HomeMy WebLinkAbout08-04-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS 1 ~J~ /n
Estate of ROBERT JAMES COOK ,Deceased ESTATE NO. 21- 1 I / lL~ `(~
a/k/a: ROBERT ]. COOK, SR.
a/k/a:
SS NO: 172-24-7539
Petitioner(s) who is/aze 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
DA. Probate and Grant of Letters Testamentary or ^Administration c.t.a.,
and aver that Petitioner(s) is/are entitled to the aforementioned Letters
the last Will of the above-named Decedent, dated November 30, 1999 and codicil(s) dated
(State relevant circumstances, e.g. renunciation, death afexecutor, etc.)
Except as follows, Decedent did not many, was not divorced, and did not have a child bom or adopted after execution of the
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8):
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent life, dunnte abuntia, duraote minoritate)
C. 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 and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:-
waaresa Relatioaahi to Decedent
USE ADDITIONAL SHEETS IF NECESSARY
TNIS SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberland Cotmty, Pennsylvania, with his/her last family or principal residence
At 4 KITSZELL DRIVE CARLISLE SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY PA 17013
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 86
Estimated value of decedent's property at death:
_Ifdomiciled in PA
_If not domiciled in PA
If not domiciled in PA
Value of Real Estate in Pennsylvania
CARLISLE, PA
(City and State where death occurred)
All personal property $ ~~
Personal property in Pennsylvania $
Personal property in County $
$
Total Estimated Velue $ 200.000.0(DO
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
S' nature(s) A
N9melal Rr Mnilino A.I.t roaelm l~
.. o ______ __,n~uea~ v. ~.OOK, Jr.
889 ALEXANDER SPRING ROAD, CARLISLE, PA 17015
Interim Fnrm R W_n9 ~P„~~ad » ~~ in ~,., r.....~.-_i..-a r`,..._«. ___~:__ ___~__ ~. . ,_ ..
years of age, died 6/27/2011 at
(Month, Day, Year of death)
or d.b.n.c.t.a. (complete Part C also)
under
.-.._...e._ ......... ..... ~...... Page 1 oft
OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania ~ SS
County of Cumberland
The Petitioner(s) herein named swear or affirm 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 and subscribed =~~~ ~ .O % / i
b f re me this ~ da of
Ister
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of
AND NOW, this ~ day of _
the reverse side hereon, satisfactory pros
x Testamentary _ of Administration
Deceased File Number: 2l--~~k y~~~--- y /~~
~`-'' ~ in consideration of the Petition on
peen presented before me, IT IS DECREED that Letters
are hereby granted to:
eaar e.t.r., d.b.o., d.b.ac.t.a., etc.)
..-,. a, .~ . ~ ~~r},, -x in
the above estate and that mstruments(s) dated 11/30/1999 described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
lenda Farner Strasbaug ,
Register of Wills ~, ~~~,,a
FEES:
Letters ....................$ ~ 0 ~~
Will ........................_~G~li-'~-'-~-
Co tcil(s) ................. -1
( ~) Short Certificates
( )Renunciations.......
Bond .............................
Other .............................
Signature of Counsel Required to Enter Appearance
Atty's Signature
PRINTED Name: WILLIAM A. DUNCAN
Supreme Court ID No.: zzoeo
Address: 1 IRVINE ROW
.................................
Automation FEE......... S.'0iP
JCS FEE ................... 233ttr' Phone
~~„ Fax:
TOTAL ................$
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court
CARLISLE, PA 17013
717-249-7780
717-249-7800
Page 2 of 2
>>nG qna q=y m~ln-i
~i-~~~
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 17451748
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
S~~o..~~r.1n.~,r,.,~ar Jt~l' 2 ~/ 2011
Local Registrar ~ Date Issued
Nt~tU REV ttrtaEtl COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF NEALTlI • VITAL RECORDS
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LAST WILL AND TESTAMENT
OF
ROBERT J. COOK, SR
I, ROBERT J. COOK, SR, of Carlisle, Cumberland County, Pennsylvania, hereby
revoke my prior wills and declare this to be my will:
I. Personal and Household Effects: I give all my articles of personal or
household use, including automobiles, together with all insurance relating thereto, to my wife,
ARLENE S. COOK. If she does not survive me, I give all such property to those persons
named on a written list made by me during my lifetime, or in absence of a written list or
'~ II designation on said list, I give all such property to my son, ROBERT J. COOK, JR
My Executrix may make whatever arrangements my Executrix deems
SAIDIS,
SNUFF 8~
MASLAND
e~eriax
Z1o9 M~rlcet Street
Camp HIH, PA
appropriate for storing and delivering articles of personal or household use to the beneficiaries,
and may pay the cost thereof and any related expenses including insurance from my residuary
estate.
II. Reaidae: Upon my death, I direct that all the rest, residue and remainder of
my estate of whatever nature and wherever situate be divided into two (2) parts, each of which
shall be held in trust and constitute a separate Trust Fund, to be known as "Trust A" and "Trust
B".
