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HomeMy WebLinkAbout07-10-08PETITION FOR PROBATE & GRANT OF LETTERS Estate of WILLIAM ALLEN RODGERS No. 21-08- ~ ~~ also known as To: Register of Wills for the deceased. County of Cumberland Social Security No. 301-28-0207 Commonwealth of Pennsylvania The Petition of the undersigned respectfully represents that: Your Petitioners, who is 18 years of age or older and the Executor named in the Last Will of the above decedent dated March 23, 2004 ,and codicils dated none .The Executor named none died .Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 566 "F" Street, Carlisle Borough Decedent, then 74 years of age, died July 4 , 2008, at his residence Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the WiA offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values°as follows: (If domiciled in PA) Alf personal property $50.000.00 (If not domiciled in PA) Personal property in PA $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania, situated as follows: $140,000.00 566 "F" Street, Carlisle Borough Cumberland Count n ~ WHEREFORE, Petitioners respectfully requests the probate of the Last Will an~~Adicil(s)~resen~ed herewith and the gran~,of letters testamentary thereon. ? ~ ~ ,; Signature(s) and ResidenceO of Petitioner(s): } ~ ~ r` c _(7 ~7 / ~ _ J -t't ~ z Ja es Allen Rodgers 307 Waverly Drive ~, o :~ Clayto.n, NC 27527 ~ i,,~ -:> (919) 550-2674 ~` `' OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss 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 th s personal representative of the above decedent, petitioner(s) will well and truly administer the estate accor m to law. Sworn to or affirmed d subscribed ~ uw~) '' before me this ~ day Jul 008. James Allen Rodgers ~~ ~ ister ~~ A //i7 i No. 21-08- L'~ ~~ Estate of _WILLIAM ALLEN RODGERS ,deceased. ATTORNEY (Sup. Ct. I.D. No.) 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 ADDRESS 717-249-6333 PHONE DECREE OF PROBATE & GRANT OF LETTERS AND NOW, July %Q , 2008, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated March 23, 2004 described therein be admitted to probate and filed of record as the Last Will of William Allen Rodgers ;and Letters Testamentary are hereby granted to James Allen Rodgers FEES Probate, Letters, Etc..... ... $ 260.00 Short Certificates(-3- ) . ... $ 12.00 Renunciation(s) ........ ... $ none JCP ................. ... $ 10.00 Automation Fee ......... .. $ 5.00 Other Will . ... $ 15.00 TOTAL: . ... $ 302.00 Filed ................. ........... ~ / '' ~~ ~D~~'~ ~~ gister of Will "~ /~ ~ /~~~~'~~~ A ANN S PC J es D. Hu hes Es 58884 ~ ~ r- O ~ :, ~ ~ _. ., i' c 'vi~'~ O ._., ___. :~ _~' ~ ~1 ~ ~ - - c"" C..1 ~F' llrr5, 6r~~ g'"~ rr ~, I~rr LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee tier this certificate, $6.00 „r/yxx°°~~°"--. This is to certify that the information here given is ~' ~1H OF p""-' ,,o'~t(,P E~y~; . correctly copied from an original Certificate of Death ,.~`°o~ _ `~l', duly filed with me as Local Registrar. The original ~~ __ ~ ze certificate will be forwarded to the State Vital °v~ y ~~ a Records Office for permanent filing. * ~ .~ *; P 14 6 4 914 ~? °~~~~,.. ..