Loading...
HomeMy WebLinkAbout05-25-05 J PETITION FOR PROBATE and GRANT OF LETTERS Estate of James N. Studer also known as No. c2/ - D5 - 0343 To: , Deceased. Social Security No. 198-44-8135 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner is 18 years of age or older and the executrix named in the last will of the above decedent, dated February 24. 1993. and codicil(s) dated None Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 935 Orr's Bridge. Mechanicsburg. Hampden Two. Pennsvlvania. Decedent, then...2;L years of age, died November 14 , 2004, at Holv Spirit HospitaL East Pennsboro Twp.. Cumberland Countv. Pennsvlvania. 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: None Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 935 Orr's Bridge Road. Mechanicsburg. P A 17050 All personal property Personal property in Pennsylvania Personal property in County $ LOOO $ N/A $ N/A $ 100.000 WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and the grant ofletters testamentary thereon. x .~~ 7n. vf;w~ Kathy M tuder 935 Orr's Bridge Road Mechanicsburg, P A 17050 C) ';~~;~~ , ~.,~.:~ 1"-' , ,"1 p.,," C'i ~ -, - '11' i', 10 L'l'rlir~ ti1:11 tlw IllrOrlnalinn 11L'rl' givell i'i COITlTtly l'UPIL'd II-olll ,1Il original certiricate or death duly riled with me as ,,,,:;:\ I.(Lgi~\r;\l'. ThL' \.wigina\ cl.,rtit'icatc \\.'ill Ix fnrwarded w the Stall' Vital k.l'cords Office for permanent riling. WARNING: It is illegal to duplicate this copy by photostat or photograph. h'l' fur thi" c('[liriL'atC'. ~~.()() 4!'i~~\r~'Qt?ll~ <~/~/ ~ ._"-~~\\ h'~! ~ \"':L- "~ ,'f~i ~~ ""'~% It=1 d -, i~.~' ,,,I ~ ,:::t:..~ \l*~.' .""....... *,,1 1,",%, ~// ';;~~.-9--" ,"~~\9 '(<:~~ IMENT \)'It ~ IIIJ!~ ~'2~!-,f!.!Jl!!J~~ ,i.~ n("(~,,qQ.7 j,. v II,) \.,C' '-', c. " iEM. j} ':jHOULD No. .,. ,co 'O"! .",," REAU tl~ h LL\..In:t:t,. Ilb~ It. ~/-; t2wn-. /~ ~ llb14jH..v2181 ~)~~c;2~~ ~\lOV 1 [)l\l\,' 7004 r.,. (); CERTIFICATE OF DEATH COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALfH . VITAL RECORDS -0 NAME Of DECEDENT (Flrsl, Middle, Last) James N. Studer SEX I1ldle , /l.G.E \liil~ 1'MMa1} BIRTHPLACE (C'ly 1I1ld Stall. or Forelgll Counlryl hicago, IL 1. 52 ,,, . COUNTY Of DEATH CUmberland Co. ... If II IkhD,il\C East Pennsboro " DECEOENT'S USUAL OCCUPATION KIND OF BUSINESS I INDUSTRY (G<vOk"dof,wookdoned'""'i,moot ~afety&IiI.'i'~~u5"o~ntrol insrurance n.. 11~ DECEDENT'S MAILING ADDR 55 (Slr"'el. CilylTown, Slat... Zip Cade) DECEDENT'S 935 Orr I s Bridge Rd. ~~1~6tNCE 16. Mechaniocsburg, PA 1 7050 ~~"6t;:t~~~jS Sll<H fllENI)MBEIl SOCIAL SECURiTY NUMBER ,198 -44 -8135 , " 00,0 R.>i~enoe 0 ::~,ry) 0 RACE.Arn..ricanifldian, Black, Vltllte el (Spaedyl 1&vhite SURVIVING SPOUSE (11",,10, ~". m.i"." namal DECEDENT' EDUCATION MARITAL STATUS - Married (Seol'l-onl h ." ,"""oompl.todl Nev..,Marfle-d,Wdowed. \em'''''''ylSecondo'l' CoVellO DMlfced(SpeClfy) 12. 13,12(0.1<) 4 (1~"'~+) ;;parried 17.. Stal.. Pennsv 1 vania Old 170;. 'ti!9oves, d..cedtlnlllvad III dec..d..nt IIvelna tow,1shlp? 17b. Countv Cumber land MOTHER'S NAME (First. M,ddl.., Malden Surname) 19,Doris Gesler Harold Studer Kathy Studer thy Hampden ~p Patterson 17d.O ~~ho~~':'t~i~~Of ("'~itJo;){Cl DATE OF DISPOSITION o '"l'f6~':1'l\, 2004 21b. ERSON ACTING AS SUCH LICENSE NUMBER Ji'l)-013163-L INfORMANT'S MAILING ADDRESS (Slr....t, CityfTown. SlIIte, Zip COde) ,\lJS Ou's Brid e Rd. ,Mechanicsbur PA170S0 PLACE OF DISPOSITION- Nam.. 01 Cem..t..ry, Crematory LOCATION - C,tyfTowo, Stat.., Zip Cooe ""Ott\<l<PI_ 2y)ate Hill Cemetery To the bttsl of my kflOW'ledg... dealh occlJ{redat the lime, ddl" andpldC<l statlld (SigoatlXeand TIII..j 23.. TIME OF DEATH ".