HomeMy WebLinkAbout02-0784PETITION FOR PROBATE and GRANT OF LETTERS
Estate of JAMES BELL No. a-~ ^ a L ~ ~ ~~
also known as To: Register of Wills for
JAMES L BELL Cumberland County,
Deceased. Pennsylvania
Social Security No. 195-16-4306
The Petition of the undersigned respectfully represents that:
Your Petitioner, who is 18 years of age or older and the Executrix named in the Last Will and
Testament of the above decedent, dated December 15, 1998.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his principal residence
at Church of God Home, 801 North Hanover Street, Room 410, North Middleton Township, Carlisle,
Cumberland County, Pennsylvania.
Decedent, then 76 years of age, died August 5, 2002, at Carlisle Regional Medical Center, Carlisle,
Borough of Carlisle, Cumberland County, 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 of a killing and was never adjudicated
incompetent: N/A.
Decedent at death owned property with estimated values as follows:
(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:
$ `_
$ 1,000.00 _
WHEREFORE, Petitionerrespectfullyrequests the probate ofthe Last Will and Testamentpresented
herewith and the grant of letters TESTAMENTARY thereon.
Helen A. Bell
Church of God Home, Room 410
801 North Hanover Street,
Carlisle, Pennsylvania 17013
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF CUMBERLAND
The Petitioner above-named swears or affirms that the statements in the foregoing petition are true
and correct to the best of the lciowledge and belief of Petitioner and that as personal representative of the
above decedent I'et,itioner will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this 30th day of
AUGUST , 20,j02 ,,., / ~y
~~ ~ , ~~
Helen A. Bell
Register _ ~
~ 1-ss=~ ~
NO. 21-02-784
Estate of James Bell, a/k/a James I. Bell, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW AUGUST 30, , 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 December 15, 1998 described therein be admitted to
probate and filed of record as the last will of JAMES BELL, A/K/A JAMES I. BELL; and Letters
Testamentary are hereby granted to Helen A. Bell.
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Register of wills
FEES
Probate, Letters, Etc............ $ 18.00
Short Certificate(s) .....7....... $ 21.00
~.•E~~RA••PGS••5 $ 15.00
TOTAL $ 59.00
Filed....AUGUST 30, 2002
............................................
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Michael J. Hanft, Es~ire
Attorney I.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17103-9142
(717} 249-5373
LETTERS PUT IN ATTORNEYS FILE IN PRO. OFFICE, 8/30/02
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la'~rn7anon Mere given ~s correct[v copied From aa~ orl~i!~a tc?rd(
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COMMONW EALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VfTAI RECORDS
CERTIFICATE OF DEATH
NAME OF DECEDENT IFn9. Made, Last y ~ F ~ +~ SEK SCGIAL SECVRITY NUMBER DATE OF DEATH,MCrnn. Der. Nary 1
,. James Bell :Male ~. 195 - 16 - 4306 •• Aug. 5, 2002
AGE (US B+maa~ UNDER I YEAR UNDER 1 DAY DATE OG BIRTH BIFLTHPI,ACE IGry and PLACE OF DEATH ICne cw nnrv yy- ree,nauupora on peer coat
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DECEDEM'S USUAL OCCUPQION KIND Oi BUSINESS/INDU57RY NNS DECEDENT EVER rN OECEDEM'S EDUCATION MARRAL STATVS~Marrrd SURVIVttaG SPOUSE
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LAST WILL AND TESTAMENT
OF
21-02-0784
JAMES I. BELL
SAIDIS,
SHUFF &
MASLAND
ATTORNEYS•AT•LAW
2109 Market Street
Camp Hill, PA
I, JAMES I. BELL, of Camp Hill, Cumberland ~~ounty,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby make, publish and declare this as and for
my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST
I direct the payment of my just debts and expenses of my last
illness and funeral from my estate as soon after my death as
conveniently may be done. If there is no cemetery lot available
for my interment owned by me at the time of my death, I authorize
my personal representative to purchase such cemetery lot with a
contract for perpetual care, using funds from my estate ire such
amount as my personal representative shall consider necessary and
desirable, and I authorize my personal representative to cause
title to or ownership of such lot so purchased to be vested ir.~such
person as my personal representative shall designate.
Further, I authorize my personal representative to expend
funds from my estate, in such amount as my personal representative
shall consider necessary and desirable for the purchase, erection
and inscription of a suitable marker for my grave.
