HomeMy WebLinkAbout07-31-09Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
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Paul S
Kann No ~ ~ ~ ~ 1' ~ I ~ a(/ ,_+
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also known as ,Deceased
Social Securi No. 546-36-3401 ~ o
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Pennsylvania
late of Carlisle
Cumberland County ,
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Petitioner(s), who Is/are 18 years of age or older apply(ies) for: ~~' ~ ~~~'' r•~
COMPLETE "A" OR "B" BELOW:) ~~0~ 3 _
nd Grant of Letters and aver that
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t Petitioner is the executrix named in the Last~lUt'~f the D~ede(1k,
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dated Julv 21. 1995 and codicil(s) dated N/A
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Stets relevant circumstances, e.g., renunciation, death of ezewtor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
^ 8. Grant of Letters of Administration
(c.t.e., d.b.n.c.t.a.: pentlente INe; dureMe absentia; tlurante minarkate)
Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following
Decedent, then 85 years of age, died Mav 15. 2009, at Church of God Home. 801 N. Hanover St.. Carlisle, PA 17013
(Lpcadon)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property .................................................................................$ 10.000
(If not domiciled in PA) Personal property in Pennsylvania .............................................$
(If not domiciled in PA) Personal property in County .......................................................$
Value of real estate in Pennsylvania ....................................................................................................$
Total ......................................................................................................................................$ 10.000
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and
or orlnrea name
PA 1
Forth RW4 Pege 1 of 2 (Oaup~in County -Rev. 9/92)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence
at Church of God Home, 801 N. Hanover St., Carlisle PA 17013
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and
correct to the best of the knowledge and belief of Petitioners and that, as personal representative of the
Decedent, Petitioner will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
before me this 1-1L day of
. ~, 2
Estate of Paul S. Kann, Jr., Deceased
also known as
Social Security
AND NOW,
consideration of the Petition on the revs
Timothy P. Kann r/'
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:REE OF REGISTER ->cnT - _;
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Date of Death May 15, 2009 ~,
~~~1! , 20~, in
h~rrkon, satis~ctory proof having been presented before me,
IT IS DECREED that Letters ®Testamentary ^ of Administration
(c.La,; tl,b.n.c.l.; pendenle Ibel durenfe eWenlla; durenle minorilele)
are hereby granted to Timothv P Kann
in the above estate and that the instrument(s), if any, dated ~ - a ~ -i99s
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ................................. $ ^ ~ RegisteroLWillsi~/oivpr~ /yn
Short Certificate(s) .............. $ `/ "'~/~
Renunciation ....................... $
Extra Pages ( ) ................. $
Codicil ............................... .
JCP Feed $ ~ ,
Inventory & Tax Forms........ $
Other ................................... $
TOTAL ................... $ IaD.
f~ 1 ~ ~,.~....
Attorney: Jennifer Denchak Wetzei, Esq
I.D. No.: 200391
1700 Bent Creek Boulevard
Suite 160
P.O. Box 659
Address: Mechanicsburg, PA 17055-0659
Telephone: 717-620-2440
DATE FILED:
Fonn RW-1 Pape Z W 2 (Deupbin Caunry -Rev. B/B2)
10997v1
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 15434310
Certification Number
This is [o certifi/ [hat [he infomtation here given is
correctly copied from an original Certificate of Death
duly filed with me as Local RegisVaz. The original
certificate will be forwarded to [he State Vital
t~'~R~ecords Office for permanent filing.
~4ixve.R~t~.rY.~..4~,e,.e,r _~N 1 ~ 20(39
Local Registrar Date Issued
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NIRNn my ursom COMMONWEALTN OF PENNSYLVANIA • DEPARTMENT OF NEALTN • VRAL RECORDa
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~~ CERTIFICATE OF DEATH
(BN Inetn+mbne eml anmplp OII mwree) x>•~7E FILE xuuRER
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Last Will and T
OF
PAUL S. KANN
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I, PAUL S. KANN, of Carlisle, Cumberland County, Pennsylvania, do make,
publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate taxes
becoming due by reason of my death, whether such taxes may be payable by my estate or by
any recipient of any property, shall be paid by the Executor out of the property passing under
ITEM IV of this Will, as an expense and cost of administration of my estate. The Executor
shall have no duty or obligation to obtain reimbursement for any such tax so paid, even
though on proceeds of insurance or other property not passing under this Will.
