HomeMy WebLinkAbout04-11-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of James A. Shotsberger
also known as
COUNTY, PENNSYLVANIA
File Number 21 ~- f ~ -yS~
,Deceased Social Security Number 196-38-2701
Justin A. Shotsberger
Petitloner(s), who Is/are 18 years of age or older, apply(ies) for:
(COMPLETE ;4' or '8' BELOW.•)
^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the
last Will of the Decedent, dated 10/09/1997 and codicil(s) dated
State relevant circumstances, e.g., renunciation, death of executor, etc_
Affer the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding
wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
® B. Grant of Letters of Administration
(Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pedente life; durente absentia; durante minontate)
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 Will on Section A above and complete list of heirs); was not the victim of a killing; was never
adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as
provided in 23 Pa. C.S.A. § 3323 (g), except as follows: See Attached.
Name Relationship Residence
Justin A. Shotsberger Son 286 Sleepy Hollow Road
Mt. Lebanon, PA ~"' T,~
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. C'7 CJ *i ~ ~ - -ri
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principalr~'`s~nce at ~ . r'r'r
3943 Brookridge Drive, Mechanicsburg, Hampden Township, Cumberland, PA 17050 ~ tv ~ -ri
(List street address, town/city, township, county, state, zip code)
Decedent, then ~_ years of age, died on 03/23/2011 at Mechanicsburg, Hampden Township, Cumberland County PA
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: None
All personal property
Personal property in Pennsylvania
Personal property in County
50.000.00
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
Justin A. Shotsberger 286 Sleepy Hollow Road
Mt. Lebanon, PA 15228
(412)651-6658
Form RW-OY Rev. 12-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
} SS
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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 Decedent, Petitioner(s) will well and truly
administer the estate according to law. _,_...,
Sworn to or affirmed and subscribed
before me this ~ ~f ~ day of
~~~~ ~~_~ ..~~~~ i
For~e~ egister
Personal Representative Justin A. Shotsberger
Signature of Personal Representative ,,,_._ -:.- .
~~
~~ ^
~e .~~, ,.,_.,
Signature of Personal Representative ~'°i ,~ r•n --- - : -r i
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File Number:
21 ?' ~.'~% ~,
v~ ~
Estate of James A. Shotsberger , Deceasecl
Social Security Number: 196-38-2701 Date of Death: 03/23/2011
AND NOW, ~~ ~ ~ ~ ~ ~ ~ Q
~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Of Administration r ~.~'f'r
are hereby granted to JUStIn A. Shotsberaer
in the above estate
and that the instrument(s) dated 10/09/1997
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES
Letters .......................................... $ ~ll L~
Short Certificate(s)......
Renunciation(s)......L"~.~ .............. $ ~ U ~~
,~C^S $ ~ 3 ~~C
~(~~~Y1~1 Gl. ~~[,~~1 $ f~ - ~~~~
$
$
$
Register of Wills ~ .l fir, f~t/~C~~ V~-~f ~ `1
,~'°~~ r
Attorney Signature: ° ° ~,~ ~ .
Attorney Name: James D. BO ar
Supreme Court I.D. No.: .19475
Bogar & Hipp Law Offices
Address: One West Main Street
Shiremanstown, PA
$ Telephone
$
$
TOTAL ................................... $ I t~ ~ ~ ~~
(717) 737-8761
Form RW-02 Rev_ 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Pa e 2 of 2
9
Attachment
The Executrix named under the Last Will and Testament of James A. Shotsberger, same being
dated October 9, 1997, is Mary E. Shotsberger. At the time the Last Will and Testament of
James A. Shotsberger was written, Mary E. Shotsberger was married to James A. Shotsberger.
On October 19, 2010, a date subsequent to the Last Will and Testament of James A. Shotsberger,
Mary E. Shotsberger and James A. Shotsberger became divorced. The Divorce Decree is filed at
the Cumberland County Prothonotary's Office at Docket No. 2008-7527.
Based on the above, Mary E. Shotsberger is both disqualified as a residuary beneficiary and as
Executrix under the Last Will and Testament of James A. Shotsberger. See the Probate Estate
and Fiduciary Code, 20 Pa.C.S.A. § 2507 (2).
Maryann Snyder and Thomas C. Miller, named as alternate Executrix and alternate Executor,
respectively, have renounced their rights to serve as Executrix and Executor.
Justin A. Shotsberger, by virtue of the inability of Mary E. Shotsberger to receive a share as a
residuary beneficiary, is the sole residuary beneficiary under the Last Will and Testament of
James A. Shotsberger. Justin A. Shotsberger is the son and only child of James A. Shotsberger.
