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HomeMy WebLinkAbout03-16-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of GUx W. KOSer. Jr. File Number ~~~ ~ O ~ ^ y~~ //~ also known as ,Deceased Social Security Number 160586779 Petitioner(s), who is/aze 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the eX@CUtOrS named in the last Will of the Decedent dated 1 /15/2009 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered .,-, for probate, was not the victim of a killing and was never adjudicated an incapacitated person: n0 eXCeptIO11S E3 ^' ~,,. .,~F B. Grant of Letters of Administration - (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durggte~ ritate~ L- i '-t? r-; Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following sd many) n heirs~f =-~' Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ,~ C~ ~ "a `~ = N =:. _~-~ Name Relationshi Res' ~ ~` (COMPLETE IIVALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 65 Springfield Road Shin ep nsburg PA 17257 North Newton Twp (List street address, town/city, township, county, state, zip code) Decedent, then 71 years of age, died on 2/1.8/2009 at 65 S~gfield Road. North Newton Township Shig ensburg PA 17257 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 0.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 50.000.00 65 Springfield Road, Shippensburg, North Newton Township, Cumberland County, Pennsylvania situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of betters in the appropriate form to the undersigned: I Signature / Typed or printed name and residence David Wagner Teresa Wagner a/k/,~ Theresa Page 1 of 2 Form RW-O2 rev. 10.13.06 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 D~jecedent, Petitioner(s) will well and truly administer the estate according to law. ~~ // Sworn to or affirmed an,/mod subscribed before me the Tn day of For a Register of Personal Represe~tve David Wagner Signature of Personal Representative Tjteresa Wagner of Personal Representative Teresa Wagner ~ ~ -09'-(~ ~-'~ ~3 N File Number: t- O ° "' x Estate of Guy W. Koser. Jr. ~a , Dece~ ~ ` ' =? ~> ~ CTl ~I , 1-T i: Social Security Number: 160586779 ~ Date of Death: 2/13/2009 ~~.-. . -' AND NOW, March ~ `7 , 2009 , in consideration of the foregoing Petiti~, satisfac~dry proof , IT IS DECREED that Letters Testam having been presented before me entary b ~ ~ ' , are hereby granted to David Wagner and Teresa Wagner. a/k/a The resa Wagner cn -..._ ~ ''~',' in the above estate and that the instrument(s) dated January 15. 2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s) of Decedent. FEES 90.00 Register of Wills Letters ............................. $ Short Certificate(s) • • • • • • • • • • • • $ 8.00 Attorney Signature: ° Renunciation(s) •••••••••••••••• $ Automation .... $ 5.00 Attorney Name: I R. Zullin JCP .,.. $ 10.00 Will .•.• $ 15.00 .. $ .. $ .. $ Supreme Court I.D. No.: 17516 Address: 14 North Main Street. Suite 200 Chambersburg PA 17257 .... $ .... $ TOTAL ............................. $ 128.00 Telephone: (717)264-6029 Form RW-02 rev. 10.13.06 Page 2 of 2 _ __ LOCAL REGISTRAR'S CERTIFICATION OF DEA"~H WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P X5256266 Certification Number This is to certify that the i 11~ormation here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital 5 Records Office for permanent filing. L _ ~~ FE 1 ~ ~ Local Registrar Date Issued n o ~O ..o ~' ~ ~ ri-= C-.:J - `~ ~ N ;.-, .~- C71 NtDft13 REV n2ooe COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VfrAL RECORDS TYPE/ PR4R bl CERTIFICATE OF DEATH (Sea inadructlona and ttocampiaa On rrwarsa} STATE FlLE NUMBER >~ 1.wmed DwaOrM(FM midi., Y,L cusp ~ ~ 2Sex LSodel Sradry NUrer IOWaDwn(Mar1 dY~T•M Gay w. Kuser, Jr. Male 160 _ 58 _ 6779 February 13, 2009 a p. (iar eVrw~ ttder t Iular t d. DW d aT Marl, T. aMapYn ( rr Wb a 9a Pba a Dwfi ipwY ory one) 71 'b"" °"' "°" """ Nov. 20 1937 N~^L oamr. VR Shlppensburq, PA ^bpdd„a DERroaarrd DDa DwmnaNan ®RwdmaM Dom.,- ea ca.xy sown ac aV, eau, rMp. a orm ad Faay wme p m bMYral, pre Nnt mr umbep a. VM DeadrM a wepeac odpnz [~w ^ Yee to R a x : M r imn tan. Shdc Vnr., atc Cumberland N. Newton Twp. s ~ m a ~ _ 65 Springfield Rd. ~ i ( ~ ~I Wll te n. Deodmd Uar a Mat dom mor a 4 oa M qeb t2 she Madma veer b ale to Oeadwfe Edmrkn ISPecaY orY filer tRde ~vM•dl tl MbdW Sleplc MrrnM, Never Mertfed, to SavNap Sure (a wN, aiw mrden name) ~aaavaa adaa.