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Home My WebLink About07-28-14 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: Michael S.McCullouah Decedent's Information s Name: Albert J.McCullough File No: 21-14 "� a/k/a: (Assigned by egister) a/k/a: a/k/a: Social Security No: Date of Death: 07/04/2014 Age at Death: 85 Decedent was domiciled at death in Cumberland County, pA (State)with his/her last principal residence at 8 Nottingham Rd.,Camp Hill 17011 Lower Allen Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 8 Nottingham Rd.,Camp Hill 17011 Lower Allen Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsylvania...................... All personal property $ 100,000.00 lf not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsy/vania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 145,000.00 TOTAL ESTIMATED VALUE $ 245,000.00 Real estate in Pennsylvania situated at $Nottingham Rd.,Camp Hill 17011 Lower Allen C�mberland (Aftach additional sheets,ilnecessary.J Street address,Post Office and Zip Code City,Township or Borough County QX A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(sj that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 05/23/2014 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. Q NO EXCEPTIONS � EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.i.a or d.b.n.c.t.a.,gnter date of Will in Section A above and comoiete list of heirs. Except as follows: Decedent was not a party to.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 ad�udicated an incapacitated person. �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,if necessary): _,...:� -, �'7 Name Relationship Address GO � �-'r'i� t�°Tl`'i7L"'f t°"' y— J't� _�.', �':' � _ � C:.. �•� _ ��.,�� ^' L_. �n c U ..0 -� � �/} •-n Form RW-OZ rev.70-77-2011 Copyright(c)2011 form software only The Lackner Group,Ina Page 1 of 2 Oath of Personal Representative OfficialUseOnly COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Michael S.McCullough 2529 S.Third St. ktarristnttg,PA 17113 �C� M$�M C") �.=• � � �� T7 f �y-� �'S `. j.N� � �J-��- ,i - . _�.i �T,.t .' �-+F�" �e� �1..,.. � , { � �t �tf ' d ' _ � j �r -3-' QC• __ `�:.. - ,a., � ,::_ �-� i-- 'CI �" C/�Q The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to he best of the kne�"'vledge and belief of Petitioner(s)and that,as Personal Representative(s)of the D de , Pet'�on r(s) � ell n ly ad ister the estate according to I w. Sworn to ffyir�;ed sub ib efore Date �� me thi `day f Date BY Date F he gisfer Date BOND Required? � YES � NO To the RegisterofWills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 200.00 Attorney Signature: ( 7 )Short Certificate(s)......... 35.00 ( )Renunciation(s).............. �� ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Linda J.Oisen Esq. Bo n d............................................. . Supreme Court Commission.................................. ID Number: 92858 Other Inheritance Tax Return 15.00 Firm Name: Hazen Elder Law Inventory 15.00 Address: 2000 Linglestown Road Suite 202 Harrisburg,PA 17110 Phone: 717-540-4332 Automation Fee............................ 5.00 Fax: 717-540-4313 JCSFee....................................... 33.50 TOTAL......................................... $ 303.50 E-mail: lolsen@hazenelderlaw.com DECREE OF THE REGISTER Date of Death: 07/04/2014 Social Security No: Estate of Albert J.McCullouqh File No: 21-14 '� a/k/a: AND NOW, , in consideration of the foregoing Petition, satisfactory proo ng been e ented before me, IT IS DECREED that Letters Testamentary are hereby granted to Michael S.McCullough in the above estate and(if applicable)that the instrument(s)dated /23/2014 described in the Petition be admitted to probate and filed of record as t ill(and Co i il(s))of De d t. ister of ilis Copyright(c)2011 form software only The Lackner Group,Inc. a e 2 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00705 PA No. 21- 14- 0705 Es ta te Of: ALBERT J MCCULLOUGH lFi�st Middle,Lastl Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Securi ty No: WHEREAS, on the 28th day of July 2014 an instrument dated May 23rd 2014 was admitted to probate as the last will of ALBERT J MCCULLOUGH (First Middle,Last1 late of LOWERALLEN TOWNSH/P, CUMBERLAND County, who died on the 4th day of July 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and for CUMBERLAND County, in the Commonweal th of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: MICHAEL S MCCULLOUGH who has duly qualified as EXECUTOR(R/X) and has agreed to .administer the estate according to law, all of which full y appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 28th day of July 2014. '; � . . _ � -�� ` } r1 LL. �� i � �!1 � ,� /�" � �/ l�r O Uti �'V ` > °- . ' `Regis r o Wills �i ti� � � �� ,r � � � � �� ,_, 7� f'? �- .