HomeMy WebLinkAbout09-13-11PETITION FOR PROBATE AND
GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
COUNTY, PENNSYLVANIA
Estate of Sylvester F. Shank ~ C
also known as File Number -/ ' J / ' ~~~
,Deceased Social Security Number 174-20-3670
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 P
last Will of the Decedent dated 9/13/20 1 O etrtioner(s) is /are the executrix _ . ~~"'
and codicil(s) dated ,.r na~'1 the
....._ ~ ~: _, _w
-~
(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 ado t
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a aped after execution o~~nstrument(s) offered ~~~`
p rh' to a pending divorce pr~eding at the time-~~ ~
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 ~ _ .- a.v;.,
(g)~ -ter,. ¢ ...
Wy..
^ B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d b.n.c,t.a.; pendente liter durance absentia; durance minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived b t
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs. y he following spouse (if any) and heirs: (If
Name )
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
514 Ei hth Street Count Pennsylvania, with his /her last principal residence at
(List street address, town/city, township, coupryveW ,Cumberland PA 1070 Borou h of New Cu
~ mbe
Decedent, then 83 ears of age, died on 8/20/2011
orou h of New Cumberland at 514 Eighth
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
514 Eighth Street, New Cumberland PA 17070
$ 560 000.00
$.
$ 161 400.00
situated as follows: TOTAL: $721,400.00
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and t
the undersigned: he grant of Letters in the appropriate form to
Signature
~:,'
~~
1
Typed or printed name and residence
anet M. Shank 514 Eighth Street
lew Cumberland
1707
Norm RW-02 rev. 10.13.06
Page 1 of 2
105.805 REV (01/07) - -
LOCAL REGISTRAR'S CERTIFICATION OF DEAT
WARNING: It is illegal to duplicate this copy b hotostat or H
Y ~p photograph.
Fee for this certificate, $6.00
P x.7728916
Certification Number
//- 9~~
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 he forwarded to the State Vital
Records Office for permanent filing.
Q,~,, AUG 3 0 2011
~ocal R~°gistrar ";,.:,:~ Date Issued
~:1
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`~~~ C~ _n _ , 1--
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/PRINT' IN
i REV „coos COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
- - (See inatructlona and sxrllmplea on roveroe)
1 w1e of Dea+dat ~' ' ~' ) STATE FILE NUMBER
Sylvester F . Shank 2 s.~ 3. s«ial seaany Nraroer
a. ~re m Dean (Manor, day, year)
-^ a. roe (va Y) under, ands, e. Date ~ Bkth Male 17 4 - 2 0. - 3 6 7 0 Au us t 2 9 2 011
~ 7. a and eaa a ee. Place a Dees, (Ybdc
~^ ~ Fforsa Aaradae a»
~~ - 83 vrs. October 7 19,27. Hoepial:
Harrisburg, pA °1her~
~. Coumy of Dean tk. Cky, Bono, Twp. of Dean 8d. F ^ Irpetlent ^ ER / Outpayent ^ DOA
edlNy Name (M not ktetltudon, BNe ebeet and rasrdraj ^ Nurekq Hone ®Reeklerae ^ Other • Spedy:
:~ Cumberland New Cumberland 9. Wee oec«ant d Hleparric orgn7 ®~ ^ Yee ,o. Race: Arnedcan l
514 Eighth Street ("'"°'°P°~''Ci6en~ rd1°"'~'^'`'""'"°~°re•
1,• pecederrCe tAmY of work dale moat of Ile. Do rat area 12. Wee Decedad ever M the 19. DscedaM'e Educetlon ~'"Qa Rlcen, etc.) (~M Whit e
,~ IOMotWalc Head&bkreee/Ira'ratry U.S. Amred Forces9 (~N ony h+gFreet o-eda mad) ,a. Martial statue: Herded, Never Herrred, i5.
