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Home My WebLink About05-19-14 . (,;,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION In the Matter of the Estate of : MARGARET H. McCLAIN, late of � No. ��_r� - (.�� Lower Allen Township, Cumberland : County, Pennsylvania, deceased : PETITION FOR HEARING TO THE CUMBERLAND COUNTY REGISTER OF WILLS: AND NOW, come Petitioners, PATRICK M. McCLAIN and MICHELE McCLAIN WHAPELES, by and through their attorney, Luther E. Milspaw, Jr., Esquire and file this Petition for Hearing and avers as follows: 1. Petitioners, PATRICK M. McCLAIN and MICHELE McCLAIN WHAPELES, are the adult children and beneficiaries named in the Last & Will and Testament dated February 1, 2012 of Margaret H. McClain who died on May 2, 2014 , a resident of Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, leaving a Will dated February 1, 2012. 2. Margaret H. McClain executed her Last Will and Testament at the law office of the undersigned. 3. At the time of her death, the undersigned had retained only a certified copy of the original Will, a copy of which is attached hereto, incorporated herein by reference and marked Exhibit"A". 4. Petitioner, PATRICK M. McCLAIN, notified the undersigned regarding his mother's death and requested the original Will be presented for probate. 5. Petitioner, PATRICK M. McCLAIN, was informed that the original Will was provided to his mother on the date of execution and that the undersigned retained only a certified copy of the Last Will and Testament of Margaret H. McClain. 6. Petitioners have searched for the ariginal Last Will and Testament of Margaret H. McClain. 7. No original executed Will has been found. 8. Margaret H. McClain executed no other Will or codicil to the Will. WHEREFORE, Petitioners, PATRICK M. McCLAIN and MICHELE McCLAIN WHAPELES, respectfully request the Register of Wills of Cumberland County to admit the attached certified copy of the Will to probate. R spectfully s mi ted, , ; 1 I�,. V1 � � LUTHER E. MILSPAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Petitioners Dated: May 15, 2014 I do hereby certify the foregoing to be a true and conect copy of the o�iginal. .. ,� � = Notary: � NOTARIAL SEAL. TARA L SWARTZ LAST WILL AND TESTAMENT Notary Pubiic HARRISBURG CITY,DAUPHIN COUNTY 0 f My Commission Expires Oct 11, 2016_ MARGARET H. McCLAIN I, MARGARET H. McCLAIN, of 1800 Letchworth Drive, Camp Hill, Cumberland County, and Commonwealth of Pennsylvania, and being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made, including specifically that will dated March 5, 1991. ITEM I: I direct that the expenses of my burial and all my just debts be paid as soon after my death as may be convenient to my Co-Executors hereinafter named. ITEM II: I give, devise and bequeath all of my property and estate at the time of my death or to which I may be entitled, whether real or personal, of whatsoever nature and kind, and wheresoever situate, including any and all property as to which I may have the power of appointment, absolutely and without restriction to my children, PATRICK M. McCLAIN, now or formerly of 1800 Letchworth Drive, Camp Hill, PA 17011; and MICHELE McCLAIN WHAPELES, now or formerly of 317 Mountain Road, Dillsburg, PA 17019, in equal shares,per stirpes. Exhibit"A" _. _ _ _ __ ITEM III: I hereby nominate, constitute and appoint PATRICK M. McCLAIN and MICHELE McCLAIN WHAPELES,to be the Co-Executors of my Estate. If either of my named Co-Executors does not survive me, or is unable or unwilling to serve for any reason, the other may serve alone. ITEM IV: I give to my Fiduciaries the following powers in addition to those granted by law, which are to be construed in the broadest manner consistent with their duties as fiduciaries. a. To retain any or all of the assets of my estate,real or personal, without regard to any principle of diversification or risk. � b. To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, as they deem proper without regard to any principle of diversification or risk. c. To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give options for sale, exchanges or leases,for such prices and upon such terms or conditions as they deem proper. d. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. e. To borrow money from any person or institution, and to mortgage or pledge any or all real or personal property as my Executors or Trustees, in their sole discretion shall choose,without regard for the dispositive provisions of this instrument. - 2 - _ _ . f. To register securities in street name or in the name of a nominee or in such manner that title shall pass by delivery and to vote, in person or by proxy, securities held hereunder and in such connection to delegate discretionary powers. g. To compromise any claim or controversy. h. To choose the optional valuation date for federal estate tax purposes. i. To exercise any law-given option to treat administrative expenses either as income or as estate tax deductions,without regard to whether the expenses were paid from principal or income. j. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal. k. To make distribution in cash or in kind, or partly in cash and in kind, and in such manner as they may determine, and at valuation finally to be fixed by them. ITEM V: All federal, state and other death taxes payable on the property forming my gross estate for those purposes, whether or not it passes under this Will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. This provision shall not apply to any property over which I have a general power of appointment for federal estate tax purposes. - 3 - ITEM VI: To the extent that such requirements can be legally waived, I direct that my Co-Executors shall not be required to post bond or give any security in connection with their duties hereunder,whether in the Commonwealth of Pennsylvania or any other jurisdiction. IN WITNESS WHEREOF, I,MARGARET H. McCLAIN,have hereunto set my hand and seal to this,my Last Will and Testament which consists of six(6)typewritten pages, including the Self-Proving Affidavit,this lst day of February 2012. ►. `- ,.��, �.�..�� f�r ��.,�'� �� MargarY t H. McClain - 4 - Signed, sealed,published and declared by the above-named, Margaret H. McClain, as her Last Will and Testament in the presence of us,who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses. i � � i "( ft `4✓ �, �;! � � � ;�' � �� ,. � ��I �'> � of � ,.�C�� =� t-�, � �,. `"�� WITNESS � � ��(i'I��'��,� �� t�� of �'1B �r�r�y�C' WITNESS % t��-cc.�r,�+✓�cz.a�7 /��I��'il.� - 5 - SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : . ss: COUNTY OF DAUPHIN . - - We,Margaret H. McClain, Luther E. Milspaw, Jr., and Anne Marie Beshore,the Testatrix and witnesses, respectively,whose names are signed to the attached and foregoing instrument,being duly qualified according to law, do hereby declare to the undersigned authority that the Testatrix signed and executed the attached instrument as her Last Will and Testament and that she signed it willingly, and that she executed it as her free and voluntary act for the purposes expressed therein, and that each of the witnesses, in the presence and hearing of the Testatrix,signed the Will as witnesses, and that to the best of our knowledge the Testatrix was at the time eighteen(18) years of age or older, of sound mind, and under no constraint or undue influence. �'` �i��, r ,� _,r, / �% f''�'�r ,� .��'� �/{ .�i" p��/ ' �� =' �. �� )// y l V�(:' iJ� �1...L� �� 1 �. -�' Margaret H. McClain 1 . ,� � �� /l. � r�- � . w� ' S `-' � . wimess Subscribed, sworn to and acknowledged before me by Margaret H. McClain, Testatrix, and subscribed and sworn to before me by Luther E. Milspaw, Jr., and Anne Marie Beshore, witnesses,this ls`day of February 2012. ' � �..�.�..�...� ; ) NOTARIAL SEAI � TARA L.SWARTZ / {, ' � Notary Pubiic � C�'' �''� • `�-I �'�'��; J "'%"�"' HARRISBURG CITY,DAUPHIN COUNTY Not:ry Public ,/�l My Commission Expires Oct t1,2012 �./ VERIFICATION I, Patrick M. McClain, hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belie£ I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. �� . �� (��. Patrick M. McClain Dated: May 15, 2014 VERIFICATION I,Michele McClain Whapeles,hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge,information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. � M�chele McClai Whapeles Dated: May�5 2014