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HomeMy WebLinkAbout07-27-05 & . Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS No. ~ 1-05- D\.plo 5 To: Estate of Elizabeth S. Showers also known as Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased Social Security No. 354-05-5315 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated January 9 ,20 1998 and codicil{s) dated January 10 2004 (state rdevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h_ last family or principal residence at 20 Glendale Drive, East Pennsboro, Mechanicsburg, Cumberland County, Pennsylvania (list street, number and municipality) County , Decedent, then ~ years of age, died March 23 ,20~, at Holy Spirit Hospital 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: 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: $ 80,000.00 $ $ $ WHEREFORE, petitioner{s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letterstestamentarv " ~ (testamentary; administration c.I.a.; admiil).t~on d.b.n.ilih.) . .-:JJ c- Residence{s) ofPetitioner~L:? P 805 S. Wayne Street, Lewistown, PA 17044 . C.' 2! "', Ul ~ -~:'"' ( ) 872 Shadeland Drive, Danville, KY 40422 " a LJ :0 .'f-; r-'i-1 "-j ) ,~-~ '. ) ,.-::,) ~ ~.""1 i t~.':~1 --' ;~,~3 . ( ) "I' v, -"'''J - c""'; - ,." ') ;~~-,.-) -. .' : e . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENN8YLV ANIA } 88: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) 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~ of the above decedent petitioner(s) will well and truly administer the estate accord in to I . , /"-/ / . Sworn to or affirmed and su~ribed { Before ~ this ,,~U"\:: day of ~ ,200S "-~~~~~~ Registe ~~~ ~o.6l' -OS -mo1co5 Estate of Elizabeth S. Showers , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 20~, in consideration of the petition on the reverse side hereof, satisfact ng been presented before me, IT IS DECREED that the instrument(s), dated 01/09/98 & 01/1 , described therein be admitted to probate filed of record as the last will of Elizabeth S, Showers ; and Letters are hereby granted to Anne Marie Showers and Robert J. Showers \. -) FEES Probate, Letters, Etc. ............. Will................................. ~,o.c:o IS 00 $ $ Renunciation....................... $ Short Certificates ( ).... .. .. .. .. $ JCP.................................. $ Automation Fee................... $ r>_..' , . \ 8QmI.\....CO-.'.c...'..................... $ $ 2005 Susan E. Lederer, Esq, 44861 Attorney (Sup. Ct. I.D. No.) 4811 Jonestown Road, Ste 226 Harrisburg, PA 17109 Address aLl . ('D In.co 5.<..50 ,S'~ 9-'1Q ./i0 717-652-7323 Total Filed, , ~-. Phone '" <g' i ~ r-..:> = ~ !:JI (- r- r= N o. -u ::rJ 1"', C') ~f; r'o""} ;:':'f1 C~:::J .-~-~ .~~ ~- ".'11 - C') r"T'1 C'J -r-- ) , C) C) H10S.905MS REV.(Ol/03l f h d h h fil the Pennsylvanl'a Division of Vital Records 10 accordance This is to certify that this is a true copy 0 t e recor w ic is on 1 e in with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~II~ Charles Hardester State Registrar 0600338 APR 0 5 2005 Date c:> ,,_, c:> ,_' c 1Ll (-2. f-I. H105.143 Rev(~l~l .. . ( Q.. .;2; - OS - Ulo05 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH ST,Il,TE FILE NUMBER E/PRlNT IN MANENT lcKINK SEX 2.Female TH SOCIAL SECURITY NUMBER 5, 354 05 DATE OF DEATH (Month, Dav, Yeer) . /l1 o.rc.h. :2 ~ :;, Cbs' ... cumberland .J;'.a!!t Pennsboro KIND OF BUSINESS I INDUSTRY FlHidenceD =1y)0 RACE. American Indian, Bled(, White, el . (Specify) 10. White MARITAl.. STATUS. Married, SURVIVING SPOUSE Never Manied, W1dtlWed, {II wile. give mai",n n,m'l Divorced (Specify) widowed 17c.Qg Yes, decedent lIVed In Upper Allen twp. .. COUNTY OF DEATH DECEDENrs USUAL OCCUPATION (c:.r::"~"Iloll~~~u:r1::Y,::3).t ".. Hanernaker ".. Own Home DECEDENrS MAILING ADDRESS (Street. CltylTown, Slate, Zip Code) DECEDENT'S 20 Glendale ori ve ~~~1b~NCE Mechanicsburg, PA 17055 ~:':';~':i' 17b. Countv cumberland O~ decedent llvelna township? 17d.D ~=Ii~~of """,.",. MOTHER'S NAME (First, Middle, Maiden Surname) ... Jozefa WO . ciehowski INFORMANrs M^tLlNG ADDRESS (Street, CityITOWI1, State, Zip Code) 2...805 South Wa e street Lewistown PA 17044 PLACE OF DISPOSITION. Name of Cemetery, Crematory LOCATION. CitylTown, State, Zip Code or Other Place 21c. Gate 231:1. 