HomeMy WebLinkAbout07-27-07
PETITION FOR PROBATE AND GRANT OF LETTERS
COUNTY, PENNSYLVANIA
File Number 21-- 0,> OllO
REGISTER OF WILLS OF
CUMBERLAND
Estate of William Dean Matter
also known as
, Deceased
Social Security Number
176-32-5575
Jane w. Kohn
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW)
~ A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executor
last Will of the Decedent, dated 06/23/2003 and codicil(s) dated
named in the
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 instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
D B. Grant of Letters of Administration
(If applicable, enter: c.I.a.; d.b.n.c.ta.; pedente lite; durante absentia; durante mmontate)
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(1f
AdministratIon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
Relationship
Residence
...,."--:"'1
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal resid~Ate at
803 N Hanover Street, Carlisle, Cumberland, PA 17013
(List street address, town/city, township, county, state, zip code)
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Decedent, then 76 years of age, died on 04/10/2007 at
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 $
situated as follows:
2,100.00
0.00
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:
Jane W. Kohn
Typed or printed name and residence
4512 Fargreen Road
Harrisburg, PA 17110
Signature
x
Form RW-02 Rev. 10-13-2006
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of2
Oath of Personal Representative
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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
the 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.
Sworn to or affirmed and subscribed
before me this _~ 0L day of
7" ~ )L~
Signature of Per al Representative Jane . Kohn
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Signature of Personal Representative
Signature of Personal Representative
File Number:
21-- 0'1 - OliO
Estate of William Dean Matter
Social Security Number:
176-32-5575
04/10/2007
, Deceased
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Date of Death:
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AND NOW~..)..'>.\~ ,.:).-,
having been presented be ore me, IT IS DECREED that Letters
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, in consideration of the foregoing Petition,s~fact~proof' .
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Testamentary
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are hereby granted to Jane W. Kohn
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in the ~~ove estate--
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and that the instrument(s) dated 06/23/2003
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters..... ........... ...... ..... ...n. ..... .... $
20.CD
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Short Certificate(s~....................... $
Renunciation(s)............................. $
Attorney Signature:
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Attorney Name: Gary L. James Esq.
Supreme Court 1.0. No.: 27752
James, Smith, Dietterick & Connelly, LLP
Address: 134 Sipe Avenue
Hummelstown, PA 17036
Telephone:
717/533-3280
Form RW-02 Rev. 10-13.2006
Copyright (c) 2006 form software only The Lackner GrouP. Inc.
Page 2 012
'2i~ 0'\'-0\ to
RENUNCIATION
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of William Dean Matter , Deceased
I, Harry Aughinbaugh
in my capacity/relationship as
(Pflnt Name)
Executor
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Jane Kohn
(Date)
405 Alden Street
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(Street Address)
Harrisburg, PA 17109
(City, State, Zip)
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Executed in 1YJgister's Office
Sworn to or affirm-ed and subscribed
before me this
of
day
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ,JJ day
h
of .1": ' ,;., 7
~ ~ 7h _
~otaryPU lie ~
My Commission Expires:
Deputy for Register of Wills
(Signature and seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's commission.)
Form RW-06 Rev. 10-13-2006
Copyright (c) 2006 form software only The Lackner Group, Inc.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Denise M, Long. Notary Public
Derry Twp., Daup/"Ml CWlIY
My CorTvnIssIOn Expll'El6 May 25. 2011
Member, Pennsylvania Association of Notaries
!Ii' I~, 10 certify that the information here given is correctly copied from an original certificate of death duly filed with me as
,lit! 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.
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Fee for this certificate. $6.00
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CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
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o.spo5ltion Pennil No
LAST WILL AND TEST AMENT
OF
WILLIAM DEAN MATTER
I, WILLIAM DEAN MATTER, having my legal residence at 1020 North Union Street,
Middletown, Dauphin County, Pennsylvania, hereby declare this to be my Last Will and
Testament, revoking all other Wills and Codicils heretofore made by me.
ARTICLE ONE
....,
I declare that I am not married.
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ARTICLE TWO
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I have no children.
ARTICLE THREE
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I direct the payment from my estate of the expenses of my last illness and funeral as soon
after my death as conveniently may be done.
ARTICLE FOUR
I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate to COLONIAL PARK lJNITED METHODIST CHURCH, 430 Colonial Road,
Harrisburg, Dauphin County, Pennsylvania 17109.
ARTICLE FIVE
No beneficiary or remainderman under this Will or any codicil hereto or any trust created
hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will
or any trust created hereunder in any manner, nor shall any interest of any beneficiary or
1
remainderman be subject to claims of his or her creditors or liable to attachment, execution or other
process of law.
ARTICLE SIX
I appoint HARRY AUGHINBAUGH, as Executor of my Will.
