HomeMy WebLinkAbout08-04-06
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PETITION FOR PROBATE and GRANT OF LETTERS
~,- D\;.o- Cio~t
Estate of Charles D. Cushing
also known as
No.
To:
Register of Wills for the
Deceased. County of OllTlhPrl ~nn in the
Social Security No. 1 tlb-U 1-1::S~3.::S 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 execut rix
in the last will of the above decedent, dated August 4, 2000
and codicil(s) dated October 24, 2002
named
,~-
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in CUrrberland County,Pennsylvania... with
h15 last family or principal residence at 45 West Lauer Lane, camp Hill, PA 17011
(list street, number and muncipality)
90 November 26, 2005
Decendent, then - .tiil ~veatS..of age, died ,~
at Manor care, camp L, J:'A
Except as follows, decedent did not marry, was not c;iivorced 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:
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
Of not domiciled in Pa.) Personal property in County
Value of real ~state in Pennsylvania
situatcd as follows:
$ HO,OOO.OO
$
$
$
WHEREFORE. petitioner(s) respectfully ~~~EMyrobate of the last will and codicil(s)
presented herewith and the grant of letters ..
I (testamentary; administration c.I.a.; administration d.b.n.c.t.a.)
theron.
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Helen B. Cushing
45 West Lauer Lane
Camp Hill, FA 17011
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL T,fI OF\_~E~NSYJ., VANIA I ss
CO U NTY 0 F L 'JJ..rc\oL-l \.cu-..d\- J
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The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and c;orrect to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
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Swom to oc afficwed and SUbSCCibed.. { ~
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No.
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Estate of
Charles D. CUshinq
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ..' .,3. . A^!'.lL6{- '. . '. .~.. 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:-'Augtist 4" 2000 and Codicial October 24,
described therein be admitted to probate and filed of record as the last will of C!hrlrl p~ n (j]~h; ng
i~ .
200i'
and Letters Testamentary
are hereby granted to Helen B. (jl~h; nq
.....
FEES
Probate, Letters, Etc. ......... $ aoc .6.)
Short Certificates( ).......... $ c;....dJ
:R.efiHndation I.hh\L~,M-.~.\. $ &J .cD
-K.PIi (\......\-e:, $ \ --S .00
TOTAL _ $0\0 .aD
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~bara A~~~~ttlItci& N:F4nre, ID 32317
549 Bridge street, New cumberland, PA 17070
ADDRESS
(717). 774-1445
Filed
PHONE
Thi', i~, to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
LOCcII 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.
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Local R~
Fee for this certificate. $6.00
p 1 "" (', 'J ") r- r' 'j
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NOV 2 9 2005
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Date
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.143 Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
(L)
(T'
CERTIFICATE OF DEATH
5. 90 Yrs.
COUNTY OF DEATH
BIRTHPLACE (City and
State or Foreign Country)
7. Brooklyn, NY
STATE FilE NUMBER
SOCIAL SECURITY NUMBER
3. 186 07 -
8933
DATE OF DEATH (Month, Day, Year)
4, November 26, 2005
Bb. Cumberland
SEX
2. Male
PLA 00 TH
HOSPITAL:
InpatienlD
Be.
FACILITY NAME (If not institution, give street and number)
h k nl n
'n
. n not
NAME OF DECEDENT (Firs~ Middle. Lasl)
1.
AGE (Last Birthday)
ERlOutp!lienl 0
DOA 0
Relldence 0 ~~~) 0
RACE. American Indian, Black, White, et
(Specify)
Be.
Camp Hill
Manor Care - Camp Hill
AS DECEDENT EVER IN
U,S. ARMED FORCES?
YesQg NoD
12.
17a. State
10.