23c. WAS CASE REFERRED TO A MEDICAL EXAMINER ICORONE~ 28, Yell 0 No EJ : ~roximate PART I: Other significant conditions contributing to duth, but : lnt.'val between no! resulting In the undlHtylng cause given In PART I. : Oflset and death 2005 UCENSE NUMBER 22.. FD - 014889 To the best of my knowledge, death QCt:urrud at the time. date and place stated. (Signature and TiUe) 23a. TIME OF DEATH ... 3:}O DATE PRONOUNCED DEAD (Month, Day, Year) PM 2.. (l1C\rd,-:2.3 . 60 27. PART I: I!na.r th. d'--._, In!url.. Or compllclltlon. which cauMd llw duth. Do not .ntllrth. mod. of ")'In., I\,Ich.. o.rdlac or ...pIMOry '"'"to ,hock or ....rt fJlllur.. u.t onl)' 0"' fi;'_on nc:h 11M. Sequentlaly list conditions { .c'. if any, Ie.adlng to In'vnedlate ClIUS8. Enter UNDERLYING CAUSE (Disease or injury th.t initiated event. ....ulling on death) LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? jJ.... \ vlAI\JL NoD Suicide Pendinglnv8stigatlon Could not be detetTTlined DATE OF INJURY (Monlh, Day, v"r) o o o TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. YesD N06 YesD 2h. 2Bb. CERTIFIER (Check only one) -~~~~tGJ~~Jr;l,':;:~ C:C~~~8j~: t~ ::~.~:(:r~~3rJ~~~~.h:~~~~~.~~~.~~~.~.~~~~~.I~~.~~.)... . MANNER OF DEA.3" Natural I2f Accident 0 o Homfdde -MEDICAL EXAMINERlCORONER :=r,=I::~~I.~~I~.~~.~~~.I~~~~~~.~~~~:.I~ .~~~~l.~~~:.~~~~ .~~.~~~.~. ~~.~~~~:.~~~:. ~.~~ .~~~~', ~~~,~.~.~~ ~~~~~~~.~~~.~~.. 0 3h. J;q/~II ~ 'aaO NoD 30c. 21. 30.. 30b. M. PLACE OF INJURY - At home, farm, street, f.ctory, office tluIldl"ll."o.(S,.QlIv} 3D8. -PRONOUNCING AND CERnFYING PHYSICIAN (Physician both pronouncing death and certifying to cause of death) To the bti.t of my knowledge, d..th occurred .t the tlm., d., IIJ'ld place. and due to the cau...(.) end menrMr e. .tated. ,.. Last Will of ELIZABETH S. SHOWERS I, ELIZABETH S. SHOWERS, a resident of Cumberland County, Pennsylvania, declare that this is my last will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am not currently married. Section 2. Children a. The names and birth dates of my children are: {"2 ',0 -~ -, Name Birth Date RA YMOND R. SHOWERS ANNE MARIE SHOWERS ROBERT J. SHOWERS RICHARD W. SHOWERS January 12, 1948 August 26, 1950 February 04, 1952 December 19, 1954 All references to my children in this will are to these children only and any children subsequently bom to or adopted by me. 1 ,....., c,;:) .::::;> c.."" c_ c:::: f'O- N 0'1 '"0 :~ - .. o o " ;;"~ n . ~:,~ Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: (1) ANNE MARIE SHOWERS (2) RICHARD W. SHOWERS If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the applicable state statutes which provide for independent administration of estates. 2 Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Unified Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: ELIZABETH S. SHOWERS LIVING TRUST dated amendments thereto. JAN 9 1998 and any I executed said trust prior to the execution of this will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this will, or as thereafter amended. 3 Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. c. Any federal or state tax imposed on a generation-skipping transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the generation-skipping transfer tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my trust. However, if my trust does not exist at the time of my death or if the assets of my trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by my trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my trust, all death taxes incurred by reason of assets being transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. 4 Article Five General Provisions Section 1. No Contest Clause If any person or entity other than me singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and that person (and his or her descendants) or entity shall be deemed to have predeceased me. