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HomeMy WebLinkAbout10-28-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of ROSEMARY D. SIMMONS No. J... \ . ~ ~ ~ ~ .. ~ 3 S also known as To: Register of Wills for the , Deceased County of CUMBERLAND in the Social Security No. 195-07-7645 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut or named in the last will of the above decedent, dated December 19. 2003 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 100 Mt. Allen Drive. UDDer Allen TownshiD (list street, number and municipality) Decedent, then 89 years of age, died 10/8/2005 at 100 Mt. Allen Drive. Mechanicsbura. PA 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 (Ifnot 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: $ $ $ $ ,/00,000 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentarv i th,reon (J~ t..J~ (W'~'"""~~:~~I~~:;~~:~;~~~:;,..ti"~~"::::7 ~ ~ "Vi -. ~'5' .", c &l .g ~.- ~~ ....... ~ 0 c OJ) Cii OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA} ss 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 know ledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. sworn. to or ~ffinp ed~. d s.ubscribed { .'7~ ,. .l).., ir- before me thiS j",'& day of ~~~",,"'~<"Q ":;l..,,~~ ~ ~~~ ~~~, ~4, Ref!ister ~~. \(~,~,<;, ~~ ,.......~:) (":_-:) V:l o'Q' ;::: ~ ::: ~ ~ i..) CD No. ~\ . ~ S - ~ 'S S Estate of ROSEMARY D. SIMMONS , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~,~~~~"'{ ~~, ~~~-S , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 12/19/2003 described therein be admitted to probate and filed of record as the last will of ROSEMARY D. SIMMONS and Letters TESTAMENTARY are hereby granted to JOHN C. DODD FEES Probate, Letters, Etc.. . . . . . . . $ Short Certificates ( \, ) . . . . . . $ ReIHlRciatioB.. :~ ~\..~. . . . . . . $ --S~~ ~ ~~'\j,~'l..t'~ $ TOTAL _ $ Filed. . . .'\ ~ ~ .~~ -.~ . . . . . . \0 \~ . ";)..1...\. 'So \S. \.~"-i C"'y~ ~\\J~~~~~' ~ ;;:;/i~~'i1IS<"."' . ~\\ Dav;fJ Radcliff, Esq. #25483 ATTORNEY (S'!p. Ct. J.D. No.) 20 Erford Road, Ste 200 Lemovne PA 17043 ADDRESS 717 236-9318 PHONE CJ .;~ -;SJ :'Ii I"~) CO ~ \ - ~ s -~ S:} Thi- IS to certify that the information here given is correctly copied from an original certificate of dc,lth duly filed with me as 1,)(.11 R:gistrar. 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 11701013 No. .""",~~(W'Drpl;--__~_ .\.;:,;:'~~'4'n."" \\ = v.t:- I~ . ~[i;~\ ~ ~i , ~ . \~~ ~ ~( -~~.' ij;~ \~~L' .,c~.,.. x:l "':,,~ 4.$:5.,. "> Af)),.___,,\,r,,' -----'7tMENl ~'i;" "., """""NJUIIIIIIJ11,,11 ~/1{G,~' Fce lex this certificate. $6.00 Local Registrar ~OOl 0 I 180 Dale r-.' c.:::.:) " (") I'" 'J87 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH 1'.) CJ "ME OF DECEDENT (First. Middle, LaSl) SEX STATE FILE NUMBER SOCIAL SECURITY NUMBER Rosemary D. Simmons GE (last BirthdaYl UNDER 1 YEAR UNDER 1 DAY Monlhs Days Hours Minutes 2. Female 3. 195 - 07 7645 DATE OF DEATH ,Mcnlh, Da", '!'earl .. Oc tober 8,2005 Y,. PLACE OF DE.aJH (Cneck only f)ne -;ee ,nSlruCI,()(tg on Ol'hef sldel HOSPITAL: Inpatient 0 ... FACILITY NAME (II nO!lm..NtJflon. give Slreel and numbel'l BIRTHPLACE 'C.1y and Slate Q( Fcretgn.COUnfry) 89 .,salisbury,Md g'':;'fy) 0 JUNTY OF DEATH 17b. Cou Did decedent livelna Cumberland lown""p? 17..0 :;'~'='~i':Zot MOTHEA'S NAME (First. Middle. Malden Surname) 1.. Rose McNicklaus INFORMANT'~y'AJ..UNG ADDRESS (Slreel. C!f/Klwn, Slate. Zip Code) 2~. IJbbO Kennard Dr Glenelg,Md 21737 PLACE OF DISPOSITION. Name of Cemetery. Cremator; lOCATION, Cityrrown, Slate, ZIP Code or Other Place Holy Cross Cemetery 21c. MARITAL STATUS. Married Never Married, Widowed, Oivorced (Specify) Widowed Upper RACE - Amencan Indian, Black, White. etc. (Spec",) to. Whi te SURVIVING SPOUSE 111 .N.le. gIve maiden name) Cumberland DECEDENT'S USUAL OCCUPATION (~;~~llj:~r~d~eu~r;~ffr:r Administrator Be. 15. I. iTHER'S NAME (Firs!. Middle. LaSI) Michael Dodd 100 Mt Allen Drive Mechanicsburg,pa 17055 en twp. citylboto J. FORMANT'S NAME (f ypelPrinl) to. John Dodd ETHOO OF DISPOSITI~ O Burial L.:J Cremation 0 onation Other {Speclfyl .. Removallrom Slale 0 ms 24-2E1 must be completed by .rson who pronounces death. 