HomeMy WebLinkAbout01-31-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of MADELINE R. OSMUN
also known as
No.
To:
~1~O(b-Cq"
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, Deceased
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsy lvania
()
Social Security No. 183-12-3178
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 January 31, 1997 , 20 --
and codicil(s) dated
f'f"" IV ~ t!/
Decedent was domiciled at death in Cumberland
Pennsylvania, with h~last family or principal residence at
1700 Market Street, Camp Hill, PA 17011
County,
(list street, number and municipality)
Decedent, then ~ years of age, died January 11 , 20~, at ManorCare Camp Hill
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after
execution ofthe 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: NONE
$ 1,000.00
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
,-
Residence(s) of Petitioner( s)
Community Trust Company
3907 Market Street
Camp Hill, PA 17011
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
SS:
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 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 affirnled an1J subscribed { '\ .. ;/:!/cJ- a
Before me this .3 ( day of
.:1'Prt-J . ,20 Oll
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Estate of MADELINE R. OSMUN
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW 0 A1-J . \31 20~, in consideration of the petition on tile reverse~lde
hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated
January 31,1997 , described therein be admitted to probate filed of record as the last will of
Madeline R. Osmun ; and Letters are hereby granted to
Community Trust Company
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, Deceased
20 ( CD
15,00
i.oo
10.Ob
5.00
5~,OO
FEES
Probate, Letters, Etc. ............. $
Will ................................. $
Renunciation....................... $
Short Certificates (LJ ............ $
JCP... .. .. ... . .. . . . . ... .. . .. . .. . .. . .. $
Automation Fee................... $
Bond................................. $
Total $
Filed~ ..-(31 - 2r1JfJ2
Attorney (Sup. Ct. I.D. No.)
Address
Phone
H j(1)),O) REV I/(})
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.
No.
t2wn- -t'""., c:::t-:'
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Local Registrar !
Fee for this certificate, $6.00
p
12224054
JAN 1 2 2006
Date
Rev. 01106
'RINTIN
ANENT
;KINK
1 Name 01 Decedent (First. middle. last)
Madeline R. Osmun
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
STATE fiLE NUMBER
22 1918
3. Social Secur~y Nurrber
183- 12
4. Dale 01 Dealh (Month. day, year)
January 11,2006
87 v"
Bb. County 01 Death
7. Dale 01 Birth Month,da ear
e. Birth lace C" andstaleorfol"e
5 Age {Laslbirtllday)
Cumberland
Camp Hill
Other:
CI ERIOut lienl a DOA :Hi Nursin Home 0 Residence a Other - S i
9. ~N~ec~en~~~ ~I~::s~~p~~;buban, 10. \~=:.erican Indian. Black, Whrte, elc.
Care Health Services Mexk:an. Pu.rto Rk:ao,,'c.1 White
16.
12
13, Decedent's Education S eci on hi hest rade co leted
ElementarylSecondary (0-12) College (1-4 or 5+)
12
14. Mar~al Status: Married, Ne\ler married. 15. Surviving Spouse (II wife, give maiden name)
Widowed. DrmTced (Specif}1
Widowed
1 11. Decedent's Usual Gec alion Kind of work done durin
Kind 01 Work
17a. Slate
Pa
Cumberland
Did Decedent
liveina
Townsh,,?
17c.O
17d.~
Yes, Decedent lived in
T"'Il.
1700 Market Street
16.
17b. County
No, DecedenlUved w~hin
Actuallimilsol
Camp Hill
Cily/8oro
19. Mother', Na....i1~'r'1~.1it~Uyir\ski
20a. Informant's Name (Typelprinl)
Neil C. Osmun
2Ob. Informant's Mailing Address (Street, CityIlOWTl. slate, zip code)
170 Fickes Road Dillsburg,Pa 17019
21c Place of Dispos~ion (Name 01 cemetery, crematory or other place)
21 d. location (Cityllown. stale. zip code)
o Removal from State
a Donation
Complel e 23a-c only when certilying
physi:ian is nol available at time of dealh to
certily cause 01 death.
Items 24-26 must be compleled by person 2-4.
