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:)
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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
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(State relevant circumstances, e.g., renunciation, death of executor, etc.)
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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
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Form RW-02 rev. /0./3.06
Page 2 of2
LAST WILL AND TESTAMENT
OF
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VICTOR H. LOSCH
Q
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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.,: :::'.
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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
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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.
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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.
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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 _
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VICTOR H. LOSCH
Testator
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" 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