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HomeMy WebLinkAbout02-06-13Reset REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who isJare 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information 1 Name: Donald A. Shoff File No: T ~ / _ a!k(a: Donald Alan Shoff (Assigned by Register) a/k/a: afk/a; Social Security No Date of Death: January 27 2013 Age at death: 80 PETITION FOR GRANT OF LETTERS Decedent was domiciled at death in Cumberland Cotmty, )snBSylvania (ware) with hislher last principal residence at 304 East Elmwood Avenue Borough of Mechanicsburg Mechanicsburg PA 17055 Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died a[ 1701 Linelestown Road Susquehanna Townshio Harrisburg PA 17110 Dauohin Pennsvlvania Street address, Poat Ofnce and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: /jdamicaed in Pennsylvania .......................... . .All personal property $ 200,000.00 /f not domiciled in Pennsylvanda ....................... . Personal property in Pennsylvania $ Ijnot domiciled in Pennsylvan(a ....................... . Personal property in County $ Value of real estate in Pennsylvanla ..................... .................................... $ TOTAL ESTIMATED VALUE.... $ 200.Q00 00 Real estate in Pennsylvania situated at: (Anach addit/onal sheets, ilnecessary_) Street adorers, Poat Ofnce end Zip Code City, Townahlp or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitionerts) aver(s) he/she/they islare the Executor(s) named in the last Will of the Decedent, dated thereto dated none. Shirley R. Shoff. Decedent's surviving suouse, renpunced in favgr of F and Codicil(s) State relevant drcumatances (e.g. rrnunctadoe, demh ofearcutog etc) Except as follows: alter the execution ofthe instrument(s)otferedfor pcobate Decedentdid not marry, was notdivorced, was notaparty toapending 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 adjudicaed an incapacitated person. Q 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., pendente lice, durante absentio, durance minoritate If Administration, c.ta or db.n.c.ta., enter date of Will in Section A above and comAlete list of heirs, Except as follows: Decedent was not a parry toapending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated 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 s~tse (ifany) ati~eirs (~afh additional sheets, if necessary): ~ O -rt G? p ~ r-n Name Relationshi Address Rt S n -'i z~ rn z r y °~o -n ~ r, r ...t t- a rv 6orm RW-oz rev. lonl~zol! Page 1 oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF Cumberland l Official Use Onty The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to thebest of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, a Petitioner(s) will wall and truly administer the estate according to law. Sworn to ffitmed a ubscribed before ~y ~ ~`p Date ~joT meth' day ~ ¢ ,~/ 5 Date T~(' Date 1 ~F Register Date BOND Required: Q YES f!t N0 FEES: //__ Letters ...................... ( 25) Short Certificate(s)..... . ( ~) Renunciation(s)......... ' ( )Codicil(s) ............ . ( ) AfFdavi[(s)........... . Bond ........................ Commission ................. . Other ~~........ / S r v Automation Fee ............... ICS Fee . ................... 3 .''~~''~~~p'jp'~ TOTAL ..................... $~~~rG~ J "' To the Register of Wllls: Please enter my appearance by my signature below: Attorney Signature^: ~" V ~ Printed Name: Keith O. Brenneman Supreme Court ~}? ID Number: 4704=t ,-~; n w ~rn Firm Name: Snelbaker & Bre n~~, P. C. -4 ymya- Address: r''~ -- . Merhanieshnrg P '~, -t CJ ~ Z ~ ~ L'] ~ ~ 9c ' C Phone: 717-697-8528 e7 C7 =A ? Q T -n Fax: 717-697-7681 'Tt 6 .^,~ Email: - ~ f--' i CT ~ ~ ~ O N DECREE OF THE REGISTER Estate of Donald A. Shoff File No: ~r ~ { / `~ / ~J a/kfa: Donald Alan Sho / AND N ~' ~~ ! ~ , in consid tali n of the for oing Petition, satisfactory roof h n been present before me, IT IS DECREED that tters are h eby granted to s~ YlY o f r5~•-~. in bove estate if appli able) that the instrument(s) dated t; described in the Petition be admitted to probate and filed of~c d as th la W' (and Co ' l(s)) f Dec nt. r' ill/hill (/_ ~ l ne..~ r n~ ~/A 1 ~1.~ ~ Form RW-02 ter. rmuizor r i / Page ~2'of 2 FSF FaNXyryamalllmrlnarXrmpn,p Ne6taW.wmbrl [L. (Ihuigm, Hne. and pp Code 96 LOUnryo/Dnm Carol Croxton 51=ro Lce Narci PA 17110 Da in M. 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M6nnaM NBemn[anpMlry4w CNMllum [61 li l ® ~ 3%Wq,~w Mp/Ory 1 I ~~ I p l -0 ~ H/tL p NomRr NO&ta^h'77/-D /ZT~'IrvOLl /qt S.grynrrNF p ay r .3 Nme,«,.m, -- olmpxiarr FBrwnxe. 0819565 BrvornmP RENUNCIATION REGISTER OF WILLS REGORDEa Oc~4GE OF REGISTER OF ~'iLl_S 2~i3 FE8 6 ~~ ~' `~2 CUMBERLAND COUNTY, PENNSYLV.~I~K Gr ORPHANS' GOURT 0„ PQ Estate of Donald A. Shoff ,Deceased I, Shirley R. Shoff , in my capacitylrelationship as (Print Name) surviving spouse and named Executrix of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Anne E. Burgard, daughter of Decedent. February 4, 2013 (Darel Executed in Register's Office Sworn to or affirmed and subscribed before me this day of /{ ~2!