HomeMy WebLinkAbout10-05-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of
MARY D. McCALEB
file Number
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also known as
MARY G. McCALEB
. Deceased
Social Security. Number 169-14-5599
Petitioner(s), who is/are 18 years of age or older, appIy(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
e A. Probate and Grant of Letters Testamentary and aver that Petitioner(s~/ are the Co-Executors
last Will of the Decedent dated October 22, 199~nd codicil(s) dated N/A
named in the
(State relevant circumstances, e.g., renunciation, death of executor, eic.)
Except as follows, Decedent 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
o B. Grant of Letters of Administration
(If applicable, enter: c.I.a.: d.b.n.c.l.a.; pendente !ite; durante absentia; dura~~inoritale) ~
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Petitioner(s) after a proper search has! have ascertai.ned that I?ecedent left no Will and w.as survi."ed by the following s~~igif any) a)(Q::heirs: (If
AdministratIOn, c.I.a. or db.n.c.t.a., enter date ofWtll 111 SecfionA above and complete Itst of heirs.) .J ';E ("") ~ .
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Name
Relationship
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(COMPLETE IN ALL CASES;) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his! her last principal residence at
Maplewood Avenue, Borough of Mechanicsburg
(List street address, tawn/city, township, county, state, zip code)
213 West
89
years of age, died on October 1, 2007
m Holy Spirit Hospital, Camp Hill, PA
Decedent. then
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in P A) Personal property. in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
650,000.00
$
$
$
$
125,000.00
situated as follows:
213 West Maplewood Avenue, Borough of Mechanicsburg
Wherefore, Petitioner(s) respectfully request(s) the probate ofthe last Will and Codicil(s) presented willi this Petition and the grant of Letters in the appropriate form to
the undersigned:
T d or rinted name and residence
Marlin R. McCaleb
219 East Main Street, Mechanicsburg, PA 17055
Mary E. Kula
125 Harrisbur Pike, Dillsbur , PA 17019
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL V ANlA
SS
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 kno\vledge 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.
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Signature u,(Personal Representative Mar 1 in R. McCal eb
Sworn to or affirmed and subscribed
before me the
,J:)
day of
Signature of Personal Representative
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Date of Death: October 1, 1"'007
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Estate of
File Number:
MARY D. McCALEB, also known as MARY G.
McCALEB
Social Security Number: 169-14-5599
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, in consideration of the foregoing Petition, satisfactory proof
Testamentary
E. KULA
AND NOW,
having been presented before me, IT IS DECREED that Letters
are hereby granted to MARLIN R. McCALEB and MARY
and that the instrument(s) dated October 22. 1993
described in the Petition be admitted to probate and filed of rec r
in the above estate
FEES
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Letters ... 71 $? I .0 0<) .
Short Certificate(s) . . ~. . .
Renunciation(s) .........
Will
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$
$
$
$
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Attorney Signature:
Attorney Name:
Marlin R. McCaleb
IS
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Supreme Court LD. No.:
06353
Address:
219 East Main Street
Mechanicsburg, PA 17055
Telephone:
717/691-7770
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TOT AL . . . . . .. . . . . . . .
FormRW-02 rev. 10.13.06
Page 2 of2
H105.805 REV 101/071
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
This is to certify that the information here given i~
correctly copied from an original Certificate of Dead
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita'
Records Office for permanent filing.
p
13823166
10
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Certification Number
Date Issued
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
Hl05.143 REV \112006
TYPE j PRINT IN
PERMANENT
BLACK INK
STAlE FilE NUMBER
D. McCaleb
& Date oC BiIth (Month. day,yeir)
( and8<lor
Dec. 7, 1917
Factoryville, PA
iTI05t of woo: Ide, Do no! slate retiled
KinO 01 BUSMll I Induslry
Education
. Hi_ DececIeot',s Milling Address (Sareet, city I towll, state, lIP code)
213 West Maplewood Avenue
Mechanicsbur PA 17055
III Fmer's Name (first, middle, lase, sutix)
J. Ira Green
208. InIormanfs Name (Type I Printl
Marlin R.
21. MeItioO of Otsposllion
14. Marital Status: Married. Nevel'Married,
Widowed. Divorced (SpeaM
Widc7Ned
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Acll.laiRe5idence 17a.Stale
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Pennsvl vania
Cumber land
17c. 0 Yes, 0eceQem 1.ilted in
17..lXI ~~"LNod_ Mechanicsbura
Top
17. Coo'lly
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19. Molhef's Name (Firsl. midlIe, maiden sumame)
Bessie M. Griffin
2Ob.lolo<......Ual;og.--.s 1_, ""'..... _, ",-I
219 E. Main street, Mechanicsburg, PA 17055
2',.PIao:eol_{_"_,~"'_"""'1 21............ICOyI_,_.,;pcodoJ
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24. TIITI8 of Death
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26. Was Case R6tetr~ UecIcaI Examinet I C01oneI b a Reason 0IheI1hah Cremation OJ 00nab0n1
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Part II: Enaer dher simiIicari Cl:ll'dion!;. mnlt11l;1lino to duttI, 28. Old Tobacco USe ConItibule 10 0eaIh?
