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HomeMy WebLinkAbout08-17-09•' • STATE OF NORTH CAROLINA In The General Court Of Justice ~~-~ County EXEMPLIFICATION os U.S. Code Title 28-1738 As Clerk of the Superior Court of this County, State of North Carolina, I certify that the attached copies of the documents described below are true and accurate copies of the originals now on file in this office. rvumoer s~no uescnpr~on yr s~rracnea uocumenis o? 1 ~.caJ Ldi~tu~J ~ .~~ 0 9- -Sol. ~ U Dete a ame Ty ~ ~tLY GASP „~~-$~ Deputy CSC ~ Assistant CSC Clerk Of Superior Court As a Judge of the General Court of Justice, State of North Carolina, I certify that the signature appearing above is that of the Clerk, Assistant Clerk, or Deputy Clerk of Superior Court for this County, who is duly sworn. I further certify that the seal affixed to the certificate appearing above is the seal of this Court and that it has been used here in good form by the proper officer. ware ra Signature O - '" "a ''7 ~~ Name Of Judge (Type Or Printl i , _ ~_ ` V'~ ~ ~ ', u~,~ ~. r :aj K J ~ c" `. l J ~1 .+1. As Clerk of the Superior Court of this County, State of North Carolina, I certify that the.`~i'gnature app earing,at~ove is that of a duly sworn Judge of the General Court of Justice, State of North Carolina. ~ l Date Signature -~ Name Of Clark (T e r Printl KIM~ERLY GASPERSON-JUSTICE [~ Assistant CSC ~ C/erk Of Superior Court AOC-G-102, Rev. 4/97 m 1997 Administrative Office of the Courts STATE OF NORTH CAROLINA HENDERSON COUllty _ __... . File No. 09 E 000501 In The General Court Of Justice Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF: Name Of pecedent/MinorAncompetent . ~~ ~~t~Ot 3 ESTATES ACTION LEOTA L. SCHINDLER Date Of Birth,JfMinor Date Of Death , .., i ,~-~ j, ;,;~; ~~t~~~,s~ ~ ~ COVER SHEET x. S /5/09 ~s Social Security No. (Last Four Digits) 6348 Rule 5(b), Rules of Practice For Superior and District Courts Name Of Fiduciary r Name Oi Fiduciary 2 DANIEL L. SCHINDLER Tax ID/SSN {If SSN, Last Four Digits) Tax ID/SSN (!f SSN, Last Four Digits) All persons listed below may be entitled to share in the decedent's estate (Continue on back if necessary.) 1. DANIEL L. SCHINDLER ~• 2. TRUST FBO DONALD I. SCHINDLER $• 3. CYNTHIA SCHINDLER 9• 4. REBECCA NURICK 10. 5. 11. 6. 12. Name, Mailing Address. PO Box, City, State And Zip Of Attorney {complete for initial Name Of Firm appearance or change of address) DORIS PHILLIPS LOOMIS McGUIRE, WOOD & BISSETTE, P.A. 48 PATTON AVENUE PO BOX 3180 Attorney ear No. Tax ID No. ASHEVILLE, NC 28802 09995 © Initial Appearance in Case ^ Change of Address Telephone No. (g28) 254-8800 Fax No. (828) 252-2438 ~~-"~ -~ ~ ":'- APPLICATION ;':y9 ~ ; ~~~ _ _ (check appropriate box) ©Probate, Letters Testamentary -Administration CTA (PROB) ^ Affidavit For Collection Of Personal Property -intestate (AFCP) ^ Renunciation Of Interest -Estate (RNIE) ^ Affidavit For Collection Of Personal Property -Testate (AFCT) ^ Renunciation of Interest - No Estate (RNUN) ^ Ancillary Administration (ANCL) ^ Renunciation Of Testamentary Trustee (RNTT} ^ Appointment Of Receiver (APRC) ^ Resignation Of Trustee (RSNT) ^ Assignment Of Title (ASOT) ^ Removal/Substitution Of Trustee (RSOT) ^ Caveat (CANT) ^ Standby General Guardianship -Minor (SGUG) ^ Collector (COLE) ^ Standby Guardianship Of Person -Minor (SGUP) ^ Exemplified Administration (EXAD) • ^ Summary Administration (5UMA) ^ General Guardianship -Incompetent (GUIN) ^ Trust -Cemetery (TCEM) ^ General Guardianship -Minor (GUMI) ^ Trust (TRST) ^ Guardianship Of The Estate -Incompetent (GUEI) ^ Trust Under Will Qualification Required, No Accountings (TRNQ) ^ Guardianship Of The Estate -Minor (GUEM) ^ Trust Under Will Qualification And Accounting Required (TRUW) ^ Guardianship Of The Person (GUPE) ^ Will For Probate No Qualification (WLPR) ^ Interim Guardianship (INGU) ^ Years Allowance (YEAL) ^ Letters Of Administration (LOAD} ^ Other: (specify) ^ Proceeding Exam To Discover Assets (PEDA} ^ Power Of Attorney (POAT) ^ Payments To Clerk 28A-25.6 (PYCL) Date Signature OfA orney/A licant 7/13!09 ~`~^~~ "~ NOTE: All filings in estates shall include as the first page of the filing a cover sheet summarizing the critical lements of the filing in a format prescribed by the Administrative Office of the Courts, and the Cterk of Superior Court shall require a party to refile a filing which does not include the required cover sheet. (Over) AOC-E-650, Rev. 7106 © 2006 Administrative Office of the Courts STATE OF NORTH CAROLINA FileN°. 2009E 000501 In The General Court Of Justice HENDERSON COUft~/ Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF: .- ~,, ~ ~ ; - - Name Of Decedent ~ . LEOTA L SCHINDLER Name And Addres s Of Beneficiary NOTICE TO ~ REBECCA NURICK 1312 PINE STREET APT 1 BENEFICIARY PHILADELPHIA PA 19107 G.S. 31-14 TAKE NOT{CE that the Last Wiil and Testament of the deceased named above, of which you are a beneficiary, was admitted to probate in this office. The name, address, title and telephone number of the fiduciary who qualified is set out below. Name, Address And Title Of Fiduciaryl Name, Address And Title OfFiduciary2 DANIEL L SCHINDLER, EXECUTOR 113 HORIZON LANE FLAT ROCK NC 28731 Telephone No. Telephone No. Date Signature 7/14/2009 CHINA K PATTERSON ^ DepuryCSC [~ Assistant CSC ^ ClerkOfsuperiorCourt AOC-E-405, Rev. 3/07 © 2007 Administrative Office of the Courts STATE OF NORTH CAROLINA F~IeNo. 2009E 000501 In The General Court Of Justice HENDERSON COUnty Superior Court Division `.i7 Before The Clerk lM THE MATTER OF THE EST/ieTE'0~,':~ Name Of Decedent ~ " LEOTA L SCHINDLER - Name And Address Of Beneficiary . . NOTICE TO ~ CYNTHIA SCHINDLER 865 N FAIRVILLE AVE BENEFICIARY HARRISBURG PA 19107 G.S. 31-14 TAKE NOTICE that the Last Will and Testament of the deceased named above, of which you are a beneficiary, was admitted to probate in this office. The name, address, title and telephone number of the fiduciary who qualified is set out below. Name, Address And Title Of Fiduciaryl Name, Address And Title Of Fiduciary2 DANIEL L SCHINDLER, EXECUTOR 113 HORIZON LANE FLAT ROCK NC 28731 Telephone No. Telephone No. Date Signature 7/14/2009 CHINA K PATTERSON ^ DepuryCSC ®A.ssistantCSC ^ ClerkO/SuperiorCourt AOC-E-405, Rev. 3107 © 2007 Administrative Office of the Courts File No. STATE OF NORTH CAROLINA 2009E ooosol In The General Court Of Justice HENDERSON COUn~/ Superior Court Division Before The Clerk _ -; •~~ IN THE MATTER OF THE ESTATE Q>f:-,~ ; E i Name Of Decedent ~_'- ` LEOTA L SCHINDLER Name And AddressOfBeneficiary - ~ NOTICE TO O DONALD I SCHINDLER 113 HORIZON LANE BENEFICIARY FLAT ROCK NC 28731 G.S. 31-14 TAKE NOTICE that the Last Will and Testament of the deceased named above, of which you are a beneficiary, was admitted to probate in this office. The name, address, title and telephone number of the fiduciary who qualified is set out below. Name, Address And Title Of Fiduciary) Name, Address And Title OfFiduciary2 DANIEL L SCHINDLER, EXECU"COR 113 HORIZON LANE FLAT ROCK NC 28731 Telephone No. Telephone No. Date 7/14/2009 Signature CHINA K PATTERSON ^ DepuryCSC ®AssistantCSC ^ ClerkOfSuperiorCourt AOC-E-405, Rev. 3/07 © 2007 Administrative Office of the Courts STATE OF NORTH CAROLINA . FiieNo. 