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HomeMy WebLinkAbout09-10-12.,~ ~ ,._-7 '~ 1.. 4"?7 T.. - : i~ -r ~ ;;- PETITION TO PROBATE A COPY OF A LOST WILL' -.~ ~, _` ~, _` J,' 1 r---. _ - ....J y __ i w~ ~ REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLV2~NIA - ' ' / 1 rq.,~ ~ j ~L I' Name of Decedent: RALPH C. BOWERSOX File No. .e_' ~ ~ ~ ~` ~- .- ~ 1 ~,.~ Petitioner, Harry G. Baker, over eighteen (18) years of age, a resident of 416 Darla Road, Mechanicsburg, Pennsylvania and Decedent's adopted son declares under penalty of perjury under the laws of the Commonwealth of Pennsylvania that the following is true and correct to the best of my knowledge: 1. Decedent's Information. Decedent, Ralph C. Bowersox, died testate on December 23, 2008. Decedent was domiciled at death in Cumberland County, Pennsylvania with his last known principal residence at 131 North 27th Street, Camp Hill, Pennsylvania 17011. Decedent died at 131 North 27th Street, Camp Hill, Pennsylvania 17011. Decedent's social security number was 175-10-9627 and he was 89 years of age at death. The total estimate value of Decedent's estate is one hundred seventy-five thousand dollars ($175,000.00), which estate solely consists of decedent's Pennsylvania real estate situated at 131 North 27th Street, Camp Hill, Pennsylvania 17011 (the "Property"). 2. Lost Will. On August 12, 2008, Decedent signed a Will (the "Will") while competent, and its subscribing witnesses are Mary Curtis and Israel Borges. Section 11 of the Will provides a Testimonium Clause whereby the Decedent declares that he signed the Will in the presence of Mary Curtis, Israel Borges and Debra L. Leshak. Section 12 of the Will provides an Attestation Clause whereby witnesses Curtis and Borges declare they, at Decedent's request, and in his presence and in the presence of each other, have subscribed their names to the Will and certify that, in their opinion, the testator is of sound and disposing mind. Section 13 of the Will provides a notarized Self-Proving Affidavit of witnesses Curtis and Borges and the Decedent in accordance with the probate laws of the Commonwealth of Pennsylvania. Decedent's wife, Sylvia Bowersox, kept the Will and copies of the Will at their personal residence located at the Property. Sylvia Bowersox later moved to an assisted living facility located at Bethany Village at the Oaks Skilled Nursing #28, 325 Wesley Drive in Mechanicsburg, Pennsylvania ("Bethany Village") where she currently resides. During the relocation to her new location, the Will was lost. Although I have not found the original of the Will and believe it to be lost under circumstances not having the effect of revoking the Will, I do have and have attached to this Petition a true and correct copy of the Will. I believe the Will to be lost under circumstances not having the effect of revoking the Will for the following reasons: I was responsible for moving my mother and all of her Petition for Probate of a Copy of a Lost Will Page 1 of 3 Tyrone A Harry G. Baker ,Personal Representative 416 Darla Road, Mechanicsburg, PA 17055 (717) 979 - 8467 Powell, Esquire of Powell Law, P.C. (717) 236 -6666 personal effects to Bethany Village. After a thorough search of the Property, I found copies of the Will, but I did not find the original. Shortly thereafter, I removed all contents from the Property. The fact that my father was terminally ill when he signed his last will and testament, that he died less than 5 months after signing the Will and that my mother confirmed to me that the Will had not been revoked lead me to believe that the Will is lost under circumstances not having the effect of revoking the Will. In addition, I am filing notarized affidavits consenting to this Petition and waving any notice of hearing from Decedent's wife., Sylvia Bowersox, which affidavit is attached hereto as Exhibit B and made a part hereof and Decedent's son, David G. Bowersox, which affidavit is attached hereto as Exhibits C and made a part hereof. 