HomeMy WebLinkAbout10-27-05
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PETITION FOR PROBATE and GRANT OF LETTERS
621-05-0~c I
ESwreof John J. Draksler
also known as
No.
To:
Register of Wills for the
. Deceased. County of Cumber] and in th
Social Security No. 1 64- 34- 6456 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executr i x
in the last will of the above decedent, dated Augus t 16,
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland
his last family or principal residence at 11
Camp Hill, PA
(list street, number and muncipality)
Decendent, then
~ ~.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adop ed
after execution of the will offered for probate; was not the victim of a killing and was never adjudica ed
incompetent:
Decendent 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
Vaiue of real estate in Pennsylvania
situated as follows:
$ 15'000.00
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil s)
prf'<:ented herewith and the grant of letters Te stamen tar
(testamentary; administration c.I.a.; administration d.b.n.c.1. .)
theron.
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Jennifer J. Lepley
4121 Kittatinny Drive
Mechanicsburg, PA 17050
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA I s~
COUNTY OF CUMBERLAND J ~
The petirioner(s) above-named swear(~) or affirm(s) that the statements in the foregoing petition a e
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represe -
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to la
C/t.c) Lr~
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swo.rn to or aff~. ~ SUb..scribed {--.l(
before me this day of
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No. <::J\-O 5 - aCje:') i
Estate of John J. Draksler
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW OMX)h..QA.. C) r-, 2005 , 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 August 16, 2005
described therein be admitted to probate and filed of record as the last will of
John J. Draksler
and Letters Testamentary
are hereby granted to Jenni fer J. Lepley
~ FEES (5.00
Probate, Letters, Etc. ......... $ l pD. 00
Short Certificates( ).......... $:9 () . UD
~ lfIi~Ck;~. ~DO
~l $I{)OD
TOTAL _ $ \\OOu
Filed " L\)..-<??-.!.--:Q.~.... . . . . . .. . . '" ..
0Jjte.~~~~\.rL.VI. v~~
Register of Wills _ p.iJ ~.-~
AotvO ~ flbf-,
Andrew C. Sheely, Esq. 62469
ATTORNEY (Sup. Ct. LD. No.)
P.O. BQx 95,127 S. Market Street
Mechanlcsburg, PA 17055
ADDRESS
(717) 697-7050
PHONE
II
Th;~ "is to certify that t~e .informa~i.?n h.ere. given, is correctly copied, from ~n o~iginal ce:~.ific~t~ of de~th du~tii~ed with
Local Registrar. The ongmal certIfIcate will be forwarded to the State VItal Records OffIce fO! permanent fllllg.
WARNING: It is illegal to duplicate this copy by photostat or photograph. I
me as
1170r7b"'()
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No.
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Fee for this certificate. $6.00
Local Registrar
p
OCT 0 ~a 2005
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Rev _ 2187
COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
SEX
2.
t Yln I e..
STATE FILE NUMBER
SOCIAL SECURITY NUMBER
DAlE OF DEN lMcnltl, Oa~. '~a"
4.10"3C6
3. It.c'f - 3if. - ltlf--51""
5.
COUNTY OF DEATH
BtRTHPlACE (C,ty and PLACE OF D€1J'M ICt>eck 0l"'1y Ol'e ~- -;ee ,nSlrucllOnS on 0Ih@. SIde)
Slale 01 Fcre'gn Coonl'.,., HOSPITAL:
Johnstown, PA Inpalionl 0
7. ...
FACllfTV NAME (\~ l'l()I \~~11Of', Qlve streel ",nd I"umbeft
01..... 1-h.'6P,tc:
(Spec'fy, E?J \-k.u.Se.-
.oean Indian. Black, White. 81c.
