HomeMy WebLinkAbout06-16-08Re~~.~,~
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Louise V. Cook
also known as
Deceased
File Number ,:~ ~ ~ Vb ` V t,Y ~~
Social Security Number 209-16-3130
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
(COMPL,ETE 'A' or 'B' BELOW:)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EX2Cl1tOfS
last Will of the Decedent dated 11 /16/04 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, death ofexeeutor, etc.)
named in the
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: decedent was a widow.
B. G'~rant of Letters of Administration
(/f applicable, enter: c.t.a.; d. b. n. c. t. a.; pendente life; durante absentia: durante mtnoritate)
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following s~se (if any) aid heirs: (If
Administration, c. t. a. or d b.n.c.t.a., enter date o Will in Section A above and com fete list o heirs. ' ``~ `~~'
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Name Relationshi Residence- '_ "-"
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(COMPLETE INALL CASES:) Attach additional sheets if necessary.
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
553 Brighton Place Mechanicsburg PA 17055 (Upper Allen Township, Cumberland County)
(Gist street address, town/ciry, township, county, state, zip code)
Decedent, then 81 years of age, died on May 31, 2008 at Wilson Healthcare Center, Gaithersburg, Maryland
Decedent at death owned property with estimated values as follows:
(lf domiciled in PA) All personal property $ 2,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 200,000.00
situated as follows: residence located at 553 Brighton Place, Upper AAen Township, Cumberland County, PA
Wherefore, Petitioner(s) respectfully request(s) the probate of the last W ill and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Si nature T ed or tinted name and residence
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Susan L. Cook, Esq., 6104 Crossover Lane, Rockville, MD 20852
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Manufacturers and Traders Trust Company, Attn: Ruth Ann McMillen
P.O. Box 2961, Harrisburg, PA 17105-2961
Form RW-Ol rev. 10.13.06 Page ~ Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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 affirmelld~annd subscribed
before m~e the f ~.~"~~" day of
June 2008
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Fd the Register Signature afPersonal Representative
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File Number. oL ~~.~~=~f ~D
Estate of Louise V. Cook ,Deceased
Social Security Number: 209-16-3130 Date of Death: May 31, 2008
AND NOW, June ~ r' ~~`-' , 2008 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Susan L. Cook, Esq., and Manufacturers and Traders Trust Company, as Go-Executors
in the above estate
and that: the instrument(s) dated November 16, 2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters .......... ..... $ 310.00
Short C'ertificate(s) . ~ 1 ~ )... $ 48.00
Renunciation(s) ... ....... $
JCP/A.utomation . , , $ 15.00
Will g 15.00
... $
... $
... $
... $
... $
... $
... $
TOTAL ....... ....... $ 388.00
Attorney Signature:
Supreme Court I.D. No.: 40385
Address: Keefer Wood Allen & Rahal, LLP
210 Walnut Street, P.O. Box 11963
Harrisburg, PA 17108-1963
Telephone
(717) 255-8059
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Form RW-O2 rev. IOJ3.06 Page 2 of 2
Attorney Name: Robert R. Church, Esq.
ALID ONLX I HEREBY CERTIFY THAT THE ATTACHED IS A TRUE COPY OF A ~ ~_ ~~' .- (,~ ~ 5W
WITH RECORD ON FILE IN THE DIVISION OF VITAL RECORDS.
IMPRESSED
SEAL
DATE ISSUED: aiSgE-~~
y June 5, 2008 STATE REGISTRAR O VITAL RECORDS
~'---- ---- ---- - State of Maryland /Department of Health and Mental Hygiene
For
1-state Certificate of Death
Registrar Ran- Nn
1. Decedents Name (First, Middle, Last) 2. Date of Death 3. Time of Death
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~ Month Day Year 1 ~ 45 M
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~ Ma 31 2008 a
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(iry Name (If not rnstttutlon, give street and number)
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Town, or Location of Death 4c. County of Death
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5. Social Security Number 6. Sex 7. Age (In yrs. last birthday) If Under 1 Year If Under rs. 8. Date of Birth" 9. Birthp fate or Foreign
. - 209-16-3130 1^M z®F 81 Yrs Months Days Hours Min. 9(18_jax,2e6ar)
yJ Sayre, PA
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Usual Residence of Decedent
~ 0 10a. State 10b. County 10c. City, Town or Location 1 Od. Inside City Limits
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PA
Cumberland
Mechanicsbur
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L ~ 10e. Street and Number tOf. Zip Code tOg. Cftizen of What Country?
