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Home My WebLink About01-21-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of William R. Kennedy ,Deceased File Number 21-10- ~~ „`( Social Security Number 191-28-6584 Petitioner, who is 18 years of age or older, applies for: (COMPLETE `A' or `B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executor named in the last Will of the Decedent dated April 1, 2002, and codicil dated November 14, 2008. 1. At the time of his death, Decedent and his wife, Denise M. Thomas Kennedy, were involved in divorce proceedings docketed to No. 07-3072 Civil Term in this Court. 2. At the time of his death, Decedent was residing in the marital residence at 351 York Road, Carlisle, Pennsylvania 17013. 3. At the time of Decedent's death, the marital residence was owned by Decedent and his wife as tenants by the entirety. 4. Petitioner believes and therefore avers that Decedent's aforesaid last will and testament and codicil were never revoked and that the originals are within the marital residence. 5. The widow has refused to permit Petitioner to enter the marital residence to search for the original last will and testament and codicil under threat of criminal prosecution. 6. The attached photocopies of the last will and testament and codicil are true and correct copies of the originals thereof. (State relevant circumstances. 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: ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~~ Name Relationship Residenc'~? ~ ~, ';_ -- _za ~-- ,~ ~- (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. - ~ ~ , , `~.' It _ ~ `` Decedent was domiciled at death in Cumberland County, Pennsylvania with his last principal r~rd nce at 331 ',:.~> .'_: York Road, Carlisle, PA 17013. ~' ~ 0 Decedent, then 75 years of age, died on December 20, 2009, at 351 York Road, Carlisle, PA 17013. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: $75.000.00 Wherefore, Petitioner respectfully requests the probate of the last Will and Codicil presented with this Petition and the grant of letters in the appropriate form to the undersigned: Sign~a~tur~e Typed or printed name and residence L"~ ~ Wayne F. Shade 53 West Pomfret Street Carlisle, PA 17013 ~~ C Q _ ~ ~,' } ~ ~ ~~,~Ca . ., OATH OF PERSONAL REPRESENTATIVE ~~-;,fin ~, >' , N r' _ , ~ ~ -- ~%:f , -c~ COMMONWEALTH OF PENNSYLVANIA) .- ~ ~ ~ ~ ,: SS: ~_ ~ ~ , ,-~-, COUNTY OF CUMBERLAND ) :-~`-~- ~ a The Petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that, as personal representati ve of the above Decedent, Petitioner will well and truly administer the estate according to law. Sworn to or affirmed an subscribed ~~ ~~~-yWs befo me this ~ 'T day of Wayne F Shade (~ 2010 For the Register File Number 21-10- t~C~-"( Estate of William R. Kennedy, Deceased Social Security Number: 191-28-6584 Date of Death: December 20, 2009 AND NOW , 2010, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Wayne F. Shade in the above estate and that the instrument dated April 1, 2002, and November 14, 2008, described in the Petition be admitted to probate and filed of record as the last Will and Codicil of Decedent. FEES Letters .................. $ Short Certificate(s) ........ $ Renunciation(s) ........... $ ... $ ... $ ... $ ... $ ... $ ... $ ... $ ... $ ... ~ Attorney Signature: Attorney Name: Supreme Court ID No. Address: Telephone: Register of Wills Wayne F. Shade, Esquire 15712 53 West Pomfret Street Carlisle, PA 17013 717-243-0220 TOTAL .......... $ 105.805 REV (Ol/f r7) 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 16053128 Certification Number l5 ~105.1N REY /,It90d TYPE / PRM IN PERM1fF!!T 1xAaL alc #37-171 i at ~0~~1 This is to certify that the information here given correctly copied from an original Certificate of De: duly filed with me as Local Registrar. The origii certificate will be forwarded to the State Vi Records Office for permanent filing. ~~ ~~~~;~fl d z 2 i~~ Local Registrar. Date Issued C-? _ C Q ~ ' ~~ _.:~ ~ , ~y~ . _:r. %'~ L ~J.