HomeMy WebLinkAbout10-01-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Robert M. Scharding
also known as
Deceased
Petitioner(s), who is/aze l8 years of age or older, apply(ies) for:
(COMPLETE A' or 'B' BELOW:)
File Number
Social Security Number 344-12-9002
Q/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Mary Ann Geller named in the
last Will of the Decedent dated December 1, 1998 and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.J
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
(]f applicable, enter: c.t.a.; d.b.n.c.t.a.; pendentelite; durante absentia; duranteminoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following s,~epse (if any) a~heits: (If ..r~
Administration, c. t. a. or d. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.) ~-- ~ `s' -_;:: . ~~
-- ~E7 O f~r' ~~._~
Name Relationshi Resid~ricet- C? ""} _
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ~
CJ~ -e
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~
Manor Care 1700 Market Street Camp Hill PA 17011
(List street address, town/city, township, county, state, yip code)
Decedent, then 85 yeazs of age, died on September 28, 2009 at Manor Care, 1700 Market Street, Camp Hill, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 100,000.00
(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 fo
erefore, 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
undersigned:
ature T ed or rinted name and residence
~, ~ Mary A. Geller, 231 Franklin Road, Glencoe, IL 60022
Form RW-02 rev. 10.13.06
Cumberland COUNTY, PENNSYLVANIA
Page 1 of 2
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 of Petitioner(s) and that, asp sonal 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 ~ ~i day of
~c~~,t ~~
~?l~a,.~.~~~ ~ Q • Q • r~~~
!~ ' U For the Register
of
Signature of Persona! Representative
Signature of Personal Representative
File Number: o(1 - n~ ' a ~a ~ -
Estate of Robert M. Scharding ,Deceased
Social Security Number: 344-12-9002 Date of Death: September 28, 2009
AND NOW, ~':~.k.~ ~ Zcx` , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters of Testamentary
are hereby granted to Marv A. Geller
in the above estate
and that the instrument(s) dated December 1, 1998
described in the Petition be admitted to probate and filed of
FEES
Letters ............... $~). ~ -
Short Certificate(s) ........ $ ~'g ~ CX'?
Renunciation(s) .......... $
~ LL ... $ ~S -Cfv
1~~ U rY1i i~~ vlv ... $~5~._
... $
... $
... $
... $
... $
... $
TOTAL .............. $~ • (k 9r6b
as the last Wy~l (and Codicil(s)) of Decedent.
Attorney Signature: Register of Wills „_
/ ,t.1,
Attorney Name: Craig A. ehl, Esquire
Supreme Court I.D. No.: 52801
Address: 3464 Trindle Road
Camp Hill, PA 17011
Telephone: 717-763-7613
Form RW-02 rev. 10.13.06 Page 2 of 2
OCAL RECaISTRAR'S CERTIFICATION OF DEATH
WARNING: It is. illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. Sfi.UO
P 15690809
Certification Number
~'''"~jHOFp~~ ~~hn i~ to certil_v that: the mformition herc a!)~en is
ttltrljl~~,~,-- --- E~iyj~ lOIIeCL.~' ~CO~led IrUm all OIlglnal Cer[Itlcitlc OI Death
o~/~ ~ l __ duly filed ~~ ith me pis I_oc;d Re~at`,trar. Thy original
~/ ~z~ certificate will he forwarded to the State Vital
~; ~~ ; ~'a; Records Office f,3r pernuu~ent filin~~.
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- Local Re«istrar Date Issued
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3 REV 1112006
/ PRINT IN
IMANEN7
ACK INK
COMMONNIEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples an reverse) STATE FILE NUMBER
t. Name of Decedent (Flrs1, middle, lass. suffix) 2. Sex 3. Social Security Numher 4. Date of Death (Month, day, year)
Robert Michael Scharding male 344 - 12+- 9002 September 28, 2009
5. Age (Last Birthday) Under 1 year Under 1 day 6. Date of Binh (Month, day, year) 7. Birthplace (City and slate or foreign country) Ba. Place of Oeath (Check only one)
raonms Days Hours uin,res Hospital: Other.
85 vra March 9, 1924 Chicago, IL ^mpa0em ^ERlogl bent ^DOA ®Nursin Nome
pa g ^ Residence ^Other ~ Specity.
6b. Counry of Death 8c. City, Boro, Twp. of Death 6tl. Facility Name Qt not inslitulion, give street and number) 9. Was Decedent of Hispanic Origin? ®No ^Ves 10. Race. American Indian, Black, White, etc.