Dauphin
DECEDENT'S USUAL OCCUPATION
(Give kll"ld 01 wotk dOne durlnQl'T'lOSt
at working liIe; do not use rellfeo,)
. ".. 'Ke.:O:()Urc.c: Anal t- llb.State Government
DECEDENT'S M1JUNG AODRESS (SIree!'. CitylTowo. Stale. Zip Code\ DECEDENT'S
ACTUAL
RESIDENCE
(See tnsInJCllOl"l5
on olher sldel
lb.
k.Susquehanna Twp.
KINO OF BUSINESSlfNDUSTAY
11.. Slale
Pennsylvania
DO.
-
Hve ir18
Cumberland -;p' 17d.D :;,:::='::::0'
MOTHER'S NAME (Filst. Middle. Matden Surname)
19. Joan t:.a I/o..r 5
INFORMANT'S ....AllINQ ADDRESS (Street CityITown. Slate. Zip Code)
2Gb. 4121 Kittatinny Drive, Mechanicsburg,
PLACE OF OlSPOSfTlON. Name of c.metery, CremalOf")' lOCAllON . CilylTown, Slate, ZIp
Or Othef Place
.....
1107 Rana Villa Avenue,Apt 6
Cam Hill, PA 17011
1..
FMHER'S NAME (First. Mo(ldle. lasr)
~ Jose h Draksler
INFORMANT'S NAME (TypwPrinl)
2~. Jennifer J. Lepley
METHOD OF DISPOSITION
Buna. 0 C'.mo,ion 0 "-..... SI.'. 0
OIlier (Spectty\
17b. County
citylbom.
October 4, 2005
lICENSE" NUMBER
221>. FD 012 848 L
To IN best of my knowledge, death occurred a' the- time, datil and place Slaled
(Signalure and Titlel
21c.
, PA 17088
nc.
7070-0431
"ems 24.28 must be completed by
pentOn who pronounces death.
IllUEDlA1E CAUSE (Final
dlsease or conditiOn
'esuIIing If'l dealh)---+
,j~~ 0( \rn u\;v> (Q1J
10 (OA AS A CONSEOIJENCE OF):
Co ~ leA
~I.-,j..,
,e1v.e"
>C.
. Approximat.
: intervaJ berwMn
I onset and death
L-1\eJQ.)J~,,~, !
o
Sequentially ttst condit;ons
if any, INding to immedial.
cause. Enl... UNQERLYUfO
CAUSE (Disease or InlUfy
IhaI initialed events
le!UbnQ W'I aeath) lAST
b.
DUE 10 lOA AS A CONSEQUENCE OF):
DUE 10 lOA AS A CONSEOUENCE OF).
WillS.AN AUTOPSY
PEAFORMED?
.
WERE AUTOPSY FINDINGS
AVAILABlE PRIOR 10
COMPLETION OF CAUSE
OF DEATH?
MANNER OF DEATH
Natur.1
\8j
o
o
DATE OF INJURY
(Monltl. Day. Year)
TlUE OF INJURY
INJURY IJ WQAK? DESCRIBE HO'N INJURY
Homicide
o
o
o ~CE OF INJURY. At hom..lan:~;eet. lactory, o1ftce
building, ett'.ISpectfvl
300.
Y.. 0 ",,0
Accident
Pendtr\g Inves.llgatlon
.....0
No [Zj
Y.. 0
NoD
Suicid.
Coutd not be detennlned
M. 30e. 3011.
LOCHION (Street CityiToWf1. Stalel
2aa. 2'b,
CERTIFIER (Check only one)
.CEATtFYIMG PHYSICIAN \PhySlt.an cet"ld'Of'lg cause of dealh when another phYSICiBn has prClnOlJnced dealh anCl completed !lem 23)
To the beet of my knowktdo-, de.th occurred d_1O Ihe cau-.(s) and manMr.. stated. . . . .
29.
o
. PRONOUNCING AND CER11FYING PHVSICIAN (PhysICian both ;)ronounc,ng death and certllylI1g to cause 01 deathl
To the bftl ot my knowled~f'!, death occurred at lhe time. dale. and place, and due to theUUH(a) and manner as staled..
o
'MEDlCAl EXAMINER/CORONER
On then.",s of ellamlnallon and/or investigation, in my opinion, death OCcurred at the lime, da1e, and place, and due to rhe causeCs) and
m.nner as sta1ed.. .
