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HomeMy WebLinkAbout10-03-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years ofage or older, apply(ies) for Letters as specified below, land in support thereof aver(s) the following and respecNully requests the grant of Letters in the appropriate form: Roxie D Lent Decedent's Information _ ~ ~~ Name: John Lent File No: 21-12 _ a/kla: John R. Lent (Assigned by Register) alk/a: a/k/a: Social Security No: 189.26-0141 Date of Death: 1 211 3/2 01 7 Age at Death: 80 Decedent was domiciled at death in Cumberland County, pA (State) with hislher last prtncipal residence at 11 North Old Stonehouse Road, Carlisle 17015 Silver Spring Cumberland street adaraaa, Poet ORax ana zro coca city. rownsnip or eorovgn covmy Decedent died at Sarah A. Todd Memorial Home, Carlisle, 17013 Carlisle Cumberland PA Strael adtlress, Poat fmu entl Zip Code Ciy, Township or Borough County State Estimate of value of decedent's property at death: If domiciled In Pennsy/vents ...................... All personal property $ 1,000.00 Ifnot domiciled in Pennsylvania ................ Personal property in Pennsylvania $ /foot domiciled In Pennsylvania ................ Personal property in County $ Value o/real estate in Pennsylvania ................................................................... $ 54,550.00 TOTAL ESTIMATED VALUE $ 55,550.00 Reel estate m Pennayrvania siweted at t/2 interest in 11 North Old Stonehouse Rd, 17016 Silver Spring Cumberland (Attach additional sheets, Hnacessary) Street etltlress, Poat OKca and Zip Code Ciry, Townsnip or Borough County ® A. Petitton for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last WII of the Decedent, dated 07/08/2011 and Codicil(s) thereto dated State relevant urwmateneas (e g., renundafion, deathW executor, efc.J Except as folows: after the execution of the instrument(s) offered for probate, Decedent did not marry was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. g ~3323(g), and did not have a child bon or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Pet;tion for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pedente life, duronte absentia. duronte minoritate If Administration, c.ta or d.b.n.e.ta., solar date of Will in Section A above and comolete Ilst of halts. Except as follows: Decedent was not a party to.pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. rGv ^ NO EXCEPTIONS ^ EXCEPTIONS "~ ~+ Petitioner(s), after a proper search has/have ascertained that Decedent left no WII and was survived by the followi use (if a and tLrrnirB ach additional sheets, if necessary): ~7 ?~~ ~ <:~ c5 I ~..n; fr, -~ W -. r.J'J Name Relationship Address _ t~ ~-' ~~ ~~ __. T - ~ .~ Form R1N-02 rev 10-1 f-2011 Copyright (c) 2011 form soaware only Tne Lackner Group, Inc. Page 1 or 2 Oath of Personal Representative orr=lalueeonlr COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s) Printed Name Petitioner(s) Printed Address Roxie D Lent 11 North Old Stonehouse Road Carlisle, PA 17015 7nns~rn +v 0 ~ - ~ c ~:~ _~ QN.- ~ w rr-rr~`. ;:7 'v ' `c'~ ' ` ~ '-rl e e er ti .:='- C7 m fV "S The Petitioner(s) above-named swear(s) or belief of Petitioner(s) and that, as Personal Sworn to or affirmed an,tds}ubs ribed before meAhier~C~ day of 1 ` / Y Fw Me RegiSrer BOND Required9 U YE-S--L FEES: Letters .......................................... (' )Short Cert~wte(s)......... ( )Renunciation(s) .............. ( )Codicil(s) ........................ ( )Affidavit(s) ...................... Bond ............................................. Commission .................................. Other Automation Fee ............................ JCS Fee ....................................... TOTAL ......................................... Estate of alk/a: To the Register of Wills: Dete Dale Dere Printed Name: (9f*iy M. Moya Supreme Court ID Number: y1402 Firm Name: Law Offices of Susan E. Lederer ' Address: 5011 Locust Lane Hartisburg, PA 17109 Phone: 717/852-7323' Fax: E-mail: Amy~Ledererlaw.com DECREE OF THE REGISTER Date of Death: 12/13/2011 Social Security No: 169-26-0141 File Nc: 21-12 AND NOW, ~r R ~ ~-~~ h~aPY ~~~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to in the above estate and (if applicable) that the instrument(s) dated 07l described in the Petition be admitted to probate and filed of record as lhglpst Will are true and correct to the hest of the knowledge and will we and truly administer the estate according to law. ~~" Date (O -3- [ 2-. J NO //~~ $ V~ r<egrscer or vxiiis ~ / Copyright (c) 2011 roan sollware only The leckner Group, Ina `" ~ ~- _ - ~, LOCAL ~~~~~~F,~S CERTIFICATION OF DEATH ORPHANS (.OUR, /.,a P 18117 9 ~ 7 txRUNO CO.A PA~_°~Aq~ _/EP~~''''~ r~ --_TMFNT oE?