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HomeMy WebLinkAbout02-20-14 Reset 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: Mildred L.Cantrell File No:,J I - 11'I — I'I I a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: January 20,2014 Age at death: 81 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 277 Deitch Lane,Mechanicsbure,PA 17050 Silver Snrine Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 277 Deitch Lane,Mechanicsbure,PA 17050 Silver Snrine Township Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania.. ......... ............ ..... All personal property $ 40,000.00 Ifnot domiciled in Pe nnsylvania. . ... ............ ..... .. Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania. . .... ........... ...... . Personal property in County $ Value of real estate in Pennsyl vania... .......... ... ........ .......... ...... ........... ..... . $ TOTAL ESTIMATED VALUE. ... $ 40.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) 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 Executor(s)named in the last Will of the Decedent,dated December 29,2001 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)of fered 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. Q NO EXCEPTIONS 0 EXCEPTIONS © B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durance absentia,durante minoritate If Administration,c.t.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. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(attach additional sheets,ifnecessary): Name Relationship Address C-3 ^- yC) i\) C • e; Form RW-01 rev.1011112011 c- Page Rf 2 Oath of Personal Representative Official Use only {F( npllF(1 (�-Clr^C OF COMMONWEALTH OF PENNSYLVANIA } } SS: }`i COUNTY OF CUMBERLAND } r a•.v Petitioner(s)Printed Name Petitioner(s)Printed Address Paul Stephen Cantrell 29 Foxanna Drive Carlisle PA 17015 r CUMBERLAND Co. PA The Petitioner(s)above-named swear(s)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 t Pe oner(s)w well and truly administer the estate accord' g to 1 W. Sworn to or affirmed and subscribed before �sff//// ire Date 2 t ! meth' day of�u Q -may Date By: p-C ( D Date For the Register Date BOND Required: O YES Q NO To the Register of Wills: FEES: (y Please enter my appearance by my signature below: Letters. . . . .. . . . . . . . . . . . . . . . . $ -1 O Attorney Signature: ( 3 ) Short Certificate(s). . . . . . L� ( )Renu Codicil(s). . . . . . . . . . . . . 0 • ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Craig A. Diehl,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . , ID Number: 52801 .. . . . . . . . 1 5 Firm Name: Law Offices of Craig A.Diehl (P�tS(Yl . . . . . . . . K Address: 3464 Trundle Road • Camp Hill PA 17011 . . . . . Phone: (717)763-7613 Automation Fee. . . . . . . . . . 4 . . Fax: (717)763-8293 JCS Fee. . . . . . . . . . . . . . . . . . . . . 2„2�1 60 Email: ediehl Uyleadiehllaw enm TOTAL. . . . . . . . . . . . . . . . . . . . . $I"75( i� DECREE OF THE REGISTER Estate of Mildred L.Cantrell File No: 4 I - I Li — 19 G a/kla: AND NOW, , in consideration of the foregoin Petition, satisfactory proof having been p ented before me, IT IS DECREED that Letters are hereby granted to h-h/P 11 4 n the above estate and(if ap cable)that the instrument(s) dated 1,2 00 described in the Petition be a mitted to probate and filed of record as the Last Will (and Codicil(s)) of Decedent. egister of Wills �� Form RW-01 rev. 1011112011 �C�P - Page 2 of 2 r rECOROM (h'crE LAST WILL AND TESTAMENT OF MILDRED L. CANTRELL IDENTITYt li.SuC ii M, PA I, Mildred L. Cantrell, residing in the County of Lebanon, Commonwealth of Pennsylvania,being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be nay Last Will and Testament, and I do hereby revoke all other and former Wills and Codicils to Wills heretofore made by me. All reference made herein to "spouse" or to "my spouse" refers to the person to whom I am currently married, namely, Paul E. Cantrell. My children are Paul S. Cantrell and Lori E. Deitch. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to my Living Trust as a result of the "ASSIGNMENT OF FURNITURE, FURNISHINGS AND PERSONAL EFFECTS." If there is any question regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Living Trust in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me, which is known as "The Cantrell Family Trust,dated > ,_ ;? F -,20_Q(_,Paul E. Cantrell and Mildred L. Cantrell,Trustors and/or Trustees." The Trustee shall add the property bequeathed and devised by this Item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described hereinabove,to be held, managed, invested, reinvested and distributed by the Trustee upon the terms, trusts and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. Cantrell Cast Will and Testament ©Copyright The Estate Plano 2001 All Rights Reserved. Page t PRIVACY OF TRUST No Clerk of Court, Commissioner of Accounts, or other party (except my Executor, Personal Representative, or other Fiduciary of my Estate, and a Beneficiary of my Estate or Guardian or Fiduciary of such Beneficiary), dealing with a Trustee in relation to The Cantrell Family Trust, dated a&AW f, Zf, 20-0(—, Paul E. Cantrell and Mildred L. Cantrell, Trustors and/or Trustees, will be obligated or privileged to see that the terms of the Trust have been complied with, to inquire into the authority, necessity or expediency of any act of a Trustee, or to inquire into any of the terms of the Trust, except when permitted by the Trustee. EXECUTOR I hereby nominate and appoint Paul E. Cantrell, as Executor of this my Last