2009E 000501 In The General Court Of Justice ,,, ') Superior Court Division HENDERSON COUfI , •~• ~ -~ ~ _ ; . nA . ~ ~ ~ - Before The Clerk ~z.y 1~ IN THE MATTER OF THE ESTATE OF: " i Name Of Decedent `,._. ~ LEOTA L SCHINDLER ' ' " Name And Addres s Of Beneficiary NOTICE TO O DANIEL L SCHINDLER 113 HORIZON LANE BENEFICIARY FLAT ROCK NC 28731 G.S. 31-14 TAKE NOTICE that the Last Will and Testament of the deceased named above, of which you are a beneficiary, was admitted to probate in this office. The name, address, title and telephone number of the fiduciary who qualified is set out below. Name, Address And Title O(Fiduciaryl Name, Address And TiNe 0/Fiduciary2 DANIEL L SCHINDLER, EXECUTOR 113 HORIZON LANE FLAT ROCK NC 28731 Telephone No. Telephone No. Date Signature 7/14/2009 CHINA K PATTERSON ^ Depury CSC ®Assistant CsC ^ Clerx Of superior Court AOC-E-405, Rev. 3/07 © 2007 Administrative Office of the Courts STATE OF NORTH CAROLINA File No. 2009E 000501 In The General Court Of Justice HENDERSON COUCI~/ - Superior Court Division Before The Cferk IN THE MATTER OF THE ESTATE OF: ~~ ~ 11~ ~-'~ ~' Name Of Decedent ~ LEOTA L SCHINDLER Name And Addres s OfBeneficiary - NOTICE TO O KAREN SCHMIT ~ 48186 258TH BENEFICIARY ST BRANDON SD 57005 G.S. s1-1a TAKE NOTICE that the Last Will and Testament of the deceased named above, of which you are a beneficiary, was admitted to probate in this office. The name, address, title and telephone number of the fiduciary who qualified is set out below. Name, Address And Title Of Fiduciary) Name, Address And Title Of Fiduciary2 DANIEL L SCHINDLER, EXECUTOR 113 HORIZON LANE FLAT ROCK NC 28731 Telephone No. Telephone No. Dafe Signature 7/14/2009 CHINA K PATTERSON ^ DepuryCSC ®AssistantCSC ^ ClerkOfSuperiorCourt AOC-E-405, Rev. 3/07 ©2007 Administrative Office of the Courts Fde No 'STATE OF NORTH CAROLINA o9 E 000501 In The General Court Of Justice HENDERSON ''~` Superior Court Division C U t _ p ll y Before the Clerk IN THE MATTER OF T H E ES TE OF: j ~ Name tt 11 ~ ~ r"-` LEOTA L. SCHINI~LU~ LETTERS '• j ~ ~~~°' TESTAMENTARY ~Ht j\~ "t G.S. 28A-6-1; 28A-6-3; 28A-11-1; 36C-2-209 The Court in the exercise of its jurisdiction of the probate of wills and the administration of estates, and upon application of the fiduciary, has adjudged legally sufficient the qualification of the fiduciary named below and orders that Letters be issued in the above estate. The fiduciary is fully authorized by the laws of North Carolina to receive and administer all of the assets belonging to the estate, and these Letters are issued to attest to that authority and to'certify that it is now in full force and effect. Witness my hand and the Seal of the Superior Court. Name And Address Of Fiduciary 1 Date Of Qualification DANIEL L. SCWNDLER n / 113 HORIZON LANE ~ FLAT ROCK, NC 28731 Clerk Of Superior Court KIM GASPERSON-JUSTICE Title Of Fiduciary 1 EXECUTOR EX OFFICIO JUDGE OF PROBATE Name And Address Of Fiduciary 2 Date Of Issuance 7 /3- Signature ~ ` QJ Title Of Fiduciary 2 ^ Deputy CSC Assistant CSC ^ Clerk Of Superior Court SEAL NOTE: This letter is not valid without the official sea! of the Clerk of Superior Court. AOC-E-403, Rev. 7/06 © 2006 Administrative Office of the Courts File No. STATE OF NORTH CAROLINA 09 E 000501 In The General Court Of Justice HENDERSON County ,, Superior Court Division i - ' ~~ Before The Clerk IN THE MATTER OF THE ESTATE OF• Name Of DecedentAVlinorAncompetent/Trust /~` ~'~• C' ry~~1L ~ _ ORDER AUTHORIZING , i LEOTA L. scHINDLER ~' r` ~''iSSUANCE OF LETTERS G.S. 28A-6-1; 35A-1215, -1226; 36A-107 The Court finds from the Application for Letters in the matter named above that the Fiduciary is entitled and is not disqualified to administer the estate, trust or guardianship, Based on these findings the Court orders that Letters be issued to the Fiduciary in this matter. Name And Address Of Fiduciary 1 Date DAMEL L. SCHINDLER ~ /3 113 HORIZON LANE Clerk of superior court FLAT ROCK, NC 28731 KIM GASPERSON-JUSTICE Title Of Fiduciary 1 EXECUTOR EX OFFICIO JUDGE OF PROBATE Name And Address Of Fiduciary 2 Date Of Issuance /~ . i Signature Title Of Fiduciary 2 Assistant CSC ^ Clerk Of Superior CouR AOC-E-402, Rev. 6/04 © 2004 Administrative Office of the Courts File No. STATE OF NORTH CAROLINA o9 E 000501 HENDERSON ~~ ~ In The General Court Of Justice COUn~y ~ ' ` `" ' °"' Superior Court pivision Before The Clerk ~~a1 ~r~ P`~ '~" ~ ~ IN THE MATTER OF THE EST ~~. ~~ Name Of