HomeMy WebLinkAbout02-21-12IN RE:
ESTATE OF DANIEL R. COLDREN,
Deceased
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
FILE NO: 21 - 11 - 1043
PETITION FOR AUTHORIZATION TO DISTRIBUTE REAL ESTATE
IN ACCORDANCE WITH WILL
AND NOW comes Rebecca E. Sherman, Executrix of the Estate of Daniel R. Coldren,
deceased, and petitions the Court for authorization to convey real estate in accordance with the
provisions of the decedent's Will, based upon the following:
1. The Petitioner herein is Rebecca E. Sherman, an adult individual who resides at
2280 Putt Lane, Enola, Pennsylvania, 17025.
2. This petition involves the Estate of Daniel R. Coldren, deceased, late of East
Pennsboro Township, Cumberland County, Pennsylvania. The estate for Mr. Coldren was
opened, and Petitioner was appointed executrix of his Will by the Register of Wills of
Cumberland County, Pennsylvania, on 4 October 2011.
3. Decedent died on 16 September 2011. At the time of his death, the decedent
apparently believed he owned, in his name alone, his primary residence located at 536 West
Cumberland Road in Enola, East Pennsboro Township, Cumberland County, Pennsylvania.
Decedent had acquired that property sometime in 1958 and owned it in his name, or in a trust,
from that date.
4. During his lifetime, the decedent created a revocable inter vivos trust, which he
styled "The Daniel R. Coldren Revocable Trust" (hereinafter the "Trust"). That Trust was
created by Trust documents which Petitioner believes were executed in January of 1996.
5. By quitclaim deeds dated 31 July 1996, Decedent transferred into the Trust the
property he owned at 536 West Cumberland Road. Copies of the deeds transferring that
property into the Trust are attached hereto and marked as Exhibit A.
6. Subsequent to 1996, at a date not specifically known to Petitioner, but believed to be
in calendar year 2005, decedent revoked and cancelled the Trust. Petitioner believes that
decedent revoked the Trust by some type of written document, because he told her and others
that he had revoked the Trust in that fashion. However, Petitioner has not been able to locate,
among decedent's papers and records, any document which formally revoked the Trust.
7. Petitioner was not able to locate, among decedent's record and papers, and after a
thorough search of the same, any Trust documents or other documents relating to the Trust.
Petitioner believes that decedent destroyed all of those documents upon his revocation of the
Trust.
8. As far as Petitioner can determine, decedent recovered most of his assets from the
Trust. Those assets included at least one annuity and several bank accounts. However, for
reasons not known to the petitioner, decedent never corrected the deeds which transferred the
real estate into the name of the Trust.
9. By an Affidavit which decedent executed in November of 2008, decedent
acknowledged that he had revoked the Trust and requested an investment company holding an
asset in the name of the Trust to transfer that asset back to his individual name. A copy of that
Affidavit is attached hereto and marked as EXHIBIT B.
10. On 1 November 2007, decedent executed a Will which, among other provisions,
contained the following:
ITEM II. I give, devise and bequeath the residence I own at the time of my
death, whether I occupy it at that time or not, to Chet Cohick, provided he survives
my death by sixty (60) days.
A copy of that Will is attached hereto and marked as EXHIBIT C.
11. Decedent's Will, makes no mention of a Trust and, in fact, makes gifts and other
dispositions which aze entirely inconsistent with an inter vivos Trust. For that reason, Petitioner
believes that decedent revoked his inter vivos Trust prior to making his Will in 2007.
12. Petitioner wishes to implement the provisions of decedent's Will, including the
provision which gives decedent's residence to Mr. Cohick. To do that, however, she wishes to
have the authorization of the Court and a finding by this Court that decedent revoked the Trust.
Petitioner files this Petition seeking that authorization.
13. Because Petitioner does not have a copy of, or access to, the document which
appazently created the Trust, she is not able to determine who the beneficiaries of that Trust were
or what persons or entities may have an interest in the Trust or the Trust assets.
14. Because she is not able to determine the identity of the persons having an interest in
the Trust, she requests the court to authorize service of the citation in this matter by publication.
