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Home My WebLink About02-03-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Susan G. McDermott also known as COUNTY, PENNSYLVANIA File Number _ 21-11 ~~ D l y `3 ,Deceased Social Security Number 217-36-7171 Richard G. Newman Jr. and Christian H. Newman Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ;4' or B' BELOW.•) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtorB named in the last Will of the Decedent, dated A1/17/2A11 and codicil(s) dated State relevant dreumstances, e.g., renuntdatan, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child bom or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: B. Grant of Letters of Administration ----~ (Ifapplicab/e, enter: c.t.a.; d.b.n.c.t.a.; pederrteFte; durerNeebsenfia; durenterninaitate) 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 on Section A above and complete list of heirs); was not the vidrm of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: Name Residence -,~ t W ~ --. .~ ._ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -p -"# .. `~ ~ "~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principa esidence at ~+ 405 Touchstone Drive Carlisle South Middleton Cumberland PA 17015 (List street addfess, towNcity, township, county, state, zip code) Decedent, then _~_ years of age, died on 01/19/2011 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pen I All personal property Personal property in Pennsylvania Personal property in County $ 255 000.00 nsy varna g 250 000.00 situated as follows: 405 Touchstone Drive, Carlisle, South Middleton Twp., Cumberland County, PA 17015 tt e u~n~rs' ned'oner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the rant of Letters in the a 19 9 ppropriate forth to I ypea or printed name and residence Richard G. Newman Jr. 135 Hollow Road York Springs, PA 17372 Christian H. Newman 250 Hickory Road ~____~ CaHisle, PA 17015 Form KW-OY Rev. 12-28-2008 (interim /orm, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Swom to or affirmed and subscribed -- ~~~A,--~~ ~ ~~ /~„ Srgn ure of Personal Represe'ntarrye ~ _ , R ichard G. Newman Jr before me this day of y . ,~J _ lf --- ~!l Signa o/PersonalRep~sentative Christian H. N@Wrt~ _ ~ r~i F the Register Signature of Personal Representative ~~~~ w ,., ~ ` ' n p ~ ~ «° ' -r-, ` ==c: File Number: _ 21-11 ~ j ~ ~ -~ ~~ tt"~ Estate of Susan G. McDermott Deceased Social Security Number: 217-36-7171 Date of Death: 01/19/2011 ~~d , ~~ l AND NOW, ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before e, IT IS DECREED that Letters Testamentary are hereby granted to Richard G. Newman Jr and Christian H Newman in the above estate and that the instrument(s) dated _ 01/17/2011 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ 460.00 Short Cert~cate(s)..... ~bJ........ $ 24.00 Renunciation(s) ............................ $ Will $ 15.00 JCP . $ 23.50 Automation fee $ 5.00 $ $ $ $ $ $ TOTAL ................................... $ 527.50 Attorney Name: Patricia R. Brown Esg Supreme Court LD. No.: -27474 Salzmann Hughes, P.C. address: 354 Alexander Saring Road Suite 1 Carlisle, PA Telephone: 717-249-6333 Form RW-02 Rev. 1a t 3-2oos Copyright (c) 2oas form softwware only The Lacxner Gr«,p, Inc. Page 2 of 2 Attu~~~ey~iynature: ~~-o ~_ - y~ ~~_ IOS.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 f 17114593 Certification Number This is to certify that the information here given correctly copied from an original Certificate of Dea duly filed with me as Local Registrar. The origin certificate will be forwarded to the State Vit Records Office for permanent filing. ~~ ~!~ J 2 0 201 Local Registrar ~ 'Date Issued ~~ ~ rn r*7 ~~ C.? n ~ C.^? ~7 ~,~~? t- .._ _ l.~ ~c~p ~~ ~~ bHlostq REV 11rmYY rrPE~nY, COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH .VITAL RECORDS ~"'p' CERTIFICATE OF DEATH (See Instructltx,s and examples on nYVSrss) . 1. Netr a oaeeerY IPM mesa, br, rAb) STATE FlLE NUMBER Susan G. MC DP,LTteitt z $°" a soar 3iai~ s'nbef ,. ow a oaah IMar,, M. wn s. Ape Rar arabh uneer, Uner, & ~,,, a ~, F 217 - 36 - 7171 1 / 19 2011 11oM oaYa Irea eiaaw r• antl abb a Ya. Pbr d o1eYi ar 71 rr. "°°~°'° ~ 8 1939 Che Chase, MD ^ bPrbm ^ ER r ^ ooA ^ ~ Rom, [$ Rrrrra ^ pw - sPealy ee. cony a ore a: ay, Bon, ra a DeeYi ae. Prsy Rrre (Y na breaon, pr raa gird mmheq s. wr Derhm a w ^ Yr te. Reaa Ameaaen Inan, Bbd, wlYb, ate. Gtanberland uth Middleton Twp 405 Touchstone Drive ~"' `~ ~' Q°"" ~r lsPaa'il 1,. oeaeerfe Uprl a,as eor naM,d ae. Do m ere 12 wr oeoedrY ever M Yn 13. oerarRe EAm1im Mrdr"~ PuMO Wor, ab.) Whl.t t aneawae ladasrrr/bars u.s. Anre Paarr ~~ ~I~r pay elalbr Y~ artPMed) u. Merv Srs Menba, Herr Mrmq 1s. suww,a Spare p rb, lfie merr twne Real Estate ^ rr ®Ro / 5+ 1+~ «s.