HomeMy WebLinkAbout04-17-15 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:
Jeffrey R.Boswell Esquire and Helen E.Bowers
Decedent's Information
Name: Vera Rourke File No: 21-15 435
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 01/01/2014 Age at Death: 95
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 1013 Charles Street,Mechanicsburg 17055 Mechanicsburg Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at St.Joseph's Ministries Emmitsburg Frederick Maryland
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 $ 1,500,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 189,100.00
TOTAL ESTIMATED VALUE $ 1,689,100.00
Real estate in Pennsylvania situated at 1013 Charles Street Mechanicsburg Borough Cumberland
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
❑X A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 06/18/2013 and Rbicil(s)
thereto dated ltyw,u.J 19> "' =
C?.
Vera Rourkewas predeceasedr husband,JohnRourke,who =1968. 67 C3
;X3..
State relevant circumstances(e.g.,renunciation,death of executor,etc.) f F--► rr i M
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not-a p3rty ta-s3pending c7
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not hiv"ch1ld born or r a
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS ❑ EXCEPTIONS r--> -rJ
w r rrt
❑ B. Petition for Grant of Letters of Administration (If applicable) ", —y r p
c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante al 5#ntia.durante trhrrd tate
vl
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If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
Except as follows:Decedent was not a party to pending divorce proceedingwherein 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 adudicated an incapacitated person.
❑NO EXCEPTIONS ❑ 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
I
Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Jeffrey R.Boswell,Esquire 315 North Front Street
Harrisburg,PA 17101
Helen E.Bowers 10204 Tyburn Terrace
Bethesda,MD 20814
The Petitioner(s)above-named sije' r(s)6r affirm(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 r,ersor,4.l Representative(s)of the Decedent,Pe tlo r(s)will well and truly administer the estate accor ing to law.
Sworn to or affirmed an`/d�'s�ub�sc(ibed before" Date h 2!"1'!5
me this r1�ay of-b��"" I - Date
By:- a(I.(.l Q. 1 ��/1_V Date
For the Register Date
BOND Required? El YES NO
To the Register of Ills:
Please enter my appearance by my signature below:
FEES:
Letters.......................................... $ I Attorney Signature:
( 1 )Short Certificate(s)......... �
( )Renunciation(s)..............
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Jeffrey R.Boswell,Esquire
Bond............................................. Supreme Court
Commissi rl.................................. ID Number: 25444
Other
Firm Name: Boswell Tintner&Piccola
« Address: 315 North Front Street
Harrisburg,PA 17101
Phone: 717-236-9377
Automation Fee.............................
Fax:
JCSFee.......................................
TOTAL......................................... $
E-mail:
DECREE OF THE REGISTER
Date of Death: 01/01/2014
Social Security No:
Estate of Vera Rourke File No: 21-15 -436
a/k/a:
AND -11 NOW, � in consideration of the foregoing Petition,
�
satisfactory proof having been pre ented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Jeffrey R.Boswell,Esquire and Helen E.Bowers
1
in the above estate and(if applicable)that the instrument(s)dated 06/18/2013
described in the Petition be admitted to probate and filed of record as the I t Will(and C dicil(s of a edent.
R gi to of Wills n-,(
Copyright(c 11 orm software only The Lackner G uMn
/^/N,l),t'�/l Page 2 of 2
REC RVR D 0`Ff'I C.E'-0'F
-AE,GfSTER 6F WALL 5'
Nis PPR 17 TM 3 17
CLERK 0F'
ORP HfaN COURT.
`CUMBEISLAM.D C,0., RA
LAST WILL
OF
VERA ROURKE
Jeffrey R. Boswell, Esquire
BOSWELL, TINTNER & PICCOLA
315 North Front Street
Harrisburg, Pennsylvania 17101
(717) 236-9377
LAST WILL AND TESTAMENT
OF
VERA ROURKE
Introductory Clause. I, VERA ROURKE, a resident of and domiciled in the
Borough of Mechanicsburg, County of Cumberland and Commonwealth of
Pennsylvania, do hereby make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils at any time heretofore made by me.
ITEM I
Direction to Pay Debts. I direct that all my legally enforceable debts, secured
and unsecured, be paid as soon as practicable after my death.
