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HomeMy WebLinkAbout09-13-11IN~THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI REGISTER OF WILLS A PETITION FOR PROBATE AND GRANT OF LETTERS Estate of ROLAND R. ALEXANDER ~/k/a: ,Deceased ESTATE NO: 21- ~ (~ ~~ aIk/a: aIk/a: SS NO: 526-80-5900 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C'~ applicable: as ®A Probate and Grant of Letters Testamentary orpAdministration c.t.a., or d.b.n.c.t.a. (c lete Part: and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testaments ~ ~'a~so) the last Will of the above-named Decedent, dated 2/9/2011 ry ~ ~ y unde~-~ ~Y`~, and codlcll(s) dated ~~ ~' ' ' -- (State relevant circumstances, e.g. renunciation.. death of executor. etc.) I ~~ ~ ,-~, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted aft ~~~~ecution:af the :. __ instruments offered for probate: was not the victim of a killing, was never adjudicated an incapacitated ~, and ~-,-~ party to a pending divorce proceeding at the time of death wherein grounds for divorce had been a blished s d~fint 23 Pa. C.S.A. § 3323(g): ett r"~C .~ ~ O B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent Iite, durante absentia, durante minoritate) C. 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 and c heirs):. was not the victim of a killing; was never adjudicated an incapacitated person; and was not a pa to a menldi list of proceeding wherein rounds for divorce had been established as rovided in 23 Pa. C.S.A. 3323 ~ p ng divorce g p § (g), except as follows: ~9ma t THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last famil or rind a At 506 Brid eview Drive Lemo ne Lemo ne Borou h Cumberland Count Penns van a 17043 sidence (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 61 years of age, died 8/30/2011 at ____~~ Pennsylvania Estimated value of decedent's roe (Month, Day, Year of death) (City and State where death occurred) _lf domiciled in PA p p rtY at death: _If not domiciled in PA All personal property $ ~ ~ VD _If not domiciled in PA Personal property in Pennsylvania $ _Value of Real Estate in Pennsylvania Personal property in County $ Total Estimated Value $_ p~j~p00 00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) ~ ~ Signatu~(s) ~ ~ ~ ~ ~ ~ Name(s) & Mailing Address(es) a~ Kimberly S. Alexander geview Drive, Lemoyne, Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court ( ~) Short Certificates -~ X~U" ( l) Renunciations .. Bond ........................ ..... .... Other ........................ ............................ .... ..... ............................ Automation FEE....... ..... .. 5.00 JCS FEE ................ TOT ... .50 ~j ,~ 2 AL .............. .. Page 1 of 2 YK11V I ~L 1Vame:l nUWclr u v. n~ uy, ~~yu„ ~ Supreme Court ID No.: 16826 Address: 1719 North Front Street Harrisburg, PA 17102 Phone: 717-234-4178 Fax: 717-234-0409 Interim Form RW-02 revised 12.26.] 0 by Cumberland County pending action by the Court Page 2 of 2 rrnc Qnc qr,~. ,n, ~.~~, LOCAL REGISTRAR'S CERTIIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photosi:at or photograph. Fee for this certificate, $6.00 F 1729022 Certification Number I) ~}~4 This is to certify that the information here give correctly copied f)~o)n an original Certificate of D duly filed with me as Local Registrar. The ori certificate will he forwarded to the State ~ Records Office for permanent filing. ~ ~ SEA 0~ - L~;~cal Registrar ~, , Date Issued n ~.. ~ . ~~ ~~ j-..E __.i "' .. J "l fT) `~ CJ> ~ ~~ -`_ - D ~ ~- u REV 11/'1006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS - / PRINT IN ABM CORONER'S CERTIFICATE OF DEATH (See Instrutsttons and sx~nplee tJ11 reverse) STATE FILE NUMBER 1. Nerve d Decedem (Fbx, mkldb, lest, suAfx) 2 Sex s. Sodel 9ewrM Number 4. Date d Deem lMand4 deY, Yad Roland R. Alexander Male 526 - 80 ,- 5900 August 30, 2011 S. Ape (Lett Blrmtley) Under 1 Under 1 8. Date d Bhdf Morten, 7. and ataM a . ~ py, Ibur ANrsna, m. Plecs d Deets Check One HoepIOY: 61 Yre November 6, 1949 Monroe, MI °"'°~ - Bb. Coumy d Deem sc. City, Baa Twp. d Death 0 krpetknt ^ ER ! 