HomeMy WebLinkAbout06-22-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of MICHAEL C. McLAUGHLIN File Number tiI f D ~QLD r~~
also known as
,Deceased Social Security Number 178-38-1026
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTOR
last Will of the Decedent dated 3/17/2010 named in the
and codicil(s) dated r..s
- .._.
Ct7 C.r r~-°i ~.: j
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(State relevant circumstances, e.g., renunciation, death of executor, etc.J ~ N ~ ; ,_ .;
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executi `' ~
ot~i strumNent(s) offcr~
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A 7fD ~ ~~ ' ` '?
'~d ~ , ~ ~.
~ r .~ '~
B. Grant of Letters of Administration -p ""{ N ~°"_ r~
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; dwante absents; durante mtnori ~
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.)
901 N. Front Street. Apt. 4R
7 White Oak Boulevard
7 White Oak Boulevard
(COMPLETE INALL CASES:) Attach adtiltiona/ s/teets f necessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal re dpnce at
OAK BO IL EVARD MECHANICSBURG PA 17050 ~~~
(Lrsl street address town/crty townshrp, county, state, zrp code)
Decedent, then 62 years of age, died on 6/10/2010 at HOLY SPIRIT HOSPITAL
503 N. 21 ST STREET CAMP HILL PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 132.000 00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 195 000.00
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate ofthe last Will and Codicil(s) presented with this Petition and the gent of Letters in the appropriate form to
the undersigned:
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH 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. ~ _ n
Sworn to or affirmed ana,subscribed
before a the ~'iJ,.~~ day of
,
/ ,
For the Register
Signature of Personal Representative
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Estate of MICHAEL C. McLAUGHLTN Z
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Social Security Number: 178-38-1026 to ~~
~% Date of Death: 6/10/2010
AND NOW, , 2010 _, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, I I CREED that Letters TESTAMENTARY
aze hereby granted to JOSEPH P. MCLA HLIN
in the above estate
and that the instrument(s) dated MARCH 17 2010
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES
Letters ............................. $ _ 360.00
Short Certificate(s) ............ $ -~p-~'~~~, tro
.-_._~
Renunciation(s) • ............... $ 0.00
JCS ,,,. $ 23.50
Automation ..,. $ 5.00
Will .... $ 15.00
Supreme Court I.D. No.: 18059
•... $ Address:
.... $
.... $ -__
.... $
.... $
.... $
_,.
TOTAL ............................. $ 443.50
'~~3~SD
Form RW-O2 rev. 10.13.06
Telephone:
4431 N. FRONT STREET 3RD FLOOR
HARRISBURG
PA 17110
(717) 234-2401
Page 2 of 2
Signature of Personal Representative
Attorney Name: STUART S. SACKS. ESQUIRE
HI05.805 REY (O1r07) _ _
. ~l to-~3s-
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph. .
Fee for this certificate, $6.00
~,,~'~~AM'~""'Pfj%; :_ This is to certify that the information here given is
NTH OF correctly copied from an original Certificate of Dead
- 3_ L= duly filed with me as Local Registrar. The origins
o _= r _ y~ certificate will be' forwarded to the State Vital
~-' S~ Records O ice f ermanent filing.
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P 1661735 °`~q;_z P~~~,
Certification Number 9rMENT OE~~''O
Local Registrar Date Issued
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LAST WILL AND TESTAMENT
OF ~-, "'
~a 4
MICHAEL C. McLAUGHLIN `~ ~~
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C7 ~
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I, MICHAEL C. McLAUGHLIN, presently of Cumberland County, Penn~~nia ~
declare this to be my Last Will and Testament hereby revoking all Wills and Codic~ s reviouw
P shy
made by me.
MARITAL STATUS
I declare that I am married to NICOLE MARIE McLAUGHLIN and that sill references
in this Will to my wife are references to her.
CHILDREN
I have three (3) children, now living, whose names and dates of birth are as f411ows:
IAN C. McLAUGHLIN born November 17, 1970
DEVYN L. McLAUGHLIN born July 9, 2001
GRAYSN M. McLAUGHLIN born May 25, 2004
All references in this Will to my children include only the children named above.
PET
ARTICLE I
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I give my dog, SARGE, to my wife, NICOLE MARIE McLAUGHLIN.
PERSONAL PROPERTY
ARTICLE II
I give all of my household furnishings and tangible personal property to m~ wife,
NICOLE MARIE McLAUGHLIN. My wife is encouraged to consider any requests for
household furnishings or tangible personal property that my son, IAN C. McLAU~HLIN, or
my nieces and nephews may request, but she is not bound to honor any such request.
RES-- IDUE
ARTICLE III
I give the rest, residue and remainder of my estate to my wife, NICOLE MARIE
McLAUGHLIN.
EXECUTOR
ARTICLE IV
A• Auaointment. I appoint my brother, JOSEPH P. McLAUG~ILIN, JR.,
as the Executor of this Will. In the event of the death, resignation, renunciation or
inability to act of JOSEPH P. McLAUGHLIN, JR., in that capacity, then I appoint
JOHN W. FROMMER, presently of Mechanicsburg, Pennsylvania, as the Executor of
this Will in his place and stead. In the event of the death, resignation, renunciation or
inability to act of JOWN W, FROMMER in that capacity, then I appoint my wife,
NICOLE MARIE McLAUGHLIN, as the Executrix of this Will in his place and stead.
Page 2 of 8 Pages
B. Bond. No bond or other security shall be required of any Executor or
Executrix appointed in this Will.
C. Compensation. The Executor or Executrix shall receive reasonable
compensation for his or her services performed as determined by the Court in which this
Will is admitted to probate.
