HomeMy WebLinkAbout10-17-13 [CC)
Commonwealth of Pennsylvania
County of Franklin, ss:
I, Roger A. Picking, Deputy , REGISTER OF WILLS
in and for the County and State aforesaid, DO HEREBY CERTIFY that the within
and foregoing is a true and correct copy of the original Last Will and Testament, Grant
of Letters and Petition for Probate of Patricia Mangan aka Patricia A Mangan aka
Patricia Reid Mangan aka Patricia R. Mangan deceased, as filed of record on
April 8, 2013 on Instrument Number 201307655 and 201307656 in the Register's Office
for the County of Franklin, Pennsylvania.
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IN TESTIMONY WHEREOF, I have here-
unto set ply hand and seal of my office at
bersbur o s day April 25'h 2013
Regime r
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Inst. # 201307655 - Page 1 of 12
REGISTER OF WILLS
Certificate of Grant of Letters
r No.: 2813-0227
ESTATE OF: PATRICIA MANGAN AKA
PATRICIA A MANGAN AKA
� PATRICIA REID MANGAN AKA
PATRICIA R MANGAN, deceased
Social Security No:
WHEREAS, on the 8th day of April, 2013 instruments dated February 2, 2004
was(were)admitted to probate as the last will of Patricia Mangan Aka Patricia A
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Mangan Aka Patricia Reid Mangan Aka Patricia R Mangan late of Guilford Township,
Franklin County,who died on the 29th day of January,2013 and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I,Linda Miller,Register of Wills in and for the County of
Franklin,in the Commonwealth of Pennsylvania,hereby certify that I have this day
' granted Letters Testamentary to Mariellen Mangan,445 Freedom View Lane,
Phoenixville,PA 19460 who has duly qualified as Executrix and has agreed to administer
the estate according to the law,all of which fully appears of record in my Office at
Chambersburg,Franklin County Courthouse, Chambersburg,Pennsylvania.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal
of my office the 8th day of April,2013.
Register of Wills
i
Deputy
l inda -'Al iffier
Register of Wills
My Commission Expires First Monday,January 2016
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REGI=1rEi,. AND RECORDER
' PENNSYLVA4IH
WILL In_i Num: ' o,165s
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PATRICIA MANGAN x;
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1, PATRICIA MANGAN, declare this to be my last Will and
revoke all prior Wills and Codicils.
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ARTICLE I. EXPENSES OF LAST ILLNESS
AND FUNERAL
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I direct the payment of the expenses of my last illness and
funeral.
ARTICLE II. GIFT OF HOUSEHOLD AND r
j PERSONAL EFFECTS
Clause 1. Gift to Children. I give my
automobiles, household and personal effects, and other tangible personal
property of like nature not otherwise specifically disposed of by this Will,
together with all property and casualty insurance thereon and claims with
regard thereto, in substantially equal shares to my children,
PATRICK CHARLES MANGAN, JR., TIMOTHY P. MANGAN and
MARIELLEN MANGAN, who survive me; provided, however, that if a child
i does not survive me, but is survived by issue who survive me, such child's
share shall be distributed to his or her issue who survive me, per stirpes. Any
distribution shall be made in such manner as the beneficiaries shall agree, or, if y
the beneficiaries shall be unable to agree on such distribution, as my Personal
Representatives in their discretion shall determine.
Clause 2. Includable Propertx. Household and
personal effects, and other tangible personal property of like nature, shall not
include cash or securities, and if there is any doubt or dispute as to which items
of personal property are disposed of by this Article, I give my Personal
Representatives discretion to determine the property included herein.
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Clause 3. Gift to Minor. If a beneficiary is a
minor, my Personal Representatives shall represent the minor for purposes of
determining the distribution to which the minor is entitled pursuant to this
y Article. Any property to which a minor becomes entitled may, in the discretion
of my Personal Representatives, be delivered, or be sold and the proceeds
delivered, without bond, to the minor or to an individual acting on behalf of the
minor, as my Personal Representatives in their discretion select and a receipt by
the minor or such individual, as the case may be, shall be a complete release of
such Personal Representatives.
