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Home My WebLink About04-10-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WillS OF Estate of Michael J. Malone also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07- 2J0Cl , Deceased Social Security Number 076-12-9092 Michael Joseph Malone Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~'or 'B' BELOW:) I!l A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor last Will of the Decedent, dated 09/28/2004 and codicil(s) dated named in the Slala ralavanl ci'cumslaflC88, e.g.. renunciation, death of exllCutor, IIIc. Except as follows. Decedent did not many, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: .......................................................................................................................................................................................................................................................................... D B. Grant of Letters of Administration (If applicable. antlll': c.I.a.; d.b.n.c.l.a.; ped8n18lite; cJurante absBnl/8; drnnte minoritate) Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (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.) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with 306 Acre Drive, Carlisle, Borough of Carlisle, Cumberland, PA 17013 (List street address, foMlItly,. township, county, state, zip code) I' . -, ::::, hislher last principal residence- at Name Relationship Residence ~. = --' w Decedent, then 83 years Of age, died on 08/21/2006 at 11273 Sllentwood Lane, Reston, Virginia Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 3,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 120,000.00 situated as follows: 31l6,Acr..DrI.VL.c.arllal..1tQlQ,Ugh........................ ............................................................................................................................................... ..................................................................................................................................................................................................................................... ..................................................................................................................................................................................................................................... ..................................................................................................................................................................................................................................... Wherefore, Petltioner(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: Signature Typed or printed name and residence Michael Joseph Malone 1907 Juniper Lane Bensalem, PA 19020 215-639-2175 Form Rev. 10-13-2006 Copyright (e) 2006 form sollw,,", only The Lackner Group, Inc. Pagelof2 Oath of Personal Representative } SS } 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. Sworn to or affirmed and subscribed before me this t D 'f-'IJ. day of Michael Joseph Malone Signature o( Personal Representative File Number: 21-07- ...'i?Y9 - ,..7~J ,") .~.,.- '-" ~. /"~, - ~- S~,?~) "jl'___.JJ -ll :'''-..J co::> .A. --..I P -0 :?:i C) ~ \..0 W .) Signature o( Personal Representative --) 5'~~ :~f2 - :") =::.\ , Decea~ Estate of Michael J. Malone Social Security Number: 076-12-9092 Date of Death: 08/21/2006 rL(fu1 having been presented before me, IT IS DECREED that Letters AND NOW, /0 , d-.fXJ7 , in consideration of the foregoing Petition, satisfactory proof Testamentary are hereby granted to Michael Joseph Malone in the above estate and that the instrument(s) dated 09/28/2004 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. Attorney Signature: FEES Letters.... ......... .................. ............. $ 1),(00 fA) -ti 89 Short Certificate(s)........................ $ IO.0J6 (~ J .00 Attorney Name: Supreme Court 1.0. No. 29943 Martson Law Offices Address: 10 East High Street Carlisle, PA 17013 Telephone: 717-243-3341 811 0.00 TOTAL.................................... $ Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 fonn software only The Lackner Group, Inc. Page 2 of 2 ~ FOR DMSlON OF VITAl RECORDS DECEDENT PlACE OF DEATH USUAl RESIDENCE OF DECEDENT ,5 ! I "ERSONAl . v :lATA OF ~ j OECEDENT lif I'c 1" c, ~i-- I;~- · i i ~ii- - Iil r ~ ::AUSE OF DEATH ~h II .1 Ila TO I i "IfYSICWl: c il :I Sl~- fi 1.'- -v_ l! S <-28)_ a : return both ! i capIos"'- : . cIrecIDr.. soon ~ i :=.:...~ z._ ::!.!! E_ Ol! I 0- NOTE: r - ~ "PendIng"...... be_OO _In perl 1 -rawy I8giIlrar GI_ _.. lOOn .. ..,.