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this will are for convenience of reference only and shall have no significance in the construction or interpretation of this will. Section 3. Severability Should any of the provisions of this will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this will. Section 4. Governing Law This will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my last will, on JAN 9 1998 ~~~ ELIZ TIl S. SH Rr 5 ATTESTATION CLAUSE The foregoing last will was, on the day and year written above, published and declared by ELIZABETH S. SHOWERS to be her Last Will and Testament. We, in her presence and at her request, and in the presence of each other, also signed our names as attesting witnesses. We further state that each of us believes, according to our best knowledge and belief, that at the time ELIZABETH S. SHOWERS executed the foregoing last will, she was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the unlawful influence of any person. J ;' /) wrs/tLt J/f ADDRE ~o~\LQA ~J\- WITNESS CJ ~Q.f~~~ AD S 6 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN W" ELIZABETH S. sHoWER~d-Ilc t ' \1rU/.&0~d Q (L; , - the Testator and the witnesses, respectively, whose names are signed to the attached or foregoin instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the foregoing instrument as the Testator's last will, that the Testator signed it willingly, or directed another to sign it for the Testator, that it was executed as a 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 last will as witnesses, and that to the best of their knowledge and belief, the Testator was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. ~j~~A~~ El::JIZ ETH S. 0 RS / n'- I \ j ,Lh~ t I iJJ~~~ ~ f(--WITNESS Subscribed, sworn to and acknowledged before me by ELIZA~ETH S.}HOWERS, ~h/t1 Testata, and s scrib d and sworn to before me O/gy bf.-.N:)/\ Y~L 'L ,r frzt..J:;(.J!e.A.. and _ r-.C witnesses, this ~ day of :Jt.?ULd..u1- , 19 iT {/ , J t~.~ul~ / ~:ttzt LI~ Notary Public (SEAL) 7 . Notarial Seal Linda L. Fetterhoff. Notary Public Derry Twp., Dauphin County My Commission E:xpir!l$ Nov. 8, 1999 Member. Pannsylvan a Assoc a Inn Q nrl~~ 4 FIRST CODICIL TO THE WILL OF ELIZABETH S. SHOWERS I, ELIZABETH S. SHOWERS, of 20 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania, declare this to be a first codicil to my will dated January 9, 1998. FIRST: I revoke Section 1 of Article Two of my will and substitute therefore the follq..Wing c:.:> c:-..> <;..1"1 c- c:::: .. f') CJl new Section 1: C) .'.-c; . -:J Article Two -0 Appointment of My Personal Representatives~ o o Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: (1) ANNE MARIE SHOWERS and ROBERT J. SHOWERS; if both are unable to serve, then (2) RICHARD W. SHOWERS If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the Isit has been exhausted. Unless otherwise specified, if Co-Personal Representative are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cea<;e to act as Personal Representatives. SECOND: In all other respects, I confirm and republish my will dated January 9, 1998. I signed this first codicil to my will on:rc."'"'....,.~ 10, 2004. '1->, ,~ ~ ? _ ' i..} .. jv/ ~~~~~~.tr6~ks ,~~'-UOJ-/ ~n rn c-:> (_OJ -:l-:} C.. 0) :-:-"1 \.~~.) '--", C-) '-'1 -.-y, --r-1 (5 1"11 ",":. r:-) '-rl On the date last above written, we saw ELIZABETH S. SHOWERS, in our presence, sign the foregoing instrument at its end. She then declared it to be a first codicil to her will and requested us to act as witnesses to it. We then, in her presence and in the presence of each other, signed our names as attesting witnesses, believing her at all times herein mentioned to be of sound mind and memory and not acting under constraint of any kind. ~ C ~(A LQrlL \\o.\\\~ b\ifl)) fA /7 ) 01 . COMMONWEALTH OF PENNSYLVANIA) ) COUNTY OF DAUPHIN ) We, ~VOY\V1l UJJussd and h M. M6'1Q , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law do depose and say that we were present and saw the Testatrix sign and execute the instrument as a codicil to her Last Will; that the Testatrix signed willingly and executed it a<; her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the will as a witness; and that to the best of our knowledge the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. 4r;;rJry I, ELIZABETH S. SHOWERS, 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 a codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. () --, 6" J451 :t /~ rJ-i,.:JCf ;!c.M-t'--'-€~ ELIZABETH S. 6H0WERS, TESTATRIX Subscribed and sworn to and acknowledged before me bl ELIZABETH S. SHOWERS, the lestatrix, and subscribed and sworn to before me by \ \ \l D(\'{\ ~ \...\ \.\ 05Se-f and "(\'\~ rY). fV\.o1'" , witnesses, on 3'"0........... """'-1 \0 ,2004. ~~.~ Notary Public Notarial Seal Susan a Lederer. NDlMY Public Lower Paxton 1\vp.. Dauphin County My Commission E.J<pires May 3,2004