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HomeMy WebLinkAbout04-07-06 PETITION FOR PROBATE & GRANT OF LETTERS Social Security No. , deceased. 198-1 8-9868 No. 21 @S~ ~ \ - ~~ - \J ~ '\ 3 To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Estate of Marian L. Jefferies also known as The Petition of the undersigned respectfully represents that: Your Petitioners, who islare 18 years of age or older and the Executors named in the Last Will of the above decedent dated September 6. 2005 , and codicils dated none The Executor named none died . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 7 Richland Lane. East Pennsboro Township. Camp Hill Decedent, then ~ years of age, died Hospital March 22 , 2006, at Holy Spirit 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 i ncom petent: 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 PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: $160.000.00 $ $ $ WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. . Signature(s1and Residence(s) of Petitioner(s): )(7/~r~ Randal F. Leiby ~ P.O. Box 259 Enola. PA 17025 'Y-~ c.~ Barbara Campbell 322 Lincoln Street Mary5ville. PA 17053 ,"":-',; ;g '.:~{ ... , .~:~.~':;;:; "---'. OATH OF PERSONAL REPRESENTATIVE:, .",; \ ''':.'-.1 55 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Q -J 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 of the above decedent, petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed .j. ~d ,:? ::~ before me this ~~\.., day of Randal F. Leib April , 2006. "-'~~ ~ ~~\ Register ~,,~.'<~) ~~\) ~ 'j.~~~ ~~ Barbara Campbell No. 21-06- ~ ~ \ "3 Estate of Marian L. Jefferies I deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, April" , 2006, 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 September 6.2005 described therein be admitted to probate and filed of record as the Last Will of Marian L. Jefferies ; and Letters Testamentary are hereby granted to Randal F. Leiby and Barbara Campbell FEES Probate, Letters, Etc. . . . . . . . $ 260.00 Short Certificates(-3- ) . . . . $ 12.00 Renunciation(s) . . . . . . . . . . . $ JCP . . . . . . . . . . . . . . . . . . . . $ 10.00 Automation Fee. . . . . . . . . . . $ 5.00 Other Will . . . . $ 15.00 . TOTAL:. . . . $ 302.00 Filed........................... . ~~ ~~ :::,~~ ~ ~ ~~g~st~C~iII~~~ ) ~~~~E~ Patricia R. Brown. ESQ. (27474) ATTORNEY (Sup. Ct. 1.0. No.) 354 Alexander Spring Road, Suite 1 Carlisle. PA 17013 ADDRESS 717-249-6333 PHONE d.. \ - ~\ - ~ ~ '\ "3 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. me as WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 No. p 12337974 1J(. J.~ d 3 'J ,) c i, Dare t,,() C~ 0., ~1Hr.J 14J k.:v \Jl()6 TYPE/PRfNT IN PEAMA~ENT Bt.ACKINI( -1~.N;;n;ot~cci~~5Tri~jd;-~i--------'--- COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATHllE NlAIlltA -~----------~----~--J2-----se;---li SoaiI~NurrtMi~----T~oIOe:.iUI~ dar-.v8i~- ----____!'!a!i~.n_~__L:....___~~!f~Xi_~_________ ______________ _F__ _ ..!.98 - 18 - 9868 _LJ'(\~ 22 Zuo&;. ''''.(la~.I~JI.1.''''''.. -r .f!c.'lJ.fld<lrl~__-.I-.-"Uodell~. .:p_ _Oalel!fBir1h(Mo.nlh'lIaY,~eal)__f'. _.IUV........"'..""''''''*>l::.:::.~~....''''''1 .' _.- ._._8 ~_ -"'-___1Mo~.~'_ Ho~:J_M':~~t~-:-.?2. -19 20 __P~ t s v i_~~~~~~_fL~~I~~~= 0 _~~ 8tl CountyfJfl)~Jlh . lie CrIy,Boro. rlll'Jl,otOoalh ~facIlfyName(i1notll'l5Uukln,giveSll88landnul1lberl ~t. w. .uo.:.se.llo1~Oigi1'. . . 10, Rac.eAmeR:an. RMM,8Iack,,,,,* IKC x>> No 0 V_(lyes,.~~. (Sp,otn =,', Cumberland East PennSboro Holy Spirit Hospital ..."""""""....."', White ~ Q~~':~~r.t:~~~'dOO'd",. ;';;"~~~~lrr~:OOj' " ::"f::::,::."'.l"~:7J:~;=;:-:;"" "='~~". 15 S~SpoL5eI." gwilrraDBnnarnej - """''''oI,u.;'"''''''''''Ic,;;;iiC",,;;;;n'~I'~J-- --~-- Dk"""r-f-~--.-1~~.12____ _ ..._-J!Lldawe-d---._ 7 R. hl d L """"A,,,,,,,.,".SloJ. PA lNe~. 