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HomeMy WebLinkAbout04-08-13 1 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 21+Ig- Name:.ROBERT B.McDADE File No: aWa: (Assigned by Register) aWa: &Wa: Social Security No: Date of Death: 03/25/2013 Age at death: 81 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last principal residence at 49 HONEYSUCKLE DR.MECHANICSBURG 17050 SILVER SPRING TWP CUMBERLAND Street address,Post Office and Zip-Code City,Township or Borough County Decedent died at 49 HONEYSUCKLE DRIVE,MECHANICSBURG 17050 SILVER SPRING TWP 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 $ 40,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 1 60,000.00 TOTAL ESTIMATED VALUE. ... $ 200.000.00 Real estate in Pennsylvania situated at: 49 HONEYSUCKLE DR MECHANICSBURG 17050 SILVER SPRING TWP CUMBERLAND (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 16,2012 and Codicil(s) thereto dated State relevant circumstances(eg.renunciation,death of executor,etc.) 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. 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.t.m or d b.n.c.t a.,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. Q NO EXCEPTIONS,Q EXCEPTIONS rte, Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fa spouse(may)ate!hs(attach additional sheets,if necessary): zo r" C7 C" v -v a Name Relationship d ssr" --4 C:7 Ct? co ;�10 C C �>. C. ITT Form RW-02 rev.10/11/2011 Page 1 of 2 CA M Oath of Personal Representative r-- OPcial Use Onlyr�}, ' r COMMONWEALTH OF PENNSYLVANIA N- } SS: COUNTY OF CUMBERLAND CD =e; Petitioner(s)Printed Name Petitioner(s)Printed Address TIMOTHY J. SNOOK 130 MILL ROAD SHERMANS DALE PA 17090 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are t e and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Deced t,t Petit'o er(s� ill l and tru y administer the estate according to law. Sworn to trme4ndsubscribed befor Date th' dam o Date By: Date 0ort , egister Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 260.00 Attorney Signature: ( 2 ) Short Certificate(s). . . . . . 10.00 ( )Renunciation(s).. . . . . . . . -I ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: R06 - B. IRWIN,ESQUIRE Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 6282 WILL . . . . . . . . 15.00 INH TAX RETURN . . . . . . . . 15.00 Firm Name: IRWIN&McKNIGHT,P.C. INVENTORY . . . . . . . . 15.00 Address: 60 WEST POMFRET STREET . . . . . . • • CARLISLE,PA 17013 . . . . . . Phone: (717)249-2353 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-6354 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 343.50 DECREE OF THE REGISTER Estate of ROBERT B. McDADE File No: � a/k/a: 1 AND NOW, ' (,�/� , in consideration of the foregoing Petition, satisfactory proof havi g been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to TIMOTHY J. SNOOK in the above estate and(if applicable)that the instrument(s)dated NOVEMBER 16,2012 described in the Petition be admitted to probate and filed of record 4s the last Wi 1(and Codicil(�))of Decedent. egister of Wills �/401��, f. Form RW-02 rev. 10/11/2011 �`` 5(age 2 of 2 L w rn LAST WILL AND TES TAM Q C> CD -- -n c� C> - :- -� C-- e"> C-0 rW- rat I, ROBERT B. McDADE, of Silver Spring Townshij; Cumbe@nd Otamnty, 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. 1. I direct my Executor or Substitute Executrix, as the case may be, 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 Executor or Substitute Executrix from my estate, and that none of the aforesaid taxes shall be prorated among those persons or entities named herein or otherwise beneficiaries hereunder. 2. My Executor or Substitute 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. 3. I authorize and empower my Executor or Substitute 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 Substitute Executrix is 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 Substitute Executrix. 4. I give, devise and bequeath all of my estate of whatever nature and wherever situate as follows: a. Fifty Percent(50%)thereof to TIMOTHY J. SNOOK; b. Thirty-Seven and One-Half Percent(37.5%)thereof to BARBARA A. DEITRICH; and c. Twelve and One-Half Percent(12.5%)thereof to SHIRLEY BRYNER and WILLIAM SHARTZER, share and share alike. 5. I nominate and appoint TIMOTHY J. SNOOK to be the Executor of this my Last Will and Testament. In the event he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint KRISTAN M. SNOOK to be the Substitute Executrix of this my Last Will and Testament with the same powers as are given to the original Executor hereunder. 6. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. 7. No Executor or Substitute Executrix acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 2 8. 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. 9. 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. 4 hereof, as the case may be, except that if such person is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary beneficiaries. 10. I hereby suggest that my personal representative retain the services of Irwin & McKnight, P.C. as attorneys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of November 2012. G (SEAL) ROBERT B. McDADE 3 Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other have hereunto set our names as subscribing witnesses. 4 ACKNOWLEDGMENT AND AFFIDAVIT WE, ROBERT B. McDADE, MARTHA L. NOEL and SHARON L. SCHWALM, the Testator and witnesses respectively, whose names are signed to the foregoing 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 that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of their knowledge the Testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. R RT B. cDADE MARTiJ4 L. N EL SHARON L. SCHWALM COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ROBERT B. McDADE, the Testator herein, and subscribed and sworn to before me by MARTHA L. NOEL and SHARON L. SCHWALM, witnesses, this 16th day of November 2012. tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal 5 Roger B.Irwin,Notary Public Carlisle Boro,Cumberland County My Commission Expires Oct.3,2016 MEMBER,PENNSYPIANTA ASSOCIATION OF NOTARIES