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HomeMy WebLinkAbout06-02-14 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 farm: Matthew D. Shank Decedent's Information Name: David D Shank File No: 21 -14 a/k/a: (Assigned by Register) alk/a: a/k/a: Social Security No: Date of Death: 05/1212014 Age at Death: 70 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 40 Hair Road,Neviville 17241 Penn Cumberland Street address,Post Cffice and Zip Code City,Township or Borough County Decedent died at Carlisle Reg.Med.Center Carlisle 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 Pennsy lvania........................ All personal property $ 5,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania $ If not domiciled in Pennsylvania................. Personal property in County $ Value of real estate in Pennsylvania........... $ 230,000.00 TOTAL ESTIMATED VALUE $ 235,000.00 (teal estate in Pennsylvania situated at 40 Hair Road,Neyiyi_lle 17241 Penn o Cu nand (Attach additional sheets,if necessary.) n _ r*1 Street address,Post Office and Zip Code City,Township or Borough �_ C— G7 i m a z C�, 7nV ❑ x A. Petition for Probate and Grant of Letters Testamentary M D C r:y r'n Petitioners)aver(s)that he/she/they is/are the Executors)named in the Last Will of the Decedent,dated RI2t]11 13 tV amend Codicils) thereto dated ^" "• '3Z G7 C _ (State relevant circumstances,e.g.,renunciation,death of executor,etc.) r— Except as follows:after the execution of the instruments)offered for probate,Decedent did not marry,was not divorced,was ngga party to a pepdIDg N T divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa QS.§3323(9),and did not havmya child born or o= adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Co ❑ X NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.; . .n.;d.loni pe en e 1 e;durente absentia; urante mmontate 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 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. ❑ NO EXCEPTIONS❑EXCEPTIONS Petitioner(s after a proper search hasMave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional s Wets,if necessary): Name Relationship Address Form RW-02 rev.10.11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Matthew D.Shank 38 Hair Road Newville,Pa 17241 The Petitioner(s)above-named swears)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of thne�Decedent,Petlti (s)will well and truly administer the estate according to law. Sworn to or affirmed and subsc before^�""'' ''�'' � O Date me this or of U ,�L� Date By: 1011 CL,V-L Date For the Register Date BOND Required? El Yes © No To the Register of Wills: FEES Please enter my appearance by my signature below: Letters............................................ $ Attorney Signature: ( 3 )Short Certificate(s).......... � rj No l_)Renunciation(s)............... s (_)codicil(s)......................... -,- O o (_)Affidavit(s)....................... Printed Name: Samuel A Gates Esquire v c " ;;0 Z rn Bond.............................................. Supreme Court •� D r— rrt rrt Commission................................... ID Number: 62399 Other YYI o Firm Name: Gates&Gates,P.C. �, o =0 ... -Tt Address: 250 York Street 'D C rn r crn r- ->, s cn o Hanover,PA 17331 " CID a Phone: 7171632-0971 Automation Fee............................. Fax 717/632-2243 JCSFee......................................... �-3. TOTAL........................................... $ 39 g E-mail: DECREE OF THE REGISTER Date of Death: 0511212014 Social Security No: Estate of David D Shank File No: 21 -14--5_A5 a/k/a: AND NOW, ZDI ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Matthew D.Shank in the above estate and(if applicable)that the instrument(s)dated 02/1112014 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. K7 e ister of Wil ��]�D�r� _ Copynght(c)2011 farm software only The Lackner Group,InC Page 2 of 2 Last Will N and ° r' s � m e o M Testament � _ z D r o m m '� _ � of ru �' '° co David D. Shank a co *i I,David D. Shank,of 40 Hair Road,Newville,Cumberland County,Pennsylvania, being of sound and disposing mind,do make,publish and declare this as and for my Last Will and Testament,hereby revoking any and all Wills by me at any time heretofore made. FIRST:I do direct that all my just debts,including funeral expenses,be paid by my hereinafter named Executor as soon after my decease as may conveniently be done. All inheritance,estate,transfer,succession and death taxes of any kind whatsoever,which may be payable by reason of my death,whether or not with respect to property passing under this will, shall be paid out of my residuary estate. SECOND : I specifically give, devise and bequeath my real property situated at 8016 Mire Pond Two, Chincoteague, Va. unto my sons, Jason S. Shank and Matthew D. Shank. If a son(s) should predecease me, his share shall lapse. In the event my sons can not agree on whether to retain the property as co-tenants or to sell the property and divide the sale proceeds equally, the son desiring to retain the property shall be entitled to buy- out the other son's interest in the property. In 2013 the buy-out value shall be Twenty Page 1 of 6 4D,vid D. Shank Thousand Dollars($20,000.00)and shall increase by Three percent(3%)annually. The buy out price set forth herein shall control and the assessed value,appraised value,fair market value or