4. Attached is valid copy of the Will. I believe the Will attached hereto as Exhibit A and made a part hereof is a valid copy because I reviewed the Will prior to its signing and was present during the signing of the Will. 5. Personal Representative. In the Will, Decedent named his wife, Sylvia Bowersox to act as his Personal Representative. If she renounced, Decedent appointed his son, David Bowersox to act as his Personal Representative. If David Bowersox renounced, Decedent named Petitioner to act as his Personal Representative. Both Decedent's wife, Sylvia Bowersox and his son, David Bowersox have renounced their rights to personally administer the estate. I reside in Cumberland County, Pennsylvania and I am willing and qualified to act as Decedent's Personal Representative. 6. Heirs & Beneficiaries. The name, address, relationship of each heir, legatee, devisee, beneficiary or transferee of Decedent are as follows: Name Address Relationship Sylvia Bowersox Oaks Skilled Nursing, Mechanicsburg, PA Spouse David G. Bowersox 205 St. Albans Court, Chester Springs, PA 19425 Son Harry G. Baker 416 Darla Road, Mechanicsburg, PA 17055 Son Karen L. Robinson 502 Harrisburg Pike, Dilisburg, PA Granddaughter Joseph Robinson 502 Harrisburg Pike, Dillsburg, PA Grandson-In- Law Marci Baker 3419 Canyon Creek Road, Mechanicsburg, PA Granddaughter -In-Law James D. Baker 3419 Canyon Creek Road, Mechanicsburg, PA Grandson Margaret Baker 416 Darla Road, Mechanicsburg, PA 17055 Daughter-In-Law Petition for Probate of a Copy of a Lost Will Harry G. Baker ,Personal Representative Page 2 of 3 416 Darla Road, Mechanicsburg, PA 17055 (717) 979 - 8467 Tyrone A. Powell, Esquire of Powell Law, P.C. (717) 236 -6666 WHEREFORE, I request that the Register of Wills of Cumberland County: A. Establish that Decedent's Will is lost; B. Establish that a true and correct copy of the Decedent's Will, which is attached to this Petition, as Decedent's Will. C. Admit Decedent's Will to probate. D. Appoint me as Decedent's Personal Representative, to serve without Bond. E. Order that the Registrar of Wills in response to this Petition promptly admit the Will to probate, and that Letters Testamentary be promptly issued to me upon the filing of my sworn Oath of Personal Representative. SIGNED On September 10, 2012 ~. By: --~- Mr. Harry G. Baker Its: Named Personal Representative Petition for Probate of a Copy of a Lost Will Harry G. Baker ,Personal Representative Page 3 of 3 416 Darla Road, Mechanicsburg, PA 17055 (717) 979 - 8467 Tyrone A. Powell, Esquire of Powell Law, P.C. (717) 236 -6666 CKl+ir_3tT A WILL OF RALPH C. BOWERSOX 1.0 2.0 3.0 Will: Introductory Clause I, Ralph C. Bowersox, a resident of 131 North 27th Street, City of Camp Hill, County of Cumberland, State of Pennsylvania, declare that this is my last will and I revoke any prior wills and codicils. Will: Section 2 Identity of Testator's Family (married with 2 children At the date of this will, I am married to Sylvia Bowersox and all references in this will to "my wife" are to her. I have two (2) sons now living: NAME David G. Bowersox Harry G. Baker RTR TT-TT~ A TR October 30, 1951 June 7, 1943 All references in this will to "my children" include not only the above children, but also any child or children later born or adopted by me. Will: Section 3 Payment of Debts and Expenses I direct that all of my legal debts, the expenses of my last illness and funeral, and the expenses of administering my estate shall be charged against my residuary estate and may be paid in the order and out of those assets of my residuary estate (including the income from my residuary estate) that my executor may deem best. My executor is specifically given the right to renew, refinance and extend, in any form that it deems best, any secured or unsecured debt or charge existing at the time of my death. Under no circumstances shall my executor be required to prepay any debt of mine. The estate, inheritance and similar taxes assessable on my death (including taxes on assets not passing under this will) shall also be paid as a cost of administering my estate and my executor shall not request any beneficiary to pay any part of such