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HomeMy WebLinkAbout04-01-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNS'~1YLVANIA Estate of Donald L. Carter Sr. File Number 21 - ~ ~ ' Q 3~ also known as Donald Carter or D.L. Carter Deceased Social Security Number 162-22-1825 Diane M. Freedman Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `i3' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix last Will of the Decedent, dated 03/06/2C)1 ~ and codicil(s) dated named in the Donald L Carter, Jr and Gregory D Carter named Co-Executors renounced their right to administer this Estate and asked that Diane M. Freedman be named Executrix. 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 Qfapplicab/e, enter: c.t.a.; d.b.n.c.t.a.; pedente liter 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: (/f Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence c~_ f~ `; =~ '~ > ~° - , c~ '_ , - a3= c°. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. 'c ~ -• _' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~-, 704 Hilltop Drive, New Cumberland, PA 17070 (List street address, town/city, township, county, state, zip code) M.S. Hershey Medical Center, Derry Township, Dauphin County, Decedent, then ~ years of age, died on 03/10/2010 at Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County 50,000.00 535.500.00 situated as follows: 6425 Carlisle Pike, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: ~ Signature Typed or printed name and residence ~ Diane M. Freedman 700 Drexel Hills Boulevard New Cumberland, PA 17070 (717) 554-1861 Form RW-O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 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. of Personal Representative Diane M. Freedman Signature of Personal Representative r~ c~ Signature of Personal Representative , rya __ I _. __, File Number: 21 - j (~ ' 'aj~j 7 ~~ ~ _q i) --i ~:; Estate of Donald L. Carter Sr. ,Deceased -- , A/IVA Donald Carter or D.L. Carter `' Socfia~lJSecur(ity~Number: 162-22-1825 Date of Death: 03/10/2010 AND NOW, f ~ I~ILrI ~ , c~ ~ a! © , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Diane M. Freedman in the above estate and that the instrument(s) dated 03/06/2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ c~ (,/ . ~ /V,, Short Certificate(s) ....................... $ ~~, ~ V Renunciation(s) ............................ $ J~. ~(~ l1I i I l $ I'~ ~ ~ Z~ ~}Ld'1 L:n~~~l.~~. $ ~. C~ t7 $ $ $ $ $ $ TOTAL ................................... $ ~ ~ 3 • ~ 4~ Supreme Court I.D. No.: $6556 Bogar and Hipp Law Offices Address: 1 West Main Street Shiremanstown, PA Telephone: 717-737-8761 Form RW-O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Sworn to or affirmed and subscribed before me this day of Attorney Signature: Attorney Name: Jennif B. HI I tic .. > :21.1 , ,I,r.. LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. I=ee for this cart fic<fte. $6.(1(? P _16175929 Certificiltio,~ i'Vumber This i~ to ~ertih. that the inform;ltil;n here t~i~~el? correcti~. eo~i;~d I~t~th stn f~rir~insl ~'rrtit'i,.atle of i)e:1 duly kited ~~'ith :r,c as Local Re'~~~,trtfr, l'he ori~7in~ certificate ti~ill F1e i~fntiarded t11 tizc State Vit. fZccurds Oti~i~c i~ir t~e~n~atlent fi,;lr~ ~G,~,,,L ~ ~ ,. M R 1 2011 - -------- -- ---~--~L-- 1~.7 Local Rey*i<tr:u -_~ ~ 1)a(e ls~;>le(i - :7 Y~• ' ---, ~~ ~i._":-- pz~ -- t . .1„~; ._._. ,- -~ i.a 1 ~_. ~, _ ~:~ r;-. , 13 REV 112008 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS /PRIM IN H"'A"~ CERTIFICATE OF DEATH LACK INK (See instructions and examples on reverse) cTeTC c 1. Name d Decedent (f1rsL middle, last, sdfix) 2. Sex 3. Social Securlly Number ~... 