HomeMy WebLinkAbout02-26-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Angeline M. Kitner
also knmvn as
File Number
~ I 0 '6 09.D 3
, Deceased
Social Security Number 185-26-3472
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor
last Will of the Decedent dated January 4,2008 and codicil(s) dated
named in the
(Stale relevant circumstances. e.g.. renunciation. death of executor. etc.)
Except as follows, Decedent did no! marry. was not divorced, and did not have a child born or adopted alter execution ofth.; 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.t.a.: db.n.c.t.a.: pendente lite: durante absentia: durante minoritatel::)
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Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the followings~ (if any)~ heirs: (If
Administration. c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete /ist of heirs.) . . I'
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'-,.._,'
Name
Relationship
Residence '.'
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
c.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at
3174 Spring Road. Carlisle, Middlesex Township. Cumberland. P A, 17013
(List street address. town/city. townslllP' county. state. zip code)
D(~cedent, then 72
years of age, died on February 13,2008
at 3174 Spring Road, Carlisle, P A 17013
D<:cedent at death owned property with estimated values as follows:
(Ifdomiciled in PAl All personal property
(Ifnot domiciled in PAl Personal property in Pennsylvania
(Ifnot domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
65,000.00
$
$
$
$
190,000.00
situated as follows: 3174 Spring Road, Carlisle, P A 17013 and 3144 Spring Road, Carlisle, P A 17013
Wherefore, Petltloner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters 111 the appropriate form to
the undersigned
T ed or rinted name and residence
Rodney W. Kitner 3 Water Street, PO Box 123, Newburg, PA 17240
FormRW-02 rev. /0.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL Y ANIA
SS
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.
dlo
@~&6,
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Sworn to or affirmed and subscribed
before me the
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Signature of Personal Representative
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Signature of Personal Representative
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File Number:
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Estate of Angeline M. Kitner
, Deceased
Social Security Number: 185-26-3472 Date of Death: February 13.2008
AND NOW, 1-e-bn.^-O-\"---\ C;H.D , .;;J::i:>8, in consideration of the foregoing Petition, satisfactory proof
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having been presented before me, IT IS DECREED that Letters Testamentary
are hl~reby granted to Rodney W. Kitner
in the above estate
and that the instrument(s) dated January 4, 2008
described in the Petition be admitted to probate and filed of record as the last Will ~~ryj ~OdiCil(S)) of D
FEES ~ .
dSS ct:L) 3 I' t':) Reg
Letters ......... 1 . . . . . $
Short Certificate(s) . . ~. . . $ \ It
Renunciation(s) .......... $
l~'.:) ) \\ $
.~{ ~ $
~0 $
$
$
$
$
$
$
TOT AL .............. $ 3 Slo 0:00--
Trici D. Naylor
Attorney Signature:
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s:
Attorney Name:
Supreme Court J.D. No.: 83760
Address:
104 S. Hanover Street
Carlisle. P A 170 13
Telephone:
(7 I 7) 243-7437
Form RW-O] rev, /0,/3.06
Page 2 01'2
II I<F\
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this cenificate, 56.00
1;i1"'1"/Ot~:;.;~ This is to certif:\ that the information here ".given
J~~~~\---f...E4'f;;..~ correctly copied from an original Certificate of Dea
~l~ ~~'<'~~ dul~ ,riled. with I,ne as Loeal RCf~istrar. T.he otigin
I~ ~~~ ~~\ eertlhcate will be forwarded co the State Vir
\~5i ~i ~t~l Records Office In permanent filin!!.
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~~!,~~~ .:~ M. ~eu..~~~AfE~_:!!1__
~ Local Registrar ',' Date Issued
P 14125645
Certification Number
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H105-143 REV 11~f
TYPE I PRINT I f
PERMANENT
BLACK INK I
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
72 y".