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553 Bri hton Place
17055
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o E E C 11. Marital Status 12. Was Decedent Ever in U.S. 13. Was Decedent of Hispanic Origin? (Specify Yes or No- 14. Race -American Indian,
~ ~ Armed Forces? If Yes, specify Cuban, Mexican, Puerto Rican, etc.) Black, White, etc.
~ ~ c LL 1 ^ Never Married 2^ Married 1 ®Yes 2^ No
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3$j Widowed 4 ^ Divorced If Yes, Give
Year or Dates: ~- II 1 ^Yes 2®No Specify: S eci White
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Elementary/Secondary (0-12)
College (1-4or 5+) life. DO NOT use retired)
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17. Father's Name (First, Middle, Last)
18. Mother's Name (First Middle, Maiden Surname)
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Leon Van Horn
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H ~ a ~ 19a. Informants Name/Relationship (Type. Priht) 19b. Mailing Address (Street and Number or Rural Route Number, City or Town, Slate, Zip Code)
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Susan L. Cook Es Dau titer
6104 Crossover Lane Rockville MD. 20852
d ~ _ ~ c 20a. Method of Disposition 20b. Place of Disposition (Name o/ Date 20c. Location -City or Town, State
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~ ° . `o 1$1 Burial 2 ^Cremation 3 ^Removal from State cemetery, crematory or otherplace)
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G a m c ~' 4^Donation 5^Other(Specily) arrin ton Friends n 1
E A ~ T 21. Signature of FF ~ara~ Icensee 2 and Address of Facility
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Rockville Pike Rockville MD, 20852
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anzansk -Goldb Inc.
23a. Part1. Enter the disease, or complications that caused the death. Do not enter the mode of dying, such as cardiac or respiratory arrest, Approximate
shock, or heart failure. List only one cause on each line. Interval Between
Immediate Cause (Final t L Onset and Death
disease or condition a 'f~Cl t ~ ,~
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IF FEMALE:
23b. Was decedent pregnant
23c. (f es, outcome pf pregnancy
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23d Ot delivery
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v in the pastnths? 1 Live birth 2 ^ Fetal death 3^Ectopic pregnancy
4^Pregnant at time of death 5^ Other (specify) -M~ Day Year- '.
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~ Part II.Other signlflcant conditions contributing to death bui not resulting in the underlying cause given in Part I. 23e. Did tobacco use contribute to the ca s~of death?
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p 1 ^ Inpatient 2 ^ ER/Outpatient 3^ DOA Nursing Home' S ^ Residence 6 ^Other (Specify)
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a t ~ '~ ~p 29a. Certifier rtifying Physician: To the best of my knowledge, death occurred at the time, date and place, and due to the cause(s) and manner as stated.
_ v LL d v (Check Doty 2 ^ edlcal Examiner: On the basis of examination and/or investigation, in my opinion, death occurred at the time, date and place, and due to the cause(s)
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o = o o ~ 29b. Signature antl title of certifier 29c. License number 29d. Date signed (Month
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31. Date filed (MOnth
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LAST WILL AND TESTAMENT < ? -
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OF -, _ _
LOUISE Y. COOK ~ -~.
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Introductory Clause. I, Louise V. Cook, a resident of and domiciled in the County of ~.
Cumberland and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be~
my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made _
by me.
I have three living children: Roderick W. Cook, III; Susan L. Cook; and Randall C. Cook.
ARTICLE I
Direction to Pay Debts. I direct that all my legally enforceable debts, secured and
unsecured, be paid as soon as practicable after my death.
ARTICLE II
Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance,
succession, death or similar taxes (except generation-skipping transfer taxes) assessed with
respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained
in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on
any insurance upon my life or on any property held jointly by me with another or on any transfer
made by me during my lifetime or on any other property or interests in property included in my
estate for such tax purposes be paid out of my residuary estate and shall not be charged to or
against any recipient, beneficiary, transferee or owner of any such property or interests in
property included in my estate for such tax purposes.
