HomeMy WebLinkAbout06-17-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of Dennis A. Powell
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~~ ~Q~ `Q S~~Q
Social Security Number 216-26-7673
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 Testamentary and aver that Petitioner(s) is /are the Executrix
last Will of the Decedent dated November 3, 2004 and codicil(s) dated none
named in the
(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:
® B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d. b. n. c.t.a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.)
~ Name Relationship Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~~
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Decedent was domiciled at death in Cumberland
County, Pennsylvania with his /her last princi~ ice at"~ ~ -` +~ ~~
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15 Derb shire Drive Carlisle Cumberland Count Penns lvania 17015 ~ ~: ;;~!
(L~st street address, town/city, township, county, state, zip code) ~ ---~ ~ ~'~~ ~= ~=~
Decedent, then 73 years of age, died on June 7, 2009 at Forest Park Health Care Center ~ '`~F'
700 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013
Decedent at death owned property with estimated values as follows:
i~
(If domiciled in PA) All personal property $ Ski OQ~ ..
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in 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 Letters in the appropriate form to
the undersigned:
Si nature T ed or rinted name and residence
Linda M. Powell, 15 Derbyshire Drive, Carlisle, PA 17015
Form RW-02 rev. 10.13.06 Page 1 of 2
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 that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
`~'~--
before me the ~ day of
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For the Register
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Signa a of Personal Representative' '~,~ ~ rte-- ;,,~ ~ w ~ ;j
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File Number: ~ 1 - ~ Q -' ~ ~~ ~
Estate of Dennis A. Powell ,Deceased
Social Security Number: 216-26-7673 Date of Death: June 7, 2009
AND NOW, ~ ~ nP ~ '~1 2--~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters testamentary
are hereby granted to Linda M. Powell
in the above estate
and that the instrument(s) dated November 3, 2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............... $ ~' ~~_
Short Certificate(s) ..... ... $ ~ (.O - C~ t~
Renunciation(s) ....... ... $
--. ... $ ~ ~ • l~~
... $
... $
... $
... $
... $
... $
TOTAL .......... .... $ t ~(g -(3V ~
Attorney Signature:
Supreme Court I.D. No.: 61974
Address: O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Form RW-02 rev. 10.13.06 Page 2 of 2
Attorney Name: Michael A. Scherer
H105.R05 REV (01/07)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15606781
Certification Number
This is to certify that the information 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
Records Office for permanent filing.
L~ir~ ~~e~ic 1~r~~ 9 2Qp9
Local Registrar Date Issued
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H105.113 REV 112008
TYPE /PRINT IN COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
,,,K CERTIFICATE OF DEATH
(See instructions and examples on roverse)
STATE FILE NUMBER
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1. Nun d Daadard (Feat rrridde, kW, eulNx) 2. Sex 3. Sodel Seamy Number 4. Dab d Deatll (Madh, day, year)
nni 11 1 216 - 26- 7673 June 7 2009
5. Age (Wt BIMhy) Under 1 lkrder 1 8. Dab d BtrNt 7. BI and ebb or Be. Plea d Deatll Check ar
Abrxhs ~ Ilorxs IAWMS HoepNal: Otller:
73 Yre, Sept. 24, 1935 Baltimore, Md. ^,,,~,,,~ ^~„, ^~A g],,~„gl~,,,, ^ ^~,,,,.,
eb. cowry a t>es~ ~. cky, Moro wp DaMh ea. FadNry Nam. (N nd hetleAbn, gWa etreN and reanb.r) 9. wee Decadere a thigh? [~ 10. R.a: Anwdan Imo, luck, wNb, ero.