> wmr.e, olwm ~.aYy~ 1 1e. o.ra.r. Widowed _ MesnYAdd.r15me4ar/b^nem..aomd.l oeaaMrMe 405 Touchstone Drive Aaer Readrir ne. srr PA `a rr na. ®v,e, o.~eaent IA~e b South Middleton T Carlisle, PA 17015 +m.ca.Yy Ctmberland na^NgoearreUwawaib "'"~ 1e. PaYrh 1hr O;tK mane, bet. easel AceW tbib d dryrBoro W1111am H. Gi.rvin ,s.urrr.rn.IPM neaM, mrdr anrme) Bonnie - Smith 20e. bbmrr'e Rama (ryye /Pang Christian H. Newman Z0e w""r"'' ~ Atli ISee0. ah I bm, era, by aaae) 250 Hickory Rd., Carlisle, PA 17015 21e. McYbaa DbPoNtla~ i „ ^oabYm z,o.owa0b0oeMan (tAaM~~aer,rr) z,c. Pr~aa ^ gYrr~ ^ Remwr bm Sre i wr QawaYan «Darlr AUtlrasd ~Prran (NenraorrMy,ariebiyaoerrpboe) 21Q lauYri l(xV/b,n,ebb, Lp creel 'ar.aelEanaw/Coors C$r.^w 1 21 2011 Etrans Cremation Sexroioes Isola, PA ' ~` ~Q a ~Le1tlB' l« zza Urre retE,r 22e Rrr one Aaaees a Padpry FD 012633 L 1!kving Brothers Funeral Hcme, Inc., Carlisle, PA 17013 Crlplele Xrr a3ac arY, atrn orayep 2S. 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Id4L+l~f'wu~W Pl1Afl ~ 't""P~ I s I I 11~ I t I CtI /~`~ 1a2t ,f`fkn1C~ YtcaN~ C-~Rc-1SlC~ J~ l'I~1~ obpoeaon Pertm Na.'_._.1t,~'~ ~{`h 3 R^a3 n G -tea C ~ _~F ~~n~ ~~n f LAST WILL AND TEST ' ~'~ AMEN ~~ ~.-.{ .. ~. ._ ~-, I, SUSAN G. McDERMOTT, of South Middleton Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. I direct that arrangements be made for my burial in Ashland Cemetery, Carlisle, Pennsylvania. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is ~'.;~ ;~ :~7 c~; ~, _. a LTA t ,~ _;~ :=:: -~~ :~~ authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. T_E• I give, devise and bequeath the sum of One Thousand Dollars ($1,000.00) to the Carlisle Garden Club in recognition of their continuing efforts to beautify the Carlisle community and to thank them for the years of pleasure those efforts have given me. FOUR. I give, devise and bequeath the sum of Five Thousand Dollars ($5,000.00) to the Carlisle Sertoma Club, for their general charitable purposes. If the Sertoma Club is no longer an active organization in the Carlisle area, this gift shall lapse and become part of my residuary estate. FIVE. I give, devise and bequeath the sum of Ten Thousand Dollars ($10,000.00) to the FIRST PRESBYTERIAN CHURCH, North Hanover Street, Carlisle, Pennsylvania, for its general charitable purposes. SIX. I give, devise and bequeath the sum of Two Thousand Dollars ($2,000.00) to my daughter, JENNIFER A. DALEY, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. SEVEN. I give, devise and bequeath the sum of Five Thousand Dollars ($5,000.00) to my son RICHARD G. NEWMAN JR., per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. EIGHT. I give, devise and bequeath the sum of Five Thousand Dollars ($5,000.00) to my son, CHRISTIAN H. NEWMAN, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. NINE. I give, devise and bequeath the sum of Five Thousand Dollars ($5,000.00) to my daughter-in-law, KIMBERLY STARK NEWMAN, per stirpes, which provides that the 2 child or children of any deceased child shall take the share their parent would have taken if living. TEN. I give, devise and bequeath the sum of Ten Thousand Dollars ($10,000.00) to my grandson, WILLIAM HARPER NEWMAN, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. ELEVEN. I give, devise and bequeath my diamond ring (from Line & Line Jewelers) to my granddaughter, GRACE ANN DALEY, to be held in Trust until her twenty-fifth birthday. TWELVE. I give, devise and bequeath any and all securities (accounts) managed by Jack Greenwood, Account Executive of Weinken Associates, as follows, in equal shares: A. 1/3 to my son, RICHARD G. NEWMAN JR., per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. B. 1/3 to my son, CHRISTIAN H. NEWMAN, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. C. 1/3 to be held IN TRUST, by the hereinafter mentioned Trustee for the benefit of my grandchild, WILLIAM HARPER NEWMAN, under the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, 3 any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of my heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heir or beneficiary such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their continued support, maintenance, education, medical care or general welfare. My primary objective is to ensure the continued support, maintenance, education and medical care of my heir or beneficiary until he reaches the age oftwenty-eight (28) years. When said heir or beneficiary reaches the age of twenty-three (23) years, then