(l .,: 1'5 27. PART I: EIlt.,ll\+IdlH....,loj<o...."'complicl1io+l.whiohC'O"..dll>.d..III. l;.'onl\lon.o.....on..ch~... A. , er Allen 'IWp. ,PA17011 NAME AND ADDFlESS OF fACILITY selman FH&CS 324 Hwnmel LICENSE NUMBER Av DATE SIGNED (MOIllh,Day, Year) 23b, 23c. WAS CASE REFERRED TO A MEDICAL EXAMINER ICORONER? 26. Y>;s 0 No B: P j" /. ,!'-vl< ~-G<Ci:,-'\ ~,~ ko.-heanlail..re o Approx'mate : interval belwee :O\\'i>Blarnl<l..ilIh PART II: Otf1..rsignificilfllcoodltIOnscooUibut'nglodeath.t>ul not r..sull"lg ,n Ih.. "nd..r1y,ng ciluse glveo 10 PART I 0UE10( AS A Cm-lSfO Ittu Seq.l<m\Ia!I~ ~s\COl\dIl\Qr1'i> jl~y,leadi(1glojmmedlllle clIllSeEolerUNDERLYING CAUSE ([);s..ase or il1!ury lhallnll,aled.."..OIS r"SlJillngOn dealh I lAST E ~lC(CPol<SI<CONSeaUENCf;.OFl DUETOIOASACONSEOUENCEOFI Ir"If:RE AUTOPSY FINDINGS MANNER OF DEATH AVA1LABLE PRIOR TO a 0 COMPLETION OF CAUSE Natural iJOlTlic<d.. OFDE'ATH? Accid..nt 0 0 Pendlog 111~esUgat'on v... 0 "o~ v..sO "'0 Suic<d.. 0 COllldnotb..del""nloed 0 GAlE Of INJUR'l' (MonU,o.j,h.rl '" PLACE OF INJURV ".,;I<ko~, ole (Spec;ll') 3110, Alhome,tarm, street, lacto,y, olf,C.. 28.. 28tJ. CERTIFIER (Chack only ooe) 'l~~~~fJ~:GorM~~I;~e.~.6~l.sd~:rh ~~~~m~~u:: t~ ite:~~~~:l:r~~3rnf~~~'i:-lIr. h~~rJ~~~~.,::,.<l.<l.~at~ .al~ .~:':~~~",Ie.d, I.t~ro ?~I, n. .PRONOUNCING AND CERTIFYING PHYStCIAN (physlclao botf1 prooounciog death and certifylrog tu caus.. ot death) TlIth.beatofll1yknow4edge,dealhoccurre<litth.tlme,d..le,indpl~ce,andduelotfleo;auseS(ajiOdloanoerualated, 'MeDICAL EXAMINER/CORONER On tile b.ats of eumlniiltlon iodlor InvesUgitloo, 'n my "pillion, d.~th occurred at tile lime, date, a",j place, and due to tile causes(s) ~nd m.nner'aat~t.d.. 311. REGIST BE. ,""",<Za.'~~' -' W/ldl/vl liME OF INJURY INJURV AT WORK'! DESCRIBE HOWINJUR, OCCURRED Ye.sD N<>O 3Ub. " ", '" lOCATION IStr....t, C,ly{fown, Slalel SIGNATURHNDliTLE o l,b. --').1 L' LICENSE NUMBER ') 0,,, /19C4 I ,,!{L/ '" C" NAME ANOAPPRESSOF PERSON \lliHOCOMPll:TlDCA SED OEAT~1 {Item 27) Type or Pnnl IZo\' ~'I t D, KV)' l t II'; I M(1 o " Z I! 1 .k:,'vf< Iit-< r,,'v .k;.C( (jl nc1( DATE FILED (Monlh, Day. Year) .. ()y.. , . Last Will and Testament OF JAMES N. STUDER .", ~1~ In rendering final stewardship of the property entrusted to me by" the Will and L.. grace of God, I, JAMES N. STUDER, of Cumberland County, Pennsylvarifa, JIBing 0 . sound mind and desiring to make proper provision for the distributiQii of m~,'entire estate, and realizing the uncertainty of this life, and with full confidence and trust in my Lord and Saviour Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul, and knowing that by faith in His sacrifice on the cross for me, I have eternal life, do hereby declare and publish this to be my Last Will and Testament, hereby revoking any and all Wills by me at any time heretofore made. ARTICLE I DEBTS, EXPENSES AND DEATH TAXES 1.01 Debts and eXDenses. I direct my personal representative to pay in the due course of the administration of my estate all expenses of my last illness, and funeral and administration expenses. I further direct my personal representative to pay in the due course of the administration of my estate all of my enforceable debts and obligations EXCEPT debts, if any, that are secured by a mortgage or security PAGE 1 OF EIGHT PAGES ;/' J /1.llJ:;; R , " agreement or other encumbrance. In its discretion my personal representative may continue to pay any installment obligations on an installment basis, or may prepay any or all of such obligations in whole or in part. 1.02 Encumbrances. Any mortgage, lien or other encumbrance upon any property given or distributed hereunder, either outright or in trust, shall be assumed by the person receiving such encumbered property, and my personal representative shall distribute any of my encumbered assets SUBJECT TO the indebtedness and encumbrance upon such assets. 