HomeMy WebLinkAbout04-20-09Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of DOROTHY A. FOSTER No j/j ~ - lJ'I - ~~ ~~
also known as
DOROTHY A. FOSTER
Deceased Social Security No.195-38-9219
KATHERINE RIFE
Petitioner(s), who is/are 18 years of age or older, apply(ies) for
(COMPLETE "A" OR "B" BELOW:)
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut RIX
Decedent, dated 1/7/2009 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 documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente life, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(it' any) and heirs:
Name Relationship Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. D
Deceden4 was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last family a principal
residence' at 420 3RD STREET, ENOLA
(list street, number and municipality)
Decedenll, then 58 years of age, died MARCH 13 , 2009 , at E. PENNSBORO, CUMBERLAND COUNTY, PA
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property .........................................
(if not domiciled in PA) Personal property in Pennsylvania ....................
(If not domiciled in PA) Personal property in County ..............................
Value of real estate in Pennsylvania ........................................................................................
Total .....................................................................................................................
Real Estate situated as follows:
$ 10,000.00
g 10,000.00
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Signature
named in the Last Will of the
Typed or printed name and residence
FE
420 3RD STREET
EN
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
COUnty Of CUMBERLAND
The Petitioner(s) above-named swear(s) and 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 Decedent,
Petitioner(s) will well and truly administer the estate accordip~,.tQ law. ,-, /~
Sworn to and affirmed and subscribed
before me this ~ ~~ day of
t~l
-~.:.
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DECREE OF REGISTER ~' 09-03~~{ ` ~~; ~ `
Estate of DOROTHY A. FOSTER Deceased No. ~ ~
also known as ~ can
Social Security No: 195-38-9219 Date of Death:
AND NOW, ~ ~m ~O~i
on the reverse side hereon, satisfac proof having been presented before me,
in consideration of the Petition
IT IS DECREED that Letters ~] Testamentary ^ of Administration
(c.t.a., d. b.n.c.t.; pendente life; durante absentia; durante minoritate)
are hereby granted to KATHERINE RIFE
in the above estate and that the instrument(s), if any, dated ~ '
described in the Petition be admitted to probate and filed of record as the la ill of Decedent.
FEES
Letters ....................................
Short Certificate(s) ...............
Renunciation ..........................
Extra Pages ( ) ..............
$ ~`
^ Register of i Is (j~ ,~
$ ' ljJ, aIf I
S 15~
COdICII .................................. $
JCP Fee ................................ $ ~~. Q~
I~U.`~t-w- ~
In or s ............. $
Other ............
Attorney
Attorney: MARK A. MATEYA
I.D. No: 78931
Address: P.O. BOX 127
BOILING SPRINGS PA 17007
l`OTAL .............................$ ~ ~ ' ~~ Telephone: 717-241-6500
DATE FILED:
o~nr_~e
10i. ~'R~ HEC ril14F~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee For this certificate. 56.00 This i~ t<t cc?~;iiw that the intornlati~-)I) hire ~ri~,en
cum.°ctl~ ~ o~~1c:~i from an <,ri~~ina~ C'clt~Fi~-ate «f 1)ca1
duly filed ~+~~i!h i~~c a~ I.ocai R~c)strar. The uri~~iu~
certificate ,~'il he ful-w,uded tt, the State L'it~
Records Oti-ice i~ur ~~ermanent fi!ir~~~.
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HtOSt43 REV 112006 ~' COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE /PRINT IN
P~AC"A"ic ~i CERTIFICATE OF DEATH
(See instructlens and esramnlna no rooewa.Y
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t. Name w Dsaetlenl (Fret, mitlde, aa, aufivq
Dorothy A. Foster 2. Sex
emote 3. Soda) Sewrky Number V ~ ~ c ~~~ ~v~m
195 _ 38 _ 9219 4. ~b ar Dpm (Monet, say, riarl
March 13, 2009
s. Age Ilasl BiNWay) UMer 1 under t de s. Dab a Bkm Monet, a 1. & and stare w fore) coon 6a Plac• a Deem Check era
58 "'~""" °eys '"Me ~'"°' Aug. 17, 1950 Harrisburg Hoepltal: aver:
Yrs. Il>patlant ^ ER I CapapM ^ DDA ^ Nursing Home ^ Residence ^ Omer - Spacdy;
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Mt. Cary a Deatt &. C'dy, Born, Two. a Deem Bd. Fadtily Nary (tt not Fntimtlon, give street and number) 9. Wee Decedent a Happk Orgn7 C7.~_ ^ Vea 10. Race: Amedcen Indian. Bled, White. ek.