ITEM II
Direction to Pay All Taxes from Residuary Estate. I direct that all estate,
inheritance, succession, death or similar taxes assessed with respect to my estate
herein disposed of, or any part thereof, or on any bequest or devise contained in this
my Last Will (which term wherever used herein shall include any Codicil hereto), or on
any insurance upon my life or on any property held jointly by me with another or on any
transfer made by me during my lifetime or on any other property or interests in property
included in my estate for such tax purposes be paid out of my residuary estate and
shall not be charged to or against any recipient, beneficiary, transferee or owner of any
such property or interests in property included in my estate for such tax purposes.
ITEM III
Specific Bequest of Specific Item of Personal Effects. I give and bequeath
equally unto my niece, HELEN E. BOWERS' children, namely KRISTEN BOWERS and
CHRISTOPHER BOWERS, the United States Savings Bonds present in my safe
deposit box at the time of my death.
ITEM IV
Specific Bequest of Specific Item of Personal Effects. I give, devise, and
bequeath unto my niece, MARY CATHERINE HARRINGTON'S son, THOMAS
HARRINGTON, the Civil War vintage sword that has been displayed above the mantel
of my home.
ITEM V
Cash Legacy. I give and bequeath to THOMAS HARRINGTON, if he shall
survive me, the sum of One Thousand Dollars and No Cents ($1,000.00).
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ITEM VI
Cash Le_gacX. I give and bequeath to KATHY YATES, if she shall survive me,
the sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM VII
Cash Legacy. I give and bequeath to DAVID YATES, if he shall survive me, the
sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM VIII
Cash Legacy. I give and bequeath to my brother's son, PATRICK McCAULEY, if
he shall survive me, the sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM IX
Cash Legacy. I give and bequeath to my brother's son, TIMOTHY McCAULEY,
if he shall survive me, the sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM X
Cash Legacy. I give and bequeath to my brother's daughter, MARY ANN
McCAULEY, if she shall survive me, the sum of One Thousand Dollars and No Cents
($1,000.00).
ITEM XI
Cash Legacy. I give and bequeath to MICHAEL ROURKE, if he shall survive
me, the sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM XII
Cash Legacy. I give and bequeath to MARGARET MARY PETRONCHAK, if she
shall survive me, the sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM XIII
Cash Legacy. 1 give and bequeath to MARY RITA BLASENSKY, if she shall
survive me, the sum of One Thousand Dollars and No Cents ($1,000.00).
ITEM XIV
Cash Legacy. I give, devise, and bequeath to the ST. JOSEPH CATHOLIC
CHURCH OF MECHANICSBURG, PENNSYLVANIA, or its successors, the sum of One
Thousand Dollars and No Cents ($1,000.00) for such uses and purposes as its
governing board shall deem necessary and advisable.
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ITEM XV
Outright Gift of Residuary. I give, devise, and bequeath all the rest, residue and
remainder of my property of every kind and description (including lapsed legacies and
devises) wherever situate and whether acquired before or after the execution of this
Will, to the following named relatives in the percentage indicated:
A. . To my niece, HELEN E. BOWERS, of Bethesda, Maryland, Fifty (50%)
percent of my total residue estate.
B. To my nephew, WILLIAM F. MURPHY, III, of Wheaton, Maryland, Thirty
(30%) percent of my total residue estate.
C. To my sister-in-law, RITA ROURKE, of Frederick, Maryland, Twenty
(20%) percent of my total residue estate.
I specifically give to my Co-executors authority to make these gifts and bequests in
cash or in kind or in any combination thereof, in such manner as determined by my Co-
executors with that decision being final.
In the event that any of my residuary legatees have predeceased me, then and
in that event, their respective shares of my residuary estate shall be distributed to their
children living at the time of my deceased, per stirpes and not per capita, their children
taking their parent's share.
ITEM XVI
Naming the Personal Representative, Personal Representative Succession,
Personal Representative's Fees and Other Matters. The provisions for naming the
Personal Representative, Personal Representative succession, Personal
Representative's fees and other matters are set forth below:
(1) Naming Individuals as Personal Representative. I hereby nominate,
constitute, and appoint as Personal Representatives of this my Last Will and Testament
my niece, HELEN E. BOWERS, and my attorney, JEFFREY R. BOSWELL, ESQUIRE,
who shall both serve without bond.
(2) Final Succession If All Individual Personal Representatives Cannot Act. If
JEFFREY R. BOSWELL, ESQUIRE, shall predecease me or for any reason be unable
to serve as a Co-executor, then and in that event, ! direct PNC BANK, N.A., who shall
also serve without bond, to be the successor Co-executor of this my Last Will and
Testament and to likewise have all the rights, privileges and duties conferred and
created by reason of said appointment. If my niece, HELEN E. BOWERS, shall
predecease me or for any reason be unable to serve as a Co-Executor, then the named
JEFFREY R. BOSWELL, ESQUIRE, shall serve as my Executor. If both HELEN E.
