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HomeMy WebLinkAbout04-27-07 Estate of EVELYN P. SHELLENBERGER also known as PETITION FOR PROBATE and GRANT OF LETTERS d-. \ tl '\ D'-\(')l D No. To: Register of Wills for the , Deceased. County of CUMBERLAND in the Social Security No. 201184090 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 or named in the last will of the above decedent, dated MAY 20. 1993 and codicil(s) dated NONE (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with h er last family or principal residence at 940 WALNUT BOTTOM ROAD. SOUTH MIDDLETON TOWNSHIP. CARLISLE. PA 17015 (list street, number and municipality) Decedent, then 93 years of age, died 3/3/2007 at MANOR CARE HEALTH SERVICES. 940 WALNUT BOTTOM ROAD. CARLISLE. PA 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: NONE $ $ $ $ 0.00 63.500.00 0.00 0.00 ~ '" ';1 u l':: Q) ::2 "'~ Q) '" ~'c:' Q) .", l':: l':: 0 CU'';::: ~.- ~~ .......... ~ 0 l':: bI) Vi WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters thereon. ~E~~/ ENNIS R. SHELLENB GER (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) P.O. BOX 394 LEWISBERRY PA 17339 '" -..l -;.,.,. ": (-) " ~ --'-' .1"""' 1'-.) , -.... ,."-,: r--,. :J;:n OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } ss COUNTY OF CUMBERLAND -:1 ,j,) -~- 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 represen- tative(s) of the above decedent petitioner(s) will well and truly: dminister e es te according to law. o Sworn to or affirmed and subscribed before me d-.l ~ lday of { DENNIS R. SHELLENBERGER ~ I)Q' ::l l:l i: ~ ~ No. (~\ o 1 ()~tltl Estate of EVELYN P. SHELLENBERGER , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW -D 0"\ \ J I d.Q61 , m conside..tion of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 5/20/1993 described therein be admitted to probate and filed of record as the last will of EVELYN P. SHELLENBERGER and Letters TESTAMENTARY are hereby granted to DENNIS R. SHELLENBERGER FEES Probate, Letters, Etc.. . . . . . . . $ Short Certificates (d.. ~ . . . . . . $ - Rcftt1n,",~"t~Ul1. .0.\ \ \. . . . . . . $ ~Lr>f; ~b $ TOTAL _ $ \3"S DC:! scb / SoD I S:-"o rl~t;>O 54 EAST MAIN STREET MECHANICSBURG ADDRESS PA 17055 Filed. . . . . . . . 717.697-4650 PHONE ;-..,~'" ('~ -",.; . ~rl I -=.-::'~. ~J= f'~~ -.J co .{.:'" Hl05.805 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 permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~t:\.~~~~ Local Registrar Fee for this certificate, $6.00 p 13311274 MAR 6 2007 Date D '.-"cC) ~~! ,~,! ::'::) :~~ -..J >. -','J .:::::J f'~') -.J , ~\ b '\ ~ '-\ D\L) ;::--:"'J VIS. EVELYN P. SHELLENBERGER 6. lloI801_(_. dlIy. Feb. 12, 1911 7.~(C' and stale or Lykens, Pa OOl1er. SpecIIy. 10. A8l:e: American 1ntIan, BlIck. WhIte, lite. (-. Wh~te H1~143 REV 11flOO6 TYPO I PRINT 'N POAMANENT 1llAC1<f<' COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reversa) ,. Namool_<FilSI,_......_1 5.N;Jo(LosIBl_1 96 \ Sb. Col.I'1ty of 0eIIh Cumberland 1d.'_Namo(1lnol_.gIvo_ond"""*l Manor Care Health Services 11. Decedent'1 lJtuBI moetd Ite.Donolsla" ....01_ ....oI_,ln<ilIlry Clerk US Government . '6. Oec:8dlw1t'sIlalng........<-.dlylkMI...Io.zIp-1 940 Walnut Bottom Road 12. Was 08cedent ever in !he U.S. Armed Forces? o Yes GiNo _s AcluaIRestdence 17a.Slalt 17b. County Pennsvlvania Cumberland ::.~ 17C.Jg.Yes._....... South Middleton r""""""1 17d.ONe._......_ _Umllsol rwp. ClIyI- Clark H. Swank 19. Mother's Name (Ar8t, rriddIe. maiden surname) Bessie C. Abbott 2Ob.lnlonnantsMaIIng........ (5lNe\ cllylkMI. Sla". zip_I POBox 394 Lewisberry, Pa 2'c.Ploceol_(Namool_._orolherplocel Stone Church Cemetery 17339 21d.........(ClIylkMI._.zIp_1 Mechanicsburg, Pa 17050 Inc, 29 S. Enola Dr, 23b. LIcense Number 01'00 )2I'No 3(1).___ __k1Cornplotion olCauMofOlNllh? 01'00 ONe 31. MInner ot DedI .0"'- D- 0- 0 -''-'''' O~ OCooldNolbe""",""",,, ~ ?S55 1(. L 26. Was Case Rtferred to MedcaI ExamIner J Coroner lor 8 Reason 0Iher than Cremation fX Donation? DYes ONe Approxinate iltervII: Part II: EIHr oII'ler slmiIit:ant lXll'dIIons etlrItItUIoo ID dllBIh. 28. Old Tobacco Use Contrbie 10 0eIIh? OnseIklOealh bl(noIlSSUlling....._CllUIeglvon.""'1. 0 Yes 0"- ONe 0- 29. " FemeIe: o NoI__postyeu o ",-allmool_ o NoI_Ilul__<2...ys ol_ D NoIplSp1ll.llul_"''''yskl'yeu ..... - o Unknown H__'" """yeu 32E.