HomeMy WebLinkAbout04-15-08
Estate of Rose P. Kosier
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
No. 21-08- bl1?JO
To:
, Deceased.
Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
in the
Social Security No. 133-24-1996
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut N/A
in the last will of the above decedent, dated February 2. 2005
and codicil(s) dated none
The executors named in said will, to wit: Shannon Roseann Pevarnik and Sean Kosier, renounced in
favor of Petitioner, Julia Foley, who requests that Letters of Administration, CT A, be granted to her.
named
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with
h er last family or principal residence at 907 Derbyshire Avenue. Mechanicsburg.
Uoper Allen Townshio. Pennsylvania 17055.
(list street, number and municipality)
Decedent, then 76 years of age, died 9/10/2007
at 907 Derbyshire Avenue. Mechanicsbura. Uoper Allen Townshio. PA 17055
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim ofa killing and was never adjudicated
incompetent: NONE
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 142.500.00
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $ 139.500.00
situated as follows:
907 Derbyshire Drive, Mechanicsburg, Upper Allen Township, Cumberland County, PA
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented h~r~and the~rant ofle rs of administration. c.t.a.
thereon. ...... .. /. . . (testament3/)'; administration c.t.a.; administration d.b.n.c.t.a.)
~. ~ 1970 Enola Road
2!: . . ;o..Lr;;;'-;;-" tl ......-- Carlisle PA 17013
g Ju' Foley f/ 0
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OATH OF PERSONAL REPRESENTATIVE
COMMON". 'EAL TH OF PENNSYLVANIA } 55 Julia Foley
COUNTY OF Cumberland
The petitioner(s) above-named swear(s) or affrrm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief ofpe .. er(s) and that~s. ~rsonal represen-
tative(s) of the above decedent petitioner(s) will well ancl,Atiily a inister the e~according to law.
Sworn to or affinned.aHd subscribed dt-C",/ a0- - ~ ~
before m ~ is "J day of { ~
Aoril 2 ~
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H105.905MS REV. 6/06
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records In accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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July 10, 1931
Sa. Pface of Death (Check only one)
Hospital: Other:
Dlnpatient DER/Oulpalient DOOA o Nursing Home e1Residence DOther-Specify
9. Was Decedent of Hispanic Origin? G2rNo D 'fes 10. Race: American Indian, Black, While, etc.
lit yes, specify Cuban, lSpeciM
907 Derbyshire Avenue ""'''",PoortoR'''''.'',.1 white
12. Was Decedent evaf in the 13. Decedent's Education (Specify only highest gradq completed) 14. Marilal Status: Married, Never Married,
U.S. Armed Forces? Elementary I Secondary {O-12) College (1-4 or 5+) Widowed, Divorced (Specify)
Dy.. fiZl'No 1 2 widowed
~c:~;:idence 17a.Slate Pennsylvania B~~~edent 17c.~e$.Decedenllivedin Upper Allen
17b,Counly CUmberland Township" 17d.D No,Oecedet1tLivedwilhin
Actual limits QI
Frank Yeropoli
State Registrar
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
1174336
SEP 1 9 2007
H105.143 REV l1i2006
TYPE / PRINT IN
PERMANENT
e]ACK INK
..;;2-/1 1. Name of e'ecedent (First, middle, last, suffix)
Rose Patricia Kosier
5. Age (Last Birthday)
No.
Date
STATE FILE NUMBER
I-- t 0 <6 d-gb
76Yffi.
8b. CO\Jnty ot Death
133
- 24
4. Dateo! Death (Month, day, year)
Sept. 10, 2007
6, Date of Birth (Month, day, year)
Geneva, NY
ad. Facility Name (If n"t institution, give street and number)
11. Decedenl's Usual Occu lion Kind of work done durin most a1 workin life. Do not slate retir
Kind of Work Kind ot Business f Industry
Ele::t:D::nic Assenb1: Manufacturin
. 16. Decedent's Ma~ing Address (Street, City ( town, state, zip code)
907 Derbyshire Avenue
Mechanics , PA 17055
18. Father's Name (First, middle, ~st, suffiX)
Dcminic Carnovale
r."
City/Bora
20a. Informant's Name (Type f Print)
Julia Foley
19. Mather's Name (First. middle, maiden sumame)
Anna Mary Mal vaso
2Ob. Informant's Mailing Address (Street, city I town, stale, z~ code)
1970 Enola Road Carlisle, PA 17013
21 a. MethOd of Dispos"ion
21c. Place of Disposition (Name of cemetery, crematory or other place)
21d.locatian (City/town, state,zipCode)
Hollinger Cremato r-t:. !bll
22c,Name alldAddress of Facilily 8 Market Plaza Way
Malpezzi Funeral Hane Mechanicsburg, PA 17055
FA
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I ApproximateintefVal:
: Onset to Death
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23b, liCense Number
Part II: Enter ather si~nicant concitions contriburina 10 death, 28. Did TObacco Use COIltribllle to Death?