. who pronounces death.
emorial Park Cam Hill Pa
1903 Market Street
Funeral Home rnc Cam Hill, Pa 17011
23c. Dale Signed (Month. day. year)
>",\ct "L II .2 C ( t
Approximate interval:
onset to death
o Yes I( No
Part II: Enter other sioniflcant conddions contributina 10 death,
but not resuKing in the underlying cause given in Part I
28. Did Tobacco Use Contrcute to Death?
aYes a~1y
o No~Unknown
29. 11 Female'
o Not pregnant within past year
a Pregnant at time of death
o Not pregl\ant, but pregnant within 42 days
of death
a Not pregnant. but pregnant 43 days to 1 year
before death
a Unknown if pregnanl w~hin the past year
32c. Place of Injury: Home, Farm, Street, Factory, Office
Building, etc. (Specit'yl
IMMEDlATE CAUSE (Final disease or
condition resulting in death) -7 a.
Due to {or as a consequence o~:
Sequentially list conditions, if any,
leading 10 the cause listed on line a
- Enter the UNDERl YmG CAUSE
. (disease or injury that initialed the
events resulting in death) LAST.
b.
Due 10 (or as a consequence o~:
c.
Due to (or as a consequence o~:
3Oa. Was an Aulopsy
Perlormed? /
aYe~o
d.
3Ob. Were Au10psy Findings
Available Prior 10 C~letion
0'Causeo~7
a Yes YNo
32d. Time of Injury
32e. Injury atWor1<:?
aYesONo
321. II Transportation Injury (Specif}1
a Driver!Clperator 0 Passenger
o Pedestrian 0 Other - Specify:
33b. Signatur of
~-'-~4t
o Suicide
eath
o Homicid&
a Pending In\lestigation
a Could Not Be Determined
32a. Dale 01 Iniury (Month, day, year)
32b. Oescribe how Injury Occurred:
M.
I~I / 10<' 1/ y' I
/
(See instructions and examples on reverse)
~~"Perroa~~:Deat (II.
33a. Certjflef (check only one)
~~~:f:i~~~~~:n~~~~~~~= ~~~~~t~h':C~nU:~~~~~h:n~rh:: ~::~~.~~.l,~..~.~.~.~~~~:~,~~~:,~:!..,.....,...,...."...,.......".,...,.,...,...".,.,...,......./
Pronouncing and certifying physician (Physic~n both pronouncing death and certilying 10 cause 01 death)
To the besl of my knowledge, death occurred at the time. dale. and place, and due to the cause(s) and manner as stated,.,
Medkal examinerlcoroner
On the basis of examination and/or Invest! tlon, In my opinion, death occurred at the time, date, and place, and due to the cause{s) and manner as stated .........0
..........................0
LAST WILL AND TESTAMENT
"
OF
MADELINE R. OSMUN
r ..)
I, MADELINE R. OSMUN, now of 203 Pennsylvania Avenue, Camp
Hill, Cumberland County, Pennsylvania 17011, do publish and declare
this to be my Last Will and Testament, hereby revoking all other
prior wills and codicils made by me.
FIRST: Family Backqround and Appointment of Executor.
(A) Family and Backqround Information. I am not married. My
children are E. RICHARD OSMUN and NEIL C. OSMUN. Throughout this
Will, E. RICHARD OSMUN and NEIL C. OSMUN will be referred to as "my
children". The word "issue" will include my children as well as my
other descendants (excluding adopted issue) .
(B) Appointment of Executor. I appoint as my Executor and
successor Executor (all hereinafter referred to as Executor or
Executor (s) under this Will, the following named persons or
corporations to serve without bond and without being required to
account to any Court:
Executor: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES,
INC., now of 1013 Mumma Road, Suite
202, Lemoyne, Pennsylvania 17043.
(C) Inter Vivos Trust. The inter vivos trust agreement
referred to in this Will is entitled "THE OSMUN FAMILY TRUST", by
and between myself as Settlor and PENNSYLVANIA FIDUCIARY AND ESTATE
SERVICES, INC., now of 1013 Mumma Road, Suite 202, Lemoyne,
Pennsylvania 17043 as Trustee, as now in effect or as may hereafter
be amended.
SECOND: Funeral and Last Illness Expenses~ Taxes.
(A) Expenses of Funeral and Last Illness. I direct
Executor to pay my funeral expenses and the expenses of my I
illness from my estate.
