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HomeMy WebLinkAbout03-08-10PETITION FOR PROBATE AND GRANT O:F LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA John W. Cogley, Sr. File Number ~/~~~~/ _ " ~ ~~ Estate of also known as ' ,Deceased Social Security Number 187-16-4397 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) ibl /are the Executors named in the last Will of the Decedent dated June 12, 2006 and codicil(s) dated N/A 4 (State relevant circumstances, e.g., renunciation, death of executor, etc.) .~ ~?~ ei 't;, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executions7~~stru(s) off'tor~d-j for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A ~,. ~~ t B. Grant of Letters of Administration ~ ~ ~ ~~ ~ ~' (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia;.~e a minorita) _ _~- Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (iflA(!v) an¢la~ifs~? (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 Relationshi Residence (COMPLETE INALL CASES:) Attach additional sheets if necessary. ' Decedent was domiciled at death in Cumberland County, Pennsylvania with his / Py~ last principal residence at 114 Limestone Drive Lower Allen Township Cumberland County, Pennsylvania 17011 (List street address, town city, township, county, state, zip code) Decedent, then 84 years of age, died on February 26, 2010 at Harrisburg Hospital, Harrisburg, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ ~ C oc (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ /'~0 O 00 situated as follows: 114 Limestone Drive, Lower Allen Township, Cumberland County 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 ature T d or tinted name and residence "~], Lynn F. Sheffer, 655 Hunters Lane, Lewisberry, PA 17339 _ John W. Cogley, Jr., 2136 Worthington Avenue, Bethlehem, PA 18017 Form RW-02 rev. /0.13.06 Page 1 of 2 rv ~~ sy ~ ~\V" V Il.~~ ~.~~ ~~i tJ~ ll~Ct.ll~~iJl~l~i111111.~ O r ' ~ -~ c7 .? 'Lt-'a t~71 1 O F ~ :: cry ~;~; JOHN W, COGLEY SR ~--"~~~"'~' =~ --~, :° . N I, JOHN W. COGLEY, SR., of Lower Allen Township, Cumberland `~ County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM I: Family Information. I am a widower, having been married to FREDA M. COGLEY. I have five children: JOHN W. COGLEY, JR., LYNN F. SHEFFER, SCOTT R. COGLEY, LORI DOYLE, and ALLISON O'BRIEN. These are described in this Will as "my children," or as "a child of mine." Any person born to or adopted by issue of mine is to be included. as issue of mine. Provided, however, no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty- one (21) years. ITEM II: Death Taxes. I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for thE~ marital or charitable deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM IV: Tangible Personal Proper. I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal Page 1 ~~ e i"?:.:k !," ~1 ,r~~ _.. , {.. ~ f ..~ . ~r ~.~~ c 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 Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed d subscribed w .~ Si of Personal Represe five before me he day of ~ ra ~~ o ~ ` l Signa of Personal Representative © i " .z': ~'~_ ? ~ "t I ~ ~ :z:l " r- .~ rj -+ or the Register Signature of Personal Representative ,;:.' a ap _, ___~ ~~1~ ~ tM rl ~ i . ~~ ( : ., CS`I File Number: Z ~-ro -oZZ9~ ...~ ""~ ~ .5- ~ tt! -~ ~.~~ Estate of John W. Copley, Sr. ,Deceased Social Security Number: 187-16-4397 Date of Death: February 26, 2010 AND NOW, ~ ~` ,~, ~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before m T S DECREED that Letters Testamentary are hereby granted to Lynn F. Sheffer and John W. Cogley, Jr. in the above estate and that the instrument(s) dated June 12, 2006 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent: FEES Letters ............... $ ~,oo Short Certificate(s) . (~.~ .. $ `/Z~- °i~ Renunciation(s) .......... $ ~- I.J~ it ... $ t.~: ff~ ... $ ~.$~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 0.00 c f Wills Attorney Signature: Attorney Name: E.ltogers ~~ Supreme Court I.D. No.: 41274 Address: Keefer Wood Allen & Rahal, LLP 635 North 12th Street, Suite 400 Telephone: Lemoyne, PA 17043 717-612-5801 Form RW-02 rev. 10.13.06 Page 2 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 er affirmed d subscribed ` (,i(~ Si of Personal Represe tine before me he day of > ~~ y Signa of Personal Representative or the Register Signature of Personal Representative ~~ rws v a ~C a rC7 --t- Ga File Number:_ ~ ~° r(, -(}12~' ~' N ts:! Estate of John W. Cooley, Sr. ,Deceased ~~ F ~ w{ 1 s.