The URL can be used to link to this page

Home My WebLink About12-02-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of James E. Johnston a/k/a: a/k/a: a/k/a: 11/7/2011 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ A. Probate and Grant of Letters Testamentary or ~ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) testamentary under and aver that Petitioner(s) is/are entitled to the aforementioned Letters the last Will of the above-named Decedent, dated 10/8/2004 _ and codicil(s) dated none (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 born or adopted after execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): ^ B. Grant of Letters of Administration ndent lite durante absentia, durante minoritate) (If applicable, enter d.b.n., pe , -_~~ -,=; ,, ~~-, _; :, THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At Carlisle Regional Medical Center 361 Alexander Sprin Rd, Carlisle, Cumberland County Pennsylvania 17013 (Street address with Post Office and Zip Code, Mumc~pahty. Township, Borough, City) Decedent, then 85 years of age, died Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA If not domiciled in PA Value of Real Estate in Pennsylvania Total Estimated Value ~ 1,000.00 S ~ 66,000.00 $ 67,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 152 Neil Road, Shippensburg, PA 17257 Signature(s) Name(s) & Mailing Address(es) ~ ,,_(_I ,, , Jean E. Bartley, 201 Neil Rd., Shippensburg, PA 17257 Deceased ESTATE NO: 21- ~ ~ -' «g~° (Month, Day, Year of death) SS NO: 196-14-2910 at Carlisle, Pennsylvania (City and State where death occurred) All personal property Personal property in Pennsylvania Personal property in County Page 1 of 2 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court 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 complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divor- ce _. ,__ ______a.. ~,._ ,.:~.,.,...e t,qa t,pP., pstnhli hed as provided in 23 Pa. C.S.A. § 3323(8), e?CCgpt as follows. OATH OF PERSONAL REPRESENTATIVE ;-~ . - ,~, Commonwealth of Pennsylvania ~ SS - ~ _ County of Cumberland ~ _ '_ The Petitioner(s) herein named swear or affirm 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 represex~,at~ve(s) of_tlZe ~ `-' Decedent, Petitioner(s) will well and truly administer the estate according to law. `~' Sworn to or affirmed and subscribed be ore me this day of For the DECREE OF PROBATE AND GRANT OF LETTERS James E. Johnston ,Deceased File Number: 21-~~_-_I~YS Estate of AND NOW, this ~ day of ~~~-v`'~~ , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters X Testamentary - of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.4a., etc.) Jean E. Bartley in the above estate and that instruments(s) dated to/s/2oo4 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. FEES: ..$ _ ~- Letters .................. ~~ G~ Will ........................ Codicil(s) .............. . (a) Short Certificates ~. C"~- ( )Renunciations....... Bond ............................. Other ............................. Signature of Atty's S r PRINTED Name: David A Baric, Esquire Supreme Court ID No.: 44853 Address: 19 West South Street Automation FEE......... 5.00 JCS FEE ................... 23.50 Phone: / ~~ ~~- Fax: interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 k'age 2 of 2 HI05.805 RE.V (011071 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 18008141 Certification Number 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 pe filing. / - ~~G o Registrar Date Issued Ntust43 REV ttnoo9 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS TYPE /PRINT IN CERTIFICATE OF DEATH ~BIAR CSI( Elrmc (See Instructions end examples on reverse) sFATE FILE 2. Sea 3.9Ora Serodty NunOa 1. Hare d Dander (Faa, mtiwa, ra, suaw7 James E. Johnston 5. ppe Bea BWidaY) Ikidw i ear Untler i Errors peF Itwee 14Yww6 85 Yrs. d Z Sb. CowtY d peaM Bc. Ciy, B«o, Twp. d Deets Cumberland 5. Middleton Tw . 