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HomeMy WebLinkAbout06-29-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: PATRICK JOSEPH MURPHY File No: ~1 - I~- ~~ adC/a: (Assigned by Register) a/k/a: Date of Death: MAY 29 2012 Age at death: 84 Decedent was domiciled at death in Cumberland County, penngylvanix (State) with his/her last principal residence at 308 Eleventh Stree[. New Cumberland. PA 17070 New Cumberland Boroueh Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at HARRISBURG HOSPITAL 111 SOUTH FRONT STREET. HARRISBUG 17101 DAUPHIN PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: /jdomici[ed in Pennsylvania ............................ All personal property $ 140,000.00 ljnot domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ /jnot domiciled in Pennsylvania ........................ Personal property in County $ Value ojrea! estate in Pennsylvania ......................................................... $ 14(1 11(10 O(1 TOTAL ESTIMATED VALUE.... $ 280.000.00 Real estate in Pennsylvania situated at: 308 Eleventh Street. New Ctanberland, PA 17070 New Cumberland BorouP_h Cumberland (Attach additions! sheeh~, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County m A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated August 2, 2010 and Codicil(s) thereto dated Mazch 9.2011 State relevant circumataoces (eg. renunciation, death ojexecutor, etc) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not many, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS O EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.ta or db.n.c.ta, enter date of Will in Section A above and complete Gst of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS O EXCEPTIONS Petitioner(s), aftera proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse (ifany) and heirs (attach additional sheets, if necessary): Name Relationshi Address ^-' O ""' Tr ; t~ rn rn~c x ~*~ -r fit;' *... tV r~ rr: .. y U C > ~ ~. ~( l "! Yl D W LIJ L_J Lr T~ Formew-oa ter. ronl~zolr Page 1 oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } ) $$: } Firm Name: QUIGLEY LAW OFFICE, P.C. Address: 1553 RRIDC:F STREET NFW CIiMRFRT.AND PA 17070 The Petitioner(s) above-named swear(s) or affimr(s) the statements in the foregoing Petition are true and come o the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the D~nt, the P ~tioy er(s) will well and tmly nister the estate according to law. Sworn to or affirmed an subscribed bnef!o`rIe~ ~ ~- Date ~9J~t-7te, ~ ~ 2~ me this day of ral.1~ Date BY~ Date For th Register Dale BOND Required: ~ YES Q NO FEES: Letters a1/ ...................... $ ( )Short Certificate(s)...... +-~~~ ( )Renunciation(s)........ . ( )Codicil(s) ............. 1~ ( )Affidavit(s)........... . Bond .. ...................... Commi ssion ................. . Other ~,J ~ 1\ Automation Fee ............... 5" JCS Fee ..................... ~~. TOTAL ..................... $ ~ff.Il() Phone: Fax: Email: RFCOFc~~:o ~r~~cE o~ ,t-r~ R~law"~,: „ ;a;p lc 717-774-4002 717-774009 RORnt~l iTC;T.FYT.AWOFFICF MM ~' DECREE OF THE REGISTER Estate of PATRICK JOSEPH MURPHY File No: ~ ~~ a/k/a: 001 ~- AND N , in consideration of the foregoing Petition, satisfactory proof aving been presented be rem , ~ I$ DECREED that Letters~~a, ,,,,, ~r~r ~ w the instrtunent(s) dated described in the Petitton be Form RW-o1 rev, to/11/2011 To the Register of Wi[Is: Please enter my appearance by my signature below: Attorney Printed Name: ROBERT Supreme Court ID Number: 79186 are hereby granted tet~~'~ I ~j /l ted to probate and file~d/of ord a ` egtster of the above~t~ye and (if applicable) that Will (and of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING:~~p~~l;~p~~te this copy by photostat or photograph. REG;Srcr ,;'~';~~li I c _~,., Fee for this certificate, $6.00 „r„~~ ~- This is to certify that the information here given is ~~ ~ ~ r~E STN OEp~~; :_ correct) co icd from an on =final Certiticale of Dealh 2012 JUN 29 ~`p Fy[r=. y P Ee~o -. ~~ duly filed with mt 1~ Local Reglstror The original @~ m ~zE certify ate will he fol warded to the State Vial ti•, ~ -"~ ~ ~ ~i~ ,aF ~ords Office 1171 tmlanent filing. ORPHAN'S '~~URT ~ o / P 18 2 6 0 6 ~ 7 CUMBERLAND CO., `~qy\-- aP~~ //~6 ~l / Certification Number ,rM,,,,,,, ~,~xw..[MwNx:,"" :mx.„~r,~,„„[w.,M1xn~,„j,oca] Re str[ Date Lssucd rPRnnrerc nc nuru _..__. __..... r. wwMnl'r yxxxxl [wNM,ua 1 1. y nNn Patrick Joesph Murphy Male 051-26-1909 N.wuY xM.rlm , Nx .w u.uNn, aw..r urrwq [~, a 'r 84 ww.nr °'" xw, wxx.r May 22r 1928 n. gxMwlrw.Wl +xwwwl«N.ww.un[n.YM1I x.wx[.Iw.w ww.rr.rew..nw a.uu M«rl 30B 11th Street O.W xNN.wew« a u.wwr,~rc.Nr Cumberland Nwgrel4[o[rl mMMNrYYMNMYMYY x w rr.wn.rlwnd Yn,.w._ wr«usx~MrwM mwxYwrwN ^rn Ow (]Ywnn[, pw,wM Oxw.