23b. 23c. WAS CASE REFERRED TO MEDICAL EXAMINEAJCOAONER? Ye,O NoD LICENSE NUMBER 22.. 011654-L To the 0 my knowledge, dealh occurred althe time. dale and place slaled (Signature and Tille) NAME AND ADDRESS OF FACiliTY 22eM ers-Harner Funeral LICENSE NUMBER IMEDIATE CAUSE (Final >ease CA condition !lUlling in death)_ >e. I Approximate : inllHV8l befween I onset and death I i PART II: Other significant conditions COnlributtng 10 death. but !lOt resuftjng in Ihe undertying cause oWen in PART I. ~ c;UwJ.,e~JoJ U71 .4YT JqU&ntially list eonditions tny, leading to immediate luse. Ent., UNDERLYING "USE (Disease or '"fury !I inlliated events SUiting in dealh) LAST aUE TO lOA AS A CONSEOUENCE Of), DUE TO (OR AS A CONSEOUENCE OF)' AS AN AUlOPSV '::RFQRMED? d. WERE AUlOPSY FINDINGS AVAILABLE PRIOR 10 COMPLETION OF CAUSE OF DEATH? MANNER OF DEATH DATE OF INJURY (MOOIh. Day. Year) TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. /'a. 0 N...E'1 Yes 0 NoD Natural )3'" Accident 0 Suicide 0 HomiCide o o o ~'CE OF INJURY. AI home, '8';,':;981. factory, office buiktlng. etc. [Speedy) 300. Yes 0 NoD Pending investigation Could not be determined M. 3Oc. ... 28b. EATIFIEA lCheck only one) .CERTIFYING PHYSICIAN (PhYSICian certlfy'ng cause 01 death when anOlher phySICIan has pronounced dealh ana compleled!tem 23) To the beet of my knowledge, death occurred.Due to the cause(s) and manner ustated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2'. . PRONOUNCING AND CERTIFYING PHYSICIAN (PhYSICian both ptonouncln9 dealh and cerll!'y'lng 10 cause ot death) To the beet 01 my knowledgft. death oceurred at the lime. date. and plaee, and duelo the eause(.. and mann.r.. .'.Ied "MEDICAL EXAMINER/CORONER ~~~~:rb::I~::~~~~.I~~tl~~.a.n.~/o~ ~~~e~t.i~~ti~n: in ~y. ~~i.n.i~n: ~~~~~ ~~~~~~~~ ~~ ~~~ ~I~~,.~~t~: ~~~.~'a~~: ~~d.~~~ ~~ ~~~ ~~~~~~~).~~~ 0 I. AEGISTAA~'PM~, lol,h:i(i/~ I ,.~ ~e:?~.r LAST WILL AND TESTAMENT )..\',~5,~SS KNOW ALL MEN BY THESE PRESENTS, that I, ROSEMARY D. SIMMONS, currently residing in Camp Hill, Cumberland County, Commonwealth of Pennsylvania, being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I do hereby give unto the Church of the Good Shepherd, 3435 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, the sum of One Hundred ($100) Dollars for the saying .of Masses for the repose of my soul. THIRD: I give, devise and bequeath unto my nephew JOHN C. DODD, now of Glen Elg, Maryland and my niece SUSAN SIMCHOCK, now of Cape Cod, Massachusetts, all of my personal effects, clothing, furniture, dishes and jewelry in equal shares absolutely and in fee simple. My said niece and nephew shall be permitted to divide this property in such manner as they shall see fit. In the event of any disagreement, my Executor shall make the division of the items which are in dispute and that decision will be final. FOURTH: I give, devise and bequeath all the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate to JOHN C. DODD and SUSAN SIMCHOCK in equal shares, provided that if either of them fails to survive me then his or her share shall be divided per stirpes among his or her issue who shall survive me and further provided that if either JOHN C. DODD or SUSAN SIMCHOCK should predecease me without leaving issue who survive me, his or her share shall be distributed to the surviving niece or nephew as named in this Paragraph, or his or her issue per stirpes. O,l .' ". U :~... .. ~ . ;..... -' . . ~_ ;.; l.I -;P 4J) =,")1_)..:('; -'v 1...._ --' FIFTH: I hereby nominate, constitute, and appoint JOHN C. DODD, as Executor