HomeMy WebLinkAbout05-28-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of Dale Allen Davenport
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~~' ~ C~ `(x'49
Social Security Number 180-34-2438
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
{COMPLETE 'A' or 'B' BELO><V
^/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix
last Will of the Decedent dated January 12, 2006 and codicil(s) dated N/A
(State relevant circumstances, eg., re-rurrciatio-r, 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, e~rter: c.t.a.; d.b.n.c.t.a.; pendente life; durance abseirtia; durance minoritate)
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spou~i~rty) and he°: (If
Administration, c.t.a. or d.b.n.c.t.a., eater date of Will in Section A above and complete list of heirs.) ~ ~ ~ ,-~,- r
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Name Relationshi Residen ,.~~~ t'"" "'"~ --~--`
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(COMPLETE INALL CASES:) Attach additiorta! sheets if necessary. ~,
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at •~' -; ~'
22 Cherish Drive. Camn Hill. PA 17011
(List street address, towi-/city, township, county, state, zip code)
Decedent, then 65 years of age, died on May 19, 2010 at his residence located at 22 Cherish Drive, Camp Hill
Pennsylvania 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 0.00
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
7~ ~ 5heny L. Davenport, 22 Cherish Drive, Camp Hill, PA 17011
named in the
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 affum(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 ~ ~St''~ day of
~~
For the Register
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Signature offers a Representative ='~` .r:
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File Number: ~ ~ _ 1 O ~ CJ S~-1 q
Estate of Dale Allen Davenport ,Deceased
Social Security Number: 180-34-2438 Date of Death:May 19, 2010
AND NOW, \ ~~.~. c~g o'~O ~ O ,inconsideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Sherry L. Davenport
in the above estate
and that the instLUment(s} dated January 12, 2006
described in the Petition be admitted to probate and filed of record as the last V~ill (and Codicil(s)) of Decedent. .
FEES
Letters ............... $ 30.00
Short Certificate(s) ........ $ 20.00
Renunciation(s) .......... $ 0•~
Automation Fee .. , $ 5.00
JCP Fee . , . $ 23.50
I n ... $ N 15°99'
~ , t..~._. ... $ is. ~
... $
... $
... $
... $
TOTAL .............. $
Attorney Signature:
Attorney Name: Luther E. Milspaw, Jr.
Supreme Court I.D. No.: 19226
Address: 130 State Street
Telephone:
Harrisburg, PA 17101
(717) 236-3141
Form RW-02 retia 10.13.06 Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee far this certificates $fi-~(~
Certification NO)T)h~~)
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'T'his is to certify that the information here given is
correctly copied fi-am an original Certificate of Death
duly tiled with me as Local Registrar. The original
certiY)cate will he forwarded to the State Vital
Records Oft-ice far permanent filing.
Local Re~iistrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
i(SBB IflBtrlaCYIOfYB 9ruf sa7tsemnlwc nn wv~r'ca\
1. Warm a Decedera (Ftrsl niddb, last, suKa)
2 Sex nvm
3. Soda) Security Number ocn
1. Date d Daat\ (Mmm, day, year)
Dale A. Daven ort Male 180 -34 - 2438 5 19 1
5. Aye (Leaf tlirtlxpy) under 1 r under 7 de s. Date a Bunt 7. ~ and step a 6a. Place of Death t7redc one
Morkrs om Haxe karsssa
Hospipl' Other.
65 Yrs. B1 ms ur PA ^Inv~ ^ER/
^ OOA ^ Nursing Hone ~ Residence ^ Other - Spedly:
6b. County a Death lk. Oriy. Boro, Twp. a Death ~ F
xBily Name (H rat iratlprCOn, give street and raanbar) 9. Was Decedent a Hispanic Oriykr? f .1 ~ ^ Yes 10. Raoa: Mterican Mdlan, Blade. V~Arp, etc.