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• 11. DepdenYs Usual lion KkM d work done ~ moat dwo ~ Me. Do not slate 12. Wes Decedent ever in me 13. Decetlenrs Education (Spady ony Ngheb gads canDated) 14. Medrel Status: Maded, Never Marred, 15. SurvNing Spouse (lf xile, give maiden name)
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• 16. Dxedenrs Mei6rg Address (street, dY / town, arete, zip code)
420 3rd Street Decedenrs ad Oecetlent
ActualRpidence na.srate PA lipina t7a},~rp
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Enola, PA 17025 ,
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1B. Fame/a Name (Fret, middle, last, sudlx) 19. Mamefa Name (F 1, midae, maiden sumama)
Robert Holler Helen Wilson
20a. InfomelnYS Name (Type I Print) 20b. InfomsnYS Mvlirq Atl6ep (Strad, dry /town, slate, zip code)
KatkLerine Rife 420 3rd Street, Enola, PA 17025
21a. Memel of Daposd"in i ^ ~me~ ^ ~~ 21 b. Date a Disposition (Monet. day, year) 27c. Place a Dlspoelllon (Name a cemetery, pemalory w Omer fie) 2ttl. Loeanon (CYryllam, state, zip code)
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CAUSE OF DEATH (See Irutnxtlona and example Approximate interval:
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LAST WILL AND TESTAMENT
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DOROTHY ANN FOSTER - ~'~;
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I, DOROTHY ANN FOSTER, of 111 Clay Road, Mechanicsburg, Cum~rland Co~ty,
Pennsylvania, make this my will. I revoke any other wills or codicils to wills made by me.
ARTICLE I. DISTRIBUTION OF MY ESTATE
A. I give such items of my tangible personal property to my daughter, Katherine
Rife, provided she survives me by sixty (60) days. Tangible personal property includes stamp or
coin collections but does not include other money or stock certificates or other evidences of
intangible rights or interests. Tangible personal property does not include any property that is
held primarily for investment purposes or used in connection with any business in which I may
be engaged or in which I may have any interest at the time of my death.
B. I give the residue of my estate to my daughter, Katherine Rife, provided she
survives me by sixty (60) days. If she does not so survive me, I give such residue to Katherine
Rife's children, and their descendants, per stirpes, to share and share alike at their discretion.
C. Whenever property is to be distributed to the descendants of a person (the
"ancestor"), such property shall be divided into equal shares, one share for each then living
descendant in the first generation below the ancestor in which at least one descendant is living,
and one share for each deceased descendant in such generation who has a descendant then living.
Each share created for a living descendant shall be distributed to such descendant. Each share
treated for a deceased descendant shall be divided and distributed according to the directions in
the two preceding sentences until no property remains undistributed.
D. A person who has a relationship by or through legal adoption shall take under this
will as if the person had the relationship by or through birth, except that a person adopted after
reaching age twenty-one and descendants of such a person shall not so take.
E. Any beneficiary or the legal representative of any deceased beneficiary shall have
the right, within the time prescribed by law, to disclaim any benefit or power under my will and
the interest so disclaimed shall be distributed as if such beneficiary predeceased me.
F. Gifts of specific items of property mentioned in this will or any separate writing
that is binding upon my Executor shall fail to the extent that I, or any duly authorized agent of
rnine, dispose of such property prior to my death. My Executor shall not substitute cash or any
c-ther assets for any such property.
ARTICLE II. PROVISIONS FOR INTERESTS VESTING IN BENEFICIARIES
UNDER AGE TWENTY FIVE
Notwithstanding the foregoing provisions, whenever any interest in my estate vests
absolutely in a beneficiary under age twenty-five, my Trustee may retain the interest upon a
separate trust and pay to the beneficiary as much of the net income or principal as my Trustee
may deem appropriate to provide for the beneficiary's support, other needs, or education until the
beneficiary reaches age twenty-five, when the interest shall be paid outright to the beneficiary. If
the beneficiary dies before reaching that age, the interest shall constitute a part of the
beneficiary's estate.
ARTICLE III. PAYMENT OF EXPENSES AND OTHER CHARGES
I desire a modest Christian burial. I direct my funeral expenses, including any and all
costs associated therewith, to be paid from my estate. The estate, inheritance and similar taxes
assessable on my death (including taxes on assets not passing under this will) shall also be paid
as a cost of administering my estate and my Executrix hall not request any beneficiary to pay any
;part of such tax.
ARTICLE IV. MISCELLANEOUS PROVISIONS
A. Spendthrift Trust. To the extent permitted by law, neither the principal nor
income of any trust shall be liable for the debts of any beneficiary or, except to the extent
otherwise specifically provided, to alienation or anticipation by a beneficiary.
