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HomeMy WebLinkAbout09-20-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Jean B. McCormick File Number 21-07- O~LN) also known as , Deceased Social Security 162-22-3909 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent dated November 26, 2002 and codicil(s) dated N/A named in the (state relevenat Circumstances, e.g. renunciatIOn, death of executor, etc.) Except as follows, Decedenl did not marry, was not divorced, and did not have a child born 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: No Exceptions [ 1 B. Grant of letters of Administration (Ifapplicable enter: c.t.a.; d.b.n.c.t.a.; endente lite; durante absentia; durante minoritate) Petilioner(s) after a proper search has/have 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.) Name Relationship Residence COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at 210 Bi S rin Road Newville, PA 17241 West Pennsboro Townshi ist street a ress, town city, towns ip, county, state, zip co e Decedent then 78 years of age died on 9/15/07 210 Bin S)in~ Road Newvi e, A 7241 Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 100,000.00 ence I IS. C ormlc , " 2 Hearthstone Court, Mechanicsbur PA 17050 ---.., Michele Ann Phillips P 411 Bernheisel Brid e Road, Carlisle PA 17015 1(__- ") r-. " (:~) co Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corre 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 ' tj}..-- (' ( \: (. File Number: LI-Dl-~loD Estate of Jean B. McCormick , Deceased Social Security Number: \ LD 2.-2.2- 3/=1 oCt Date of Death q - i '::) ~o1 r'~ -) 1----: AND NOW ~ {)+tfll L" 2{) ,20 6f in consideration of the Petition, satisfactory proof.'~ having been presented before me, IT IS DECREED that Letters Testamentary GJ are hereby granted to Willis J. McCormick, II and Michele Ann Phillips in the above estate and that the instrument(s) dated November 26, 2002 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES lftrJO-~(H~i1I\ ~~~J)U ~ B:: Register of Wills I --h.. ft'~) ~d, .' Signature ? Attorney Name Robert G. Frey Letters (Q.,\O ,t() Short Certificates i~ .0{) Renunciation ~(I_p \0.(;0 Ll)1 \ \ LS". ()'() f\ ;'+0 ry'\f\tlu f\ Sup. Ct. J.D. No 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 Address: (~ (.ll; Telephone: (717) 243-5838 TOTAL.. . Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING It IS illegal to duplicate this copy by photostat or photograph. Ii. 1;,1 -;/lilfU.'h,' ",,"~\"H\ OF ;:~'1:';;o.,.~" /11 (\It,.\... .--. 1:, '11,-' ;;:,~", ""r>-'~ ~\\ ~.,-~,,)..-:: ?~" ,,*,.~;, ~ ~,. - -p~\ .\~~< ,,~J) \ ~ ~~i;l ~-. ~9 ". ~~l/ CC,,' 1'110;;' Il\ ~...:",\ '<:~~:~~:~,~_:_'!.(Ju!J~.J_I- p 13823002 i1_ i: i, 't \ \ I I rhh !, 1\' 1I'!I!i\ \hal IhL' 1111,11 ilL:t ,', i[, !,'\lITc'I!!: ,(l!lIL'd fllll]] ~II! I1I'i"iIL:I ('c'111 .II, ", i h I: duh I,ll'll \I ilh ili!..' II' Loc'al I{",-,'-,!I Ilk! 'Iii, CcTllfic;;\I' '.\ Iii be I'H',\ Ilrdc't! \,' h,' "~"~ [' \,' I\C,'tHd, 011"", Iw 1'JL'!'lllilllc'I:1 ; II! 1 .~" ' ~:I: ":Ck'~~J-"1K~i;Z / 0 ? ("-I c..'ij CJ 11105143 REV 11'2lJOti TYPE, PRINT IN PE HMANE N I HI ACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) I NamtJ ot DOCE:denllFlIsl. mll.idle last, sulfil) Jean B. McConnick 5 Age !last BIr1hddyl 6 Ddle of Sinh (Manlh, day, year) 78,,, 16, 1929 !lb. Counly at Dealh 8d. FaCllily Name (11 nal insblullon, give slreel and numberj CUmber land (,(~ <'/\ R./ct KIrIJulW0rk Sales Kmd 01 Bu~ill~ss Ilndu~tl)' Fcx:d Merchant 12WasOecedanlevellnlhe us Armed Forces? Dye; I"l'NO Docedenl's Aclual ReSidence 17a. Stale .. 