one-half (1/2) of whatever remains of income or principal of his trust estate shall be distributed to said heir or beneficiary. When said heir or beneficiary reaches the age of twenty-eight (28) years, whatever remains of income or principal of his trust estate shall be distributed to said heir or beneficiary. In the event that any heir or beneficiary of this Paragraph predeceases me or becomes deceased prior to the distribution of this Trust without leaving surviving issue, then in that event, the deceased heir or beneficiary's share shall be divided equally, per stirpes, between my surviving heirs or beneficiaries of this Paragraph Twelve. If, for whatever reason, all of my heirs or beneficiaries of this Paragraph Twelve predecease me or become deceased prior to the distribution of this Trust without leaving surviving issue, then this share as stated in this Paragraph shall be distributed in accordance with the residue of my estate as provided for in Paragraph Thirteen below. THIRTEEN. I give, devise and bequeath all of the rest, residue and remainder of my estate of whatever nature and wherever situate, in equal shares, to my sons, RICHARD G. 4 NEWMAN JR. and CHRISTIAN H. NEWMAN, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. FOURTEEN. If, under any of the provisions of this Will, any principal becomes vested in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a., shall have the discretion either to pay over such principal or any part thereof to any parent of such minor, any guardian of the person or estate of such minor, or any person with whom such minor resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his or her minority. Any of the principal thus retained, and any of the income therefrom, including the whole thereof, may be paid to or applied for the benefit of such minor from time to time in the discretion of the trustee of such power. When such minor reaches majority, the funds so held shall be paid over to such person, or, if he or she shall sooner die, to his or her legal representatives. In so holding any principal or income for any minor, the trustee of such power shall have all the rights, powers, duties and discretions conferred or imposed upon my fiduciaries acting under this Will. I further direct that no bond shall be required from any person receiving a payment hereunder and receipt from such person shall be a full discharge to the trustee of such power who shall not be bound to see to the application or use of such payment. The trustee of such power shall be entitled to commissions at the rates and in the manner payable to a testamentary trustee. FIFTEEN. I hereby nominate and appoint RICHARD G. NEWMAN JR. and CHRISTIAN H. NEWMAN, or the survivor of the two of them, to be the Executors of this, my Last Will and Testament, whereby the said remaining personal representative shall have the same powers as are given to the original Executors hereunder. SIXTEEN. I hereby nominate and appoint RICHARD G. NEWMAN JR., as Trustee of any trust created herein. 5 SEVENTEEN. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. EIGHTEEN. No Executor, Trustee or Guardian acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINETEEN. No beneficiary may assign, anticipate or pledge its interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. TWENTY. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. TWENTY-ONE. Because my daughter, Jennifer A. Daley, has chosen to exclude me from her life and her daughter Grace's life, it is hereby my intent to specifically exclude my daughter, Jennifer A. Daley, from inheriting any of the residue of my estate under this my Last Will and Testament. There has been provision made in this Will, for a specific bequest to her. 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of January, 2011. ~J EAL) SUSAN G. McDEltMOTT Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. PATlj~CIA R. KAMEL~ S . COR!~IMAN 7 ACKNOWLEDGMENT AND AFFIDAVIT WE, SUSAN G. McDERMOTT, PATRICIA R. BROWN, and KAMELA S . CORNMAN the testatrix and witnesses respectively, whose names are signed to the 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 purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ ~ ~ r' 1 ,, SUSAN G. McDERMOTT ~:~~ ~~-~ PAT CIA R. BROWN 1'1/llca~l KAME A S. CORNMAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: Subscribed, sworn to and acknowledged before me by SUSAN G. McDERMOTT, the testatrix herein, and subscribed and sworn to before me by PATRICIA R. BROWN and Kamela S . Cornman witnesses, this ~ ~t~iay of January, 2011. COMMON LTM OF PENN V NohrWlseN CannMwlon~ Cawky ~ ~oaaaon ~ otary Public 8