Clause 4. Liens and Encumbrances. I direct my
Personal Representatives to satisfy all liens and encumbrances on the property
passing under this Article which are not satisfied by credit life insurance on
such liens or encumbrances, as if they were debts of my estate.
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Clause 5. Packing. I direct that all reasonable
expenses, including, but not limited to, packing, transportation and insurance
expenses, incurred in connection with the distribution of the property passing
under this Article shall be paid by my Personal Representatives as if they were
administration expenses.
ARTICLE III. PROVISION FOR TAXES
Clause 1. All Taxes payable because of my
death with respect to property passing under this Will or which are attributable
to gift tax included in my estate pursuant to Section 2035(b) of the Internal
Revenue Code shall be paid from my estate as if such Taxes were
administration expenses.
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Clause 2. All Taxes payable because of my
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death with respect to property not passing under this Will shall be apportioned
and paid as provided by law. Nothing herein shall be construed to limit the
right of my Personal Representatives to recover Taxes with respect to property
not passing under this Will.
Clause 3. Property distributed pursuant to the
exercise of any power of appointment or beneficiary designation shall not be
considered as passing under this Will unless such property is distributed to or
payable to my estate.
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Clause 4. As used herein, the term "Taxes"
means all estate, legacy, inheritance, succession, transfer and other death taxes,
including any interest and penalties. f
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ARTICLE IV. DISPOSITION OF RESIDUE OF
I.
OF ESTATE
Clause 1. Subject to the foregoing, I give all the
rest, residue and remainder of my estate, real and personal, in equal shares to
my children, PATRICK CHARLES MANGAN, JR., TIMOTHY P. MANGAN,
and MARIELLEN MANGAN, who survive me; provided, however, that if a :
' child does not survive me,but is survived by issue who survive me, such child's
3 share shall be distributed to his or her issue who survive me,per stirpes. r
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Clause 2. Upon my death if there be no issue of
mine who survive me, distribution shall be to the persons who would be entitled
to inherit the same from me in accordance with the laws of the State of
Pennsylvania then in force, as if I had died intestate, owning said property and a
domiciliary of such State. .
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ARTICLE V. PROTECTIVE PROVISION `
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No interest under this Will, whether in income or,principal,
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shall be subject to anticipation, assignment, pledge, sale or transfer in any
manner. No beneficiary shall anticipate, encumber or charge such interest, nor
shall any such interest, while in the possession of my Personal Representatives, F
be liable for or subject to the debts, contracts, obligations, liabilities or torts of
any beneficiary.
ARTICLE VI. DISABILITY OF BENEFICIARY
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Clause 1. Anything in this Will to the contrary
notwithstanding, if any beneficiary under this Will is under the age of Twenty-
: five (25) years, or is determined by my Personal Representatives in their
discretion to be physically or mentally incapable of properly using any property
or income which he or she otherwise would receive pursuant to this Will, my
Personal Representatives may:
(a) Pay such property or income to a
parent, grandparent or guardian of the property or estate of such beneficiary, or
to a person acting in a fiduciary capacity for the benefit of such beneficiary; a
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(b) With respect to any beneficiary who is
has not attained the age of majority, deposit such property or income in a
federally-insured, interest-bearing account in a bank or other savings institution
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of my Personal Representatives' choosing, payable to the beneficiary upon
attaining the age of majority;
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(c) Distribute such property or income to
a custodian for the beneficiary's benefit under the Uniform Transfers to Minors E
Act or any similar law, payable to such beneficiary upon attaining such age as
shall be determined by my Personal Representatives [but no later than the time
the beneficiary attains the age of Twenty-five(25) years]; or
if
(d) Hold such property or income, IN r
TRUST, for such beneficiary and apply without the intervention of a guardian
all or part of the income and/or principal thereof as in their opinion is necessary
for the health, support, education and maintenance of such beneficiary, until the
later to occur of such beneficiary attaining the age of Twenty-five (25) years or
the determination by my Personal Representatives in their discretion that such #
beneficiary is physically and mentally capable of properly using such property C
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' or income. If the beneficiary for whom my Personal Representatives are
holding such property shall die before the entire remaining balance of the trust
created under this Article has been distributed to the beneficiary, distribution k:
shall be to the estate of the beneficiary.