31..
REGISTRA
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LAST WILL AND TESTAMENT
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I, John Joseph Draksler, of 1107 Rana Villa Avenue, Apt. 6, Camp I!ill,PA
1"'-'
Cumberland County, Pennsylvania, being of sound and disposing mind, merm: ry and
of
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John Joseph Draksler
understanding, do hereby make, publish and declare this my Last Will and Testament hereby
revoking any and all prior wills and codicils thereto by me at any time heretofore made.
FIRST
I direct that all my just debts and the expenses of my last illness and funerall hall be
paid from the assets of my estate as soon as practicable after my decease.
I authorize my personal representative to expend funds from my estate, n such
amounts as my personal representative shall consider necessary and desirable, for the
purchase, erection and inscription of a suitable marker for my grave.
SECOND
I give and bequeath all automobiles, household effects and other tangible personal
property, including cash or securities, owned by me at my death, together with all po icies of
insurance thereon, to my daughter, Jennifer J. Lepley.
PagE 1 of 7
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THIRD
I give, devise and bequeath the residue of my estate, of every nature and w
situate, to my daughter, Jennifer J. Lepley, providing that she is living on the sixtiet (60th)
day after the date of my death. In the event my daughter, Jennifer J. Lepley, is n t living
on the sixtieth (60th) day after the date of my death, then I give, devise and beque th the
residue of my estate, of every nature and wherever situate, in equal shares her desce dants,
per stirpes.
FOURTH
In the event any beneficiary who is entitled to a share of the residue under Ite Third
has not yet attained the age of twenty-one (21) years at the time for distribution to him or
her, then I give, devise and bequeath the share of each such beneficiary to my rustee
hereinafter named, IN TRUST, nevertheless, upon the following terms and conditio s:
A. The income and so much of the principal as may, in the sole disc tion of
my trustee, be necessary for the maintenance, support, medical ex enses,
and education of the beneficiary, shall be paid to the beneficiary
be applied directly for his or her benefit.
B. Any income not so paid or applied shall be accumulated and a
such beneficiary's share of the trust estate.
C. Any income and principal remaining in such beneficiary's share of the
trust shall be distributed to such beneficiary when he or she atta"ns the
age of twenty-one (21) years.
Page! of 7
D. In the event any such beneficiary who has not yet attained th age of
twenty-one (21) years at the time of my death dies before distrib
his or her entire principal share, then such share shall be distri uted to
such beneficiary's then living descendants, per stirpes, absolute y; or in
default of such descendants, it shall be distributed in accordan e with
Item Third of this WilL
E. Any income or principal payable to a beneficiary under this Item Fourth
may be accumulated or expended for the maintenance, support, edical
expenses, or education of such beneficiary as the trustee, in
discretion, may determine. My trustee may, in her discretion,
said income or principal directly to the beneficiary, to the person having
the care or control of such beneficiary, or to any institution ent tied to
such payment by reason of services rendered to or to be rendered to said
beneficiary, without the intervention of a guardian.
FIFTH
All principal and income, until actual distribution to the beneficiaries, shall be free of
the debts, contracts, assignments, alienations and anticipations of any beneficiary, nd the
same shall not be subject to any levy, attachment, execution or sequestration.
Page 3 of 7
SIXTH
I direct that all taxes that may be assessed in consequence of my death, of w atever
nature and by whatever jurisdiction imposed, shall be paid from my residuary estate a a part
of the expenses of the administration of the estate.
SEVENTH
My personal representative and trustee shall have the following powers in add"tion to
those vested in her by law and by other provisions of this Will:
A. To retain any or all assets of my estate, real or personal, without regar to any
principle of diversification, risk or productivity.