4. Dare of Deem (Momh, day, year) Donald L. Carter Sr. Male 162 - 22 - 1825 March 10 2010 5. Age (Last BiNdey) Under 1 UMer 1 d 6. Date d Birth Mamh, r 7. Bi and stem a cou h. Plea of Dam Check one Manna Dare Hcuro Mlnuma H osp it~l: Other: Yre. ~ ~ / L`1 Iripatiem ^ ER / Ou~etlent ^ DOA ^ Nursing Home ^ Residerica ^ Other ~ Specify: a1. Coumy d Dam Bc. Ctly, Bao, Twp. d Death a. Factliry Name (h not InstlNlmn, ghre sheet aM numbed 9. Wes Decedent d Hlapank Origin? ~ No ^ Yes 10. Raca~ American Indian, Black, White, etc. Dau bin De T (II yes, spedly Cuban, (S 7I M.S. Hershe Medical Center Mexkan, Puerto Rkan aro.) White 1 t. Decadence lleuel Kind d work done du moel d Ne. Do nog slate retl 12 Was Decedent ever m the 13. DecedenYS Educetlan (Seedy onN t 9r~e canPmted) 14. Medial Status: Merced, Never Merced, 15. SurvNkq Spouse (H wife, give maiden name) Kind d Work Kmd d Business/ Induelry U.S. Armed Forca7 Elementary / SemMary (612) Cdlege (1 d or 5F) ~' ~0~ ISPa<~NI Yea ^ Nc • V 16. Decehnra MeiNrg Address (Street, ciy I town, smte, zip cede) Decedent's Did Decadent 704 Hilltop Drive Aaual Residence 17a. Smm Pa live in a 17c. ^ Yes. Decedent LNed in Twp. Township? ' .t tmharlanrl 1Td.)~1 e 70. Count' ( n olNed wimin New Cumberland i m ciy/BOrp 18. Femere Name (Fiat, middle, last, suffix 19. Homers Name F ( rat, middm, maiden aumeme) ZOe. InmmranYS Name (Type / Pnnt) 206. Inrormenys MINI Addreee Street, ng ( dry /town, amts. zip code) Marian Carter 704 Hilltop Drive New Cumberland Pa 17070 21 a. M e~~tl roxd d Dispositlon ~ ^ Cmmafian ^ Donaton 21b. Dam d Diepoeitian (MOnm, day, year) 21c. Place d Depostlion (Name of cemetery, crematory or oma place) 21d. Location (CM/town, srete zip code) rr V[ Ll~Bunal ^ Rertaval tram State i Wa Cremalbri or Donatlon Auttatrired , ^ Oman ~ by NbAeal EaminerlCororrR ^ Ves^ No 21a d F rvke a such) 22b. Lkerree Nlermer .Name end Address d Fedliry - ' ' 011 54- e s- a Fluieral Home Inc 1903 Market t. Cam Hill Pa 17011 23aa my a ng 23a. 7o the best of my knowmtlge, deem oauired at me time. dam end pmts srered. (Signature and title) 23b. Lkeme Number 23c. Dale Sigrred (Monet day ear) phyaidan M nd aveimhle at time of deem m , , y cerNy cause d deem. Imrns 24.28 must he compemd by person 24. Thne d Deem 28. Date Pronounced Deed (Momh, day, year) 28. Was Case Relenad to Medial Examiner /Coroner fa a Reason Omer than Cremetbn or Donation? wla pmmunces dam. 11 '• 25 P M. M arch, 10 a d t O ^ Ya ^ No CAUSE OF DEATH (Sae InaWCtiona and exemplee) i Approximele mmrvel: Pert II: Enmr omer siaJficant mndmara mnMh mm ro death 28. Did Tohecw Use Contribute to Deem? Item 27. Part I: Enter me again d evenm - dmeases, kyunes, a conplicetione -mat directly caused me deem. DO NOT enter termmel events such as cardiac anent, r Onset to Deem but nd reauaing in me undadying cause given In Pen I. ^ Ve ^ Probabl , rapiretory sneer, a venlrkuler iNlrNletion wPowd atiowing kite etiomgy. List ady are reuse on each line. IMMEDIATE CAUSE (Fe l dle r ~ y ~No ^ Unknown re eae o condltlan reedtlng In deem) r {.e .s bac n{a o~ r, ~ tot k S 29. K Female: . , . y.t, o in per l n t ~ a. x s ^ Duero as a oq: Net cardtlans d arty ~ GV ~ 0.L 1 U C i d4a pregnant within peat year ^ Pregnant at tlme d deem , , b. 2. m sues kited an Nne e . Duero a a e Ems UNDERLYIND CAUSE ( an^BBRuanc4 dl~ ~ ^ Nd Oregnant, lwt pregnenl within 42 days (diaeeee a ktury met initlamd the c i evade rasukkp m deem) LAST. C 1 r~Vl 4 $ \ $ i of deem ^ fhx: to (a es a conaguerx:e on: - ~ Nd pregnad, bd pregnant a3 days ro 1 year ~ tl. ~ bet«e deem ^ Unknown if pregnant wMhin the past year 30a. Was an Aumpsy 300. Were Autopsy Endings 31r of Deem 32e. Date d Iryury (Monet, day, year) 32h. DascrlOe How Ir~ury Caned 32c. Place of Injury Home, Fenn, Street, factory Pedormed7 Aveimble Pna to Compmtbn Nemrel ^ Hankde , Office Building, em. (Spec/yJ of Cause d Deem? ^ Yea ^ Yas ^ No ^ Accident ^ PeMkg Invastigetkn 32d. Time d Injury 32e. Injury at Work? 321. K Trensponetlon Injury (Spedly/ 32g. Loation of injury (Sheet, city /town, state) ^ Suicide ^ Could Nog be Datermmetl ^ Vas ^ No ^ Dnvar/Operator ^ Passenger ^ Pedestrian M Omer - Spealy.~ ~~ CertlAer ( onN owl 336. Signemre end Titm of Ce • CerlByhg phyalckn (Physician cadMn9 cause d deem when enomer phyeiden bee premunced death and aonwmted Item 23) ~ 1h11 D Toth OatMmy krtowbdge,daN oaurrod due to the ceuee(s)aml manneraahtad-"'_"""'-_'-'-'--_"""""' ^ • Pronoundng end urtNYmg phyalden (Physidan bom Ixoncuncirg dam end sertllying ro cause d dam) 33c. License Number 33d. Oare Signed (Month, day. year) To the Oat of my krmwbdge, deetll occurred at the Lime, hie, end place, end due m tlts aua(a) end manner a aremd_ _ _ _ _ --' _ _ _ _ -"- _ _ • Meaal t:xordner/c«a~e, r ~~ ~ q~ 9~ 9 YVlctirclr` 1 o a a, v On tle bola of sxamhudlon and / a Invetligetbn, m my opmmn, deem omurrad a the Ume, date, and plea, and due to the errata) and ma«ier a ahprL ^ 34. Name and Address d Person WM Conpmted Ceua d Dam (hem 27) Type / Pnnt - Regahara and Demat ~ I ~•I ~ I "~ I ~ I ~ I / ~ Dem Feed ( m, ht', year) ~/~ / M.S. Hershey Medical Ctr. a 7 N a~FL.pI u ~tis+c e , .and ~ . . . ., Hershe PA 1 033 V Diepositlon PennK No. O~~ ~(l _, ~~~ ~~ ~_ _r ~ i~ T~ _- . 