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HomeMy WebLinkAbout1-10-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA � Pep�tioner(s}�smed below,who is/are 18 years of a�or oider,apply(ies)for Letters as spe+cifled below,and in support thereof aver(s)the �r�a�d r�ft�lly requests the grant of Letters m the appropriate form: ,. � 1� NarrN: t#�t H.McLau�hiin File No: 21-�' ���� �n�1i` i— ��.�i�� i � � a��: Qr�ti�i:f�Mcl.au�hlin (AssiQned by Regist�er) �llt/�: a!k/a: Sociai Securiiy No: Dats a#Death: 11/2�/2013 - Age at Death: 83 DeC�drnt vras domiclled at�ath in Cumbe�land County, pq (Stete)with h�/her iast principal r�eaidence at _1 Longsdort Wa� 17015 South I�iddleton Cumb�nd _ i�i�set sc�,Pa�et and zip code it�r, a�ip eora�l, ' ca�rlty ^ t�ent died at ,�onAsdorf Way 1 T015 South Middlrton Cumbsrla�A ,_ , �t add�as,Post OMios and Zip Cods CitY,To�iP a Baouph CouMY 8�s E�timat+s o�f vstue of deobderrt's PropertY at death: _ l/db�mlcifi�rd hi P�ennay�+�aMa...................... All personal property $ � �.7fl0.00 If not dbinMrdieal in P++s�rrtnsy/vanla................ Personal Property in PennsyNania � ° � Knot d�Nclli�d!n P�nnsylvsnia................ Personal ProPe►tY in County $ 1/a/ue ol�ai estate!n Aertnsy/vania.................................:................................ $ TOTAL ESTIMATED VALUE ; 8,'f00.04 RsN aha�e Nt P�xaylvania sNuatsd at f�ItteW�id�fone/tl►sets,It nsc�ssery.) Street address,Post O(fice and Zip Cods CitY,T���P a�� ��Y �a �et�net�(e���(s)that ha/sfie/'they is/are the E�tecuto�(s)named in the Last�II of the Decedent,dated 01/Z2f1�96 and Codicil(s) �tttet+sttl dated state relsvar�arcurt�snost(e.g.,rorwnc�Gfon,dbeth d exscutor,stc.) _ _ __ E�As�•aRer the e�aecution of the instrument(s)offeroed for probate,Deoedent did not ma ,was not divorc.ed.waa nbt�{�I►�a pend� � �i�r�l�eroin ths grounds f+or divorce had been established as defined in 23 Pa.C.S�3323(g),artd did npt have a�h�d +c� :�r�t#�sdent was neithe�the vic�im of a killing nor ever adjudicated an incapaatated persan. __ _ __.___.__ _-_---_,_ . �NQ�X�ERTIONS ��EXCEPTIONS . ___. ❑8. (If applicable) c.ta.,d.b.n.,d.b.n.c.ta.,pedente lite,durente aaseMia.aha�r nNno�tetr 1f A�nlnisb�iOt1,C.�a or d.b.n.c.�a.,anEer d�e af 1N[II in Section A=a�,d�nlat�list�holrs. Ex����s ��r�was not a party to pend�divoroe proceed��in the gr+ounds for divoroe had been establiahed as defined in a.C��.��,�3 (�)and wes neither the vid�m a killing nor ever �udicated an incapac�tated person. �N4 EXCEPI�N+IS� EXCEPTIONS `-�+.'' P'e�itW�sr(s.aRer a proper aearch has/have ascertained that Decedent left no Will and was survived by the �ouse�(if �t , e�it � sd�tbo�a!�ts,if necessary): _ ,� '�- � �► � �v � � � � Name Relationshi Address �'' - � ' � � �-� � � � � -n � �� � ., . '� � .. �— � � Form 1�W-0Z rbv.fa1 t-2011 CcPYripht(c)2011 form sofMrare ony The Lackner Ca�oup,inc. Pape 1 of z Oath of Personal Representative °'�'�"°°n1y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberiand } Petitioner(s)Printed Name Petitioner(s)Printed Address Ctanr�e Shue�► 1209 Montrose Circle Mechanicsburg,PA 17050 � � � � � � � � � -:. � � � ,�{ p � � � � � � � � � C'> � a �j _ ^'Ct-_.,.._� ""A � EJ � � � � +�'? � � � � The Retitioner�s)abt�e-�r�smed sw�ear(s)or affinr�(s)the statements in the foregoing Petition are true and oo � the•b+BSt ,kA0ew1�end betief of P�titkortar(a}arul that,as Personai Representative(s)of he Decederrt,Petition r(s)will w�ell and huly administerthe esta�e��-to faw: _: S�roi�t to . � �ribetl befiore � � _ _ ,.______..._.___��,._�_,/—,�,-.�-�( me vE , ��lJ � � gy; o�c. __. __,. ___ _ Rbp�tate/' _ DaEe BOND Required? � YES � NO To the Register of Wlls: FEES• Please enter m appearance m si naturo bel�r: Letters.......................................... � 45.00 Attomey Signature: : ( 2 )Short Certificate(s)......... 10.00 � ( 1 )Renunciation(s).............. 5.00 ( )Codidl(s)........:............... _..T._. .,.�.. Affidavit s Printed Name: George F Douglas,ili Eaq. _ ( ) � )... ................. Bond.............. ............................ Supreme Court 61886 _._ _- - ___ Commisaion.... _ ............................. ID Number: _ _ __ _ . _ Ott�er WiN 15.00 JCP ` 23.50 Firm Name: Salzmann Hughes.P.C. , _A�i1.,��,;�_�._ . 5.00 Address: 354 Alexander 3prfng R�d,Su1�e,tY_:.�., __ ., , Inlr�rit�no�Ta�t Retum 15.00 lrnosrttaY 15.00 Ca�l�sle,PA 17015 Phone: T17-249-6333 Automation Fee............................ Fax: JCSFee....................................... _ , _ TOTAL......................................... s 133.50 E-maii: gdougias�salzmannhu�fiea.com . DECREE OF THE REGISTER - DaEe of Dsath: _ 11/ZT1�'1� � ir�1r�IW� Social Security No: �Z3 Estab af �t�H.McLaus�hlin File No: 21-'1�3.�,�'-���� ' alk/a: : , McLa hlin . . ppp�pyy� , ,in consideration of the fore�irtg i�etition, _ � ..._ _ ,_...��_.., . _ satiafa�tory proof h ng been presented be me,IT IS DECREED that Letters Testamer�tar�► are hereby grar�ted to Dianne Shuey _ in the above est�ta and(if appiicabie)that the instrument(s)dated 01/22/1996 � described in the Petition be admitted to probate and filed of record as the las ilhEand Codicil(s))of : � . R ter of Wilis copyripM(c) 11 f�xm sortware onry The lecknsr Group,Inc. 2 � � Z , o 3 � � RENUNCIATION REGISTER OF WILLS OF CUMBERLAND CQUNTY, PENN�YLVANIA Estate of Gayle H.McLaughlin , Deceased �� Da' 1-Nf.�McLau� hiin in my capacity/re��arl�hip''�a����'' - co-executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Dianne 5huey: ,n, . Y, � � a ��•� w ...� �,-.� c� � r � � � : �;_ � ,� : ,� .�,,,, _ � t� Darryl M. Mc gh�inr��{� : , �_ --� s,,.. c.� � L�. C�... Q' � � , ° '`� � in � 15 Meetinghouse Road - '__�,+�;•, c3 t� � � (sheetAdd++ssaJ -. ... . W � �r*--i ...! ""� t� �"'"" C„� � � .: � � .� � � Carlisle,PA 1 T013 � � . � +� , r�r s�,z►aJ _ f� ��, r..� F�.,���t�ted lrt Register's Office Executed ouf of Register's Office �.�. _;��_ �m to or affi�med and subscribed Before the undersigned personally app�rec�rat�e before me thi� � party executing this renunciation and certi�i� y that he or she exec ted the re n ation for the of . purposes stated wit�iin on�u:s���daY , of , �t�" _ . � Deputy for Register of Wills Notary Public - � . . �`.`�� : � My Commission Expires: �s�,st�,re and sesi ot�ocary or ar,er o�r�a�quai�ed co a�nmister oetha. Show date of expireR�on oI NNary's cortKnisaion.) �,, a -z o a George F:Douglas Hl,Notar�r Publk ' 3outh Middleton Twp.,Cuml�rTand Cowtty' Commissioit Fx ires�ti�'�6,ZQ1S : Al�SOE . Form RW-06 frsv.�a��-�ooe copyr�r►c���2oos rorm aonware or,y rne�aav,er cro�,inc. H105.805 REV(9/11) � i � 3 j �� lr.Ir . :�\ �'�"' � � a . �'� � � � � � � � � ,� � � � � � � � .►a� O � � � LAST WILL AND.TESTAMENT � � c �° `� � ��, c° �" � � c� + � �. OF GAYLE H. MCLAUGHLIN =,r, � � � c � � � I; Gayle H. McLaughlin, of the Borough of Carlisle, County of Cumberland, _. Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all former Wills by me, at any time, heretofore made. 1. I direct the payment of all my just debts and funeral expenses as soon as may be convenient after my decease. 2 a. I hereby give and bequeath, absolutely and in fee simple, to my spouse Marlin L. McLaughlin, all my household furniture and furnishings, books, pictures, jewelry, china, linen, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment, including insurance policies thereon, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, this gift shall lapse or be � divested and I make said bequest to my children according to the terms I set forth below. 2 b. The gift to my spouse in Item 2a above is intended to give my estate the marital deduction effective under the Internal Revenue Code to reduce Federal estate tax. Any provisions in this Will whic� conflict with or fail of this intention shall be so reconciled or amplified as to accomplish this objective. 3 a. If my spouse, Marlin L. McLaughlin, survives me, I direct that my Trustee, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal Estate tax purposes, reduced, by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and any other credits available to my estate, will result in no federal estate tax, Douglas, Douglas &Douglas � Attorneys - at- Law � 1 ___ � .. �� r� r and pay the net income therefrom not less frequently than quarterly to my spouse for and during his natural life, My spouse shall have the power to appoint all or any parts of the principal of this Trust to himself, his estate, or to our children. This power shall be exercisable by him alone and in all events by specific reference thereto in his Will, or by delivery at any time or times during his lifetime of a written direction to my Trustee who shall thereupon make payment as he directs. 3 b. My trustee shall pay to his personal representatives from any unappointed principal the difference between all taxes, interest and penalties which they must pay by reason of his death, and those which would be payable by them if such unappointed principal were not taxable in his estate, and shall add the balance of such unappointed principal to my residuary trust. 