`rrr' ~ ~~~h~'t'r~x DEC 1 f~ 2011 Certification Number "•~•••••••~%~ , Local Registrar Date Issued WARNIN - ga_ licate this copy by AEu'~'r~cr ..I l!1!,.,~ Fee for mss cerrif;cate, $b.oo 2012 OCT -3 AH I I ~ 2 I ,,,Irr~ ~iH•oF pfN-_ +~ lci 'ii ig a z mass xEV noun COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL PECOPDS rwY / Fwrt w ~ CERTIFICATE OF DEATH (see InstrueDOns end samples on rewrwl srArE xtF xurneEx I. NY«a IFF4 nNi. .tlMI Y.9v i Sa1tl 4aiq' HnYV l MA q dex ~r4nb «'/. YAFrI - -' 189- 26 _ 0141 - I 1 { xAw nbx s«wwl unadl earl e. abaeXn Y.s ddFrd ei. xw.a wFs xab. °An xod «ud xoipw: pber 80 m. Sept. lle 1931 Towanda/ PA ^xPA«x ^Ex/WdedA ^L(u ®dA«q wd ^nweAA« ^oud.sPAdry: Yh CdAMawAn ee. pry Fdo, i•q.a0.Ax x¢FdMwmeln.n teuubi,0deurmerun4rA z. wu ooe.ndxp«tLMr ~Ne ^v« for :NneMnlneFn.94tA. wTlle, eb. Cumberland Carlisle Sarah A. Todd Memorial Hanle °~ ~ I`~ Whit n nrr ey e II.LOM1TFIM« abmewe nldld eM W Mm 1Y. we odesd e«r h ed le. omtldr. uoFn Isp.dy dw Xedl a.s «ngWxal la, xba smd xbaq xF.« wrrba Is. suryxxq Adr Inge yw n.bd «np IOtld Won 14tld&wwllwn/ U& Nrt« Fumei , EIwISNry I Semary (6121 Colep 11i a Sr) uMNVJ, [AgrM I$iA°ril , ' Teacher Public School ^rd Klw 5 Ma ied Roxi Dill Ie.bbY['AAYYq l6hsl9ASl.dry/bd, M,~ddq 11 N rth Oltl St h Rd RdEAnYA MGmivtl AoAd XnarA. Inedb PA uw c: r..e n f 7 r L a iu ab o one ouae . Carlisle, PA 17015 ~ A. ( a b « ~ « ~r.P. . ~warww~mq Im.c Fn palberland Ira.^ ~ ~~ le. FendexedAlFxa.nmA.wd,xmhl Iq. wx~AX..i1Fa «aeadad.d.~Ai Robert Lent Alice Pldtt 361nbmAnlA WmB (rpN/PAnl Roxie D Lent Yy.IripiMYANBHq bbW $°M dN/aM1rhb. igdbl . 11 North Old Sionehouae Rd., Carlisle, PA 17015 xle. rYevaaol{auon mdgd ^pbdy« zlh oedao¢dFaill/dut M. wl zlc.FwaoYpdm~lbu.danrrry.a.vwrdmurpud) Yla luuum lcWlbq ar.Aq ooeq ^ e.Fa ^ x..«ggan sbd ~wr ~~ Dec. 15Y 2011 Hoffman-Roth Funeral Home S Carlisle, PA 17013 ^ ~r«^~ m. dFUww sewn Id dial m.lad. x.«x m.xwd wwAmedaFwery Hoffman-Roth Funeral Home S Crematory - -- 3144E rdziwdWddrdmpq YLi dnnbnxFnoF.wn daewbede edN.laqu«.dptl«I m.uwbbde.r m. Gb sla•tl lxbow, M.r«q e iae.AwxASe«dm.nm ~ yl~ IR'. Q~L `i .s+ry «dxaede. K Iw«YUt mree oonWbEbwAd' r. m•dUeAm 25.Ow RwueN Mtl ~b1.1•AA Yl wn C«F NAMMm Mbotl EUnbrlC M.NAewn OMr gd~pdeMa 0.«IbnP do wdd.m edn {.Jt ~ ~'h ^ v. ^ xo LAU9E OF 6JTI Itl.F MrFVX°U°rIF.Ald n«rlpM.) i ka°bl'MA gbml Psl ll: Wrr yl, td CgTMmllx Can°bbbC«M1 IYm T)PNI: 6M qe Uyiey~yry-byF«.YyA«,do.~pbWS'MJdd/waMM4YA. 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This is to certify that the information here given is corre,aly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certttic.ate will be forwarded a, the State Vital Records Office for permanent filing. J. Last Will and Testament of John R. Lent I, John R. Lent, a resident of Carlisle, Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Last Will and Testament. Article One Family Information I am married to Roxie D. Lent. Any reference in my Will to my wife is ro Roxie D. Lent I have three children. Their names and dates of birth are: Stephanie L. Brechbiel, born on April 10, 1961; ~, ~ ~:~ Amy J. Lent, born on April 10, 1964; and o n ~ Elizabeth L. Anderson, born on February 3, 1968. o ~~ ~: `-+ t':7 v ? w ' All references in my Will to "my children" are references to these children. o _ ,-~ +;~ ~ ~ , r ' O ~' ~ ~ - r- i ~' Article Two ~ N '- '``~ Distribution of My Property _ Section 2.01 Specific Distribution of Interest in Real Estate If my wife has predeceased me, then as soon as practicable after my death, I direct that my Executor sell my residence located at 11 Old Stone House Road, Carlisle, Cumberland County, Pennsylvania and distribute the net proceeds,, in equal shares, to Stephanie L. Brechbiel, Amy J. Lent, Elizabeth L. Anderson, Melinda J. Gray, Michael J. Gray anu Michelle Group. If a:,y of the above beneficiaries predeceases me, that beneficiary's share is to be distributed to his or her issue, per stirpes, or, if none, to the surviving beneficiaries, pro rata. If my wife, Roxie D. Lent, survives me, then I give my wife a life estate in said property. During the term of said life estate my