17. Derodenl's Usual Oc aYOn Kid dwak tlorw dab moadwalvigYN. DOM~ate reW KM d Wak KYd d Barnet/ IMuelry Laborer Self-employed 18. Derodem's MNinp Atldreas ISbea, cnY /town, state, sip code) 152 Neil Road Shippensburg PA 17257 18. FeMer's Name (Fee, rtidde, Ms6 suRn) George Johnston 2M. MormanTS Nana (TYPe /Prat) Je n E Bartle ,--> -, __ _ I IER 4,` ' to dDwW (MOM, day, Yea})' Male 19b - 14 - 2910 ~ N ~~ - , .~ L,h ,"~~ _ IbspneL OIMr: 9 19 2 5 S h i e n s b r P A " ^ ~ ! Dulponml ^ D0A ^ Nwrng N""B ^ Raerdenro ^ OIMr BIwdY. Bd FadWy Name (n not trwYatfon, gM street end nwnbar) 9. Wu Decedent d NaPepK CtlP^? ®No ^ Vss 19. Race: Anwnron Intlan, Blnck, WtYIe, ac (n Yes. epadty Cuban, 1 Carlisle Re Tonal Medical Center an,PweoRiwn,ac.) White 12. was Daroded veer b the 19. Dacaderq's Ea«Yon (swdH or~i N~ o~• ) u. McMel sla«: Ferried, Never Mmied, ts. survNbp sPO~e (d wMe, give mei0en rams) Ebrrwde7 / SecoMery lo-t2) Cobpe 11~ «6t) Yfitlowed, DNaoed lSOeayrl U.S. Amwd Frawe? ~r« ^NO 8th Never Married Dewdam's Db °eCBdeM c m ~ t h a m o n Trop. Adua Reeidarro na. State Pennsylvania tNa m a tic. ®vec, DewMm liretl b Rt tTb county Cumber 1 a n d Tawnshy? nd. ^ AcpWLpWeldLNed wghin Cny/Boo 19. MdMYa Name (Fits, mitlde, nWdan surname) Nanc Ril 29E. hnomam'e MagYq Addroe IS~• dY /town, sate, zip mde) a 21e. McWOd d D'wprotion ^ Cremetbn ^ Dorwtim 21b. Date d Dapropm (MOM, day, yea) 21c. Pkro d D'sprotion Rama d pnwtary, crarera ® 8,,,;r ^ Renbva from Slste ~ WM parltedon«DOre9an AWrahatl r, _.. _ ., rMMeAeYE.rnewrc«awr? ^r«^NO Nov. 10, 2011 Spring Hill Cemeter pleat _ 21d. LttaYOn ICnyraa.~, sate, sip code) Shiooensburc. PA 17257 22a Sgretued uwN Servile la Pe N v _-.-.__.-_.__. ~- s FD-012984-L Fo 15 n e - r' k , zxDebsigrwdlMaMday,ywr) CwntA•t• Yerrw 23ec ody when c•rWYbg 2.9a. To bee d my IotodedBe, deeW acoared a IM tore, tlab aritl ~ euNd. ISiwtare eM Wb) 23b. Lberee Numha plryelcYn u nd avelehle a time d dean w wrYN awe d drW. Wes Cate Relerretl to Metlirsl Epeminer 1 28 Crooner tar a Reason OWa then Cremation a Donation. 24, Time d Deets 25. Date Dead tleY, Yea) Nate 24-?6 nowt M conplded M P•~n ~ 1 ~ 1 1 O 0 ~~ M ° . ^ Yee ^ No . . who praauKes tlwN. ~ ApproskreN ktarrel: CAUSE OF DEATYI (Sea IroWdlons vend enrePbs) r d b Daalh O Pan II: Enter char . ~ bn M reaulag in the underNiq rows ghen b Pan I. 28. Ditl Tobacco use ConuWNe b Death? ^ PrOMhy ^ s w dMases, ube, or oonpYratiorw ~ dkedly tauwd tla dash. DO NOT enbr termkiel evade each es wrdec erred, nerri 27. Pan I: Ewer lea ill one rows on eadl Wa. Lbl oN 1M b + O NO ~'Qnkrewn y eNo gY. re3plratwy arlar, «vereriroler fiblWabn wYhoul re• pg UIMEpl ~Fawl /~ q- a~ ~s ~ .4 ` l ~ A ~ C ~ //~~ /~~ { i~ ~1 !D ~ r ~C C' ~ /~ ate' 2g.nFemale: ^ Hb pegrem wiWn Pad year ; 1 l! ~ iT rorrtlp'm bn dwM) _~ a dtY ~cJ1.~.~ lit ~ /f resr A' q . pro lO (or u e o~~ .t 1 ; alt I G ^ ~ ` ~a`n~ ~^° ! '~ ^ Pregrem at ana d deem but pregnant within 42 days nem ^ Nd e i s`- a. ..1 C~14~.-C N , ~ ~,a.,•r.~ l bl roridNwww, a arty, b, V'V(~ b rows lewd °" Wa e. Due b (a ace d): r , p p d death Emar UNDERLYBIG CAUSE r bN prepian143 days b 1 year ^ Nd prapanl (dbeaee a Yway dot bAiaad the ~ i evera reatGM~ in deathl LABT. i , betas daeM Due to or as a nonaegwnce ofJ. ( r ^ Unlniown N prepam wphp we Iwr year r tl , Occwred lbw Inju ib D 32c. Pkpe d hjuy: Hare, Fenn. Street, Factory, Wes en Aub s 30 Wae Aubpey FMkgs 3pD 31. Manrer d peaM 32a. Date d Inju7lMmlh, deri Year) ry exr e 32b. gyps Bugling, etc (Spadyy) p y a. Periomwtl7 . AvaAehb Pria b Campption ~ ~ ^ ~ a caws d prom? ~ ^ Accbent ^ PewMp pvrolgelbn ~. Time d Irtury 32e. Inpny a W«k7 321. n TrerwpMetbn bµry l~+'h1 ralw ^ Passenger ^ Paledrien /O ^ Det Lorotion d ryury IStreel, dly l lawn, sterol ~9~ NO ^ Yes ^ Yes ^ No ^ Suidtle ^ Cadtl Nd M Deambed M. ^ Vee ^ No er pe OWa ~ SPAY 33b.5ipnaure adTnle a CerWer 33e. CerWwr (deck any ore) • CMMyInB p~•n (PMsidan rorwyinp twee d deem wtwn enotlar PhYNCbn ~ DrO^a~ death end conVkbd lam 23) ^ ______ ~ V.y.L~ . /Q J /~ p d M ro ar) Ta tlM Madrlly arowMtlps,«ah oewmtldwbtM eeueele)entl mMrerr etaad___________________________ ,Lkaree Number ipwd ( a 39d pea S h y. Ye • Pmrorawdnp entl wnNYlrN PM'kbe (PNYe~n boW Pig dash mtl cMMyinptorowe d death) _ . deah attnrrrad a tM tbw, doe, and plow, and dw b the wueals) entl mentor w etetW_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7OIM Ma d my YrrowMtlBe M !