~~~~~ ~ s 2ooe ---" A~1ENT ~E Certification Number ~xx"""'" 1111 Local Registrar Date Issued N ~ q ~ ~ QD ~7 C. ;, r -: J -~~ x. -. - --, H706.144 REV 112006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ --1 - ~ ~ ~~. < !"T'! TYPE / PRIVY IN PERMANEM CORONER'S CERTIFICATE OF DEATH (~ ~' - '~ ~~ ~' BLACK INK ~/ ~ ~ See Instructions and exam lee on reverse P ~ STATE FILE NUMBER S 0 0 1. Name d Decetleni (Fxst, mMldm, Iasi, suffix) 2. Sex 3. I Secudry Number 4. Date d Death (Month, dey, year) 0207 28 ~Ol _ _ July 4, 2008 William A Rodgers Male 5. Age ILesl Rinhtlay) Under 1 ye« Untler i da 6. Date of Binh (Month, day, year) 7. Birthplace (City erM sole a m ' coumry) 69. Pmw of Deem (Check any are) Hoapiml: Omer: ~aa Days ~ ~ Nov. 10, 1933 Van Wert Ohio ^ 74 Reskarve ^Olher S ec6 t ^DOA ^N rei H m ^ER/q li p y. ugre u rg o e en Inpetianl Yre 9n. count' of Daam ec. Ci Roro, . of Oeam Bd. Fadlity Name III not Instimtlon, give street end number) 9. Wes Decedent of Hlspenic Origin? ®No ^ Ve6 10. Race: AmerkAn Indum, Renck, While, etc. (Ir yea, spedry cubes, 1 m Cumberland Carlisle ite 566 F Street Mexicen,PUenoRican,etc.) 11. DecedenYS Usua tlon Kok of work doe Mn moat d waY' Ipe. Do not amts reli 12. Wes Decedent ever in the 13. Decedent's Eduwtkn (specify Dory Mghesl grade oompaed) 71. Mama Setus: McMed, Never Monied, 15. Surviving Spouse (H wee, gNa maiden name) DMOrwtl (Spadfy9 Widowed Kintl d Work Kok d Rualrreas! IMUatry US Army Government , U.S. Armed Fortes? ry ) ) Elemenm /Secondary !0-72 Coll e(1-4 ar 5. ®vea ^NO ~+ Divorced - 1s. Decedenra AYagn9 Address (9reel, dry /town, amts, 71p cotle) Decedents PA Li~vam°e e'd"'I 17c. ^ Yes, Decedent lived in Twp. Aclud Residence 17a slate 566 F St. . Township) Deteaentwatlw4d:n Carlisle Cumberland ,7d L'fNa Carlisle PA 17013 , . ,~,~,,,,y Aclud orate d coy /Faro l, wXix) 19. Fem$ie Namq (RraL mjQme, ps 19. Momei 5 Narrw/Flrst, yk~rnaken Sumor9pbn rear umat~US g ra uS O ers 20a. Inf Ys Nema (Type / P nt) ~ames A. )godgers 206. Inlomrant's Mail' Address ( rest, /sown, sett p code 307 4~aversly ~r., ~~ay on NC 27527 21 a. Memotl d Diaposd'ren i [Cremation ~ Donatbn 216. Dale of Dispcsilion IMOan, tley Year) 21 c, Place d Dbp«inon Nema al w ry, aemamry In place) '~a d ~ ~ 21tl. L«etion ICIry / brm, slate, zip cotle) ^ Rada ^ RemovallmmSmle . waacremetlonalyonetlanArnharixad - Jul 8 2008 Y x ome un~ra R&t~ Hoffman tame or y Carlisle PA 17013 ^ alrer . spe4dr ~ ar Madmal Examiner / coronas Yes ^ No 22a. SigwNre of Furrxel Servke ~ (« person acting as such! 22b. License Number 22c. Nema ant Address d Fedliry o man- o one r a ome e ~' .- 138425 Carlisle PA 17013 Hanover St 219 N ~ _. ., . Compmm Ilene 23a<anty when certirying .Tome best al try knowmtlge, death occurred el me time, dale ant place emled. (Signature ark title) 23b. License Number 23c. Date Slgnetl IMonm, dey, year) phyauan b fret Bvaiede el lime d deem Ip wnlry woes d deem. aema 2x26 moat be axnpblad by persm 24. Tinre of Deam r 25. Date Prapunwtl Dead (Monet, dey, year) 26. Was Case Referred to Medical Exeminer / Cawrer br a Reason Omar Nan Crematim or Danakn? ,' wro pronaxrws meet. 9:00 A. M. July 5, 2008 ]~ves ^No CAUSE OF DEATH (See inatrssdlona end e,amplee) r Appmximeta inmrval: Pan II: Enter Omer 91MifiYaDl mkilians omMbkrw m deem 28. Dd Tonarm Use Conmbde b Deam? Imm 27. Pan I, Emer me chain d evenb -tliseases, Injuries, a