HomeMy WebLinkAbout01-20-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
, Deceased
No. 21-06- OlP ^
I' ~ f/-. .J. Z - dJ. .3 0,5- c:.ij
Social Security No. 1 ~f-38-2305
Estate of Margaret M Kocher
also known as
Ben L Kocher and Frederick W Kocher
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[R] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 09/25/1997 and codicils dated 07/02/2003
Co-Executors
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:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente 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 Relationship Residence I
:~-,':-
~:} <J
. ....
,
.
[....~ ;
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 100 Mt Allen Drive, Upper Allen Township
(list street, number, and municipality)
-n
92
years of age, died
12/24/2005
at Messiah Village, Upper Allen Township, Cumberland County, PA
(Location)
Decedent, then
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
$
$
$
$
at:.;
~.5"u. C)rJ(') -
"
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 appropriate form to the undersigned:
Ben L Kocher
Typed or printed name and residence
1 Manor View Drive
Millersburg, PA 17061
717-692-3189
Frederick W Kocher
POBox 428
Elizabethville, PA 17023
-----'
~
717 -362-3482
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
[v
is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
,~,d 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.
No.
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Fee for this certificate. 56.00
P 11970421
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f.nOS.143 RM_ 2187
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
UlIIlER t 'VIR
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stAT. j:\'4U! MJMeEA
SOCIAL SECuAtTV NUMBER
Fema~ .. 16& 38 -
OATE OF OEA1'H,Mcmn. o.}. w,
Decernber24.2005
TYPE/PRiHT
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PERIlAHEHT
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1 00 Mt Allen Drive
Mechanicsburg, PA 17055
WUliam Hoke
Ben Kocher
Katie Koppenhaver
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1 ManoIView DrIve Mlllersbu
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Mlllersburg, PA 17061
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REGISTRAR'S SIGNARIAE ANONUUBEA
121.AI.:l.1 11q!
Commonwealth of Pennsylvania
County of Cumberland
before me this
~o
day of
Estate of
also known as
Oath of Personal Representative
21-06- 0 to;A
Margaret M Kocher
, Deceased
Social Security No: 166-38-2305
Date of Death:
12/24/2005
AND NOW,
JA-N'U-A1Zi 'W
, in consideration
,aovLP
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 00 Testamentary 0 of Administration
are hereby granted to Ben L Kocher and Frederick W Kocher, Co-Executors
(c.I.a.: d.b.n.c.l.a., pendente lite; durante absentia; durante minoritate)
in the above estate and that the instrument(s) dated
9/25/1997
7/2/2003
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters........ ................................. $
Short Certificate(s).....K.............. $
Renunciation............................... $
;>ftiiil<l"its ( )..W.l~........$
Extra Pages ( )......................$
CodiciL............. ............................ $
JCP Fee......... ............................$
AtrrD~
~......................................$
Other....... ................................... $
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Register of Wi
JWY1~c
Attorney:
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Allen W Shaffer
is ,DO
1.0. No:
7116
Address:
129 Market Street
/5.00
lO.DO
5..0D
Millersburg, PA 17061
Telephone4 717 -692-2345
E-Mail: cstoneroad@epix.net
TOTAL............................ $ Co ~ f[ ,00
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
kocherleon
1E&st Dill Club WC8tcrtttcut
I, MARGARET M. KOCHER, of Messiah Village,
Mechanicsburg, Pennsylvania, being of sound and disposing mind,
memory and understanding, hereby declare this instrument to be my
Last will and Testament, revoking any and all wills by me
heretofore made.
ITEM I.
PAYMENT OF DEBTS AND TAXES
A. My Co-Executors shall pay from my Estate, if, any~
all my just debts, the expenses of my last illness and funeral and
burial expenses and the expenses of the administration of my
Estate.
B. My Co-Executors shall pay all Estate, inheritance
transfer, succession and any other taxes, plus interest and
penalties thereon (hereafter "death taxes" or "tax"), which become
payable by reason of my death, whether in respect of property
passing under this Will or otherwise, out of the residue of my
Estate without reimbursement from the recipient and without
apportionment except any
tax on property of my Estate, for the
federal estate tax marital or charitable deduction.
