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HomeMy WebLinkAbout09-18-12 (2)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' ~ ~:~ ORPHANS COURT DIVISION O ~ ~ '' Cr ±' ~ -~ ~:,; In re: ' ~il ~ ~C~`~' d N A h R Sh J ~~'`~' xa ~-~ ~-, - - ~' '' - rt ur . ope, r. o. ;~,~ ~ ~ _,~ ~~ _ , , ._ =-~ c~ ' Late of Cumberland County, r~ o H: rr s Pennsylvania, deceased ~ i c~ `~.~ c.a PETITION TO PERMIT TO PROBATE PHOTOCOPY OF ORIGINAL WILL AND NOW, TO WIT, this ~ ~t day of September 2012, comes the Petitioner, Matthew H. McGregor, by and through his attorneys, CGA Law Firm, and files this Petition averring as follows: 1. Petitioner is Matthew H. McGregor ("Petitioner"), an adult individual residing in Adams County, Pennsylvania. 2. Decedent in the present case is Arthur R. Shope, Jr ("Decedent"), who died on May 16, 1989, a resident of Cumberland County, Pennsylvania, with a last address of 2100 Bent Creek Boulevard. Mechanicsburg, Pennsylvania 17055. A true and correct copy of Decedent's Certificate of Death is attached hereto as Exhibit "A." 3. On August 24, 2006, Decedent executed a Last Will and Testament. A true and correct copy of the Will is attached hereto as Exhibit "B." On October O1, 2007, Decedent executed a Codicil to Will. A true and correct copy of the Codicil to Will is attached hereto as Exhibit "C." 4. The Will names Petitioner and Robert C. Shope as Co-Executors of Decedent's estate. {00635270/l~ 5. Robert C. Shope has renounced his position as Co-Executor of the estate in favor of Matthew H. McGregor. 6. It is not known who prepared the Will or the Codicil to Will. The Will and Codicil to Will are self-proving. The execution of the Will was witnessed by Kim L. Mason, Donna M. Grizzard, and Kleo Johnson. The execution of the Codicil to Will was witnessed by Germaine Broussard and Dayana Armstrong. 7. Interested parties in this Petition include and are limited to: Jeanne Ptaszenski Douglas Shope Robert C. Shope, Jr. 364 Prospect Avenue 502 18th Street 3685 N. 4th Street Bridge Port, PA 19405 Huntington Beach, CA 92648 Harrisburg, PA 17110 Daniel McGregor 38 Creek Road East Berlin, PA 17316 Matthew H. McGregor 52 Creek Road East Berlin, PA 17316 WHEREFORE, Petitioner respectfully requests this Honorable Court to Order that the photocopy of the Will of Arthur R. Shope, Jr. be admitted to probate as if it were the original. Respectfully submitted, CGA LAW FIRM By: -- Leanne M. Miller Supreme Court I.D. #207993 135 North George Street York, Pennsylvania 17401 717-848-4900 too635z~o~, ~ L.C~~AL RE(a~ST`F~AR~S CEE~TlI=tG~tTf~N C~~ DE~4TH - J i • i,J~cu canctly cn~iECi frc~i~i i,j cri~znal E.~ertificate of Deal c~riiy filed ~uitl~ rise as T_ocal ~'ce~is~.aj-. 7'hc ari~in, eertiticatc i~~iiP be'frirwar~led to fire State ViE; ~.e :>~-ds t~`~fice fcr i~~~rt ,tent tiE~„. __P_1~~~9705 ~. E.ertificatan Nrj:nber -- ---------.-----_---~-_-_~ ~~_~c~, j aCa~ ~e~iStraT ~«tf: ~SSttk.Ci Type/Print In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH .VITAL RECORDS Permanent Black Ink CERTIFICATE OF DEATH 1. Detetlent'z Legal Name (FIrsL Mltldle, L zt, Suffix) Sbte File Number: 2~ Sex 3. Social SacurKy Number 4. Date of Death (MO/Day/Yr) (Spell Mo) Arthur R. Shope Jr. male 174-20-0426 Sa. Age-Last Birthday (Yrs) Sb. Untlar 1 V ar Sc. Under 1 Da 6. Date of Birth (MO/Day/Yesr) (Spell Month) 7a. Birt~hyla~e (City } d Stall ~ Fora to C9oun ry O i 2 -. 86 Months': DsYZ Hours Minutes tlBrriBDLLr , Pann6 fvania June 23, 1926- Sa. Residents (State or FpreiEn Country) ~ 8b. Resldenu (Street and Number- Intlutla Apt No:) $<, DItl De<etlent Lhrabn al Township? unH) D8i1 hin-- Pcnns events -2100 Bent Creek Blvd. ~i'e:,de<eded4uyedm Silver Sorin,r Stl. Rasldante(County) - twP_... Cumberland Be. Re,lden<e (zJp cptlej 9. Ever In VS Armed Forces? 