• 22 Cherish Driv
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saf
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(spedly)
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• Cumberland East Pennsboro ~~•~~~~~) White
• 11. Dacedara's Uswl ~ Kind a work d one ~ most a ~ Ne. Do not seta 12 was Decedent ever in dre 13. Deadanl's Education (Spady onl
hi
fwret
rads carr
o leted) 74
M
it
l St
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IGrW a Work KkMd Business/IMustry
U.S. Anted Forces?
Ebmenpry / 3emrldary (0.72) y
g
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t
CoNege (1.4 a 5.) .
ar
a
atus:
artied. Never kprried,
wktowad, Divorced (Speedy) 75. Surviving Sparse (n wife, give maiden name)
r ®Yea ^ "° 4 Married Sherr Leonard
16. t)ecederM'a Maikny Address (Street, dry /town, state, zip Dods)
22 Cherish Drive Decedatrs Penns 1 v a n i a
"a"°I 17a~~'a- Y L°'°eioeederd ,~~
oecedentlivedk, East Pennsboro
®ves
Camp Hill
PA 1 7 01 1 ,
.
township? T"~
,n. co~rdy Cumbe r l a nc? red. ^ No, Decedard t.ived wihin
, Aauel LinHs a City / Bono
78. Father's Name (Fast, midde, last, wlfix) ty. Motlrta Nerve (Feat, middle. maiden arxr7ame)
w'n B1 i eC'~Ba~en •rt June Elizabeth anich
20a. InfameM's Name (Type /Print) zab. k7tormanYs MaiWg Address (stieel cMy /town, spp, nP coda)
22 Cherish Drive Cam Hill PA 17011
21 a. Monad a Disposkon ~ ®~~ ^ Donation
^ ~'~811i
i'S~ 2/b. Dap a Dieportlon (Monet, day, gar) 27c. Place d DiepoaAbn (Name a rxurartery, asrtrabry a Dress place) 27d Laratian (CIry/ fawn, slate, ~ coda)
^ onar~
o
~ ~ I~ra$^ No Evans Cremation Service Leola, PA 1 7540
~s'°'"a"aa ~ ) ~b~'-i`°'"°"'x"~°r ~e~NemBBndAd~°°°aF°~' Neill Funeral Home, Inc
- i FD 013239 L 3401 Market St. Cam Hill PA 17011
Canppp hems ony when
pttysidan a vallabp at time a deem b 23a. To the best a my dam axnrred ar the tlms, place stated. (Siynsdae and Wp) 23b. License Ntsnher 23c. Dap
Signed (AAonlh, day, rear)
«~ a dean. ,~,~,,,,<~ I~ x3 58 6 6 L ~'1'I ~
9 solo
Ibrra 2F26 mull De eonpbpd by person
who prabtx,cea deem 24.7ane a Deem ~
s
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R 25. Dap (AlorWt, say, y~ear) 26. was case Reterrod b Medical Examiner /crooner rota man a Damson?
.
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M. /~
l o~N l 0 ^ Yes ~No
CAUSE OF DEATH (See Matructlons and a7u ) r Approxknala kderval:
Ham 27. Pert I: Enpr the dram a ewaras - diseases, injurlas, a compkcaUan -mat dkectly caused the deem. DO snpr pnninel wards nth as cardre arrest, r Onset b Deem PaR II: 6fpr amer
but not resulting n me uMerlying cause
iven h Part I 26. Did Tobacco Use CordribWe b Death?
^
respkatory arrest, a verdriculsr Ibrination wined ahowkg the etiobgy. List atly one calve m each Mna. ~ g
. Yes Probably
~
IMilED1ATE CAUSE (Fnal dasase a r
- ^ Unknown
~ _ / / r
condltlon raultirq in deem)
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~7Z~~ t~' ~ c S
~ , •
/YL
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' 29. H Female:
a.
Z
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, 6
~t.
