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Home My WebLink About10-02-07 IN RE: Estate of Kenneth W. England, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Orphans Court Division : No. .a \ D 'l oeQS PETITION FOR PROBATE OF COpy OF LAST WILL AND GRANT OF LETTERS To the Honorable, Register of Wills of Cumberland County: AND NOW COMES, the Petitioner John Thomas England, by and through his attorney, Lisa Marie Coyne, and avers the following in support of this Petition: 1. Petitioner is John Thomas England, an adult individual, sui juris, r@ding at 306 .. C) -...J -'I c:-:> c-') I N Berkshire Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is the adult son of the decedent, the late Kenrteth W. EngliiiW -I -u =~_: 1"-' 0> 3. The decedent, Kenneth W. England, was domiciled at death in Cumberland County, Pennsylvania with his principal residence at 401 Valley Street, Village of Summerdale, Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania. 4. Decedent, then age 80 years of age, died on September 14, 2007 in Select Specialty Hospital, East Pennsboro, Cumberland County, Pennsylvania. 5. The Decedent is an unremarried widower survived by his seven adult children identified in birth order as follows: a. John Thomas England 306 Berkshire Road Mechanicsburg Pa 17055 b. Deborah A. Thornton 135 South Enola Drive Enola PAl 7025 c. Joan L. Mockaitis 17 Adams Street Enola P A 17025 d. Kenneth H. England 103 Miller Street Po Box 236 Summerdale P A 17093 e. Gerald W. England 609 Piping Rock Drive Chesapeake VA 23322 f. Steven A. England 612 Piping Rock Drive Chesapeake VA 23322 g. Marie C. Chubb 301 Third Street PO Box 301 Summerdale P A 17093 6. The decedent/testator executed his Last Will and Testament on July 5, 2001 and Petitioner is named the executor in decedent's Last Will and Testament, dated July 5, 2001. (A copy of the Last Will and Testament is attached as Exhibit "A".) 7. At the time that the testator executed his Last Will and Testament, testator was of testamentary capacity. 8. A diligent search as been made since the testator's death and the original will has not been found; however, copy of the original last will and testament has been located. 9. The contents of the last will are as stated in the copy located and attached hereto as Exhibit "A". 10. The last will executed by the testator on July 5, 2001 was never revoked by the testator and the testator made statements up to the date and time of his death indicating the continued existence of the last will. 11. In the last will, all seven of decedent's/testator's adult children are named the residual heirs of the testator's estate. 12. The decedent's estate consists of tangible and intangible property along with real estate totaling in excess of $50,0000. WHEREFORE, Petitioner respectfully requests the probate of the copy of the Last Will and Testament, dated July 5, 2001 presented with this Petition and the grant of Letters in appropriate form to John Thomas England. Respectfully submitted: COYNE & COYNE, P.C. Dated: !cJ- 1-01 - Isa Marie Coyne, Es ire Pa. Supreme Ct. No. 3788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Petitioner VERIFICATION The facts set forth. in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.s.A. s4904. Dated: (5)~ I. otoc7 ~~~ LAST WILL AND TESTAMENT OF KENNETH W. ENGLAND I, Kenneth W. England, of 401 Valley Street, Summerdale, East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all other Wills, Testaments and Codicils previously made by me. ITEM I: I direct the payment of all my just debts, expenses of my last illness, funeral expenses, perpetual care of my burial lot, suitable marker for my grave and the costs of administrating my estate be paid from my estate as soon after my death as conveniently may be done. ITEM II: I devise and bequeath all of the rest, residue and remainder of my estate of every nature and wherever situate, whether it be real, personal or mixed, including property over which I have power of appointment, together with all insurance policies thereon, unto my seven children: John Thomas England, Deborah Ann England Thornton, Joan Louise England Mockatis, Kenneth Howard England, Gerald William England, Steven Alan England and Marie Camille England Chubb, absolutely, share and share alike. In the event that one of them is not living, then that share shall go to their children then living, per stirpes and not per capita. ITEM III: I authorize that any and all taxes that may be assessed in the consequence of my death, including all Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my Will or otherwise, shall be paid out of the principal of my residuary estate as a part of the expense of the administration of my estate. It being my intention that none of the aforementioned taxes, either Federal, State or Local, on any property required to be included in my gross estate, under provisions of any Federal, State or Local law now enforced or hereafter enacted, shall be prorated among the persons interested in my estate to whom such property is or may be transferred or to whom the benefrt: accrues. ITEM IV: I nominate, constitute and appoint my son, John Thomas England as the Executor of this my Last Will and Testament without bond or security. In the event of renunciation, ~."."" ~ ~ A /~ ,'J- "A '" o death', refusal or inability to act for any reason whatsoever, I nominate, constitute and appoint my daughter, Deborah Ann England Thomton as Executrix of this my Last Will and Testament without bond or security. ITEM V: My Executor I Executrix, in addition to other powers and authority granted by law or necessary or appropriate for the proper administration, shall have the right and power to lease, sell, mortgage or otherwise encumber any real or personal property that may be included in my estate, withoutorder of court and without notice to anyone. Also, to execute, acknowledge and deliver instruments of conveyance, and to borrow money for the purpose of paying estate, inheritance or other taxes which are required to be paid and to secure any such loan by pledge or mortgage of all or part of my property. My Executor I Executrix shall have the power to distribute my estate in kind or partly in money or partly in kind, and to determine the fair value at which any property so distributed in kind shall be received by the distributees. My Executor I Executrix shall have the right to administer the conditions ofthisWiU and Testament without unnecessary intervention by the probate court. IN WITNESS THEREOF, I, KENNETH W. ENGLAND, have to this my Last Will and -- Testament, hereto willingly and voluntarily set my hand and seal this 1)/.1 day of . ,..-;-; .Jt. y , 2001. ( Y~y,~ ~ 0 Kenneth W. England WITNESSES: Signed, sealed and published and declared by KENNETH W. ENGLAND, the above named Testator, on the 5Th day of ~r 1 ,2001, as and for his Last Will and Testament in the presence of us, who in his presence, and In the presence of each other, saw him sign and execute this instrument as his Will, and that he signed willingly, and that he executed it as his free and voluntary act for the purposes there in expressed. We have, at his request, subscribed our names as witnesses hereto. --:- ~ L1e/iiJe E kJE 1,1 tYIU residing at jJ/o &J.V~e(' H/ 1I f1f ~arf1pe(/ol'ld fA. f o. jtr1;ttJ!hMJ! ( ZcJ~ SLl~,", M.fOLa-j S. E ~ L..1J ,- . E"'--C L.. ( P ~ il D2 f Sworn to and subscribed before me this 5th day of July, 2001. ----3UL ''Tn , OV:r*itl Notary Publi NOT.A.~IAL SEAL HREN M. GRlFRrrl, Notary Public I East Pennsoorc Two. Cumberland Co. ~ My Commission ExPires April 18,2004 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for Probate and Grant of Letters was served this date upon the be1ow- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Deborah A. Thornton 135 South Eno1a Drive Eno1a P A 17025 Joan L. Mockaitis 17 Adams Street Eno1a P A 17025 Kenneth H. England 103 Miller Street Po Box 236 Summerda1e P A 17093 Gerald W. England 609 Piping Rock Drive Chesapeake VA 23322 Steven A. England 612 Piping Rock Drive Chesapeake VA 23322 Marie C. Chubb 301 Third Street PO Box 301 Summerda1e P A 17093 Dated: Oc:ff,~