1.03 Taxes. a. I direct my personal representative to pay in the due course of the administration of my estate all estate, inheritance and succession taxes (including interest and penalties thereon) payable by reason of my death with respect to property passing under my Will or any Codicil. b. All such taxes and interest and penalties thereon, payable by reason of my death with respect to other property (Le. property NOT passing under my Will or any Codicil), including, but not limited to, insurance on my life, jointly owned property or U.S. Savings Bonds (however held) shall be charged against the donee, beneficiary, or co-owner receiving such property. 1.04 The above debts, expenses, obligations and taxes directed to be paid by my personal representative shall be paid out of and be charged generally against my residuary estate without reimbursement from any person. PAGE 2 OF EIGHT PAGES , '. .. In any event if it becomes necessary in the discretion of my personal representative to obtain cash with which to pay the debts, expenses of administration, family allowance and taxes, I direct my personal representative to fIrst seek such cash by selling the assets of my probate estate to, or borrowing on the security of such assets from, the Trustee of the JAMES AND KATHY STUDER REVOCABLE TRUST, dated Fe/ b. ) tf ~ . , 1993, on such terms and conditions as may be satisfactory to my personal representative. In the event the residuary assets passing under my Will or any Codicil are insufficient to satisfy such obligations and taxes, the personal representative shall so certify to the Trustee of the JAMES AND KATHY STUDER REVOCABLE TRUST, dated re L. 2 "I 1993, who shall satisfy such from the trust corpus. ARTICLE II 2.01 Familv Status. I declare that I am married, my wife being Kathy M. Studer, referred to in this Will as "my wife," and we have three (3) children of our marriage who are now living, namely: Jason J. Studer, Shelley L. Studer and J. Scott Studer. We have no predeceased children. 2.02 Trust Mn-eement. All references in this Will to "my Trust Agreement" shall be deemed to refer to that certain agreement evidenced by an instrument captioned the JAMES AND KATHY STUDER REVOCABLE TRUST, executed by my wife and me as Trustors and by my wife and me as Trustees, dated F"" el,. 211 , 1993. J C~"L'" '>" S N. STUDER PAGE 3 OF EIGHT PAGES ( .. 2.03 Trustee. All references in this Will to the "Trustee" shall be deemed to refer to the person acting under my Trust Agreement. 2.04 Clarifications. Where applicable, references in this Will to the masculine shall include the feminine and to the singular shall include the plural. 2.05 Survivorship. If my wife and I die simultaneously, or under such circumstances that it is impossible to determine conclusively which of us died IIrst, it shall be presumed, for purposes of construction of this Will, that I died IIrst and she survived me. Any other person who might otherwise be a beneficiary under the terms of my Will shall be deemed to have predeceased me if he dies within sixty (60) days following the date of my death. ARTICLE III I hereby give, devise, and bequeath all of the rest, residue and remainder of my estate, whether real, personal, or mixed, and regardless of where the same may be situated, whether vested or contingent at the time of my death, to the then acting Trustee of said JAMES AND KATHY STUDER REVOCABLE TRUST, dated F"eb, ,~'f , 1993 or its successor, in trust, as Trustee under said Trust Agreement, to be added to said trust estate, and for said Trustee to have and to hold all of the property given unto it under this Will for the uses and purposes, and with the powers, authorities and duties specified therein, including any written amendments thereto or written modifications thereof expressed and set forth at the date of my death. It is my intention not to create a separate or testamentary trust PAGE 4 OF EIGHT PAGES / '-.. /~ f}/1 ~) CC~L"'t.