HomeMy WebLinkAbout04-20-05
Estate of Wf\. RR r:.-N r. MQ"'E.L..
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
21-05 - 03(P 8'
No.
To:
Register of Wills for the
County of C VM h~:Al1lt.1~ in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. \ 1 q - }4-i b 1/
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the executor.s
in the la~t.wi1l of he above decedent, dated D ec.~ ~'r \ q \ q 'l "-
and COdlClls(s) dated 'f.J ~ J
named
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(state relevant circumstances, e.g. renunciation, death of executor, etc.)
County, Pennsylvania, with
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Decedent, then ~ a.r years of age, died
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Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: No exceptions
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Decedent at death owned property with estimated vales 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: 1Qa \)",\I=;"-lrW'Y'\
"'\ ~ D J (f:,()()
$
$
$
$
VvTMEREFOItE, pditiuut:I{S) It:spt:dfully It:yut:sl(s} tlIt: pIUbalt: uf elIt: last will aud l,;udil,;il(s)
presented herewith and the grant of letters Testamentary
thereoIl1' (testamentary; administration c.t.a; administration d.b.n.c.t.a.)
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OATH OF PERSONAL REPRESENT A TIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CU ftIB~P-I-.Ms'O
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The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best ofthe knowledge and belief ofpetitioner(s) and that as personal representative(s)
of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this ZO day of
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PEN
COUNTY OF CUMBERLAND
Swom to or affirmed and subscribed
Before me this
E..L, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~L ZD 2005, in consideration of the petition ofith~~everse s:
proof having been presented before me, IT IS DECREED that the instrument(s), dated -J
, described therein be admitted to probate filed of record as the last will of
; and Letters are hereby granted to 1T)DD 6. ~E.L
en
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Register of Wills .~ Y'm
FEES
Probate, Letters, Etc. ............. $
Will ............................ ..... $
Renunciation....................... $
Short Certificates (4) ............ $
JCP.................................. $
Automation Fee.. .. .. .. . .. . .. . .. .. $
Bond...... ..... ...... .... ............ $
Total ~ $ 3~O'() 0
Filed-.APRt L 2D 2005
",to .00
/5.00
W.OO
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Attorney (Sup. Ct. I.D. No.)
Address
Phone
c:\WP60\WILLS\MOGELW AR.WIL
DECEMBER 12,1996
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LAST WILL AND TESTAMENT
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OF
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WARREN F. MOGEL
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I, WARREN F. MOGEL, of 7 West Winding Hill Road, Mechanicsburg, Pennsylvania,
17055, being of sound and disposing mind and memory, do hereby make, publish and declare this
for and as my Last Will and Testament hereby revoking any and all Wills or Codicils by me at
any time heretofore made.
ITEM I -
I am married to JEAN L. MOGEL, and all references to my wife in this
Will are to her. I have three children: TODD S. MOGEL, JILL E. MORELL and ROBERT W.
MOGEL, and they are described in this Will as "my children".
ITEM II -
I give my tangible personal property and all insurances thereon to my wife,
JEAN L. MOGEL, or if my wife does not survive me, I give my said property to my children
who are living at my death to be divided equally among them as they determine or if they are
unable to agree, as my Executor shall determine, after consulting the wishes of my children. I
have complete confidence that my wife or my Executor will honor any written instructions that
I may leave with regard to said tangible personal property. Any such property not so distributed
should be sold and the proceeds (l~ded to my residuary estate and pass as hereafter described.
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ITEM III - All the rest, residue and remainder of my Estate, real, personal and mixed
I give to the Trustee of the Trust created under a Trust Agreement dated December I?
1996, by and between me, WARREN F. MOGEL as Grantor and WARREN F. MOGEL, as
Trustee, to be held, administered, and distributed pursuant to the provisions of that Trust
Instrument as a part of the Trusts created thereby.
ITEM IV - If my wife and I should die under such circumstances as would render it
doubtful whether my wife or I died fIrst, then it shall be conclusively presumed for the purposes
of this my Will that my wife predeceased me.
ITEM V - I name as my Co-Executors, my son, TODD S. MOGEL and my daughter,
TILL E. MORELL. In the event my son Todd and daughter Jill predecease me, or in the event
they refuse to accept the appointment, I name my son, ROBERT W. MOGEL, as Executor of
my Last Will and Testament.
(1) I give to my Executor-Executrix named in this Will or any Codicil
hereto or to any substitute Executor-Executrix the power to sell real estate and all of the powers
now applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular to
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the Pennsylvania Probate Estates and Fiduciaries Code as effective and in effect on the date hereof
during the administration and until the completion of the distribution of my Estate.
(2) In determining the Federal Estate and income tax liabilities of my
Estate, my Executor-Executrix 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 and shall have the discretion to me
a joint income tax return with my wife.
(3) If there be any property located outside the Commonwealth of
Pennsylvania, in which I may have an interest at the time of my death, which cannot be
conveniently administered as provided herein, then I authorize, but do not require, my Executrix-
Executor to appoint a Bank or Trust Company with trust powers, to administer such property
according to the terms of this Will.
ITEM VI - No interest of any benefIciary under this Will, or any Codicil hereto, shall
be subject to anticipation or to voluntary or involuntary alienation.
ITEM VII - All estate, inheritance, succession and other death taxes imposed or payable
by reason of my death and interest and penalties thereon with respect to all property comprising
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my gross estate for death tax purposes, whether or not such property passes under this Will, shall
be paid out of the residue of my estate, after collecting from my Trustee(s) of my Revocable
Trust, the share of such taxes applicable to the assets of my Revocable Trust, as if such taxes were
expenses of administration. I authorize my Executrix-Executor to pay all such taxes at such time
or times as deemed advisable.
ITEM VIII - Wherever appearing herein, masculine terms shall be understood to be
feminine and feminine terms shall be understood to be masculine, singular terms shall be
understood to be plural and plural terms shall be understood to be singular, all as the context may
require.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this , 7 day of
December 1996.
~~J~
WARREN F. M EL
Witnesses:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (U1I7/;-t;J!u.t(
SS:
WE, WARREN F. MOGEL,
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, and
, the Testator and the witnesses, respectively,
whose names are signed to the attached or foregoing will, being rust duly sworn, do hereby
declare to the undersigned authority that the Testator signed and executed the instrument as his
Last Will and Testament and that he had signed willingly (or willingly directed another to sign
for him), and that he executed it as his free and voluntary act for the purposes therein expressed,
and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as
witness and to the best of his or her knowledge the Testator was at the time eighteen (18) year of
age or older, of sound mind, and under no constraint or undue influence.
~~,~
WARREN F. M GEL, T tor
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WITNESS
Subscribed, sworn to, and acknowledged before me by WARREN F. MOGEL, the
Testator, and subscribed and sworn to before me by tkt!U 6J ;0#:.J~L}/ , and
tlC/7tud (' If't//.4Y . witnesses, this /9:f17 day of December, 199 .
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