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HomeMy WebLinkAbout10-11-13 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: Jayne A. Shipman File No: r9 I— 13 ' OW a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: September 30 2013 Age at death:72 Decedent was domiciled at death in Cumberland County,Pennsylvania (State)with his/her last principal residence at 106 West Main Street Shiremanstown PA 17011 Cumberland _ Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Messiah Villaee 100 West Mt Allen Drive Mechanicsburg,PA 17055 Cumberland 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 $ 1,550,000.00 If not domiciled in Pennsylvania. ........ . .. . . . . . .. ..... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ... ..... . . . . . . .— ..... Personal property in County $ Value of real estate in Pennsylvania.. ...... . . . . ... .. ..... . . . . ... . . . . . .. . . ......... . . . . . .... . $ 350,000.00 TOTAL ESTIMATED VALUE. ... $ 1.900.000.00 Real estate in Pennsylvania situated at: 106 West Main Street Shiremanstown PA 17011 Cumberland (Attach additional sheets,ifnece.ssary) 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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated April 18,2012 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 parry 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS o EXCEPTIONS F1 B. Petition for Grant of Letters of Administration (ifapplicable) c.l.a.,d.b.n.,d.h.n.c.f.a-pendente lite, durante ahsentia,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.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. O NO EXCEPTIONS O EXCEPTIONS _ ;;pp Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follow spouse(ifanyand heei (p{tach additional sheets, if necessary): �� n t7 O Name Relationship Adit rEsa T3 fti r M tT -t Form aw-02 rev 10/11/2011 Page I of 2 Oath of Personal Representative Official Use Only RECORDED OFrIC OF S5: COMMONWEALTH OF PENNSYLVANIA } REGISTER OF VIlL } COUNTY OF CUMBERLAND } .!t+ n T Petitioner(s)Printed Name Petitioner(s)Printed Address Jefferson Jay Shipman 102 West Main Street Shiremanstown PA 17011 CLERK OF +�r tlNidJ COt1R) r 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,the Petitioner(s)will will and truly administer the estate according to law. ,. Sworn t r affirmed d subscribed before `l �/zd4T ./� Dace l� 1 me s da Of � Date By Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( 7) Short Certificate(s). . . . . . GAD ( )Renunciation(s) . . . . . . . . � ( )Codicil(ss). .. .. .. .. . . _ . . . . ( ) Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Heather D.Royer,Esq. Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . to Number: 76327 ' I . . . . . . Firm Name: Smigel,Anderson&Sacks,LLP cs�l — Address: 4431 North Front Street 3rd Floor . . . . . . I J Harrisburg,PA 17110 . . . . . . Phone: (717)234-2401 Automation Fee. . . . . . . . . . Fax: (717)234-3611 JCS Fee. . . . . . . . . . . . . . . . . . . . Email: hrn saclln rnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ 2 I DECREE OF THE REGISTER Estate of Jayne A. Shipman File No:40 a/k/a: AND NOW, V I _, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Jefferson Jay Shipman in the above estate and(if applicable)that the instrument(s)dated April 18 2012 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Registerof Wills pq Q Form RW-o2 rev. 1011201 r-t Page 2 oft " Last Will and Testament OF JAYNE A. SHIPMAN I, JAYNE_ A. SHIPMAN, of the Borough of Shiremanstown, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts,and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my motor vehicle(s), household goods and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto those of my children who survive me, to be divided among them with due regard for their personal preferences in as nearly equal shares as is practical. If there be disagreement as to the disposition of any item or items described in this Article odirect tlt susla item or items shall be disposed of as part of the residue of my Estate under Article III. J , x n 'x1 C' o .� o -n -rte A rZ r rr (n Cl) r ARTICLE III REST,RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue, and remainder of my Estate, of whatsoever nature and wheresoever situate, in equal shares unto my children, JEFFERSON JAY SHIPMAN, LEE TODD SHIPMAN and JUDSON ROSS SHIPMAN. Should any of my children predecease me, I give and bequeath such deceased child's share unto his then-living issue, per stirpes. ARTICLE IV DISTRIBUTION TO BENEFICIARIES UNDER THE AGE OF TWENTY-FIVE (25)/.INCAPACITATED BENEFICIARIES Whenever my Personal Representative is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in my Personal Representative's sole discretion exercised in good faith), my Personal Representative may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute'such property to a custodian for such beneficiary, whether then serving or selected and appointed by my Personal Representative (including my Personal Representative), under any applicable Uniform Transfers to Minors Act — or Uniform Gifts to Minors Act, or may distribute such property directly to such beneficiary without liability on the part of my Personal Representative to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. 2 ARTICLE V POWERS OF FIDUCIARIES My fiduciaries shall have the following powers in addition to those vested by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as my fiduciaries deem appropriate. B. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciaries deem proper, without regard to any principle of diversification or risk. C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciaries deem proper, without regard to any principle of diversification or risk. D. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as deemed proper. E. To allocate receipts and expenses to principal or income or partly to each as from time to time considered appropriate. 3 F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other tax refunds and the payment of such taxes as my fiduciaries shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. ARTICLE VI TAXES I direct that all estate, inheritance, transfer and other taxes of similar nature payable by reason of my death, together with any interest or penalties thereon, and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my Estate. ARTICLE VII CUSTODIAN OF ESTATES If, at any time any individual under the age of twenty-five (25) shall be entitled to receive any assets by reason of my death other than those passing to such individual under the terms of this Will, whether payable by operation of law or by contract, I appoint my Personal Representative as Custodian under the Pennsylvania Uniform Transfers to Minors Act to hold such assets for the benefit of such individual to the age of twenty-five (25) years. 4 ARTICLE VIII APPOINTMENT OF PERSONAL REPRESENTATIVE I name, constitute and appoint my son, JEFFERSON JAY SHIPMAN, Executor of this my Last Will and Testament. Should my son, JEFFERSON JAY SHIPMAN, fail to qualify or cease to so act, I name, constitute and appoint my son; JUDSON ROSS SHIPMAN, alternate Executor to complete"the administration of my Estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. l authorize my Executor or Successor to act as ancillary administrator of my Estate in any state without the necessity of posting bond or of selecting an ancillary administrator for such purposes. IN WITNESS WHEREOF,'I hhaave� hereunto set my hand and seal to this, my Last Will and Testament,this day of y// +ir 2012. (SEAL) JAYNE A. SHIPMAN Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other,have hereunto subscribed our names as witnesses. 9 /l2" :487536 5 AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, JAYNE A. SHIPMAN;UOYU(VI T 1 a4A and 7 b• Y✓I�C(S the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly swom, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. A E A. SHIPMA Wit ne Witness � Q�Subscribed, swom to and acknowledged before me by JAYN(nE A. SHIPMAN, Testatrix, and and b wl�(f.YS witnesses,this day of aoyd 2012. L iSLI.U�—� Notary Pu lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dana L Wkaeman,Notary Public Lemoyne 8m,Cumberland County My Commiaapn&Mw Jan.16.2013 Member,Ponneylvalilm ActlWollon of Notaries