C. My Co-Executors may, in the sole, absolute and
uncontrolled discretion of my Co-Executors,
elect to treat
administration expenses as federal income tax deductions or as
federal Estate tax deductions and elect the date on which the
properties constituting my Estate are valued for federal Estate tax
purposes, regardless of the resulting effect on other provisions of
my will.
In addition, my Co-Executors shall have the sole
discretionary authority to take any action and to make any election
to minimize the tax liabilities of my beneficiaries thereof. This
authority shall include, but shall not be limited to, the authority
to select assets to be sold by my Estate and to be distributed to
the various beneficiaries in a manner which will minimize the total
,
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(SEAL)
Page 1 of 5 Pages
\Margare t M. Kocher
income tax of the state and potential income taxes, determined as
the date of my death, of the various beneficiaries.
ITEM II.
I give my household furnishings, personal effects,
automobiles, and all other tangible personal property to my
husband, LEON E. KOCHER, if he survives me. If my husband does not
survive me, I give this property, in equal shares, unto my sons,
FREDRICK W. KOCHER and BEN L. KOCHER.
The property passing under
this paragraph does not include assets (other than passenger
automobiles) which my Co-Executors determine were held by me
primarily for business or investment purposes.
ITEM III.
I forgive any debts owed to me by my son, BEN L.
KOCHER.
ITEM IV.
I give:
A. the sum of $2,500.00, to the PEACE UNITED CHURCH OF
CHRIST, Berrysburg, Pennsylvania;
B. in the event my husband predeceases me, I g~ve:
1. to ORIENTAL MISSION SOCIETY, INTERNATIONAL,
with headquarters in Greenwood, Indiana, 5% of my
Estate; and
2. to MESSIAH VILLAGE, Grantville, Pennsylvania,
5% of my Estate.
These bequests shall be calculated after
deduction of debts, etc., as set forth in Item I-A
above.
C. the moneys, in checking and savings accounts in my
name only, but not including my funds in I.D.S., in equal
shares, unto my grandchildren, CHRISTOPHER W. KOCHER,
REBECCA L. KOCHER and MATTHEW B. KOCHER;
D. to my daughter-in-law, LINDA A. KOCHER (Fred's
wife) :
1. my yellow-gold round large amethyst stone
ring;
2. my 14K aquamarine large stone ring; and
3. my tear shaped stone aquamarine pendant;
E. to my granddaughter, REBECCA L. KOCHER,
daughter) :
(Ben's
1. my opal ring with diamonds;
2. my opal pendant with diamonds;
3. my opal earrings (no diamonds); and
4. all my colored glassware and all my dolls and
cradle;
F. to my great-granddaughter, JACQUELINE KOCHER,
(daughter of Christopher and Wanda), my 14K yellow gold
diamond cluster pendant - brilliant cut;
Page 2 of 5 Pages
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~argaret M. Kocher
(SEAL)
G. all of my music boxes and my manger set of olive
wood, to my grandson, MATTHEW B. KOCHER;
H. to my daughter-in-law, LINDA M. KOCHER,
wife) :
(Ben's
1. my Emerald ring and earrings;
2. my Ruby ring and earrings with
diamonds; and
3. one string of pearls (all the same size);
I. to my grandson, MATTHEW B. KOCHER, my 14K yellow
gold ring wi th large brilliant cut diamond; provided,
however, this ring shall be held in Trust by his parents
and shall be delivered to him when he is 21 years of age;
J. to my granddaughter, REBECCA L. KOCHER, my good
jewelry; provided, however this jewelry shall be held in
Trust by her parents and shall be delivered to her when
she is 21 years of age; and
K. to my granddaughter-in-law, WANDA
(Christopher's wife), my diamond dinner ring.
KOCHER,
ITEM V.