1I,16 v",.u<<_"...... [as.1 PennSbQfo.. .T", TC an ane T_' lib ,. "" Cumberl and lid 0 Ho_",,,,..... C4v"""" -- ..!;~ !!iJ-LP.~_EQl.L__._____ _ _ _ ""'~- -.~ - . _ _ _ _""".. 18 Falhet's Name (hsl. rr<<XHe. Ias!) - - - 19 UoIher'sNaiii(Fftt.RIdde malIenSLmamt) ____ Miles Lebe~_____ __ Frances E. Potts 2O.~0i$".",,(r;p.;p;;;;,j-----'-- 20b -......,......-...C...."'-. _ ",-, Barbara E. Campbell 22 Lincoln Street Marysville PA 17053 21a ~..lhOOo'(Xsposillon ~321b Oa1eol~Ilbih~~ 21~~fNalm&oIcemllety crerraIofyOloll8JpUQj J~'s&aIe ~COI.MJ !!B""' DC",.,.., o A".,.."",...,. 0_""" 3-25-2006 Woodlawn Memorial Garde~_ Harrisburg PA 17109 " ..a.":': ' ..... ~-- - m,:;:',7;' 6~~-l -=:[:";,;;;;.>;;; N ERAl--HOM , M EC ;~~;;B u,;-;, 17055 ellefl'\i "henC;'~i2JatrOihe de.li;;"OCc~~!oIandP~;jiS9;kifdalldl6l) ------ jZJb_ti::eruNootJer-. t ~~_I~~diil',I'Nl) ph~nlin15f1<)tavillldbleall~vldCcllhlo cart'lVcauseoldealtl ~:::~:~~,~'~~;.~:~. 2~:"D1~ ~! tt M__~L~~'~~m;7 ~ ,..~ ~~;~~-- 26 :,r;:;''''~iu.-~8~--~ - ~ ----:lwoxiiW&e~~at PafI.EnIer.sD~IlICCJ11d.t1:~~~ 28-~T~~~IoOea&h? ;on5l:lllodoa" bIIflllI:resutna.....~cause~.PaltI. g:: ~ 29. MF~' ~prl9Wlt~pasly.... o Prll9WJlat&mlol'" o Holpl''''''lolr1l.bt.llp'.......I\...,*'(2G.il~ "'...~ - c - - - hfi J: 0 ~!........_,bl.(pr~.tJdiI-;s~IY8.)f Doe ~ 10,"" '""""".~. oQ _ o Unknown. p1eyR.1lll ..., lie ptil yur ~.._'{"'.-.....,.... --liI-Ma~Ih-- .J- ,.~......',..'l 1""-......""00".... "" .-.....,.....,f...,S...f.....,,""" """",,.? ~~~"~: ~'~;:~h';""""~' ,. ",~.I -... '" (_ aYes. "", ". "_. "-",,-~ ~ ,--....-- F-."'" ""-....--- -r ,-....~-- ~-- - -- ..-~ -=:.:_WO~:~Dd''''~''. __.. _~__L~:_=_~ 33b--~~ DriI..~~ ~ ::_~ _ ~ "~L( If{ 3Ja Certtfier(ctllld.oH~onel ........_ ( CerUl)oing physician (PhY5lCldn cel1.l~inil cal6lt of dv.i:h -'1i3f1 d1lOlller physa.:ian hJs p'UllJunced ,jSdth and ~llld lltm 231 ::.::;:: ::::-~::-~~~::::.:~,:';:=~::::::,:;~:""". ",,~.llil ..... _ _ _ ---.---- -.--..... l' ~~ :2:........... _J If),( :::.~:::::.:......,"'O.......'..,""'......nd""'..nd.uelel..."....I.nd-...'-- .-..-. - - -.- .___0 ~~.c- =__ __ ~ ~Z1- ~v~_ J5~~';-::;;~~~"'-::::::,'''~~~":: "'.....,""......~~~~~....'''.,.'''~~.~~...''l~nd=...;;~.~ 3<i;;..''''~~ii''''- 2~ T_ -'\H.."-\~_~~.j"YL'.,;{~f:--__I,;?~tf::.h2l.Lc:!dJ_ ,0dfdJ.,3,)ou~ ___ . II ~ /AI . .-----U- { , (See instructions a~~ examples on reverse) Co W U) :::> U) <( 't ~ .. z u, <:> w fG Co u o w '" <( z LAST WILL AND TESTAMENT OF ":).. \ .~~ - 'J:S \'j MARIAN L. JEFFERIES I, MARIAN L. JEFFERIES, a resident of and domiciled at 7 Richland, Camp Hill, Cumberland County, Pennsylvania, being of sound mind and disposing intent, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. ITEM I I direct that all my debts, secured and unsecured, including those associated with my final illness and death, and the administration of my estate be paid as soon as practicable. ITEM II I have purchased a pre-arranged funeral and service to be held at the Myers Funeral Home in Mechanicsburg, with viewing, at the discretion of the funeral home. Burial shall be in the plot where my husband, Joseph W. Jefferies, is interred, in Woodlawn Memorial Gardens, Harrisburg, Pennsylvania. ITEM III I direct that all Estate, inheritance, succession, death or similar taxes assessed with respect to my Estate herein disposed of, or any part thereof, or any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil or Directive hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my Estate for such tax purposes, be paid out of my residuary Estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my Estate. Should any real property pass under my Will, it shall pass subject to any mortgage or lien thereon. Page I of 8 .'..