HomeMy WebLinkAbout01-19-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of John E. Hubley File Number ~` ~ ~~ !J ~ y`~ ~~
also known as
Deceased Social Security Number 177246939
John M. Hubley and Joseoh D. Hubley
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the eX2CUtOrS named in the
last Will of the Decedent dated 11 /5/2008 and codicil(s) dated
none
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not many, 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: n0 eXCegtIOnS
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search 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.)
Name
~
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Ef3
(COMPLETE INALL CASES:) Attach additional sheets ijnecessary. -p --~
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at ~ CharleSY
Street Shiooensbura PA 17257 Shiooensbura Borouah
(List street address, town/city, township, county, state, zip code)
Decedent, then 81 years of age, died on 1/1/2010 at Chambersburg Hospital
Chambersburg PA 17201
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ _ 1.050.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 200.000.00
621 Charles Street, Borough of Shippensburg, Cumberland County, Pennsylvania
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:
Sign a Typed or printed name and residence
John M. Hubley
2 27 F irvi w R m Hill PA 17011
Joseph Hubley
9999 McCrea Road Shi ensbur PA 17257
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 lmowledge 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 affirmedaand subscribed
before me the ~ 1 ~ day of
Janua 2010
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F e Register/
vvy•
SignatureofP rs n~,Repr~sentat a JOhn . HUbley
Signature of Per~Representat ve " Joseph D. Hubley c
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Signature of Personal Representative ~= T~t n ~""
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File Number: ~ ~ - ~V ~ ~~5~ ~ ~ ~
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Estate of John E. Hubley ,Deceased `'!
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Social Security Number:177246939 Date of Death: 1 /1 /2010
AND NOW, January ~ ~ ~ , 2010 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to John M. Hubley and Joseph D. Hubley
in the above estate
and that the instrument(s) dated November 5. 2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES ~ t,C/ U'J ~ lJ
Letters ............................. $
1
ister of Wills -r
Short Certificate(s) • • • • • • • • • • • • $ Attorney Signature:
Renunciation(s) •••••••••••••••• $
JCP fee .... $ 23.50 Attorney Name: Jo I . Zullin er
Automation fee ..,. $ 5.00 Supreme Court I.D. No.: 17516
Will ,.,. $ 15.00
,,,, $ Address: 14 North Main Street. Suite 200
"•' $ Chambersburg
.... $
.... $ PA 17201
.... $
TOTAL ............................. $
$ o Telephone: (717)264-6029
Form RW-02 rev. 10.13.06 Page 2 of 2
105.805 REV (0]/071 ~ ~ ~~~ ~~
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 16168255
Certification Number
This is to certify that the information here given i
correctly copied from an original Certificate of Deat
duly filed with me as Local Registrar. The origin
t certificate will be forwarded to the State Vita
Re~s~ffice fo~-i~errr~anent fill-ng.
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
H105~143 REV 11/1006
TYPE /PRIM IN
PERMANENT
BIACK INN
STATE FILE NUMBER
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1. Name d DeadeM (Fzd, middle, hut, culhx) 2. Sex 3. Sabi Secur3y Number 4. Date d Death (Month, day, year)
Dr. John E. Hubley Male 177 - 24 -6939 January 1, 2010
5. Ape (WI Bknday) Under i lAzbr 1 8. Deb d Bits r) 7. ~ and aWe a caaery) 4. Pbo d Deets (Crud ady one)
stores Deya llo,xe 1Ax4es HOSpdel: Other.
81 rre. 6-6-28 Shippensburg, PA ®lrqutlem ^ER/OulpatbM ^WA ^Nadng Name ^Residence pother. Spedty:
• 86. Coady d Death &. City. 8om, Twp. d Owlh 8tl. FxNry Noma (n not Inaldulion.9ira stmt erd nrMer) 9. Wes Decedent d Hbpank Origin? ~ No ^ Yes 10. Rea: Ammon kWbn, Bbd, While, dc.
(h Sae, specify Cuban, (SPeaM
Franklin ChaIDbersburg Chambersburg Hospital Mezicen,PuarloRkan,elc.) White
11. Decetlem's Ueud ion KkM d wale d au mat d fib. Do rd deb retred 12. Ww Daadem ever in the 13. DeatlaM'e Eduatbn (Seedy sly hiplud prods aznp bletl) 11. Markel 3bla: Wrrbd, Never Married, 15. Survivirp Siz wee (H wile. give makbn tame)
Kkd d Woe Kk41 d Bueireu I IMo6y U.S. AmrM Forces? Ebmenlary / SeorMary (012) Cokegs (7-I a Sr) Wkfowed, D'noratl (Spealy)
Executive Vice Pres University ^vw ®Na 12 years 5+ married Jane Lesher
16. DnadaM's Mafikp Addrew (Sted, Cdy/tam, arms, zip cede) DeaGM's PA Did Deatlent
,"^Yec,Wadad Uradm Twp.
