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HomeMy WebLinkAbout12-13-05 Will PETITION FOR PROBATE and GRANT OF LE~TER~ 33 Estateo! JackCarter No. ~1-o5-D ...., a1fp ~~Pl"~ Uf To: ROt f WOII ~ th egis er 0 I S .or e County of Cumberland in the Commonwealth of P A Social Security No. 568-34-1726 The petition of the undersIgned respectfully represents that: Your petitioner</} is/.a.z:.e. 18 years of ag,e or older aJld the execut or named in the last will of the above decedent, dated September 2~. ~7aA'2i gggisil(s) elates , Deceased. ('\lalC: relevanl CirCUmstances, e g rel'.unclallon, death of cxecUlor, C'te ) Decedent was domiciled at death in CumberlamCounty, Pennsylvania, with h..lL last family or prin- cipal residence at 1428 Apple Drive - Apartment 198 Mp{"h~ni{"~hllrp', PA 17055 (hs' srl"C'ct, nU'11ber and mUnicIpality) Decedent, then 76 years of age, died April 8. 2005 at Holy Spirit Hospital, East Pennsboro Township. Camp Hill. P A Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated in- competent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 99.000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: N/A WHEREFORE, petitioner(/! respectfully request(s) the probate of the last will aRel seElieil(s) presented herewith and the grant of letters Testamentary thereon. ~ Dion Anthony Carter. . """m.."". ( ~ ~3 1207 Apple Drive ~~~ ~ ~ ~ Mechanicsburg, P A 17055 ",,:: ..= 3~ ....... ~ 0 ~ '" OJ) <Ii r"',...) c:::"'_") o -~~--,..:-'; ..: ..---... '''::.fl r"'J r--rJ r-. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } 55 COUNTY OF Cumberland , - - The petitioner(11 above-named swear(s) or affirm(s) that :he statem~~ts in the foregc;Hig petition are'-:' true and correct (0 the best of the knowledge and belIef of petltlOnerl}1 and that as pel=SDnal - representativeOO of the above decedent petitioner(11 will well and truly ad,minister the estate accordiHg to law. ~' ~ Sworn to or affirmed and subscribed ~. t. .,i.~.{!L- u.~ before me this ~h day of M.'. . ~ ~::::!f1 ~ Fo the ster (,.,,) ::r->u C/l no ::> III ~ S 'II' I~, to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Ll(,t1 R..:-gistrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. 56.00 ,...'~ " ~ I.,...,!J __ No. tkn-/?;~ Local Registrar APR 0 9 2005 w r- eo 3 Rev. 2/61 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FilE NUMBER SOCIAL SECURITV NUMBER DATE OF DEATH (Month G<.lY Ye'ir) NAME OF DECEDENT (FirS! M,dC.\e. Last) 1. .~ BIRTHPLACE (Clly and Stale or foreign CO'JntfY~ PLACE OF DEATH (Check only one ..- see InslrucLons on other side) HOSPITAL Stockton, CA Inpalien'l:i!'J ERlOulpatient 0 7. h. FACILITY NAME (If nol inslllullon, gllJe street and number) DOAo g'~,ty) 0 SEX 2. male AGE (Las! Birthday) UNDER 1 VEAR Months Days DATE OF B'RTH (Monlll. Day. Yeaq May 22,1928 6. CITV. BORO. TWP OF DEATH 5. 76 COUNTY OF DEATH Vr. Cumberland E. pennsboro Twp. Ie. lb. WAS DECEDENT EVER IN US. ARMED FORCES? Ve. 00 No 0 DECEDENTS USUAL OCCUMION (Give kind of.work done duri~ most 01 wo,luog lite; do nui u:ia (elllad.) Pennsylvania 3. 568 34 1726 .. April 8, 2005 RACE - AmeriCan llldian, Black, White, ele (Spec,fy) 10. white SURVIVING SPOUSE (II wIle give maiden nam'3l MARITAL STJITUS. Married Never Marlied, Wldowed, Divorced (SpecIfy) 14. divorced \70.00 V...<'ecede",'vedin E. Pennsboro Tw-P. Iwp 17b, Coul1ly Did decedent liveina Cumberland township? 17d,D ~~h:::'~=7~i:~:of MOTHER'S NAME IF IrS!, Mlt1d1e. Maiden Surname) Evel n Nicole Holmes City/bolo 46 Erford Road It. Camp Hill,PA 17011 FATHER'S NAME (Firsl, MIddle, Last) 18 Jack Carter INFORMANT'S NAME (Type/Print) 200. Dion A. Carter METHOD OF DISPOSITION Burial 0 Cremation 00 Removal bom State 0 Other (Specify' 17a. Slate Con-O-Lite Crematory Schaefferstown, PA 17088 210. 21d. NAME AND ADDRESS OF FACILlTYparthemore H & . S, Inc. 22C.P.O. Box 431 New Cumberland, PA 17070-0431 LICENSE NUMBER DATE SIGNED (Monlh, Day, Year) o 2005 LICENSE NUMBER 22b. FD 013 340 L To Ihe basi of my knowledge, death occurred al the time. date and place staled (Signature and Tlllel 230. '. . hom. 24-26 m... bo oompleled by TIME OF DEATH ;;g potoon who pronounce. dea," 24. 