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HomeMy WebLinkAbout01-25-07 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Judith A. McClure also known as No. 21-07- 8'5- , Deceased Social Security No. 161-34-4493 Christopher T. McClure and Allison M. Lesher Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 03/22/2005 and codicils dated named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: o B. Grant of Letters of Administration (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and~rs: (=2 2;; ~ , -..I Name Relationship Residence u ; l . ~ - ,..., (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 5020 Kylock Road, Mechanicsburg, Lower Allen Twp, Cumberland Co. (list street, number, and municipality) Decedent, then 64 years of age, died 01/07/2007 at 5020 Kylock Road, Mechanicsburg, Lower Allen Twp., Cumberland Co. (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania $ $ $ $ S<50, 000 .00 . 5020 Kyloc" Road, Mechanicsburg, Lower Allen Twp., Cumberland Co. 35,000.00 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: I ~ignature ~ --T'r-a- Typed or printed name and residence Christopher T. McClure 5016 Kylock Road Mechanicsburg, PA 17055 I CU~:=\/~1' ch~ Allison M. Lesher ~"'99gRoad-,::>" (',' (I. ff,,:r ((L'c='-"'., Mechanicsburg, PA 17055 Prepared by the PennSylvania Bar Association Copyright (e) 2004 form software only The Lackner Group. Ine Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Swom to or affirmed and subscribed ~J`~ ~ Christopher T. McClure before me this ~~ day of ~~n O~ / _ F e Register Allison M. Lesher No. 21-07- 5 Estate of Judith A. McClure also known as ,Deceased Social Security No: 161-344493 Date of Death: 01/07/2007 ,_-, o O _.., .~ AND NOW, _ ~Ln U 1 Yt/ ~ ~ , in consid ~ ~ rr- 1 ~ ,,~ of the Petition on the reverse side hereon, satisfactory proof having been presented before me C` =' -- , _ _ IT IS DECREED that Letters Qx Testamentary ^of Administration - `~'~' ~ __ ~ ~ ~~ -;-; (c.t.a.; d.b.n.c.t.a.; pendente life; durahfeentia; duran a minoritA3eX`i __, t _: rrt are hereby granted to Christopher T. McClure and Allison M. Lesher, o - ~ :; rn in the above estate and that the Instrument(s) dated 3/22/2005 described in the Petition be admitted to probate and filled of record as thq last Will of FEES Letters ..........................................$ 310r Da Short Certificate(s) ...................... $ o~-lJ, 00 fran~.1JW!. ~.~ ............... $ C 5~ Affidavits ( ) ...........................$ Extra Pages ( ) ......................$ Codicil .......................................... $ JCP Fe~J~~l..!.".ti.! ~~.$ I~~y~ Inventory ...................................... $ Other ............................................ $ TOTAL ............................$ ~...~I(JIJ~~~ ~~e¢ister of w' (J ~ U,{ v y Anomey: Paul A. Lundberg U I.D. No: 4$527 Reilly, Wolfson, Shelley, Schrum and Lundberg Address: 1601 Cornwall Road Lebanon, PA 17042 Telephone) (717)273-3733 E-Mail: Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form sokware only The Lackner Group, Inc. Form RW-1(1991) HI05.~05 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. Fee for this certificate, $6.00 LJ.3104579 No. ~/;;iif7H;;~,;;~~ 4"'(~\.'\\ OF pl;'~ ;,\<-:i~~ '4';'~ I,"~ ~ . "A,- 1~_..!\'. ~~\ j:tIEl :-,~ - " \~i (:;:~,~. .!~! \ 4~"~ /~l ,\.~, /~,\' -:. ';:...... /./.: ........", ---!,flM~/' ~\.~ ~;:'~MENl 'U 11,1f ~~- /J ;;/j ,.,i.--' ~ t: 'J~V;(J;':~" Local Registrar IAilIi I ,.., v L'i n ';i '"Jnn) \.' ~J (\}.t,J I Date j'....-" (:::, C.:..t -...I 1',,) en -Q C:(.f ;'}1 d ,::-121- fJ IV ~I ,J / -() 7- tXf6S COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER Cl en 143Rev.01AJ6 'EJPRtNT IN RMANENT .ACKINK 1 Name of Decedent (First. middle, Ias!) .