10. M rH:al Status at Time of Death r]Nb, decadent Ilved within IImKS of city/born. $~ Ves Q No Q Unknown Q Dlvorud Q Mauled Q Witlowad 11. Survhdng Spouse's Nama (If wNe, gWe name prior to Frst msrrlage) Ej Never MaMetl Q Unknown - 12. Father's Name (First, Middle, last, Suffix) 13. Mother's Nam! Pribr to First MarNage (First, Middle, Last) Arthur R. Shope Sr. 1aa. lnt t N Alma E. Enders P Matt P1CGre$Or 14b. Relafio she t De edent 14c Inf rm M M 111 gAdtl (StrlK and Number, City, State, Zlp COdej nephew 52 Creek Rd East Berlin, PA 7316 ~••~"" ' '°• a ace o eat c~ If Death Oee td 1 a H SPltal ]~ 1 Patf •-~ """""""""' o Y o e _.• rat ; It Death Oc< •rrod 5o ewhe Oth r The a MosPK f. -•----••• r~ Hospic Q E B my R /O tpatl t _ Q Dead A 1 al N ing H /long T rm Gro Fsclll F Ility -•• ~~•~" D eedtrnt's:HOme SSb. Facility Name (N not-1'nstituti°n, gwa ,treK and bar; • SSC. CI H - Other (SPecify) Select Specialty.Ho6 ita1 ~'°r TO`^' •spt. and zlP C°da 1stl. cepntY °f Death - p Camp ,.Hill, PA17011 Cumberland i6s. M thod of DlsposKion Burial Cremation 16b. Data of DlsPOSitlon - 16c. Plaea of Disposition (Name of cemetery, crematory, or other place) Q R moral from State Q Donation oen.r(sPe<Ny) Aug. 14, 201 Willow Grove Cemetery Z 16tl. Lo H DI DosKlbn; C Town, Sta and Zip) I7a: Signature' uneral' ervlu~nsae or Person In Chsrp of Interment 17b. Vicense Number t~arr~s~urg ~A 1711~~ FD 01192:1 L 17c.Name andCom late Address of Funeral Facility Hoover FPuneral Homes & Crematory"Inc., 601T Linglestown Rd ~ 18. Decedent's EtluuHOn -Check the box [hat bait describes the 19. Dec d rat of Hia Harrabur PA ]. 7112 highest degree or level of school completed at the elms of death. box thK best describeslwhetherfhe decadent the decadent coRnsltlercd himseN or herself to be. to indicate whK Q 8th grade or lass IS Spanish/Hispanl</Latino. Cheek the "NO" Q No diploma, 9th - 12th grade box 11 decedent Is not s Ke Q Korean Q High school graduate or GED complKed panlsh/Hiapanlc/Latlno. Q Black or African American Q VlKnameae Q Some college credit but no degree • ^ot Spanish/Hispanlc/Latlno Q gmeriun Indian or Alaska Natlye Q Other Asian ssoelate tlegrce (a.g. AA, AS) Q Ves, Mexican, Mexican American, Chicano Q Asian Indian Q Yes, Puerto Rican Q Ghlnese Q Native Hawaiian <s elor's degree!(e.g. BA, AB, BS) Q Yes, Cuban Q Guamanian or Chamorto tar's degree ( .g. MA, MS, MEng, MEd, MSW, MBA) Q Vez, other Spanish/Hispanle/Latino Q Filipino Q Samoan Q Doctorate (a.g. PhD, EtlD) or Professional degree (SOe<(~) Q Japanese Q ether Pacific Islander . MD DDS DVM LLB JD Q Other (Specify) 21. D cedent's Single Race Self-Designation -Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a. Decetleni's Usual Occu hlfe Q Japanese Q Samoan Patton -Indicate type of work B ack or African American Q Korean Q Other Pacifle Islantler done during mos[ of working life. DO NOT USE RETIRED. D Q American Indian or Alaska Natlye Q Vietnamese Q pon't Know/Not Sure Civil Q Asian Indian Q Other ASian Q Refused Engineer Q Chinese Q Natlye Hawaiian Q Other (Specify) 22b. Kind of Business/Industry Q FIIIPI^° Q Guamanian or Chamorro u . $ . GOV t . _ ITEMS 29a - 2Bd MUST BE OMPLETED 23a. Oste Pr u ce Dead Mo Day r) 23b. S n Ye of P ri n Pronounein ath BY PERSON WHO PRONOUNCES OR ~ ~ n n app leable 2~.~ a y! (ruin a~ CERTIFIES DEATH ~ n w e ~V ~ VP 7t/OOp 23d. Date `gne' (~/DaY/Vr) 24. Time o Da h (~1 ~r~/ - 0.,~ ~~~ /J a / I~OO 25.Waa.M~tlleel Examiner °rCeroner COntacted7/"`/ ~~ S•7~j3B" CAUSE OF.DEATH - Q vas -.'NO _ 26. Part 1. Enter the chain of ,e nt~__dizeases, Injuries, or compllutlons-that tllractN caused the death. DO NOT enter terminal events s has cardiac arrest. APpr° lamate respiratory arrest, or vent Icular fibrillation without showing the etiolo 4~ x Irate I: _ - ~ r, gy. DO NOT ABBREVIATE,. Enter only one uus a Iln Atltl ad7tlional linos N necessary Onset [o Death IMMEDIATE CAUSE --_____ ~ ~~' ~ p ~` \~1~®. 