HomeMy WebLinkAbout11-07-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
COUNTY, PENNSYL VANIA
Estate of Elise M. McCarty
also known as
File Number
c:Q \ () '1 \ OO~\
, Deceased
Social Security Number 273-20-3896
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
III A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is 1 are the Persons
last Will of the Decedent dated 09/17/2007 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:
D B. Grant of Letters of Administration
(Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has 1 have ascertained that Decedent left no Will and was survived by the following spQlr.\e (if any) andh,eirs: (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
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
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Decedent was domiciled at death in Cumberland
331 East Llisburn Road, Mechanicsburg, P A 17055
(List street address, town/city, township, county, state, zip code)
County, Pennsylvania with his / her last principal residence at
c'
Decedent, then 82
years of age, died on 10/28/2007
at 331 East Lisburn Road, Mechanicsburg, P A 17055
Decedent at death owned property with estimated values as follows:
(lf domiciled in PA) All personal property
(lfnot domiciled in PA) Personal property in Pennsylvania
(lfnot domiciled in PA) Personal property in County
Value ofreal estate in Pennsylvania
$ 200J DOt) ~
,
$
$
$
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:
T d or rinted name and residence
Kathleen McCarty Bratic, 5609 Pinehurst Road, Mechanicsburg, PA 17050
Molly McCarty, 331 East Lisbum Road, Mechanicsburg, PA 17050
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF
~l u"Y\~ ( \os-d
SS
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 ofPetitioner(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 the 1 day of
lt0,~ ~l
~:ilie ReW&cr
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Signature of Personal Representative
File Number:
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CO;
Estate of Elise M. McCarty
, Deceased
Social Security Number: ;J 13 ~D 3591o
AND NOW, _tJ6VOOmr 1 , ~ (
having been presented before me, IT IS DECREED that Letters
are hereby granted to \\\C
Date of Death: Oc.... -b ~.J a8 ~(::t)"1
and that the instrument(s) dated ~~~, \ '\ d,CX::i,
described in the Petition be admitted to probate and filed of record as the last W.ll (and Codi
in the above estate
FEES
Letters .. .~,Ct:::f:). $
Short Certificate(s) .8. . . . . $
Renunciation(s) .......... $
L0\ \\ . .. $
-Jc~ ...$
~~ ...$
... $
... $
. .. $
. .. $
... $
... $
TOTAL . . . . . . . . . . . . . . $
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Attorney Signature:
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Attorney Name:
Supreme Court LD. No.:
Address:
Telephone:
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Form RW-02 rev. 10.13.06
Page 2 of2
111(loX(lO REV ,01/0;,
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6,00
P 13823508
Certification Number
This is to certify that the information here given I
correctly copied from an original Certificate of Oeatl
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing,
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H\QS.143 REV H'~OO6
TYPE i PAINT IN
PERMANEN T
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
D'\ \ro~
l Name of Decedent (flfSI, middle, last suffix)
Elise M.
McCarty
5 Age (laSl Binhday)
6. Dale ol8irth (Month, day, year)
7. BlII
82 YIS
8b. Cour.ty cd Oealll
12, 1925
8d. Facilily Name Qf l\QI. institution, Oi~e sbeel iJld number)
331 East Lisburn Road
12. Was Decedent ever in the
U.S. Armed Forces?
Dyes ~No
=~'~der1ce 17a State Pennsylvania
lib COUfl~ Cumberland
2007
DOmel - Spe(;ity
10. Race: Amencan Indian, 8110;, WM., tIC
(S".d~ite
14. Marital Stalus: Married. Nevec Maffied,
Widowed. Divorced {Specify'}
Widowed
17, Dh." D",.denll,,'" In Upoer Allen
17(1. 0 No, OecedaClt Lived WI1tliO
Acluallimils of
Twp
CIty/Boro
18 F.r's, Name \First, middle, last sultlX)
Jacob Roehm
20a. Informant's Namtl (Type I print)
Kathleen
19. Mother's Name {Firs!, middle, maiden surname)
Elizabeth Pival
'lOb. Informant's Maijing Address (Street, city flOwn. state, lip c0d6~
5609 Pinehurst Wa
21c. Place(l\ Oisposibon tName of cemelery, cremalOly or other place)
321 II TransportaliOlllnju/y (Specify)
o Ouver f Operator 0 Passenger
M ]Othe/.Spet:ify'
'J3a C.,mltH (cneck OI1ly onq 33b SIgnature and Tille
~::sf~::;::~~::,n~~~y:~~::~:" ~:t~hcea:;;~~:n~h:~:r~: ~~:..~~ ~~ _~d ~~l~e~ :e~ ~~ _ .. _ _ _ _ .. _ _ _ _ _ _ _ _ .. _ [A( ~
PTI)flQ\lndng and certitying phy,iciilo (PhY$ICidrl bOlh plOolJuncing dealh and certltylll9 to cause vi death) 33c license Number ~
To t~ best of my knowledge, death ccc..."ed 81 the time, oate, and place, and due 10 the cause(s) and manner IS staled_ - - - -.... -.... - - - -...... - 0 V\I\ Do d- ~ -, t:(~ I::.-
:dlCaI ~:~m~~:~~::~ and I or investigation, in my opinion, death occuneo at the \ime, date, and place, and due 10 Ihe cause(s) and manner Iii slaled_ 0
21 a Melhod 01 DisposlliClfI
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~:J~~t~}dlse:;
I Approximaleiotarval
: Onsel10 Dllalh
o
.
