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Home My WebLink About08-19-15 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: Rebecca A McClinc DecedenYs Information Name: Paul C.McClincy File No: 21-15 —'Q�(1 � a/k/a: a/k/a: (Assigned by Register) a/k/a: Social Security No: Date of Death: 07/77/2015 AAe at Death: 90 Decedent was domiciled at death in Cumberland County, pp (Srate)with his/her last principat residence at 572 Meadow Croit Circle,Mechanicaburg 17055 U er Allen Street address,Post Office and Zip Code Pp Cumberland City,Tawnship or Borou9h County Decedent died at Bethany Village Mechanicsburg Cumberland PA Street address,Post Office and Zip Code City,Township or Barough County State Estimate of value of decedent's property at death: lf domiciled in Pennsy/vania...................... Ail personal property $ Ifnot domiciled in Pennsylvania................ Personal property in Pennsylvania $ 55 000.00 If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsyhrania................................................................... $ TOTAL ESTIMATED VALUE 5 55,000.00 Real estate in Pennsylvania situated at (Atfach additiona/sheets,Knecessary.) Street address,Past Office and Zip Code City,Tawnship or Borough Caun � �A Petition for Probate and rant of Letters Test�mentnl'V Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 02/15/2010 thereto dated and Codicil(s) State relevant circumstances(e.g.,renunciation,death ofexecutor,etc.J Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not ma 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS � EXCEPTIONS ❑ B. Petition for Grant of Letters of A�ministration Qf applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.a or d.b.n.c.ta.,�nter date of Will in ection A above-nd comolete list of heirs. Except as follows:Decedent was not a party to pending divorce proceedin wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a kiliing nor ever a�udicated an incapacitated person. �NO EXCEPTIONS � EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Wili and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address c � o � � c� r� .� a rn � ;�� . �-_ �" ..� ;�.� �,-, .,._..r c-� , ...� , � � _ r.7 � '' `7 Fom,RW-02rev.�oa�-zo�� " �'� Copyright(c)2011 fortn software only The.Lajckner Grou{�Jpc. � � Page 1 of 2 _ r—. r'� � c� o � Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland } SS: } Petitioner(s)Printed Name Petitioner(s)Printed Address � � rn Rebecca A McClincy 572 Meadow Croft Circle C o � �...� Mechanicsburg,PA 17055 � � c.:_ - � �:a -� ''"� � Name as listed in Will: Rebecca M.Darr � �.� _ �� `"..� � .. 'I_.I � r`a .�,_ - .�:,, - , _.� .� -�t _ -e�t " , :;'�_ C> W r-- rn G� p � CD The Petitioner(s)above-named swear(s)or affirm(s)the statements' he fore o' g@titi are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of th nt 'io ell and truly administer the estate according to law. Swom to or irmed an subscribed before �-7 �-�- �a�e � �� me thi ' day o �- CIU Ij � Date By: t ` o e Re isfer Date Date BOND Required? � YES �X NO To the RegisterofWi/Is: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 135.00 Attomey Signature: ( 2 )Short Certificate(s)......... 10.00 . ( )Renunciation(s).............. � � ( )Codicil(s)........................ � `� ( )Affidavit(s)...................... Print d Name: James D.Hughes Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 58884 Other Will 15.00 Inheritance Tax Return 15.00 Inventory Firm Name: Salzmann Hughes,P.C. 15.00 Address: 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 Phone: 717-249-6333 Automation Fee............................ 5.00 JCS Fee....................................... 35.50 Fax: 717-249-7334 TOTAL......................................... $ 230.50 E-mail: ihuahesCaasalzmannhuahes com DECREE OF THE REGISTER Date of Death: 07/17/2015 Social Security No: 195- Estate of Paul C.McClincv File No: 21-15 —��_ a/k/a: AND NOW, � � , Q� ,in consideration of the foregoing Petition, satisfactory proof havi een presented before me,IT IS DECREED that Letters Testamentarv are hereby granted to Rebecca A McClincy in the above estate and(if applicable)that the instrument(s)dated 02/15/2010 described in the Petition be admitted to probate and filed of record as th ill(and Codicil(s))of Dece t. dr� gister of wills � � Copyright(c)2011 form software only The Lackner Group,Inc. � �,��;' � � �� '�� "�� REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y �F �vMe ,� �� `� No. 2015- 0090� PA No. 21- 15- 0901 J� V � Estate Of: PAUL C MCCLINCY Q D �Z (Fust,Middle,Casd � �� v La te Of: UPPER ALLEN TOWNSHIP G� CUMBERLAND COUNTY X Deceased Soci al Securi ty No: 1750 wHEREAS, on the 20th day of August 2015 an instrument dated February 15th 2010 was admitted to probate as the last will of PAUL C MCCLINCY (Fiist,Middle,Lastl late of UPPERALLEN TOWNSH/P, CUMBERLAND County, who died on the 17th day of July 2015 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 Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: REBECCA A MCCLINCY who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, aIl of which ful l y appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VAN/A. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 20th day of August 20�5. r.,�._ tn / ! �-/ O �� V-� _ � Regist of Wi s � � � __7 Q"j - � "��Il,(/ `� � � .. �,. !�._ i�_ � : `., D puty ('".� ..... . � � _ - � ` � Lt J N ,, � ,� ' �`___..� � `,r� � CJ � Ls.i � � �-� � G� E.�I.J �'� v�-� � � � � � � C.? ��.� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) ' c� o .�C- p' �_ � m CTJ -'a � �'T'i n 'TJ � � '�? a �-� � �,� � .. � r- � ._,� � �_ _.. ,--� �, r, �,rt - _ C,p ' � ... � . '? � _, �;� ;, 'l � �� `� LrAST WILL AND TESTAMEN'�' � w ,�.�:: rn - �.