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Home My WebLink About03-24-11PETITION FOR PROBATE AND GRAN-T OF LETTF~.'~ ~~.- ~~, ,.---, REGIST~;R OF WILLS OF Cumberland COUNTY, PENNSYI ~~'~~_~,~ ~~*,~~ Estate of Margaret J. Cosgrove a/k/a Margaret Cosgrove File Number ^~-'~ ~ ~~ ~ ~ -~ ~'f ~„ . - ~ - ~._.1 also known as Margaret Cosgrove ~ ~~ . `' r ~ ~.. ___ ,Deceased Social Security Number ~i t,~, , , - ~ 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 Executor last Will of the Decedent dated February 1 1, 1998 and codicil(s) dated None named in the (State relevant circumstances, e.g., renunciation, death of executor, ctc.) >/xcept as follows, Decedent di~_I not marry, was not divorced, and did not have a child born or adopted after execution of the ins~.rument(~) offered forprobate, was not the victim of a killing and was never adjudicated an incapacitated person: None /d/V ~ ~.t~/Q $ .1Vc~ `_, ~- / ~~T'~ l Q /~ /-~G~''ti' ~~ Nr'r. i5/ ~ ~"?2 G ~~ ~/2eC F ~ ~: ~ N~ !- ~ T ~ ~7 fiC ~ ~rl r 1~ f~~Q ~'h~ Gt! r~' ~,s4 fir! ~~/ L•~ZDUN ~~S- ® B. Grant of Letters of Administration ~'"U~- ~f t/D~'PG~4 /,~1t~A ~~1 ~ .~~ i~i71'Zts11~~~ /~'~ _~_ i~/.117 ~J~ (l~~applicable, enter: c. t. a.; d. b. n.c.La.,- pendentc liter durunte absentiu; duf•ante r~rrrrurr~ate) ~~ ~ / C~ 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: (I~~ ~ ~'~`~ Administration, c.t.a. or d.b.rr.~ .t.a., enter date of Will in Section A above and complete list of heirs.) ~ Name Relationship Residence ~ (COMPLETE IN;~Z.L CA SES':) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at __ 58 Partridge Circle, Carlisle, North Middleton Township, Cumberland Cow~ty Pennsylvania 17013 _ _______ __ (Liss street address, luxn/city, toiti~~iship, county, state, zip code.) Decedent, then ~~~ years of age, died on March 10, 201 I at Carlisle Regional Medical Center Carlisle, Cumberland County, Pennsylvania 17015 .~ 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 $_-______ (lf not domiciled in PA) Personal property in County $______~ Value of real estate in Pennsylvania ~ 140,000.00 situated as follows: 58 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013 Wherefore, Petitioner(sl respecrfuliy request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letter:. in the appropriate forn~ to the undersigned: Signature T ed or rinted naive and residence ~____ c~~~~,i ' Patrick M. Cosgrove, 1 12 East Countryside Drive. Boiling Springs, PA 17007 Foy-n, Rw-~~~ ~-~~~. r~,~ 13.on 1Page 1 of 2 ~! ~ ~.,, Oath of Personal Representative ~ ~h, ~: -~ . COMMONWEALTH OF PENNSYLVANIA - `~i=?r~ ~r~ , ,f~, CO[JNTY OF Cumberland ~ _~' ~,::~ , --- The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true arxl~ ~~~-rect to t~ bust Hof- ~-= 1:~ ~ ~ the knowledge and belief o~~ Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) ~~il l v%e~ll and t~iily ~ : ; administer the estate according to law. Sworn to or affirn"~ed and subscribed ~.~. . beforF me the _____~~ ~~~'"_______ day of ~- ^~ ~ Foi~ ihrw F~egister ~_...~ i'/ J! i Signature of Personal Repre.rentatii-e Signature oJPersonal Represerttativc Signature of Personal Representative File Number: ~' ~ ~ ~ ~1 : Estate ~:~f Margaret J. Cosgrove a/k/a Margaret Cosgrove ,Deceased Social Security Number: 172-26-7600 Date of Death: March 10, 201 1 AND NOW, ~~~~ ~_ ~~ ~_~~~;' ~. ~ ~ ,~~ ~~~ t ~ , in consideration of the foregoing Petition satisfac~~tory proof having been presented before me, IT IS DECREED that Letters testamentary are hereby granted to Patrick M. Cosgrove __ in the above estate and that the instntment(s j da ted February_ 11, 1998 __ ______ _ __ described in the Petition be admitted to probate and filed of recor d as the last Will (and Codicil(sla of Decedent. FEES f ++{ '~ l ~ ~ ' ~ J ~ ; ~ f 4 ~~ 1, /py -/ ~ ~. ~~ I~ Ir i V it. C... r I ~. ice,.. + 3 ~. C..L~~:L. ~ -j r~x ~~..`t,~_ r '~~ ,~~~ ~ Letters ............. ` ~ '' $ ~^r~'~.' ~ ' Re ter o~ GVilis ~ ~` ~ ~.. r Short Certificate(s) ... .. . $ ~ ~ ` ~ ~ Attorne Si nature: ~` Y g ~ ~._~_`Yh/~. _ ~. _ Renunciation(s) ...... $ ~..~~ f ~' - $ ~; i~` r ! Attorney Name: David A. Basic _ _ ________ ~~~~~~ ~ ~ .. . $ ~~-.~=~ ~•'~ Supreme Court I.D. No.: 44853 ~~ ~ ~ ~ ~ ~ ~ ~ $ ~~ ~~ ~~~~~ $ Basic Scherer Address: _ _ ___ ___ $ 19 West South Street $ Carlisle, PA 17013 _, _____ $ Telephone: (71.7) 249-6873 TOTAL .......... $ °0.00----- ~',LI ' ~~ .~ z. ,~ Form RGV-oz r~~~. ~o. rs.o6 F'age 2 of 2 . . . „ ` M' 11 '!'