but not resulting in the unde~ying cause given in Pari I. DYes D Probably
o No 0 Unknown
Oy" DNo
31. Manner 01 Death
~al OHomicide
o Accident 0 Pending In...estigatiOll 32d. lime a1lnjury
o Suicide 0 Could Not be Determined
32a. Dateoflnjury(Momh,day, year)
29. If Female'
o Not prs!Jlant within past year
D Pregnantattlmeofdeath
o NO! pregnant, but pregnant within 42 days
otdeath
o Notpnlg1anl,ootpregn8f1t43daystolyear
beloredeath
D Unknown il preglant within the past year
32c. Place of I,nlury: Home, Farm, Street. Factory,
Office BUilding, etc. (Specify)
~~~~t ~~:CW:J'~ ~i~ a
En\er~e UNDERLYING CAUSE
~~=~~IW~1'n'~~t~mr.e
OtJe to (or as a consequence of):
Due to (or as a consequence of):
308, Was an AuIOpsy
PerlOffll8d?
3Ob. Were Autopsy Findings
AyaiJable PriDT to Completjon
01 Cause of Deafh?
0'"
32g. Locationot Injury (Slreet, city I town, stale)
33a Cel'lilier (check only one)
Certifying physician (Physicien certifying cause of death when another physician has pronounced death and completed lIem 23)
To the best of my knowledge, death oceurred due to tht csuse(sJ and manner as sfar.a.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______ ____
;~~:u:e~~~t~~ ~::~~:~hXe~~~a~(:::r:i~~ t:~i~~~:~~~~n~=i:c~~~~~~~~ot~:::~~~~~~ manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
~~c::,c:~~~sm~~:~;f~~~:~ and I or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) Bnd manner as stated_ 0
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Disposition Permit No. 00,' 2908
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This
LAST WILL
prepared for
ROSE P. KOSIER
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JOHN D. GRIGSBY
Attorney At Law
101 S. Market Street
Mechanicsburg, P A 17055
(717)796-6537 Fax(717)796-3600
ill JOHN D. GRIGSBY
All Rights Reserved
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Last Will
of
ROSE P. KOSIER
Table of Contents
Article One - Introductory Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1
Article Two - Appointment of My Personal Representatives .................... 3
Article Three - Disposition of My Property. ............................... 4
Article Four - Death Taxes. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article Five - General Provisions. ...................................... 6
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Last Will
of
ROSE P. KOSIER
I, ROSE P. KOSIER, the Testatrix, also known as ROSE P. KOSIER, a resident of Cumberland
County, Pennsylvania, declare that this is my last will. I hereby revoke all my previous wills and
codicils.
Article One
Introductory Provisions
Section 1. Marital Status
I am not currently married.
Section 2. Children
a.
I have no living children.
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Article Two
Appointment of My Personal Representatives
Section 1. Nomination of My Personal Representatives
. .
I appoint the following to be my Personal Representative(s) in the order ofprior\ty'in which
their names appear:
SHANNON ROSEANN PEV ARNIK
SEAN KOSIER .
If, for any reason, the Personal Representative(s) named above are unable or unwilling to
serve, the next successor Personal Representative(s) shall serve in the order of priority
listed until the list has been exhausted. Unless otherwise specified,. if Co-Personal
Represeptatives are serving, the next named successor Personal Representative shall serve
only after all of the Co..:Personal Representatives cease to act as Personal Representatives.
Section 2. Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in this
will.
Section 3. General Powers
My Personal Representative shall have full authority to administer my estate under the laws
of the Commonwealth of Pennsylvania relating to the powers of fiduciaries.. My Person~l
Representative shall have the power to administer my estate under the applicable state
statutes which provide for independent administration of estates.
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Article Three
Disposition of My Property
Section 1. Estate Planning Letter or Memorandum
To the extent permitted by state law and not necessary to fully utilize my Unused Unified
Credit Equivalent, my Personal Representative shall distribute such of my personal or
household items to such persons as I may direct by a written instrument signed by me and
delivered to my Personal Representative.
Section 2. Distribution to My Revocable Living Trust
I give all the rest, residue and remainder of my property of whatever nature and kind and
wherever located to the then acting Trustee(s) of my revocable living trust of which I am
a Trustor known as:
The KOSIER LIVING TRUST dated February 2,2005 and any amendments
thereto.
I executed said trust prior to the execution of this will.
Section 3. Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute
my property as a testamentary trust the provisions of which are identical to those of my
revocable living trust on the date of execution of this will, or as thereafter amended.
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Article Four
Death Taxes
Section 1. Definition of Death Taxes
The term "death taxes," as used in this will, shall mean all inheritance, estate, succession,
and other similar taxes that are payable by any person on account of that person I s interest
in the estate of the decedent or by reason of the decedent's death, including penalties and
interest, but excluding the following:
a. Any addition to the federal estate tax for any "excess retirement
accumulation" under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue
Code Section 2032A.
c. Any federal or state tax imposed on a generation-skipping transfer,
as that term is defined in the federal tax laws, unless the applicable
tax statutes provide that the generation-skipping transfer tax is
payable directly out of the assets of my gross estate.