-~..:-, I _1 o 0" ITEM IV I have two step-children, JeanJ. Grandon and Joseph W. Jefferies Jr., who were amply provided for in the will of their father, Joseph W. Jefferies, Sr. ITEM V I direct that the personal property listed in the Directive to this Will, with the exception of the fInal paragraph thereof which refers to the disposition of my savings bonds and is hereby deleted, be distributed by my Executors as indicated therein. ITEM VI a) I give the sum of Five Thousand ($5,000.00) Dollars to my grandson, CHRISTOPHER MILES LEIBY, if he survives me. b) I give the sum ofTen Thousand ($10,000.00) Dollars to my grandson, TIMOTHY LEIBY, ifhe survIVes me c) I give the sum of Five Thousand ($5,000.00) Dollars to my great-grandson, HUNTER LEIBY, if he survives me. d) I give the sum of Five Thousand ($5,000.00) Dollars to my great-grandson, CHRISTOPHER LEIBY, if he survives me. e) I give the sum of Five Thousand ($5,000.00) Dollars to my great-granddaughter, DANIELLE LEIBY if she survives me. If any benefIciary shall not survive me, then the gift to such benefIciary shall lapse and be distributed as part of my residuary estate. ITEM VII If my great-great-grandson, JAIDEN XA VIER JOSEPH LEIBY, born January 15,2001, is less than twenty-three (23) years of age at the time of my death, I direct that the sum of Ten Thousand ($10,000.00) Page 2 of8 Dollars be placed in trust to my daughter, BARBARA CAMPBELL, with the following conditions and provlslOns: A. Trustee shall hold the principal of this trust for the benefit of my great-great- grandson and shall distribute the principal and income in such proportions as Trustee shall determine, for his health, maintenance, support and education, including college, graduate level or professional education after considering the beneficiary's age, aptitudes, interests, abilities and needs. Any income directly distributed to my great-great-grandson shall only be done after his education, medical and maintenance fees have been paid. Education shall be defined broadly to include trade school and other similar training. In the event the income of the Trust shall be insufficient to provide the beneficiary with adequate maintenance, support, welfare or education, the Trustee may invade the principal of the Trust for this purpose. The Trustee, in exercising her discretionary authority with respect to the payment of income or principal of the Trust estate to the beneficiary, shall take into consideration any income or other resources available from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payment out of income or principal to the beneficiary shall be conclusive on all persons however interested in the Trust. The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. B. Should the beneficiary die, without issue, before attaining the age of distribution, all remaining unapplied principal and income shall be distributed as part of my residuary estate. C. The beneficiary of this Trust shall not have any right to alienate, encumber or hypothecate his interest in the principal or income of the Trust in any manner, nor shall his Page 3 of8 interest be subject to claims of his creditors or liable to attachment, execution or other process of law. D. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other powers granted by this Will, or by law, shall have the following powers over the Trust estate, subject to any limitation specified elsewhere in this Will: 1) To retain any property, real or personal, received by the Trust estate for as long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time, any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, assignments or other instruments as may be necessary to carry out the provisions of this Trust. S) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (S%) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in her judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. Page 