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HomeMy WebLinkAbout04-10-13 REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Estate of RICHARD WILLIAM CORNELL FILE NO.21 12 0912 PETITION FOR APPOINTMENT OF LETTERS OF ADMINISTRATION d.b.n.c.t a. Your petitioner, STEPHANIE J. RICHARDSON,resides at 10 Oak Lane, Mechanicsburg, Cumberland County,Pennsylvania 17050, and pursuant to 20 Pa. C.S.A.§3159 files this Petition and in support thereof respectfully represents as follows: 1. Richard William Cornell,deceased,died testate on July 17,2012. 2. On August 20,2012, Paul R. Cornell,one(1)of decedent's four(4)children,was granted letters testamentary pursuant to the Last Will and Testament of Richard William Cornell,probated at File No. 21-12-0912. 3. Paul R. Cornell died on February 15, 2013, and at present there is an entire vacancy in the office of personal representative for this estate. (Attached hereto is death certificate issued by the state of New Hampshire) 4. The Last Will and Testament probated herein does not appoint a backup personal representative. � o M 5. Petitioner is entitled to a share of the residual estate in the fEgrobatefin t% matter,and therefore,pursuant to 20 Pa.C.S.A.§3155, qualifies for thiA&Ajtmt as rn rrnn C9 Administrator,d.b.n.c.t.a. z v-' o C, C-, -n � C -.5 =-' C fr f7 M �i 6. There are three(3)others entitled to a residual share of the estate Richard William Comell,and thus,equally qualified with Petitioner to be appointed Administrator, d.b.n.c.t.a., namely: Mark A. Cornell,petitioner's brother 115 Town Farm Road Coventry, RI 02816-8944 Kimberly Cornell,petitioner's sister PO Box 478 Truro,MA 02652-478 Lorraine Cornell, spouse of Paul Cornell,deceased 36 Murphy Street Manchester,NH 03103-6025 7. Of the other 3 residual beneficiaries,Mark A. Cornell and Lorraine Cornell, spouse of Paul Cornell, deceased,have executed renunciations in favor of the appointment of Petitioner herein as administrator,d.b.n.c.t.a. The executed and notarized renunciations are attached hereto and filed along with this petition. 8. The remaining residual beneficiary, Kimberly Cornell,has stated that she opposes the appointment of any residual heir,as Administrator,to include Petitioner herein, d.b.n.c.t.a. 9. Kimberly Cornell was previously represented by counsel,but efforts to contact her counsel over the past two(2)weeks have received no response. 10. This estate owns real estate in New Hampshire which, once sold,would shortly lead to completion of the administration of this estate and equal distribution to the residual heirs. 11. Petitioner is the most reasonable person to be appointed as administratrix, d.b.n.c.t.a. due to the following: (a) Petitioner resides in Cumberland County, Pennsylvania, where jurisdiction over final administration of this estate remains; (b) Petitioner is the only member of the residual beneficiaries who has expressed a willingness to accept the responsibility of completing the administration of this estate in a timely manner; (c) 2 of the 3 remaining residual beneficiaries are willing to place their trust in Petitioner to fairly administer the responsibilities of being personal representative; (d) Appointing more than one,i.e.,joint administrators, is unreasonable due to the geographical distances between each residual beneficiary, and the geographical distance of each residual beneficiary from the situs of the real property in New Hampshire; (e) Likewise, there is disagreement among the residual heirs currently, and thus there is a reasonable likelihood of future disagreement among joint representatives on how to best handle the estate, which could cause delay and unnecessary expenses to the estate. WHEREFORE, your petitioner prays that a citation be issued as to each residuary heir, save Petitioner,requesting that they,or any one of them show cause as to why Petitioner should not be appointed Administrator,d.b.n.c.t.a. Respectfully Submitted, .,4 row�� R. Mark Thomas, Esquire ID#41301 101 S. Market St. Mechanicsburg,PA 17055 717-796-2100 rmarkthomas(a.gmail.com VERIFICATION ' I verify that the statements made in the foregoing Petition for Appointment of Letters of Administration,d.b.n.c.t.a.,are true and correct to the best of my knowledge,information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: CJ/,3 4;� J. RICHARDSON CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the Petition for Letters of Administration, d.b.n.c.t.a. on the following persons by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Certified Mail First Class Postage pre-paid,addressed to: Lorraine Cornell 36 Murphy Street Manchester, NH 03103-6025 Mark A. Cornell 115 Town Farm Road Coventry, RI 02816-8944 Kimberly Cornell PO Box 478 Truro, MA 02652-478 Date: /T�Q /d a� R. Mark Thomas, Esq. � ��' � y t PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below,and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: SICHARD WILLIAM CORNELL File No: 21 12 0912 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 039-16-3508 Date of Death: 7/17/2012 Age at death: 85 Decedent was domiciled at death in CUMBERLAND County, PA (State)with his/her last principal residence at 2101 RENT CREEK BLVD 17050 SILVER SPRINGS CUMBERLAND Street address,Pa#Otrm mud tip Code City,Tow addp or Borough County Decedent died at BRIDGES AT BENT CREEK 17050 MECHANICSBURG CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County state Estimate of value of decedent's property at death: ifdandelled in Pennsylvania................................All personal property $ 25,000.00 .1 f no deavidted In Pennsylvania.............................Personal property in Pennsylvania $ If nor dondciled in Pennsylvania.............................Personal property in County $ Value Of red estate in Pennsylvania................................I...................I......... $ TOTAL ESTIMATED VALUE.... $ 25,000.00 Real estate in Pennsylvania situated at: (Anach additional sheets,tf necessary) Street address,Post Office and Zip Code City,Township or Borough County ❑ A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he✓she/they is/are the Exccutor(s)named in the last Will of the Decedent,dated 9/30/2005 and Codicil(s) thereto dated PLEASE SEE ATTACHED PETITION State relevant dreumstances(4g renunciation,death of erecumr,ete) Except as follows:after the execution of the instruments)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.§3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑ NO EXCEPTIONS ❑EXCEPTIONS M B. Petition for Grant of Letters of Administration(If applicable)d.b.n.c.t.a. _ e.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durance absentia,durante minoritate If Administration,c.ta or db n.c.ta,enter date of Will in Section A above and comnlete list of heirs. Except as follows: Decedent was not a parry to a 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. ❑ NO EXCEPTIONS ❑EXCEPTIONS 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(attach additional sheets,if necessary): Name Relationship Address 10 OAK LANE STEPHANIE J. RICHARSON DAUQHTER MECHANICSBURG PA 1705 PO BOX 478 KIMBERLY CORNELL DAUGHTER TRURO MA 02652 115 TOWN FARM ROAD MARK A. CORNELL ISON ICOVENTRY RI 02816 36 MURPHY STREET LORRAINE CORNELL Daughter-in-law MANCHESTER NH 03103 Farm ew-m rev.1011112011 Page I of 2 Oath of Personal Representative Official use Only COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Petitioner(s)Printed Name Petitioner(s)Printed Address 10 OAK LANE STEPHANIE . RI HARD MECHANICSBURG PA 17 The Petitioner(s)above-named swears)or affirm(s)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,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this Date day of Date 13y. Date For the Register Date BOND Required: ❑ YES M NO To the Register of Wilk FEES: Please enter my appearance by my signature below: Letters................... ... . $ FAttomey Signature: )Short Certificates(s) .. .... )Renunciations).... ...... )Codicils) . ...... ...... . )Affidavits).. . . . .... .. .. Bond .......... ...... ......... . ed Name: R. MARK THOMAS ESQUIRE Supreme Court Commission ... ... . ....... .. .... Su P Other —. ....,,,,, ID Number: 41301 Firm Name: R. MARK THOMAS-ATTORNEY AT LAW Address: 101 SOUTH MARKET STREET MECHANICSBURG PA 17055-6328 Phone: 717-796-2100 ...... . Fax: 717-796-3600 Automation Fee ......... ... ... .. Email: rmarkthomasOgmail com JCS Fee .. ....... ..... .... . .. .. TOTAL ......... .. ....... ....$ DECREE OF THE REGISTER Estate of RICHARD WILLIAM CORNELL File No: a/k/a: — AND NOW, 2013 in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to --- in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Wills Form RWo? rev.IOi!/,20/1 Register of Page 2 of 2 n