Decedent/Minor~ncompetent/Trust OATH/A F F I RMA TI O N err-R.f _ LEOTA L. SCHINDLER r~t~.i~u~tt:v„ -''•'~ i > ~~ - N.c. constitution, Art. vi., sec. z; G.S.11-7, 11-11; 28A-7-1 I, the undersigned, do solemnly ^ swear ^ affirm that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; and that I will faithfully discharge the duties of my office as indicated below; ^ so help me, God. ^ and this is my solemn affirmation. (check office below) ^ OATH OF ADMINISTRATOR I ^ swear ^ affirm that I believe that the above named decedent died without leaving any Last Will and Testament; that I will well and truly administer all and singular the goods and chattels, rights and credits of the deceased and a true and perfect inventory thereof return according to law; and that all other duties appertaining to the charge reposed in me, I will well and truly perform, according to law and with my best skill and ability; ^ so help me, God. ^ and this is my solemn affirmation. ^ OATH OF EXECUTOR I ^ swear ^ affirm that I believe this paper writing to be and contain the Last Will and Testament of the above named decedent; and that I will well and truly execute the same by first paying the decedent's debts and then the decedent's legacies; as far as the said estate shall extend or the law shall charge me; and that I will well and faithfully execute the office of an executor, agreeably to the trust and confidence reposed in me, and according to law; ^ so help me, God. ^ and this is my solemn affirmation. ^ OATH OF ADMINISTRATOR CTA I ^ swear ^ affirm that I believe this paper writing to be and contain the Last Will and Testament of the above named decedent; and that I will well and truly execute the same by first paying the decedent's debts and then the decedent's legacies, as far as the said estate shall extend or the law shall charge me; and that I will well and faithfully execute the office of an administrator cta to the best of my skill and ability and according to the law; ^ so help me, God. ^ and this is my solemn affirmation. ^ OATH OF FIDUCIARY I ^ swear ^ affirm that I will faithfully and honestly discharge the duties reposed in me according to the best of my skill and ability, and according to law; ^ so help me, God. ^ and this is my solemn affirmation. Name Of Fiduciary) Name Of Fiduciary 2 DANIEL L. SCHINDLER Signat re O/Fid~cia ~ Signature Of Fiduciary SWORN ^ AFFIRMED AND SUBSCRIBED TO BEFORE ME ^ SWORN ^ AFFIRMED AND SUBSCRIBED TO BEFORE ME Date Date July 1 2009 Signature e Authoriz~To Administ Oaths Signature Of Person Authorized To Administer Oaths G7 . ;eputy CSC ^ Assistant CSC ^ Clerk Of Superior Court ^ Deputy CSC ^ Assistant CSC ^ Clerk Of Superior Court u,~^~ Mdtt~ Date My Commission Expires 12-10-2010 Date My Commission Expires ^ Notary ~ ty Where Notarized County Where Notarized ~ `s Buncombe SEAL :,-4,Q0, Office of the Courts Original-File L-'~~ / ,.r-,~C~Y G/~ j (TYPE OR PRINT IN BLACK INK) STATE OF NORTH CAROLINA HENDERSON _ COUnty No. In The General Court Of Justice Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF: Name, StreetAddress, City, State And Zip Code Of Decedent ~r't• ~~ APPLICATION ' LEOTA L. SHINDLER 1{;r~ t I u~. 2 1~`~ ~. ~ IU' , u c/o 113 Horizon Lane _ ,FC~L~ PROBATE AND LETTERS Flat Rock, NC 28731 - " ' `u `~ ~TE'ST7~IIilENTARY ^ OF ADMINISTRATION CTA s Social Security No. (Last Four Digits) County Of Domicile At Time N - 6348 Henderson G.S. 28A-6-1; 28A-12-4; 31-16; 105-22 Date 0/Death Date Of Will And Codicil(s) IfAny Place Of Death (If Different From County Of Domicile) 5/5/2009 04/28/2009 Name, Street Address, PO Box, City, State And Zip Code Of Applicant Name, Street Address, PO Box, City, State And Zip Code Of Co-Applicant Daniel L. Schindler 113 Horizon Lane Flat Rock, NC 28731 Telephone No. Telephone No. (828)694-0806 Legal Residence (County, State) Legal Residence (County, State) Henderson, NC Name, Street Address, PO Box, City, State And Zip Code OfAttomey Attorney Bar No. Doris Phillips Loomis 09995 PO Bo 3180 x Telephone No. 48 Patton Avenue Asheville, NC 28802 (828) 254-8800 I, the undersigned, applying for probate and for letters in the above estate, being first duly sworn, say that: 1. The decedent was domiciled in this county at the time of the decedent's death, or left property or assets in this county, or was a nonresident motorist who died in North Carolina; no other proceeding for probate or for administration is pending in any jurisdiction. 