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Home My WebLink About04-21-09PETITION FOR PRrrOBATE AND GRANT OF LETTERS REGISTER OF WILLS OF ~. v~ rv~~n-ems ~ cN• ~J COUNTY, PENNSYLVANIA Estate of RUSSELL E. DILLER File Number _ ~ ~ "(J"/ ' ~ "J / also known as Petitioner(s), who is/are 18 years of age or older, appiy(ies) for: (COMPLETE 'A' OR 'B' BELOW.) Deceased Social Security Number ~ ~ 6 ~ ~ ~ ~ a~ ~I ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the eX@CUtO~ named in the last Will of the Decedent dated 4/14/2009 and codicil(s) dated NONE (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration (lfapplicable, enter: c. t. a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minorttate) ev C7 Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~s>~(if any) a~heirsj fJf i__ Administration, c.t.a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~:; ~ ~ .:._ :~ .~ ~l ~ ~ ~ C _ -ice N ,, OD (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal resi ence at 194 PEEBLES ROAD NEWBURG PA 17240 CUMB COUNTY ~aA ~ I I ot,U~ip (List street address, town/city, townshrp, county, state, zip code) 1 Decedent, then ~_ years of age, died on 4/18/2009 at 194 PEEBLES ROAD. NEWBURG CUMBERLAND COUNTY PA 17240 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 500.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 260.000.00 194 PEEBLES ROAD, NEWBURG, PA 17240 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence mot-., ~ O STEVE E. DILLER WINNSBORO 35 BLUEBIRD LANE SC 29180 Form RW-02 rev. 10.!3.06 Page l of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CiAVw •Q~-~ c,.r` The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the day of Od ;~ ~~ Q F the Register Signature of Personal Representative Signature of Personal Representative File Number: ~ ~ ~ ~ 11~~ ~ ~~ f ~-~ ~ , ~ --, ~- = n~ C . N ~' =~ c~, --.~ ~J .~..a _ . , f - 3 --- •~ ~ ,'~ ~-{ D N _, , - ~ , OO Estate of•RUSSELL E. DILLER -7 ,Deceased Social Security Number; ~ 1 ~ t.~ ~ 4 a ~~ Date of Death: 4/18/2009 AND NOW, APRIL 21 , 2009 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to STEVE E. DILLER in the above estate and that the instrument(s) dated APRIL 14 2009 described in the Petition be admitted to probate and filed of recylyd as the last Will (and Codicil(s)) of~ecedent. n FEES rr Letters ............................. $ J • Short Certificate(s) •••••••••••• $ Renunciation(s) •••••••••••••••• $ .... $ i .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ r SS Signature of Personal Representative Attorney Signature: Supreme Court I.D. No.: 25502 Address: 49 WEST ORANGE STREET, SUITE 3 SHIPPENSBURG PA 17257 Telephone: 717-532-3270 Form RW-02 rev. !0.!3.06 Page 2 of 2 Attorney Name: H. ANTHONY ADAM5 . ( ~~~~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 15234911 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for pe anent filing. Loca egistrar Date Issued N C"7 0 ' _. __.._.. _.._ _..- -. _. .____ __.._... CQ ..v _. r _ ' ' .-yam ~, _i ; ~ ~ t A / ~~ ~ l J ' ~ L _ LL /~ ~ -. H10S113 REV 112006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • YITAL RECORDS '"~ Vl ~~ ~ ~ - - ( ~~+~~ CERTIFICATE OF DEATH ` ~ ~~ ~, 'b 'r ~~ NN (See instructions and examples on reverse) STATE FI4E NUMBSR~"t ~ ~ _ ` ~ y\ V 0 1. Nerve d Decedee (Fim, noddle, bn, nM4) 2. Sex 3. Socel Se«xey texr0ar 4.-0eb _ (Mdph. dry, .. ' fib - , ' Ruade.GC E. 'D.i,?,~.en ~IaP.e 176 - 46 -7248 6.Age (lrt Birtldsy) Ihrder 1 r lNrtler 7 8. Dade d BiM 7. Bkllplece ( end Nab a 1 Be. Php d Datli (Check ae tars 0aN Nowt Wrwr HoyOd: Omer: ., n ~ ~ oo Jr 2 y,•, 2 ~ 1 1 ~ $ ~ Cd1Lel.b ie, PA ^ Ylpalied ^ ER l onbdimt ^ DCA ^ Nurshp Hare ~ Residence ^Otler- Spaciy: Bb. Count' d Deem 8a Cby, BaO. Twp, d Oaem &. FadNy Name (d red arUmdorN pw eved em rvarEer) B. the Decetled d HrpuicOdpn? ~ No ^ Yes iD. Rea: Amaben hidbn, BISON, WhM, ea. Cumbeh,P,and HapeweX~ Twp. 194 Peeb.Ce6 Rd., Newbukg kmMe~mn,PiaxloW~wn,dca ~ Uhi~e 17. tk«dad't Vewl d work d one moll d Se. Do M abte 12. Wae Decoded ever M the 19. Decedent's EduaMn ady Aigwt Pads eaniP lehd) 14. Aleritel SWUa: Mmried, Never Marrbd, 15. SuMvNp Slx+ uee (B wife. ghe meitlen nmre) IOixl d Work + IOrN d Butkwc / IMw~ V.S. Amed Faac? EbmenLry / SecaMary (0-12) Cdtsge (1J a 5.) WidoweE, Divacad (! ^Y« C>f3~ 10 ~~,vohced 18. Deadaet Mdlig Atl6asa (Sheet ny I tam. sine, zip code) Dsadem's 1Hd Decedent nlTe (~.