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 ?~~ ~ <:~
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Name Relationship Address _ t~ ~-' ~~
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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
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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-.
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Copyright (c) 2011 roan sollware only The leckner Group, Ina `" ~ ~-
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LOCAL ~~~~~~F,~S CERTIFICATION OF DEATH
ORPHANS (.OUR,
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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-_
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mass xEV noun COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL PECOPDS
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photostat or photograph.
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; ~,
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Amy J. Lent, born on April 10, 1964; and o n ~
Elizabeth L. Anderson, born on February 3, 1968. o
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All references in my Will to "my children" are references to these children. o
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Article Two ~ N '-
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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