HomeMy WebLinkAbout09-24-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Estate of Robert A. Sheppard File Number ~ ~ -V9 - n ~ ~9
also known as
,Deceased Social Security Number 314-42-4821
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix named in the
last Will of the Decedent dated May 2, 1997 and codicil(s) dated none
(State relevant circumstances, e.g., renunciation, death of executor, etc.) rv
C7 d
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of ~strument(~ffere~, • ;' ~ :~
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~? -i7 [T! C ; ;.=~
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® B. Grant of Letters of Administration . - -~ .C" -
(lfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durann'y~te) . `:
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spatfse~j'f any) at c~eirs: ;(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.) -~ ~ •.
3.~ ~ 1
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
222 Hollar Avenue, Shinpensbure, Cumberland County, Pennsvlvania 17257
(List street address, town city, township, county, state, zip code)
Decedent, then 66 years of age, died on August 17, 2009 at Shippensburg Health Care Center
121 Walnut Bottom Road, Shippensbura, Cumberland Countv Pennsvlvania 17257
Decedent at death owned property with estimated values as follows: //,, ~~y
(If domiciled in PA) All personal property $ ~ yvt ~V I'
(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:
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:
Si afore T ed or rinted name and residence
Lynne H. Shepphard, 222 Hollar Avenue, Shippensburg, PA 17257
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
SS
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 and subscribed
before me the ~ ~ day of
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r the Register
Signatt~fPersonalRepresentative '
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File Number: N
Estate of Robert A. Sheppard ,Deceased
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Social Security Number: 314-42-4821 Date of Death: August 17, 2009
AND NOW, ~~~ ~ ~ _ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, T IS DECREED that Letters testamentary
are hereby granted to Lynne H. Sheppard
in the above estate
and that the instrument(s) dated May 2, 1997
described in the Petition be admitted to probate and filed of
FEES
Letters ............... $ ~~ ~ ~~
Short Certificate(s) ........ $
Renunciations} .......... $
1l1(jl~ ... $ 15~
... $ ~D.
.. $ S ~~D
... $
... $
... $
... $
... $
... $
TOTAL .............. $ --9-60r
Attorney Signature:
Supreme Court I.D. No.: 44853
Address:
Telephone:
Decedent.
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
(717)249-6873
Form RW-01 rev. 10.13.06 Page 2 of 2
Attorney Name: David A. Baric
VO5.805 REV (OiJ07)
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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 15708852
CertiFicatian Number
This is to certify that the information here given i
correctly copied from an original Certificate of Deat
duly filed with me as Local Registrar. The origin
certificate will be forwarded to the State Vita
Records for anent
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LAST WILL AND TESTAMENT ~ =~ r~T~ ~~. ._
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PP Svc t~ s ~ o. ~ ~- - _,
I, Robert A. She ard, a resident of ~ ~b.lweay~l't,h,_,~, _~
of Pennsylvania, do make and publish this, my LAS~_`.~'~ LL VL- -~
TESTAMENT, hereby revoking all Wills and Codicils here.t'~ore t~.de ~~-: ~ ~`
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by me . =~ ca
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ARTICLE I - IDENTIFICATION
1.1 Spouse. My spouse is Lynne Hoy Sheppard. All references in
this Will to my "spouse" shall be to such spouse.
1.2 Children. I have two (2) children, Paul R. Sheppard and Gary
J. Sheppard. All references in this Will to my child or children
shall be to such children and any and all children born or adopted
by me after the date of this Will.
ARTICLE II - DEBTS AND EXPENSES
2 1 Debts and Expenses. My debts (other than debts, if any,
secured by mortgages of real estate or the assignment or pledge of
life insurance policies), funeral and administration expenses shall
be paid out of my estate.
ARTICLE III - SPECIFIC GIFTS
3.1 Personal Effects. (a) I give, devise and bequeath all of my
clothing, jewelry and personal effects, and all furniture,
furnishings, household effects, and other tangible personal
property (except currency) in accordance with a written list or
memorandum which I may have executed and which may be in existence
at the time of my death.
(b) To the extent that all such property is not effectively
disposed of by such written list or memorandum, or if no such list
or memorandum exists, I devise the same, including insurance
policies thereon, to my spouse, Lynne Hoy Sheppard, if surviving,
or if not surviving, I devise same to Paul R. Sheppard, Gary J.
Sheppard, Thomas C. Hoy, Jr. and Michael D. Hoy, in equal shares.
All costs of safekeeping, insuring and shipping shall be deemed to
be a general estate administration expense.
ARTICLE TV - RESIDUE
4.1 Residue. I give, devise and bequeath all of the residue of my
estate to my spouse, Lynne Hoy Sheppard. If my spouse shall not be
surviving then I devise the residue of my estate to Paul R.
Sheppard, Gary J. Sheppard, Thomas C. Hoy, Jr. and Michael D. Hoy,
in equal shares. In the event that any of these beneficiaries
shall predecease me, then such beneficiary's share shall be
1
distributed to such beneficiary's surviving issue, per stirpes. In
the event that such beneficiary is not survived by issue, then such
beneficiary's share shall pass to my surviving issue, per stirpes.
ARTICLE V - FIDUCIARY APPOINTMENTS
5.1 Executor. I appoint Lynne Hoy Sheppard to be Executrix under
this my Will. In the event that Lynne Hoy Sheppard should fail to
qualify or otherwise ceases to act as Executrix, then I appoint
Paul R. Sheppard as successor Executor. No Executor shall be
required to furnish bond or other security.
5.2 Trustee. I appoint Lynne Hoy Sheppard as Trustee under this
my Will. In the event of the death, resignation or inability to
serve of Lyrae Hoy Sheppard, then Paul R. Sheppard shall serve as
successor Trustee. No Trustee shall be required to furnish bond or
other security.