1V't ~ ` : (Final disease or condition ~Q i resulting in death) t (° rA p enu of). b. SequentlalH I(st<ontlitlons' oue to (or as'a copse trryce o if anY, leatlhtg ib the Cause Vu. ~ listed on Ilne a. Enter the i VNDERLYINGGVSE .:J (dlseaatrar injury that Due to (or as a consequence of): 1 in KlKetl the events rtrzuliinE d. - c In tleath)LAST. j ~ - Due to (or as a consequence of); 26. PaR 11. Enter other zianiflca t deft Y Ib i d but not resulting In the underlying Ouse given in Part I ' f 27. Waa an autopsy pertormadt _ ~' Vas No 2H. We autopsy flntlings available to < pl t th y se of tleath7 29. If Fem I u Q Not P eg rat ithl 30. Dld ToLitreeo Uze Contribute to Deeth7 ~ 31. Manner of Death V No past year Q Yes Q Probably Q P E t t tl ofd th tt~~s~~° sturol Q H ml id ~ Q Not P t t b t P Errant wiMln 42 days of death ~"i'- Q Vnknown ~'4ecident 1 sL atlon Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of in)ury (MO/Dey/Vr) (Spell Month) Q Suleltla Q Unknown If pregnant within the Past Year 33. Time of Injury EXHIBIT 34. Plau of Injury (e.g, home; construction site; farm; school) 35. Location of In u J ry (street and Number, Clty, State, 21p Cod 36. Inlury at Work 37. If Transportation Inlury, SPecNy: Q Yes Dreyer/O 38. Describe HOW Injury Occurrctl: Q No Q Pastor Q Pedestrian Q Passenger Q ether (Specfy) 39a. CeRifler (Check only one): Q Ce ^lo I^g physl<lan _ To [he best of my knowledge, death otcurrctl due to the cause(s) antl msnnK stated .~~ ° ing 6 Certifying physician - To the best Of my knowledge, death occurred at She time, data, and pbce, and due to the cause(s) and manna Q Medical Examiner/Coroner - t saes xaminatlon, and/or InvastigaHOn, in my oplnien, death oc^<urretl at the time, date, and piece, and due to the cause(s) and manner stated Signatu a of certifier: a TKIa of certifler:~~ .J 39b. Name Adtlrez and 1 de bf Parson Completing Guse of Death (item LI<ense Number: ~~ [~"~ V ~ ? ~ `~ -~t ~ ) _ 39 DKa Signatl ( Day r) 40. Registrar s Dlstr et Num er 41. agistror z Signature ® `~ G `~ ~..~ ~~ ~ r 42. Reg attar FI a K Mo Day r 43. Amendments - ~ ~.. _ 1 i+~ Dlsposkion Permit No. f17 AF.7 R6 H305-143 REV 07/2011 N/19iG6 t LAST Tn7ILL AND TESTAMENT OF ARTHUR R. SHOPE, JR. I, ARTHUR R. SHOPE, JR., now of Reston, Virginia, declare thi. to be my Last Will and Testament, and hereb ~ Y revoke any and all other Wills and Codicils which I may have previously made. FIRST: PAYMENT OF DEBTS AND - <19 .~rh. EXPENSES ~~.~~~ l i ~, tti ~ ~f ~ e t~,•~ I direct ~/~~a~v,~ w.ii .sue Gir ~.~&/ q~~~ the payment out of my estate f my/funeral expenses g includin the cost of a suitable marker for m , Y grave in Indiantown Gap Memorial Cemetery in Pennsylvania, without the necessity of th subsequent a e Pr1or or pproval of any court as to the amount thereof, and without recxard to any limit prescribed by law, and of the expenses of illness and all of m mY last y just debts as to which there are no defenses in law or equity at the time of my death. SECOND: PERPETUAL CARE AND MEMORIALS I direct the payment out of my estate of the cost of th perpetual care and maintenance of the burial plot in which I sha e buried should arrangements for the same not have been con 11 be for at the time of m eluded and paid y death. THIRD; PERSONAL EFFECTS All of my clothing, jeweirY, personal effects, articles c household use and ornament, furniture, automobiles and oche - r tangible EXHIBIT 9/Z9/Ob i J personal property of like nature which may be owned by me, to et all policies of insurance relating thereto g her with I bequeath to my sister and brother, Lois J. McGregor and Robert C. Shope, who surviv divided as they may agree within six e me, to be {6) months of my death, or, in the absence of agreement, then as my Executors may determine t fair and equitable division of said propert ° achieve a Executors, in their sole discretion y~ or, ~n,the alternative, my may sell such personal property, and distribute the proceeds as part of the residue of m reasonable cost of Y estate. The protecting, appraising, parkin g, storing, shipping, cleaning, deliverin and insurin g g all assets disposed of paragraph, including costs incurred before the issu in this ance of letters testamentary, shall be paid as an expense of administerin m g Y estate. My Executors may distribute property passinq to a minor un this article to the minox or to an der Y person to hold for the minor; and a receipt signed by such person shall fully discharge my Executo property