HomeMy WebLinkAbout11-14-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYL VANIA
Estate of Michael P. Gracey
also known as
File Number
~L:DJ-IDLJ&
, Deceased
Social Security Number 210-40-3297
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executors
last Will of the Decedent dated October 16,2001 and codicil(s) dated
named in the
(State relevant circwnstances, 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
Name
Relationshi
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duf
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following
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 ifnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at
304 Tichv Drive, Mount Hollv Sorings. Borough of Mount Holly. Cumberland County. Pennsylvania, 17065
(List street address, town/city, township, county, state, zip code)
Decedent, then 57
years of age, died on September 12, 2007
at 304 Tichy Drive, Mount Holly Springs, PAl 7065
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
200,000.00
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 fonn to
the undersigned:
T d or rinted name and residence
Barry A. Gracey, 304 Tichy Drive, Mount Holly Springs, P A 17065
Audrey C. Gracey, 304 Tichy Drive, Mount Holly Springs, P A 17065
Form RW-02 rev. /0./3.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
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 I '-Iff> day of
=~,~
)< ~-C( ~.Lvj/
Signature of Personal epresentative
)t ~ i' F.-I/ A--(JJ
Signature of Personal Rep sentative
~ar
Signature of Personal Representative
File Number:
:111 -07 - / Dlf~
Estate of Michael P. Gracey
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Social Security Number: 210-40-3297 Date of Death: September 12, 2007
AND NOW, J LJ. th ~ ~ tJ!;v ,Cl1l], inoonsi_tion oftheforegomg Petition, ..ti,faotmy proof
having been presented before me, IS CREED that Letters Testamentary
are hereby granted to Barry A. Gracey and Audrey C. Gracey
and that the instrument(s) dated October 16,2001
described in the Petition be admitted to probate and filed of reco
FEES
Letters ............... $
Short Certificate(s) . . . . . . .. $
Renunciation(s) .......... $
Will . . . $
Automation Fee . . . $
ICP Fee . . . $
... $
...$
... $
... $
...$
...$
TOTAL .............. $
Form RW-02 rev. 10.13.06
in the above estate
260.00
20.00
Attorney Signature:
15.00
5.00
10.00
Attorney Name:
Richard P. Mislitsky
Supreme Court I.D. No.: 28123
Address:
1 West High Street, Suite 208
PO Box 1290
Carlisle, PA 17013
Telephone:
(717) 241-6363
310.00
Page 2 of2
This is to certify that the information here given is
correctlycopied 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.
~~~~~SE"t4/2007
Local Registrar ' "Date Issued
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H105.805 REV (01/07)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 13745672
Certification Number
en;
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C()MI!IONWEAL.TH OF PENNSYLVANIA 'l>EPARTMENT OF HEALTH . VITAL RECORDS
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September 12,..2007
Aug. 15,1950 Wa$hington
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6375 Basehore Roadi Suite #1
Mechanicsbur , PA 7050
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LAST WILL AND TESTAMENT
!, MICHAEL P. GRACEY, of Mount Holly Springs, Cumberland cO~lvl
declare this to be my Last Will and Testament and revoke any Will previously maiiie. ~
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ITEM I. I give the sum of $10,000 in equal shares, per stirpes, to ~nieces, 8Y
ALLISON KOBERG and TRISTAN LYNNE KOBERG (a.k.a. TRYSTIN LYNNE KOBERG),
4736 Tally Ho Court, Boulder, Colorado 80301.
ITEM D.
I give the residue of the estate in equal shares to my beloved parents,
BARRY A. GRACEY and AUDREY C. GRACEY, or the survivor of them, provided that one or
both survive me by thirty (30) days. In the event that both BARRY A. GRACEY and AUDREY
C. GRACEY fail to survive me by thirty (30) days, I give the residue of my estate, real and
personal, to my sister, PATRICIA J. KOBERG, per stirpes.