ARTICLE III
General Bequest of Personal and Household Effects With a Precatory Memorandum. I
give and bequeath all my personal and household effects of every kind including but not limited
to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing
a~gparel, boats, automobiles, and other vehicles, and all policies of fire, burglary, property
damage, and other insurance on or in connection with the use of this property, to my children
surviving me in approximately equal shares; provided, however, the issue of a deceased child
surviving me shall take per stirpes the share their parent would have taken had he or she survived
me. If my issue do not agree to the division of the property among themselves, my Personal
Representative shall make such division among them, the decision of my Personal Representative
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ARTICLE VI
Naming~the Personal Representative, Personal Representative Succession, Personal
Representative's Fees and Other Matters. The provisions for naming the Personal
Representative, Personal Representative succession, Personal Representative's fees and other
matters are set forth below:
(1) Naming a Corporation and an Individual as Personal Representative. I hereby
nominate, constitute and appoint as Personal Representatives of this my Last Will and Testament
M & T Investment Group (the "Corporate Personal Representative") and Susan L. Cook (the
"Individual Personal Representative"}, and direct that they shall serve without bond.
(2) Removal of Corporate Personal Representative. The Individual Personal
Representative shall have the power at any time to remove the Corporate Personal Representative
and may, in her discretion, substitute another Corporate Personal Representative, provided that
such substituted Corporate Personal Representative is a bank or trust company qualified to do
business in the State of my domicile at the time of my death, or serve alone in this fiduciary
capacity. This power of substitution shall not be exhausted by an exercise thereof.
(3) Naming Corporate Successor or Substitute Personal Representative. Except as
otherwise provided herein, if M & T Investment Group or any successor as herein defined should
i:ail to qualify as Personal Representative hereunder, or for any reason should cease to act in such
capacity, the successor or substitute corporate Personal Representative shall be some other bank
or trust company qualified to do business in the State of my domicile at the time of my death,
which successor or substitute shall be designated in a written instrument filed with the court
having jurisdiction over the probate of my estate and signed by my Individual Personal
Representative, or if she fails to act, by the court having jurisdiction over the probate of my
estate.
(4) Fee Schedule for Corporate Personal Representative. For its services as Personal
Representative, the corporate Personal Representative shall receive an amount determined by its
Standard Fee Schedule in effect and applicable at the time of the performance of such services.
If no such schedule shall be in effect at that time, it shall be entitled to reasonable compensation
for the services rendered.
(5) Fee Schedule for Individual Personal Representative. For its services as Personal
Representative, the individual Personal Representative shall receive reasonable compensation for
the services rendered and reimbursement for reasonable expenses.
(6) Change in Corporate Personal Representative -Method of Successor Selection. If
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any Corporate Personal Representative hereunder is merged or combined into another
corporation, then within six (6) months after such merger or combination, a successor or
substitute Corporate Personal Representative (which shall be some other bank or trust company
qualified to do business in the State of my domicile at the time of my death) may be named in a
written instrument filed with the court having jurisdiction over my estate, signed by my
Individual Personal Representative, or if she fails to act, by the court having jurisdiction over the
probate of my estate. If no successor is named within the time specified, then the corporate
successor resulting from the merger or combination shall succeed to the capacity of its
predecessor without conveyance or transfer.
ARTICLE VII
Definition of Personal Representative. Whenever the word "Personal Representative" or
any modifying or substituted pronoun therefor is used in this my Will, such words and respective
pronouns shall include both the singular and the plural, the masculine, feminine and neuter
;;ender thereof, and shall apply equally to the Personal Representative named herein and to any
successor or substitute Personal Representative acting hereunder, and such successor or
substitute Personal Representative shall possess all the rights, powers and duties, authority and
responsibility conferred upon the Personal Representative originally named herein.
ARTICLE VIII
Powers for Personal Representative. I give to any Personal Representative named in this
Will or any Codicil hereto or to any successor or substitute Personal Representative all of the
powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the
(:ommonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and
I~ iduciaries Code, as effective and as in effect on the date of my death, during the administration
a.nd until the completion of the distribution of my estate. I direct that all such powers shall be
construed in the broadest possible manner and shall be exercisable without court authorization.
