Loading...
HomeMy WebLinkAbout01-07-11h PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of Eris J. Kann also known as Late of: South Middleton Township, Cumberland County ,Deceased File No. Zi-rl-Ov3~ Social Security Number 193-12-8690 Petitioner(s), who islaze 18 years of age or older apply(ies) for: COMPLETE `A' OR `B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/aze the executor named in the (Last Will of the Decedent, dated July 21, 1995 codicil(s) dated None -~~~ ,~v+t~ Cr/{14.5. ir~p~- tq ~p,r~~ }p/~c~ P~wt~; e~~~arce' 1Pr^~ac:~~t~,~ a~ r~'C~G ~/ None T-w~C 4T dea~T'~'• b„here.v. S,r+~tt.s~~ 4+r ~wo+ce ~o~bee~n c~.1~FetJ~ts, ~! wr~cs~ r~ 1,3 ~4, ~.7~ ~33Z~~' - - d relevant c7fcumstances, e.g., renunciation, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executions ol't~te instruments offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person: None '~ ^ B. Grant of Letters of Administration +`~ (If applicable, enter c.t.a., d.b.n.c.t.a.: pendente life; durance absentia; dur ' oritate) ,',. C... Petitioners} after a proper seazch hasllsave ascertained that Decedent left no Will and was survived by the following ~ ,fi£ any)~d heit~( Administmtion, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and compete list of heirs. ~' t'- ~-` t •-- C.'' I ~ ~) ~7 Name Relationshi Re ~ ~ - ~,~ ~n i ~ (COMPLETE INALL CASES:) Attach addYtto»al sheets if necessary. ~' ts't `- r `~ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 1 Lon¢sdorf Wav, Carlisle. PA 17015 (list street, number and municipality} Decedent, then 87 years of age, died on December 28, 2010 at Carlisle Regional Medical Center Except as follows, Decedent did not marry or divorce; did not have a child born or adopted after execution of the docsim~nts offered for probate; was not the victim of a killing; was never adjudicated incapacitated; and was not a party to a pending divorce prQct;eding at the time of death wherein the grounds for divorce has been established as provided in 23 Pa.C.S. §3323(8): _ _None _ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $~~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 $p situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of let~ens in the appropriate form to the undersigned: Signature Typed or printed name and residence ~, > ~~~~ Timothy P. Kann 'i 456 Rich Valley Road Cazlisle, PA 17015 Form RW-02 rev. 10.13.06 Pi1ge'~ 1, Of 2 Y Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland SS The Petitioner(s) above-named swear(s) and 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. Swom to and affirmed and subscribed before me this ~ day of . ,.20~_. ~~~~ Signature offers Representative ~rgnaatre of rersonar rtepresenrarrve File'Number: 7i ~ ' l l~Oa,37 0~,. ~ _, '.~ -.t-.' - =~:= C'7 Estate of Eris J. Kann ,Deceased -o ~ ~~ ~ ~ w Social Security No.: 193-12-8690 Date of Death 12/28/2010 AND NOW, ~ ~1/ in consideration Hof the foregoing Petition, having been presented before me, I S ECREED that etters Testamentary are hereby granted to Timothy,P. Kann in the above estate and that the instrument (s) dated Julv 21. 1995 ' }_ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ....................... $ tj'~Fv Short Certificate(s) ............ $ U p° Renunciation .................. $ J lS $ /S~ $ 23 ,~ ~L~ $ Eva $ $ $ TOTAL .................. $ • /~D Attorney Signature Address: 1700 Bent Creek ~~ulevard P. O. Box 659''T' Mechanicsburg, E117055-0659 Telephone: 717-620-2440 Supreme Court LD. No.: 200 91!. 