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HomeMy WebLinkAbout05-11-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of EDGAR L. GOHO also known as No. 2/ -05-01,3 L , Deceased Social Security No. 711- 07 - 5090 Crystal L. Schade Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) rn A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut r ix the Decedent, dated 01/19/1999 and codicil(s) dated None named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: D B. Grant of Letters of Administration (c.I.a.; d.b.n.c.t.a; pendente lite; durante absentia; durante minoritate) 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: I Name Relationshio Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumber land County, Pennsylvania with his/her last family or principal residence at 419-B N. Second Street, Worm1eysburg Borough, Wormleysburg, PA 17043 (list street, number, and municipality) Decedent, then ~years of age, died 05/04/2005 at 419-B N. Second Street, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 70,000.00 $ $ $: $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the a ro riate form to the undersi ned: Si nature T ed or rinted name and residence Crystal L. Schade 428 Ho estown Road, Mechanicsbur , PA 17050 Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumber land The Petitioner(s) above-named swear(s) or affirms) that 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 Decedent, Petitioner(s) will well and truly administer the estate according to law. before me this --1L- day of ~J.O(,-~ Cry tal L. Schade Sworn to or affirmed and subscribed c.,; , No. 21 - 05 - 043L Estate of EDGAR L. GOHO Deceased Social Security No: 711- 07 - 5090 Date of Death: 05/04/2005 AND NOW, rYl A '/ \{ ,05 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary D Of Administration (c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Crystal L. Schade in the above estate and that the instrument(s) dated 01/19/1999 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. Affidavits ( $ LLP 6th Floor FEES -ReRIoIFKli3tioPl. WI.W-:-. $~35.00 $ 20.00 $ I 5 . on Letters. . . . . . . Short Certjficate(s). Extra Pages ( ) . $ Address: Codicil. . $ Harrisburg, PA 17101 JCP Fee. $ 5.00 Telephone: 717/233-1000 Inventory. $ Other Au..w.- .~.~ . $ 10,00 1~5.DO TOTAL. . . . . . . . $ Form RW-1 (1991) Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. HIOS.H05 REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. p 11558837 No. !hn-fJ?~" Local Registrar Fee for this certificate, $6.00 MAY05 200S Date 05.143 Rev. 2/87 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH NAME OF DECEDENT (Fnt. Middet:ot) 1. .- ~I I AGE (Lest Birthdey) SEX 2.male STATE FILE NUMBER SOCIAL SECURITV NUMBER 3.711 07 - 5090 ~ I. 85 VIS. . COUNTY OF DEATH Cumberland Wormleysburg lb. ... DECEDENT'S USUAL OCCUPATION KIND OF BUSINESS I INDUSTRY "'S DECEDENT EVER IN ( kind 0 _ ..... U.S. ARMED FOfS,ES? ofWOfldng life; do not UN lid) Yea 0 No I2i . 11.. electrician 11b. railr ad 12. DECEDENT'S MAILING ADDRESS (Str.... CltylTown, Stala. Zip COOe) DECEDENT'S 17.. Slate ACTUAL P '" n n '" y 1 "" n ; Aidt 17c. D Ves. decedent Nved In 419B N. Second St. R(SeeESI~~~L. = 7 0 3 ._~w rtI No. decedent Nved 11. Wormleysburg,PA1 4 on__) 17b.Countv Cumberland ta.vnahlp? 17d.!B.wlthlnactuelllmllaol FATHER'S NAME (First. Middle. Laot) MOTHER'S NAME (Firat. Middle. Maiden Sumeme) ~ Luther G. ~ Constance E INFORMANT'S NAME (TypelPrinl) INFORMANT'S MAILING ADDRESS (Street, CitylTown. Slala. Zip COOe) ~. Cr stal Frey ~. 28 Ho METHOD OF DISPOSITION IR'l PLACE OF DISPOSITION. Neme of Cemelery. Cremato<y · Donetion 0 Buriel 0 Cremation t>><- from State 0 0( Other Place . 21.. Other(5paci1y) 0 21b. Ma SIGNATURE OF FUNERAL SERVICE LICENSEE OR PERSON ACTING AS SUCH BIRTHPLACE (City and S_ 0( Foreign COuntry) itcairn,PA ........0 .