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HomeMy WebLinkAbout01-18-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Mary W. Paulding also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21- 0 8" - OOu.9 , Deceased Social Security Number 139-12-8127 Robert A. Paulding Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or '8' BELOW:) [8] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor last Will of the Decedent, dated 04/08/2004 and codicil(s) dated named in the State relevant cirr;umstances, 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: o B. Grant of Letters of Administration (If applicable. enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentia; durante mmontate) Petiti.o':ler(s) after a proper search has/have ascertC!in~d that Decedent left no Will and "Yas surxived by the following spou_~e (if any) and.~1irs: (If Admtnlstratton, c.t.a. or d.b.n.c.t.a., enter date of Wtll In Section A above and complete list of heirS.) ( .~ ;~ .U -- '"';.,;..... I Name Relationship Residence ,~ ~.- J ., I . i ()) . . "', I -n I -c- ,::,, c.) .. .., c.:> 0) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 4833 East Trlndle Road, Mechanicsburg, Lower Allen, Cumberland, PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then 87 years of age, died on 11/14/2007 at Country Meadows Nursing Home, Mechanlcsburg, PA Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: 3,500.00 $ $ $ $ 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: Typed or printed name and residence Robert A. Paulding 17000 Gerting Road Monldon, MD 21111 410-472-2868 Form Rev. 10-13.2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative } SS } 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. Q Swom to .,.ffi,""'" ". ,"b,,,;b,. .1JI<Ir'r C:h Sig"wre ,~~/iJ,..." -.",. Robert A. Paulding . befofe me this At~ day of Signature of Personal Representative (1~1 Signature of Personal Representative File Number: 21- Ot -OOlD? Estate of Mary W. Paulding , Deceased Social Security Number: 139-12-8127 Date of Death: 11/14/2007 AND NOW, , cJtJV8 , in consideration of the foregoing Petition, satisfactory proof having been pres Testamentary are hereby granted to Robert A. Paulding and that the instrument(s) dated 04/08/2004 C) ::;0 in the above estate .,co;) ;;~, l'::;i.J described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. . '..''-- c:; -r-; Renunciation(s)............................. $ Attorney Signature: FEES Letters............................................ $ lIu 0 . <:J:) Short Certificate(s)........................ $ 40. aD W\\l ,jCP C~I {}f'... Attorney Name: Supreme Court 1.0. No.: 76084 James, Smith, Dletterick & Connelly, LLP Address: Suite 204, 5020 Ritter Road Mechanlcsburg, PA 17055 Telephone: 717/533-3280 Form RW-D2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13989366 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~/1;~. Local Registr~ NOV/1 6 W07 Date Issued REV 1112006 PAINT IN ~ANEm CK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) (':::J :iJ Nursing Home 0 Residence 9. Was Decedent of Hispanic Origin? iii No 0 Yes (If yes, specify Cuban. Meadows Nursing Home Mexican. Puerto Rican. etc.) 12. Was Decedent ever in lhe 13. Decedem's Educalion (Specify only highest grade completed) 14. Marital Status: Married, Never Married, U.S. Armed Forces? Elementary I Secondary (0-12) College (1-4 or 5+) WIdowed, Divorced (Specify) Dyes [jJNo 1 Widowed Oecedenfs Did Decedent AclualResidence 17a.Stale Pennsvlvania Liveina Township? 17b. Coon~ Cumber land 1. Name of Decedent (ArsI. middle, Iasl, suffix) 6. Dale of BIrth (Month, da, ear) 7. Bi June 19 1920 Brookfield, MO ad. Facility Name (If not inslHulion, give streeI and number) Cumberland 11, Decedenfs Usual ti:ln Kind of work done du . Kind of Work Housewife Townsh most 01 wo life, Do not stale retired Kind of Business I Industry . 16. Decedent's MaiWng Mdress (Street, city f town, slate, zip code) 4833 East Trindle Road Mechanicsbur PA 17055 18. Father's Name (Rrsl. middle, last, suffix) Jesse G. Williamson 19. Mother's Name (Firs!, micldle, maiden surname) Mabel Johnson 2 Other. 17c, IX! Yes, Decedent Lived in T .tl1iilpr A 11 pn 17d. 0 No, DecedentlJved within Actual Umits of Twp CIlyf80r0 Robert A. Pauldin 2Ob. Informanfs Malllng Address (Street, city flown, state, zip code) 17000 Gerting Road, Monkton, 21 c. Place of Disposi1ion (Name of cemetery, crematory or other place) remation Societ of PA Jonestown Road, HarrisbuT , 23b. License Number 24. Time of Death CAUSE OF DEATH (See Instructions and examples) Item 27. Part I: Enter the ~ - diseases, injuries, or complications -thai directly caused the death. DO NOT enler terminal events such as cardiac arrest. =A~fn;;;;;\::~nl~.rfibri"a'on~lhO~::~:::IYooe;eu:;e? _ , Due to (or as a consequence on: -r- ~ ~~n~l~a~C:d~C:'~ ~j~ a. b. E~ UNDERLYING CAUSE Due 10 (or as a consequence on: (disease or injury lhatlnltiated the events resufting In death) LAST. ApproJdmateinlerval: Onsel to Death Due 10 (or as a consequence of): d. 3Oa. Was an AUlopsy Performed? n. Were Autopsy Findings A\lailable Poor 10 Completion of Cause 01 Death? Ih o Homidde o Accident 0 Pending Investigation 32d. Time 01 Injury o Suicide 0 Could Not be Determined M. Dv" No Dyes DNo 338. Cerlifier{cf1eck only ooe) Certifying physician (Physician cartilying cause 01 death when another physician has pronounced death and compIeled Item 23) To the best of my knowledge, death occurred due to the cauae(sland manner 8S state<l. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~o;:u:~,.~ :m~~J:a~a:c~:~~ t=h"==n:n~~~c:~~=ol~~a~:~~)~~ manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~c:~:sm~":~:= and / Of in\lesligation, In my opinion, death occurred al the time, date, and place, and due to the caUle(S) and manner as stated.. 0 23c. Date Signed (Month, day, year) f'JOv' 1 ~ Z DC 7 Pari II: Enter other sionificant conditions conlribubno 10 dealtl, but not resulting in the underlying cause gillen in Part I. g~/!; MJdtt. 28. Did Tobacco ~se3nlribute to Death? DYes l...:jProbably o No 0 Unknown 29. !!!.em~ l:d""'Ffot pregnanl within past year o Pregnantallimeofdeath o Not pregnant, but pregnant within 42 days of death o Not pregnant but pregnant 43 days to 1 year beforeclealh o Unkl'lOWflifpregnanlwilhinthepaslyear 32c. Place of Injury: Home, Farm, Street, FactOf)', Of1ice BUi!ding, etc. (Specify) 33d. Date ,ned(Month, day, year} If.,.. CI (/ i S-; J...,.~~"/ ) 34. Name and Address of Person lNho Completed Cause of Death (Item 27) Type/ Pool . ..L. {r.:"';.'~(-1,,;'~ I-'U/ ~" "l If.,.. ,'.!. /tv,?- j <' ...,._" .J-t /. . C-.f It.,. (( ,4....( ~""(( I otl II 0/. /1/ I 0070621 Disposition Permit No. , . Last Will of MARY W. PAULDING I, MARY W. PAULDING, a resident of Cumberland County, Pennsylvania, declare that this is my will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am currently married to JOHN H. PAULDING, and all references to my spouse in this will are to him. Section 2. Children a. The name(s) and birth date(s) of my children: Name Birth date JOHN HOLMES PAULDING, JR. ROBERT ALEXANDER PAULDING MARY CATHERINE KETCHUM January 20, 1944 December 25, 1947 February 1, 1953 All references to my children in this instrument are to these children and any children subsequently born to or adopted by me. .,.~ "'\ 1-'-) -::.. r , , ..~: 7Jv>>/? /J</! J /j'!J -- G) If.) 1 , , Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative: JOHN H. PAULDING If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the following successor Personal Representative(s) shall serve until the successor Personal Representative(s) on the list have been exhausted. Unless otherwise specified if Co-Personal Representatives are serving, the next following named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. (1) ROBERT ALEXANDER PAULDING; THEN (2) JOHN HOLMES PAULDING, JR. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in my will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the State of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. 2 ~ lol/ijffJ-- Article Three Disposition of My Property Section 1. Distribution to My Revocable Living Trust I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am the Trustor known as: MARY W. PAULDING and JOHN H. PAULDING, Trustees, or their successors in trust, under the MARY W. PAULDING LIVING TRUST dated IJ Eel 3 1995 and any amendments thereto Section 2. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of my will. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes" as used in my will shall mean all inheritance, estate, succession and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death including penalties and interest but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. 3 ~ /oZ).t/9<5- c. Any federal or state tax imposed on a generation-skipping transfer as that term is defined in the federal tax laws unless the applicable tax statutes provide that the generation-skipping transfer tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this will. Notwithstanding any other provision in my trust all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this will including any codicils thereto the right of that person or entity to take any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this will are for convenience of reference only and shall have no significance in the construction or interpretation of this will. 4 ~ /~jhj- Section 3. Severability Should any of the provisions of my will be for any reason declared invalid such invalidity shall not affect any of the other provisions of this will, and all invalid provisions shall be wholly disregarded in interpreting this will. Section 4. Governing Law This will shall be construed, regulated and governed by and in accordance with the laws of the State of Pennsylvania. I signed this, my last will, on DEe 1 3 1995 /J7 w~ MAR~AULDING 5 ~ /.2./,;j/y.5- The foregoing Will was, on the day and year written above, published and declared by MARY W. PAULDING 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. We declare that at the time of our attestation of this Will, MARY W. PAULDING was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. ZlU-- t. ~~~ I PA 6 ST ATE OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN We, MARY W. PAULDING, Jr.Jzo,IJI:eI4.k{/.y,J-and E. - the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, ving been sworn, declared to the undersigned officer that the Testatrix, in the presence of wit esses, 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. ma#jf ZcJ tf2d d<~ MAR W. PAULDING Subscribed and ,s~r}l..,.bftpre me RX MARY W. PAULDIN?, the Testatrix, and by SCA..ZQ.hll( H. t;Jr/~ and oo{lAAafr E, .$Tttfr{) Lf: V, the witnesses on ~I--- 13 ' 1995. ! ~dcJ,~ Notary bhc My commission expires: 1<. CHERYll. NEARHOOD, Notary Public Derry T,.:p., D3uphin County, Pa. M~_Corn m i 'S~?~..~xp ~::.~:::.~~'-.~~.~~_ 7