2. The decedent left the paper-writing(s) purporting to be the decedent's Last Will and Testament ^ and codicil(s), dated as shown above. 3. © a. I am an executor, devisee or legatee named in the will, or a next-of-kin or creditor of the decedent. ^ b. I am the person entitled to apply for letters or am applying after all persons having prior right to apply have renounced. ^ c. I am applying subject to G;S. 28A-6-2{1) and move that al{ necessary citations be issued. ^ d. I am the public administrator appointed by the Court. 4. I am not disqualified pursuant to G.S. 28A-4-2 to administer the estate and have not renounced my right to do so. 5. Following the execution of the will there were no children born to or adopted by the decedent, and the decedent did not thereafter marry or obtain a divorce. (If the facts are otherwise, state them on an attachment.) 6. After diligent inquiry, I have determined that the persons listed below are all the persons entitled to share in the decedent's estate. (Jf there is acourt-appointed guardian forany such person(s), list the guardian's name and address on an attachment) NAME AGE RELATIONSHIP MAILING ADDRESS Daniel L. Schindler 18+ Son 113 Horizon Lane-Flat Rock NC 28731 Trust FBO Donald I. Schindler N/A Trust Daniel L. Schindler, Trustee 113 Horizon Lane-Flat Rock NC 28731 Cynthia Schindler (Koppenhaver) 18+ Granddaughter 865 N Fairville Ave-Harrisburg PA 17112 Rebecca Nurick 18+ Granddaughter 1312 Pine St Apt 1 F-Philadelphia PA 19107 Karen Schmit 18+ Niece 48186 258th St-Brandon, SD 57005 AOC-E-201, Rev. 4108 Original -File Copy -Applicant ©2008 Administrative Office of the Courts (Preliminary Inventory On Reverse) ' PRELIMINARY INVENTORY (Give values as of date of decedent's death. Continue on separate attachment if necessary.) PART I. PROPERTY OF TF1E ESTATE 1. Accounts in sole name of decedent (List bank, etc., each account no. and balance.) Est. Market Value Citizens Bank Money Market No. 622291-970-0 $119,215.40 PNC Certificate of Deposit No. 31900338964 191,608.00 PNC Checking Account No. 51-4005-5487 6,311.92 2. Joint accounts without right of survivorship (List bank, etc., each account no., balance and ~oint owners.) Owned By Dec. Owned By Dec. Owned By Dec. Owned By Dec. 3. Stocks/bonds/securities insole name of decedent or jointly owned_ without right of survivorship .................. % Owned By Dec. ............................................................ Cash and undeposited checks on hand 4 ....................................................................................................... . . . . . ... ............. Household furnishings 5 ................................................................................... .......... ..... ...... .... .. . .................................................... 6. Farm products livestock equipment and tools . ... .... ..... .... ........... , , ... ... .. . . . 7. vehicles......20Q3...~.ui.ck...C.en.tux:y ..................................................................................................... 5 3 8. Interest in partnership or sole proprietor businesses .................................................................................. 9. Insurance, Retirement Plan, I.R.A., etc., payable to Estate ........................................................................ 