TTEM II: I direct the Executor to pay the expenses of my
last illness and funeral expenses from the property passing under this Will as an expense and
cost of administration of my estate.
ITEM III: If I predecease my wife, ERIS J. KANN, I give
and bequeath to her absolutely and in fee simple all of my household furniture and
furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other
articles of household or personal use or adornment and all policies of insurance thereon. If I
do not predecease my said wife, I make said bequest to my children living at the time of my
death, to be divided among them as they shall agree. Should there be no agreement, such
Page 1
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property shall be divided among them by the Executor in as nearly equal portions as is
deemed practical in the sole discretion of the Executor, having due regard to the personal
preferences of such children.
ITEM IV: I give, devise and bequeath all the rest, residue
and remainder of my estate, not disposed of in the preceding portions of this Will, to ERIS J.
KANN, IN TRUST NEVERTHELESS, to be held, administered and distributed in accordance
with the terms of a certain Agreement of Trust executed by myself and said ERIS J. KANN
as Trustees and by me as Grantor, on the p?/~ day of ~u-~-j , 199~I hereby
confirm and ratify said Agreement of Trust in every respect. ~
ITEM IX: In the settlement of my estate, the Executor shall
possess, among others, the following powers:
(a) To retain any investments I may have at my death, including
specifically those consisting of stock of any bank even if I have named such bank as
the Executor herein, as long as the Executor may deem it advisable to my estate so to
do.
(b) To vary investments, when deemed desirable by the Executor, and to
invest in such bonds, stocks, notes, real estate mortgages or other securities or in such
other property, real or personal, as the Executor shall deem wise, without being
restricted to so-called "legal investments", and without being limited by any statute or
rule of law regarding investments by fiduciaries.
Page 2 -~5----~~-
(c) In order to effect a division of the principal of my estate or for any
other purpose, including any final distribution, the Executor is authorized to make said
divisions or distributions of the personalty and realty partly or wholly in kind, and to
allocate specific assets among beneficiaries hereunder so long as the total mazket value
of any share is not affected by such division, distribution or allocation in kind. Should
it appear desirable to partition any real estate, the Executor is authorized to make, join
in and consummate partitions of lands, voluntarily or involuntarily, including giving of
mutual deeds, recognizances or other obligations, with as wide powers as an individual
owner in fee simple.
(d) To sell either at public or private sale and upon such terms and
conditions as the Executor may deem advantageous to the estate, any or all real or
personal estate or interest therein owned by the estate severally or in conjunction with
other persons or acquired after my death by the Executor, and to consummate said sale
or sales by sufficient deeds or other instruments to the purchaser or purchasers,
conveying a fee simple title, free and clear of all trust and without obligation or
liability of the purchaser or purchasers to see to the application of the purchase money
or to make inquiry into the validity of said sale or sales; also, to make, execute,
acknowledge and deliver any and all deeds, assignments, options or other writings
which may be necessary or desirable in carrying out any of the powers conferred upon
the Executor in this pazagraph or elsewhere in my Will.
(e) To mortgage real estate, and to make leases of real estate.
Page 3 ~~
(f) To borrow money from any party, including the Executor, to pay
indebtedness of mine or of my estate, expenses of administration or inheritance,
legacy, estate and other taxes, and to assign and pledge assets of my estate therefor.
(g) To pay all costs, taxes, expenses and charges in connection with the
administration of my estate.
(h) To make distributions of income and of principal to the proper
beneficiaries thereof, during the administration of my estate, with or without court
order, in such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) To vote any shazes of stock which form a part of the estate, and
othenvise to exercise all the powers incident to the ownership of such stock.