wife shall be responsible for ttre payment of all real estate taxes, utilities, sewer or water rents and similar charges on the property. She shall, at all times, maintain adequate insurance on the property and shall maintain the property in a reasonably good state of repair, If my wife chooses to vacate the residence, or upon my wife's death, then as soon as practicable, I direct that my Executor sell my residence located at 11 Old Stone House Page 1 Road, Carlisle, Cumberland County, Pennsylvania and distribute the net proceeds, In equal shares, to Stephanie L. Brechbiel, Amy J. Lent, Elizabeth L. Anderson, Melinda J. Gray, Michael J. Gray and Michelle Group. If any of the above beneficiaries predeceases me, that beneficiary's shaze is to be distributed to his or her issue, per stirpes, or, if none, to the surviving beneficiaries, pro rata. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 2.02 Disposition of Tangible Personal Property I direct that my Executor distribute my tangible personal possessions according to a separate "Personal Property Memorandum" or other similaz writing signed by me and kept with my personal records. It is my intent that the writing qualifies to distribute my tangible personal possessions under applicable state law. If the writing is not found at the time of my death, or is ruled an improper disposition, this bequest will lapse and my tangible personal possessions will become part of my living trust. If' any items of tangible personal property I happen to own are not mentioned in the writing, those items will become part of my living trust. If any gift of tangible personal property lapses, then the items comprising the lapsed gift will become part of my living trust. Section 2.03 Pour-Over to My Living Trust I give all of my probate estate, excluding any property over which I have a power of appointment, after payment of expenses and taxes that are paid under this Will, to the then-acting Trustee of the John R. Lent Living Trust dated Februazy 15, 1995 and executed before this Will, to be added to the property of that trust. I direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Section 2.04 Alternate Disposition If the trust referred to in Section 2.03 is not in effect at my death, or if for any other reason the pour-over cannot be accomplished, I specifically and ec+mpletely incorporate the terms of the trust into this Will by reference. I direct my Executor to then establish a trust in accordance with the provisions of that trust and distribute the remainder of my estate, excluding any property over which I have a power of appointment, to the Trustee of that trust to be administered as provided in the trust agreement. Article Three Designation and Succession of Fiduciaries Section 3.01 Executor I nominate Roxie D. Lent as my Executor. If Roxie D. Lent fails or ceases to act as my Executor, I nominate the following as my successor Executor, to act in the order named: Elizabeth L. Anderson; then Page 2 Stephanie L. Brechbiel; then Amy J. Lent. Article Four Powers of Fiduciaries Section 4.01 Grant My Executor may perform every act reasonably necessary to administer my estate and any trust established under my Will. In addition to this general grant of powers, my Executor is specifically authorized to: Hold, retain, invest, reinvest, sell, and manage any real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law; Partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan, and contract; Distribute assets of my estate in cash or in kind, or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets; Hold any interest in nominee form, continue businessFS, carry out agreements, and deal with itself, other fiduciaries, and business organizations in which my Executor may have an interest; Establish reserves, release powers, and abandon, settle or contest claims; and Employ attorneys, accountants, custodians for trust assess, and other agents or assistants as my Executor deems advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal. Section 4.02 Powers Granted by State Law In addition to all of the above powers, my Executor may, without prior authority from any court, exercise all powers conferred by my Will, by comnnon law, or by the Pennsylvania Probate, Estate & Fiduciaries Code or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my Will. My Executor has absolute discretion in exercising these powers. Except as specifically