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Home My WebLink About12-31-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Charles F. Schubert also known as Charles F. Schubert, Sr. File Number ~ \ 0 LlLJs-' , Deceased Social Security Number 143-26-5657 Charles F. Schubert, Jr. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) (ZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated November 18,2005 and codicil(s) dated N/A *Ma E. Schubert renounced her ri t to serve in a Renunciation filed with this etition .-.... :1 TJ ~ (State relevant circumstances, e.g., renunciation, death of executor, etc.) .: c.:J~ ;"--" C"") ',~ ;,::: Sj W Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthein~nt(s) Olrered . '.. "),.-.., for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No Exceptions) c::; ''n :n- .)"- ~ JJ .J --.., ,-...... n S; named in the '" c:-,-, = --..I r-T', ~~ ~; ""--- o B. Grant of Letters of Administration '2 .J 1-1 'rl (.-') " I w ,J::- Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) 'J Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 841 Hillside Drive, Camp Hill. Wormlevsburg Borough. Cumberland County, Pennsvlvania (List street address, town/city, township, county, state, zip code) Decedent, then 72 years of age, died on November 8, 2007 at 841 Hillside Drive, Camp Hill, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (Ifnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 100,000.00 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: T ed or rinted name and residence Charles F. Schubert, Jr. III White Oaks Road Laconia, NH 03246-1934 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. before me the .31 day of Sworn to or affirmed and subscribed Signature of Personal Representative ~ :=;; 0 '- :::n -J --n ~_ '__r~G ; ~-;-:::- - C7 ", ~--:: ::-:l = r.:.;:"...., ........ o r!j c w ,'.-j'; -'. II , ;i " -', --';::-....... ~3~-,~ ;t:a. :::A C5 W , ' I-j--: File Number: c11 Ol 1f7S-- ,~~8 .-- - Estate of Charles F. Schubert . Deceased Social Security Number: 143-26-5657 Date of Death: November 8,2007 AND NOW, ~~ ~ . ~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Charles F. Schubert, Jr. in the above estate and that the instrument(s) dated November 18,2005 described in the Petition be admitted to probate and filed of record as the last Will JID ~O ,I) 1<;" ,0 :; .CO/ FEES Letters ............... $ Short Certificate(s) . . ? . . .. $ Renunciatipn(s) ...../.... $ b..)IIL .. . $ uP ... $ ~1V ... $ ... $ .. . $ . .. $ ... $ .. . $ .. . $ TOTAL . . . . .. .. .. .. .. $ Attorney Signature: Attorney Name: David M. Watts, Jr. Supreme Court LD. No.: 42232 Address: McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 Telephone: 717-237-5344 ~to~ FormRW-02 rev. 10.13.06 Page 2 of2 H105.805 REV 101/01) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13989162 Certification Number ------~._---"._~._-~._,--<._,-~...~.~.._~ -,--_._-~-_.._--_.-_._--~._-'~...._-~-~--,._-'-_._- 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 RecsP?s Office for ~nent filing. NOV 1 4 2007 ~/J;~~ ~/ Local Registrar Date Issued C) ~O .. ,,::-.0 , ----0:--, '..J r--..) => c::> -..J o f"?1 n W :t;n. <::) W ~ REV 1112006 PRINT IN ~ANENT CK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) ../ 0\ \ \ \ ") 143 - 26 5. Age (Las! Birthday) 1. Name 01 Decedem (RrsI, middle. last, suffix) Charles F. Schubert 5657 72 V~. April 3, 1935 Syracuse, NY Sa. Place of Death (Check only one) Hosp~al: Olher: o Inpatient 0 ER { Oulpatienl 0 DOA D Nursing Home ~ Residence DOther - Specify: 9. Was Decedent 01 HispaniC Origin? ~ No 0 Yes 10. Race: American Indian, Black, White. ele ~:.~~~~~~;~:;. e',) (Spec;fYI whi t e 6. Dale of Birth (Month, day, year) &1. Facility Name (11 not insmution, give street and number) Cumberland Wormleysburg 841 Hillside Drive 13. Decedent's Education (Specify only highesl grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 12 11. Dea!denl's Usual Occ tion Kind 01 wor!< done du . KiodofWor1< Partner most of WOfkin I~e. Do not state retir Kind of Business Ilndusll)' Realty 12. Was Decedent ever in the U.S. Armed Forces? o Ves IX! No Decedenl's Actual Residence 17 a. Slate Pennsylvania Cumberland _ 16. Decedent's Mai~ng Address (S~reet, city flown, slate, zip code) 841 Hillside Drive Camp Hill, PA 17011 17b. County 19. Mother's Name (First, mkklle, maiden surname) Marie Elizabeth Koenig 18. Father.s Name (First, middle, last, suffix) Frank George Schubert 20a. Informant's Name (Type I Plint) Mary E. Schubert , ~ Cremation 0 Donation 21b. Date oj Disposition (Month, day, year) ! Was Cremation or Donation Authorized N b 9 2007 i by Medical Examiner I Coroner? [{] Yes DNo ovem er , (or person acting as such) 22b. License Number 22c. Name and Address 01 Facility 14. Marital Status: Married, Never Married, Widowed, Divorced (Specif}IJ Married Twp Shearer Did Decedent Uveina Township? 17c. 0 Yes, Decedent Lived in 17d. [ij No, Decedent lived within Aclual limits 01 Wormleysburg City/Born 20b. Informant's Mailing Address (Street, city ftown, state, zip code) 841 Hillside Drive, Camp Hill, PA 17011 21d. location (City I town. slale. zip code) Evans Crematory 21c. Place 01 Disposition (Name of cemet&IY, crematol)' or other place) Schaefferstown, PA 17088 ~ Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070 23a. To the best of my knowledge, death occurred at the lime, date and place stated. (Spture and title) 24. TIme of Death 25. Date Pronounced Dead (Month, day, year) JI,6-0! 