HomeMy WebLinkAbout03-30-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of DALE F. SHUGHART JR
also known as
COUNTY, PENNSYLVANIA
File Number 21-10 ~~~
,Deceased Social Security Number 200-36-1646
LAURA A. WILLIAMS and HAMILTON C. DAVIS
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 Executors named in the
last Will of the Decedent, dated 12/21/2000 and codicil(s) dated
State relevant circumstances, e.g., renunciation, 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
app ica e, en er. c..a.; . n.c..a.; pe en e ~ e; uran e a sen ~a; uran m~non a
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (/f
Administration, c. t. a. or d. b. n. c. t. a., enter date of ill in Section A above and complete list of heirs.)
Name Relationship Residence C~ ~~
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(COMPLETE /N ALL CASES:) Attach additional sheets if necessary. :~ ~ ~- • =% C~..:
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~
25 Rolling Drive, Carlisle (Borough of Carlisle), PA 17013
(List street address, town/city, township, county, state, zip code)
Decedent, then ~_ years of age, died on 03/23/2010 at 25 Rolling Drive, Carlisle, PA 17013
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $
(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:
Signature Typed or printed name and residence
~ ~~ LAURA A. WILLIAMS 1736 18th Street NW
~~ Washington, DC 20009
~ I HAMILTON C. DAVIS P O BOX 40
~--`_ Shippensburg, PA 17257
Form IRIA/-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
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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 Decedents Petitioner(s) will well and truly
administer the estate according to law. ,' ~ n
Sworn to or affirmed and subscribed
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before me this O ~ day of
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For the Register
Signature of Personal
of
RA A. WILLIAMS
HAMILTON C. DAVIS
Signature of Personal Representative ~,,. --,-.
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File Number: _ 21-10 - ('~ ` a ~ :.'_'' ~ ~_' ~, ` .- `-__'
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Estate of DALE F. SHUGHART JR '.~ ~ -" `~ -~ `~
Dece>~~ ~ •
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Social Security Number: 200-36-1646 Date of Death: 03/23/2010
AND NOW, ~'1 ~ C`~l C.~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to LAURA A. WILLIAMS and HA ILTON C DAVIS
in the above estate
and that the instrument(s) dated 12/21/2009
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES
Letters ...............................
Short Certificate(s) ..............
$ `~'~~OO
Renunciation(s) ............................ $
1~~L~ $ I~•vc~
ACS $c~3..~Z~
TOTAL ..................
$ ~~ ~j, ~~
At1
At1
Supreme Court I.D. No.: 10264
Zullinger-Davis, PC
Address: P.O. BOX 40
Shippensburg, PA
Telephone: 717-532-5713
Form RIIV-Q2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
LAST SPILL AND TESTAL~NT OF
DALE F. 3HUGHART, JR.
I, Dale F. Shughart, Jr., of the Borough of Carlisle,
Cumberland County, Pennsylvania, declare this to be my last Will
and Testament and revoke all Wills and Codicils previously made
by me.
ITEM I: I direct that my legally enforceable debts and
funeral expenses, together with the expenses of the
administration of my estate, shall be paid from my residuary
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estate as soon as practicable after my decease, as a p of tie -_~:_° ~~~=;
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expense of the administration of my estate . ~ `_ +~~ ~ t~'_ '
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ITEM II: I direct that my three children, Stephar~:~~,
Sellers, Michael A. Foreman and Laura A. Williams use t~eu = ~ _.~`~
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services of Hoffman-Roth Funeral Home to arrange cremation of iii
remains, and that the ashes be delivered to my three children for
disposition in accordance with separate instructions provided to
them in that regard.
ITEM III: I bequeath my membership in the Old Towne Run
Mountain Lodge unto my son, Michael A. Foreman. Should my said
son predecease me, I bequeath the said membership unto my
grandson, Jack A. Foreman.
