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01-27-10
PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Lillian A. Scheaffer COUNTY, PENNSYLVANIA File Number 21-- ~~ '~ I also known as ,Deceased Social Security Number 317-09-3415 Janice L. Scheaffer Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or '8' BELOW.) ^X 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 04/19/2005 and codicil(s) dated State relevant circumstances, e.g., renunciatan, death of executor, etc. 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 a Ica e, enter: c..a.; ..n.c.t.a.; pe ante e; urante a en ~a; urante mnaMate Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any)© heirs: (If Administrabon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) t7 _~ _ _. C0 o i ~ C.. Name Relationship Residence ~`~ ~.';_ '_-; n _ ~ , 4'W rn N _ _- --i ....t . ..' ' i 7 t rJ ~~ _ ~ _ ~, :'~` _ ' N i C3 (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 5 Amherst Drive, Camp Hill, Lower Allen Township, Cumberland, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 92 years of age, died on 01 /05/2010 at 5 Amherst Drive Decedent at death owned property with estimated values as follows: (If domiciled in PA) (if not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal properly in County situated as follows: 75,000.00 $ 200,000.00 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: Signature Typed or printed name and residence Janice L. Scheaffer 862 Country Club Road ~ ~ /' p ~ Camp Hill, PA 17011 Rev. f0-132006 Copyright (c) 2006 form software only The Lackner Group, Inc. 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, 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 this ,~./, /~~/t day of Si~~ature of Persbrta/ Representative ~~ice L. Scheaffer N U n o ;' ~~ ~ ~~;.' s-.. Signature of Personal Representative r `r~t n ~ ~ _ ; ~~ ~ f~7-t N r- , ,.a ~ ...,i _.._ r.: i .rr- C/3 Signature of Personal Representative ''Q Fo a gister ;`? ~ "''~ ~ = s ~~ ~ I , f`J - , O File Number: 21-- - Estate of Lillian A. Scheaffer Deceased Social Security Number: 317-09-3415 Date of Death: 01/05/2010 AND NOW, ~ , ~Dl a , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREE at Letters Testamentary are hereby granted to Janice L. Scheaffer in the above estate and that the instrument(s) dated 04/19/2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ $ ~/ O• V U Short Certificate(s) ........................ $ 16.00 Renunciation(s) ............................. $ \aI~ $ I~, $ .~ $ ~i $ $ $ $ $ $ TOTAL .................................... $ 1'6VQ Att Att Hummelstown, PA 17036 Telephone: 7171533-3280 E-Mail: glj@jsdc.com Form R W-OZ Rev. 10-132006 Copyright (c) 2008 form software only The Lackner Group, Inc. Page 2 of 2 Sur, ~~ ~,., ...,.., . ,.......,.. James, Smith, Dietterick & Connelly, LLP Address: 134 Sipe Avenue 105.905 REV.(3/09) r ~~ a[ of the record which is on file in the Pennsylvania Department o e the in ~ccordanCe with This is to certify that this is a true copy the Vital Statistics Law of 1953, as amended. a Q - ~%a- Linda A. Caniglia State Registrar WARNING: It is illegal to duplicate this copy by photostat or photograph. 