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HomeMy WebLinkAbout09-13-13 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 IOU Name: MARGUERITE M.DOWNS File No: Q� -�v�9 a/k/a: (Assigned by a/k/a: a/k/a: Social Security No: 174-20-3681 Date of Death: August 2 2013 Age at death: 101 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (state) with his/her last principal residence at 100 Mount Allen Road 17055 MECHANICSBURG CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 100 Mount Allen Road 17055 MECHANICSBURG 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 $ 480,051.50 If not domiciled in Pennsylvania. .. . . ...... . ............ Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ... . .......... ...... . . . Personal property in County $ Value of real estate in Pennsyl vania...... .............. .. . .... ....... . ........... ........ .. . S TOTAL ESTIMATED VALUE. ... $ 480.051.50 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 Petitioners)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated JULY 17,2006 and Codicil(s) thereto dated State relevant circumstances(e.g.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. ( NO EXCEPTIONS Q EXCEPTIONS © B. Petition for Grant of Letters of Administration (If applicable) c.ta.,dAn., d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.e.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. 0 NO EXCEPTIONS ® 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,jfnecessary): Name Relationship Address C r-`' 'ro rti CID rJ C"% s r] C sD n C-0 -, Form ew-o2 re. 1011112011 Page I of 2 Q rn ? z; 1 u�oaly a Oath of Personal Representative 01156 _,3 C COMMONWEALTH OF PENNSYLVANIA } c3 c } SS: COUNTY OF CUMBERLAND Petitioner(s)Printed Name Petitioner(s)Printed Address BRIAN P.McCARTHY 5 HAZELWOOD PATH MECHANICSBURG PA 17050 The Petitioners)above-named swear(s)or affirm(s)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 Decedent,the Petiptione`r�s)�will well and truly administer the estate according to law. Sworn to rimed a ub ri d be e C /d n/ / �CGA2TFl� Date SHPT�3r�?aL3 me thi d y o Date y Date or rh s,er to Date BOND Required: 0 YES (j) NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 410.00 Attorney Signature: ( 7) Short Certificate(s). . . . . . 35.00 ( 0)Renunciation(s).. . . . . . . . 0.00 ( 0) Codicil(s). . . . . . . . . . . . . 0.00 ( 0)Affidavit(s).. . . . . . . . . . . 0.00 Bond.. . . . . . . . . . . . . . . . . . . . . . . 0.00 Printed Name: Mark A.Hipple Commission. . . . . . . . . . . . . . . . . . 0.00 Supreme Court th . . . . . . � Firm Number: Artell (jo . . Firm Namc: AKell Law Group,LLC -TO_ Address: 4098 De=Street . . . . . . . . Harrisburg,PA 171 1 1 . . . . . . Phone: (717)238-4060 Automation Fee. _ 5.00 Fax: (717)614-1711 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: mark @arfell-law rnm TOTAL, $ - 516,50 DECREE OF THE REGISTER / Estate of MARGUERITE M.DOWNS File No: a/k/a: AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to BRIAN P.McCARTHY in the above estate and(if applicable)that the instrument(s) dated JULY 17 2006 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. Register of Wills Form RW-02 rev. 10/11/2011 Page 2 of 2 H 105 805 REV(912 1) - » X5 LAST WILL AND TESTAMENT 0� MARGUERITE M. DOWNS T,MARIGUERITEM. DOWNS, now domiciled in Cumberland County, Pennsylvania, dcclarcl his-to W-my Last Nill and Testament. I revoke all other wills and codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article 11 All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath my tangible personal property in accordance with any memorandum I have handwritten or signed, located with my will or with my valuable papers and found within 30 days of the probate of my will. Gifts may only be to persons who survive me or to organizations which exist at my death,, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Article V hereof. Article IV I give,devise and bequeath any refund due to my estate pursuant to the terms of my contract with Messiah Village,or its successor(s), for my apartment located at 809 Oak Oval, Mechanicsburg, Pennsylvania. Article V All the rest,residue and remainder