White
SURVIVING SPOUSE
(If wi1e. gIve maiden name)
DECEDENT'S USUAL OCCUPATION KIND OF BUSINESS I INDUSTRY
(~:O~l~~:':, ~eu~rlr:~~3>,1
. 11.. Management llb. Extermination
DECEDENT'S MAILING ADDRESS (Street, CitylTown, State, lip Code) DECEDENT'S
45 West Lauer Lane ~~~\b"J-NCE
Camp Hill, P A 17011 (See instructions
16. on other side)
FATHER'S NAME (Firsl, Middle, Lasl)
18. George D. Cushing
INFORMANT'S NAME (TypeIPrln!)
20a.
METHOD OF DISPOSITION
Burial 0 Cremation ~emoval from State
Other (Spe )
S VICE
MARITAL STATUS - Married,
Never MarTied, Widowed,
Divorced (Specify)
14. Married
ls.Helen Butler
Hampden
twp.
17b. Countv Cumberland
Old
decedent
live in a
township?
17e. Qg Yes. decedent lived in
17d. 0 ~tl;~e;~~~l~i~: of
citylboro.
17011
2B.
: Approximate
I interval between
: onset and death
Other significant conditions contributing to death, but
not resulting in the underlying cause given in PART t.
Sequenlialty list conditions ! b,
if any, taring to Immediate
cause. Enter UNDERLYING
CAUSE (Disease or injury c.
that Initiated events
resulting on death) LAST d.
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
QUE TO (OR AS f1.. CON.SEQUENCE OF):
DuE TO (OR A5 A CONSEaUENCE OF):
Yes 0
MANNER OF DEATH
Natural ~ Homicide D
Accident Pending Investigation 0
Suicide 0 Could not be determined 0
DATE OF INJURY
(Month. Day. Veer)
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED,
288. 28b.
CERTIFIER (Check only one)
.l~~~~:tGor~~t'~~~~.Y;.~~~:ih ~g~~%J~U:: tr: ~~:~a~:~(:r~~3'J'~X~~~~ h:~~~~~~~.~ .~~~~~. ~~~ ,~?,~~~~~ .l.t~ ,~~~.....,.,.........
29.
30.. 30b. M.
PLACE OF INJURY - fAt home, farm. street, factory, office
building. elc. (specify)
30..
"
Yes 0 NO~
Noj4
.P-rOOt~~:I~I~fGm~N~;;I:~g~l~e~th~~c~~ l~~~:i~:~~d~~~du;,:~,d:~:r d~: \~e;'~i~u~ec;(~)~~~ d~:~~er aa atated. .... ..... ,.,. ."..... 0
.MEDICAL EXAMINER/CORONER
On the basis of examination and/or Investigation, In my opinion, death occurred at the time, date, and place, and due to the caus81(s) and
31.a~anner al stated........,. .......... ,......,..,........,...............,..........................",..,...... ,.......... .............. ...........,......,....,..,........., 0
RECIS"'S SIGNAT1fJ?'f
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012131-00001/07.06.00/EGM/KL T/ 135857.2
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mast mill aub Westament
OF
CHARLES D. CUSHING
I, CHARLES D. CUSHING, of 45 West Lauer Lane, Camp Hill, Cumberland County,
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 and making void
any and all Wills or Codicils at any time heretofore made by me.
ARTICLE I
I direct the payment of all my legal debts, and the expenses of my last illness and funeral
from my Estate as soon after my death as conveniently may be done.
ARTICLE II
I give and bequeath my motor vehicle(s), household and personal effects and other tangible
personalty of like nature (not including cash or securities), together with any existing insurance
thereon, unto my wife, HELEN B. CUSHING, provided she survives me. If my wife, HELEN B.
CUSHING, predeceases me, I give and bequeath the same unto my daughters, ELEANOR L.
WELLS, Orlando, Florida, and DOROTHY G. CUSHING, Pennfield, Pennsylvania, or the
survivor of them, to be divided between them in as nearly equal shares as is practicable.