EXECUTOR POWERS
ARTICLE V
I give my Executor in addition to and not in limitation of the powers given' by law or by
other provisions of this Will, the following powers with respect to settlement of m~ estate, to be
exercised from time to time in the discretion of my Executor without further order or'license of the
Register of Wills or of any court;
A. Investments. To retain any property, pending distribution hereunder, to
invest in or purchase any property without restriction to legal investments for fiduciaries, to
compromise claims, and to sell any property at public or private sale;
B. Securities. To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or ira book entry
form or unregistered or in such other form as will pass by delivery;
C• Li ' atio . To engage in litigation and compromise, arbitrate or abandon
claims;
Page 3 of 8 Pages
u
D. Distributions. To make distributions in cash or in kind at current values, or
partly in each, allocating specific assets to particulaz distributees on a non-pra rata basis, and
for such purposes to make reasonable determinations of current values;
E. Tax Returns. To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the payment of
such taxes, without obligation to adjust the distributive share of income or piincipal of any
person affected thereby;
F. L. vans. To pay off any loans I may have taken against any life inswance
policies owned by me that remain unpaid at the time of my death;
G. Borrowing and Encumbering. To borrow money from any person
including any fiduciary acting hereunder, and to mortgage or pledge any real or personal
property;
H. Prouerty Management. To manage, control, repair and improve all real
and personal property;
I. Insurance. To procure and carry at the expense of the estate, inswance of
the kinds, forms and amounts deemed advisable by the Executor to protect the estate and the
Executor against any hazard;
J• Emulovment of Attorneys. Advisors and Otter Agents. To employ any
attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed
necessary in the discretion of the Executor; and to pay from the estate reasonable
compensation for all services performed by any of them;
Page 4 of 8 Pages
K• Business One*•ation. To conduct alone or with others any bti~iness in which
I am engaged or in which I have an interest at my death, with all the powers of any owner
with respect thereto, including the power to delegate discretionary duties to others, to invest
other property held hereunder in such business and to organize a partnership or corporation
to carry on such business;
L• Ge._ neral. To do all the acts, to take all the proceedings, and to exercise all
the rights, powers and privileges which an absolute owner of the property would have,
subject always to the discharge of his fiduciary obligations. The enumeration of certain
powers in this Will shall not limit the general or implied powers of the Executor. The
Executor shall have all additional powers that may now or hereafter be conferred on the
Executor by law or that may be necessary to enable the Executor to administer the
provisions of this Will, subject to any limitations specified in this Will.
NO ALIENATION
ARTICLE VI
No interest of any beneficiary under this Will or any codicil hereto shall be subject to
anticipation or voluntary or involuntary alienation.
NO CONTEST
ARTICLE VII
If any beneficiary or remainderman under this Will in any manner, directly or indirectly,
contests or attacks this Will or any of its provisions, any share or interest in my estate ar in the
Page 5 of 8 Pages
estate of the Trust given to that contesting beneficiary or remainderman under this.. Will is
revoked and shall be disposed of in the same manner provided herein as if that contesting
beneficiary or remainderman had predeceased me without issue.
LEGALITY OF ARTICLES
ARTICLE VIII
If any provision of this Will or of any codicil thereto is held to be inoperative, invalid or
illegal, it is my intention that all of the remaining provisions thereof shall continue Io be fully
operative and effective so far as it is possible and reasonable.
ARTICLE IX
All estate, inheritance and succession taxes, together with any interest and pdnalties
thereon, payable as a result of my death and imposed with respect to any property, whether or
not disposed of by this Will, shall be paid out of the residue of my estate.
Page 6 of 8 Pages
IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my
Last Will and Testament, consisting of eight (8) typewritten pages, including this attestation
clause, to be executed, declazed and published this ~.
.~. day of ~~r~, ~ , 2010,
at River Chase Office Center, 4431 North Front Street, Harrisburg, Pennsylvania.
Signed, sealed, published and declazed by the above named MICHAEL C.
McLAUGHLIN, Testator, as and for his Last Will, in the presence of us and each of us, who, at
his request and in his presence and in the presence of each other, have hereunto subscribed our
names as witnesses thereto the day and yeaz last above written.
Tura. m. C~adQM~
a- ~ C~
Residing at ~4 3 ~ N , a n~ 5} .
~-}u.fns Pl4 1~ I i O
Residing at o~~ ? 3 ~~ ~~' h,,~-1-
P~ 1~ ~
Residing at ~Q S `j~~r~~/a.Gr~/h
h~
''~S~P a s
Page 7 of 8 Pages
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN : SS.
We, MICHAEL C. McLAUGHLIN, the Testator, and ~. I~CQ MC.'lr _
VYb.. Vvt. (~~,. and ,
e witnesses, whose n~tnes 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 List Will; that
the Testator signed willingly and executed it as his free and voluntary act for the pu#poses therein
expressed; that each subscribing witness in the hearing and sight of the Testator sigrped the Will
as a witness and that to the best of his or her knowledge the Testator was at that times eighteen
(18) years of age or lder, of sound d and under no constraint or undue influence.
ICHAEL C. L UGH N ~~`~ ~ ~Qr~
Witness
W ess
fitness
Subscribed, sworn to and acknowledged before me by MICHAEL C. McLAi7GHLIN,
the Testator, and subscribed and sworn to before me by ~ ~ (:(Z- Me r
UVt4~ VYI. ~ ~ Q~
~ and ,~,
' , witnesses, this
~~ day of~yLh
010.
o~y blic
(SEAL)
~ WE Thl OF PENNSy~y A
NOTARIAL SEAIL
Gwynne C. Pringle - l~otay Pudlic
SusQuehanna Twp., ~a~phin Courp~r
Page 8 of 8 Pages ~ cissio~ r~'''F'E''u' r 2s, 2o1i3