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Home My WebLink About08-09-13 e 1 IN RE: ESTATE OF CARL L. : COURT OF COMMON PLEAS WESTHAFER, SR., : CUMBERLAND COUNTY, PENNSYLVANIA Deceased : ORPHANS' COURT DIVISION : FILE NO. 21-12-0449 � ' ' � �, :� t`'i C � p C7 �. '�,-, s,.y C.7 _. t�.,"� ._.,.. ,;�:7 , �..�i � � .....y �.� �,�_, ,.... . _� DISCLAIMER '' ' � ` r . � , . , �,� „�. � .. ` .., , _.� � _ � , . , WHEREAS, CARL L. WESTHAFER, SR. died on February 8,'20:12,a res�der�t: `:�� _{ , r c_� Cf S:l�'er SYring To��,n:s?:;�'1� C::TTlti�:i.°.21'� �Cu21�y'� Pennsy�var.ia; � i � � _�,� WHEREAS, CARL L. WESTHAFER, SR., during his lifetime executed the Last Will and Testament of CARL L. WESTHAFER, SR. dated July 10, 2006; WHEREAS, Article Two, Section 2.01 of the Last Will and Testament of CARL L. WESTHAFER, provides as follows: Article Two Specific and General Gifts Section 2.01 Specific Distribution to William Brad Westhafer As soon as practicable after my death, I give a life estate in the real property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County, to my son, William Brad Westhafer, for as long as he lives or desires to use the property as his home. During the term of the aforesaid life estate, William Brad Westhafer shall be solely responsible for payment of all real estate taxes, utilities, sewer or water rents and similar charges on the property and shall at all times maintain adequate hazard insurance on the property. William Brad Westhafer shall also maintain said property in a reasonable good state of repair at his own expense. William Brad Westhafer may lease and collect rent on the second dwelling unit located on the property, so long as he resides in the other dwelling unit. If William Brad Westhafer should predecease me, I give a life estate in the property subject to this distribution to his wife, Shirley M. Westhafer, under the same conditions as set forth above. � - 1 - . � If William Brad Westhafer and Shirley M. Westhafer should predecease me, or if they choose to no longer use the property subject to this distribution as their home, I direct my Executor to sell said real estate and personal property and distribute the net proceeds to my then living descendants,per stirpes. Property passing under this Section shall pass free of any administrative expenses or death taxes. WHEREAS, CARL L. WESTHAFER, SR., at the time of his death owned a 60% interest in the property at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, Article Three, Section 3.02 of the Last Will and Testament of CARL L. WESTHAFER, SR. provides as follows: Article Three My Residuary Estate Section 3.02 Disposition of My Residuary Estate I give my residuary estate in equal shares to my children, Carl L. Westhafer, Jr., William Brad Westhafer, Robin S. Piacine, and Annette G. Gilbert, or to their then living descendants, per stirpes. If any of my children have no living descendants, their share shall pass to my surviving children,pro rata. WHEREAS, ANNETTE G. GILBERT is now known as ANNETTE G. DEFLAV IA. WHEREAS, CARL L. WESTHAFER, JR., WILLIAM BRAD WESTHAFER, ROBIN S. PIACINE, and ANNETTE G. DEFLAVIA have a remainder interest in CARL L. WESTHAFER, SR.'S 60% share of the property and are entitled to a share of the net proceeds from the sale of the property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, CARL L. WESTHAFER, JR. has disclaimed any and all rights to his remainder interest and his share of the net proceeds from the sale of said property - 2 - located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, less than nine (9) months have elapsed since the date of death of CARL L. WESTHAFER, SR. and the undersigned Disclaimant has not accepted any of the assets under the Last Will and Testament of CARL L. WESTHAFER, SR., nor has he exercised any control as beneficial owner over any such property or any interest therein; WHEREAS, the Disclaimant acknowledges that the effect of the execution of this Disclaimer is that his remainder interest and his share of the net proceeds from the sale of the property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County will now pass to WILLIAM BRAD WESTHAFER; NOW,THEREFORE, I, CARL L. WESTHAFER, JR., an adult beneficiary residing at 315 Harvest Drive, Harrisburg, Pennsylvania, do hereby exercise the rights granted to me in the Pennsylvania Probate, Estate and Fiduciaries Code, 20 Pa. C.S.A. 6201 et seq., to partially DISCLAIM certain of my interests as a beneficiary of the Last Will and Testament of CARL L. WESTHAFER, SR., as follows: 1. I hereby disclaim all right, title and interest to: My remainder interest and my share of the net proceeds f:�m tr.;,� sa�e of the real estate ?o�ated at GE04 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County, Parcel No. 38-18-1332-009. 