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HomeMy WebLinkAbout08-31-05 ~. I Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estate of- John R. Druschel No. ~ 1- os -I-'l also known as To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. 177-46-2001 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will ofthe above decedent, dated June 7, , ~ 1985 and codicil(s) dated not applicable (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h_ last family or principal residence at 3901 Chestnut Street, Camp Hill, PA 17011 (list street, number and municipality) Count~, Decedent, then ~ years of age, died August 19, , 20~, at West Chester, Pennsylvania 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: not applicable Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (Ifnot domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value ofreal estate in Pennsylvania situated as follows: not aoolicable $ 25,000.00 $ not applicable $ not apPlicabl~ $ none I WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presen~! herewith and the grant of letters testamentary. ;:i;! (testamentary; administration c.t.a.; admiilist\ation d.b:!!~.t.a.)' - -.-, ,~,.--+ .:;1 C'_~ thereon. ~ . Si~na~re~~ of~iOner~j AAL-"J f. L/~ ,I (/ Residence~) of PetitionerOO: 3901 Chestnut Street, Camp Hill, PA 17011 . ~:I" ~!. \p. f'l,) .$: . I -'11 . ;-h : j (. ) -';f~~ ': (-j . -=-J:'l "l -:~ (":'5 I I I . --I .n . 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 affinn(s) 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 representative(s) of the above' decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirm~d ~~bscribed {X 5~-.~/l ~ Bef9\e me this ~ \ , day of LL~ ,20 ()5 ~1-d1l~1.u;g\~aAo~. .. RegiS~("' . c:t^ '- U No..ll -65--u 777 Estate of John R. Druschel , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW AUgUst: ..3 i 20~, in consideration of the petition on the reverse 'side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated June 7, 1985 , described therein be admitted to probate filed of record as the last will of John R. Druschel ; and Letters are hereby granted to Janice Jean Druschel FEES Probate, Letters, Etc. ............. Will............................. .... Renunciation..... .. . . . . . .. . . .. ., . . . Short Certificates 12 ) ............ J CP . .. .. . .. . . .. . .. . .. .. . .. . . .. . . . . .. . ~t(rl Robert C. May, Esquire 65602 Attorney (Sup. Ct. J.D. No.) 4330 Carlisle Pike Camp Hill, PA 17011 Address $ 60.00 $ 15 n.) $ not applicable $ 8.00 $ 10.00 $ 5.00 $ not applicable $ :.) ri.., ,.ct:., 1t ~:' C..j/'~ .,,-';"'1 C-.~) Automation Fee......... .......... Bond.............................. ... Total Filed AU9U~31 612-0102 Cfi? . () i) I 20~ Phone N .;:- (/) i' e ta ,-., ~ (""J .T1 .T1 ("5 "n 1I11l"iS()"i RFV l/()~ 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. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~:) ~ '~"i 'I:'~h" I:} 0 Q ~ . '=::: '.oJ ,,,,,",j ~dJ 0; ",OlllfN""h'"""", ",'l~ ~\.i" OF PE;;----_. .\.~~'f(-t - ,l~'.. ~'\ t~ ."" . ~'%. ~~( ;. ."p~ ~c:::::>>: -, ~~ ~ '-' "~ '/:b.~ "*~'" " "*f \~ '~.' 4.~l ..rA . ~'\\ ." ~,f &..~....\\ "''''.-..IMENl \\\ ~ 1111'" "J'J'", "'u" fll/ll" I' I I Local Registrar Fee for this certificate, $6.00 ~ ~ j ; AUG 2 2 2005 No. Date ':0 c 1'1 'c-::> ,.~~ \.._,_,1 -"J ~::, ,\,.7 ,-") =}J (-) c'n \;.~; Hl05.144Rav lhll 21 -05-- D'7-?j COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (Coroner) , f"I '". ~.. :. M;n(~I" ';l~;tl STAlE FilE NUMBER SOCIAL SECURITY NUMBER TYPEJPRlNT IN _T BLACK INK UNDER 1 DAY Hours OECEDE:NT" USUAL OCCUPATION jGM~ kll,d oj W{Jfk l1CWII1 'tllrin<.j most of WOrkIng lite: do nol U'>Ill Ghred ) ,.Registered Nurse "0. Health Care DECEDENT'S MAILING ADDRESS (S.rool, CrtyfTowfI, Slale, lip Code) DECEDENT'S 3901 Chestnut Street ~U~~ Camp Hill, PA 17011 ~::=" ,. MARITAL STATUS. Married Never Malried, Widowed, Divorced l$pecilyl Married 15. Janie' ~ Hampden .......... Itvein. Cumberland township? 