16 DeceJ;:ml's Mdlliny Addwss (StleBt, city 110'0\00, state, lip code I 2 Hearthstone Court Mechanicsburg, PA 17050 17tJ.CoulIty 19 Molher's N,JIIle (Filst, nuddle, rnalUlJn sumafll9) Erma ~1. Rowe III fathers Name IflrsL IllILlJle kist, SUI!I~) '" Robert L. Barrett 200. IntOfmanl's Maijlng Address ,SlrOOI, city I lawn, slale. lip code) 2 Hearthstone Court Mechanicsburg, PA 17050 21d Loc..tiofl (Cllyl lawn, Sldle.llpcode) 20a Inlormanls N"IOO (Ty~e I Prml) Willis J. McCormick II 3 Social Security Number 162 - 22 14, Manlal Stalus. Mamed, Never Married Widowed, DI'/orced (SpecifY) divorced Did Decedent Uveina Township? 170 G(y"D'''deoll'''d!O West pennslx>ro 17d.O Nu,Dl!CedenlLrvedwllhm ACILlal limits 01 T., CllyiBvru 21c Place 01 DISposillQ(l (Name ot cemetery, crematory 01 other place) ~ ~ "> ~ 2 Hollinger Crematory ~1:. lblly ~, m 22c,NameandAddressorfacllily 8 Market Plaza Way Funeral Home Mechanicsburg, PA 17055 Appro~imale inlerv..l: Parlll Enler other :i!gn!1Iklm1~J~QnlIlQy~1Q~, 28 Old TQbacw Use Contribule \0 Dealh? Onsel to DBalh bul not resulting In ltIe under1yif"l\l cause W~en Ifl Pan I 0 Yes 0 Probably o No 0 Unknown 29 Ufemale o Nul p'flgrldnl wllhm p;:lsl year o Plegnanlallimeoldealh o Not pu:qna.nl, but prl:!glklnt wllhm 42 days oldeath [J Nol pregnant, but pregfldnl 43 (jays 10 I year bet0l8 death o Unknown if pregnant wllhm the pasl year 32c Place 01 tnjury: Home, Farm, Sleet, Factory, QtIice BLlilding, ele (SpecJfy} ~:!I~~J!sJh~f)~~~ ~~~~\ d'~"~ N(,AJ ,-s;;.. , (U.r <2... ( ') Due 10 (a/as a GO €quenceot) V'Q.. SHIJllrllldlly n~l(;vrll1lhons."arIY ~~I~;\a.~o ~~O~~~i~~~~~~E a (dl:.t:i:lse vr m)ul)' thatln~li:ltc,j thli l'vents fl:s'~IIif\g III d€ilm) LAST. Due to (or a:. a con:;equtlllCe of) DUil lu (or asa consequence (1) JOa WJ.s an Autopsy Pt::rf0fllled? 301; Were Aulopsy Fmdings A'i;!.llo.lbh;: Poor to ComploJllon ulCo.lLlse 01 Dt!o.ltll? 31 MMlnlJrotDeJth rJ.- N,'"co' [J Hoo",," rJ A<':l:ldclLl lJ Pe1ldill9 Inwsllg.;tlon lJ SI.lIUJt; [J Cuuld NolLe Oclelll1lned M [] ,,, rp.NO LJ v"~ [J No J2d Time 01 Injury ~ :nj Cl;;!rldIQrlL~ledvlllyO(U,1 CertJl)oingphysiclan ll'tl,~IUJrlterllIYlll'ollJlbi;!old"'Jtn 1101,0011 JI",[loo.:l PI,YSIL,JIIIi"sj'IUflvUl1ceJdeaUlalldcollll>lOI!)J 111.."11123) To thebesl 01 my knowledge, dealh OCCUlled due to the cause(s) and manner as slated.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ i~~:u:ec~~~t~~ ~~~::::h:;~~a~~~ir~I~lt\ t:t~i~~:'~~I~~:lin~L~;~c~'~~~!~t~~'~ot~hC:~~~~(~~~~ manner as slaled_ _ _ _ _ ~:- _ _ _ _ _ _ _ _ _ _ _ 0 Medu.:..! Examiner I Coronet ' _ On the b.Uiis 01 euminalion and I 01 in~e,.tig..tion, in my opll1ion, death occuued allhe lune, date, and place. and due 10 Ihe cause(s) and manner as slaled_ L .-j I ~ I i I .:< I { I.JI--j SD'" H'''' 1M"""" day, y'''' Obfj\JS[\I(}nP~lmllNo DC.I.P Z7/ 7" o ~ ~~' 34 N;Mne ,lI1d Address uf PllISOfl Who Cumplt;led CausE: ot O~h (Itam 27) Type I Pull! v'4rry{ 6.".t-~, R VQ, S ~c. 5LJih {>,H' 9. _d' CI..I'~I- ~ I ?Clr --.I -;-.. .~ LAST WILL AND TEST AMENT OF JEAN B. McCORMICK I, JEAN B. McCORMICK, unmarried, of Hampden Township (mailing address: 6015 William Drive, Mechanicsburg, Pennsylvania 17050), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my funeral services be conducted in accordance with arrangements which I have made with the Malpezzi Funeral Home, 8 Market Plaza Way, Mechanicsburg, PA 17050 and that my body be cremated and my ashes delivered to my hereinafter named Executors for disposition by them as they may deem appropriate. 2. I direct that all inheritance, transfer, succession, estate and death taxes which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath as follows: a) One-fourth (1/4) to my son, Willis J. McCormick, II, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the other shares; b) One-fourth (1/4) to my daughter, Michele Ann Phillips, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the other shares; c) One-fourth (114) to my daughter, Cindy Lee McCormick, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the other shares; and d) One-fourth (114) to my daughter KAREN M. SILEO, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the other shares. 