HomeMy WebLinkAbout07-27-07
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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.
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(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: --,
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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
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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
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Estate of Theresa Anne Kennedy
AND NOW,
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:Jfn 7 ,in consideration of the foregoing Petition, satisfactory proof
that Letters Testamentary
Date of Death:
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July 20, 2007 ~'.~
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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);
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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
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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
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Local Registrar Datt' Issucd
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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~
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DU:tt:IFnce~ 0
A I u....
ieIOlo'asa~
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ue to (or as a coosaQuence of):
4u1lc.n~
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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
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35_ Registrar's Signatu,N District Num)'?;:..? tf:^
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LAST WILL AND TEST AMENT
OF
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THERESA ANNE KENNEDY
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I, THERESA ANNE KENNEDY, a resident of Cumberland County, Pennsylv~~, being:-.
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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
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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
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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
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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.
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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")
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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
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(SEAL)