The URL can be used to link to this page

Home My WebLink About10-15-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Russell E. McCartney also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21- 01 - OCt cll..o , Deceased Social Security Number 198-32-9409 Mary L. Tletbohl Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) l!I A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executrix last Will of the Decedent, dated 10/28/2005 and codicil(s) dated named in the 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applICable, enter: c.t.a.; d.b.n.c.t.a.; pedente lIIe; durante absentIa; durante mmori/ate) Petitioner(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.) I Name Relationship Residence I .- , (--) ,co" (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residen:clist-- 863 HIII.lde Drive, Camp Hili, Wormley.burg, Cumberland, PA 17011 C " (List street address, town/city, township, county, state, zip code) Decedent, then 66 years of age, died on 09/1412007 -} ,I at Holy Spirit Hospital, East Pennsboro Townshlp,CUmberlana'County, PA I ../.J ..I ,.....~ Decedent at 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 .- <'$,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: Signature Mary L. Tletbohl Typed or printed name and residence 863 Hillside Drive Camp Hili, PA 17011 717-763-1737 Form Rev. 10-13-2006 Copyright (c) 2006 fonn software only The Lackner Group, Inc. Page 1 of2 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 . est~ before me this _\ day of ~ f Ir~ '}~ Mary L. Tletbohl Signature of Personal Representative Fo'th. R.""., ~ SI,"'/we of""""'''__ File Number: 21- 0'1- a 2..Lo Estate of Russell E. McCartney , Deceased Social Security Number: 198-32-9409 Date of Death: 09/1412007 AND NOW, ~'-' \ '6: , (Q()()"1 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Mary L. Tletbohl in the above estate and that the instrument(s) dated 10/28/2005 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters............................................ $ ~O.OO ~.~ ~~ w Short Certificate(s)........................ $ Renunciation(s)............................. $ Attorney Signature: \'D\\\ ci:1. P ~in-s-v Attorney Name: Edward P. Seeber Supreme Court I.D. No.: 76084 James, Smith, Dletterlck & Connelly, LLP Address: Suite 204, 5020 Ritter Road Mechanlcsburg, PA 17055 Telephone: E-Mail: 717/533-3280 eps@Jsdc.com Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Hill" <..:/1" r~I.:\, /11' i"'" LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13858368 Certification Number "' REV 1112006 , PAINT IN .4ANENT CK INK 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. !hn- ft; ~.sEP 11 ZOO~ Local Registrar Date Issued {=.... \. - (~r' '.,':' COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH (See Instructions and exemples on reverse) .r- 1. Name of 0ecedenI (Firsl, nlddle,las1, sufIIx) Russell 5. Age (Last BirthdaYI 66 .r:- STATE FILE NUMBER Yr>. 6. Dale 01 BIr1h (Monlh, day, 7. IIlrthplace (Cilyer<lstete or York CO., PA Sept. 17, 1940 ad. FadlI1y Name (II nol nslllu1ion, give _ and numbe<) ~I-+C:,-\ Cumberland E. Pennsboro Twp. \-\-0) sprY-I-\" 13. Decedenrs Eduoallon (Specily on~ higheSI gIllde compleled) Elementary I Secondary (0-12) College (1-4 Of 5+) 12 11. Oeoedenrs Usual KindofWorl< Auto Instructor . 16. Decedenfs Mailing Addf88S (Street, City flown, stal., zip code) 863 Hillside Dr. Hill PA 17011 12. Was Decedent ever in the U.S. Armed Forces? KK.. DNa Decedent's ActulU Residence 17a. Slate 17b. County PA Cumberland 19, Mother's Name (First, middla, maiden surname) Anna Lehr -4. Date of Death (Monlh, day, Year) --: -t-el\A-bE'v IY I 2-GCl"i 10. Race: American Indian, Black, WMe, etc. (SP<<ifJ1 Whi te 14. Marital Status: Married, Never Marrted, WIdowed, DiYon:ed (8pe<if)1 Divorced Did Decedent Live in a Township? l7c. 0 Yes, Decedent Lived in l7d. IXI No, Decedenl Uvod ..... Actual Llmlls of Twp. Wormlysburg City Born 2007 Hollin er Funeral Home & Cremato 22c.NameandAddressofFedlly Myers-Harner Funeral Home 1903 Market St. Hill PA 17011 24. Time 01 Death 25. Date Pmnounced Dead (Monlh, day. year) 9.{Xj;:<M", t-ev\.\.Pe.r ILjJ2...0ui CAUSE OF DEATH (See Instruction. and exampfee) Item 27. Pari I: Enter the ~ - diseases, injuries. or complications -thai c:trectty caused the death. 00 NOT enter tannina! events such as cardiac arrast, respiratory arrest, or ventricular f1bntlatlon without showing !he etiology. Ust only one cause on each .119. :=;nl:~~~=~ I Approximate interval: I Onselto Death I I I I I I I I I I I I I I I I ~M~/~ Due 10 (Of as a oQ: b. __"":""'h.