HomeMy WebLinkAbout03-22-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Cumberland
COUNTY, PENNSYLVANIA
Estate of Virginia R. Powers
also known as
File Number Of -(57 . d1!'
. Deceased
Social Security Number 067-20-5972
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
Ii] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrices
last Will of the Decedent dated 02/10/1995 and codicil(s) dated
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; db.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following~use (if anygnd heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) <::; 0 .......... .
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Dec":!"l't was domiciled at death in Cumbe r land. County, PennsYlvania with his / her last principal residence at
God Home at 801 North Hanover Street. Carlisle. PA 17013
(List street address, town/city, township, county, state, zip code)
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Church. of
Decedent, then
80
years of age, died on February 26.07
at Church of God Nursing Home
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) 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
$ 200,000 <OO-r
$
$
$
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
T d or rinted name and residence
Pamela R. Powers
40 Kensin ton Drive Cam Hill PA 17011
Patricia Powers Fry
Form RW-02 rev. 10./3.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
SS
COUNTY OF Cumber1 and
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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affIrmed and dbscribed
before me the ~IJ/'- day of
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Signature o1fJrs~na~ Repres/'jtive
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Signature of Personal Representative
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Signature of Personal Representative
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File Number: ~ - 0\ - ~/S-
Estate of
Virgin;~ R Pnyprq
. Deceased
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Social Security Number: 067-20-5972
Date of Death:
02/26/2007
cleo' . in consideration of the foregoing Petition, satisfactory proof
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in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and fIled of re
FEES
Attorney Signature:
Letters ............... $ ~ 10.00
Short Certificate(s) . . . . . . . . $~
Renunciation(s) .......... $
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:5\\ ...$
c.P ...$
~i01'\.. ... $
...$
... $
... $
... $
. .. $
...$
TOTAL . . . . . . . . . . . . . . $
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(0. <30
5..GIO
Attorney Name: Arthur M. Feld. Esquire
Supreme Court I.D. No.: 07172
Address: 1309 Bridge Street
New Cumberland.PA 17070
Telephone: 717-770-0292
0.00
Form RW-02 rev. 10.13.06
Page 2 of2
H105.805 REV ]105 .
This is to certify that the information here given is correctly copied fro~ 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 filmg.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Local Registrar
Fee for this certificate, $6.00
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COMMONWEALTH OF PENNSYLVANIA 0 DEPARTMENT OF HEALTH 0 VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
Hl05-143 REV 1112006
TYPE I PRINT IN
PERMANENT
lUCK INK
10. RaI;e: American Irdan, Black. WhM, lie
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CAUSE OF DEATH (See Instructions .nd enmpln)
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On IhI bull of .uminal.. and I or In'lleatiglUon, In mw opInkJn. death OCCUtTtd II tnt Ume, dale, and p1iCt, and due to the CluM(l) and manner 1t.&IiecL 0
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W ILL 0 F
V I R GIN I A
R.
POW E R S
I, VIRGINIA R. POWERS, of Camp Hill, Cumberland County,
Pennsylvania, declare this to be my Will and hereby revoke
all prior Wills and Codicils made by me.
1. direct that the expenses of my last illness and
funeral be paid from my estate as soon as practicable after
my death.
2. I give and bequeath all furniture, clothing,
jewelry, pictures, statuary, works of art, silver, plate,
ornaments, bricabrac, tapestry, household goods or supplies,
books, linen, china, glass, automobiles, trucks, trailers,
horses, boats, and all implements, plants and tools that may
be in or upon our home at the time of my death, together with
all policies of insurance thereon, to my children, share and
share alike. Should such children be unable to agree upon a
division of said property, alternate choice of such items
shall be made by them until distribution is completed, my
executrix to represent minors in the division of such
property. The first choice to be made by the oldest of such~~
children, the next choice to be made by the next olde~ of ~
such children, and so on until distribution is complete~. ~
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3. I give, devise and bequeath all the rest of mt;:L;~] "')
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property of whatsoever nature and wheresoever situate,'~~/~
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including property over which I hold a power of appoin~~ent,~:
to my issue, per stirpes. ~J
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4. No interest of any beneficiary of my estate or any ~
trust herein created shall be subject to anticipation or to
pledge, assignment, sale or transfer in any manner, nor
shall any beneficiary have power in any manner to charge or
encumber his interest, either in income or principal, nor
shall the interest of beneficiary be liable or subject in
any manner while in the possession of the executor, trustee,
or guardian for the liability of such beneficiary whether
such liability arises from his debts, contracts, torts or
engagements of any type.
5. In the administration of my estate and any trusts
herein created, my fiduciaries shall have the following
powers, in addition to such powers as they may have by law:
(a) To retain all or any part of my property, real
or personal, in the form in which it may be at the time of my
decease, including any business owned or controlled by me, or
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any closed corporation, partnership, or family enterprise in
which I have an interest, as long as in the exercise of their
discretion it may be advisable so to do, notwithstanding that
said property may not be of a character authorized by law,
and to operate any such business as a sole proprietorship,
partnership or corporation.
(b) To invest and reinve~t any funds held by them
in any property, real or personal, even though such property
would not be considered appropriate or legal for a fiduciary
apart from this provision, it being my intention to give my
fiduciaries the same power of investment and reinvestment
which I would possess if present and acting.
(c) To sell, convey, exchange, partition, give
options upon, or otherwise dispose of any property, real or
personal, at any time held by them, at public or private sale
or otherwise, for cash or other consideration or on credit,
and upon such terms and for such price as they may determine.