012131-00001/07.06.00/EGM/KL T/ 135857.2
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ARTICLE III
I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS unto my
daughter, ELEANOR L. WELLS, provided that should she predecease me, I give and bequeath
the same unto my daughter, DOROTHY G. CUSHING, provided she survives me.
ARTICLE IV
I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS unto my
daughter, DOROTHY G. CUSHING, provided that should she predecease me, I give and
bequeath the same unto my daughter, ELEANOR L. WELLS, provided she survives me.
ARTICLE V
I gIVe and bequeath the sum of ONE THOUSAND ($1,000.00) DOLLARS unto
BETHESDA MISSION OF HARRISBURG, INC., 611 Reily Street, P.O. Box 3041, Harrisburg,
Pennsylvania 17105.
ARTICLE VI
1 give and bequeath the sum of ONE THOUSAND ($1,000.00) DOLLARS unto the
AMERICAN RED CROSS OF THE SUSQUEHANNA VALLEY, 1804 North Sixth Street,
Harrisburg, Pennsylvania 17102, for its endowment fund.
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012131-00001/07.06.00/EGM/KL T/135857.3
ARTICLE VII
I give and bequeath the sum of ONE THOUSAND ($l,OOO.OO) DOLLARS unto the
SALVATION ARMY, HARRISBURG CHAPTER, 1122 Green Street, Harrisburg,
Pennsylvania 17102, for its program purposes in the area including Dauphin, Perry and
Cumberland Counties.
ARTICLE VIII
I give and bequeath the sum of ONE THOUSAND ($1,000.00) DOLLARS unto the
AMERICAN DIABETES ASSOCIATION, CENTRAL PENNSYLVANIA AFFILIATE,
3544 North Progress Avenue, Harrisburg, Pennsylvania 17110.
ARTICLE IX
I give and bequeath the sum of FIVE HUNDRED ($500.00) DOLLARS unto THE
LEUKEMIA & LYMPHOMA SOCIETY INC. - CENTRAL PENNSYLVANIA CHAPTER,
800 Corporate Circle, Harrisburg, Pennsylvania 17110.
ARTICLE X
I give and bequeath the sum of FIVE HUNDRED ($500.00) DOLLARS unto the
MULTIPLE SCLEROSIS SOCIETY, CENTRAL PENNSYLVANIA CHAPTER, 2209
Forest Hills Drive, Harrisburg, Pennsylvania 17112, to be restricted for local use.
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012131-0000 1/07 .06.00/EGM/KL T/135857.3
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ARTICLE XI
I give, devise and bequeath all the rest, residue and remainder of my Estate, of whatsoever
nature and wheresoever situate unto my wife, HELEN B. CUSHING, provided she survives me.
Should my wife, HELEN B. CUSHING, predecease me, I give, devise and bequeath all the rest,
residue and remainder of my Estate in equal shares unto those of my children, ELEANOR L.
WELLS, and DOROTHY G. CUSHING, and my stepchildren, CINDY S. SHEAFFER,
CARRIE S. MCCREARY, CHARLES SIDERS, JR., and GARY SIDERS, who survive me.
ARTICLE XII
My Personal Representative(s) shall have the following powers in addition to those vested
in them by law and by other provisions of my Will applicable to all property, whether principal or
income, including property held for minors, exercisable without court approval and effective until
actual distribution of all property:
A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in
such manner as my Personal Representative may determine.
B. To retain any or all ofthe assets of my estate, real or personal, without restriction to
investments authorized for Pennsylvania fiduciaries, as they deem proper, without
regard to any principle of diversification or risk.
C. To invest in all forms of property without restriction to investments authorized for
Pennsylvania fiduciaries, as they deem proper, without regard to any principle of
diversification or risk.
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012131-00001l07.06.00/EGM/KL T/135857.2
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D. To sell at public or private sale, to exchange, or to lease for any period of time any
real or personal property and to give options for sales, exchanges or leases, for such
prices and upon such terms or conditions as they deem proper.