If HARRY
AUGHINBAUGH is unable or unwilling to serve, I appoint JANE KOHN, as Executrix of my
Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by
other provisions of this Will, the following powers with respect to settlement of my estate to be
exercised from time to time in the discretion of my Executor, without further order or license of the
Register of Wills or of any court:
1. To retain any property, pending distribution hereunder, to invest in or purchase any
property without restriction to legal investments for fiduciaries, to distribute property in kind, to
compromise claims, and to sell any property at public or private sale;
2. To borrow money from any person including any fiduciary acting hereunder, and to
mortgage or pledge any real or personal property;
3. To engage in litigation and compromise, arbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in each, allocating
specific assets to particular distributees on a non-prorata basis, and for such purposes to make
reasonable determinations of current values;
5. To make elections, decisions, concessions and settlements in connection with all income,
estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to
adjust the distributive share of income or principal of any person affected thereby;
6. To invest and reinvest in every kind of property and investment which persons of
2
prudence, discretion and intelligence acquire for their own accounts;
7. To manage, control, repair and improve all real property;
8. To procure and carry at the expense of the estate insurance of the kinds, forms and
amounts deemed advisable by the Executor to protect the Executor and the estate against any
hazard;
9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the
collection, care, administration and protection of the estate;
10. To exercise such powers, herein conferred, after the termination of the trust estate until
final distribution of the estate assets;
11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and
privileges which an absolute owner of the property would have, subject always to the discharge of
their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general
or implied powers of the Executor; the Executor shall have all additional powers that may now or
hereafter be conferred on them by law or that may be necessary to enable the Executor to
administer the estate in accordance with the provisions of this Will, subject to any limitations
specified in this Will.
No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall have any liability for any mistake or error of judgment made in good faith.
My Executor shall receIve reasonable compensation for her servIces performed as
determined by the court in which this Will is admitted to probate.
3
ARTICLE SEVEN
I realize that Executors are given discretion by law to make various elections which affect
the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of
beneficiaries, such as taking administration expenses as deductions for either estate or income tax
purposes, selecting options for the payment of employee death benefits, electing to take a qualified
terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing
the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The
decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to
question by, any affected persons. I rely upon my fiduciaries to take into consideration the total
income and estate taxes payable by reason of their decisions including those payable by my
survivors, and they are authorized in their discretion, but not required, to make adjustments
between income and principal as a result thereof.
ARTICLE EIGHT
I direct that all estate, inheritance and other taxes in the nature thereof, together with any
interest and penalties thereon, becoming payable because of my death with respect to the property
constituting my gross estate for death tax purposes, whether or not such property passes under this
my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person
receiving or having a beneficial interest in any such property, whether under this my Last Will and
Testament or otherwise, shall at any time be required to contribute to or refund any part thereof;
PROVIDED, however, that this direction shall not apply to the taxes on any property included in
my estate solely because of a power of appointment thereover which I possess but have not
4
exercised or on any qualified terminable interest or to any generation-skipping transfer taxes.
IN WITNESS WHEREOF, I have at Middletown, Pennsylvania, this 1. 6l-:!::Qay of June,
2003, set my hand and seal to this my Last Will and Testament, consisting of six (6) pages.
l '-/ ..z.jQ), ~~-,_, iJ_ i \., l---CJcr-~. ,
WILLIAM DEAN MA TIER
SIGNED, SEALED, PUBLISHED and DECLARED by WILLIAM DEAN MATTER, the
above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his
request and in his presence, and in the presence of each other, have hereunto subscribed our names
as witnesses.
Residence
Jrd4NaL.oI~ }I/- L7ot;U
Residence
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5
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY
OF DAUPHIN
We, WILLIAM DEAN MATTER, ~ S::LYl rf} C~ l~ r-,[\'~ le_ and
E cXu.1A:>) ;) Stz-73f/G , Testator and witnesses, respectively, whose names
are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the instrument as his last will and that
he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein
expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the
Will as witnesses and that to the best of his/her knowledge the Testator was at that time eighteen
years of age or older, of sound mind and under no constraint or undue influence.
(.j ,Xlv _'''_ \). lv( C\.rQ~,,-,
TESTATOR
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WITNESS . I
Subscribed and sworn to and acknowledged before me by WILLIAM DEAN MATTER,
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the Testator, and subscribed and sworn to before me by 0J:5f<,"\ / ,'!. ( j!X Upt'!l';! and
lDt.-i/4/(j I. Sl"ll3.t/C , witnesses, on this ':6~ay of June, 2063.
l/~~~/~/L- Y JldZZ~~)
Notary Public
Notarial Seal
Linda L. FetterhOff, Notary Public
Derry Twp, , Dauphin COunty
My Commission Expires Nov. 8, 2003