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HomeMy WebLinkAbout05-31-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WII.LS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Marie E Bowers .Deceased ESTATE NO.21- /~~ ~~ a/k/a: a/k/a: a/k/a: SS NO: 204-26-9665 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~_ D A. Probate snd Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a i'ete l~t C and aver that Petitioner(s) is/are entitled to the aforementioned Letters Wanda L Gauker y. the last Will of the above-named Decedent, dated 3/2/2005 and codicil(s) ~ vi - eta 4 (State relevant circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did not many, was not divorced, and did not have a child born or ado execuh'~ of then, instnunents offered for probate; was not the victim of a killing, was never adjudicated an incapacitat n, aetf~as not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): ^ B. Grant of Letters of Administration (IrapplicaMe, enter d.br., perdert life, drnrte abserflr, darwte miaorlhte) C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was stnvived 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 and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce hsd been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:- USE THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 609 High Str Enola PA 17025 (Street sddmes with Post office and Zip Code, Munw~palny: Towttahip, Borough, City) Decedent, then 78 years of age, died 5/16/2011 at (Month, Day, Year of death) Eatiatad value of decedent's property at death: If domiciled in PA If act domiciled in PA If cot domiciled m PA -Value of Real Estate in Penacylvaeia Location of Real Estate in Pennsylvania: (Provide full address if possible.) TMaI Fwti~ahd Value S 357.44 S S S S 357.44 Signature(s) Name(s) & Mailiea Addraa(es) ~• ST r v///~ ~Cjs 3 Interim Fonn RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 oft Enola PA (City end State where death occurred) ~ 1 1~P~Y Personal property m Petmsylvania Personal property m Cotmty OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania SS County of Cumberland The Petitioner(s) herein named swear or affirnt 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 siTumed and subscribed ~ A~ ___., , ~,~'~ ~,, ~, ~ () ~5 ,Deceased File Number: 21- -c ca A C~-~i^jt in the above estate and that insfruments(s) dated f k1.l~t I ~~~'] `~ described in the petition be admitted to probate and filed of record as the last WilPand Codicil(s) of Decedent. lends arner Strasbaugh ~ ~ i ~ ~~~"~~'~~~t~( Register of Wills ~ Y V V FEES: ~~ , ~ 1 Letters ....................5 (Y Will ........................ G Codicil(s) ................. ( )Short Certificates '~ (~) Renunciations....... Bond ........................... Other ............................. Automation FEE......... 5.00 JCS FEE ................... ~23~.50_ ~I~ TOTAL ................$ ~Q" Siguature of Counsel Required to Enter Appearance Atty's Signature PRINTED Name: _ Supreme Court ID No.: Address: Phone: Fax: Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 ,,.. LL ~ AND NOW, this y~`~day of ! ~ in consideration of the Petition on the verse side hereon, satisfactory proof hav' been presented before me, IT IS DECREED that Letters / Testamentary _ of Administration are hereby granted to: ~ /1 .1 ~~.~ ~ eu» as.~. ar..,oc~. ~.~ Ht03 Rn5 REV ip+/9'7~ Il-(.p3~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. 1 Fee for this certificate, $6.00 ,,,11~~~~~~~~~•~--.. This is to certif that the information here t,t t,~~p~TH OFpfy'ys _ correctly copied from an original Certificate oft Death l~_ duly filed with me as Local Registrar. The original. ~o ~ r y= certificate will be forwarded to the State Vital ~ y ~ a~ Records Office f permanent filing. *' ~ *. P 17488294 '° ~: ~'~ ~ Itt't' 99l~fNT OE~~Pt Certification Number E ~ -„a,,,nYYn"" ~ 1 Local Registrar Date Issued ---- c --_ --- b ~ , - - - - ~ w i ~C13 .... ~j {C~7 M ~ r~nsz'r~ COkAglPNEALTM OF PENNSYLYAtMA . OBPAATAAEHT OF M6/1LTN . 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BOWERS, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. I have the following children: John H. Bowers, Wanda L. Gauker, Holly A. Farner, Cynthia J. Adams, Valerie D. Beane, and Brian E. Bowers. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE MARIE E. BOWERS REVOCABLE LIVING TRUST executed on March 2°a, 2005 (the "Revocable Trust"). If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items • from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed on March 2°a, 2005. If there aze any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me on March 2"a, 2005 in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on March 2"a, 2005. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shalt hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. • If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the POUR-OVER WILLS Page 1 (Testatrix) • residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint WANDA L. GAUKER to serve without bond as my Executor of this my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint CHARLES L. GAUKER to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility confen•ed upon the Executor originally named herein. • EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as • Federal Income Tax deductions. POUR-OVER WILLS Page 2 (Testatrix) • SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and, bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. -~ ' MARIE E. BOWERS Testatrix This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of the preceding pages. This instrument is being signed by me on this ~- day of ~_• • • POUR-OVER WILLS ,~~ Page 3 (Testatrix) i • ATTESTATION CLAUSE The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was her Last Will and Testament, and she requested us to act as witnesses to such instrument and to her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix. WITNESSES: ADDRESSES: ~'3~ I~IIe V;s-~.. ~r~vc ~~--eyc~ L ~ i~~de.~ (Printed Name of Witness) ~h~,Q~1 ~ . ,Q~~s (Printed Name of Witness) CnAI~- ~~ i~a~s i~ ~~~~ POUR-OVER WILLS Page 4 (Testatrix) • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE EFORE ME, a undersigned authority, on s day personall ~ppeazed MARIE E. BOWERS, ~,tfG'~ ~-- • ~ and K ~ ~-ac,~-nc ,known to me to be the Testatrix and the witnesses, respectively, whose names are subscr~ ed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, MARIE E. BOWERS, Testatrix, declared to me and to the witnesses, in my presence, that the instrument is her Will and that she had willingly made and executed it as her free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix had declazed to them that the instrument is her Will and that she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that she did the same as a witness in the presence of the Testatrix, and at her request and that she was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. MA E. BOWERS Testatrix • ~~~~~ Witn s (Printed Name of Witness) _.~~~~ ~ Witness (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGED before me by MARIE E. BOWERS, Testatrix, and subscribed and sworn to 12efore me by vu l., d..l and ,~~prtsr~ ~., _, witnesses, this the ~ S day of (- , ~~. COMMONWlALTNORpENNSVwANIA ~`- NOTARIALSEAL Notary Public, Commonwealth of Pennsylvania PATRICIA A. BENDER; Notary Public East Pennsboro Twp., Cumberland County • M Commission E fires Septem~~er 19, 2011 POUR-OVER WILLS /! 7~ Page 5 (Testatrix)