/GL~./~ll ~ ~ a~~ rureJ ~ - 304 East Elwood Avenue (Street Address) Mechanicsburg PA 1?055 (City, Smre, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this '1'r`~ day of YE~~u~~`~_ Z~6J3 Deputy for Register of Wills Farm RW-06 ter. 10.13.06 Notary Public - My Commission Expires: r r/1-~{,/ (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) COMMONWEALTH Of PENNSYLVANIA NWanal Seal Susan L Matraii, Notary PitbNc Mahanlabur9 8oro, CUmberlaM County My Common Egtlres Nov 24, 2015 mFlta~R ~rrnsnvntru ~swcunar ar Noreates a LAST WILL AND TESTAMENT of DONALD A. SHOFF I, DONALD A. SHOFF, a resident of the Borough of Mechanicsburg, County of and Commonwealth of Pennsylvania, being of sound and disposing mind, memory understanding, do make, publish and declare this as and for my Last Will and Testament, revoking all Wills and Codicils by me at any time heretofore made. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor first out of the property passing under ITEM IV of Will and second, if, only if and only to the extent that said property is not sufficient, out of property passing under ITEM V of this Will as an expense and cost of administration of my provided, however, that if any property held in any testamentary or inter vivos trust by my wife, SHIRLEY R. SHOFF ("My Wife"), is includable in the estate for purposes any Death Tax and the following amount is not otherwise paid to my estate as a result of the of such property, then the amount of such Death Tax attributable to the inclusion of LAW OFFICES SNELBAKER & BREN NEM AN, F.C. such property in my estate for purposes of such Death Tax shall be paid out of such property or by the recipients of such property; and, if such amount is nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for such amount. Otherwise, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. ,...~ ~ -: ~ ITEM II: I hereby exercise all powers of appointment which~rBay hav~t th~ti~ of my v ~v ~ ~ death in favor of my Executor, and all property subject to all such po a~sief appomt~ ha~l be included in my estate and be governed by the provisions of this ~ ll~;pf~vid~$, hoe°er, that C-a ru -,y -~ ,r ~ I specifically decline to exercise any power of appointment given t m~n any dill, ~:o~ICil, r„ -r ~ ~ Agreement of Trust or other instrument executed by My Wife. `~ ITEM III: I give and bequeath all of my household furniture and furnishings, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel and other like articles of household or personal use or adornment to My Wife, if she survives me. my wife does not survive me, then and in that event, I give such articles to my daughter, y, ANN E. BURGARD, or her issue if she does not survive me. ITEM IV: I give, devise and bequeath to my Trustee hereinafter named, IN TRUST ?RTHELESS, to be held, administered and disposed of in accordance with this ITEM IV n referred to as the "Unified Credit Trust") an amount equal to the balance of the dollaz nt not taxed in my estate due to the application to my estate of the unified credit against sl gift and estate tax (the "Unified Credit"), after deducting therefrom the value, for federal tax purposes, of (a) assets included in my federal gross estate which pass or have passed than under the terms of this Will and which will utilize a portion of the Unified Credit, (b) \~ any bequests under the preceding ITEMS of this Will which will utilize a portion of the Unified Credit and (c) adjusted taxable gifts not included in my federal gross estate but included in the computation of the tentative federal estate tax in my estate. My Trustee shall have, hold, manaee. invest and reinvest the assets of the Unified Credit Trust, collect the income therefrom (a) If My Wife survives me, beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Wife during her lifetime, in installments not less frequently than quarter-annually. In addition, my Trustee shall pay such amounts of the principal of such trust as, in the sole discretion of my Trustee, maybe necessary for the maintenance, support and medical and nursing care of My Wife, taking into consideration any other means readily available for such purposes. (b) Upon the death of the survivor of My Wife and me, my Trustee shall distribute the principal and any undistributed income of the Unified Credit Trust to my then living issue, per stirpes; provided, however, that (1) should any such issue be the LAW ~FE~~E~ II issue of a deceased child of mine who has not attained the age of twenty-five years, each SNELBAKER & BRENNEMAN, P.c. such issue's shaze shall be retained by my Trustee, IN TRUST, NEVERTHELESS, to be -2- held, administered and disposed of as a separate trust estate in accordance with ITEM VI (the "Grandchild's Trust"). ITEM V: I give, devise and bequeath all of the rest, residue and remainder of my y, real, personal and mixed, wherever situate, not disposed of in the preceding portions of Will, to my Trustee hereinafter named, IN TRUST, NEVERTHELESS, to be