limited by my Will, these powers extend to all property held by my fiduciaries until the actual distribution of the property. Page 3 Section 4.03 Distribution Alternatives My Executor may make any payments under my Will: Directly to a beneficiary; In any form allowed by applicable state law for gifts or tran:~fers to minors or persons under disability; To a beneficiary's guazdian, conservator, or caregiver for the; benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient fox any distribution will fully dischazge; my Executor, if the distribution is made in a manner consistent with the proper exercise of my Executor's duties under my Will. Article Five Administrative Provisions Section 5.01 Court Proceedings If any trust is established under my Will, that trust will be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval, or other action by any court, It will be subject only to the jurisdiction of a court being invoked by the Trustees or by other interested parties, or as otherwise provided by law. Section 5.02 No Bond I direct that no Executor be required to give any bond in any jurisdiction. Notwithstanding this direction, if a bond is required by law or by court determination, no sureties will be required on the bond. Section 5.03 Compensation and Reimbursement Any fiduciary serving under my Will is entitled to reasonable compensation cemruensurate with services actually performed. In addition, any fiduciary serving under my Will is entitled to reimbursement for expenses properly incurred. Section 5.04 Ancillary Fiduciary If any ancillary administration is required or desired and my domiciliary Executor is unable or unwilling to act as an ancillary fiduciazy, my domiciliazy Executor may have power to designate, compensate, direct, and remove an ancillary fiduciary. The ancillary fiduciazy may either be a natural person or a corporation. My domic;iliazy Executor may delegate to the ancillary fiduciazy any powers granted to my domicilliazy Executor as my domiciliary Executor deems to be proper, including the right to serve without bond or Page 4 without surety on bond. The net proceeds of the ancillary estate will be paid over to the domiciliary Executor. Article Six Taxes, Claims and Expenses Section 6.01 Payment of Death Taxes, Claims and Expenses The Trustee of the trust referred to in this Will is authorized to pay expenses incurred for my funeral and for the disposition of my remains, claims against my estate, and expenses of estate administration. Accordingly, I direct my Executor to consult with the Trustee to determine which expenses and claims should be paid by my executor from property passing under my Will, and which expenses and claims should be paid by the Trustee from the trust. I direct my Executor to follow any instructions contained in the John R. Lent Living Trust in making any tax elections, including, but not limited to, the allocation of my GST Exemption. Any taxes imposed by reason of my death on property passing under and outside my Will are to be apportioned and paid in the manner provided in the John R. Lent Living Trust, and I incorporate the tax apportionment provisions of the John R. Lent Living Trust as part of my Will. In no event may any death taxes be allocated to or paid from property that is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax marital or charitable deductions. Section 6.02 Tax and Administrative Elections My Executor may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority includES the power to select any alternate valuation date for death tax purposes and the power 1:o determine whether any administration expenses of my estate are to be used as estate tax deductions or as income tax deductions. No compensating adjustments are required between income and principal as a result of those determinations unless my Executor detf;rmines otherwise, or unless required by law. My Executor, in its sole and absolute discretion, may elect to have all, none, or part of the property comprising my estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b)(7) of the Internal Revenue Code (the "QTIP Election"). My Executor is not liable to any beneficiary of my estate for tax consequences that arise as a result of the exercise or nonexercise of any tax elections or for decisions made concerning the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. My Executor, in his or her sole and absolute