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HomeMy WebLinkAbout09-28-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNT', PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letter'. in the appropriate form: Decedent's Information I ~ I ~ ~~ t Name: Richard W. Bushev File No: 21 a/k/a. (Assigned by Register) a/k/a: adr/a: Social Security No: Date of Death: 10/9/11 Age at death: 92 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 4 Conway Street 17013 Carlisle Borough Cumberland Street address, Pmt Oface and Zip Code City, Towmhip or Borough County Decedent died at 4 Conway Street 17013 Carlisle Borough Cumberland PA Street address, Poet Office and Zip Code City, Towmhlp or Borough County Shte Estimate of value of decedent's property at death: ~~ l ~~' Ijdomici[ed in Pennsylvania ............................... .All personal property $ • /f not domiciled in Pennsylvania ............................ .Personal property in Pennsylvania $ /f not domiciled in Pennsylvania ............................ .Personal property in County $ Value of real estate in Pennsylvania ......................... ..................................... $ TOTAL ESTIMATED VALUE.... $ alp nCh. ~~ Real estate in Pennsylvania situated at: (Annch additianalsheets, ifnecessary.J Street address, Poet Office and Zip Code City, Tawnehip or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Peti[ioneds) avet{s) he/she/Ihey is/are the Executor(s) named in the last Will of the Decedent, dated $/1/Ol and Codicil(s) thereto dated None. Stale relevant dreumsmnces (e.g. renunciarian, death of executor, erc.) Ezcep[ as follows: after the execution of [he ins[nunent(s) offered for probate Decedent did not many, was not divoroed, was no[ a party [o a pending divorce proceeding wherein [he grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did nol have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS O EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (lf applicable) c.t.a., d.b.n., d.b.n.c. t.a., pendente !lie, duranle absentia, durance mtnoritate If Administration, c.[a or d.b.n.c.ta., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party [o a pending divome proceeding wherein the gmunds for divoroe had been established as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ~ ~,~ ^ NO EXCEPTIONS ^ EXCEPTIONS C-i Petitioner(s), after a proper search has/have ascenained that Decedent left no Will and was survived by the following spo~any) and its additions(sheets, ifnecessoty): ~~ `` ~ N Name Relationship Addres '" C"i Vi,-.. ~ _ S C- . • r. ~./t ~~ Form RW-02 rer. lonuzo!! Page 1 oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Official Use Only RE{~OH~~_ :~~FiCEOF ~•, Petitioner(s) Printed Name Petitioner(s) Printed Address Esther M. Bushe 4 Conway Street Cazlisle _ ~F{~ x7013 Cl1MBf_RLAND CO., P4 The Petitioners) above-named sweads) or affirm(s) the statements in the foregoing Petition are [me and correct [o the best of [he knowledge and belief of Petitioner(s) and [ha[, as Personal Representative(s) of [he Decedent, [he Petitioners) will well and wly administer the estate according to law. Sworn to r affumed an subscribed before me this d f ~2 By a egister _~ y ~~~ ,/~ ~~i/, TJ-w~if~u~ Date Dale Date Date BOND Required: ^ YES ®NO FEES: Letters ................... .... $ ( ~) Short Certifica[es(s) . ... . ( )Renunciation(s) ..... .... . ( )Codicil(s) ......... .... . ( )Affidavit(s) ........ .... . Bond .................... ..... Commisaio~ ~ //' ~ Other ~lL1L~- .... ..... Automation Fee ................ . JCS Fee ....................... TOTAL . ......................