17d.D ~=~=ot MOTHER'S NAME (First. Middle. Maiden Surname) 11. Alberta Householder INF39ciiWJChe~w~tSl<Sti':'~t":I.~~ Hill, PA 1 ~011 ~~ ~SPOSITION. Name olCemetery. Crematory lOCATION. CityfTown, State, Z"iP,Code lwp. 11.. State II. mHER'S NAME (FIISt. MuUe l a:;lj 1.. Albert E. Drusche1 INFORMANT'S NAME (Tyve!Plin1l Janice Druschel 17b.C cilylboro o w '" :> ': :J .. Removal from State 0 21.. St. Clair Cemetery NAME AND ADDRESS OF FACILITY Jeavanagh Family LICENSE NUMBER 19074 230. TlMEOFOEMH 24. 27. PART I; Enter lh~ t1iseases. ,njurie-!:. or compkations which caused the death, Do list onty one cause on each line 7:06 S.:.L(;,(o II C. "',4 A. 1>;, DUE 10 (OR AS A CONSEQUENCE OF)' ZO. u\pprolllmate : inlerval between ! onset and death DUE 10 (OR ASA CONSEQUENCE OF) DUE 10 (OR AS A CONSEQUENCE Of). d WERE AUTOPSY FINDINGS AVAILABLE PRIOR 10 COMPLETION OF CAUSE OF DEATH? TIME OF INJURY \)~f-"4 "-0rp <;v,(:'.... MANNER OF DEp;f"H DATE OF INJURY (Month, Day. Year) INJURY I1J WORK? DESCRIBE HO\N II'tJUR OCCURRED Natutal ~ o [] Homicide o o 30L _. M. o ~~~~~::;!~tt home. farm, street, factory, office 300. .... Yo, ,)I... No U Accident Pending Investigation 28b. SUicIde ... Could nol be determIned CERTIFIER fCll",;k "Illy""") 'CERTIFYING PHYSICIAN Wily.", :;...' u'fhlyilllJ r:i\IlS{; 01 ,Jeatl, wl'erl ar.o.I'el phV':IC,an bl1~ [)f{....lOllflcecJ tlealh and completed Item 21) Tolhe best of my knowledge, death occ:urred due lDlheeau.....)and manner_stalH. . o ... Z w lil o w o ... o w " ~ 'PRONOUNCtNG ANI) CERTIFYING PttYStClAN iPhyS>('~an hoth pfOl101.Hlr.mg dealt, ;!lId cerlilYUl!J 10 cau!>e 01 dealh) To thebe>sl 01 my know\f;odge. dealh occurred lit the l~. d.le. and pa.ce, and due Iothealuse(a) and manner.. slated.. ... o 31.. 3'"- NAME AND ADDRESS OF PERSON WHO COMPLETED CAU EATH (Item 27) Type '" P,lnt JOHN WANC ET 37 WEST MARKET STAE WESTCHESTER. PA 19382 32. DATE FILED (Month, Oay. Year) )-,>>,O~ 'MEDICAL EXAMINERJCORONER On the basis of examination and/or Investigation, In my opinion. death occurred at the time, date, and place, and due to the cauae(s) and manner as stated. , . .. ......._ _.'. ......... ..... ...... ........ ,............................ ..... ...... ..... 31.. AE::GISTRr.." .5 51, GNATUAE AND NUMBEAQ.." I ). ~,;j ):JCtl - \ . 34. ~ ~ , ~ -:::) ~ .... '1 \J \t- I 1li~!it Ilill ~ttb Q[tsl&ttttttt OF JOHN R.DRUSCHEL I, JOHN R. DRUSCHEL, of the City of Greensburg, County of Westmoreland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. 1'-,.) 1:'--;::' ,-~:) ;:-~ .71 I ~ :.; ',') FIRST " ..,./' '. 'J 'I -'- I ,:..) . . .' .,') :' "') '1 -. - -J bE{ ~ I direct the payment of my expenses of my last illn~ss anq. funeral from my estate as soon after my death as conveniently 'Way ,-.> \. ) done. If there be no cemetery lot available for my interment~ed by me at the time of my death, I authorize my personal representativE to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate, in such amount as she shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable, for the purchase, erection and inscription of a suitable marker for my grave. Pave One of Nine Pages ~ i r::::J '\'"' '" ~ '" \) II Last Will and Testament of John R. Druschel SECOND I give, devise and bequeath all the rest, residue and remainder of my property, whether real, personal or mixed, and wheresoever situate, together with all insurance policies thereon, unto my wife, JANICE JEAN DRUSCHEL, if she survives me by sixty (60) days. THIRD In the event that my wife fails to survive me by said period of sixty (60) days, I then give, devise and bequeath all the rest, residue and remainder of my property to my father, ALBERT EUGENE DRUSCHEL, in trust, however, to act as trustee upon the terms and conditions as set forth below, said trustee is to serve without bond. The trust hereby created shall be held, administered, and distributed in the following manner: A. I direct trustee to payor apply so much of the net