(B) Taxes. I direct my Executor to pay any and all e
inheritance, succession, legacy, transfer and other death t
duties, by whatever name called, including any and all inte
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,
LAST WILL AND TESTAMENT
OF
MADELINE R. OSMUN
PAGE 2
penalties thereon, imposed under the laws of any jurisdiction by
reason of my death upon or with respect to any and all property
included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will. Without any
apportionment otherwise required by law and without being prorated
or apportioned among or charged against the respective devises,
legatees, beneficiaries, transferees, or other recipients of any
such property or charged against any property passing or which may
have passed to any of them, I direct that any taxes so paid shall
be charged against my residuary estate. My Executor shall not be
entitled to reimbursement for any portion of any such taxes from
any such person. The foregoing provisions of this Article SECOND
shall not apply to such portion or portions of said taxes, interest
and penalties which may be required to be paid, or are actually
paid or reimbursed, by the Trustee of the Trust described in
Paragraph FIRST (C), above.
THIRD: Tanqible Personal Property. Except for those items
excluded below and those items enumerated in the Letter of
Instruction, I bequeath all my tangible personal property,
including but not limited to clothing, jewelry, heirlooms,
furniture, household furnishings, personal effects, motor vehicles,
and all other similar articles, which I own, and the insurance
thereon, to my children, living at the time of my death, to be
divided between them as they may select in as nearly equal shares
as is practical. Tangible personal property shall not include:
(1) any and all property used by me in any business, (2) cash on
hand or on deposit in banks, (3) stock or securities, (4) any type
of evidence of indebtedness, and (5) any life, health or accident
insurance policies.
If my children do not survive me, I leave such tangible
personal property to the issue of my children per stirpes. If
there is any disagreement as to distribution, I direct my Executor
to make such distribution. The decision of my Executor shall be
final and binding. Any items not selected or any items which my
Executor considers unsuitable for my children may be distributed or
sold in the sole discretion of my Executor and, if sold, the et
proceeds therefrom shall be added to the residue of my estate. y
such article allocated to a minor may, as my Executor e ms
advisable, either be delivered to the minor or to any pe to
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LAST WILL AND TESTAMENT
OF
MADELINE R. OSMUN
PAGE 4
that, in lieu of any binding shareholder agreement or buy/sell
agreement to the contrary, the Executor shall not be permitted
to sell the stock or any other ownership interest in any
business owned by me, or held in trust, at my death, without
first offering the same for sale to my children, or without
next offering the same to the corporation or business
represented by such ownership interest for redemption.
(2) To invest all monies in such stocks, bonds,
securities, mortgages, notes, choses in action, real estate or
improvements thereon, and any other property as the Executor
may deem best, without regard to any law now or hereafter
enforced limiting investments of fiduciaries, except that the
Executor may not invest in any securities issued by the
corporate Executor, or issued by a parent or affiliate company
of such Executor, or any stock in a company which the
corporate Executor or their parent or affiliate holds as an
asset, either individually or in a fiduciary capacity.
(3) To retain for investment any property deposited with
the Executor hereunder; except that the Executor may not
retain for investment any stock in the corporate Executor, or
in a parent or affiliate company of such Executor, or any
stock in a company which the corporate Executor or their
parent or affiliate holds as an asset, either individually or
in a fiduciary capacity.
(4) To vote in person or by proxy any corporate stock or
other security and to agree to or take any other action in
regard to any reorganization, merger, consolidation,
liquidation, bankruptcy or other procedure or proceedings
affecting any stock, bond, note or other security.
(5) To use attorneys, real estate brokers, accountants
and other agents, if such employment is deemed necessary or
desirable, and to pay reasonable compensation for their
services.
(6) To compromise, settle or adjust any claim or
by or against the Estate and to agree to any resciss
modification of any contract or agreement a~ct'
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LAST WILL AND TESTAMENT
OF
MADELINE R. OSMUN
PAGE 5
Estate.
(7) To renew any indebtedness, as well as to borrow
money, and to secure the same by mortgaging, pledging or
conveying any property of the Estate.
