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HomeMy WebLinkAbout12-09-10COMMONWEALTH OF PENNSYLVANIA, ss: COUNTY OF PERRY I, KATHY A. MORROW, President Judge of the Common Pleas Court of Perry County, in the Orphan's Court Division, DO CERTIFY, that the foregoing Certificate and Attestation made by WENDY M. VVELFLEY, Register of Wills and Clerk of Orphan's Court Division, whose name is thereto subscribed and seal of said Court affixes, are in due form and made by the proper officer. IN TESTIMONY WHEREOF, I have hereunto set my hand, this 12th day of November A.D. 2010. ',-~ • ~ dye/ Pres' ent Judge, Common Pleas Court of Perry County, in Orphan's Court Division COUNTY OF PERRY, - -'~INSYLVANIA, na m ~-rt r~ cam. `:'~ ~ ~~ t0 ~j ~ ss: ~, s d ~:h 3. I, WENDY M. WELFLEY, Register of Wills and Clerk of Orphans' Court Division of the Common Pleas of Perry County, DO CERTIFY, that the Honorable KATHY A. MORROW, by whom the foregoing Attestation was made, and who has hereunto subscribed his name, was at the time of making thereof, and still is President Judge of the Court of Common Pleas of Perry County, in Orphans' Court Division, duly commissioned and sworn to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, this 12~ day of November A.D. 2010. Register of Wi~ and Division of the omn County ilc of the Pleas Cc . - ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY ~ ss: Register's Office -November 12th, 2010 I, Wendy M. Welfley, Register of Wills and Clerk of the Orphans' Court for the County of Perry, in the Commonwealth of Pennsylvania, do hereby certify the foregoing to be a full and perfect copy of 1. Last Will & Testament of Christine Mathna 2. Petition for Probate and Grant of Letters 3. Oath of Subscribing Witness of Kevin Hortens 4. Oath of Subscribing Witness Marion Fluchere 5. Certificate of Grant of Letters as the same remains on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal at New Bloomfield, the date above. f. cars ala~ma be construed as referring to this Last Will and Testament only. I, Christine Mathna, a resident of the Commonwealth of Pennsylvania and County of Perry; and being of sound mind, do hereby make, publish and declare this to be my Last W~71 and Testament, thereby, revoking and making null and void any and all other Last Wills and Testaments and/or Codicils to Last Wills and Testaments heretofore made by me. All references herein to this watt ~t,an FAMILY CLAUSE At the time of executing this Last Will and Testament, I am unmarried. I have no children RESIDENCY CLAUSE 470t6B3~OC.doc Having in mind the possibility that I may tempararily reside outside oaf, or simply be absent from the Commonwealth of Pennsylvania and County of perry, at the time of my deafly I elect and hereby declare that this WiII and each and every disposition and provision contained herein shall be construed and regulated by and in accordance with the laws of said Commonwealth of Pennsylvania. It is my desire that this Will be probated in the Commonwealth of Pennsylvania, my place of domicile, and that the principal administration of my Estate be made in said Commonwealth of PeYUtsyIvania and that none of the assets of my Estate which may be found in my place of domicile, be remitted to any other jurisdiction for administration ar distribution Page 1 of my Last Will and Testament (Signature} DEBT CLAUSE I direct that the executor named pursuant to this Last Will and Tit review (as soon after my death as practical) all of my just debts and obligations, including funeral expenses and the expenses incident to my Last illness; excepting those longterm debts secured by real or personal property which may be assumed by the Heir of such property, unless such assumption is prohibited by law or upon agreement by the Heir. The executor shall pay these just debts only after the creditor provides sufficient evidence to support their claim. My executor shall pay out of my gross Estate, as if they were my debts, and without proration or appointment, all estate and inheritance