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HomeMy WebLinkAbout03-14-12PETITION FOR GRANT OF LETTERS REGISTER OF .WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Name: Marilyn J. Schumacher alk/a: a/k/a: a/k/a: Date of Death: 12108/2011 N/A Decedent was domiciled at death in Cumberland County, pA (State) with his/her last principal residence at 115 Windrush Lane, Mechanicsburg 17055 Upper Allen Township Cumberland Sheet address, PoM Olfice and Zip Code City, Township or Borough County Decedent died at 115 Windrush Lane, Mechanicsburg 17055 Upper Allen Township Cumberland PA Sheet address, Post Office and Zip Code City, Township or Borough County State Estimate. of value of decedent's property at death: Kdom-c/led /n Pennsylvania ...................... All personal Property $ Knot domiciled In Pennsylvania ................ Personal property in Pennsylvania $ Hnot abm/dled in Pennsylvania ................ Personal property in County $ Value ofrea/ estate In Pennsylvania ................................................................... $ Rasl estate in Pennsylvania situated at (Attedl ad~110ri81 Sheets, i/neaessary•) File No: 21 _ ~ ~ ~ r J 3 ~/ (Assigned by Regis Age at Death: 86 100.000.00 0.00 TOTAL ESTIMATED VALUES 100,000.00 Street address, Post Office and Zip Code City, Township or Borough County A. Petkion for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the f=xecutor(s) named in the Last Will of the Decedent, dated thereto dated 06/14/2006 and Codicil(s) State relevant circwmstanoas (e.g., renunaafion, death of executor, e(c.) Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not ma was not divorced, was not a party to a pending divorce , ing wherein the grounds for divorce had been established as defined in 23 Pa. C.S.~3323(g), and did not have a chlkt bom or ad and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS Q EXCEPTIONS B. Pst(tion for Grant of Letters of Administration pf applicable) c.t.a., d.b.n., d.b.n.c.t.a., pedants life, durante absentle. dureMa minorltate If Administration, c.ta o-db.n.c.ta., Except as follows: Decedent was not a party to pending divorce proceedin wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adgudicated an incapacitated person. N0 EXCEPTIONS 0 EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the foil spouse (ff r) and heittach addiNona/sheets, if necessary):. ,,,,~ ~D rn ~.~ Name Relationshi Address - -- ~ " C:'~ '~~~ ~ ~~. 7~ .~- . Fam RW-02 ~av. rar v-zor r Copyright Ic) 2or ~ f«m sonware only The l.aacner Group, lnc. Page ~ or 2 ..... Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland } ~ u ~ ~ ~~j ~ Z? !'T'~ '"+-tz1'. c.' Petitioner(s) Printed Name Petitioner(s) Printed Address .ti ; ~. Gall C. Hoffman 20 Springdale Court Mechanicsburg, PA 17050 „~. ~ b C `~ (717) 697-0830 The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoin Petition are true and correct to the best of the knOwiedge and belief of Petitioner(s) and that, as Personal Representative(s) of th cede P ne s II well and truly administer the estate atxording t law. Swom t~ or rmed and cribed ~ ~ Date ' ~i ~ ~' met is da ~f , ~~J~.yc.~ °~° gy; Date Date. BOND Required? ^ YES ^ NO FEES: ~' • QO Letters .......................................... $ ( ~ )snort Certificates>......... • ~ ( )Renunciation(s) .............. ( )Codicil(s) ....:................... (_ )Affidavit(s) ...................... Bond ............................................. Commission .................................. Other 1 •b .. Automation Fee ............................ JCS Fee .................... . o TOTAL ......................................... $ To the Register of Wills: rtease enter my appearance oY my stgnati;ure oetow: Attorney Signature: Printed Nam Jennifer B. Hipp Supreme Cou .86556 ID Number: Firm Name: Bogar and Hipp Law Offices Address: 1 West Main Street Shiremanstown, PA 17017 Phone: 717-737-8761 Fax: E-mail: Jhipp~bogarlaw.com DECREE OF THE REGISTER Date of Death: 12108/2011 Social Security No: 272.20.8288` Estate of Marllvn J. Schumacher Flle No: 21 "~ ~T alk/a: AND NOW, ~,~,~._, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Gali C. Hoffman in the above estate and (ff applicable) that the instrument(s) dated 06/1,4/2006 described in the Petition be admitted to probate and filed of record as the la,~t/W (and Codicil(s]) of Decedent. ,~ ) Fam RW-02 rev. 1a11/2011 Register of Wills Copyright (c) 2011 form software only The Lackner Group, v ~~ ~'lof 2 h., l ~~ rV 7 !1i ~ ~~ r ~7 r'}-? ~~~ r~ ~ LAST WILL AND TESTAMENT ~ _ ~~~" ~ ~ MARILYN J. SCHUMACHER 4 BE IT REMEMBERED that I, Marilyn J. Schumacher, being of sound mind, memory and understanding, do make, publish and declare this instrument as and for my Last Will and Testament and I do hereby revoke and make null and void any and all wi1Ls or writings in the nature thereof heretofore made by me. ITEM 1: I direct that all of my just debts and funeral expenses be paid by my estate as soon as may be convenient. ITEM 2: All of the rest, residue and remainder of my estate, of whatever kind and wherever situated, I give, devise and bequeath unto my husband, Harold R. Schumacher, provided, however, that my said husband survives me for a period of thirty (30) days. I'T'EM 3: In the event that my husband, Harold R Schumacher, predeceases me, fails to survive me for a period of thirty (30) days, or we die simultaneously, I then give, devise and bequeath my entire residuary estate to my children, H. Robert Schumacher, II, Gail C. Hofftnan, Steven M. Schumacher, Mary E. Stewart and