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HomeMy WebLinkAbout11-17-06 . Register of Wills of Cumberland County Estate of- JOHN H. TOOMEY also known as PETITION FOR PROBATE and GRANT OF LETTERS 41 ~(XJ - /ot/0 No. To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania . Deceased. Social Security No. 195-16-3106 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the executor named in the last will of the above decedent, dated June 30 I 1988 . 20 and codicil(s) dated None (state relc:vam citcumstan~es, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with hisast family or principal residenC(e at . . 1 Park Road; Mechanicsburg(S11ver Sprlng Townshlp) (list street, number and municipality) Decedent,then 81yearsofage,diedNovember 8 .20Q.L,atHoly ~p;r;+ H(')~pital 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: DeC!edent ma:r:riedGenevieveMurphy subsequent to execl1uion of Will. County, 17050 Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (Ifnot 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: $ Unknown $ $ $ None 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.t.a; administration d.b.n.c.t.a) o ~ Residence~~ ofPetii8= ~ .-::~ Q04 16th Stree Ne~'~, . e~ndi~;, p~ J l~ ~ -~~1 7 ~~_~~ :r~;::::::: -4 _ .~.:'~ ;,~~.~!\ ~~? ~ ,(~ _..,:~ :.U l::.-! -... -~ --:'1 :'-.:;.-::;::1 thereon. Signature(s) ofPetitioner(s) ~on.ald J,/i'E' 'T'nnmpy -8~ ~ ~~ co -:......! >~ (:1 0) °` `"" Register of Wills of Cumberland County ~' e OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1 j SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirms} that 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 above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or af$rmed and ubs~ibed Before me this day of ~ Rnn a l A TAP mp~eT-- ~ P;ovember , 20 06 ~ `. ` ~ ~~~. ~ No, - U ~`~ _~._IM f _ Estate of ~ iC ~ r I ~1 ~'1 ~ rUU ~~~' ~ ,Deceased i ~( DI^ECR/EE OF PRO~B/ATE AND GRANT OF LETTERS AND NOW I \J ~1~ ~ /~ U~Y ~ l1 2~~, 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 June 3 0 , 19 8 8 ,described therein be admitted to probate filed of record as the last will of John H . Toomey ;and Letters are hereby granted to Ronald Lee Toomey FEES Probate, Letters, Etc .............. Will ................................. Renunciation ....................... Short Certificates (~ ............ JCP .................................. Automation Fee ................... Bond ................................. F Register of r is ~ / SNELBAKER & BP.ENNE N, P ~ ~~ ~ ~ ~ ~~ g ~:, $ ~?' cR) $ ~Q ~ $ ~~ P 44~~es~a~nDStrlee~ker #06355. Mechanicsburg, PA 17055 Total Filed i! -'~~ 20~~ ~ ~- $ t(~---- Address (717} 797-8528 Phone c~ . Re~~erof~illsofCumberlandCoun~ RENUNCIATION Estate of John H. Toomey Also known as No. ()~ -/~/ , deceased To the Register of Wills of Cumberland County, Pennsylvania Keith E. Toomey and Theundersigned Patrick M. Toomey Sons (Name) (Relationship) (Capacity) of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters Testamentary be issued to Ronald Lee Toomey (erroneously named Richard Lee Toomey in Decedent's Will). Witness my/ourhand(s) this 15rltdayof NovAmhAr , 200..6.... Affirmed and subscribed before me this /5"~dayof A}()IIt;rJ1bet2.. , ~ m2f ~/, ~ Notary Public ~ --=:: .%7'5' Nicole. All,..,,,, J(, SS I. If ,.rJ Fl- 3'17 I( (/ (Address) ~ My Commission Expires: did vi 07 I I '-/... c;1'l ~\"~iote. L, '0 '1 so..,c)(. I ':-J Y\ V 1l.t)5 , . (Address) Or Affirmed and subscribed before me this _ day of (Signature) Register of Wills (Address) Deputy (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission) o ~u :~~CJ .:) -1--: r--" :;:~~~i r-'-,. ,r-'.... '::-! ',~",j (_) -r1 '-.- -::B ::p-l ..>> "'" c::> <=:> 0"\ ~ a .