HomeMy WebLinkAbout09-06-13 .. �,
PETITION FOR GRANT OF LETT'ERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVADtIA
Petitioner(s} named below, wha istare l8 yesrs of sge or older, apply(ies) for Lettets as speeified below, and in
support thereof aver{s}the fo3lawing and respectfutly request(s3 the grant of Letters in the appropriate fottn;
Decedent'a Inform�►tion �� � ��^�5�
Name: Danna L.Schneider Ffle No:
alkla: (Aseigned by Register)
a/k/a:
�a: Social Security No:
Date of Death: Au¢ust 26.2d13 Age at deeth: ?4
Deaedent was damiclled at death in Cumberland County,pennqylvau;a (Seare)with his/her iast
principa]residence at 262 Hallvwood Circle Csmu Ii}�L PA 1?011 Camn Hi31 Barou¢ Cumberland
Street oddrees,Poat ORlce and Zip Code City,Towmhip or Boraugh Counry
Dacedent died at H�i,�bure Hosnital Front St Harrisbure PA 17101 Citv of Hartisbw¢ DaLnhin Couqtv PA
Strett pddreas,Post OflSce and 7Jp Code C3ty,Towashtp or Borocgh Caurtiy State
EsNmate of vatuo af decedenYS property at death:
!flonelei(td in PennayNan/u...................... .... .. All personal property $ I7�000.00
Ijnot domtcUed in Peensylvunia. . .... .............. .... Perso�al proporty in Pennaylvania $
If aat domtalls�in Pert+rsylve»Ia. ....................... Pereana]propetty in Caunty S
Vctae aJreat eawte tn PertasyJvania........ ....... ..................... ..................... S i s�,pnnnn
TOTAL ESTIMATED VALUE. . .. $ 169.OQ9 00
Keet estete in Ponnsylvenia siwated at: 202 Hollvwood Cimle.Camn Hill,PA 1?Ul I Catnp Ai12$qrou¢h Cumberland
(Attack additionnt sheets,if n¢crss¢ry.} Street addrsas,Pflst 6p}tee aad Zip Cqde City,ToxmM�f or Bnroug6 CoaMy
� A. PeNtion for Probate and Grant of Letters Testamentarv
Petitianer(s}aver{s)helshehhey is(aro ths Exeouror(s}namcd ia the Iast Wi2t of the Decedenk,dated M8y 30,2407 and Codicit(s)
thereto dated nla �
State relavant circamrtanea(ag.rcnunckMpn,drWh oj.cedcuPor,e�c)
I Ezceptasfoltaws:aftertheexecuHonoftheinstrument{s}atferedforpmbacsDeeaicntdidnotmarry,wasnotdivoread,wasaotapertytoapanding
divorce proceeding wderein tho grounds for divorce had boen establishtd es defined in 23 Pa.C.S. §3323(g),and did not havo a child bprn or
adopted;and Decedent wes neither the victim uf a killing nor ever adjudicated an incapacitatod person. ��-�-�� �
� Q+ NO EXCEPTIONS Q EXCEFTI4NS � � �� � �m-.s
` � �� " �`
Q B. Petition for Crant oC Letters oY Administration (If appticabla) m �-' r� ' ' ;�,'
c.t.a.,d.b.n,d.b.n.c.t.a.,pertdente li� �jn(tnbae�,durunt�', inoritate
If Admin[straHon,ata or db.n.c.i.a.,enter date of Will in SecHon A abuve and t�tn�M�liet o�hei4'e.r
Except es follows: I7ccedent wae not a party to a pending divorcn proceWing wherein thd grounds for r{iyoR�n hed beeo-e�tabllahed�s defined
in 23 Pa.C.S.§3323(g)and waa naither the vicrim of a killing nor ever edjudicated an iacapaoitated per9'elr.�-� r-���� ' ��
� c-y +.,.. '-�
(�}NO EXCEPT[ONS �EXCEPTTONS . o
Petitioner(s),after a proper search has/have asaertained that Decedeet loft no Will and was survivad bythe following spouae 11i any)and heirs(attach
addiNona!sheets,ijnecessory):
Name RelRtlonehi Addrese
i
i
Fo„„.ew-o1 .��.�onuzn�i Page 1 af2 �
Oath oF Personai RepresentaHve orr��ei use o�iy
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTYOF CUMBERLAND } ������r,-_�,'; _- - ^r l}�
�,�; ��� �
Petitioner(s)Printed Name PetiNoner(s)Printed Address
Frank X.Schneider 622 Sand i er Lane Nel'V:�uM6Edan�P.A��}�0�� ��
Nina M.DelGrande 19 Cedarhurst Lane,Cam Hill,P 1� .i �
R�NA`rdS' i;;: �i�-i
CUMBERLAPJL :4., �A
The Petitioner(s)above-named swear(s)or affirtn(s)the statements in the foregoing Petition are true and correct to the beat of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the D dent,the Petitioner(s)will well an tmly administer the estate accor/ding to law.
