HomeMy WebLinkAbout08-22-08PETITION FOR PROBATE and GRANT OF LETTERS
Estate aj Fay Truxal
also known as Mares Fay Truxal
Deceased.
Social Security No. 1
f.
To:
Register of Wills for the
County of Cumberland- ~ the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who )~/are 18 years of age or older an the execut rl ~. e s named
in the last will of the above decedent, dated Auau s t 3 , ~ 29 `~ -~ -
and codicil{s) dated None
(state relevant cire~~mstances, e.g. renunciation, death of executor, etc.)
Cumberland i~ounty Pennsylvania, with
Decendent was domiciled at death in
e r _ last family or principal residence at 8 0 7 H i 11 s i d e D r .L v e
Carlisle, PA 17!)13
(list street, number and muncipality)
Decendent, then 7 7 years of age, died August 1 9 , 2 ~) 0 8 _, _ ,
at_$.Q7 H; l lside wive Carlisle, PA 1 701 3 _
ExceF~t as follows, decedent did not marry, was not divorced and did not heave a child born or adopted
after execution of the will offered for probate; was not the victim of a killings and was never adjudicated
incompetent:
_.
Decendent at death owned property with estimated values as follows: 1 ~ ~~ ;0 0 0 . ~Q
(If domiciled in Pa.) All personal property $ _,
(If not domiciled in Pa.) Personal property in Pennsylvania $ -
(If not domiciled in Pa.) Personal property in County $ ,,
Value of real estate in Pennsylvania $
situated as follows: None
WHEREFORE, petitioner(s) respectfully request(s) the probate of the Last with and codicil(s)
precentcd herewith and the grant of letters testamentary ~'-'
(testamentary; administration :.t.a.; administration d.b.n.c.t.a.)
theron.
.~ ,:._ ~ C~n~ _~_~;.,, _
,~~ -Pamela Kim Van Fleet
.~L 1705 McClures Gap Road
~.~ _ Carlisle, PA 1 701 3
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,/` C'-~---~E/ ` ~ i
Karen B. Truxal
i sl. e rive.
Carlisle, PA 17013_._____
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OATH OF PERSONAL REPRESENT~~TIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear{~) or affirm(s) that the statements in the foregoing petition aze
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitiorer(s) will well and truly administer the estate according to law.
~~~~~ 1~-~ ~ ~ ~
Sworn to or aff' d nd subscribed ~, -Z ~ -
bgfore the this. ~.: /1(~. day of Pamela Kim Van Fleet
. _ - _~~ ..
~, ~ ~~ t~"`~ .a ren B ruxa
Register l ~.
,i
No. - ~ ~ 1 ~ ~ir .
ESt9te Of Fay Truxal a/k/a Mary Fay Truxal ~ j)ecCBSed
DECREE OF PROBATE AND GRANT OF LETTERS
;~, r ;
AND NOW ~ ~'~ .%~ ; fi=t ~~ ' a
' ~ ~ r ` `f -`~ , in consideration of the petition on
the reverse side hereof, satisfact y oof batting been presented before me,
IT IS DECREED that the instrument(s) dated f s ~i r_' ~ ~ '~; f -r, t ~f;, t~;
described therein be admitted to probate and filed of record as the last will of _~~~
~~ t t i >- <
and Letters ( _ , f: ; ; _. + t,. ~ ;
are hereby granted to l~l ~ t ~ j ~, , ~ '
Vf Zt~li;~l ,;,~i i -.~;, i.~ ~,. ~ ~ ~ ~ ,
FEES
;-,
Probate, Letters, Etc..... $ -r~ `~ ` '-
-, .
Short Certificates(io+) .......... S_ ~~-.'(..C
~~~etfl~29n ~~ . ~, ` ~ .
TOTAL $ ~~~ '% ~~
Filed ..... .............................
1
Register of Wills ,r' d ~,,{ ~ ~
~` ;
Joseph D. Buckley, Esquire #38444
ATTORNEY (Sup. Ct. 1.D. No.)
1237 Holly Pike, Carlisle, PA 17013
ADDRESS
(71 7) 249-2448
PNONE
_ _ ~ _
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V`lARN1~1Ge it is iliega{ to duplicate this ca~y= ?~y ~yhata~ytd~t ar pr?a#c~~l•~~;;t^
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Rms-143 REV nrzoos COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TPeannn'IErT4rt" CERTIFICATE OF DEATH
RucK INK (See instructions and examples on reverse) srArE FILE NUMBER
1. Nanr: of Decedent (Flrsl, midtlle, last, sulfixl 2. Sex 3. Social Security Number
- 4 Dale of Death (Month, day, year)
2008
19
Au
Mary Fay Truxal Female - ,
g.