tax. WILL OF RALPH BOWERSOX 4.0 Will: Section 4 Gifts of Personalty 4.1 Will: Pecuniary Legacy to Individual I give Five Thousand Dollars ($5,000.00) to James C. Nolte, currently of 2014 Dickinson Avenue, Camp Hill, Pennsylvania, if he survives me. 4.2 Will: Pecuniary Legacy to Individual Shall Not Bear Interest These bequests shall not bear interest from the date of my death until paid. 4.3 Will: Specific Bequests of Personal Property I give my household furniture to my wife, if she survives me. Any cost of packing and shipping this property shall be charged against my estate as an expense of administration. I give my Masonic ring to my son, Harry G. Baker, if he survives me. Any cost of packing and shipping this property shall be charged against my estate as an expense of administration. 4.4 Will: General Bequest of Balance of Tangible Personal Property To My Wife If my wife survives me, I give to her the balance of my tangible personal property including any of the above gifts of tangible personal property that lapse. If my wife does not survive me, these gifts shall lapse and pass as part of my residuary estate. 4.5 Will: Precatorv Gift of Personalty by Written Memorandum I have made, or may from time to time make, a written memoranda in which I request that certain items of personalty be distributed to certain named persons. I urge the beneficiaries of my estate to respect these written requests. 5.0 Will: Section 5 Gifts of Realty 5.1 Will: Specific Bequest of Personal Residence If my wife survives me, I give to her any interest I may have in any real property I own at the time of my death that we then use as my personal residence together with all buildings and improvements on the property and all related WILL OF RALPH BOWERSOX 2 appurtenances, and all related policies or proceeds of insurance. If my wife does not survive me, this gift shall lapse and pass as part of my residuary estate. 6.0 Will: Section 6 Residuary Estate 6.1 Will: Gift of Residuary Estate To My Children and Their Issue I give my residuary estate to my wife if she survives me. If she does not survive me, my executor shall sell all of the property by public sale and distribute the proceeds of the sale (minus the costs of such sale) together with any cash in the residuary estate to the following beneficiaries in the following percentages: Thirty-five percent (35%) to my son, Harry G. Baker; Forty percent (40%) to my son, David G. Bowersox; Five percent (5%) to Karen L. Robinson, my granddaughter, currently of 502 Harrisburg Pike, Dillsburg, Pennsylvania, if she survives me; Five percent (5%) to Joseph Robinson, currently of 502 Harrisburg Pike, Dillsburg, Pennsylvania, if he survives me; Five percent (5%) to Marci Baker, currently of 3419 Canyon Creek Road, Mechanicsburg , Pennsylvania, if she survives me; Five percent (5%) to James D. Baker, my grandson, currently of 3419 Canyon Creek Road, Mechanicsburg, Pennsylvania, if he survives me. Five percent (5%) to Margaret Baker, my daughter-in-law, currently of 416 Darla Road, Mechanicsburg, Pennsylvania, if she survives me. If any child of mine shall predecease me, but issue of such deceased child of mine survives me, the share of my estate that would otherwise pass to such deceased child of mine shall pass, per stirpes and not per capita, to the issue who survive me of the deceased child of mine. If any child of mine is deceased without leaving any surviving issue, no share shall be created on behalf of such deceased child. If any other beneficiary shall predecease me, no share shall be created on behalf of such deceased beneficiary. 7.0 Will: Section 7 Executors 7.1 Will: Naming Wife as Executrix with a Two Substitutes WILL OF RALPH BOWERSOX 3 I appoint my wife, Sylvia Bowersox, as my independent executrix. If she fails or ceases to act, I appoint my son, David Bowersox, as independent executor. If he fails or ceases to act, I appoint my son, Harry G. Baker, as independent executor. 