B. Matters of Interpretation. For simplicity, I have expressed pronouns and other
terms in one number and gender, but where appropriate to the context these terms shall be
deemed to include the other number and genders. The bold headings are for convenience and
shall not affect interpretation.
.ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS
A. I name my daughter, Katherine Rife, to be my Executrix (hereinafter
''`Executrix"). Should she fail or cease to act, I name Mark Mateya, presently residing in Boiling
Springs, Pennsylvania to be my alternate Executor. If administration of my estate or trust should
be necessary in any jurisdiction where my Executor is unable to qualify, or if my Executor deems
it necessary for any other reason, I give to my Executrix the power to designate any individual
nor corporation with trust powers to serve with my Executrix or in my Executrix's stead. I request
that no security be required of any Executrix, including an Executrix named pursuant to the
:preceding sentence. References in my will to my "Executrix" are to the one or ones acting at the
time, except where otherwise specifically provided.
B. Any corporate Executor or Trustee shall receive for its services the compensation
for which it is willing to undertake similar services for others at the time such services are
rendered, as evidenced by its published fee schedule in effect from time to time, unless it is
willing to agree upon a fee that is less than its customary fee. Any individual who serves as
Executor or Trustee shall be entitled to receive reasonable compensation for his or her services
.and, whether or not such individual receives compensation, shall be entitled to be reimbursed for
expenses incurred for such services.
C. I grant my Executrix the powers set forth in 20 Pa.C.S. §§ 3311-3332 and 20
Pa.C.S. §§ 7771-7780 respectively. In addition, my Trustee may merge any trust under this will
with any trust having the same trustee and substantially the same dispositive provisions. If at any
time after my death the size of any trust under this will is so small that, in the opinion of my
'Trustee, the trust is uneconomical to administer, my Trustee may terminate the trust and
distribute the assets to the person or persons authorized to receive the trust income in such shares
.as my Trustee may deem appropriate. No Trustee who is also an income beneficiary of the trust
.at issue shall exercise any discretion granted in the preceding sentence. My Executor and my
'Trustee may distribute tangible personal property passing to a minor to any adult person with
whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of
my Executor and my Trustee.
D. It is my desire that my Executrix consult with Mark A. Mateya, Esquire in the
:handling of my estate, he being familiar with my affairs.
.ARTICLE VI. DEFINITIONS
The following definitions shall be applicable to all of the provisions of my Will except
where otherwise specifically stated:
1. The use of the masculine shall include the feminine or neuter and the use of the
singular shall include the plural, and vice versa.
2. The term "estate," where appropriate, shall include any trust hereunder.
THIS SPACE LEFT BLANK INTENTIONALLY
3. The term "minor" shall mean an individual who has not attained the age of
twenty-one years.
Executed this ~~ day of ~ , 2009.
~~
Dorothy Foster
Signed, sealed, published, and declared for and as his last will and testament by the testatrix in
our presence, we all being present at the same time; and we, in his presence and at his request
and in the presence of each other, have subscribed our names as witnesses whereof, all on the
date last above written.
of II~RcK~ ~~ . ~sv.~e , ~k(~~
C C~.~c.~- 7~ , 12~~a-i OF ~/ ~ / 74.5~~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND, to wit:
Before me, the undersigned authority, on this date personally appeared Dorothy Ann Foster
and ~y~, ~.(~,~ , fur ~ e, and (j / i~ (., {-(a/n~' ,known to me to be the
testator and witnesses, respectively, whose names are signed to the foregoing instrument and,
all of these persons being by me first duly sworn, Alfred Padilla, the testator, declared to me
and to the witnesses in my presence that said instrument is his last will and testament and that
lle had willingly signed and executed it in the presence of said witnesses as his free and
voluntary act for the purposes therein expressed, that said witnesses stated before me that the
Foregoing will was executed and acknowledged by the testator as his last will and testament in
the presence of said witnesses who in his presence and at his request and in the presence of
each other did subscribe their names thereto as attesting witnesses on the day of the date of said
will and that the testator, at the time of the execution of said will, was over the age of eighteen
;years and of sound and disposing mind and memory.
Sworn and acknowledged before me by Dorothy Ann Foster, the testatrix
~/l, ur (~ ,,~ . ~fi-~/ ~i ,witness, and ~ ~ f (/`e ~ - i`~ ~~r
this
witness ~ ~ day of ~ G~'L~~~~i , 2009.
,
Dorothy Ann Foster
~~ ,
Witness
~~-~~
My commission expires:
COMMONWEA TH OF PEA1NyyLVANIA
NOTARIAL SEAL
JEANETTE L. PENNINGTON, Notary Public
South Middleton Twp., Cumberland County
Commission Expires September 10.2009