WHEREFORE, Petitioner prays this Court to issue a citation upon all parties of interest,
to direct service of such citation by publication and, after a heazing before this court, if the court
determines a hearing is necessary, to authorize Petitioner to implement and carry out the
provisions of Decedent's Will, without regazd to the Trust which the Decedent appazently
terminated, specifically including the authorization to transfer Decedent's residence to Chester
Cohick.
Samuel L. Andes
Attorney for Petitioner
Supreme Court ID 17225
525 North 12~' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
COMMONWEALTH OF PENNSYLVANIA )
( SS..
COUNTY OF CUMBERLAND )
REBECCA E. SHERMAN, being duly sworn according to law, deposes and says that she is the
Executrix of the Estate of Daniel R. Coldren and that the facts set forth in the foregoing
document are true and correct to the best of her knowledge, information, and belief.
REBECCA E. SHERMAN
Sworn to and subscribed
before a -this ~~~ day
of , 2012.
Notary lic.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
AMY M. HARKINS, Not~y Public
Lemoyne Boro., Cumbeii~d Coup
F,XHIBIT A
~~~~T
THE GRANTOR
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CLAIM DEED
(For Rocorden Use)
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Daniel Coldren, a widower not since remarried n
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Whose tax mailing address is: 536 W. Cumberland Road
Enola
Pennsylvania '~
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17025, for the consideration of No/100 Dollars, and other considerations in ;
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hand paid, CONVEYS and QUIT CLAIMS to Daniel R. Coldren
Trustee of t-+ ~ °
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The Daniel R. Coldren Revocable Trust, Dated January 25, 1996, at 536 W. ~ rn
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Cumberland Road, Enola, PA 17025 3 ~ T~
All interest in the following described Real Estate situated in the County of t-` ~ ~ ~~
Cumberland, in the Commonwealth of Pennsylvania
to wit: -< ~
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(See Attached Schedule A) I'
No mon c ed han , so real estate transfer taz L not required
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DATED this 3 day of Shy 19 9f. .
Signe ~ Q ~ Signed:
Name: aniel Coldren Name:
Signed.• Dote: 7- 3 I' Q(.
Jo C. Stembulis, J.D.
hereby releasing and waiving all rights and by virtue of the Homestead Exemption Laws of the State of Pennsylvania.
Permanent Real Estate Index Number(s):
Address(es) of Real Estate: 536 W. Cumberland Road, Enola, PA 17025
Notary Seal
Commonwealth of Pennsylvania, County of Cumberland ss. I, the undersigned,
a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that Daniel Coldren, a widower not since remarried, personally known
to me to be the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person, and acknowledged that helshe
signed, sealed and delivered the said instrument as his/her free and voluntary act,
for the uses and purposes therein set forth, including the release and waiver of
the right of homestead.
Given under my hand and official seal, this i3 ~ day of ~y~~ 199fe
No Si a~~re:_~
~y gn Commission expires: Notarial ~
North IWWtpfj ' `""°'CuR1Publlc f
This instrument prepared by: Attornry John G StambWUs, 11022 Sowtawest Nigbway, Palo R+ ~xptrea ~ 8 Cournv .!
GRANTORS ADDRESS 8c ADDRESS TO MAIL TO: SEND SUBSEQUENT TAX BILLS TO: y ~~ t
Daniel R. Coldren _~j_ Daniel R. Coldren
536 W. Cumberland Road ../~IC~~ 536 W. Cumberland Road
Enola, Pennsylvania 17025 Enola, Pennsylvania 17025
600!( ~~~ PAGE ~ j~
scHEnvzE A
ALL that certain lot of land situate in the Township of East
Pennsboro, County of Cumberland and Commonwealth of Pennsylvania,
bounded and described as follows:
BEGINNING at a point on the westerly line of Grant Street at the
Northerly line of property now or late of the Grantee, said point
being located Eighty (80) feet north of the northwest corner of
Grant Street and Cumberland Road; thence westwardly along said
Coldren lands and parallel with Cumberland Road one hundred forty
(140) feet to a point; thence a northwardly along lands of the
grantor and parallel with Grant Street forty-nine and seven-
tenths (49.7) feet to a point a line of lands now or late of
Joseph C. Bair and wife; thence along the latter lands eastwardly
one hundred forty -(140) feet to a stake on the westerly line of
Grant Street; thence along said line southwardly forty-nine and
seven-tenths (49.7) feet, more or less, to the place of Beginning
BEING the premises which George J. Miller, Jr., a single man by
deed dated January 28, 1958 and recorded in the office of the
Recorder of Deeds of Cumberland County in Deed Book "G", Vol. 18,
Page 59, granted and conveyed unto Daniel Coldren grantor
herein, and Margaret E. Coldren his wife, and the said Margaret
E. Coldren having deceased on July 25, 1993.
'` =~'~~~~ of Pennsylvania
,~- -;,7i~$y of Cumberland ~ SS
`<::~'~~~! in the office for thee recording of Dye
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' QUIT CLAIM DEED
THE GRANTOR ~~~~/
Daniel Coidren, a widower not since remarried
Whose tax mailing address is: 536 W. Cumberland Road, Enola, Pennsylvania
17025, for the consideration of No/100 Dollars, and other considerations in
hand paid, CONVEYS and QUIT CLAIMS to Daniel R. Coldren, Trustee of
The Daniel R. Coldren Revocable Trust, Dated January 25, 1996, at 536 W.
Cumberland Road, Enola, PA 17025
All interest in the following described Real Estate situated in the County of
Cumberland, in the State of Pennsylvania, to wit:
(See Attached Schedule A )
No money~nged hands, ~c~ real estate transfer tax is not required
(For Recorders Use)
Signed: ~j Date: 7-31-q~.
Jo Stambulis, J.D.
hereby releas' g and waiving all rights and by virtue of the Homestead Jxepiption Laws of the State of
Permanent Real Estate Index Number(s): 09 - f y - O $ry - l `3
Address(es) of Real Estate: 536 W. Cumberland Road, Enola, PA 17025
DATED thi 3 ~ day~of J U~ 19 ~~ .
Signe /'(..t. Signed:
Name:Daniel Coldren Name:
Notary Seal
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Pennsylvania.
State of Pennsylvania, County of Cumberland ss. I, the undersigned, a Notary
Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY
that Daniel Coldren, a widower not since remarried, personally known to me to
be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that he/she-signed,
sealed and delivered the said instrument ashis/her free and voluntary act, for the
uses and purposes therein set forth, including the release and waiver of the right
of homestead.
Given under my hand and official seal, this I _ ~3 t day of -t, ~ y 19~.
Notary Signature:__ _ ~~'~V Cummission expire;
This instrument prepared by: Attorney John C. Stombulis, 11022 Southwest Highway,
GRANTORS ADDRESS 8c ADDRESS TO MAIL TO: SEND SUBSEQUENT TA:
Daniel R. Coldren Daniel R. Coldren
536 W. Cumberland Road ~' 536 W. Cumberland Road
Enola, Pennsylvania 17025 Enola, Pennsylvania 1702:
icon ~.~~ r~ c:t ~.~..~
SCHEDULE A
ALL That certain piece or parcel of land situate in the Township of
East Pennsboro, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point, the intersection of the westerly line of
Grant Street with the northerly line of Cumberland Road Extended;
thence in a northerly direction along the westerly line of Grant
Street eighty (80) feet to an iron pin; thence in a westerly
direction along a line parallel with Cumberland Road Extended one
hundred forty (140) feet to a point; thence in a southerly
direction along a line parallel with Grant Street eighty (80) feet
to a pin on the northerly line of Cumberland Road Extended; thence
along Cumberland Road Extended, in an easterly direction, one
hundred forty (140) feet to a pin, the place of Beginning.
BEING the premises which George J. Miller, Jr., a single man, by
deed dated the 28th day of February 1947, and recorded in the
Office of the Recorder of Deeds in and for said County of
Cumberland in Deed Book "X", Vol. 13, Page 244, granted and
conveyed unto Daniel Coldren and Margaret E. Coldren, his wife.
~`'~~!to of f'mnnsylvania
C}a°.~rrty of Cumberland ~ ~
~rd®d in the office for tha retarding of py~is
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Had VoT: ps
Sena my hand an al of off'
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E~IIBIT B
AFFIDAVIT
AND NOW comes Daniel R. Coldren who, being duly sworn according to law, deposes
and says as follows:
1. He is an adult individual under no disability who resides at 536 West Cumberland
Road in Enola, Cumberland County, Pennsylvania. He reads, writes, and understands the
English language and makes this Affidavit of his own free will.