~ /I•rYt-~~ ^
Due b (a as a consaquenq a): ,
Oat oatdtiorro, n try, b ~ Not pregrrerq within pact year
^ Pregr7arn at time a deem
a
E~
Due b (a as a
IINDERLYNlfi CAUSE
~~ ~
^ -~ pregnard, but pregnam widen 42 days
(daaaw a tltet Htialsd me
sweets reewtky a.em) LAST. `
~ a deem
^
Due b (« as a conee4renre ot):
r Nor Preynen4 but prepnaam a3 days b 7 year
• d, r betas death
^ Unlmown H prsgrwd wihin me peat year
30a Was an Aubpsy
Perlomted? 30b. Were Autopsy Frdings
Available Prior to Canpption 31. Marx,ar a Death
~~ 32a. Dap a I '
ryury (Monet, day, year) 320. DMCrlbe How Injury Ocarred 32c Place a Irgtxy: Home, Farm, Stied, Facbry,
a Cause a Deem? V~Naaxal ^ hbrridde Office Buil6ny, etc. (SP~1'1
^ /
^ Yes SRO ^ Yas ^ No ^ ^t ^ Psndkg Invsafiyauon 32d. ants a kjury 32e. kyury a7 wok? 321. n rmspaption Injtay (Spscily/ 32g. Locarion a kyury (S~eL dty / Wrm, step)
^ Suidda ^ Coukf tVa be Detamkned M ^ Yes ^ tb ^ Driver/Opereta ^ Passenger ^ Petlectrian
Omer - Spsaly.
33a. Certi1W (dxedc aNy ate) 33b. Signatrxs and rme a Certrfar
• ~YMy PhY~ ( g urea d deem at7en anotlrr phyyt:ien nee prenorareed deem and mrrplepd Ipm 23)
To tIN bast a my pwaAedYa. daMh ottsrrrad dw p tM auaa(a) and rrrnrwr as ataead _ _ _ _ _ _ _
--------------------------
~- .• ~!.~+~ 7 ~'~ Z
MO~~yNOP~~(~fq~ardarWykgbpusaddaalh) 33c.LicarmeNumber 33d.Dap
,day. year)
Tout. brt of sty latowf.dy. d.rh oeeurred.t rh. tpr, du., rk place, and due ro tlw eauaa(a) and e7arwtar>, gapd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^
• wde.lEx,atMtarrcarotw M ) / ,
'' E ~i`F" ` .
S lei ~~;
On the beats of sxatttlnatlan and / a InnsByatbn. let my opinion, daMh occurred al dte ikna, dab, and platy, and dw to the eataa(y rtd n7rstar as opted
^ 34
N
d A
. .
ame an
ddroec a
P
erson Who Completed Cave a Deem (Ipm 27) T /Pled
35. 36.Oap Filed (Alorah, dsy, Year) ,(
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Disposition Permit No. v ~ ') ~ SO LD ~ ~
LAST WILL AND TESTAMENT
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DALE A. DAVENPORT :_~~ '
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I, DALE A. DAVENPORT, of 22 Cherish Drive
Camp Hill
Cumberland Count
nd `~~'
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Commonwealth of Pennsylvania, having a date of birth of August 2, 1944 and a social security
number of xxx-xx-2438, and being of sound and disposing mind, memory and understanding, do
make, publish and declare this as and for my Last Will and Testament, hereby revoking and
making void all former wills and codicils by me at any time heretofore made.
ITEM I: I direct that the expenses of my burial and all my debts be paid as soon
after my death as maybe convenient to my Executrix or Co-Executors
hereinafter named.
ITEM II: I give, devise and bequeath all the rest, residue and remainder of my estate,
whether real or personal, of whatsoever nature and kind, and wheresoever
situate, unto my wife, SHERRY L. DAVENPORT, provided that she is
alive on the 90~' day following the date of my death.
ITEM III: In the event that my wife, SHERRY L. DAVENPORT, is not alive on the
90~' day following the date of my death, I give, devise, and bequeath to
each of my grandchildren who survive me, the sum of $5,000.00.
Thereafter, the rest, residue, and remainder of my property, real, personal
and mixed, shall be divided in equal shares per stirpes to my two sons,
BRIAN PAUL DAVENPORT, now or formerly of 6009 Marilyn Drive,
Alexandria, VA 22310 and MARK ALLEN DAVENPORT, now or
formerly of 328 11 `" Street NE, Washington, DC 20002.