1);00 I<M. I; Pf(J)f CAUSE OF DEATH (See Instructions and examples) ltem 27. Part I: Enter the ~ - diseases, injuries, or complications - thai directly caused the death. 00 NOT enter terminal events such as cardiac arrest, respiratory arrest. Of V9ntricular fibrillation without showing the etiology. list only one cause on each line. o Approximate inlerval: Onset to Death ~:~~r~a:~~~;~ dise~ a. ~~~~='~~~a. Ent:t: UNDERLYING CAUSE (disease or injury thaI initiated thl! events resulting In death) LAST, b. J d. 3Oa. Was an Autopsy Perlormed? 3Ob. Were AutopSy Findings A'ladable Prior to Completion of Cause of Death? 31.~rOfDeath J2j Natural 0 Homicide o AcOde", 0 Pen~ng In,..Ogation o Suicide 0 Could Not be Determined M DYes ~NO OVes ONo 32d. Trmeottnjul)' 33a. Certifier (cheCk only one) Certifying physician (Physician certifying cause 01 death when allOlher physician has pronounced death and completed Ilem 23) lothe belt of my kMwledge, death occurred due totht cause(s) and manner as stated-............... _......... _...... _.................. _..... _................. -...... 0 ~:~~u=~~~,a~ :~J:a:~~~;:~~ :~i:::~n2::i:~~~rt~':ei~~:~:'e<~a~~ manner as stated..... ...... ......... ...... ...... ...... ..... ... ... _ 0 :::~=;~"::~~n~::~ and f Of investigation, In my opfnion. death occurred at the time, date, and ptace, and due to the cause(s) and manner as stated.. 0 23b. license Number 23c. Date Signed (Month, day, year) 26. Was Case Referred to Medical Examiner I Coroner for a Reason Other than Cremation or Donation? OVes [XJNo Part II: Enter other sionificant conditions contributina 10 death, 28. Did Tobacco Use Contribute to Death? but not resu~ing in the ur.dertying cause given in Part I 0 Y~ 0 Probably No 0 Unknown 29.lfFemale: o Nol pregnanl within past year o Pregnant allime 01 death o Not pregnant, but pregnant wilhin 42 days 01 death o Not pregnanl, but pregnant 43 days to 1 year balOle death o Unknown it pregnant within the past year 32c. Place of Injury: Home. Farm, Slreet, FactoI)', Office Building, etc. (Specify) 32g.localion of Injury (Street, city Ilown. state) 33d. Date Signed (Month. day, year) 11-Q<i-2cOl 34_ Name and Address of Person Who Completed Cause ot Death (Item 27W.YP~J Print SAN DRA e..., (.DSJ'A IX) '3 WAU'Ji.iT ~-r. SlJlTt J!05 LE/VtoyNe, P.i1 I ~I /I~I/ i" Disposition Permit No. nCfl Dr; '1..'5 /7of3 LAST WILL AND TESTAMENT OF CHARLESF.SCHUBERT I, CHARLES F. SCHUBERT, of Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. -.-.j ARTICLE ONE TANGIBLE PERSONAL PROPERTY I bequeath all my tangible personal property, including by way of iII.u~tration trot "~,...1 . . c--;, (..) S 1.1 , - , C,) not by way of limitation, my household furniture and furnishings, paintings, books, automobffes, jewelry and personal effects, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is located or received by my executor within sixty (60) days of being appointed as such, My Executor shall be held harmless for distributing such property as hereafter provided. Any property not disposed of by such memorandum or all of such property if no such memorandum is so located or received, shall, be distributed to my wife, Mary E. Schubert, if she survives me. If she does not survive me, such assets shall be distributed to my children living at my death to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among my children, they shall take alternate turns selecting individual items with my oldest child making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. S 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. ~ 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. ARTICLE TWO RESIDUE ~ 2.1 I devise and bequeath all the residue of my estate to the then serving trustee of "The Charles F. Schubert Revocable Trust" created under Agreement dated as of even date herewith, by myself, as Settlor, and myself, as Trustee, as the same may have been or may be further amended or restated prior to my death ("My Revocable Trust"), to be distributed in accordance with the terms of said trust agreement, or if said trust agreement is not in effect at the time of my death, in accordance with the terms specified therein on the date of this Will or of its last publication by Codicil or otherwise. ARTICLE THREE APPOINTMENT OF FIDUCIARIES ~ 3.1 I appoint my wife, Mary E. Schubert, as Executor of this Will. If she is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint Charles F. Schubert, Jr., as successor Executor. If Charles F. Schubert, Jr., is unable or unwilling to act as Executor, then Daniel L. Schubert shall act as Executor. If Daniel L. Schubert is unable or unwilling to act as Executor, then Patricia S. Underwood shall act as Executor. All references herein to the "Executor" shall mean my originally appointed Executor or the successor Executor, as the case may be. ~ 3.2 I appoint the then serving trustee of My Revocable Trust as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which -2- I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FOUR POWERS OF FIDUCIARIES ~ 4.