HomeMy WebLinkAbout11-30-06
Register of Wills of~~F!!Il_~!I~I1~ County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Marcella L. Dee
also known as
No.
21-06-
Icfi!I
, Deceased
Social Security No. 086-18-1243
Claudia O'Neill and Marlene Gaines
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 08/16/1994 and codicils dated
Co-Executrices
named in the last Will of
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent: f'o..)
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 119 W. Hillcrest Drive, N. Middleton Township, PA
(list street, number, and mUnicipality)
Decedent, then ~ years of age, died
11/22/2006
at 119 W. Hillcrest dr., Carlisle, Cumberland Co., PA
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
30,000.00
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant
of letters in the appropriate form to the underSigned:
Ignature yped or printe name an residence
Claudia O'Neill 119 West Hillcrest Drive
Carlisle, PA 17013
Marlene Gaines
1125 Cherry Street
South Plainfield, NJ 07080
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
county of Cumberland
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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will
well and truly administer the estate according to law.
Sworn to or affirmed a
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subscribed
before
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No. 21-06- ~C~J~^ ''~ ~ ~ ;.~,
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Estate of Marcella L. Dee Dee
also known as ~ ~ ,..~ ~ %~~ ;y
Social Security Nc: 086-18-1243 Date of Death: 11/22!2006 ` ' ~ '' ~ _ ' ~'
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AND NOW, ,~~;~~ i'Y~,kJl~ ~ ,~~1. j ~ , in cons ar lion
...7
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters x~Testamentary ^of Administration
(c t.a.; tl.b.n.c.t.a.; pendente life; durante absentia; durante minoritate)
are hereby granted to Claudia O'Neill and Marlene Gaines, Co-Executrices
in the above estate and that the instrument(s) dated 8!16/1994
described in the Petition be admitted to probate and filled of record as the last Will of becedent.
FEES
Letters ..................................... .....$ 90.00
Short Certificate(s) ................. ..... $ 20.00
Renunciation .......................... ..... $
Affidavits ( ) ...................... .....$
Extra Pages ( ) ................. .....$ 15.00
Codicil ..................................... ..... $
JCP Fee .................................. .....$ 10.00
Inventory ................................. ..... $
Other ....................................... .....$ 5.00
TOTAL ............................ $ 140.00
Attorney: Marielle F Hazen
I.D. No: 68003
Law Office of Marielle F. Hazen
Address: 2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
Telephone: 717-540-4332
E-snail: MFHazen@Hazenelderlaw.com
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991)
LAST WILL AND TESTAMENT
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I, MARCELLA L. O'NEILL, Social Security Number 086-~=1243,.~f
Commonwealth of Pennsylvania, declare that this is my LASf WILL ~D
TESTAMENT and I revoke all other wills and codicils previously made
OF
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MARCELLA L. O'NEILL
by
me.
FIRST: I appoint my daughters, MARLENE O. GAINES and CLAUDIA A.
O'NEILL as my Personal Representatives concerning this will.
a. I request that my Personal Representatives be permitted
to serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representatives act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representatives are unable or do not desire to qualify as
ancillary legal representatives, I appoint as such ancil~ary legal
represeDtative such individual or corporation as my Personal
Representatives shall designate, in writing.
b. I direct my Personal Representatives to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges which I have made. I
grant my Personal Representatives the power to extend or renew any debt
for such time as my Personal Representatives shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with re~pect to all property passing under this my will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representatives may pay such taxes at any time deemed
advisable,. whether or not then due and payable.
d. My Personal Representatives are requested to settle my
estate as soon after my death as may be practicable, and to payor
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters.
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PAGE 1
OF 4 PAGES
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e. I may leave a letter of intent with the executed copy of
this will for the purpose of giving guidance to my Personal
Representatives concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representatives honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my children,
MARLENE O. GAINES, ROBERT J. O'NEILL, and CLAUDIA A. O'NEILL, in shares
of substantially equal value to be divided as they may agree.
a. If any of my children shall not survive me, then I give
the share of that deceased child to my surviving children in shares of
substantially equal value to be divided as they may agree.
b. If none of my children survive me, then I give, devise,
and bequeath, absolutely and forever, all of my estate and property of
which I may be seized or possessed, or to which I may be entitled, at
the time of my death, wherever situated or of whatever nature, be it
real, personal, or mixed, to the descendants of my child or children,
who are to take per stirpes and not per capita, in shares of
substantially equal value to be divided as they may agree. In order to
receive a share of my estate under this paragraph, a descendant of any
child of mine must survive me.
c. If they are unable to agree, the division among my
children or the descendants of any of my children who fail to survive
me shall be made by my Personal Representatives, in those persons' sole
and absolute discretion. I empower my Personal Representatives to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representatives as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
THIRD: If there is a complete failure of takers under the
preceding paragraphs, the property undisposed of shall go to my heirs
determined at the time of my death, pursuant to the Statutes of Descent
and Distribution in effect, in the state of my domicile, at the time of
my death.