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Ilemi 24-26 must be completed by pel'SOfl
: whopronounces.dealh t,
CAUSE OF DEATH (See ___.... "_10')
Item 21. Pall J: EmeI \he ~ - diseases. quries, Of compliCations -1haI dir8CIIy caused Ihe dealt 00 NOT eoIeJ tellTlinaJ events such as cardiac arrest,
r6SpfalOly arrest, or venllicular fibrilalion WiIhool showing Ihe eliolo!w. L.isl oNy one cause on each line.
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CertIfying pb,.ian (Physician certifying cause of death when anoIher physiclilll has prooouoced death and ~ item 23)
Tolhebtslllllfl'tWw..... dNCbocturreddutloltletaU:M(s)andNMlt'ultldecL.___.................. __... ___...... __............ _............_
PI'OI'IOUftCing and cerlifying phyaldan IPhy$ician both pronouncing deaU, and certitying kl cause of dealh)
To the best of my knowtedge, dutb omarred at the Ume, dale, and place, and... 10 the c:auM(l) Ind mannw as 5tatecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
=~=.= and} Of Invelligation, in fRy opinion, death oc:c:uutd at the tiIM, date, and pIKe, and lb to the c:ause(s) and manner.s stafed_ 0
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LAST WILL AND TESTAMENT
I, MARY D. McCALEB, also known as MARY G. McCALEB, of the Borough of
Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being
of sound and disposing mind, memory and understanding, do make, publish and
declare this as and for my Last Will and Testament, hereby revoking and making
void all former wills and codicils by me at any time heretofore made.
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FIRSf. I order and direct that all my just debts and funer~~~ense~e paid
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by my Co-Executors, hereinafter named, as soon as conveniently :~1)e d~e after
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my decease. ;:.~c :::t:
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SECOND. I hereby make the following specific bequests:
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A. I give and bequeath the sum of Five Thousand and No/100
($5,000.00) Dollars unto the TRINDLE SPRING LUTHERAN CHURCH, of
~ Mechanicsburg, Pennsylvania, for use in the general fund.
LAW OFFICES
MARLIN R. McCALEB
B. I give and bequeath the sum of Ten Thousand and No/100
($10,000.00) Dollars unto my granddaughter, CAROL LYNN KULA, absolutely, if
she survives me.
C. I give and bequeath the sum of Ten Thousand and No/IOO
($10,000.00) Dollars unto my granddaughter, KATHERINE MARIE KULA,
absolutely, if she survives me.
D. I give and bequeath the sum of Ten Thousand and No/1~0
($10,000.00) Dollars unto my granddaughter, MELISSA SUSAN McCALEB,
absolutely, if she survives me.
Provided, however, that if my said granddaughter has not
attained the age of twenty-one (21) years at the time of distribution of my estate,
then and in that event larder and direct that the bequest herein provided for her
shall be paid over and distributed unto her parents, MARLIN R. McCALEB and
SUSAN SHANAMAN McCALEB (or to the survivor of them if either is not then
~ living), as my Trustees, IN TRUST, NEVERTHELESS, to hold, manage, invest and
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LAW OFFICES
MARLIN R. McCALEB
reinvest the same and the income therefrom, and after paying all expenses incident
to the management of the Trust, to use and apply from time to time such portions
of the principal and the net income of the Trust as may be necessary, in the sole
and absolute discretion of my Trustees, for the comfortable support, maintenance,
care and education, including college or other post-high school education or
training, of my said granddaughter. My Trustees shall hold all income and
principal from this Trust free from all claims, attachments, judgments, executions
and liens of every kind and nature by creditors of my granddaughter and my
granddaughter shall have no power to anticipate, assign, alienate, pledge, charge or
encumber the income or principal of this Trust.
When my granddaughter attains the age of twenty-one (21)
years, this Trust shall terminate and my Trustees shall pay over and distribute the
remaining balance of principal and accumulated income, if any, to her. If my
granddaughter shall die before attaining the age of twenty-one (21) years, then
upon her death this Trust shall terminate and my Trustees shall pay over and
distribute the remaining balance of principal and accumulated income, if any, unto
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her intestate heirs as determined by the intestate laws of the Commonwealth of
pennsylvania then in effect.
THIRD. I give, devise and bequeath all the rest, residue and remainder of my
estate, real, personal and mixed, whatsoever and wheresoever situate, in equal
shares unto my children, namely: MARLIN R. McCALEB and MARY E. KULA, share
and share alike, absolutely and in fee simple.
