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Home My WebLink About06-08-15 IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA ESTATE OF : ORPHANS' COURT DIVISION MICHAEL J. MCGARVEY, � �`�' � � No. 21 J,��G:�'��:, , �, ;�, `'� Deceased • � - o �— '�y <=-� -: - _._, � � - � .:�, �,.. __�' � ,�- :.. • -.4l ��"' .. .. .. . . . ,`- . , , ...._. � ,:, i PETION FOR HEARING FOR GRANT OF LETTEI�S c� OF ADMINISTRATION - �-�, :::`� � - . . , � � �� `:.. ;:,.� F�, `Ci, ,::>` TO THE REGISTER OF WILLS: �,, AND NOW, comes Shawn M. McGarvey, adult child of Michael J. McGarvey, by and through his attorneys, JSDC Law Offices, and respectfully represents as follows: 1. On January 27, 2015, Michael J. McGarvey (the "Decedent") died as a result of natural causes. An original Death Certificate is on file with the Register of Wills of Cumberland County,Pennsylvania(the"Register"). 2. The Decedent is survived by two (2) adult children whose names and addresses are as follows: Shawn M. McGarvey Krista M. Hamilton 1523 Center Street 6825 Spring Road Enola,PA 17025 Shermansdale, PA 17090 3. The Decedent was married, but separated at the time of his death from Christina L. McGarvey who resides at 4621 Clarendon Street,Harrisburg, PA 17109. It is averred that the Decedent and Christina L. McGarvey were married on March 26, 2011 and separated on September 10, 2011. Both the Decedent and Christina L. McGarvey maintained separate households. 4. The Decedent died without a Last Will and Testament. '1 u'i 'II AI"f1! " 5. Due to the separation of the Decedent and Christina L. McGarvey, the children of the Decedent are seeking the appointment of Shawn M. McGarvey (the "Petitioner") as Administrator as Christina L. McGarvey has forfeited her share pursuant to § 2106(a)(1) of the Pennsylvania Probate, Estates, and Fiduciaries Code. 6. Krista M. Hamilton has renounced in favor of the Petitioner to serve as Administrator. A copy of the executed Renunciation is attached hereto as Exhibit"A" and made a part hereof. 7. The only known assets of the Estate are the residence located at 1532 Center Street,East Pennsboro Township, Cumberland County,Pennsylvania(tax parcel no. 09-17-1040- 029); personal property of Decedent located in the residence; and, possible litigation proceeds from an asbestosis matter filed in Florida. 8. Petitioner has prepared the Petition for Grant of Letters of Administration which is attached hereto as Exhibit"B" and made a part hereof. WHEREFORE, Petitioner requests that Your Honorable Re�ister declare that Shawn M. McGarvey shall serve as Administrator for the Estate of Michael J. McGarvey. Respectfully submitted, JSDC LAW OFF CES Date: + � s gy; .�,a.._: EDWARD P. SEEBER,ESQUIRE Attorney I.D. #76084 Suite C-400 555 Gettysburg Pike Mechanicsburg,PA 17055 (717) 533-3280 Counsel for Shawn M. McGarvey ..�, �. �.�.� � VERIFICATION I, Shawn M. McGarvey, hereby verify that the facts set forth in the Petition for Hearing for Grant of Letters of Administration are true and correct to the best of my knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: S o1.� � � s � � Shawn M. McGarvey ,:,��n r�ir a�T�i � RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA , Deceased Estate of Michael J. McGarve �� Krista M. Hamilton in my capacity/relationship as (Print Name) of the above Decedent, hereby renounce the right to Dau hter administer the Estate of the Decedent and respectfully request that Letters be issued to Shawn M. McGarve � .I� Yv'"�;,A.�-��r � rs""er°�� Krista M. Hamilton (Date) 6825 S rin Road ' (Street Address) Shermansdale, PA 17090 ' (CNY,State.ZiP1 Executed in Register's Off�ce Execufed out of Register's Office Before the undersigned personally appeared the Sworn to or affirmed and subscribed party executing this renunciation and certified before me this day that he or she executed the renuncia ion for the , purposes stated within on this day of , of � � � �� . Nota ublic Deputy for Register of Wills My o mission Expires: (Slgn, and seaf of Notary or other official qualified ro ister oaths. Show date of expiration of Notarys commission.) , EXHIBIT COMMONWENOTARIAL SEAL NSYLVA � � Cheryl L.Baker,Nohry P�bUC � Upper Allen Twp.,Cumbertand C 2 g , My Commission Expires Jan,13, ' M MBE , NNSYLYANIA ASSOCIATION Form RW-OB Rev.10.13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. .