ITEM III. No interest in income or principal shall be assignable by, or available to
anyone having a claim against, a beneficiary before actual payment to the beneficiary.
ITEM IV. All federal, state and other death taxes payable be on the property forming
my gross estate for tax purposes, whether or not it passes under this Will, shall be paid out of
the principal of my residuary estate just as if they were my debts, and none of those taxes shall
be charged against any beneficiary.
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ITEM V. I authorize my Executor:
A. To retain and to invest m all forms of real and personal property,
regardless of (i) any limitations imposed by law on investments by Executors or Trustees,
(ii) any principle of law concerning delegation of investment responsibility by Executors
or Trustees or (iii) any principle of law concerning investment diversification;
B. To compromise claims and to abandon any property which, in my
Executor's opinion, is of little or no value; to borrow from, and to sell property to others,
and to pledge property as security for repayment of any funds borrowed;
C. To sell at public or private sale, to exchange or to lease for any period of
time, any real or personal property, and to give options for sales or leases;
D. To join in any merger, reorganization, voting-trust plan or other concerted
action of security holders, and to delegate discretionary duties with respect thereto;
E. To use administrative or other expenses of my estate as income tax or
estate tax deductions and to value my estate for tax purposes by any optional method
permitted by the law in force when I die, without requiring adjustments between income
and principal for any resulting effect on income or estate taxes; and
2
F. To distribute IN KIND and to allocate specific assets among the
beneficiaries in such proportions as my Executor may think best, so long as the total
market value of any beneficiary's share is not affected by such allocation.
These authorities shall extend to all real and personal property at any time
held by my Executor and shall continue in full force until the actual distribution of all
such property.
All powers, authorities and discretion granted by this Will shall be in
addition to those granted by law and shall be exercisable without leave of court.
ITEM VI. I appoint my parents, BARRY A. GRACEY and AUDREY C. GRACEY,
or the survivor of them, to be Executor(s) under this Will. Should my parents, BARRY A.
GRACEY and AUDREY C. GRACEY, both fail to qualify or cease to act as Executor, I
appoint my sister, PATRICIA J. KOBERG, Executrix under this Will. No personal
representative appointed hereunder shall be required to give bond or furnish sureties in any
jurisdiction.
ITEM VII. The term "Executor" and "Trustee" or any pronoun used to indicate the
Executor, Trustee, any other fiduciary or any beneficiary shall be deemed to apply to one or
more than one person or corporation and to the masculine, feminine or neuter gender, as the case
may be.
3
ITEM VllI. I direct my Executor to contact, hire and retain the legal services of my
attorney, RICHARD P. MISLITSKY, ESQUIRE, as attorney for my estate to handle all matters
of the estate including probate of this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will
and Testament, this / (pt^- day of (p C (-. M . 2001. It should be noted that I am
PhYSi~Ybmootm~Y~~;;?i17.E(;?~cl)
SIGNED, SEALED, PUBLISHED, and DECLARED by the above Testator, as and for
his Last Will and Testament, in the presence of us, who thereupon at his request, in his presence
and in the presence of each other, have hereunto subscribed our names as witnesses.
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(Address)
4
COMMONWEAL TH OF PENNSYLVANIA
)
(
)
SS:
COUNTY OF CUMBERLAND
We, MICHAEL P.GRACEY, ~hnl. ~uJ'~ ' and
l:JtwaA L, N{/~ frV\;4he Testator and witnesses, respectively, whose names are
signed to the attached or foregoing instrument, being first duly sworn do hereby declare to the
undersigned authority that the Testator signed and executed the instrument as his Last Will and
that he had signed willingly and that he executed it as his free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence and hearing of the Testator,
signed the Will as witness and that to the best of our knowledge, the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
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SUBSCRIBED, sworn to or affirmed, and acknowledged before me by the above-named
Testator and by the witnesses whose names appear above on ~cf-a Ix r I (Q , 2001.
~~Ik~~
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5