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HomeMy WebLinkAbout04-24-13 Reset 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 request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Margaret M. Sheaffer File No: G' a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 14,2013 Age at death: 75 Decedent was domiciled at death in Cumberland County, Penmsylvania (state) with his/her last principal residence at 1 I Hosfeld Road, Carlisle,Penn Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at.1 1 Hosfeld Road, Carlisle,Penn Township 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 S 20,000.00 If not domiciled in Pennsylvania. .. .... . . ..... . . . .... ... Personal property in Pennsylvania S If not domiciled in Pennsy lvania. .. .... . . . .. .. . . . .. .. . . . Personal property in County S Value of real estate in Pennsylvania...... . . . . ... . . . . ... . . ... . ... . .. .. ... . . .. . . . . . .. . . . . ..... S TOTAL ESTIMATED VALUE. . . . S 20 000.00 Real estate in Pennsylvania situated at:.]1 Hosfeld Road, Carlisle,Penn Township Cumberland (Attach additional sheets,q'necessary.) Street address,Post Office and Zip Code City,Township or Borough County 91 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated March 5,2009 and Codicil(s) thereto dated March 8,2013 (adding co-executors). 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. NO EXCEPTIONS Q EXCEPTIONS © B. Petition for Grant of Letters of Administration (1f applicable) c.t.a.,d.b.n., d.b.n.c.t.a.,pendente 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 a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. S 3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follt ping spouse(iffy)an�;edr(attach C C-1> r"E additional sheets, iJ'necessary): a ` � � 3a J Name Relationship A c J b M ry C, C G) 2353010 Form RW-02 rev. IW11'101 l Pagel of 2 Oath of Personal Representative Official Use only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF �_����G�'��j�1 M } Petitioner(s)Printed Name Petitioner(s)Printed Add es .it _ I J Jessica Koser 131 Springfield Road,Shippensburg,PA 17257 Terry Shetron 1505 Walnut Bottom Road,Newville,PA 17241 C L E F!< � Patricia Tuck P.O.Box 27 Walnut Bottom PA 17266 OPT PANS' C�.:)u- The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,th ner(s)will well an'. y administer the estate according to law. Sworn to or affirmed a ubscribed before // Date me th' "day of Date By: f — Date - - i) F the Register Date 'rX'� BOND Required: ® YES (2) NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . S Attorney Signature: ( ) Short Certifieate(s). . . . . . ( ) Renunciation(s).. . . . . . . . _ ( ) Codicil(s). . . . . . . . . . . . ( )Affidavit(s). . . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Glenn R. Davis Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 31040 `V . . . . . . If=i . (; Firm Name: Latsha Davis&McKenna,P.C. . . . . . . . . Address: 1700 Bent Creek Boulevard" Suite 140 • . Mechanicsburg PA 17050 . . . . . . Phone: (717)620-2424 Automation Fee. . . . . . . . . . . . . . . Fax: 71� 7)620-2444 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: gdavdylaw corn TOTAL. . . . . . . . . . . . . . . . . . . . . $ 9dCI DECREE OF THE REGISTER Estate of Margaret M. Sheaffer File No: t { a/k/a: AND NOW, �� �( ,t j t 3C��j in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters '�1{al^yl are hereby granted to,'p:S�►�t Q I in the ab�0 2 estate and (if applicable) that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and�1Codicil(s)) of Decedent. egister of Wills Form R W-02 rev. 10/I1!2011 P ge of 2 1&5t Vill aub Te5tamcnt of Al.argaret IV. fteaffer: I, Margaret M. Sheaffer, of Carlisle. Cumberland County, Pennsylvania, being of sound and disposing mind, and memory, do hereby make, publish, and declare this instrument to be my to be my Last Will and Testament, hereby revoking any other testamentary dispositions by me at anytime heretofore made. FIRS1': I direct my hereinafter named Executors to pay all my just debts, funeral expenses and administration expenses, including inheritance taxes, as soon as may be convenient after my decease. I direct that all inheritance, estate, and transfer taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. SECOND: I give and bequeath all of the rest, residue, and remainder of my estate, to my two children, Jessica Koser and Terry J. Shetron, in equal shares, or their issue per stirpes. THIRD: I appoint my daughter, Jessica Koser, as Executrix of this, my Last Will and Testament. FOURTH: I direct that my Executrix need not file bond in this, or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal at Carlisle, Pennsylvania, to this, my Last Will and Testament, consisting of I_ typewritten page(s), bearing my signature, this day of " `Q'4) A.D. 2009. Marge et M. Sheaffer, Testa x C-) C,, _TJ rrI 3Z C, - c? - - F V i � ) �� /+ ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOROUGH OF CARLISLE On this, the day of before me, a Notary Public, the undersigned officer, personally appeared MARGARET M. SHEAFFER, Testatrix, known or proven to me to be the person whose name is subscribed to the within Last Will and Testament, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i NOMARIAL SEAL JANE ADAMS TARY PUB .I -- Notary Puma CARLISLE 8080.,CUMBERLAW COUNTY IMY Cawkswo EvIm Sop 6,2012 SEAL) IA32 JAINATOO ZMA;A 3.lAl "MWJ GftJR3S11 3 OAOB sJ8fjAAw AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOROUGH OF CARLISLE Before me, the subscribers personally appeared -i ( 1L7 who being duly sworn according to law, doth d pose and say at the foregoing will, consisting of j_ typewritten page(s), was, on thy - day of 2009, signed, sealed, published and declared by the said Testatrix, MARGARET M. SHEAFFER, as and for her Last Will and Testament d it is h , an hereby acknowledged that said testatrix appeared to be of lawful age and sound mind and memory and there was no evidence of undue influence. We, at his/her request and in her presence, have hereunto subscribed our names as attesting witnesses: R � t Af ant Affiant Sworn to and subscribe before me is .