1
SECOND
I give, devise and bequeath all the rest, residue and
remainder of my estate to my beloved wife, HELEN A. BELL,
absolutely and in fee simple if she survives me by thirty (30)
days.
THIRD
In the event that my wife, HELEN A. BELL, fails to survive me
by thirty (30) days, then I give, devise and bequeath all the rest,
residue and remainder of my estate equally to my son, DENNIS J.
BELL, and my daughter, TERI L. HETTLER, if they survive me.
However, if either one of them does not survive me, then ~~ give,
devise and bequeath all the rest, residue and remainder of my
estate to my surviving son or daughter.
FOURTH
I direct that any and all inheritance, estate, and transfer
taxes imposed upon my estate passing under this Will or otherwise
shall be paid out of the principal of my residuary estate.
FIFTH
SAIDIS,
SHUFF &
MASLAND
A71'ORNEYS•AT•I.AW
2109 Market Street
Camp Hill, PA
In addition to the powers conferred by law, I authorize any
guardian, executor or executrix acting under this instrument, in
any such fiduciary's absolute discretion:
A. To retain any investments I own at my death and to
invest in all forms of real and personal property, without being
confined to investments authorized by a statutory list, without
2
being required to diversify and regardless of any principle of law
limiting delegation of investment responsibility by any such
fiduciary;
B. To compromise claims and to abandon any property
which, in any such fiduciary's opinion, is of little or no value;
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 or leases;
D. To join in any merger, reorganization, voting-trust
plan or other concerted action of security holders, and to delegate
discretionary duties with respect thereto;
E. To borrow from anyone, even if the lender is a
fiduciary hereunder, and to pledge property as security for repay-
ment of the funds borrowed;
F. To make loans to, and to buy property from, my
SAIDIS,
SHUFF &
MASLAND
ATTORNEYS•AT•IAW
2109 Market Street
Camp Hill, PA
spouse's executor or administrator;
G. To employ and to rely upon advice given by investment
counsel, to delegate discretionary authority to make changes in
investments to investment counsel, and to pay investment counsel
reasonable compensation in addition to any fees otherwise payable
to any such fiduciary;
H. To employ a custodian, to hold property unregistered
or in the name of a nominee (including the nominee of: any
institution employed as custodian), and to pay reasonable
compensation to the custodian in addition to any fees otherwise
payable to any such fiduciary;
I. To hold two or more accounts hereunder as a combined
3
fund (allocating ratably to such accounts all receipts from, and
expenses of, the combined fund) for convenience in investment and
administration; provided that any combination of accounts for this
purpose shall not alter their status as separate accounts;
J. To distribute in cash or in kind;
K. To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by any such
fiduciary for as long a period or periods of time and on such terms
as such fiduciary may determine and to adjust, settle and ark>itrate
claims or demands in favor or against them; and
L. To exercise all elections which any such fiduciary
.may have with respect to income, gift, estate, inheritance and
Mother taxes, including without limitation, execution of joint
income tax returns, election to deduct expenses in computing one
tax or another, election to split gifts and election to pay or to
defer payment of any tax in all events without any such fiduciary
being bound to require contribution from any other person.
SIXTH
I do hereby nominate, constitute and appoint my wife, HELEN A.
SAIDIS,
SHUFF &
MA5LAND
ATTORNEYS•AT•I.AW
2109 Market Street
Camp Hill, PA
BELL, to act as Executrix, of this my Last Will and Testament.
However, if she is unwilling or unable to act as Executrix, I
direct the duties of Executrix, to be performed by my daughter,
ITERI L. HETTLER.
SEVENTH
I direct that no personal representative, guardian, trustee or
4
other fiduciary appointed under this instrument shall be required
to give bond for the faithful performance of any such fiduciary's
duties in any jurisdiction.
IN WITNESS WHEREOF, I, JAMES I. BELL, have hereunto set my
h-a-n°d and seal to this my Last Will and Testament, this j'~~~day of
.GYM -~ ~_ ~..~'~`"-
JAMES I. BELL
Signed, sealed, published and declared by the above-named
Testator, JAMES I. BELL, as and for his Last Will and Testament in
the presence of us, who have hereunto subscribed our names ~at his
request as witnesses thereto, in the presence of said Testator and
ADDRESS ~~[ ~ ~C ~- U~~,
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ADDRESS C~~'_~.~`7,,7 .C" ~.__. ~._ .