(j) In the discretion of the Executor, to unite with other owners of similaz
property in carrying out any plans for the reorganization of any corporation or
company whose securities form a part of the estate.
(k) To disclaim any interest in property which would devolve to me or my
estate by whatever means, including but not limited to the following means: as
beneficiary under a will, as an appointee under the exercise of a power of
appointment, as a person entitled to take by intestacy, as a donee of an inter vivos
transfer, and as a donee under athird-party beneficiary contract.
Page 4
(1) To do ail other acts in the Executor's judgment deemed necessary or
desirable for the proper and advantageous management, investment and distriburion of
the estate.
ITEM X: Any person (other than my wife) who shall have
died at the same time as I shall have, or in a common disaster with me, or under such
circumstances that the order of our deaths cannot be established by proof, or within thirty
(30) days of my death, shall be deemed to have predeceased me. If my wife and I die
simultaneously, or under such circumstances that the order of our deaths cannot be established
by proof, my wife shall be deemed to have survived me.
ITEM XI: If at any time any beneficiary under the age of
twenty-one (21) years shall be entitled to receive any assets hereunder, the Executor under
this Will shall receive such assets as Custodian under the Pennsylvania Uniform Transfers to
Minors Act for that beneficiary. Such Custodian may receive and administer all assets
authorized by law, and shall have full authority as provided in the Pennsylvania Uniform
Transfers to Minors Act to use such funds in the manner it deems advisable for the best
interests of such beneficiary. In addition, said Custodian shall have all the rights and
privileges as to the Custodianship and its assets as are herein granted to the Executor as to
my estate and the assets therein. I also designate said Custodian as successor Custodian of
any property for which I am custodian under any Uniform Gifts to Minors Act, or Uniform
Transfers to Minors Act.
ITEM XII: I hereby nominate, constitute and appoint my
wife, ERIS J. KAHN to be the Executrix. Should she be unable or unwilling to serve as
Executrix, I nominate, constitute and appoint my son, TIMOTHY P. KAHN to be the
Page 5 "eS 1<^
Executor. Should he be unable or unwilling to serve as Executor, I nominate constitute and
appoint my daughter, JANELLE E. ELAN to be the Executrix. Should she be unable or
unwilling to serve as Executrix, I nominate, constitute and appoint FARMERS TRUST
COMPANY to be the Executor. The Executor is specifically relieved from the duty or
obligation of filing any bond or other security.
IN WTI'NESS WHEREOF, I have set my hand and seal to this, my Last Will
and Testament, consisting of this and the preceding five (5) pages, at the end of each page of
which I have also set my initials for greater security and better idenflfication this c'('~ day
of ~q , 199 j ~ ~
l -.~~L(.Z~ ~~• ~l~,d~' - (SEAL)
PA S. KANN
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declazed by the above-named Testator as and for his Last Will and Testament,
in the presence of us, who, at his request and in his presence and in the presence of each
other, have hereunto set our hands and seals the day and year first above written, and we
certify that at the time of the execution thereof, the said Testator was of sound and disposing
mind and memory.
,~ ~ 'u-6~ (SEAL) Residing at ~~~ ~V`~~ "~j~~%~~~11(
~~n~ ~,,,.l.t, /~- ~~7013
Residing at ~_ ~ ~Y
~'.:~icli5~e ~~ 17013
(SEAL) Residing at
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF )
I, PAUL S. KANN, Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed
and executed the instrument as my Last Will and Testament; that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes therein expressed.
~GUt~1C/ ~ ~G~lif/y'1^ (SEAL)
PA S. KANN
Sworn to and subscribed before
me this day of
19 .
Notary Public
My Commission Expires:
(SEAL)
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF )
We, ~(nn~~ ~.,, ~ ~1 M~~IJ ~'Yh?~-' and
,the Witnesses whose names aze signed to the attached or
foregoing instrument, being duly qualified according to law, do depose and say that we were
present and saw Testator, PAUL S. KAHN, sign and execute the instrument as his Last Will
and Testament; that Testator signed willingly and that he executed said Will as his free and
voluntary act for the purposes therein expressed; that each of us in the hearing and sight of
the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator
was at that time eighteen (18) or more yeazs of age, of sound mind and under no constraint or
undue influence.