ITEM IV: I nominate, constitute and appoint my wife, SHERRY L. DAVENPORT
to be the Executrix of this, my Last Will and Testament. If my named
Executrix does not survive me, or is unable or unwilling to serve for any
reason, I nominate, constitute and appoint my two sons, BRIAN PAUL
DAVENPORT, now or formerly of 6009 Marilyn Drive, Alexandria, VA
22310 and MARK ALLEN DAVENPORT, now or formerly of 328 11 `~
Street NE, Washington, DC 20002, as Alternate Co-Executors hereof.
ITEM V: I give to my Fiduciaries the following powers which are to be construed in
the broadest manner consistent with validity and their duties as fiduciaries.
I give the powers stated herein, in addition to those granted by law, and I
give them to Administrators and Trustees who succeed the fiduciaries I
have appointed.
a. To retain any or all of the assets of my estate, real or personal, without
regard to any principle of diversification or risk.
b. To invest in all forms of property, including stocks, common trust funds
and mortgage investment funds, as they deem proper without regard to any principle of
diversification or 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 sale, 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.
~
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss:
We, D E A. DAVENPORT, Luther E. Milspaw, Jr., and
`- , ,the Testator and witnesses, respectively, whose names are
signed to the attached and foregoing instrument, being duly qualified according to law, do hereby
declare to the undersigned authority that the Testator signed and executed the attached instrument
as his Last Will and Testament and that he signed it willingly, and that he executed it as his free
and voluntary act for the purposes expressed therein, 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 our
knowledge the Testator was at the time eighteen (18) years of age or older, of sound mind, and
under no constraint or undue influence.
fitness
(~ ,
Witness
Dale A. Davenport
Subscribed, sworn to and acknowledged before me by DALE A. DAVENPORT,
T tator, and subs 'bed and swo to before me by Luther E. Milspaw, Jr., and
itnesses, this ~_ day of January 2006.
AL)
ary Public
NOTARIAL SEAL
My commission expires ~- L EBRIGHT
LEWISTOWN BOROUGH, MIFFLIN COUNTY
M1l Commission Expkss Ocf 11, 2008
e. To borrow money from any person or institution, and to mortgage or
pledge any or all real or personal property as my Executors or Trustees, in their sole discretion
shall choose, without regard for the dispositive provisions of this instrument.
f. To register securities in street name or in the name of a nominee or in such
manner that title shall pass by delivery and to vote, in person or by proxy, securities held
hereunder and in such connection to delegate discretionary powers.
g. To compromise any claim or controversy.
h. To choose the optional valuation date for federal estate tax purposes.
i. To exercise any law-given option to treat administrative expenses either as
income or as estate tax deductions, without regard to whether the expenses were paid from
principal or income.
j . To exercise any law-given option to pay death taxes in installments, the
payment of interest due on such installments to be a charge against principal.
k. To make distribution in cash or in kind, or partly in cash and in kind, and
in such manner as they may determine, and at valuation finally to be fixed by them.
ITEM VI: All federal, state and other death taxes payable on the property forming my
gross estate for those purposes, whether or not it passes under this Will,
shall be paid out of the principal of my probate estate just as if they were
my debts, and none of those taxes shall be charged against any beneficiary.
This provision shall not apply to any property over which I have a general
power of appointment for federal estate tax purposes.
ITEM VII: To the extent that such requirements can be legally waived, I direct that
my Executrix or Co-Executors shall not be required to post bond or give
-~
any security in connection with their duties hereunder, whether in the
Commonwealth of Pennsylvania or any other jurisdiction.
IN WITNESS WHEREOF, I, DALE A. DAVENPORT, have hereunto set my hand
and seal to this, my Last Will and Testament which consists of four (4) typewritten pages, this
~a day of January, 2006.
Dale A. Davenport
Signed, sealed, published and declared by the above-named, Dale A. Davenport, as his
Last Will and Testament in the presence of us, who at his request, in his presence and in the
presence of each ot~er ha ~e hereunto subscribed our names as witnesses.
WITNESS
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WIT ESS
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