~wrw' puwww '~Ve on eax~C. Lync~i ~xM~" Irtr.wWyl.u, all«I xxx ,yn ~~ ,u Peter Mur h Rosa Mur hy ' g u..w nxx rWM 1[Y.44rknN4uMWrq 14 mYxYMriy wM XW[r.Oq,Yxx 4N Patrick Jamea Mur h eonr 1311 Oak Lana, Mev Cumberland; 7~a0 ........ IIM1Mx UewrNF.wWY: IIDxNGwrMNaMNM1wTw~r«wxr~ Ill«rWl •••••-.•'~• ••••~............•••.••••... 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L ~J ~ / ' ! ~ ^xw MN~nrnM«Wrw Dµ E1 w°wW ~ r x ~ r lJ'xrurm a W wx pxw n~w. nW wmq'r ~u"N°n" w M ~ . ~ xrxunwNxxrwm L [[uw ~we ^wr w w ~' ~ nrx . r MxwYaxwr..xrrww. N.« n. on.. wwrl rlwxwwu ^Ywxx.vwxww MW,MNYw.r mm.Yw«.r iwM~M.nly. nwm,.wivnim µ,. rrrn.ruaml 4ener FyvylfrmrWxunex,[ryy. Nn..IquNl 6. ~gwrnweh »i,nxxnua pwr,y[ury-, uMxw~NM[[[unN: o r.r ^ w..xrm,w„w o rN.wM ox. pr.wNn ^owlww,l Nwl .xM1wl. V4niµyxMkw~,ai .nuyLw. µw[vrNM ~e wwl W mwnnr l x A ~ur ~ 1 x O^ w ~[.n[ ~. xMq.w Mr r~µ uurgY.N mrvw nrM ^YMkr Nr/ x ~ o~ „ r n' ~MwN11xYm NrnywWrt MwxewwM Ynx xNx,rNOlni. n,[MreMwWYWmx ~N yxM.Ywww.: [wxgr.. w/> uww. xNww:w.0YZY6~~ .n., wer.x 4[M.4/nrm R N ~".~ iW a usp 6G .~ 7/U/ 10//r .wr r rWngwww r w. .. ww r 1; wrxwMwNrw. n7/l8Y3 ,ro;;m„ CODICIL OF PATRICK JOSEPH MURPHY I, PATRICK JOSEPH MURPHY, the within named Testator, do hereby make and publish this Codicil of my Last Will and Testament dated August 2, 2010. FIRST I hereby amend ARTICLE SEVENTH to provide as follows: If my son Patrick James Murphy is unwilling or unable to serve as my executor, then I appoint my daughter Patricia Ann Witte as executrix. SECOND I hereby amend ARTICLE EIGHTH to provide as follows: In the event that my son Patrick James Murphy is unwilling or unable to serve as trustee, or, once having qualified, to continue to serve, I appoint my daughter, PATRICIA ANN WITTE, as alternate or successor trustee. THIRD Prior to making distribution of the remainder of the trust created under ARTICLE SECOND, or the remainder of my estate under ARTICLE THIRD, as the case may be, I direct my trustee or my executor to set aside, from the shaze of each of my children who has not made adequate pre-arrangements for his or her own funeral and burial costs, the sum of $5,000, and to apply the same to an irrevocable funeral trust or equivalent arrangement for the benefit of such child, taking due account of the preferences of such child as to burial, cremation, etc. The decision of my trustee or executor as to what constitut~~dequa~pre--~ ~~~ ~'l7 L C:n O arrangements" shall be final and determinative. ^' ~ ~ ` z ~ ~ -.n ~_.. ]r~~,. N r-r-i ~ r' C.... a~ n -~ ~' ` y ~, m ~ ~ cn 0 FOURTH In all other respects I hereby ratify, confirm and republish my Last Will dated August 2, 2010, together with this sole Codicil as and for my Last Will. IN WITNESS WHEREOF, I, PATRICK JOSEPH MURPHY, have hereunto set my hand and 'W- n seal to this Codicil to my Last Will and Testament this,_~ day of ~"~ate~t- , 2011. Signed, sealed, pu'olished and declared by the above-named Testator, as and for a Codicil to his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses, thereto, in the presence of said Testator and of each other. ~!~~~~ ADDRESS ~ ~J. G~1~~ ADDRESS ~,tp-rt-~1z-- r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, PATRICK JOSEPH MURPHY, St~r~ L. /~gwi(fo,n, and ~.~es 1~•y-Inwer, ~:, the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Codicil and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and heazing of the Testator signed the Codicil as witness and that to the best of their knowledge the Testator was at the tim r more yeazs of age, of sound mind and under no constraint or undue/in~lygnce. //~i// PAT SEP MUR HY i J Witness i ness Subscribed, sworn to and acknowledged before me by PATRICK JOSEPH MURPHY, the Testator, and subscribed to and swornq gor affirmed to before me by S~lc~neL •t'-~nu„~tau ,and c~wesD•flownr~~, witnesses, this ~ day of J~(~~ ~ 2011. ~1 V~ Notary Public COMMON W[ALTM Oar PENNSYLVANIA NOTARIAL SEAL THOMAS E. FLOWER, Notary public Carlisle Boro., Cumberland County My Commission Expires October 26, 2014 t LAST WILL AND TESTAMENT OF PATRICK JOSEPH MURPHY I, PATRICK JOSEPH MURPHY, of New Cumberland Borough, Cumberland C~\'. ~'a ~1-.' ~~a 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 all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. I direct that my body shall be interred in the Gate of Heaven Cemetery in Mechanicsburg, Cumberland County, Pa. 