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Home My WebLink About03-31-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND - ------------------ Estate of Lester M. Shaak also known as COUNTY, PENNSYLVANIA File Number _ 21-10- Q~ ~ ,Deceased Social Security Number 180-05-6823 Stephen M. Shaak Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `B' BELOW.) QX A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executor named in the last Will of the Decedent, dated 07/23/1999 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: (J 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 a minors a e 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(If Administration, c. t. a. or d. b. n. c. t. a., enter date of ill in Section A above and complete list of heirs.) Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at Bethany Village, Mechanicsburg, Hampden Township, Cumberland, PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then 93 years of age, died on 01/03/2010 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 situated as follows: at Bethany Village, Mechanicsburg, Cumberland County, Pennsylvania All personal property $ Personal property in Pennsylvania $ Personal property in County $ 24,000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the rant of Letters in the appropriate form to the undersigned: 9 ignature Typed or printed name and residence Stephen M. Shaak 717-503-4886 Form rcev. 7u-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. 3802 Chippenham Road Mechanicsburg, PA 17050 ~ ~ ~ ~ a ~~xoo~ )pV ~Q x ~z~ a a~'~ ~~ov~w C7 N ~ ~~ U ~ ~~-~,~ ~~ ~ ~ ~~~ n~~ ~r~~~.~ rtuacn aootrronat sneers /r necessary. 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 f ~`,tl----- before me this ~Y day of ~~ ~--' ~ ~ ~! ~-,".Q For the Register .. File Number: 21-10- Estate of Lester M. Shaak Deceased Social Security Number: 180-05-6823• Date of Death: 01/03/2010 AND NOW, ~\'~~,ir`~.~r.._- ~(~ coo l ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, tT IS DECREED that Letters Testamentary are hereby granted to Stephen M. Shaak in the above estate and that the instrument(s) dated 07/23/1999 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... $ l~1 ~ ~ V V Short Certificate(s) ........................ $ 1-4 , Renunciation(s) ............................. $ ~ - L ~ $ I S, c5L7 11-~V~~D iMA~ 1 1~i~1 $ s ~ ~ $ $ $ $ $ $ TOTAL .................................. $ l C~`? ~~ lJ + 1 r Attorney Signature: Stephen M. Shaak Signature of Personal Representative Signature of Personal Representative Attorney Name: Amy M. Moya U Supreme Court I.D. No.: 91402 Law Offices of Susan E. Lederer Address: 5011 Locust Lane Harrisburg, PA 17109 Telephone: 717-652-7323 Form RW O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 o`~ WILL OF LESTER M. SHARK I, LESTER M. SHARK, of Harrisburg, Dauphin County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I. I give all my automobiles, and all other articles of personal and household use, together with all insurance relating thereto, to my sons, STEPHEN M. SHARK and GRAIG M. SHARK, share and share alike, per stirpes and not per capita, to be divided among them as they may agree or, in the absence of agreement as my executor may think appropriate; provided that articles which my executor considers unsuitable for any minor children may be sold and the proceeds thereof added to my residuary estate. My executor may, without further responsibility, distribute property passing to a minor under this article to the minor or to any person to hold for the minor. ITEM II. I give all the residue of my estate, real and personal, to my son, STEPHEN M. S!-IAAK and GRAIG M. SHARK, share and share alike, per stirpes and not per capita, provided that the share of any child who predeceases me or dies on or before the thirtieth day following my death shall be distributed to his issue per stirpes c-~ living on the thirty-first day following my death and in default of any such i-living ~ + ' ~~ __~ . ' ` 7 ~ C~ + + _ f _ ti ;. ~ r ~ r- °S7 7 issue such share shall be added to the share or shares for my other child. ' .:~ ~- _` s ~~ ~, _. .~ ~. -.., ~~ <. ..... : _ ; ~ _: ~ Page 1 of 5 Pages. ITEM III. No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. ITEM IV. All of my just debts and expenses owing at the time of my death and any debts arising from my death and burial shall be paid out of the principal of my residuary estate. ITEM V. All federal, state, and other death taxes payable on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my residuary estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. ITEM VI. I authorize my executor: A. to retain and to invest in all forms of real and personal property, regardless of (i) any limitations imposed by law on investments by executors or trustees, (ii) any principle of law concerning delegation of investment responsibility by executors or trustees, or (iii) any principle of law concerning investment diversification; B. to compromise claims and to abandon any property which, in my executor's opinion, is of little or no value; to borrow from, and to sell property to others, Page 2 of 5 Pages. and to pledge property as security for repayment of any funds borrowed; C. to sell at public or private sale, to exchange or to lease for any period of time any real or personal property, and to give options for sales or leases; D. to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; E. to use administrative or other expenses of my estate as income tax or estate tax deductions and to value my estate for tax purposes by any optional method permitted by the law in force when I die, without requiring adjustments between income and principal for any resulting effect on income or estate taxes; and F. to distribute IN KIND and to allocate specific assets among the beneficiaries in such proportions as my executor may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all real and personal property at any time held by my executor and shall continue in full force until the actual distribution of all such property. Page 3 of 5 Pages. All powers, authorities, and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without leave of court. ITEM VII. I appoint my son, STEPHEN M. SHAAK, executor under this will. Should my son, STEPHEN M. SHAAK, fail to qualify or cease to act as executor, I appoint my son, GRAIG M. SHAAK, executor under this will. No personal representative appointed hereunder shall be required to give bond or furnish sureties in any jurisdiction. ITEM IX. The term "executor" and "trustee" or any pronoun used to indicate the executor, trustee, any other fiduciary or any beneficiary shall be deemed to apply to one or more than one person or corporation and to the masculine, feminine or neuter gender as the case may be. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my last will, this ~-3 day of July, 1999. ~'~~~-C4~z ly! ~-(n-~,c~ (SEAL) LESTER M.SHAAK Page 4 of 5 Pages. SIGNED, SEALED, PUBLISHED, and DECLARED by the above testator, as and for his last will, in the presence of us, who thereupon at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. i 19273.1 Page 5 of 5 Pages. STATE OF PENNSYLVANIA ) ( ss: COUNTY OF DAUPHIN ) We, LESTER M. SHAAK, G. ~ and . L.+d~~ the test t _ a or and witnesses, respectively, w ose 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 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 our knowledge, the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. SUBSCRIBED, sworn to or affirmed, and acknowledged before me by the above-named testator and by the witnesses whose names appear above on 02 ~' , 1999. Notarial Seal Pubiic Deborah S. Boyer, Notary Harrisburg, auphm County My Commission Expires May B, 2000 Member, Pennsylvania Association of Notaries 19273.1