10. Notes, judgments, and other debts due decedent ....................................................................................... 11. Miscellaneous personal property ................................................................................................................. 12. Real estate willed to the Estate ..................................................... -_ ~,:.. ``, ~ ..< . 13. Estimated annual income of Estate .................................................................................................. ea e b nd n the am u it li a le. T TAL PA T $ 324 435.32 0.00 ;~ "~ ,~ f PART II. PROPERTY WHICH CAN BE ADDED TO STATE IF NEEDED TO PA ~. CLAIMS ='`" 1. Joint accounts with right of survivorship (List bank, etc., each account no., balance & joint owners.) $ 2. Stocks/bonds/securities registered in beneficiary form and immediately transferred on death or jointly owned with right of survivorship ................................................................................................................. 3. Other personal property recoverable (G.S. 28A-15-10)..... ....... .. ....... :. . ---- 4. Real estate owned by decedent and not listed elsewhere............ ~'~t ................................................... 240 , 000.00 _ TOTAL PART II. ''~_; ~_,„:. ,_"-~` ~~~~ PART III. OTHER PROPERTY $ 240 , 000.00 0.00 ~ `r ~ -- 1. There ^is ~is not entireties real estate owned by decedent and spouse ....................................... 2. There ^are ®are not Insurance, Retirement Plan, I.R.A. accounts, annuities etc., payable to named beneficiaries ..................................................................................................................................... 3. There ^ is ~] is not a potential claim for wrongful death arising under G.S. 28A-18.2 ..................... ;,_ ` ` ~t ;=,: r~'"- Signa re Of Applican a Signature OiCo-Applicant SWORN/AFFIRMED AND SUBSCRIBED T BEFORE ME SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME Date Signature f P on Auth ed To i ester Oathg 7/10(09 Date Signature Of Parson Authorized To Administer Oaths ~ep h~ ssista CSC ^ Clerk Of Superior CouR ^ Deputy CSC ^ Assistant CSC ^ Clerk Of Superior Courf ~` '^' Da f,.Fommission Expires ~ ~-10-2010 Date Commission Expires ^ Notary tiere Notahzed combe County Where Notarized SEAL 4/08 of the Courts 09-~~~0/ STATE OF NORTH CAROLINA AFFIDAVIT OF RESIDENCY COUNTY OF HENDERSON ~~ ~ - - } 1~~R it c~ ! 3 , ~ ~~ 4 6 DANIEL L. SCHINDLER, being duly sworn, deposes and says: 7~1`~u (lWi.1Y J:..ii~ ~~ i:rJ'v 1. He is the named Executor under the Last Will and Testament of Leota L. Schindler. 2. Leota L. Schindler died on the 5th day of May, 2009 in Hendersonville, North Carolina. 3. Pursuant to NCGS 28A-3-1, the proper county for probate of a Will is where the decedent had his domicile as of the date of death. 4. Under North Carolina case law, to establish domicile there must be a residence and intention to make it a home or to live there permanently or indefinitely. See Martin v. Martin, 118 S.E.2d 29. 5. North Carolina courts have defined residence as a person's actual place of abode, whether permanent or temporary and domicile as a person's permanent dwelling place, to which, when absent, he has the intention of returning. See Thayer v. Thayer, 187 N.C. 573, 122 S.E. 307. 6. The decedent had moved her household goods and moved into Apartment #385 at Lake Point Landing in Hendersonville, North Carolina where she planned to reside for the remainder of her life. 7. All of decedent's medical records had been forwarded to Dr. Abamoussa in Hendersonville, North Carolina whom she specifically named as her new physician. 8. A personal contact at Pardee Hospital had been secured in the event she experienced an emergency prior to her first appointment with Dr. Abamoussa on May 13, 2009. 