Age ILasl Birthday) Under
5 1 year Under 1 day 6. Dale of Binh (MOrllh, day, year) 7. Binfplace (Coy antl state or foreign country) fie. Place of Death (Check only orre)
. ka,lns Days Hwrs rArwras Hospital: Other:
77 vfe Oct. 28, 1930 Landisburg, PA ^mpaliem ^ER/oulpabern ^DOa ^Narsmg Hdme ~$Reabenae ^mner. spanifY.
Bb. County of Death &. City. Rom. Twp. of Death Bd. Fadlity Name III trot Inslitutlon, give sVeel antl number) 9. Was Decedent cl Hispank Origin? ®No ~~ Yes 10. Race: America IMian. Black, Whtle, etc.
i
b
ISa~M White
Cumberland Carlisle 807 Hillside Dr. an,
pf yea, apea
ly ca
Mexican, PUeno Ricen,ero.)
11. Decedent's Usual Occu lion Nirb of work done duct most of world tile. Do not slate refired 12. Was Decedent ever in the 13. Decedent's Education (Specify onty hlghesl grade completed) 14. Mahal Status: Maenad, Never Monied 15. Surviving Spouse III wife, give maiden name)
Widowed, Divorced (Specify
Nlrb of Work Klnd d Busin s I IMUSiry
l U.S. Armed Forces? Elementary /Secondary (0.12) College (7-4 or 5r)
Widowed
Inst.
Teller Financia ^vea ®Nd 12
l s. Deaedenra Mail'. address (Strree,, airy / e>wn, slate, nv aae) Deaedem a PA Did Deaadanl
Twv.
DeaeeenlLNedm
^vea
1rc
807 Hillside Dr. AclaalReaidenae l7aSlate -
,
.
Townsnp?
~yedwilnm Carlisle
l~d~
D
Carlisle, PA 17013 city/Baro
,7b.counry Cumberland
iumuao
p~iva
18. Famer's Name (Flrsl. middle, last, sunlx)
Newton Stambaugh 19. Momer's Name (First, middle, rtraitlen wmame)
Rosa Collins
20a. Inrorment's Name (Type I Pnnp
Kim VanFleet 2Cd. Inlomanl's Mailing Address (Street, rnY l town, stale, zip code)
1705 McClures Gap Road. Carlisle, PA 17015
21a. Method of Dlslxuilbn ~~ Cremation ^ Donaf 21b. Date of Disposi0on (Month, ~d\ayop, year) ~f P1ac~of Dis~sn (NaplY~of c 1e low qhQ q 4e) 21 A. Location (CAy /town, stale, zip code)
`•OSLmatl-ROn[l
~lot1UII1C c4[ CgT'l1Sle
PA 17013
'] Burial ^ RemwallromShafe ;Was Cremation orponetionANhorizetl AUS. 2L, LUVIJ ,
ematO
l~ y
^ ()trier . S~yN by Medical Examitrer I Coroner? vas ^ Ne o man- of unera ome tame Dry, nc.
nli
dF
a
ty
22a.signawreaF ~ op~tsorraagrgae n) zzb.u aeNUmber zza.NameaMAtldreas
~/ - ~~-•= " 138425 219 N. Hanover St., Carlisle, PA 17013
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Conplele Items 23ac Dory when renifying 23a. To the my knowledge, tleafh occunad al me lime, dale and place slated. ISignalure aM title) 23b. License Number 23c. Date Slgned (Month, day, year(
phyakan'a not avaaalale al rme of seam to
I (~
] I n - L .
:5 ~ ~`
cenily cause of deem. time of Ih 25. Dale Proraun (Month, tlay, year)
24 .
26. Was Case Referred fo Metlical Examiner I Coroner for a Reason her Than Cremaibn or Donation?
Items 2426 muss be romp4letl by person
who promwrces deem. .
GO
~ P M. ^Vae If~No
CAUSE OF DEATH (See instructions antl examples) C r Approximate imerral: Part II: Enter other do ~m cond'Aions conlnDlairw lo4gglp,
iven in Pan I
rl
in
quse
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m
d
ni 28 id Tobacm use Conldbule ro Deam?