(1) Power to Acquire and Retain Assets. My Personal Representative is authorized
and empowered to acquire and to retain, either permanently or for such period of time as my
Personal Representative may determine, any assets, including the capital stock of any closely
held corporation, whether such assets are or are not of the character approved or authorized by
law for investment by fiduciaries and whether such assets do or do not represent an
overconcentration in one investment.
(2) Power to Disclaim Interests. My Personal Representative is authorized and
empowered to disclaim any interest, in whole or in part, of which I, or my Personal
Representative, maybe the beneficiary, devisee, or legatee, by executing an appropriate
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instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended,
or such similar section as may then be in effect).
(3) Power to Sell Assets and Borrow Funds. My Personal Representative is
authorized and empowered to sell at public or private sale, or exchange, and to encumber or
lease, for any period of time, any real or personal property and to give options to buy or lease any
such property. Additionally, my Personal Representative is authorized and empowered to
compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge
property as security therefor, to make loans to and to buy property from anyone (including a
fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and
at a fair interest rate.
(4} Power to Allocate Receipts. My Personal Representative is authorized and
empowered to allocate property, charges on property, receipts and income among and between
principal or income, or partly to each, without regard to any law defining principal and income.
ARTICLE IX
Discretion Granted to Personal Representative in Reference to Tax Matters. My Personal
Representative as the fiduciary of my estate shall have the discretion, but shall not be required
when allocating receipts of my estate between income and principal, to make adjustments in the
rights of any beneficiaries, or among the principal and income accounts to compensate for the
consequences of any tax decision or election, or of any investment or administrative decision,
ghat my Personal Representative believes has had the effect, directly or indirectly, of preferring
one beneficiary or group of beneficiaries over others; provided, however, my Personal
Representative shall not exercise its discretion in a manner which would cause the loss or
reduction of the marital deduction as maybe herein provided. In determining the state or federal
estate and income tax liabilities of my estate, my Personal Representative shall have discretion to
select the valuation date and to determine whether any or all of the allowable administration
expenses in my estate shall be used as state or federal estate tax deductions or as state or federal
income tax deductions. If my estate plan includes a revocable trust agreement and it contains
directions to my Personal Representative, Idirect my Personal Representative to follow the
directions in such trust agreement.
ARTICLE X
Simultaneous Death Provision Presuming Beneficiary Predeceases Testator. If any
beneficiary and I should die under such circumstances as would make it doubtful whether the
beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that
the beneficiary predeceased me.
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Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal this ? day of ~~G-~~~-~r.-~-~-'" 2004.
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s;~~~;,..tic..~a.~.~ ~' ~ ~, ~--z~-~C-- (SEAL)
Louise V. Cook
Attestation Clause. The foregoing Will was this ' ~~ day of , , 2004,
;signed, sealed, published and declared by the Testator as and for her Last Will and Testament in
our presence, and we, at her request and in her presence, and in the presence of each other, have
hereunto subscribed our names as witnesses on the above date.
of
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PROOF OF WILL
COMMONWEALTH OF
PENNSYLVANIA
COUNTY OF CUMBERLAND
Self-Proving Affidavit
We, Louise V. hook, and ~OLJ/1~-~,.~~ / ~--
and ~~,.-~~~~ ~ (.,~/~.the Testator
and the witnesses, respectively, whose names are signed to the attached oil foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testator signed
and executed the instrument as her Last Will and that she had signed willingly (or willingly
directed another to sign for her), and that she executed it as her free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of the
Testator, and in the presence of each other, signed the Will as witness and to the best of our
knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under
no constraint or undue influence.
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Louise V. Cook
Witness
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Witness
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Witness
Subscribed, sworn to, and acknowledged efore me by Louise V. Cook, tl~e Testator and
sub ribed and ~orn tq before me by rte-- ~ ~"
~-~,,~,~...4-P and a.~" ~~ u~~
witnesses, is ILe~-day of cr/ , 2004.
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NOt~ry PUbI OMMOI~WEALTH OF PENNS~6vnnu
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Public
Camp Hill Boro., Cumberland County
- 7 - My Commisswn Expires February 3, 2008