In the event my husband survives me:
A. I give, from the residue of my Estate, a sum equal to
the maximum amount of the federal unified credit
allowable, unto COMMUNITY BANKS, N.A., IN TRUST,
nevertheless, for the following uses and purposes:
1 . to pay the income to, or for the care and
maintenance, of my husband, LEON E. KOCHER, during
his lifetime;
2. my Trustee shall have the following powers in
addition to those vested in it by law and by other
provisions of my will:
a. to retain any or all of the assets
of my Estate, real or personal, without
regard to any principle of
diversification or risk;
b. to invest in all forms of property,
including stock, common trust funds and
mortgage investment funds whether
operated without restriction to
investments authorized for pennsyl vania
fiduciaries, as they deem proper, without
regard to any principle of
diversification or risk;
c. to sell at public or private sale,
to exchange or to lease, for any period
of time, any real or personal property
and to give options for sales, exchanges
or leases, for such prices and upon such
terms and conditions as they deem proper;
d. to allocate receipts and expenses to
principal or income or partly to each as
they, from time to time, think proper;
e. to hold property in their names
without designation of any fiduciary
capacity or in the name of a nominee or
unregistered;
Page 3 of 5 Pages
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Margaret M. Kocher
(SEAL)
f. to compromise
controversy;
any
claim
or
g. to exercise any option, right or
privilege granted in insurance policies
or in other investments;
h. to carryon any business owned or
controlled by me at my death for whatever
period of time they shall think proper,
and they shall have the power to do any
and all things they deem necessary or
appropriate, as freely as I might in my
lifetime;
1.. to borrow money even if the lender
is also a fiduciary herein named and to
pledge or mortgage any asset or assets of
my Estate, for the payment of taxes,
debts, legacies, administration expenses
or any other purpose which in the opinion
of my executor will facilitate the
administration of my Estate;
J. to abandon, disclaim and dispose of
any property which in their opinion shall
be worthless to my Estate;
k. to trea t admini s tra ti ve or 0 ther
expenses and debts of my Estate either as
income tax or as Estate tax deductions,
without regard to whether such expense or
debts were paid from principal or income;
1. to pay general legacies and any
residuary share in kind or in cash, or
partly in each, or by way of undivided
interests, even if shares or residue
shall be composed of difference assets,
and the valuations placed on assets by
them for purposed of distribution in kind
shall be conclusive.
3. Upon the death of my husband, LEON E. KOCHER,
the balance of the Trust shall be distributed, in
equal shares, unto my sons, FREDRICK W. KOCHER and
BEN L. KOCHER, or their issue per stirpes; and
4. I hereby nomina te, cons ti tu te and appoin t
COMMUNITY BANKS, N. A., as Trus tee of any Trus ts
herein created.
B. I give all the rest, residue and remainder of my
Estate, real, personal or mixed, of whatsoever nature and
wheresoever s i tua te, un to my husband, LEON E. KOCHER, and
hereby nominate, constitute and appoint him as Executor
of this, my Last will and Testament.
ITEM VI.
In the even t my husband, LEON E. KOCHER, shoul d
predecease me or we should both die in a common disaster, then:
A. I give all the rest, residue and remainder of my
Estate, real, personal and mixed, of whatsoever nature
and wheresoever situate, in equal shares, unto my
children, FREDRICK W. KOCHER and BEN L. KOCHER, or their
issue per stirpes; and
Page 4 of 5 Pages
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Margare t M. Kocher
(SEAL)
B. I hereby nominate, constitute and appoint my sons,
FREDRICK W. KOCHER and BEN L. KOCHER, as Co-Executors of
this, my Last will and Testament.
ITEM VII.
I request that my Executor or Co-Executors, retain
Allen Shaffer, Esquire, as Attorney for my Estate.
ITEM VIII.
I direct that my Executor or Co-Executors, shall not
be required to give bond for the fai thful performance of their
duties in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
this my Last will and Testament, consisting of five (5) typewritten
--ZZ...
pages, bearing my signature, this~~ day of September, A.D. 1997.
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(\ ll! I "h,/..J jll1 i ^-- ~>" (SEAL)
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Margaret M. Kocher -
Page
of 5 Pages
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Before me,
the undersigned authority, on this day
personally appeared
TESTATOR:
MARGARET M. KOCHER
WITNESS:
ALLEN SHAFFER
WITNESS:
ANGELA A. WIEST
known to me to be the Testator and the Witnesses, respectively,
whose names are subscribed in their respective capacities, and, all
of said persons being by me first duly sworn, said MARGARET M.
KOCHER, Testator, declared to me and to the said Witnesses in my
presence that said instrument is her Last Will and Testament, and
that she willingly made and executed it as her free and voluntary
act and deed for the purposes therein expressed; and that said
Witnesses, each on her oath stated to me, in the presence and
hearing of said Testator, that the said Testator had declared to
them that said instrument is her Last will and Testament, and that
she 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
they did sign the same as wi tnesses in the presence of said
Testator, and at her request and that said Testator was at that
time over the age of 18 years and was of sound mind.
