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HomeMy WebLinkAbout04-25-13 PETITION 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: Rodger G.Shanafelter and Roy N.Shanafelter Decedent's Information Name: Helga Margit Shanafelter File No: 21 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 01101/2013 Age at Death: 74 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 8 Fieldcrest Dr.,Mechanicsburg 17050 Silver Spring Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 8 Fieldcrest Dr.,Mechanicsburg 17050 Silver Spring Cumberland 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 $ 465,000.00 If not domiciled in Pennsylvania............... Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 159,500.00 TOTAL ESTIMATED VALUE $ 624,500.00 Real estate in Pennsylvania situated at 8 Fieldcrest Dr.,Mechanicsburg 17050 Silver Spring Cumberland (Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County 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 10/07/2003 and Codicil(s) thereto dated 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(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS F1 EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) cla.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and complete list of helrs. Except as follows:Decedent was not a party to pending divorce proceeding 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 adjudicated an incapacitated person. ❑ M C> NO EXCEPTIONS F1 EXCEPTIONS M Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the folla'Mig:spouse(if y)aa (attach additional sheets,if necessary): -0 co M Cl> r- N M M Name Relationship Address >- ct> ;0 ;z le C) : 3::- --J --- CD rn —0 -n Zn Form RW-02 rev.1 o-ii-2oii Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA I SS: COUNTY OF Cumberland Petitioner(s)Printed Name Petitioner(s)Printed Address Rodger G.Shanafelter 82 Linda Dr.,Lot 18 Mechanicsburg,PA 17050-1547 C= =3 OJJ 'rn Roy N.Shanafelter 732 Old Quaker Rd. M C-� Lewisberry,PA 17339 T> 6 M "X3 m ;;0 rn Cjj Cn C) fz; W I Z.3 :*Z: C M The Petitioner(s)above-named swear(s)or affirm(s)the statement the foregoin P n are true and co, tt to the best cffJhe kAftfidge and belief of Petitioner(s)and that,as Personal Representative(s)of t will well and trul;administer theagate accor-difig to law. Sworn to r ed a bs rib_, before Date m v Date )4.z'r. /3 le thi -da Date By: or Register J Date BOND Required? n YES nX NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 460.00 Attorney Si nature: 7 )Short Certificate(s)......... 35.00 )Renunciation(s).............. )Codicil(s)........................ )Affidavit(s)...................... Printed Name: Linda J. Esq. Bond............................................. Supreme Court 92868 Commission.................................. ID Number: Other Will 16.00 Inventory 15.00 Firm Name: Hazen Elder Law Inheritance Tax Return 15.00 Address: 2000 Linglestown Road,Ste 202 Suite 202 Harrisburg,PA 17110 Phone: 717-640-4332 Automation Fee............................ 5.00 Fax: 717-640-4313 JCS Fee....................................... 23.50 E-mail: lolsen@hazenelderlaw.com TOTAL......................................... $ 568.50 ----------— DECREE OF THE REGISTER Date of Death: 03/31/2013 Social Security No: 1 Estate of Helaa Mar it Shanafelter File No: 21 a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having een presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Rodger G.Shanafelter and Roy N.Shanafelter in the above estate and(if applicable)that the instrument(s)dated 1010712003 described in the Petition be admitted to probate and filed of record as the icil(s of Decedent. Register of Wills Copyright(c)2011 form software only The Lackner Group,Inc. '1Page 2 Y. J ~�M l Cr, C. LAST WILL AND TESTAMENT ='� �, �, C fm _ OF --10 rte- cj ACn = Cq HELGA MARGIT SHANAFELTER 2: . t> I, HELGA MARGIT SHANAFELTER, a resident of the Commo>Wealth ot-Penrlylinia, make, publish and declare this to be my Last Will and Testament, revoking all wWs and codidb at cmy<3ime heretofore made by me. CX1 -q FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate,and all estate,inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate,without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: It is my desire that,upon my death,I be buried at Fort Indiantown Military Cemetary. THIRD: I give all my real estate in equal shares to those of my children RODGER GUY SHANAFELTER and ROY NEIL SHANAFELTER who survive me and to the issue who survive me of those of my children who shall not survive me,per stirpes. FOURTH: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects,clothing,jewelry,furniture,furnishings,household goods,automobiles and other vehicles, together with all insurance policies relating thereto, to those of my children who survive me, in