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HomeMy WebLinkAbout02-12-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of also known as MARIE B. McDONELL File Number ~ I O'X D} ~() , Deceased Social Security Number 023-07-4985 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) [l] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated August 8, 2007 and codicil(s) dated Executor 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 instrurnent(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.; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spou~if any) and I{~: (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 CO". '-.o:-.:Q __ Name Relationship Residence ~ .', ..r ". _.~) r',~, (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. c.,,~~ C_i,~) Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at The Bridges, 2100 Bent Creek Boulevard, Silver Spring Township. Cumberland County, P A (List street address, town/city, township, county, state, zip code) Decedent, then 92 Camp Hill, PA. years of age, died on January 26, 2008 at Manor Care Nursing & Rehabilitation Center Decedent at death owned property with estimated values as follows: (If domiciled in P A) 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 1,050,000.00 $ $ $ $ 0.00 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: T ed or rinted name and residence Floyd 1. Lenker 90 Eastgate Drive Camp Hill, PA 17011 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEAL TH OF PENNSYLVANIA 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 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. before me the \d Sworn to or affirmed and subscribed day of Signature of Personal Representative f':; Signature of Personal Representative f-0 -.-1 File Number: a\ ()~ b\ S;U C.') c- Estate of MARIE B. McDONELL , Deceased AND NOW, having been presented before me, IT IS are hereby granted to Floyd L. Lenker Date of Death: January 26,2008 , ,:1tJOgJ , in consideration of the foregoing Petition, satisfactory proof ECREED that Letters Testamentary in the above estate and that the instrument(s) dated August 8, 2007 described in the Petition be admitted to probate and filed of record as the last Will FEES I ,'~ .c) Letters ... 'J.v.v:-:,.qrp. . $ Short Certificate(s) . . 5. . . . $ Renunciation(s) .......... $ ~ . \\ l..01 ... $ _\c? ... $ ~\0 ... $ .. . $ .. . $ . .. $ .. . $ .. . $ .. . $ TOTAL .............. $ dCOdkil(~ R~b~ 7/r,D aD Attorney Signature: \'S \() ~ Attorney Name: Edmund G. Myers Supreme Court I.D. No.: 20558 Address: 30 I Market Street P. O. Box 109 Lemoyne, P A 17043-0 I 09 Telephone: (717) 761-4540 tlobW ~ Form RW-02 rev. 10.13.06 Page 20f2 1-1 1":'1:\ 1(lj..fJ71 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. '16,00 P 14121078 ~iilijj':-;;;;;;;,~ 1'j~(~\.~OF Pi;;'-~--,-_ ,1'\~y '~~~ l<::::il~ _\~"':. !i~! -~... \?~ i~ c:::;)i .._~ ":~~ '~ '-'\ ,.f,:~". "....h~ \\*~."" ;-;!*~j \".:::;!' ~~' /~ ~'j \.~'" .. /./~/\'! ~ Af.?~ /"",-~;;\\'1 ""...-_ 'MEN1t\" ",v """"'''''////HHIII11''' jl' This is to certify that the informJtion here gi\en IS correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will he forwarded to the State Vital Records Office for permanent filing, ~ /J;.,r..~~.... .,J.. 'JAN 3.0 Z008 '.' . / / Local Registrar : ::';; c':' bate Issued Certification Number c;:;' ~ " jV r'oJ REV 1112006 I PRINT IN IAANENT ,CK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FilE NUMBER ~I o ~ 0 (S-V Cumberland anor Care Nursing & Rehabilitation 4985 4. Dale of Death (Month, day, year) January 26, 2008 1. Name of Decedent (First, middle, last, suffix) Marie B. McDonell yrs 6. Date ot Birth (Month, day, year) 5. Age (last Birthday) 92 December 14, 1915 Boston MA St. County of Death ad, Facility Name (If not instilution, give street and number) 10. Race: American Indian. Black, While, elc (Specofy) Whi te 11. Decedenl's Usual Occu tion KiM of work done durin most 01 wor\i:i fife. Do not slate retired Kind of Work Kind 0' Business I Industry Homemaker Home 12. Was Decedent ever in the U.S. Armed Forces? Dyes 0\10 13. Decedent's Education (Specify only highest grade completed) Elementary I Secondary (0-12) 2 College (1-4 or 5+) 14. Marital Status: Married, Never Married, Widowed, Divorced (Specify, Widowed . 