As the sole surviving heir and residuary beneficiary, Justin A. Shotsberger is qualified to serve as
the Personal Representative under the Last Will and Testament of James A. Shotsberger . See
the Probate Estate and Fiduciary Code, 20 Pa.C.S.A. § 3155.
105.805 REV (01/07)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 17296845
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
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Local Registrar Date Issued
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LAST WILL AND TESTAMENT ~~~
=~ = '-:art
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OF nO-" ~ !
JAMES A. SHOTSBERGER
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I, JAMES A. SHOTSBERGER, of Hampden Township, Cumber-
land County, Pennsylvania, make, publish and declare this as and
for my Last Will and Testament, hereby revoking all other Wills
and Codicils heretofore. made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, unto my wife, MARY
E. SHOTSBERGER, provided she survives me by sixty (60) days.
SECOND: Should my wife, MARY E. SHOTSBERGER, prede-
cease me or die on or before the sixty-first (61st) day following
my death, I devise and bequeath all the rest, residue and remain-
der of my estate of whatever nature and wherever situate, includ-
ing any property over which I hold power of appointment and
together with any insurance policies thereon, to my son, JUSTIN
A. SHOTSBERGER.
THIRD: Should JUSTIN A. SHOTSBERGER not have attained
the age of twenty-three (23) years at the time for distribution
to him, I give, devise and bequeath the share of JUSTIN A.
SHOTSBERGER to my hereinafter named Trustee or Trustees, IN
TRUST, to.hold, manage, invest and reinvest the share so
received, and to use and apply from time to time such portion of
income and principal for the said child's education (including
college, trade school or other similar training or education),
support and welfare as my Trustee or Trustees, in their sole
discretion, deem advisable. My Trustee or Trustees may make the
payments for the support and maintenance of my child directly to
said child or to my Guardian or Guardians, as hereinafter named,
as required. Any payments made by my Trustee or Trustees
pursuant hereto shall be made without further responsibility to
the said child, my Guardian or Guardians, or to any person taking
care of my child. The Trustee or Trustees, in exercising their
discretionary authority with respect to the payment of income or
principal of the within Trust to my child, shall take into
consideration any income or other resources available to my child
from sources outside this Trust. In addition, my hereinafter
named Trustee or Trustees shall have the right, in their sole
discretion, to purchase and pay for out of the principal, as well
as income, such insurance policies as will provide for the
minor's medical care.
Any income or principal not so applied shall be dis-
tributed to JUSTIN A. SHOTSBERGER when he attains the age of
twenty-three (23) years. In the event JUSTIN A. SHOTSBERGER dies
prior to the termination of this Trust, his interest in the Trust
shall cease with any income and principal being divided evenly
between or among his issue per stirpes by representation.
FOURTH: In addition to all powers granted to them by
law and by other provisions of this Wi11, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
2
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
(J) To make immediate payment for the support and
maintenance of my child to said child directly or to his Guardian
or Guardians as are deemed to be in the best interest of said
child.
FIFTH: I nominate and appoint my wife's sister,
MARYANN SNYDER, as Trustee of the hereinabove described trust.
In the event of the death, resignation or inability to serve for
any reason whatsoever of the said MARYANN SNYDER, I nominate and
appoint my wife's brother, THOMAS C. MILLER, as Trustee of the
hereinabove described trust. I direct that my Trustee shall
serve without bond and shall receive fair and reasonable
compensation.
3
SI$TH: Should my wife, MARY E. SHOTSBERGER, predecease
me, I nominate and appoint MARYANN SNYDER, as Guardian of the
person of my minor child. In the event of the death, resignation
or inability to serve for any reason whatsoever of the said
MARYANN SNYDER, I nominate 'and appoint THOMAS C. MILLER, as
Guardian of the person of my minor child.
BEVENTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
EIGHTH: I nominate and appoint my wife, MARY E.
SHOTSBERGER, Executrix of this, my Last Will and Testament.. In
the event of the death, resignation or inability to serve for any
reason whatsoever of the said MARY E. SHOTSBERGER, I nominate and
appoint MARYANN SNYDER, Executrix of this, my Last Will and
Testament. In the further event of the death, resignation or
inability to serve for any reason whatsoever of the said MARYANN
SNYDER, I nominate and appoint THOMAS C. MILLER, Executor of
this, my Last Will and Testament. I direct that my Executrix or
Executor, Trustee or Trustees, Guardian or Guardians, as the case
may be, and their successors, shall not.be required to post
security or a bond for the performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this ~ ~- day of
(~(~1v ~1.P.c-~. 19 9 7 .
(SEAL)
A. S OTSBE R
4
Signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
/U'70 .j/',GU-lA~t.X1~GCrr~c~ ~t~.a~-~~i~ l Q, ''-.