held, and disposed of in accordance with this ITEM (the "Qualified Terminable Interest trust", herein referred to as the "QTIP Trust"). My Executor shall have the right to i elect on the federal estate tax return prepazed on behalf of my estate to have a portion or all of property passing under this ITEM as "qualified terminable interest property" in order to such portion or all of the property for the marital deduction for federal estate tax If my Executor elects to qualify a portion rather than all or none of the property under this ITEM, my Trustee may hold and maintain such elected portion of the property as a separate trust estate and hold and maintain the balance of the property governed by this ITEM as a sepazate trust estate or my Trustee may hold and maintain the elected portion and the balance of the property governed by this ITEM as a single trust estate. Each such separate trust estate (or if there is a single trust estate, then the single trust estate) shall be held intrust for the following uses and purposes. My Trustee shall have, hold, manage, invest and reinvest the assets of each such trust, collect the income therefrom and (a) If My Wife survives me, beginning at my death, my Trustee shall pay over LAW OFFICES SNELenrcER & BRENNEMAN, P.C. the net income of each such trust to My Wife during her lifetime, in installments not less frequently than quarter-annually. In addition, my Trustee shall pay such amounts of the principal of each such trust as, in the sole discretion of my Trustee, may be necessary for the maintenance, support and medical and nursing Gaze of My Wife, taking into consideration any other means readily available for such purposes. Upon the death of My Wife, my Trustee shall distribute any undistributed income of each such trust to My Wife's estate. (b) During the life of My Wife, my Trustee shall pay to My Wife from the principal of each such trust at any time and from time to time such sums or specific assets -3- as My Wife may designate by written notice to my Trustee; provided, however, that no withdrawal, when added to the aggregate amount or value previously withdrawn by my Wife pursuant to this subpazagraph (b), during the calendar year in which the withdrawal is to be made, shall exceed the greater of (1) $5,000 or (2) five (5%) percent of the aggregate value of each such trust at the time of such withdrawal. (c) Upon the death of the survivor of My Wife and me, my Trustee shall 0 distribute the principal of each such trust to my then living issue, per stirpes; provided, however, that (1) should any such issue be the issue of a deceased child of mine who has not attained the age of twenty-five years, such issue's shaze shall be retained by my Trustee, IN TRUST, NEVERTHELESS, to be held, administered and disposed of as a sepazate trust estate in accordance with ITEM VI (the "Grandchild's Trust"); provided, however, my Trustee shall prior to making any such distribution pay to the estate of My Wife out of the principal of each such trust an amount equal to any increase in inheritance, estate and similar taxes becoming due by reason of My Wife's death ("My Wife's Death Taxes") attributable to the inclusion of any of the assets in such trust in My Wife's estate for purposes of My Wife's Death Taxes, so that My Wife's Death Taxes in excess of said amount do not exceed My Wife's Death Taxes which would have been payable if none of the assets in such trust were includable in My Wife's estate for purposes of My Wife's Death Taxes. ITEM VI: My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income therefrom and (a) Until the issue of a deceased child of mine for whose benefit the L.AW OFFICES SNELBAK ER $t BRENNEMAN, P.C. Grandchild's Trust was established (the "Grandchild") shall have attained the age of twenty-five yeazs, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, may be necessary for the grandchild's maintenance, support, medical and nursing caze an education, including college and graduate -4- education, taking into consideration any other means readily available for such purposes. At the end of each year any undistributed income shall be added to the principal of the Grandchild's Trust. (b) Afrer the Grandchild shall have attained the age of twenty-five yeazs, my `~~ Trustee shall distribute the remaining principal and any undistributed income of the Grandchild's Trust outright to the Grandchild. If the Grandchild shall have died before attaining that age, upon the death of the Grandchild, My Trustee shall distribute the remaining principal and any undistributed income to the then living issue of the pazent of the Grandchild who was a child of mine, per stirpes, or if such parent has no then living issue, then to my then living issue, per stirpes; provided, however, if any such beneficiary is then a beneficiary of a Child's Trust or a Grandchild's Trust hereunder, the shaze of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust and become a part thereof. ITEM VII: It is my intention to conform to the provisions