$ ~~ To the Register of Wills: Please enter my appearance by my signature below: Attorney Si amre: Printed Name: No V. Otto I]I Supreme Court ID Number: 27763 Firm Name: Martson Law Offices Address: 10 East Hieh Street Carlisle PA 17013 Phone: {7171243-3341 Fax: (717) 243-1850 Email: iotto ,martsonlaw.com DECREE OF THE REGISTER Estate o[ Richazd W Bushev File No: 21 ~~ - (VlD O a/k/a: AND NOW, ~1't` +~u , ~ ,inconsideration of the foregoing Petition, satisfactory proof having b en presented before me, IT IS DECREED that Letters Testamentary aze hereby granted [o Esther M. Bushey in the above estate and (if applicable) that the instrument(s) dated Mav 1 2001 described in the Petition be admitted to probate and filed of reyr~gr(1 as the last~Will (and Form RW-01 ree [e/1120/[ ~ / G''~ YU L`^ ' ` " PaEe @' Of 2 uuti nn> are Holm-: 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 1772684CI 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 tt,,--^^Re~cords Office for permanent filing. L~6n~.~~t_~-~r~C'tlC1F i l/2011 Local Registrar r Date Issued o N ~~7 ^^~ r N T ~ ` ; ~~ a - _ ~~ s ~._ T COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS -" ~ ~ CERTIFICATE OF DEATH y~~L f lRrN lneVUell„ne entl exemolea an rweFeel e...<<„~.,,I~e l7 T"'{ ~ Nasla Pav 112Ye TPE I PRIM IN PFn1,11.FN! MI F 11Af a I.xwwalbwmalFwt mua•, 6R,„Inl z. se[ a.swN S„alq Nwma .. oW ab•m lLNm®erl Richard W. Buahe male 1Ei0 - lE. - 3930 October 9, 2011 n k•M1+R %mmyr ugvl trawl nbbdRn ]. a as Wwamn b. n[w anwn n. 92 yrs. ""`'° °W' "°"' '""" October 27, 1918 Gardners. PA "°°d"'~ unFr'. Cl YR. ^ MtlrA ^ ER IOaµkM ^ WA ^ Nu ' Norts Ly Pevbm ^ IXrer ~ ByYry • mGwYYd CYm &LM. Bd[.iW.d 0.M MFwMW WnM Ol rcl nalMUbn. Vl•Y„INlnp2a 9. Wr OZ•rb[itl IYF<Nt d'ani M ^Yee t0. fleas'. RneNL~AmI•n, B1„M. Wnm, W. h mberland Carlisle Borou C I~0°°m white 4 Conway St Carlisle/ PA 17013 Iwa ~L~' g u . , ~.1 Bw•Ynlbwl d„w mr a x. ro.nawn II Iz w. owroexn „wnm[ m.o•wexa~. EWreOw lEwmY aM ba+d P•b•[ara•INI „.AWW S6W~IWM.xmr WmN Is. r+.bno sww•III MIe, tla meWn,wwl . Fgfd NMaWww[/IMn%' ~ U9. Nnef Fwm] E4„V6NIS•[wWFy ro'IZI B~WG•11i w0.1 WnwH IXmiw]18.<'dhl al Engi r Profesaion q Y„ ^ W 4 y IB.0.w1nR•Wil'nDMLeal3beeLN'Y/qm. Mb.W¢b) fae]mYS CtlOWM ~Y1V3Dia LN•Me I'r. 0.re]atl IANN Tp. ^Vw 4 Conway St.Carliele, PA 17013 , , MsIRWWn I]°.SwY Cumberland T°"""P] Tra'43 W, o•wmaul•aRmN Carlisle Borough I]nc rc au y navellmma Gyl Bwa 1B. FYMe WiMIFlM, nbH. WI. WN) IB.I.IYeIe WiwlXlerNHP, ^eX[^wmswl E. Buahe Ruth Bream II„ HwmeWFNaw11ri'•/PMI NO.InMwA'e IbIW9 bhw 181n•I, dIY/wm, eM1b W ab) Esther M. Bushey 4 Conwa Bt.Carlieler PA 17013 I-I zlc WUmdoW[[iaN qP Ci„mb, ^o[wmn zlb. o[ud obpw5wnla[rlf. M.vn xlwPbaolgoeNbnlxma[m.l[n.n•memrramw q.[.1 ua.Imam aMrmwv [nb. zpmae) • ^ emb ^ R„wwb[msmb ;w„cwrNWwW„u•n RwwWe Octobec 12, 2011 Hoffman-Roth Etmeral Home and Carlisle, PA 17013 ^ sew. r br sRrew eiw+w]cwa.n ID Y„^ W m. dFa.N R.a„ ww wwNl muwi. „oew zzG Wm[vb Rm..aFNq Carlisle, PA 17013 219 N Hanover St. 013194E Hoffman-Roth Funeral Home and Crematory Inc _ . ~ W„zm<Nry.ma 9.. iaMbxamynwWOR menoauMnn[Wrn, ml..epmwneba s4elu•anlls•I mLww xumx za. Wl[9a•B la[nn. M. wrl 6 m.w[W auw ammm wwamN. wmaw mel bewnp6mbPNal n. n"'abm aS. wd Pmrwweo.n WrR,, 6vf.MFn x. ww aw WlPnmmXklW E„mnxr raa„In. P..m ame xN a•nxmn womacm] ,IW aawww o-.n. 7:37 a.m. R. October 9, 2011 ^Y°' ^"° C/,UBE OF aE1TX 18w IMbY[IIMF „M „•niPM) i k„„Ym6 FM1Ml: Wn ZI PN I: FYrm•d-aYBNa,Y{Mlu.wmwswW+~mum•NrwwNn.m•nmxmwNMmixl„Yb lNnwrde[eiml; dMbO„N NII'. 