7.2 Will: Compensation for Fiduciary Each fiduciary shall be entitled to reasonable compensation for services actually performed and to reimbursement for expenses necessarily incurred in the administration of my estate or any trust under my will. 7.3 Will: Waiver of Bond for Fiduciary No fiduciary shall be required to give bond in any jurisdiction, unless bond is required bylaw or court rule, which cannot be waived, and in that event no surety shall be required. 8.0 Will: Section 8 Definitions 8.1 Will: Definitions of Fiduciaries The words "executor" and the pronoun "it" in reference to such words always refer to the male or female person or persons or to the institution or to any combination of them then holding the executorship of my estate, the term ancillary fiduciary always refers to my representative of my estate necessary to administer my estate in any jurisdiction other than the jurisdiction in which I am domiciled at my death. Such words also refer to any successor or alternate, including corporations which succeed another by merger, change of name or otherwise, and the appointment of a corporate executor, or ancillary fiduciary shall be deemed to include appointment of a corporate successor. All successor or alternate executors and any ancillary fiduciary shall have the same powers, authorities, obligations and limitations as my original executor or ancillary fiduciary unless other provisions of my will specifically provide to the contrary. The term "my fiduciaries" refer collectively and interchangeably to each and every executor and ancillary fiduciary at any time acting under my will. 8.2 Will: Definition of Adopted Children A person who is under twenty-one (21) years of age when legally adopted shall be deemed the child of his adoptive parent, but this presumption shall not operate to exclude a person as a beneficiary of my estate. A person who is twenty-one (21) WILL OF RALPH BOWERSOX 4 years of age or older when legally adopted shall not be deemed the child of his adoptive parents. 8.3 Will: Definition of Tangible Personal Property The term "tangible personal property" includes any insurance policies on any tangible personal property, and the proceeds of such policies, but excludes cash and items of intangible personal property, even if represented by any tangible documentation of ownership, and also excludes tangible personal property used by me in a trade, business or profession or held by me as an investment unless other provisions of my will specifically provide to the contrary. 8.4 Will: Definition of Residuary Estate The term "residuary estate" means all property in which I may have any interest (including lapsed gifts), which is not disposed of other than by the Section entitled "Residuary Estate". Any power of appointment which I have shall not be exercised by such Section. 8.5 Will: Definition of Beneficiaries Unless the context indicates otherwise, the word "beneficiaries" means any beneficiary then eligible to receive distributions. If any beneficiary is a minor or under a disability irrespective of whether legally so adjudicated, then the parent, guardian, conservator, or person with whom the beneficiary resides shall act for the beneficiary for all purposes. 8.6 Will: Definition of Issue The term "issue" means the 1-awful blood descendants in any degree of the ancestor designated and includes adopted children as above described. 9.0 Will: Section 9 Presumptive Order of Deaths For all purposes of this will, if any beneficiary dies within sixty (60) days after my death, such person shall be deemed to have predeceased me. 10.0 Will: Section 10 General Provisions and Powers WILL OF RALPH BOWERSOX 5 10.1 Will: Powers In addition to those powers now or subsequently conferred by law, this grant shall include without limitation the following powers, all of which maybe exercised without the necessity of securing the approval or order of any court: (1) to acquire, by purchase or otherwise, retain, invest, reinvest and manage, temporarily or permanently, any realty or personalty, without diversification as to kind, amount or risk of nonproductivity and without limitation by statute or rule of law; (2) to alter, improve, repair, replace, abandon and demolish assets; (3) to