2. I understand that as a result of this Disclaimer I will have no right, title or beneficial interest in this asset only. - 3 - IN WITNESS �VHEREOF, intending to be legally bound hereby, I have hereunto �� set my hand this�day � , 2012. WI ESS: ' , � �ARL L. WESTHAFER, J . ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : , : ss COUNTY OF : On this�� , 2012, before me a notary public, the undersigned officer, personally appeared CARL L. WESTHAFER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. s - �,��-�-�-�--� (SEAL) TARY PUBLIC COMMONWEAL�H F PENNSYL1lANIA NOTARIAL SEAL LAURA A.TARASEWICH,Notary Public Susquehanna'Nvp.,Dauphin Cour�ty My Commission Expires August 30 2018 - 4 - f . � IN RE: ESTATE OF CARL L. : COURT OF COMMON PLEAS WESTHAFER, SR., : CUMBERLAND COUNTY, PENNSYLVANIA ..� Deceased : ORPHANS' COURT DIVISI�1� ��- ' �':� : FILE NO. 21-12-0449 �= -�� - .. : ° ' , . , f 3 •— C'� c: a ;.,:1 �:J " � .. j ,. � , , �.._ � '. �'. C.D ;: ;' ,•-.� DISCLAIMER - `�' �4 . : , c-� .. � . _, _. - , , � _ , , ::,i r i, �. , . �:i '" �-;, C._��: � �. .;�.� F._a - ��Y WHEREAS, CARL L. WESTHAFER, SR. died on February�,�z 2a12, a r�s}de�t, ��.� T=r �� `� of Silver S�rir,g Tawns��ip, Cui�l�erland �aunty, Pennsyl�-�,�ia; WHEREAS, CARL L. WESTHAFER, SR., during his lifetime executed the Last Will and Testament of CARL L. WESTHAFER, SR. dated July 10, 2006; WHEREAS, Article Two, Section 2.01 of the Last Will and Testament of CARL L. WESTHAFER, provides as follows: Article Two Specific and General Gifts Section 2.01 Specific Distribution to William Brad Westhafer As soon as practicable after my death, I give a life estate in the real property located at 6604 Carlisle Pike, Village of Hogestown, Silver ` Spring Township, Cumberland County, to my son, William Brad Westhafer, for as long as he lives or desires to use the property as his home. Durins the term of the aforesaid life estate, William Brad Westhafer shall be solely responsible for payment of all real estate taxes, utilities, sewer or water rents and similar charges on the property and shall at all times maintain adequate hazard insurance on the property. William Brad Westhafer shall also maintain said property in a reasonable good state of repair at his own expense. William Brad Westhafer may lease and collect rent on the second dwelling unit located on the property, so long as he resides in the other dwelling unit. If William Brad Westhafer should predecease me, I give a life estate in the property subject to this distribution to his wife, Shirley M. Westhafer, under the same conditions as set forth above. - 1 - t , � If William Brad Westhafer and Shirley M. Westhafer should predecease me, or if they choose to no longer use the property subject to this distribution as their home, I direct my Executor to sell said real estate and personal property and distribute the net proceeds to my then living descendants,per stirpes. Property passing under this Section shall pass free of any administrative expenses or death taxes. WHEREAS, CARL L. WESTHAFER, SR., at the time of his death owned a 60% interest in the property at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHE�2EAS,Article Three, Section 3.02 of the Last Will and Testament of CARL L. WESTHAFER, SR. provides as follows: Article Three My Residuary Estate Section 3.02 Disposition of My Residuary Estate I give my residuary estate in equal shares to my children, Carl L. Westhafer, Jr., William Brad Westhafer, Robin S. Piacine, and Annette G. Gilbert, or to their then living descendants, per stirpes. If