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. ~ 4.2 Any such fiduciary shall have the following powers, in addition to those given by law: ~ 4.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; ~ 4.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; ~ 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; ~ 4.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; ~ 4.2.5 To engage in litigation and compromise, arbitrate or abandon claims; ~ 4.2.6 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen; ~ 4.2.7 To join with my wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by my wife during my lifetime treated as having been made half by me; -3- ~ 4.2.8 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; ~ 4.2.9 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; ~ 4.2.10 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631 (a) of the Internal Revenue Code, to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; and ~ 4.2.11 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE FIVE PROVISION FOR TAXES ~ 5.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will and allocated among beneficiaries in accordance with the provisions of My Revocable Trust. All interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest, except as provided in My Revocable Trust. Notwithstanding any provision of this Article to the contrary, the Executor shall not pay any such taxes, penalties or iinterest attributable to any property included in my estate solely because of a power of -4- appointment thereover which I possess but have not exercised or any qualified terminable interest property. ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES ~ 6.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate, shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE SEVEN BUSINESS INTERESTS ~ 7.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor, subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the Executor shall deem it advisable to sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the Executor to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest which I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the Executor is encouraged to pursue such election if the Executor deems such election also to be in the best interests of my estate and the -5- beneficiaries thereof. The Executor shall have all rights and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the Executor. ARTICLE EIGHT MISCELLANEOUS PROVISIONS S 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. S 8.2 If my wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if my wife had survived me. If any person other than my wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. S 8.3 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. -6- Signed, sealed, published and declared by the above named CHARLES F. SCHUBERT, as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last ove written. I'" \ __fJ OA-fA- cR~ i,JU residing at residing at -8- c~ W.V~ ~\. \. \, ~ A 1Jt>J~tA-, PIJ COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF _J)fuJPH'IN We, CHARLES F. SCHUBERT, the testator, and bAll I ~ m. WPr\T'5 :sR. and J5L.P-t.>C..A "I. .f(Rt5TILH ,the witnesses, whose names are signed to the attached or 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; that the testator signed willingly and executed it as his 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 his or her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. WITNESS: ~~Wc~ '-...!..- WITNESS: (Y~~,()i) Subscribed, sworn to and acknowledged before me by CHARLES F. SCHUBERT, the testator, and subscribed and sworn to before me by ~\J l \). f1\. \J.sP.r"'"'\"\S I ~. and BU=\('JL\\T.~R\~T1C-\-\ ,witnesses, this l~~ dayof Noo8'Y\.B~ , 2005. ~~.~ Notary Pub IC NOTARIAl SEAL CAROl A KOPPENHAVER Notary PublIc CIlY OF HARRISBURG. DAUPHIN COUN1V My Commllslon ExpIre$ Mar 1 a. 2001 (SEAL) -9- d.. , () \ \ \ 1<-;' RENUNCIATION C) \;; 1'-.) C:;:::! ~ --' REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA C' rrl C-) Estate of Charles F. Schubert, also known as Charles F. Schubert, Sr. , Deceased I, Mary E. Schubert (Print Name) , in my capacity/relationship as of the above Decedent, hereby renounce the right to surviving spouse administer the Estate of the Decedent and respectfully request that Letters be issued to Charles F. Schubert, Jr. !d- 1:31/07 (Date) ~tyl ~ , ~J:- (Signature) ! / 841 Hillside Drive (Street Address) Camp Hill, PA 17011 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Executed out of Register's Office Before the undersigned personally appeared the partY-. executing this renunciation and certified that he or she executed the renunciation for the p..'urp. ~ted within on this ::J /5f day ;;jJ7iitl~<51D~ / Notary Public . J My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Deputy for Register of Wills Form RW-06 rev. 10.13.06 bf..~""-~~"'''''~I'!' ~~ P~"1,ns U' C My' ---'-''''-~'''~'-'~''--''''''::'':''c;;:::t:-_".'-''--_'-'.--'___., .:......::<::0===" Public ""uphin ,19,2009 " w :r-" -::u 6 w ~ 0:> o .r: g =.cN .g g- 0) a.al~ ?' Cl (; (1'- .0 -J -;:: ~ B c <: ..., ~~' Cl