taxes, by whatever name called; {including any interest due thereon) becoming Payable because of my death in respect to all property comprising my gross Estate for death tax purposes, whether or not such property Passes under this Last Will and Testament. I further direct that if any Heir or Heirs named in this Last Will and Testament should be indebted to me at the time of my death, and evidence of such indebtedness is provided or made available to the Executor of my Estate, then that share of my Estate which I give, devise, and bequeath to any and each such Heir shall be reduced in value by an amount equal to the proven indebtedness of such Heir ar Heirs, unless I have specifically provided in this Last WiII and Testament for the forbearance of such debt, or unless such Heir is the sole Principal Heir. COMMON DISASTER CLAUSE In the m'~t ~Y PrincipPal Heir and I shall both die in, or as a result of, a common accident or disaster, or under such circumstances that the order of our deaths cannot be established by proof, then I direct that for purposes of this Last Will and Testament, such Principal Heir shall be deemed to have survived me. Page 2 of my Last Will and Testament ~C. fs~~e) PRINCIPAL DISTRIBUTION CLAUSE I give, devise, and bequeath to the persons named below (my "Principal Heirs"), if he or ahe, whichever the case may be, shall survive me, all of the residue and remainder of my gross Estate after payment of all my just debts, expenses, taxes, administration and specific bequests, if any, in the percentages set forth below. 1. Name: Meredith Schuler Relation: Sister Percentage: 10096 Incase such Principal Heir does not survive me, I direct that the share of my Estate which would have been given to such Principal Heir shall be distributed to: Matthew Schuler. SPECIFIC BEQUESTS I give, devise, and bequeath to the persons named below if he or she, whichever the case may be, shall survive me, the following items of property: 1. To my friend, Melvin Bornstein, I give: My building (lots 2 and 3 of the subdivision surveyed by Louis Harford, dated Sepben-ber 26, X07, known as project number 6-57-51), consisting of approximately 1.9 acres pot #2) and approximately 1.6 acres pot #3). If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predec~sed Heir under this Last Will and Testament shall be distributed to: Meredith Schuler. 2. To my niece, Julia Schuler, I give: My tanzanite and diamond necklace and my two white gold, sapphire, and diamond rings. If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predeceased Heir under this Last Will and Testament shall be distributed to: Meredith Schuler. Page 3 of my Last Wi11 and Testament ~ ~'`~"`~ (S~~re) 3. To my friend, Carmen Bornsteity I give: My opera length Mikimoto cultured peazl necklace. If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predeceased Heir under this Last WiII and Testament shall be distrnl~uted to: Meredith Schuler. 4. To my friend/colleague, Toni Herbine-Blank, I give: Any pieces of my turquoise jewelry she chooses. If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predeceased Heir under this Last Will and Testament shall be distributed to: Meredith Schuler. 5. To my friend, Joanne Pinaire, I give: My dog, Hari. If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predec~sed Heir under this Last Will and Testament shall be distributed to: Meredith Schuler. 6. To my friend, Joanne Pinaire, I give: My art collection (after Meredith Schuler chooses the pieces that she wants). If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predeceased Heir under this Last Will and Testament shall be distributed to: Meredith Schuler. 