HomeMy WebLinkAbout11-19-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of CAROL L. BDCLER
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~ ~ ' ~~ - ~~ 7 `/
Social Security Number 202-32-2668
Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the CO-EXECUTORS
last Will of the Decedent dated November 14, 2003 and codicil(s) dated
(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 bom or adopted after execution t~trumer~(s) offeced'"~.
.:.~
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ ~ ~ -
v tv ., ,
r
^ B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durance minoritate)
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
28 Palmer Drive Came Hill Pemmsvivania 17011
(List street address, town/city, township, county, state, zip code)
Decedent, then 69 yeazs of age, died on November 12, 2009 at home, 28 Palmer Drive, Camp Hill, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 20,000.00
(If not domiciled in PA) Personal property in Pennsylvania $ 0.00
(If not domiciled in PA) Personal property in County $ 0.00
Value of real estate in Pennsylvania $ 0.00
situated as
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:
Thomas L. Bixler, Jr., 740 Lindenwood Lane, Steelton, PA 17113
~~ _ _ _ ~ Q- ~ / ~ I Jane L. Bixler, 1380 W. King Street, York, PA 17404
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND .
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
r t Register
Si~gna~ture of Pe/rson/aQl
Representative
Signature of Personal Representative
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File Number: oC ~ - ~ q - ~ ~ 1
Estate of CAROL L. BIXLER
Deceased
Social Security Number: 202-32-2668 Date of Death:November 12, 2009
AND NOW, I~-0 V ~ q 2Q~-, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Thomas L. Bixler, Jr. and Jane L. Bixler, as co-executors
in the above estate
and that the instrument(s) dated November 14, 2003
described in the Petition be admitted to probate and filed of record as the last
FEES
Letters ............... $ U ~ 117
Short Certificate(s) ........ $ 2.O - CX~
Renunciation(s) .......... $
~l~- ... $ IS.co
~C',9P ... $ 10.00
A~~-~r~-~rt tM .. $
... $
... $
... $
... $
... $
... $
TOTAL .............. $ I lU ~ oy 8.99
Form RW-02 rev. 10.13.06
Attorney Signature:
(and Codicil(s)) of Decedent.
Supreme Court I.D. No.: 85715
Address:
Telephone:
Stone, Duncan & Associates, PC
8 N. Baltimore Street
Dillsburg, Pa 17019
717-432-2089
Page 2 of 2
Attorney Name: Duane P. Stone
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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 15811070
Certification Number
111os1a aEV nrmos
TYPE / PaM e,
PEAAWIEar
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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 permanent filing.
~ /~ ~
Local egistrar Date Issued
COMMOIIWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT
BE IT REMEMBERED THAT
I, CAROL L. BIXLER, a resident of Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this to be my LAST
WILL and TESTAMENT, hereby revoking any and all Wills and C~ticilsr' `~?
.~ -~: '
previously made by me. =,-'~~D ~ ~;, ~,
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I declare that I am not married, my beloved husband, ~OMAS xw.,
L. BIXLER having predeceased me, and that I have two (2) children,
THOMAS L. BIXLER, JR. and JANE L. BIXLER.
II
I direct that all my just debts and funeral expenses shall be
paid from my residuary estate as soon as practicable after my
decease.
III
I direct that all taxes that may be assessed in consequence
of my death, of whatever nature and by whatever jurisdiction
imposed, shall be paid from my residuary estate as a part of the
expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or
personal, wherever situate, including any property over which I
may have a power of appointment to my children, THOMAS L. BIXLER,
JR. and JANE L. BIXLER, in equal shares.
In the event that THOMAS L. BIXLER, JR. should predecease me
or fail to survive me by thirty (30) days then his shire is to
pass to his then living issue, in equal shares, pursuant to the
terms of the hereinafter included Trust.
As of the date of the execution of this Will, my daughter,
JANE L. BIXLER, has no issue. In the event that she predeceases
me or fails to survive me by thirty (30) days leaving no issue,
then her share of my estate is to pass to my son, THOMAS L.
BIXLER, JR. If my daughter, JANE L. BIXLER, predeceases me or
fails to survive me by thirty (30) days leaving issue, then her
issue shall receive her share pursuant to the terms of the
hereinafter included trust.
V
TRUST
If my grandchildren inherit property under the terms~of this
Will and are under the-age of twenty-five (25) years, I appoint my
daughter JANE L. BIXLER as Trustee of the property of the issue of
THOMAS L. BIXLER, JR. and THOMAS L. BIXLER, JR. as Trustee of the
property of the issue of JANE L. BIXLER. The back-up Trustee in
both instances shall be my brother-in-law, RICHARD MESSNER.
A. The assets that are transferred to the Trust shall be
divided into approximately equal shares for each of my
grandchildren under the age of twenty-five (25) years of age.
B. The Trust estate shall be administered until each
grandchild reaches the age of twenty-five (25) years. Until that
time, the Trustee shall apply all net income and principal of the
Trust estate as follows:
1) So long as my grandchild is under the age
of twenty-five (25) years of age, the net
income of the Trust shall be paid to, or
applied for the benefit of my grandchild at
such times and in such amounts as the
Trustee shall in his discretion deem
necessary for his support, welfare,
maintenance and education. Education shall
be defined broadly to include not only that
available in college, but also trade school
and other similar training. In the event
that the income shall be insufficient to
provide my child with adequate maintenance,
support, welfare or education, the Trustee
may invade the principal of this Trust for
this purpose.