4. The meaning of "Legitimate Issue" as used in this Last Will and Testament shall be limited to a child or children born to a female descendent of Testatrix regardless of whether the mother is married to the father of such a child or children, and shall be limited to a child or children born to a male descendent of Testatrix where the father of such child or children is married to the the mother either before or after the birth of the child or children. In any case the meaning of "child or "children" or "legitimate issue" as used above shall NOT include any adopted child or children. 5. I hereby nominate, constitute and appoint my son, Willis J. McCormick, II, and my daughter, Michele Ann Phillips, or either of them, as Executors of this my Last Will and Testament, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 6. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors, and their successors, are authorized and empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any suchc9rporations; to make any surrender, exchange or substitution of such s _; :. ,) Page I Pages ~u ;:J /he! (&vn~ , l' '1l. stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my, hand and seal to this my Last Will and Testament written on three (3) pages, this o(L-tt...dayof Ivl ~(,;~m kwr, ~lj(")9.. !/.-; e. () (S AL) Page 2 Pages : ,. Signed, sealed, published, and declared by JEAN B. McCORMICK, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. /7 rt..Jt~- k, -' ~ '~ , (, '-1 " / ; NS Ac,,- A. L Page 3 Pages 21-67- C'S1.oD OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------- Estate of Jean B. McCormick , Deceased Robert M. Frey , (each) a subsribing witness to the [x] Will L] Codicil presented herewith, (each) being duly qualified according to law, depose(s) , say(s) that she / he / they was / were present and saw the above Testator / Tesatrix sign the same and that she / he / they signed as a witness at the request of the Testator / Testatrix in her / his presence and in the presence of each other. >Z~ ---- h-? /~ (Sig~ature) , ~\ (Signature) 5 South Hanover Street (Street Address) (Street Address) Carlisle, PA 17013 (City, State, Zip) (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed before me this e -+L- . day of .sx,~Vn ' , 200 7 ~ .~ ~ C..".-.-..----'-7r-.i.o hc~ ri, /~ Notary Public My Commission Expirees: H C'.' /) 0, ,:J.. 0 10 (Signature and Seal of Notary or other offidl qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Sworn to or affirmed and subscribed before me this day of ,20 Deputy for Register of Wills \:,"':J .....:.!- NOTARIAl SEAL TRISHA A. lIESS, Notary Public- Borough of Carlisle, Cumbo County, PA My Commission Expires May 20, 2010 .(-,,~ \'" '.' _..- ) \.....- 2J -() 1- O'otp 0 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------- Estate of Jean B. McCormick , Deceased Robert M. Frey & Trisha A. Liess , (each) a subsribing witness to the [xl Will [] Codicil presented herewith, (each) being duly qualified according to law, depose(s) ; say(s) that she / he / they was / were present and saw the above Testator / Tesatrix sign the same and that she / he / they signed as a witness at the request of the Testator / Testatrix in her / his presence and in the presence~f~h other. --~... _____.-... ....----7 . c....___..-.... / ~S c"- (Signature) (Signature) 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlisle, PA 17013 (City, State, Zip) Carlisle, PA 17013 (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed before me this Q.Cu...-- day of ~'P\:;u"'t\. ~^- ,20 0"1 Sworn to or affirmed and subscribed before me this day of ,20 Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time,!lf,notarization. (/) f" ..., r.', en