B. To invest in all forms of property as my fiduciary may deem proper, ithout
regard to any principle of diversification, risk or productivity.
C. To purchase investments at a premium or discount.
D. To exercise all rights of a security holder or shareholder in any corpora ion; to
give proxies; to join in any merger, consolidation, reorganization, votin trust
plan, or other concerted action of security holders; and to delegate discre ionary
duties with respect thereto.
E. To sell at public or private sale, to exchange or to lease, for any period 0 time,
any real or personal property, and to give options for sales, exchanges or eases,
for such prices and upon such terms or conditions as they deem proper.
F. To allocate receipts and expenses to principal or income, or partly to each, as my
corporate trustee thinks proper.
Page 4 of 7
G. To borrow money from my corporate fiduciary or others and to mort age or
pledge any real or personal property as security therefore, in th ill' sole
discretion.
H. To compromise any claim or controversy without order of court or consen of any
beneficiary .
1. To exercise any option, right or privilege granted in insurance policies 0]1' arising
from ownership of investments.
J. To join with my daughter, Jennifer J. Lepley, or her personal represent
filing a joint income tax return, and to join in. any gifts made by my daug
gift tax purposes. Any income or gift taxes due on such returns a
deficiencies, interest, penalties or refunds thereon shall be allocated betw en my
estate and my daughter or her estate as my Executor and my dau. hter's
personal representative may agree.
K. To permit my minor children to occupy any real estate retained or ac
upon such terms and conditions as my trustee may deem proper.
L. To make any distribution herein provided for in cash, in kind, or partly'
at valuations fixed by my personal representative or trustee at the t me of
distribution.
M. My fiduciary may, in his or her sole discretion, donate any part or all of my
tangible personal property to any charitable organization(s) which would
from such donation. My fiduciary is then instructed to use the value
donation(s) as an inheritance tax deduction for any inheritance tax return hich
may be required to be filed as a consequence of my death.
Page. of 7
'I
EIGHTH
I appoint my daughter, Jennifer J. Lepley, Executor, of this, my Last ill and
Testament.
NINTH
My Executrix and Trustee shall not be required to post security in any juris iction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my L st Will
and Testament, consisting of seven (7 ) typewritten pages, this 6 th day of August !2005.
,
i
Signed, sealed, published and declared by the above-named Testator, John Joseph Dr ksler,
as and for his Last Will and Testament, in the sight and presence of us, who, at his r quest,
in their sight and presence and in the sight and presence of each other, have hereunto
subscr' d our names as witnesses.
~
Y?~ iJa4Yl rYZvr"-
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND
)
Pag 6 of 7
I, John Joseph Draksler, THE TESTATOR, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW,
DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRU ENT AS
MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AN THAT I
SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES HEREIN
EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY Jo n Joseph
Draksler, THE TESTATOR THIS 16th DAY OF August, 2005.
1
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TV:5pdJ~ I
Notary Public ~
COMMONWEALTH OF PENNSYLVANIA ) r ~.:::..~......-. I
Susquehanna Twp., Dauphin County f
: SS: · My Qlmmission Expires Aug. 'Z7. 2006 l
CO UNTY 0 F CUMBERLAND ) Member. Perv1sylvania Association Of Notaries
WE, Kl~nf t-fi1/YlmU\.-ANDLi~ ffwll1tll'f\THE WITNESSES WHOSE N
SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED AC ORDING
TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AF RESAID
TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST W LL AND
TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED I AS HIS
FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; T TEACH
OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE ILL AS
WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATO WAS AT
THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND U ER NO
CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIB 0 BEFORE ME, THIS 1 th DAY
OF August, 2005. (;tJ 1'-
Witness
, /~ /YLeY
r N~~-
Annika l. Shoemaker, NoIary PubIc
SUSQuehanna Twp.. D8UJ1tiri C<ully
My CommIssion 8<Pres Aug. v. 2m!
Member. Pennsylvania AsSociation Of Notaries