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BUSHEY, of the Borough of Cazlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publislh and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or C'.odicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets helld or passing under ITEM FIVE hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO In the event my spouse shall predecease or fail to survive me by thirty (30) days, then I give such items ofpersonalty as are itemized in a certain list attached hereto to the persons named thereon, which list is signed and dated by me at the end thereof. ITEM THREE If my spouse, ESTHER M. BUSHEY, is living thirty (30) days after my death, then I give, devise and bequeath all of my estate, both real and personal property, unto my said spouse, absolutely. If my said spouse does not so survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM FIVE hereof. ITEM FOUR In the event my said spouse shall disclaim all or any portion of any devise or bequest made to my spouse under the foregoing ITEM THREE, then the amount otherwise payable shall be held by my Trustee under ITEM FIVE hereof. For purposes of the Trust established under ITEM FIVE hereof, my said spouse shall not be deemed to have predeceased me b}' virtue of maid spou~o's ~ O ,~; exercise of the right to disclaim set forth herein. m~ ~ n' ~ -v ITEM FIVE ~~,'-« ~ := RESIDUARY AND DISCLAIMER TRUS"C nc `- z„ r? Oct My Trustee shall hold the assets received under ITEMS THREE and FO>ereof, ~any,f?' cn c~ for the following purposes: 0 a~~ R.W.B. »~ c; _;~; -l c~ > c-, ~? ~i C'~, m ~O Page 1 of 7 Pages A. My Trustee shall pay the net income, at least quarter-annually, to my spouse, ESTHER M. BUSHEY, for life. In addition, my Trustee in my Trustee's sole discretion, may invade the principal of the Trust for the proper and adequate support of my saidl spouse. B. My Trustee shall further pay to my said spouse, annually, such sum from the principal of the Trust as my said spouse may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollazs ($5,000.00) or five percent (`_i%) ofthe aggregate value, at the time of said request, of the principal of the Trust hereunder. C. Upon the death of my said spouse my Trustee shall distribute the principal of the Trust to my children, CAROL M. FUCHS and RICHARD D. BUSHEY, in equal shazes, absolutely. D. In the event that any of my said children shall fail to survive my spouse and me, but shall leave issue surviving, then such deceased child's shaze shall be helCl by my Trustee and the net income therefrom shall be used for the support, maintenance and education of the issue of such deceased child. My Trustee shall use as much of the principal as it shall deem desirable for said purposes. My Trustee shall distribute absolutely the principal of such share of such deceased child to the issue of such deceased child per stirpes as each shall attain the al;e of thirty-five (35) years. In the event that any of my children shall fail to survive my spouse and me and not leave issue surviving, then such deceased child's share shall be added to the shaze ofm.y other child as iforiginally a part thereof. ITEM SIX POWERS OF EXECUTRIX AND TRUSTEE In addition to the powers conferred by case law,'by statute, and by other provisions hereof, my Executrix and Trustee and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution. A. To retain any property of any nature received by them fer whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but n.ot limited to, stocks, bonds, ' `~ R.W.B. Page 2 of 7 Pages common trust funds, securities, accounts or certificates of deposit of the'Crustee) or other property, real or personal, as in their discretion they shall deem proper, without regazd