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HomeMy WebLinkAbout02-21-07 FEB-16-2007 10:44 PNC BANK 717 730 2254 P.02/05 PETITION FOR PROBATE AND GRANT OF LBTTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PE~SYLVANIA File Number d J - () 1- IlJJ (p Estate of KA11IR.YN O. KISTER also known as . Deceased Social Security Number 1~0-16.937S Petitioner(s), who islare 18 years of age or older, apply(ics) for: (COMPLETE ~' Dr'll' BELOW:) ~ A. Problit Ind Grant oflAtten T....me.tlry and aver that Petitioner(s) is I are the PNC BANK. NA last Will oflbe Decedent dated MARCH 22,2001 and codicil(s) dated named in the (Stak reln""t ciTcrnruliDlces. r.g., rrnrurc;alion, aBlllh 01 arcutor, etc.) Except as follows, Decedent did not marry, was not div<<eed, and did not have a child born or adopted after execu<<.:m of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [] B. Gnat ofLetten of Adminlltnden (lfopplictJble. enler: C.I.a.; d b.n.c.t. a.; pendenre lile; duranl, abs,1tIiei;. awtmte minoritale) Petitioner(s) after a proper scarcl1 bas I have ascertained that Decedent left: no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.h,n.c.l.a., enter date o/WiIl;n Sselion A above and complete list o/heirs.) Name Relationship Residence : . . o = c- c:;) (COMPLETE IN ALL CASES:) MIICIr IIIltlitional ,"utI if Ift!CSfQry. ~:; ~ :;; ~--o M Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his I her last prin'~ipal~Qe at OJ ONE LaNGSDORF WAY. ('ART ISLE. SOUTH MIDDLETON TOWNSHIP. PA 17013 .. ..~. ?: C8 N (Lists"..t arJdru.r, trnmIciO', tawlVldp, cDll1lly. sltlk. zip code) . '., if' :;;:" J (-, (-) at CUMBERLAND CROSSINGS: {;;2 ~ .:0 I ,~. ) .... .J . ..~! f-~. i ::T:-~ Decedent, then 91 years of age, died on DECEMBER 24, 2006 ~.~) C) -' --+-1 , . ~.....::.- -0 ::JC I}( N OJ . ::ce.:; Decedent at death owned propaty with estimated values as follows: (Ifdomici1ed in PAl All personal property (If not domioiled in P A) Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value ofreal estate in PCMsylvania ] 1,000.00 $ S S $ situated as follows: WhClrefo~ Petitioner(s) respedfully requesl(s) the probate of the lest Will and CodiciJ(s) presented with this Petition and the ~Ilt ofLctters in the appropriate fonn to the Undersigned: :: T or rinted name and residence \\~ PNC BANK., NA BY: LINDA J. LUNDBERG. VICE PRESIDENT PO BOX 308, CAMP HILL, PA 17001-0308 Form RW-02 rev. /0.13.06 Page lof2 FEB-16-2007 10:45 PNC BANK 717 730 2254 P.03/05 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing Petition arc: true and correct to the best of the knowledge and beliefofPetitioner(s) and that, as personal represcntativc(s) of the Decedent, Petitipner(s) will well and tnJly administer the estate according to law. Sworn to or affirmed and subscribed before me the /J l'OT day of dOOr ,~c... ~~\l..,utar ' ~~~_\,~. Sipatu1't oj PU801fQ R6pr.untotive ., File Number:..2J -Ol-ILD to \. :> ~~ J-o 11 lvO '~~ ,2;~3~ ~J::a --1 ~ r--.:> c=;:I '-'"' -..I -,., rr1 co N -', ; .- "',1 'i:_:-~ :~~ .' I i --~-" r" i \ ("'1'.-1 ~-:! C) -0 ::c: (-:' (:-) -. ; -~l _ -,1 t'-' .-"" ......".-... ~, '.'7. '.._ ~) , I" N co c.... Estate of KATHRYN O. KISTER /Deceased Social Security Number: 160-16-9375 Date ofDeath:DECEMBER2~,2006 AND NOW, ~~ d-,I . ;loci' . in consideration afth. faregainH,'. 'Petition, satisfactory proof having been presented before me, IT DECREED that Letters TESTAMENTARY , are hereby granted to PNC BANK. NA in the above estate and that the instrument(s) dated MARCH 22, 2001 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) ofl)ecedent. ~~~ . . 0,""< .... JA~ rQ"'~ ~ .. .-~--_.