}i."tDi"7N 5. Age (Lasl birthday) ~ '-/ y" Bb. County of Death 8. Birth lace C" and sla!eor lore" 3. Social Security NUrOOer 4 Dale 01 Death (MOO1h, day, year) /tol - 3'-1 - L.f'-l93 JI1Ntlf!/C!j ? ':<007 fJ. /l1c.CJ.././I!E L(hvER. ALLEN Other o ER/Oul alien! 0 DQA 0 Nursin Home .AI:' Residence 0 Other. S 9. Was Decedent of Hispanic Origin? 10. Race: American Indian, Black, WMe, ate g No 0 Yes {If yes, specify Cuoon, ($pec;!J1 Mexican. Puerto Rican. ele.) u) H I r~ 11 Decadent's Usual Occ ahcm Kind of work done durin most of wOIkin life; do no! slale telired Kind of W~ Kind 01 Businessllnduslry /10,"'" L:ffiA f< 13:/2- ftorn c. M 11 f<! ,otlG 16 Decedent's Mailing Address (Street cityl1own, slale. zip code) .5'0,20 Kyl...oc!<'. Ro(~,) /11 E Lti"".; ,c.s !.~ L, .e.G.. .~ . p"" /10', lB. Father'sName(First.middle,lasl) Jui~tl n'lO/VIt7 S Oi/,"-f2f1Eft"H. J.... 12 on h" nesl rade co leled College (1-4 or 5+) <Z 14 Marital Status: Married. Never married. Widowed. Divorced (SpecifY! fA..,',DO/..-UiZO 15 Surviving SpolJse (If wife. give maiden name} 17b, County P,zn" S tiU(.Lnia. Cl.lmt3Jtt'2LAND Did Decedenl LNa in a t 7c '" Yas. Decedent Lived irl Townsh~? i-OL<.J~(2 ItUZrJ Twp 17d 0 No, Decadent Lived within Actual Um~s at Cityl13010 ,'...... 19. Mother's Name (First. middle, maiden surname) Mr-;f2Y LO~IISt {fEr'ST 2Ob. inlormanl's Mailing Address (Street, cityllown, slate, zip Code) <JO/t,,' KVLOCK /2o~6 M Et:.lit'lIl/IC.5 8ukl(;', P/j /70"'- 21c Place 01 Disposition (Name otcemetery..,crel'OCltory or other place) 21d. Locaticm (Crtyllown, stale, zip code) i3FII'l::>Rc.J:;'1ATV~Y' gl?,q/VTVI~,-e 1~t1 (?OL? 22c. Name and Address 01 Faci!" .2... 0' 0, /7-1 A"e. j<::.er .s;--;e. e E r . (v. Ot!-t./I,LI_e K'J'.m/;''J€L. rl.fNErLl'4L. l-fo/J'JE I .:r/l.,/(:~ I"Hl/1;r~?7~f.-:~ 23b. License Numbel 23c, Date Signed (Month day, year) 20a, Informant's Name (Type/prin!) C'l7.k' i:5 ,-0 fJ /f E tC. .:..U/~, T Me i!.U.u-rE. KY!..c,c.,< I!0/70 /';~~Cd/~/V.'~''; d.-\,.:!6', I-'/J 17(..'~-) ~ 21a. Method of Disposilion o Borial )r-cremation o OIher-S - ci : ~ 22a, Sianatu.reJl." F~,neral SeNice Lice~~ee (or p,n acting as such) ):!:""---<-2-r;e P 7~ CofT1Jlele Items 23a-c only n certifying 23a. To the besl of my knOWledge, death occurred allhe lime, date and place slated. (Signature and trtle) physician is nol available at lime ofdealh 10 certify cause 01 death . Jlems 24-26 musl be compleled by person whopronouncesdealh o ReroovaltromSlale o Donation 21b. Date of Disposrtion (Monlh. day, year) 22b, License Nurrber P:3 00 -7 I </3 L 24 IMMEDtATE CAUSE (Final disease or condition lesuhing in dealh) ~ a SeqU811tiallylislcondrtions,lfany, leading 10 Ihe cause listed on Une a. ... Enter the UNDERLYING CAUSE . (disease or injUlY that inrtialed the evenls resu~in" in death) LAST 26 Was Case Referred to a Medical ExaminerICOloner? h'''' Jlf Yes 0 No : Approximale interval: Part II Entel olher sianiflcant cond~ions conlributinn to death, 28 Did Tobacco Use Conlmule to Death? : anselto death but no! resuhing in Ihe underlying cause giveo in Part I 0 Yes 0 Prob.:bly o No 0 Unknown JOa. Was an Autopsy Performed? 