SAIDIS,
SHUFF &
MASLAND
ATTORNEYS•AT•LAW
2104 Market Street
Camp Hill, PA
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
WE, the undersigned, the Testator, and the witnesses,
5
Hof each other.
irespectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
authority that the Testator signed and executed the instrument as
This Last Will and Testament and that he signed willingly (or
willingly directed another to sign for him), and that he executed
it as his free will and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the preser.~ce and
hearing of the Testator signed the will as witnesses and ghat to
the best of their knowledge the Testator was at that time eighteen
years of age or older, of sound mind, and under no constraint or
(undue influence.
JAMES I. BELL „
W~.`tness
~ s
Witness
SAIDIS,
SHUFF &
MASLAND
ATTOItNEYS•AT•LAW
2109 Market Street
Camp Hill, PA
Subscribed, sworn to and acknowledged before me by the Testator
and subscribed and sworn to before me by both witnesses, this
/~~'~, day of ,eL ~,yt~jQ~' 1998 .
No
6 Shelby L. YingMoJ, Npt~ry Ku
Camp Hill Boro. Cumbe~rand C~
My Commission F_xpires April 8,
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F:AUser FolderlFirm Docs\Estates\2833-Icen.wpd
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: JAMES BELL, A/K!A JAMES I. BELL
Date of Death: August 5, 2002
Will No. 21-02-0784
To the Register:
I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules
was served on or mailed to the following beneficiaries of the above-captioned estate on December
11, 2002:
Name Address
Helen A. Bell c/o Church of God Home, 801 N. Hanover Street,
Carlisle, Pennsylvania 17013
Teri L. Poe 613 East 13th Street, Mountain Home, Arizona 72653
Dennis J. Bell 306 Shady Lane #120, El Cajon, California 92021
Notice has not been given to all persons entitled thereto under Rule 5.6(a) except: NIA
HANFT & KNIGHT, P. C.
Date: December 13, 2002
~i~CT /A IJ-,~a.
Michael J. Hanft, Esc}i'tire
Attorney LD. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
Telephone (717) 249-5373
Capacity: Counsel forpersonal representative
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OFFICIAL USE ONLY
REV -1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF ~UE
DEPT. 280801
HARRIS8URG, PA 17128-0601
FILE NUMBER
21
COUNTY COOE
02
YEAR
00784
NUMBER
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DECEDENrs NAME (LAST, FIRST, AND MIDDLE INITIAl)
Bell, James I.
SOCIAL SECURITY NUMBER
195-16-4306
DATE OF DEATH (MM-DO-YEAR)
DATE OF BIRTH (MM-DD-YEAR)
THIS RETURN MUST BE FILED IN DUPUCATE WITH THE
08/05/2002
06/30/1926
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FiRST AND MIDDLE INITIAL)
Bell, Helen A.
181 1. Original Return
o 4. Limited Estate
181 6.
09.
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o 2. Supplemental Return
o 4a. Future Interest Compromise (date of death after
12-12-82)
o 7. Decedent Maintained a Living Trust (Attach
copy of TtlJSt)
o 10. Spousal Poverty Credit (date of death between
1-91 and 1.1.95
i'HISS~CTIQNMl.iSTBECOMP!-ETED:'I\I.UCCRRESeQNDEN.CE:t.il()'l:jCNIQENrlAciff ... !NFORMA 'ON1sHCU'tO'IlE OIRECTED. 'C:Li M,~jj!
ME COMPLETE MAILING ADDRESS
Michael J. Hanft, Esquire
IRM NAME (If applicable)
Hanft & Knight, P.C.
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3. Remainder Retum (date of death prior to 12-13-82)
5. Federal Estate Tax Return Required
Decedent Died Testate (Attach copy
of Will) .
Litigation Proceeds Received
8. Total Number of Safe Deposit Boxes
o 11.Election to tax under Sec. 9113(A) (Attach SchO)
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
ELEPHONE NUMBER
717/249-5373
1. Real Estate (SeIledule A)
(1)
OFFICIAL USE ONLY
None
None
None
None
166,341.02
None
None
(8)
8,676.94
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
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5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
D Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
.