BOWERS and JEFFREY R. BOSWELL, ESQUIRE, predecease me or are unable to
serve, then I direct PNC BANK, N.A., to serve as my successor Executor. My named
Executors shall serve without the necessity to post a bond with the Register of Wills.
Furthermore, I direct that my Executors shall be paid a proper fee for their services
rendered in the administration of my estate.
Page 3
(3) Fee Schedule for Individual Personal Representative. For its services as
Personal Representative, the individual Personal Representative shall receive
reasonable compensation for the services rendered and reimbursement for reasonable
expenses.
ITEM XVII
Definition of Personal Representative. Whenever the word "Personal
Representative" or any modifying or substituted pronoun therefor is used in this my SII,
such words and respective pronouns shall include both the singular and the plural, the
masculine, feminine and neuter gender thereof, and shall apply equally to the Personal
Representative named herein and to any successor or substitute Personal
Representative acting hereunder, and such successor or substitute Personal
Representative shall possess all the rights, powers and duties, authority and
responsibility conferred upon the Personal Representative originally named herein.
ITEM XVlli
Powers for Personal Representative. By way of illustration and not of limitation
and in addition to any inherent, implied or statutory powers granted to Personal
Representatives generally, my Personal Representative is specifically authorized and
empowered with respect to any property, real or personal, at any time held under any
provision of this my Will: to allot, allocate between principal and income, assign,
borrow, buy, care for, collect, compromise claims, contract with respect to, continue any
business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and
exercise options with respect to, take possession of, pledge, receive, release, repair,
sell, sue for, to make distributions or divisions in cash or in kind or partly in each without
regard to the income tax basis of such asset, and in general, to exercise all the powers
in the management of my Estate which any individual could exercise in the
management of similar property owned in his or her own right, upon such terms and
conditions as to my Personal Representative may seem best, and to execute and
deliver any and all instruments and to do all acts which my Personal Representative
may deem proper or necessary to carry out the purposes of this my Will, without being
limited in any way by the specific grants of power made, and without the necessity of a
court order.
ITEM XIX
Discretion Granted to Personal Representative in Reference to Tax Matters. My
Personal Representative as the fiduciary of my estate shall have the discretion, but
shall not be required when allocating receipts of my estate between income and
principal, to make adjustments in the rights of any beneficiaries, or among the principal
and income accounts to compensate for the consequences of any tax decision or
election, or of any investment or administrative decision, that my Personal
Representative believes has had the effect, directly or indirectly, of preferring one
beneficiary or group of beneficiaries over others; provided, however, my Personal
Representative shall not exercise its discretion in a manner which would cause the loss
or reduction of the marital deduction as may be herein provided. In determining the
state or federal estate and income tax liabilities of my estate, my Personal
Representative shall have discretion to select the valuation date and to determine
Page 4
whether any or all of the allowable administration expenses in my estate shall be used
as state or federal estate tax deductions or as state or federal income tax deductions.
Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my seal this I8"- day of July, 2013.
(SEAL) .
VERA ROURKE
Attestation Clause. The foregoing Will was this �hday of July, 2013, signed, sealed,
published and declared by the Testatrix as and for her Last Will and Testament in our
presence, and we, at her request and in her presence, and in the presence of each other,
have hereunto subscribed our names as witnesses on the above date.
of 62
�f of 1'0AA~S&'%rG P#
Page 5
PROOF OF WILL
Commonwealth of Pennsylvania
Self-Proving Affidavit
County.of Dauphin
We, VERA ROURKE, and carj_w��/ �%isrf��� and
rzL-I;e , the Testatrix and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the Testatrix signed and executed the
instrument as her Last Will and that she had signed willingly (or willingly directed
another to sign for her), and that she'executed it as her free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and
hearing of the Testatrix, and in the presence of each other, signed the Will as witness
and to the best of our knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind, and under no constraint.or undue influence.
VER R'0U
Wit ess
Witness
Subscribed, sworn to, and acknowledged before me by VERA ROURKE, the
Testatrix and subscribed and sworn to before me by e,,-
and witnesses, this IS" day of July, 2013.
(Seal)
Notary Public for Pennsylvarda
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Connie L.Hardy,Notary Public
City
of Harr sburg,Dauphin County
tMy Commission Expires Feb.16,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
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