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HomeMy WebLinkAbout02-0237Will RW 21-1 PETITION FOR PROBATE and GRANT OF LETTERS Estate of JAMES G. COX also known as Social Security No 208-14-7970 , Deceased The petition of the undersigned respectfully represents that: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Your petitioner(s) is/are 18 years of age or older and the executor JAMES G. COX named in the last will of the above decedent, dated November 20, 2000, and codicil(s) dated Decedent was domiciled at death in Silver Spring Township, Cumberland County, Pennsylvania. with his last family or principal residence at 7073 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013~ Decedent, then 75 years of age died January 19, 2002 at Harrisburg Hospital, Harrisburg, Pennsylvania. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim ora killing and was never adjudicated incompetent Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (|fnot 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: $ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith an~~~.ers~TAMENTARY thereon. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } ss } 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 my knowledge and belief of petitioner(s) and that as personal representatives) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed Mary C. Lewis Register I / -:: before me this 4th day of March ,2002 No 21-2002-0237 Estate of JAMES G. COX, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, March 6th, 2002 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated November 20th, 2000 described therein be admitted to probate and filed of record as the last will of JAMES G. COX and Letters TESTAMENTARY are hereby granted to BERTHA J. COX FEES Probate, Letters, Etc Short Certificates ( ) x-Pages ( 4 ) Renunciation JCP Inv. & Tax Forms Total $ 8O. 00 (2) $ 6.00 CALL EXECUTRIX ON MARCH 6TH, 2002 12.00 $ 5.00 $ $103.00 Register of Wills MARY C. LEWIS Brett B. Weinstein 78665 ATTORNEY (Sup. Ct. I.D. No.) 707 W. DeKalb Pike, Suite 2 King of Prussia, PA 19406 (610) 337-3733 105.905MS REV.(09/01 ) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. Robert S. (Zim~erman, Jr., MPH Charles Hardester Secretary of Health State Registrar 01360G4 F£ Z ? zooz No. Date · UCK Im~ 75 w,. I Dauphin ,,~ Dock Supervisor 7073 Carlisle Pike Lot 100 Carlisle, PA. 17013 Jesse W. C~x Bertha Jo Cox ,,==~O COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH 0 1 1 0 6 7 Jame~ G. G~ ,.Male [~ 208 -- 14 7970 ~J~,~vy 19, 2002 I L02/19/1926 zJeanette, PA ~'~ .~.~O ~O ~D ~. ~is~q ~ H~isb~q Hospi~l ,~~' ,~ ~te ,,~ ~c~qg I,,. 11 I ~ ~i~ , r ~ce ~t fndiantown Gap Box 484 Indiantown Gap I~l National Cemetery , Pa. 17003 Home 011667-L Market LAST WILL AND TESTAMENT (Pour-Over Will) OF JAMES G. COX 21-2002-237 IDENTITY I, JAMES G. COX, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 208-14-7970. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married, namely, BERTHA J. COX. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I have the following children: JAMES J. COX born December 15, 1944 and currently residing in East Petersburg, PA and MICHAEL W. COX bom July 9, 1946 and currently residing in Greensburg, PA and PATRICK J. COX born October 5, 1953 and currently residing in Greensburg, PA and TIMOTHY D. COX born July 22, 1955 and currently residing in Conneaut, OH and ROBIN M. COX born May 7, 1963 and currently residing in Mechanicsburg, PA and ROBERT E. COX, deceased. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE JAMES G. COX AND BERTHA J. COX REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." POUR-OVER WILLS Page 1 ~s~ator/Testatrix) RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint BERTHA J. COX as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint JAMES J. COX to serve without bond as my Independent Executor. In the event the second named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint MICHAEL W. COX to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash orjn kind of POUR-OVER WILLS /~ator Page 2 ' /Testatrix) partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. //J~ES G. COX - / !,._~estator POUR-OVER WILLS Page 3 -(~s t a/t or/Te s~aLt)rix ) This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bo~_ of each of th9 preceding pages. This instrument is being signed by me on this c~ day of ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator' s request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: (Printed Name of Witness) ADDRESSES: POUR-OVER WILLS Page 4 ~Tes~at~or/T~s~trix) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE j.,.__ .BEFORE lVIE~th~ undersigned authority, on this day.. personally ~ppeared JAMES G. COX, ]/4~'d~x,'O_~ ~ ~/~ and ~ ~ ~ ~~ wn m ' ~ ~ ~l ,~o to eto~the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, JAMES G. COX, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the pu~oses therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated fu~her that he did the same as a wimess in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound ~nd, and that each of the witnesses was then at least fouaeen (14) years of age. J~MES G. COX ~ j.~j/'Testator (Printed Name of Witness) (Printed Name of Witness) SUBSCRIBED AN.D ACKNOWLEDGE~) b,e.fo~r?me by J,~aMES G. COX, T¢~tator,,and subscribed and sworn to be~;~ me b~ i/., f3r~L---/~.. E ~/(',/x* 7~ad _~J/~-~t cz .~ ~'~./c/~/'-cT-', witnesses, this the ~ day ~-f ,,~1/~/,/£~/~e9<:5 ,~,~a~. ~ NotfirY~9~lic, C ~?~e ~1~o f Penn s~v ania Page 5 ~.j_ estator/Testatrix) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 2002-00237 Estate of JAMES G. COX PRAECIPE FOR WITHDRAWAL AS ATTORNEY AND NOW, this 10111 day of March, 2004, upon consideration that Brett B. Weinstein, Esquire would request that his name be removed as the attorney for the Estate of James G. Cox. It is therefore requested that this praecipe to withdraw, is hereby approved. BY THE COURT, ~- ------- --- ~:?- ,/I, ~ ---------.-.~".. -'. L. '" ,/tt'; ~ ", >"''--- ::-}C:, S~ d ~,~ --- <Jt "',J :"'.,'; l',J N . >- Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 12/01/2004 COX BERTHA J 7073 CARLISLE PIKE LOT 100 CARLISLE, PA 17013 RE: Estate of COX JAMES G File Number: 2002-00237 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 1/19/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Ccuncc~ Judge Date: STATUS REPORT UNDER RULE 6.12 Name of Decedent: Date of Death: I- tq - 7_0ol_ Will No.: Admin. No.: Pursuant to Rule 6.12 of the Supreme Court OrlJhans' Com-t Rules, I report the following with respect to completion of the administration of the above-captioned estate: I. State whether administration of the estate is complete: Yes [] No F-] 2. If the answer is No, state when the personal representative reasonably believes that the admirdstration will be complete: 3. lithe answer to No. 1 is Yes, state the following: Did the personal representative file a final account with the Court? Yes_ No b. The separate Orphans' Court No. (if any) for the personal represemative's account is: c. Did the personal representative state an account info,ally to the parties in interest? Yes [] No ~] Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this r~ ~Name Capacity: Address Telephone No. Personal Representative Counsel for personal representative / '7520 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 12/01/2004 COX BERTHA J 7073 CARLISLE PIKE LOT 100 CARLISLE, PA 17013 RE: Estate of COX JAMES G File Number: 2002-00237 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 1/19/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Judge