(5)
(6)
(7)
166,341.02
(g)
(10)
11. Total Deductions (total Lines 9 & 10)
(11)
8,676.94
157,664.08
12. Net Value of Estate (Line 8 minus Line 11)
(12)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(13)
(14)
157,664.08
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15.Amount of Line 14 taxable at the spousal tax rate, 157,664.08 x .00 (15)
or transfers under Sec. 9116(a)(1.2)
z .045 (16)
~ 16.Amount of Line 14 taxable at lineal rate x
~ 17.Amount of Line 14 taxable at sibling rate x .12 (17)
'"
0
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~ 18. Amount of Line 14 taxable at collateral rate x .15 (18)
19. Tax Due (19)
0.00
0.00
20. 0
y\m_i~~IIIlIIIlIIIl~~eill!JRErrQ~W~"1il;'-"'!U~I.l!:!~i9tliR"mm;~q~~~~~
CHECK HERE!F YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Copyright 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
Church of God Home
801 North Hanover Street
CITY
Carlisle
ISTATE PA
I ZIP 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
Total Credits (A + 8 + C)
3. Interest/Penalty if applk;able
D. Interest
E. Penaity
TotallnteresUPenalty (D + E)
4. If Line 2 is greater than Line 1 + Une 3, enter the difference. This Is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
8. Enter the total of Line 5 + SA. This is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
(1)
0.00
(2)
0.00
(3) 0.00
(4)
(5) 0.00
(5A)
(58) 0.00
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and:
a. retain the use or income of the property transferred;..................................................................................
b. retain the right to designate who shall use the property transferred or its income;....................................
c. retain a reversionary interest; or.,..."...................,."....................................................................................
d. receive the promise for life of either payments, benefits or care?.............................................................
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?.. ,....................................................................................................................
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?.........
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ......................................................................................................................
Yes No
~ I
o 181
o 181
o ..181
~
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Church of God Home
801 North Hanover Street
Carlisle, PA 17013
Under penalties of perjury. I declare lhat I have examined this return, induding accompanyir.g schedules and statements. and to the best of my knowledge and belief. it is true, COfTElCt
and complete, Declaliltion of
preparer other than the personal representative is based on all information of vmlch preparer has any knONleclge.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ADDRESS
Helen A. Bell .r;.,,, ~
SIGNATURE OF RSON RESPONSIBLE FOR FILING RETURN
ADDRESS
DATE
9-(0 -03
DATE
ADDRESS
DATE
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
q- (0-43
For dates of death on or after July 1 t 1994 and before January 1 t 1995. the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.S. ~9116 (a) (1.1) (i)l.
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. S9116 (a) (1.1) (ii)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure
of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural
parent. an adoptive parent. or a stepparent of the child is 0% [72 P.S. S9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedenfs lineal beneficiaries is 4.5%, except as noted in 72 P.S. S9116
1.2) [72 P.S. ~9116 (a) (1 )1.
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. S9116 (a) (1.3)1. A sibling Is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
*'
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANt4
INHatlTANCe TAX RETtJRN
REsceHi DECEDENT
ESTATE OF
Bell, James 1.
I FILE NUMBER
21 - 02 - 00784
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorshIp must be disclosed on schedule F.
ITEM DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
I Citizens Bank Che",king Account No. 6100653110 26,718.02
2 1990 Oldsmobile VIN 1G3WSS4TlLD28551O 500.00
3 The Income Fund of America Mutual Fund Account No. 59561433 73,287.00
4 Delaware Tax-Free PA Mutual Fund Account No. 00715077558412 16,023.00
5 B.M.A. Fixed Annuity Contract No. 40089023 17,037.00
6 Mass Mutual Life Immediate Annuity Contract No. T-29,443 16,233.00
7 American Investors Life Fixed Annuity Contract No. 325028 16,543.00
.
TOTAL (Also enter on Line 5, Recapitulation)
166,341.02
*'
SCHEDULEH
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMON~lMOFPENN$'r'LVANlA
INHERITANCe TAX RETURN
RESIDeNT DeCEDENT
ESTATE OF
Bell, James I.
I FILE NUMBER
21 - 02 - 00784
Debts of decedent must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
NUMBER
A. FUNERAL EXPENSES:
I Hoffman -Roth Funeral Home, Inc. 7,402.60
"-
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Social Security Number(s) I EIN Number of Personal Representative(s):
Street Address
City State - Zip
Year(s) Commission paid
2. Artomey's Fees to Hanft & Knight, P.C. 1,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant ~ .
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees to Cumberland County Register of Wills 59.00
5. Accountant's Fees
6. Tax Retum Preparer's Fees
7. Other Administrative Costs
I The Sentinel Advertising Fee 135.92
2 Fee for Certified Letter to Department of Public Welfare 4.42
Total of Continuation Schedule(s) 75.00
TOTAL (Also enter on line 9, Recapitulation) 8,676.94
*'
SchedUe H
Fln!I'aI Expens e. &
Ad1lirMcdiveCosts~
COMMONWEALTH OF PENNSYL.VANIA
INHeRITANCE TAX RETURN
RESIOENT DECEOENT
ESTATE OF
Bell, James 1.