..p ` ' i r LAST WILL AND TESTAMENT ' c~ ~ c~ ~. , OF ::~~ ~~.f ~- ~= ~w ~,... -~ MARGARET J. COSGROVE I, Margaret J. Cosgrove of Cumberland County, Pennsylvania, being of scxand mind, memory and understanding, do hereby make, publish and declare this as and for my Last VUII ar>d Testament, hereby revoking a{I other wills and codicils heretofore made by me. FIRST i direct the payment vF my debts and the expenses of my Iasi illness a;~ fungi ~~! my ~- `` 1 ~{~,;1 r`. estate as soon after my death as conveniently may be done. ff there be no cemetery lot avail~~ble for my interment, owned by me at the time of my death, I authorize my personal representative to I~+arcthase such oemetery~ lot with a contract for perpetual care, using therefor funds from my estate, aril I aukhorize my personal representative to cause title to or ownership of such lot so purchased to be v~~ecl in such person as my personal representative shall designate. It is my wish that a grave side service only be held in my honcx. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable, for the pur~ase, erection and inscription of a suitable marl~er for my grave. SECOND I give, devise and bequeath my entire estate of whatever nature and wherever situate to my sons, Patrick M. Cosgrove and Mid~ael L. Heishman, in equal shares. 1, give devise and h~~ueath the sum of five thousand ($5,000.00) dollars to each of my grandchildren, the money to betaken from their respective fathers portion of my estate. In the event I am predea?ased by my son, Michael L. !-Heishman, my entire estate shall pass to my son, Patrick M. Cosgrove except for five thous~~J ($S,CX~.00) dollars which shall be paid to each of the then living children of Mid~ael L. Heishrr~an. In the event i am predeceased by my son, Patrick M. Cosgrove, his one-half share of my estate sh~alll pass to his children in equal shares who are alive at the time of my death. THIRD in the event I am not so survived by my said sons, Patrick M. Cosgrove and Michael L. Heishman, and a portion of my estate passes to an heir under the age of twenty~ve (25), thE~ri that portion of my estate passing to the heir shall be placed with Patrick M. Cosgrove, as TRUST~E:F. In the ,~~ event Patrick M. ~;osgrove is ur~abie or unwilling to serve as Trustee, l ~ncminate and appoint Mid~tael L. ~v Heishman as alternate Trustee under the following conditions:: °~ ,~~; '1. My Trustee shah pay prinGpa{ and income to or for the k~enefit of the heir during his or ~:! `~~, her life as my Trustee, from time to time, shall deem advisable for the health, maintenance, support and `' complete education of such heir and the members of his or her immediate family. In addition, Amy Trustee in his sole discretion may advance principal to said benefiaary against the fractional :shares to ^_ be advanced hereunder for the costs of marriage, or the purchasing of a or costs of entering a business or profession if my said Trustee shall deem such expense reasonably prudent ~?. Notwithstanding the foregoing provisions, after attainment of twenty-one (21) years, each heir rnaywithdrawone-~~aff (1 /2) of the principal of his or her trust valued as of said birtl^u~ay or~ the date of division into shares, if later, and after attaining age twenty~ve (25) years, each heir may withdraw the remainder of said prinapal and undistributed income. :3. In the event of the death of a trust beneficiary prior to age tvventy~ve (25) ~tr~eri my Trustee shall distribute any remaining principal and interest as such beneficiary shall appoint Iby specific reference to this power in his or her will, or if such power is not exercised in full, the unappoir~led ~prinapal shall be distributed to his or her issue, per' stirpes, or in default of such issue, to my issue, per stir~ses; __ _ _ - - - - provided, hew~ever, any portion of such prinapal, whid~ would be distributed to any ber~eficiary~ ~fcx ~nrhom a trust is then held hereunder; shall be added to such mast. ~ Should the principal of any trust herein provided for be or become too small in my Trustee's discretion to make establishments or continuance of the trust advisable, my TnasteE~ may distribute the remaining principal and any accumulated or undistributed income outright to ~~ benefiaaries in the proportions to which they are then entitled to. The receipts and releases of tree distributees will terminate absolutely the rights of all persons who might: otr~erwise have future interest in tnE trust, vvhethe~° vested or c~~tirt, wi~out notice to ~zm and without the necessity of fili~~ an ~.' acx;ount with the caart. .,.: FOURTH l direct that no trustee, executor, guardian or other fiduraary named, nominatE~l, cu~ `~~ ~, appointed by this my Last Will and Testament shall be required to post any bond or give any secxarTty of whatsoever an law or rule of fihe court of the Comrr~or~wealth of Pennsylvania ~, any type for any purpose , y ,,~ other Jurisdiction to the contra notwithstandi I direct that the law of the Commonweahi~ of or any ~ rY ~ n vania shall Ito an int tation or a lication of the validity cif this instrument. Pen syi app Y Y ~ FIFTH My executor and trustee shall have the fo{Ie-wing po-wer~ 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 far minors, whether princi~~al or inoorne, exeras2~ble without '; curt approval, and ~ective, with respect to each item of said property until actual distribution thE~reof. A,) To retain, as investments of my estate or trust, any cx all assets of my est~~te, real, `. personal, or mixed, without regard to any principal of diversification, and to purchase and acquire real or - _ _ ~ pc~rsor~al property and to hold any or all of such real and personal property retained or aoquired4 without making the same productive of income. B) To permit the children, or any of them, to occupy any real estake retained car acquired upon such terms and conditions as my executor or trustee shall deerri proper. ~;) To pay all taxes, charges and expenses of mainter~anoe, upkeep, improverr~ents, development, protection, preservation and investment of any retained or acquired real or pe~~or~al ~ properly, such payments to be made from either principal or inoa~r~e a5 my executor or trustees sha{I ~. ~ determine. >- ~~=~ I~} To retain or invest any and all funds, whether principal or income, in any real or .~ ~~ pe~~onal property without restriction to legal investments; to purchase investments at prem~urr~s; to ~` exerase all ri hts of a security holder or share holder in any oa~poration; and to lease, mortgage, ~. g pledge, give options upon or sell at public or private sale and without approval of any curt, any real or personal property, or portion or portions thereof, irrespective aF the manner or the means by which the same was acquired by my said executor or trustee. E) To make payment or distribution herein provided for in cash, kind or partly in cash and partly in kind, at valuations fixed by my executor or trustee at the time of distribution. SIXTH ,way and all payment or payrrients ot~ any sum or surres, whether in cash or in rand and whether far prinapal or irx;orr~e, 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 fra~n antiapation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such ber~Ficiary SEVENTH I appoint my son, Patrick M. Cosgrove, Executor of tr~is my Last Will and TE~,stament. Should my said Executor fail to survive me or for any reason fail to qualify as Executor, then I appoint my son, Mid~ael L. Heishman, Executor of this my Last Will and Testament.. IN WITNESS WHEREOF, I have hereunto set my h<~nd and seal to this, my Last Will aril Testament, consisting of five {5} typewritten pages, the first four (~t) of which bear my sic~r~alure in the margin for the p~~rpose of identification, this ~ ~ t~ day of Febn.~~ry, 1998. // ~~ ~~ .~ ,_~ ,~~. ,~..~.~_~.~_ SEAL ~~ MAR ~ ET J. C' SGROVE Signed, sealed, published and declared by the above named testatrix, Margaret J. ~C~ck~grove, as and f~ her Last Will and Testament, in the presence of us, who, at her request, in her sight and preseru~e, and in the sight and pre-senc_p of each other, have hereunto subscribed our ~, ass witnesses. ~~ `` j~' ` ~ ~,.~ fr ~ I ff. ~,~,. -..+ /~ ADDRESS ~` . . ~ ~: `' ll7iii L~~ ~ ' F ,~'~ ~!~~~ ~ 1`~~ ~~ ~' ADDRESS ~~ .~ C~-z-~C~~'-~%7 ~~ ~2~.~~~ ~ '~'~ ;, ._, _ _ - - _ - - __ _ - - _ m COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 4 r ! ~ We, Margaret J. Cosgrove, ~~' ~..~%~~..~ ~~ ~f\'~- {'~~n'_.~ __-- ands ,~' ~ ` ~'."~A,7_~;R ' - ~~ - f , ~ ._. ~''` ' ~`~ ,the testatrix and the v~~hrr~, re Nel ~, ,j whose names are signed to theattac~~ed or foregoing instrument, being first duly svv~orn, do hereby declare to the undersigned authority that the testatrix signed and exe~~.rted the instrument c~ hE~r Last Will and Testament, and that she signed willingly and that she executed as her free and volunt~~ry c~ct 'For the purposes therein expre:~sed, and tha< each of t;~e witnesses, in the ~ eSence and hearing C~ the testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no oonstraint or undue ir~luerx~e. _, .~ Sworn to and subscribed before me this ,~ ' day of a'~~,f ~'_ "~ ~` ~-~_ ` . ~ . -' , 1 ~~~ !~ ~ -- -~i , t~ ,` f `: f ;~ ~,__.. i _._ .. _._ ~, _ ~,,