ITEM IV: I bequeath all of my tangible personal property
(excluding cash on hand, business supplies and equipment used by
me in my law practice, client files and business records (see
Item IX hereof), any motor vehicles I may own at the time of my
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death, tangible personal property located at cabin (see Item V
hereof), and tangible evidences of intangible personal property),
including but not limited to all household goods, furniture and
furnishings (including those located at my law office), china,
silverware, jewelry and ornaments, works of art and pictures
(including those located at my law office), wearing apparel,
hunting and shooting gear, including my firearms, both rifles and
hand guns and related accessories, and all of my fishing rods,
reels, tackle and related gear, tools, equipment and personal
effects, together with any policies of insurance applicable
thereto, including any prepaid premiums, in equal shares, unto my
three children, Stephanie A. Sellers, Michael A. Foreman, and
Laura A. Williams (or the survivors of them, if any said children
shall predecease me) to divide among them as they shall agree in
as nearly equal shares as possible giving due regard for their
personal preferences. In this regard I note that many items of
furniture and furnishings located at my home at 25 Rolling Drive
are owned by my daughter, Laura, and I am storing them for her
because of the limited space available at her residence in
Washington, D.C. Laura shall advise Stephanie and Michael which
items are owned by her, and her designation of these items shall
not be subject to dispute.
ITEM V: I devise and bequeath unto my son, Michael A.
Foreman, my tract of mountain land, improved with a cottage known
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as 680 Mountain Road, Boiling Springs, Pennsylvania, situate in
South Middleton Township, Cumberland County, Pennsylvania, being
Cumberland County Tax Parcel No. 40-13-0126-024, containing 15.94
acres, more or less, together with all tangible personal property
located on the premises, provided he shall survive me by thirty
(30) days.
ITEM VI: I bequeath unto my daughter, Laura A. Williams, a
sum of money equal to the value of my devise and bequeath of my
ownership interest in the real and personal property at 680
Mountain Road, Boiling Springs, Pennsylvania, unto my son,
Michael A. Foreman. The value of my real property, aforesaid,
shall conclusively be determined by multiplying the then
applicable assessed market value of the premises as reflected on
the Cumberland County, Pennsylvania, Tax Assessment Records,
multiplied by the then applicable common level ration as
determined by the Pennsylvania Department of Revenue. The value
of my personal property shall be conclusively determined based
upon its appraised value, as determined by a qualified personal
property appraiser selected by my Executor, Hamilton C. Davis,
Esquire, or my successor Executor, Nathan C. Wolf, Esquire.
ITEM VII: I bequeath the sum of Ten Thousand ($10,000.00)
Dollars, each, to my grandchildren who shall survive me by thirty
(30) days. I currently have three grandchildren, Riley A.
Foreman, Jack A. Foreman, and Nicolas H. Williams. If any of
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these bequests pass to a minor, which shall be defined as anyone
living under the age of twenty-three (23) years at the time of
vesting, and with respect to which I am authorized to appoint a
Guardian and have not otherwise specifically done so, I decline
to appoint a Guardian but instead authorize and direct my
Executor to distribute such property to the then living parents
of such minor grandchildren, as custodians under the Uniform
Transfers to Minors Act of Pennsylvania (PaUTMA) until such
grandchild reaches the age of twenty-three (23) years. It is my
intention that these funds be utilized in their entirety by the
parents of the minor grandchildren to assist in the payment of
the educational expenses of my said grandchildren, including but
not limited to a college education.
ITEM VIII: I devise and bequeath the rest, residue and
remainder of my Estate, of every nature and wherever situate, in
equal shares unto my three children, Stephanie A. Sellers,
Michael A. Foreman and Laura A. Williams, provided, however, that
the share of any of my said children who shall predecease me or
die on or before the thirtieth day following my death shall be
distributed to her or his issue, per stirpes, living on the
thirty-first day following my death and in default of such then
living issue, such share shall be added to the shares for my
other children, or if either or both of them is also then
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deceased, unto her or his issue, per stirpes, living on the
thirty-first day following my death.
ITEM IX: I designate my friend and colleague, Hamilton C.