/ ~ f" > / r ~ ~ 1 1 (1 ~ ~ 1 t , • Yedlwl Gawdrar/COr«wr to tlw cwee(e) arts nu«wr w etaNd_ On the MeY d aaerNnabn and 1 «YwseYprba, in mY opdm, Usah orownd a Hw time, sew, am Item, antl tlw 9a. Name end AdAess d Pew~on Who Conglebd Cause d DwW (~27) TypaCPmt 1 ~ • J ~"~~` o ~ 35. Regldiah Sigre r - I 2i ~ ~ /'`. I ~ L/ I 38. a Fibd (MOM, day, leer) / D Z®/` I ,t ~ : ~ ~ Garr , , ~,,..,~2 ~~ LtJr '^~ ~ [~~ Prb X17 U (~ 0713403 ~. Diepronian Perms No. _. , r- =~ - LAST WILL AND TESTAMENT _ "- - OF ~ _:_ JAMES E. JOHNSTON ,_ _~, -_ __ - _; I, JAMES E. JOHNSTON, currently of 152 Neil Road, Shippensburg, C#imberland - `'' ` -' County, Pennsylvania, revoke any prior Wills and Codicils and declare this to be my Will. ITEM 1. I give my furniture, household and personal effects, and other tangible personalty of like nature, other than cash or securities, together with any existing insurance thereon, to my neighbor, JEAN BARTLEY, if she survives me by thirty days. If JEAN BARTLEY is not living on the thirty first day following my death, then this gift shall lapse and I give my furniture, household and personal effects, and other tangible personalty of like nature, other than cash or securities, together with any existing insurance thereon, to my neighbor, LARRY McLAUGHLIN, if he survives me by thirty days. ITEM 2. I give the rest, residue and remainder of my estate to my neighbor, JEAN BARLTEY, if she survives me by thirty days. If JEAN BARTLEY is not living on the thirty first day following my death, then this gift shall lapse and I give the rest, residue and remainder of my estate, to my neighbor, LARRY McLAUGHLIN, if he survives me by thirty days. ITEM 3. If neither JEAN BARTLEY nor LARRY 1V1cLAUGHLIN are living on the thirty-first day following my death, then all gifts to either of them shall lapse and I give my entire estate to my heirs at law in such proportions as is provided for under the Pennsylvania Probate, Estates and Fiduciary Code or its successive legislation as is in force at the time of my death. Document #312313.1 Page 1 of ITEM 4. I direct that all my just debts and the expenses of my last illness and disposition of my remains shall be paid from my residuary estate as soon as practicable after my death and as part of the expense of the administration of my estate. ITEM 5. In addition to the powers conferred by the common law, by statute, or by any other provisions hereby, my Personal Representatives are hereby empowered as follows: (a) Subject to the gifts made in Item 1 of this Will, to sell at public or private sale, to exchange, to lease, to pledge, to mortgage, to transfer, to convert, or otherwise dispose of, or grant options with respect to, any and all property, real, personal, or mixed, at any time forming a part of my probate or trust estates, in such manner, at such time or times, for such purposes, for such price or prices, and upon such terms, credits, and conditions as shall be deemed advisable or necessary under the circumstances. (b) To assent to, join in, and vote in favor of any merger, reorganization, voting trust, plan, lease, mortgage, consolidation, exchange, foreclosure of any corporation or other investment in which the probate estate or trusts may hold stock, bonds, investments, or an interest; (c) To vote in person or by general or limited