'I~ '~ .J _ i ._J ~,~.,.1 -r 1 "!~.va - a LAST WILL AND TESTAMENT ';r, ~;~ G~ _y .. OF . ,-, ~ DONALD CARTER I, DONALD CARTER of New Cumberland, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable, for the purchase, erection and inscription of a suitable marker for my grave. SECOND I give, devise and bequeath the amount of Ten Thousand ($10,000.00) each to each of m~ grandchildren and great- grandchildren as survive me . ~~, (I~'u ~ G`D .~ Ch r1 s r2e~dmt~irt- THIRD In the event I am survived by my wife, Marian Carter, I give, devise and bequeath any and all funds owed to me at the time of my death, of whatever nature, secured or unsecured, to $~ r ~ NE !'Y~ . J-'R~~'Dj~'i~4 n/ as TRUSTEE, under the following conditions: A) My Trustee shall hold the principal of the Residuary Trust in one under the following terms and conditions: 1. My Trustee shall pay to or for the benefit of my wife Marian Carter all principal or interest payments received from the debts owed to me as assigned to the TRUST. In addition, I give my TRUSTEE the right to use any further sums of money available in said trust for the health, safety and welfare of my wife, Marian Carter, taking into consideration such assets as are otherwise available for this purpose. 2. Upon the death of my wife, Marian Carter, my Trustee shall terminate the trust and distribute the remaining assets of the trust in equal shares to my sons Donald L. Carter, Jr, and Gregory D. Carter and my daughter, Diane M. Freedman. 3. In the event any of the designated residual beneficiaries under this Paragraph THIRD shall predecease the termination of the Trust identified in this Paragraph THIRD, I direct that the share of the said decedent shall be vested in the person or persons other than to the child's creditors, estate, or the creditors of the beneficiary's estate, in such proportions and subject to such trusts and conditions, as such beneficiary shall appoint by specific reference to this power in his or her will, or if such power is not exercised in full, the unappointed residuary assets in the Trust shall be distributed to such deceased beneficiaries' issue, per stirpes; provided, however, any portion of such Trust which would be distributed to any beneficiary for whom a trust is then held hereunder shall be added to such trust. B) Should the principal of any trust herein provided for be or become too small in my Trustee's discretion to make establishment or continuance of the trust advisable, my personal representative or Trustee may distribute the remaining principal and any accumulated or undistributed income outright to the beneficiaries in the proportions to which they are then entitled. The receipts and releases of the distributees will terminate absolutely the rights of all persons who might otherwise have future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account with the court. C) In the event my said Trustee shall, for any reason, fail to so serve, I appoint as successor Trustee hereunder. FovRTH I give devise and bequest all of the rest, residue and remainder of my estate of whatever nature and wherever situate in as nearly equal shares as practicable to my sons Donald L. Carter, Jr. and Gregory D. Carter and my daughter Diane M. Freeman of Cumberland County, Pennsylvania. If I am not survived by any of such children, I direct that his or her share be divided in as nearly equal shares as practicable among his or her children. FIFTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable hereunder shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. sIxTH I appoint my children Donald L. Carter, Jr., Gregory D. Carter and Diane M Freeman Co-Executors of this my Last Will and Testament. Further, I direct said Co-Executors utilize my attorney, Steven J. Fishman, of Carlisle, Pennsylvania for such services as are legally necessary to settle my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of four(4) typewritten pages, the first three of which bears my initials or signature in the margin for the purpose of identification, this 4 ~' day of ~ March, 2010. ~'~.