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HomeMy WebLinkAbout02-05-13PETITION 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: Cheryl L. Scheer Decedent's Information Name: Eugene B. Scheer File No: 21-13 ~- a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 02/01/2013 Age at Death: 81 Decedent was domiciled at death in Cumberland County, pA (State) with his/her last principal residence at 4833 East Trindle Road, Apt. 501, Mechanicsburg 17050 Hampden Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1701 Linglestown Road, Harrisburg, 17110 Susquehanna Dauphin PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ...................... All personal property $ 4,999.00 If not domiciled in Pennsylvania ................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ................ Personal property in County $ Value of real estate in Pennsylvania ................................................................... $ TOTAL ESTIMATED VALUE $ Real estate in Pennsylvania situated at (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated thereto dated 4,999.00 County _ and Codicil(s) State relevant circumstances (e.g., renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d. b. n. c.t.a., pedente lite, durante absentia. durante minoritate If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. 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. ^ NO EXCEPTIONS ^ EXCEPTIONS 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 (attach additional sheets, if necessary): Name Relationship Address r~- ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~ ~ ~~ ~~ _.,y,~ w `*y~.~ "".~+.. Form RW OZ rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Grp, Inch t~- ~ ~~~ ~"' Cri ~ ~~ ~ 08/10/2011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland } SS: } Petitioner(s) Printed Name Petitioner(s) Printed Address Cheryl L. Scheer 716 3rd Street NW Rochester, MN 55901 Official Use Only r`'~y ~~ C.,~~ ~ ~ ~ ~ .._ ~ C"1 C37 ~ CI"~ .•... _ ~,7 ~,. ~ -... C3 ~ ~.:~ `... +p c~ .,- ~` The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and corre~to the best otEth~ kno0ole~ and belief of Petitioner(s) and that, as Persanal Representative(s) of the Decedent, Petitioner(s) will well and truly administer the ewe accordi?itj to law. Sworn to affirmed ands scribed before y ~= ' rt'~---~~ ~ Date ~ -`' - C,~l me this h da of ~~~ ~ Date By: ` .'~~ Date For egister - Date BOND Required? ~ YES 3~ NO FEES: Letters .......................................... $ 30.00 ( 2 )Short Certificate(s)......... 10.00 ( )Renunciation(s) .............. ( )Codicil(s) ........................ ( )Affidavit(s) ...................... Bond ............................................. Commission .................................. Other l ~1 ~% / - .~ , V (.l __ =c~U _, Automation Fee ............................ 5.00 JCS Fee ....................................... 23.50 TOTAL ......................................... $ 68.50 To the Register of Wills: ~,--- riease enter my appearance by my signature below: Attorney Sign e~ ~ ---- Printed Name: Edward P Seeber Supreme Court ID Number: 76084 Firm Name: _ James, Smith, Dietterick 8< Connelly, LLP Address: Suite C-400 555 Gettysburg Pike Mechanicsburg, PA 17055 Phone: 717-533-3280 Fax: E-mail: eps@jsdc.com DECREE OF THE REGISTER Date of Death: 02/01/2013 Social Security No: Estate of Eugene B. Scheer File No: 21-13 '-" ~ '~ a/k/a: - , AND NOW, ~ ~ ~`GL-lZf/~ ~c~ ~..~. , in consideration of the foregoing Petition, satisfactory proof having been presen ed before me, IT IS DECREED that Letters Testamentary are hereby granted to Cheryl L. Scheer ` ~~ in the above estate and (if applicable) that the instrument(s) dated 08/10/2011 described in the Petition be admitted to probate and filed of record as the I~~~ (and Codicil(s~ of Decedent. ( , ~ Register of Wills /}7 Copyright (c) 2011 form software only The Lackner Group, Inc. .-~''. . ~~ 2 Last Will and Testament of EUGENE B. SCHEER I, EUGENE B. SCHEER, the Testator, a resident of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. Article One Introductory Provisions Section 1. Marital Status I am presently unmarried. Section 2. Children I have four (4) children whose names and birth dates are as follows: Name BOYD L. SCHEER ANITA M. SCHEER KARL A. SCHEER CHERYL L. SCHEER Birth Date March 19, 1954 October 18, 1955 March 4, 1959 August 18, 1965 All references in my Will to "my children" are references to these children ~ r-~} ~ ~ co `"`' rn~ ~ ~ ~ ~ rn ~ w _ ~ ~ ~y.r ~~~~ ~~''~?~ ~ ~ ~ ~~ ~~ _ _..~ - , ~,.~ to ~ ~ r~ ~~ Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: CHERYL L. SCHEER; then KARL A. SCHEER If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: EUGENE B. SCHEER LIVING TRUST dated September 11, 1997, and any amendments thereto Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes", as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code § 4980A. b. Any additional tax that may be assessed under Internal Revenue Code § 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, a consisting of five (5) pages this ~_ day of August, 2911. r _~ ~ _. .,-~ / EU EVE B. SCHEER SIGNED, SEALED, PUBLISHED and DECLARED by EUGENE B. SCHEER, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. -- m~_w._.__. , Residence ~ ~,, _ __i ~, .~ --,,. _ ~'~r~ ~- Residence ~~~Ic, ~~ ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Cj We, EUGENE B. SCHEER, ~,~ j - ) (~-t° ~..~,,..----~- and A ~ t t ~ ~ 1-~ . ~-~. ~~ 1-1~ ~ ~ t , ~. ,Testator and witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of his/her knowledge the Testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. ,. ~.-.- f- J,r. •_y=EUGENE B. SCHEER Testator WITNESS ~~ WITNESS Subscribed and sworn to and acknowledged before me by EUGENE B. SCHEER, the Testator, and subscribed and sworn to before me by ~ `~` ~:W~~ ~,, ~ t ~-~ ~~ ;~ ~.,~` and ,~ _, - ~ -~a+~~ . ~ l ~~~"3 ~~ ~ -`~ ~~ ,witnesses, on this ~ ` t ~"da of Au st 2011. Y ~ e+~~l~ i~~ ~= 1~~~~~v~~ Cheryl !.. ~k~r, Ncr°Y Rublic Upper Allen ~`wp,, Curnberriand ~ ZO 5 My GttimmlS5lon ~tpit~s Tan, 13~ NoT~s MEMBER, pENNSYI-VANIA ASSOCIAn~ !A -,: ovary Public