sell, exchange, encumber, lease for any period, or otherwise dispose of any asset of my estate, publicly or privately, with or without notice, wholly or partly for cash or credit, without appraisal, and to give options for those purposes; (4) to advance or borrow money, to hold, mortgage and pledge property for the repayment of same, and to renew and extend, any secured or unsecured debt or charge; (5) to purchase from, borrow from, sell to, and generally to deal with themselves individually and as a fiduciary of any estate, or with partnerships, corporations and financial and business organizations in which they may own an interest; (6) to continue, invest in, or liquidate any partnership, corporation or business in which I may own an interest; (7) to abandon, compromise, contest and arbitrate claims; (S) to hold title in the name of the nominee; (9) to make distributions in kind, in money or partly in each, without requiring prorata distributions of specific assets and without regard to differences in tax bases of any such property, at fair market value on the date of distribution; (10) to carry out the terms of any valid agreement which I may have entered into during my lifetime concerning property which I may own at my death; and (11) to determine all matters of estate accounting in accordance with generally accepted principles of estate accounting as established by controlling law or customary practices. 10.2 Will: Effect of Inoperative, Invalid or Illegal Provision If any provision of this will or of any codicil thereto is held to be inoperative, invalid, or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective as far as is possible and reasonable. 10.3 Will: Headings The headings above the various provisions of this will have been included only to make it easier to locate the subject covered by each provision and are not to be used in construing this will or in ascertaining my intentions. 10.4 Will: Number and Gender Defined WILL OF RALPH BOWERSOX ~ 6 As used in this will, whenever the context so indicates the masculine, feminine, or neuter gender, and the singular or plural number, shall be deemed to include the others. 10.5 Will: Funeral Arrangements I wish to be cremated and my remains disposed of as directed by my executor. 11.0 Will: Section 11 Testimonium Clause I, Ralph Bowersox, in the presence of ~~ ~-~y C ~ ~~ ~ and rt' ~~ R A ~ l~. - (Z C~ ~ and t~ ~ ~ ~ ~ L - ~. c 3 }-~ hereby sign my name to this will on this the %d day of , 2008. 12.0 Will: Section 12 Attestation Clause We, the undersigned persons, of lawful age, declare that the foregoing instrument was signed, published, and declared by Ralph Bowersox, the above named Testator, as his last will, in our presence, and we, at his request, and his presence and in the presence of each other, have subscribed our names to this instrument as attesting witnesses on the day and year last above written; and we certify that, in our opinion, the said Testator is of sound and disposing mind. WITNESS: ~, ADDRESS: ~t - '~ ennsylvania ~ `7C~ ~~J ~5R ~} ennsylvania ~ ~ O ~ ~- 13.0 Will: Section 13 Self-Proving Affidavit THE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared Ralph Bowersox, --~ /L`~ CU ~2T (~ ,and .~. ~ 2 ~ G-~ known WILL OF RALPH BOWERSOX 7 to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said Ralph Bowersox, testator, declared to me and to the said witnesses in my presence that said instrument is his will, and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and that said witnesses, each on his or her oath stated to me, in the presence and hearing of the testator, that the said testator had declared to them that said instrument is his will, and that he 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 they did sign the same as witnesses in the presence of the said testator and at his request; that he was at that time eighteen (18) years of age or over and was of sound mind; and that each of said witnesses was then at least eighteen (18) years of age. ~~.~~ Testator, p owersox r Print name witness ~~ fl~P~~i C:..~ (•~'~[~ Print name of witness .