`mwraawz Fa F i us.~mmarom.ez Ebnwlrlyrs.~odmy(o.tzl coYpe(ti«sq vrooMmLOMOm.d(~eary) arm rm ng Dree lbw 8 ever Married ~meq~~a,np~ ~aw~w.. 14Sp 1RC IleltlrKU ~~I PA ~b ~a J . Acbr~w~w. trasr. . tza®tw.aad.euwab N_ Newton RtaD. Tl+a~ Shippensburg, PA 17257 „~~,,.,y Cumberland ' naOwokd.aLtmaMmn AtlW tlrka Ciy~Sao to Pr.re wale iswa Mau.. rr..ral to aba^re Nm IRw. mare, metlen euwrl Bessie Stine zoa~ er aoaba".m'Mrin°a`°(srw'a"ram'°ru'~+`°°eI d Wa vi n 9 65 Springfield Rd., Shippensbutg, PA 17257 ataMbmdaorparal ~aw.am ^Damtlon 2tb.owaoaaeanlNaeh.M:rrA 21ePYnrOYp«IhllNrirdnlMSi•ue~a1«MSpYwJ ztatxeamtoyran.rW.avmall Hoffman-Roth Funeral Home & D ""°°n1°'°"~' ^ a ~ ~„ ~^w Feb. 16, 2009 „e, ~ Carlisle, PA 17013 zza a ~""`' ~` `~°tl°a'I '~"`""N11°°' ~aNiiindAd°°°'a~ Hoffman-Roth Funeral Home & Crematory, inc. - 013144E tRmn plMyYip ~aewweramedarmm t9a Ta M a mz enMbdw, ermooanea rar ama aW ~tl yu arc lepme•• ed I aan lk«es 1Ymm« zie DW SIPmd IMaid4 dq'~ Y••A waym.aawM /~,~ ~,~~~~ ~Na~3 IG a ~- o~-/.~ --~o~~ M•Yr-aa muYhmlglWa A'Drem 21.Thr Drm 7S OW Pawed Dudl~r4 M.Yer) 16 Wn Car RWmdb EanYrlCaarbre iNawn OawlM Cmraul«DOnellan7 c,LUSE of oeAT>r (s•• iroMUCtlMn. nM .aumW..) , MpplorwetnMrt rrtte Fiir oamr ae. 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Raphhate w - ~~~~ iai- lei ~ iai rVea amiM1 der,,eul ~]e~F 1>~r~ y (mss, ~ a f. ~/~u.il~ ~ r~2y/ omaomnw~ FmMt Na ' • l)-:J `{~I ~ o~ 1-C~~' - Q~~3 JRZ - 5.1 koser.lw January 14, 2009 rv c7 ~ ~ r'~ ~: © fir; , k..7 U'1 ~ .. ~~ ~ 7~ _ LAST WILL AND TESTAMENT `~~~ '~' ~ _ ''~~ v -1 ~. ~r I, GUY W. KOSER, JR., of 65 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby declare this to be my will, hereby revoking any and all former wills and codicils thereto by me heretofore made. I. I direct that all my just debts and funeral expenses, including all expenses of my last illness, shall be paid from my estate as soon as practicable after my decease as a part of the expense of the administration of my estate. II. I give the following guns to Andrew Wagner: .308 caliber and 32 special, if he survives me. III. I give the following guns to Megan Wagner: 22 lever action and 5 millimeter, if she survives me. IV. I give my real estate situate partly in Southampton Township and partly in North Newton Township, Cumberland County, Pennsylvania, as follows: David Wagner and Theresa Wagner shall be able to reside in said real estate for and during the terms of their natural life, however, upon the death of both David Wagner and Theresa Wagner, or upon their prior desire, in writing, to sell the same, said real estate shall be sold. Should the real estate be sold prior to the death of David Wagner and Theresa Wagner, the proceeds of said sale shall be divided three ways with one equal share going to David Wagner, one equal share going to Andrew Wagner, and one equal share going to Megan Wagner. Should the real estate be sold following the death of either David Wagner or Theresa Wagner, but prior to the death of both of them, the said real estate shall be divided two ways with one equal share going to Andrew Wagner, and one equal share going to Megan Wagner. Should the real estate be sold following the death of David Wagner and Theresa Wagner, the proceeds shall be divided equally between Andrew Wagner and Megan Wagner. All rights of the parties set -~ forth in this paragraph are subject to the right of the executor to subdivide one lot from the real estate and sell the same to pay the costs of the settlement of my estate. c`~~ C~ Page 2 V. I give, devise and bequeath the residue of my estate of every nature and wherever situate to Andrew Wagner and Megan Wagner, in equal shares, provided that the share of any beneficiary who predeceases me or dies on or before the thirtieth day following my death shall be distributed to said beneficiary's issue, per stirpes, living on the thirty-first day following my death, and in default of any such then-living issue, then to my other then-living beneficiary. VI. In the event David Wagner, Megan Wagner and Andrew Wagner all predecease me or die before the thirty-first day following my death, I give my entire estate to my sister, Shirley Bishop. VII. In