20249v1 Form RW-01 rev. 10.13.06 Rae 2 Of 2 Signature of Personal Representative r-a c-a ....~ rng.gnc R5V ip+/nv~ - Zl-//-003 ~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to dup{lcate this copy by photostat or photogralph. Fee for this certificate, $6.00 This is to certify ~htt the information here given is correctly copied from an original Certificate of Death duly filed with m$ as Local Registrar. The original certificate will' be forwarded to the State Vital Records Office fob permanent filing. P 16 8 5 610 2 ZS~ R~ II' . ~ 2 s 700 Certification Number Local Registrar' I ', Date Issued ~. ~ _ c... 'C'7 7C "~ i 1 ~.V7 ~ ~ c_.`, ,~ 7 Q '~'' .. to ca ~+~ ~,~ oe caa-~ni of rr~v~u • o~Nr aF N~-~,ni . vrru nc~coaoa ~i~ , .~ certn~c~rE o~ o~-TM ~ c.. (s« in~h7wgoM and e>srnpU~ on nre..y e t.rrrdorw.wp~r,«w.,br,rwr~ ' 2r. aarr Ma,~' Nb!« A pl QIT (MOT. dP, !~) a ~. ws++~ -Udrf urr t a « r. ra « u r . Rro. a o.T 67 Mprr os rrir u r JUne 6~ 92 ~ ~• ~ rR ~ C6. PA r ~ ^eua,a«r ^oa ^ ^w+as ^on«• ~:arrrdo.T eaa, OrrT ea Fr4Nrrprtbwar.y~+rwrarrr.~ -wrdasnrdwpr~eopn'+ Ne rr talirrlbWwOMn,9rklMYr,de C~anberland S. Middleton lisle Regional Medical Center ~ ~„~ tee Waite tt. d tz Nrtr Drd« «. r Ir to o«.aeh EAwYm {Bpoee arlr ~ wa tarrlrrw to 11rMM ors M«Or4 1S BrMA>0 $«+~ IM.+k t/+ nrMr rrr) IOddY1«Y adaw.rrrrrY u.s Mra rao.n Brwrlrr r 8«prgry (6+~ OdMa (t~ a a~ r ic 0 ! '"' ' Own HCRI! 1 d ' 1~.Z~ ^ rr ®w xaa.rr~Mrorrti..Wrd,+Mrr.n++R4ecb1 oserr~ wwa.drt 1 Ltx~geCbrf Way gar NrMra +n srr PA ur~ tn. ®Yr, owar~~er rp. Carlisle PA 1'7015 tm ~ C~erland »a ^ M7, ~«u~.a ahre«o ,awwwwu~s.+aa+r,+rrn awew.urau~q«,nlMr.rrdar«.r! David tCreitzer Maud Shaun T ww~~r~~~P. i~ann am rdn.nMro~err wrb.4rw ~~~Y 456 Rich Ya~lay Roac~;~Carlis~e AI 17015 Y10. YlbOrd OrO~r O ^p~ ^DSrIr ti0. DrdOr1«rr Pbir, M.Yrrl ~+ 4 (~'rrR ~r14 b0 ~1 ~~Yall ~1 ® err ^ Mr,dYOrSY« ~ rro~~rerirr Orar~^ rr[] January 32011 ~ lisle pA .~dV11w d' Idprrn tlyrrdi) ffiUe«rrNn!« s9o.IMrrd A06rdhOb FtOf~l-R~O~f Funer EiOm~ tort' 138425 p 1 0 3 :CMNIi~`7iau17rwaAyliq ~rrn.drTb ~ rs t7~. To1MhMd rTem«Md P+b rtlYU) i ~ ?JO. Uerrr Nrrr lMoT,sr,t..1 y~ g~ e. ar e j p ~cS~~~._ ~ .t p ~~f ~ ~ . r n, O rr81.911rrr M rwrrlbl'Orfr .e a r0. !A 11r d //~~ Qtl P1m16 Mr. yrd 'J0. YM11 Crrr M1Mrd_ bylae/ ' lOr ~ Nwen Olw fnn CiwuYOn ar Dny11mT o nrrrrr r tD ~ M. Q f ~ ^ rw .8 ~e eAll!! ObgM awrrYtMllerr rM rbrgrMq , err a0ave b ~rrr Z7.Mt6rbl~dar~-rOrrlR b}dKUrrepcroq•1r18rwwwEh d«IA.DO N(lf rrr rinirlrr6 rrrO«dr rrM. O drdbOrp rl nOr rrr~ore. utlMyrp wr yrn N~ ^haerly ngNly'nw.awiMe44iYs1Awtdwrp lrAeb~. WOdr ar ruwrrr b. r , ^ Ib IMIOgwn 1~~~~,,~~II~~~~yy -~ rt ~ i~J rd l Orb ( i r ~ rr, n ~d /~~iL(~~--~ ~ 0. . pnyrdr M Pdlrr ^rrp.+rrrraarn ^ Oir b+orra h¢ i SM~ . ~ N~ rt pnprdrWn ~p dqu M rY M~// ~ ~rrrrM~9riilr)WL i . ^ Orb(arr rr mrprsaq: ~ '~, pOlpgW,hd PrOrd l9UMbtp« bllOr AOIN Q r ^ IAinam ~ PrOritrMin N W rrr a.wra.A~ Mrrl1 aw..+rygfl+riF Ar11lb Rltib Cenpren rio.T ~.Drdl~ryplrr4 rY.Y+I l7b.O«rri MarYfryDw«d ~ 9oaRnd FMRBMIFrM'. ~ dCrrdDr M . ^IlrbbO ~ ^Yr L'3W .. f ^Yr LqW ^M!!r~ ^M3pb~r~O1r sEd.lYrdrMry ffis. r~ryal rbAB S3 ~TrwpaMari{uY h$~dN J~. Knorr d,WW tlO/rbwt Mob) ^lrws ^CwEtldb~pMrW ^Vr^rO ^dMrlOpwl«^rrrr„pr i LL dMr • ~- 70~Crglr.~yp «irrp J7D.lglWra«d11Yd ~~ • ad1~MlddwPllydr~gt«rdAlT rMrrr«rli«pryrlrpr irmrO«rtldMOrtlmrgrrlNbi YtA Ttwrrdgrw~.,wr.w.wrr.rr..ryywa..«..w-----------°-------------------- ^ - ~ • .,~..~...._.w..~r,~~.