Loading...
HomeMy WebLinkAbout11-05-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF C tJ)tC6��- 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 Informatiol Name: _ File No: a/k/a: (Assigned by Register) alk/a: Date of Death: Zk, Age at death: Decedent was domici a I at death in County, sra } ith his/her Just principal residence at ` tt� l )1J St reef add e o t Office and Zip Code City,Township or Borough _ Count Decedent died at �( T Street address,Post Office and Zip Code City,Township or Bar o County State Estimate of value of decedents property at death: Ifdomiefled in Pe natyl vania............................ All personal property $ If not domiciled in Pennsylvania. ... ..... . . ..... . .... .. Personal property in Pennsylvania $ If not domiciled in Penusvivania. . ... . . ... . . ...... . ..... Personal property in County $ Value of real estate in Penmytvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 0 0 Real estate in Pennsylvania situated y� (Attach uional sheets,ifnecessary.) treet 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 Executor(s)named in the last Will of the Decedent,dated and Codicil(s) thereto dated State relevant circumstances(eg,renunciation,death ofeeecutor,etc.) Exceptasfoilows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to spending 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 adopte d Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. O EXCEPTIONS Q EXCEPTIONS rl B. Petition for Grant of Letters of Administration (If applicable) at.a.,d.b.n.,d.b.n.c,t.a.,pen dente lite,durance absentia,durante minoritate If Administration,c.f.a. or d.b.n,c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. j NO EXCEPTIONS W EXCEPTIONS T Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the 16Mng spousaTfan8`431g27e its(attach additional sheets,if necessary): r•r7 -r G7 ...{ r"J 7J 'p r" r*'l rut Name Relationship AM esa-7 w� r,,,a 'er :s7 r rJl Form RW-02 rev.101112011 Page I Of 2 i i Oath of Personal Representative official Usc Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s) inted Name Petitionar(s Print d ddre s The Petitioner(s)above named swear(s)or affirm(s)the state nt in t Wtit � ion true and cor rect to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representatives)of th e de , ell and truly administer the estate accordingto law. Sworn to or�ffrrmed and bscribed b fore Date 4-� ( �1 me thi gAt`,h/` aypof Byt�O��L. Date he Regis[er pate BOND Required:AYES ©-N'6 To the Register of Wilts: FEES: Please enter my appearance by my signature below: Letters . . .... . .... . . ... ... .. . $ X Attorney Signature: ( � ) Short Certifieate(s). . . . . . ( )Renunciation(s).. . . . . . . . 7V { } Codicil(s). . . . . .. . ..... c `^' rn M { )Affidavit(s)._ . ...,.. .. - � 0 4D O Bond.. . . . .. . . . . . . . . . . . . . . . . . Printed Name: M -° Commission. . . . . . .. . . . . . . . . . . Supreme Court y,. rn rri r'it Other .. . . . .. . - to Number. }� �r _ t5 Firm Name: ( It A-(}DY2 — . . .. .. f Address: r C = C7 � i ssi . .. . .. Phone: Automation Fee. . . .. .. .. ..... . Fax: )CS Fee. . . . . . . .. . . . . . . . .. . . . I Email: TOTAL, . .. . . . . . . . . . . . . . . . . . s ((S:� . SAO \ „ DECREE OF THE REGISTER 11 `/ Estate of }m t:) nn�" i( 4p h� p r File No: r� 4 - i �j - { a aWa: .�-an 1) ) j ri h 1 $ 4- AND NOW, NJCW M Lo r S _ in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREEDI Kai Letters are hereby granted to in e at estate and(if gpiicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will(and Codieil(s))of Deeedentr. )A1;rfJr:i JD/11A, Register of ills y-i� �/?G Fa ,ew.nz 1,,,.1011112011 e 2 of 2 LAST WILL AND TESTAMENT OF JOAN M. KOHLER I, JOAN' M. KOHLER, of Shiremanstown, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all c*_her Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and ? remainder of my estate of whatever nature and wherever situate, `inciiiding any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, ROBERT A. KOHLER, II, DENNIS A. KOHLER, DEBRA A. ANDRE, and ROBIN A. KOHLER, provided that should (.py of ry C I children predecease me, I give and bequeath such Whg1d1s ;sha a unto his issue per stirpes by representation, andg)51poR d`the�.ecbe r* rn a failure of same, then to in equal shares to my u:z. �, iri� .z o a children. Cy c' o SEC OND: Should my grandson, ZACHARY R. * OXLER, cor any, \ future grandchildren not have attained the age of�twentyE�)ne4 (221) 3 years at the time for distribution to him or her; I give, devise and bequeath the share of each such grandchild to my hereinafter named