HomeMy WebLinkAbout03-09-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of KATHERINE S. DEAKIN No. 'J-OO{p - 0 207
also known as To:
Register of Wills for the
, Deceased. County of CUMBERLAND in the
Social Security No. 164-01-6066 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut ORS named
in the last will of the above decedent, dated AUGUST 31. 1994
and codicil(s) dated
s~""" p....,oOlA-~")oo. .~
(state relevant rcumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in TWP CUMBERLAND County, Pennsylvania, with
h ER last family or principal residence at 4 MOOR CIRCLE. CARLISLE. TOWNSHIP
CUMBERLAND COUNTY. PENNSYLVANIA
(list street, number and municipality)
Decedent, then 89 years of age, died 3/5/2006
at c.ueX\j \ e.. C U l'"'-(,\,. C ",,"'n.. .
,
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
incompetent: NONE
Decedent ac death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(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:
$
$
$
$
485.400.00
0.00
0.00
0.00
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters TESTAMENTARY
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
"
6228 LOCKWOOD DRIVE
WINDSOR CA 95492
80 KING DRIVE
CARLISLE PA 17013
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DAIVD RICHA.8.PR.D. D D~A AKKII~N
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WAYN~LEN DEAKIN
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA} s
COUNTY OF CUMBERLAND s
The petitioner(s) above-named swear(s) or affirm(s) that 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 represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed lj.~. Ad SUbscrib. ed {~ " c.O i2- D P4- ~ ~
before me this qth day of '\ ~~\ ~ <:\ ~
.~ ) ^-I)O&
.JrU1~ '1'~A -<tI!t1Ld1z~
~ '1Y~UA.t~ ~ Register
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Estate of KATHERINE S. DEAKIN
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
-1/1 /1 /) ^ ~ //1 q -I hi 200 b
AND NOW r v V(.{./V(.A'L; , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 8/31/1994
described therein be admitted to probate and filed of record as the last will of KATHERINE S. DEAKIN
and Letters TESTAMENTARY
are hereby granted to
DAVID RICHARD DEAKIN, CO-EXECUTOR
WAYNE ALLEN DEAKIN, CO-EXECUTOR
FEES
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. RegisterofW~ ,'V"Jd{ulU<-j{f:i~
DA~~, ESQUIRE
#39785
410, {)O
Probate, Letters, Etc.. . . . . . . . $
z.4.00
Short Certificates ( (p ) . . . . . . $
i)./ /I J 5, Of)
R.entl~6iatioh. . . . . . . . . . . . $
S 00
aUlD tf.- "Tep $ I .
TOTAL _ $ "I-l7L/.oo
Filed .~ . C( .+~ I. :?-q ~0 . . . . . . .
ATTORNEY (Sup. Ct. J.D. No.)
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
ADDRESS
717-774-7435
PHONE
7"',
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HI05.~()5 REV 1/05
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. 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.
No.
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Fee for this certificate, $6.00
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MAR 0 ~ 2006
Date
',..1:)
c,!
N
,Rev. 01106
~RINT IN
IANENT
CKINK
1 Name of Decedenl (First. middle, last)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
3. Social Security Nuntler 4. Date 01 Death (Month, day, year)
Katherine S. Deakin
164
01
March 5, 2006
Yrs
7. Dale of Birth Month, da , ear
5. Age (last birthday)
Cumberland
Carlisle
Cumberland Crossings
Other:
o ERIOut tient 0 DOA XI Nursin Home
9. Was Decedent of Hispanic Origin?
X:l No 0 Yes (If yes, specify Cuben,
Mexican, Puerto Rican, etc.)
o Residence 0 Other. 5 ci :
10. Race: American Indian, Black, White, etc.
( Specify)
White
89
4-12-1916
o Yes EI No
Decedenl's
Actual Residence 17a. State
13. Decedenl's Education ecl on h' hast rade co Ieted
BemenlarylSecondary (0-12) College (1-4 or 5+)
12
PA
2
14. Marital Status' Married, Never married, 15. Surviving Spouse (if wife, give maiden name)
Widowed, Divorced (Specify)
Widowed
~~e~~edent Hc. ~Yes, Decedent Lived in ~ i 1 vpr ~rri ng
Township?
Twp.