7. To my nephew, Christopher Schuler, I give: $5,000.00 dollars toward his purchase of a guitar and related equipment. If said Heir shall not survive me, then that share of my Estate which would have ordinarily been given to such predeceased Heir under this Last Will and Testament shall be distributed to: Meredith Schuler. Page 4 of my Last WiII and Testament (Sdgnature) EXECUTOR APPOINTMENT CLAUSE (A) I nominate, constitute and appoint my sister, Meredith Schuler, to be the Executor of my Estate. (B) If, for any reason, my first nominee Executor should fail to qualify or be unable or unwilling to acceptor to continue as the Executor of my Estate, I nominate, constitute and appoint my brother-in-law, Matthew Schuler, to be the Executor of my Estate. (C~ If for any reason, all of the nominees designated above in ~gz'aPbe (A) and (S) should fail to qualify or be unable or unwilling to accept or to continue as Executor of my Estate, I nominate, constitute and appoint my friend, Melvin Bornstein, ~ be the Executor of my Estate. EXECUTOR POWER OF APPOINTMENT CLAUSE (~-) All directives in this Will that use by reference the word Executor mean and include any Person named herein as my Executor (or personal representative, as may be defined under state law) and any person who may be acting in either capacity, at any time. Such person shall have broad and reasonable discretion under the directives of this my Last WiII and Testament with ~P~ ~ any property, real or personal, Ieft by or held by me, or acquired by my Executor on behalf of my Estate. (B) I wish my Executor to have broad and reasonable discretion in the administration of my Estafie, to have all of the powers permitted to be exercised by an Executor under state law, and to be able to do everything he or she deems advisable for the best interest of my Estate and the Heirs thereof, all without the necessity of court approval or supervision. I direct that my Executor perform all acts, take all such proceedings, and exercise all such rights and privileges. although not specificaIIy mentioned in this Will, with relation to any such property, as if the absolute owner thereof; and in connection therewith, to make, execute and deliver any instruments, and to enter into any covenants or agreements binding my Estate or any portion thereof. {~ No such person named in, or appointed in connection with this WiII in a fiduciazy capacity shall be required to file any bond or other security for the faithful performance of his or her duties as such fiduciary in any jurisdiction,; and if, despifie this directive, a bond should be required, I request that it be accepted without sureties and in a nominal cunt. Page 5 of my Last Will and Testament .$'~~ ~ ;~~~. (Signature) ESTABLISHMENT OF PET TRUST I give and bequeath the sum of $5,000.00 dollars to Joanne Pinaire as trustee pursuant to the probate laws of the Commonwealth of Pennsylvania, as applicable to the establishment of a trust for the care and maintenance of family pets or other animals. Should such law not exist, I give and bequeath the sum above to the t=astes above to beheld in an honorary or other trust established according to the laws o~# the Commonwealth of Pennsylvania. If Joanne Pinaire is unable or unwilling to serve, then Meredith Schuler shall serve as the alternate. The trustee shall apply as much of the net income and principal of this trust as the trustee determines in his or her sole discretion to be necessary or appropriate for the lifetime care and maintenance of any animals that I may own at the time of my death. After the death oaf all such animals, or at such tune as the trust terminates or fa~7s for any reason, any property remaining ~ this trust shaft be distributed to my Principal Heir(s). fictions reQardin¢ the careTts Please use Dr. Pat Whittaker, (717) 697-9543. NON LIABILITY OF FIDUCIARIES Any fiduciary, including my Executor and any trustee, who in good faith endeavor to carry out the provisions of this Last Will and Testament, shall not be liable to me, my Estate, or my heirs, for any damages or claims arising because of theca actions or inactions based on this Last Will and Testament. My Estate shall indemnify and hold them harmless. SAVING CLAUSE If a court of competent jurisdiction shall at any time invalidate or find unenforceable any provision oaf this Will, such invalidation shall not be construed as invalidating the whole of this