2. Prior to 1996, he was the owner of an annuity issued by USG Annuity & Life
Company, identified as annuity Policy #132118. He was the sole owner of that annuity.
3. Sometime prior to 1996, the exact date of which he cannot recall, he created an
intenrivos, revocable trust of which he was the sole trustee and the primary beneficiary. He
transferred the annuity described above into the ownership of that trust by a document dated
25 January 2006.
4. Sometime prior to the date of this Affidavit, the exact date of which he does not
know but which he believes is sometime in calendar year 2005, he revoked the Daniel R.
Coldren revocable trust. At the time of that revocation, he transferred what he believed to be
all of the assets held by the trust back to his name individually. When he did so, he
overlooked the annuity policy with USG Annuity & Life Company. The trust was titled The
Daniel R. Coldren Revocable Trust.
5. He now wishes to transfer the USG Annuity & Life Company annuity back into his
name alone since the trust has been revoked. He gives this affidavit in support of his request
that the annuity be transferred back to his individual name.
6. He no longer has the documents which created the Daniel R. Coldren Revocable
Trust or which revoked it. A!I of those documents have been lost or misplaced and he has not
been able to locate them.
7. He has lost or misplaced the annuity contract itself and no longer has that
document.
8. He is, and was at all times, the sole trustee of the Daniel R. Coldren Revocable
Trust and the only primary beneficiary of the trust. No other person owned any interest in the
trust or exercised any control over it.
9. He agrees that he shall indemnify and save harmless all ING U.S.A. Annuity & Life
Insurance Company of Des Moines, Iowa, which he understands is the successor to the USG
Page 1 of 2
Annuity & Life Company, and hold ING U.S.A. Annuity & Life Insurances Company harmless
from any claims which may be made against them as a result of their transferring the
ownership of the annuity to his name alone as requested in this Affidavit or any cost, loss, or
damage caused to them by their transferring the annuity to him in reliance upon this Affidavit.
10. He hereby formally requests ING U.S.A. Annuity & Life Insurance Company to
transfer to his name alone the annuity policy originally issued by USG Annuity & Life
Company, identified as annuity Policy # 132118 to his name alone.
Sworn to and subscribed
before me this 2q `"day
Of 1(`Q vtr... h-~ r ~.
N tary Public
J
Daniel R. Coldren
oo~oNwEara'i ~ ~NNSnv
East Plar~bp~p~yn~bwlr~d~
~~~E~sNov 15.2D~1
''"d^tiox. Pormsylvsr~ Assocr.,,,n w Nots-is.
Page 2 of 2
EXHIBIT C
WILL
OF
DANIEL R COLDREN
I, DANIEL R. COLDREN, of East Pennsboro Township, Cumberland County, Pennsylvania,
declare this to be my last will and revoke any will previously made by me.
ITEM I. I direct that all my just debts and funeral expenses, including my gravemarker and all
expanses of my last illness, and any and all taxes and assessments imposed by any governmental body as a
result of my death, whether on property passing under this will or otherwise, shall be paid from my
residuary estate as soon as practicable after my decease as a part of the expense of the administration of
my estate.
ITEM II. I give, devise, and bequeath the residence I own at the time of my death, whether I
occupy it at that time or not, to CHET COHICK, provided he survives my death by sixty (60) days.
ITEM III. I give, devise, and bequeath any automobiles or motor vehicles I own at the time of
my death to my cousin, REBECCA E. SHERMAN, provided she survive my death by sixty (60) days.
ITEM IV. I give, devise, and bequeath all of my possessions and estate of every nature and
wherever situate as follows:
A. Six. and one-half (6.5%) percent to SARA MAE PUTT ESSIG, provided she
survives my death by sixty (60) days and, if she does not so survive my death, to the other
persons taking under this Item of my last will in. the portion they take.
B. Fifty-Three and one-quarter (53.25%) percent to REBECCA E. SHERMAN,
provided she survives my death by sixty (60) days and, if she does not so survive my death,
to the other persons taking under this Item of my last will in the portion they take.
