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HomeMy WebLinkAbout07-27-07 ..... .~ PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of Theresa Anne Kennedy also known as File Number ~ I -07 - 7/~3 , Deceased Social Security Number 082-20-6443 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 121 A. Probate and Grant of Letters Testamentary and aver that Petitioner( s) is / are the Executor last Will of the Decedent dated October 5,2005 and codicil(s) dated None. Q -=:~ c} "', C:' <:.:=;, i'rntned in the L. t- r- 1 } " .) r-.- (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 oftM~~trument(~ffered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: --, l::..J N o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.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 spouse (if any) and 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.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland 20 North 12th Street. Apartment 230, Lemovne. PA 17043 (List street address. town/city, township, county, state, zip code) County, Pennsylvania with his / her last principal residence at Decedent, then 81 years of age, died on July 20, 2007 at Holy Spirit Hospital 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 ofreal estate in Pennsylvania 50,000.00 $ $ $ $ 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 ed or rinted name and residence Dennis P. Kennedy, 406 Pocahontas Drive, Ruther Glen, VA 22546 Form RW-02 rev. 10.13.06 Page 1 of2 r'" .' Oath of Personal Representative COMMONWEAL TH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affurn(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. Signature of Personal Representative Signature of Personal Representative Q .--.,.1") U ~ ,---") --.l c..... c: F 1"\..) -.I File Number: ;} I -07- 7/ ~ ,---'- ....:.~ .----, "'-",, ,.'.-...... \J Estate of Theresa Anne Kennedy AND NOW, o N :Jfn 7 ,in consideration of the foregoing Petition, satisfactory proof that Letters Testamentary Date of Death: , Decea~ "I :u -,-- ---j July 20, 2007 ~'.~ -,,~ .r::- ~fM having been presented before me, T I are hereby granted to Dennis P. Kennedy in the above estate and that the instrument(s) dated October 5, 2005 d",ribed in the Petition he <tdmitted to ",ohate and filed oheco,d '" the l",t Will (and Cnilicil(s)) o~t Lelt"" FEES $ 9000 Jiwda- I Cfl;j2gfw;'h' t\fviJ~ Uf 16.00 Attorney Signature: ~~f~~ Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ Will . . . $ JCP $ Automation . .. $ .. . $ .. . $ .. . $ ... $ .. . $ $ TOT AL '" . . . . . . . . . . . $ 15.00 10.00 5.00 Attorney Name: Thomas S. Beckley, Esquire Supreme Court I.D. No.: 77040 Address: 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Telephone: (717) 233-7691 136.00 Form RW.02 rev. 10.13.06 Page 2 of2 J~ ,1-07 -e7F); - LOCAL REGISTRAR'S CERTIFICATION OF DEATh WARNING: It is illegal to duplicate this copy by photostat or photograph. Fcc for this cenific;lte, Sh,OP Certifilation Numher /I"(~~;r[f![;~ /.l #:.~/ . ~~ ~~~ l~/ ~~~\ If:J1e/ .~ -- - \~ % I~ C::L a,i' ' ~s;:~ ~u, '-l,d ,,' '" \ ", . ". ., ... ~*~." ~.."''''''>'/*~I "c::2' .,~. ....~,' \.~".,. ...' /~// -----!,fjifCNt ~, ~\II\\~ ;.........,...,,"",.'IIIIIII~. This is to cenif:- that thl' illfoTlla:ioll I ,'Ic' .,-,I\cn is correctly copied from al1l'I'igin:tl C:nlilal': 01 Death duly fikd with Ille as Lu at R'Ti'lral I Ill' "i~'ll1al certificate will he rOn\ ,,!ded to th,; S,~I.tl' Vital Records Oflicc fur perilla ICllt l'i1ing, P 13770523 ~. ,IJ} ~!&~~-_-1!!iJLL Z001 Local Registrar Datt' Issucd " ~ , ~; f'"-...) l::::.:'..::l c:::-~ C) --.} c.. c- r--- r'<~. --.J a N 3 REV 1112006 I PAINT IN lMANENT ACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER 1, Name of Decedent (Rrsl. middle, last, suffix) Theresa A. Kennedy 5. Age (Last Birthday) 81 YIS 6. Date of Birth (Month, day, year) 8b. Counlyof Death Cumberland , 1. Decedent's Usual Occ tion Kind of work done dun mosl 01 workin lile. 00 not stale reti Kind of Work Kind of Business {Induslry Medical Investi a or State of Pa . 16. Decedenrs Mailing Address (Street, city 11own, stale, zip code) 14. Marital Status: Married, Never Married, wklowed,O_IS_ Widowed Decedenfs Actual Residence 17a. State 17b. County Pa Cumberland Did Decedent Uvein a Township? 