discretion, may make any adjustments to the basis of my assets authorized by law, including but not limited to increasing the basis of Page 5 any property included in my gross estate, whether or not passing under my Will, by allocating any amount by which the basis of my assets may be increased. My Executor is not required to allocate basis increase exclusively, primarily or at all to assets passing under my Will as opposed to other property included in my gross estate. My Executor may elect, in his or hez sole and absolute discretion, to allocate basis increase to one or more assets that my Executor receives or in which my Executor has a personal interest, to the partial or total exclusion of other assets with respect to which such allocation could be made. My Executor may not be held liable to any person for the exercise of his or her discretion under this Section. Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my Will shall be determined by the laws of the Commonwealth of Pennsylvania. Section 7.02 Contest Provision If any person, directly or indirectly attempts to contest or oppose the validity of my Will or my living trust, including any amendments to my trust, or comrnences, continues, or prosecutes any legal proceedings to set my Will or living trust aside., then that person will forfeit his or her share, cease to have any right or interest in my property, and will, for the purposes of my Will, be deemed to have predeceased me. Section 7.03 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural, and words indicating the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, as context requires. Section 7.04 Headings and Titles The headings and paragraph titles are for reference only. Section 7.05 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the "Code" refer to the Internal Revenue Code of the United States. References to specific sections of the Code apply to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my Will.. Page 6 Section 7.06 Other Definitions Except as otherwise provided in my Will, terms will be interpreted as defined in the Pennsylvania Probate, Estate & Fiduciazies Code, as amended after the date of my Will and after my death. Section 7.07 Survivorship For purposes of this Will, if my wife actually survives me by any period of time or if the order of our deaths is not known, then my wife will be deemed to have survived me. Any other beneficiary will be deemed to have predeceased me if the beneficiary dies within 30 days after the date of my death. Section 7.08 Severability If any part of this instrument is determined to be void or invalid, the remaining provisions will remain in full force and effect. I, Jo~ip R. Lent, having signed this Will in the presence of ~Y>1 1~• ~ ~a and j,i~--,., ~ , La J.--`~ who attested it at my request on this day, July 8, 2011 at Carlisle, Pennsylvania, declare this to be my Last Will and Testament. John , Tt~ator The above and foregoing Will of John R. Lent was declared by John R. Lent in our view and presence to be his Will and was signed and subscribed by the said Sohn R. Lent in our view and presence and at his request and in the view and presence of John R. Lent and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of John R. Lent on this day, July 8, 2011. ~^ ~~ residing at ~ C' ~'~--~°i ~ ~- ~t , ~ ~~ `~ 17t y , ~~Sl 0 residing at ~``~35 ~ Y~ ~~A 1'~ i ~ 1 Page 7 PENNSYLVANIA SELF PROVING AFN`IDAtiiTT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, JOHN R. LENT, the testator whose name is signed to the aittached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by John R. Lent, the testator, this day, July 8, 2011. ~-~-- JOHN R. ANT, 'es'~ator \, No blic COMMONWEALTH 0 PENNSYLVANIA NovMl5NI ]acqueN~~c M. Mpldap4 Notary Public Lower PaxOOn ~•~ Ua~ 3 ~e19 My CornnlpkMl Member. Pe~nnaAvema Page 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, 1'>1 ~ I'~ and ~ USA.--Y. L_.2~-•e.f ,the witnesses whose names are si ned tot a attached or foregoing instrument, being dully 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 the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more yeazs of age., of sound mind, and under no constraint or undue influence. C~ ~ _ Witn s L. ~~v Witness Not P blic `- COMMONWEALT_ii OF pETINSYWANIA Notarial Seal Jacqueline M. Mktdeck, Notary Public Lower Paxton TwPa DauPNb County M Mtalwl0a ~f INN OtL S 201 Nry @t, @@flfN @a a oft of Nohrles Page 9