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Home My WebLink About02-28-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of NANCY C. DIEHL File Number 21 ~~ also known as Deceased Social Security Number 192-34-5470 Petitioner(s), who is/aze 18 yeazs of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) 0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named in the last Will of the Decedent dated 10/12/09 and codicil(s) dated None (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not mazry, 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, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): Not applicable ^ B. Grant of Letters of Administration ~~~appacaote, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durance minoritate) Petitioner(s) after a proper seazch 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.) .,.a~.,,..~~„ Bence c-;~ ~~ ~ ~n . ~ C~ t~~~ ~ i '' _., ,.; (COMPLETE WALL CASES:) Attach additional sheets if necessary. -p ~ ~ r-- r-r-~ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence a~ ~_ 500 Redco Drive Enola PA 17025 Silver S rin T (List street address, town/city, township, county, state, zip code) Decedent, then 65 years of age, died on 9/16/10 at 500 Redco Drive Enola Silver S rin Townshi PA 17025 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 20 000 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 $ 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 Letters in the appropriate form to the undersigned: Typed or printed name and residence Robert E. Diehl 500 Redco Drive Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 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 affirmed anp~d subscribed before me the ~ 0 ~ day of 2011 F r the Register of. Robert E. Diehl ~ c'? ~~ Srgnarure j rersonat !(epresentahve ~ 0 w°- ~j ~7 --, ~J =*-t r ~ Signature of Personal Representative a> ~~ -. ~~ cfi ~ E'Xs r ' i =+ 7 ..~ , ; File Number: 21 - I I ~ O t~` / ~ ,~- ~-'~ ~~ Estate of NANCY C DIEHL ,Deceased Social Security Numl~r: 192-34-5470 Date of Death: 9/16/10 AND NOW, ~~ ~ 2011 in consideration of the foregoing Petition, satisfactory proof having been presented befor e, IT IS DECRE that Letters Testamentary are hereby granted to Robert E. Diehl in the above estate and that the instrument(s) dated 10/12/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Cod;c;l(cll ~fnP~P.~P„~ FEES Letters ............................. Short Certificate(s) ............ Renunciation(s) ................ ~ S $ -W $ ~ $ ~" '~_ .... $ .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ ~, Attorney Signature: Supreme Court I.D. No.: 27763 Address: 10 E Hieh St Carlisle. PA 17013 Telephone: 717-243-3341 Form RW-O2 rev. 10.13.06 Page 2 of 2 Attorney Name: No V. Otto III I05.805 REV (UI/07i 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 16804456 Certification Number C O ~ -_.. ) '~ 2 C'~ rT`I ~ ~ r~ ~ m {~- ~ ~~ 7 a1 r i A 1 ~ .., _` -b --1 7 :~~ C :i .~- ~~ ~~ April 16, 1945 R Moyle! RW 11/1Dpr r~srt N COMAAON~7H OF PENNNS1fLVANIA • DEPARTMENT OF HEUTH • VRAL. RECORDS CERTIFlCATE OF DEATH ,. e.•. r o«.ew F•t."ra rw ewq ~ (Ses leravetlons end enmpl« on -e+refrs) 6 N~an_cy Carol Geil:ing Diehl ser ~ aaer sT~F+LEM~ r•e•b Meer rar+s» uro.+ w,s,r aardse emale 192 -34 ~- 5470 f'D""dDi•e~e4twrl M•r a.,. e.. r.r. ~. ~ erd+rr 4~,,,,~~ September 16, 2010 na Senior Partner to O.rere WiOAee•r fge"l dyri 500 Redco Drive ~nola. PA 17025 n yrrt Mer p;r, •~ 1rl e!q Richard M. Gelling rra h.uelrll Mw (I~yel i,Yq Robert E. Diehl 2+a Mdrr d 01*ar"n ^ u®Ir~ ^Rwbrfoes.r m 54lerw d F~i~r sr.. ~ ~.- eisterstown, MD xGeeeaTMnro.rl raytlyM^eply ^M ~R /++• Mr1 rtl iiiieM Silver S rin Tw 500 Redco. Drive • •'""+d ra-o•ewrr iz+llygrteerrrb +ae•"•faibFdlaln rraa+,e,,a,~r,",riMerr ue.Mra/•eri rhrpr. m„ ~ er. i4 creep ~1lES ^~ ~~ Elrrerq/ 18•.rdry ~t~ '~2r• (N ^ ow.sle MrNeMee narrr PA nacb.y Cumberland Grace Louise Gor awserreru..p n...~_ .-,_ 500 Redco Drive This is to certify that the information here given i correctly copied from an original Certificate of Deati duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for permanent filing. ~~ 1?~ % s P 7 zoo Local Registrar Date Issued Meryti twr ~ l,1 to --iw.on -T-•--. w. ~wn•~.) Married Robert E. Diehl ti +7~ef~rla0y~„e~b Silver Spring +7LL ^ I/a O.sir~u.~. 