mrrpYcatbns -mat tiredly caused ore deem. DO NOT enter lerminal evenb Such as wrtac area, Onset to Deem but nd resulting in fire unrlerlyirg cause given in Pen I. ^ Yes ^ Prehanly respiratory arrest, or venlricumr 6bramtim wfman showing Ma etidogy. Ua adY are cause on each fine. ^ No ^ Unknoam IMMEDIATE CAUSE 1Final dbaase« conditla reauaingin deem! _,~ Occlusive Coronary Artery Disease a 29. If Female: ^ Net M ithi ant _ - - - Due ro for as a mnaequerine op: $epuenlialty lief canditlons, d erry, h. pregre w n p year ^ Pegnenl a lane d tleath leaarq m the reasa tared an r z e. Due to (or as a canseRUenw oft: ^ Na pragn.n6 nut pegnam withn 4z tlays Eraer a DNDERLYING CAUSE (Bmeee a injury Ihel'rWieled me c of deem vanb reeullirg m deem) LAST. Due tc (or as a conseRUerx:e oft: ^ Nol pregnant, bk pregnant 43 daYS b t year naoe seem d. ^ unknown a pregrrem w6hin ma pea year 30e. Wee M Autopsy 30b. Were Adopsy Findings 31. Manner d Deam 32e. Dale W In!ury (Mash, tley, Yaar) 32b. Deeaibe How Inju7 Orx:aretl 32a Pence d Injury: Noma. Farm, Street, Fr Cory, Office Ruildrg eta (Spa tiyl Perlaned7 Aveilade Prbr to Completlm dCewedDeem? ~~~ ^Hankide , ~~~,,,,,,((( ^ Acddrint ^ Pmdrg Investigation 32tl. Tina d Injury 32e. Injury at Work? 321. If Trensponeaon Injury (SpacrlYf 32g. Lacadm d Injury (Sheet, dry I1«m, setts) ^ Yea I~NO - ^ Vas ^ No ^ SuN;ida ^ Could Nd he Del«mmed ^ ~ ^ Ves ^ Driver / Operator ^ Passenger ^Petlasaien M ^Omar ~ Specdy ~, CenK r (~, ~y ~) 33b. Sigrmt«e and TdM d . j Co r one r • Csrtltymg phyalden (Phyakien wNlyln9 wuee of deem when another physician has Pronounced deem ark cumplaetl Item 23) deemoos,r.aaa.ron»a.e.qq,nanrw.romad--------------------------------- ^ To men.tdmyknowlwga ~ , • Prorroundng ark carlKylrq pnyaclen IPnyekdan Irelh prareuadng seem ens cermpng to woes d eeamj ^ hme a3c. erwe Nunbar 33a. Data sgred (MOmh, say, year) ------------------ To m.beaYamykrrewlaaga,a..m«oarr.dameseta,ee,.,.rkpl.o.,.kaaerotnawaaMq.ndmenmra.a • Msdkal ExYnlror / Caterer July 7, 2008 On me baste d exemirWion ark / « Inveanganon, in my oplnlon, seen aceunetl a ma Nina, sae, and pmx, end due to the cause(s) one scanner ee sbted_ 34. Nance era Adaeelof iLareon Y~i Camob7~d~,axuse ~I,~atnal~n~IL1, Type I Print P 11 C 1 12~ i lr ~ ~ Regis, sigrewrea ~ore' t` ~ d I I I C I ~ 3s. Rlea(MOnm,aay,year ~ uite l/1 e Road S Basehor 6 3 7 5 PA X7050 h i b M I I F'1,Gt.f..C.X~ I ~ C an cs urg, ec DbPOSdkn Permll Na. naas~3 i~ C7~ - ~c~j LAST WILL AND TESTAMENT OF WILLIAM ALLEN RODGERS ~ `~ :o -~ c_., _- _'~r~-- ~ '' ~;~ I, WILLIAM ALLEN RODGERS, a resident of the Co~~-wea~l of_f ,-z-', Pennsylvania, make, publish and declare this to be my Last Will and Testamet~t~vo ing al~-~, ,~~; ,~ .,, wills and codicils at any time heretofore made by me. I am retired from the r~l~ary ser~kce of- = the United States. ~? ~' `.