~.d~«~a.,~,b~rd~T, rrrwrdgrw++r;w.wr.arwrr.w...raw,.ra`rr.eraW.w....rrwr----------------- ~ ~ ©Fz~3- ~ d..d~~,~ zoo e • rrrd.rrra... arwd..rrr.rf«YYMwWtibta7~rM4MiMrrr«wIdYMMY.dNw.~dBrb/rerygw/.rwrrrddK ^ ~O.IMrrtl pr n IAM ~ ~ i ~ is i t i o i -~~' 7LMblidpNA,Oy.yr•«) ~ ~~ . Wl e..: r Deader Mr ra ~- .. o.sr~ ~ A ~s- !~o ' '~ ~~~~-~, ~,~~1C~ CAF ., ,, . ~~.,,,n,.. ,,r~~ . ~'' I .~~ ~~ - 7 ~~~F ~ g L:st Will and Testa ~ F b r~i~~~ouRr cuna~~~~r~o co., ~a OF ERIS J. KAHN I, ERIS J. KANN, of Carlisle, Cumberland County, Pennsylvaniaj, do make, publish and declaze 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 IZ~M 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 onproceeds of insurance or other property not passing under this Will. ITEM 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'... cdsl of administration of my estate. ITEM III: If I predecease my husband, PAUL S. KAHN, I give and bequeath to him absolutely and in fee simple all of my household furniture add furnishings, books, pictures, jewelry, silverware, automobiles, wearing appazel and all other irrticles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said husband, I make said bequest to my children living at the tiihne of my death, to be divided among them as they shall agree. Should there be no agreer~-ent, such property shall be divided among them by the Executor in as nearly equal portions as is Page 1 __ __ - -- -- -_ } • ~ deemed practical in the sole discretion of the Executor, having due regard to th~ personal preferences of such children. ITEM TV: I give, devise and bequeath all the rest, residue an~ remainder of my estate, not disposed of in the preceding portions of this Will, to PAUL S., , IN TRUST NEVERTHELESS, to be held, administered and distributed in accord c~ with the terms of a certain Agreement of Trust executed by myself and said PAUL S.' K~ANN as Trustees and by me as Grantor, on the ~/~ day of , 19~~"-' I Thereby confirm and ratify said Agreement of Trust in every re pest. ITEM IX: In the settlement of my estate, the Executor shall p~o~sess, among others, the following powers: (a) To retain any investments I may have at my death, includ~ng specifically those consisting of stock of any bank even if I have named ~uCh bank as the Executor herein, as long as the Executor may deem it advisa~le to my estate so to do. '' (b) To vary investments, when deemed desirable by the Exec~tbr, and to invest in such bonds, stocks, notes, real estate mortgages or otheer securities or in such other property, real or personal, as the Executor shad deem wise, without being restricted to so-called "legal investments", aid without being limited by any statute or rule of law regarding investments] by fiduciaries. Page 2 (c) In order to effect a division of the principal of my estate br for any other purpose, including any final distribution, the Executor is authorized to make said divisions or distributions of the personalty and realty paftl~ or wholly in-kind, and to allocate specific assets among beneficiaries heneu~nder so long as the total market value of any share is not affected by such di~is~on, 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 muttu~l 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 termjs 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 th ', 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 ail trust and without obligation or liability of the purchaser or purchasers to sec tb the application of the purchase money or to make inquiry