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HomeMy WebLinkAbout07-02-14 (2) 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 Q rL/ Name: Margaret H.McClain File No: a{ I- I'1 a/k/a: Margaret Henrietta McClain (Assigned by Register) a/k/a: a/k/a: Date of Death: Mav 4,2014 Age at death: 93 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 1800 Letchworth Drive,Camp Hill,PA 17011 Lower Allen Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1800 Letchworth Drive,Camp Hill,PA 17011 Lower Allen Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedents property at death: Ifdomiciled in Pe nnsylvania... ... . ... ...... ............ All personal property $ 50,000.00 If not domiciled in Pennsylvania. . .. . .. ........ ......... Personal property in Pennsylvania $ If not domiciled in Pe nnsylvania. . . . . .. .... .... ..... .... Personal property in County $ Value ofreal estate in Pe nnsylvania_ . .. ..... .... ..... . ..... . .. ...... .... . . ... ...... ....... . $ 100,000.00 TOTAL ESTIMATED VALUE. ... $ 150.000.00 Real estate in Pennsylvania situated at: 1800 Letchworth Drive Camp Hill,PA 17011 Lower Allen Cumberland (Attach additional sheets,ifnecexsary.) Street address,Post Office and Zip Code City,Township or Borough County ®' A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 1,2012 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrummt(s)offered for probate Decedent did not many,was not divorced,was not a party to upending 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ©' NO EXCEPTIONS Q EXCEPTIONS 0 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 minoroate If Administration,c.t.a. 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 ef$lished as defined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.e :V 0 NO EXCEPTIONS 0 EXCEPTIONS , '; A G tTl r0, Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followifig spouse(if any)and heirs jattach additional sheets,ifnecessary): r max' rr im tTl cl Z-1 v O Name Relationship Addcesa. � Fri —1 r— Z Form RW--02 rev./0111120// Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address Patrick M. McClain 1800 Letchworth Drive Camp Hill PA 17011 Michele McClain Wha eles 317 Mountain Road,Dillsbur ,PA 17019 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the oregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Dec d ,t e Petiti ner(s)will Vol and 1 administer the estate according to law. Sworn to r ffirme d s bscribed before Date 07-Z- Z O/ me this d y f Date U 02 1.2114 y: Date ..11 PT 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 Signal re: ( 10)Short Certificate(s). . . . . . 50.00 ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Luther E.Mils paw,Jr., squire Commission. . . . . . . . . . . . . . . . . Supreme Court Other . . . . _� ID Number: 19226 m � -� � Firm Name: Law Office of Luther ErslyMPop y',Jr.r— M sJ . . . . . . . . Address: 130 State Street �=� .a �-^' rn . . . . . . . . Harri.shnrg,PA 17101 0 . . . . . . C . .. . . . Phone: (717)236-3141 O _c _ n Automation Fee. . . . . . . . . . . . . . . Fax: (717)236-0791 —I JCS Fee. Email: lathe. milvz awQmilsTa?Wawfirm cn4�7 W -, TOTAL. . . . . . . . . . . . . . . . . . . . . $ 338.50 DECREE OF THE REGISTER Estate of Margaret H McClain File No: y! aik/a: Margaret Henrietta McClain AND NOW, V1 I(/ a inconsideration of the foregoing Petition, satisfactory proof having been esente b fore me,IT IS DECRIID t at Letters Testamentary are hereby granted to Patrick M.McClain and Michele McClain Whapeles in the above estate and (if applicable)that the instrument(s)dated February 1,2012 described in the Petition be admitted to probate and filed of record as the last Will (an odicil(s))of Decedent. is of will Form RW-02 rev. 1011112011 Page 2 of 2 EXHIBIT I do hereby certify the foregoing to be a true and correct copy of the original. =CITYDAUPHIN SEAL - -- ARTZ ublic AUPHIN COUNTY Notary: / es Oct 11, 2016 LAST WILL AND TESTAMENT o Cz of MARGARET H. McCLAIN 1 rt I, MARGARET H. McCLAIN, of 1800 Letchworth Drive, Camp Hill, Cu e'rland 3 7 n County, and Commonwealth of Pennsylvania, and being of sound and disposinetnind, merry o 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 1: 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 11: 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. 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 15`day of February 2012. 4. Margar. 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. /' o "-J f wlTivESS �� (�� � �. � �,� (•��{1 �{ of /r (r7v7/,^r'ryf C WITNESS - 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. Margaret H. McClain _1k ? Witness Subscribed,sworn to and acknowledged before me by Margaret II. McClain, Testatrix, and subscribed and sworn to before me by Luther E. Milspaw, Jr., and Anne Marie Beshore, witnesses,this I"day of February 2012. NOTARIAL SEAL I TARA L.SWARTZ Notary Public /" —, HARRISBURG CITY,DAUPHIN COUNTY NOt ry PUUHC My Commission Expires Oct ti.2012 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00489 PA No. 21- 14- 0489 Estate Of: MARGARET H MCCLAIN (Firs,Middle,Les) a/k/a: MARGARET HENRIETTA MCCLAIN Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: WHEREAS, on the 2nd day of July 2014 an instrument dated February 1st 2012 was admitted to probate as the last will of MARGARET H MCCLAIN (First.Middfa,Las(/ a/k/a MARGARET HENRIETTA MCCLAIN late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 4th day of May 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, T, LISA M. GRAYSON, ESQ. , Register of wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: PATRICK M MCCLAIN and MICHELE MCCLAIN WHAPELES who have duly qualified as EXECUTORfR1X) and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 2nd day of July 2014. O cl) N 4J J f CL t iC C �, ��. `� ;- 7-�'ter o rl O. � Ci L�l rJ � /"C\j uj —z. -F CY i CL !z.! C) **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)