FOURTH. In addition to any other powers conferred by law, my Trustees
named in Item SECOND, above, are hereby expressly authorized and empowered at
all times, in their sole and absolute discretion:
A. To purchase, invest in or otherwise acquire and to retain,
whether originally a part of the Trust estate or subsequently acquired, any and all
stocks, bonds, notes or other securities, or any variety of real or personal property,
"\~ including stocks or interests in investment trusts and common funds maintained by
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any bank, or interest-bearing accounts or certificates issued by any bank, as they
LAW OFFICES
MARLIN R. McCALEB
may deem advisable without being limited by any statute or rule of law prescribing
or relating to legal investments by trustees; and to hold or retain cash or readily
marketable securities of little or no yield for such periods as they may deem
advisable. Investments need not be diversified and may be made or retained with a
view to a possible increase in value.
B. To sell at public or private sale, to exchange or lease, for any
period of time, any real or personal property, and to give options for sales,
exchanges or leases, for such prices and upon such terms or conditions as they may
-3-
LAW OFFICES
MARLIN R. McCALEB
deem proper.
C. To allocate receipts and expenses to principal or income, or
partly to each, as they may from time to time deem proper in their sole discretion.
FIFTH. 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 passing under this Will, including any interest or penalty imposed in connection
with such tax, shall be considered a part of the expense of the administration of my
residuary estate and shall be paid out of the residue of my estate without
apportionment or right of reimbursement.
LASTI.. Y. I nominate, constitute and appoint my children, MARLIN R.
McCALEB and MARY E. KULA, Co-Executors of this, my Last Will and Testament,
each to serve without bond in this or any other jurisdiction.
IN WITNESS WHEREOF, I, MARY D. McCALEB, also known as MARY G.
McCALEB, have hereunto set my hand and seal to this, my Last Will and Testament
which consists of five (5) typewritten pages to each of which I have affixed my
signature this 61 ~ day of ()/ ~:....~
, A.D., One Thousand Nine
Hundred Ninety-Three (1993).
17t/~ %'ke&A.1!.--CSEAL)
The preceding instrument, consisting of this and four (4) other typewritten
pages, each identified by the signature of the Testatrix, was on the date thereof
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LAW OFFICES
MARLIN R. McCALEB
signed, sealed, published and declared by MARY D. McCALEB, also known as MARY
G. McCALEB, the Testatrix therein named, as and for her Last Will and Testament,
in the presence of us, who, at her request, in her presence, and in the presence of
each other, have subscribed our names as witnesses hereto.
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OATH OF SUBSCRIBING WITNESS(ES) .
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REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of
MARY D. McCALEB, also known as MARY G. McCALEB
Marlin R. McCaleb
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, Deceased
,J(~~ subscribing witness to
(Print Name/s)
the ~Will [}~~~presented herewith, ~ being duly qualified according to law, depose(s) and
say(s) that J6ti/ he / tti)Cx was / ~Wiex present and saw the above xlistiiklrx'Testatrix sign the same
and that JSble / he / &qx signed the same and that xlltot/ he / ~ signed as a witness at the request of
the x&Sd:ator / Testatrix
In her / m presence and in the presence of each other.
M~
(Signature) a 1 in R. McCaleb
(Signature)
219 East Main Street
(Street Address)
(Street Address)
Mechanicsburg, PA 17055
(City, State, Zip)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this t1 day
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Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this
of
day
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official 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.
FormRW-03 rev. 10.13.06
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OATH OF SUBSCRIBING WITNESS(ES) rB~~
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CUMBERLAND
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
Estmeof MARY D. McCALEB, also known as MARY G. McCALEB
Susan H. Goodridge
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, Deceased
, ~~ a subscribing witness to
(Print Namels)
the}Qt Will ~ presented herewith, ~) being duly qualified according to law, depose(s) and
say(s) that she ~u*:tbi'eo/ was /~ present and saw the above 'RlSStxront Testatrix sign the same
and that she / uiJtu-y signed the same and that sheJi~J signed as a witness at the request of
ill her / m presence and in the presence of each other.
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""_ Susan H. Goodridge ~
the ~R/ Testatrix
(Signature)
139 Easterly Drive
(Street Address)
(Street Address)
Mechanicsburg, FA 17050
(City, State. Zip)
(City. State. Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this
day
before me this f- f;(
of Oefo/;e~
day
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of
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Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Deputy for Register of Wills
To be taken by Officer authorized to administer oaths. Please have present the original or cJmY of instrument{sl at time of not!l.l:.iAltjQIl.
c;uMMONWEAL TH OF PENNSYLVANIA
Notarial Seal
Marlin R. McCaleb, Notary Public
Meohanicsburg Bom, Cumberland County
My Commission Expires Dec. 14,2010
Member, Pennsylvania Association of Notaries
NOTE:
Form RW-03 rev. /0./3.06