~Yas ^ ProbabN
Item 27. Pan I. Enter the chain of events - diseases, Injuiles, or cornplicatrorss -that &ecty caused me Oealh. DO NOT enter term) events such as cartliac aoesl, Onset fo Deam .
y
g
g
n
e un
e
but not resu
rg
respiratory anesl, or venlrkular fibnllalion without showing the elidogy. Li51 only one cause on Bach Ilne. ^ No ^ Unknown
IMMEDIATE CAUSE ffFnal disease or /. c
cadition resultl!g in tlealh)
`~•/'"~ C~'1 ~, '~~ ~ 29 II Female'.
nant wilhln past year
`Ja Nof
re
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a,
Due lo~r as_a segrrerrce)oQ:/~ k, (--~ /~.,
F
f-r
A-L^~'~sCo~
it any
IialN list corditrons
~t+ V'vz IK ~t
N ~ ~( [y{
$ i
r p
g
'^~Pregnant al lime of deem
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,
r
, b.
ag
leading 1o Ifw cause listed on line a. Due to (ar seguenre of):
Enter Ilre Ut ~E~ LYING CAUSE /~ a ~. ~~ ~~
, t~ 'y
l iMluletl the r~ y{ 6 /\!
dse se or ih ^ Nd Pregnant, but pregnant within 42 days
of deem
~
e
c.
events resuning In tl alhl LAST. ^ Nat pregnant but pragnam 13 days l01 year
Due to for as a mnseguence o0:
d before deem
^ Unknown it pregnant within me past year
30a. Was an Autopsy 3Db. Ware Autopsy =1ndings 31. Manner of Death 32a. Dale of Inlury (Month, tlay, year) 32b. Describe How Inlury Occurred 32c. Place of Inlury: Hom Farm, Street, Factory,
onroe 13uiroinq, eta (Speciryl
Penormed? Available Poor to Camplelron
~Nalural ^ Homicitle
• of Cause d Dealh7 ^ Accident ^ Pendlrg Investigation 32d. Time of Injury 32e. Inury al Worka 321. II Tmnsponalion Injury (Speciy) 32g Lacabon of Injury (Street city f town, stale)
161 No
~~ Yes
1'°` ~ vas ^ No ^ Yes ^ No ^ Drrvar I Operates ^ Passenger ^F'edesirian
^ Subitle ^ CauM Not lu pelermined M ^Olher - Specity:
33a. cenirrer (anew «+N one) 3 3b. signawre one r f cartaier ~J
^
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..
/1
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~
• CertUying physician IPnysroan cenifytng cause of tlealn when emltler physician has prarwunretl death orb congletetl Item 23) _
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To Ina heal of my knowledge, death occured tlue to Ina Cause(s) end manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
• Pronouncing end certitying physician (Physician awn prorwuraing death end ceniying to reuse of death) 3
To the best of my knowledge, tleath occurred er the time, date, end place, and due to the cause(s) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^
3c. Lice Nu r V.-••~ 33d. Dale Slgned (Month, day, yaerl
r~~ ~ I /~_ I.), ~ .'
/ )sex V. k ._
• Medical Eaxamirrer / Co^eoner
On the b sis of exami lion and i or invesligafion, in my opinion, death occurred al the lime, date, and place, and due to the cause(sj and ma nner as stated_ ^ ~ Name orb Address of Parson Nho Gompkled Cau f Death (Item 27) Type I Prim
Ann Boghan
MD
35. Negist.~5~'g lure antlq~Irrol 6sr p `
h
~
.Dale Flletl (Month, day, year) ,
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a2'~~S ~J`• /1'~.~~ Q.~~I~S~~
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v Dlsposilion Permit No. 0~,~~~~
LAST WILL AND TESTAMENT
OF
FAY TRUXAL
I, Fay Truxal, domiciled and resident in Carlisle, County of Cumberland,. -'_
Commonwealth of Pennsylvania, declare that this document is my will and revoki~ all~rr~y
previous wills and codicils.
f ._ .
I.
IDENTIFICATIONS AND DEFINITIONS
I am a widow. I have four children, Bruce Barr Truxal, Jr., C. Scott Truxal,
Pamela Kim Van Fleet, Karen Beth Truxal, they are referred to in the Will as "my
children".
II.
