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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 u ~ ~ ]~ ~ "-'~O l1;I ~ 'j _u ex:: l:l : I:J ~= "~o a.9:.J::>/~ i ~ .-/:; fj;j _0 00 g )'-.)--1 ~ ;'-)=0 I .:t;-"" ::t..,. N c:::::. 0::::::. CQ :llIIo -u .:::0 - CJ1 ~ ~- (") -;', .- .. 1;] ~,:.:~~: ( ~ r-y", .. CJ1 J - 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 ~ '~ 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. /2 ~ '4 V(5 --:J ~~ tfiMyoL 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 ~=~g~~~~~~~ J~~~\ dlsea~ I ApproximateintefVal: : Onset to Death , , , , , Yl ~5g""L 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 z o ~ o " ~ I J... I I l..z I i I ~ I 36 D_'" ~~ (1;",h;:~Y:;'c)7 Disposition Permit No. 00,' 2908 /7tJr3 I Vd C<",,_iin8 11 j"O" i' ~'l'ri'H:lUO ol i I,.) 0i1~'1' , 0 ~O >id3l8 I S:l Wd S I ~dV 9002 This LAST WILL prepared for ROSE P. KOSIER 2\ o~ O'-1-S0 52 ,:;;0 "''''' :IJ 'v --:1::0 -:~S9 ~_.::~(-'JX . S=;;O ;:~ -n .5} ::u-l ,.I;.. 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 ~'i CJ1 - "-J <:;::) <:;::) <;;0 ::::- -0 ::0 en -U ::J:: - .. ->, ,+, C) ~i5 C:-:J r'fl C::J Cu::~ c'5 I rn (.,:' ,::> .~r1 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 * 1 ~\:< ~\<( 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. * 1 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. , < * 2 ,.~~ 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. * 3 ~~ 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. * 4 ~~\( 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. * 5 ~~ I signed this, my last will, on February 2, 2005. "'\ "",J _' :> " j. "', '-.If" ') ROSE P . ROSIER '" . \'" (..../ "~^- '\ 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. -~ eSWULft4 h I q 7 tJ GAl (J LA- b4-tJ Street address ~C-/~L~, tf};-l7dl.3 City, State, Zip 7 "" ,.., .~~r:~ ,/I~: / Witness ~ // I . ? J 7 ') /t'i ~i.. r~J-I, Street address ')7 " / l1Lc/14 1 City, State, Zip * 6 ~'L 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. '"'~......""", ('~...', , ) ") '. ~, ~ .. ~'=::'-~ ... ", r:----. -. \ >. I" "" Q '. < -~~ '. ~,~:\ ~O~~';-KOSIER ) ": ".:.:......~, 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. /) Y- "U}~ 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 * 7 ~~\Z '2 \ 0<6 o~'3>0 Cumberland REGISTER OF WILLS COUNTY, PENNSYLVANIA o r- :;:~ ~lU :::c: C") "t>r-' " :2: g::] (/) ><:: (', ;:-< Q "l...J ) 1 (--. Jj C--l ? r--.:l = = <= ;po. " :::0 RENUNCIATION CJl " ::ll: CJl 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 C) ~~ ~u IO ):>r- :-::;cg '\.":/)~:~ (~.., ~({~~ ,.,.' '-~- --r-r :;? ---I ~. t'-.,;) = = <::0 :bo -0 ;:;0 UI ." :x (~) =J-i (.;;::;;;:; "-. ~ /"1 - .. c.n I"\) 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 ~k~P~ i lure) ~ 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