~vawra dm HO~Q~Ve,f,C T l R dd L~J.r aa 17 O tl d l N ~• Pv ,~ 194 Peeb.~e6 Rand _ nce ~? vq. ue . c. ec, dce n . e _. Newb PA 11240 tm. Gamy Comb Pl1.Pnnd tTO. ^ No, Demdwn shed wimp A~I~a ~'/B«d 1B. FemeYt Name (Peak eNde, bet ardfa) 1B. Moder'e Notre (FaN, mdse, mYtl1n aumame) ChanCea a.(.G~.e~c Janet 1dieY.en. 20a. klomnd'a Name (Type / Proel 204ldamue's Msiknp Addim (Sheet cA' 1 qm, etas, zlp ads) Steve E. 17.e,P,Een 35 B.Cu.e S.ucd Lane, (V~,nnabono, SC 29180 21e. yAed+atl d DiepoeBan ~Dor~at 21b. Dare d Dlepadwn Ikad4 dry, year) 21c Place a DiepoeMon R1enr d aenwbry. cy«retay «om« pea) 27d. tocedon (Coy / awn. oWe, ap mdel ^ ~~ ^ "~~'" r.`~Ex.~narDa,~~«.nA"'~°d(gYe.^N~ 4 21 2009 Sm.ithdbun C2ema~a.2 Sm.ithsbuh SID 21783 21a. dFUrral reach) z2b.tadwNumb« 2zcNUreamAddressaFawkyFa ee6angen-B>ti.ehe~. Funenae Home, Inc. - - FU-011116-L A 172 7 CenVMw Mmr 29at ady when oeQilyirg Irlq,laen m na aywcb N lire d deem ro 23e. Tome Mal a my knowbtlge, deem omurred Nth tme, dals told pboe (S'p~end Mlle) ~ ~'9 J ~ /~ 23b. Lianas NumMf / j 23c gdodh, year) .~ ue d damh c N , , / ~ I ` `~ Z t ~ ~ / . « Y u ~ l/ V - ~ 24 q persm 24. TiM d D~ 25. DW iWrMr,dry/ywr) ~ /y 26. ~ Cw ReNwred tp Meditel Examiner / Camnn br a Omer men CrernaBm a Dmslion7 r ' / ~ M ~ ~~ ' T ` Y I ! J CAUSE OF DEATH (Sad InaWCdbns tl usmpNs) r Appmumsle knervN: Pad II: Eder dMr ~ " 2B, Did ToMxo the ContRae a OesN? p«n 27. Pad I: Edx tle I~fl}&Bi -dwases, inMaies, a c«r0hwtam-ddl tlrecW! carved me NOT ars« terlfFW eYBda such as Cardiac erred, r OIreM ro Deem M nol resutlng m ma lald«ymp ease given m Pat I. ^ Yea ^ PmMNy mtphaay BneM, a veddaaer kbriledori wAlcd NOMng me e6aWy LIBI Ollh' are cause ql each alle. ; ^ ~ ^ VIdQ10Wn M e fin r1 ~ ~ J vr, C~ h ~ ~, ~ ZB. N Female: r ~ a. l i ^ N Due a la o e coriseprence op: ~ d pmgred w n pan ye« d ^ Pre ed N thus a tleNh isl mnONars, q airy, C. ~ y Vie. Web (a es a conee4uence aj: i C A Na pmpied, bd pmgnwa wehn 42 days ^ t sd (drew a . mN aIM events reap n tleelh) U1ST c. a dram - . Duero (a as a aaeeQuance dj: i ^ Nd peVrara, bd pregnant 43 days a t year d. i eelae de9th ^ lmaxrxnNpreprnt wNlsn me P~tYe« 33a. 30b.> F 37, r d Deem 92e. Dale a Inju7lMaim, day, year) 3ffi. DeaaWe kbx injury Qarmtl 32c. ~: Home Bred. Flay, NNUmI ^ lanaide (S; / a cause a Deem? ^ ~ ..JW LL!!77 ^ ~ ^ ~ ^ Amdent ^ peridnp mveypetpn 320. Tine d injury 32e. mhay d Wak7 321. H TranapDMGan gjuy (5}redly) 32g. Lacatan a Iry'ury (Sreel. dIY / aw'n, slue) ^ Bantle ^ CaM Nd M Datemdnetl ^ Yes ^ No ^ Drner /Operd« ^ Preserger ^Pedeseien M Om« ~ 1' 339. Ceniiar (dteck edy aw) • Cetllryhp phyNcim (Phyaoen arlByng cause a deem when eriolher physinen has pramrtlad deem aM car9Ndetl pain 23) lab a ()xSbr // / l To the MNdny lmowledge. Beam xc«needwade amega)rM muwxrsatNetl______________________'---__---- . ~ L ~(.1 u~ ~ ~`'l/ • Prerpa inp end cetlNYOq POYefden (Plyanen hM praaisidng dean arld oedBynp ro cave d deem) To tM MN a my Nrrowledge, tlmm occurred N IM tlme, dab, arM pbce, en0 due to 1M eauuys) antl mmrer as ahbd------- -,. ^ -"-----' 93c. lk«we NumMr 33d. Data Sgxd (Madh, my, Yre8 ~~+ taedkal Faanlner/Coroner C).?~Y' y" ~ ~ On the beak d eumretbn Md / a investfgetbn, a mY oPlnfar, tleelh staved N IM tam, date, and plan, eM due to IM awe(s) aM rreaer n atNe4 ^ 711 Type! Pr y m {{ A / ~ ~~ Re lshark l e a rNd to Filatl tl ~ 1 ' ~ •tJ ~ H p ur I ~I ,~ /f 11 ~ ~ I ~ Z O eY. ~ ~ / ~ L ~/a / / ~ /~ ~ p /~ ~l /~ ~ I rv~ 3 R 2 DbposNion Perme No. O ~ { `Y / / r -- ~ --; ~=; ~ ~.a ~. ; .. , LAST WILL AND TESTAMENT r~~ _ _ ~ ' ; .?