17UIpffiknt ^ DOA ^ Nurskg Home ^ ResMence M. Fad1y Name (a not krtlkraort, pies atroel and ^ Other - Spseay: York ""'~ 9. Wm Decedent d Hispanic origin? ®No ^ Yes 10. Race: American kxlaa &eaf; woes, eb. York City York Hospital (; 'P~'''`~"~ c P`"'t0 '' et`) Whit e 11. Dsosdenl's Ibrrel d work der du most d qfe. Do not eWe rNl 12 Wm Decedent ever In the 19. Decedent's Eolueetlat (Specty only hlgheffi 9redp completed) 14. Meritffi 81e1w: Married, Never Married, 15 9urvMng Spouse (a wee, give maiden oar) ~ of 1Mxk l9rd d Business I Industry US. Armed Farces? Ebmetrfary / Sscondsry (o-12) Widowed. Dhroroed (Spam Medical Oncologist Healthcare ®ve: ^No ~0"°Qe('j0`~') • 1e.Deoedenf:MeNn Address 12 12 Married Kimberly Sue Brothers 9 (~. dlY / bwn. afeM. dP code) D'id Decerlerd 506 Bridgeview Drive AmIffi YRa~denoa na3mte - Pennsylvania ut,k,. ,~~•^ Yes,DecedersLlvedln Lemo e, PA 17043 17b.cauny_ Cumberland Tbwnahq? 17d•®~dureawimkr Lemoyne Twp 18. Famerb Narne (Brat, middle, kut, suabc) 19. Moans Name (Flnt. mkldb, mffiden sumeme) caY / Boo Ronald Reed Patricia Payn 20a. InbrmanYs Name (Type / ~ 20b. Irmxmard's Mailing Address (~. dN / bs'r4 stab, ap code) Kimberly S. Alexander 506 Bridgeview Drive, Lemoyne, PA 17043 21a Mearod d Dbpoekbn ®Crematbn ^ Donffibn 21b. Date d Dlapadtbn (Momh, day, year) 21c. Plepe d DlepoeNlorr (Nsne of c«neury, o'enrbry a other pets) 21d. toatbrr (pry /town. state. da code) ^ Otlrr BuAffi ^ Rengval ken State tWp Crelnegen or Detrtlen Audreriaed ~~-~~~ Yee^Na September 2, 201 Evans Crematory Schaefferstown, PA 17088 r ~' tJrxrra (a person ec&p m srrch) 220. Lkrnee Number 22a Nerve end Addram d Fecay - FD 012 848 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA~17070 ady wtrn aedllying 23a. To the fret d my knowbdpe, deem oocuned ffi the time, deb and phoe stead (Slpnature end tkb) 23b. Uuna Number phyffidan b net avffiaba ffi trne d dmlt b ~. Dad ~ catlty taros d deem. goad (Month. day. year) ~ ~ 24 by pd~ 24. Time d Death 25. Date Praaunoed Deed (AbPoh, day, yes 28. Wee Cass Rehrred to Medical Exandner / Canner fa a Ramon Other than Cremation a Donation? 2:10 F.M. August 30, 2011 pvee ^No CAUSE OF DEATH {See Metructlpns end strsrrtplse) lam 27. Part I: Eroer the drn d evenk - dlaemm, krjudes, a compiastiar - art d , Approxlmare FdervaC PaA IC Enter other ?s. Dk1 Tabecco Use Gambols b Deem? raaplrffiory errat, a ventricular Abrlsetlon wlarad showtg the ffi ~Y eased ~ death. DO NOT order bxmkrl events such m eerdac arrest, r Oneel b Deep but nd rasa In - ((FF~~ krbgy. List oMy ar cetne an eaoh toe. , Nhq Ike urMedykg cease given kt PaA L ^ Yes ^ Probably IYYED1A~~h)Asmleor ~ ~ Nc ^ Unknown oorr~fa~ ~ ._.~. e, Acute myocardial infarction ' r Za. a r-emab: Due b (a m a consequence oq, r Segirn9sNv Ael mx>Tdorr, a arty, b. ~ ^ Nd pregnant wahm pest year b dr cws• Asted on Wr a r ^ Pregnam at 9me d death (E(~t~~,e,r,,,~p U yNp~EypLyNp CAUSE Due b (or m e consequence d): , , bveMa revel rAfn In ~ c. ~ ^ Not pregnem, bat pregnant wiMhn 42 days Due b (a m a correquenp ot): r -.