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621 Charles Street p?
17D.Carmr Cumberland 17d.®De ~nl
Lxetlwnhn Shippensburg
Shi nebur PA 17257 d
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1B. Fa1Mr'a Name (Fled, mitlde, bat, euna) 19. MoMers Name (fled, nadde, maiden surname)
Oscar M. Hubley Lena Botterbuech
20e. Irlbnwnlt Nana (Type /Print) 20b. hlbnneM's Mailbp Adtlrsas (Sired, dY /lam, stele. zp cede)
Jane G. Hubley 621 Charles Street, Shippensburg, PA 17257
21a. M
dlwtl d Dlepeenion ^ Crametbn ^ Dondion 21b. Dab d Diepagbn IMeMh, day, ywr) 21o Plea d DbpaiOai (Name d canelerY, aemelory a ether ghat 21d. locdbn (Cdy Mown, swe, zip cede)
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®Iyp ~~~ ^ R.n,aattmmsn. I a „In.°oi°N°)cor Aa.n~°d^r.6^nro
^ other seedy 1-8-10 Spring Hill Cemetery Shippensburg, PA 17257
22a. Sgndue d (a penan acyq w each) 226. tkerroe NaMer 22c. Name dM Addess d Fadny
~ ~. FD-012984-L Fogelsanger-Bricker Funeral Home Inc., Shippensburg, PA 17257
Ccngble Items 23at only when aniykp 23a To 9u Dad d my blowMtlge, dedh occured d the nnu, dde and Pba subd (Sipuure end wb) 23b. Licerue Number 23c. Dale SgruO (MOnN, day, year)
prryekian's not avenebb d tlme d dwdi b
shay sues d dwth.
Ibms 2126 ntud be canpbted Dy parse 24. Tna d Death 25. Dole Pronounced Deed (Mats. day. year) 28. Was Case Referred to Mediml Exaimer / Corner la a Reason Oaur then Cremdion or Dowaon?
who pralanas death. 12:08 pM. January 1 , 2010 ^Y~ ~1Na
CAUSE OF DEATH (Sea instructfona srW aumpbs) , Apprwbub intend: Pen II: EMa other ' 23. Did Tabxa Uw Colnhule to Deeb?
Item 27. Pan I: Enter 9re fba14d91BWa-drowses, iryaias, a pz1lplKdbrro -Mel decay eased hie droN. !b NOT ether temlkml eYeree each w tarmac artesl, r Orwel b Dwih bd not resuhinp o dre tazknykq ease gHen in Pan I. ^ Yw ^ PmbaNy
rwpudY erred, a vemdaAer fibrfibdan widad stwwkip 9re didopy. lW ally one ease on each No. r
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Due b (a w e consequence oq: i ^ Nd gegrmnt, M pregwM 43 dayb b 1 ywr
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30a. Ww w Aukpsy 30b. Were Auryuy FhMhlgs 31. Mahar d Death 329. Dde d Irryexy (Mash, day, year) 326. Deacwe How lipury Ocaned 32c. Plea d k„ury: Home, Ferm, Street, Factory,
Performed? Available Pna u Compblbn
Natural ^ Haddde Onice 8uedng, etc. (SpedyyJ
d Cause d Dwm? ~
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~ ^ Acddenl ^ Pentlap Imed4alion 32d. ime d Injury 32e. bjury al Wale? 321. H Tratupaution Injury (6pedy)
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TotheOeetdmykmwkdge, meant Oauned dueuNe auee(s)and tanrrerwrmed.________________________________
• Pronanchtg errd aNylnp phyekbn (Phyeiclnn bdh pratoua:kg dradh eM cerfnydig b auw d tlealh)
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• kbdicd Examiner I Cororwr , 1 ~ ~ ~ ^ /
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On the basis d ezaminstion and I a Irnestipolon, fn my opinio death ocomed d the tore, dale, aru place, end der u the oase(s) mtl manner as ebtetl_ ^ ~ Name and Aakess d Paso, Wiw Completed Cause d DeaM (hem 27I Type /Print
' Nowokere Esemuede, M.D.
s5 a dnclNUmher - I ~ I , I a I ' ' ~
Regidrar 36.DauFietl(Mmm,tla~ea~ 757 Norland Ave. , Chambersburg, PA 17201
' DisposnionPermeNO. 0436219
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JRZ - 5.1 hubley.l September 18, 2G0~8
LAST WILL AND TESTAMENT
I, John E. Hubley, of 621 Charles Street, Shippensburg,
Cumberland County, Pennsylvania, being of sound and disposing mind,
memory and understanding, do hereby declare this to be my will,
c> a
hereby revoking any and all former wills and codicils thto b~me ~ , ~,
rzi -- '
heretofore made . ,='?~m c. , , ;_,
I.
v
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of my estate.
