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Home My WebLink About08-11-11IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Orphans' Court Division IN RE: ESTATE OF MATILDA E. SHAUB, File No.: 21-06-071' ~, Deceased ~~ = z~ x,,, m m r c~a G~rj PETITION FOR LEAVE OF COURT '~ ~" TO NAME SUCCESSOR EXECUTRIX ~~ `~'~ `- !;-' ~' ~~Q ~,. , To the Judges of Your Honorable Court: ~ ~ ~, r- r c -: cn Cy AND NOW, comes Petitioner, Aaron C. Jackson, Esquire, and the law firm of Tucker' `~i Arensberg, P.C., as attorney for the Estate of Matilda E. Shaub, and respectfully represents as follows: Decedent died on July 31, 2006. 2. Will was probated on August 10, 2006, and a copy of the Will is attached hereto as Exhibit A. 3. Letters Testamentary were granted on August 10, 2006 to ,Ruth Jane Dunn, Executrix. 4. Estate is still open. 5. Executrix wishes to resign as shown by Exhibit B. 6. Nikki Vorkapich has consented to serve as successor Executrix of the Estate of Matilda E. Shaub as shown by Exhibit C. WHEREFORE, Petitioner respectfully requests this Court to name Nikki Vorkapich as successor Executrix in the Estate of Matilda E. Shaub. Dated: ~'D!~ Respectfully submitted, Aaron C. Jackson, Esquir,~{ PA I.D. No. 200490 (J TuckerArensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 REGISTER OF WILLS CERTIFICATE OF GRANT OF LETTERS CUMBERLAND County, Pennsylvania No . 2006- 00711 PA No . 21-. 06- 0711 Estate Of: MAT/LDAESHAUB (First, Midd/8, LeBU Late Of: EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 182-22-9906 WHEREAS, on the 10th day of August 2006 an instrument dated January 29th 2003 was admitted to probate as the last will of MA TILDA E SHR UB (First, Middle, LesU late of EAST PENNSBORO TOWNSH/P, CUMBERLAND County, who died on the 31st day of July 2006 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: RUTH JANE DUNN who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 10th day of August 2006. eg/ster o i s eputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) CERTIFICATE OF SERVICE AND NOW, this 4~ay of 2011, I, Faith D. Henry, Paralegal to Aaron C. Jackson, Esquire, for the law firm of Tucker Arensberg, P.C., attorne s for Estate of Matilda E. Shaub, Deceased, hereby certify that I have this day served th the foregoing Petition for Leave of Court to Name Successor Executrix, by depositin a tr and correct copy of the same in the United States Mail, first class, postage prepaid at e Harrisburg, Pennsylvania, addressed as follows: Cumberland County Orphans Court One Courthouse Carlisle, PA 17013 114144.1 g Faith D. Hen 2 CERTIFICATE OF SERVICE AND NOW, this~~ay of , 2011, I, Faith D. Henry, Paralegal to Aaron C. Jackson, Esquire, for the law firm of Tucker Arensberg, P.C., attorneys for the Estate of Matilda E. Shaub, Deceased, hereby certify that I have this day served the foregoing Petition for Leave of Court to Name Successor Executrix, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Cumberland County Orphans Court One Courthouse Carlisle, PA 17013 ~~a~aa.~ ~~ Faith D. Hen 2 EXHIBIT A Copy Last Will of MATILDA E. SHRUB I, MATILDA E. SHRUB, of Camp Hill, Cumberland County, Pennsylvania, make this Will and revoke all of my prior wills and codicils. Article One My Family I am not now married. I have no children, living or deceased. Article Two Distribution of My Property Section 1. Pour-Over to My Living Trust All of my property of whatever nature and kind, wherever situated, shall be distributed to my revocable living trust. The name of my trust is: MATILDA E. SHRUB, sole Trustee, or her successors in trust, under the MATILDA E. SHRUB LNING TRUST, dated January 29, 2003, and any amendments thereto. 1~-~--- ~- `'~ Page 1 Section 2. Alternate Disposition If my revocable living trust is not in effect at my death for any reason whatsoever, then all of my property shall be disposed of under the terms of my revocable living trust as if it were in full force and effect on the date of my death. Article Three Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate, as well. as any powers set forth in the statutes in the State of Pennsylvania relating to the powers of fiduciaries. Article Four Payment of Expenses and Taxes and Tax Elections Section 1. Cooperating with the Trustee of My Living Trust I direct my personal representative to consult with the Trustee of my revocable living trust to determine whether any expense or tax shall be paid from my trust or from my probate estate. Section 2. Tax Elections My personal representative, in its sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. ~Z ~ .~- Page 2 My personal representative shall not be liable to any person for decisions made in good faith under this Section. Section 3. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death and which are incurred as a result of property passing under the terms of my revocable living trust or through my probate estate shall be paid without apportionment and without reimbursement from any person. However, expenses and claims, and all estate, inheritance, and death taxes assessed with regard to property passing outside of my revocable living trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the persons receiving such property. Article Five Appointment of My Personal Representative I appoint the following to be my personal representatives: RUTH JANE DUNK, or if RUTH JANE DUNK is unwilling or unable to serve, I appoint NIKKI VORKAPICH. I direct that my personal representatives not be required to furnish bond, surety, or other security. I have initialed all of the pages of this Will, and have signed it on January 29, 2003. MATILDA E. SHAUB ~- ~ ~ Page 3 The foregoing Will was, on the day and year written above, published and declared by MATILDA E. SHAUB in our presence to be her Will. We, in her presence and at her request, and in-the presence of each other, have attested the same and have signed our names as attesting witnesses and have initialed each page. We declare that at the time of our attestation of this Will, MATII.DA E. SHAUB was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. i ~ /l ~--, THOMAS J. AHRENS AI LEY Al ICK ~ ~ Page 4 STATE OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) We, MATILDA E. SHRUB, THOMAS J. AHRENS, and ASHLEY J. PISANICK, the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of the witnesses, signed the instrument as her last Will, that she signed, and' that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. MATILDA E. SHRUB %h THOMAS J. AH NS A LEY J. ANICK Subscribed and sworn before me by MATILDA E. SHRUB, the Testatrix, and by THOMAS J. AHRENS and ASHLEY J. PISANICK, the witnesses, on January 29, 2003. , ~,~ rrI OTARY PUBLIC My commission expires: NOTARIAL SEAL NlDD M. AHRENS, NOTAR'l PUBLIC MECNANICSBURG 8080., CUMBERLAND CQ YY ~M ISSION EXPIIt MAY 23 20 ~~ --~ Page 5 EXHIBIT B 1, Ruth Jane Dunn, as Executrix of the Estate of Matilda E. Shaub, Deceased, wish to resign as Executrix. uth Jane Du Executrix of th Estate of Matilda E. Shaub 114144.1 EXHIBIT C CONSENT I, Nikki Vorkapich, hereby by consent to be named as successor Executrix in the Estate of Matilda E. Shaub, in the above-captioned matter. Nik i- orkapich 102 Wheatland Road Lewisbeny, PA 17339