HomeMy WebLinkAbout04-01-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of MARY K. KOSER
Deceased
No.
To:
s2::1 - oS - ,~ti1
Register of Wills for Cumberland County,
Pennsylvania
Social Security No. 208-42-5682
The Petition of the undersigned respectfully represents that:
Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will and
Testament of the above decedent, dated March 4,2003
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her principal residence
at 1671 Trindle Road, Carlisle, Middlesex Township, Cumberland County, Pennsylva(lia.
Decedent, then 90 years of age, died February 25, 2005, at Carlisle Regional MedicafCenter,
Carlisle, Pennsylvania. I
Except as follows, decedent did not marry, was not divorced and did not have a childbcim oiadopted
after execution of the will offered for probate; was not the victim of a killing and was Ilever adjudicated
. ....i ,-
Incompetent: N/A. en
Gi-~I
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows: 1671 Trindle Road, Carlisle, P A 17013
$
$
$
$
$ 140.000.00
Total $ 140,000.00
WHEREFORE, Petitioners respectfully request the probate ofthe Last Will and Testament presented
herewith and the grant ofletters TESTAMENTARY thereon.
~t'/' ~/U
Carl E. Koser
159 Cold Springs Road
Carlisle, P A 17013
qmM-J(A)~~)
Doris J. er
1422 Bradley Drive
Carlisle, P A 17013
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA )
~//!~
Robert L. Koser
1347 West Trindle Road
Carlisle, P A 17013
SS
COUNTY OF CUMBERLAND
)
Sworn to or affirmed 'YIP subscribed
@ before me this~::'day of
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~ CZr. ~ster
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The Petitioners above-named swear or affirm that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of Petitioners and that as personal representatives of the
above decedent Petitioners will well and truly administer the estate according to law.
~J;~gol/~-
Carl E. Koser, Co-Executor
g~~
Doris J. Wa , Co-Ex c or
~~ / ~~
Robert L. Koser, Co-Executor
NO.);l\ -()5 -361
Estate of Mary K. Koser, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW p.~. \ \ ,2005, in consideration ofthe petition on the
reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument dated March 4, 2003 described therein be admitted to probate
and filed ofrecord as the last will of Mary K. Koser; and Letters Testamentary are hereby granted
to Carl E. Koser, Doris J. Wagner and Robert L. Koser.
~~~E~ 5.00.
Probate, Letters, Etc. ........... $21dJ IT)
Short Certificate(s) ............. $ 1/ on:e>
Rvu~.,,;a{i8nll.).\.\\.............. $ 16. cO
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Sean M. Shultz, Esquire
Attorney J.D. No. 90946
II Roadway Drive, Suite B
Carlisle, Pennsylvania 17103
(717) 249-5373
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1'hi, is to certify that the ,informati.on here given is correctly copied from an original certificate of death duly filed with me
Local RegIStrar. The onglOal certIfIcate wIll be forwarded 10 the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
as
Fee for this certificate. $6.00
P 11330119
No.
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CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT
OF
MARY K. KOSER
I, MARY K. KOSER, of 1671 Trindle Road, Cumberland County, Peunsylvania, being of
sound and disposing mind, memory and understanding, do make, publish and declare this to be my
Last Will and Testament, hereby revoking and making void all previous Wills and Codicils
heretofore made by me.
I
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. In do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath the rest, residue and remainder of my estate, together with all
insurance proceeds thereon of whatever nature and wheresoever situate in equal shares and per
stirpes to my children, CARL E. KOSER, of 159 Cold Springs Road, Carlisle, Cumberland County
Pennsylvania, DORIS J. WAGNER, of 1422 Bradley Drive, Carlisle, Cumberland County,
Pennsylvania and ROBERT L. KOSER, of1347 West Trindle Road, Carlisle, Cumberland County,
Page 1 of 6
LAST WILL AND TESTAMENT OF MARY K. KOSER
Pennsylvania. I am specifically excluding my husband, PAUL E. KOSER, from this my Last Will
and Testament as I have provided for him in many other ways during our wonderful life together.
3
I grant my Executor the following powers in addition to and not in limitation of such powers
as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule oflaw in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
Page 2 of 6
LAST WILL AND TESTAMENT OF MARY K. KOSER
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
4
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assigmuent, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
Page 3 of 6
LAST WILL AND TESTAMENT OF MARY K. KOSER
5
I nominate, constitute and appoint my children, CARL E. KOSER, DORIS J. WAGNER
and ROBERT L. KOSER, as Co-Executors of this my Last Will and Testament. I direct that my
personal representative shall not be required to give or post bond for the faithful performance of her
duties in this or any other jurisdiction.
6
I hereby declare it to be my express desire that my personal representative employ the law
firm of Hanft & Knight, P.C., of Cumberland County, Pennsylvania, for legal advice and assistance
regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views
and wishes respecting any matters that may arise at the probate ofthis instrument, the administration
of my estate, and the execution of the powers herein mentioned. Any mention of Hanft & Knight,
P.C. in this my Last Will and Testament, is my free and voluntary act and through no influence by
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this ~ tt.. day of March, 2003.
lfttppHJ-
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Jllf.K:I /VI..-'
.
Page 4 of 6
LAST WILL AND TESTAMENT OF MARY K. KOSER
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, Mary K. Koser, the Testatrix whose name is signed to the attached or foregoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free
and voluntary act for the purposes therein expressed.
~~M/
Mary . Ko '
Sworn or affirmed and acknowledged before me by Mary K. Koser, the Testatrix, this A -t~
. day of March, 2003.
NcIBrtaI5eeI
Daly M. HouSllI. NoIIlIY P\dC
Scdh MidlIeIO'I Twp.. c..nbllo1end CoortY
My 0..,. ,.iSSIOn EllpInlB sep. 24, 200ll
Member. f'em8)1varia Ass<X;Ioolkln 01__
Page 5 of 6
LAST WILL AND TESTAMENT OF MARY K. KOSER
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
WE, ,uC~ :r: #~F7 and 0'10,,'''1 (Y\. f('\ CB ,the
!
witnesses whose names are attached to the foregoing document, being duly qualified according to
law, do depose and say that we were present and saw Mary K. Koser sign and execute the instrument
as her Last Will and Testanlent; that she signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and
sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our
knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
/~'/ZIP
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Sworn or affirmed and subscribed before me by M I C"{.,,(7I'r. .:r. tI~Ff"' and
\110.,) ['YI P r ,'C e this If Tlf day of March, 2003.
NalllrialSeaI
Daly M. HouSel, Nolary Nic
SOOh Mid<IelOO Twp., C\JnbOIIlIIld ColIlIY
My (:u,.,lssiOO ElqjIe8 Se\:L 24, 2006
Member. PemsytvanIa AssocIaIiOn Of NoIarieS
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Page 6 of 6