~ A~ 1 ~,~~~ ~ SUBSCRIBED AND ACKNOWLEDGED BEFORE ME by the said Ralph Bowersox, testator and subscribed and sworn to before me by the said a and r,A~ for ~ ~ , Witnesses, this ~a~ day of , 2008. My Commission Expires: Notary Public in II County, Pennsylvania For the State of Pennsylvania Nor~-atA~ sE~~ DE8R,1. L IfSHAK Notary pUIJiiC i1NATARA TWP, UAUpHIN CoUNrY ~y COITttt'tISSIOr~ EXp~IeS AC~r '• K 9"11 WILL OF RALPH BOWERSOX 8 CONSENT TO PETITION TO PROBATE A COPY OF A LOST WILL THE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND THE UNDERSIGNED Affiant, being duly sworn, states to the best of her knowledge as follows: 1. Affiant Sylvia Bowersox, Decedent's wife, a resident of Cumberland County, Pennsylvania and over eighteen (18) years of age hereby provides consent to the Petition to Probate a Copy of Lost Will of Ralph C. Bowersox signed by my son, Harry G. Baker and hereby declares under penalty of perjury under the laws of the Commonwealth of Pennsylvania that the following is true and correct to the best of my knowledge: 2. Affiant is the owner of the premises located at 131 North 27th Street, Camp Hill, Pennsylvania 1701 1. 3. Decedent, Ralph C. Bowersox, died testate on December 23, 2008. Decedent was domiciled at death in Cumberland County, Pennsylvania with his last known principal residence at 131 North 27th Street, Camp Hill, Pennsylvania 17011. Decedent died at 131 North 27th Street, Camp Hill, Pennsylvania 17011. Decedent's social security number was 175-10-9627 and he was 89 years of age at death. The total estimate value of Decedent's estate is one hundred seventy- five thousand dollars ($175,000.00), which estate solely consists of decedent's Pennsylvania real estate situated at 131 North 27th Street, Camp Hill, Pennsylvania 17011. 4. I kept the Decedent's Will and copies of the Decedent's Will at our personal residence located at 131 North 27th Street, Camp Hill, Pennsylvania. I later moved to an assisted living f ility in Mechanicsburg, Pennsylvania, where I currently reside.. uri tl~e~~location to my location, Decedent's Will was lost. -~~. ~~ By: ~ ;1 ~~ y ~~~ Print Name: Sylvia Bowersox SUBSCRIBED AND ACKNOWLEDGED BEFORE ME by the said Sylvia Bowersox. Witnesses, this ~ day of ,5~~~-~ 6c°-~ , 2012. Not ry Public in ~~.~„ ~r,~"~,,.~~'County, Pennsylvania for the State of Pennsylvania co1VII~ior~wEaLTH of PENt~tSYLVAIJIA My Corr~mission Expires: Nam '~ ~. SEAL John ~ ;: ~ ...:Mary Public t,.~,ti,,, L..~;~ :. , , " _:~,.~~~rland County " ~~r cOTT'iiTlt,5iitii ex Tres Match 25, 2014 Consent to Petition to Probate a Copy of the Lost Will of Ralph C. Bowersox ~KtH3~T C CONSENT TO PETITION TO PROBATE A COPY OF A LOST WILL TI-IE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND THE ~~ND~RS~GNEB- Affiant, being duly sworn, states to the best of his knowledge as follows: Affiant David G. Bowersox, Decedent's son, a resident of 205 St. Albans Court, Chester Springs, Pennsylvania and over eighteen (18) years of age hereby provides consent to the Petition to Probate a Copy of Lost Will of Ralph C. Bowersox signed by my brother, Larry G. Baker and hereby declares under penalty of perjury under the laws of the Commonwealth of Pennsylvania that the following is true and correct to the best of my knowledge: 2. Decedent, .Ralph C. Bowersox, died testate on .December 23, 2008. Decedent was domiciled at death ir. Cumberland County, Pennsylvania with his last known principal residence at 31 North 271}i Street, Camp I-Till, :Pennsylvania 17011. Decedent died at 131 North 271h Street, Camp Flill, Pennsylvania 17011. Decedent's was 89 years of age at death. Print Name: David G. Bowersox SUBSCRIBED AND ACKNOWLEDGED BEFORE bye said David G. Bowersox. `vVitnesses, this day of ~~ ~1 ~~~---~ - , ~.~----- , 201 ?. Notary Public in State of Pennsylvania My Commission Expires County, Pennsylvania for the Cp~MONWEALTH ~F Pf1~INSYLVANIA ~ NC7TARIAL SEAL i AR'i'HUR M RQSENBAiJM, NOrTARY PUBLtC T'REDYI7FRIN T'WP, CHESTER COUNTY MY COMiMISSION EXPIRES SEP 30, 2012 Consent to Petition to Probate a Copy of the Lost Will of Ralph C: Bowersox