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 If my wife, VERONICA C. MURPHY, survives me by thirty (30) days, I give, devise and bequeath all the rest, residue and remainder of my estate to my trustee hereinafter named, IN TRUST, NEVERTHELESS, upon the following terms and conditions: A. During the lifetime of my beloved wife, VERONICA C. MURPHY, Trustee shall distribute to her or for her benefit all of the net income of the trust, atleast quarterly, and as much of the principal as Trustee deems appropriate ~ ovide~r h~ ~, rn ~; ; ~ V r health, maintenance and support in her accustomed manner of living. ~~ ~ ~ ` _" O C- -;'t. . -- ~- i 4~ l^, . ~.,_; _. _ e_n .P C~ O B. Upon the death of my wife, VERONICA C. MURPHY, Trustee shall pay the expenses of her last illness, funeral and burial, as well as any taxes incurred by reason of the inclusion of this trust in her taxable estate; and Trustee shall distribute the remainder of this trust in equal shares unto my children, per stirpes. THIRD In the event that my wife, VERONICA C. MURPHY, should fail to survive me by thirty (30) days, C J\ A. I direct that any of my children shall have the right to purchase my dwelling house with adjacent lot at fair market value. Should none of my children elect to do so within ninety (90) days following my death, or sooner upon the agreement of all of them, then the same shall be sold and the proceeds added to the residue of my estate. B. I give, devise and bequeath all the rest, residue and remainder of my estate in equal shares unto my children, perstirpes. \~ ~ FOURTH If at any time any minor shall be entitled to receive any assets free of trust hereunder, I give such minor's share to the minor's surviving natural parent, as Custodian for such minor under the Pennsylvania Uniform Transfers to Minors Act; or, if the minor has no surviving natural parent, to my daughter, PATRICIA WITTE, as such Custodian for the minor. FIFTH I direct that any and all inheritance, estate, and transfer taxes imposed as a result of my death, whether passing under this Will or otherwise, shall be paid out of the principal of my residuary estate. 2 SIXTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in his absolute discretion: A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; C. To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage, pledge, lease or exchange any ,~ property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal representative in his sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in his discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my son, PATRICK JAMES MURPHY, to act as Executor of this my Last Will and Testament. Provided, however, 3 that if he is unwilling or unable to act as Executor, I direct the duties of Executor to be performed by my son, PETER THOMAS MURPHY. EIGHTH I appoint my son, PATRICK JAMES MURPHY, as trustee of any trust created hereunder. In the event he is unwilling or unable to serve as trustee, or, once having qualified, to continue to serve, I appoint my son, PETER THOMAS MURPHY, as alternate or successor trustee. NINTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, PATRICK JOSEPH MURPHY, have hereunto set my hand and seal to this my Last Will and Testament, consisting of four (4) typewritten pages, the first three (3) of which bear my signature in the margin for identification, this ~~day of August, 2010. n 4 Signed, sealed, published and declared by the above-named PATRICK JOSEPH MURPHY, Testator, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ~Ll.(~- ADDRESS ' ~~ ADDRESS io w.'ffr~ C~~,.P~.e p~~4- lo LJ~ ~~~"~/„~~_ C'~~ ,~c~ ~ xr3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, PATRICK JOSEPH MURPHY, Thomas E. Flower and Sft~~aw~e [. llaw~dteu , the Testator and witnesses, respectively whose names are signed to the foregoing or attached 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 Testament and that he signed willingly and that executed 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 witnesses and that to the best of their knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~J~ ' PAT CK J EPH M RP Y Witness Witness 5 Commonwealth of Pennsylvania ) SS. County of Cumberland ) Ong~, ~his, the ~' d ///ztS~.. ~'G~, th Flower, Esq., known to me or highest court of Pennsylvania, foregoing acknowledgment and ay of ~(/G1/S~' 2010, before me, undersigned officer, personally appeared Thomas E. satisfactorily proven to be a member of the bar of the and certified that he was personally present when the affidavit were signed by the testator and witnesses. I have signed my name and affixed my seal. COMiIONYYEAtTH of PENNSYI.VAN Ndarial Sall Nathan C. Wolf, Notary PudIC Carlisle Boro, CumfaedanE County MY Commission Expires April 19, 2012 Member, PennayNania Association of NotaAeg