I FILE NUMBER
21 - 02 - 00784
3
Cumberland Law Journal Advertising Fee
75.00
"
~
Page 2 of Schedule H
REV.1513 EX+ (1.00)
.
SCHEDULE J
BENEFICIARIES
COMMONlNEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Bell, James 1.
I FILE NUMBER
21 - 02 - 00784
RELATIONSHIP TO AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY "_ ~e.~EDENT OF ESTATE
I. TAXABLE DISTRIBUTIONS (include outnght spousal distributions)
1 Helen 1. Bell wife 100% residue of estate
Church of God Home
80 I North Hanover Street
Carlisle, Pennsylvania 17013
"-
Enter dollar amounts for distributions shown above on lines 15 through 18, as ap~roprlate. on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT
BEING MADE
- ~
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
.,..~ --
".'~ Q'
SAIDIS,
SHUFF &
MASLAND
ATI'DRNF.W_AT_UW
2109 Market Street
C.mp Hili. PA
.
'.'
~ .
''l; .~;.
',;:',."<,:
LAST WILL AND TESTAMENT
~02-784
~ @t@JP
OF
JAMES I. BELL
Ix JAMES 1. BELL, of Camp Hill, Cumberland County,
"
Pennsylvania, being of sound and disposing mind, memory and
understanding,.do hereby make, publish and declare this as and for
my Last will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST
I direct the payment of my just debts and expenses of my last
illness and funeral from my estate as soon after my death as
conveniently may be done.
If there is no cemetery lot available
for my interment owned by me at the time of my death, I authorize
my personal representative to purchase such cemetery lot with a
- "
contract for perpetual care, using funds from my estate in such
amount as my personal representative shall consider necessary and
.-
desirable,
~".'4
and I authorize my personal representative'to cause
title to or ownership of such lot so purchased to be vested in such
person as my personal representative shall designate.
Further, I authorize my personal representative to expend
shall
~. ..'...
funds from my
and inscription of a suitable marker for my
1
~---:--;-~--
--.
SAIDlS.
SHUFF &
MASLAND.
ATJ'DItNEYSeAT.lAW
2109 Market 'Street
C1mp HIIJ,PA .
.
'.'
~ .
SECOND
I give, devise and bequeath all the rest, residue and
remainder of my estate to my beloved wife, HELEN A. BELL,
absolutely and in fee simple if she survives me by thirty (30)
days.
<"
THIRD
In the event that my wife, HELEN A. BELL, fails to survive me
by thirty (30) days, then I give, devise and bequeath all the rest,
residue and remainder of my estate equally to my son, DENNIS J.
BELL, and my daughter, TERI L. HETTLER, if they survive me.
However, if either one of them does not survive me, then I give,
devise and bequeath all the rest, residue and remainder of my
estate to my surviving son or daughter.
FOURTH
I direct that any and all inheritance, estate, and transfer
.... ....
taxes imposed upon my estate passing under this Will or otherwise
shall be paid out of the principal of my residuary estate.
.-
~"'-"1
FIFTH
In addition to the powers conferred by law, I authorize any
guardian, executor or executrix acting under this instrument, in
any such
fiduciary's absolute discretion: .
-'~' '~. "{;~':<~'~":'>-::<':f--':'.
A. To retain ~a,ny investments ,I, own
~ '. , . ~~~: J ., '~i:>: :~.
,'-",.
,;. '" > J~:;'.-~;:;:;
"".'
invest in all forms of real and personal property,.
confined to investments authorized by a statutory list,
2
."--~-----' --.' -'..-
""
SAlOIS,
iHUFF &
MASLAND
A11'ORNEVSooAT-rAW
2109 Market Street
Comp Hill, P ^
.,'
being required to diversify and regardless of any principle of law
limiting delegation of investment responsibility by any such
fiduciary;
B, To compromise claims and to abandon any property
which, in any such fiduciary's opinion, is of little or no value;
, 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 or leases;
D. To join in any merger, reorganization, voting-trust
plan or other concerted action of security holders, and to delegate
discretionary duties with respect thereto;
E, To borrow from anyone, even if the lender is 'a
fiduciary hereunder, and to pledge property as security for repay-
ment of the funds borrowed;
F, To make loans to, and to buy property from, my
spouse's executor or administrator;
G. To employ and to rely upon advice given by investment
~
- ,
counsel, to delegate discretionary authority to make changes in
investments to investment counsel, and to pay investment counsel
._:;..;.....