the event that anyone entitled to a share of my estate shall be under the age of twenty-one years at the time for distribution to such beneficiary, I constitute and appoint Theresa ~' Wagner as trustee of any property which passes either under this will or otherwise to said beneficiary. Said trustee shall in the trustee's sole discretion and without order of court, use principal Page 3 as well as income from time to time as may appear to be necessary for the beneficiary's welfare, comfort, medical care, recreation, support and education, without responsibility to the beneficiary or to any person taking care of the beneficiary; and the remaining balance in the hands of said trustee shall be distributed to said beneficiary when the beneficiary attains the age of twenty-one years. If such beneficiary dies prior to attaining the age of twenty-one years, said trustee is authorized in the trustee's discretion to pay part or all of the beneficiary's funeral expenses and the remaining balance in the hands of said trustee shall be distributed to the beneficiary's personal representative. In the event the funds held by the trustee for any beneficiary become in the opinion of the trustee too small for proper and efficient administration, the trustee, in the trustee's sole discretion, may deposit such funds in a savings account in the name of the beneficiary. VIII. Any fiduciary under this will shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property whether principal or income, including property held for minors, exercisable without Court approval, and effective until actual distribution of all property: A. To retain any and all of the assets of my estate, real or personal, without regard to any principle of Page 4 diversification of risk. B. To invest in all forms of property including stock, common trust funds and mortgage investment funds without restriction to investments authorized for Pennsylvania fiduciaries as they deem proper, without regard to any principle of diversification of risk. C. To sell at public or private sale, to exchange or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. E. To compromise any claim or controversy. F. To distribute in cash or in kind or partly in each. G. To hold property in their names without designation of any f fiduciary capacity or in the name of a nominee or unregistered. IX. --~c I direct that all taxes that may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. Page 5 X. The interest of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation; and the principal and income shall be paid by the trustee or guardian directly to or for the use of the beneficiary entitled thereto, without regard to any assignment, order, attachment or claim whatever. XI. I appoint David Wagner and Theresa Wagner as executors of this my will. Should David Wagner and Theresa Wagner predecease me, fail to qualify or cease to act, I appoint Joel R. Zullinger as executor of this my will. XII. No bond shall be required of any fiduciary hereunder in any jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my last will and testament, consisting of seven typewritten pages, the first five of which bear myhignature in the margin for the purpose of identification this ~ da of r~ , 2~. ( SEAL ) Page 6 Signed, sealed, published and declared by the above-named testator as and for his last will and testament in our presence, who in his presence, at his request and in the presence of each oth have hereunto set our hands as attesting witnesses. s ~ rs b~4 r een 1-~ Pf) We, GUY W. KOSER, JR., ~^+QMI~1'-On t •{~iy~ and ~nG~l0.l'~ S~ haet~/ 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 signed and executed the instrument as his last will and testament and that h~ voluntary act for the purposes there n the witnesses, in the presence and he signed the will as witnesses and to t said signer was at that time eighteen executed it as his free and expressed and that each of ring of the said testator he est of their knowledge years of age or older, of sound mind and under no constraint or undue influence. Te ator i n ss fitness Subscribed, sworn to and acknowledged before me by the above-named signer and subscribed and sworn to before jne by the above-named witnesses this~~ 1 day of 2bfT. Notar Public ~4~w~~uoM Page 7 coum ~