17b. County Cumberland
17d. 0 No, Decedent lived w~hin
Actual Limits of
CitylBoro
18 Fathers Name (First middle,last)
19. Mother's Name (First middle, maiden surname)
George Harry Smith
Katherine Drumtra
lOa. Informant's Name (Type/print)
lOb. Informanl's Mailing Address (Street. cityl1own, state, zip coda)
Mr. Wayne Deakin
80 King Drive, Carlisle, PA 17013
21b. Dale of Dispos~ion (Month. day, year)
21C. Place of Disposttion (Name of cemelery, crematory or other place)
21d. Location (Cityl1own, slate, zip code)
22b. License NurTber
FD 138312
Cremation Society of PA arrisburg, PA 17109
22c. Name and Address of FacilityAuer Memorial Home & Cremation Services Inc
4100 Jonestown Road, Harrisbur PA 17109
23b. License Nuntler 23c. Date Signed (Month, day, year)
L
26. Was Case Referred to a Medical ExamineriCoroner?
~
25. Date Pronounced Dead (Month, day, year)
rYlOAl'h 5 I 2DOv
CAUSE OF DEATH (See instructions and examples) : Approximate interval:
<<em 27. Part I: Enter the ~ - diseases, injuries, or COfr\)lications -that directly caused the death. DO NOT enter terminal events such as cardiac arrest, : onset to death
respiratory arrest, or ventricular fibrillation wtthout showing Ihe etiology. DO NOT abbreviate. Enter only one cause on a line,
IMMEDIATE CAUSE {Final disease or (. , . -r;.. f) n J .1
cond~ionresultingindeath) -7 a. __~~" ..,~~~ /'~f'4.cP'\
Due to (or as a consequence oij'
24. Time of Death
Yes 0 No
Part II: Enter other sionificant condttions contributino to death,
but not resulting in the underlying cause given in Part I.
28, Did Tobacco Use Contribute 10 Death?
g ~~s ~n
Due to (or as a consequence oij:
(J~ GVA) ]fJ..d.~
I}~ M- "II/' I
/]Jy C-~
29. If Female:
o Not pregnant within past year
o Pregnant at lime 01 dealh
o Not pregnant, but pregnant wtthin 42 days
of death
o Not pregnant, but pregnant 43 days to 1 year
before death
o Unknown if pregnant wtthin the past year
32c. Place of Injury: Home, Farm. Street, Factory, Office
Building, ale. (Specify)
Sequentially 11s1 cond~ions, if any,
;. leading to the cause listed on Line a.
Enter the UNDERL VlNG CAUSE
. (disease or injury that in~ialed the
events resuning in death) LAST
b.
Due to (or as a consequence oij'
30a Was an Autopsy
Performed?
d.
3Ob. Were Autopsy Findings
Available Prior 10 Cofr4lletion
of Cause 01 Death?
o Yes ~o
31. Manne eath
Nalural 0 Homicide
o Accident 0 Pending Investigation
o Suicide 0 Could Nol Be Determined
32a. Date of Injury (Month, day, year)
32d. Time of Injury
32b. Describe how Injury Occurred:
DYes
32g. localion (Street cityl1own, slate)
338. Certifier (checlt only one)
. CertIfying physician (Physician certifying cause of dealh.when another physician has pronounced death and completed lIem 23)
To the best of my knowledge, death occurred due to the cause(s) and manner as slated ......................................................,.......................................................,...........,..,.,0
. Pronouncing and certifying physician (Physician both pronouncing death and certifying to cause 01 death)
To the best of my knowledge, dealh occurred at the time, date, and place, and due to the cause(s) and manner as Slated..............................................,........................O
. Medical examlnerlcoroner
On the basis of examination and/or Investigation, In my opinion, death occurred at the time, dale, and place, and due to the cause(s) and manner as slated .........0
35 Reglsuar's Signature and Dislric\ Number
33d. Dale Signed (Monlh, day, year)
1-<1/ I ~ /1 "\
(See instructions and examples on reverse)
WILL
I, KATHERINE S. DEAKIN, of Abington Township, County of
Montgomery, Commonwealth of Pennsylvania, hereby declare this to
be my Last Will, revoking all prior wills.
PAYMENT OF FUNERAL EXPENSES AND DEBTS
FIRST: I direct that my debts and the expenses of my last
illness, funeral and burial be paid out of my estate as soon after
my decease as may be convenie~t.
DISTRIBUTION OF PERSONAL EFFECTS
SECOND: All my furniture, books, pictures, jewelry, silver-
ware, automobiles and accessories, clothing and other articles of
personal and household use, together with all policies of insurance
relating thereto, I give to DAVID RICHARD DEAKIN and WAYNE ALLEN
DEAKIN as may then be living to be divided between them as they
agree.
DISTRIBUTION OF RESIDUE
THIRD: All the rest, residue, and remainder of my estate of
whatever nature, and wherever situate, I give to my sons DAVID
RICHARD DEAKIN and WAYNE ALLEN DEAKIN as may then be living, in
equal shares. Should David be deceased, his sh~re shall pass to
his wife, KATHY VANNOZZI DEAKIN. Should Wayne be deceased, his
share shall pass to his wife, SUSAN B. DEAKIN.