9. Decedent's mail had been forwarded to 113 Horizon Lane, F{at Rock, NC 28731 and Lake Point Landing, Apartment #385, Hendersonville, NC. 10, Decedent died in Henderson County, North Carolina where she intended to reside permanently as evidenced by all the above actions. Further, the affiant sayeth not. e Daniel L. Schindler SWORN TO AND SUBSCRIBED before me this ~ day of July , 2009. NOT BLIC Print or a Name ~ Gi, ~aL1 yl Se ~ My commission expires: ~- 09 -~O1 / ND: 4833-8417-2548, v. 1 `\\\\~ \l:l,1l11NYY ~"''~ ~~'}e~tii4,~ YY~~h, `~~ `` cy10K ~~'AY+, ~i ~~ % i =C S ~ ~ G~ ~~ s i ~~i U ~~` '\ ~ .` ~~~ Yf y t l1h„~.\\!\~\\~e. ND: 4833-8417-2548, v. 1 foie ivo. STATE OF NORTH CAROLINA 09 E 000501 - In The General Court Of Justice HENDER50N COUI'7t~ Superior Court Division y ~ Before The Clerk ~~ b IN THE MATTER OF THE EST ,' ~ s-. Name Of Decedent LEOTA L. SHINDLER 4 ~~~~~.t. ~ ~ ~ `' "~~F` , ~ ~ J y' CERTIFICATE OF PROBATE 04/28(2009 G.S. 31-17 A paper-writing dated as indicated above, purporting to be the Last Will. and Testament or codicil(s) thereto of the above named decedent has been exhibited before me. Sufficient proof of the due execution thereof has been taken in the self-proving paper-writing or as set forth in the accompanying affidavits which are incorporated and made a part hereof. It is adjudged that the paper-writing and every part thereof is the Last Will and Testament or codicil(s) thereto of the decedent, and the same is ordered admitted to probate. , Date /' /~" Signature Assistant CSC ~ Clerk Of Superior Court AOC-E-304, Rev. 5/98 m 1998 Administrative Office of the Courts ~~~ LAST WILL AND TESTAMENT OF LEOTA L. SCHINDLER I, LEOTA L. SCHINDLER, of East Pennsboro Township, 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 and making void all previous Wills and Codicils heretofore made by me. FII2ST I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my personal representative need not accelerate ~~~ and a those unmatured obli ations which in his her or its o inion it mi ht be ro er and more pY g p g P P L advantageous to retain or renew and pay as they become due and payable. I desire my remains to be interred beside those of my late husband, Tobi~Schindler, in Cherokee, Iowa, and I authorize my personal representative to expend funds from my estate to pay for the opening of the grave and ~~ for the inscription of the marker for my grave in such amount as my personal representative shall consider necessary and desirable. Page 1 of 6 Pages SECOND I give, devise, and bequeath my Decoration of Chivalry pinto my niece, KAREN SCHMIT, provided that she survives me by sixty (60) days. THIRD I give, devise, and bequeath the rest and remainder of my entire estate together with all insurance proceeds thereon of whatever nature and wheresoever situate, as follows: A. One-half (1/2) to my son, DANIEL L. SCHINDLER, providing that he survives me by sixty (60) days. Should DANIEL L. SCHINDLER predecease me or die on or before the sixtieth (60th} day following my death, then I give, devise and bequeath his share to his wife, CHERYL SCHINDLER, providing that she survives me by sixty (60) days; B. One-quarter (1/4} intrust for the benefit of my son, DONALD I. SCHINDLER (also known as Stefan Schindler), providing that he survives me by sixty (60) days; C. One-eighth (1//8) to my granddaughter, CYNTHIA SCHINDLER, providing that she survives me by sixty (60) days; and '? D. One-eighth (1/8) to my granddaughter, REBECCA NURICK, providing that Q she survives me by sixty (60) days. In the event that one of my above-named beneficiaries predeceases me or dies on or before the c~~, ~ sixtieth (60th) day following my death, then in that event, except as specifically provided above, the deceased beneficiary's share of my estate shall be divided among my surviving named ~q beneficiaries above, pro rata. ~~` ~ i FOURTH I hereby acknowledge that I have specifically omitted my son, DAVID M. SCHINDLER, from this, my Last Will and Testament. Page 2 of 6 Pages