income and principal of this trust to the support, maintenance, and education of any of my children who have not reach twenty-three (23) years of age as in the discretion of trustee seem necessary for the proper support, maintenance, and education of such children. In making any payment or application, I direct that trustee take into consideration other resources and income of my children. I direct trustee to accumulate all Page Two of Nine Pages ,\ ~ ( .. '" ~ ~ i \r-- , Last Will and Testament of John R. Druschel undistributed net income of the trust property and add it to the principal. In exercising its discretion in making such payments of net income or principal, trustee is not limited to making equal distribution to all the beneficiaries, but may make such distributions, con- sidering the balance remaining in the trust and the estimated future requirements of the beneficiaries, as appear necessary under the circumstances. Trustee shall charge support payments made under this provision against the trust estate, rather than against the ultimate distributive share of the beneficiary for whose benefit the support payments are made. B. When my youngest surviving child has attained the age of twenty-three (23) years of age, I direct the trustee to divide the trust estate into a number of shares equal to the number of my living children and deceased children having surviving issue. I direct trustee to divide the shares, giving one share to each living child, and one share to the surviving issue of each deceased child, per stirpes. Page Three of Nine Pages I ~ ~ '\ " .., ,-::::) ~ ~ ~ II Last Will and Testament of John R. Druschel C. The term "education" as used in the trust provision of this will includes both college and postgraduate study. by the beneficiary concerned at an accredited institution of his choice. Distribution by trustee from the trust of amounts for "education" shall include reasonable living and travel expenses of the beneficiary concerned. FOURTH I direct that no trustee, executor, guardian, or other fiduciary, named, nominated or appointed in this, my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. FIFTH My executors and trustee shall have the following powers in addition to those vested in them by law and by other provisions of this will, applicable to all property real, personal, and mixed and wheresoever situated, including property held for minors, whether principal or income. exercisable without court approval, and effective, with respect to each item of said property, until actual distribution thereof: Page Four of Nine Pages '\ J /~ ~ i ~ II Last Will and Testament of John R. Druschel A. To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principle of diver- sification, and to purchase and acquire real or personal property retained or acquired without making the same productive of income. B. To permit the children, or any of them, to occupy any real estate retained or acquired upon such terms and conditions as my trustee shall deem proper. C. To pay all taxes, charges, and expenses of maintenance, upkeep, improvement, development, protection, preservation, and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said trustee shall determine. D. To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or shareholder in any corporation; and Page Five of Nine Pages 1 LG I ~ i \t II Last Will and Testament of John R. Druschel to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court and without any responsibility to the buyer or buyers to see to the application of the purchase price, any real or personal property, or, portion or portions thereof, irrespective of the manner or means by which the same was acquired by my said trustee. E. To make any payment or distribution herein provided for in cash, kind, or partly in cash and partly in kind, at valuations fixed by my trustee at the time of distribution. SIXTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to the said children, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, alienation, assignment, attachment, and pledge and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from Page Six of Nine Pages ~ d ~ 1 Last Will and Testament of John R. Druschel anticipation, assignment, pledge, or obligation of any beneficiary, and shall not be subject to any execution or attachment. SEVENTH In the event my wife and I should die in a common disaster or under such circumstances which do not afford sufficient evidence as to who is the survivor, it is my intent that I predeceased my wife. EIGHTH In the event my wife predeceases me, I appoint my brother, WILLIAM ALAN DRUSCHEL, of Rockingham, North Carolina, as Guardian of my minor children, JOHN PAUL DRUSCHEL and JASON ALAN DRUSCHEL. In the event said WILLIAM ALAN DRUSCHEL fails to qualify as such Guardian, I appoint my sister-in-law, CAROLYN K. HOFFMAN, of Alexandria, Virginia, as Guardian. In the event said CAROLYN K. HOFFMAN fails to qualify, I appoint my brother, RODNEY EUGENE DRUSCHEL of Lancaster, South Carolina, as Guardian of my minor children, JOHN PAUL DRUSCHEL and JASON ALAN DRUSCHEL. NINTH I nominate, constitute and appoint my wife, JANICE JEAN DRUSCHEL, Executrix, of this, my Last Will and Testament, but should my said wife fail to qualify as such Executrix, I appoint my father, ALBERT EUGENE DRUSCHEL, as Executor. In the event said ALBERT EUGEN DRUSCHEL fails to qualify as such Executor, I appoint my mother, Page Seven of Nine Pages ~ , Last Will and Testament of John R. Druschel , " ALBERTA MARIE DRUSCHEL, as Executrix. In the event ALBERTA MARIE DRUSCHEL fails to qualify, I appoint my brother, RODNEY EUGENE DRUSCHEL, as Executor. TENTH In the event my father, ALBERT EUGENE DRUSCHEL, fails to qualify as Trustee, I hereby appoint my mother, ALBERTA MARIE DRUSCHEL, as Trustee. In the event my mother fails to qualify as Trustee, I appoint my brother, RODNEY EUGENE DRUSCHEL, as Trustee. ELEVENTH I have intentionally omitted to provide for all my heirs at law or other relatives who are not specifically mentioned herein. I hereby specifically disinherit any person claiming to be my heir at law except as otherwise specified in this will. Page Eight of Nine Pages L?st Will and Testament of John R. Druschel IN WITNESS WHEREOF, I have hereunto set my signature to this, my Last Will and Testament, consisting of nine (9) typewritten pages, thE first eight (8) of which bear my signature in the margin for the purpose of identification, this L day of r' ,1985. C:::J;-/~ /t. ;) /LAA4-c;L~ [ SEAL] r~HN R. DRUSCHEL SIGNED, SEALED, PUBLISHED and DEL CARED by the above named Testatrix, JOHN R. DRUSCHEL, as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. .~ .l~ Address: /:1-.2: O/~~J1:d. 4~1 4. /J?/j I .>/"' f/ . - . / /. ) ,,/ ~ /, i~1'--'),-<4dJ~'\ /5 ~ t~th/1/Y:na/Y,. JI. :xJ~~t.4~f:, / il/1 },; i,,{) / Page Nine of Nine Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) ) ) ss: COUNTY OF WESTMORELAND I, JOHN R. DRUSCHEL, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified accord- ing 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. ~;t J~ S~DRN to and subscribed J//iL I-- day . 1985/ DENISE L. Kt'>lOX, i.:o.ary Public Greensburg, \Vestmoreland County My Commission Expires March 5,198B A F F I D A V I T COMMONWEALTH OF PENNSYLVANIA COUNTY OF WESTMORELAND ) ) ) ss: WE, DENNIS J. GOUNLEY and KRISTEN L. SCPALLER, the witnesses whose names are signed to the attached or foregoing instrument, being duly sworn according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that JOHN R. DRUSCHEL executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. .--;)(2 . J ~~ , d~ . <,/./' . .----! . t7~. ivt'i" . " '.' ~ l ./ .,). _ \. ,,/ ,'/' /1/ 7:-vUiL4v--J v' /L "r CiCl-.e0!/L SWORN to and subscribed before m, this ~~~y o~.._~ ..~?-I/~~ ...// , 1985. ,t'- ,/ DENISE L. KNOX, Notary Public Greensburg, 'vVestmoreland County V.v,,"=,'r,--i;c,i n hoir0" /lkrch 5,198[;