Cumberland
Camp Hill
Manor Care (II yes, specify Cuban,
Mexican,PuenoRican,etc) ISpeayf
white
11. Decedent's Usual Occu albn Kind of work d one tl urin most of workin tile. Do not stale retired 12. Was Decedent ever in the 13. Decedent's Education (Specity onry highest grade compl eted) 1d. Mental Status: Marred, Never Married. 15 Surviving Spo use (Ii wile, give maiden name)
Kind of Work Kind of Business I Industry U.S. Armed Forces? Elementary 1 Secrondary (0-12) Colle a (1-4 or 5.) Widowed, Divorced (Specity)
Electrical En ineer Federal Government ^Yea ®Ng 12 ~ Widowed
16. Decedent's Mailing Address (Street, city f town, state, zip code) Decedent's Did Decedent
Slate Pennsylvania
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733 Harding Street e
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New Cumberland PA 17070
, 17b cgunty Cumberland rid.®Np,Degedem Livedwahin New Cumberland
Actual Umhs gl City ~ Borg
f 6. Father's Name (First, middle, last, suffix) 19. Mother's Name (First, middle, maiden sumeme)
Michael Schardin Jose hine Lem era
20a. Inlomlanl's Name (Type r Pnntl 20b. Informant's Mailing Address (Street city! sown, state, zip cotle)
Mary A. Geller 231 Franklin Road, Glencoe, IL 60022
21a. Method of Disposition ^ Crenation ^ Donatbn 21 b. Date of Disposition (Month, day, year) 21 c. Place of Disposition (Name of cemetery, crematory or other place) 21 d. Location (City /town, slate. zip code)
® Burial ^ RemovalirgmStale i WasCrematlonorponatlonAuthodzed October 1, 2009 Rolling Green Cemetery Lower Allen. Twp. ,PA 17011
^ Other ~ Specity: '; by Medical Examiner /Coroner? ^ Yes ^ No
22a. Signature of F neral ' e Licen person acting as such) 22b. License Number 22c' Name antl Address of FaciNry
~ FD 013 340 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070
Complete Items 23a<onty when cenityirg 23a. To the best of my knowledge, tleath occurred al the Nme, date and place stated. (Signature and IiNe) 23b. License Number 23c. Dale Signetl (Month, tlay, year)
physician Is rid avaiWMe at dme of tleath to
cendY cause gl deals.
Items 24-26 must De completetl by person 2<. Time of Death 25. Date Pronounced Deed (Month, day, yea
r) 25. Was Case Relerted to Medical Examiner 1 Coroner for a Reason Other Than Cremation or Donation?
wta pronoruices tleath. C A M. r
~
~~{'el"1'1 ~y' ZLl ZC~9 ^Ves ~f No
CAUSE OF DEATH (See instructions and examples) rgximale Mtervat.
in
or com
licatbns - that directl
ceusetl the tleath
DO NOT enter terminal events su s card cane
hem 27
Pan r
Enter Ina
hain of events -diseases
unes
D Pan II: Enter other sionil cant conditrons contributing to tleath.
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d 28 Did T cco Use Contribute to Death?
Yes
Probabl
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respirato anest, or vemncular libnllation without s owin me efielo L' t grit one cause on each li
ry D 9 qy y but not resu
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^ No . ^ Unknown
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IMMEDIATE CAUSE IFlnal disease or " I~ ' 1 /l Z/~ 29. II Female-.
condhion resuMng in death) _~ G y (// ` ^
Due to (or as a epuen f).
r Not pegnant within pest year
^ Pregnant al lima 01 death
SequentialFy list ggntlilions, if any, d
' 1
katlin9 to the cause listed on I
me a.
Enter Ina UNDERLYING CAUSE Due to (or as a n u a ~. r ^ Not pregnant, but pregnant within 42 days
(disease or injury that initiated the
events resultin
in death) LAST ~
r of death
g
Due to for as a consequence off. preg ys year
^ Not pregnant, bN nanl 43 da to 1
before tleath
d.
^ Unknown if pregnant within the pall year
30a. Was an Autopsy 30b. Were Autopsy Fintlings 31 Manger of Death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurretl 32c. Place of Injury: Home Farm, SlreeL Factory,
Performed? Available Prior to Completion -/
I/
I Ohlce Building, etc. (Specity)
1 of Cause of Dealh7 '
Natural ^ Homicide
/
^ Yes VI No
/-'
^ Ves ~No ^ Accident ^ Pestling Investigaliop 32d. Tme of Injury 32e. Injury at Work? 321. II Transponalion Injury (Specify)
^P
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^ D 32g Lxatign of Injury (SlreeL city f town. stale)
. ^ Swcitle ^ Coultl Not be Delarminetl ^ Yes ^ No r
assenger
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M ^Olher- Speraty:
33a Certifier (check onN grief 33b. Si
• Certitying physician f,Physkian certitying cause of death when another physaan has pronounced death and completed Item 23)
To the best of my knowledge, death occurred due to the cause(s) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,--~-.
