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
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(COMPLETE IN ALL CASES:) MIICIr IIIltlitional ,"utI if Ift!CSfQry. ~:; ~ :;;
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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' :;;:"
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at CUMBERLAND CROSSINGS: {;;2 ~
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Decedent, then 91
years of age, died on DECEMBER 24, 2006
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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
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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
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Sipatu1't oj PU801fQ R6pr.untotive .,
File Number:..2J -Ol-ILD to
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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.
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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.
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W~RNING: It is illegal to duplicate this copy by photostat or photograph.
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Prank Yeropoli
State Registrar
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
Date
3993423
JAN 1 9 2007
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PBlMAIEJIT
BLACK II/l(
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KfrrHRYN
No.
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIRCATE OF DEATH STATE FILE NUMBER
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. 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.
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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.
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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
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. 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
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. 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.
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. 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.
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=O.~-TER
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. 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.
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WITNESS
Address:
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Address:
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. 113724
COUNTY OF CUMBERLAND
)
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)
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.
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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
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