17c. [J,. Yes, Decedent ~ed ~ 17d. ~No, Decedent UvedWlthin AcluafUmllsof Lemoyne Twp 20a. Informant's Name (Type I Prtnt) Dennis Kennedy 19. Mother's Name (Arst, middle, maiden surname) N/A City/Born 21b. Date of Disp:lSltlon (Month, day, year) 21c. Place 01 Qjspos/tion (Name of cemetery, crematory or other place) 2Qb. Informant's Mailing Address (Street, city f town, state, zip code) 406 Pocahontas Drive Ruther Glen va 22546 21 d. Locallon (City I town, state, zip code) Funeral Home inc 23b. License Number 23c. Date Gigned (Month. day, year) lIems 24.26 must be completed by perron ~ who pronotKlCeS death. 26. Was Case Referred to Medical Examiner! Coroner for a Reas-:m Other than Cremation or Donation? DYes ONo Approximate intervat Onset 10 Death Part It: Enlerolhersicnificanlcootitionscontrihutinntndeath, but not resulting in the underlying cause given in Part I 28. Did Tobacco Use Contribute to Death? o Yes 0 Probably [] No ~Unknown 29. II FemaJe' !::l'Nolpregnanlwilhinpaslyear tJ Pregnant al tIme of death o No! pregnanl. bul pregnantwifhin 42 days o/death o Not pregnant, but pregnanl 43 days to 1 year bE!loredeath o Unknown it pregnant wilhin lhe past year 32c. Place 01 t.nJ~ry: Home, Farm, Stme!, Factory, Otflce BUilding, ete (Specify) ~~Cni'~S:J:~)dise~ a. J~\~<N"- DU:tt:IFnce~ 0 A I u.... ieIOlo'asa~ .-m IV\. ue to (or as a coosaQuence of): 4u1lc.n~ "'~. Sequenlial~listconditioos, ilany, ~:n~~o UNeD"i~~:~~ru~ a (dsease or injury thai initiated the events resulting In oeath)lAST. Dyes LJNo 3Qb. Were Autopsy Rndings Available Prior to Completion 01 Cause 01 Death? DYes ~o 31. Manner 01 Death ~Naturat 0 HomICide D Accident 0 Pending Investigation o Suicide 0 Coold Not be DetefTTllned 32d. TIme of Injury 30a_ Was an Autopsy Performed? M. 321. II Transportation Injury (Specify) o Driver I Operator 0 Passenger OPedestrlan Othet-Sp6cify' 33b. S;gnalure and Tille 01 32g.locationoflnjury(S1reel. city/town, slato) 332. Certifier (check only one} Certttylng physician (Physician ceffifying cause 01 death when another physician has pronounced death and completed Item 23) To the beat of my knowledge, dlKlth occurr~.dU&IOthe C8Use{S) and manner as statecL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ -)ZI ... ;~O:U:~~f.: =~~h::~~~a~~~=:~ :;:~~n:e::~~~:rt~~n~ol~~~:~:~~ manner as stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~::~~:~m~~:~~=: and {or investigation, in my opinion, death occurred atlhe lime, date, end place, end due to the ceuse(s) and manner as stated_ 0 33c. license Number 'GOt{ 2r~- L 35_ Registrar's Signatu,N District Num)'?;:..? tf:^ ~ ~.r I ~I I I .)" / It ~~d~O~IS5:ii;led;;1j)'Dealhl"em 0"00""0' Pennil No ~ ~t:) ~r1'" LAST WILL AND TEST AMENT OF (~ :_:r:; ,;:;;.-:J -..l L. t .-~ r--- f',.) -J THERESA ANNE KENNEDY f-7' -'_J I, THERESA ANNE KENNEDY, a resident of Cumberland County, Pennsylv~~, being:-. .- 0 of sound and disposing mind and memory, do make, publish and declare this to be my Last Wilrv and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: TAXES. I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any prop- erty, shall be paid by my Executor out of the property passing under this Will, which is not spe- cifically bequeathed or devised, as an expense and cost of administration of my Estate. My Ex- ecutor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Ex- ecutor, even though on proceeds of insurance or other property not passing under this Will. ITEM II: POWERS OF APPOINTMENT. I hereby exercise all powers of appoint- ment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my Estate. ITEM III. PERSONAL POSSESSIONS. I hereby give and bequeath all of my house- hold furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other articles of household or personal use and adornment to my son, DENNIS P. KENNEDY if he survives me, or, if he does not, then my possessions and property not otherwise disposed of shall be sold and the proceeds distributed in accordance with my re- sidual estate. Page ] of 4 Pages ~~~~ ITEM IV: RESIDUAL EST A TE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, to my son, DENNIS P. KENNEDY, if he survives me, or, if he does not, to such living issue as he may then have. If! am not survived by Dennis or any issue of Dennis, my residual estate shall be given to THE ROMAN CA THO- LIC DIOCESE OF HARRISBURG, PENNSYLVANIA, for use in the schools operated by it. ITEM V: EXECUTOR'S POWERS. In the settlement of