8b.COl.lnty01 Dealh
April 9, 1935
Carlisle, Pa
3. .S,"'i~,secrri1y N_""""J l
y ~ ... -1,'f+l
88. Place of Death (Chedt only one)
Hospilal" Other:
o Inpatient 0 ER f Qutpalif:lnl 0 DOA D Nl.Irsing Home IKl Residence DOIher - Specify:
9. Was Decedent of Hispanic Origin? []g No 0 Yes 10. Race: American Indian, Bladr., White, e\(:.
(If yes, specify CUban, (Specify)
Mexican, Puerto Rican, etc.) Wh i t e
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u~ (J8,DS
I .
Cumberland
Bd. Facility Name (II not instiMion, give street and rMJmber)
3174 Spring Road
2008
1. Name 01 Decedent (Firs!, middle, last, suffix)
ANGELINE M. KITNER
5. Age (last BirthdaYJ
6. Date of Birth IMOI1th,day, year}
I1ana~il!'i'W""
RetM"\.B"'!l'1i~~W'
12. Was Decedent ever if! ItIe
U.S. Armed Forces?
Dyes lalNo
Decedents
ActuaIABsidence 17a.Siate
13. Decedent's t=ducatkm (Specify only highest grade completed)
Elementary I Secondary (0-12) College (1-4 or 5+)
------11---- -------------
14. Marital Status: Marrie(!, Never Marrie<:l,
Widowed, Divoo:ed (SpeciM
Widowed
. 16. De<:edent's Mailing Address (Street, city I town, slale, zip code)
3174 Spring Road
Carlisle, Pa 17013
18. Falhef's Name (First, middle,last.sullIx)
17b.County
Pennsylvania
Cumberland
~e~aedent 17C:.~ Yes, Oecedent Lived in Middlesex
Township? 17d. 0 No. Decedent lived within
ActualUrni\sol
Twp.
City/Born
o CramaVOl> D DooaVOl>
19. Mother's Name (FIrst, middle, fllaiden SlJmame)
Margaret Rice
2Ob. Inlormanrs Mailing Addrass (Street, city floWn, state, zip code)
Box 123 3 S. Water Street,
21c. Place of Disposition (Name 01 cemetery, crematory or other place)
Charles Holloway
2Oa. Irlformanrs Name (Type I Print)
Mt. Gilead Cemetery
Newbur , Pa 17240
21d.localkJn (City Ilown, slatfJ, zip Code)
Shermans Dale, Pa
. ~./
22<:. Name and Addrass 01 Facility
Ronan Funeral Home 255 York Road, Carisle, Pa 17013
23b. Ucense Number
.:ftJ#-<5~
23c. Dale Signed (Month, day, year)
c!' JJ4 J08
Items 24-~mustbecompletedbyperson
whop'onouncesdeath.
20. Was Case Referred 10 Medical Examiner I Coroner for a Reason Other than Cremation or Dooation?
Dyes ~
CAUSE OF DEATH (See instructions and examples)
Itemn. Part I: Enterthe~ diseases, injuries, orcomplicatlons -lhatdirecttycatJsedthetleath. DO NOT enlerlerminal events such as cardiac arrest,
respiratory am>s1, 01 lIemrict!lar IibriJIaIion without showing the etiology. Llsl only one cause on each Una.
=~JiJ~S;=)dise:; ~ &-. ~ h c.Q.. ~
Due Ia I~" ~",nce 01)
Apj)I'/):(JmateiTlJervaJ:
Onset to Death
Part ll: Enter other sianificanl r.ondilionc: contribulina to dAalt1
but not resulling ill the unde11ying calISe given 11'1 Part!.
Tobacco Use Contribute to Death?
y" DProbably
b No D Uokoown
29. II Female:
o Not pregnant within past year
o PregnanlatUmeofdeath
o Nctpregl8nl,butpregnBnl wilhin42 days
of death
o No!~,buIpregnanI43daysto1year
beloredeath
o Unknown if pregnanl within the past year
32c. Place 01 Injury: Home. Farm, Streel, Factory,
Office Building. etc. (Specify)
ci
C'
+
~~~c'a='~1i%a.
Enler~e UNDERLYING CAUSE
{dise;JseOf~lhalinitiatedlhe
evenls reSlJlling Inc\eath) LAST.
b.
Due to (or as a consequence on:
Due to (or as a consequence 00:
d.
