HomeMy WebLinkAbout01-02-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: Winifred G.Powless File No: f - iA - 3
a/k/a: Winifred Louise Powless (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: December 16,2014 Age at death: 84
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 50 Greenfield Drive,Carlisle,PA 17015 South Middleton Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Carlisle Ree onal Medical Center South Middleton Township Cumberland Pennsylvania
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania.... .. . . .. .. ................ All personal property $ 100,000.00
If not domiciled in Pennsylvania. .. ... . .. . ....... . ...... Personal property in Pennsylvania . $
If not domiciled in Pennsylvania. . . .. . . . .. .. ... . ... .... . Personal property in County $
Value of real estate in Pennsylvania.... . . .. . . .. ... .. . .... . ........ . ..... ... . .... . .. ....... . . $ 150,000.00
TOTAL ESTIMATED VALUE. ... $ 250,000.00
Real estate in Pennsylvania situated at: 50 Greenfield Drive,Carlisle,PA 17015 South Middleton Township Cumberland
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated April 18,2000 and Codicil(s)
thereto dated N/A. John W.Powless died August 24,2010. A copy of death certificate is attached. e Renunciation of Amy
P.Metzger is filed herewith. Carole McCreary,a subscribing witness moved to California aner whereabouts are own.
State relevant circumstances(e.g.renunciation,death of executor,etc.)
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
O NO EXCEPTIONS YEXCEPTIONS
® B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite, durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.ta., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined,
in 23 Pa.C.S.§ 3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
O NO EXCEPTIONS O EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets, if necessary):
Name Relationship Address
C= t rt
M N i tl
S ] tV ("' rT1
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Todd F.Powless 109 School Field Drive,Carlisle,Pennsylvania 17013
The Petitioner(s)above-named swear(s)or affum(s)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 Deced l the P``eti��tio will well and truly administer the estate according to law.
Sworn to or Nafrmed and subscribed before + T- Date a 1
me "8a of ,1 y Date
By( Date
For the Register Date
BOND Required: Q YES (1) NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ V Attorney Signature:
( a ) Short Certificate(s). . . . . .
( ' )Renunciation(s).. . . . . . . . l�rl
( )Codicil(s). . . . . . . . . . . . . Liu,
( )Affidavit(s).. . . . . . . . . . . ry
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Robert G.Frey
Commission. . . . . . . . . . . . . . . . . . Supreme Court p Ci
46397 o
Other . . . . . . . ID Number: = -- -
1y
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F` Firm Name: Frey&Tiley r tit ry
. . . . . . Address: 5 South Hanover Street: Un 3 r-, <D
Carlisle,PA 17013 -Tt
; : ry M
717-243-5838 - �
. . . . . . . Phone: _.� ►—a � p
Automation Fee. . . . . . . . . . . . . . . Fax: 717-243-6441 —" --J
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: rfrey@freytiley.com
TOTAL. . . . . . . . . . . . . . . . . . . . .
DECREE OF THE REGISTER
Estate of Winifred G.Powless File No: = ' Ur,(�,
a/k/a:
AND NOW, o_ o'<� , in consideration of the foregoing Petition,
satisfactory proofiaving been pr ented before me,IT IS DECR E that Le rs Testamentary
e.hereby granted to = cl� �C0{� _
.in the above estate and(if applicable)that
the instrument(s) dated April 3,2012
described in the Petition be admitted to probate and filed of record as the last Will (and Co(ficil(s)) of Decedent.
do
Register of Wills
2
RENUNCIATION
C= rn
CUMBERLANDREGISTER OF WILLS
COUNTY, PENNSYLVANIA
�
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m
Winifred G.Powless,also known as Winifred Louise Powless
Estate of DKeased
I, Amy P.Metzger in my capacity/relationship as
(Fi�nl Name)
named executrix/daughter of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Todd F.Powless'
December 2R,2014
(Date) (Signature)
111d
1 Z-7
(Street Address)
(City,State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
of that he or she executed the renunciation for the
purposes stated within on this Q I day
Of (DOC enNhox 0—)()1(A
Deputy for Register of Wills Notary Public
My Commission Expires:S-qL-1'�-
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Form RW-06 rev.10.13.06 Sandra Kaufman, Notary Public
Cranberry Twp., Butler County
My Commission Expires Match 7,2017
OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Winifred G. Powless , Deceased
Robert G. Frey and
(each)being duly qualified according to law, depose(s) and say(s)that she/he/they was/were well-
acquainted with Winifred G. Powless and am/are familiar
with the handwriting and signature of the decedent, and that the signature of Winifred G. Powless
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
Winifred G. Powless is in his/her own proper handwriting.