-. FUHERAl DIRECTOR REGISTRAR ~ ~J-07-0331 COMMONWEALTH OF VIRGINIA - CERTIFICATE OF DEATH DEPARTMENT OF HEALTH. DIVISION OF VITAL RECORDS. RICHMOND :e,.-=~9 =~~6"?~ STATE FILE NUMBER 1. FUllNAME OF DECEDENT (list) <-l (-) Michael (dIy) (-) 5. DATE OF (mo.) (dIy) BIRTH OCt 6, 1922 8. WAS DECEDENT ytlI =:rF~? 1m no o 3. DATE OF (mo.) DEATH Au at 21, 2006 4. AGE None e. CI1Y OR TOWN OF DEATH Fairfax 10. STREET ADDRESS OR RT. NO. OF PlACE OF DEATH Res ton 11273 Silentwood Lane Penns lvania 13. CI1Y OR TOWN OF RESIDENCE Cumberland 14. STREET ADDRESS OR RT. NO. OF RESIOENCE fI1oIde_or-.? IX! 0 306 Acre Drive Carl.isle Michael J" Mal.one Marie Blizabeth Frahar la. EDUCATION (SpecIIy only 1IighoIl..- """'IlloIodl 17. RACE OF DECEDENT 18. OF HISPANIC ORIGIN? ~.IpoclIy~._. - -. - gg no 0 ytlI COIIote (1" or 5 +) 1JomeI"',IS__, (0-12) White 20. CITIZEN OF WHAT COUNTRY 22. NEVER MARRIED 0 MARRIED 0 DIVORCED 0 WIOOWED IX! 21. BIRTHPLACE (_orClOOll1lr)') 23. IF MARRIED OR WIOOWED. NAME OF SPOUSE (W_.__) Lillian F" Mal.one 27. INFORMANT - OR SOURCE OF INF~TION USA 24. SOCIAl SECU!lflY NUMBER Ne. York 25. USUAl OR LAST OCCUPATION 28. KINO OF 8USINESS OR INDUSTRY Michael J" Malone - Son .. or or _TlI CAIIlII! (FIMl _ or -+ (A) ...-. -""In_) ~,,_._.-' ...__. EnIor _YWG CAIIlII! (IlIooMe or i1uIY ..._ _-""111_) LA8T (8) DUE TO (OR AS A CONSEQUENCE OF): z R 2 PART II. otI1or....- __ ...-........_ but not-""In the UIldoItyIne..... gMn In Pm I. c u E i= II< .. u 5 6 I 28a. AUTOPSY? AUTHORIZED BY: 28b. IF FEMAlE. WAS THERE A PREGNANCY IN PAST,UtONTHS? ytlI U no 0 """'-' 0 211c. IF EXTERNAL CAUSE, IT WAS PRIMAR'IC or CONlRlIlUTlNGCl TO CAUSE OF DEATH 281. INJURY OCCURRED :':.t. 0 :'.=- 0 28cl. DESCRIBE HOW INJURY RElATING TO DEATH OCCURRED 21e. TIME OF INJURY (mo.) (dIy) u-l 211g. PlACE OF INJURY 0--. ...... ~. otreot. - ..,.. lie) 2811. (dly or_) 211. Funeral Home NAME OF FUNERAl. :::~ 721 Blden ~tr~~ o :D ;p.o correct reproduct;~ of;g COUNTY HEALTH DEP.~' (/_; ~~~ C) ~ .~~)~ .. .....] DBP~O;=~ This is to certify that this is a true and the original record filed with the FAIRFAX FAIRFAX VIRGINIA. AUGUST 23, 2006 DATE ISSUED (SEAL) VOID IF ALTERED OR DOES NOT BEAR IMPRESSED SEAL - - IX) 0 ZIP CODE 17013 5+ ONSET AND DEATH o no mI (county) (-) i'""'.) = -.I J;:n't \..0 W N ---'----'--'-~ . ~'-.~ OF E~~ "---.--! +>2 ._<:n-, ~ -..I J::'lIo ".1 LAST WILL AND TEST AMENT :;0 ~ .~,~) ~~z o MICHAEL J. MALONE _)0 ) ~'T1 1..0 --a .. I, MICHAEL J. MALONE, a resident of the Commonwealth ofPennsylvania,nfake, publish~ declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my son MICHAEL JOSEPH MALONE survives me, to my son MICHAEL JOSEPH MALONE. (b) If my son MICHAEL JOSEPH MALONE does not survive me, my residuary estate shall be paid and distributed to any then living issue of my son MICHAEL JOSEPH MALONE, ~ stirpes. THIRD: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article FIFTH hereof. If the benefi- ciary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FOURTH: I appoint my son MICHAEL JOSEPH MALONE to be my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. FIFTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. SIXTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. ~J'M~ SEVENTH: Except as otherwise provided in this will,.1 have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide in the will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. If any person named as beneficiary under this will institutes a will contest, I direct that any bequest, devise, or share of my residuary estate that would otherwise go to him shall lapse, as ifhe had predeceased me. EIGHTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. IN WITNESS WHEREOF,!, MIQIAEL 1. ~' ,'ign my name and pubUsh and declare this instrument as my last will and testament this~4Iday of 2004. The foregoing instrument was signed, published and declared by MICHAEL J. MALONE, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~c~ a-- k;p.- having an address at ~~~d /7"'7 - having an address at ~1s.R.e1 fA ( 70 I 5 2 " ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. We, the Testator and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, MICHAEL J. MALONE, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. CHAELJ. L E {;;' prmt: - - $/~:d#~ Witness prm~~e1' ~ Witness Subscribed, sworn to and acknowledged before me by the sai and subscribed and sworn to before me by the above-named w' nesses, this C~. MALONE, Testator, ayof ~ ' 2004. ~ l'i ;).(J~~- Notarial Seal Betty S. Kistler. Notary Public Carlisle Boro. Cumberland Coun~y My Commission Expires May 14, 2005 Member, PennSy'1Vl'lOia Association ef Not'lrk.l$