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S',~i ~! ~ L lea e0a rr yr•a aieebrr rrq,'erewrr•rbt ^ ~ l 7 /o x+byrv- rr xrer.r~W..ryer m+e o•Mw or.ro.r~ a! by ~ a`~ l ~?I /1 oil /~ ' 1 9 ~i~ ..r., k / 2 pl0•.r Pier ~ ~ ~9 a, ~l9 ~ F:~FILES~CIirn[s\5436 Hob 1hebl~Estate Planning\5436.6.w.wi1L2009 LAST WILL AND TESTAMENT I, NANCY C. DIEHL, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my just debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FIVE hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO In the event my husband, ROBERT E. DIEHL, shall predecease or fail to survive me by thirty (30) days, then I give such items of personalty as are itemized in a certain list attached hereto to the persons named thereon, which list is signed and dated by me at the end thereof. ITEM THREE If my husband, ROBERT E. DIEHL, is living thirty (30) days after my death, then I give, devise and bequeath all of my estate, both real and personal property, unto my said husband, ROBERT E. DIEHL, absolutely. If my said husband, ROBERT E. DIEHL, does not so survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM FNE, C., hereof. ITEM FOUR In the event my said husband, ROBERT E. DIEHL, shall disclaim all or any portion of any devise or bequest made to him under the foregoing ITEM THREE, then the amount otherwise payable shall be held by my Trustee under ITEM FIVE hereof. For purposes of the Trust established under ITEM FIVE hereof, my said husband ROBERT E. DIEHL, shall not be deeme~ave ~"~_ -r-, ~ j _ ~ ~' ;~ predeceased me by virtue of his exercise of the right to disclaim set forth herein. ` ~ ~I ? ` ' t xi ~ R `, `.(.>`- ITEM FIVE `'- ~~ ~ ~' (.Ji JL7 ~ C'~ O ~=~ RESIDUARY AND DISCLAIMER TRUST ~J ~ __ .-,~ /.- --i _ .=n My Trustee shall hold the assets received under ITEMS THREE and FOUR hereo-~if any, J`=' `'mss ~, for the following purposes: ?.~~ N.C.D. Page 1 of 6 Pages A. My Trustee shall pay the net income, at least quarter-annually, to my husband, ROBERT E. DIEHL, for life. In addition, my Trustee, in its sole discretion, may invade the principal of the Trust for the proper and adequate support of my husband, ROBERT E. DIEHL. B. My Trustee shall further pay to my husband, ROBERT E. DIEHL, annually, such sum from the principal of the Trust as he may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the Trust hereunder. C. Upon the death of husband, ROBERT E. DIEHL, my Trustee shall distribute the principal and any accumulated income of the trust unto my children, ROBERT LEE DIEHL, DEBORAH KATHRYN DIEHL, ROBYN D. SHAFFER and RICHARD SCOTT DIEHL and my grandchildren, ROBERT W. DIEHL, TIMOTHY D. MONKO, TYLER MONKO, RAYMOND D. SHCREFFLER, JACQUELINE A. SCHREFFLER, AMANDA L. DIEHL and ANDREW F. DIEHL, in equal shares, absolutely. ITEM SIX POWERS OF EXECUTOR AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executor and Trustee and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution. A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or anypart of said property in such stocks, bonds, securities or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor ~_ N.C.D. Page 2 of 6 Pages of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance ofthe status of anybeneficiarywith regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in its absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; Page 3 of 6 Pages N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as maybe rendered by such agents, attorneys and proxies; Q. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SEVEN PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder N.C.D. Page 4 of 6 Pages shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM EIGHT APPOINTMENT OF EXECUTOR AND TRUSTEE I nominate, constitute and appoint my husband, ROBERT E. DIEHL, as Executor of my estate. In the event that my said husband shall predecease me or fail to act as Executor, then I appoint then I appoint DEBORAH KATHRYN DIEHL and ROBYN D. SHAFFER as Executors of my estate. I hereby appoint my husband, ROBERT E. DIEHL, as Trustee of any trust created hereinder. In the event he shall fail or be unwilling to continue to act as Trustee, then I appoint DEBORAH KATHRYN DIEHL and ROBYN D. SHAFFER as Trustees of any trust created hereunder. ITEM NINE WAIVER OF BOND I direct that neither my Executor(s) nor my Trustee(s) shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. /IN W~ITLNESS WHEREOF, I have hereunto set my hand and seal this /~~` day of C - ~~~% (SEAL) Nanc C. D hl SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each nthPr _~~ ~~~ Page 5 of 6 Pages COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ~ We, Nancy C. Diehl, No V. Otto III, and _ ./~~z..i-c.~ z; ~_ ~y,,~'~y ,the Testatrix and the witnesses, respectively, whose names are signed to the 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 the Testatrix has signed willingly, and that the Testator 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 Testatrix, signed the Will as a witness and that to the best ofhis/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. C • >~ " N c C. ,Testatrix Witness ~~ ~ ~ ~~~ Witne~s Subscribed, sworn to and acknowledged before me by Nancy C. Diehl, the Testatrix, and subscribed and sworn to before me by No V. Otto III and _cia, y. ~ ~~~d~ the witnesses, this,~~day of ~~ ~ ,dd0'~' /c:~`~~L.~c~ G ' Notary Public .;OMMpNWEALTH OF PENNSYLVAMA N~'ARIAL SEAL Victoria L. Otto, Notary public Carlisle Borough, Cumberland Coin, My commission expires December20, 2010 Page 6 of 6 Pages