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Home My WebLink About09-15-14 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: Decedent's Information Name: SUZANNE MCINERNEY File No: 21-14- 865 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 9/312014 Age at death: 77 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last principal residence at 4831 E.TRINDLE RD.MECH 17050 HAMPDEN CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 4631 E.TRINDLE ROAD,MECH 17050 HAMPDEN CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomici/ed in Pennsylvania................................All personal property $ J ! If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $ If not domiciled in Pennsylvania.............................Personal property in County $ Valueof real estate in Pe nnsyl vania.............................................................. $ --�,` TOTAL ESTIMATED VALUE.... $ tea, U X0.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessmy.) Street address,Post Office and Zip Code City,Township or Borough County N � , O ® A. Petition for Probate and Grant of Letters Testamentary C> m rr*I Petitioner(s)aver(s)he/she/they is/are the Executods)named in the last Will of the Decedent,dated =dgi icil(s) thereto dated MEMORANDUM AND MEMORANDUM OF AGREEMENT DATED 3/?4fP 0 T n �0 ,rnJ� Slate relevant circumstances(e.g.renunciation,death ofereunor,etc) C— DCA O Except as follows:after the execution of the instrument(s)offered for probate Decedent did not many,was not divo ed,was not aTmfty to aipefding divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did wU h�av�e a cMbomo -r1 adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. G A to r— rn ® NO EXCEPTIONS ❑EXCEPTIONS —� I r� cn CD fV ❑ B. Petition for Grant of Letters of Administration(If applicable) at.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,e.ta. or d.b.n.ca 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 established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑ NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search hasthave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,ifnecessary): Name Relationship Address Farm RFV-02 re,..101111201/ Page 1 oft Oath of Personal Representative (Trtiat Use 0- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF _.CUMBERLAND } Petitioner{s)Panted Name Petitionet(s)Printed Address 6361 MCCALLUM STREET STEPHEN A. SCHREIBER P ILADE_LPHIA PA 19144 'fbe Petitioners)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioners)willui,ell a administer the estate according to law. Swom to or affirmed and subscribed before j Date i �fyW�- , � — _ Date me this _ _ By: Date For the Register Date _ s M "O tf7 �7 BOND Required: ❑ YES ® NO To the Register of Wills: fV r7i r l r n c7:c FEES: Please enter my appearance by my sign atur��el�3v.. crt Letters. ... . ... . .. . . . . . Attorney Signature: 4 C ^c ( )Short Certificates(s) _, { )Renunciation(s)_., co r- ... .... ____ —.t - �� - ( )Codicil(s) . . .... . . .. .... ( )Affidavits). . . . . .. . . . . . . —.. Bond Printed Name: DAVID . GALLOWAY Commissign, l'........... . ........ i Supreme Court -- Otherw I I . .. . .. . . . _ 15 ID Number: 87326 y1welli _ 15 Finn Name: WALTERS&GALLOWAY PLLC . y ... ...'.. l5 Address: 54 E. MAIN STREET MECHAINCSSURG PA 17055 T -- Phone: (717)697-4650 — • ' ' ' —� _ Fax: _(7171 697-9395 Automation Fee . ... ... ...... . . _ Email: davld walters allawa com JCS Fee ....................... 3 .2� 9 Y• _ TOTAL . . . .. .. . ... .. . . . . .. . . .