-J9 :=..,) 0 RACE ~ Amer1can Indian. Black, Wlite. et (Specify) 1 whi te o. SURVIVING SPOUSE (If wife, WV. maiden name) lWp. dtylboro . 221. Complete "ems 230.0 or/y when cartifylng phylk:ian ia not avail"'e at time of death to cer1ify caue. 01 doetl!. ltema 24-26 must be COlllI'I8l8d by person wl10 pronounces death. a. ~(2,E.S'\. "OF), ~ '01\" ~ ~ E "" (.\- C-VPr SequenbaUy Dat conditiona b. if any, leading to immediate I c. . . cause. Enter UNDERLYING CAUSE (Di..... 0( I~ . . that initiated events resUtlng on death ) LAST d. WAS AN AUTOPSV 'IIoERE AUTOPSV FINDiNGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? NCEOF): (OR CONSEO VeaO NoM veaO NoD Suicide 'S o o DATE OF INJURV (MonIh, o.y, Va.) TIME OF INJURV INJURV AT WORK? DESCRIBE HOW INJURV OCCURRED. MANNER OF DEATH Natura! Accident Homtcide Pending Investigation COuld not be determined D D -DNoD D :soe. 3Gb. M. :IOc. PLACE OF INJURY - At home. tarin, street, factory, office -....,.!..."") :10.. 280. 21b. CERTIFIER (Check only one) .~~~F::tGJ::'~~~~~ehra:,=a.~~:=~.~=:r=,g=~~~.~~~.~~.~~~~.i.'~~.~~~................ .-' 21. J \lD 1 lJJ/lo?! / V I .... 34. ---... - LAST WILL AND TEST AMENT (Pour-Over Will) OF EDGAR L. GOHO IDENTITY I, EDGAR L. GOHO, residing in the County of Cumberland, Commonwealth of Pennsylvania;: being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former wiils and Codicils to Wills heretofore made by me. My Social Security Number is 711-07-5090. I have the following children: CRYSTAL L. SCHADE born August 17, 1959 and currently re'Siding in Mechanicsburg, P A and DESIREE A. BOYKIN born January 7, 1961 and currently residing in Enola, P A and DONNA L. GOUDY born September 26, 1941 and currently residing in Broaddus, TX. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE EDGAR L. GOHO REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. Ifthere are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus ofthe above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. POUR-OVER WILLS Page 1 c2'?' ~~(Tes I ,. \... If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint CRYSTAL L. SCHADE to serve without bond as my Executor of this my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint DESIREE A. BOYKIN to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifYing or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor 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, 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, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all ofthe powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, 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 executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion POUR-OVER WILLS Page 2 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. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each o preceding pages. This instrument is being signed by me on this / C; day of / , 19!1f-. POUR-OVER WILLS Page 3 r:;~o) / Cd '- ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: ADDRESSES: .:IPn4 ((11 w1-aL;r- ~1'/flL}) F( f/UckAI3! (Printed Name of Witness) 111 N!) NJJ st' ~I/B WOR/'-4/Evslw~J 4 /7Rf'3 / t"z~ (Printed Name of Witness) ~/f /V.~/'Jcl~+, !?r-l-/J Ll)oR In Ie is\7CLV9i }iJ r7()1(3 POUR-OVER WILLS Page 4 &..~ P (Testator) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE "" IJ F RE fv1 ' the un r igned auth rityf OI1.~~S day personally appeared EDGAR L. GOHO, lb . t,tc-ll4. and Ie. \ ct . ~(~n6fn to me to be the Testator and the witnesses, respectively, whose na es are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, EDGAR L. GOHO, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~a~ '? a ED L. GOHcY q T st or '-/ :p0Y7~ I1AA~ ;})ess . 'di l IJrAl]) f? HL/.' "i/3Y (Printed Name of Witness) ~ftu~tt ( ~s': ---: _ (Printed Name of Witness) SUBSCRIBED AND ACKNOW EDGE subscribed and sworn to before me by witnesses, this the I ~ day of .. POUR-OVER WILLS Page 5 c:;:;. ;;? ~ C.<::.. ~ . ~ (Testator .