o
o
o
o
.
o
,
o
.
o
o
.
o
~\\alVjbstc~,ilany.
~~~=~~ted~U~~a
{disease Of 1r\l1K'j lhallmlial~d\hl:
8ventsresullioQ In deattl) LAST.
DI.I8 to (or as a consequence 01):
Due 10 (or as a consequeru;e of)
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30., Was an AuIOPSY
Pe!1ormed?
JOb,WereAutopsyFindillgs
Available Prior 10 Comph::llOO
01 Cause 01 Dealh?
31. Ma.r\l\er 01 Oealh
pi Ndlulill 0 Homicide
o Awdenl 0 Pending Investlgation
o SuICIde 0 Could Nol be Determined
32.. Dale 01 Injury (Monlh, day. year)
z
ON'
32d. time ollniufY
Oy" WN'
DYes
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"-
I oZ I I I,~ I \ I,) I
DispOSllKJIl Pennll No ("/')(,. 7 y..s ~
Springs, PA
PartU:E.ntefC\hel"siooilicanlc:ondi1ioos~,
but not res.uttiCIg in \tie underlying cause Qlven in Par11
28 Old Tobacco Use ConltlblJle 10 ()ealt1?
DYeS 0 Probably
o No 0 Unknown
29. II Female
o NoI prcgnanl wrlh.n pa~ yr:.iil
o Preqnanl alllme at death
o Not ~fegnant, but p-IeIJf'ilr.lliithm 42 dii~s
ofdealh
o No! ~fegnant. tNl plegoaffi 43 days 10 1 year
beloredeath
o l.Ioknowfl if pregoanl wilNn the pasl )'fer
32c = ~u=: :7S;:;~j S1reet Fac1orV,
32q. Location ollniury (&teet, city I \ow1), slate)
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LAST WILL AND TESTAMENT OF
ELISE M. McCARTY
I, ELISE M. McCARTY, of Upper Allen Township, Cumberland County,
Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish
and declare this as and for my Last Will and Testament, hereby revoking all o~r Wills ~
Codicils heretofore made by me.
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FIRST
I direct the payment of my debts and expenses of my last illness and funeral from:
c:>
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my estate as soon after my death as conveniently may be done. If there be no cemetery lot
available for my interment, owned by me at the time of my death, I authorize my personal
representative to purchase such cemetery lot with a contract for perpetual care, using
therefore funds from my estate, in such amount as my personal representative shall consider
necessary and desirable and I authorize my personal representative to cause title to or
ownership of such lot so purchased to be vested in such person as my personal
representative shall designate.
Further in this connection, I authorize my personal representative to expend funds
from my estate, in such amount as my personal representative shall consider necessary and
desirable for the purchase, erection and inscription of a suitable marker for my grave.
SECOND
I give, devise and bequeath my entire estate, whether the same be real, personal or
mixed and wheresoever situate unto my four children in as nearly equal shares as possible,
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namely Patricia McCarty, Donald 1. McCarty, Kathleen McCarty Bratic and Molly
McCarty, per stirpes, with the following conditions.
The money due to me on a mortgage dated 7/8/05, that I provided to Patricia
McCarty on her residence shall be added to the total value of my estate. The share given to
my daughter Patricia McCarty shall be adjusted as follows:
1. If she wants my 2002 Honda Accord, she will be credited with receiving
$9000.00 from my estate. If she does not want the car, I direct it to be sold and the proceeds
added to my estate.