$ DECREE OF THE REGISTER Estate of SUZANNE MCINERNEY _ File No: 21-14- 8(O alk(a: AND NOW, 1 n-)be� '225 aal in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to STEPHEN A. SCHREIBER in the above estate and(if applicable)that the instrument(s)dated 3/24/2010 _ described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. e sterWit n Fnrm RJY-02 ,,,,1011712111 ,,—Page 2 of 2 Oath of Personal Representative official Use Only COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Petitionev(s)Printed Name Petitioner(s)Printed Address 6361 MCCALLUM STREET STEPHEN A. SCHREIBER PHILADELPHIA PA 19144 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioners)wilipvell. administer the estate according to law. Swom to or affirmed and subscribed before %� /Ny�,I Dale l Z� me this � day f W� 2 Date By: �C�1ia7� Date For the Register Date BOND Required: ❑ YES ® NO To the Register of Wills: FEES: Please enter my appearance by my signature below: nn Letters.. . . . ... . .. . .. . . . .. . .. . $ 2U Attorney Signature: ( � )Short Certificates(s) .. . . . . ( )Renunciations ( )Codicil(s) . . . . .. . . .. . . .. ( )Affidavit(s). . . . . . .. . . . . . Bond Printed Name: DAVID . GALLOWAY Commissign . .. . .. . . . . . . .. . . .. . . Supreme Court Other W I 1 I . . , ., . . . . 15 ID Number: 87326 nvenita�V 15 �� 15 Firm Name: WALTERS &GALLOWAY PLLC Address: • ' 54 E. MAIN STREET " "" ' MECHAINCSBURG PA 17055 Phone: (717)697-4650 Fax: (717)697-9395 Automation Fee . . ... ... . .. . .. . . . Email: davidCcDwaltersqaIIoway.com JCS Fee . . .. . .. .. . .. . . . . . . . .. . . 5 TOTAL . .. . . . .. ... . . . . . . .. . . .$ 115, DECREE OF THE REGISTER Estate of SUZANNE MCINERNEY File No: 21-14- a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to STEPHEN A. SCHREIBER in the above estate and(if applicable)that the instrument(s)dated 3/2412010 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wills Farm RIK02 rev.10111/1011 Page 2 of 2 1 R£:GORD.EIa OFFICE Of' LAST WILL AND TESTAMENT REGISTER OF WILLS OF 70N SEP 15 Pit 8 52 SUZANNE MCINERNEY CLEF'k"; OF ORPHARS' COURT I, SUZAl MCINEVNEY residing in Brewster, Barnstable County, Massachusetts,make this My Last Will and Testament hereby revoking all other Wills and Codicils previously made by me. FIRST: I direct my Executor to pay all medical,funeral and administrative expenses, and all taxes payable by reason of my death, before any division of my estate. SECOND: I give,bequeath and direct my Executor to distribute the items of my personal property to the person(s) designated in a memorandum I have prepared and signed for such purpose and delivered to my Executor with the original of this Will. Further,I refer my Executor to the Memorandum of Agreement between me and my attorney Henry L. Shepherd with respect to disposition of the funds on deposit at my death in the fiduciary checking account in our joint names with Cape Cod Five Cents Savings Bank. THIRD: I give, devise and bequeath all my right, title and interest in and to the improved real estate situated at 21 Old Cemetery Road in Brewster, Barnstable County, Massachusetts, to the Trustees,then serving, of OLD CEMETERY ROAD REALTY TRUST,to be administered according to the terms and conditions provided in the Declaration of Trust established and dated prior to my execution of this Will. If the foregoing bequest is ineffective, either because I revoked the Old Cemetery Road Realty Trust before my death or the Trust is held to be invalid, or for any other reason, my right, title and interest in and to the above property at 21 Old Cemetery Road, Brewster, Massachusetts, shall be distributed as part of my remaining estate under article FOURTH next following. FOURTH: I give, devise and bequeath all the remainder of my estate, both real and personal property, of whatsoever kind or nature and wherever located, including any property over which I may have a power of appointment or other such power of disposition, in equal shares to such of my children, Kathleen McInerney Zimmerman, of Union Deposit, PA; John Peter McInerney, of Cambelltown,PA; Stephen Arthur Schreiber, of Philadelphia, PA; Ronda Elizabeth Tolley, of Ramona, CA;Anne Schreiber, of Iowa City, IA; and David Schreiber, of Los Angeles, CA, who survive me. If, however, a child of mine predeccases me, I give the share such deceased child would have taken had he or she survived me to his or her issue who survive(s) me by right of representation. If