Davis, Esquire, as conservator/trustee of my professional
practice as an attorney at law. My said conservator/trustee
shall have full authority to continue to operate my legal
practice following my death, and to transfer all files, accounts
receivable, work in process, and documents in my possession unto
himself or unto another licensed attorney for proper completion
and disposition thereof in accordance with the duties and
responsibilities of a licensed attorney at law. I direct that my
said conservator/trustee shall transfer unto himself all of my
right, title and interest in my client Trust accounts and in my
client safe deposit boxes at Orrstown Bank, Stonehedge Branch,
Carlisle, PA, and shall be responsible to notify all persons for
whom I have possession sums of money in my Trust accounts and/or
of documents located within that safe deposit box of the change
in custodianship of those funds and/or records. It is my
intention that, to the maximum extent possible, all of my client
files, records, etc., shall be transferred unto my
conservator/trustee, Hamilton C. Davis, Esquire, and that he
alone shall have full discretion to determine to what extent, if
any, such documents have value for which compensation is due and
owing unto my Estate. Should my friend and colleague,
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Hamilton C. Davis, Esquire, be unable to assume the
responsibilities of conservator/trustee as provided in this Item
IX of this my Last Will and Testament, I designate my friend and
colleague, Nathan C. Wolf, Esquire as successor
conservator/trustee with all rights, duties and responsibilities,
hereinabove granted unto Hamilton C. Davis, Esquire, including,
but not limited to assuming ownership of and responsibility for
client records and documents, as set forth above, and determining
of their value, if any. My conservator/trustee and successor
conservator/trustee shall be compensated by my Estate for their
efforts in regard to the closure and transfer of my law practice
at their prevailing hourly rate charged at the time such services
are provided, and they shall be solely entitled to any fees
generated for work performed by them for any and all of the
clients I represented at my death who may decide to utilize
continuing services of my said conservators/trustees for
performance of legal services after my death.
ITEM X: All Federal, State and other death taxes payable
because of my death, with respect to the property forming my
gross Estate for tax purposes, whether passing under this Will or
otherwise, including any interest or penalty imposed in
connection with such taxes, such be considered a part of the
expense of the administration of my Estate and shall be paid out
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of the principal of my Residuary Estate without apportionment or
right of reimbursement.
ITEM XI: I appoint my daughter, Laura A. Williams, and my
friend and colleague, Hamilton C. Davis, Esquire, co-Executors of
this my Last Will and Testament. I direct that my daughter,
Laura A. Williams, shall be paid an Executor's commission based
upon normal percentages charged by Executors as set forth in the
case known as Johnson Estate. I direct that my Executor,
Hamilton C. Davis, shall be paid for his services rendered to my
Estate as both Executor and attorney based upon his prevailing
hourly rate and time involved for all services rendered, in
either or both capacities, hereby noting unto my beneficiaries
that the time and expertise involved in handling the
administration of my Estate will undoubtedly exceed the
percentages frequently used in calculating a single commission
when serving as both Executor and Attorney. Should my daughter,
Laura A. Williams, fail to qualify or cease to act as Executor, I
appoint my daughter, Stephanie A. Sellers, and my son, Michael A.
Foreman, successor Executors of this my Last Will and Testament.
Should Hamilton C. Davis, Esquire, fail to qualify or cease to
act as Executor, I appoint Nathan C. Wolf, Esquire, successor
Executor and attorney of my Last Will and Testament.
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ITEM XII: I direct that my personal representatives, as
well as their successors, shall not be required to give bond for
the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal,
this ,~~'~ day of December, 2009.
~ [ SEAL ]
Dale S u a t, Jr.
The preceding instrument, consisting of this and seven (7)
other typewritten pages, each identified by the signature of the
Testator, was on the date thereof, signed, published and declared
by Dale F. Shughart, Jr., the Testator therein named, as and for
his last Will, in the presence of us, who, at his request, in his
presence and in the presence of each other, have subscribed our
names as witnesses hereto. ~
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, Dale F. Shughart, Jr., Nicole H. Mau, and Stacy B. Wolf,
the Testator and the witnesses, respectively, whose names are
signed to the 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 and that he
had signed willingly, and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testator,
signed the Will as witness and that to the best of his/her
knowledge the Testator was at that time eighteen years of age or
older, of sound mind and under
Subscribed, sworn to and acknowledged before me by
Dale F. Shughart, Jr., the Testator, and subscribed and sworn to
bef ~e me by Nicole H. Mau and Stacy B. Wolf, witnesses, this
1~' day of December, 2009.
NOTARIAL SEAL
BONNIE L. COYLE, NOTARY PUBLIC
BORO OF CARLISLE, CUMBERLAND CO. PA
MY COMMISSION EXPIRES OCTOBER 17, 2010
Notary ublic
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