Will and Testament to serve without bond. In the event the first named Executor shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever,then and in that event I hereby nominate and appoint Paul S. Cantrell to serve without bond as Executor(Co-Executors if more than one person). In the event the second named Executor shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in that event I hereby nominate and appoint Lori E. Deitch to serve without bond as Executor(Co-Executors if more than one person). When more than one person is named with others to act as Co-Executors and one of the named persons is unable or unwilling for any reason to serve or to continue to serve, and no additional persons are named herein to take the place of such declining or retiring Executor,I hereby direct that the remaining named Co-Executor(s) shall continue to serve as Co-Executors (or if one only remains,Executor)hereof without the approval of any court. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights,powers and duties, authority and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property,real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect,compromise claims,contract with respect to,continue any business of mine,convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of Cantrell Last Will and Testament ©Copyright The Estate Plane 2001 All Rights Reserved. Page 2 mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind or partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others. In determining the federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deductions and shall have the discretion to file a joint income tax return with my spouse. GLOSSARY OF TERMS For the purposes of this my Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms 'living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein, and I have also intentionally omitted any and all persons and entities from this, my Last Will and Testament, who are not persons or entities specifically named in The Cantrell Family Trust, dated Df?dlNbeDL 1r9 20yL. It is my intention that any and all persons and entities, whether or not named in this Will or said Trust, shall have an interest in my estate and property, including the said Trust, if and only to the extent that I have provided for them in this Will and in the said Trust. If any person or entity shall challenge this Will or any term or condition hereof, or of the Living Trust to which I have herein made reference, or any term or condition thereof, then, to that person or entity 1 give and bequeath the sum of one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my general and Probate Estate or the Living Trust and its Estate. Cantndl Last Will and Testanxnt copyright The rsmte Plan 2001 All Rights Resemed. Page 3 I specifically disinherit any person or persons claiming an interest in my estate through this, my Last Will and Testament, or through the previously named Trust, as my child, the issue of my body, who are born more than nine and one-half months after my death. SIMULTANEOUS DEATH If my spouse should not survive me, but I die within sixty (60) days of my spouse's demise, then it shall be conclusively presumed for the purposes of this my Will that I predeceased my spouse. If any other beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. NO CONTRACTUAL AGREEMENT NOT TO REVOKE Although at approximately the same time my husband and I are executing wills and a living trust containing provisions which are substantially the same, this shall not be interpreted as an agreement by either of us not to amend or revoke our wills or living trust without the consent of the other. IN WITNESS WHEREOF, I have hereunto set my hand and declared this to be my Last Will and Testament this day of Ol�i 20 . Mildred L. Cantrell SIGNED, SEALED,PUBLISHED and DECLARED by the above testator as and for her last will, in the presence of us, who thereupon at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses: U Witness Witness Pennsylvania dN� Pennsylvania Cammll Ivst Will and Testament ©Copyright The Estate Plan 2001 All Rights Reserved. Page 4 SELF-PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF LEBANON ) We Mildred L. Cantrell, f t and MAP A r1*01W the Testatrix and the witnesses, respecti ely, whose names are signed to the foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the will as witness and that to the best of each witness's knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Mildred L. Cantrell — C" e e Witness I Witness SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, by Mildred L. Cantrell, the Testatrix, and subscribed and sworn to before me by /Sq fi• i/1/& and witnesses, this 9 " day of �Mffl , 20-&L. Notarial Seal Nicholas G.Soullotis,No Public Montgomery Up.,Montgomery County My commission Expires Nov.18, [ar nbhC 0 Member,Pann"anis Association of N6wes �O`'s,,�' . My commission expires z Cantrell List will and Testament ©Copyright The Estate Plan©2001 All Rights Reserved. Page 5 CERTIFICATE OF ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF LEBANON ) On this y�7day of &/?,MM 20-0j before mc,A114 6W Cr- Y6VWPn5 (here insert name of notary) a Notary Public, personally appeared Mildred L. Cantrell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. Notarial Seal Nicholas G.Souliotis,Notary Public Montgomery Up.,Montgomery County My Commission Expires Nov.16,2002 Member,Penn"anla Association of Notaltes Signature- (Seal) My commission expir L ` Cantrell Last Will and Testantent ©Copyright The Esiatc Plan©2001 All Rights Reserved. Pagc 6