2. $5,000 in cash will be distributed to her and treated and credited as part of
her share of the estate.
3.
(a)
The balance of her share of the estate shall be applied to the
remaining principal of the mortgage she owes me.
(b) If the share of my estate allocated to Patricia exceeds the
distributions to her set forth in paragraph 1, 2 and 3(a) of this will, she will receive the
balance in cash.
(c) If the share of my estate allocated to Patricia McCarty is not
sufficient to pay off the mortgage referred to in paragraph 3(a), then I direct that the unpaid
balance of the mortgage shall be an asset of my estate and shall be assigned to Kathleen
McCarty Bratic as part of her share of my estate. The terms of the mortgage will be the
same as I had.
THIRD
In addition to the powers conferred by law, I authorize my personal representative,
in his or her absolute discretion:
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A. To retain in the form received and to sell either at public or private sale, any real
or personal property; and
B. To manage real estate; and
C. To invest and reinvest in all forms of property without being confined to legal
investments and without regard to the principal of diversification; and
D. To exercise any option or rights arising from ownership of investments; and
E. To compromise claims without court approval and without the consent of any
beneficiary, but not limited to claims by the Commonwealth of Pennsylvania with respect to
inheritance taxes on any future interest passing under this will.
F. To continue the operation of any business that I may own at the time of my death
for the period of time and in the manner that he, she or it considers advisable and to be in the
best interest of my estate, or to sell, or to liquidate the business at the time and on the terms
and conditions that he, she, or it considers advisable and in the best interests of my estate.
FOURTH
All shares of principal and income herein given shall be free from anticipation,
assignment, pledge or obligation of any beneficiary and shall not be subject to any execution
or attachment.
FIFTH
I direct that any and all inheritance, estate and transfer taxes imposed upon my estate
passing under my Will or otherwise, shall be paid out of the principal of my residuary estate.
SIXTH
I nominate, constitute and appoint my daughters, Molly McCarty and Kathleen
McCarty Bratic, as personal co-representatives of this my Last Will and Testament. In the
event of the renunciation, death, resignation or inability to act for any reason whatsoever of
one of my said daughters, I nominate, constitute and appoint the survivor thereof as personal
representative of this my Last Will and Testament. I hereby relieve my personal
representative from the necessity of posting security in connection with duties as such in any
jurisdiction in which my personal representative shall be called upon to act insofar as I am
able by law to do so.
IN WITNESS WHEREOF, I, ELISE M. McCARTY, have hereunto set my hand
and seal to this my Last Will and Testament, consisting of five typewritten pages, the first
three of which bear my signature in the margin for the purpose of identification this
J 7 yL
_ _ day of
je~'h",,"bv
f
,2007.
~ 4)1 .0IJ/L (; "1f
ELISE M. McCARTY
SIGNED, SEALED, PUBLISHED AND DECLARED BY THE ABOVE NAMED
ELISE M. McCARTY as and for her Last Will and Testament, in the presence of us, who at
her request, in her presence and in the sight and presence of each other, have hereunto
subscribed our names as witnesses.
of
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of
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF Yor I{ SS
Elise M. McCarty, the Testatrix, whose name is signed to the foregoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and
executed this instrument as my Last Will and Testament; that I signed it willingly and that I
signed it as my fiee and voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged before me by Elise M. McCarty, the
Testatrix, this htt- day of 5'.. r +~..- b'V' ,2007.
/
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COMMONWEALTH OF PENNSYLVANIJ::lise M. McCarty, Testatrix
Notarial Seal
Ronnetta S. Rider, NotaJy Public
Dillsburg Boro, YOI1< County
Wrf Commission Expires Feb. 12,2009
Member. Pennsylvania Association of NOlariWotary Public
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COMMONWEALTH OF PENNSYLVANIA:
COUNTYOF Y:c-i. SS
We, K{)..,1!U'\ C. rV/tl(..kt:vt_ and C J,,,rle-s ~a L",I/~t a~ , the
witnesses whose names are signed 40 the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the aforesaid 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 the Will as witnesses; and that to
the best of our knowledge, the Testatrix was at the time eighteen (18) or more years of age,
of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me, this /7 (l..
S~ '(t-<-". b~J ,2007.
day of
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COMMONWEALTH OF PENNSYLVANIA S?
Notarial Seal
Rometta S. Rider, Not.ary Public
DiIIsburg Boro, York County
My Commission Expires Feb. 12,2009
Member. PennsvIVR;1;'l Association of Notaries
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