Clause 2. My Personal Representatives shall be
fully discharged from liability upon obtaining receipts from persons to whom t
'? distributions are made pursuant to this Article.
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ARTICLE VII. SURVIVAL PROVISION
If any beneficiary under this Will shall fail to survive me
by a period of at least Sixty(64) days, such beneficiary shall be deemed to have
predeceased me. ,
ARTICLE VIII. POWERS OF PERSONAL
REPRESENTATIVES
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Subject to any specific direction in this Will and in
addition to the powers vested in them by law and other provisions of my Will,
all Personal Representatives serving hereunder at any time in administering my
estate shall have the following powers, exercisable in their discretion without
court approval and effective until actual distribution of all property: f
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Clause 1. Proerty Retention, Investments and
Loans. To retain any or all property; to invest in all types of investments
permissible by law, including but not limited to stock in closely held
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corporations and/or Subchapter "S" corporations, .limited and general
partnership interests, joint ventures, limited liability companies and other
business entities; and to make loans to any person, including any Personal is
Representative or beneficiary.
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Clause 2. Use of Nominee. To hold shares of r
F stock or other securities in nominee registration form, including that of a
clearing corporation or depository, or in book entry form or unregistered or in
such other form as will pass by delivery.
Clause 3. Disposition of Pro e With regard
to any property and for such prices and upon such terms as they determine: to
exchange or sell at public or private sale; to lease for any period of time, even
though the term may extend beyond the conclusion of the administration of my '.
estate; and to give options for any such sales, exchanges or leases.
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Clause 4. Borrow Money and Pledge Pro a :
To borrow money from any person, including any Personal Representative, and
in connection therewith, to mortgage or pledge any property.
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Clause 5. Compromise Claims and Make
Disclaimers. To compromise any claim or controversy and to make and file
disclaimers for me or my estate without Court authorization. F
Clause 6. Abandonment of Property.. To abandon
any property for any reason they deem proper. h
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Clause 7. Distribution. To distribute property,
including income or principal, in cash and/or in kind and to allocate specific e
assets among the beneficiaries in such proportions as my Personal
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Representatives think best. Y.
Clause 8. Employment of Others. To engage
attorneys, accountants, custodians, investment counsel and other persons as
they deem advisable in the administration of my estate, and to make payment
therefor as they determine.
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Clause 9. Apportionments. Notwithstanding that g
the size of the gift or interest passing to any beneficiary or trust may be 4;
affected, to allocate receipts, income, administration and other expenses and
disbursements, to principal or income, or partly to each, as my Personal
Representatives, at any time and from time to time, in their discretion may 6
determine, or otherwise in accord with applicable law, and this power to
allocate shall include, but not be limited to, stock, extraordinary and liquidating :
dividends, premiums and discounts on investments, compensation for
professional and other personal services, and gain or loss on disposition of
assets.
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Clause 10. Elections Relating to Taxes. Notwith-
standing that additional tax burdens may result, or that the size of the gift or
interest passing to any beneficiary or trust may be affected by increased taxes {
payable as a result of the exercise or nonexercise of any of the following
powers:
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(a) To consent to, or to affirmatively
refuse to consent to, the election by any corporation of taxable status under
Subchapter S of the Internal Revenue Code or any similar provision.
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(b) To elect alternate valuation of my
3 estate under Section 2032 of the Internal Revenue Code or any similar `
provision.
