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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 mE/Rxrzrw "~" ceRn~care of oeAni (s.r inwedon..na.>uLnple. on r.V....) 8 t.rrratare.•(a.L ant. Yr, r•Yt :.sr a3am srrxyRrrm V.^._...`.. .. abaown Maxi M.ltl•A Robert James Cook Male 172 - 24 - 7539 June 27, 2011 a.k.Ar axxrM IYart Urrt e°.t,axn 1.~ •rrWYa a•rYa.aarx Gitlr ar 86 t•vr xr mm. rrr t,py~ ra. Oct. 15, 1924 Carlisle, PA ^~„ ^atraxo.tlxx ^~ ~ ran ^ ^~. e0. aanaomn ee Lay. x•m T.µao..N uF•dN Nrn•INroiYrHr, IY•+•rrrmmbp x.114 Uraxmxd Cumberland Carlisle Thorrnsld Hone ar•• exxwaer~0°ae, Q"° ^"" 10'R'°`"""'°""°'"'B1gtN""•"' . (~ rmm.t nrb "a` re.t white 11. Ilrr drnxra meta a•xerlrY 12 NY•DSb•nrbxr fa D.aaaftl Erraen apwMxay MO~mr eenaYriq fA land 9.lr rrM Nn•rr•nYd: 169rargarmx Rl •11•:xM mrdn mbr) OwneC~perator iardrrmrlYlmly U.&NmxxFar•7 Err.rm/ ~y,L.~12) (tiaw) W (~A -{ ~ 1i lianoe Store ®Vr ^rb 10. 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' «"`arYrEann!/aYwrxYrYM1bryMbb.~rrxmerrWrlM tlm4 xr•,NtlYe•.rr rr btlrrry)rr mrwrr•Wx ^ r•D o (~ .ti- Jun.• 1 r, 2uli _ 3e.Nrr rtl•etw dhnm Nr aorn CaroYY~fLrr Irm zp Tro./nw sx. MxYxr rtl ~~ b1f1tl w ~ ern, 1~r tx+ 3 e.uw. ~ • ~ . ~ax~r I ~ I I 12 1 j I o I ~ r°'6'"n ' 7 rww ~R~pt•a P L ?701 x~,m+4a Rr•r w.~~f/n l,l. ~/J GeoYge P. BrerlacLm, rm ti~ -'~c~ 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 NOfA~ALNI~ KAltCI L talM(M.IIO~NIr/1~~ C~IILI!{L' !0110. G/~NOOaM~- W OOMUNNdM ~~ PIINYMIf f0.>~1 11