4 of8 E. The Trust estate for the beneficiary shall be administered until said beneficiary is twenty-three (23) years of age, at which time the Trust will terminate and Trustee shall distribute the remaining principal and accumulated interest to the beneficiary. F. Not withstanding the age limitations stated in the foregoing trust paragraphs, Trustee shall have the absolute power, with her discretion, to determine the age and amount of distribution of income and/or principal to the beneficiary. ITEM VIII I give, devise and bequeath all of the remainder of my estate, real or personal, and my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, after the Directive attached to my Will has been honored, to my children, RANDAL F. LEIBY and BARBARA CAMPBELL, equally, and to their issue, then living, per stirpes. In the event that my daughter, BARBARA CAMPBELL, does not survive me, nor leave issue who survive me, I direct that her share of my estate be given, devised and bequeathed to my son-in-law, ALVIN CAMPBELL, if he survives me. ITEM IX I hereby nominate, constitute and appoint as Co-Executors of this, my Last Will and Testament, my son, RANDAL F. LEIBY, and my daughter, BARBARA CAMPBELL, or either of them. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executors are specifically authorized to and empowered with respect to any property, real or personal, at any time held under any provision of this my Will, to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, invest, lease, manage, mortgage, grant and exercise options with respect Page 5 of8 to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions in cash or in kind or partly in each without regard to the income tax basis of such asset, even though distribution shares may as a result be composed differently, and in general to exercise all of the powers in the management of my Estate which any individual would exercise in the management of similar property owned in his own right, upon such terms and conditions as my Executors may seem best, and to execute and deliver any and all instruments and to do all acts which my Executors may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a Court Order. ITEM X I direct that no executor, trustee or any fiduciary under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ''i' f:::L.. day of~, ,2005. ~'-f11 ~ - I"~.' ~ MARIAN L. JEFE VI) SIGNED, SEALED, PUBLISHED and DECLARED by the above Testatrix as and for her Last Will, in the presence of us, who thereupon at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~~~ y2~y(: ~ Witness ~~ .J;~" a /7CY;7 Address ~,~ , Address Page 6 of8 STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, MARIAN L. JEFFERIES, VoJene.. (2" Q.Ut{ and PATRICIA R. BROWN the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being fIrst duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of each witness' knowledge and belief the Testatrix was at that time eighteen years of age or older, of sound mind and under no undue constraint or influence. 7r?~ Testatrix JW~ Witness ~\R~ Witness Subscribed, sworn to and acknowledged before me by MARIAN L. JEFFERIES, the Testatrix and subscribed and sworn to before me by VVQ.{t( e... P Q.se.{,.( and PATRICIAR. BROWN, witnesses, this t, d day of ~Y'2005. /' ~v3~ , Notary Public Page 70f8 '1f(~c/rl~ ~ j"t:/( 91/C;/b& ;f;;:~~. ~ -1~~~~ ~ e-u4 c~- frJ~ d~~.ht~&~/ ~~~~~,~~ -~ !2~~ ~~ ~-v ~~ ~ 'ft(~ ~rl~CK~. ~~~~ L~~U/~ ~ ~ C~.~ cL" "~ ~~fr &~ C?CU--r~ .li~ ~( ~Q ~~, ~~ r/- vteJ~4 ~~ '~Cl5 . ~ ~~ ~n,'o)~~t?~ -~~~-~~ &~, I~., ~~~~. t;'€ . "i~ ~ ~ ~ ~ C~~ ~ ' :JUf UuJ JO c~ c(~. ~ Tif C/- cUJ~u+v'~' c 0C~. ~~~e~ . ~ cvJJJ f:. ~ a. ,sLUu0. ~fJ~~.'k ~.~ ~Z~ o;~ ~~~~~~ (~!~~~~/~~ M~U~u- ': '71J~/~ ;? ~Y'CJ-& d C~ ~~. ' ~>tY~/adce~tL ~,~ ~ ~ ~1,Ua k(~e/ ~~~~ &~ ~ ~ EtUl.l;t