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HomeMy WebLinkAbout03-21-05 . Register of Wills of Cumberland County Estateof Bk1'fY J. ~~Rf.8-L also known as PETITION FOR PROBATE and GRANT OF LETTERS 21-- 0.5 -025C, No. To: o Register of Wills for the S;; 9 C t fC b I d. th .."',. JJ oun yo urn er an In e.,:J 00 :.., -T" Commonwealth of Pennsylvan~;;; ,~ ";';.7"...". ~) (.;;"." ~:J; , Deceased. Social Security No. I ,~- d.-J.-j- gnss J , The petition of the undersigned respectfully represents that: or,"", .~--"' ~, ,"'~''''> ~.,._~:,~-~:j Your petitioner(s), who is/are 18 years of ~e or older, and the executitl:.. named in the last~~}ofthe ":9 above decedent, dated or c.El'1 B~K I ~ ' 20 0 3".1--\ and codici1(s) dated :~ N r (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in UJM BLRJ/t rv[J I-/AfY)fD/(rJ C;!~:'" Pennsylvania, with he_t'last family or rincjpal residence at /VI ,I) D nf) - ill ~ /'" Jt.rff".flC5>D~ rn 17t>6o (list street, number and municipality) Decedent, then ,3 years of age, died ftlA Ro../ (3 , 20 oS , at HOLY sf~R.r-r f..It:J:;mR L 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: 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: $ $ $ $ en: '7/')(*). /7r) WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) 'f:( Residenc~ petitionjJ;; t:DR./uNA ~ Ff, Lfi f-J-A J J/(J~ Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate accordi0ng to. E?1 Sworn to or affirmed. and subscribed { ~k J J ~JL) Before me this___ 2. I dyof tn A Rr L+ . , 20 o=> jfuJ1MJCWUA~~ vm ~R;1:::rL ~Vl -h J ~ 1F""'~'-1~ No.2J-05~0259 Estate of BEIT'1 3. F 1t'R.R..rd...L , Deceased en QQ' ::l e .., A en '-' DECREE OF PROBATE AND GRANT OF LETTERS',?2c AND NOW MPrRc.H 2...1 2005, in consideration of the petition<~~~e rever~ide hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated ;"' I!:JJ!J O~ , described therein be admitted to probate filed of record as the last will of ~E.TN ~,FARREkL ; and Letters are hereby granted to ~RIf\1J t, FfrR.R.E:Li . \ FEES Probate, Letters, Etc. ............. Will............................. .... 210.00 \5.00 ~lrtll"P ) Reg;s....ofWills 11U~ I Attorney (Sup. Ct. I.D. No.) ~ ~ $ $ Renunciation.... . . . . . . . ... . . . . . . .. . $ Short Certificates ( )............ $ '20 ,00 JCP.................................. $ ---1D. 0 0 Automation Fee................... $ 5.00 Bond.. .. .. .. . . .. .. . .. .. . .. . . . . . .. .... $ Total 5 $ ~ Filed~21 - 20D5.. . Address Phone H 105.805 REV 1/05 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 permanent filing. Fee for this certificate, $6.00 WARNING: It is illegal to duplicate this copy by photostat or photograph. 2./-05 - 02Sq ~/?;~ Local Registrar No. "", C::,) o ,;;;:> ~16~5 :,:, ate. ~"., ...);;~~~ N \'\ p 11335622 ") , '-;>? N .:::- 105.143 Rev. 2/87 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' vrrAL RECORDS CERTIFICATE OF DEATH STATE fILE NUMBER SEX f.emale BIRTHPlACE (Cily end TH Stele or Foreign Country) HOSPITAl, Harrisburg -181 7. la. FACILITY NAME (If not instilution. give street 8I1d number) SOCIAL SECURITY NUMBER 3. 172 -24 In DATE OF DEATH (Monlh. Day, V_) 4. lno..rch \3).;lOO5 Cumberland E. Pennsboro lb. Be. DECEDENTS USUAL OCCUPATION KIND OF BUSINESS I INDUSTRY l';"'=:~,,::""::= US Navy Ships 11.. Data Entr llb. Parts Control DECEDENT'S MAILING ADDRESS (SInIel. CilylTown, Stote, Zip Code) DECEDENTS ACTUAL RESIDENCE (See Inslnlctions on_side) -0 :=..,) 0 RACE - _1_, Block. While, e (SpeQfy) White 10. SURVIVING SPOUSE (ltwj".!ifNe maiden....) 4719 A Charles Rd 1'. h n' FATHER'S NAME (Fnt. _, Lost) II. Harry Shaub INFORMANTS NAME (TypeJPrint) ~.. Brian L. Farrell METHOD OF DISPOSITION . Donotion D BuriolJbl C.......tIon Gemoval from SflIle D . 21a. 0Iher (SpecIfy) . SIGNATURE OF FUNERAL SERVI LI SEE 0 RS T twp. cilylboro. DATE OF DISPOSITION (Month. Day, Year) Mar 18, 2005 LICENSE NUMBER 22b. To the best of my knowledge. death occurred et the lime. dale end place sfllted. (Slgneture _ Tolle) 230, TIME OF DEATH 24. 21. PART I: Entat........... inju..... or cornpUcatkms which cauMCf.... cInI:h. Do hOt en.... the mode 0' dying, luch .. urcll.c or reapfrNory.".... lhocll or lMatt rauen. U.t only OM "UN on uch 11M. DATE PRONOUNCED DEAD (Monlh, Day, Veer) 7~tOOolA. 