(c) To exercise any option provided by {
law to treat administration or other expenses, whether paid from principal or
from income, as items of deduction for either Federal Income Tax or Federal
Estate Tax purposes, without requiring reimbursement for any resulting increase
in tax, provided, however, that if any Personal Representatives are not i
beneficiaries, they shall be solely responsible for the exercise of this power. t:
(d) To allocate any federal exemption r
from the federal generation skipping transfer tax to any property with respect to
which I am the transferor for purposes of said tax (whether or not such property
is included in my probate estate) and to exclude any such property from such
allocation.
Clause 11. Business Interests. With regard to any i
business interests owned alone or with others, whether incorporated or not:
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(a) To conduct any such business, for
i whatever period of time they deem proper, with all powers of an owner with
respect thereto, including, without limitation, the power to borrow money and
pledge estate property as security therefor, or to delegate such powers to
partners,managers or employees.
(b) To dispose of any interest therein or
any assets thereof, at public or private sale, upon such terms and conditions as
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they deem proper. �±
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(c) To form partnerships, corporations, t
joint ventures, limited liability companies and other business entities in any
jurisdiction, to conduct such business and to transfer any trust property as
capital thereof or as loans thereto. `
(d) To employ, elect or permit to be
s` retained any Personal Representative as a director, officer or employee of such
business entity.
Clause 12. Execution of Documents. To execute
and deliver any and all documents and instruments which they in their
discretion may deem advisable.
Clause 13. General Authori1y. To perform all
acts, institute such proceedings and exercise all rights and privileges, although
not herein specifically mentioned, with relation to any property, as if the
absolute owners thereof.
Clause 14. Withdrawal Authori Upon unanimous :
written agreement, my Personal Representatives may authorize any one or more
than one of the Personal Representatives to sign checks and other instruments to �.
make withdrawals from any checking, savings, money market, brokerage or '
other account.
ARTICLE IX. PROPERTY OF MINORS
Clause 1. I appoint my Personal Representatives
Guardians of any property which passes to a minor other than under the terms
of this Will and with respect to which I am authorized to appoint a guardian and
have not otherwise specifically done so.
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Clause 2. In addition to the powers given by
law, I authorize the Guardians to use such amounts of both income and
principal as they, in their discretion, deem proper for the support, education and t;
maintenance of such minor, without leave of any court, and give the Guardians
such powers as are given to Personal Representatives in this Will.
Clause 3. The Guardians shall not be required to E'
give bond or furnish sureties in any jurisdiction.
ARTICLE X. SUCCESSOR CUSTODIAN
R S.
If, at the time of my death, I have not designated a
successor custodian of any property of which I am custodian under the Uniform
Transfers to Minors Act or any similar law, I direct my Personal
Representatives to designate my successor.
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ARTICLE XI. APPOINTMENT OF PERSONAL
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REPRESENTATIVES
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Clause 1. Appointment. I appoint my daughter,
MARIELLEN MANGAN, Personal Representative of this Will.
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Clause 2. Successors.
(a) Should my daughter, MARIELLEN
MANGAN, fail to qualify or cease to act as such Personal Representative I
appoint my son, PATRICK CHARLES MANGAN, JR., and my son,
TIMOTHY P. MANGAN, to serve in her place.
(b) Thereafter, should any individual f
Personal Representative fail to qualify or cease to act he or she shall be
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replaced in such office by such individual as he or she may in writing designate,
and in default of such designation, by such individual as may be designated by
the remaining individual Personal Representative.
Clause 3. Waiver of Security. No Personal
Representative shall be required to give bond or furnish sureties in any
jurisdiction.
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Clause 4. Transactions with Related Persons or
Entities. My Personal Representatives may enter into any contract or other
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transaction with any entity in which any one or more of them has any interest as
a proprietor, fiduciary,beneficiary,partner, stockholder, director or officer.
Clause 5. Responsibility of Individual Personal
Representatives. No individual Personal Representative shall have any liability
except for his or her own dishonesty, gross negligence, or the wilful
commission of an act known by him or her to be a breach of trust. r
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Clause 6. Addition of Corporate Personal
Representative. Individual Personal Representatives, by unanimous agreement r
in writing, shall have the right to appoint a corporate Personal Representative
qualified to serve with them as a Personal Representative of this Will, and may
enter into an Agreement with such corporate Personal Representative regarding
the terms, conditions and amount of its compensation.