to which a minor would thus become entitled which m rs. Any thinks not to be suitable for said minor's use shall Y Executors be sold, and the proceeds distributed as part of the residue of my estate. FOURTH: RE__.SIDUE I give, devise and bequeath all the residue of my estate, re , and personal al to the Arthur R. Shope, Jr. LIVING TRUST, which was created by me on the ~ day of ` ~ dCS ~" 2 0 a~, have and to hold, IN TRUST, for the uses and p L_. pur oses and subject to the 8114/AS ! ~ terms and provisions thereof, including any alterations or amendments thereto, or any other inter vivos trust which may hereinafter be substituted therefor, as existing at the time of my death. FIFTH: PROTECTIVE PROVISIONS The interests of the beneficiaries hereunder shall be free from anticipation, voluntary or involuntary alienation, assignment, pledge or obligation, and shall not be subject to attachment, execution or other legal process. SIXTH: DISCLAIMERS At any time before receiving any asset under this Will, each beneficiary is authorized to disclaim all or any part of that beneficiary's interest under this Wili. From time to time after receiving any asset under this Will, each beneficiary is authorized to release all or any part of that beneficiary's remaining interest under this Will. In addition to any other method of disclaimer or release recognized b_y law, a beneficiary may disclaim or release any interest under this Will by delivering to the Executors an acknowledged instrument to that effect. The executors or administrators of a deceased beneficiary are authorized to similarly disclaim or release any interest of the deceased beneficiary, without authorization or approval by any court. After any disclaimer or release, the interest under this ?ill which has been disclaimed or released shall be administered and :distributed as if that beneficiary did not survive me. 8/14/06 { ) SEVENTH: DEATH. TAXES A- I hereby direct that all estate, inheritance a other death taxes and an interest and nd any Y penalties thereon to the property formin m with respect 9 Y gross estate for tax purposes, whether or not it passes under this Will (but excluding (i) any additions l tax imposed on any generation-ski PPing transfer under Chapter; l3 of the Internal Revenue Code or any corresponding provisions of state law additional tax imposed under §2032A of the Internal Rev' or (ii) any amended, or correspondin enue Code, as g provisions of state law) shall be paid out of the principal of my general testamentary estate without a in the same manner as an administrative expense, exce t PPortionment, be provided in m P as maY otherwise y above-mentioned Trust, or as may otherwise be provided in my beneficiaries' Will or any trust established b other trust. All such taxes on present or future Y them, or in any interests may be paid at such time or times as my Executors thinks best. There s contribution or reimbursement from, hall be no proration to or apportionment against any beneficiary or any other person owning or rec asset which is subject to estate taxes but which does n eiving any this m of Pass under y Last Will and Testament. B• I hereby direct that anY generation-skipping tax (including interest and penalties thereon) imposed by reason 13 of the Internal Revenue Code or correspondin °f Chapter g provisions of state lake with respect to property passing under this Will, or otherwi se, shall be ~ _ -~~ 8/14/06 ( ) paid as provided in §2603 of the Internal Revenue Code amended. as revised or EIGHTH: FIDUCIARIES ' POWERS My fiduciaries shall have the following powers in add' those vested in them b ition to y law and by other provisions of my Will applicable to ali property, whether principal or inco Property held for minors, exercisable without court a rne, including in their fiduciar Pproval, but only y capacity and far the best interests of the beneficiaries: (a) To retain and to invest in all forms of real personal property, regardless of investments b (1) any limitations imposed b and y fiduciaries, (ii) any principle of law Y law