{'c'AA- Due to (Of as a oij: a. :rnlito't~,~a~s. Enter ~ UNDERLYING CAUSE ~~~~lhe c. Due 10 (or as a consequence of): 308. Was an Autopsy Per1ormed? d. 3Ob. Were Aulopay FIM<ings Available Prior 10 Completion of Cause of Death? DYes 0<" 32d. TIme of Injury 31.~Dealh ~raJ D- O Accidenl 0 P_ng Invostigation o Suicide 0 Could Not be Determined OVes l8i No M. 330. Cortifler (checJ< ~ one) Certifying phy- (Phys_ C8ftifying cause 01 death when anolher physician has pmnounced dealh snd comp_ Item 23) To the bHtof my knowtedoe, death occurreddtle to tht cauH(l) and manner 81 ataled.. _...... _ __ _.. __ _.......... _ __ _....... _.. _.............. =,~,:=~Ion~=":~H=~~...~':.~I';",,~= manner as ateted.. __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ 0 ~~ ~x:"::~~= and f Of investlgetlon, In my opinion, de.lh occurred at the time, date, and place, and due to IhI caUH(I) and menner 81 stated... 0 35. Regislrar's ~ I~ Ifo{j/I/I Disposition Permit No. s PA 23b. License Number 23c. Dale SIgned (Month, day, year) 26. Was Case Referred to Medical Examiner f Coroner lor a Reason Other ItIan Cremation or Donation? DYes ~o Pari It: Enter other sianIficanl condtlnnR CMlriblllina to du1h, but not resulting in the underlying caus&gfYen in Pari L 28. ~ T~se Contribute to Death? ~ OProbeIlly o No 0 Unknown 29. II Female: o Not pregnant wilhin pa~ year o Pregnant at time or death o Not pregnant, but pregnanl within -42 days oIdealh D Not pregnant, but pregnant 43 days 10 1 year beforedelth o Unknown if pregnant within !he past year 32<:. =:u=:~~jSlreet, Factory, 32g. locelion or Injury (Street, cily ftown, state) Pl4- Last Will of RUSSELL E. MCCARTNEY I, RUSSELL E. MCCARTNEY, the Testator, a resident of Cumberland County, Pennsylvania, declare that this is my Last Will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am presently unmarried. Section 2. Children I have one child whose name and birth date is as follows: Names Birth Dates LISA MCCARTNEY November 13, 1963 I have intentionally and with full knowledge chosen to exclude LISA MCCARTNEY from any distribution under this Will. The name of my deceased child is: MARK EUGENE MCCARTNEY , ,~C) - ~.~ '] 1-') - -' r__-) ,-") -~ OJ i u; ", --:._ '--_.I "'. _) I I.,:") .(:- Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative( s) in the order of priority in which their names appear: MARY LOUISE TIETBOHL; THEN GLENDA HEIGES If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: RUSSELL E. MCCARTNEY LIVING TRUST, dated October 8, 2001, and any amendments thereto I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. c.....~ 2 :'I I signed"is, my Last Will, on _ J", j u Z':~3 ,/~/ // - ) Z"'---" , -." / -4/1,- ,,/ ' a~~ ~,4J:<::~~0:7 R SSELL E. MCCARTNEY / ATTESTATION CLAUSE On this C""-;- 2 'J "'~-,- ':", U '-_ c,J , RUSSELL E. MCCARTNEY, Testator, personally Published and Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of each of us and all of us together, who, at his request, in his presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time he executed the foregoing instrument he was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the constraint or undue influence of any person. ~Uil1/t1 flU} j ILl IfJljt& WItness ~J~ ~1hJf1/Xl Ouj~ Street Address ~ jJl} /f}033 JY/ cI)(-d..CiZ::>- WItness Cfd-."-t (~~IJI<:".. ~ Street Address <\\~.A l J03~ City, Stat , Zip COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN We, RUSSELL E. MCCARTNEY, 6HSl1V1 (y), c.lClL\,\>OO\e. and E[)~.I..J~'?-I-~~ , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testator sign and execute the foregoing instrument as his Last Will; that the Testator signed it willingly, or directed another to sign it for the Testator, that it was executed as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testator signed the Last Will as a witness; and that to the best of our knowledge the Testator was at the time ~f~mnd mind and memory, oflawful age, and under no constraint or undue influence. ~'..,./ J. // ",/ C' ~.-:< . ,y ~ d"Y' v--:: '. / \ . /~ 'C:::--/72.: c"':.<'l:?~ RUSSELL E. MCCARTNEY ~ (l(. ~ct~ ~);gJ Witness SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by RUSSELL E. MCCARTNEY, the Testator, and '6J..k5aY) /'t1. Q.kU1~c:cJ~ and '..\iD~/~. LJo.*l-"d~- \1c:",-" , the witnesses, on this GeT 2 S 2::3 ~c-4f (j~ t JLltiiMfP N tary Public