[J Yes -BNo
D y" D No
31. Manner 01 Dealh
o Natural 0 Homicide
o Acddool D Pen<ing IllVesligalioo
o Suicide 0 Could Not be Determined
32d. Time of Injury
32g. location of injury (Street, city I town, state)
3Oa.. Was an Autopsy
Performed?
3Ob. Were Autopsy Findings
Available Prior to Comp/etioo
of Cause ol Dealh?
M.
338. Certifier (check only one)
Certifylng physician (P/7ysidan cetIItying cause of death wtlen another physician has pronounced death and completed hem 23)
To the bettof my Imowtedge, death occurred due 10 the cause(s) and manner as staltteL.. _ _ _ _ _.. _ _.. _ _ __ _..._ _.. _ _ _ _ _ _ _ _ _ _ _ _ _ 0
:=::~~ a~: ~~~h:~~~u7:: t:~i~:r:n~~~=rt:101~:~::' manner as slated.. _ _ _ _ _.. _ _.. _ _ _ __ _ _ _ 0
~:~~~m~n:~~= and I OIlnvestigation. in my opinion, death occurred at the lime, dale, and plllCe, and due to the cause{s) aod manner as stated_ 0
33d. 0 Ie Signed (Month, day, year)
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I a II l;;t I \ I (') I
D.posil~n Permil No. a \ q 3>~ d--
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LAST WILL AND TESTAMENT
S=~I
OF
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ANGELINE M. KITNER
;\,,)
C',
I, ANGELINE M. KITNER, of Cumberland County, Pennsylvania, do make, p~~lish
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and declare this as and for my Last Will and Testament, hereby expressly revo~rbg all
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wills and codicils made by me heretofore, and dispose of my estate as follows:
ITEM 1: I direct the payment of my just debts and funeral expenses, including a
suitable and proper grave marker, as soon as conveniently can be done following my
decease.
ITEM 2: I direct that all State and Federal Transfer Inheritance Tax, Estate Tax,
Succession Tax or any other tax, including any interest, assessments or penalties
thereon, that may become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or in any other manner,
shall be paid from my residuary estate, just as if such taxes were my debts, and no
beneficiary shall be required to payor refund any part thereof.
ITEM 3: I give and devise my real estate known as 3144 Spring Road, Carlisle,
Pennsylvania to my grandson JESSE A. PENNABAKER. If JESSE fails to survive me
then this property shall become part of my residuary estate.
ITEM 4: All of the rest, residue and remainder of my estate of whatsoever nature
and wheresoever situate, I give, devise and bequeath as follows:
A. Sixty percent (60%) of my residuary estate shall be distributed equally to my
granddaughter SAMANTHA MOORE and my grandson JESSE A. PENNABAKER or their
survivor. If both JESSE and SAMANTHA are not then living then their share of my estate
shall be distributed to my beneficiaries in Paragraph B of this ITEM 4.
B. Forty percent (40%) of my residuary estate shall be distributed equally to my
children RODNEY W. KITNER and JUDY ANN TURNER or their survivor. If both
RODNEY and JUDY are not then living then their share of my estate shall be distributed
to my beneficiaries in Paragraph A of this ITEM 4.
C. If none of my beneficiaries, listed above, survive me then my estate shall be
distributed to my heirs at law as determined at the time of my death under the laws of the
Commonwealth of Pennsylvania in effect at my death.
ITEM 6: In the administration of my estate my Executor shall have the
following powers without leave of court in addition to, but not in limitation of, the powers
nranted by law to the Executors of estates, which powers shall continue after the
termination of my estate until actual distribution of the assets:
A. To receive in the estate and to retain any assets, real or personal, to which I
may be entitled at the time of my death, which my Executor may deem for the best
interest of the estate without being required to convert said assets into so-called "legal
investments" .
B. To invest and reinvest in such securities as a prudent investor of intelligence
and discretion would buy for himself for investment, and not for speculation, giving due
regard to the safety of the principal and the adequacy of the income, and without being
limited to the so-called "legal investments" of the Commonwealth of Pennsylvania, said
investment authority to include the right to invest in any Discretionary or Legal Common
2
Trust Fund that may be administered and managed by a Corporate Executor or
Corporate Trustee.