any of my children have no living descendants, their share shall pass to my surviving children,pro rata. WHEREAS, ANNETTE G. GILBERT is now known as ANNETTE G. DEFLAVIA. WHEREAS, CARL L. WESTHAFER, JR., WILLIAM BRAD WESTHAFER, ROBIN S. PIACINE, and ANNETTE G. DEFLAVIA have a remainder interest in CARL L. WESTHAFER, SR.'S 60% share of the property and are entitled to a share of the net proceeds from the sale of the property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, ROBIN S. PIACINE has disclaimed any and all rights to her remainder interest and her share of the net proceeds from the sale of said property located - 2 - at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, less than nine (9) months have elapsed since the date of death of CARL L. WESTHAFER, SR. and the undersigned Disclaimant has not accepted any of the assets under the Last Will and Testament of CARL L. WESTHAFER, SR., nor has she exercised any control as beneficial owner over any such property or any interest therein; WHEREAS,the Disclaimant acknowledges that the effect of the execution of this Disclaimer is that her remainder interest and her share of the net proceeds from the sale of the property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County will now pass to WILLIAM BRAD WESTHAFER; NOW,THEREFORE, I, ROBIN S. PIACINE, an adult beneficiary residing at 181 Ridge Hill Road, Mechanicsburg, Pennsylvania, do hereby exercise the rights granted to me in the Pennsylvania Probate, Estate and Fiduciaries Code, 20 Pa. C.S.A. 6201 et seq., to partially DISCLAIM certain of my interests as a beneficiary of the Last Will and Testament of CARL L. WESTHAFER, SR., as follows: 1. I hereby disclaim all right, title and interest to: My remainder interest and my share of the net proceeds from the sale of the real estate located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County, Parcel No. 38-18-1332-009. 2. I understand that as a result of this Disclaimer I will have no right, title or beneficial interest in this asset only. - 3 - � ,�,.,. Y . a.:.. . ..��n....,�._...,.,R,� ...�.�,.,.-� _�, . : _ A. _. . :_ , _ • ' IN WITNESS WHEREOF, intending to be legally bound hereby, I have hereunto set my hand this �� day of /l�U�/(rt�p{�(� , 2012. ) WITNESS: .�...�=``�� 'v � ROBIN S�. PIACINE ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : �_ " : ss COUNTY OF C l,�d11,'�V (�.Vlc'I : On this, ��0� ��,�'j i1�'Y�P.r2012, before me a notary public, the undersigned officer, personally appeared ROBIN S. PIACINE, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. l� , /C��-G/�. ��- (SEAL) ARY P LIC COMMONWEALTH OF PENNSYWANIA Ndarial Ssa� Beverly K.Morgen,Notary PubMc Upper A�n Twp.,CumDedaod County My Cort�miaaion Expires Juy 7,Z013 Member,PennsyNania Aseodation d Noteries - 4 - � IN RE: ESTATE OF CARL L. : COURT OF COMMON PLEAS WESTHAFER, SR., : CUMBERLAND COUNTY, P�NNSYL�ANI.�, :`� Deceased : ORPHANS' COURT DIVISI�I� _ �� ; : FILE NO. 21-12-0449 �' �� `'- = �'� r., _.:_. r-, c_., ... �7 =:..'. j C;� �,�. — .. . .- C? ' • DISCLAIMER t-�a , � "�' _ `�.^' �L �--� ��__ . .. .. , :_..: �-.� _� G,i _ _.:j .. WHEREAS, CARL L. WESTHAFER, SR. died on February;�, 2012, a�ideri��;� of Silver Spring Townshin, Cumberland C�ur.t��; PPnnsylvan�a; WHEREAS, CARL L. WESTHAFER, SR., during his lifetime executed the Last Will and Testament of CARL L. WESTHAFER, SR. dated July 10, 2006; WHEREAS, Article Two, Section 2.01 of the Last Will and Testament of CARL L. WESTHAFER, provides as follows: Article Two Specific and General Gifts Section 2.01 Specific Distribution to William Brad Westhafer As soon as practicable after my death, I give a life estate in the real property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County, to my son, William Brad Westhafer, for as long as he lives or desires to use the property as his home. During the term of the aforesaid life estate, William Brad Westhafer shali ne soleiy responsible tor �ayment ot ail real estate taxes, utilities, sewer or water rents and similar charges on the property and shall at all times maintain adequate hazard insurance on the property. William Brad Westhafer shall also maintain said properiy in a reasonable good state of repair at his own expense. William Brad Westhafer may lease and collect rent on the second dwelling unit located on the property, so long as he resides in the other dwelling unit. If William Brad Westhafer should predecease me, I give a life estate in the property subject to this distribution to his wife, Shirley M. Westhafer, under the same conditions as set forth above. - 1 - �,... . .