5380465 H1aSip3 f1EV 7,/Na8 TYPE / PRBpr w PERaU18pr BUCK nM ,. Nrr d f3.otead (Fret npdae, ~ ' A. s pv (ua elmaaY) 9 2 Yrs. M Mr. corps d Deu1 ~I Cumberland No. ~lAN 2 U 2p10 COMMONWEALTH OF OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH Date ($CQ 101lSfUCtlOllf irN1 e7ISITPIG6 OA T!VlrB!) STATE FILE NUMBEFI 2. Sr 3. Sadel San.ay Nrrbr !. Deb a Deem (Morph, aey, Rar) females 317 - 09 - 3415 Jan.5, 2010 a f f e r T o ,,,d,~, « r>< I'lero d Drm Cnra one r, umarl a D.b a elm Hrarac Wrn Dye Houe raw. Dec. 2, 1917 Gary, Indiana ^Irgaeea ^ER/aprm ^DDa ^Nrriq N«ne Rwaalr ^Wr«-BPaaly avea ana nu,m.q 3. wr 13r.d.nt d flbpenic WDin' ^ yr 10. wr: Anrrirrr I~ ep. anr. eao. Twp. a Gam ed Faaty Name (n na Irwpmn. WB IB Wa ,P, yy ~,~,, 1~» Lower Alien 5 Amherst Dr. Mndun,Pu«biTa~,ab.) hate ..r A.nraan Ne_ G na.len 1Z. Wr Gcedem ever In me 13. GceOenfe Edurtlm (Spedly a~aV NAlert Paaa ~•~•~ 1a. alaarl SWr: Marpad, Never Menba, 15. SuMVerp SDWaa (B wlb, BM irrr ,- WN1«wa. Divowad (Sb+dlY) I(pad Work 16tld8ueiner/IMrW _._,... own home 18. Grd«iya I~ Adbm (Strr1, d1Y /tnrM1 rar, ap ~•) 5 Amherst Dr. Camp Hill, PA 17011 IS FemeYa Nerro (Fret middle, btl, suB«) Thomas Serwatka 2oa laormenfe Name (TYPa / Pdrp Janice L. Scheaffer 21e. MNhod d DbPriY«I ^ Cmrrnan ^ Dorotl~ ~rrael ^ Remoer tmm Slw ~ ~r w~B...lmr/wr«n~n w M G Unr11o (« pe1f011 aCAnO Y allari U.S. Arrird Fonxs4 Ebrrrdpry / SawWary (P12) CaApe (1-p « &1 W i d O W e d ~'rr ^ No 1 psome°rs ~ r^ ~ A T 1 P n unad liniderice 7T.. smr D .,, ,ra n; a Live to a nc. ^ rr, Garf«p Lira a, r''f+. o TowrrlppT 17tl. ^ Na, Decederp LNed wimp leeway r•„mt,arland yv:watinpNd ~/8010 79. More Name (Feat ntlaae, martin eumame) Waldyslwa Zglinska zab. mfomarra NfliV Atlder ($b W, cpY / ham, errs, xq ooa) 862 Country Club Rd., Camp Hill, PA 17011 21 b. Dabd Obooatlan (Mach, aaY,Yrr) 41c.Placed DbprNm (Namedaxrrry•eerlWdY «am«p•~el Sld. l°ratlan lClrylrown, rar, ap coael Ira^vr^~ Jan.8,2010 Rolling Green Cemetery Camp Hi11,PA 17011 mb. Ueenr NuriO« rte. Nur aw carer a Peaty FD-013163-L Musselman FH&CS,Inc.,324 Hummel Ave.,Lemoyne,PA17043 eb nn1) Zib. L'pre NurtEer 7,ic. 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Dae I.rr. o • Tellr bard mY brwWOa,darb parntldwbdr oorarrlel rd nrprrr abrtl______________ 33c Licenr Nutb« • Pr«rot.r ara.r o.rnybo Pm~a° tPnyaaa° oan Pr«~.+dnA erm ra rrwrra b e..e a aeMm ^ ~3 3 ` / (p / O daatlr OC,erd a iM tlma, dab, aM P~ and drb Nn nuaga) and manrr u BrIM_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tour her a cry rlowf.aoN • IltecY EatapllarlCororrr detln pa«rrndtlihelrne,dab, teM P~••and dud btlr ruae(a)a«I ar«rrgatab4 ^ 3p.NVnaWMBre1a/Pa~ean W~lro~Gmplatetl Gur dp~Mhp(~~e~Y'/i~ `~- Dnlhebaabrararlw«l and/o, Ip,rByaa«r~rmy aplMOn, Jq'{n~tES ~ fT'~~• ".pgrr~ sar.°" g~bF~ 3a. Gb tM . dH, raa<, y ~7 6 C, f7 7Y/Rl ~--- ~'7~ilC dt~ 7~~} '/ i ~.~ ~i ~ ~I r I~ I ~~G ..-taxi o f3laPoae°nPonnpNO. ~ `/333a'l6 ~„3 C © N ca c _~-~ ~ ,~~ ~ c~ r k ~- ,,- ~ ~ -: I i Z~ N -;-` n :_, (~ ~ ~ ,'~ M i i v ~ , -~ ~ , o ,; 20 LAST WILL AND TESTAMENT OF LILLIAN A. SCHEAFFER I, LILLIAN A. SCHEAFFER, having my legal residence at 5 Amherst Drive, Camp Hill, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE I declare that I am not married. C 0 ~~ fT?-n `t ARTICLE TWO _ E.._.~rrs ~'' ~ -' L.{~~ I have two children whose name and birth dates are as follows: ~ ` ~ : , ~ ---r Names Birth Dates : JOHN E. SCHEAFFER December 29 , 1947 JANICE L. SCHEAFFER July 1, 1951 ARTICLE THREE ~-,; s N c - Z7 n3 _ -_ na . - -; I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently maybe done. ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon, in equal shares, to my children or their issue, per stirpes, provided they survive me by thirty (30) days, to be divided among them as they are able to agree. If my children or their issue fail to survive me by thirty (30) days or are unable to agree as to distribution, such items shall be sold and the proceeds distributed with the residue of my estate. ARTICLE FIVE I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, in equal shares, to my children, JOHN E. SCHEAFFER and JANICE L. SCHEAFFER, provided they survive me by thirty (30) days. If JOHN E. SCHEAFFER fails to survive me by thirty (30) days, his share shall be held in trust with income payable to JANICE L. SCHEAFFER for her lifetime and distributions of principal in her discretion. If JANICE L. SCHEAFFER fails to survive me by thirty (30) days, her share shall be distributed to JOHN E. SCHEAFFER outright, free of trust. At the death of the survivor of JOHN E. SCHEAFFER and JANICE L. SCHEAFFER, my estate or the balance of any trust estate created under this Will shall pass, in equal shares, to the issue of JOHN E. SCHEAFFER, per stirpes. ARTICLE SIX If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either 2 directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE SEVEN No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE EIGHT Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IRA assets. ARTICLE NINE I appoint my daughter, JANICE L. SCHEAFFER, as Trustee of any trusts created under Article Five of this Will. ARTICLE TEN I appoint my daughter, JANICE L. SCHEAFFER, as Executor of my Will. If she is unable or unwilling to serve, I appoint my son, JOHN E. SCHEAFFER, as Executor of my Will. If he is 3 unable or unwilling to serve, I appoint my grandson, JOHN M. SCHEAFFER, as Executor of my Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court.: 1 • To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. 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; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control, repair and improve all real property; 4 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; 9• To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, care, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; and 1 1. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. 5 ARTICLE ELEVEN I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable mterest as part of the marital deduction, selecting alternate valuation dates, postponin g the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not sub'ect to J question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by rn Y survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. ARTICLE TWELVE I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the prope rtY constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment 6 thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNESS WHEREOF I ha q~ ve at Hershey, Pennsylvania, this ~( day of 2005, set my hand and seal to this my Last Will and Testament, consisting of seven (7) pages. ~. ~~(.~_. , LILLIAN A. SCHE ER SIGNED, SEALED, PUBLISHED and DECLARED by LILLIAN A. SCHEAFFER, 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 presence of each other, have hereunto subscribed our names as witnesses. Residence ~' ~ /JC1J~' Residence C ~.~ ~ 703 7 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, LILLIAN A. SCHEAFFER, ~~ ~ ~~ .~rYV1 ~~ and ~-~~~ •~ r~ 1~,~„Q,, Testatrix and witnesses, respectively, whose names are si ed to the attached and 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 had signed willingly, and that she executed it as her free and voluntary act for the purpose 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 his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. .~~ TESTA RIX . ~,~ ~ , WITNESS C. WITNESS Subscribed and sworn to and acknowledged before me by LILLIAN A. SCHEAFFER, the Testatrix, and subscribed and sworn to before me b ~ C y ~ ~- and - ,witnesses, on this J~y of 2005. ~- ~ ~ otary Public ~~~ Ct'"9 '1 ~. ~ '; , .. _`~; eyr }i Zile r Membes', ~~ ,r , ;,~ a c . r ~ jr rl~tarie~~