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HomeMy WebLinkAbout10-23-12IN RE: ESTATE OF :THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY G. STUM, Deceased :ORPHANS' COURT DIVISION . ha N0.21-12-121 ~ o ~, PETITION FOR DECREE AWARDING REAL ESTA ~~~' `' r~~ T- ~ TO THE HONORABLE, THE JUDGES OF SAID COURT: ° ~-' ~ ^' ~' c ~~. ~ o~ ~ The Petition of PAUL D. McNEW, JR., by his attorney, Wayne F. Shame, ~-- respectfully represents, as follows: 1. Petitioner PAUL D. MCNEW, JR. (hereinafter "MCNEW") who resides at 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015, is an adult individual and the sole testamentary heir of Mary G. Stum, deceased. 2. Mary G. Stum, a resident of 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015, died of natural causes on November 4, 2011. 3. The decedent was not survived by a spouse. 4. A true and correct copy of the will of the decedent, confirming that MCNEW is the sole heir of the decedent, is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 5. The only assets of the decedent of any significant value were the following: (a) Her residence at 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015, which was assessed for real estate tax purposes at $100,200, and in which MCNEW resides; (b) A checking account at Orrstown Bank with a balance of $3,544.78; ~~~~ ~_~ : ?? --s ~ C'' "t E"i"l _.`3 i,~ i ,__., ~` :,y; _ c~ ~', (c) Joint interests with MCNEW in various motor vehicles, all of which were approximately twenty years old or older and of no substantial value; and (d) Seven firearms of no substantial value. 6. On October 23, 2012, MCNEW was appointed Administrator, c.t.a., of the Estate of Mary G. Stum. 7. Paragraph 2 of the will of decedent directs that the inheritance tax be paid from the residuary estate of decedent. 8. MCNEW wants to keep the residence of decedent in which he resided with decedent for many years prior to her death and in which he continues to reside. 9. MCNEW has been continuously employed as a mechanic at CRST since 2007. 10. MCNEW earns approximately $33,000 per year. 17. MCNEW is unable to afford to pay the fifteen percent inheritance tax on his inheritance but he could borrow the money to do so. 18. The only collateral that MCNEW has available to him to enable him to borrow the money to pay the inheritance tax is the real estate that he has inherited from decedent. 19. MCNEW will need title to the real estate that he has inherited from decedent in order to be able to pledge it as collateral for a loan to pay the inheritance. -2- WHEREFORE, Petitioner respectfully requests that your Honorable Court issue a decree awarding real estate to Petitioner pursuant to the provisions of § 3534 of the Probate, Estates and Fiduciaries Code of 1972, as amended. ~~~ Wayne F! Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Petitioner The statements in the foregoing Petition are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and, to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: October 23, 2012 ~~ ~ ~ ~ Paul D. McNew, Jr. WILL OF MARY G. STUM I, Mary G. Scum of Cumberland County, Carlisle, Pennsylvania, declare this to be my last Will and hereby revoke all prior Wills and Codicils. 1. I direct that all my just debts, funeral expenses, gravemarker and administrative expenses shall be paid from my residuary estate as soon as practicable after my death. 2. !direct that all inheritance, estate, transfer; succession and death taxes of any kind whatsoever which may be payable by reason of my death shall be paid out of my residuary estate. 3. I direct that my entire estate be distributed as follows: A. I direct that my entire estate go to Paul D. McNew, Jr. B. If Paul D. McNew, Jr. should predecease me, then I direct that my entire estate go to Donald Hippensteel. C. I do not wish to leave anything to my son, Robert Gardner. 4. I appoint Donald Hippensteel, as Executor of this my last Will. If Donald Hippensteel should predecease me or cease to act in such capacity, I appoint Daryl P. Stum as alternate. 5. The Executor of this Will shall have the power to distribute my estate in kind or in cash, or partly in either. 6. I direct that no Executor acting under this Will shall be required to enter bond in any jurisdiction. uw offices of TEPHEN J. HOGG 19 S. HANOVER STREET suITE tot CARLISLE, PA 17013 IN WITNESS WHER F, I ~ e hereunto set my hand this __ ~ ~ day of ~! , 2005. Mary C~ Stum ~G LJ`~ EXHIBIT "A" The preceding instrument consisting of this and one other page was on the day and date hereof signed, published and declared by Mary G. Stum as and for her last Will in the presence of us, who at her request. in her presence and in the presence of each other have subscribed our names as witnesses hereto. t / ESS TNESS uw offices of ;TEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ACKNOWLEDGMENT State of Pennsylvania County of Cumberland ss I, Mary G. Stum, the Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last Will; that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Mary Stum Swom to or affirm nd acknowle I d b re me by Mary G. Stum the Testatrix, this ~~ day of 2005. ' Pu uw offices of TEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 AFFIDAVIT State of Pennsylvania ss County of Cumberland We US(.~n, ~ and ~Cci ~_ ~~'~"the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of so d mind and under no constraint or ndue influence. S orn to or affirm and this day of __~~~ before me by witnesses, ~, 2005. Notary