2) The Trustee in exercising his discretionary
authority with respect to the payment of
income or principal of the Trust Estate to
my beneficiary, shall take into
consideration any income or other resources
2
available to my grandchild from sources
outside of this Trust that may be known to
the Trustee. The determination of the
Trustee with respect to the necessity of
making payments out of income or principal
to my beneficiary shall be conclusive on
all persons howsoever interested in the
Trust.
3) The Trustee shall accumulate and add to
principal any net income of the Trust not
paid out in accordance with the discretion
hereinabove conferred on the Trustee.
4) In the event my grandchild predeceases me
or dies prior to the termination of this
Trust, the interest of my grandchild in the
Trust shall cease, except that, if he is
survived by any children, then the Trustee
shall pay net income of the Trust to or
apply the same for the benefits of such
children of my deceased grandchild, in such
amount or amounts as the Trustee in his
sole discretion may determine for support,
welfare and maintenance.
C. When my grandchild reaches the age of twenty-five (25)
years, a calculation of the property remaining in the Trust shall
be made and the total thereof shall be distributed to him or her.
D. My grandchild, as beneficiary of this Trust, shall not
have any right to alienate, encumber, or hypothecate his interest
in the principal or income of the Trust in any manner, nor shall
any interest be subject to claims of his creditors or liable to
attachment, execution or other process of law.
E. In order to carry out the purposes of this Trust
established by this Will, the Trustee, in addition to all other
powers granted by this Will, or by law, shall have the following
powers over the Trust estate, subject to any limitation specified
elsewhere in this Will:
1) To retain any property received by the
Trust estate for as long as the Trustee
considers it advisable.
2) To spend funds for the maintenance and
repair of real property.
3) To sell at public or private sale,
exchange or lease for a period of time,
any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds,
leases, assignments or other
instruments as may be necessary to
carry out the provisions of this Trust.
3
5) To borrow money and to mortgage or
pledge any real or personal property.
6) The Trustee shall maintain accurate
records and accounts and shall render
statements to my beneficiary hereunder
showing receipts and disbursements of
principal and income no less frequently
than annually. The Trustee shall serve
without bond and shall receive fair and
reasonable compensation for
administration of this Trust, not to
exceed five (5 o) percent of annual
income.
7) To distribute property in kind.
8) To do all other acts that are in his
judgment necessary or desirable for the
proper management, investment and
distribution of the Trust estate.
VI
I nominate, constitute and appoint my children, THOMAS L.
BIXLER, JR. and JANE L. BIXLER as Co-Executors of this LAST WILL,
to serve without bond. If either of my children is unable or
unwilling to act in that capacity, then the other may act alone,
to serve without bond.
IN WITNESS WHEREOF I, CAROL L. BIXLER, have set my hand to
this LAST WILL this ~~~ day of /(~~/~bQ{' 2003.
CAROL L. BIXLER
Signed, sealed, published and declared by the above-named
CAROL L. BIXLER, as and for her Last Will and Testament, in the
presence of us, who, at her request and in her presence, and in
the presence of each other, have hereunto subscribed our names as
witnesses.
/, ~
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
I, CAROL L. BIXLER, Testatrix, whose name is signed•to the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as my LAST WILL; that I signed it as my free and
voluntary act for the purposes therein expressed.
--e-~- ~ J~-d--p-c-J
CAROL L. BIXL R
Sworn or affirmed to and knowledged before me by CAROL L.
BIXLER, Testatrix, this ~~-/`~ day of ~/~'~ ~ Gam/-- , 2003.
N ary Public
AFFIDAVIT i __ ____...,._. _ .
.,, =peal
COMMONWEALTH OF PENNSYLVANIA ~'~~'~~ ~n^aJy NataryPublic
C ~~ u g Boro, Cumberland County
S S . `~ s ~~r+~~'nrsion Expires Expires Mar. 11, 2pg^u
COUNTY OF CUMBERLAND
We, ^ -/'~G6`~i /il(17~21..5 and~~I /~ h L~. ~/~i ~s~y ,
the witnesses whose names are signed to the attached or foregoing
instrument being duly qualified according to law, do depose and
say that we were present and saw Testatrix sign and execute the
instrument as her LAST WILL; that CAROL L. BIXLER signed willingly
and that she executed it as her free and voluntary act for the
purposes therein expressed; that each of us in the hearing and
sight of the Testatrix signed the Will as witnesses; and that to
the best of our knowledge, the Testatrix was at the time 18 years
of age or more, of sound mind and under no constraint or undue
influence.
_~~~~
~~.,/Zrs
Sworn or affirmed t and acknowledged bef re me
this ~//~~ day of ~~/~~-~~~~- 2003.
Not ry Public
5 _ ___
i,',_ te; riai Seal . ~ ~ ...
Anna Garrnody, Notary Public
t~9ec!ianicsburg Boro, Cumberland County
~'~ .cmmission Expires Expires Mar. 11, 200G