2 L1, 'S"' A M 25 ::J 27, PART I: E.nler the diseases, injuries or complications which caused the death. Do nol enter the mode of dying, such as cardiac or respiralory arrest, shock or hear1 failure LlSt onty one cause 00 each Ii.oe - l....eDIATE CAUSE (Fmal disease 01 cooci((ion r&suning in dealh)-'" -:-.. ..! .. ~ Sequentiatly list COIldttions .!!~~~~J~~=~ -B ~:~~:a~~S::I~ InlUry _~ resu.llog 10 death) LAST \-.oIL~e I : DUE m (OR AS A CONSEOUE NCE OF) 1- WAS AN AUTOPSY ~PERFOAMED? ... .. ~ WERE AUTOPSV FINDINGS AVAILABLE PRIOR m COMPLETION OF CAUSE OF DEATH? MANNER OF DEATH DATE OF INJURY (MClnlh, Dny YecH) ~ o o NOD 26. I Approximate : interval between I onset and deSlth t I I Other signifk:ant conditlona contributing to death, but 001 resUlting in the underlying cause given in PART I TIME OF JNJURY INJURV AT WORK? DESCRIBE HOW INJURV OCCURRED Pending Investigation o [J o ~~~'CE OF INJURY. At hOme, farn~~:';eel, factory, office tuilding, etc, (Sp~:lly) 30e. Ve. D NoD M. 3Oc:. Natural Homicide Accident No ~ Suicide Ve, 0 Ves 0 Could not be determined No 29. - e I ~ 2... 28b. CERTIFIER (Check only <JOe) .CERTIFYING PHYSICIAN. (phYSiCian certlt'flf\9 cause 01 dealh when 3nOlhel pl~ysiclan has. pronounced death anli cClrnplut&d !lefll 2J) To the beat o. my knowtedge, death occurred due to the caua.(a) and manner.. stated. . . . . . . . . . . . . . .. ........... .,.. .PRONOUNCINQ AND CERTIFYINQ PHYSICIAN (PhYSICian bOlh pwnounClng dealtl and cerlllYlng lp cause 0' dE-dil,) To the bea. of my knowledge, duth occurred at the lime, d.te, and place, .nd due to the uuse(a).nd manner as ,.tat.o., . , . . . . . . 'MEDICAL EXAMINER/CORONER On the baats of ..amlnatlon andlor Inveatlgatlon,ln my opinion, deuth occurred 8t Ihe time, date, and place. and due 10 the cause(s) and manner s. s.ated.. .,...........,......,...........,.,.............,.......,..,..".............,......,',......... 31.. REGISTRARS SIGNATURE AND NUMBER 33. am~/J;~ I~/IZ.I/I/I o 34 Z~(JS'" LAw OFFICES BALL, MURREN & CONNELL 2303 MARKET STREET CAMP HILL. PENNSYLVANIA 17011 PHILIP J. MURREN RICHARD E. CONNELL MAURA K. QUINLAN TERESA R. MCCORMACK THOMAS A. CAPPER (717) 232-8731 FACSIMILE (717) 232-2142 WILLIAM BENTLEY BALL (1916-1999) MAILING ADDRESS: P.O. BOX IIOB HARRISBURG. PENNSYLVANIA 17108-1108 HAND DELIVERED December 13,2005 Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PAl 7013 RE: Estate of Jack Carter (deceased) Date of Death: 4-8-05 Our File No. 2728 Dear Ms. Strasbaugh: Enclosed for filing in connection with the referenced Estate please find the Petition for Grant of Letters, the original Will (plus one copy), the Estate Information Sheet, a Death Certificate and a check for $264.00 representing the probate fee in connection with this Estate. We will need 6 short certificates. Attached are additional copies of the Petition and Estate Information Sheet which I ask you to date-stamp for our file. Please forward the short certificates to me, in the self-addressed, stamped envelope which has been provided. Should you have any questions, please call. Richard E. Connell REC/hmp Enclosures cc: Mr. Dion A. Carter (w/out enclosures) ~asl .ill nub <U~~famrnf ~f JACK CARTER 1, JACK CARTER, a resident of the County of San Joaquin, State of California, declare this to be my Last Will and Testo.ment as follows: FIRST: I hereby revoke all former Wills and Codicils to Wills by me made. SECOND: I declare that I am, divorced. I have one (1) adult son by a prior marriage, namely, DION ANTHONY CARTER. I furtber declare that I have no other children, either living or deceased leaving issue. THIRD: I hereby give, devise and bequeath all of my estate, both real and personal, and wheresoever situate to my son, DION ANTHONY CARTER, provided that if my son shall predecease me, my estate shall be distributed to his issue by right of representation. If any beneficiary under this Will is under the age of twenty-five (25) years at the time of my death, said beneficiary's interest in my e3tate shall be retained in trust, administered and distributed as follows: A. Until said beneficiary attains age twenty-five (25) years, the Trustee shall pay to him or her all of the income of the trust and as much of the principal as the trustee, in