25. {Y\o.rch 13 laoo~ .. SequenlIaIly hi alndltlons I b. W any,leadIng 1o_1e . cau... Enter UNOERt. YIHG CAUSE (DIIIe_ or Injury c. . !hat Initialed evento resull1ng on deelh ) LAST d. WAS All AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? MANNER OF DEATH Neturel AccIdent ~ D DATE OF INJURY (Monlh. OIly, v....J TIME OF INJURY Homicide PendIng Investigetion D D JOa. JOb. M. D PLACE OF INJURY. At home, farm, street, rectory. oIftce _,elc.ls_l JOe. Ves D No Kl Yes D 2h. 21b. CERTIFIER (Check only one) '~=~~fJ~=.h"s:'1.=~J::::g:~a=:r~.r..l':~~::~~.~~~.~.~~.i!~.~~~................. NoD Suicide Could not be determined 28. 'P:~:~~:;I:r...~=I~~~~H~:.c..~ l~"::'~~';'~~:~::d'::': :'~~u~;;~~~':::~l..r.. .tot.d...................... D k,/j.{V'f I .:Jt)or- DEC-1S-03 11:39 AM STEPHEN J HOGG 245 0926 P.0S LAW OFFICIi. OF ~llU"al!.NJ. HOGG 18 S. HANOVER STREET 8U\lE '0' CARLISLE, PA 17013 LAST WILL AND TESTAMENT OF BETTY J. FARRELL I..D ('.,) .- I, Betty J. Farrell, currently of Cumberland County, Mechanicsburg, Pennsylvania, revoke any prior Wills and Codicils and declare this to be my Will. ITEM 1. I give my household and personal effects and other tangible personalty, together with any existing insurance thereon, in as nearly equal shares as practicable, to my children, Robert G. Farrell and Brian L. Farrell, Karen M. Waltersdorff, Dennis p, Farrell and Wendy J, Dows, subject to the survival provisions and to the trust provisions of my Will for the share of Robert G. Farrell. If there is any disagreement among my children as to who is to receive which items, the decision of my Executors shall be final, ITEM 2. I give all the rest, residue, and remainder of my estate in as nearly equal shares to my children, Robert G. Farrell and Brian L. Farrell, Karen M. Waltersdorff, Dennis P. Farrell and Wendy J. Dows and subject to the survival provisions and to the trust provisions of my Will for the share of Robert G. Farrell. ITEM 3. If any of my children does not survive me by thirty days. his or her share shall lapse and be given instead to my other PfAa.€r loJ 10 o - '!p DEC-1S-03 11:39 AM STEPHEN J HOGG 245 0926 P.09 LAW <l'FICES OF 3TBPIIBN J. ROGG 18S.HANOVERSTREET SUITE t01 CARLISLE, PA 17013 children who do survive me by thirty days, subject to the trust provisions of my Will. ITEM 4. I direct that all my just debts and the expenses of my illness and disposition of my remains, shall be paid from my residuary estate as soon as practicable after my death as part of the expense of the administration of my estate. ITEMS. Notwithstanding any other provision of this Will, I direct that the share of Robert G. Farrell shall be held in trust as follows: Special Needs. In making distributions from this Trust, my Trustee is authorized to consider, my Trustees' sole and absolute discretion, the reasonableness or advisability of making distributions in satisfaction of Robert G. Farrell's special needs. As used In this instrument, "special needs" refers to the requisites for maintaining Robert G. Farrell's good health, safety and welfare when, In the discretion of my Trustee, such requisites are not being provided by any governmental agency, office or department, non-profit organizations, or are not otherwise being provided by any other public or private source. While my Trustee is authorized to consider these other sources, and where appropriate and to the extent possible endeavor to maximize the collection of such benefits and to facilitate distribution of such benefits for the benefit of Robert G. Farrell, my Trustee may also. in the exercise of my Trustees' discretion, disregard these other sources when making fo..~e. ~ otR~r DEC-18-0g 11:g9 AM STEPHEN J HOGG 245 0926 P.10 lAW OFFICE.I OF STEPHEN J. HOGG '18. HANOVER STREET SUITE 101 CARLISLE. PA 17013 \ distributions to, or for the benefit of Robert G. Farrell. Distributions may be made from the Trust Estate without securing prior Court approval. Best Interest Standard. General distributions shall be based primarily on Robert G. Farrell's best interest and in accordance with the terms of this Agreement. No Richl to Direct Distribution. Robert G. Farrell shall have no right to direct a distribution from this Trust to make any provision for his food, clothing and shelter or to direct a distribution from this Trust for any other purpose. Preference. Robert G. Farrell is the preferred beneficiary and his Interests shall be given priority over the interests of any Remainder Beneficiaries. SupDlemental Fund. It Is my Intention to create a special and/or emergency fund for the benefit of Robert G. Farrell and not to displace or supplant public assistance or other sources of support which may otherwise be available to Robert G. Farrell. Robert G. Farrell may have "special needs" such as medical, dental, ophthalmic, auditory care, psychological support services, supplemental nursing or physical therapy care, rehabilitation, medical procedures that are desirable, in the discretion of my Trustee, even though the procedures may not be necessary or life-saving, differentials In cost between housing and shelter for 8 shared or private room in an institutional setting, expenditures for Pa.