on delegation of investment responsibilities by fiduciaries principle of law concernin concerning g investment diversification. ~ or (iii) any without order ofbcourt or consenteof anlms b y or a ainst y beneficiaryg the estate property as securit To borrow money from Y for repayment of an any source, and to pledge y funds borrowed. (d) Ta {i) participate in an affecting securities held hereunder at an Y merger or reorganization under voting agreements; {iii) to exercise an e, {1~) tO deposit stocks stocks, bands or debentures; and Y option to subscribe for otherwise, to vote shares of stock) to rant p g roxies, discretionary or mort a e {e) TO manage, operate g g lease, exchange sell ar otherwise depelop or dispose =eai or personal ~ Improve, and for such per od P a d in arivateeoror such of anY fiduciary deems appropriate. P public transactions as m terms y said real or (f) To sell {and to grant options for the sale of personal property, at public or private sale, for such ) any prices -_ /~-~ E~I19iD6 { ~ and upon such terms, includin or purchase-money security interes granting of a purchase-move any part of or all of the {with or without subordinatiton)gfor proper, without liabilit on P he base price, as my Executrix ma the purchase money, Y Purchasers to see to the a Y think pplication of fiduciary in thegnameoofeainominee or i2 es and other pro ert n bearer firm _ P S' held by my or Trustees under) then abovementioned L .° ,Sell Property to the Trustee Pledge Property as security for re a wing Trust., or others P Yment of any funds borrowed and to as income tax oriestateutax deductioative or other ns, and to valuepm~SeS of my estate Purposes by any optional method Y estate for tax die, without requiring adjustmentseamonted b Y the law in force when I g beneficiaries affected. {J) To make distribution of kind, or partly in cash and partl in kind Prlnci al on the basis of equal value as of the date of dirt •p ~ in cash or in not necessarily ratabl the sole judgment of m ribution accordingbto y said fiduciary. {k) To deal with the stock of an partnership or any other business interest formin close corporation, an and in so dealing {i) to disregard an g a Part of the estate Y diversification, and to retain an Y Princi le as necessary or a Y Part or ail of su h interestvastlong ppropriate; (ii} to sell an interest at such time or Y Part or (includin times, for such all of such g Persons who are fiduciaries or beneficiar~iesohereunder) a on such terms and conditions as ma Persons that may seem advisable with respect t o t heioperation or nd • {iii} to do anything any such business or any change in the pur ose any such business; P nature oristractu~e of stockholder, manager, agent to delegate authority to an from the business of adequateacompensationl to anand to a Y director, borrow money from the bankin PProve payment regardless of any rule of law W3ahPrespect t©f an y such person; (v} to to make additional investments in an conflict of a nte~edtciary, desirable for the best interests of such business if such action seems thereof; and (vii mY estate and the beneficiaries hereunder my fiduciary shall have the sam d that in making decisions have. e freedom of action that I now {1) To exercise, at such times and in such manner a s 8/19!06 ( ) they shall deem appropriate, an which from time to time ma Y rights of election or the provisions of the Internala Revenuee Code hor under or °ther rights regardless of whether their decision in a in respect of °f any other tax law most advantageous one from the Particular case ma or from the point of view of anPornt °f view of my estate as an be the interest therein, and, without limitinon or grOUp of entity to make such decisions as g the Persons having any they ma deemenarality of the foregoing, circumstances in respect of Y PAropriate in deductions for income tax purposes, or 9 nerespect of all the tax return or. returns other items as or the collection of any refund eceivable i P r filing any income Yment of any tax payable returns. aspect of such return or (m) To