• Pronouncinq and certitying physician (Physician holh pronouncing tleath and cenitying to cause of death)
To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) end manner es stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 3 c. se Numb r ~ ~ 33d. ate ned ( -day, year
i
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• MMigel Examiner/Coroner ~
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On the basis of examination and! or investigation, in my opinion, death occurretl at the lime, date, and place, and due to the cause(s) and manner as statetl_ ^ p Print r (~
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Name and Address of Person Who Cam leletl Cause of Deatn them 2l) T
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35. Registrar's nature antl Dls t Y /
I ~I I ~" I ~ I I I 36 Day'Filed ( nth. day, year)
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Disposition Permit No.
U3f.L f322 ~ ,,
LAST WILL AND TESTAMENT
OF
ROBERT M. SCHARDING
I, ROBERT M. SCHARDING , of New Cumberland Borough, Cumberland County,
~a
Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ~?~ _
:_i ~,,.~ C..~
r-._.
__ .._
ARTICLE ONE _: _, ~ ,~ r -_., _ 7
--,, ~? _ -
TANGIBLE PERSONAL PROPERTY -~~ _ "
;U C_t'1c , ; ~ , i
§ 1.1 I bequeath my Summers piano to my children who survive me. If none of my
children desires to retain the piano, I bequeath such to the ST. ELIZABETH ANN SETON
PARISH, Mechanicsburg, Pennsylvania.
§ 1.2 I bequeath all my tangible personal property not disposed of in § l .1 above,
including by way of illustration but not by way of limitation, my household furniture and
furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such
property used in a trade or business, 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.
§ 1.3 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.
§ 1.4 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 Robert M. Scharding 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 daughter, MARY ANN GELLER, as Executrix of this Will. If
MARY ANN GELLER is unable or unwilling to act or continue to act, for any reason
whatsoever, I appoint my daughter, THERESE JO FISHER, as successor Executrix. All
references herein to the "Executor" shall mean my originally appointed Executrix or my successor
Executrix, as the case may be.
-2-
§ 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 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;
-3-
§ 4.2.6 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;
§ 4.2.7 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;
§ 4.2.8 To allocate, in the Executor's sole and absolute discretion, any
portion of my exemption under Section 2631(a) of the Internal Revenue Code
(which statutory exemption is presently $1,000,000), 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
§ 4.2.9 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.
-4-
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
MISCELLANEOUS PROVISIONS
§ 7.1 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.
§ 7.2 If any person 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.
§ 7.3 A An individual fiduciary shall be entitled to receive reasonable compensation for
such fiduciary's services hereunder.
§ 7.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any
beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise
suffers from an illness or mental or physical disability that would make distribution directly to
such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good
faith), the fiduciary may distribute such property to the person who has custody of such
beneficiary, may apply such property for the benefit of such beneficiary, may distribute such
-5-
property to a custodian for such beneficiary, whether then serving or selected and appointed by
the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or
Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's
estate, may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary (except if any of the conditions herein before described in (b)
apply), without liability on the part of the fiduciary to see to the application of such property.
This provision shall not in any way operate to suspend such beneficiary's absolute ownership of
such property or to prevent the absolute vesting thereof in such beneficiary.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day
of ~~ , 1998.
~D~-'~~~~`v'l ~~'~,` ~~~.d(,~'`-~` SEAL
( )
Robert M. Schar mg
-6-
Signed, sealed, published and declared by the above named ROBERT M. SCHARDING
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 above written.
,;~ Residing at ,3~3 Oaf .~ dl ~~~
(.~/ Residing at
~~~ Residing at
-~-
COMMONWEALTH OF PENNSYLVANIA
~-~- ss.
COUNTY OF ~ v
~,
We, ROBERT M. SCHARDING, the testator, and ( ~_ -, i`ce' ~~~'
~ __- ~
•'~
~~
~~ ~ _~L~ I,~ ~ `~~ ~ ~ and . `, `',,~ ~ -_, the witnesses,
,\ ,
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.
Jti; ~
Robert M. Schrading
~rv~
`~ ~ Witness
~ Witness
itne
Subscribed, sworn to and acknowledged before me by ROB ~ RT M, S ~ IEIA ING the
testator, and subscribed end sworn to before me by •- _ !~_~ ' ' ~
--~~ ~~~-~y~ ~ . ~ ~C;~.~ `c"~` and ~ ;~
-~, _ r ~- ~_ witnesses, this . , day of
~r ~ ~ j
~~e ~~~.~~ ~~ 1998.
~'.
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C--AIry ublic / " T`
~,,
My Commission Expires:
(SEAL)
Janine M. O'leary, Notary Public
My Comm ss~i n~ ExpiPes July 29 2002
Member, Pennsylvania Association of Notaries
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HBG1; 99920-1