< _J co CO) (:, - I, f~ ,- CD HI05.805 REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanen~ filingt:t, -/oSL'Y WARNING: It Is Illegal to duplicate this copy by photostat or photograph. No. W~ ue..-k4 Fee for this certificate, $6.00 Local Registrar p 12934610 .JA ~ M i6 ~ .to., ~tO€ Date C) C ...;0 ~.~~, ~ C") _J :~~~ E! - ._"'-~ (J) /-, ..E5;~~ ..~)S; ~--l -p. r-...> c::::> = ~ ~ ....- c::> < ;:~ F~ _:1-"~ -..A.-J C',-<~) tTl _~.~; (:J . ., r'~) ",''[1 'T1 (:'") fT1 -.I ~ -'~ co I ~~.:"--J ex> Hl~IUIlfV_ TtPEIPAlHf" ~Mr lIL'OUNlI ,. _do-.o\fftl._..~ COIIIlIONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH-VITAL RECORDS . CERnFICATE OF DEATH 5 Ap"'~ 13 31)ob 81 VII .. ...... Klndd_ KInd"'_ -, Chief of Police Law Enforceme .6. .....__liyl_._....~ 1 Park Road Mechanicsburg PA 17050 11 f....._IF...._......~ Robert Morris Toome -- rr...IPIWI r.. 0Ir ,''' g 5 Pa 170 8 37EMAIN Sf MECHANICSBURG PA 17055 L-. SipcI ..... .-l W1[>4,-~~q~ oe......_OI_ :l O() l? ....-.- 0GIII1o 0uIt a w.c.o___ 0.. ~.. PIIII:~"IIiIMbRIIDIIliIilIIIlt;~""b"" ... 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L-....... . . :.::..==.--........-...-.- .....~_.I--.-----_---------_____\ZI M btp.."?l'l? \I q ()(D 00.._..__1...............""........_.........................._.........._1__."""-..0 _..._.. _~c..dllolll_2?) llllOl,,*, 0.. 0 No ~ D- O- 0-._ DdT.....1Iljwy O~ OCooill.....__ c -.s:. o J ~ ~ ~ I ,A HU"f1 bI;9"'1 HOLi SPlR.IT HooPI17'\ L- .'.'---,- _.~.._. .-. ~.._.~- .--...-.._-,_.~<,~- "-"'~.'_.'. ._.. .-..- ---.__....,-..--".~- o-eo - pC/I '1""""I'"\D[\r"~ '"'FFI"r- r<c ,....".1.1 'I'". "-. : J --I I.- II- I li~..'....""'" 1 .'1...,.,: '.J Vf_ '~,li AFFIDAVIT IN SUPPORT OF GRANT OF LETTERS TESTAMENTARY TO RONALD LEE TO.V 22 PM 2: 52 COUNTY OF CUMBERLAND ) : SS ) CI ECY<, Cr . i I.' Ir OF'pL It' I",' "('~I lOT \ Il,c.j\.; '::~ ~.I\_.,'~~Ji t ('L' \. ! C" r.---.I ! T' 1-' (, R'A v ij',l.' . <<../..J" COMMONWEALTH OF PENNSYLVANIA RICHARD C. SNELBAKER, being duly sworn according to law deposes and says: That he was the scrivener of the Last 'Will and Testament of JohnH. Toomey dated June 30, 1988, said Will having been delivered to the Register of Wills in and for Cumberland County, Pennsylvania, on November 17,2006, for probate by Ronald Lee Toomey; That in the clause entitled "Lastly", the Testator nominated and appointed his wife, Joyce A. Toomey, to be the Executrix of said Will, and further provided that if she failed to qualify, he nominated and appointed his son, namely, "Richard Lee Toomey" to be the Executor of said Will; That the said Joyce A. Toomey predeceased John H. Toomey; That the said John H. Toomey had no son named "Richard Lee Toomey"; That the said John H. Toomey's eldest child, a son, is named "Ronald Lee Toomey", to which the Testator makes reference as a residuary beneficiary in Item Third of Said Will, where the name "Ronald L. Toomey" appears; That the reference to Richard Lee Toomey in Item Lastly was a typographical error, which was not noticed when the Will was executed; That your deponent knew the Testator tor many years and is satisfied that the Testator intended to appoint his eldest child, namely, Ronald Lee Toomey to be the Executor of his Last Will and Testament; and That the foregoing statements are true and correct to the best of his knowledge, infonnationand belief. ~~ Richard C. Snelbaker Sworn to and subscribed before me this ,;J./4-r day of November, 2006. ~ ~~ Notary Public -- - - COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matrazi, Notary Public Mechanicsburg 8010, Cumberland County My Commillsion Expires Nov, 24, 2007 Member. Pennsylvania Association Of Notaries SNELBAKER 8 BRENNEMAN, P.C. ^ PROFESSIONAl CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD c. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 November 21, 2006 Office of the Register of Wills Cumberland County Court House 1 Court House Square Carlisle, P A 17013 Re: Estate of John H. Toomey, Decesed Dear Ladies: As requested, I have prepared and enclose herewith my affidavit indicating that the reference to "Richard Lee Toomey" in Item Lastly of the Decedent's Will dated JUDt: 30, 1988, was an inadvertent error made during the preparation of the Will. I trust that this document will be sufficient to complete the probate of Mr. Toomey's Will and to effect the issuance of Letters Testamentary to Ronald Lee Toomey as contained in the petition for probate. Richard C. Snelbaker RCS:jjc Enclosure o S=o ~~~.... :v z ,) "D a '\70 <:: }};f;;' N ~;~.~ ~ :::-J':o, ~':J :c.-1 ):> " :x "~ c..n N I"-..) = ~=-:) c:n .:::0 In ("") .:::::> ___D o fT'] c:..-=, c,:; -'" .,-, CJ .____ I I t ~~~~ "" 0(, - /cyy' LAST WILL AND TESTAMENT I, JOHN H. TOOMEY, of the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Executrix, Executors or Executor, as the case may be, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situated unto my wife, JOYCE A. TOOMEY, absolutely and in fee simple, if she survives me THIRD. If my wife, JOYCE A. TOOMEY, should not survive me, and if all of my children, namely, RONALD L. TOOMEY, KEITH E. TOOMEY and PATRICK M. TOOMEY, have attained the age of twenty-two (22) years at the time of my death, then and in that event I give, devise and bequeath my entire Estate in equal shares unto my said children, share and share alike, absolutely and in fee simple. ould any of my said children predecease me and leave lawful issue to survive them, I order and direct that the share or part of my Estate which such decease Child or children would have received hereunder had he or they survived me shall be distributed unto the issue of such deceased child ~ childr~ per S~; ("J ~~ -,..-'-~~ stirpes, said issue taking his, her or their deceased ancese~rgs or ~~ce~~~~~~ ,! ~', f? ~-2 '( :cj share or shares hereunder by representation and not per cap1tl!E;~.;j -.lr~ ~' .,' ....'-.~ '-_.-' ".-"-\,'-' ) ....-'") If , however, any of my said children are under the age.~~; ~en~"-two ~(~) . .-.-;..... t"-~ ':'=1 CO ,c I'n years at the time of my death and should they be otherwise Jhtitled~o r~~~~~e OJ my entire estate under the provisions of the paragraph immediately preceding hereinabove, then and in that event, I give, devise and bequeath my entire sai Estate unto COMMONWEALTH NATIONAL BANK of Harrisburg, Pennsylvania, as my LAW OFFICES SNELBAKER a ELICKER Trustee, in trust, nevertheless, to hold, invest and re-invest the same. to .. collect the income, and after paying all expenses incident to the management of said trust, to use and apply as much of the net income and principal thereof as may be necessary in the sole discretion of my Trustee for the support, maintenance, care and education of such of my children as may be under the age of twenty-two (22) years, it being my will and intention to provide for each child who has not attained such age and who may be dependent and unemancipated (by reason of disability or full time attendance in a school) at the effective time hereof with the same or similar advantages and benefits during his depend- ency which I have provided to my older child or children together with the privilege of acquiring a college or other post-high school education; and upon the youngest of my children attaining the age of twenty-two (22) years, I order and direct that the balance of principal and any accumulation of income remaining in the hands of the Trustee be distributed