-~~ d dam d. ~ ^ Nd progrrM, test Pre9nem 43 days b 1 year ' s0s. Wm an Autopsy 3gQ Wen Aubpry Fkdngs 91. A4rner d Death r ~'~~ ^ ~ a pregnant wta9n the peat ar Pertorrrred? Avelaba Prior b CompMtion ~• Date d Injry (Madh. day. year) 92b. Desatbs How InJuy OoeueW ~. d cause a Doak,? ~ Natural ^ Honrlade s2c Place d Irt(ury: Honr. Fmm, ~ee1. Factory, OMke mg, etc, (SpedryJ ^ tea x^ No ^ Yea ^ No ^ ~ ^ ~h9 InveWgetlon std. Time d In)up s2e. InJury ar walfr 32). a Trarapatatbn Injrrry (Qoaraly) 32g. lacaaort d Injun (Slreel, dy /town, state) ^ sukide ^ could Not be Dsannkrd ^ Yes ^ No ^ oAvar / Operffior ^ Pmsenger ^Pedealler, 33e. CerWar (check any one) ~"r - Phy~ (~ certlyirg arras d seem when anatMr ~• a end Title d Cerdlier To the Met of phyMdan am Pmxxabed deem and mnpkhd Item 23) 'I ~t°e'd""°~rne°do"nits"r~''''.adm'""'"~---------- _ ^ - Deputy Coroner ' Prorrsutekrp end artllyYtO t~Mkan { bath pranaraa;Yg deem and aerayr,g b~~use ddam) - - - - - - - - - - - - - - - - - - - - - 33c. Lkarar Numbs , To tlr Met d my trasMadpe, loth oegrrred ffi tM tlma, dent, and pitta, and due to Ur eeueya) and merrrr ore statsd- - - - - - - - - - - - - ^ sari. Date Signed (Manor, day. You) • Medkel Esaffirrs-I Caarr - -- - - D" nr eaa «. aed ~ « ~+ws~o•, In my opinlort, dam oecurnd tt tM time, dau, and pltot, and sue a the ottrts(s) one trurrrrr a head- x^ September 02 , 2011 34. Nants and Addrea d Person was c'.orryaead cause d oe.m (Item 2>) Type / Print 86.Regfatrar'aSl¢WixeendDfffirictNumber ~•~~ ~Y Claude W Stabley II, RN - ~ ~I °~ ~l ~ D. ~ 11.8 Pleasant Acres Rd, York, PA 17402 Diapoeloon Pemm No. ~ ~'6RZp 001 ii -9 / r~ `~ ~; _, ~~ ~ ,..~ a_ . . ... ~ _.., /~ ~7 °- -- _ _ ; • ~ ~n I, ROLAND R. ALEXANDER, of Lemoyne, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all prior Wills and Codicils made by me at any time. ITEM I: I direct that all my just debts and funeral expenses, including my grave marker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease, as a part of the expense of administration of my estate. ITEM II: I give and bequeath all my tangible personal property, including furnishings, books, automobiles, art collection, antiques and jewelry (hereinafter Personal Property) to my spouse, KIMBERLY S. ALEXANDER, on condition that she survives me by sixty (60) days. In the event that she predeceases me or fails to survive me by sixty (60) days, I give and bequeath my Personal Property in equal shares to the surviving beneficiaries identified in ITEM IV(B), infra. In the event of any disagreement, my Executrix shall resolve such dispute on the basis of the fair market value of all items; however, if my Executrix is one of the disputing beneficiaries, the four beneficiaries shall unanimously select an impartial third person to resolve this dispute on the basis of fair market value of the Personal Property. ITEM III: I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wheresoever situate outright to my wife, KIMBERLY S. ALEXANDER, on condition that my wife survives me by sixty (60) days. ITEM IV: In the event my wife, KIMBERLY S. ALEXANDER, predeceases me or fails to survive me by sixty (60) days, I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wheresoever situate as follows: A. Charities: Twenty percent (20%) to be divided equally between the following two charities 1. 10% to LIVING WATER COMMUNITY CHURCH; and 2. 10% to OPERATION SERVE INTERNATIONAL OHIO. B. Individuals: 1. 20% to my daughter, RACHEL ELIZABETH BERG ALEXANDER. 2. 20% to my son, THEODORE REED BERG ALEXANDER; 3. 20% to my step-son, JOSHUA L. MARTIN; and 4. 20% to my godson, JOSHUA S. ERNEY. ITEM V: If any ITEM IV(B) beneficiary shall predecease me, the share of such beneficiary shall pass to his surviving issue, der stirpes, if any ITEM IV(B) beneficiary shall predecease me leaving no surviving issue, the share of such predeceased beneficiary shall pass in equal shares to the remaining ITEM IV(B) beneficiaries or their issue, der stirpes. 