II.
'~•"
In the event my wife, Jane G. Hubley, is living at the time of
my death and we are residing together as husband and wife at the
time of my death, she shall have the right to reside in my real
estate located at 621 Charles Street, Shippensburg, Cumberland
County, Pennsylvania, for and during the term of her natural life,
subject, however, to immediate termination of this life interest
upon her remarriage or cohabitation with a member of the opposite
sex. While my wife resides in my property, she shall be
responsible for the payment of the cost of snow removal, lawn
maintenance, and all utilities. Upon the death of my wife or if
she permanently discontinues residence in my property, her life
interest shall be terminated. My wife shall not be permitted to
sublet the property. At any time upon the termination of my wife's
life interest for any reason, my property shall be sold and the
proceeds divided in accordance with the provisions of this will
concerning the residue of my estate.
III.
I give the sum of $200,000.00 cash to my sons, John M. Hubley
and Joseph D. Hubley, IN TRUST, NEVERTHELESS, for the following
uses and purposes:
A. To expend so much of the principal and income as my
trustees in their sole discretion deem appropriate for
~~p' repairs and maintenance of my real estate at 621 Charles
"V
Street, Shippensburg, Pennsylvania, as well as the
payment of the cost of homeowners' insurance, real estate
taxes and heating the home during the term of the life
interest in said real estate for my wife, Jane G. Hubley,
as defined herein.
B. At the termination of the life interest, this trust shall
terminate and the remaining principal and income shall be
distributed under the terms of paragraph IV hereunder.
Page 2
IV.
I give, devise and bequeath the residue of my estate of every
nature and wherever situate to my children, John M. Hubley and
Joseph D. Hubley, in equal shares, provided that the share of any
child who predeceases me or dies on or before the thirtieth day
following my death shall be distributed to my other child.
V.
Any fiduciary under this will shall have the following powers
in addition to those vested in them by law and by other provisions
of my will applicable to all property whether principal or income,
including property held for minors, exercisable without Court
approval, and effective until actual distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal, without regard to any principle of
vv diversification of risk.
B. To invest in all forms of property including stock,
common trust funds and mortgage investment funds without
restriction to investments authorized for Pennsylvania
fiduciaries as they deem proper, without regard to any
principle of diversification of risk.
C. To sell at public or private sale, to exchange or to
lease for any period of time any real or personal
property and to give options for sales, exchanges or
Page 3
leases, for such prices and upon such terms or conditions
as they deem proper.
D. To allocate receipts and expenses to principal or income
or partly to each as they from time to time think proper.
E. To compromise any claim or controversy.
F. To distribute in cash or in kind or partly in each.
G. To hold property in their names without designation of
any fiduciary capacity or in the name of a nominee or
unregistered.
v2.
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.
"V
VII.
I appoint my sons, John M. Hubley and Joseph D. Hubley, as
co-executors of this my will.
VIII.
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
Page 4
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of six typewritten pages, the
first four of which bear my signature in the margin for the purpose
of identification this .~--" "flay of /~ 2 po
( SEAL )
Signed, sealed, published and declared by the above-named
testator as and for his last will and testament in our presence,
who in his presence, at his request and in the presence of each
other have hereunto set our hands as attesting witnesses.
L ~/ i
l0/Dy~~v ~T~. Q~r~s~,~,
We, John E. Hubley, I~UQ~ ~ ~[-c~l'i?,~i' and
~~Q L~/~Qi~QV the testator and the witnesses respectively,
whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as
his last will and testament and that he executed it as his free and
voluntary act for the purposes therein expressed and that each of
the witnesses, in the presence and hearing of the said testator
signed the will as witnesses and to the best of their knowledge
said signer was at that time eighteen years of age or older, of
Page 5
sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed and sworn to before:T~'y the
above-nam witnesses this ,~ of
Notary Public
Notarial Seal
Carin L. Walter, Notary Public
Chambersburg Boro, Franklin County
My Commission Expires May 13, 2009
Page 6