32b. Describe how Injury Occurred 29 If Female o Not pregnant wrtl1irl past year o Pregnantaltimeofdealh o Notpregnanl. bUlpregnanl within 42 days oldeath o NOlpregnanl. bu': pregnant 43 days 10 1 year before death o Unknown if pregnant within the past year 32c, Place olln]tIfy: Home, Farm, Street, Faclory, Office Building. etc. (SpeciM Due to (or as a consequence oQ Due 10 (or as a consequence oQ o Yes d~ No d 3Ob. Were Autopsy Findings Available Prior to Completion of Cause of Death? DYes 0 No 31 Manner 01 Death o Natural 0 Homicide o A.cckJent 0 Pending Invesligation o Suicide 0 Could Not Be Determined 32a.Dateorlnjury(Month,day,year) 33d. Dale Signed (Month, day, year) Ij/! /Vi-( d k! V f', ,<7 u.y 7 32d. Time ol Injury 321 32g, Location (Streel. cilyllown, slate) 33a. Certifier (check only one) Certifying physlcloln (Physician certityinQ cause 01 death when another physician has pronounced death and completed Item 23) ./ To lhe best 01 my knowledge, death occurred due 10 the cause(sland manner as stated .............................,..... ..."...............................................'i!f'" Pronounclng.arld certifying physician (Physician both pronouncmg death and certifying to cause 01 dealh) To the best of my knoWledge, death occurred at the time, date, and place, and due to the c.ause(s) and manner as sblted .........................,........... ..0 Medical examlnerlcoroner On the basis 01 examlnatlon andlor Investigatlon,ln my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner as stated ..0 35 ReQistrar's Sig~ and District NU~~ ~ /) I I ~.,n),% ~ 10"1 I~ /1 I (See instructions an examples on reverse) 0/(,. O;l..;J, '1 M Name and Address of Person Who Co/Tllleted Cause 01 Dealh (Item 27) Type/Print JU.'..N ::Ji Cc:oJ.;OY, ,jr ...")(' ^" I). 1_ J.',~E.d( l12.fo<-\c'{vG. PI1 /'7t;'f3 :. ) r-"l ('.) l.:.J -._.J (~ -. LAST WILL AND TESTAMENT roo. _. ,. . L. OF ":-1 JUDITH A. McCLURE ~---. en I, JUDITH A. McCLURE, a resident of the County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: (a) For informational purposes, at the time I execute this Will I have four (4) children: JAMES R. McCLURE, IV; JENNIFER R. MATHIAS; CHRISTOPHER T. McCLURE; and ALLISON M. LESHER. (b) I direct my funeral and last sickness expenses and my just debts to be paid as soon as possible after the probate of this my Will. After the payment of my debts and said expenses, I glve, devise and bequeath my property and estate as hereinafter provided. (c) I bequeath such items of my tangible personal property as are specifically itemized on a list, if any, signed by me at the end thereof, and which refers to this Will or is found with this, my Will, to the person(s) named thereupon to receive such items. SECOND: specific bequests: I hereby make the following (a) I give, devise and bequeath all of my shares of stock tha t I own in ROGELE, INC. to CHRISTOPHER T. McCLURE and ALLISON M. LESHER, or the survivor of them, in equal shares, per capita. (b) I glve, devise and bequeath my house located at 40199 North 107~ Place, Scottsdale, Arizona along with the golf membership in The Desert Mountain Club related to such house to n~ son CHRISTOPHER T. McCLURE, if he shall survive me. (c) At the present time, McMale Associates, L.P., pennsylvania Limited Partnership (the "Partnership"), owns 171, Desert Mountain Phase II, Unit 5, Part 2, 40167 N. a Lot 1 0 7 th Street, Scottsdale, Maricopa County, Arizona (the "Lot") and also owns a Deferred Equity Gold Golf Membership in The Desert Mountain Club (the "Membership"). I own 300 of the 500 General Partnership Units in the Partnership and 9500 Limited Partnership Units. MY son JAMES R. McCLURE, IV owns 200 General Partnership Units in the Partnership. I intend to cause the Partnership to sell the Lot 2 prior to my death. In the event that the Lot has been transferred from the Partnership prior to my death, then I give devise and bequeath my interests in the General and Limited Partnership units that I own in the Partnership to my son JAMES R. McCLURE, IV, if he shall survive me. In the event