- , N - ~I7 } L ~ tJ ~ _.~.. 4 RUSSELL E. DILLER ~ . ~7 --+ ~ ' - :y? ca ... KNOW ALL MEN BY THESE PRESENTS, that I, Russell E. Diller, of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking all prior wills and codicils by me at any time heretofore made. FIRST: I direct the payment of all my legal debts, burial expenses including my grave marker, my federal estate and state inheritance taxes together with cost of administration of my estate, as soon as may be conveniently done following my decease. SECOND: I direct that the following tangible personal property be sold, at sale public or private, 2000 Dodge Ram 2500 pick-up; 1967 Mercury Comet; 1967 Plymouth Barracuda; 1968 custom Triumph motorcycle; my collections of Barbie dolls, baseball cards, one-tenth scale motorcycles and my tools. I also direct that my real property located at 194 Peebles Road, Newburg, Cumberland County, Pennsylvania be sold, at sale public or private. The proceeds of the sale of the tangible personal property and the sale of the stated real estate shall be considered part of and added to the residue of my estate and distributed as set forth in said residue at Paragraph Fifth. THIRD: A. I am the owner of a money market account at Patriot Federal Credit Union. The account number ends in 6260 and is designated on my statement of account as Money Market Account-20. I direct that my Executor pay from the money market account the amount of any inheritance tax that may be due on the value of the account on the date of my death and at the rate charged to the hereinafter named beneficiaries of the account, (currently believed to be 4 ~/z %). B. From the account specified in Paragraph Third, I give to each of my grandchildren, Blake Anthony Cruz and Destiny Marie Cruz, the amount of $20,000.00, if the named grandchild is alive at the time of my death. I direct that, if my grandchild is under the age of 21 the money be placed in an interest bearing account, such as a certificate of deposit, savings account, treasury bond or other instrument, at the sole discretion of the trustee named herein who shall be the trustee of the said funds, with 50% of the account payable to the grandchild at 18 years of age and the remaining balance of the account payable at age 21. C. The rest and residue of the money from the Patriot Federal Credit Union Money Market-Account-20, I give and bequeath to Steve E. Diller, as trustee, to invest and reinvest the same for the benefit and in trust for Anthony Ray Diller and Deanna Marie Diller with the following rights, duties and powers in addition to those given at law: 1. The power to distribute to each, Anthony Ray Diller and Deanna Marie Diller the amount of $1,000.00 on the 15th day of each and every month after the trust is established. 2. I direct that the trustee collect as reimbursement for his services all expenses and costs incurred as a result of actions and duties as trustee. 3. I direct that the named Trustee make distribution of $20,000.00 to each beneficiary when he/she attains the age of 32 years; a distribution of $25,000.00 to the beneficiary when he/she attains the age of 40 years and to make distribution of all the then remaining principal and interest to the beneficiary when he/she attains the age of 50 years upon a good and valid release and receipt without the necessity of an adjudication by the Orphan's Court. 4. If Steve E. Diller should fail to serve or if he is unable to serve as my Trustee, I nominate and appoint Jacob C. Diller as Trustee. 