PAYMENT OF EXPENSES, DEBTS ,AND TAXES
I direct my executor to pay medical, funeral, and administrative expenses and all
taxes payable by reason of my death, before any division of my estate. My executor shall
not attempt to have any part of such taxes apportioned among the recipients of property
includible: in determining the amount of such taxes. Proceeds on insurance on m~.y life up
to the maximum allowable as an exemption from Pennsylvania Inheritance 'Tax and
distributions from pension and profit sharing plans exempt from fed~~ral estate tax, all of
which are; payable to my Trustee or any beneficiary (other than my estate), shall not be
used to pay debts, taxes, expenses of administration or other charges ~igainst my e;sates.
III.
CHILDREN SURVIVING
I dispose of my property as follows:
Tangible Personal Prope~rt I give my tangible personal property in
equal shares to my children who survive me, to be divided among
them as they (or their guardians, in the case of minor children) shall
agree; if they fail to reach agreement within sixty (60) days of my
death, this tangible personal property shall be divided among my
children as my executor determines appropriate, in shares of
substantially equal value. I recommend, but do not require', that all
such items of tangible personalty be appraised and that the children
(or their guardians in the case of minor children) select in rotation
iitems at the appraised value, the order of choice to be determined by
lfot.
~~ ./1~~~
c~
Residue: I give all other property which I own or over v~~hich I have
a testamentary power of appointment, to and for the benefit of my
issue who survive me, as follows:
To each who has attained the age of twenty-five (25) years, the
share which he would take if all such property then were being
distributed to my issue who survive me, per stirpes.
To my Trustee hereinafter named, the balance of such property,
to be held, administered and distributed as provided in the article of
this Will entitled TRUST FOR ISSUE.
IV.
TRUST FOR ISSUE
This trust is established for the benefit of my issue from time to time living who
have not attained the age of twenty-five (25) years and who do not have a parent who
received either a part of the residue at my death under Article III. or a portion of the
corpus of this trust subsequently at age twenty-five (25) years.
Income: The net income shall be accumulated and thereafter treated
as corpus.
Cor ~C: From the corpus of the trust, the Trustee shall pay from
time to time or for the benefit of such one or more beneficiaries such
variable amounts (even to the exhaustion of the trust) as are
appropriate, in the discretion of the Trustee, for support and care
where the beneficiary is not self-supporting through no fault of his
own, for education (defined as four years of college, or equivalent
preparation in business, technical or trade training) if the beneficiary
strives therefor in good faith, and for extraordinary requirements
occasioned by illness or other misfortune. Amounts of corpus so
distributed shall not be taken into account in making division of the
trust when a beneficiary attains the age for distributio~i to him
provided in the next (four_ or three) paragraphs. It is my expectation
and intention that if guardians of the person are appointed for a
minor child, the Trustee will exercise the foregoing power iri order to
supply funds to the guardians adequate to maintain and su~?port the
minor child and to protect the guardians, to the extent possible, form
;suffering any significant financial burden by reason of their
appointment.
When each beneficiary attains the age of twenty-five (25) years,
t:he Trustee shall pay to him the share to which he would bf; entitled
if the then existing trust fund were distributed to my issue thf;n living,
4%y~~y~/
per stirpes, on the hypothesis that my only issue then liviing are such
beneficiary and all younger beneficiaries of this Trust.
This trust shall 1 terminate when the youngest beneficiary attains
the age of twenty-five(25) years. If this last beneficiary dies before
attaining that age, then upon his death Trustee shall distribute the
fund to my issue, then living, per stirpes.
If, at the end of my accounting period, the current market value
of the corpus of the trust does not exceed Five thousand ($5,000.00)
dollars, the corpus shall forthwith be paid to the beneficiaries of the
trust then living, per stirpes (my children to be the stock;>); provided
that if a distributee is a minor under the Revised Uniform Gifts to
Minors Act as that Act exists at the execution of this Rill and, for
the purpose, that Act is incorporated by reference.
If this trust is still in existence on the date that is twenty-one
(21) years after the death of the last to die of my issue living at my
death, Trustee shall divide the fund, per stirpes, among the then
beneficiaries of the trust (my children to be the stocks). T'he share of
each beneficiary shall be paid to him, provided the Trustee; shall hold,
administer the share of any distributee who then is ~i minor as
Custodian in accordance with the provision in the last preceding
paragraph.
V.
