HomeMy WebLinkAbout05-29-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, 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 requests the grant of Letters in the appropriate form:
Joanne Marie Nagle
Decedent's Information
Name: Anna M.Russ File No: 21 -15 w 59(.0
a/k/a: Anna Mae(Camnlese)Russ (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 05/13/2015 Age at Death: 93
Decedent was domiciled at death in Cumberland County, PA (State) with his/her last
principal residence at 329 Evergreen Street,New Cumberland 17070 New Cumberland Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Pinnacle West Shore Hospital Hampden Township Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
if domiciled in Pennsylvania........................ All personal property $ 2,000.00
if not domiciled in Pennsylvania................. Personal property in Pennsylvania $
if not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $ 136,000.00
TOTAL ESTIMATED VALUE $ 138,000.00
Real estate in Pennsylvania situated of 329 Evergreen Street,New Cumberland 17070 New Cumberland Cumberland
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
❑X A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 04/19/2012 and Codicil(s)
thereto dated
(State relevant circumstances,e.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
QX NO EXCEPTIONS❑ EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.; . .n.; . .n.c.t.a.;pe ente I e;Furante absentia;durante minontate
If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. o .
Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been estgish8 as defined C1'1 C 7
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �_ [-)
❑ NO EXCEPTIONSF1 EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse-(ii.aid j)and heirs�a tt ach CJ
additional sheets,if necessary):
Name Relationship Address
� U' l
Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
}
COUNTY OF Cumberland } SS:
Petitioner(s)Printed Name Petitioner(s)Printed Address
Joanne Marie Nagle 43 Rye Lane
Palmyra,PA 17078
The Petitioner(s)above-named swear(s)or affirm(s)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 Representative(s)of the Decedent,Petitioner(s)will well and truly administer the estate according t law.
Swor or affirmed an s ribed before �- `' v Data J� g
me�ti�' ayDate
U�v(>
B Date
or the R ister Date
BOND Required? Yes �No To the Register of Wills:
FEES Please enter my appearance by my signature below:
Letters............................................ $ O (J� Attorney Signature:
(SL-)Short Certificate(s).......... } 6 O
( )Renunciation(s)............... 440, v
( )Codicil(s).........................
( )Affidavit(s)....................... Printed Name: Debra K Wallet
Bond.............................................. Supreme Court
Commission................................... 23989
ID Number:
Other
Firm Name: Law Offices of Debra K.Wallet
Address: 24 North 32nd Street
Camp Hill,PA 17011
Phone: 717/737-1300
Automation Fee.............................
Fax: 717/761-5319
JCSFee.........................................
TOTAL........................................... $ 00' E-mail: walletdeb@aol.com
DECREE OF THE REGISTER
Date of Death: 05/13/2015
Social Security No:
Estate of Anna M.Russ File No: 21 -15 -_5c/4
a/k/a: Anna Mae(Camplese)Russ
AND NOW, -MQ1I ;2!a 100/5 in consideration of the foregoing Petition,
satisfactory proof having be n presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Joanne Marie Nagle
in the above estate and(if applicable)that the instrument(s)dated 04/19/2012
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil ))of Decedent.
R&6ist6rofWilis � /i, �j �r s
Copyright(c)2011 form software only The Lackner Group,Inc. t Pa&2 of 2
l
o _
LAST WILL AND TESTAM MT !�2
' CLj Y r7
OF
ANNA M. RUSS
C.ri
I, ANNA M. RUSS, of New Cumberland, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory, and understanding, do hereby make, publish, and declare
this to be my Last Will and Testament and hereby revoke all other Wills and Codicils that I
have made, including the Will made September 15, 1994.
FIRST: I give, devise, and bequeath all of my Estate, of whatever nature and
wherever situate, in two equal shares, to those of my children who survive me by thirty (30)
days: to my daughter, JOANNE MARIE NAGLE, of Palmyra, Pennsylvania; and to my son,
GREGORY PAUL RUSS, of Cambridge, Massachusetts. Should either of my children fail to
survive me by thirty (30) days, but be represented by children then living, these children shall
take,per stirpes, the share to which my child would have been entitled if then living.