==~~j5lNe\'~. CAUSE OF DEA1ll (See _..nd .....pIes) 118m'El. Part I: Enlerthe~-(IseUeS, .......or~-IhaI:drecll'fcausedt\ecle8th. OONOTentertermilalMl'is sudlascardacarrest, _.......or----...ellology.lJs1only...cause"'-..... ~~~~.. ~ri S4:.."9- ~~ 0... Due to (or IS a consequence 00: \'d _1sI..-..Hsny. I8BlinatolheClUHllltlIdonllnta. _... UNIlERLVIOl CAUSE =-~':...~ b. Due to (or as scon&eepJllr'lC8 of): Out 10 tor u a consequence 01): d. 3Oa."","_ - 32d. TIme 01 Injury 32g. LocatIon of I~ry (StrMt. city I town, sla!e) M. 33a.~(_only"'l . =r.::'"..::.:'''::=:''~...~''':"'':=":~-~..'':'~ ~":':'~-- - ------------ -- 0 . =:::,~=."'::".=::::~""'''"::..~=Iokl=::-..'''''''------------------ 0 =.::::-..:""".._ilmy...-.__al..._......""'_""'....Io...COUse(S)""'''''''''''..sIalId.. 0 I i!l ~ ~ 1:111 10l. I \ I 0 I "","""""P'rmlINe CJta4-0~ LAST WILL AND TESTAMENT I, EVELYN P. SHELLENBERGER, a resident of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my LAST WILL and TESTAMENT, hereby revoking any and all wills and Codicils previously made by me. I I declare that I am not married, my beloved husband, ROBERT, having predeceased me, and that I have three (3) children, SHIRLEY D. SHELLENBERGER, PHYLLIS A. SHELLENBERGER and DENNIS R. SHELLENBERGER. II I direct that all my just debts and funeral expeW?les shal?,l be r'._ ) ~~-.J paid from my residuary estate as soon as practicable' after my decease. III , ") I direct that all taxes that may be assessed in conseque~~e of ". ~ my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IV I direct that I be buried in a cemetery lot, which I own, situate at st. Paul's Lutheran Church, which is known as Old Stone Church, and which is located on the wertzville Road in Enola, Pennsylvania. V I give, devise and bequeath my estate in accordance with the following provisions: A. If both of my daughters, SHIRLEY and PHYLLIS, survive me, then I make the following distribution: 1. I give and bequeath all of my furniture and personal items to my daughter SHIRLEY. 2. All the rest, residue and remainder of my estate, particularly my savings accounts and certificates of deposit, I give, devise and bequeath to the hereinafter included Trust for the benefit of my daughter PHYLLIS. B. If my daughter, SHIRLEY, survives me, but my daughter PHYLLIS, does not, then I give, devise and bequeath all of my estate, whether real or personal, wherever si tuate, including property over which I may have a power of appointment, to my daughter SHIRLEY, and to my son, DENNIS, in equal shares, per stirpes. c. If my daughter, PHYLLIS, survives but my daughter, SHIRLEY, does not, then I make the following distribution: 1. I give and bequeath all of my furniture and personal items to my daughter, PHYLLIS. 2. All the rest, residue and remainder of my estate, I give, devise and bequeath to the hereinafter included Trust for the benefit of my daughter PHYLLIS. D. If neither my daughter, SHIRLEY, nor my daughter, PHYLLIS, survives me, then I give, devise and bequeath all of my estate, whether real or personal, wherever situate, including property over which I may have a power of appointment, to my son, DENNIS. If DENNIS should predecease or fail to survive me, then his share shall be given to my grandson, ROBERT C. SHELLENBERGER. VI If my daughter, PHYLLIS, survives me, then I direct that this Trust shall be effective. If my daughter, SHIRLEY, also survives me, then I give, devise and bequeath all of the residue of my estate, not otherwise specifically devised or bequeathed, to my daughter, SHIRLEY, as Trustee, in Trust. In the event that my daughter, SHIRLEY, does not also survive me, is unable to act as ~ h Trustee, or is unwilling to act as Trustee, then I appoint my son, DENNIS, as Trustee. The Trust Estate is to be held, administrated, and distributed in accordance with the following provisions: A. The Trust Estate shall be administrated during the life of PHYLLIS. During that time the Trustee shall apply the net income and principal of the Trust Estate as follows: 2 1. The net income of the Trust shall be paid to, or applied for the benefit of PHYLLIS, at such time and in such amounts as the Trustee shall, in her discretion deem necessary for the support, welfare, maintenance, and education of PHYLLIS. In the event the income shall be insufficient to provide PHYLLIS with adequate maintenance, support, welfare or education, the Trustee may invade the principal of the Trust for this purpose. 