:. Dept . Head/Engineer E ui ment Sales ®v.e ^ No 23e~°ry (a,2) ('~ a ~,) Wkbwed, Divaroed (') s'""h'I"g ~• (" wNe, 9~ rneiden "e"re)
,s. DecedertYa Mdlrtg Addreee (sneer,,dry / tow,,, , by ~) MS r r i e d
514 Eighth Street AchReeidenoa t~astw Pennsylvania DklDecedent Janet M. Last
New Cumberland, PA 17070 ,m.co,,,,y Cumberland T°"""''~' ,~c.^Y"'~°`'e'd~"edki
.,7d. ®No, Decederd lived within T"rp~
18. Fanefa Name (Fkat, coddle, luf, eulPoc) Actual ante a New Cumberland
We 81e F . Shank ,9' MoBnls Nerrre (Brat, midde, maiden aunwna) ~'/eoro
l~"~'"'~"'eNa"1eR~/P~> Anna R. Fritsch
LL Janet M. Shank 2°n. kd"manre ",taNlno Aear..e (str^t, dry / cow,, ame, tip Ada)
_ztsMelhodafDbpoelYon . ®~, ^ 2,bl~aar 514 Eighth Street, New Cumberland, PA 17070
_ ^ Buid ^ Removal horn Sate i was t}arrruon or DornUon ~P~iBon (Monts, day, year) 21c. Place d DhDaePoon (Name d aanetsry, crpnataY a other
Atrtlartead PaCa) 21d. Lacadon (CNy/town, sate, zip code)
°tl'""' ' ~''~''~-~ f~lYea^.No August 30, 2011 Evans Cremator
_~' («Peraaraclktgaeeuch) ~,,, y Schaefferstown, PA 17088
- ~ 22c. Name and Addrsee d FeWlly
- ~. Parthemore FH.& CS, Inc., p.p.
~011a"'"°"16 q 23a.ro or ,,~y,myre ~ Box 431, New Cumberland, PA 17070
plMiclsn M not et tlme at death b aaOB . ( and ~•) 2~. license Number
oertlly seam d dean. ~ (, ~,
Ilenro 2a-28 rmMt be complead by person 24. Time ..wn J J ~ 7~ ~+ 'ry^~ `
rAa prargnou death. / ~ M. Date Pronotraed ~AB~ 28. Wes Cue Referred a Medcel Exemkrer /Coroner for e R i/ y/
1 ~ // ^ Yu ^ ~ then Cremetlon Donetlon?
Item 27. Pert I: 5rher Bra CAUSE OF DEATH (Bea Mstrtectlorts end exam
~~ ~oornplka8orro ~ that dkectly caused the death. DO NOT ~anninal everda each ee cadet r ~ ~~: Pert II: Enter other 28. Dld Tobacco Use Cadribure re Dsen?
showing Mrs etkdogy. lbt ony one cause on each Noe. ~ Onset to Death but rat reeultlrq In the undedykrg cauu given kt Pert I,
~p1A?E CAA -USE (FInW dlaue or / ~ o ,. i ^ Vu ^ Probedy .
rara.m'esuorq in Oran) -~ a. /VC U ~~-V1 11G} ~t/~"N j~}~~ 1~ t%f}/L d ~.~e ' ^ No ^ unkrawn
Due to( ua ~
. 29. h Female;
Irt conatlone, lr any, b, _aLk~~ y5 pLA~'~G. s' ~1/~,D(Lb~a~ ~ ^ Nw pregnam wnnrn pay yea,
Ea'n~u~re1~0 Cli'l~ ` a,e ro (a ee a oa>aeq,e,>ce of) r
(die.w or }fir ~ ya r ^ Pregnant at time of death
everts reeuwrrp In dean) LAST. G ~ ^ Not Pregnen4 but pregnant wlthln 42 days
Due m (a u a oareequence of): ~ of dean
d.
30a Wu en Aulopey 30b. Were Aurepey FFrdrge 31. Manner al path r ~ ~ ~ pregnant 43 days a ,year
r before death
Periornpd9 32a. Daa of Inury (Mordh, day, yeah 32b. Deervlbe Flow Injury Occurred ^ Unknown M pregnant wittdn tie peat year
AvaBabb Prig re Cartrpbtlar
d Cause of Daedr9 Uu Natural ^ Ftomldde 32c. Plax of Injury: Fbrtre, Ferm, 9troet, Feday,
OIAce BuNdkq, etc. (Specy/y.)