��irr_ir n�� R 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 Lette�s as specified below, and in support thereof aver(s)the following and respectfuliy request(s)the grant of Letters in the appropriate form: Shawn M.McGarve oecedent's Information File No: 27-15 Name: Michael J.McGarvey (Assigned by Register) a/k/a: a/k/a: Social Security No: 167-38-5745 a/k/a: Age at Death: 63 Date of Death: 0112712015 (State)with his/her last County, PA Decedentwas domicfled at death in Cumberland East Pennsboro Cumberland principal residence at 1523 Center Street,Enola 17025 City,Township or Borough County Street addreas,Post Offioe and Zip Code East Pennsboro Cumberland PA 1523 Center Street,Enola 17025 scata Decedent died at City,Township or Borough County Street address,Post Office and Zip Code Estimate of value of decedenYs property at death: $ If domlciled in Pennsylvanfa..................•••• All personal property If not domiclled in Pennsylvanla................ Personai property in Pennsylvania $ If not domlciled in Pennsylvanfa.................Personal property in County 124,000.00 Value of real estate in Pennsylvan►a................................................................... $ 124,000.00 TOTAL ESTIMATED VALUE 5 EastPennsboro Cumberland Real estate in Pennsylvania situated at 1523 Center Street,Enola 17025 (Attach add�itfonal sheefs,if necessary.) City,Township or Borough Counry Street address,Post Office and Zip Code �q, o +�+ion for Probate-nd Grant of Letters T��+amentarv and Codicil(s) Petitioner(s)aver(s)that he/shelthey islare the Executor(s)named in the Last Will of the Decedent,dated thereto dated State relevant circumstences(e•8•,renunaaHon,death of executor,etc.) to a pending Except as follows:after the�{hecu�ounds foe divorce had been estabiished as defi edent23 Pa.C.Sr�§�3323(g)tand did noWhave a ch d born or divorce proceeding wherei 9 adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitate person. �NO EXCEPTIONS � EXCEPTIONS •-s��ttRrs of Administration (If applicable) � g, p i�an ror"�� c.t.a.,d.6.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minorita e If Administration,c.t.a or d.b.n.c.t.a., f 'ill i e ion A�bov and comolete Ils+of heirs. ExCept aS follows:Decedent was not a party to,pending diyorce proceeding wherem the gtounds fof divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killmg nor ever adudicated 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(attac additional sheets,if necessary): Relationship Address Name 6825 Spring Road Krista M.Hamilton Daughter Shermans Dale PA 17090 Spouse 4621 Clarendon Street Christina L.McGarvey Harrisbur PA 17109 Son 1523 Center Street Shawn M.McGarvey Enola PA 17025 EXHIBIT � � ner Group,Inc. Page 1 of 2 Fo.m RW-02 re�.�a��-2ott C ��irr.ir�r�r P — orr��ei u8e o�y Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address 1523 Center Street Shawn M.McGarvey Enola,PA 17025 The Petitioner(s)above-nameda Personal Represent tive(s)of the Decedent Pet9ioner(s)will well and t uly admin stebthe state ac ording to aw. belief of Petitioner(s)and that, Date Sworn to or affirmed and subscribed before Date me this day of oate osia By: For the Register To the Register of Wills: BOND Required? ❑ YES ❑ ND Please enter my appearance by my signature below: FEES: Attorney Signature: Letters.......................................... $ ( )Short Certificate(s)......... � )Renunciation(s).............. ( )Codicil(s)........................ printed Name: Edward P Seeber � )A�davit(s)...................... Supreme Court 76084 Bond............................................. ID Number: Com m ission.................................. Other JSDC Law Offices Firm Name: Address: Suite C-400 555 Gettysburg Pike Mechanicsburg,PA 17055 Phone: 717-533-3280 Automation Fee......•••••••••••••••••••••• Fax: JCS Fee....................................... E-mail: eps(a�Jsdc.com TOTAL......................................... $ DECREE OF THE REGISTER Date of Death: 0112712015 Social Security No: 167-38-5745 File No: 21-15 Estate of Michael J.McGarve a/k/a: ,in consideration of the foregoing Petition, AND NOW, satisfactory proof having been presented before me,IT IS DECREED that Letters of Administration are hereby granted to Shawn M.McGarvey in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wilis page 2 of 2 Copy�gM(c)2011 form soilware only The lacknar Group,Inc. �`�'!Il"1�'ll'�f'fIf� ` CERTIFICATE OF SERVICE I, Edward P. Seeber, Esquire, hereby certify that the foregoing Petition was mailed by depositing a copy of the same by United States First-Class mail, prepaid to the person set forth below: Krista M. Hamilton 6825 Spring Road Shermansdale, PA 17090 Shawn M. McGarvey 1523 Center Street Enola, PA 17025 Christina L. McGarvey 4621 Clarendon Street Harrisburg, PA 17109 � .,�` Date: Cp/�./�� ,.��..,...,,,,; Edwar P. Seeber, Esquire