�' C-1�{..- � - CL C�7CJ , � Deputy ; , , -' _7 L7 _ I _ � � �� ; - —> ,, Cl' :� � `�'� r' � (`�..l l �_ � \_„' �,.�� 1..� � '-�-Ct� �� `-�= _a-' �� r`� V **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) 1 a r_.� �� '�� a."} Last Will and Testament �-- ��;�' ��-' �- `-_,i'�.'� � : � r� - '� _.(i ��.�';. . � �....'l 1 i; Of Q{_ ` _ ��-., -� _ ALBERT J. McCULLOUGH = �' � �" �� W � - � - �.__ �"-'+ D � � ��Q .G" "n I,ALBERT J.McCULLOUGH,of Camp Hill,Cumberland County,Pennsylvania,do make, publish, and declare this to be my Last Will and Testament,hereby revoking all Wills and Codicils by me heretofore made. ITEM I: Family Information. I am widowed. I have two (2) children: Michael S. McCullough and Susan D.Augustine. My children are referred to in the Will as my children or as a child of mine. Any person born to or adopted by a child of mine is referenced in this Will as my issue. Provided,however,no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty-one (21)years. ITEM II: Death Taxes. I direct that all inheritance and estate taaLes becoming due by reason of my death,whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for the marital or charitable deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid,even though on proceeds of insurance or other property not passing under this Will. ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. I ia� ! ITEM IV: Tan�ible Personal Propertv. I give all my tangible personal property, including but not limited to,all of my household furniture and furnishings,books,pictures,jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon,to my children in equal shares. Provided,however, I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my tangible personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty(30) days after the probate of my Will, it shall be presumed that there is no other statement or list.Any subsequently discovered list shall be ignored. ITEM V: S�ecific Bequests. I hereby give, devise, and bequeath the sum of One Thousand Dollars ($1,000.00)to each of my grandchildren, who survive me by thirty(30) days. ITEM VI: Residue. I give the residue of my estate, not disposed of in the preceding portions of this Will,to my children in equal shares,per stirpes. ITEM VII: Administrative Powers. In addition to the powers granted at law,the Executor shall possess the following powers,each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: A. To retain any investments I have at my death,including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. B. To vary investments,to make loans,and to invest in bonds,stocks,notes,real estate mortgages or other securities or in other property, real or personal, without being restricted to so called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. , C. The Executor is authorized to divide and distribute personal property and real property,partly or wholly in kind,and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. R .�r7 2 Initials M. To employ custodians of property,investment or business advisors,accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate or trust,without affecting the compensation to which the Executor is entitled. N. To allocate administrative expenses to income or to principal,as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate taY charitable deduction. O. To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of any property included in my estate,whether or not passing under this Will,by allocating any amount by which the bases of assets may be increased. The Executor shall be under no duty and shall not be required to allocate basis increase exclusively,primarily,or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving property as a result of my death, but shall not be liable to any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. P. To compromise claims. Q. To do all other acts in his or her judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VIII: Executor. I make the following provisions with respect to my Executor: A. I appoint my son, Michael S. McCullough, to be the Executor of my Estate. In the event that my son,Michael S. McCullough,is unable or unwilling to serve as Executor of my estate, I appoint my