- - r .. .. ' -^i 1 ) - . COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (Sae Instructions and examples on re,reree) ~,~ ~„ ~ .a ~r:o ,. Nrr a DecadeiN )FhL meta bd, edyr) 2. Sr s. saw Seably Netter ~. Dre a ors 1~, dey~ )'•r) William R Kenned ,Jr. Male 191 - 28 - 6584 December 20, 2009 s. A". M1+r aarry) uarr t Undar, d. DYa a arm sbdn, T. ~ er awa a 9a Pbx a Dora (f2kdc ar) 75 car. o.,. ra.. aena. "~ Odrr. Y~ November 10, 193 Philadelphia, PA ^ ^EN/odpatlanl ^~ ^~ ^~ ~^ s. cwq d Deem ea dy, Dew 9t Pady Name m M braraa pre rest andanter) s. r~r arymy ®N" ^ Yr to bar. sack vAdk, rc. Cumberland South Middleton Is t+a eperay Cub 351 York Road Merrn,ParbRkrr,eb) White tt. Oarrr'a Uaw d nak dar mar d Na Do rw akk 12 vka Dardara aev b h 13. DendaMa F9uw9on (gP•aY ony aglwe 9rad• aanWkdl u. y1r9r amc atrrla4 Nmr rdrkd, ,s. swLrmo Spars 91 wwa, pNe mrdr ~) lod a Yae l9r a 1-rlrkaa / bdwy u.s. AmW Paasa Ekmmrry / Seaadsry 1o-,2) odlage lu a s<I YAdore4 o"aced (9pad'y) Contractor Electrical ^rr [~b 12 Married Denise M. Z't'1tlilas 16. Daaedre'a Merp Addrr (SeeaL a9y /bra ebb. eq awry Deoadrl'a Dq Dartlre PA 351 York Rd. Amw~~ tTa.ere ueeb. „a.[7Jy,,,Oradralirdb South Middleton r•n T °"~p4 nd. ^ oe tw arHn ,n. ~ Cumberland PA ~ ~ a Oy/eco tt Fatart Nrr (RtK nrda, kr. aal"~ 19. MotlierY Net (FYeI, nddae, mrrn wronr) William R. Kennedy, Sr. Anna R. Cramer 29a. bbmrnh Nana (rypa / RM 2a. bbmrnt's AkagAddra (9Y•eL dy/ ben rrk, ap wtlry Denise M. Ttlalias Kennedy PO Box 355, Blue Ball, PA 17506 21a MAbd d DYpae"bn ®drntla ^ Oak9r 210. 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LAST WILL AND TESTAMENT I, WILLIAM R. KENNEDY, of the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my daughter, LINDA ANN KENNEDY, if she survives me. THIRD. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. FOURTH. If my daughter, LINDA ANN KENNEDY, should fail to survive me, I WAYNE F. SHADE Attorney at l.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 give, devise and bequeath the said residue of my Estate unto such of the three children of my son, J. WILLIAM KENNEDY, who shall survive me, in equal shares. FIFTH. I nominate, constitute and appoint ORRSTOWN BANK, of Cazlisle, Pennsylvania, its successors or assigns, to serve without bond as the Trustee of any property which shall pass, either under this my Last Will and Testament or otherwise to a minor as defined herein and with respect to whom I am authorized to appoint a Trustee and have not otherwise specifically done so; provided that this appointment of Trustee shall not supersede the right of any fiduciary in its discretion to distribute such share to the said minor or to another for the benefit of the said minor. The said Trustee is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, in, invest and reinvest the corpus of said Trust in such securities and other property as be deemed prudent without being restricted to investments known as legal WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]'7013 investments for fiduciaries under the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guazantee maximtun conservation of the Trust funds and the greatest production of income for the beneficiary. I hereby authorize the said Trustee to expend any monies from principal or interest for the beneficiary that in the sole discretion of the Trustee is deemed necessary for the caze, health, education, maintenance and general welfaze of the beneficiary; the word "education" shall be construed to mean apre-college course, high school education, college education and post-graduate education. It is my intention that the foregoing powers may be exercised by the said Trustee without prior Court approval and without further responsibility to the beneficiary, the pazents of the beneficiary or to any other person or persons taking care of the beneficiary. The age of majority for all purposes concerning this my Last Will and Testament shall be deemed to be the age of twenty-two (22) years. If the beneficiary of this Trust should fail to survive to ultimate distribution of the Trust herein, I order and direct that the remainder of this Trust be distributed as part of my residuary estate. SIXTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anytime whether with respect to present or future interests. SEVENTH. Any and all decisions, determinations or actions made or taken by a personal representative or Trustee hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 EIGHTH. My personal representative or representatives hereinafter named shall, in addition to the powers vested in them by law and by other provisions of this my Last Will and Testament have, without the necessity of prior Court approval, the power to carry on alone or jointly with others any business in which I may have an interest at my death for whatever period of time they may think proper, without personal liability for any operating losses. In the operation of said business, they shall have the power to do any and all things they deem necessary or appropriate, including the power to merge or