�� day of �-�'� 200 . NornRtAl JANE ADAMS � Notary Public OT RY PUBLIC CARLISLE SORO.,CUMSERLAND COUNTY My Con ftsioa Expires Sap 6,2012 SE L) ,ADZ 3�itAA'�n1A V nWJ03()i4A2R38MU"' OR083je;AAD Tw 03?WA-1 Vos'a FIRST CODICIL TO C-> ni C) 11-3 LAST WILL AND TESTAMENT rn C-) OF MARGARET M. SHEAFFER 1, MARGARET M. SHEAFFER, presently of Penn Township, Cumberland County, Pennsylvania, hereby declare this to be a Codicil to my Last Will and Testament executed by me on March 5, 2009; it being my intention that this Codicil is and shall be the First Codicil to my said Last Will and Testament. FIRST: I do hereby amend my said Last Will by deleting paragraphs "Third" and "Fourth" of my Last Will in its entirety and replacing it with the following: THIRD: I hereby appoint Jessica Koser, Terry Shetron and Patricia Tuck to serve as co-executors of my estate hereunder. Should any of them be unable or unwilling, fail to qualify, or cease to act as such co- executor, I hereby authorize the remaining co-executor(s) to act as my executor(s) under this Will. The co-executors shall only take action by majority agreement. My co-executors shall not be required in any jurisdiction to file, enter or post any bond or other security for the faithful performance of their duties hereunder, and shall not be liable for the acts, omissions or defaults of any agent appointed by them with due care. FOURTH: Except as otherwise restricted, directed or provided in this Will or required by law, in the administration of my estate or any custodian hereunder, the fiduciaries serving under this Will shall have the following powers, which may be exercised without leave of court, in addition to those powers as my fiduciary may have by law: (a) At any time, to retain any assets, investments or property in the form held by them at the time of my death or thereafter, and to invest and reinvest any funds which they may hold in any stocks, bonds, notes d2 or other securities, or in any other property, real or personal, tangible or intangible, or mixed, or interests herein, wheresoever situate, as and in such proportions as they may deem best, notwithstanding that such investments may not be of a character allowed to fiduciaries by statute or general rules of law. (b) To sell, exchange, grant options upon, or otherwise dispose of any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, at any time held by them, at public or private sale, for cash or upon credit, in such manner, to such persons, and at such price, terms and conditions as they may deem best, and no person dealing with them shall be bound to see to the application of any funds paid to them. (c) To manage, operate, repair, improve, partition, subdivide, or lease for any term any real estate or personal property at any time held by them, wheresoever situate, and to enter into agreements for the same. (d) To borrow money for the payment of taxes or for any other proper purposes in the administration of the property held by them upon such terms as they may deem advisable, and mortgage, pledge or encumber any real and/or personal property held by them as security therefor. (e) To distribute in cash or in kind, or partly in each, and in shares different in kind from other shares, upon any division or distribution of any property which they hold. (f) To adjust, settle, compromise and arbitrate claims, to renew or extend the time for payment or otherwise modify the terms of any obligation payable to or by my estate, and to abandon any property held by them which is of little or no value. (g) To retain and pay agents, employees, accountants and counsel, including but not limited to legal and investment counsel or advisors, brokers, banks, custodians and other agents, for advice and other professional services, and to delegate to them such duties, rights and powers as my fiduciaries may determine for such time periods as they may deem necessary. (h) To allocate, in their discretion, any receipt or item of income, or disbursement or item of expense, to principal or income, or partly to each. q _ 2 C590 - (i) To hold assets in bearer form, and to register securities and other assets in their own name or in the name of a nominee with or without indicating the fiduciary character thereof. (j) With respect to any securities held by them, to join and participate in any merger, reorganization, voting trust plan or other concerted action of holders of securities for the deposit of securities under agreements and payment of assessments, to subscribe for stocks and bonds, to give proxies, to grant, obtain or exercise options, and generally exercise all rights and powers of holders of securities, and to delegate discretionary duties with respect thereto. (k) With respect to the stock of any close or other