Swom tq Qz affirmed and subscribed before � Dace 9/-Zst"-t'—�
me this �p���� day of , '�DI'� �ace L
By� Date
For(he Regisler DetE
BOND Required: Q YES Q NO To the Register af Wllls:
FEES: Pleaee enter my rppeannce by my signature bNow:
Letters . . . . . . . . . . . . . . . . . . . . . . $ /1110(J Attorney Signature:
"'.`-7n—
( 10)Short Certi£cate(s). . . . . . _���
( 0)Renunciation(s).. . . . . . . . /���i22-'i� �l ( .�i�FilF�".�— ._
( 0)Codicil(s). . . . . . . . . . . . .
0 Affidavit s �
� ) � ).. . . . . . . . . . .
Bond.. .. . . . . . . . . . . . . . . . . . . . . Printed Name: Mark E.Halbruner,Esq.
Commission. . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . � ID Number: 66737
. . . . . . . . 1�
Y1 . (rY1 . . . . . 1'S Firm Name: Gatea,Halbruner,Hatch&Guise,P.C.
. . . . . . . . Address: ]013 MummaRd_ Ste. t00
. . . . . . . . i.emnvns PA 17043
Phone: 717-731-9600
Automation Fee. . . . . . ==-�1`Zi'�'S�SYL Fax: 717J31-9627
JCS Fte. . . . . . . . . . . . . . . . . . . . . Email: M Halhmne eratesl.awFirtn rnm
TOTAL. . . . . . . . . . . . . . . . . . . . . S
DECREE OF THE REGISTER
Estate of Donna L. Schneider File No: �I ^ ��� ��j�
a/k/a:
AND NOW, ��'f PXY��_ � a��3 ,in consideration of the foregoing Pedtion,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testaenentarv
are hereby granted to Frank X. Schneider and Nina M.DelGrande
in the above estate and(if applicable)that
the instrument(s)dated Mav 30,2007
described in the Petition be admitted to probate and filed of record as the last Wili (and Codicil( ))of Decedent.
l� ��f '�.�
egister of Wills �I �(qn
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Form RW-01 .ev. ioiunoii Page 2 of 2 1n
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o„ao,�.�o�o..m�.�oO9✓�./��' ��o�-�,3 a.�
0.EV OJ/3013
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LAST WILL AND TESTAMF.AFT�:��1^: 4 F
DONNA L. SCHNE$1Elt , � ` l_!_`o
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,� �-�. ,� � F�,�l 1� .,
I, DONNA L. SCHNEIDER, a resident of CiiriibJerYand County,Pennsylvania, do publish
and declaze this to be my Last Will and Testament,hereby revolqngall�e�her�rior wills and codicils
madebyme. pi.; ''„�NS' ��'J�ii
CUf•tEER��r.`iD GO., ''A
FIRST: Family Back$round and Appointment of Executor.
(A) FamilX and Background Information. I am not married. I am the widow of
FRANCIS A. SCHNEIDER. I have four children, MARIA A. BEAL, CHRISTINA M.
CARLSON,NINA M.SCHNEIDER and FRANK X.SCHNEIDER,and they will be referred to
as "my children"throughout this Will.
(B) Auoointment of Executor. I appoint my son,FRANK X.SCHNEIDER, and my
daughter,NINA M.SCHNEIDER,to act jointly as Executors under this Will,and if either of them
predeceases me, bewmes incapacitated, resigns or does not complete the duries of Executor, then
the remaining one of them shall act individually as Executor. The aforenamed persons aze a11
hereinafter refened to as"Executor",and they shall serve without bond and without being required
to account to any court.
SECOND: Funeral and Last Illness Expenses: Taxes.
(A) Exoenses of Funeral and Last Illness. I direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate,inheritance,succession,legacy,
transfer and other death taxes or duties,by whatever name called,including any and all interest and
penalries thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will,out of my residuary estate,without being prorated
or apportioned among or chazged against the respective devisees,legatees,beneficiaries,transferees
or other recipients of any such property or chazged against any property passing or which may have
passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any
such taxes from any such person.