~... _,_'~ l ~~~ ~ ~~x Social Security Number: 187-16-4397 Date of Death: February 26, 2010 AND NOW, ~" ~p in consideration of the foregoing Petition, satisfactory proof having been presented before m T S DECREED that Letters Testamentary are hereby granted to Lvnn F. Sheffer and John W. Copley, Jr. in the above estate and that the instrument(s) dated June 12, 2006 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ...... $ ;L~,°O Short Certificate(s) . C~.~ . , $ °t~ Renunciation(s) .......... $ GJ~ ~~ ... $ /.~= ffa r'"' ... $ S rx~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 0.00 Attorney Signature: Attorney Name U • ~{ ~n ter of Wills n i ~ E. ogers ~~ Supreme Court I.D. No.: 41274 Address: Keefer Wood Allen & Rahal, LLP 635 North 12th Street, Suite 400 Lemoyne, PA 17043 Telephone: 717-612-5801 Form RW-0,2 rev. 10.13.06 Page 2 of 2 .~, _, _ 21r~U ©zz~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat oir photograph. Fee for this certificate, $6.00 P 16244601 Certification Number N,os,ci ~r ~~~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE / PRMir M ~ d« CERTIFICATE OF DEATH (Sss Instructions and exampbs on rowroel i n rV O C O Q ~~ ~ ~ ` i Ii"I~ .~ s~,) Gr '~. ~~ ; t _ rr :.E ~ 7~ ~ C ~'~ -_... ` :n ~~ ~ . ~ ~n ' ~. rrr a o.a.a•[ (FYet, nr7., r.l oah) - "•••• ` • °.` ^`~"•OC 2. 8r a Bodtl S.o..y Nuriitl John William Cogley Sr. Male 187 _ 16 _4397 s ~a n.tl Birrap uea , ^ D..F (wmn, M• YrA tl trrw, a Drr a smr ~. .a rr « e< wr a ora or wor. Om M... u.r 84 "°'~' on~r vra 10/18/1925 Altoona PA , ^~/fin ^~ ^ al. 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Si ~: w~ ~ r ~ c. ~r~ .r ~ i,~ ~~ Te tie WMdnybb.+r6., a.r amurW tl6r 6u • ILtlIalE~ytorar rltl•Ll rW nurrrwr.t.rd__________________^ /I1J~ Q+h.e.i aeernirtl W/ ' 83 (worth. ay. `~ / oe r a YMeW6etlar, fin ny opnbn,atln axwre6tltlr tln.,ar,err. pree,ew Awmr.muyN ra nrrn.rrawL ^ 9i. wm. rw/4i.Rulybpy M~ ~a ~ (//~~ TnT ~~.~~~~~~~~~ ~ ,~ / ~ ~~~o F~,~xiN~.~ iyia~ This is to certify that the information here given is correctly copied' from an original Certificate of Death duly failed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~ / ~ /a~ /~ Local Registrar Date Issued Diepaian Pemtl No. ~.L7 dS,-a(1 a _~ property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my, Will, it shall be presumed that there is no other statement or list. Any subsequently discovered list shall be ignored. I give any property of the type described in this Item and not set forth in a written list to my children, to be divided among them as they shall agree. Should there be no agreement, the Executor shall divide this property among them in as nearly equal portions as the Executor, in the discretion of the Executor, deems appropriate, having due regard to the personal preferences of my children. ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding portions of this Will, to my children, in those proportions which will be necessary for each of my children to receive an equal amount of property passing as a result of my death, taking into account not only probate property which passes as part of the residue, but also jointly held property and property which passes by beneficiary designation. If any of my children do not survive me, but are survived by then living issue, the share of my deceased child shall be paid to his or her then living issue, per stirpes. ITEM VI: Administrative Powers. In addition to the powers granted at law, the Executor shall possess the following powers, each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: (a) Retain Investments. To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. (b) Vary Investments. To vary investments and. to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) Division of Assets. In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute Page 2 ~, C personal property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, ,join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) Sell Assets. To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to carry out the powers conferred upon the Executor. (e) Encumber Real Estate. To mortgage real estate, and to make leases of real estate. (f) Borrow Money. To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) Pay Costs. To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) Distributions Without Court Order. To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. Page 3 ~ ~ r (i) Vote Stock. To exercise voting rights with ~°espect to securities which form a part of my estate, and to exercise all the powers incident to the ownership