117/U{ JJA-A
--t' !Ph PAGE 2
d'l 'U)1~A( OF 4 PAGES
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FOURTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
FIFTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
SIXTH: Definitions:
a. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
b. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this Will shall
not include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this will.
c. The term "descendants" as used in this will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
SEVENTH: In addition to any powers granted by the laws of the
state in which this will is probated, I hereby authorize and empower
the fiduciaries named in this Will, to the extent of the discretion
herein granted, to sell, exchange, convey, transfer, assign, mortgage,
pledge, lease or rent the whole or any part of my real or personal
estate, to invest, reinvest, or retain investments of my estate, to
perform all acts and to execute all documents which my fiduciaries may
deem necessary or proper in regard to my property. If any of my
fiduciaries elect to receive compensation for services, such
compensation will be that allowed by law.
EIGHTH: If any part of this will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representatives may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
1J7t0~A~4 ;A d;u~1
PAGE 3 /lA r:J. all-;
OF 4 PAGES ~ ~ -j%-f-
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania,
this 16th day of August, 1994, set my hand and seal to
this my LAST WILL AND TESTAMENT, consisting of 4 typewritten pages,
each page bearing my handwritten signature.
~AI.A'o~I@WJ (SEAL)
The foregoing instrument was, at Carlisle Barracks, Pennsylvania,
this 16th day of August, 1994, signed, sealed, published and declared
by MARCELLA L. O'NEILL, the testatrix, to be her LAST WILL AND
TESTAMENT in the presence of all of us at one time, and at the same
time we, at her request and in her presence and in the presence of each
other, have hereunto subscribed our names as attesting witnesses, and
we do so verily believe that the said testatrix is of sound and
disposing mind and memory at the date hereof.
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PAGE 4
OF 4 PAGES
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COMMONWEALTH OF PEHHSYLVAHIA
COUNTY OF CUMBERLAND
ACKNOWLEDGMENT
I, MARCELLA L. O'NEILL, testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according
to law, do hereby acknowledge that I signed and executed the instrument
as my Last Will; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
~-IA, ~~
CELLA L. 0' NEILL
(SEAL)
AFFIDAVIT
We, 1?{)5~;(I. ..K;JnjVeZ , lny\..tne.. n;\.Sl5 , and
Jill r Mrl/PI , the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the testatrix signed the will as a witness; and that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of
s und mi~_and under n~~e influen~~
itness ~ness
Subscribed, sworn to and acknowledged before me by MARCELLA L.
O'NEILL, the testatrix, and subscribed and sworn to before me by
A()S/-J,{/. ..&dr'j (/ C Z- ,Thr~nR- D,:\l.LS , and
Jill r Iv/J)/ei , the witnesses, this 16th day of August, 1994
My Commission xp~res J.Jotarial Seal
Kim C. Guyer. Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Nov. 10, 1997
Member, Pennsylvania Association of Notaries
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.~ is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
~ocal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. I /
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WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Fee for this certificate, $6.00
Local Registrar
p
12841573
NOV 272006
Date
lREVIl2I2OO6
"PR"TIN
lMANENT
~CKINK
1. Name of Decedent (Fi13t, niddIe.I8S~ suffix)
Marcella
5. Age (last Bllhday)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS
CERTIFICATE OF DEATH
6. ll8leolBillh Mon~,
7.
ace C andsl8te<<
STATE FILE NUMBER
4. Oato of Deelh (Monti, day, yolllj
83 VI>.
6b. County of Death
086 - 18
1243
November 22, 2006
March 26, 1923 Renova, PA
6d FaciilyN_lllnoiinslilution,give_Mdnumber)
Cumberland
11, Decedents Usual 0caI most of lite. 00 noIlla1e retIr8d.
Kn:l of WoIk Kind of Business' Industry
Antique Dealer Antiques
. 16. Dooodenr.MBiing_~city/lown,sIaIe,zipoodo)
119 West Hillcrest Drive
Carlisle, Pennsylvania 17013
16. F_.N_IFrst,_,IasL.ulfa)
Harr A. Milliron
200. Inlolm.... Nllme (Typo I_I
Claudia O'Neill
21.. MolhodofO~
OBur1al O_fmmSIala
o Olhor. Spac;fy:
22a. S of
119 West Hillcrest Drive
12. W..llocedenI_lnlha 13. OocadtlnraEc1Jcation(Spedfyon~h~grad.complaIed)
U.S. Atmed Fon:es? E8Mntay/Secondsy(DI2) CoIege ('4 or 5+)
OVaa KINo 1
Dooadenr.