(Signature) (Signature)
5 South Hanover Street
(Street Address) (Street Address)
Carlisle, PA 17013
(City,State,Zip) (City,State,Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of c7 , �
co �'` ��
rn
4epu"tyyfor Register of Wills
a _J ry rte- rn
Form RW-04 rev.10.1:.06
ry
c "o rn
OATH OF SUBSCRIBING WITNESS(ESg � 2 p
r 1c:y
rn ry M M
REGISTER OF WILLS
CUMBERLAND
COUNTY, PENNSYLVANIA`' ( �, '_Tj_-3 .,�-t 11
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Estate of WINIFRED G. POWLESS , Deceased'
Robert M. Frey
(each) a subscribing witness to
(Print Names)
the 2 Will ®Codicil(s) presented herewith, (each)being duly qualified according to law, depose(s) and
say(s) that she/he/they was/were present and saw the above Testator/Testatrix sign the same
and that she/he/they signed the same and that she/he/they signed as a witness at the request of
the Testator/Testatrix in her/his presence and in the presence of each other.
(Signature) (Signature)
5 South Hanover Street
(Street Address) (Street Address)
Carlisle, PA 17013
(City,State,Zip) (City,State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and Subscribed
before me this day before me this 2 h day
of of 7s�
Deputy for Register of Wills No ary Public
My Commission Expires:
(Signature and Seal of Notary or other official qu ed to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization.
COMMONWEALTH OF PENNSYLVANIA
Form RW-03 rev. IO.13.06
NOTARIAL SEAL
ROBERT G.FREY,Notary Public
Borough of Carlisle,Cumberland County,PA
My Commission Expires June 27,2018
i
LAST WILL AND.TESTAMENT
OF
WINIFRED G: POWLESS c
1
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I,,WINIFRED G. POWLESS,of North Middleton Township (mailing add;&p 9HW'rs",
Louther Street, Carlisle, PA: 1.7013), Cumberland County, Pennsylvania, bei e'gfjsoi�li ana r
" disposing mind, memory and understanding, do hereby make, publish and dedkertl%is as and
Last Will and Testament hereby revoking-and"and makin void any.and all Will e`
Cd-
my Y g g y s by-an��at tirrie � a
heretofore made.
I. I direct my hereinafter named Executor or Executrix to.pay all ofjustdemos a>a o
funeral iexpenses as"soon after�my'death as may be found convenient-to do 49' I•,direct-fhat all
inheritance, transfer, `succession, estate and death taxes which may be payable on account of my
death shall be paid from the residue of my estate regardless of whether the assets upon which such.
taxes are based are included in my probate estate.
2. I direct that my funeral services be conducted by Hoffman Roth Funeral Home, 219
North Hanover Street, Carlisle, Pennsylvania and that my body be interred on my burial lot located
in Westminster Memorial Gardens, in North Middleton Township near the Borough of Carlisle. I
bri Bio, to the attention of my Executor that I intend to make arrangements with Hoffman Roth
Funeral Home for the type services which I desire, and note that the grave marker has already been
` placed at my burial lot and that I have prepaid for two burial vaults but have not prepaid for caskets.
3. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate,I give, devise and bequeath to my husband,John W.Powless,
to the exclusion of my children,born and unborn,provided my.said husband, shall survive me by a
period of ninety (90) days.
4. Should my said husband, John W. Powless,predecease me or fail to survive me by the
aforesaid period of ninety,(90)days, then in such event all of the rest, residue-and remainder of my
estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and
bequeath as follows:
a. If at the time of my death I. a.m the sole owner of any of the items that I have Listed
on a separate writing which is signed by me and placed with this Last Will and Testament,I direct
that each item still owned by me at the time of my,death be given to the person indicated on that list.
b. If at the time of my death I am the sole owner of the log cabin located on Cabin
Lease No. 50259 on land of the Commonwealth of Pennsylvania in Mifflin County, Pennsylvania,
I direct that my son, Todd F. Powless shall have the first right to acquire same at a value to be
determined by a fair appraiser selected by my Executor or a value-agreed upon by the parties,
provided the valuation shall be established within ninety (90) days of the time of my death and my
son shall make his election within ninety (90) days after being informed of the valuation. Should
he decline to acquire the cabin on .the terms communicated to him or should he fail to respond.