4. All the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situated, I give, devise and bequeath to my Trustee, hereinafter named, IN TRUST, as follows: (A) The net income therefrom shall be paid to my spouse, Marlin L. McLaughlin, f or and during his natural Iif e. (B) Upon the death of the survivor of myself and my spouse, my Trustee shall distribute all the remaining corpus and any accumulated interest thereon as follows: One (1) share thereof, in trust, for my son, Darryl M. McLaughlin, one (1) share to my daughter, Dianne Shuey. Should either of them have predeceased me, and have been survived by issue, then such share shall go to their issue per stirpes, with the further proviso, that in the event of Darryl's death, the trust will remain for the benefit of Dianne's two children with income annually and principal distributions to be made to them as follows: 50% at age 25, and 50% at age 30. Should any one of them have predeceased me and not have been survived by issue, then their share shall go to their surviving brother(s) or sister(s) or their issue per stirpes as the case may be. 5. The trustee may use principal of the Trust under Item number 3a, hereof (Marital Deduction Trust) only for the benefit of my spouse; with the Douglas, Douglas &Douglas � Attorneys - at- Law � 2 , , „ .� .. foregoing excepfiion my Trustee may use principal from the Trust under Item number 4, hereof (Residue Trust) for the benefit of my spouse and children as the Trustee deems necessary: � (A) To meet the expense of any accident, illness or other emergency bef alling any of them; (B) For maintenance, support and education (including college and graduate school); (C) To pay funeral expenses, including the cost of a grave marker and perpetual care of the grave. Notwithstanding the foregoing, the power to consume, invade or appropriate property for the benefit of my spouse and children shall be limited by ascertainable standards relating to health, education, support or maintenance within the meaning of subparagraph (a) of � 2014(b)(1) of the Internal Revenue Code of 1954 or any similar provision which may be in effect at the time of my death so that such power will not constitute a general power of appointment. 6. If, at the time of my death, circumstances are such that it would be unwise to establish this Trust because fiduciary fees would be too high i n relation to the amount of available assets or for other like reason or cause, then this Trust need not be established and this part of my estate (that designated as the Residue Trust) shall pass to my spouse outright and free of trust. 7. No provision of this Will is intended to exercise any povuer of appointment, including any power of appointment granted me under my spouse's wi1L S. All taxes, interest and penalties thereon payable by reason of my death � with respect to property comprising my gross estate, whether or not passing under this Will, shall be paid from the principal of my residuary estate, provided, however,�that funds of my Trust created herein may be used to pay taxes, interest and penalties attributed to such firust assets. Douglas, Douglas&Douglas � Attorneys - at-Law � 3 . , . ,. � ., . 9. No interest of any beneficiary under this Will or any Codicil hereto shall be subject to anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my executor and Trustee unless otherwise provided herein. 10. In addition to powers given them by law, my Executor an�i Trustee and their successors and any guardian acting hereunder shall have the following discretionary powers applicable to all real and personal property held by them, effective without court order and until actual distribution: (A) To retain all property received by them including the stoc�C o#'.my:+co�p►o��te fiduciary acting hereunder, provid�d such property remains productive; (B) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive; (C) To join in any incorporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments authorized to fiduciaries, so long as such investments are productive; (D) To Compromise controversies; (E) To exchange or sell for cash, property or credit, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of the trusts hereunder, without liability on the purchasers or lessees to see to application of the consideration, and to give options for these purposes without