for the allowance of the marital deduction for federal estate tax purposes. I therefore direct that any provisions of this Will notwithstanding, the powers granted herein to my Executor and Trustee shall be construed in accordance with said intention and shall not be interpreted or exercised so as to disqualify any portion of the QTIP Trust elected by my Executor to qualify for the federal estate tax marital deduction. ITEM VIII: No interest in income or principal of my estate or any trust created hereunder LAW OFFICES SNELBAKER & BRENN EMA N. P.C. shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof My Executor or Trustee shall pay over the net income and the principal to the beneficiazies herein designated, as their interests may appeaz, without regard to any attempted anticipation (except as may be specifically provided herein), by pledging or assignment by any beneficiazy of my estate or of any trust created hereunder and without regazd to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM IX: Any person other than My Wife who shall have died at the same time as I -5- under such circumstances that it is difficult or impossible to determine who shall have died st shall be deemed to have predeceased me. If My Wife and I shall have died at the same time under such circumstances that it is difficult or impossible to determine who shall have died st, My W ife shall be deemed to have survived me. Any person other than me who shall have :d at the same time as any then beneficiary of income of my estate or a trust created hereunder under such circumstances that it is difficult or impossible to determine who shall have died shall be deemed to have predeceased such beneficiazy. ITEM X: In the settlement of my estate and during the continuance of any trust created my Executor and my Trustee shall possess, in addition to those powers conferred by ,the following powers to be exercised, without authority from any court, for the best interests the beneficiaries; subject, however, to the restrictions set forth below as to any portion of the Trust qualified for the federal estate tax marital deduction: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments." (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, by Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation or depreciation among the beneficiazies. LAW OFFICES SNELBAKER $[ B RENNEMA N. P.C. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal property or interest therein owned by my estate or trust severally or in conjunction with other persons, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the applications of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary to desirable in carrying out any of the powers conferred upon my Executor or Trustee in this pazagraph or elsewhere in this Will. (e) To mortgage or pledge real or personal property owned by my estate or trust and to make leases of real or personal property for any term. (f) To borrow money from any party, including my Executor or Trustee, to -6- i i 1 pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes, other taxes or for any other purpose; provided, however, that this provision shall not authorize borrowing from any portion of the QTIP Trust qualified for the federal estate marital deduction without adequate interest and security. (g) To pay all costs, Death Taxes, other taxes, legally enforceable debts, expenses and charges in connection with the administration of my estate or trust, the expenses of my last illness and my funeral expenses; provided, however, that no such costs, Death Taxes, other taxes, debts, expenses or charges in connection with the administration of my estate, such expenses of my last illness or such funeral expenses shall be paid from any portion of the QTIP Trust qualified for the federal estate tax marital deduction. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to hold and actively manage and operate any unincorporated business, including any sole proprietorship, joint venture and partnership, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To abandon, compromise, settle, arbitrate, pay or otherwise deal with claims in favor of or against my estate or trust. (m) To select, employ and compensate any person, firm or corporation engaged in rendering investment counsel advice to my Executor or Trustee in making investments, managing securities or making decisions concerning the purchase, retention, sale or other disposition of any part of my estate or trust; and to select, employ and compensate any attorney, accountant, broker or other specialist or firm thereof to render services to my Executor or Trustee with respect to my estate or trust. (n) Only property which is fully eligible for the marital deduction for federal estate tax purposes shall be assigned to the potion of the QTIP Trust qualified for the federal estate tax marital deduction. Notwithstanding anything to the contrary contained in this Will, my Trustee shall not retain beyond a reasonable time or invest in, as an asset of any portion