No ^ Yee
Cumberland So. Middleton (N Y•e~ ewdh ~, ISP•a11
Forest Park Health Care Cents "~exk"n,PtArl°R~.",.ro.) White
11. DaadwtCa l1aW d work dons mat d Ms. Do not wN 12. Wm Deoederrt war h Nb 13. Dsawba'e Eduatlon (Spadfy ony lAglbat 9r•~ congblsd) 14. Merkel SbWe: Martbd, Never Marrbd, 15. SurvNkrg Spaces (N wNe, gh'• melden rwn)
Kkw d Work lchdal~ueNleae/kra.try U.S. Amrd Faaa7 E~~, / Seery (0.12) Cdbge (1.4 a 5+) VVldowsd' ~~ (SP•dh'1
^ Yae No Married Linda Micke
18. DecaderN'a McWrp Addr..a (street, dry /roam, ebb, zip axis)
1 5 Derbyshire Drive -~
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18. FeNtsr'a Name (FlrsL nidda, lent, eu81x) 19. Modrefs Name (FkeL middle, maiden eumane)
v th in Deitrich
20a. Inlormenya Neme (Type I Print) 20b. IrdombM'a MeiWg Addreea (Street, dly /town, pate, dP aode)
Lind 1 erb hire rive Carlisle Pa. 17015
2/a. Medrod a Dkpoemon r ~ Cnxralbn ^ ~~ 21b. Date a Dhpaitlon (Month, day, year) 21c. Plea d
DbpaNbn (Name d aKneMry, cremarory or oMer pea) 21d. Loatlon (Clry /tam, sbte, aP ~)
^ ^ I ^ Remwanemslab ~wNNdoExatNnrCararRd Yee^~a June 9, 2009 Hollinger FH/Crematory Inc. Mt.Holly Spgs.Pa.17065
22a. d Fun4rd servk:e (a ee 22b. Liana Number 22a Name and Address d FadlNy 5 01 N . B a 1 t i mo r e Ave .
- D-011932-L ollin er FH Cremator Inc. Mt.Holl S rin s Pa. 17065
Nan 23ec only aAlen arNlyNrg 23e. To tM d my krpwledge, deelh ocarred u the tlrtre, dab end place armed. (SigneNae and tltle) 23b. L.losnea Nuriber 23c. Deb
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wfa pranornon death. ~''~ ~ :.? ~ M. ~S V~`(~.l. ~ . ?.<~ CQ ^ Yee ®No
CAUSE OF DEATH (See Irutructbns antl examples) r Approxknb hbrval:
Ibnl 27. Pan I: Enter tlu ly]IO.,~Jdl~t - diwaeee, hwdse, a axnpMctlbn • that diradly caused dre deslh. DO NOT enter lemrkral events such ore ardlac arreal, ~ Oruet ro DeaM Part II: Enbr oNbr
but rat rearmkrg h dre undedykp dame Given h Part I. 28. Did Tobeoa Use CaWlbub ro Dealh7
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OF
DENNIS A. POWELL
I, Dennis A. Powell, of Carlisle, Cumberland County, Pennsylvania, do hereby declare
this to be my Last Will and Testament and hereby revoke all Wills and Codicils previously
made by me.
ITEM ONE: I direct the payment of my debts and the expenses of my last illness and
funeral from my estate as soon after my death as conveniently may be done.
ITEM TWO: I give and bequeath such of my personal property as may be listed on a
signed and dated memorandum kept with my Will to the persons named thereon, provided
they survive my death. Should such a memorandum not be found with my Will, it shall be
conclusively presumed that none was prepared, and all of my personal property shall pass
according to the remaining provisions of this Will.
ITEM THREE: I give, devise and bequeath my entire estate of whatever nature and
wherever situate to my wife, Linda M. Powell, if she shall survive me by thirty (30) days.
ITEM FOUR: In the event my wife predeceases me or fails to survive me by thirty (30)
days, and I own 15 Derbyshire Drive, Carlisle, Pennsylvania at the time of my death, I devise
15 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania to Susan Baer, provided she
shall be responsible to pay any mortgage debt secured by that property as of the date of my
death.
1
a.
ITEM FIVE: In the event my wife predeceases me or fails to survive me by thirty (30)
days, the remainder of my estate shall be divided into four equal shares, and one share each
shall be given, per stirpes, to:
a. my daughter, Mary Mancini;
b. my step-daughter, Kristin H. Swab;
c. mygrand-daughter, Kara N. Mancini;
d. my in-laws, Glenn H. Mickey and Ann M. Mickey , or individually to the survivor
of my wife's parents.