such child of mine dies without issue who survives me,his/her share shall lapse. FIFTH: I appoint my son STEPHEN ARTHUR SCHREIBER and my friend and attorney HENRY L. SHEPHERD, of Orleans, MA, Executor and Successor Executor, respectively, of this Will. I request that my Executors be allowed to serve without bond or sureties. I grant to my Executors all the fiduciary powers contained in the laws of this Commonwealth, and incorporate by reference hereto the Statutory Optional Fiduciary Powers conferred under M.G.L. c. 18413, §2 et seq. I specifically grant to such Executors the right to employ legal counsel and to pay his/her reasonable fees and costs as an expense of administration. Ih IN WITNESS WHEREOF, I have hereunto set my hand and seal this a� day of March, 2010. L� SUZANNE MCINERNEY Subscribed, sealed and declared to be her Last Will and Testament by SUZANNE MCINERNEY in the presence of us, who, in her presence and at her request, and in the presence of each other, have hereunto subscribed our names as witnesses at MA, this a y day of March, 2010. NAshiro A. Glid&,4el of cO,l �S,mA 6 .)-NS ti Oi of CCaD� N1OhQ)�aS COMMONWEALTH OF MASSACHUSETTS County of Barnstable: ss March a Y 2010 Then and there personally appeared before me, the undersigned authority, SUZANNE MCINERNEY, IJAS144,PA 6L, 6AJ-2,J and 1J1c14oGA5 M,4,L_t_ okx known to me to be the testator and witnesses, respectively, whose names are signed to the foregoing instrument, and all those persons being duly sworn by me, the testator SUZANNE MCINERNEY declared to me and to the witnesses in my presence that the instrument is her Last Will and Testament and that she has willingly signed it as her free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that he/she signed the Will as witness and that,to the best of his/her knowledge,the testator was eighteen (18)years of age or over, of sound mind, and under no constraint or undue influence. Testator A � Witness g4ihi ' A CA 1, d daA Witness KI OV\p\0�5 MG I\\ 4- Subscribed and sworn to before me by the testator and the witnesses, this d 11 day of March, 2010. Notary Public My Commission Expires: MEMORANDUM Attachment to LAST WILL AND TESTAMENT OF SUZANNE MCINERNEY Regarding the distribution of items of personal property within my home at 21 Old Cemetery Road, Brewster, Massachusetts, I hereby declare: 1. If my husband Theodore Frazeur survives me, all personal items, including but not limited to his piano, drum sets, papers,jade elephant in study, and antique wooden figure in bedroom bookcase, remain with him. If he does not survive me, such items belong to his children Staci Wainright, and Gisele Frazeur. Omission from this provision of his son Gibbs Frazeur is intended and not inadvertent. 2. All other items at the property at 21 Old Cemetery Road, Brewster, Massachusetts, are bequeathed to my children, Stephen Arthur Schreiber, Ronda Elizabeth Schreiber, Anne Schreiber, David Walter Schreiber, Kathleen McInerney Zimmerman, and John Peter McInerney, with the distribution to be determined by my Executor, Stephen Arthur Schreiber. 3. The Oriental rugs in the home have some monetary value. I prefer that they remain in the ` home, but having stated this, I also maintain that they should be divided among my children as named above and considered, legally, to be their personal property. SU ANNE MCINE Y N_ DATED: March -2y 2010 M m M 3 co G> p M = a C d rn n = om cn � O ;s. o 0 cD Sn S -n -n C-) o :3 -n co rfl � r 'U n N p ` N MEMORANDUM OF AGREEMENT This Memorandum of Agreement records and reflects the oral agreement between SUZANNE MCINERNEY, of Brewster, Massachusetts, (McInerney) and her attorney HENRY L. SHEPHERD, of Orleans, Massachusetts, (Shepherd) with respect to Shepherd's distribution of the funds on deposit at McInerney's death in the fiduciary checking account in their joint names at Cape Cod Five Cents Savings Bank, Orleans, MA. McInerney and Shepherd acknowledge and agree as follows: •'r The funds on deposit