"
-lc'(",c l
(SEAL)
(SEAL)
j
Sworn to and subscribed before me by MARGARET M. KOCHER, ALLEN
SHAFFER and ANGELA A. WIEST, the above-named Testator and
Witnesses, this ~.~~ day of September, A..D.. 1.~97. /) N
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NotaAY Public .
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/\/OrARIAL SEAL
JUC1Y L PAUL, NotalV PUb!lc
~~II,"r$burg, Dau:>hln CCl'l"!ty
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CODICIL TO LAST WILL
I, MARGARET M. KOCHER, of Messiah Village, Mechanicsburg,
Cumberland County, Pennsylvania, do hereby make, publish and
declare this to be a Codicil to my Last Will and Testament, dated
the day of September 25, 1997.
I do hereby modify and amend my said Last Will and Testament
in the following manner:
FIRST:
I hereby amend ITEM V. A. 3., of my Last Will and Testament
as follows:
ITEM V.A.
3. Upon the death of my husband, LEON E. KOCHER, the
balance of the Trust shall be distributed as
follows:
a. to my son, BEN L. KOCHER, the sum of
$500,000.00. This is meant to be an amount
equal to the sum I gave my son, Fredrick W.
Kocher, in July 2003.
b. the remainder shall be distributed in equal
shares, unto my sons, FREDRICK W. KOCHER and
BEN L. KOCHER, or their issue per stirpes;
SECOND:
I hereby amend Item VI, of my Last Will and
Testament as follows:
ITEM VI.
In the event my husband, LEON E. KOCHER, should
predecease me or we should both die in a common disaster,
then:
A. If my son, BEN L. KOCHER, does nqt recei ve the
amount designated for him under ITEM V.A.3., as
amended above, of the Trust provided for in my
Will, then I gi ve him such amount herein so tha t he
receives the total amount designated for him under
ITEM V.A.3. set forth above.
B. I give all the rest, residue and remainder of my
Esta te, real, personal and mixed, of wha tsoever
nature and wheresoever situate, in equal shares,
unto my sons, FREDRICK W. KOCHER and BEN L. KOCHER,
or their issue per stirpes; and
C.
I hereby
FREDRICK
Executors
nominate, constitute and appoint my sons,
W. KOCHER and BEN L. KOCKER, as Co-
of this my Last Will and Testament.
this
1997,
this
Otherwise and except as herein-provided, I hereby
confirm, ratify and republish my said Last Will and
Testament, dated September 25, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
Codicil to my Last Will and Testament dated September 25,
consisting of one (1) typewritten page, bearing my signature,
;2/'/) day of July, 2003.
THIRD:
WITNESSES:
Htttauvv
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.Margeret M. Kocher
(SEAL)
Page 1 of 1 Pages
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Before me, the undersigned authority, on this day
personally appeared
TESTATOR:
MARGARET M. KOCHER
WITNESS:
JENNIFER
STAVER
WITNESS:
NANCY B. STACKPOLE
known to me to be the Testatrix and the Witnesses, respectively,
whose names are subscribed in their respective capacities, and, all
of said persons being by me first duly sworn, said MARGARET M.
KOCHER, Testatrix, declared to me and to the said Witnesses in my
presence that said instrument is her Codicil to Last will and
Testament, and that she willingly made and executed it as her free
and voluntary act and deed for the purposes therein expressed; and
that said Witnesses, each on her oath stated to me, in the
presence and hearing of said Testatrix, that the said Testatrix had
declared to them that said instrument is her Codicil to Last Will
and Testament, and that she 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 they did sign the same as Witnesses in
the presence of said Testatrix, and at her request and that said
Testatrix was at that time over the age of 18 years and was of
sound mind.
)/1(LLfc:~ ;h,( :-1~dUAJ (SEAL)
Margaret M. Kocher
(SEAL)
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Witness R
(SEAL)
Sworn to and subscribed before me by MARGARET M. KOCHER,
JENNIFER STAVER and NANCY B. STACKPOLE () , the above-named
Testatrix and Witnesses, this &lfrb day of ~~, A.D. 2003.
(!~ ~~~-~
Notary 'Public
Not;ma.! Seal
ConSl; ,ce E. Stone road, Notary Public
MillOfSburg Bora, Dauphin County
My Commission Expires May 10,2004