of this, my Last Will and Testament. In the event that JOHN C. DODD shal~ predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint the SUSAN SIM CHOCK as Executor without necessity for posting security regardless of state of residence, as Executor ofthis, my Last Will and Testament. All references to the Executor herein shall be applicable to said substitute Executor. SIXTH: My Executor shall have, in addition to the powers and authority conferred upon him by law, the following additi~nal powers and authority: 1. To sell at public or private sale, exchange, transfer, partition, give options upon, lease, mortgage, pledge or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executor. 3 . To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor may deem it wise, and even though such property is not the kind of property an Executor would purchase as an investment; and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in the Executor's own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor is necessary to obtain the benefit of any such reorganization, 11~ ~~~~7 2 consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to my Executor as owner of any securities constituting a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensation to the Executor which shall be in accordance with established fees throughout the period of administration of my estate. 7. To determine what is "income" and what is "principal" hereunder, and my Executor's decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor may determine. 8. The Executor may make payments to or on behalf of any person who is the beneficiary hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time my Executor shall think proper, and my Executor- shall have the power to do any and all things my Executor deems necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as my Executor shall deem best. -fr -J J 3 12. To do all other acts in my Executor's judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. SEVENTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, ROSEMARY D. SIMMONS, the Testator to this, my Last Will and Testament, typewritten on four sheets of paper which I have identified at the bottom of each p ge by my initials, hereunto set my hand and seal the / 9~ day of 2003. ,_:J - 7t4-L~/~J- ~;L~~ ROSEMARY D.$IMMONS / U The preceding instrument consisting of this and three other typewritten pages, each identified by the signature of the Testator, ROSEMARY D. SIMMONS, this day and date thereof signed, published and declared by ROSEMARY D. SIMMONS, the Testator therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. /x:1~/J/" 0;~kJkfL ~/JI4//~ ---~/tJ JJ 4 COMMONWEAL TH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND I, ROSEMARY D. SIMMONS, Testator, 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 my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed., 2-ro-< ~ ~ ~~ ROSEMARY D. IMMONS the Sworn or affirmed to and acknowledged before me by ROSEMARY D. SIMMONS, Testator, \c\""", day of ~~(eV"\'st< , 2003. . Notary~~ \?- ^-~ (SEAL) r=~~-. -- . 1\I~.i ,.:~; <"'" t .rm~:~~(~:,,~,:-;~!.~}'~~h',~:~~'!::: L My , ",::'"r'i;;;;~',,;~'i 2004 ---"..;.....__.....,'"..b_,'"-.'-~"'.,<..:..~:::..~ ::~,'_. ...~~:~,_->_~_ COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND We SUZAAJAJ~ E. ,8,eIGJ./7d/'-'- and O/f(,I/}) 1/ /3bc4 (f"f;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 Testator sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. /+/lL-C) /~hdxa Sworn or affirmed to and subscribed to before me by S~)''2.. o,V\V\e. [, &\t"1V\i ~d \ witnesses, this , Q.. ~ day of (SEAL) ()~ ~ (\~ Not;jy PublIc r'~"o'~"~-,~--~-,,,,~,,~__ I, . . Nota!"!;;;, S~o.i I r Jarnes R NJ0~6 ~i~G~'=.try p.,t~~r.... L f~ (~~,I::nt~^t:~;'~'~;'i.;D;~ {~~U'r1;~~~"."v .M,! ':'.~~':':~"::'.:~:~~~::21!S~ r,/:~::_~~.~~..::...... and ,2003.