in equal shares unto my said children, share and share alike. In the administration of my said Estate. I authorize and empower my said Trustee to keep and retain my personal residence for the use. welfare and con- venience of my son. PATRICK M. TOOMEY. it being my express wish and desire to allow my said son and his Guardians to use said residence as his home during his dependency. It is my express will and considered thought that my said Trustee should terminate any benefits under the foregoing trust for any child under the age of twenty-two (22) years who has by his personal conduct become independent, completed formal education or otherwise demonstrated his lack of dependency upon the funds under the management and control of the said Trustee. In addition to the foregoing directions and general discretion vested in my said Trustee, the said children's persistent display of lack of personal initiative and industry shall be considered by my said Trustee as sufficient cause to discontinue the discretionary distribution provided hereinabove. It is my further express instruction and direction that all discretionary payments hereinabove provided shall cease for each of my said children upon LAW OFFICES SNELBAKER a ELICKER the attainment by each said child of age twenty-two (22) years, thus making LAW OFFICES SNELBAKER a. ELICKER ~ *' - available the balance of said trust for use in the purposes set forth above for my younger child or children. LASTLY. I nominate. constitute and appoint my wife. JOYCE A. TOOMEY. to be the Executrix of this. my Last Will and Testament. but if for any reason she should fail to qualify as such Executrix or cease so to serve. and if all of my children have attained the age of twenty-two (22) years. then and in that event. I nominate. constitute and appoint my son. namely. RICHARD LEE TOOMEY. to be the Executor hereof. each to serve without bond. If both of the above named individuals should fail to qualify as my personal representative hereunder or cease so to serve. then and in that ulti- mate event. I nominate. constitute and appoint COMMONWEALTH NATIONAL BANK of Harrisburg. Pennsylvania. to be the Executor of this. my Last Will and Testament. IN WITNESS WHEREOF. I. JOHN W. TOOMEY. have hereunto set my hand and seal to this. my Last Will and Testament which consists of three (3) typewritten pages to each of which I have affixed my signature this jtJi.!J day of \J(),JE:. A.D., One Thousand Nine Hundred Eighty-eight (1988). The preceding instrument, con typewritten - (SEAL) pages. each identified by the signature of the Testator. was on the date thereo signed. sealed. published and declared by JOHN H. TOOMEY, the Testator therein named, as and for his Last Will and Testament. in the presence of us. who, at his request. in his presence, and of each other, have subscribe our names as witnesses hereto. e~fyn.7~ LAW OFFICES SNELBAKER a ELICKER .. - COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) We, JOHN H. TOOMEY, RICHARD C. SNELBAKER and JANET M. FORRY, the Testator and the witneses, respectively, whose names are signed to the attached or fore- going 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 Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his or her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Witness VQ.'A.I. f m. 1"'-^^ " Witness Subscribed, sworn to and acknowledged before me by JOHN H. TOOMEY, the Testator and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANET M. FORRY. witnesses, this 3o~ day of ~ ' 1988. L?aaf~ ~ ~ Notary Public CATHARINE E. 8OUSUM, NOTARY PUBLIC MECHAIUCSBlIRG BORO. CUM8ERLAND COUNl1 M' COMMISSION EXPIRES FEB. 27, 1990 M!mber. P~Ill1S)'lvanil Associatio!l of 'lob, f..