� �� I, PAUL C. McCLINCY, of Hampden Township, Cumberland Counry, Pennsylvania, � being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death t�es imposed ar payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate t�es, whether to non-charitable or charitabl� beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/ar bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I give, devise and bequeath my estate as follows: A. The real property and all improvements thereon known as 572 Meadow Croft Circle, Mechanicsburg, Pennsylvania to my daughter, REBECCA M. DARR, per stirpes. If my daughter has predeceased me without leaving surviving issue, this real property shall be distributed to my spouse, JOYCE A. McCLINCY. If my spouse has also predeceased me, this real property shall be distributed in accordance with the common disaster provision in Paragraph FIVE below; and B. The rest, residue and remainder of my estate of whatever nature and wherever situate to my spouse, JOYCE A. McCLINCY. FOUR If my spouse, JOYCE A. McCLINCY, does not survive me by a period of 4� at least sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my T� estate to my daughter, REBECCA M. DARR, per stirpes, which provides that the child or � children of any deceased beneficiary shall take the share their parent would have taken if living. FIVE. In the event of a common disaster causing the death of myself, my spouse and all of my children, without leaving surviving issue, all within a period of sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate to ST. JUDE CHILDREN'S RESEARCH HOSPITAL in Memphis, Tennessee. SIX. If any heir or beneficiary is under the age of twenty-five (25) years old at the time of distribution thereto, then said heir or beneficiary's share shall be held IN TRUST by the hereinafter mentioned Trustee according to the following terms and conditions: Upon creation of this Trust, the Trustee shall divide the same into individual shares in accordance with the share that each said heir or beneficiary inherited hereunder. The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, 2 unconverted, any property, real ar personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of my heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heir or beneficiary such portion of or all of the principal of the trust estate as in the Trustee's sole � discretion seems proper for their continued support, maintenance, education, medical care or general welfare. My primary objective is to ensure the continued support, maintenance, education and medical care of my heir or beneficiary until they reach the age of twenty-five (25) years. Notwithstanding the above purpose of this trust, the Trustee, in the Trustee's sole discretion, ma distribute an �� y y portion of the income or principal of the trust estate over to any .j_ heir or beneficiary who has not attained the age of twenty-five (25) years prior to the ultimate � distribution hereof as the Trustee deems proper for the health, maintenance, education or setting up of an heir or beneficiary in business or in a profession, or the purchase of real property or for similar purposes or for any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each heir or beneficiary reaches the age of twenty-five (25) years, then whatever remains of income or principal of his or her trust estate shall be distributed to my heir ar beneficiary, per stirpes. In the event that any heir or beneficiary of this Paragraph predeceases me or becomes deceased prior to the distribution of their Trust without leaving surviving issue, the deceased heir or beneficiary's share shall be distributed to my residual beneficiaries as stated in Paragraph FOUR above. SEVEN. I nominate and appoint my daughter, REBECCA M. DARR, to be the Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my spouse, JOYCE A. 3 McCLINCY, to be the substitute Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify, ar is not able or does not serve for whatever reason, I then appoint the then current senior partner of SALZMANN HUGHES, P.C., or its successor, to serve as substitute Executor of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executrix hereunder. EIGHT. I hereby nominate and appoint the then current senior partner of SALZMANN HUGHES, P.C., or its successor, to serve as Trustee of the Trusts created in Paragraph SIX and any other Trusts created herein. � NINE. No person(s) shall benefit hereunder unless such beneficiary shall survive �� me by sixty(60) days. � TEN. No Executrix, Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. ELEVEN. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. TWELVE. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. THIRTEEN. The Trustee, as well as my Executor or Executrix, shall ha�e the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income ar principal, exercisable without court approval and effective until the distribution of all property under the terms of the trust set forth above: 4 . �. The Trustee, at its discretion, may compromise claims, bonow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisabiliry of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. � . . . �� FOURTEEN.If any person or institution entitled to share in any distnbution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited sha11 be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. 5 , IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1Jr day of �/ , � , 2010. C� � . c. �� SEAL> PAU C. McCLINCY Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. t� , r'r l� � i` s � � f � /// 6 ACKNOWLEDGMENT AND AFFIDAVIT WE, PAUL C. McCLINCY, JAMES D. HUGHES, and JENNIFER M. NEGLEY, the testator and witnesses respectively, whose names are signed to the 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 herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. . �� . �c cY JA S . HUGHES ,A�: � ^ i, JE NIFE 1VI. NEGLEY COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND . Subscribed, sworn to and acknowledged before me by PAUL C. McCLINCY, the testator herein, and subscribed and sworn to before me by JAMES D. HUGHES and JENNIFER M. NEGLEY, witnesses, this 1�� day of j t��e�� , 2010. � � �'/1�c(,�,� ��a,.cM� Notary Public C;UMiviONlAi�/S.L7�S�ir F�E�VNSYLVANIA Notarial Seal Tamera S.Siegrist,Notary Public 'J Waynesboro Boro,Franklin County My Commission Expires Dec.1,2010 Member,Pernsyivania.4ssociation of Notaries