~ Attorney Signature: '" FEES Letters ............... $ Short Certiticate(s) . . . . . . . . $ Renunciation(s) .......... $ WILL FEE .. . $ JCP FEE . . . $ AUTOMATION FEE . . . $ ... $ ...$ ...$ ... $ ...$ ...$ TOTAL...... .. ...... $ 60.00 20.00 15.00 10.00 5.00 Attorney Name: DUKE SCHNEIDER, ESQUIRE Supreme Court I.O. No.: 60564 Address: MacElree Harvev. Ltd. 17 W. Miner Street West Chester, PA 19382 Telephone: 610.840.0238 110.00 Form RW-Ol 'n.10.13.06 Page 2 of2 H105.905 REV.(6/06) This is to cenify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. \ . "".-:....i:::'",...._-~+<' W~RNING: It is illegal to duplicate this copy by photostat or photograph. ~ (!~~ lf~l Prank Yeropoli State Registrar Calvin B. Johnson, M.D., M.P.H. Secretary of Health Date 3993423 JAN 1 9 2007 Rf'HI~l~ PBlMAIEJIT BLACK II/l( 1. Namtoflleo:tdtnl(F'nt..-.1osl) KfrrHRYN No. COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIRCATE OF DEATH STATE FILE NUMBER 3. _SoturiIyNu_ lJ Cttm&le/..I1A/D 11. _.u... l<h:Iof_ ()/l'J II. -.IoloIng_ ~ cI\'IIDWn. ...... q,-I / /...oNe S7.)oteF w;9Y (!AlfJ..isJ.f, PA II. ~. Namt(F'nt.-.1osl) F'R AN iJ.. 200. .......-. Nome (T","",,*,Q of__ .... of ... do noI_ Kind of Bus_ndustry . -04>"/ HomI 0 _.... 0 0Ihw. 10. RIce: American IdIn, fIIcII. Whit..IIc. ($poaJJl {.{j HirE 15. Slr.ItIIInQ Spo_ (hllo. tito nwiden ....) J l(N3 171>. CounIy (l.f.Jmn.r/l L /JAJO ::~ 11ckv",~Uwd" St>UTf-I M h'\'l\L Er-OIl/Totp. T owns/Il11 11d.D No.Ooc_Uvod_ ActuoI UmIs of CIy.tlooo 19. Molhor'II....(FiIIt._.......u.....1 MARiON 1I1..FrE/..FiA/t;E~ 2llb. -....~-lSlrool,cIy/Iawn._.li>codo) OYLl;~ Kit rn R. I{ 1/ Lv ER T fiJ en ::> en :!; 'i-"f c;,., (N}uf. y R O;t D SIfa>>1AAJS Dnu PA 21.. PIsco 01 ~n (Homo ofcomolory...1m01OIy ..-_OIl l3F 1-1 eh/YImte 22c. _and_ofFICIIy W - O,(!V I~U klM 24, T1ma"'~ Ilood (MorIIl. dly. ~ ; 9(15 II. CAUSE OF DEATH (100 -..............., _v. Poll t ElII.-1IlIIGIIIiI.aI.IIlI! -__....... "'~_-Ihal cIIroc:lIy_1IlII_. DO MOT .....1_...... """......... lOIIIhbY....or___~**'vY.IXlNOT_ EnlorOflly....~ ===~ · tI (YJ o...'JI"U , ~ It.s rY") . Due 10 (or.. a_all () ~"'-..any. =,:::,-~c::-a. Due 10 (l"'U__aII: (dls-.orJrPy.... _1IlII _...... in _I LASI'. : .........10_: :...,... PartY: __-__1011Io.. 2lI. DilTobaccaUsoCootrWoIoDoalh? bulno1......ln...~__inPal\I. 0 V. C ~ DNo ~ 25. ~~_I-'_ e .....nt..1Imo of_ e 110I ___ bOJI prognonI_ 42 dIys .,- e 110I___ buI_nt 43daJs 10 1 yaar -- a u_r__1IIopaslyoor 32c. PIocD of~: Homo. Fonn, SlrooI, FacIory, 0IIc0 BuUng,o<c. (~ Dualofor.a__aII: D. _..JIIIcIloy - d 3Ob. _~FiIldingII __IO~ oICIuoooflloallJ:l..-" o v.. ~ 32d. TOM of Injul)' 31.~ ~I e Hamicido o _ 0 PondIna~ o SUIcido 0 Could Not eo 0_ 32a. Dolo of I..., (MorIIl. day. yow) a v. II. I- Z w Cl w ~ u. o /.lJ ~ 331. _ (c/Iodl only ono) ==~==:'~Iho":..r""':i"::'::,*~and""""""~~~____,__.__,_,._....___._1!r""" -~ and 0IIltIytng phpIcIon (I'hysiciIn _.......ncing _ and cortIIyIng 10 causD 01_) roll1O_oI.., _III. _ __ .1110-' data,... placo, and""lO IIIocalllO(.,... _II _____.__________-0 1IIIIcII_ ~__ 00"_01__ 3S. and loi'I "lOll" I.; I (See Instructions and examples on reverse) C) ~o ..,"- ::IJ '; =-0 ,.LC) .;~~ -, ?-<~) ',,<.'.7-::! t'1 ,~..-I "....-_.. , .:0 ::"r.J -4 -~".;;. 32g. lDc:a1fan (SOoaI. ciiy,lown,_l "-:> C;;) <:::> -..I .." f'"T1 CO N ,,' J ~t~ _,-.J :7~: \.........,1 -0 :x N N CO . 