16. Decedent's Mailing Address (Street, city I town, state, zip code) 90 Eastgate Dr. Cam Hill, FA 17011 18. Father's Name (Firs!. middle, last, suffix) William Burnham Decedent's Actual Residence 17a. Sta!e 17b. County FA Cumberland Did Deceden! Liveina Township? 17c, iXJ Yes, Decedent Lived inHamIXfen 17d. 0 No, Decedent Lived within AclualLimitsol Twp City/Bora 19. Mother's Name (First, middle, maiden surname) Adah M. Dawson 2Oa. Informant's Name (Type I Print) Floyd Lenker 20b, Informant's Mailing Address (Street, city / town, state, zip code) 90 Eastgate Dr., Camp Hill, FA 17011 21 c, Place of Disposftion (Name of cemetery, crematory or other place) 21d. location (City ftown, stale, zip code) Mt. Holly Springs, FA 23b. License Number .2/t/ 5'~ 7''1:t "7 lIems 24.26 must be completed by person who pronounces death. ON<> Ihr.fic... )"h"1osl'S' Not pregnant within past year o Pregnant at time of death o Not pregnant, but pregnanl within 42 days of death D Not pregnant, but pregnant 43 days to 1 year before death o Unknown if pregnant wittlin the past year 32c. Place of Injury: Home, Farm, Street, Factory, Office BUIlding, etc. (Specify) CAUSE OF DEATH (See instructions a exam as) Item 27. Part I: Enter the ~ - diseases, injuries, or complications - that directly caused the death. DO NOT enter terminal events such as cardiac arrest, respiratory arrest, Of ventricular fibrillation without showing the etiology. List only one cause on each Rne. IMMEDIATE CAU$E IFinal disease or q.::J / I I L1 ~ Ao'J ,'"/"' COnditlOfl resulting m death} -.. a. r /" I?,&: h Lc.. ~_-,<_ ,/ / / .J-- Due to (Of as a consequence 00' c.,ttO Approximate interval: Part II: Enter other sianiftcant conditions contributino to death, Onset 10 Death but not resulting in the underlying cause given in Part I SeqUentiallh list conditions, if any, ~:~~~o JJD~~~i~ru~ni a. (disease Of injury thai in~iated the events resultihg m death) LAST. b. Due 10 (or as a consequence of)' :. RegiS"arSSigoat~m I ,9,11 I '?"I I I 'I M. Dyes o Homicide o Accident 0 Pending Investigation 32d. TIme of Injury D Suicide 0 Could Nol be Determined 33a. Certifier (checll only one) Certifying physician (Physician certifying cause of death when another physician has pronounced death and completed Item 23) To the best of my knowledge, death occurred due to the C8Use(S) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~~:u=~~t: :::r:~h:~~~a~~~;:~~ :htf~~nin~e;::c~~a:rt~':~ot~h~~:~~~:~~ manner as stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~:::~m~~~~~;:::~ and I or investigation, in my opinion, death occurred at the time, date. and place. and due to the cause(s) and manner as stated_ 0 ~/) .01 /1- ( 7(. Disposition Permit No. Last Will and Testament ~ ''; -, OF MARIE B. McDONELL I, MARIE B. McDONELL, of Mechanicsburg, 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 or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY 1 give and bequeath my photographs, birth, marriage, service and death certificates and the like relating to my family or to my husband's family unto my nephew, DONALD F. McBETH, and his wife, LYNNE McBETH, or the survivor of them, with suggestion that they or the survivor distribute the same in the exercise of his or her sole discretion among themselves and their then-living issue. 1 give and bequeath the remainder of my household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my friend, FLOYD L. LENKER, ifhe survives me. Ifmy friend, FLOYD L. LENKER, does not survive me, I give and bequeath the same unto my nephew, DONALD F. McBETH, if he survives me, and should he not survive me, then unto his wife, LYNNE McBETH, if she survives me, with suggestion that my nephew, DONALD F. McBETH, or my nephew's wife, LYNNE McBETH, distribute said items, in the exercise of his or her sole discretion, among themselves and their then-living issue. ARTICLE III SPECIFIC BEQUESTS I give and bequeath the sum ofTen Thousand ($10,000.00) Dollars unto each of the following who survive me: my niece, SANDRA McBETH; my grandniece, DENISE McBETH; my grandnephew, DONALD ANDREW McBETH; and my grandnephew, CRAIG McBETH. ARTICLE IV CHARITABLE BEQUEST I glVe and bequeath the sum of Ten Thousand ($10,000.00) Dollars to THE FOUNDATION FOR GLAUCOMA RESEARCH, 490 Post Street, Suite 1042, San Francisco, California 94102. ARTICLE V REST, RESIDUE AND REMAINDER give, devise and