reasonable compensation in addition to any fees otherwise payable
to any such fiduciary;
H. To employ a custodian, to hold property unregistered
or in the name of a nominee (including the nominee of any
institution employed as custodian), '.' all.d, to pay reason;;l.b~e_ ~
compensation to the custodian in add:~~id~:>'to any feesg{~~fll
payable to any such fiduciary ;;'&.~;;;'Ji~~~
~~--....:-,,: ~'.~:: ~~
I. To hold t~lO or more accounts hereunder as a conib:ined" ~.
~ "<- ~:....,?- ...~:.: .,:,.
3
".
~
.,.,
SAlOIS,
SHUFF &
MASLAND
ATTORNEYS-At-lAW
2109 Market Street
C1mp Hili. PA
,
"
'" ,
fund (allocating ratably to such accounts all receipts from, and
expenses of, the combined fund) for convenience in investment and
administration; provided that any combination of accounts for this
purpose shall not alter their status,as separate accounts;
J. To distribute in cash or in kind;
K. To renew or extend the time
for payment of any"
"",
,
obligation, secured or unsecured, payable
to or by any such
fiduciary for as long a period or periods of time and on such terms
as such fiduciary may determine and to adjust, settle and arbitrate
claims or demands in favor or against them; and
L. To exercise all elections which any such fiduciary
may have with respect to income, gift, estate, inheritance arid
other taxes, including without limitation, execution of joint
income tax returns, election to deduct expenses in computing one
tax or another, election to split gifts and election to payor to
defer payment of any tax in all events without any such fiduciary
being bound to require contribution from any other person.
~
~
..
SIXTH
,-
..."......
I 'do hereby nominate, constitute and appoint my wife, 'HELEN A.
BELL, to act as Executrix, of this my Last will and Testament.
However, if she is unwilling or unable to act as Executrix, I
direct the duties of Executrix, to be performed by my daughter,
TERI L, HETTLER.
~"
J
SEVENTH
I direct that no personal representative, guardian, trustee or
4
SAIDIS,
>HUFF &
MAS LAND
ATTORNEYS-AT-lAW
2109 Market Street:
Camp Hill. PA
. .
'. .
other fiduciary appointed under this instrument shall be required
to give bond for the faithful performance of any such fiduciary's
duties in any jurisdiction.
IN WITNESS WHEREOF, I, JAMES I. BELL, have
hereunto set my
J .:;:/J.-,
this ~ day of
hand and seal to this my Last will and Testament,
--U~'<n~ 1'\ ,1998.
~.-JY.~.
JAMES I. BELL
Signed, sealed, published and declared by the above-named
Testator, JAMES I. BELL, as and for his Last Will and Testament in
the presence of us, who have hereunto subscribed our names at his
request as witnesses thereto, in the presence of said Testator and
of each other.
ADDRESS (' f+/i\P {\- \ (. \...- r A .
..
ADDRESS
rY }/J!L '''{If)
\!:.--6j::J,' /' a.... ,
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY
CUMBERLAND
OF
WE, the undersigned, the Testator, and .the witnesses,
5
--._-~-- - ---"-'--"-'~' --.----
.~ '.
SAlOIS,
SHUFF &
MAS LAND
ATrORNEYS-AT-UW
2 t 09 Market Street
Camp Hili. PA
respectively, whose names are signed to the 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 signed willingly (or
willingly directed another to sign for him), and that he executed
it as Qis free will and voluntary act for the purposes therein
"
expressed, and that each of the witnesses, in the presence and
hearing of the ~estator signed the will as witnesses and that to
the best of their knowledge the Testator was at that time eighteen
years of age or older, of sound mind, and under no constraint or
undue influence.
~~.~'
JAMES I. BELL
,~
/jb~1 (l, /:3d~~
Witness
~
.-
;,.....'!'
Subscribed, sworn to and acknowledged before me by the Testator
and subscribed and sworn to before me
/.5'11. day of I!J'J~A
by both witnesses,
this
, 1998.
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 7/08/2004
HANFT MICHAEL J
19 BROOKWOOD AVENUE
SUITE 106
CARLISLE, PA 17013
RE: Estate of BELL JAMES
File Number: 2002-00784
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 abo~e 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: 8/05/2004
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
CC:
File
Personal Representative(s)
Judge
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 7/08/2004
BELL HELEN A
CHURCH OF GOD HOME
801 NORTH HANOVER ST, ROOM 410
CARLISLE, PA 17013
RE: Estate of BELL JAMES
File Number: 2002-00784
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: 8/05/2004
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
GLEN-DA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Counsel
Judge
Name of Decedent:
Date of Death:
Admin. No.