113724 Last Will of KATHRYN O. KISTER I, KATHRYN O. KISTER, of Carlisle, Cumberland County, Pennsylvania, make this Will and revoke all of my prior wills and codicils. Article One My Family I am married and my spouse's name is PAUL D. KISTER. All references to "my spouse" in my Will are to him. o :0 j~ ~<8~ " ./ :ij ---j . j )~-.:a I have no children, living or deceased. Article Two Distribution of My Property Section 1. Pour-Over to My Living Trust All of my property of whatever nature and kind, wherever situated, shall be distributed to my revocable living trust. The name of my trust is: PNC BANK, NATIONAL ASSOCIATION, sole Trustee, or their successors in trust, under the KATHRYN O. KISTER LIVING TRUST, dated June 4, 1997, and any amendments thereto. 1 1"-.) C~ c:.:> -...I -r} jrl co N -0 -- -- 1"'..) N CD ~ . 113724 Section 2. Alternate Disposition If my revocable living trust is not in effect at my death for any reason whatsoever, then all of my property shall be disposed of under the terms of my revocable living trust as if it were in full force and effect on the date of my death. Section 3. Testamentary Trust If my spouse survives me, I authorize my personal representative, in my personal representative's sole and absolute discretion, to establish, with the assets of my probate estate, if any, or with any property distributed to my personal representative from my Trustee, a testamentary trust (or trusts) for the benefit of my spouse and my other beneficiaries under the same terms and conditions of my revocable living trust as it exists at the date of my death. I appoint the Trustee and successor Trustee named in my revocable living trust as the Trustee and successor Trustee of my testamentary trust(s). The Trustee of my testamentary trust(s) shall have all the administrative and investment powers given to my Trustee in my revocable living trust and any other powers granted by law. My Trustee shall be under no obligation to distribute property directly to my personal representative, but rather may distribute such property directly to the Trustee of the testamentary trust(s). Any property distributed to my testamentary trust(s) by the Trustee of my revocable living trust shall be distributed by the Trustee of my testamentary trust( s) in accordance with the terms and conditions of my revocable living trust as it exists on the date of my death. Article Three Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate, as well as any powers set forth in the statutes in the Commonwealth of Pennsylvania relating to the powers of fiduciaries. 2 ~ . 113724 Article Four Payment of Expenses and Taxes and Tax Elections Section 1. Cooperating with the Trustee of My Living Trust I direct my personal representative to consult with the Trustee of my revocable living trust to determine whether any expense or tax shall be paid from my trust or from my probate estate. Section 2. Tax Elections My personal representative, in its sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. My personal representative, in its sole and absolute discretion, may elect to have all, none, or part of the property comprising my estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b )(7) of the Internal Revenue Code. My personal representative shall not be liable to any person for decisions made in good faith under this Section. Section 3. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death and which are incurred as a result of property passing under the terms of my revocable living trust or through my probate estate shall be paid without apportionment and without reimbursement from any person. However, expenses and claims, and all estate, inheritance, and death taxes assessed with regard to property passing outside of my revocable living trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the persons receiving such property. 3 r . 