~ f, ,
C~ `-' fitness
J Wit ess
Witness
Sworn to and subscribed before
me this day of
. 19
Notary Public
My Commission Expires:
(SEAL)
26340 1
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN )
On the 25th day of July, 1995, before me the subscriber a Notary Public, in and
for the Commonwealth of Pennsylvania, personally appeared Matthew A. Cosenza, Esq., who,
being duly sworn according to law, says that he was personally present at the execution of the
Last Will and Testament of Testator, Paul S. Kann, and acknowledged that the said
instrument was duly executed by Paul S. Kann, whose name is signed to the attached or
foregoing instrument, and that Paul S. Kann signed willingly and that he executed said Will
as his free and voluntary act for the purposes therein expressed.
~-._
a thew .Cosenza
Sworn to and subscribed before
me this alit- day of
,Q~~.P~i , 19-~
Notarial seal
Lisa Marie Ulsh, ^' Puf~iO
Mybomam~issor~,'~s teas
6 tlf
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ~a )
I, Matthew A. Cosenza, Esq„ being duly qualified according to law, do depose
and say that I was present when the Witnesses, whose names are signed to the attached or
foregoing instrument, saw the Testatrix sign the Will, and that said Witnesses believed to the
best of their knowledge that the Testatrix was at that time eighteen (18) or more years of age,
of sound mind and under no constraint due influence.
r
atthe . Co za, Esq.
Sworn to and subscribed before
me this ~~ day of
19 tS. snn ,
C ~./.bQ.~~-ems G~
Norafialseal
LJsa Made Ulsh, tvrtary PubRo
Harrisburg, whin eau
My bemmissian 6i~lrss Feb. t ; is9A
eii ,
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN )
On the 25th day of July, 1995, before me the subscriber a Notary Public> in and
for the Commonwealth of Pennsylvania, personally appeared Matthew A. Cosenza, Esq., who,
being duly sworn according to law, says that he was personally present at the execution of the
Last Will and Testament of Testator, Paul S. Kann, and acknowledged that the said
instrument was duly executed by Paul S. Kann, whose name is signed to the attached or
foregoing instrument, and that Paul S. Kann signed willingly and that he executed said Will
as his free and voluntary act for the purposes therein expressed.
atthew A. Cosenza
Sworn to and subscribed before
me this fsf day of
JS~e~s.nb~r , 19 PS.
~~l~e ~'
vv sem_~
„ ~ Nota~as
rer~
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ~ )
I, Matthew A. Cosenza, Esq., being duly qualified according to law, do depose
and say that I was present when the Witnesses, whose names are signed to the attached or
foregoing instrument, saw the Testator sign the Will, and that said Witnesses believed to the
best of their knowledge that the Testator was at that time eighteen (18) or more years of age,
of sound mind and under no constraint or undue influence.
atthew A. Cos~nz5, Esq
Sworn to and subscribed before
me this /s~ day of
/t~ooe-••~ b~ ~ , 199.6
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RENUNCIATION r
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REGISTER OF WILLS o ~ ~
CUMBERLAND COUNTY, PENNSYLVANIA ~_1 N
Estate of Paul S. Kann, Jr., Deceased
I, Eris J. Kann, in my capacity/relationship as surviving spouse of the above Decedent, hereby
renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to
Timothy P. Kann.
~ i , ~l~ ,200
(Date)
Executed in Register's Office
Sworn to or affirme and subscribed
before me this " Sf day
~d11~LI.ld,Li~L~~~~¢Cd1C1[~CY_1/
Deputy for Register /ff Wills
~~Aa~ ~~,
(Signature)
Cottage at Cumberland Crossinss
23 Handel Loop
(Street Address)
Carlisle. PA 17015
(City, State Zip)
Executed out of Register's Of,%i'ce
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of ,
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Ilg0lvl
Farm RW-06 rev. 10./3.06