A. Trust "A": My Executrix shall pay to the Trustee, hereinafter
thereafter transfer the then remaining principal of this Trust to "Trust A" to be held, administered
and distributed in accordance with the provisions of ITEM III. of this Last Will and Testament.
C. If my wife should not survive me, then the provisions of "Trust B"
shall be void and the assets which would have constituted "Trust B" shall be added to "Trust A"
to be disposed of in accordance with ITEM III of this Last Will and Testament.
D. Trustee shall be authorized in Trustee's sole, exclusive and
w
SAIDIS,
SNUFF &
MASLAND
ATR1RIZaY&A'MAW
z109 Market street
Gmp Hill, PA
unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal
Revenue Code of 1986 as amended, or any corresponding provisions of the Federal estate law),
to qualify all, none or a fraction of "Trust B" for the Federal estate tax martial deduction. The
decision of Trustee with respect to the exercise of the election shall be final and conclusive upon
all persons whose interests in my estate are directly or indirectly affected by the election. Only
property which is fully eligible for the marital deduction under Federal estate tax law shall be
assigned to this Trust. Notwithstanding anything to the contrary contained in this Last Will and
Testament, Trustee of this Trust shall not retain beyond a reasonable time any property which
may at any time be or become unproductive, nor shall they invest in unproductive property.
Notwithstanding the provisions of Subparagraph B. of this ITEM, Trustee shall pay to the
Executor of my wife's estate, out of the principal of this Trust upon the death of my wife, an
amount equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"),
Federal, state and other, payable by reason of the inclusion of the value of Trust property in my
wife's estate. Such payment shall be equal to the amount by which (1) the total of such death
taxes by my wife's estate exceeds (2) the total of such death taxes which would have been
payable if the value of the Trust property had not been included in my wife's estate. The
4
determination by the Executor of my wife's estate of the amount payable hereunder shall be final.
I further direct the Trustee to pay such amount promptly upon written request of the Executor of
my wife's estate. The final determination of the amount due hereunder shall be based upon the
value as finally determined for Federal estate tax purposes in my wife's estate. After payment of
the amount finally determined to be due hereunder, Trustee shall be dischazged from any further
liability with respect to such payment. My wife may waive her estate's right to payment under
this subparagraph by Will, executed after my death, in which she specifically refers to the right to
payment hereunder given to her estate.
My wife (or her personal representative, guardian or agent
acting under a power of attorney) may disclaim any part or all of the gifts to her hereunder,
including the provisions for her in the trusts set forth in ITEMS III and N. In such event, the
disclaimed amounts which would be payable to her or to the trusts created herein shall be dis-
tributed to my son, ROBERT J. COOK, JR.
VI. Survivorship: Any person, other than my wife, who shall have died at the
same time as myself, or under such circumstances that the order of deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have
predeceased her. If my wife dies at the same time as myself, or under such circumstances that
SAIDIS,
S H U F F & the order of deaths cannot be established by proof, my wife shall be deemed to have survived
MASLAND
AT[URliY&ATNAW
zlo9 >~te< sveel me. Any person (other than myself) who shall have died at the same time as any then recipient
Camp Hlli, PA
of income under such circumstances that the order of deaths cannot be established by proof,
m
shall be deemed to have predeceased such beneficiary.
VII. Power of Aunointment: No provision of this will shall exercise any
power of appointment I may have.
VIII. Protective Provisions: No part of the income of the property held under
the Trusts shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof.
Trustee shall pay over the net income and the principal to the parries herein designated, as their
interest may appear, without regard to any attempted anticipation, pledging or assignment by
any beneficiary under a Trust and without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
IX. Powers of Personal Reuresentative and Trustee: My personal
SAIDIS,
SHUFF &
MASLAND
A7'tt~EYfMi~LAW
2109 Market Street
Camp Nill, PA
representative and Trustee shall posses, among others, the following powers exercisable
without court approval:
A. To vary or to retain investments, including the stock of any
corporate Trustee named herein, when deemed desirable by them, and to invest in such bonds,
stocks, notes, real estate mortgages or securities or in such other property, real or personal as they
shall deem wise.
B. In order to effect a division of the principal of a Trust or for any
other purpose, including any final distribution of a Trust, they are authorized to make said
6
divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts created hereunder so long as the total market value
of any share is not affected by such allocations. Should it appear desirable to partition any real
estate, they are 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 can be exercised by an individual owner in fee simple.
To sell either at public or private sale and upon such terms and
conditions as they may deem advantageous to a Trust, any or all real or personal estate or interest
therein owned by a Trust severally or in conjunction with other persons, and to consummate said
sale or sales by sufficient deeds or other instruments to the purchasers or purchasers, conveying a
fee simple title, free and clear of all trust and without obligation or liability of the purchaser oz
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 them in this paragraph or elsewhere in the instrument.
mortgage real estate, and to make leases of real
extending beyond the term of the Trusts hereunder.
representative and trustee, to pay indebtedness of a Trust and taxes, and to assign and p:
SAIDIS,
S H U F F & assts of a Trust therefor. Provided, however, that this paragraph shall not authorize borra
MASLAND
AT11fiNRYMATMAYV
zio9 Aluket sweet from "Trust B".