C. To sell or buy real estate without Court order at public or private sale; to make,
execute and deliver or receive good and sufficient deeds of conveyance and give or
receive good title therefor; to reinvest the proceeds as if they had originated in personal
property; to mortgage or encumber any real estate comprising part of my estate,
borrowing the necessary funds from himself or from any other source; to improve any
property or otherwise expend principal funds for the upkeep and welfare of any
properties; to release, vacate and abandon the same; to grant and acquire licenses and
easements with respect thereto; to make improvements to or upon the same; and in
general to do all things necessary in the management of the properties as if he is the
owner thereof, including the right to let property and to make leases for any term. The
purchaser shall not be required to see to the proper application of proceeds but may pay
the same over to the Executor selling the same.
D. To make distribution hereunder in cash or of property and securities in kind at
fair market value at the time of such distribution and in such a manner as to be fair,
equitable and just to all concerned. Distributions of property and securities are not
required to be identical among the beneficiaries, and some may receive one type of
property or security while another may receive another type of property or security.
E. To exercise any election or privilege given by the federal and other tax laws,
including but not limited to, the election of the alternate valuation date for federal estate
tax purposes, the election to claim deductions for federal estate tax or for federal
3
income tax purposes, and the election of the method of payment of pension, profit-
sl1aring, HR-10, individual retirement account, and any other similar benefits. In
addition, my Executor, in his sole discretion, may make or not make equitable
adjustment among the beneficiaries, without the consent of the beneficiaries, for the
exercise or non-exercise of any election or privileges.
ITEM 7: I nominate, constitute and appoint my son, RODNEY W. KITNER to be
the sole Executor of this, my Last Will and Testament. If RODNEY W. KITNER is unable
or unwilling to serve as Executor, I appoint my daughter JUDY ANN TURNER to be the
sole Executrix of this, my Last Will and Testament. No Executor or Executrix shall be
rE;quired to give bond.
ITEM 8: Wherever the context requires, the masculine gender shall include the
feminine and neuter gender, and vice versa, and the singular shall include the plural, and
vice versa.
ITEM 9: All references in this Will to children shall only include my daughter Judy
Ann Turner and my son Rodney W. Kitner and their issue. I am specifically excluding my
son Roger Kitner, my daughter Linda Rebert and their issue as beneficiaries of my estate.
My son Roger Kitner and my daughter Linda Rebert shall not be considered a sibling of
any other beneficiary under this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~.J.J-. day of
Jil '-'A R Y'6 ' 2008.
m
M. KITNER
l~~
4
Signed, sealed, published, acknowledged and declared by the above-named
Testator, ANGELINE M. KITNER, as and for his Last Will and Testament, in the presence
of us, who, at his request, in his presence and in the presence of each other, have
hereunto subscribed our names as witnesses thereto.
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, ANGELINE M. KITNER, Testator, who signed the foregoing instrument, having
been duly qualified according to law, acknowledge that I signed and executed the
instrument as my free and voluntary act for the purposes therein contained.
Sworn to or affirmed and
acknowledged before me by
ANGELINE M. Kll{~ER,
th T stator, this ~day
of , 2008.
COMMONWEALTH Ot- rJENNSYLVANIA
Notarial Seal
Tricia D. Naylor, Notary Public
Carlisle Boro., Cumberland County
My Commission Expires Oct. 2, 2010
COUNTY OF CUMBERLAND
)
)
)
SS:
COMMONWEALTH OF PENNSYLVANIA
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to law, depose and say that we were present and saw Testator sign
and execute the instrument as his Last Will and Testament; that he signed and executed
it willingly as his free and voluntary act for the purposes therein expressed; that each of
us in his sight and hearing signed the Will as witnesses; that Testator is known to each of
us; and that to the best of our knowledge and observation the Testator was at the time of
sound mind and under no constraint or undue influencli!.\
1/(71
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~ -----
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COMMONWEAL] H Or PENI.JSYLVANIA
Notalial Seal
Tricia D. Naylor, Notary Public
Carlisle ~., Cumberland County
My CommISSIOn Expires Oct. 2, 2010 6