° ,' ~=' %-T w ~- FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included 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. SECOND: It is my desire that, upon my death, I be buried with full military honors at ~ 7Z„ e ~ ~~o-r~ //~' 4~ i vk 4 ~ C~ ~,.,~~Zr -'~7 ,_. ~. ~ THIRD: I give the sumo Tw y Five Dollars ($25.00) to my daughter, LISA ANN RODGERS LALLY, if she survives me. If she shall not survive me, said cash bequest shall not lapse but rather shall be given to the heirs of my daughter, LISA ANN RODGERS LALLY. FOUKTH: 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 son, JAMES ALLEN RODGERS survives me, to my son, JAMES ALLEN RODGERS. (b) If my son, JAMES ALLEN RODGERS does not survive me, my residuary estate shall be paid and distributed to any then living issue of my son, JAMES ALLEN RODGERS, per stirpes. (c) If my son does not survive me and there shall be no issue of my son then living, my residuary estate shall be paid and distributed to my daughter-in-law LYNN GORE RODGERS if she shall survive me. 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 >,,~ lam.. ` ~ r 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 bene- ficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SIXTH: I appoint my son, JAMES ALLEN RODGERS to be my Executor. If my son, JAMES ALLEN RODGERS shall fail to qualify for any reason as my Executor, or- having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my daughter-in-law, LYNN GORE RODGERS as my 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 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. IIIGHTH: 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: Except as otherwise provided in this will, I have intentionally failed to provide for any other- relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide in the will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. If any person named as a beneficiary under this will institutes a will contest, acts as a party to a will contest initiated by someone else, or aids and abets anyone instituting a will contest, I direct that any bequest, devise, or share of my residuary estate that would otherwise go to him shall lapse, as if he had predeceased me. 'TENTH: 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 -~ ;=%~`~ z~ ,-- -<< -- ,, 2 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. This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions, by Captain Victoria Ko, U.S. Army, who is licensed to practice law in the State of New York. IN WITNESS WHEREOF, I, WILLIAM ALLEN RODGERS, sign_,~}y name an ublish and declare this instrument as my last will and testament this ~~"` day of _, ~ 004. w~ WILLIAM ALLEN RODGERS The foregoing instrument was signed, published and declared by WILLIAM ALLEN RODGERS, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. } .. ~ ~- having an address at ..~'LSLE.~'Csd'~~.~' tiGG' tom" / 7py ~ _ ~~~ having an address at C ~i She , I?o i 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. We, the Testator and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, WILLIAM ALLEN RODGERS, 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 or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. .~ WILLIAM ALLEN RODGERS Testator zJ cir ~~. print: ~Ti~ ~ (~~ ~% Witness print: ~S7Er< Cho Witness Subscribed, sworn to and acknowledged before me by the said WILLIAM ALLEN RODGER ', Testator, and ;subscribed and sworn to before me by the above-named witnesses, this day of L` , 2004. No ry Public My commission expires on~~~ /~ ~S._ Notarial Seal Betty S. Kistler, Notary Public Carlisle Bom, Cumberland C^`•nty My Cammission Expires May ik, 2()05 ~@I'rlb8r,P2flf~Ua~"14dA5h(N.'liti~:_ ~,,~`~tp!',~