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HomeMy WebLinkAbout03-20-13 Reset 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 13 0 331 Name: BETTY MARIE MACKEY File No: - a/k/a:-BETTY M.MACKEY (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 02/08/2013 Age at death: 79 Decedent was domiciled at death in CUMBERLAND County, PA (State)with his/her last principal residence at 800 SAND BANK ROAD,LOT 7,MT,HOLLY SPGS,PA 17065,DICKINSON TWSP.CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at THORNWALD HOME,CARLISLE,PA 17013 CARLISLE CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 0.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County 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 NOVEMBER 27,2007 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,eta) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,db.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.ta.,enter date of Will in Section A above and complete list 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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS 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(attach additional sheets,if necessary): Cl> rn Name Relationship Addr M C-> ;Aj C/) Form RW-02 rev.1011112011 Page 1 of 2 Oath of Personal Representative Official Use Only c � m COMMONWEALTH OF PENNSYLVANIA } � =3 r,> } SS: m x r> Cr) ^5 COUNTY OF CUMBERLAND N --I C-1,C-1,r $ m rvr ni Z CQ 70 Petitioner(s)Printed Name Petitioner(s)Print ddUesF. STEVEN C. MACKEY 410 WILDWOOD ROAD CARLISLE PA IROK' _I r,3 MICHAEL A.MACKEY 854 DOUBLING GAP ROAD,NEWVILLE, 17241 The Petitioner(s)above-named swears)or affirms)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of the Dece i, the Petitioner(s)will well and tr ty administer the estate according to law. Sworn to affirmed and subscribed before Date ,3— 7— /3 me this day . Date 7 _ / 3 By: Date For a Register Date BOND Required: ® YES © NO To the Register of Wills: FEES: Please enter my appearance by my signature below: co Letters . . . . . . . . . . . . . . . . . . . . . . $ � Attorney Signature: � ( 3 )Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: SUSAN J.H TMAN Commission. . . . . . . . . . . . . . . . . . Supreme Court Oth r ID Number: 65184 . . . . . .yi /ax /)Vefl t/, , , O"OO Firm Name: DUNCAN&HARTMAN, PC . . . . . . Address: 1 IRVINE ROW CARLISLE PA 17013 . . . . . Phone: 717-249-7780 Automation Fee. . . . . . . . . . . . . . . Fax: 717-249-7800 JCS Fee. . . . . . . . . . . . . . . . . . . . . 115.13-0 Email: cusan4dnncanhartmanlaw com TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of BETTY MARIE MACKEY File No: aWa: BETTY A. MACKEY AND NOW, 70 �d ,inconsideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to STEPHEN C. MACKEY&MICHAEL A. MACKEY in the above estate and(if applicable)that the instrument(s)dated NOVEMBER 7,2007 described in the Petition be admitted to probate and filed of rec rd s the last W'll(and Codic' s))of Decedent. LVJ Register of Wills Form Rw-oz .ev. 10/11120/1 jPa2 0 2 M r, C, 011� �"13 OATH OF SUBSCRIBING WITNESS E 5 Z7 7 � cn C-> CD -YN ..»�7 pf REGISTER OF WILLS cw z . CUMBERLAND COUNTY,PENNSYLVANIA Cn C> ry -� Estate of BETTY M. MACKEY , Deceased MARTHA L.NOEL AND SHARON L. SCHWALM , (each)a subscribing witness to (Print Name/s) the®Will ❑Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/'testatrix in her/his presence and in the presence of each other. (Sign ture) (kgnature) 60 WEST POMFRET STREET 60 WEST POMFRET STREET (Street Address) (Street Address) CARISLE, PA 17013 CARLISLE, PA 17013 (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before e this A? day of of Q - e Deputy for Register of Wills No ry Pu lic M Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. o w q6'"of PENNSYLVANIA Form RW-03 rev.10.13.06 raren CWW gd County eC.8,2015 MEMBER, WPM �� M]M tin H I 05.8U 11105. U- C\j .� CV Ea T WILL AND TESTAMENT 1'1�- C> C_ U- U- a_ ``=' era c� LU '• � I, �T1� &4MCKEY, of Dickinson Township, Cumberland County, Pennsylvania, C> � 40 � beef OUnd mind,Ztsposing 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. 1. I direct my Co-Executors to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. 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 of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Co-Executors from my estate, and that none of the aforesaid taxes shall be prorated among those persons named herein or are otherwise beneficiaries hereunder. 2. My Co-Executors may, at their discretion, compromise claims, borrow money, retain property for such length of time as they may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as they may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Co-Executors 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 Co- Executors are 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 Co-Executors. r 3. I give, devise and bequeath all of my estate of whatever nature and wherever situate in six(6) equal shares as follows: a. One-Sixth (1/6) to be divided equally between JILL ERICKSON and PENNY ERICKSON,daughters of Linda S. Davis, deceased; b. One-Sixth(1/6)to STEVEN C.MACKEY; c. One-Sixth(1/6)to MICHAEL A.MACKEY; d. One-Sixth(1/6)to DAVID B.MACKEY; e. One-Sixth(1/6)to RAYMOND J.MACKEY,JR.; and £ One-Sixth(1/6)to JANE MACKEY,wife of Barry L. Mackey, deceased. 4. I nominate and appoint STEVEN C. MACKEY, MICHAEL A. MACKEY and DAVID B.MACKEY to be the Co-Executors of this my Last Will and Testament. 5. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. 6. No Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 7. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 2 8. If any person 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 shall forfeit his or her entire interest inherited hereunder and all provisions in favor of such person shall be declared void and of no effect. The share of such person so forfeited shall be distributed as part of the residue pursuant to Paragraph No. 3, except that if such person is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary beneficiaries. 9. I hereby suggest that my personal representatives retain the services of Irwin & McKnight as attorneys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of November, 2007. (SEAL) -TTY M.MACKEY Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in our presence, who, at her request, in her presence and in the presence of each other have hereunto set our names as subscribing witnesses. Cue() � l t 3 ACKNOWLEDGMENT AND AFFIDAVIT WE, BETTY M. MACKEY, MARTHA L. NOEL and SHARON L. SCHWALM, 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. BET M.MACKEY MART"'- '- AkRT L. N L ff..L � ?-lei SHARON L. SCHWALM COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND : Subscribed, sworn to and acknowledged before me by BETTY M. MACKEY, the Testatrix herein, and subscribed and sworn to before me by MARTHA L. NOEL and SHARON L. SCHWALM,witnesses, this 27th day of November, 2007. Notary Public