bequeath all the rest, residue and remainder of my Estate, of whatever nature and wherever situate, unto my friend, FLOYD L. LENKER, provided that 2 should my friend, FLOYD L. LENKER, predecease me, I give, devise and bequeath the the rest, residue and remainder of my Estate unto THE FOUNDA TION FOR ENHANCING COMMUNITIES, a Pennsylvnia nonprofit corporation, 200 N. Third Street, Eighth Floor, P. O. Box 678, Harrisburg, PA 17108-0678, as a corporate asset, for charitable, educational, scientific or civic purposes, according to its bylaws, specifically to establish the Frederick H. McDonell and Marie B. McDonell Fund as an endowment fund of the Foundation. ARTICLE VI UNIFORM TRANSFERS TO MINORS In the event any beneficiary of my Will has not reached the age of twenty-five (25) years at the time for distribution of his or her share, distribution of said share may be made in the discretion of my Personal Representative after considering the age and needs of the beneficiary, either directly to the beneficiary or to a Custodian for such beneficiary until age twenty-five (25) under the Pennsylvania Uniform Transfers to Minors Act, 20 Pa. C.S.A 9530 I et seq., or the applicable Uniform Gifts to Minors Act or Uniform Transfers to Minors Act in the state of residence of such beneficiary as the case may be. My Personal Representative may designate as such Custodian any institution or person, including my Personal Representative, qualified to act as a Custodian for such beneficiary under such Act in effect at the time such distribution is made. A receipt for any payment or distribution so made shall be a full discharge therefor to my Personal Representative, who shall not be responsible to see to, or be liable for, the application of such proceeds thereafter. 3 ARTICLE VII POWERS OF PERSONAL REPRESENTATIVE My Personal Representative(s) shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. B. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. D. 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, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. E. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. 4 F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other tax refunds and the payment of such taxes as my Personal Representative shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. ARTICLE VIII PERSONAL REPRESENT A TIVE I name, constitute and appoint my friend, FLOYD L. LENKER, Camp Hill, Pennsylvania, Executor of this my Last Will and Testament. Should FLOYD L. LENKER fail to qualify or cease to so act, I name, constitute and appoint PNC BANK, N.A., Camp Hill, Pennsylvania, alternate Executor to complete the administration of my Estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this~f!1 day of hf/(i- 2007. B ~~ 1 c t ~. ! ; "'....... / / . ' " ' - _.) I I 1/ 1 ~'v!L' tvi ~ . (SliAL) MARIE B. McDONELL 5 Signed, sealed, published and declared by the above-named Testatrix, 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 hereunto subscribed our names as witnesses. ~~t(Y'bL ~~a1-!iJ sJ{p)Ju/{vf1Q 262083.6 6 AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND We, MARIE B. McDONELL, ~r ~2tL~~ ~UOJ€.r and $u.s-Ct". 6. S'vfl\.b.r(~J... the Testatrix and the 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 Testatrix signed and executed the instrument as her Last Will and that she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 1r(Oo~B filL~ MARIE B. McDONELL ~~s:!J..~/&nQ Witness Fit ' IwI, ~ Witnes~- 7 Subscribed, sworn to and acknowledged before me by MARIE B. McDONELL, Testatrix, and subscribed and sworn to before me by lE({)ct ~~ Sv('o\)er and SUJC\l. 6" ~nkl'l~ , witnesses, this 8'r:J day of ~t ,2007. ~lJ~ Edmund G, Myers Attorney I. D. #20558 .~~ I -~ On this, the ~ day of C),l,/!:J;fPLM , 2007, before me, the undersigned officer, personally appeared EDMUNW G. MYERS, Attorney I.D.# 20558, known to me (or satisfactorily proven) to be a member of the bar of the highest court of Pennsylvania and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the Testatrix and the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /J1t~Vu:C f ;2ft No Public L COMMONWE/\LTH OF PENNSYLVANIA Notarial Seal Margaret E. Ruff. Notary Public Lemoyne Bo1O, Cumberland ColIlty My Commission Expires May 30. 2011 Member, Pen'1S'.'!veni2 Association of Nataries 8