obligation to repudiate them in favor of a higher offer; (F) With respect to my residuary trust under Paragraph 4 hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; (G) To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt Douglas, Douglas & Douglas � Attorneys - at- Law � 4 . , , . .. • ., .. shall be a complete acquittance therefore, without the intervention of any guardian; (H) To borrow money, including the right to borrow from any corporate fiduciary action hereunder, and mortgage or pledge as security; (I) To hold investments in the name of a nominee; (j) To distribute in cash or kind or partly in each at valuations fixed by them; (K) To assume continuance of the status of any beneficiary with reference to marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; (L) To elect to value my gross estate for Federal Estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, and to claim as income tax deductions expenses that would otherwise qualify as estate tax deductions and other elections allowable under law; (M) Except to the extent necessary in order that the trust under Paragraph 3a hereof qualify for the marital deduction allowable under the Internal Revenue Code, it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; (N) To merge any similar trust established by my spouse where the terms of the same are identical; and {O) In the event that I am the beneficiary of a qualified terminal interest trust and the same is taxable in my estate, I direct that my Executor shall seek reimbursement from said trust for all taxes due by my estate because of the inclusion of such trust in my estate, said computation of taxes due to be computed by taking taxes owed by my estate and such property included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and (P) To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. Douglas, Douglas & Douglas � Attorneys - at- Law � 5 . , � . . ' � •• .. 11. Any person, other than my spouse, who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. If my spouse and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my spouse shall be deemed to have survived me. Any person (other than myself) who shall have died at the same time as any then recipient of income or in a common disaster with such beneficiary, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased such beneficiary. 12. I nominate, constitute and appoint my children, Darryl M. McLaughlin and Dianne Shuey, to be the Executors, of this, my Last Will and Testament. I further direct that they shall not be required to file bond or other security i n the Office of the Register of Wills for the purpose of administering my estate. 13. I nominate, constitute and appoint my children, Darryl M. McLaughlin and Dianne Shuey, as Trustees under this Will. d IN WIT ESS WHEREOF, I have hereunto set my hand and seal this ZZ N— day of 199�'f.b � 0 �/ � -�'°�`��Gay H. McLaughlin Signed, sealed, published and declared by the above named testatrix, as and for her last will and testament, who at her request, in her presence, in our presence, and in the presence of each other have hereunto subscribed our names as attesting witnesses: � Douglas, Douglas &Douglas � Attorneys - at-Law � 6 . , ;. ., , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND �- W e �. � and - 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 testafirix sign and execute the instrument as her last will, and that she signed willingly and executed it as her last will , and that it was done freely and voluntarily for the purposes therein contained, that each of us i n the hearing and sight of the testatrix signed the will as witnesses; and that to the best of our knowledge, the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. � �> Sworn to and subscribed before j��b a me�~this Z ZN day of �N.�9�'": �i `� Notary ���.���� qntte 1�1.t'�',x ��?`-�xy Prsb�IC C � -7,.,y�� J s-�^`f., r�'?:'S��.�.��n� ,B��r � � '�„'] M��S�il,',�i.�1:J�.':J t �;u<��`���U�e; ��.r� . � . . Douglas, Douglas &Douglas � Attorneys - at- Law � 7 . � � ' ' � •• ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Gayle H. McLaughlin, 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 that, I signed it as my free and voluntary act for the purposes therein expressed. � � r 'V _ Ga H. McLaughlin Sworn to an subscri ed before r��(�, r� me this �Z day of � -�99�. ,-' `�� � Notary �� pv,ne roCox��� Car4isie S�; , �4,1997 rAy CQ��'i�ss�or�Eu��U�Y Douglas, Douglas &Douglas � Attorneys - at- Law � 8