Aclu8Raaoanoo 17aSIaIa Pennl'lylvRnia
17b.Coun~ Cumberland
17. aD Vaa,OacedentUvod. North Mi rJrJl pton
17dO ~=~vodwi1hi1
Twp.
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Ig. Molhat'. N""" (Ar>1. middla, maiden sum_)
Maida Miner
n. Infamanl's MBiing Addleaa(smt. city /Iown, ,tale, zip <Ode)
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119 West Hillcrest Drive
21b. Ollleof~Ition(Month,day,,",", 21c. PIooaof~Ition(N...ofcomolary,_a1oryorolharplace)
I r - dC-dOC" Cremation S.ociety of PA
220. 'rr:~'1ren\~~al Home "afid.. Cremation
FD 138466 4100 Jonestown Road, Harrisbur
oa:lJI18dttlhallme,doIaMd pIace_. (Signolunl.ndlllo) 23b. UcenoeNumbor
Carlisle PA 17013
21d. t.ocolicn(Cily/"""'Iala,zIpoodo)
Harrisburg,
Society, Inc.
PA 17109
PA 17109
Cor1'4lIele_23f.c~_~g
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MlolJOOOll'<88de'd1.
230. Osla S9Nld (Month, day, '"'"'
24. TlmaoflJeeOl1
25. Dele PfOllCUI1C8d lleod (Month, day, '"'"'
26. w. Case Referred to MtdicaI Examiner 1 Coroner for. Reason Other than CremllliM or OOl1a1on?
o Vaa 0 No
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CAUSE OF OEA TH 1800 1'-"_" and uamploo)
1am'ZT. PART! Enlarlha__'_,iiuriaa,or~.lhIIdnctlyCl8lll8dlha_,DONOTanlor_a18'/8ll188UCh ....-1m8l.
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o Vaa 0 Probably
&No 0 Unknown
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o Not p_ wi1hO pool yea-
OP'"!l'llulitttimeof_
o Nolpregnant,butpregnanlwlhln42deys
01 death
o Nolpregnant, buI_43 days il I yea-
ol_
D Unknown I pregnanl wifllin the pool yea-
320. Place of ~ry: Horne, FllI1ll, SIloel F~,
OlIlceBulldlng,eII:.(SpecIf,1
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PBl1Il:Enklrolhet~OYldtiDn.aNbJ~~death
but not resulting illhe underlyllg cause ""'" In Pst!.
Due to (or... consequence ~
em 181...-... I lIlY,
t)ClIUIellilldonlnea
En1lIr UNllERLYJlGCAUSE
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Due to (or as. consequence 04'):
Due to (or as. ooneequence 01'):
d.
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~alJrBI 0 Ho_
'D _I 0 Pon<Ing InvaalIgalIon 32<1. r"",of ~
o SUIcIde 0 Coukl NoIbelJetormillld
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321. IfTlllI18porta1lon .jury (Spoclj1
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001hor-SpociIy
33b. SIgnal1n~ofCor1ifiar
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32g. LocaticnoflnjtryIS.....city/_,_J
308. Waa an At*lpoy
Perlormad?
301>. W... Aulopay FIndlnga
A_ PrkwlllCanpiel10n
01 Cause of Deelh?
330. Cor1lflar (chad< on~....)
. Carlllylng phyoI~.n (Physidan ~ cause d _ _ anolhar p~ hall pronouncad death Md cornpIallId !lam 23)
lotha_of myk_odga._occunwdduololhocauao(>).ndmonnoraaotlOljl_____ u_ u _ _ _ _u _ ____ _ _ __ _ _ _ _ ____..D
Pronounclng.nd c.rtIfytng phyolclln (Phyoician boll pro~ daa~ Md ~ Ill..... 01 daath)
To tha botl of my knowlodga, _ occunod allho limo, data, ond pIace,.nd duo 10 Iho cauoo(.) and _nor.. '1oIt<L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..D
~:::=~~o= and I ,or InvHttgatlon,ln my opinion, dHltl OCctlrred at tilt Um.. eta, and place, and due 10 the ClUH(I) and MlMIf -1tattfL _ ..D
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33<. lIeon.. Number (Month, day, '"'"'
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