THIRD: Tangible Personal Pronertv. Except for those items excluded in this Will and
those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property,
including but not limited to clothing,jewelry, furniture, household furnishings, household goods,
personal effects,motor vehicles and all other similaz azticles which I own,and the insurance thereon,
to my children(and the surviving issue of any deceased children),to be divided among them as they
dB�r�. �
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LAST WILL AND TESTAMENT
OF
DONNA L. SCHNEIDER
PAGE2
may select in as nearly equal shares,per stirpes,as is practical. Tangible personal property shall not
include: (1)any and all property used by me in any business,(2)cash on hand or on deposit in banks,
(3) stock or securities, (4)any type of evidence of indebtedness and(5)any life,health or accident
insurance policies.
If there is any disagreement as to distribution,I direct my Executor to make such distribution,
and the decision of my Executor shall be final and binding. Any items not selected or any items
which my Executor considers unsuitable for my beneficiaries may be distributed or sold in the sole
discretion of my Executor, and if sold, the net proceeds therefrom shall be added to the residue of
my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be
delivered to the minor or to any person to safeguard on behalf of the minor. The reasonable costs
of protecting, appraising, packing, storing, shipping, cleaning, delivering and insuring all items
distributed in this Article THIRD sha11 be paid as expenses of administering my estate.
Notwithstanding any other provisions in this Article THIRD, I may leave a sepazate, dated
and unsigned Letter of Instruction,which I shall place with this Will,containing directions as to the
ulrimate disposition of certain of the property bequeathed under this Article THIRD,and such Letter
of Instruction sha11 determine the distribution of such items.
FOURTH: [This article has been intentionally left blank.]
FIFI'H: Residuary Estate.
(A) I give,devise and bequeath all the rest,residue and remainder of my estate,of every
kind and chazacter, rea1, personal and mixed, tangible and intangible, and wherever situated,
including any lapsed or renounced legacies, devises or residuary bequests and any property over
which I may have a power of appoinhnent, in equal shares to my children, provided that the share
of any child who does not survive me shall be distributed to the predeceased child's then-living issue
in equal shares, pet stirpes.
(B) Except as otherwise provided herein,whenever the Executor is directed to distribute
any estate assets to a beneficiary who is less than twenty-five(25)years old,the Executor sha11 hold
such properry in sepazate trust for the beneficiary until the beneficiary becomes twenty-five (25)
years old, and in the meantime the Executor shall use such part of the income and the principal of
the sepazate trust as the Executor,in the Executor's sole discretion,deems necessary to pmvide for
the proper health,maintenance, support and educarion of the beneficiary,taking into account other
resources available to thebeneficiary. Ifthe beneficiarydies beforebecoming twenty-five(25)years
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LAST WILL AND TESTAMENT
OF
DONNA L. SCHNEIDER
PAGE3
old, the property then remaining in separate trust shall be distributed to the beneficiary's issue in
equal shares, per stirpes, subject to the terms of this paragraph. When acting as Trustee, the
Executor shall have such powers as aze otherwise granted under this Will to the Executor.
(C) Prior to final distribution of my estate,the Executor,in the Executor's discretion,may
make partial distributions to one or more beneficiaries or trusts. As a consequence,the executorship
and any husts created under this Will may exist contemporaneously. A distriburion may be made
subject to any indebtedness or liability of my estate.
SIXTH: Scendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his interest in the estate or any trust estate in any manner other than by the valid
exercise of a power of appointment. No part of the estate or any trust estate sha11 be liable for or
chazged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other
process by any creditor of a beneficiary.
SEVENTH: Powers of Executor. In addition to such powers and duties as may have been
granted elsewhere in this Will or by law,but subject to any limitations stated elsewhere in this Will,
the Executor shall have and exercise exclusive management and control of the estate and shall be
vested with the following specific powers and discretion:
(A) In the management, caze and disposition of the estate, the Executor shall have the
power to do all things and to execute such instruments as may be deemed necessary or proper,
including the following powers, all of which may be exercised without order of or report to any
court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any teim notwithstanding the period of the estate,and to grant
options, including any option for a period beyond the durafion of the estate.
(2) To invest all monies in such stocks,bonds, securities,mortgages,notes, choses
in action,real estate or improvements thereon, and any other property as the Executor may
deem best, without regazd to any law now or hereafter enforced limiting investments of
fiduciaries.
(3) To retain for investment any property deposited with the Executor.
