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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::) ,-'-) '..~,:~:~ 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' I '-,.._,' Name Relationship Residence '.' ~" ~ r ,'" (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, ?J.~ Sworn to or affirmed and subscribed before me the _2 I ,~ , , ('~':~ :"-; Signature of Personal Representative ~::. Signature of Personal Representative {~, . ,- \ File Number: ~ \ () ~ ()fA[? 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 \ 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: \~ 10 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!!. ~ * \; ~- ~ ~ ~ * ~ '- \\ <::a", /~\ -. \.",~~ /-$>\\\ ) f\ ,,0 l\.......- \ f11 ;"/200 ~~!,~~~ .:~ M. ~eu..~~~AfE~_:!!1__ ~ Local Registrar ',' Date Issued P 14125645 Certification Number -, r-';-: I:~:::; f'...) CJ\ ; j -- I c..:; (.'1 (..C, IJ . i 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 \ 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) L I r1 oV z w fil !il ~ o ~ 35_ Regisl ~ I a II l;;t I \ I (') I D.posil~n Permil No. a \ q 3>~ d-- () LAST WILL AND TESTAMENT S=~I OF ;':- ~ \--.; ~-,-. ANGELINE M. KITNER ;\,,) C', I, ANGELINE M. KITNER, of Cumberland County, Pennsylvania, do make, p~~lish --.'..... ( _:.~ and declare this as and for my Last Will and Testament, hereby expressly revo~rbg all U; 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. - 9l/At- fJ--;,/Z ~~ v Of qrJJ (VJ~u~Jf ~)~ /;1- /" Of /v15 fvlttvy Ltll1{~ (j{1,//f/( Pt+- 5 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 &1~~ ~ ----- ..<:: COMMONWEAL] H Or PENI.JSYLVANIA Notalial Seal Tricia D. Naylor, Notary Public Carlisle ~., Cumberland County My CommISSIOn Expires Oct. 2, 2010 6