SECOND: If any portion of my Estate shall be payable to a beneficiary who is less
than twenty-one (21) years of age, my Executrix may pay such share to the beneficiary's parent
or guardian, as custodian for said minor, who shall deposit such share in the minor's name in a
Uniform Transfer to Minors' Act account in a savings institution of the Executrix's choosing,
payable to the minor in accordance with that Act.
THIRD: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executrix, even though vested and
5
distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
FOURTH: All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be charged generally
against the principal of my residuary estate, without apportionment or right of reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executrix, of the non-probate assets such as an annuity or
mutual funds are directed to be paid to a beneficiary-or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
FIFTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executrix and her successors, in her absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B. To hold property unregistered or in the name of a nominee.
C. To give proxies, both ministerial and discretionary.
D. To compromise claims.
E. To join any merger, consolidation, reorganization, voting trust plan, or
any other concerted action of security holders and to delegate discretionary duties with respect
thereto.
F. To lend to, and buy from, my estate.
G. To borrow and to pledge real and personal property as security therefor.
H. To sell at public or private sale for cash or credit or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which she believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
foregoing, power and authority to claim administration or other expenses either as income tax
deductions or inheritance or estate tax deductions, without regard to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate taxes, and a deduction of such.expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as she shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. To distribute in cash or in kind or partly in each.
K. To employ agents, legal counsel, brokers, and assistants, and to pay their
fees and expenses as she may deem necessary or advisable to carry out the provisions of this
Will or any Trust.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executrix to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
SIXTH: I nominate, constitute, and appoint my daughter, JOANNE MARIE
NAGLE, as Executrix of this, my Last Will and Testament. In the event of the renunciation,
death, resignation, or inability of my daughter to act for whatever reason in this capacity, then
I nominate, constitute, and appoint my son, GREGORY PAUL RUSS, as Executor of this, my
Last Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of his/her duties in any jurisdiction insofar as I am able by law to relieve
him/her of such obligation. Any of my representatives shall be entitled to reasonable
compensation for the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1q 06 day of
Apr;1 , 2012, on this, the fourth of four typewritten pages. I have also signed the
left-hand margin of the first three of these pages for purposes of identification only.
ANNA M. RUSS
SIGNED, PUBLISHED, and DECLARED by the Testatrix, ANNA M. RUSS, as her
Last Will and Testament, in the presence of us, who at her request, in her presence, and in the
presence of each other, have hereunto subscribed our names as witnesses.
w1��4.a. K. L,1�.Us1' HSV /}I�GJ✓i'GJ 1JC .
ell
17()_57<)
ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, ANNA M. RUSS, Testatrix, whose name is signed to the attached instrument, having
been duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
ANNA M. RUSS
Sworn or affirmed to and subscribed before me by ANNA M. RUSS, the Testatrix, this
1�l day of , 2012.
Notary Publ'
COMMONVVMTH OF PENNSYLVANIA
Notailal Seat
Mary MCM,Notary PUM
camp M Bolo,cwtoftw county
my Ca Ms M t Tn!Nov.15,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
r
AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and rYgj),-Qa WwwjkZ , the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testatrix, ANNA M. RUSS, sign and execute the instrument
as her Last Will and Testament; that she executed it as her free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the
Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that time 18
years of age or older, of sound mind, and under no constraint or undue influence.
Sworn or affirmed to and subscribed before me by 1) Y A (/h I and
Q�ISSA. PU-W I EZ , witnesses, this day of Ap 1 , 2012.
Notary Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary McGill,Notary P&k
Camp HM Bora,WmbwWO Cw*
MY Comftft n Exptres Nov.15,2015
MEMBER,PENNSYLVANIA AssocrATION OF NOTARIES