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LAST WILL AND TESTAMENT
OF
DONNA L. SCHNEIDER
PAGE 4
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regazd to any reorganization,merger,consolidarion,liquidation,
bankruptcy or other procedure or proceedings affecring any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents if such
employment is deemed necessary or desirable,and to pay reasonable compensarion for their
services.
(6) To compromise,settle or adjust any claim or demand by or against the estate and
to agree to any rescission or modification of any contract or agreement affecting the estate.
('n To renew any indebtedness, as well as to borrow money, and to secure the same
by mortgaging, pledging or conveying any property of the estate, including the power to
boaow from the Executor at a reasonable rate of interest.
(8) To retain and cazry on any business in which the estate may acquire an interest,
to acquire addirional interest in any such business,to agree to the liquidarion in kind of any
corporation in which the estate may have an interest and to cazry on the business thereof, to
join with other owners in adopting any form of management for any business or property in
which the estate may haue an interest, to become or remain a partner, general or limited, in
regard to any such business or property and to hold the stock or other securities as an
inveshnent, and to employ agents and confer on them authority to manage and operate the
business,property or corporation,without liability for the acts of such agent or for any loss,
liability or indebtedness of such business if the management is selected or retained with
reasonable caze.
(9) To register any stock,bond or other security in the name of a nominee,without
the addition ofwords indica6ng that such security is held in a fiduciary capacity,but accurate
records shall be maintained showing that such security is an estate asset, and the Executor
shall be responsibie for the acts of such nominee.
(B) In making distributions from the estate to ar for the benefit of any minor or other
person under a legal disability,the Executor need not require the appointment of a guazdian but shall
be authorized to pay or deliver the same to the custodian of such person,to pay or deliver the same
to such person without the intervention of a guazdian,to pay or deliver the same to a legal guazdian
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LAST WILL AND TESTAMENT
OF
DONNA L. SCHNEIDER
PAGE 5
of such person if one has already been appointed,or to use the same for the benefit of such person.
(C) In the disbursement of the estate and any division into separate shares,the Executor
shall be authorized to make the distribution and division in money or in kind,or both,regazdless of
the basis for income tax purposes of any property distributed or divided in kind,and the distribution
and division made and the values established by the Executor shall be binding and conclusive on all
persons taking hereunder. The Executor may in making such distriburion or division allot undivided
interests in the same property to several shazes.
(D) The Executor shall be authorized to lend or borrow,including the right to lend to or
borrow from my estate or any trust created by me during life or by will at an adequate rate of interest
and with adequate security,and upon such terms and condirions as the Executor shall deem fair and
equitable.
(E) The Executor shall be authorized to sell or purchase at the fair mazket value, as
determined by the Executor,any property to or from my estate or any trust created by me during life
or by will,even though the same person or corporarion may be acring as executor of my estate or as
trustee of any of my trusts.
(F� The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
equitable and fair under a11 the circumstances, including the power to amortize or fail to amortize
any part or all of any premium or discount, to treat any part or all of the profit resulting from the
maturity or sale of any asset,whether purchased at a premium or at a discount,as income or principal
or apportion the same between income and principal, to apportion the sales price of any asset
between income and principal, to treat any dividend or other distribution of any inveshnent as
income or principal, or apportion the same between income and principal, to chazge any expense
against income or principal or apportion the same, and to provide or fail to provide a reasonable
reserve against depreciation or obsolescence on any assets subject to depreciarion or obsolescence,
all as the Executor may reasonably deem equitable and just under all the circumstances.
(G) The Executor shall have discretion to disclaim on my behalf any interest, in whole
or in part, in property passing(i)by intestate or testate succession, (ii)by inter vivos transfer, (iii)
by joint tenancy or tenancy by the entirety, (iv) from any life insurance policies, annuiries or other
accounts having designated beneficiaries, "pay on death" beneficiaries or "transfer on death"
beneficiaries, (v)under any trust,and(vi)from any other source. The Executor shall be authorized
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LAST WILL AND TESTAMENT
OF
DONNA L. SCHNEIDER
PAGE 6
to execute an appropriate writing and to perform all acts necessary to make a qualified disclaimer
as defined by the Internal Revenue Code and regulations.
EIGHTH: Ri�hts and Liabilitles of Executor. No bond or other security shall be required
of the Executor. This instrument shall always be construed in favor of the validity of any act or
omission by the Executor. The Executor shall not be liable for any act or omission except in the case
of gross negligence,bad faith or fraud. Specifically, in assessing the propriety of any investment,
the overall performance of the entire estate shall be taken into account. The Executor shall be
entitled to reasonable compensation for services actually rendered to my estate and reimbursement
for reasonable expenses incurted in the performance of such services.