C. Six and one-half (6.5%) percent to DANIEL PUTT, provided he survives my
death by sixty (60) days- and, if he does not so survive my death, to the other persons taking
under this Item of my last will in the portion they take.
Page 1 of 4
D. Six and one-half (6.5%) percent to DENNIS McMASTER, provided he
survives my death by sixty (60) days and, if he does not so survive my death, to the other
persons taking under this Item of my last will in the portion they take.
E. Six and one-half (6.5%) percent to SHERYL MINNICH, provided she survives
my death by sixty (60) days and, if she does not so survive my death, to the other persons
taking under this Item of my last will in the portion they take.
F. Six and one-half (6.5%) percent to JOHN GABRIEL, provided he survives my
death by sixty (60) days and, if he does not so survive my death, to the other persons taking
under this Item of my last will in the portion they take.
G. Fourteen and twenty-five one-hundredths (14.25%) percent to CHET COHICK,
provided he survives my death by sixty (60) days and, if he does not so survive my death,
to the other persons taking under this Item of my last will in the portion they take.
ITEM V. I appoint my cousin, REBECCA E. SHERMAN, executrix of this my last will. Should
the said REBECCA E. SHERMAN predecease me or otherwise fail to qualify or cease to serve as
executrix of this my last will, I appoint my cousin, DANIEL F. PUTT, executor of this my last will.
ITEM VI. In addition to the other powers and authorities granted to my personal representative
by Pennsylvania Law and by the other terms and provisions of this will, I hereby give to my personal
representative the following powers and authorities effective without court approval and until actual
distribution of all property: to compromise any Clain} or controversy; to make distribution in cash or in
kind, or partly in cash and partly in kind, and in such manner as my personal representative may determine.
and at valuations finally to be fixed by them; to invest in all forms of property, including any stock or
other securities in any corporate fiduciary or its successor without restriction to investments authorized for
Pennsylvania fiduciaries, as my personal representative deems proper, without regard to any principle of
riak or diversification; to retain any or all assets" of my estate, real or personal, without regard to any
principle of risk or diversification; to sell at public or private sale, to exchange, or to lease for any period
of time, any real or personal property and to give options for sales, exchanges, or leases, for such prices
and upon such terms or conditions as my personal representative deems proper, and to allocate receipts
Page 2 of. 4
and expenses to principal or income or partly to each as my personal representatives deem proper in their
sole discretion.
ITEM VII. I direct that my personal representatives and fiduciaries shall not be required to give
bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
~~+-~', , 2007.
~.~--..
DANIEL R. COLDREN
The preceding instrument, consisting of this and two other typewritten pages, each identified by the
signature of the testator was on the date thereof signed, published, and declared by DANIEL R.
COLDREN, the testator therein named, as and for his last will, in the presence of us, who at his request, in
his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
1 L. Andes
Amy H ' s
Page 3 of 4
COMMONWEALTH OF PENNSYLVANIA )
( SS..
COUNTY OF CUMBERLAND )
The undersigned, being the testator whose name is signed to the attached or foregoing instrument, having been
duly qualified according to law, does hereby acknowledge that I signed and executed the foregoing instrument as
my last will, that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
~~~ ~~
DANIEL R. COLDREN
Sworn or affirmed to and acknowledged
before me by the testator named above
this I r+ day of NovrnnBeR , 2007.
Notary
LYNN EM
LE1AOtiNE
Y1- COYIrI
COMMONWEALTH OF PENNSYLVANIA )
(SS..
COUNTY OF CUMBERLAND )
WE, SAMUEL L. ANDES and AMY HARKINS, the witnesses whose names are signed to the attached or
foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the
testator sign and execute the instrument as his last will; that he signed it willingly and that he executed it as his free
and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed
the will as witnesses; and that to the best of our knowledge, the testator was at that time 18 or more years of age, of
sound mind, and under no constraint or undue influence.
. Ande
Sworn or affirmed to and Amy Har s
acknowledged before me this
1 sf day of No~eMse/~ , 2007.
!~, ~~'~~
Notary Public ItC~11W.~EA1.
txNN 9~M1!!l8q, ~~C
LfIIAOMNE d0l10~, gMlNJIIQ GOB.
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