into the validity o~ said sale or sales; also, to make, execute, acknowledge and deliver any and a~l 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 paragraph 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 imh~ritance, legacy, estate and other taxes, and to assign and pledge assets of my ~st~be therefor. (g) To pay all costs, taxes, expenses and charges in conneGti n' with the administration of m estate. Y (h) To make distributions of income and of principal to the p~oiper beneficiaries thereof, during the administration of my estate, with or wit~hdut court order, in such manner and in such amounts as my Executor deernzs'~, prudent and appropriate. ' (i) To vote any shares of stock which form a part of the estate, and otherwise to exercise all the powers incident to the ownership of such stp¢k. (j) In the discretion of the Executor, to unite with other ovvndr5 of similar 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 devol?ve I, tv me or my estate by whatever means, including but not limited to the folloiwi~g means: as beneficiary under a will, as an appointee under the exercise oif a power of appointment, as a person entitled to take by intestacy, as a dome of an inter vivos transfer, and as a donee under athird-party beneficiary ~o~tract. ~_ Page 4 (1) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM X: Any person 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 o cur deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. ITEM XI: If at any time any beneficiary under the age of tw~nty-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 11~iinors 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 Transf~rs'~, 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 ~ 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 prpperty for which I am custodian under any Uniform Gifts to Minors Act, or Uniform Tran~fers to Minors Act. ITEM XII: I hereby nominate, constitute and appoint my husband, PAUL S. KAHN to be the Executor. Should he be unable or unwilling to serve as Execu~or, I nominate, constitute and appoint my son, TIMOTHY P. KAHN to be the Execu~or. Should he be unable or unwilling to serve as Executor, I nominate constitute and appoi~t my daughter, JANELLE E. EGAN to be the Executrix. Should she be unable or un lling to serve as Executrix, I nominate, constitute and appoint FARMERS TRUST C4 FANY to be the Executor. The Executor is specifically relieved from the duty or obligation bf filing any bond or other security. __ _. _.. __.. __ _. -.. _. _. _ _ _... _.. .. _ i ~ L,.. _. q , . TN WITNESS WHEREOF, I have set my hand and seal to this, ~y Last Will and Testament, consisting of this and the preceding five (5) pages, at the end o~ each page of which I have also set my initials for greater security and better identification'th~s a/~ day of , 197 ~I ';-(SEAL) 7. KANN// /f We, the undersigned, hereby certify that the foregoing Will was ~igned, sealed, published and declared by the above-named Testatrix as and for her Last Wild a~d Testament, in the presence of us, who, at her request and in her presence and in the presen~e of each other, have hereunto set our hands and seals the day and year first above wri~te~, and we certify that at the time of the execution thereof, the said Testatrix was of sound eland disposing ind and///m/e/m~~o~~ ry/////~(///~/ // _ ~i / A Residing at f . I,, < . U ~- (SEAL) (SEAL) Residing at ~ I'~r ~ C ~ C Residing at !, ., L ACKNOWLEDGEMENT ~~ i COMMONWEALTH