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Clause 7. Removal of Corporate Personal }
Representative. Individual Personal Representatives, by unanimous agreement p
in writing, shall have the right to remove any corporate Personal Representative
and upon such removal, may designate a successor corporate Personal
Representative to serve with them.
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Clause 8. Resign tion of Personal Representatives.
Any Personal Representative serving hereunder shall have the right to resign
from such office at any time with or without cause.
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ARTICLE XII. CONSTRUCTION }
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Clause 1. As used herein, wherever the context
requires or permits, the gender and number of words shall be interchangeable;
persons adopted while minors shall be treated as though they were natural born
children of their adoptive parents; beneficiaries shall include legatees and
devisees; Personal Representatives shall include all Personal Representatives, r
Executors and Administrators serving hereunder at any time; the word
"discretion," unless otherwise expressly limited herein, shall mean the sole and h
absolute right, power and authority to make a determination which shall not be
subject to question by any person and shall be conclusive and binding on all
{ persons; no anti-lapse or other statute regarding devolution of property shall
apply to any gift hereunder which is conditioned upon survival of the
beneficiary of such gift; and any reference to the Internal Revenue Code shall
refer to the Internal Revenue Code of 1986, as amended, or any successor 's
provisions thereto.
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Clause 2. All headings preceding the text of the
several Articles, Clauses and Sub-paragraphs hereof, are inserted solely for
' reference and shall not constitute a part of this Will, nor affect its meaning,
construction or effect.
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IN WITNESS WHEREOF, I, PATRICIA MANGAN, have set my
hand and seal to this, my last Will consisting of Ten (10) P a es, this
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day of , Two Thousand Four(2004).
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(SEAL)
ATRICIA MANGAN
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SIGNED, SEALED, PUBLISHED and DECLARED by
PATRICIA MANGAN, Testatrix, as and for her Last Will and Testament, in the
presence of us, who, at her request, in her presence and in the presence of each
other, all being present at the same time, have hereunto subscribed our names as
witnesses.
BLANK ROME LLP E 200
1620 POND ROAD, SUIT
ALLENTOWN,PA 18104-2255 5
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BLANK ROME LLP
1620 POND ROAD, SUITE 200 r
(� ALLENTOWN,PA 18104-2255
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STATE OF PENNSYLVANIA
SS
COUNTY OF LEHIGH
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We, the undersigned, do hereby declare to the undersigned
authority that the Testatrix signed and executed the foregoing instrument as her
last Will in the presence and hearing of the witnesses and that she had signed
willingly and that she executed it as her free and voluntary act for the purposes k
therein expressed, and that each of the witnesses, in the presence and hearing of
the Testatrix, and each other, signed the Will as witness and that to the best of
their knowledge, the Testatrix was at that time Eighteen (18) years of age or
older, of sound mind and under no constraint or undue influence.
PATRICIA GAN
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WITNESS
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Subscribed, sworn to and acknowledged before me by PATRICIA
MA GAN, the Testatrix, and subscribed and sworn to before me by
Lev
Ot and Dri �i�J
witnesses, this 2q da3qf U, 2004.