NINTH: Tax Elections. In determining the estate, inheritance and income taac liability
relating to my estate,the Executor's decision as to all available tazc elections shall be conclusive on
all concerned. In accordance with Internal Revenue Code§2632(a)(or its successor provisions)and
without regazd to whether a federal estate ta�c return is actually filed, the Executor shall allocate so
much of the federal Generation Skipping Transfer(GST)exemprion amount as will fully exempt any
generation skipping transfer which may occur under this Will.
TENTH: Deffnitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty(60) days after my death shall be
considered not to have survived me.
(B) Trust Estate. "Trust estate" means all assets, however and wherever acquired,
including income,which may belong to a trust at any given time.
(C) Issue. Except for discretionary distributions which may be made unequally among
a group of persons and distributions pursuant to a valid exercise of a power of appointment, in
making a distribution to the issue of any person,the property to be distributed shall be divided into
as many shares as there aze living children of the person and deceased children of the person who
left children who aze then-living. Each living child sha11 take one shaze, and the share of each
deceased child shall be divided among his then-living descendants in the same manner. A
posthumous child sha11 be considered as living at the death of his parent.
(D) Other terms. The use of any gender includes the other gender,and the use of either
the singulaz or the plural includes the other.
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LAST�yILL ATTD TES'�'AMENT
OF
DONNA L.SCHNEIDER
PAGE 7
(E) Ca ' ns. The captions set forth in this Will at the beginning of the various divisions
hereofare for convenience of referenae oniy and shaii not be deemed to define or limit Ute pravisians
hereof or to affect in any way their oonstructian and application.
{F) Pawers of Appoitntment. By this Wiii,I exercise anp powers of appointment which
I passess at the time of my death.
IN WIT'NE3S WHEREOF, I, DONNA L. SCI3NEIDER, the Testator, have to this my
Last Will and Testament, typewritten on eight (8} pages, including the Acknowledgment and
Affidavit, set rny hand and seal this?�day of�, 2007.
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DClNNA L,SCHNEIDER
Signed, sealed, published and declared by the abave-narned Testator, as and for her Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at her reqnest, as
witnesses hcreto,in the presence of the said Testator, and in the presence of each other. Each of us
fuRher declares that he believes the Testator to be of sound mind and rnemory. The preceding
instiument conaists of this and seven{?}other consecutively numbered typewritten pages including
the Acknowledgment and Affidauit.
X 8,�1�a-�' Ot . �y"�l, 0.�lULt�siding at Boiling Springs,Pennsylvania
C ol L. Frankland, Witness
�„ ,�c�. ��"— residing at Mechanicsburg, Pennsylvania
Mark E. Halbruner, Witness
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ACKNOWLEDGMENT AN�1 AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA .
. SS:
COUI3TY OF CIJMBERLAND .
The Testator and the witnesses whose names aze signed and subscribed to the attached or
faregaing instrument,being first duly swam and qualified according to law,do hereby acknowtedge,
deperse and say to tha undersigned autharity, that the Testator signed and executed the instrument
as her Last Will in the presenoe of the witnesses; that she signed it willingly or willingly directed
another to sign it for her;that she executed it as her free and voluntazy aet far the purposes therein
expressed; that each of the witnesses were present and saw the Testatar sign and execute the
instnttnent as her Last Wiil; that each s�bscribing witness in the hearing and sight of the Testator
signed tha will as witnesses; and that to the best of their knawledge the Testator was af that time
eighteen yeazs of age or older, of sound rnind and under no constraint or undue influence.
�����
Donna L. 3chneider,Testator
�i��-„�-�-,�,, ,�' ���,-,..�° ��-���� '
Cazal L. Frankland, Wimess Mark E. Halbruner,Witn s�
Sworn to or af�irmed, sub cribed to, and ackno ledged, before me by the above-named
Testator and witnesses,this��day of____�1���_, 2d0'7.
�rQ �' �,� ..�lc�rvt�,-
Natary Public T
C:OMMONWL�AL(k3 ii(� PENNSYLUANIA
Notarial Seat
1'c�aci G.Sepkwi�.Nomry Public
LeMoyne Boro,Cumbuland County
My Comm�sston Expiras Mar. 18,2608
MemC�r.�a�•.,;.^,,.-ni- . .� . of Notaries