ARTICLE VI - ADMINISTRATIVE PROVISIONS
6.1 Taxes. I direct that all estate, inheritance or other death
taxes, including interest and penalties, if any, payable by reason
of my death, be paid out of my residuary estate.
6 2 Spendthrift Clause. I direct that all legacies, and all shares
and interests in my estate, whether principal or income and whether
IN TRUST OR OTHERWISE, while in the hands of my representatives,
Trustee or Executor, shall not be subject to attachment, execution
or sequestration for any debt, contract, obligation or liability of
any legatee or beneficiary, and shall not be subject to pledge,
assignment, conveyance or anticipation, and the personal receipt by
such legatee or beneficiary shall be sufficient and the only
discharge of my representatives, Trustee or Executor.
6 3 Beneficiaries Under Age of 2_1_. (a) Notwithstanding the previous
provisions of this Will, if a beneficiary under age twenty-one (21)
becomes absolutely entitled to any property under the foregoing
provisions, such property shall immediately vest in such
beneficiary. The Trustee shall hold the property as a separate
trust for the benefit of the beneficiary and shall pay to or apply
for his or her benefit so much of the net income and so much of the
principal at any time and from time to time as the Trustee with
sole discretion believes advisable to provide adequately for the
beneficiary's health, maintenance, education and support in
reasonable comfort.
(b} All funds not paid to or applied for the beneficiary in
accordance with Section 6.3 (a) shall be paid to the beneficiary at
age twenty-one (21) or to the beneficiary's personal representative
in the event of the beneficiary's death prior to age twenty-one
(21) Upon obtaining a receipt from the person to whom distribution
is made, the Trustee shall be relieved of any further obligations
2
with respect to the property distributed.
ARTICLE VII - FIDUCIARY POWERS
7.1 Fiduciary Powers. My Executor and Trustee (including any
substitute or successor Executor and Trustee) shall have the
following powers, in addition to, and not in limitation of, all
powers conferred by statute, or similar provision of subsequent
law: to (a) invest, reinvest and retain, abandon assets as long as
shall seem prudent, without restriction to investments authorized
by law; (b) sell, convey, exchange, mortgage, lease or otherwise
dispose of all or any part of my property, real or personal, at
public or private sale, for such prices and upon such terms and in
such manner as such fiduciary may deem advisable (c) receive the
proceeds, rents, issues, incomes and profits therefrom; (d) borrow
money from themselves or others; (e) employ and compensate
custodians, accountants, attorneys and other agents; (f) register
securities and other property, real or personal in nominee or
bearer form; (g) liquidate or compromise any and all claims due to
or by my estate; (h) make distributions of such property in cash or
kind or partly in each, in divided or undivided interests; (i)
exercise federal tax elections under the Internal Revenue Code,
with or without making compensation among beneficiaries; (j) retain
and manage any business; (k) account to adults; (1) pay Executor's
and Trustee's commissions and attorney's fees on account; and (m)
execute and deliver necessary instruments and give full receipts
and discharges.
ARTICLE VIII - DEFINITIONS
8.1 Definitions. The singular shall be deemed to include the
plural, the masculine the feminine, and vice versa. Headings and
captions are for reference only. All references to issue or
descendants shall include persons born or adopted after the date of
this will.
8.2 Survival Presumption. If my spouse and I shall die
simultaneously under circumstances which render it difficult or
impossible to determine the order of death, then my spouse shall be
deemed to have survived me. If any other beneficiary fails to
survive me by thirty (30) days, then such beneficiary shall be
deemed to have predeceased me.
IN WITNESS WHEREOF, I subscribe my name this ~ ~~~day of d~~-y
1997.
Robert A. Sheppard
3
SIGNED, SEALED, PUBLISHE
Last Will and Testament,
each of us, we all being
request, in his presence
hereunto signed our names
Karl T. Crytser
Victoria A. Sassi
D AND DECLARED by the Testator to be his
in our presence and in the presence of
present at the same time; and we, at his
and in the presence of each other, have
as attesting witnesses.
residing at 717 W. 2nd North St., Morristown, TN
residing at 27 Breece Drive, Yardley, PA
COMMONWEALTH OF NEW JERSEY
. SS.
COUNTY OF MERCER
I, Robert A. Sheppard , the Testator, sign my name to this
instrument this 2nd day of May 1997, and being first
duly sworn, do hereby declare to the undersigned authority that I
sign and execute this instrument as my Last Will and Testament and
that I sign it willingly, and that I execute it as my free and
voluntary act for the purposes therein expressed, and that I am 18
years of age or older, of sound mind and under no constraint or
undue influence.
i
bert A. Sheppa
Karl T. Crytser and Victoria A. Sassi ,
the witnesses, being first duly sworn, do each hereby declare to
the undersigned authority that the Testator signs and executes this
instrument as his Last Will and Testament and that he signs it
willingly, and that each of us states that in the presence and
hearing of the Testator, he or she hereby signs this Will as
witness to the Testator's signing, and that to the best of his or
her knowledge the Testator is 18 years or older, f sound mind, and
under no constraint or undue influence. „~
WITNESS
~}
W TN SS
4
COMMONWEALTH OF 'NEW JERSEY
COUNTY OF MERCER
. SS.
Subscribe~3, sworn to and acknowledged before me by
~o~rf /~..5`7~~~r the Testator, and subscribed and sw rn to before me
by Ci. ~ ~ C'Y~l f5~" and Yi`C~o r i GL. Sct S S/~
witnesses this Zn_ day of /Vf~t~ 1997.
ROGER J. OSWALD
N~fARY PUBLIC OF NEW JERSEY
jWy Comtttis~on Expires Sepbanber 9, 2001 NO TAR P L I O F NEW J E R S E Y