WiII. All of the remaining provisions shall be undisturbed as to their legal force and effect. If a court finds that an invalidated or unenfonceable provision would become valid if it is limited, then such provision shall be deemed to be written, deemed, construed and enforced as so limited. Page 6 of my Last Will and Testament ~'~^~.. (~~) TN WI'TIVESS WHEREOF, I, the undersigned Testator, declare that I sign and execute this instrument an the date written below as my Last Will and Testament and further declare mat I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in this document and that I am eighteen years of ague or older, of sound mend and under no constraint or undue influence. /1' ~t.~ (Signature of ChtisEine Mattma) ~lv: ~ a~ ' 3 ~ ' ° K5~ Date: _ / U • l ~ • z d`d' Q Page 7 of my Last Will and Testament ~~~~ ~~ (Signature) • . Y A77'ESTATION CLAUSE This Last Will and Testament, which has been separately signed by Christine Mathna, the Testator, was signed, executed and declazed by the above named Testator as his or her Last Will and Testament in the presence of each of us. We, in the presence of the Testator and each other, under penalty of herby ~~be our names as witnesses to the declaration and execution~of the, Last WEI and Testament by the Testator, and we declare that, to the best of our knowledge, said Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. 1. '~~) Date: l 0 ~ ~_ 2. j Date: ~~ Q 3. (Signature of with Dube: ~ e !l f/ 'Vii B' ~+l~~~W' (Print Name) (Adams} ~-1aa~T ,©,~ i 7n 7fi (city, State, (Print Name) ~~ @~~~ (Addre~) ~di,.~~¢ ! 045/ (~. ~~, ~ ~~-R. foN ~tV[.~'-a (Print Name) X21 ~ fc i rt<~_ }~ (Address} ~sll 1 ~ 1 (City, Stake, Z Page 8 of my Last Will and Testament w ~~~! ~t~)~ PETITION FOR PROEATE AND GRANT OF LE1TEItS REQISTER OF WILLS OF COUNTY, PENNSYLVANIA gaf~n{ CHRicTTN MATHNA aLo ]mown ea '~- ~ Ntwiber 'D0000"0d Sooiel9ewiityNum~ar~b.32Q450 PettBooer(s~ who L/.e la i"dra of age a older. ~~Y(L+) ~ . f~.i[ZE A'atla T~j ® A. helala anti t3ent adLalhn T~ end aver that laetWiilof>tieDeoedeotdeted ]~~/12/2p~g Pe~anata)ia/ansthe EXECUTRIX tatotediathe end eodicil(a) d~ ~ ~ilovra, Daoedeat did not /s~aer>~ R~' marry. w~ not divaoed, end did aart have a mild born eloped aver eaeeoudm of the iior probate, was not the vletim of a ta71o~ and vvae never adjudicated as tea) offered lacepedtrle,d peraoo: ^ 8 avast a[LaMare a[AiirLLtrafLr (~aPP~+vb/i ate: ace; db.a.ata; Po~aae bNr, P~h10n01(s) eti0r a draaMt °~ ~rnwt aet~erilaa~ pmpa~ aemdh hie / have ecertaiaod that D hdt no Will +md wu Adetorti eta or db.~cata, r>wa~ darn of 1itP1l bt Serxtooe.! abovs mdcoa~sh !trr ofArbzl~ ~ i i~ ~ff~4Y) and heirs;(f/' YY Decedent wai doaticiied a< death in PERRY Comay tlh ~ylreoL hi . . W ~~0~'a0N1~b' m""'~•~1+wRagvcady ~~ 7.70?4 Jl1 e /her Let MTbTa YP y rn~~nT.. ~ ~`-~' ~"Ofa®°'~0° at1fER R ESIDEN c a;aaa CRE~t~ aw Decedent a death owned property vrith p4m~Od mum d fopowa: _ T (Ildominled in PA) ~ (lftwtdomia(adinPA) S ~ 900,ajnn nn p~OOm~~ia afnotdamidted®PA) . s Vahte corral eeteee to Pautaylvama Peter ~y m ~Y s Real Estate located fn Perry County and ,~~~~~: Pennsyl~ania- Cuirbtarland Countyo,~od d0 on ^ p°~0°~) ' 1e9~(a) tie pro6am ofths Let Will ad CediatKsj paeat,d vr6h dJe Fedtlon and the semtoflaueia l tL e sa~pmpduefnrmto ~e ~y'Ped a prialsd ~;, ~ MEREDITH SCHkJLER eaos end m~idesee Fanf~rR1I-02 rsv.lk/3.06 P~ 1 Oft Oath of Personal Representative co~toNVV~,LTx of ~NSYI.vaNr~ ss CWNrYOF PERRY ~° °~ ~O~'°'°'~ °"'~'G) a a~rm(e) that die ata~eota in tLe . ~ ~owiadRe and be}i~olP~eohionae(,),od that, a, p~ Fetiden ero trns and oerraot oe the bat ai* ~ermstive(s) of the Decedent, FafmO,oee,c+) w~;n.vau eoa crn~, . admhdsoar the ardee ecocrdioa.to }~, sworn m a m0 the ,~a.:. ~' ~ ~+eaerr ~PoyweQtl~pngp~ T Qfp+raanolR • _ - ~4f'PQ+mafR~ptsnyee~ G! e V • ~ Fie Numba_ ~rr. '8+#oOeofSNRTtTrNc MATHNA . Dsoessed SocLl3eaaltyNnmber: 2ll6~2Q450 Date ofDeath: 4 /3/2Q D 9 ~8 bey Wpeaeoied be8ore . in aoosidmatIoa of the iix~oing Pefitioq ae~iic~oty P~ ~, II' Is DBCRHP.D that I.eto~s ne hereby ~raoted to and Chet the im4nuoeoe(a) debd in the eeteb destaibed in the Petitlon be admittad ~ 1>~e and filed ofrecord as the but Will (and , . )) o~Decedeot. liR1f'$ n i-~ Lepers ............................. $ Short Certil3cate(s) ............ t Rea~mciaboo(s) ................ S S .... S .... S .... s .... a .... ~_ -_ s ..... .... s Attorney Name: Supreme Court I.D. Na: ~33~ 5 Addroas: P.2i7 MARKET rTaEET ~IEIiPORT -~ _ ~ _.. S T 3. ]e75 67~1aq y y .ry~.~..* l V li~L~ .... a G 7!~ /~+'1 ~: [x~"1 ,~+ I~ ri C ~ C I~+ t i /~i'' [rl 4=1 Z r.... ~ Ti' V5 ~ G: r,. C.:, M I U .-, -y /~`' ~y W .Z _ J n1 Cw) • ,' • r,~ r A• ~. -~: a ~ F 1. yr G G yl M ' "..,i `` i ,--. [ \ 1 !' G~'~.C ~. m [7 CY 3> X a::ir t] ti T• ~ F r5 A[ ,~-., T, c.. p ~ ~` . l.+. wt ~5 ~ H =• r".- x [.. Sir v. C" ~ "r ~ m --r 2 4'Y 7.: L[1 O Gi ~ - ~ '+ .[".+ frn «-. ~' rl ,w ,. ? r- ~ Q ~} V C ry ~j [~.~~ p ~ Z -, Vi ~ x) R fr, r'r'1 -.[ n- L*^. l+i l T: e, TI 1n ~ t m ~• ~~++..,, E nti 4i : ^ ^'+ n' ~ 4.~ ~ ~ m « [~j ~) ~ [v; a z ' ~ µ ~ ~ 7n -~ V, •.z-.. b x FannRA~J net. la,13.06 m r- . . . --. .o y ~ m ~ ~. ~~ ;;~ ~ ~ ~ 3: C~ ~ ~ « ~~ µ G H • ' C W .,~4 ' m .T, C.Y G d ~ j S 7 C ~ ~ ~ G ' } s C J - j ±:; C ) i OATS OF SUBSCRIBING WITNg,SS(ES) REC}ISTER OF WILLS Estate of COUNTY, PENNSYLVANIA KEVIN HORT NS the®Will ^Codicil s r~war.,~ . (each a subecn'bing witness to l) Pted herewith, (each) boiag duly quslifud according to law, depose(s) and say(s) that she / he / they was /were present and saw the above T and that she / he / aerator /Testatrix. sign, the same ~' the saa4e and that she / he /they signed as a witness at the request of the Testator / Testatrix in her /his pmesenoe and in the presence of each other. /Slswrila~rs~ slw~r, ~1 blt lg6Mar~r t~ Sworn to or affirmed and. subxrt'bod before me this ~, of --.~ . Deputy fm' Register of Wills NOTE: To b0lada by Oe3or ~Yoeiod b aaW. FanwRA'-03 ron. Id13.A6 b5tl~.r ROAD lSbrerAcNrrgl NEWPORT ps IUD: sww. ~J ~~~ p~ 3war~n to or affimted ~ ~~~ before me this _~_,s ~, of ~~ ~ 6 6 u ~'Y Public MY Commission ses; • ~ Sio,ar~a~~'~ cob~rraro..~ ~~ haw ~~~ ~1 ~~ of~0°0~~3~~NNSYLVANIA t1NDA d FWl, Nolary Pr1bYC He+~poR ~-~b ~ COldlgl Nar. 28, 2011 ~, . oA~ of susscitrBnvG wI~s~~ RF.GI3TER OF WILLS Estate of COUNTY, PENNSYLVANUi the®Will [~ Codicil(s) ~ ' ~°°~ $ aubec~tbing witness to ~ , (each) being duly qualified eccoading to law, .depose(s) and y(s) that she / he /they was /were present and ~saaw the above T and that she / he / estator / Testatruc sign the they' signed the same and that she / he /they signed as a witsiess a! the mYuest of the Testator /Testatrix in her /his presence and in the prese~x of each other. (Sd~earw+y (Snwrlaiarn~ fCeb. Sear.. 2i~1 ~f ~ Sworn to or affirmed sad subscribed before me this ~y of -.~~ . ~p~Y ~ Register of Wills NOTB: 7o be teloro 6y Oaf m off. Fw~nR1V-03 srr. IRI~06 J 3t71 R08INSON ROAD plrrreAaYsay .~_ ~~~J ~~ Oal~ ~~ 3wom to or atSirmed end subscribed before me this - '1 ~ day e of ~ 0 p V 1`t0[81'y Public V MY Commission Expires: a'~ ~ of~eo ~E~ae N ~y~~~ adrMoo.) Plwu ia*e pwreot me ~1 ~,~PY~~rtromai(a)ntf~sotaotv}~ey4, ~.I. "'-~'~' ~?ewAOrt 6aro~ Mo"t~y ~4c ~' REGISTER OF ~'II.LS Certificate of Grant of Letters Testamentary No. 5009-0046 ESTATE OF CHRISTINE MATHNA Social Security No: 206-32-0450 WHEREAS, on the 8th day of April, 2009 ' was ~~) admitted to mstrwnent(s) dacod October 12, 2008 Probate as the last will of CHRISTINE MATHAIIA, late of .1UNIATA TOWNSHIP, who died on the 3rd day ofApril, 2009 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania, hereb to Meredith Schuler, 153 Robinson Road, N Y certify that I have this day granted Executrix and has e1~'Port, PA 17074 who has duly qualified as a8ited to administer the estate according to law, all of which fully appears of record in my Office at New Bloomfield, Perry County, Pennsylvania. IN TESTIMONY •WHEREOF, I have herounto set my hand and atTixed the seal of my office the 8th day of April, 2009. t ` Register of Wil~s'~ ~~ ~ ~ .,