ORPHANS' COURT DIVISION OF THE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STATUS REPORT UNDER RULE 6.12
JAMES BELL, a/k/a JAMES I. BELL
August 5, 2002
21 02-0784
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
State whether administration of the estate is complete:
Yes X No
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
is:
Yes
ao
Did the personal representative file a final account with the Court? Yes No X
The separate Orphans' Court No. (if any) for the personal representative's account
c. Did the personal representative state an account informally to the parties in interest?
X No
d. Copies of receipts, releases, j oinders and approvals of formal or informal accounts
may be filed with the Clerk of the Orphans' Court and may be attached to this report.
Date: July 19, 2004
Respectfully submitted,
HANFT & KNIGHT, P.C.
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Counsel for personal representatives
F:\User Foldc~Firm Docs~Estatcs~2833-1status.rpLwpd
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
IN THE OFFICE OF THE REGISTER OF WILLS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
INRE: ESTATE OF JAMES I. BELL : NO.
DECEASED.
PETITION TO REVOKE LETTERS
AND NOW COMES, HELEN A. BELL, Petitioner, and states in support
of her Petition the following:
WHEREAS, Letters Testamentary were granted to the Petitioner on
,~ ~,_- ~ 0 / ~)2.--- inthe Estate of James I. Bell; and
WHEREAS, Petitioner has renounced her rigb,tr.to continue as Executrix
and ~i;! '
WHEREAS, the Will of the said James I. Bell, Decee~'-bd, nominates and
appoints my daughter, TERI LYNNE POE, as successor. ~
NOW, THEREFORE, Petitioner prays the Register~f Wills ~:&voke the
Letters Testamentary granted to her in the said Estate and appoint the said TERI
LYNNE POE, Executrix, and grant Letters Testamentary to her.
WITNESS:
Helen A. Bell, Petitioner
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFCUMBERLAND
On this, the ~.~'"~
SS.
undersigned officer, personally appeared THOMAS E. FLOWER, I.D # 83993, known
to me (or satisfactorily proven) to be a member of the bar of the highest Court of said
state and a subscribing witness to the within instrument, and certified that he was
personally present when HELEN A. BELL, Petitioner, whose name is subscribed to
the within instrument, executed the same, and that said person has acknowledged that
he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
RENEE L. MURRAY, No~rv ~li~.
Carlisle Boro Cumbertand C~i~'~,
My Comm &Sion EX~re~ Des ~
day of October, 2004, before me, the
ESTATE OF JAMES I. BELL, DECEASED
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-2002-0784
ORDER OF THE REGISTER OF WILLS
AND NOW, this 28th day of October, 2004, upon consideration of the Petition to Revoke Letters
filed by Thomas E. Flowers, Esquire indicating the Petitioner has renounced her fight to continue as
Executrix for the above-named decedent it is hereby ordered that the Letters Testamentary which were
granted to Helen A. Bell on August 30, 2002 are hereby revoked. Whereas the Petitioner respectfully
requests that Letters be issued to Teri L. Hettler, now know as Teri Lynne Poe, the successor nominated in
the WilI of James I. Bell, it is also ordered that upon return to the Register of Wills the original
Certificate of Grant of Letters and all unused Short Certificates which had been issued with respect
to the Estate of the above-named Decedent, Letters of Administration d.b.n.c.t.a, shall be issued to
Teri Lynne Poe.
da Farner Strasbau~h, Register f~ills
Register of Wills of CountY, Pennsylvania
RENUNCIATION
/
also known as
, Deceased
The undersigned, HELEN A. BELL (surviving spouse) (executrix)
of
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to adr~nistar the estate and respectfully request(s) that Letters be issued to
TERI LYNNE POE
WITNESS by her
(as successor or alternate executrix)
hand this, '~ ¢ ~ day of October
, 2004 .
(Signature)
Church of God Home, Hanover Street, Carlisle, PA
(Address)
(Signature)
(Address}
(Signature)
(Address)
Swom to or affi/~~
before me this ~ ~ day
o* October , 2004
/~ /~,~ ~/// / ,J NOTARIAL SEAL
~O~W PubI~ - ~ ..... I ~a~o, Cum~dand ~u~, PA I
My Co--sion E~ims: I MY~mm~Jon E~ires D~. 13, 2~m
q~llfl~ to a~nl~ ~th~ S~w date of N~ Renuncia~ons ex~uted ou~e the Office of Regi~er of Wills
a~aflon of Not~'s co--om) in so~ counties are required to ~ nom~ed.