that the Lot has not been transferred from the Partnership prior to my death, my Executors shall retain my units in the Partnership until the Lot is sold. An amount equal to 98% of the proceeds from the sale of the Lot remaining after payment of all obligations incurred to acquire the Lot and the Membership shall be distributed to my estate, and 2% of the remaining proceeds shall be distributed to JAMES R. McCLURE, IV. Thereafter, my units in such Partnership (as owner of the Membership) shall be distributed to JAMES R. McCLURE, IV, if he shall then be living. THIRD: All the rest, residue and remainder of my property that I own at the date of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "Residuary Estate"), I give, devise and bequeath to my descendants who survive me, in equal shares, per stirpes, subject to the following provisions. (a) Whenever, under any of the foregoing provisions of this Will, my Executor or my Trustee would be authorized or required to 3 distribute any amount, whether of income or of principal, to my daughter JENNIFER R. MATHIAS, my Trustee shall retain (or, in the case of my Executor, shall transfer to my Trustee to retain) such property as a separate fund in trust for the primary benefit of JENNIFER R. MATHIAS. My Trustee shall invest and reinvest any fund so retained, add to such Fund any net income therefrom, and pay to JENNIFER R. MATHIAS so much of such fund as my Trustee shall, from time to time and in the absolute discretion of my Trustee, deem appropriate for the maintenance, health and well being of JENNIFER R. MATHIAS. If JENNIFER R. MATHIAS shall die before all of such fund shall have been distributed to her, such fund shall be distributed to her then living lineal descendants, ln equal shares, per stirpes, or, in default of any such descendant, to my then living descendants; provided, however, that if any property shall become distributable pursuant to the foregoing provisions of this sentence to an individual for whose primary benefit a Trust shall then be held under the provisions of this Article, such property shall not be distributed to such individual but shall rather be added to and thereafter dealt with as part of the principal of such Trust. (b) Whenever, under any of the foregoing provisions of this Will, my Executor would be authorized or required to distribute any amount to an individual who shall not have attained the age of twenty-one (21) years, I authorize and direct my Executor to 4 transfer such fund to my Trustee to be retained as a separate fund in Trust for the primary benefit of such individual. My Trustee shall invest and reinvest any funds so retained, add to such Fund any net income therefrom, and pay to such individual so much of such fund as my Trustee shall, from time to time, in his absolute discretion, deem appropriate for the maintenance, health and education of such individual. When such individual shall attain the age of twenty-one (21) years, the entire remaining balance of such principal shall be distributed to him. If such individual shall die before all of such principal shall have become distributable to him as provided in this subparagraph, my Trustee shall distribute such principal to the then living descendants of such individual, in equal shares, per stirpes, or, in default of any such descendant, to my then living descendants; provided, however, that if any property shall become distributable pursuant to the foregoing provisions of this sentence to an individual for whose primary benefit a Trust shall then be held under the provisions of this Article, such property shall not be distributed to such individual but shall rather be added to and thereafter dealt with as part of the principal of such Trust. FOURTH: I nominate, constitute and appoint CHRISTOPHER T. McCLURE and ALLISON M. LESHER, to be the Co-Executors of this my Last will and Testament. 