Karen A. Schumacher, in equal twenty (20) per cent shares, per stirpes, as conditioned hereinafter. In the event that my child predeceases me and leaves no surviving descendants of his/her own, then that Maril ~ J. ~ S umacher yn Page 1 of 4 Pages child's share shall lapse and be distributed in equal shares to his/her siblings, per stirpes. ITEM 4: In the event that any property passing hereunder would otherwise pass to a person before his/her thirtieth (30'x) birthday, I directthat such property be held in a separate Trust. I appoint my daughter, Gail C. Hoffman, as the Trustee of any such Trust and I appoint my daughter, Mary E. Stewart, as secondary Trustee. I direct my Trustee to invest the Trust property in a prudent manner. I direct my Trustee to expend the income and, if necessary, the principal of the Trust for the reasonable maintenance, support and education to include college and vocational-technical training, of the beneficiary. My Trustee shall distribute one-half (1 /2) of the Trust balance to the beneficiary on his/her twenty-fifth (25m) birthday and my Trustee shall distribute the remainder of the Trust to the beneficiary upon his/her thirtieth (30a') birthday. My Trustee's decisions shall be plenary and final. My Trustee shall be reasonably compensated for her services. ITEM 5: I direct that any property passing hereunder to my children, H. Robert Schumacher, II, Steven M. Schumacher, and Karen A. Schumacher, shall be held in separate spendthrift Trusts. I appoint my daughter, Gail C. Hoffman, as the Trustee of such Trusts. I appoint my daughter, Mary E. Stewart, as my secondary Trustee. The Trustee shall invest the Trust property in a prudent manner. The Trust property, income and principal, shall not be subject, while in the hands of my Executor or my ~~ ess i yn J. c acher Wi Page 2 of 4 Pages Trustee, to voluntary or involuntary anticipation, encumbrance, alienation or assignment, either in whole or in part, nor shall such interest be subject to any judicial process to levy upon or attach the same for or on behalf of the beneficiary's creditors or claimants. In the event that the beneficiary of such Trust shall attempt to anticipate, pledge, assign, sell, transfer, alienate or encumber his/her share, or if any creditor or claimant shall attempt to subject said interest to the payment of any debt, liability or obligation of the beneficiary, said beneficiary's claim to income shall ternnate and the Trustee shall distribute same to that person(s) who would have received said beneficiary's share of the estate at the time of Testatrix's death, as though said beneficiary died immediately before the Testatrix. The term of each spendthrift trust shall be for the life of the beneficiary. The Trustee may expend funds from the Trust for the benefit of the beneficiary in such amounts and for such purposes as the Trustee in her sole and absolute discretion shall deem advisable from time to time. Each of the Trusts shall terminate upon the death of the beneficiary. ff the Trust fund reaches $15,000.00 or less, the Trust shall cease and the remainder distributed to the beneficiary. Upon the beneficiary's death, the Trust balance shall be distributed in equal shares to the beneficiary's heirs. My Trustee's decisions in the administration of the spendthrift Trust(s) shall be plenary and final. My Trustee may collect a reasonable compensation from the Trust for her services. Marilyn J. c acher Page 3 of 4 Pages ITEM 6: I direct my Executrix to pay all inheritance, estate, succession and legacy taxes of whatsoever nature and kind, to which my estate or the transfer of any property passing hereunder or otherwise passing by reason of my demise, may be subject and to charge such taxes against my residuary estate, it being my intention that none of the aforesaid taxes, either federal or state, on any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted shall be prorated among the persons interested in my estate to whom such property is or may be transferred or to whom any benefit accrues. ITEM 7: I appoint my husband, Hazold R. Schumacher, as the Executor of this, my Last Will and Testament. In the event that my husband predeceases me or he fails to act as my personal representative, I then appoint my daughter, Gail C. Hoffman, as my Executrix. ITEM 8: I direct that my Executor and my Trustee shall not be required to give a bond to secure the faithful performance of their duties is this nor in any other jurisdiction. IN WITNESS WHEREOF, I have affixed my signature this ~ ~~day of June, 2006. Page 4 of 4 Pages ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK I, MARILYN J. SCHUMACHER, the testatrix whose name is signed to the foregoing instruirient, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my fine and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before by MARILYN J. SCHUMACHER, the Testatrix, this j~~` day of ~~~~~/LL¢- , 2006. NOTARIAL SEAL Susan J. McDonald, Notary Public York City, York County My commission expires Sept. 9, 2009 AFFIDAVIT ~~-y NOTARY PUBLIC ~1 We, ~ Se~v and 6~~to `~ • ~ ,the Witnesses name are sign to the foregoing instrtttn nt, being my qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness signed the will as a witness; and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. I~/w- t ~ /" ~~ ~rn too affirm d subscnbed to before me b rum ~ +~' ~~ and j ~Mc~ ~. ,witnesses, this /4~aay of , 2006. _ _ _ ~ ~ NOTARIAL SEAL Susan J. McDonald, Notary Public York City, York County My commission expin;s Sept. 9, 2009 NOTARY PUBLIC