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Notary Publ'
Notarial Seal \.. • . . ., �i� %
Sandra K.Kerri Notary Public ,` \
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South Whitehaii Up.,Lehigh County �'• ,; ',
My CommissiOn E=xpires Feb.22,2005 .� 6�k'
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Member,PennsyivanfaA*sooiat.ojoiNotaries
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Reseta u
s 04108/20/3 5:31.:43 AM
PETITION FOR GRANT OF LETTERS F.'EO._T CF. A C RHOROER
FR. RLIN %OUNTY
REGISTER OF WILLS OF FRANKLIN COUNTY,PENNSYLVANIA PENN_SYLJANIA
Inst NUM: 201307656
a 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
Name: Patricia Mangan File No: ZIR 13- 0 2-27
a/k/a: Patricia A.Mangan (Assigned by Register)
a/k/a:Patricia Reid Manean
f a/k/a: Patricia R.Mangan Social Security No:
Date of Death:January 29,2013 Age at death:76
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s Decedent was domiciled at death in Franklin County,Pennsvlvania (stare)with his/her last
principal residence at Providence Place,2085 Wayne Road Chambersbure Guilford Township Franklin County Penna
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Street address,Post Office and Zip Code City,Township or Borough County
1 Decedent died at Providence Place,2085 Wayne Road,Chambersburg,Franklin County,Pennsylvania:
Street address,Post Office and Zip Code City,Township or Borough County State
s Estimate of value of decedent's property at death:
T, If domiciled in Pennsylvania.. All personal property $ 10;000.00
i If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
x If not domiciled in Pennsy lvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... S
TOTAL ESTIMATED VALUE.... $ 160.000.00
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Real estate in Pennsylvania situated at:85 Lantern Lane,ShinPensburg,Penna. ,
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(Attach additional sheets,ifnecessary.) 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 February 2,2004 and Codicil(s)
s thereto dated
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State relevant circumstances(eg.renunciation,death ofexecutor,etc)
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Except as follows:after the execution of the instrument(s)s offered for probate Decedent did not
ep t() p 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
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❑ 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,duranteminoritate
If Administration,at.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.
i Q NO EXCEPTIONS Q 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):
Name Relationship Address
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Form RW-02 rev.10/11/2011 6V Page 1 of 2
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
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COUNTY OF FRANKLIN } }
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Petitioner(s)Printed Name Petitioner(s)Printed Address
Mariellen Mangan 445 Freedom View Lane Phoenixville PA 19460
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The Petitione"et vat E"ads)oc.affum(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(S)Janaa>S to Peo Iresentative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
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Sworn 6t�af�"irtiiee� subs lied before Date
met #� <d • o •�G X13 Date
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By: j, ' Date
Date
BOND RegSrify$t Q'7YFES 9%6 NO To the Register of Witis:
FEES: Please enter my appearance by my signature below:
Letters....... ............... $ Attorney Signature:
( -")Short Certificate(s)...
( )Renunciation(s)....... . .
( )Codicil(s). ... ..... . .. .
( )Affidavit(s)....... .....
Bond.................... . . .. Printed Name: Jared S.Childers
Commission. .............. . .. Supreme Court
Other .... . ... ID Number: 307404
Firm Name: R.Thomas Murphy&Associates,P.C.
........ Address: 2005 East Main Street
esboro,PA 1726R
........ Phone: 717-762-1032
Automation Fee. ............. . Fax: 717-762-1832
JCS Fee. ..... .......... .. ... Email: edc rthnmasmnmhy cnm
TOTAL.................. ...
DECREE OF THE REGISTER
Estate of Patricia Mangan File No: 2$l3—0 227 t
a/k/a:Patricia A.Mangan,Patricia Reid Mangan:Patricia R.Mangan :
AND NOW Q p rt� 213 ,in consideration of,the foregoing Petition, #ff
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Mariellen Mangan pct
in the above e6tate..1,nd f-i?'$plica'yle)that
the instrument(s)dated February 2 2004
described in the Petition be admitted to probate and filed of ord as the last Will(an 4Pdiot1(s j'o f Nc 8' nG ',
Re stet kf Wills
Form RW-02 rev.1011112011 _.') S t �` izPage 2 of 2
04/25/2013 8:59:41 AM FRANKLIN COUNTY Inst.#201307656-Page 2 of 2
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k R. Thomas Murphy & Associates, P.C.
Attorneys at Law
n' (�Iwt) Barbara A. Henicle
Estate Paralegal
barbh@rthomasmurphy.com
2005 East Main Street 717-762-1032
Waynesboro,PA 17268 Fax 717-762-1832
www.rthoma sm u rphy.com
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