of my estate,of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows: A. TEN PERCENT (10%) to ST. JOSEPH'S ROMAN CATHOLIC CHURCH, or its successor(s), of Mechanicsburg, Pennsylvania, for the purpose of maintaining the church and school; B. FIVE PERCENT (5%) to CUMBERLAND-PERRY ASSOCIATION OF RETARDED CITIZENS, or its successor(s), of 71 Ashland Avenue, Carlisle, Pennsylvania, 17013, to be used as it determines best; 2 � t C. FIVE PERCENT (5°to) to my sister-in-law, DOROTHY McCARTHY, of Harrisburg, Pennsylvania, if she survives my death by thirty days. If she fails to so survive my death, her share shall be distributed to her issue, Per Stirpes. D. TEN PERCENT (10%) to my sister-in-law, ELEANOR WHARTON, of Lewistown, Pennsylvania, if she survives my death by thirty days. If she fails to so survive my death, her share shall be distributed to her issue,Per Stirpes. E. TEN PERCENT (10%) to my niece, PATRICIA JOHNSON, of Nola, Louisiana, if she survives my death by thirty days. If she fails to so survive my death, her share shall be distributed to her issue, Per Stirpes. F. TEN PERCENT(10%) to my nephew, LEO McCARTHY, of Charleston,West Virginia, if he survives my death by thirty days. If he fails to so survive my death,his share shall be distributed to his issue,Per Stirpes. G. TEN PERCENT (10%) to my niece, JANET WILHELM, of Harrisburg, Pennsylvania, if she survives my death by thirty days. If she fails to so survive my death, her share shall be distributed to her issue, Per Stirpes. H. TEN PERCENT (10%) to my nephew, KEVIN McCARTHY, of Carlisle, Pennsylvania, if he survives my death by thirty days. If he fails to so survive my death,his share shall be distributed to his issue, Per Stirpes. 1. TEN PERCENT (10%) to my nephew, JOHN McCARTHY, of Plains, Pennsylvania, if he survives my death by thirty days. If he fails to so survive my death,his share shall be distributed to his issue,Per Stirpes. 3 J. TEN PERCENT (10%) to my nephew, JAMES McCARTHY, of Dallas, Pennsylvania, if he survives my death by thirty days. If he fails to so survive my death, his share shall be distributed to his issue,Per Stirpes. K. TEN PERCENT (10%) to my nephew, BRIAN McCARTHY, of Mechanicsburg, Pennsylvania, if he survives my death by thirty days. If he fails to so survive my death, his share shall be distributed to his issue,Per Stirpes. Article VI I nominate, constitute and appoint ,ny_ — _W41156, of Cumberland County, Pennsylvania as Executor of my Last Will and Testament. I direct that my Executor be permitted to serve without bond. In addition to those powers granted by law, I grant him power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed if living. My Executor shall receive reasonable compensation for services rendered to my estate. Article VII In addition to the powers conferred by law, I authorize my Executor, in his absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to;legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, 4 (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and 0) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, MARGUERITE M. DOWNS, hereby set my hand to this my Last Will and Testament, on 7 �'0� , 2006, at Harrisburg, Pennsylvania. MARG RITE M. DOWNS In our presence, the above-named MARGUERITE M. DOWNS signed this and declared this to be her Last Will and Testament and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Name Address \_Y)14b5-,109 2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110 2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110 5 4 I, MARGUERITE M. DOWNS, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and Acknowledged before me by MARGUERITE M. DOWNS,the Testatrix on 2006. C) otar Public MARGU TE M. DOWNS MONWEALTH OF PENNSYLVANIA Notarial Seal Ma'ielle F. Hazen, Notary Public Susquehanna Twp., D�PIrin County My Coamtsaron Expires . 23, 2006 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and Subscribed to before me by - ? _ QQPc Qr mCJ and 1 E(.s5� / Witn s witnesses, on 2006. Witness Kota6 Public C MONWEALTH OF PENNSYLVANIA Notarial Seal Morielle F. Hazen, Notary Public Susquehatna 7Wp...Dauphin 6 My Commission Expires Sept. 23,