the trustee's sole discretion, shall deem necessary for said beneficiary's educational expenses, provided that said beneficiary is currently enrolled in a college, university, vocational, or other post-secondary educationcd facility. -1- (...) er, '" B. Upon said beneficiary attaining the age of twenty-five (25) years, his or her share of the principal of the trust estate and any undistributed income attributable to that portion shall be distributed to such beneficiary outright. C. If any beneficiary dies prior to receiving his or her share of the trust estate, upon his or her death the principal and any accrued or undistributed income shall be distributed to such beneficiary's then-living descendants by right of representation and if none, to the survivor( s) of my grandchildren, or to their issue by right of representation. FOURTH: Except as otherwise provided in this Will, I have intentionally and with full knowledge omitted to provide for my heirs. If any person who, if I died intestate, would be entitled to any part of my estate, shall either directly or indirectly, alone or in conjunction with any other person, claim in spite of my Will an intestate share of my estate, I give that person One Dollar ($1. 00), and no more, in lieu of any other share or interest in my estate. If any beneficiary under this Will in any manner, directly or indirectly, contests this Will or any of its provisions in any legal proceeding that is designed to thwart my wishes as expressed in this Will, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue. FIFTH: I nominate and appoint my daughtE:r-in-Iaw, FRANCINE CARTER as Trustee of any trust created herein. In order to carry out the purposes of this Will and any trusts created hereunder, I give to such fiduciary the following powers: -2- The Trustee shall have the full power to sell, borrow, encumber, convey, exchange, invest, reinvest, partition, divide, improve, and repair the property constituting the trust estate from time to time. The Trustee shall also have all powers now or hereafter conferred on the Trustee by California law. The enumeration of certain powers in this instrument shall not limit the Trustee's powers. The Trustee shall have all the rights, powers, and privileges that an absolute owner of the same property would have, subject to the Trustee's fiduciary obligations and to any limitations stated elsewhere in this instrument. SIXTH: I nominate and appoint my son, DION ANTHONY CARTER, to act as Executor of this my Last Will and Testament. Ifmy son, DION ANTHONY CARTER, is deceased or unable to act, I nominate my daughter-in-law, FRANCINE CARTER, to act as Executor. I request that no bond be required of any Executor named herein. I give to my Executor full power of sale and lease. SEVENTH: If any provision of my will is unenforceable, the remaining provisions shall remain in full effect. IN WITNESS \VHEREOF, I have hereunto set my hand this 25th day of September, 1997 at Stockton, California. -'j ~...... \ , . I~' ~ / -c--l. ~ CK CARTER The foregoing instrument, consisting of four (4) pages, including this page, was at the date hereof, by JACK CARTER signed as and declared to be his Last Will, in the presence of us, who, at his request and in his presence, and in the presence of each other, -3- have subscribed our names as witnesses thereto. Each of us observed the signing of this Will by JACK CARTER and by each other subscribing witness and know that each signature is the true signature of the person whose name was signed. Each of us is now more than twenty-one (21) year of age and a competent witness and resides at the address set forth after his name. We are acquamted with JACK CARTER. At this time he is over the age of eighteen (18) years, and to the best of our knowledge, he is of sound mind and is not acting under duress, menace, fraud, misrepresentation or undue influence. We declare under penalty of perjury that the foregoing is true and correct. EXECUTED on September 25, 1997, at Stockton, California. ~. . ~7/J"/,,.// ..~. ~.- t..r~ SHARI L. ALLEN Residing at 3232 Shoreline Court Stockton California /~ tiLt~; ii~~~UA ) Residing at 1021 South School Street Lodi California -4-