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Home My WebLink About02-22-06 Oath of Personal Representative Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS f Estate of Phyllis H Kough No. 21-06- l & ) also known as , Deceased Social Security No. 210-26-9799 Linda K. Webber and Karen K. Kough Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrices the Decedent, dated 08/15/1989 and codicils dated 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: Decedent was married to Karl B. Kough. He died on 06/04/1988. o B. Grant of Letters of Pdministration (c.t.a; d.b.n.c.la; 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 Relationsh~ Residence I (COMPLETE IN ALL CASES:) Atach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 317 Bulls Head Road, Newville, PA 17241 ' N. Newton Township, Cumberland (list street, number, and mumcipality) Decedent, then 75 - years of age, died 02/14/2006 at 317 Bulls Head Road, Newvil~, PA 17241 (Location) 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 $ 150,000.00 situated as follows: 317 Bulls Head Road, North Newton Twp. Cumberland Co., PA, containing 4.75 acres. 20,000.00 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: Signature )"1 ()? f'" {U~tJ-__ Linda K. Webber Typed or printed name and residence 319 Bulls Head Road Newville, PA 17241 Karen K. Kough 314 McAllister Church Road Carlisle, PA 17013 Prepared by the Pennsylvania Bar Association Copyrigtt (c) 2004 form software only The Lackner Group, Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania 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 tie 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. {:(fJ,VIA &'>1 A tlt<-- rf7u1 ()J t1 ~. For the Register ~. , Jt1 ~ r Nc. ~. :i~~ ~L~Lt C/U da K. Webb . ~ / ~'^/~. ~ en K. Koug Sworn to or affirmed and subscribed o ,.;~ before me this c^ a day of L 21-06- llp~ Estate of Phyllis H Kough , Deceased also known as Social Security No: 210-26-9799 Date of Death: 02/14/2006 r-e j 17 A' t~ ",'lj d d rv cl , of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [!] Testamentary D of Administration AND NOW, zozJ 1, , in consideration (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Linda K. Webber and Karen K. Kough, Executrices in the above estate and that the instrument(s) dated 8/15/1989 described in the Petition be admitted to probate. and filled of record as th~ I~sh ~II of Jfeced~ent.. /'> .J. .) L FEES ," ). rfl) ~ cflJ~ 1 f7b: ~/f Ct6 ~7 ~ Letters..........................................$ ;z ft:. {" C .(/.? "JY/ ~ Regi5ter of Wi s Short Certificate(s)........5......... $ ;2 () r 0 i)../J () ~ ~r1.~ Ro::rlullclanon......0//.U............. $ I 5'. (5) Attorney: Richard L Webber, Jr., squire Affidavits ( )...........................$ I.D. No: 49634 Weigle & Associates, P.C. 126 East King Street Extra Pages ( )......................$ Address: Codicil.......................................... $ JCP Fee.......................................$ 10. [)tJ Shippensburg, PA 17257 Telephone: 717-532-7388 weigleattywebber@earthlink.net Inventory...................................... $ E-Mail: Other.......................... ........ ..........$ bot 0 TOT AL............................ $ ,J / {) , Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group. Inc. Form RW-1(1991) 1JiClgl mill Clnb ffieslClmenl OF PHYLLIS H. KOUGH I, PHYLLIS H. KOUGH, of North Newton Township, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, in manner and form following: 1. I hereby expressly revoke all Wills and Codicils heretofore made by me. 2. I hereby direct my Executrices to pay all my just debts, funeral and administrative expenses out of my estate, as soon as practicable after my death. 3. I direct that all taxes that may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed shall be paid out of my estate as a part of the administration of my estate. 4. I give, devise and bequeath the remainder of my estate of whatever natu~e and wherever situate to my daughters, Linda K. Webber and Karen K. Kough. Should either of my said daughters predecease me or die on or before the thirtieth day following my death, her share shall be distributed to the surviving daughter. I sincerely request that my daughters, Linda K. 'Webber and Karen K. Kough, maintain and care for my son, John M. Kough, for the rest of his life. Should both of my daughters predecease me or 1 die on or before the thirtieth day following my death, the remainder of my estate shall be distributed to Dauphin Deposit Bank and Trust Company, IN TRUST, for the benefit of my son, John M. Kough, under the terms of Paragraph 5 hereafter set forth. 