-if ! L 4&(~lf~ N. STUDER " and it is further my intention that said Trust Agreement shall not be subjected to the jurisdiction of the Probate Court. ARTICLE IV 4.01 Appointment of Personal Representative. I nominate, constitute and appoint my wife as personal representative of my estate under this my Last Will and Testament, to serve without bond. In the event that she shall predecease me or shall be unable to serve, I hereby nominate, constitute and appoint my brother, John R. Studer of Hummelstown, Pennsylvania, as successor personal representative of my estate, to serve without bond. In the event that he fails to survive me or shall be unable to serve, then I hereby nominate, constitute and appoint my wife's niece, Dawn R. Meyer of Carlisle, Pennsylvania, as second-successor personal representative of my estate, to serve without bond. 4.02 Powers of Personal Representative. I hereby authorize and empower my personal representative, or any successor personal representatives, to have and exercise all the powers enumerated under the laws of the State of Pennsylvania specifying powers of personal representatives, and all of the powers of my trustees, and all of the following powers and discretions, subject to any limitations specified: to continue to operate any business I may own or operate at my death; to sell, lease, mortgage, or encumber to such persons, at such times, and upon such terms and conditions as in their absolute discretion is deemed proper, any part or all of my property and estate, whether real, personal or mixed, at private or public sale, without PAGE 5 OF EIGHT PAGES '. notice and without authority of, or comrrmation by, any court or person; to hold, manage, retain for so long as my personal representative deems it prudent to do so, and to purchase and sell (including on a margin), assign, transfer, dispose of, receive, invest in and reinvest in securities (which "securities" include common stocks, preferred stocks, investment trusts, certificates of deposit, bonds, debentures, intangible personal property, investments and any other securities of any type, nature or description); to vote securities; and to exercise any stock option, all pre-emptive and other similar rights with respect to any securities; and to exercise generally in respect of all securities all rights, powers and privileges as are or may be exercised by any person owning similar securities in his own right; to maintain a margin account with a stock brokerage frrm, to execute all documents necessary for the opening and maintenance thereof, to borrow money from a brokerage frrm, to pledge securities owned by the estate as collateral and to grant a security interest therein, and to permit the stock brokerage frrm to re-lend these securities in the ordinary course of its business; to make, execute and deliver or accept deeds, assignments, leases, releases, mortgages, or other written instruments desirable or proper to carry out, consummate, and render effective any act or actions done or taken pursuant to the powers and authority granted herein; to petition for administration of the estate without court