HomeMy WebLinkAbout03-24-05
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IN RE: IN THE COURT OF COMMON PLEA.~
ESTATE OF MARY E. KOPPENHEFFER CUMBERLAND COUNTY, PENNSytVANIj(:
ORPHANS COURT DIVISION
NO. 2005-0051
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PETITION TO REVOKE LETTERS OF
TEST AMENT ARY
AND NOW, this 1 ih day of March 2005, comes Winifred E. Kivler, and
Gary J. Koppenheffer, by the attorney for the estate, Diane M. Dils, Esquire, and
respectfully avers the following:
1. Your Petitioner, Winifred E. Kivler, is an adult individual currently
residing at 1308 Country Lane, Dauphin, Pennsylvania 17018.
2. Your Petitioner, Gary J. Koppenheffer, is an adult individual currently
residing at 4330 LaVale Street, Clemmons, North Carolina 27012.
3. Your Petitioners are named Executors in the Last Will and Testament of
their mother, Mary E. Koppenheffer. See Exhibit "A" attached hereto and
made a part hereof by reference.
4. The Testatrix, Mary E. Koppenheffer, died January 16,2005.
5. Your Petitioners appeared in the office of the Register of Wills of
Cumberland County, Pennsylvania, on January 19, 2005, and filed a
Petition to probate as a result of the Last Will and Testament of the
deceased.
6. Certificate of Grant of Letters were issued on January 19, 2005, by the
Register of Wills of Cumberland County. See Exhibit "B" attached hereto
and made a part hereof by reference.
7. The Executor, Gary 1. Koppenheffer, resides in the State of North Carolina
and it is inconvenient for him to be named as Executor of his mother's
estate.
8. Attached hereto and marked Exhibit "C" is a Renunciation form executed
by Gary 1. Koppenheffer, duly notarized, wherein your Petitioner, Gary 1.
Koppenheffer, hereby renounces his appointment as Executor and through
said Renunciation and this Petition, respectfully requests that Winifred E.
Kivler be named as the Executrix of the estate of Mary E. Koppenheffer.
9. Your Petitioner, Winifred E. Kivler, hereby accepts the appointment as
Executrix solely, and by executing this Petition acknowledges the same.
10. Your Petitioners, Winifred E. Kivler and Gary J. Koppenheffer,
respectfully request your Honorable Court to revoke the Letters of
Testamentary issued January 19,2005.
II. Upon approval by your Honorable Court, the Executrix, Winifred E.
Kivler, will file a revised Petition to Probate with the Register of Wills and
request that new Letters of Testamentary be issued naming her as Executrix
of the estate of Mary E. Koppenheffer.
WHEREFORE, your Petitioners, Winifred E. Kivler and Gary 1.
Koppenheffer, by the attorney for the estate, Diane M. Dils, Esquire, and
respectfully prays your Honorable Court to grant said request.
Respectfully submitted,
/---
iane M. Di s, Esquire
1017 North Front Street
Harrisburg, P A 17102
(717) 232-9724
LD. No. 71873
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LAST WILL AND TESTAMENT
OF
MARY E. KOPPENHEFFER
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I, MARX E. KOPPENHEFFER, presently residing anil~~icdJ-ed'"J~-
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the Borough of Halifax, Dauphin County, pennSYlvani~~~~~la~~ t~~~~
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to be my Last Will and hereby revoke all wills WhlChTrhave pre~'-' ~'::'-l
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viously made.
ITEM I:
I appoint my daughter, Winifred E.
Kivler, and my son, Gary J. Koppenheffer, or the survivor of them,
as Executors of my estate.
ITEM II:
I give the residue of my estate, of
whatever nature and wherever situate, in equal shares to my childr !
Winifred E. Kivler, Miriam N. Keefer, Joanne F. Shomper, Dorothy J
Daniel, and Gary J. Koppenheffer. If any of my children should
predecease me leaving issue (whether born or adopted) to survive m
death, the issue shall receive the parent's share, per stirpes.
If any of my children should predecease me without leaving issue t
survive my death the share of the child so dying shall be distri-
buted in equal shares among my children who survive my death, or
their issue then living, per stirpes, as the case may be.
ITEM III:
I direct that all taxes that may be
assessed in consequence of my death, of whatever nature and by
whatever jurisdiction imposed, shall be paid from my residuary
estate as a part of the cost of administration of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand this FI'0
day of
tc~
1979.
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The preceding instrument, consisting of this typewritten page, was;
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on the date thereof signed, published and declared by MARY E.
KOPPENHEFFER, the testatrix therein named, as and for her Last Wil
in the presence of us, who, at her request, in her presence and in
the presence of each other, have subscribed our names as witnesses
hereto.
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REGISTER OF WILLS
CUMBERLAND County, Pennsylvania
CERTIFICATE OF GRANT OF LETTERS
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No. 2005-00051 PA No. 21-05-0051
Es ta te Of: MARY E KOPPENHEFFER
(First, Middle, Last)
Late Of:
LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Securi ty No: 183-07-9066
WHEREAS, on the 19th day of January 2005 an instrument dated
June 14th 1979 was admitted to probate as the last will of
MARY E KOPPENHEFFER
(FirSI, Middle. LasrJ
la te of LOWER ALLEN TOWNSHIP, CUMBERLAND County,
who died on the 16th day of January 2005 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, GLENDA FARNER STRA SBA UGH Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
WINIFRED E KIVLER and GARY J KOPPENHEFFER
who have duly qualified as EXECUTOR(RIX)
and have agreed to administer the estate according to law, all of which
fully appears of record in my office a t CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 19th day of January 2005.
Jj{ Q flrl a -~OJ.J Q^ ~~QAlr'lI) 1 dL->
eglster 0 I S
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Deputy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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Register of Wills of Cumberland County
RENUNCIATION
Estate of Mary E. Koppenheffer
Also known as
No. 2005-00051
, deceased
To the Register of Wills of Cumberland County, Pennsylvania
The undersigned Gary J. Koppenheffer D Son Executor
(Name) (Relationship) (Capacity)
of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Testamentary
be issued to Winifred E. Kivler
Witness my/our hand(s) this & day of fl=8f(J;lfJ/2..,1/ ,20 tJS
Affinned and SUb~ibed before me this
~$aYOf i>bWO
MQYlicll. D.~-Ii'\ttk<.r
Notary Public
My Commission Expires:
to \ '2-\ \ 2lXfl
4330 LaVal _, Clemmons, NC 27012
C!-Ot/ff (Address)
J{ooflJ ~ Wafuv
Or
(Address)
Affirmed and subscribed before me this
_ day of
(Signature)
Register of Wills
(Address)
Deputy
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission)
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VERIFICA TION
I verify that the statements made in this Petition are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
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Date: /1Ji?~ cA / j- O? 0 (\ 0
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VERIFICATION
I verify that the statements made in this Petition are true and
correct I understand that faise statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
W~IF~~E. ~IV~
Date: 17l/l./!.cA /J JcJoS-
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CERTIFICA TE OF SERVICE
I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the
within Petition has been served upon the following individuals by first class,
United States mail, postage prepaid, by depositing same at the post office in
Harrisburg, Pennsylvania, on the I ih day of March 2005, addressed as follows:
Winifred E. Kivler
1308 Country Lane
Dauphin, PA 17018
Gary J. Koppenheffer
4330 LaVale Street
Clemmons, NC 27012
Respectfully submitted,
Diane M. . ils, Esquire
1017 North Front Street
Harrisburg, P A 17102
(717) 232-9724
LD. No. 71873
Date: March 23, 2005