Trustee or Trustees, IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for the said grandchild' s education (including college, trade school or other similar training or education) , support and welfare as my Trustee or Trustees, in their sole discretion, deem advisable. My Trustee or Trustees may make the payments for the support and maintenance of my grandchildren directly to said grandchildren or to their Guardian or Guardians . Any payments made by my Trustee or Trustees pursuant hereto shall be made without further respon- sibility to the said grandchildren, their Guardian or Guardians, or to any person taking care of my grandchildren. The Trustee or Trustees, in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to my grandchildren, shall take into consideration any income or other resources available to my grandchildren from sources outside this Trust. In addition, my hereinafter named Trustee or Trustees shall have the right, in their sole discretion, to purchase and pay for out of the principal, as well as income, such insurance policies as will provide for the grandchild' s medical care. Any income or principal not so applied shall be dis- tributed to each grandchild when he or she attains the age of twenty-one (21) years . In the event any of my grandchildren die prior to the termination of this Trust established herein for ` their benefit, the interest of said grandchild in said Trust shall cease with any income and principal being divided evenly between or among that deceased grandchild' s brothers or sisters or the separate Trusts established hereunder for their benefit and, in the absence of any brothers or sisters, or any Trust established hereunder for their benefit, to my other grandchil- ren, or the Trusts established hereunder for their benefit, in equal shares, or, in the absence of any surviving brothers or sisters or other grandchildren, to my surviving children in equal shares . THIRD: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give 2 options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it . (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode . of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise 3 any other rights which they may have under the plan, in whatever manner they consider advisable. FOURTH: I nominate and appoint my daughter, DEBRA A. ANDRE, as Trustee of the hereinabove described Trusts . In the event of the death, resignation or inability to serve for any reason whatsoever of the said DEBRA A. ANDRE, I nominate and appoint my son, DENNIS A. KOHLER, as Trustee of the hereinabove described Trusts . I direct that my Trustee or Trustees shall serve without bond and shall receive fair and reasonable compen- sation. FIFTH: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SIXTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any eneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. SEVENTH: I nominate and appoint my daughter, DEBRA A. ANDRE, Executrix of this, my Last Will and Testament . In the event of the death, resignation or inability to serve for any reason whatsoever of the said DEBRA A. ANDRE, I nominate and appoint my son, ROBERT A. KOHLER, II, Executor of this, my Last Will and Testament . I direct that my Executrix or Executor, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this J7 .t,Cday of 2006 . ��jj,���� f/ fw, ^ (SEAL) J6164 M. KOHLER Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses . Address ( ) Address 5 t RECORDED OFFICE OF OATH OF SUBSCRIBING WITNESS(� �)R OF WILLS ?Qi3 NOU � �f7 � `�6 REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLW ERK OF Rn NS' COURT 'CUMB-ERLAND CO., PA Estate of JOAN M. KOHLER Deceased Jennifer B.Hipp and Beth B.Lengel (each) a subscribing witness to (Print Names) the 0 Will 0 Codicil(s)presented herewith, (each) being duly qualified according to law, depose(s)and say(s)that she/he/they was l were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her/his presence and in the presence of each other. r 1jp}�J (Sign ur (Stgnatnre) One West ain Street One West Main Street (Street Address) (Street Address) Shiremanstown,PA 17011 Shiremanstown,PA 17011 (City,Stare,77p) (Cto,State,1lp) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this I Ci -' day of of D4 bh,p—r' 7 �aOt3 Deputy for Register of Wills Notary Public C C l/ My Commission Expires: F-3-a017 (Signature and Seat of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarizntion. Form RIR03 rev. 10.13.06 NOTARIAL SEAL. DANE MONTGOMER'(NOTARY PUBLIC . . SHIREMANSTOYIN BOROUGH.CUMBERLAND COUNTY ` MY COMMISSION EXPIRES AUGUST 3,2Ot1