^ Yu ~ No ^ Yu ^ No ^ Acddent ^ Pendrq Inveeygaryarr ~. Thrre of Irdray 32e. Injury et Work? 32t. N TraneporaCon Inury (specnyJ 32g. Locatlon of
^ sulfide ^ caukl Not m Detemrkred ^ Yee ^ No ^ DAver/Operator ^ Paeeerger ^ Pedutrlan ~~ (street, dry /awry, sere)
s3s Certlfier (dock any one) M. Other ~ ~A''
• ~ykq PM~art (Phyekian axtlly&g carne of dean when araUrer phyeiden tali pronaraed dean and 33b'
Ton» beet ar aq lawwadpa, death acounad du~>o>,» aaws(i) and manner ^ wbd_ _ - _ Item 23) , ~,
To tlu bent d~ "e ~ry°'d°n bdh proraurakp dean, end catMykp re ease of dean) ~ Lk~nse
arlrloawrfatlpa, dwh ecouned at tlts time, daa, rtd pap, and sue 1o ttre aa,.e(.) sad mama rwad- _ _ - 33d. Dare S ( ,,ay, yam)
• Marcel EnrnMnrlCorarrar _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ /e ~ ~/T' ~O ~ y
oa lira tea, a aramrrron and / a Imraetlratlon, M my opinbn, deatlr oarrrna et d» time, aaa, and ~(rj~,/ v L' ~'tQ~'~ / /
pace, art due to the aaras(a) and mrwur u et.ad_ ^ 94, Name
of Perecn wla cause of Dean (Iran 27) rye / Pdnt
¢• Regletrar's sgneare endUletrld Wumber I+~17
,.. •
Dleposltlon Pennlt Na. C~~5 O B 1'7
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~ ep`,wiils\SHrNK,SYLVE~^'ER
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1 j = \~ J .~ 1 ..
LAST WILL AND TESTAMENT
OF ~;%.~r~ ~~
0~`~~ -~~~'~ ~~ ~'r" '~T
SYLVESTER F . SHAM{ t u ..~v-i_i. - r
I, SYLVESTER F. SHANK, of the Borough of New Cumber
land, County
of Cumberland, and Commonwealth of Pennsylvania de
Clare this to be my
last will and revoke any will previously made b m.
y e.
IT-_ I: I bequeath my automobiles, household and
personal
effects and other tangible personalty of like nat:ur
e (not Including
cash or securities) together with any existin ir~sur
g ar~ce thereon, to
my spouse, JANET M. SHANK. Should my spouse, JANET M. SHA
NK,
predecease me, I bequeath such tangible personalt an
Y d insurance
thereon to such of my children as are livin at t:h
g e time of my death,
to be divided among them by my Executrix with due re
gard for her
personal preferences in as nearly equal shares as ractic
p al.
ITEM II: I devise and bequeath the remainder m est
Y ate, of every
nature and wherever situate, to my spouse, JANET M. S
HANK, subs ect to
my directions concerning the DISCLAIMER TRUST set for
th in ITEM IV.
I T ~' ~/f T T T.
~L, l~~ . If my spo,,se, JA~JET M.
SHANK; predeceases me, I devise
and bequeath the residue of my estate
of every nature wherever
situate as follows;
A. One-half (~) thereof to my son, MICHAEL S. SHANK
. Should
my son, MICHAEL S. SHANK, predecease me, his share shall b
e paid to
his issue, per stirpes, and in default thereof to m
.y daughter, SUZAN
A. KISSINGER.
Page 1 of 9
B . Two-sixth ( 2 / 6 ) thereof to my daughter, SUZAN A .
KISSINGER. Should my daughter, SUZAN A. KISSINGER
predecease me, her
share shall be added to the share created for m~~
y grandson, JEFFREY
KISSINGER, in ITEM III. C,
C. One-sixth (1/6) thereof to the Trustee herein of
ter named
IN TRUST for my grandson, JEFFREY KISSINGER, to hold
manage, Invest
and reinvest the share so received, and 'the accumulat'
ion of Income
thereon. The Trustee shall distribute so much of= t
he income and the
principal of the trust as the Trustee shall in hi.s s
ole and absolute
discretion deem advisable for the support of m ra
y g ndson, JEFFREY
KISSINGER, after taking into account all other avail
able resources and
sources of income including entitlement to government bene '
fits such as
Supplemental Security Income, Medical Assistance G
eneral Assistance,
AFDC, Food Stamps, Mental Health/Mental Retardation
Services, Children
and Youth Services, Vocational Rehabilitation Ser`rice
s, Attendant
Care, or any other type of government benefit or ser '
vices. It is my
intent that this trust shall supplement and not su
pplant otherwise
available government benefits. Any income not distri
buted for the
support of my grandson, JEFFREY KISSINGER, each year shall
be
distributed to my daughter, SUZAN A. KISSINGER or '
in default thereof,
to my son, MICHAEL S. SHANK, it being my intent that
all Income earned
under the trust shall be distributed each year. U>on
~ the death of my
grandson, JEFFREY KISSINGER, the then remaining princi a
p 1 and any
Page 2 of 9
accumulated or undistributed income shall be distr'
lbuted to my
daughter, SUZAN A. KISSINGER, and in default
thereof to my son,
MICHAEL S. SHANK, or to his issue, per stir e
p s.