BEFORE THE REGISTER OF WILLS
COUNTY OF CLrMBERLAND, PENNSYLVANIA
ESTATE OF JAMES BELL,
Deceased
Late of North Middleton Township
: No: 2002-00784
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Ted Lynn Poe, Executrix of the Estate of James
Bell, deceased.
Papers may be served at the address set forth below.
Date:
2004
SAIDIS, SHUFF, FLOWER & LINDSAY
Thomas E. Flower, Esquire
Supreme Ct. ID # 83993
2109 Market Street
Camp Hill, PA 17013
(717) 737-3405
Register of Wills of CU BE ^ND County, Pennsylvania
PETITION FOR GRANT OF LETrERS
Estate ot James Bell
, Oeceased
No. 2002-00784
Social Security No. 195-16-4306
Petitioner(s), who is/are 18 years of age or older, appl,/(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
] A. Probate and Grant o[ Letters Testamenta~ and aver that Petitioner(s} is/ara the ex*mm, ~x named in the last Will of
the Decedent, dated and codiciKs) dated .. Petitioner's mother, Helen A. Bell,~"~'dent's surviving spouse, who was
appointed Executrix of this Estate, now resides in a nursing home and is unable to ~ontinue to serve as Execumx. t'etmoner ]s
named as her successor in the decedent's Will and now asks that 'Letters Testamentary be granted to her.
State relevant circumstances, e.g., renunciation, death of executor, otc.
Except as foliows, Oecedent did not merry, was not divorced, and did not have a chiid born or adopted after execution of the documents
offered for probate; was not the victim of a kitlthg and was never adjudicated incompetent:
] B. Grant of Letters of Administration . . ~.
(c.t.a.; d.b.n.c.t.a; pendente lito; durante ~bsenfia; ~i3;l{Tanta
Petitioner(s) after a proper search has/have ascertained that Oecedent left no Will and was survived by the following spo ~-e~:; (if any)
I Name Relationship Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in No1%11 Midd]eton Township, Cumberland County, PennsyNania with his/her last family
or principal residence at ...8.01 North Hanover Street, Carlisle, Notch Middleton Township, Cumberland County, Pennsylvania (list street, number, and municipality)
Decedent, then 76 years of age, died August 5, 2002 at Carlisle Regional Medical Center, Carlisle, Cumberland County, PA
(Location)
Decedent at death owned property with es§mated values as follows:
(If domiciled in PA) All personal propen'7
(If nOt domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal proped;y in County
Value of real estate in Pennsylvania
situated as follows:
$
Wherefore, Petitioner(s) respectfully request(s) the probate of [he last Will and Codicil(s) presented with this Petition and the grant of
letters in the appropriate form to the undersi~nad:
I ./iF~ Signature
Teri Lynne Poe
Typed or printed name and residence
613 East 13th Street
Mountain Home~ AR 72653
Oath of Personal Representative
Commonwealth ot' Pennsylvania
ComW of
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true
and correct to the best ot 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.
Teri Lynne Poe
Sworn to or affirmed and subscribed
before me thi~.~%ay of
613 East 13th Street
72653
No,
/
Social Security No: 195-16-4306 Oats of Death: August 5, 2002
ANO NOW, this r~q'~y'~ day of
2004
of ~ Per,ion on the revere side he~on, safl~acto~ p~of havi~ been presented befo~
DeceaSed
IT iS DECREED that Letters [] Testamentary [] Of Administration
(c,t.a.; d.b.n.¢.La.; pendente IRe; daranta abse~ durante mlr~orRata)
are hereby granted to Teri LTnne Poe
in the above estate and that the instrument(s) dated
described in the Petition be admilted to probate and filed of record as the last Will of Decedent.
FEES
Letters ........... $
Short Certiticate(s) ..... $
Renunciation ........
AffMavits ( ) ....
Extra Pages ( ) ....
Codicil ...........
JCP Fee ..........
Inventory ..........
Other ...........
5.oo
Attorney: Thomas E. Flower, Esquire
I.D. No: 83993
Address: 2109 M~rket Street
Camp Hill~ PA 17011
Telephone: (717) 737-3405
TOTAL .........
Form RW-1 (lggl)