substantially equal shares, to be divided between them as they shall agree, or if they cannot agree, as my Executors shall determine. FIFTH: I give all the rest, residue and remainder of my property and estate, both real and personal,of whatever kind and wherever located,that I own or to which I shall be in any manner entitled at the time of my death(collectively referred to as my"residuary estate"),as follows: (a) To those of my children who survive me and to the issue who survive me of those of my children who shall not survive me,per stirpes. (b) If no issue of mine survives me, my residuary estate shall be paid and distributed to those of JACOB R. SHANAFELTER and ALLISON L. SHANAFELTER who survive me, in equal shares. (c) If none of the beneficiaries described in clauses(a)and(b)above shall survive me,then I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate,and a resident of the Commonwealth of Pennsylvania. SIXTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executors,at any time and without court authorization,may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executors from any liability with respect thereto,even though my Executors may be such person. If such beneficiary is a minor, my Executors may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18)years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article EIGHTH hereof. If the beneficiary dies before attaining said age,any balance shall be paid and distributed to the estate of the beneficiary. SEVENTH: I appoint RODGER G. SHANAFELTER and ROY N. SHANAFELTER as Co- Executors of this will. If either of my Executors shall fail to qualify for any reason as Executor or,having qualified shall die,resign or cease to act for any reason as Executor,the other Executor may act alone as my Executor. I dir- ect that no Executor shall be required to file or furnish any bond,surety or other security in any jurisdiction. EIGHTH: I grant to my Executors all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executors may act. I also grant to my Executors power to retain, sell at public or private sale,exchange, grant options on,invest and reinvest,and otherwise deal with any kind of property,real or personal, for cash or on credit;to hold,manage,insure,repair,improve,demolish,divide,and otherwise deal with and dispose of any property; to borrow money and mortgage, encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executors" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. NINTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions, by ILT Victoria Igo, U.S. Army, who is licensed to practice law in the State of New York. IN WITNESS WHEREOF, I, HELGA MARGIT SHANAFELTER, sign my name and publish and declare this instrument as my last will and testament this 7th day of October, 2003. 1 also have affixed my signature on the bottom of each of the preceding pages hereof. 10 EkGA MAtGIT SHAZ TER The foregoing instrument was signed, published and declared by HELGA MARGIT SHANAFELTER, the above-named Testatrix, to be her last will and testament in our presence, all being present at the same time, and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. having an address at x`101, having an address at co 00 13 2 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND,ss. We,HELGA MARGIT SHANAFELTER and_ n W(XkQ'\L I ------------------ es'7c< e TeM ----—--—--———C ----------------------� the s ix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix, HELGA MARGIT SHANAFELTER, signed and executed said instrument as her last will and testament in the presence and hearing of the witnesses,and that she had signed willingly,and that she executed it as her free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testatrix, in the presence and hearing of the Testatrix and each other, signed the will as witness,and that to the best of his or her knowledge the Testatrix was at the time at least eighteen years of age,of sound mind and under no constraint,duress,fraud or undue influence. h'YJ4 k Q":'� 4" (HELGAmARGIT SHANAFYTER Testatrix Witness Witness Subscribed, sworn to and acknowledged before me by the said HELGA MARGIT SHANAFELTER,Testatrix, and subscribed and sworn to fore me b the above-named witnesses, this 7th day of October,2003. Off e kl- 1, the undersigned officer,do hereby certify that I am, on the date of this certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of service, and organization stated below in the active service of the United States Armed Forces, and that b y statute no se, I is required on this certificate, under authority granted to me by Title 10 U.S.C. 1044a. Name of Officer and Position: Y_ Grade and Branch of Service: Robert E. Samuelsen 11 Command or Organization: CPT,JA, U.S.Army Legal Assistance Attorney Bar Admitted in Minnesota Carlisle Barracks. Carlisle, PA