of securities. (j) Reorganize. To unite with other owners of property similar to property in my estate to carry out any plans far the reorganization of any company whose securities form a part of my estate. (k) Disclaim. To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under athird-party beneficiary contract. (1) Tax Returns. To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) Allocate Expenses. To allocate administrative expenses to income or to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any esi;ate tax marital deduction or estate tax charitable deduction. (n) Emplov Advisors. To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these pex•sons from assets of my estate, without affecting the compensation to which the Executor is entitled. (o) Adjust Basis. To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of any property included in my estate, whether or not passing unde~• this Will, by allocating any amount by which the bases of assets may be Page 4 ~/ increased. The Executor shall be under no duty and shall not be required to allocate basis increase exclusively, primarily, or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving property as a result of my death, but shall not be liable t;o any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. (p) Compromise Claims. To compromise claims. (q) Other Acts. To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution. of the estate. ITEM VII: Beneficiaries Under Age 25. If a beneficiary under the age of twenty-five (25) years is entitled to receive assets under this Will, the oldest person who served as Executor of my estate shall retain those assets as Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors Act. The Custodian may receive and administer all assets authorized by law, and shall have full authority as provided in the Pennsylvania Uniform Transfers to Minors Act to use assets in the manner the Custodian deems advisable for the best interests of the beneficiary. I also designate the oldest person who served as Executor of my estate as successor Custodian of any property for which I am custodian under any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act. ITEM VIII: Survival. Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have X-redeceased me. ITEM IX: with respect to Executors: Executors. I make the following provisions (a) Initial Executors. I appoint my children, LYNN F. SHEFFER and JOHN W. COGLEY, JR. to be the Executors, herein collectively referred to as the "Executor." (b) Successor Executors. In the event that either LYNN F. SHEFFER or JOHN W. COGLEY, JR. are unable or refuse to serve as Co-Executor, my son, SCOTT R. COGLEY, shall serve as Co-Executor with the other of them. (c) Compensation The Executor shall have the x•ight to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. (d) Standard of Care. No Executor shall be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. (e) Securitv. The Executor is specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, at the end of each page of which I hav also set my initials for greater security and better identification this J 2, day of 20 C9 ~ (SEAL) HN W. COG Y, S We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the Testator was of sound and disposing mind and memory. / GG . (/~,//~ (SEAL) Residing at d~~ /~ oLO ~ ~ (SEAL) ~r~-l~v /~d~rs Residing at ~S ~ , ~~°-c-vti!/J u ~.t c S ~D,4. ~ 7Q ~ ~r-- ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) I, JOHN W. COGLEY, SR., Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my ~.ast Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. SE ( AL) HN W. COG Y, Sworn to and subscrib before me this ~~~ day of 200!<. Notary Publi My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVAN{A NOTARIAL SEAL CYNTHIA J. RULE, Notary Public Camp Hill Boro., Cumberland County My Commission Expires Februa 3, 2008 __ _, -r AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C ) SS: We, Li ~ ~~ y i and ~ ~ _ CJ (~S , the Witnesses whose names are signed to the attached or fore Ding instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, JOHN W. COGLEY, SR. sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed the Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of so nd mind and under no constraint or undue influence. G/`- , Witness Witness Sworn to and subscri d before me this ,~ ~ day of 20 D It. Notary Pub is My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CYNTHIA J. RULE, Notary Public Camp Hill Boro., Cumberland County My Commission Expires Februa 3, 2008