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HomeMy WebLinkAbout11-07-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland Estate of Mary Shaffer also known as -- Deceased COUNTY, PENNSYLVANIA File Number s~~- ~1S " ~ t~ Social Securi Number ~ ty ~ ~'~ ~ - ~ ~/~ Eu enia L. Barle Petitioner(s), who is/are 7 8 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitio~r(s) is /ate the Executrix named in the last Will of the Decedent dated and codicil(s) dated (State relevant cirertmstances, e.g., remmciation, death of executor, eta) Except as follows, Decedent did not marry, was not divorced, and did ibt have a child born or adopted after execution of the instrument(s) offered for ptnbate, was not the victim of a killing and ivas ttel~er adjudicated an incapacitated person: B. Grant of Letters of Administration (.rfapplicablc, enter:• c.t.a.; d.b.n.c.ta.; pcndentc litc; durante absentia: du inoritate) ~ ~ ~'. Petitiot~r(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following if atry) us: 3" s Administration, c.t.a. or d'.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ..C `` 7 Name r..u. (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was dotniclle,~d at death in Cumberland (:ounty, Pennsylvania with his /her last principal residence at 905 Lisbum Road Camp Hill (Lower Allen Towashin Cumberland CountYl, Petmsvlvania 1701 l C>c- (List street address, town/city, township, county, state, zip code) Decedent, then ~`3 years of age, died on sober 23, 2008 at 9a5 Lisburn Road, Camp Hill (Lower Atien Township, Cumberland County). Pennsvlvania Decedent at death owned propetiy with estimated values as follows: (If domiciled in PA) All personal propetiy (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Petutsybania $ 250,000.00 $ $ $ 165,000.00 situated as follows: Cumberland County, Pennsylvania l] Form RW-01 rev. 10.13.06 Page l of 2 Wherefore, Petitioner(s) respextfitlly request(s) the probate of the lad W ill and Codicil(s) presented with this petition and the grant of Letters in the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS The Pehti~n@r(s) abt~ve named.. cwear(s) ~r affirm(s) that the stAtements to the. f~regc~in~ Petition are tnae and.. cgrrec_.t tp the best pf the irnowledge 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 and subscribed before me the ~~~ day of a~$ For the Register !V 1 v Fiie Dumber: _ . ~ C ~ ~ ~"'~ .. ~ rrt / Estate of Mary Shaffer ,Deceased ~ t' ' ~~ V Social Security Number: ~ / -/~ - ~ ~'/~ Date of Death: AND NOW, / V~U y . "~ ,,2aC.~C . in considerarion of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to _ Eugenia L. Barley in the above estate and that the instrument(s) dated ~ ~ - ~ - ~U described in the Petition be admitted to probate gad filed of record as the last Will land Codicil(s)) of Decedent. FEES Letters ............. ' $ ~' ~ •~ Register Wills Short Certificate(s) ....... . $ x-40 • (~ Attorney Signature: Renunciations ......... . $ ~` . . $ls--. ~~ Attorney Name: Riehaard A. Cairo ~C~ • ~ • $ ~ Supreme Court LD. No.: 27733 - .. . $ Address: 1204 Che[sen Cross . . $ Mechanicsburg, PA 17050 .. . $ .. . $ - ~ ~ ~ $ Telephone: 717-731-9997; Cell - 717-802-1827 . . $ TOTAL .............. . $ ~ F([9 ~ ~ t~ Signature ofPe~sonal Representative Signature of Personal Representative Form RW-02 rev. 10.13.06 Page 2 of 2 LAST WILL AND TESTAMENT OF OF MARY SHAFFER I, Mary Shaffer, single woman, of Lower Allen Township, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all prior wills, codicils, writings thereto, by me at any time heretofore made. ITEM I All the rest, residue and remainder of my estate, both real and personal, and wheresoever situated, I give, devise and bequeath to my children Vernon J. Shaffer II, Eugenia L. (Shaffer) Barley and Scott Alan Shaffer to be equally divided among them; provided that the share of Scott Alan Shaffer shall be place in trust for him in accordance with the terms stated below. If my children should not survive me, then their respective shares shall pass to their issue, per stirpes, ~ except in the case of Scott Alan Shaffer, whose share shall pass in accordance with t s of the trust. ~ .o v3 ~ ITEM II I hereby appoint Eugenia L. (Shaffer) Barley as trustee of a trust established hype for my son Scott Alan Shaffer. If, for any reason, Eugenia L. (Shaffer) Barley cannot serve as t~ trustee of this trust, then I appoint Vernon J. Shaffer II as trustee of the said trust. If neither of these persons can serve as trustee, the Court of Common Pleas of Cumberland County shall appoint a successor trustee. The trustee shall administer the trust for the health, education and maintenance of Scott Alan Shaffer in accordance with the following terms: Payment of Principal and Interest `~ The trust estate shall be administered for the benefit of Scott Alan Shaffer. During the term of the trust, the trustee shall apply the net income and principal as follows: a. The trustee shall, in monthly or in other convenient installments but in no event less often than annually, pay to or apply all of the net income from the trust estate to Scott Alan Shaffer. . b. Th.e trustee shall at any time pay to or apply so much of the principal of the trust estate as the trustee in his/her discretion deems appropriate for the benefit of Scott Alan Shaffer. The trustee shall consider, to the extent known to him/her, any other income or resources or earning power available to the beneficiary. _::~, ~~ s'~: -r ~~ ~_~ S ~~ : C"+, ~~~ Termination and Distribution of Trust 1. Upon the death of my son Scott Alan Shaffer, this trust shall terminate and any remaining assets shall be distributed to my grandchildren Timothy E. Barley, Jr., Jesse A. Shaffer and Christina M. Barley, to be divided equally among them, or their issue per stirpes. Definitions 2. References in this will to "child" or "children" mean lawful blood