my Estate, my Executor shall possess, among others, the following powers: (a) To sell, either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me separately or in conjunction with other persons or acquired after my death by my Executor and to consummate said sale or sales by sufficient deeds or other instru- ments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the valid- ity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in my Will. (b ) To pay all costs, taxes, expenses and charges in connection with the ad- ministration of my Estate. (c) To distribute my Estate in kind or in money. In the event assets are dis- tributed in kind, such assets shall be distributed at their value(s) on the Page 2 of 4 Pages 1) A (<~ respective date(s) of their distribution. (d) To do all other acts in the judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VI: GUARDIANSHIP OF ASSETS. If at any time any minor child shall be entitled to receive any assets hereunder, FULTON BANK, having offices in and around Harrisburg, Pennsylvania, shall act as Guardian of the assets payable to such child. Said Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner said Guardian shall deem advisable for the best interests of such child, including college, university, post-graduate or other education, without securing court order. Said Guardian shall have all the rights and privileges as to the Guardianship(s) and the assets thereof as are herein granted to my Executor as to my Estate and the assets therein. ITEM VII: SIMULTANEOUS DEATH. Any person who shall have died at the same time as me or in a common disaster with me or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. ITEM VIII: EXECUTOR. I hereby nominate, constitute and appoint my son, DENNIS P. KENNEDY to be my Executor. In the event of the death, disqualification, resignation, refusal or inability of my son, Dennis P. Kennedy to serve as my Executor, I appoint FULTON BANK, having offices in and around Harrisburg, Pennsylvania, to be my Executor. My Executor, Trustee and Guardian specifically are relieved from the duty or obligation of filing any bond or other security. Page 3 of 4 Pages l' A /<~ ITEM IX. BURIAL. It is my wish to be buried at the Indiantown Gap National Cemetery in and around Lebanon, Pennsylvania, in a common grave. My headstone is to show my military rank and status. My casket flags are to be donated to the Indiantown Gap National Cemetery. Pre-arrangements have been made with the Neill Funeral Home in Camp Hill, Pennylvania. In the event of nonrecovery of my remains, a headstone is to be placed in the section of the cemetery reserved for such. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my last Will and Testament, consisting of this and the preceding three (3) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~1~o day of October, 2005. Page 4 of 4 Pages 1fV!/:JU ~ (L.z Theresa Anne Kennedy We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the pres- ence of us who, at her request and in her presence and in the presence of each other, have here- unto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. o .y~ --' (SEAL) 4t:4~ (SEAL) 0/ '. ~. C?&~(SEAL) Residing at Lf&O IJ. z-Si /, Sf. ~ II--dl; (J~ /7cil Residing at ] s? iI~ '/if' )f7-P~f Wr oM)! I /Z Residing at /ftJ ~~ ~ ~ ~16 Iff /~II .' AFFIDA VIT COMMONWEAL TH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, the undersigned Testatrix and Witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and de- clare to the undersigned authority that: 1. The Testatrix signed and executed the instrument as the Testatrix's Last Will and Testament. 2. The Testatrix signed and executed the Will willingly as the Testatrix's free and voluntary act for the purposes therein expressed. 3. Each of the Witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness. 4. To the best of the knowledge of each of the undersigned, the Testatrix was at the time 18 years of age or older, of sound mind and under n constraint or undue influence. ("Witness") ~~7 Sworn or affirmed and subscribed to before me by the above-named Testatrix and Wit- nesses, this ,5.}fv' day of October, 2005. NOTARIAL SEAL GERALDINE J. SCRBACIC, Notary Public City of Harrisburg, Dauphin County My Commission Expires Nov. 20, 2006 / i .... ~ / . /b.--,- ~,_Lt-? Z-0 '. ..:.l..r-J:_~ ~ c ~~ Notary P. bHc (SEAL)