E. To allocate receipts and expenses to principal or income or partly to each as they
from time to time think proper.
F. To compromise any claim or controversy.
G. To make such elections, decisions, concessions and settlements in connection with
all income, estate, inheritance, gift, generation skipping or other tax refunds and the
payment of such taxes without obligation to adjust the distributed share of any
person thereby affected.
ARTICLE XIII
I name, constitute and appoint my wife, HELEN B. CUSHING, and FULTON BANK,
Co-Executors of this my Last Will and Testament. Should my wife, HELEN B. CUSHING, fail
to qualify or cease to so act, I direct that my corporate Executor shall complete the administration
of my Estate. I direct that no fiduciary appointed herein shall be required to post bond for the
faithful administration ofthe duties required in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will
and Testament, this t.{!l day of Ifvr {j << , 2000.
~$th,{, ~ ~ (SEAL)
CHARLES D. CUSHING
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012131-??oo1/07 .06.00/EGM/KL T /135857.2
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Signed, sealed, published and declared by the above-named Testator, 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.
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012131-00001/07.06.00/EGM/KL T/ 135857.2
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AFFIDAVIT AND ACKNOWLEDGMENT
COMMONWEALTH OF PENN5YL VANIA
55
COUNTY OF CUMBERLAND
We, CHARLES D. CUSHING,~.~ ~. ""N'\~ and
\"" ~ 'ts."'""'~ , the Testator and the witnesses, respective y, whose names
are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the instrument as his Last Will and that
he had signed willingly and that he executed it as his free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the
Will as witness and that to the best of hislher knowledge the Testator was at that time eighteen
years of age or older, of sound mind and under no constraint or undue influence.
~:U~44 ~ {:,.t-4~
CHARLES D. CD HING
~~"(b~ .
Witness .
~~{;{/0~
Witness
~~~
Notary Public
NOTARIAL SEAL
DIANNE LENIG. Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21. 2001
7
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CODICIL
I, Charles D.Cushing of 45 West Lauer Lane, Hampden Township, Cumberland
County, Pennsylvania, make this first codicil to my WILL, Dated August 4,2000. I hereby ratifY
and republish said herein referencedWill, except as set forth herein:
I amend Article XIII by striking out Article XIII and substituting the following article
in its place;
I name, constitute and appoint my wife, Helen B. Cushing, as my sole -Executor,
of this my Last Will and Testament. Should my wife, Helen B. Cushing, fail to qualifY, or cease to
so act,! name my daughters, Dorothy R. Cushing currently residing in Pennfield Pa,and Eleanor
C. Wells currently residing in Orlando Fl.,as Co-executors to complete the administration of my
Estate. I direct that no fiduciary appointed herein shall be required to post bond for the
faithful administration of the duties required in any jurisdiction.
Signed, sealed, published and declared by the said testator as his first codicil to his Last Will
and Testament, in the presence of the Witness below named, on this 24th day of October, 2002
J){i
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C:'
Testator
40 iIO ' L.A.\)
Name and address. of witness
t...,C.
Register of Wills of CUIllberland County
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OATH OF NON-SUBsCRIBING WITNESS
00 r~ c;!I
Estate of Charles D. Olshing
No.
j?!~(J~ r tJY
Also known as
, Deceased
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
familiar with the signature of Charles D. CUshing , testat or of (one of the
subscribing witnesses to) the codicil/will presented herewith and that _ believe/believes the signature
on the codicil/will is in the handwriting of Charles D. Olshinq to the best of
knowledge and belief.
Sworn to or affirmed and subscribed
Before me this y:;.,-- day of
C-li/~ ,2~
J
ffJr, j~ J ~~k
(Name)
'~3 I C (~ fL G V (h LI C r rVJA 1 TN P A
(Address)
1l148.. -1?-u4 ~. c-d~~
(Name)
33/ e Ct~1/4f7 cl/)fr/-/:i7 ob~
(Address)