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APPOINTMENT OF PERSONAL REPRESENTATIVE
FOURTH:
I appoint my sons DAVID RICHARD DEAKIN and WAYNE
ALLEN DEAKIN, as Co-Executors of this my will.
WAIVER OF BOND
FIFTH:
No personal representative or guardian shall be
required to file a bond in any jurisdiction and if bond is
nevertheless required, it shall be without surety.
POWERS OF EXECUTOR
SIXTH: I direct that my personal representative and guardian,
in addition to and not in limitation of any authority given by law,
shall have these powers, to wit:
A. For any purpose of administration or distribu-
tion, and at any time, to sell at public or
private sale, any or all, of my real estate for
such price, or prices, and upon such terms and
conditions, as may be deemed best;
B. To retain all stocks, bonds and investments
owned by me, and to invest, and reinvest in
other stocks, bonds and investments, without
being confined to what are known as "legal
investments II , and to sell or transfer the same,
either in person or by attorney;
C. To borrow money and to pledge my stocks, bonds
or other personal property of my estate as
security therefor;
D. To exercise any option to subscribe for stocks,
bonds, or other investments, and to join in any
plan of lease, mortgage, consolidation,
exchange, reorganization or foreclosure of any
corporation in which the estate may hold
stocks, bonds, or other investments;
2
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E. To compromise claims;
F. To distribute in cash or kind, or partly in both.
INCAPACITATED BENEFICIARIES
SEVENTH: In order to avoid Court proceedings for the appoint-
ment of Guardians for beneficiaries during disability or minority,
if there is no surviving parent, I direct that if any person who
is, in the Executor's opinion, disabled by advanced age, illness
or other cause becomes entitled to any income or principal here-
under, it shall be held and invested by my personal representative
wi th all the discretion and powers hereunder, and my personal
representative shall expend as much of such income or principal or
both as they may from time to time think desirable for the welfare,
comfort, support and education of the beneficiary and the balance
shall be paid to the minor at majority or to the disabled person
when he or she, in the Executor's opinion, becomes free of dis-
ability. Notwithstanding the above, any share passing to a child
shall be held, during the minority of said child, by the parent of
each child as guardian of said estate.
SPENDTHRIFT CLAUSE
EIGHTH: The interest of the beneficiaries hereunder shall
not be subject to anticipation or to voluntary or involuntary
alienation.
3
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PAYMENT OF DEATH TAXES
NINTH:
All federal, state and other death taxes payable,
because of my death, with respect to the property forming my gross
estate for tax purposes, whether or not it passes under this Will,
shall be paid out of the residue of my estate as an expense of the
administration thereof, without proration or apportionment. My
Executor shall have the authority to pay taxes on present or future
interests at such time or times as the Executor deems best.
IN WITNESS WHEREOF, I have subscribed my name this 7/ day
of ~ ' One Thousand Nine Hundred and Ninety-Four (1994).
i:I~~w ~M-)
KATHERINE S. DEAKIN
SIGNED, SEALED, PUBLISHED and DECLARED by the above-named
Testatrix as and for her last Will, in the presence of us, who at
her request, in her presence, and in the presence of each other,
all being present at the
wit
NAME
same time, have subscribed our names as
108-;1/ ~r:u w~~, ~
ADDRESS
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ADDRESS
NAME
4
OATH OF NON-SUBSCRIBING WITNESS
DAVID RICHARD DEAKIN and WAYNE ALLEN DEAKIN
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that THEY ARE
familiar with the signature of KATHERINE S. DEAKIN
codicil
subscribing witnesses to) the will presented herewith and that THEY
codicil
will is in the handwriting of TESTATRIX to the best of THEIR
, testat .B!L of (one of the
believes the signature on the
knowledge and belief.
Sworn to or affirmed and sub- .J::4..l. \ Id /2-0 ~CA (. ~ ~
q'l-h (Name)
scribed before me this ' day of DAVID RICHARD DEAKIN
'-'1/1 A ..... J A 1 a. i it; 6228 LOCKWOOD DRIVE, WINDSOR
r v l.-AA/''UCl;. (, 0 (Address)
,~ --1dA./U?/J. .4IJiOA-hutjL V>~ <<-CJ-~
~ ~<< For the Register (Name)
~L6u WAYNE ALLEN DEAKIN
- ~r -- -tf 80 KING DRIVE, CARLISLE
(Address)
CA 95492
PA 17013
20