(d) To borrow money for any purpose in connection
with the administration of my estate or the trusts created in
this Will, to execute promissory notes or other obligations
for amounts so borrowed, and to secure the payments of such
amounts by mortgages or pledges of any property which may be
included in my estate or the trusts created in this Will.
( e )
amounts, upon
such persons,
advisable.
To make loans, secured or unsecured, in such
such terms, at such rates of interest, and to
firms or corporations as they may deem
(f) To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by my estate
or the trusts, for as long a period or periods of time and
on such terms as they may determine, and to adjust, settle
and arbitrate claims or demands in favor of or against my
estate or the trusts created in this Will.
(g) In dividing or distributing any property, real
or personal, included herein, to divide or distribute in
cash, in kind, or partly in cash and partly in kind, as they
may determine, and to that end allot specific securities or
other property or an undivided interest therein to any share
or part.
(h) To hold, manage, and develop any real estate
which may be held by them at any time, to mortgage any such
property in such amounts and on such terms as they may deem
advisable, to lease any such property for such term or terms,
and upon such considerations and rentals as they may deem
advisable, irrespective of whether the term of any such lease
shall exceed the period permitted by law or the probable
period of retention in my estate or in a trust; to make
~ '
repairs, replacements and improvements, structural or
otherwise, in connection with any such property, to abandon
any such property which they may deem to be worthless or not
of sufficient value to warrant keeping or protecting, and to
permit any such property to be lost by tax sale or other
proceeding.
(i) To employ such brokers, banks, custodians,
investment counsel, attorneys, and' other agents and to
delegate to them such duties, rights and powers as they may
determine, and for such periods as they think fit.
(j) To register any such securities at any time in
their own names, in their own names as fiduciaries or in the
names of nominees, with or without indicating the trust
character of the securities so registered.
(k) With respect to any securities forming part of
my estate or the trusts created in this Will, to vote upon
any proposition or election at any meeting of the corporation
issuing such securities, and to grant proxies, discretionary
or otherwise, to vote at any such meeting; to join or become
a party to any reorganization, readjustment, merger, voting
trust, consideration or exchange, and to deposit any such
securities with any committee, depository, trustee or
otherwise, and generally to take all action with respect to
any such securities as could be taken by the absolute owner
thereof.
(1) To determine, as to all sums of money and other
things of value received by them whether and to what extent
the same shall be deemed to be principal or income, and as
to all charges and expenses paid by them, whether and to what
extent the same shall be charged against principal or income.
6. I direct that all estate, inheritance and
succession taxes that may be assessed in consequence of my
death, of whatsoever nature and by whatsoever jurisdiction
imposed, shall be paid out of the principal of my general
estate to the same effect as if said taxes were expenses of
administration; and all property includible in my taxable
estate whether or not passing under this Will, shall be free
and clear thereof.
7. If any legatee or devisee under this Will shall die
within sixty (60) days after my death he shall be deemed to
have predeceased me for all purposes under this Will.
8. I appoint my daughters, Pamela R. Powers and
Patricia Powers Fry, as my executrice. If either of them is
unable or unwilling to serve, then I appoint the other as my
sole executrix.
9. My fiduciaries shall not be required to post bond
A,:, ,-
for the faithful performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I, the said Virginia R. Powers,
herewith set my hand to this my last Will, typewritten on
five (5) sheets of paper, including ~ attesta~o~~~ause
and signatures of witnesses, this ~ day of ,....--rr--_.l' 1995.
~6 --~ A?L~
Vir inia R. Powers
On the J~~ day of t~ 1995, Virginia R. Powers,
declared to us, the undersigned that the foregoing
instrument was her last Will, a d she requested us to act as
witnesses to the same and to her signature thereon. She
thereupon signed said Will in our presence, we being present
at the same time. We now, at her request, in her presence,
and in the presence of each of us hereby subscribe our names
as witnesses. Each of us further declares that she believes
this testatrix to be of sound mind and memory.
A-~v~
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residing at
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residing at
ACKNOWLEDGEMENT
COMMONWEALTH OF PA
SS
COUNTY OF CUMBERLAND
I, Virginia R. Powers, the testatrix, whose name is signed
to the attached or forgoing instrument, having been duly sworn
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; and that I signed it
willingly and as my free and voluntary act for the purposes
therein expressed.
7~~'~~ . AI' L~
Vir nia R. Powers
Sworn to and aCknowl~before
me th is /1JfPc day of R ( 1995
~~.&~
~ Notary Public
NOTARIAL SEAL
CATHERINE M. BLAIR, Notary Public
Boro. of New Cumberland. Cumberland Co.
My Co~",.1E.s.~<?n_.~~pire5 June 16. 1997
" .....
AFFIDAVIT
COMMONWEALTH OF PA
: SS
COUNTY OF CUMBERLAND
We, ~~v~ and~,(J.~ ,
the witnesses whose names are signed to the attached or forgoing
instrument, being duly sworn according to law, do depose and say
that we were present and saw testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly
and executed it as her free and voluntary act for the purpose
therein expressed; that each of us in the hearing and sight of the
testatrix signed the Will as witnesses; and that to the best of
our knowledge the testatrix was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue
influence.
Sworn to and ackn~wJedged before
thi s Ie#- day of F.4hu7 1995.
NOTARIAL SEAL
CATHERINE M. BLAIR, Notary Public
Boro. of New Cumberland, Cumberland Co,
~r!!!T1!~~.(!~J:,,::::re5 June 16,1997
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,Aj~
me
.~~A~/Jt.~
Notary Public