supervision and if granted by the court, to administer the estate without court supervision; to appoint a resident agent to accept service of process, notices, and other documents, and to me legal notice of such appointment; and to PAGE 6 OF EIGHT PAGES exercise all additional powers that may now or hereafter be conferred on her by law, and all powers that may be necessary to enable her to administer this Will in accordance with the provisions of this Will and subject to any limitations specified in this Will. ARTICLE V I nominate, constitute and appoint my wife, to serve as guardian of my children during the minority of each child. If at any time during the minority of any of my children, my wife for any reason shall not act as guardian of my children, I then nominate, constitute and appoint my brother, John R. Studer of Hummelstown, Pennsylvania, to serve as guardian of my children during the minority of each. If at any time during the minority of any children of mine, John R. Studer for any reason shall not act as guardian of such children, I then nominate, constitute and appoint my wife's niece, Dawn R. Meyer of Carlisle, Pennsylvania, to be substitute guardian of such children. I do not desire that the guardian or guardians of my minor children should incur personal expense for the support of said minor children. The trustee shall disburse funds from the trust created herein for reasonable expenses incurred in accommodation of any children of mine during the minority of each. In the event the Court finds it necessary to appoint a guardian not herein named, then I make the following request of the Court: One, that if I am survived by more than one minor child they be allowed to remain together as a family unit. PAGE 7 OF EIGHT PAGES Two, that said child(ren) be placed where they receive Christian training and upbringing in harmony with my beliefs. Three, that the Pastor of the Church where I am a member at the time of my death, assist the Court by suggesting a Christian family to assume the guardianship of my surviving minor children and that the Court respect such suggestion as fully as permitted under law. IN WITNESS WHEREOF, I, JAMES N. STUDER, herewith set my hand to this my Last Will and Testament, typewritten on 8 sheets of paper (including the attestation clause and signature of witnesses), upon the bottom of each one of which I have also written my name, this "2 4 day of F' .pl!-. " ,1993. Signed, sealed, published and declared by the testator, JAMES N. STUDER, as and for his last will and testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. 'e. RESIDING AT UdIWtJ'j. e.(mnStJlIiUK'~' RESIDINGAT 7J?~ )~ PAGE 8 OF EIGHT PAGES J , STATE OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) I, JAMES N. STUDER, Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. / Subscribed and sworn 0 bef,l?re me, a otary Public, in and for said County and State this '2 4- day of X. , 1993. My Commission Expires: ~/4'/9~ r-;~ o- J S:'~-~::- 1 i'>:i\d~:~,-~""';.:7";SI~' ,',.~" ., aUd ~l c~ /N~ Public ~ ./ . c!tliP{)L;!x Y F (!u IICJ/./ (Printed Name) / Resident of Cumberland County, Pennsylvania j ',;, j <,Li;t.:3 . ", : , STATE OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) We, Jvho. t.M(,l~C\uSu' and \lw~nM.. f,. (n.~( , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of BOund mind and under no constraint or undue influence. ~L'rYt'~ Witn s Subscribed and sworn to before me, aN otary Public, in and for said County and State this J,'if" day of , 1993. My Commission Expires: /;;/:2-1/911 /);', . N~Pu c /l l!/I/aL iiXe L/k Iley (Printed Name) Resident of Cumberland County, Pennsylvania