(8) To retain and carryon any business in which the
Estate may acquire an interest, to acquire additional interest
in any such business, to agree to the liquidation in kind of
any corporation in which the Estate may have an interest and
to carryon the business thereof, to join with other owners
in adopting any form of management for any business or
property in which the Estate may have an interest, to become
or remain a partner, general or limited, in regard to any such
business or property and to hold the stock or other securities
as an investment, and to employ agents and confer on them
authority to manage and operate the business, property or
corporation, without liability for the acts of such agent or
for any loss, liability or indebtedness of such business if
the management is selected or retained with reasonable care.
(9) To register any stock, bond or other security in the
name of a nominee, without the addition of words indicating
that such security is held in a fiduciary capacity, but
accurate records shall be maintained showing that such
security is a Estate asset and the Executor shall be
responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any
Estate assets in fee simple to a person who is then under twenty-
one (21) years of age, the Executor shall be authorized to hold
such property in Trust for such person until he/she becomes twenty-
one (21) years of age, and in the meantime shall use such part of
the income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such
person. If such person should die before becoming twenty-one (21)
years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or r! the
benefit of any minor or other person under a legal disabil't~;:t~e
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LAST WILL AND TESTAMENT
OF
MADELINE R. OSMUN
PAGE 6
Executor need not require the appointment of a guardian, but shall
be authorized to payor deliver the same to the custodian of such
person, to payor deliver the same to such person without the
intervention of a guardian, to payor deliver the same to a legal
guardian of such person if one has already been appointed, or to
use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into
separate trusts or shares, the Executor shall be authorized to make
the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property
distributed or divided in kind, and the distribution and division
made and the values established by the Executor shall be binding
and conclusive on all persons taking hereunder. The Executor may
in making such distribution or division allot undivided interests
in the same property to several trusts or shares.
(E) The Executor shall be authorized to lend or borrow,
including the right to lend to or borrow from any trusts which I
may have established during life or by will at an adequate rate of
interest and with adequate security, and upon such terms and
conditions as the Executor shall deem fair and equitable.
(F) The Executor shall be authorized to sell or purchase at
the fair market value as determined by the Executor, any property
to or from any trust created by me during life or by Will, even
though the same person or corporation may be acting as Executor of
my estate or as Trustee of any of my other trusts.
(G) The Executor shall have discretion to determine whether
items should be charged or credited to income or principal or
allocated between income and principal as the Executor may deem
equitable and fair under all the circumstances, including the power
to amortize or fail to amortize any part or all of any premium or
discount, to treat any part or all of the profit resulting from the
maturity or sale of any asset, whether purchased at a premium or at
a discount, as income or principal or apportion the same between
income and principal, to apportion the sales price of any set
between income and principal, to treat any dividend or 0 her
distribution of any investment as income or principal, or a 0 tion
the same between income and principal, to charge any ense
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LAST WILL AND TESTAMENT
OF
MADELINE R. OSMUN
PAGE 8
Executor.
(B) This instrument always shall be construed in favor of the
validity of any act or omission by any Executor, and any Executor
shall not be liable for any act or omission except in the case of
gross negligence, bad faith or fraud. Specifically, in assessing
the propriety of any investment, the overall performance of the
entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable
compensation for services actually rendered to my estate, in an
amount the Executor normally and customarily charges for performing
similar services during the time which he/she performs the
services.
SEVENTH: Tax Elections.
(A) In determining the estate, inheritance and income tax
liability relating to my Estate, the Executor's decision as to all
available tax elections shall be conclusive on all concerned. If
the Executor joins with my spouse in filing income tax returns, or
consenting for gift tax purposes to having gifts made by either of
us during my life considered as having been made one-half by each
of us, any resulting liability shall be borne by my Estate and my
spouse in such proportions as they may agree. In accordance with
IRe Section 2632(a) and without regard to whether a Federal estate
tax return is actually filed, my Executor shall allocate so much of
the Federal Generation Skipping Transfer (GST) exemption amount as
will fully exempt any generation skipping transfer which may occur
under this Will.
(B) The Executor may, in its discretion, determine the date
as of which my gross estate shall be valued for the purpose of
determining the applicable tax payable by reason of my death.
(C) The Executor may, in its discretion, decide whether all
or any part of certain deductions shall be taken as income tax
deductions (even though they may equal or exceed the taxable income
of my estate and whether or not claimed or of benefit my
estate's income tax return) or as estate tax deductions a
choice is available; and in the event that all or any part uch
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