FIDUCIARIES
Executor: I nominate and appoint my daughters Karen Beth Truxal and Pamela
Kim Vari Fleet as co-executrices of this Will to serve without bon~I. If either does not
survive me, declines to act, or having qualified, resigns, dies, or is removed, I nominate the
other to serve as sole executrix..
Tn~ ~: I nominate Farmers Trust Company of Carlisle as 'Crustee. My Trustee
shall not be required to file an inventory or accountings with the Cleric or the Court having
jurisdiction over this Will.
I direct that it receive as compensation for its services (as Trustee, and as personal
representative, if he/she serves in that capacity) such amounts as it customarily charges
for similar services at the time those services are performed.
P~~: I give my fiduciaries, including successor fiduciaries, all the powers
contained in Chapter 71 of the Pennsylvania Probate, Estates and Fiduciaries CodE; at the
time of the execution of this Will, and those powers are incorporated by reference.
VI.
MISCELLANEOUS
Survival Defined: No person shall be deemed to have survived me or to 'be living
at my death if he shall die within thirty (30) days after my death.
~~G y.t~
.[asue Defined• The term issue means all my lineal descendants, immediate and
remote, living on the date the persons who comprise that class must be ascertained. When
distribution is to issue, per stirpes, distribution shall be by right of represerntation, my
children to be the stocks.
,Adoption: Where a person has been adopted prior to attaining the age of eighteen
(18) years, such person shall be treated for all purposes of this will as the natural child of
the adopting parents.
Ultimate Tak rs• If, at any time, there is no one to take under the terms of this will
or trust described in Article IV, my fiduciary shall pay over half the fund to those persons
who would take my estate if I had then died intestate, unmarried, domiciled in
Pennsylvania, under the laws of Pennsylvania then in effect, the shares and proportions to
be determined by said laws, and the balance to t,iose persons who would take my late
husband"s estate if he had then died intestate, unmarried, domiciled in Pennsylvania under
the laws of Pennsylvania then in effect, the shares and proportions to be determined by
said law;>.
Living Will• In the unfortunate event that I should by reason of physical ~or mental
disability, become unable to take part in decisions for my own future by virtue of what is
commonly referred to as "brain dead" or imminent death, I order and direct that, where
there is no reasonable expectation of my recovery from physical or mental disability, I be
permittedi to die and that I not be kept alive by artificial means. It is my express desire that
I not be permitted to suffer the indignities of deterioration, dependence and hopc;less pain
and that, therefore medication be mercifully administered to me only to alleviate my
suffering even though this may hasten the moment of death.
Iri testimony of which I now sign this will, in the presence of witnessc;s whose
names will appear below, and request that they witness my signature and attest to the
execution of this will, this 3rd day of August, 1995 at Carlisle, Cumberland County,
Pennsylvania.
~~~' ~•~i
Fay Truxal G~~ -
]Fay Truxal, in our presence, signed this instrument. Befi~re she signed it, the
declared to us that it was her will and requested that we act as witr,~esses to its execution.
We believe her to be of sound mind, possessing testamentary capacity, and not subject to
undue influence, fraud, or coercion. We now, in her presence, and in the presence of each
other, sign below as witnesses, all on this 3rd day of Augu:>t, 1995, a1: Carlisle,
Cumberland County, Pennsylvania.
residing at ~" ~~ ,Yi/~ ~4~f~i~, , ~~~~i~,,.,3
residing at /~l ~~~ ~ ~Ii ~t~=_1~ . ,~ /~Di~
COMM(JNWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
We, ~~c l ~ ~ ~ c~~,_ and ~ ~ the
witnesses whose n ma es are sig ed to the foregoin instrument, being duly qualified
according to law, do depose and say that we were present and saw testator sign and
execute the instrument as Her Last Will: that Fay Truxal signed willingly anti for the
purposes therein expressed; that each of us in the hearing and sight ~~f the testator signed
the will as witnesses; and that to the best of our knowledge the testator was at that time
eighteen (18) or more years of age, of sound mind, and under no constraint or undue
influence..
Sworn or affirmed to and subscribed to befor me by
~..Jg~ °1S ~ f3ct c~~..~; __ and 717 ~~ru~ ` ~-
wrtnesses, this ~~ day of ~ 19 cj~ - '
/~,
Notary P lit
IVOTARIAI. SEAL
KAREN K. BUCK~EY. Notary Public
Carlisle. Cumberland County
~y Commission Expires June 23. 1997
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