Camp Hill, PA
F. To pay all costs, taxes, expenses and charges in connection
the administration of a Trust, including a reasonable compensation to agents. If any estate or I,
inheritance taxes are payable from assets received by Trustee, such taxes shall be paid from the
assets of "Trust A".
G. In the discretion of my personal representative or trustee, to unite
with other owners of similar property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of a Trust.
H. To vote any shares of stock which form a part of a Trust.
I. To assign to and hold in trust an undivided portion of any asset.
J. To divide any Trust created in this Agreement into two or more
separate Trusts (1) to segregate property not subject to Pennsylvania inheritance tax, or (2) so
that the inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or
one, in order that an election under 2652 (Section a)(3) of the Internal Revenue Code may be
made with respect to one of the separate Trusts, or (3) for any other reason.
K. To do all other acts in its judgment deemed necessary or desirable
for the proper and advantageous management, investment and distribution of the Trusts.
L. Any corporate fiduciary acting as a personal representative or
SAIDIS,
SHUFF &
MASLAND
ertntt-tava~Aruw
1109 Muket Street
Camp HHI, PA
trustee hereunder shall be entitled to compensation based on its regular schedule of fees for such
services in effect at the time of the service rendered.
M. Should the principal of any Trust herein provided for become too
small, in their discretion, so as to make continuance of the Trust inadvisable, they may make
immediate distribution of the then remaining principal and any accumulated or undistributed
income outright to the person or persons and in the proportions they are then entitled to income.
8
Upon such termination the rights of all persons who might otherwise have any interest as
succeeding income beneficiary or in remainder shall cease. If any person to receive distribution
is a minor or disabled in any way, they may pay the fund to the parent, guardian, or person or
organization felting care of that person, or, with respect to a minor, Trustee may deposit the fund
in a savings fund account in the minor's name payable to the minor at majority.
These authorities shall extend to all property at any time held by my Executor or my
Trustee and shall continue in full force until the actual distribution of all such property, except
as otherwise specifically stated. All powers, authorities, and discretion granted by this will
shall be in addition to those granted by law and shall be exercisable without court authoriza-
Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are herein directed to be made, shall be under legal disability,
or in the sole judgment of Trustee, shall otherwise be unable to apply such payments to his
own or her own best interests and advantages, Trustee may make all or any portion of such
payments in any one or more of the following ways:
A. Directly to such beneficiary;
B. To the Legal Guardian or Conservator of such beneficiary;
SAIDIS,
S H U F F & C. To a relative of such beneficiary, to be expended by such relative for
MASLAND
Armnsys.A7wwW the benefit or such benefici
zio9 Marker street ary; or
lamp HiH, PA
D. By itself expending same for the benefit of said beneficiary. These
,. ~ ..
provisions shall not apply to "Trust B".
XI. Personal Representatives and Trustees: I appoint my son, ROBERT J.
COOK, JR, Executor of this, my Last Will and Testament. Should my said son fail to qualify
or cease to act as such, then I appoint my daughter-in-law, KAREN ENGLANDER COOK,
to act in this capacity.
I appoint my son, ROBERT J. COOK, JR, as Trustee of any trusts created
herein. Should my said son fail to qualify or cease to act as such, I appoint my daughter-in-law,
KAREN ENGLANDER COOK, to act in this capacity. None of my personal representatives
shall be required to post bond in this or any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the
~~ day of ~VC~nB[x3`, 1999.
~~ < SZ (SEAL)
ROBERT J. COOK, SR
SAIDIS,
SHUFF &
MASLAND
A7'1'ORNSYS•ATNAW
2109 Market Street
Gmp HOI, PA
In our presence the above-named testator signed this and declared it to be his will, and now at
his request, in his presence, and in the presence of each other, we sign as witnesses:
2Co ~ ~ d-~. ~ ~ Cc1 v ~Z
Address
d l.c ~ '
ddress
to
i
. .• I
. t .. a .
COMMONWEALTH OF PENNSYLVANIA)
. SS.
COUNTY OF CUMBERLAND)
WE, the undersigned, the testator 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 his Last Will and Testament and
that he signed willingly (or willingly directed another to sign for him), and that he executed it as
his free will 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 that time eighteen yeazs of age or older, of sound mind, and under
no constraint or undue influence.
~~ ~
estator ~
.~...
SAIDIS,
SHUFF &
MASLAND
ATIORMPB~ATKAW
2109 Mukd Street
Gmp Nill, PA
Subscribed, sworn to and acknowledged ore me by the testator, and subscribed and
sworn to before me by both witnesses, this ~ day of ~ d vErn ~3 E7L ,
1999.
otary lic
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