~1;~ (seal) DONALD CARTER Signed, sealed, published and declared by the above named testator, DONALD CARTER, as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. `a /70, ADDRESS COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND We, DONALD CARTER, and the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument of his Last Will and Testament, and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as witnesses, and that to the best of their knowledge, the testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this day of 2010. OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter Gregory D. Carter and (each) being duly qualified according to law, depose(s) and say(s) that acquainted with Donald L. Carter, Sr. Deceased she / he /they was /were well- and am/are familiar with the handwriting and signature of the decedent, and that the signature of Donald L. Carter, Sr. to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Donald L. Carter, Sr. is in his/her own proper handwriting. (Signature) 307 Mountain Road (Street Address) Lewisberry, PA 17339 (City, state, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before ine this 'S~ day of ,~ ~ 0 ~~j~~~~ IA lSL ~"', Deputy for Register Wi is (Signature) (Street Address) (Crry, State, Zip) _~ `ry -~.. -~ <_ '~~.. _~. ~ _~ _r~ _", r ~J, - -.__ ~.. C7 - ~ .d°' - C7`b Form RW-04 rev. 10.13.06 h l ~7 ~ OATH OF SUBSCRIBING WITNESS(ES) - ;_-~, ;, _. , ~_ REGISTER OF WILLS = ~ a ,. __ _ CUMBERLAND COUNTY, PENNSYLVANIA ., _=~ `~ ' r~ -'7 .~- Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D.L. Carter Diane M. Freedman Deceased (each) a subscribing witness to (Print Name/s) the ~ Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a wirness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. (Signature) (Signature) 700 Drexel Hills Boulevard (Street Address) New Cumberland, PA 17070 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~~ day of ~ , ~d~b . Deputy for Register ills (Street Address) (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this of day 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.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --, ;- J ::~ -r - .` `; ~; -- , --~ ~; Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter I, named Co-Executor Gregory D. Carter (Print Name) ~~ ,~ ~.% r f Wiz. <~.~ ~. ~, Deceased in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Diane M. Freedman c~ I ~ ~' ~ ~~ ~ ~> (Date) T-T (Signatur 307 Mountain Road (Street Address) Lewisberry, PA 17339 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Executed out of Register's Office 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 a~th day of C _, 001 ~ ~• 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.) PA4A4QN17/fALfH 8R PENNSYLVANIA --- NOTARIAL SEAL BETH B. LENOEL, NOTARY PUBLIC Form RW-06 rein. 10.13.06 SNIRENIANSTOWN BORO., CU!'4B=RLANG COUNTY t MY CO"~1MISSION EXPIRES GEC. 12 2011 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA -1~-(~33 ~__ `- -° ~~ .~1,~ r'f^I _.,, ~- =; _: _ ~, :J Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter I, Donald L. Carter, Jr. (Print Name) named Co-Executor «, c,~ --_ ~, _~ r ,~- ~-- C;'l Deceased m my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Diane M. Freedman (Dare) (Signature) 10 Drexel Hills Boulevard (Street Address) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills New Cumberland, PA 17070 (City, State, Zip) Executed out of Register's Office 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 010)0 `. ~ L~` o 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.) COMMONWEALTH OF PENNSYLVANIA Form RW-06 rev. 10.13.06 NOTARIAL SEAL BETH B. LENGEI, NOTARY PUBLIC SHtREMANSTOWN BORO., CUP~I6ERLAND COUNTY MY COMMISSION EXPIRES DEC. 12, 2011