elect to defer payment of all estate taxes pursuant to an or an and to enter into an Y Provision of law permittin Y part of my taxes, even if doing so aextends the scat to of li g that deferral, y to defer payment of of whether sufficient funds are available with which Colons those when due. ~ regardless PaY those taxes (n) To continue the election b securities of which are in my estate, to be taxed as an S Cor defined under the Internal Revenue Code of 198 Y anY corporation, the to any amendatory or su 6, as amended poration as corresponding state tax law•pplemental federal °r Pursuant it was not in effect at m and to consent to makln islatzon or any income taxes Y death, even though doing that election if payable by my estate. g so increases the value for the use for whichcitto value real propert to enter into any agreement negessaryeto mak Y 1n my estate at its qualified real property, and e that election. (p) To disclaim any asset, power of a interest in property to which I am entitled at m estate later becomes entitled, to minimize taxes PPointment or other Y death, or to which my by my estate or the beneficiaries or for an eStlmated to be benefit my estate or the beneficiaries. Y other reason whiPh Ywbll (q) To retain cash uninvested one or more savings or checking accounts with any bank and to open and maintain associations, or building-and-loan associations; to the credit of any of those accounts ~ savings-and-loan remain on deposit in those accounts• deposit assets tc and to permit those assets tc > boxes for the safekeeping of assets; tO lease one or more safe-deposit _ -~~. A/14/05 ( } (r) To designate any person as ancillar of my estate in any jurisdiction where it is necessar there to be an ancillar y representative representative any rights and discretions which are y or advisable for grant to that ancillary which are advisable; to determine whether that ancillary re re shall serve with or without bond, to determine t granted in this Will if an he amount of thattbonde y, and to determine the character of any security for that bond (s) To emPl©y and compensate such a necessary or appropriate for the pro er a PPraisers as deemed estate, and to do so without liabPlit PPra~-sal of the assets of the misconduct or default of any such a Y f°T anY: ne lect selected and retained with reasonab 1e care g omission, provided such appraiser was relates to the valuation of any asset shall bey Penalt long as the fiduciar Paid from athesestatelso y selected such appraiser with reasonable care. Et) To allocate any of my unused federal skipping transfer-tax exemption to an generation- transferor for the purposes of such tax property of which I am the this, my bast Will and Testament) (whether or not passin such allocation, and to make any related election,sall as m g under in their sole and conclusive discretion deem property from any equitable. No most advantag ousarand shall have any plaim against my f duciariesa orfer of an for equitable reimbursement, or an y such property my estate, or any claim y other cause. NINTH: ADMINISTRATION EXPENSE PROVISION If any election to do so is provided by law, I direct m Executors to claim an ex enses of administration of m y Y p tax deductions upon an income tax return or return Y estate as income extent that in the sole judgment of s whenever and to the my Executors such action will achieve an overall reduction in the income taxes and inheritanc and succession taxes for e, estate the benefit of mY estate and of the beneficiaries hereof. I further direct that no compensatin a as between income and g d~ustmen~s principal accounts shall be required or made as a x/19/06 j ) result of such actions. TENTH: APPOINTMENT OF_EXECUTORS I hereby appoint Lois .7. McGregor. and Robert C. Sho e survivor as Co- Executors of this m p °r their y Last Will and Testament, Executor appointed b The last y the Testator, who is serving as such, ma designate his successor(s) in a writin Y hereunder or in his Will makin s g delivered to the beneficiaries 9 pecific reference to this power. In the