Address / °~ ~ ~~ ~~ 4 A
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Address
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RENUNCIATYON o c ~'~' ~ ~=-
A ~,~ `-~
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REGISTER OF WII..LS ~_
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of James A. Shotsberter
-- ------ --- ----- -- Deceased.
I, Maryann Snyder . in my capacitylrelationship as
(Pro~[Nar~
named Alternate Executrix of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully rec~est that Letters be issued to
Justin A.
!~)
5676 Willow Terrace Drive
(sb+aer~,)
Bethel Park, PA 15142
lam. ~ ~I
Executed in Register's O,~iee
Sworn to or affirmed and sr~cn'bed
before me this ~ ~ day
of .~, ~ I 1
Fxecuted out ofReglster's O,~ice
Before the undersigned personally appeared the
party executing this renunciation and certified
that he ecuted the reauucistion~r the
~rithin on this (o ` day
Deputy far .Register of Wills
Fw7n RfY-db nev 10.13.06
Notary P~lic
My Comanission Expires: -~ - 2'3 ' ~ /
(Si~aaae and Seal o~'Notary or otLar official gnalified m
admdniaox oqt~, Shaw dam of m~piaKian orf Nomys Camaniasioa.)
--,_` comet. h-~t (7F i"tNIV~
Maure Notarial Seal i'`tb
South c~ Wd1e"~hefe, Notary public
ly Co
mmassicri p. Alle9henY Coun
e"' Pen_ nSVly~ Expr-~;lulY?3 201
of
RENUNCIATION p
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REGISTER OF WILLS ~ ;; rn
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CUMBERLAND COUNTY, PENNSYLVANIA ~~ ~" ~ --~
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C._` Tl
f James A. Shotsberger
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E ,Deceased
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I, Thomas C. Miller , in my capacity/relationship as
(Print Name)
named Alternate Executor of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Justin A. Shotsberger
(Date) (Si afore)
203 Canter Wood Drive
.(Street Address)
Venetian, PA 15367
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciatiq~ for the
purpo es stated within on this ~ ~1 day
of .t~DYi ~ , ~a ~ ~
Notary Public '
My Commission Expires: (~ / a~l ( ~
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
;~)fr~r;JiVW`r=Fev; F-? i~F i~'~'vi~sYL~J~;i'~iE.-t
i Notarial Seal ~
Kaaren ~i. Naponic, Notary Pce±?iic
tdit. Labanon Twp., Allegheny i;ounty
~_My Commission Expires ,lone 23, ?.012 i
~4ember, r?ennsyfv~! ~i~ ,~ssa~.datioti of l`Jvi~rie-
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OATH OF SUBSCRIBING WITNESS(ES) ~~~ - ~_~~ `-~'
_
REGISTER OF WILLS ~ ~,' c~ ~-~ `T'
CUMBERLAND COUNTY, PENNSYLVANIA ~'' ~ : ~'
Estate of James A. Shotsberger ,Deceased
Jeffrey Dukes , (each) a subscribing witness to
(Print Name/s)
the ~ Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they
the Testator /Testatrix
signed the same and that she / he /they..., ,signed as a witness at the request of
presence and in the presence of each other.
(sign )
in her /his
(Signature)
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
1394 Overlook Road
(Street Address)
Middletown, PA 17057
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmedra~nd subscribed
before me this f day
of ~ , a ~ ~ ~
ary Public
My Commission Expires: / /- a 'a _ ~ 6 1 a'
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken b Officer authorized to administer oaths. Please have present the original t time of notarization.
Y °~~~ '~~F PENNSYWANIA
Noteuial Seel
Catherine M. Galena, Notary Public
Form RW-03 rev. 10.13.06 City of Henisburp, Dauphin County
My Comrtlisfbn ExpNss Nov. 22, 2012
Member, Pen aria Asaodadon of Notaries
NG WITNESS ES)
OATH OF SUBSCRIBI ~
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REGISTER OF WILLS .
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CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ~ a
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Estate of James A. Shotsberger
Judy K. Sigler
(Print Name/s)
the ~ Will ~ Codicil(s) presented herewith, (each) being duly qualifie
say(s) that she / he /they was /were present and saw the above
and that she / he /they signed the same and that she / he /they
Deceased
(each) a subscribing witness to
d according to law, depose(s) and
Testator /Testatrix sign the same
signed as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of each other.
(Signa )
(Signature)
1070 Riverview Road
(Street Address)
(Street Address)
Dauphin, PA 17018
(City, State, Zip)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~~~ .day
of AD ri ~ ao, r
of
Deputy for Register of Wills
~•
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Form RW-03 rev. 10.13.06 BETH B. LENGEL, NOTARY PUBLIC
SHIREMANSTOWN BORO., CUMBERLAND COUNTY
MY COMMISSION EXPIRES DEC. 12, 2011