HomeMy WebLinkAbout09-27-05
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Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Randy L. Flood
also knawn as
No. ~J." - <:::l S - ~ ~ ']
To:
. Deceased.
Social Security No. 194-52-7768
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut.i,A named in the last will of the
above decedent, dated May 9. .2005
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumb e r land
Pennsylvania, with hi..1>last family or principal residence at
591-18 Geneva Drive, Mechanicsburg, PA 17055
(list street, number and municipality)
County,
Decedent, then -4..6. years ofage, died Sept. 7 . 2~ at Harrisburg Hospi~al
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows: 591-18 Geneva Drive. Mechanicsburg. PA
Garage at 591 Geneva Drive. Mechanicsburg, PA
$
$
$
$
16.500.00
10?,000 00
12,000.00
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant ofletters, testamentary
(testamentary; administration c.la.; administration d.h.n.c.la.)
thereon.
,~<::> 4Si~atu~p:2{ner(s) .
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Residence(s) ofPetitionerCs)
RR#3. Box 910. Mifflintown. PA 17059
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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SS:
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above
decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to, or affirmed and subscribed {'t- ~W~
Before me this ')..:'\ "1"'- day of
-~~. ,20 <:::IS
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No. d.. '\ - ~ S - ",\03
Estate of Randv L. Flood
. Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~~_\:A.'( ~ "\~"" 2005 , in consideration of the petition on the reverse side
hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated
Mav 9.. 2005 . described therein be admitted to probate filed of record as the last will of
Randy L. Flood :andLettersareherebygrantedto Gail L. McWilliams
FEES
Probate, Letters, Etc. .............
Will.................................
$
$
Renunciation....................... $
$
$
$
$
$
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Short Certificates ("I) ............
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Automation Fee...................
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Total
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5115 East Trindle Road
Address
Mechanicsburg, PA 17050
717-691-5400
Phone
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Th" IS to certify that the information here given is correctly copied from an original cnld'il'ate oj deat 1 ,july, filed with
Loul Registrar. The original certificate will be forwarded to the State VIlal Records Office tor pClmand!1 I dlIlg,
me as
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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L,f(:al Re!!islrar Cf
Fee for this certificate, $6,00
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SEP 1 0 2005
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CO.MONWEAL TH OF PENNSYLVANIA. DEPART.ENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
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On "'- Hats ofaxllDlnatlcn anellOI' ~lpIon, In my opinion, d..eh~......-.cI .. tM time, aail. ~ piaGI" Mc:I da.- to'" Cal".I_) end
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REGlSTRAR'S &lGHATUM! AND NUMBER
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LAST WILL AND TESTAMENT
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OF
RANDY L. FLOOD
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I, Randy L. Flood, now or formerly of Mechanicsburg, Cumberland County,
Pennsylvania, being of sound and disposing mind and memory, do make, publish and
declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by
me at any time made.
ITEM I: I direct that all inheritance and estate taxes becoming due by
reason of my death, whether such taxes may be payable by my Estate or by any recipient
of any property, shall be paid by my Executor out of the property passing under this Will,
which is not specifically devised or bequeathed, as an expense and cost of administration
of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for
any such tax paid by my Executor even though on proceeds of insurance or other
property not passing under this Will.
ITEM II: I hereby exercise all powers of appointment which I may have at
the time of my death in favor of my Executor, and all property subject to all such powers
shall be included in my Estate.
ITEM III: I give and bequeath all my household furniture and furnishings,
automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all
other like articles of household or personal use and adornment to my nieces, Julie Beddia
and Angela Sutch, and nephews, Ryan McWilliam and Nickolaus Flood to be distributed
to them in equal shares by my Executor.
ITEM IV: I give, devise and bequeath all of the rest, residue and remainder
of my property, real, personal and mixed, to nieces, Julie Beddia and Angela Sutch, and
nephews, Ryan McWilliam and Nickolaus Flood to be distributed to them in equal shares.
ITEM V: In the settlement of my Estate, my Executor shall possess, among
others, the following powers to be executed for the best interest of the beneficiaries:
(a) To sell, either at public or private sale and upon such terms and
conditions as my Executor may deem advantageous to my Estate, any or
all real or personal estate or interest therein, whether owned by me
severally or in conjunction with other persons or acquired after my death by
my Executor, and to consummate said sale or sales by sufficient deeds or
other instruments to the purchaser or purchasers, conveying a fee simple
title, free and clear of all trust and without obligation or liability of the
purchaser or purchasers to see to the application of the purchase money or
to make inquiry into the validity of said sale or sales; also, to make, execute,
acknowledge and deliver any and all deeds, assignments, options or other
writings which may be necessary or desirable in carrying out any of the
powers conferred upon my Executor in this Paragraph V (a) or elsewhere in
my Will.