2. The Trustee in exercising her discretionary authority with respect of the paYment of income or principal of the Trust Estate to my beneficiary, shall take into consideration any income or other sources available to PHYLLIS from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making paYments out of income or principal to my beneficiary shall be conclusive on all persons howsoever interested in the Trust. 3. The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. B. On the death of PHYLLIS, the Trustee shall pay the expenses of the last illness, funeral, and burial of the beneficiary out of the principal of the Trust Estate, unless the Trustee, in her discretion determines that other provisions have been made for the paYment of such expenses. c. My daughter, as beneficiary of this Trust, shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution or other process of law. D. On the death of the beneficiary, the Trust shall terminate and the Trustee shall distribute the balance of the Trust Estate including accrued interest to my daughter, SHIRLEY, and my son, DENNIS, in equal shares, per stirpes. E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other 3 powers granted by this Will, or by law, shall have the following powers over the Trust estate, subject to any limitation specified elsewhere in this will: 1) To retain any property received by the Trust estate for as long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time, any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5%) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in judgment necessary or desirable for proper management, investment distribution of the Trust estate. his the and VII I nominate, constitute and appoint my daughter, SHIRLEY, as Executrix of this LAST WILL, to serve without bond. If my daughter is unable or unwilling to act in that capacity, then I nominate, constitute and appoint my son, DENNIS, as Executor of this LAST WILL, to serve without bond. 4 IN WITNESS WHEREOF, I, EVELYN P. SHELLENBERGER, have set my hand to this LAST WILL this .;to 711 day of May, 1993. P-~d~~R.- EVELYN . SHELLENBERGER signed, sealed, published and declared by the above-named EVELYN P. SHELLENBERGER, as and for her Last will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~(f/"'" "41( .... / v' l r. i L 5 ACKHOWLEDGEHENT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND I, EVELYN P. SHELLENBERGER, 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 as my free and voluntary act for the purposes therein expressed. 2~V'~ V EvELYN I . SHELLENBERGER ~ Sworn or affirmed to and acknowledged before me by EVELYN P. SHELLENBERGER, Testatrix, this ~(; y.j, day of ) I)Ct...i.-,o , 1993. )-- .,,:,;~":~ ,'!to::1- .'t <:./.~ I ./ s.~~' - _0;:~ " ~ - -' ,'/ . - .' ~ ..." ;' ~ ~ ....~,. :-- ,..- '---\ ~ '!"-: 6:~": ..., E:..... .~ /'" ... ? .a :; ',' Z', :--;" -:;.J:" ~~~ .....:..~~,~~. a'~~ ",,--:__.u____::" " '. (' ~ IJ) t~/lJ... )}1. Notary Public .7 '71 d.; rt.<-.J:4i.....- Notarial Seal DIane M. Smith, Notary Public Mechanlcsbul'Q BolO, Cumbelland County '\i1'1 CommiSS!OO Expires June 22, 1996 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND We, /J?tl/'r..R./ 1<. lAkUf---trs( m- and I/Jllt!y Lou f/ u7IIKfJ 5K;/ , 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 Testatrix sign and execute the instrument as her LAST WILL: that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed: that each of us in the hearing and sight of the Testatrix signed the will as witnesses: and that to th, e best,~ " f ~ knowledge, the Testatrix was at the time 18 years of., age yr ~9f"e, of sound mind and under no constraint ~~' ( Sworn this /1(0 'r'rJ j~{, If" t},)rv),t or affirmed to and acknowledged before me v6 k day of !77r::v-.r ' 1993. )j)~ )Jlo ~~ Notary Public ~.....c~ ' ,- -Iii" "V . -'. ,,"-....\G. .>..'-'t ~Z. ' /~ ~~ ,,:r~~ ~ .' , ~ --~ "- ", ~ '0';: _ :lrSr - ...;,......,. <ti!'- "to;. ~-~ ~ .~~.~i ~ ".,...,: = . .. .-.- ~:? ". ~ ~- .t-"~: l..' \~~: ' ~~.,--~.,..:. .;;..~ \~~~ "', ~..~"V~ ',,-,~ -~\;; ,.' ~~~~~-~._~~_:.~-'.-.. Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumber1and County My Commission Expires June 22, 1996 -"~V