113724 Article Five Appointment of My Personal Representative Section 1. Appointment of my Personal Representative I appoint PNC BANK, NATIONAL ASSOCIATION to be my personal representative. Section 2. Compensation of Personal Representative I direct that my personal representatives not be required to furnish bond, surety, or other security. My Corporate Trustee shall be entitled to compensation for its services in accordance with its standard schedule of charges currently in effect at the time its services are called upon from time to time during the period over which such services are performed. Section 3. Concerning Self-Dealing, et al. No rule of law against self-dealing, divided loyalty, or conflict of interest shall be applied to render any transaction effected by the fiduciaries void, voidable, or otherwise subject to attack solely for violation of such rule, nor shall the fiduciaries incur any liability, nor shall any fiduciary commissions for acting hereunder be reduced, solely for violation of such rule. Any transaction which involves self-dealing, divided loyalty, or conflict of interest by the fiduciaries shall be judged by the rules of law which would apply to the same transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or conflict of interest. Thus, by way of illustration and not of limitation, all fiduciaries are authorized, without giving any notice required by statute, to: 1. Employ and compensate any fiduciary or any affiliate as broker, agent, or professional advisor for any purpose. 2. Borrow from the commercial department of any corporate fiduciary or any affiliate at current interest rates. 4 ~ ,--.~~":,,,::,;, . 113724 3. Buy, retain, and sell any debt or equity security issued or underwritten by any corporate fiduciary or any affiliate and any debt security secured, supported, and/or otherwise enhanced by a letter of credit issued by any corporate fiduciary or any affiliate. 4. Buy, retain, and sell any security of any investment company or trust registered under the Investment Company Act of 1940 to which any corporate fiduciary or any affiliate renders services for compensation. 5. Buy property from or sell property to any beneficiary or fiduciary acting hereunder or otherwise on arm's length terms. An "affiliate" means any entity which owns, directly or indirectly, an interest in any corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly or indirectly, and any entity in common control with any corporate fiduciary. I have initialed all of the pages of this Will, and have signed it on March 22, 2001. ~ ~ {f .~ =O.~-TER 5 ~ . 113724 The foregoing Will was, on the day and year written above, published and declared by KATHRYN O. KISTER in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses and have initialed each page. We declare that at the time of our attestation of this Will, KATHRYN O. KISTER was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. ~b~ WITNESS Address: tveJ"-~'~J FA- I ~-~ WITNESS Address: /HtcAa",ocs ''(J, t4L. 6 J ~. . 113724 COUNTY OF CUMBERLAND ) ) ss. ) COMMONWEALTH OF PENNSYLVANIA We, KATHRYN O. KISTER, D(/I(6 .S~H'NB//)cR.., and J)41/1~ 4. .B120W II.! , the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of the witnesses, signed the instrument as her last Will, that she signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. ~tJ~ KATHR . KISTER ~~~ WIlNESS ~~ WITNESS Subscribed and sworn before me by KATHRYN O. KISTER, the Testatrix, and by ZVKG S:::#Ale-/~8~ and MY/I) 4 l],kJkJN , the witnesses, on March 22, 2001. ~~t1 /~~-) /NOTARY PUBLIC Notarial Seal Stevonna A. Coleman, Notary Public Hampden Twp., Cumberland County My Commission Expires July 12, 2004 Member, PennsylVania AssoCiation of NotarieS 7 {/I