in the fiduciary checking account represent distributions to McInerney from the Joseph J. McInerney Revocable Trust that were intended by the Settlor, under Article Three of such trust, to provide for "the general maintenance and well-being of Suzanne McInerney." B• McInerney has devoted a substantial portion of the above trust distributions she has received, since the Joseph J. McInerney trust was initially funded in 2002 by litigation settlement monies, to the preservation, upkeep and maintenance of the property at 21 Old Cemetery Road. ❖ McInerney has established her own Iiving trust, named the Old Cemetery Road Realty Trust, and is working with Shepherd to fund such trust with the real estate sited at 21 Old Cemetery Road in Brewster, MA. Whether McInerney is successful or not in so funding her trust, continued upkeep and maintenance of the intended trust property will nonetheless require continued allocation of fiduciary checking account funds. •3 Accordingly, Shepherd has agreed to provide for such upkeep and maintenance of the property, at least in part, by distributing to Stephen A. Schreiber, as Executor of McInerney's Will, and/or to Stephen A. Schreiber, Kathleen McInerney Zimmerman and Robert Bruillard, as Successor Trustees of the Old Cemetery Road Realty Trust, the funds in the fiduciary checking account as and when needed by the fiduciaries for such purpose. ❖ In addition, Shepherd has agreed to manage and distribute the fiduciary checking account funds, following the death of McInerney, as set forth above, in a fiduciary capacity as attorney for the estate of Suzanne McInerney. Shepherd and McInerney both hereby acknowledge McInerney's payment of$100.00 to Shepherd, as her agent,to fund the Old Cemetery Road Realty Trust for purposes of M.G.L. ch. 203, §3B Suzanne McInerney / Henr L. She Dated: March Y, 2010 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss March 2010 Then personally appeared the above named Suzanne McInerney,joint tenant of the fiduciary checking account at Cape Cod Five Cents Savings Bank, as aforesaid, known to me, or satisfactorily proven by her driver's license or other appropriate means of identification, to be the same, and acknowledged this Memorandum of Agreement subscribed by her,to be her free act and deed, before me. Notary Public My Commission Expires:) COMMONWEALTH OF MASSACHUSETTS Barnstable, ss Mareh 271 , 2010 Then personally appeared the above named Henry L. Shepherd joint tenant of the fiduciary checking account at Cape Cod Five Cents Savings Bank, as aforesaid, known to me, or satisfactorily proven by his driver's license or other appropriate means of identification, to be the same, and acknowledged this Memorandum of Agreement subscribed by him,to be his free act and deed, before me. RAWTL Notary Public My Commission Expires: Embossed hereon is My cornmonweatth Of Massaohusetm Notary Po k&d W COmmbsbn Expltes November 16,ft TR1NA LGE BRO'P'Jt REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA �t �F ��M " � �� ,� No. 2014- 00865 PA No. 21- 14- 0865 �1 � Es ta te Of: SUZANNE MCINERNEY � Z O �\,� lFirst,Midd/e,Lastl v �U � � � La te Of: HAMPDEN TOWNSHIP CUMBERLAND COUNTY Y Deceased Social Security No: 1750 WHEREAS, on the 25th day of September 2014 instruments dated: March 24th 2010 March 24th 2010 were admitted to probate as the last wi11 and codicil of SUZANNEMC/NERNEY • IFirst,Middle,Castl Iate of HAMPDEN TOWNSHIP, CUMBERLAND County, who died on the 3rd day of September 2014 and WHEREAS, a true copy of the will &codicil as probated is annexed hereto THEREFORE, I, L/SA 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 TESTAMENTARY to: STEPHEN A SCHREIBER who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 25th day of September 2014. i; � - , i - '( f ' ' � - �� l ( .-��{:t ��. : °.:��-�� '� � :i � l i"�' ./ Register of lls , � .. . , - �,, . I / � " f � ; � . l t �l {- : � �� ! � !.:.�� 1 Deputy �' �; **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LASTJ