2 ITEM VI: My Executrix, and her successors 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 borrow money from any person or institution and to mortgage or pledge any or all real or personal property as they in their sole discretion shall choose without regard for the dispositive provisions of this instrument, except that no property passing to the marital deduction share shall be so mortgaged or pledged. B. To reasonably compromise claims asserted by or against my estate. C. To join with my spouse in filing a joint income tax return without requiring her to indemnify my estate against liability for the tax attributable to her income, and to consent to any gifts made by my spouse being treated as having been made one-half by me for the purpose of federal laws relating to gift tax. D. To retain any or all of the assets of my estate, real or personal, without regard to any principle of diversification or risk. E. To sell at public sale, to exchange, or to lease for any period of time, any real or personal property and to give option for sales, exchanges, or lease, for such prices and upon such terms or conditions as she deems proper. F. To exercise any law-given option to pay death taxes in installments. 3 I G. To carry on any business owned or controlled by me at my death for whatever period of time she shall think advisable, and she shall have the power to do any and all things she deems necessary or appropriate, including the power to borrow and to pledge other non-marital assets contained in my estate as security for such borrowing, the power to delegate all or any part of the supervision, management, and operation of the business to such person or persons as she may select, and the power to close out, liquidate, or sell the business at such time and upon such terms as she thinks best. My Executrix shall not be held to personal liability for shrinkage of income or loss of capital value that may be incurred in the course of her operation of the business, except loss that may result from her willful misconduct. Notwithstanding the above, this power shall be void and of no effect if it in any way reduces the marital deduction as elected by my Executrix. ITEM VII: Anything in this Will to the contrary notwithstanding, any beneficiary under this Will may, at any time and from time to time, release, renounce, or disclaim, in whole or in part, or otherwise limit any power or interest granted to such beneficiary under this Will, by written instrument, duly signed, acknowledged before a Notary Public ~ and filed with my Executrix. Such instrument need not take effect immediately and may ~ be contingent upon the occurrence or nonoccurrence of any event. In addition, my Executrix serving hereunder at any time may in like manner release, renounce or disclaim, in whole or in part, or otherwise limit any power granted to such fiduciary hereunder. 4 ITEM VIII: My Executrix shall be authorized, in her sole, exclusive and unrestricted discretion, to determine whether to elect (under Sec. 2056(b)(7) of the Internal Revenue Code of 1954, as amended, or any corresponding provision of state law) to qualify all or a specific portion of the sum disclaimed for the federal estate tax marital deduction and any marital deduction available under the law of the state in which I am domiciled at the time of my death. I suggest, but do not direct, that in exercising such discretion, my Executrix attempt to minimize (or eliminate, if possible) the federal and state estate, inheritance or other death taxes payable by my estate at the time of my death. However, my Executrix should also consider the effect of her election upon the federal and state estate, inheritance and other death taxes which will be payable by my said spouse's estate at her death, particularly if she dies before the election must be made. The decision of my Executrix with respect to the exercise of the election shall be final and conclusive upon all persons whose interests in my estate are directly or indirectly affected by the election. No property ineligible for the marital deduction shall be used to satisfy that deduction. ITEM IX: All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation to the beneficiaries and any of them, and shall not be subject to any execution, attachment, levy or sequestration or other claims of the creditors of said beneficiaries or any of them. ITEM X: In the event my spouse, KIMBERLY S„ ALEXANDER, survives me by sixty (60) days, all federal, state and other death taxes payable because of my death, with respect to the property passing under this Will, but not otherwise, and forming my gross estate for tax purposes, including any interest or penalty imposed in connection 5 with such tax, shall be paid out of the non-marital residue of my estate, if any. Any such tax, including interest or penalty imposed, due by virtue of taxable property forming my gross estate but not passing under this Will shall be paid directly from such property and shall not be paid out of the marital residue of my estate. It is my specific command and intent herein that no property forming part of the marital deduction taken by my estate be utilized to pay or be reduced by any Federal Estate, Pennsylvania Inheritance, or Pennsylvania Estate taxes. However, in the event my spouse, KIMBERLY S. ALEXANDER, fails to survive me by sixty (60) days, it is my intent and direction 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 part of the expense of the administration of my estate. I direct that the charitable beneficiaries shall be responsible for the same overall taxes and expenses as is being borne by the individual beneficiaries, excluding any tax attributable to the Personal Property. Thus, the total, net gift to the charitable beneficiaries, identified in ITEM IV(A) hereof (20% of the residue) shall be approximately equal to the net gift received by each of the individual beneficiaries, identified in ITEM IV(B) hereof, excluding the value of any Personal Property received by my individual beneficiaries. ITEM XI: I direct that my Executrix and her successors serving hereunder shall not be required to post bond or enter security in any jurisdiction. ITEM XII: I appoint my spouse, KIMBERLY S. ALEXANDER, Executrix of this my Last Will and Testament. Should my spouse, KIMBERLY S. ALEXANDER, fail to qualify or cease to act as Executrix, I nominate and appoint my step-son, JOSHUA L. MARTIN, as Executor of this my Last Will and Testament. Should my step-son, 6 JOSHUA L. MARTIN, fail to qualify or cease to act as Executor, I nominate and appoint my son, THEODORE R. BERG ALEXANDER, as Executor of this my Last Will and Testament. ITEM XIII: I hereby nominate and appoint the surviving ITEM IV(B) beneficiaries to serve as guardian of the estate of any minor inheriting hereunder. ITEM XIV: All references herein to the singular or the masculine shall include the plural or the feminine respectively, where appropriate throughout this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ~'~~ , 20 I I . ~. t' '~ ~ ---, ROLAND R. ALEXANDER The preceding instrument, consisting of this and six other typewritten pages, was, on the date thereof signed, published and declared by ROLAND R. ALEXANDER, the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. residing at (/ I~- ~ Q iding at r - 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: WE, ROLAND R. ALEXANDER, _ and ' ,the Testator and t e witnesses, respec- tively, whos 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 that he had signed willingly 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 Testator, 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. Subscribed, sworn to and acknowledged before me by ROLAND R. ALEXANDER, the Testator, and subscribed and sworn to before me by U::OU~ ~• and ~ , witnesses, this ~ day of , 20~. n ~, Notary~Fpubli -~nnnnv~~.~ , ~, , ~.......__... vv aria) Seal Angela S. affer, Notary Public City of Harrisburg, Dauphin County My Commission Expires Jan. 23, 2012 8 Witness