corporation, partnership interest, membership interest in any limited liability company or other business held by them: to disregard any principle of investment diversification and retain any part or all of it for so long as they may deem advisable; to participate actively in its management and receive compensation for such services in addition to arty other compensation payable to my fiduciaries; to do anything that they may consider appropriate with regard to its operation, expansion, reduction, liquidation or termination or any change in its purpose, nature, or structure; to delegate authority or duties to any director, stockholder, manager, partner, employee or agent, and to approve its payment of reasonable compensation to any such person; to cause it to borrow money at reasonable terms from the banking department of any corporate fiduciary hereunder notwithstanding any contrary law regarding conflict of interests; and to make additional investments in it if such action appears to be in the best interests of the beneficiaries hereunder. (1) With respect to any policies of insurance forming a part of my estate: to continue such policies in force and to pay the premiums on such policies out of income or principal; to obtain the cash surrender value, if any, of any such policies which insure the lives of others and add the same to principal, or convert any such policies insuring the lives of others to permanent paid-up insurance (unless in either case such policies are specifically bequeathed in this Will); and to deal with such policies in any way that my fiduciaries may determine to be the best interests of the beneficiaries hereunder, including the right to borrow on such insurance policies in order to pay the premiums thereon. (m) To make from time to time partial distributions in varying amounts to the beneficiaries hereunder prior to final settlement and 3 Cam- � distribution of my estate, and in connection therewith to determine in their discretion the time or times when such partial distributions may require recomputation of said beneficiaries' proportionate interests hereunder for the equitable allocation of income or on account of changing asset values pending final distribution. (n) To receive, collect and recover the interest, rents, profits, proceeds, gains, and other earnings and income of and from the property held by them hereunder. (o) In general, to exercise all powers in the management of the assets and property held by them which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to them may seem best, and to execute and deliver all instruments and to do all acts which they may deem necessary or proper to carry out such management and their duties under this Will. SECOND: In all other respects, I do hereby ratify, confirm and republish my said Last Will, together with this First Codicil thereto, as and for my Last Will. IN WITNESS WHEREOF, I, MARGARET M. SHEAFFER, hereby set my hand to this First Codicil to my said Last Will typewritten on and consisting of this and the preceding three (3) sheets of paper, at the bottom of preceding pages I have placed my initials, on this day of 2013. P't�V argaret M. Sheaffer On this _r� - day of TAQC-t" 2013, MARGARET M. SHEAFFER, declared to us, the undersigned, that the foregoing instrument was the First Codicil to her Last Will and Testament, and she requested us to act as witnesses to the same and to her signature thereon. She thereupon signed said First Codicil in our presence, we being present at the same time. We now, at her request, in her presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto and have placed our initials at the bottom of each of the preceding pages. Each of us further declares that he or she believes this testatrix to be of sound mind and memory. residing at 7 1,'A -C1, ALL, led residing at residing at 31es Z: t4=LdU&..,-02_ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF : We, _� ; n t 1- Co t t),. rte y /v l fun C 1e n,, the witnesses whose names are signed to the attached foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw MARGARET M. SHEAFFER, the testatrix, sign and execute such instrument as the First Codicil to her Last Will; that such testatrix signed such instrument willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of such testatrix signed such First Codicil as a subscribing witness thereto; and that to the best of our knowledge, such testatrix was at that time 18 or more years of age, of sound mind and under no constraints or undue influence. Sworn or affirmed to and subscribed before me by_ a C l i n t L C 1 tlti.S - Aln`% f=v to/ 0,n✓, witnesses, this day of , 20tT. 20 J 3 ? WITNESSES: fi of ry Publ:c, My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda J.Collins,Notary Public Southampton Twp.,Cumberland County My Commission Expires Oct.5,2013 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF 1, MARGARET M. SHEAFFER, testatrix, whose name is subscribed to the attached foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed such instrument as the First Codicil to my Last Will and Testament, and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by MARGARET M. SHEAFFER, the testatrix, this day of 2013. Marg t M. Sheaffer Notary Publi My Commission Expires: /0 —5"-�2-e13 COMM LTH OF PENNSYLVANIA Notarial Seal Linda J.Collins,Notary Public Southampton TwP.,Cumberiand county My Commission Expires Oct.5,2013 MEMBER,PENNSNLYANLA ASSOCIATION OF NOTARIES