OF PENNSYLVANIA) SS: '~ COUNTY OF ) I, ERIS J. KAHN, Testatrix, whose name is signed to the attaclied~ or foregoing instrument, having been duly qualified according to law, do hereby acknowleldg~ that I signed and executed the instrument as my Last Will and Testament; that I signed it wi~lingly; and that I signed it as my free and voluntary act for the purposes therein expressed. J. Sworn to and subscribed before me this day of 19 . Notary Public My Commission Expires: (SEAL) AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) We, J'~t~~~-Qti/ l ~y17~~ ~ / , 1 ~d ,the Witnesses whose names are signed to tt~e ltached or foregoing instrument, being duly qualified according to law, do depose and shy that we were present and saw Testatrix, ERIS J. KAHN, sign and execute the instrument as ~x Last Will and Testament; that Testatrix signed willingly and that she executed said Will a~ her free and voluntary act for the purposes therein expressed; that each of us in the hearing ~nd sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledg 'the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under n constraint or ue influence. fitness itne Witness Sworn to and subscribed before me this day of 19 Notary Public My Commission Expires: (SEAL) 26347 1 __ - - _.~ i__~ 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. CoSe z~, Esq., who, being duly sworn according to law, says that he was personally present at the a dcution of the Last Will and Testament of Testatrix, Eris J. Kann, and acknowledged that the Said instrument was duly executed by Eris J. Kann, whose name is signed to the attached or forgoing instrument, and that Eris J. Kann signed willingly and that she executed said 'VV~11 as her free and voluntary act for the purposes tl Sworn to an subscribed before me this a day of 19 gS". ~,~~~.6Q,~.:, GC~ tJea Dauphin My t~ Fe~.19,1996 I _. __ __ __ ,_ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA) ', SS: COUNTY OF .Da ~ Ju-, ) 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 tlye ~ttached or foregoing instrument, saw the Testator sign the Will, and that said Witnesses !b~lileved to the best of their knowledge that the Testator was t that time eighteen (18) or mgrel years of age, of sound mind and under no constraint o ndu influence. ~-, Esq. Sworn to and subscribed before me this o~~ day of ~c..~,- , 19~. Uee Mahe Sea- ~"'°~~ __ __. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) On the 25th day of July, 1995, before me the subscriber a Notary IPublic, in and for the Commonwealth of Pennsylvania, personally appeared Matthew A. Co~er~za, Esq., who, being duly sworn according to law, says that he was personally present at the e~C~cution of the Last Will and Testament of Testatrix, Eris J. Kann, and acknowledged that the $aid instniment was duly executed by Eris J. Kann, whose name is signed to the attached or forlegoing instrument, and that Eris J. Kann signed willingly and that she executed said W~11 as her free and voluntary act for the purposes therein expressed. " Matthev~'A. Cosa ~'~ '"~~.. Sworn to and subscribed before me~t~us ~ s~" day of /Yorern6Qr, 1995 ~~ ~y °n ~28' ~ COMMONWEALTH OF PENNSYLVANIA ) (, /J ) SS: COUNTY OF ~ya.~~g--+~ ) 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 mpr~ gears of age, of sound mind and under no constraint orra~due influence. atthevlLA~.Ci~ensq. Sworn to and subscribed before me this 1st day of /j~aJ Q...bQ r , 19Q~ ' ~. ~garstM. K-,f, Namiy PubNc _ __ _ ~_~