incorporate the business, the power to borrow and to pledge assets contained in my Estate ~as security for such borrowing, and the power to close out, liquidate or sell the business at such time and upon such terms as to them shall seem best. NINTH. I order and direct that, upon my death, my body be cremated in lieu of burial and that disposition of my ashes be at the discretion of my personal representative. LASTLY. I nominate, constitute and appoint my daughter, LINDA ANN WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 KENNEDY, to be the Executrix of this my Last Will and Testament, but if, for any reason, she should fail to qualify as such Executrix or decline or cease so to serve, I nominate, constitute and appoint my legal counsel, WAYNE F. SHADE, to be the Executor hereof, each to serve without bond. IN WITNESS WHEREOF, I, WILLIAM R. KENNEDY, have hereunto set my hand and seal to this my Last Will and Testament which consists of six (6) .typewritten pages to each of which I have affixed my signature, this l s t day of Ap r i 1 , A.D. Two Thousand Two (2002). (SEAL) William R. Kennedy The preceding instrument, consisting of this and five (5) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by WILLIAM R. KENNEDY, the Testator therein named, as 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 subscribed our names as witnesses hereto. ,~,~ ~ ;, Acknowledgment WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, WILLIAM R. KENNEDY, the person whose name is signed to the 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 and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by WILLIAM R. KENNEDY, this 1st day of Apr i 1 , 2002. William R. Kenne y C~ 7~ Notary Publ' Notarial Seal Connie J. Tritt, Notary Public Affidavit Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) We, Helen H. Shade and Leonard W. Tritt ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness; and that, to the best of our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Helen H. Shade and Leonard W. Tritt ,witnesses, this 1st day of Apr i 1 , 2002. ~~.~~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~ ~~ Notary Publ' ---- Notarial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County ~ My Commission Expires Oct. 5, 2004 CODICIL I, WILLIAM R. KENNEDY, the within named Testator, do hereby make and publish this Codicil to my Last Will and Testament dated April 1, 2002, as follows: FIRST. I nominate, constitute and appoint my legal counsel, WAYNE F. SHADE, to be the Executor of this my Last Will and Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my daughter, LINDA ANN KENNEDY, to be the Executrix hereof, each to serve without bond. SECOND. I hereby ratify and confirm my said Last Will and Testament in all other respects. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 14th day of November, A.D. Two Thousand Eight (2008). '~ (SEAL) William R. Kennedy The preceding instrument was, on the date thereof, signed, sealed, published and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 declared by WILLIAM R. KENNEDY, the Testator therein named, as a Codicil to his Last Will and Testament, and we, at his request, in the presence of each other, have subscribed our names as witnesses hereto. ~i~F~ . ,. Acknowledgment COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, WILLIAM R. KENNEDY, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by WILLIAM R. KENNEDY, this 14th day of November, 2008. William R. Kennedy ~.~ Notary Publ' WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public CarUsle Boro., Ctlmberla~ County My Commission October 5, 2012 -2- !- Affidavit ~.. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: We, Wavne F ch~a~ and witnesses whose names are signed hereto, bein dul Helen H. Shade ,the depose and say that. fhe preceding instrument was,'on the d tedthereof sng eo law, do published and declared as a Codicil to his Last Will and Testament b W d' Sealed, {ENNEDY, the Testator therein named, willingly and as his fr y ILLI'AM R. he purposes therein expressed; and that, to the best of our knowledge, theuT s a act for hat time eighteen or more years of age, of sound mind and under no constraint for was at nfluence. or undue Sworn to or affirmed and subscribed to before me by Wa ne F. Shade and ~Pn u Sh., v d__ a ____, witnesses, this 1_ 4_ day of November, 2008. ~~ Notary P blic COM!HONWEALTH OF PENNSYLVANIA CONNIE JO. TRITT ~ Punic Carlisle Boro., Cumberland Cow My Commission Expires ~tober S X12 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3-