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HomeMy WebLinkAbout10-22-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Victor H. Losch also known as File Number 21-07-0269 , Deceased Social Security Number 190-]6-2082 _______ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) o /- c-:; in C) C-) , ---. o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated and codicil(s) dated ,1 N named in the 1'-' .~j.- ,.r."." ~ --n (State relevant circumstances, e.g., renunciation, death of executor, etc.) :'0 .. 1''' ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthe instrum;nt(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ B. Grant of Letters of Administration d.b.n.c.t.a. (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 4411 Roval Oak Road. Camo Hill Hamoden Townshio PA 17011 (List street address. town/city, township, county. state. zip code) County, Pennsylvania with his I her last principal residence at Decedent, then 83 years of age, died on February 23, 2007 at 4411 Royal Oak Road, Camp Hill, PA l7011 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 Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ situated as follows: Wherefore. Petitioner(s) respectfully request(s) the probate ofthe last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate fonn to the undersigned: T ed or rinted name and residence Karen L. Fegley, 12 Oakwood Circle, Camp Hill, PA 17011 Darryl V. Losch, 8]40 Crestview Drive, Covington, GA 30014 Form RW-02 rev. /0./3.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 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(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed Signature of Personal Rl!presentative Signature of Personal Representative File Number: 21-07-0269 Estate of Victor H. Losch , Deceased Social Security Number: 190-16-2082 Date of Death: Februarv 23. 2007 AND NOW, 0:..\:.:0, 'a RA..__ :J.:L , ~<::t)\ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters of Administration d.b.n.c.t.a. are hereby granted to Karen L. Feglev and Darrvl V. Losch in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. , Ji~(L'4lU"'A ,~~ ~trt 4:::/ e~ 1"4 FEES Letters ............... $ ~l) . O() Short Certificate(s) . . . . . . . . $ ~ ,cO Renunciation(s) .......... $ ...$ ... $ . .. $ ...$ $ $ $ $ $ TOTAL.............. $ ,~~ .C:n Attorney Signature: Attorney Name: Andrew C. Sheely, Esquire Supreme Court J.D. No.: 62469 Address: 127 South Market Street P.O. Box 95 Mechanicsburg. PA 17055 Telephone: 717-697-7050 .Q. ~ Form RW-02 rev. /0./3.06 Page 2 of2 LAST WILL AND TESTAMENT OF j--':. VICTOR H. LOSCH Q ,..-......., (~-:) (J I .. . I. VICTOR H. LOSCH, a resident of the Commonwealth of Pennsylvania, rW'tu;, pu~h and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofor;'(~ade ~me. I am retired from the military service of the United States.,: :::'. -",-. r"0 FIRST: I direct that the expenses of my last illness and funeral, t~-'~xpense~'of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property in~ed in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property (including reimbursement under Section 2207B of the Internal Revenue Code). SECOND: I give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to my wife ELEANOR 1. LOSCH, if she survives me. THIRD; I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife ELEANOR J. LOSCH, if she survives me, or if she does not survive me, to those of my children (DARRYL V. LOSCH, KAREN L. FEGLEY, VICTOR H. LOSCH II and CHERYL A. BYERS) who survive me, in substantially equal shares, to be divided among them as they shall agree, or if they cannot agree, as my Executor shall determine. FOURTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows; (a) If my wife ELEANOR J. LOSCH survives me, to my wife outright. (b) If my wife does not survive me, then to those of my children who survive me and to the issue who survive me of those of my children who shall not survive me, per stiroes. (c) If my wife does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FIFTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid arid distributed to the estate of the beneficiary. SIXTH: I appoint my wife ELEANOR J. LOSCH to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act ,Zc( 71 ~~ / for any reason as my Executor, I appoint KAREN L. FEGLEY and DARRYL V. LOSCH as Co-Executors. If either Co-Executor shall fail to qualify for any reason as Co-Executor, or having qualified shall die, resign or cease to act for any reason as Co-Executor, I appoint VICTOR H. LOSCH II as Co-Executor. If VICTOR H. LOSCH II shall fail to qualify for any reason as Co-Executor, or having qualified shall die, resign or cease to act for any reason as Co-Executor, I appoint CHERYL A. BYERS as Co-Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. SEVENTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. NINTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. TENTH: I may leave a letter of intent with the executed copy of this will for the purpose of giving guidance to my Executor concerning the distribution or sale of certain items of my property. I request, but do not require that my Executor honor my wishes therein expressed. This document was prepared under the authority of 10 U.S.C. 9 1044 and implementing military regulations and instructions, by Captain Robert E. Samuelsen II, U.S. Army, who is licensed to practice law in the State of Minnesota. IN WITNESS WHEREOF, I, VICfOr4' ,ign my name and publisb aud dec!."e thj, instrument as my last will and testament this ufJ: day of , 2003. I also have affixed my signature on the bottom of each of the preceding pages hereof. 0?irll ~~ VICTOR H. LOSCH The foregoing instrument was signed, published and declared by VICTO~ H. LOSCH, the above- named Testator, to be his last will and testament in our presence, ,allbeing presf;nt at the Same time, and we, at his 2 request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. -U~ ~'-Y having an address at (}evJf'~ J , ~ o.~- ;:',4- ;7DI?, having an address at ~ ~~/'f 17/)J-:J- 3 . . . " ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. o We, VICTORH. LOSCH andj=_~7f_Z_~!j__D.f-'_~___Ct4J_____________ _ -Ll ~ ~11_ A :.. () .#!...7L L _ _ _ _ _ _ _ _ _ _, the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, VICTOR H. LOSCH, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. . ,/ J _ f;;~ LP?~ VICTOR H. LOSCH Testator -td~ ~j-( (J- ftt4-- ~' " Witness Subscribed, sworn to and acknowledged before me by the said VICTOR H. LOSCH, Testator, and subscribed and sworn to before me by the above-named witnesses, this ~ day of ,2003. Nolarial Seal Betty S. Kistler, Notary Public Carlisle Boro, Cumberland County My Commission Expires May 14, 2005 Meml:ler, Pennsylvania J~ssociation 01 Notaries