HomeMy WebLinkAbout03-11-13
IN RE: ESTATE OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY G. STUM, Deceased : ORPHANS' COURT DIVIWN M
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NO. 21-12-121 co
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PETITION FOR DECREE AWARDING REAL .S` A<TE:,.
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TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of PAUL D. McNEW, JR., by his attorney, Wayne F. Shade,
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 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;
(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. On November 21, 2012, your Honorable Court in the person of the Honorable
Christylee L. Peck, J., issued an Order herein, a copy of which is attached hereto and
incorporated herein by reference as though fully set forth.
8. Copies of proofs of publication of advertisement of the issuance of Letters of
Administration in the Cumberland Law Journal and The Sentinel are attached hereto and
incorporated herein by reference as though fully set forth.
9. After advertisement of the issuance of Letters of Administration, no claims
were filed by general creditors, so that the only outstanding claims are the claims of the
Pennsylvania Department of Revenue for Pennsylvania inheritance tax in a yet to be
determined amount and the claim of Wayne F. Shade, Esquire, for counsel fees in a yet to
be determined amount.
10. There were no Pennsylvania Department of Public Welfare liens.
11. The only other unpaid claim is personal loan account # 160035364 at
Orrstown Bank in the amount of $2,022.60 plus interest from the date of death which is
admitted and which will be paid by Petitioner from the proceeds of the intended refinance
of the real estate at Orrstown Bank.
-2-
12. Paragraph 2 of the Will of decedent directs that the inheritance tax be paid
from the residuary estate of decedent.
13. 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.
14. MCNEW has been continuously employed as a mechanic at CRST since
2007.
15. MCNEW earns approximately $33,000 per year.
16. MCNEW is unable to afford to pay the fifteen percent inheritance tax on his
inheritance and the other claims, but he could borrow the money to do so.
17. 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.
18. 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.
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.
oW4
Wayn F. Shade, Esquire
Supreme Court I.D. # 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Petitioner
-3-
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: March 8, 2013
Paul D. McNew, Jr.
WILL OF
MARY G. STUM
I, Mary G. Stum of Cumberland County, Carlisle, Pennsylvania,
declare this to be my last Will and hereby revoke all prior Wills and
Codicils.
1. 1 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. I 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. 1 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. 1 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. 1 direct that no Executor acting under this Will shall be
required to enter bond in any jurisdiction.
IN WITNESS WHER "F,le hereunto set my hand this
day of , 2005.
LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET ary Stum
SUITE 101
CARLISLE, PA 17013 'ec
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.
4IT a.
NESS WITNESS
LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
ACKNOWLEDGMENT
State of Pennsylvania
ss
County of Cumberland
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.
zq
Mary Stum
Sworn to or affirme nd acknowle d b re me by Mary G.
Stum the Testatrix, this day of ,
2005.
Not Public/Alto
AFFIDAVIT
State of Pennsylvania
ss
County of Cumberland
WeSo 5an,K (!Ae and L~~ T~ .tai 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 scribed before me by witnesses,
this day of , 2005.
LAW OFFICES OF
STEPHEN J. HOGG Notaryublic/Attorn
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
IN RE: L;STA"rE OF : IN TH COURTOF COMMON PLEAS OF
MARY G. STUM, CUMBERLAND COUNTY, PENNSYLVANIA
Deceased ORPHANS' COURT DIVISION
NO. 21-12-121
IN-R-11": PETITION FOR DECREE AWARDING REAL I S'rATE
ORDER OF COURT
AND NOW, this 21s` day of November, 2012, upon consideration of the Petition
for Decree Awarding Real Estate, the petition is denied without prejudice to retile a
petition any time after four months from the first complete advertisement of the original
or-rant of letters, and at which time the petition shall include: (1) proof of the
advertisement; and (2) a list showing the nature. amounts and preferences of all unpaid
claimants against the estate and indicating which claims are admitted.
BY TILT: COURT,
Christyle L. Peck, J.
Wayne F. Shade, Esq.
13 West Pomfret Street
r' Carlisle, PA 17013
Attorney for Petitioner
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A TRUE COPY FROM RECORD , ~'0 T"tirnony whsrof, t hereunto
aet My hwW mid the seat
Of sW d CQuft At Carkle, PA
~M*L1 LI ay of
Cie* of the Orphans Court
Cumbertand County
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly
sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the
Borough of Carlisle, County and State aforesaid, was established December 13th, 1881,
since which date THE SENTINEL has been regularly issued in said County, and that the
printed notice or publication attached hereto is exactly the same as was printed and
published in the regular editions and issues of
THE SENTINEL on the following day(s):
October 26, November 2 & 9 2012
COPY OF NOTICE OI: PUBLICATION
ADMtNf_ _g7 RATnp C"T.A. NgTICE
Affiant further deposes that he/she is not
Letters Of Administration onflreEffita Of MARY G. 3TUM, laigal{he
Township of Dickinson , Cumberland County, Pennsylvania, deceased,
have been gsanted to Paul D McNew, Jr. Interested in the subject matter of the
l NNrsons ro•.,,ty tnemsestves to be indebted to said Estate shall make aforesaid notice or advertisement, and that
PaYMOnt settlement to, lately and those having claims will present them for all allegations in the foregoing statement as
Paul D,McNew,it to time, place and character of publication
1058 Atezander Spr ng Road are 1yne t~ tt e.
Carlisle. PA 17015
mfr et Esquire
west Pomtrei street
aris'° PA 17413
hRCmey
Sworn to and subscr'bed before e this
Notary Public
My commission expires:
'.711 -.a
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
November 2. November 9, and November 16, 2012
Affi.ant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
is Mari Coyne, itor
SWORN TO AND SUBSCRIBED before me this
16 day of November. 2012
r
sty, X027 Q., decd. Notary
Late of the Township of Dicidnam.
Administrator c.t.a.: Paul D. Mc-
New, Jr., 1058 Alexander Spring
Road, Carlisle, PA 17015.
Attorney: Wayne F. Shade, Es-NOTARIAL SEAL
quire, 53 West Pomfret Street, RAH A COLLINS
Carlisle, PA 17013. otary Public
GH. CUMBERLAND COUNTY
on Expires Apr 28, 2014