within the ninety (90) day period, then my daughter Amy P. Metzger shall have the same right to
purchase provided she shall accept the right to do so within ninety (90) days of the opportunity
being communicated to her. Should she decline to purchase or neglect to respond then the right to
purchase.shall expire and said cabin shall be disposed of by my Executrix or Executor as a part of
the residue of my estate. If either my said son or said daughter.shall elect to purchase said cabin,
the price thereof shall be deducted from the share of my estate which he or she is entitled to receive
and shall not be paid for in advance.
C. All the remainder of my estate I give, devise and bequeath as follows:
i. One third (1/3) thereof to my son, Todd F. 'Powless, his heirs and assigns,
pr„vided-he shall survive me by a period of ninety (90) ,days.but shoilldhe frail to so survive -rne,
then Le such of his issue, their heirs and assigns,as shall survive me by a period of ninety(90)days,.
per stirpes.
ii. One third (1/3) thereof to my daughter Amy P. Metzger, her heirs and assigns,
provided she shall survive me by a period of ninety (90)days, but should she fail to so survive me
then to such of her issue, their heirs and assigns as shall survive me by a period of ninety (90)days,
per stirpes.
i-
iii. The remaining one third (1/3).1 direct shall be for the benefit of my daughter,
Page 1 of 3
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k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds
as may be deemed advisable or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital gains
shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be
retained as part of the corpus, and such designation need not be consistent from one year to
another.
6. 1 hereby nominate,constitute and appoint my husband, John W. Powless, as Executor of
this my Last Will and Testament,but should he predecease me or fail to qualify or cease serving as
such, then in such event I nominate, constitute and appoint my da;3.ghter.-. Amy P. Metzger as
alternate or successor Executor, but should she fail to quaj.ify or cease serving as such,,then in such
event I nominate, constitute and appoint my son,Todd F. Powless, as second alternate or successor
Executor. I further direct that neither my husband nor either of my said two children shall be
required to post any bond to secure the faithful performance of his or her duties in the
Commonwealth of Pennsylvania or in any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament written on three(3)page, this 18th day of April 2000.
(SEAL)
Winif d G. Powless
Signed, sealed, published, and declared by Winifred G. Powless,the Testatrix above named,
as and for her Last Will and Testament, in our.presence, who, in her presence, at her request, and in
the presence of each other, have hereunto subscribed our names as attesting witnesses.
Page 3 of . 3
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Katharine J. Crawford as follows: To Keystone Financial Bank, and its successors, One West
High Street, Carlisle, Pennsylvania, in Trust, to pay the income arising there from at least four (4)
times per year to my daughter Katharine J. Crawford so long as Michael L. Crawford, her present
or former husband, lives, and upon the death of Michael L. Crawford said Trust shall terminate and
the principal thereof together with any undistributed income shall be paid directly to Katharine J.
Crawford, but should Katharine J. Crawford predecease her present or former husband Michael L.
Crawford, then in such event at the death of Katharine J. Crawford said Trust shall terminate and
the balance of the principal of said Trust shall be paid one-half(1/2) to Todd F. Powless and one-
half(1/2) to Amy P. Metzger, their heirs and assigns, per stirpes, provided the persons receiving
such distribution survive Katharine J. Crawford.
5. In addition to the powers conferred by law, my herein before named Trustee and
Executors are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks,bonds, or other securities of which may
be held, to vote in person or by proxy on any shares of -stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and all
necessary payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks,bonds and other securities, the powers of an individual owner who is
not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate shares
shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and partly
on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the
estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety
of any such sale or to see to the application of the purchase moneys arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper-management and administration of the
trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash or
in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any
division or distribution in kind may allot any specific sec!.Aty or property ^r any undwided i�;teres:.
therein to any one or more of such shares, and to that end may appraise any or all of the property so
to be allotted and the judgment as to the propriety of such allotment and as to the relative value for
purposes of distribution of the securities or property so allotted shall be final and conclusive upon
all persons interested in the trust or in the division or distribution thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
J. To retain and invest in shares-of stock of i tv Trustee.
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