FIFTH I hereby appoint my son, DANIEL L. SCHINDLER, as my Trustee for the benefit of my son, DONALD I. SCHINDLER (also known as Stefan Schindler). In the event that DANIEL L. SCHINDLER is unwilling or unable to serve for any reason, I appoint his wife, CHERYL SCHINDLER, to serve instead. I direct that no Trustee shall be required to give or post bond for the faithful performance of the Trustee's duties in this or any other jurisdiction. SIXTH During the term of this Trust created pursuant to this Will for the benefit of my son, DONALD I. SCHINDLER (also known as Stefan Schindler), the Trustee is authorized to make monthly payments consisting of one (1%) percent of the total principal funds held in Trust for the benefit of the beneficiary, said amount to be determined upon the conclusion of the administration of my estate, and said monthly payments to commence sixty (60) days following the conclusion of the administration of my estate. Further, my Trustee shall pay for the benefit of the beneficiary all interest earned by the remaining accumulated principal on at least a quarterly basis, commencing ~~ with the ninetieth (90~') day following the conclusion of the administration of my estate. Said payments of principal and interest outlined above need not be made directly to the beneficiary, but ~`~ may be made, at the discretion of the Trustee, for the benefit of the beneficiary, in the Trustee's sole discretion, for the health, maintenance, and support (including rent and/or mortgage payments) J~ of the beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge or obligations of the beneficiary, and shall not be subject to any execution or attachment. If said beneficiary shall die before the termination of the Trust, the Trust shall terminate and the remainder thereof shall paid in accordance with the paragraphs above. Page 3 of 6 Pages SEVENTH My Executor and Trustee are authorized and empowered to exercise from time to time in his, her or its sole discretion and without prior authority from any Court, in respect of any property forming part of any trust hereby created or otherwise in its possession hereunder, all powers conferred by law upon trustees or executors and I intend that such powers be construed in the broadest possible manner. EIGHTH I nominate, constitute and appoint my son, DANIEL L. SCHINDLER, Executor of this my Last Will and Testament. In the event DANIEL L. SCHINDLER is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then :[ nominate, constitute and appoint my daughter-in-law, CHERYL SCHINDLER, to serve instead. In the event CHERYL SCHINDLER is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint DORIS LOOMIS, ESQUIRE, of Ashville, North Carolina, as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~ ~ day of , 2009. Witness L A L. SCHINDLER Witn ss Page 4 of 6 Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, LEOTA L. SCHINDLER, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to the law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. LE TA L. SCHINDLER Sworn or affirmed and acknowledged before me by LEOTA L. SCHINDLER, the Testatrix, this 2 `~ ~ day of ~ ~~ c~ , 2009. 1~~~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ROBERT P. KLINE, Notary Public New Cumberland 8oro.,Cumber(and Co. My Commission Expires June 21, 2010 Page 5 of 6 Pages AFFinAVTT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, rn,' f zi~ f~nC,~i`'~Son and A/~~d Gi,r--v~~ ,the witnesses whose names are attached to the foregoing document, being duly qualified according to the law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. J~.a Sworn or affirmed and subscribed before me by ~1C;-~~ ~~.e.,~-5~ and ~~ ~~ ~ . 6, ~ r~ : this Z'~ l~ day of _~ titi) , 2009. NOTARY PUBLIC COMMONWEALTH dF PENNSYLVANIA NOTARIAL SEAL R08ERT P. KLINE, Notary Public New Cumberland Boro.,Cumberland Co. My Commission Expires June 21, 2010 Page 6 of 6 Pages