5 FIFTH: appoint CHRISTOPHER T. I nominate, consti tute and McCLURE and ALLISON M. LESHER to be the Trustees of any trust created hereunder. SIXTH: No person to whom any interest lS given, whether in income or principal, shall have the power to anticipate, alienate, dispose of or encumber such interest or income by anticipation or to subject the same to his debts or liabilities, and no such interest or income shall be liable for his debts or liabilities. SEVENTH: All estate, inheritance and other death taxes, together with interest and penalties thereon, payable with respect to property or interests passing under my Will or any ~odicil thereto, shall be paid out of the principal of my Residuary Estate without apportionment. EIGHTH: I confer upon my Executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and upon such terms and conditions as my Executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof, 6 wi thout liabili ty of any purchaser for the application of any consideration; to borrow money and to secure its paYment by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so- called "legal investments;" to make distribution in cash or in kind; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. NINTH: I direct that no fiduciary appointed hereunder shall be required to give any bond, and that if, notwithstanding this direction, any bond is required by any law, statute or rule of court, no surety shall be required thereon. TENTH: If there shall be insufficient evidence that any individual referred to in this Will and I died otherwise than simultaneously, I direct that, for all purposes of this Will, I shall be conclusively presumed to have survived such individual. ELEVENTH: All words used in this document will be construed to be of such gender or number as the 7 circumstances require. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ day of ~.?-e:---4 , 2005. - ~ ~~"a0-"7'" J TH A. Mc LURE SIGNED, SEALED, PUBLISHED and DECLARED by JUDITH A. McCLURE, Testatrix above named, as and for her Last Will and Testament, and we, at her request, in her presence, and in the presence of each our names as attesting witnesses thereof. Address 101 ~t../~-e!:f71L-{ ci#/ (2:,- J lD' ( Co~~LL R.c~ liW ~ Address U (, . 8 A C K NOW LED G MEN T COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON SS. I, JUDITH A. McCLURE, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ....:., .... ~~ .de- ~7R'e""b~-e ~ ITH A. McCLURE Sworn or affirmed to and acknowledged before me by JUDITH A.dMcCLURE, ~e Testatrix, this ,;0" day of ~ k,-ch, , 2005. D '1:) ~f , \ "').J'--L~'v\.. >.- .. ~ j,' L ("J.....e~. NOTARY . LIC NOTARIAL SEAL MARYANN L. KREIDER. NOTARY PUBLIC NORTH CORNWALL TWP., COUNTY OF LEBANON MY COMMISSION EXPIRES MARCH 2, 2006 9 I I, A F F I D A V I T COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON SS. We, 9,,-,->\ l\. l~\.~ and _~\,,;C L I-\).,.h. -, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed said Last Will and Testament as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of // under no constraint or undue influence. / of sound mind and Sworn and affirmed to and acknowledged before me by ik'; .\1.. \ 0'~~ and . d' L \-\ v---t , Wi tnest\s, this ,:];) day of 'a.:cch , 2005. J\"o 'H G--'- f ~ ,d cL NOTARY p. LIC NOTARIAL SEAL MARYANN L. KREIDER. NOTARY PUBLICI NORTH CORNWALL TWP.. COUNTY OF LEBANON MY COMMISSION EXPIRES MARCH 2. 2006 10