~ e.2 0 ~J(~ DEC-18-03 11:40 AM STEPHEN J HOGG 245 0926 P. 11 lAW OFFICEI OF Sd~rlU.N J. HOGG 11 S. HANOVER STREET SUITE 101 CARL.ISlE, PA 17013 travel and transportation, companionship, entertainment, cultural and educational experiences, bringing members of Robert G. Farrell's family and other for visitation for his, and similar care which other assistance programs may not otherwise provide. It is my Intent that assets held pursuant to this Agreement are not for the Beneficiary's primary support. They are to supplement the Beneficiary's care only. Trustee may retain the services of a Care Manager and the services of such providers as may be selected by Care Manager from a Primary Care Agency. This list is not meant to be exhaustive, but rather illustrative of the kind of special needs that this trust is designed to meet. My Trustee is authorized to consider these and any other requisites of Robert G. Farrell when making distributions. It Is Important to me that Robert G. Farrell maintain a level of human dignity and humane care. My Trustee should bear this in mind when making distributions from the Trust while simultaneously considering that the Trust is not to be invaded by creditors, SUbjected to any liens or encumbrances, or administered in such a way as to cause public benefits not to be initiated or to be terminated. To the extent reasonable or advisable, my Trustee may deplete the Trust corpus prior to Robert G. Farrell's death, thereby giving preference to the interests of while simultaneously considering the interests of the Remainder Beneficiaries. In considering the interests of the Remainder ffAtJ.e, 4 of. 10 Q - ~O-O- DEC-18-03 11:40 AM STEPHEN J HOGG 245 0926 P.12 ~'tV OIlIlCES 011 S'hw&NJ. HOGG 1t S. HANOVER STREET SUIl! '0\ CARLISLE. PA 171)13 Beneficiaries, my Trustee is admonished to refrain from distributing property of the Trust to or on behalf of Robert G. Farrell which will then be retitled In the name of Robert G. Farrell. My Trustee shall hold title to all property comprising the Trust even when that property is distributed to Robert G. Farrell for his use. My Trustee may liquidate property of the Trust at any time and such property need not be held in the name of Robert G. Farrell. No part of the Trust shall be used to supplant or replace benefits due from any Insurance carrier under any Insurance policy covering Robert G. Farrell. Prior to the death of Robert G. Farrell, my Trustee shall give special consideration to paying any outstanding expenses of administration related to the Trust, including reasonable attorneys' fees, and should further consider purchasing a reasonable burial plan/disposition of remains plan to pay expenses relating to the funeral of Robert G. Farrell. It is the intention that my Trustee provide income in-kind from this Trust, including in-kind support and maintenance, if such distributions are necessary in the sole and absolute discretion of my Trustee. Emercency or Material Change of Circumstances. If there is an emergency or any other condition which my Trustee reasonably believe threatens the life, safety or security of Robert G. Farrell or any material change of circumstance (for example, upon Robert G. Po.