ITEM IV: I remind my spouse, JANET M. SHANK
and her personal
representative, guardian, or agent acting under ~po
ti wer of Attorney,
that she may disclaim any part or all of an
y distribution to her
herein made. in particular, it may be desir ~
able nor tier to disclaim a
portion or my estate, and if she does so, the d'
isclalmed portion shall
pass to a separate DISCLAIMER TRUST for the follow'
ing uses and
purposes:
A. Trustee shall pay the net income thE~refro
m to my spouse,
JANET M. SHANK, for and during her lifetime i
n such periodic
installments as the Trustee shall find conv
enient, but at least as
often as quarter-annually.
B• As much of the principal of this trust a
s the Trustee,
in his sole discretion, may from time to ti
me think advisable for the
support of my spouse to maintain her in the statiol
Z of life to which
she is accustomed at my death, shall be eith
er pald to her or else
applied directly for her benefit by the Truste
e after taking into
account her other readily available assets and sou
rces of income.
C. The Trustee may apply the net income of t '
his trust for
the support of my spouse, JANET M. SHANK, sho
uld sh~~ by reason of age,
Page 3 of g
illness or other cause, in the opinion of t
he Trustee, be incapable of
disbursing it.
D. In addition to the above provisions, m s
Y pouse shall
have the power to direct Trustee to pa to h
Y er or to apply out of
principal in each year, including the year of
my death, an amount not
in excess of the greater of Five Thousand
($5,000.00) Dollars or five
(5~) percent of the there aggregate value of +-
the ~._rust principal. This
power is non-cumulative and can be exercised onl-
~ by an Instrument in
writing signed by my spouse, and delivered to
the Trustee.
E• Upon the death of my spouse, JANET M. SH
ANK, or upon my
death should my spouse predecease me the
Trustee shall distribute the
balance of the principal and any accumulate
d and undistributed income
pursuant to the provisions of Item III herein.
ITEM V: Should any person entitled to a sham
e of my estate not
have attained the age of twenty-eight (28
years at the time of
distribution tc him or her or, in the o info
p n of the Trustee, be
incapable of disbursing his or her share be
cause of illness or other
cause, I devise and begue~,t~h the shame o~
N .~
eaC h suC~`1 1s~L'.e tp the
Trustee hereinafter named, IN SEPARATE TRUST
to hold, manage, invest
and reinvest the share so received, and the ac
cumulation of income
thereon, ar~d to use and apply the income and
principal, or so much
thereof as, in the Trustee's discretion, ma
y be necessary or
appropriate for such child's support and education
(Including college
Page 4 of g
education, both graduate and undergraduate wi ,
thout regard to his or
her parent's ability to provide for such su
pport: or education, to make
payment for these purposes, without further res on '
p slblllty, to such
child or such child's parents or to an
y person taking care of such
child. Any principal or income not so a lie °
pp d shall be distributed to
such child absolutely when he or she attains th
e age of twenty-eight
(~ 8 ) years or become competent . If he o_r she
diE_s before obtaining
age twenty-eight (28) years or before becomin cam
g petent, the trust
shall terminate and such shares shall be dist
r1buted to his or her
personal representative.
ITEM VI: The interests of the beneficiaries
hereunder shall not
be subject to anticipation or voluntar or i
Y nvoluntary alienation.
ITEM VII: All federal, state and other deatri
taxes payable
because of my death, with respect to the ro
p perty forming my gross
estate for tax purposes, whether or not passin
g under this will,
together with any interest or penalty im osed
p in connection with such
tax, shall be considered a part of the ex ense
p of the administration
of my estate and shall be oai,
d f:rorn my residuary e:~tate without
apportionment or right of reimbursement.