event that any successor Executor is thereafter unab to serve or for an le or unwilling y reason ceases or fails to serve hereunder, such vacancy may be filled b Y an individual designated in writing by a majority of the remaining Executor(s) and beneficiaries hereunder, ELEVENTH: WAIVER OF BOND I direct that any fiduciary acting hereunder shall required to enter bond or other securit not be Y ~.n any court or which said fiduciar ma jurisdiction in Y y be called upon to act, TWELFTH: DEFINITIONS The term "Executors Co-Executors" and any word used indicate my Executors shall be to deemed to include and apply to my successor Executors whenever they may be acting hereunder, a seemed to ap 1 nd shall be p Y to the singular or plural and to the appropriate gend as the case may be, er, a ~ IN WITNESS WHEREOF, I have hereunto set my hand and sea _____ day of ~} V .-~' 2fl~, 1 this -a_ ~~~ 8/19106 { ~ ~t~ ~ ..~ ARTHUR R. SHOPS, JR. (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by ARTHUR R, as and for his Last Will and Testament, in the his request, and in his presence Presence of SHOPS, JR. have hereunto subscribed our names asdw tnes eS, us' `1'hO' at presence of each other, N E ~ °~ ~ y i evw-~, V ~ adt ~L Da e ADDRESS ~- iCfAl r ?ati~ ~ '7•` `-? ~ D. e ADDRESS NAME ~ Date ~~ ~~--=-i ~ ~~t t ~=-- HllllRESS C:\DOCUments and Settings\workstation\t~y DocumentslLAST WILL AND TESTr~N1ENTOFARTHLIR R.Errr R/14/06 ! t I, ARTHUR R. SHOPE, JR., Testator foregoing instrument, having been dul ~ whose name is signed to the hereby acknowledge that I signed and executed the instru Will; that I signed it willin 1 y qualif3ed according to law, ment as m d° voluntary act for the purpoSeS ~hered tehXptrelssed~ed it as m Y Last y free and ARTHUR R . SHO E -~. We, m ~ J the foregoing instrument, the W1tnesses whose and depose and sa being duly qualified acc rdin re signed to y that we were present and saw g to law, execute the instrument as his Last Will; that he si ne do that he executed it as his free and voluntar the. Testator sign and therein expressed; that each of us g d willingly, and Y act for the purposes Testator, signed the Wi11 as witnesses. the hearin knowledge the Testator was at and that g and sight °f the of sound mind that time eighteen orto the best of our and under no constraint or more Years of age, undue influence. COMMONWEALTH OF VIRGINIA ; COUNTY OF ~,,~ l ~ -~C~~ = ss Sworn or affirmed to and subscribed JR the Testator, and this y~l day of and ~(t _~~~ ~ 5~° 2 0 ~ SHOPE, ., witnesses, WITNE S; coDlc.~, To ~vII,~. O~ ARTHt~R ~. sHOPE. ~. 1. Arthur R. Shope, .ir., of the Reston, V' my will heretofore executed by rrte on A ~~' make this my first amendment to ugust 24, ~~_ First; Article THIRD is hereby amended and restated. in its entirety to read as follows: THIRpk: PERSOI*lAL EFFECTS All of my clothing, jewelrY~ pezsona! effects, art~eles of household use and ornament, furniture, automobiles and other flan 'ble which may be owned by ~, together with all ~ personal property of like nature bequeath to IViatthew 1VScQr or and Robert C ~h c;es of instu~ce relating thereto, I within six ~ ~9 to be divided as they may agree (~ months of my death, or, in the agreement, then as::m determine to achieve a fair equitable division of said. y eeutors may Executors, in their sole discretio ~o~y' °~~ ~ ~ albnative, my proceeds as ~ ~Y sell sum personal p~> and distribute the part of the zcsidue of my estate. The reasonable cost:of protecting, appraising, p~ackin~ ~ ~PIP~ meaning, deliv disposed of in this eying anal idsuring all assets testarrzen ~h' including costs incurred before the:issuance of letters Lary, shall be paid as an expense ~~ my estate. Nfy Executors may distribute property g .