~ e. :f. 0 ~~ DEC-18-03 11:41 AM STEPHEN J HOGG LAW OFFICES OF STIPIIEN J. BOGG tl S. HANOVER STREET SUITE '01 CARLISLE. PA 11013 245 0926 P.13 Farrell's security full-time, competitive employment and/or a significant change In Robert G. Farrell's status, or in the laws or regulations affecting him), my Trustee has full and unrestricted discretion to administer this Trust so as to alleviate the condition and address the change of circumstances. In exercising the discretion granted under thIs Agreement, which is of prime Importance in the administration of this Trust. By referring to remainder beneficiaries), I refer to Brian L. Farrell, Karen M. Waltersdorff. Dennis P. Farfell and Wendy J. Dows, those of my other four children who may survive the death of Robert G. Farrell or who may receive outright equal distributions of the remaining principal and income In this trust If Robert G. Farrell dies before the trust assets are expended. ITEM 6. In addition to the powers granted by law or by other parts of this Will, my Executor and Trustee shall have the following powers: (a) To retain any and all assets of my estate, real. personal, or mixed, without regard to any principle of diversification, risk, or productivity, except as may be otherwise expressly provided herein; (b) To sell at public or private sale, to exchange. to lease, to pledge, to mortgage, to transfef. to convert. or othelWlse dispose of. and to grant options with respect to, any and aU DAae {p oflO rlo - ~/Jr DEC-18-03 11:41 AM STEPHEN J HOGG 245 0926 P.14 LAW OFFlCe8 Oil lJllrBBN J. HOGG l' 8. HANOVER STREET SUITE 101 CARI.ISLE. PA 17013 property, real, personal. or mixed, at any time forming part of my estate or trust estate in such manner, at such time or times, for such purposes, for such price or prices and upon such terms, credits, and conditions as may be deemed advisable; (c) To invest and reinvest the trust property In stocks, bonds, mortgages, notes, Insurance policies, annuities, common trust fund participation, or other property of any kind, real, personal, Or mixed, Irrespective of any statute, case, rule, or custom limiting the investment of trust funds, except as expressly provided otherwise herein; (d) To settle, compromise, contest, prosecute, or abandon claims in favor of or against my estate or any trust as may be deemed advisable; (e) To allocate receipts and disbursements to principal or Income or partly to both and to ascertain principal or income In accordance with the laws of the Commonwealth of Pennsylvania; (f) To make distribution or division of the estate In cash. in kind, or partly in both, to postpone distribution by' agreement with a beneficiary and to distribute articles of tangible property to a minor or to any person to hold for a minor within the limits authorized by statute or rule of law: and fo.~e 1 ;t~ DEC-18-03 11:42 AM STEPHEN J HOGG 245 0926 P.15 (9) To exercise any law-given option to treat administration expenses either as income tax or estate tax deductions, without regard to whether the expenses were paid from principal or income, and without requiring reimbursement. ITEM 7. No bond shall be required by my Executor and Trustee, but If bond is nevertheless required, it shall be without surety. ITEM 8. (a) I appoint Brian L. Farrell as my Executor. If Brian L. Farrell either fails to qualify or ceases to act, I appoint Wendy J. Cows as the alternate Executor. (b) I appoint Karen M. Waltersdorff as Trustee of any trust created under this Will. If Karen M. Waltersdorff either fails to qualify or ceases to act, I appoint Brian L. Farrell as alternate Trustee. Executed this J2!!!.. day of JJu, ~h U" , 2003. ~~ <dn/J~' I( Betty J. F r LAW OFFICES Oil STEPHEN J. BOGG " $. HANOVER STREET SUITE 10' n 0" (l I CARLI8LE. PA 17018 ra.~ e ~ Of?iJ:;J-- DEC-18-03 11:42 AM STEPHEN J HOGG 245 0926 P.16 LAWOFFICU OF tl~az.N J. BOGG 18S. HANOVER STREET SU\lE 101 CARLISLE. PA 1701Ct Signed, sealed. and pUblished and declared by the above-named Betty J. Farrell, as and for her last Will and Testament, in the presence of us. who, at her request, in her sight and presence, and in the sight and presence of each other. have hereunto subscribed our names as witnesses. ~~~ D~8~~ P~~e. i oP j~,r DEC-18-03 11:43 AM STEPHEN J HOGG 245 0926 P.l? LAW OFFICES OF S'I.lWl1M J. HOGG l' S. HANOVER STREET SUll! \0\ CARUSL.E, PA 17013 Commonwealth of Pennsylvania : SS County of Cumbertand and ~)XIL~tl('Yc.Y.the Testatrix and th 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 Testatrix signed and executed the instNment as her Last Will and that she had signed willingly (or willingly directed another to sign for her). and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses. in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. We. ~ ~.nJA BETTY J. RELL ' "~r~ Ii( p k Jl n W/,(..bt , itness f (SEAL) ",~:AL ~J:;tary PI;:: 'ie; I ~- :-,:,."1[:,-0 C()unl~'.i '.0. !",-<> '),A ?C'U~' .' ,'! . '..J ,~_ "l', ,-' .. J - -,-" -....... PA~e lkof)Br