Page 2 of 8
(b) To pay all costs, taxes, expenses and charges in connection with
the administration of my Estate. My Executor shall pay expenses of my last
illness and funeral expenses.
(c) To distribute my Estate in kind or in money. If any assets are
distributed in kind, they shall be distributed at their respective value(s) on
the date(s) of their distribution.
(d) To retain any investments I may have at my death so long as my
Executor may deem it advisable to my Estate so to do.
(e) To vary investments, when deemed desirable by my Executor
and to invest in such bonds, stocks, notes, money markets, real estate
mortgages or other securities or in such other property, real or personal, as
he shall deem wise, without being restricted to so-called "legal
investments. "
(f) To mortgage real estate and to make leases of real estate.
(g) To borrow money from any party to pay indebtedness of mine or
of my Estate, expenses of administration or inheritance, legacy, estate and
other taxes.
(h) To vote any shares of stock which form a part of the Estate and
to otherwise exercise all the powers incident to the ownership of such stock.
Page 3 of 8
(i) In the discretion of my Executor, to unite with other owners of
similar property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of the Estate.
U) To distribute my personal property directly to the Guardian of the
person of any minor beneficiaries hereunder.
(k) To elect such settlement options as deemed most appropriate by
my Executor with respect to any pension, profit sharing or other retirement
plan in which I am a participant.
(I) To do all other acts in the judgment of my Executor necessary or
desirable for the proper and advantageous management, investment and
distribution of my Estate.
ITEM VI: Any person who shall have died at the same time as Testator or
in a common disaster with him, or under such circumstances that it is difficult or
impossible to determine who died first, shall be deemed to have predeceased her.
ITEM VII: If, at any time, any minor child or disabled person shall be
entitled to receive any assets hereunder, Gail L. McWilliams of Mifflintown, Pennsylvania,
shall act as Guardian of the assets payable to such person. Said Guardian may receive
and administer all assets authorized by law and shall have full authority to use such
assets, both principal and income, in any manner said Guardian shall deem advisable for
the best interest of such person, including college, university, post-graduate or other
education, without securing court order. Said Guardian shall have all the rights and
Page 4 of 8
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privileges as to the Guardianship and the assets thereof as are herein granted to my
Executor as to my Estate and the assets therein.
ITEM VIII: I nominate, constitute and appoint my sister, Gail L. McWilliams,
to be my Executrix (herein referred to as "Executor"). My Executor and Guardian are
specifically relieved from their duty or obligation of filing any bond or bonds.
IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will
and Testament, consisting of this, the next three (3) pages and the preceding five (5)
J.;l
pages this ,~ day of May, 2005.
Page 5 of 8
."
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
Testator, Randy L. Flood, as and for his Will, in the presence of us, who, at his request, in
his presence and in the presence of each other, have hereunto subscribed our names as
witnesses in attestation thereof.
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Page 6 of 8
5115 East Trindle Road
Mechanicsburg, PA 17050
72 South Pin Oak Drive
Boiling Springs, PA 17007
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF CUMBERLAND
I, Randy L. Flood, the Testator whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that 1 signed and executed the instrument as my Last Will; and that I signed
it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Randy L. Flood, the
Testator, this 9..1:...A.. day of May, 2005.
~{! -t::1{ //.
NO~~~f It JhuL1
My Commission Expires:
(SEAL)
- NOT AF,IAL SEAL '
, CONNIE R SHULTZ. Nolary Public \
Mechanicsburg Bora,. CumberlandC?u~ty
My Commission Expires August 19, 2Uuf~.
Page 7 of 8
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF CUMBERLAND
We, John R. Fenstermacher and Robyn A. Cronin, the witnesses whose
names are signed to the attached or foregoing instrument, being duly qualified according
to law, do depose and say that we were present and saw the Testator sign and execute
the instrument as hid Last Will; that the Testator signed willingly and executed it as hid
free and voluntary act for the purposes therein expressed; that each subscribing witness,
in the hearing and sight of the Testator, signed the Will as a witness; and that to the best
of our knowledge, the Testator was at that time 18 or more years of age, of sound mind
and under no constraint or undue influence.
Sworn to or affirmed and subscri~ed to before me by John R.
Fenstermacher and Robyn A. Cronin, witnesses, thisWday of May, 2005.
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Witness
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My Commission Expires:
(SEAL)
NOTARIAL SEAL
CONNIE R SHULTZ. Notary Public
Mechanicsburg B:)ro" Cumberland County
My Commission Expires August 19, 2006
Page 8 of 8