~ a mincer: minor or to any person ~ hoId for the ~ this article to the full disc minor, and a ~iPt signed by such person shall y barge my Executors. Any prope~y to which a minor would thus become entitled which my Executors thinks not to be suitable for said minor's use shall be sold, and the proceeds dis#nbuted as part of the residue of my estate, Second: Article TEA€TI-I is hereby amended and rystated;~ its entirety to read follows: ~ TENTH: APPO~IN~NT OF EXECUTORS 1 hereby appoint Matthew 11+1cGregor and Robert C. Shoff or ~~ survivor as Co- Executors of this, my l..ast ~~ a€itd ~-~~ The Is~st Executor Testator, who is serving as such, ~y desigi~ his aPP°inted by the the beneficiaries hereunder or lit his Will s~w~aesso~s~ ~'° a writing delivered to event that any suer Executor is ther~e~g ~~~nce to ~ power. In the reason ceases or fails to serve hereun.~~ such v ~ tO serve or for any designated in writing by a n-ajority of the re ~~ ~ be lolled by an individual hereunder. mpg Ex+et:utor(s}.and beneficiaries Thia-d: In aII respects not hereinabove altered, I rat€iy and coniuzm my last ~ EXHIBIT c wrli. It~T TESTIIVIflNY i~HEREflF, I nave set my hand ,and seal to tl~,is amendment to my last will, such amendment consistrng of 3 ~.~i whiciZ i Dave placed my init2als forsec -" typevu~ritten pages' and on all pages _~7C.1 F~ ~ (f jC- ~~ gild identiflCa~EOii ~ da,~r O~ ~f~ . Signed, seal Arthur R. bhop~ fir. ed, published and declared fox and as an amendment to his last will by the testator in our Presence, we all being Present at the same time• and at his nec}uest and m the ~ and we, in his presence Pfesence of each at[rex, have srrbscritied our names as witnesses whereof, all Qn the date last above written. ~~~C` ~ Y yY~ S~P~ -t/~c~ fly' `~ ~[' S ~ ~ v'~ 1,,1~} ~t~j ql , f i..~ t COMMONWEALTH OF VIRGIN .before me, the undersigned authoaity, on this day personall Jr.. ~ u i ~ -~L~ ,r ~' appeared Arthur R._ Shop:.. to be the testator anal the witnesses, veld where ~ r known to me foregoing u~str'ument and, all of these y' names are signed to the attached Shope, 3r-, the testator, declared to me and o ~e ~g by me fit duly swam, Arthur R. instrument is an amendment tb his last will and ~~~ in rn~y F-nesence that said testament and that he had willzn signed and execrated it in fhe presence of said witnesses as his fL'£e giy the purposes therein expressed; that mid witrt and voluntary act far amendment was executed azrd aelmowl esses stated before one that the foregoing will and testament in the wed by the testator as an arrrrendment to his last presence of said witnesses who, in hi,s:~ce and at his request, and in the presence of each other, did subscribe their nairnes witnesses on the day of the date of said amendment, and that the # thereto as attesting the exe~eration of said amendment, was osier the age of eighteen ~=eazs and of so d and disposing mind and memory. ~R~~~3CTR R. SHOpE, 3R., Testator t y ;~ .. ,~ ~, ,. .~~ `'~,~ }tress Subscribed, sworn. and acknowledged before me by Arthur R. Shope, Jr-, the to and subscn`bed and svsrom before me b stator, Y ,n P ~- •ro uS5 a .~-~ and "" ~ '''^ ~ ^ c~ wttIIesses, thaS i St ~ ~- ~~--- y of ©c~al-~~,.- , M rotary blic ~~ y commission expires: / ~ ~ Cae-~ ~ y ~otttro t~- Gomrrtr~pp ,tas 3i. 2811 ~l ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: Arthur R. Shope, Jr. Late of Cumberland County, No. Pennsylvania, deceased VERIFICATION I, the undersigned, Matthew H. McGregor, Jr., affirm that the facts c t on ained herein are true and correct to the best of my knowledge, information, and b statement is made subject to the penalties of 18 pa, C elief. This S. Section 4904 relating to unsworn falsification to authorities. Dated: ~ ~ ~ , 2012 Matthew H. McGregor {00635270/1} AFFIDAVIT OF SERVICE On this - i ~ _ day of ~'C ~1~_ true and correct co 2012, the undersigned avers that a py of the foregoing petition was served, via first-class prepaid, upon the following: mail, postage Jeanne Ptaszenski 364 Prospect Avenue Bridge Port, PA 19405 Daniel McGregor 38 Creek Road East Berlin, PA 17316 Douglas Shope 502 18`h Street Huntington Beach, CA 92648 Matthew H. McGregor 52 Creek Road East Berlin, PA 17316 Robert C. Shope, Jr. 3685 N. 4`h Street Harrisburg, PA 17110 CGA LA W FIRM By: /~ Leanne M. Miller Supreme Court I.D. #207993 13 S North George Street York, Pennsylvania 17401 717-848-4900