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
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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 ................. ...........
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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
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H706.144 REV 112006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ --1 - ~ ~ ~~. < !"T'!
TYPE / PRIVY IN
PERMANEM CORONER'S CERTIFICATE OF DEATH
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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
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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 ,
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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
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~ 21tl. L«etion ICIry / brm, slate, zip cotle)
^ Rada ^ RemovallmmSmle . waacremetlonalyonetlanArnharixad
- Jul 8 2008
Y x ome
un~ra
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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
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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
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Due ro for as a mnaequerine op:
$epuenlialty lief canditlons, d erry, h.
pregre
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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
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~, 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--------------------------------- ^
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• Prorroundng ark carlKylrq pnyaclen IPnyekdan Irelh prareuadng seem ens cermpng to woes d eeamj
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hme a3c. erwe Nunbar 33a. Data sgred (MOmh, say, year)
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LAST WILL AND TESTAMENT
OF
WILLIAM ALLEN RODGERS ~ `~
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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
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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 ,_.
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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
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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
-~
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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.
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having an address at
..~'LSLE.~'Csd'~~.~' tiGG' tom"
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having an address at
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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
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