daughter, Susan D. Augustine, to serve as Executrix of my estate. B. The Executor shall have the right to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. C. No Executor shall be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. D. The Executor is specifically relieved from the duty of filing bond or entering security. '`��` � 4 Initials The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. D. To sell either at public or private sale real and personal property severally or in conjunction with other persons,and to consummate sale(s)by deed(s)or other instrument(s)to the purchaser(s),conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute,acknowledge and deliver deeds,assignments,options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. E. To mortgage real estate, and to make leases of real estate. F. To borrow money from any person, including the Executor,to pay indebtedness of mine or of my estate,expenses of administration or inheritance,legacy,estate and other taxes,and to assign and pledge assets of my estate. G. To pay all costs,taxes,expenses and charges in connection with the administration of my estate. H. To make distributions of income and of principal to the proper beneficiaries,during the administration of my estate,with or without court order,in such manner and in such amounts as the Executor deems prudent and appropriate. I. To vote shares of stock which form a part of my estate and to exercise all the powers incident to the ownership of stock. J. To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. K. To disclaim any interest in property which would devolve to me or my estate by whatever means,including but not limited to the following means: as beneficiary under a will,as an appointee under the exercise of a power of appointment,as a person entitled to take by intestacy,as a donee of an inter vivos transfer, and as a donee under a third party beneficiary contract. L. To prepare,execute and file tax returns of any type required by applicable law and to make all tax elections authorized by law. �€ .�I� 3 Initials ITEM IX: Distributions to or for Beneficiaries. The Executor is authorized to distribute principal or income in any one or more of the following ways if the Executor or Trustee considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: A. Directly to the beneficiary; B. To the legal guardian or conservator of such beneficiary; C. To a Trustee,as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-five (25)years; D. To a relative of the beneficiary,to be expended by that relative for the benefit of the beneficiary; or E. By directly applying distributions for the benefit of the beneficiary. ITEM X: Survival. Any person who has died within thirty(30)days after my death,or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person(other than mysel�who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK— SIGNATURE ON FOLLOWING PAGE) � `r� 5 Initials IN WITNESS�VHEREOF,I have set my hand and seal to this,my Last Will and Testament, consisting of seven(7)pages this 23rd day of May 2014. � �,l-.�. i-�'�' .�i ;�. � � � ' ;;�?�`�i;f%� L��RT J. McCULLOUGH SIGNED, SEALED, PUBLISHED and DECLARED by ALBERT J. McCULLOUGH, the above named Testator,as and for his Last Will and Testament,in the presence of us,who,at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. � ��n //� j 1� Y�1 �, ' � �''" Address: 650 North Twelfth Street, Suite 100 � Lemoyne,PA 17043 � � y Address: 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 -i�'I 7 ' � 6 Initials , � • • ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND : We, ALBERT J. McCULLOUGH, �,�� Z;KSh and (�-�C�� 11� /}� �'it �} ,Testator and witnesses,respectively,whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein expressed,and that each of the witnesses,in the presence and hearing of the Testator,signed the Will as witnesses and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. _ �� `� ;`.:�. � ��j%�-" r � ALBERT J. McCULLOUGH Testator � ,, Witn / / � � � Witness Subscribed and sworn to and acknowledged before me by ALBERT J. McCULLOUGH,the Testator, and subscribed and sworn to before me by �''� t L �7�- ��-�� and � / �,� ►�l� 1 n� • '��F�Il� ,witnesses,on this 23rd day of May 2014. . � ��,.L. � � L�.C��' Notary Public COMMONWEALTH OF PENNSYLVANL4 '''NNN�I Nntartal 5�+',, ' `��Gi�� Rmy L. kidlrir,;, >> �y.°u�tlC ty r� Lem��yne-$rro, Cui�ber�a!;d Co�n �. 7 My C.r�nritiss�on rr}�Ires C`et. 22, 2017 MEM6ER,IENMSYLVANIA ASSOCIATION OF NOTARISG Initials