of the QTIP Trust elected to qualify for the federal estate tax marital deduction, any property which may at any time be or become unproductive. ITEM XI: In the settlement of my estate: (a) My Executor shall not be personally liable for loss to my estate or to my spouse's estate or to any beneficiary of either estate resulting from my Executor's decision made in good faith whether or to what extent to elect on the federal estate tax ^w °EF~~ES return prepazed on behalf of my estate to have a portion or all of certain "qualified sNEL6AKER & BRENNEMAN P C. terminable interest property" treated as having passed to my spouse in order to qualify for , . the federal estate tax marital deduction; nor, as a result of such decision, shall any compensating adjustments be made. (b) My Executor shall not be personally liable for any loss to my estate or to -~- any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction; nor as a result of such election, shall any compensating adjustments be made. (c) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date; nor, as a result of such decision, shall any compensating adjustments be made. (d) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from any other decision or election made by my Executor in good faith; nor, as a result of any such decision or election, shall any compensating adjustments be made. ITEM XII: If there should be established hereunder or by My Wife, either in her Last Will and Testament or by inter vivos Deed or Agreement, any trust similar to any trust herein established, my Trustee shall have the right and power to merge such trust herein established with such similar trust established hereunder or by My Wife and to operate such merged trusts as single trust. ITEM XIII: I hereby nominate, constitute and appoint Ivly Wife to be the Executrix of this my Last Will and Testament and my estate. If for any reason, My Wife should fail to qualify cease to act, I nominate, constitute and appoint my daughter, namely, ANNE E. BURGARD, be such Executrix. If for any reason my said daughter should fail to qualify as such Executrix or cease so to serve, then and in that ultimate event, I nominate, constitute and appoint my son- in-law, namely, DONALD R. BURGARD, to be the Executor hereof. All references in this Will to my "Executor" shall also refer to any Executrix, successor Executor and successor Executrix. ITEM XIV: I hereby nominate, constitute and appoint My Wife as Trustee of any trust ~Aw oEEicEs SNELBAKER & BRENN EMA N, P.C. created hereunder. If for any reason My Wife should fail or cease to act, I appoint my daughter, namely, ANNE E. BURGARD, my Trustee. If for any reason my said daughter should fail to qualify as such Trustee or cease so to serve, then and in that event, I nominate, constitute and appoint my son-in-law, namely DONALD R. BURGARD, to be the Trustee. All references in this Will to my "Trustee" shall also refer to any successor Trustee. ITEM XV: Any Executor or Trustee shall qualify and serve without the duty or -g_ of filing any bond or other security. Any Executor or Trustee shall not be surcharged otherwise held liable under any prudent investor statute or otherwise except for gross or intentional wrongdoing. ITEM XVI: In the event that for any reason on the date of any distribution of income principal from my estate or any trust created hereunder there is not a beneficiary thereof, then 1 distribution shall be made to such persons, and in such proportions, as would be entitled to estate had I then died intestate, a resident of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal and do hereby declaze instrument to be my Last Will and Testament, this 13a` day of September, 2006. ~.1~ (SEAL) Donald A. Shofff~ The preceding instrument, consisting of this and eight (8) other typewritten pages, each by the signature of the Testator, was on the date thereof signed, sealed, published and by DONALD A. SHOFF, the Testator therein named, as and for his Last Will and in the presence of us, who, at his request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. LAW OFFICES SNELBAK ER Ec BftENNEMA N, P. C, .>_ TH OF PENNSYLVANIA) OF CUMBERLAND SS. We, DONALD A. SHOFF, RICHARD C. SNELBAKER and JANE J. GOONEY, the estator and the witnesses, respectively, whose naznes aze signed to the attached or foregoing instrument, being first duly sworn, do hereby declaze to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his or her knowledge, the Testator was at that time eighteen yeazs of age or older, of sound mind and under no constraint or undue influence. -~~ ~~ Testator > ness ' ess Subscribed, sworn to and acknowledged before me by DONALD A. SHOFF, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE J. GOONEY, the witnesses, this 13~' day of September, 2006. Notazy Public COMMONWEALTH OF PENNSYLVANIA Ndadal Seal Susan L Matraa, Ndary Public Mechanicslwrg Born, CurribeAartl CwMy MY Camm'ssion Expires Nov. 24, 2007 Member, Pennsylvania Association Ot Molefiss LAW OFFICES SNELBAKER $f BRENNEMAN, P.C.