ITEM SIX: While in the hands of my fiduciaries, neither the principal nor the income
of my estate or any trust created hereunder shall be liable for the debts of any beneficiary
hereunder, nor shall the same be subject to seizure or attachment by any creditor of any
beneficiary under any writ or proceeding at law or in equity, and no beneficiary hereunder shall
have any power to sell, assign, encumber or in any manner to anticipate or dispose of his or
her interest in the trust estate or in the income produced thereby.
ITEM SEVEN: I direct that no Executrix or other fiduciary named, nominated, or
appointed by this my Last Will and Testament shall be required to post any bond or give any
security of any type for any purpose whatsoever, any law or rule of the court of the
Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. I
direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or
application of the validity of this instrument.
2
ITEM EIGHT: My Executrix shall have the following powers in addition to those vested
in them by law and by other provisions of this Will, applicable to all property, real, personal or
mixed and wheresoever situate, including property held for minors, whether principal or
income, exercisable without court approval, and effective, with respect to each item of said
property until actual distribution thereof.
A) To retain, as investments of my estate or trust, any or all assets of my estate,
real, personal, or mixed, without regard to any principal of diversification, and to purchase and
acquire real or personal property and to hold any or all of such real and personal property
retained or acquired without making the same productive of income.
B) To pay all taxes, charges and expenses of maintenance, upkeep,
improvements, development, protection, preservation and investment of any retained or
acquired real or personal property, such payments to be made from either principal or income
as my Executrix shall determine.
C) To retain or invest any and all funds, whether principal or income, in any real
or personal property without restriction to legal investments; to purchase investments at
premiums; to exercise all rights of a security holder or share holder in any corporation; and to
lease, mortgage, pledge, give options upon or sell at public or private sale and without
approval of any court, any real or personal property, or portion or portions thereof, irrespective
of the manner or the means by which the same was acquired by my said Executrix.
D) To make payment or distribution herein provided for in cash, kind or partly in
cash and partly in kind, at valuations fixed by my Executrix at the time of distribution.
3
ITEM NINE: Any and all payment or payments of any sum or sums, whether in cash or
in kind and whether for principal or income, payable to an heir, or any of them, shall be made
upon the sole receipt of the respective individual to whom the payment is made, and free from
anticipation, alienation, assignment, attachment, and pledge, and free from control by the
creditors of any such beneficiary.
ITEM TEN: I appoint my wife, Linda M. Powell, Executrix of this my Last Will and
Testament. Should my said Executrix fail to survive me or for any reason fait to qualify as
Executrix, I then appoint Susan Baer, alternate Executrix of this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will
and Testament, consisting of four (5) typewritten pages, the first three (3) of which bear my
in the mar in for the urpose of identification, on this the 3rd day of November,
signature g P
,~
2004.
~~,~ f.w .°° t. ;. E. .
.~ (SEAL)
Dennis A.` Powell
Signed, sealed, published and declared by the above named testator, Dennis A.
Powell, as and for his Last Will and Testament, in the presence of us, who, at his request, in
his sight and presence, and in the sight and presence of each other, have hereunto
subscribed our names as witnesses.
~/ ADDRESS Zy0 ~~'r1/+~ ~'f r ~~ ~ +~ slL ~ 17 ° /
~ DDRESS ~~~ CS~ti~-~t~ r~ ° ~.t ~, ~~~...~.~..~ ~~~` I
4
a
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
We, Dennis A. Powell, Michael A. Scherer, Esquire and Natasha M. Strine, 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 of his Last Will and Testament, and that he
signed willingly and that he executed as his free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the testator, signed
the Will as witnesses, and that to the best of their knowledge, the testator was at the time
eighteen (18) years of age or older, of sound mind and under no constraint or undue influence.
n to and subscribed before me this the 3 r~ day of November, 2004.
Swor
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S. Lindsay, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 29, 2007
Member, Pennsylvania Association Of Notaries
5