5. I nominate and appoint Dauphin Deposit Bank and Trust Company, Carlisle, PA, Trustee of the share of any beneficiary who may be under the age of twenty-two years, or who may be adjudicated incompetent. The income and/or principal of said trust may be accumulated or expended for the maintenance, education and support of such beneficiary as my Trustee in its sole discretion may determine; and my Trustee, in the expenditure of income and/or principal for such purposes, may, at its discretion, apply the same directly without the intervention of a guardian or pay the same to any person having the care or control of said beneficiary or with whom the beneficiary resides, without duty on the part of the Trustee to supervise or inquire into the application of the funds by any person to whom any payment is so made. The balance of such income and/or principal shall be paid to such benefi.ciary upon reaching the age of twenty-two years or attaining competency, or to such beneficiary's estate in the event of death prior thereto. 6. I nominate and appoint my daughters, Linda K. Webber and Karen K. Kough, as Executrices of this my Last Will and 2 <.,~._.,--,...._. ~~.."~:,.,:'.,".-;7""::';::7.;;:",:,."':;;Wi..W.;:I:;"li;J~~c;.,;",,,::tr";,;;r,",Iio__~-"_________ '-"'-,-,,,.- Testament; and as substitute Executor I nominate and appoint Dauphin Deposit Bank and Trust Company, Carlisle, PA. 7. I direct that my personal representatives and Trustee shall serve as such without the necessity of filing bond or security in any jurisdiction. 8. In addition to the powers above provided for and those given my law, my personal representative and Trustee, without any order of court and in their sole discretion, may: A. Retain any property owned by me at my death and any form of life insurance, annuity or endowment policies; and in so doing they may act without restriction to so- called legal investments and without responsibility for diversification. B. Repair, alter, improve or lease, for any period of time, any property, and give options for leases. C. Sell at public or private sale, for cash or credit, with or without security, exchange or partition property and give options for sales or exchanges. D. Borrow money from any person, including my Executor or Trustee, and mortgage or pledge any property. E. Compromise Claims. F. Pay premiums on any life insurance, annuity or endowment policies which may have been retained or purchased herein; and exercise any right, option or privilege thereunder. G. Vary or retain investments, when deemed desirable by Trustee, and invest in such bonds, stocks (including bank stock of the Dauphin Deposit Bank and Trust Company), notes, real estate mortgages or securities, common or diversified trust funds, or in such other property, real or personal, as Trustee shall deem wise, without being restricted to so-called "legal investments." 3 H. Place and carry any asset of the trust in the name of a nominee. I. Make distribution in cash or in kind or partly in each. J. Terminate said trust prior to the time designated herein, if, in the opinion of Trustee, the said trust res, together with accumulated interest, has diminished to the point that it is no longer economical or feasible to continue said trust. K. In the event that Dauphin Deposit Bank and Trust Company shall serve either as my Executor, my Trustee or both, I direct that said corporate fiduciary shall be compensated for the services which it renders in accordance with its prevailing schedule of fees in effect during the time when said services are rendered. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of August, 1989. 'Ph~f~'~:' ~ii~;-~r[ (SEAL) (j WITNESS: ~~~L ,r~ 4 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND I, Phyllis H. Kough, 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 my Last Willi that I signed it willinglYi and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by Phyllis H. Kough, Testatrix, this 15th day of August, 1989. - "-') , ..- j/ / <' ,., ~I ", /.' ' .. 'T-e~Jt~l.{ f~ ,,') ,- , ,'I A.t.< , E~~/'" / CiULI.Jii.ll 0r'"'., fI!t ,~U I NOTARIAL SEAL LAURA A. BISTLINE, Notary Public Ca~li~le, Cumberland County My Commlssl0n Expires March 26, 1993 5 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND We, Roger M. Morgenthal and Janice E. Hertzler , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we wer.e present and saw Testatrix, Phyllis H. Kough, 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 Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constralnt or undue influence. Sworn or affirmed Roger M. Morgenthal witnesses, this 15th to and subscribed to before me by and Janice E. Hertzler day of August , 1989. /7H.l~ Wi tnfs. w':~~'~ ~(-0 (. \ .1_ r \ \-':::', 11._ Vi ;"',. ~~ ~ 111 /l 6 jll/ , ./ ,L L 1 r( _ t. f, i ') L.;I / f [ ,L -'l r NOTARIAL SEAL LAURA ^.. erSTLINE. Notary Pub1 ic Ca~ll~le. Cumberland County My Commlsslon Expires March 26: 19q3 _._J 5