ITEM VIII: I appoint my son, MICHAEL S. SHANK
Trustee of the
Disclaimer Trust and any Trust created under
Item V herein. Should my
son, MICHAEL S. SHANK, fail to qualify or cease to
act as Trustee, I
appoint my daughter, SUZAN A. KISSIIVGER, Trustee
of the Disclaimer
Page 5 of g
Trust and any Trust created under Item V herein
My daughter, SUZAN
A. KISSINGER, in her sole discretion, shall have
E the right and
authority to appoint a successor Trustee to be e~f
fective at her
resignation or death. In the event she fails t
o choose a successor
Trustee, at the death or inability of SUZAN A.
KISSINGER to serve as
Trustee, I appoint PNC BANK, NATIONAL ASSOCIATI
ON, Trustee of the
Disclaimer Trust and any Trust created under I
tem V herein.
ITEM IX: I appoint my daughter, SUZAN A. K1:SSI
NGER, Trustee of
the Trust created for my grandson, JEFFREY KIS
SINGER, in Item III.C.
herein. Should my daughter, SUZAN A. KISSING
ER, fail to qualify or
cease to act as Trustee, I appoint my son, MICHAEL
S . SHANK, Trustee
of the Trust created for my grandson, JEFFREY K
ISSINGER, in ITEM
III . C . herein . My son, MICHAEL S . SHANK, in hi ^` ~-
J .pole discretion,
shall have the right and authority to ap oint a
p successor Trustee to
be effective at his resignation or death. In
the event he fails to
choose a successor Trustee, at the death or in
ability of MICHAEL S.
SHANK to serve as Trustee, I appoint PNC BANK
NATIONAL ASSOCIATION,
Trustee of the Trust cY~eated for ml~' gray-,dsor_ J~•, ~~v
.~r F...~,1 KISSINGEP,, ; n
ITEM III.C. herein.
ITITEM X: I appoint my spouse, JANET M. SHANK Ex
ecutrix of this my
last will. Should my spouse, JANET M. SHANK
fail to qualify or cease
to act as Executrix, I appoint my children, MICH
AEL S. SHANK and SUZAN
Page 6 of 9
A. KISSINGER, Co-Executors with the same ow
p ers and duties of this my
last will.
ITEM XI: I direct that my Executrix and Tru
stee and their
successors shall not be required to give bond for
the faithful
performance of their duties in any jurisdictio
n.
IN WITNESS WHEREOF, I, SYLVESTER F. SHANK h
ave hereunto set my
hand and see l thi s ~3 ~~
-----._ day c f ~ ~ ,c r
_____, 2 0 i 0 .
~.
9 1~
NESTER F. SHANK
SIGNED, SEALED, PUBLISHED and DECLARED b SY
y LVESTER F. SHANK, the
Testator above named, as and for his Last Wi
11 and Testament, and in
the presence of who at his request, in h'
is presence and in the
Ares of e ch other, have subscribed our names
x r as witnesses.
W1 414 Brid e St. New Cumberland pA
Address
Witness 414 Brid e St. New Cumberland pA
Address
Page 7 of g
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND ) SS.
I, SYLVESTER F. SHANK, the Testator whose n,
ame is signed to the
attached or foregoing instrument, Navin bee
g n du_1y qualified according
to law do hereby acknowledge that I signed
._~rd executed this instru-
ment as my last will; that I signed it willin
gly and that I signed it
as my free and voluntary act for the purposes th
_ereln contained.
~~
S NESTER F. ,SHANK
Sworn to or affirmed to and acknowled ed be
g fore me by SYLVESTER
F• SHANK, the Testator, this
1__ ~____ day o f
2010.
~~~id ~1 ~i~,~U'1 ~ ~+~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KELLY A. BIRDSALL, Notary Public
New Cumberland Boro., Cumberland Co.
My Commission Expires June 18, 2013
Page 8 of g
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND ) SS.
a n d . ~~-,*~,~ ~~
the witnesses whose names are signed to the attached or for
egoing
instrument, being duly qualified according to law, de ose
p and say that
we were present ar~d saw Testator sig:-~ and execute the instrument as
his last will; that Testator signed willingly and that he
executed it
as his free and voluntary act for the purposes therein ex res
p sed; that
each of us in the hearing and sight of the Testator si ned the
g will as
witnesses; that to the best of our knowledge, the Testator w
as at that
time eighteen or more years of age, of sound mind and under
no
constraint or undue influence.
rr 1 l~llC r~ ~
Sworn to or affirmed to and acknowledged before me b-
`~ ~4 ~-` y
` and ~~!~~~ l- • ~
~'~"~, witnesses,
this ~_ day of
201.
WJ ~~-~CJ~
Notary Public
Page 9 of 9