proxy with respect to any share of stock or other investment held by the probate estate or trusts; (d) To make distribution in division of the probate estate in cash, in kind, or partly in both; (e) To distribute articles to a minor or to her or his guardian or to any person taking care of the minor to hold for the minor within the limits authorized by statute or rule of law; (f) To compromise any claim or controversy; Document #312313.1 Page 2 of (g) To apportion between principal and income any receipts and disbursements and to ascertain income and principal in accordance with the statutes and rules of law of the Commonwealth of Pennsylvania; (h) To keep property in the name of a nominee with or without disclosure of any fiduciary relationship; (i) To employ attorneys, auditors, depositories and proxies with or without discretionary power. (j) To make, execute, acknowledge, and deliver any and all instruments which maybe deemed advisable or necessary to carry out any of the powers herein granted or provided bylaw; (k) To invest and reinvest the principal of the trusts, together with any accumulated income thereon whenever such accumulation has been permitted by the terms hereof, in all forms of property, real, personal, or mixed, including but not limited to stocks, bonds, common trust funds, mortgage, investment funds, insurance policies, and annuities, without being limited by any statute or rule of law concerning investments by fiduciaries; (1) To join with my spouse, if I am married at the time of my death, in filing any federal income tax returns for any year in which such joinder is permitted by law and to pay all or such ratable share of any taxes due thereon as my fiduciaries shall deem proper, and to join or consent to any gifts made by my spouse during my lifetime as having been made one-half by me for the purpose of any federal gift tax law; (m) To carry out the terms of any agreement I may have entered into to sell all or any part of any property or any interest I may own in any business at the time of my death; ~ ~,'~~ Document #1312313.1 page 3 of 5~~~ (n) To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income; (o) To disclaim inheritances and interests in property. (p) To apportion tax basis among bequests in accordance with the Internal Revenue Code, applicable regulations and other state or federal laws. ITEM 6. No bond shall be required of my Personal Representatives or Trustees but if bond is nevertheless required, it shall be without surety. ITEM 7. I appoint my neighbor, JEAN BARTLEY, Executrix. If JEAN BARTLEY fails to qualify or ceases to act, I appoint my neighbor, LARRY McLAUGHLIN, Executor. ITEM 8. I note to my Executors that I have retained the services of David H. Martineau, Esquire, and the firm of Metzger, Wickersham, Knauss & Erb, P.C., in connection with the writing of this Will. Executed on ~~ fv h ~ y ~ 2004. ames E. Johnst In our presence, JAMES E. JOHNSTON signed this Will and declared it to be his Will, and now at his request, in his presence, and in the presence of each other, we sign as witnesses: ~~~_ Residence ~~~~ ~ Residence Document #312313.1 page 4 of COMMONWEAL-TH OF PENNSYLVANIA SS COUNTY OF !J AuPN ~ ' We, JAMES E. JOHNSTON, and ~ ~~ a ry ;`tiara;^P°"` 'and ~ _ . ~ ~;~ ,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 that he had signed willingly (or willingly directed another to sign for him), 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 witness and that to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. estator ----._.~ ~~/r ,.. Witness SWORN to or affirmed and acknowledged before me by the above named Testator and witnesses this _~ day of tic-~,loe~ , 2004. Notary Pu is My Commission Expires: (SEAL) Notarial Seal Angela M. Miller, Notary Public City of Harrisburg, Dauphin County My Commission Exp-res Oct. 15, 2006 Document #312313.1 page 5 of 5