to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any paR of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) yeazs or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to bonow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance ofthe status ofany beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similaz chazges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the mazket value; of the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the shaze distributed to any distributee to be composed of property similaz to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; ~~ R.W.B. Page 3 of 7 Pages J. 'I'o invest in endowment, insurance or annuity policies on the lives ofbeneficiazies of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust cra;ated hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts aze payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: 1. Directly to such beneficiary; 2. To a legally appointed guazdian of such beneficiary for the benefit of such beneficiary; To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a full and complete dischazge ofthe fiduciary(ies) hereunderto the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. R.W.B. Page 4 of 7 Pages P. To employ agents, attorneys and proxies and to delegate Ito them such power as my personal representatives and Trustees consider desirable and to pay reasone~ble compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SEVEN PROTECTIVE PROVISIONS All income or principal held for the use and benefit ofthe beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM EIGHT APPOINTMENT OF EXECUTRIX AND TRUSTEE I nominate, constitute and appoint my spouse, ESTHER M. BUSHEY, as Executrix of my estate. In the event that my said spouse shall predecease me or fail to act as Executrix, then I appoint my children, CAROL M. FUCHS and RICHARD D. BUSHEY, or the survivor ofthem, as Executor of my estate. I nominate, constitute and appoint my spouse, ESTHER M. BUS HEY, as Trustee of any trust created hereunder. In the event that my said spouse shall fail or be umvilling to continue to act as Trustee, then I appoint my children, CAROL M. FUCHS and RICHARD D. BUSHEY, or the survivor ofthem, as Trustees of any trust created hereunder. ITEM NINE WAIVER OF BOND I direct that neither my Executrix nor my Trustee, or her successors, shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be L~~"f.~ R.W.B. Page 5 of 7 Pages required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this ~~ day of ~ ,~i40 i ~~~~~~ ~ EAL) Richazd W. Bushey SIGNED, SEALED, PUBLISHED AND DECLARED by the above-nazned Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. Page 6 of 7 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND --~ We, Richazd W. Bushey, Ivl~ 1~• ©`TTU ~ ,and J 1NA ~.02 2 is o r) ,the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declaze to the undersigned authority that the Testator signed and executed the instrument as his last Will and that the Testator has signed willingly, and that the Testator executed it as his free and vobantary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best ofhis/her knowledge the Testator was at that time eighteen yeazs of age or older, of sound mind and under no constraint or undue i~afluence. ---~~~ "" T tat Witness ~ Witness Subscribed, sworn to and acknowledged before me by/Richard PJ. B~us-h~e/y, the Testator, and subscribed and sworn to before me by ~VO V . 0 ~~ ! ~ r and /!n!R ~ U,e,Q.asO ,tJ ,the witnesses, this lsi day of U , 2001. Notazy Public NOTARIAL SEAL _ CORRINE L. MYERS, N~4~ Carlisle Boro, Cumber) _~A ,..Commis«nn Fvpres Ma 27, 2 Page 7 of 7 Pages