�..., .��.��.�, _.�_M, �.��..._�. a.,e� ,. T, If William Brad Westhafer and Shirley M. Westhafer should predecease me, or if they choose to no longer use the. property subject to this distribution as their home, I direct my Executor to sell said real estate and personal property and distribute the net proceeds to my then living descendants,per stirpes. Property passing under this Section shall pass free of any administrative expenses or death taxes. WHEREAS, CARL L. WESTHAFER, SR., at the time of his death owned a 60% interest in the property at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; J�JIriE�E�S,firticie Ti�:,e, �ection �.ul o�tne Last WiII and Testament of CARL L. WESTHAFER, SR. provides as follows: Article Three My Residuary Estate Section 3.02 Disposition of My Residuary Estate I give my residuary estate in equal shares to my children, Carl L. Westhafer, Jr., William Brad Westhafer, Robin S. Piacine, and Annette G. Gilbert, or to their then living descendants, per• stirpes. If any of my children have no living descendants, their share shall pass to my surviving children,pro rata. WHEREAS, ANNETTE G. GILBERT is now known as ANNETTE G. DEFLAVIA. WHEREAS, CARL L. WESTHAFER, JR., WILLIAM BRAD WESTHAFER, ROBIN S. PIACINE, and ANNETTE G. DEFLAVIA have a remainder interest in CARL L. WESTHAFER, SR.'S 60% share of the property and are entitled to a share of the net proceeds from the sale of the property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, ANNETTE G. DEFLAVIA has disclaimed any and all rights to her remainder interest and her share of the net proceeds from the sale of said property located - 2 - .' r ' at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County; WHEREAS, less than nine (9) months have elapsed since the date of death of CARL L. WESTHAFER, SR. and the undersigned Disclaimant has not accepted any of the assets under the Last Will and Testament of CARL L. WESTHAFER, SR., nor has she exercised any control as beneficial owner over any such property or any interest therein; WHEREAS, the Disclaimant acknowledges that the effect of the execution of this Disclaimer is that her remainder interest and her share of the net proceeds from the sale of the property located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County will now pass to WILLIAM BRAD WESTHAFER; NOW, THEREFORE, I, ANNETTE G. DEFLAVIA, an adult beneficiary residing at 14 North Seasons Drive, Dillsburg, Pennsylvania, do hereby exercise the rights granted to me in the Pennsylvania Probate, Estate and Fiduciaries Code, 20 Pa. C.S.A. 6201 et seq., to partially DISCLAIM certain of my interests as a beneficiary of the Last Will and Testament of CARL L. WESTHAFER, SR., as follows: 1. I hereby disclaim all right, title and interest to: My remainder interest and my srare of the net proceeds from the sale of the real estate located at 6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County, Parcel No. 38-18-1332-009. 2. I understand that as a result of this Disclaimer I will have no right, title or beneficial interest in this asset only. - 3 - ,.�,..�..m,�� .� ,:_ �.:k�� K a_� � .,�, .�..,�,�. ,� �,,� �, �,,:_ ,» ._.. ,• .' IN WITNESS WHEREOF, intending to be legally bound hereby, I have hereunto set my hand this �5�day of , 2013. WI SS: l� � : l a►�c-�rr�-F,c� � f i+�-�MQ,►� ANNETTE G. DEFLAVIA ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : Nota„a�sea� Ryan Ulmer,NoWry Publk : SS Horsham Twp.,Montgumery County COLJNTY OF r�Q�{'L�(�(�,Q,(�� ; �"��p��s March 30,2oie MEMBER,PENNSYLVMIIA A56pqpT(pN pp NO'�p{��$ On this, � , 2013, before me a notary public, the undersigned officer, personally app •ed ANNETTE G. DEFLAVIA, known to me (ar satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) N ARY PUBLI - 4 -