Section 2. Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes whether or not
attributable to property inventoried in my probate estate shall be paid by the Trustee from
my trust. However, if my trust does not exist at the time of my death or if the assets of my
trust are insufficient to pay the death taxes in full, I direct my personal representative to pay
any death taxes that cannot be paid by my trustee from the assets of my probate estate by
equitably prorating and apportioning those taxes among the beneficiaries of this will.
Unless specifically provided otherwise in my trust, all death taxes incurred by reason of
assets being transferred outside of my trust or probate estate shall be assessed against those
persons receiving such property.
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Article Five
General Provisions
Section 1. No Contest Clause
If any person or entity other than me singularly or in conjunction with any other person or
entity, directly or indirectly, contests in any court the validity of this will including any
codicils thereto, then the right of that person or entity to take any interest in my estate shall
cease and that person (and his or her descendants) or entity shall be deemed to have
predeceased me.
Section 2. Captions
The captions of Articles, Sections and Paragraphs used in this will are for convenience of
reference only and shall have no significance in the construction or interpretation of this
will.
Section 3. Severability
Should any of the provisions of this will be for any reason declared invalid, such invalidity
shall not affect any of the other provisions of this will and all invalid provisions shall be
wholly disregarded in interpreting this will.
Section 4. Governing Law
This will shall be construed, regulated and governed by and in accordance with the laws
of the Commonwealth of Pennsylvania.
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I signed this, my last will, on February 2, 2005.
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ROSE P . ROSIER
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ATTESTATION CLAUSE
On this February 2, 2005, ROSE P. KOSIER, Testatrix, personally Published and Declared
the foregoing instrument, as and for his Last Will and Testament, in the presence of each
of us and all of us together, who, at his request, in his presence, and in the presence of
each other, also signed the said instrument as witnesses . We further state that each of us
believes that at the time he executed the foregoing instrument he was of sound mind and
memory, oflawful age, and did so execute it as his own free act and deed and not under
the constraint or undue influence of any person.
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Acknowledgment
Commonwealth of Pennsylvania
County of Cumberland
I, ROSE P. KOSIER, the Testatrix, whose name is signed to the attached or foregoing
instrument, having been duly qualified 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.
Sworn to or affirmed and acknowledged before me by ROSE P. KOSIER, the Testatrix, on
this February 2, 2005.
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Notmial Seal
'ft" Anne Carmody, Notary Public
.. ;,_chanlcsburg Bore, Cumberland County
_" Commission Expires Expires Mar. 11, 22:~c
Affidavit
Commonwealth of Pennsylvania
County of Cumberland
We, '[fA L 1'/1 Fe (.. " l' and \JC}rf~ if/!... ,1-( (J ,-', the witnesses whose names
are signed to the attached or foregoing instrument, being duly qualified according to law,
do depose and say that we were present and saw the Testatrix sign and execute the
instrument as his Last Will; that the Testatrix signed willingly and executed it as his free
and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the Testatrix signed the will as a witness; and that to the best of My
knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under
no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by J t1 t-t /; /~~ i 6- ( and
'J:?lf g'V Cl... ;.~~. ~ 'f , witnesses, on this February 2, 2005.
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Notary Public
Nc.t~Ji~!i :'~"~,:-~l
Anne Carmody. :\JOlary PI.'blic
"c:<,I~Einicsi:)urg 130iO. Cumberland COIJn~,/
" ~::'iis~~\Gn EXp\feS Expires Mar. -~ 1
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Cumberland
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
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RENUNCIATION
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Estate of Rose Patricia Kosier
, Deceased
I, Sean Kosier
(print Name)
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
Executor
administer the Estate of the Decedent and respectfully request that Letters be issued to
Julia Foley
April I 0 , 2008
(Date) I
11 Dakota Drive
(Street Address)
Hanover, PA
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this 10 day
of APRL L. )..Cb 6
,
Deputy for Register of Wills
AJ~~/J~
Notary Public
My Commission Expires: 1//)"/:l co 8
(Signature and Seal of Notary or other official qualified to
administer 0 . nItt~~ission.)
Notarial Seal
Step~e~ R. Smith, Notary Public
Fa1fv~ew Twp., York County
My CommIssIOn Expires July 12, 2008
Form RW-06 rev. 10.13.06
2. t () <i' 0 Lt~O
RENUNCIATION
Cumberland
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
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Estate of Rose Patricia Kosier
, Deceased
I Shannon Roseann Pevarnik
,
(print Name)
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
Executor
administer the Estate of the Decedent and respectfully request that Letters be issued to
Julia Foley
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April q I 2008
,
(Date)
II Dakota Drive
(Street Address)
Hanover, P A
(City, State, Zip)
Executed in Register's Office
Sworn to or affmned and subscribed
before me this day
of
Executed out 0/ Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this tf.::t:IL- day
of /fPft.IL , doer';?
6-,!y'~3VI f1-1-~k
Notary Public
My Commission Expires: g /;-; /3-d 6'7
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
(Signature and Seal of Notary or other official qualified to
~inister oaths. Show date of expiration of Notary's 8ommission.)
, wIth n
NOTAIiIAL SEAL
EVELYN M. BINNER, Notary Public
Penn Twp., County of York
My CommissiOll Expires August 13, 2009