descendants in the first degree of the parents designated and references to "issue" mean lawful blood descendants in the first, second, or other degree of the ancestor designated, provided always, however, that an adopted child and such adopted child's lawful blood descendants shall be considered in this will as lawful blood descendants of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or of either of the adopting parents and shall not be considered descendants of the adopted child's natural parents, except that, where a child is adopted by a spouse of one of this or her natural parents, such child shall be considered a descendant of such natural parent as well as a descendant of the adopting parent. Alienation and Attachment of Beneficiary's Interest No beneficiary or remainderman of this trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the trust in any manner, nor shall any interest or any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution, or other process of law. General Administrative Powers of Trustee 4. In order to carry out the purposes of any trust established by this will, the trustee, in addition to all other powers granted by this will, or by law, shall have the following powers over the trust estate, subject to any limitations specified elsewhere in this will: a. To retain any property received by the trust estate for as long as trustee considers advisable. b. Without being confined to what is known as "legal investment" to invest and reinvest in every kind of property and investment which men of prudence, discretion, and intelligence acquire for their own accounts. c. To manage, control, repair, and impose all trust property; to construct, alter or repair buildings or structures on real property; to settle boundary lines, easements, and other rights with respect to real property; to partition and join with co-owners and others in dealing with real property in any manner. d. To sell any trust property including real estate, at public or private sale at such time and price and on such terms and conditions (including credit) as the trustee may determine and to exchange any trust property. Page 2 of 5 pages e. To adjust or compromise any claims for or against the trust, and to agree to any rescission or modification of any contract or agreement. f. To lease any property for terms within the period prescribed by law for any purposes which the trustee in hi discretion may deem advisable, with or without an option to purchase, and to made such improvements or effect such repairs or replacements to any real estate subject to this trust, and to insure such real estate against fire or any other risks, and to charge the expense therefor to principal or income or part thereof to each as the trustee may deem proper, and to develop such property by subdivision, etc. g. On any division or distribution of the trust estate, in the discretion of the trustee, to divide and distribute property interests, partly in money or in kind, including undivided interests; to exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the trust assets; and to evaluate trust property for the purposes of determining the amount of the trust principal to be distributed to each beneficiary named herein; which valuation in the absence of a showing of bad faith should be conclusive and binding. Determination of Principal and Interest 5. Principal and interest shall be determined by the trustee in accordance with the applicable statutes of the Commonwealth of Pennsylvania. ITEM III All taxes, interest, and penalties thereon payable by reason of my death with respect to property comprising my gross taxable estate, whether or not passing under this will, shall be paid from the principal of my residuary estate. I further direct that all my just debts and funeral expenses be paid as soon after my demise as maybe convenient. ti ITEM IV I nominate, constitute and appoint my daughter Eugenia L. (Shaffer) Barley, as the executrix of this my last will and testament. If, for any reason, she cannot perform these duties, then I appoint my son Vernon J. Shaffer II as the alternate executor of this my last will. Said executor shall have full powers at his discretion to do any and all things necessary for the complete administration of my estate, including the power to sell at public or private sale, and without Order of Court, any property belonging to my estate, to compound, compromise or otherwise settle or adjust any and all claims, charges, debts and demands whatever against or in favor of my estate, as fully as I could do if living. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. Page 3 of 5 pages IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament consisting of this page and three others/that I have signed in the margin, plus aself- probate form, this ~ day of /~/a Vt h ~2 ~', 2000 G~u~'.c~~c~~~ Mary Shaf er We, the undersigned, hereby certify that the foregoing will was signed, sealed, published and declared by the above named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the day and year above written, have signed below as witnesses; and we certify that at the time of execution thereof, said estatrix was of sound and disposing mind and memory. ~~ ~ ~ i Residing at ~~~._~¢u~wc/ ~~ Residing at ~~ ~~~~u.r~J 7~~/ Page 4 of 5 pages COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS We, MARY SHAFFER, ~ Ck L ~ ~' -^~Z ,and v'v h h ~ 5' ~'' Z ,the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she signed willingly, and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge, the Testatrix was at the time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. Sworn to and subscribed before me this `~ day of v !~ , 2000. ~~~~ Notarial Seal Richard A. Cairo, Notary Public Harrisburg, Dauphin County My Commission Expires Dec. 28, 2000 Member, Pennsylvania Association of Notaries Page 5 of 5 pages