5. No part of the income or principal shall be transferred or assigned by any beneficiary or subjected to any judicial process against any beneficiary before the same has been paid. No part of the interest of any beneficiary shall in any event be subject to sale, hypothecation, assignment, or transfer. Nor shall the principle or income be liable for the debt of any beneficiary. Nor shall any part of the principal or income be seized, attached, or in any manner taken by judicial proceedings against any beneficiary on account of the debts, assignments, sale, divorce, or encumbrance of any beneficiary. In accordance with these provisions, the trustee shall pay to the beneficiary the sum payable to the beneficiary according to the Trust terms, notwithstanding any purported sale, assignment, hypothecation, transfer, attachment, or judicial process, exactly as if the same did not exist. FOURTH: I give and bequeath all my tangible personal property, (not otherwise specifically mentioned in this will) including but not limited to all furnishings, household property, decorations, antiques and jewelry to Marilyn Irene Dick. FIFTH: The rest and residue of my estate, be it real, mixed or personal, of whatever nature or kind, I give, devise and bequeath to Marilyn Irene Dick, Anthony Ray Diller and Deanna Marie Diller, in equal shares, share and share alike, per stirpes. SIXTH: I name Steve E. Diller to be my Executor of this my Last Will and Testatment. Should he fail or cease to act, I name Janet Arlene Patton to be my Executrix of this my Last Will and Testament. If administration of my estate or trust should be necessary in any jurisdiction where my Executor or Trustee is unable to qualify or if my Executor or Trustee deems it necessary for any other reason, I give to my Executor or my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor's or my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor or Trustee named pursuant to the preceding sentence. References in my will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. I grant my Executor and my Trustee the powers set forth in 20 Pa. C.S. §§ 3311-3332 and 20 Pa. C.S. § 780.6 respectively. In addition, my Trustee may merge any trust under this will with any trust having the same trustee and substantially the same dispositive provisions. If at any time after my death the size of any trust under this will is so small that, in the opinion of my Trustee, the trust is uneconomical to administer, my Trustee may terminate the trust and distribute the assets to the person or persons authorized to receive the trust income in such shares as my Trustee may deem appropriate. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executor and my Trustee. IN WITNESS WHEREOF, I, Russell E. Diller, to this my Last Will and Testament set my hand and official seal, this ~~day of 2009. (SEAL) Ruse .Diller ---~' Sworn to and subscribed, declared and Published by Russell E. Diller, as His Last Will and Testament, and so Done in the presence of we the Witnesses, who sign at his request, And in his presence, and in the presence Of etch other. .; ~' ~~ ~J COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND I, Russell E. Diller, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed it willingly; and that I signed it as my free and voluntary act for the purpose therein expressed. ~~~ Russell E. Diller Sworn to and acknowledged, before me, By Russe I E. Diller, he Testator, This ''day of - 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND ' ~ k ..VAN1A H. Anthany Ad rr~ns ~lptaq, public Shippensburg Boro, Cumberland County My Commission Expires May 31, 2010 WE, Darlene M. Bigler and Sharon Coleman Adams, the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we saw the Testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses, and that to the best of our knowledge and belief the Testator was at the time at least eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. .~ ,~ ;~ ,-~~ ~} /}~ ~~. ~~ .'`l, /~{ ~Lt-/ ~,,.a% l,.-~'.'LLL GL(~t-~ ~,.-.-~' ~C.•rc^LCrt~y~ Sworn to and subscribed before me by, Darlene M. Bigler and Sharon Coleman Adams, The witnesses, this ~ day of 2009. co1~lKOr~r~~~~~.r~: c~~~~_~~.R,~r~waivlA Notarla! des, ", H. Anthony Adams. Notary r ubllc Shippensburg Boro, Cumbsrl3nd County My Commission Expires N9ay 91, 2010 _..~ Notary Public