any other valuation of the property shall not be relevant except to the determination of any inheritance tax. The son opting to retain the property and buy-out the other shall have one-hundred(180)days from receipt of written notice by the other that he desires his interest to be bought-out to exercise such buy-out; otherwise, the option to buy-out is forfeited and the property shall be sold. THIRD : A. I direct my Executor to sell my real property situated at 40 Hair Road, Newville, Pennsylvania. B. Until the property is sold, my fiancee, Janet L. Hoover may continue to reside therein. My estate shall pay all mortgage payments, taxes, insurance and utilities (except telephone and cable/satellite) on the property, without contribution or reimbursement from my fiancee, pending the sale of the property. C. Any life insurance proceeds payable to my estate shall be used by my Executor to apply toward the mortgage payments and/or satisfaction and/or reduction of the mortgage. D. I direct my Executor to utilize the net sale proceeds, after payment of all debts of my estate, pursuant to paragraph FIRST above, to purchase a residence for my fiancee's use. My fiancee, Janet shall control all decisions regarding the purchase of the residence, conditioned upon i) the new property being located in Cumberland, County, Page 2 of 6 David D. Shank Pennsylvania and ii) the property not being subject to a mortgage. Title to the property shall be son's names, Matthew D. Shank and Jason S. Shank, as Tenants In Common, subject to a life estate unto my fiancee,Janet L. Hoover. E. The life estate shall terminate upon any one of the following circumstances; i. My fiancee's death; or ii. Her remarriage or co-habitation. Co-habitation shall be defined as my life tenant residing with and/or staying overnight at any place with another person of the opposite sex for a cumulative total of thirty(30)days or more within any sixty(60)day period; or iii. Her admission to a nursing home, assisted living facility, rehabilitation facility,hospital or otherwise institutionalized for a period of One Hundred Eighty (180) days within a one (1) year period, or iv. Her failure to occupy the property as her principal place of residence for a period of One Hundred-Twenty (120) consecutive days, or v. Her delinquency of more than ninety (90) consecutive days of payment of any utility provided by a municipality or municipal authority,property taxes and assessments, or vi. Her failure to maintain the property and its fixtures in a good and habitable condition commensurate with the condition of the properties in the surrounding community or neighborhood. Her financial obligation shall be limited to repairs aXid Page 3 of 6 David D. Shank maintenance expenses costing less than$1,000.00 per repair/maintenance item. F. Any excess proceeds from the sale of my home, not needed for the purchase of a new residence for Janet, shall be distributed in accordance with paragraph SEVENTH below. SIXTH: I specifically give,devise and bequeath unto my fiancee,Janet L. Hoover her choice of one of my vehicle(s)I own at the time of my death and any furnishings in my home at 40 Hair Road,Newville,except my mother's china cabinet and its contents and my mother's writing desk. SEVENTH:I do give,devise and bequeath the rest and remainder of my estate unto my children, Matthew D. Shank and Jason S. Shank,per sfirpes. EIGHTH : I do nominate, constitute and appoint as Executor of this my Last Will and Testament, my son, Matthew D. Shank. In the event the said Matthew D. Shank is unable or unwilling to serve as the Executor of this my Last Will and Testament, I do nominate,constitute and appoint my son,Jason S.Shank,as the Alternate Executor of this my Last Will and Testament. No fiduciary shall be required to enter bond or furnish sureties in any jurisdiction. Page 4 of 6 1:��Da nk �I IN WITNESS WHEREOF, I, David D. Shank, Testator, have to this my Last Will and Testament,contained on this page and the foregoing pages,set my hand and seal,this 14An day of F(;,&Eu eq 2013. (SEAL) David . Sha The foregoing instrument,contained on this and the preceding pages,was by him signed, sealed, published and declared as and for his Last Will and Testament, in the presence of us,who, in his presence and in the presence of each other,and at his request, have hereunto subscribed our names as witnesses. Gof IARricsx,/2\.. LI4I_V4.jC Of �KjA ft..a-ut�,. , P�� the Testator and 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 Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed,and that each of the witness- es,in the presence and hearing of the Testator,signed the Will as witnesses and that to the best of his/her knowledge,the Testator was at the time eighteen(18)years of age or older, Page 5 of 6 of sound mind and under no constraint of undue influence.. r TESTATOR WITNESS WITNESS SUBSCRIBED, sworn to and acknowledged before me.by David D. Shank, the Testator, and subscribed and sworn to before me by // and Witnesses,this day of R�Ku- 2013. OTARY PUBLIC MY COMMISSION EXPIRES: G9MM9NWHq� 8F" NNSYLVANIA Notarial Seal Carol M.Sweitzer,Notary puboc Hanover owo,York County My C°mmisg°n E�ires oec.11,2015 MEMBEq,PENNSYLVANIA AARON OF rjarmn Page 6 of 6 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00535 PA No. 21- 14- 0535 Estate Of: DAVID D SHANK !first Middle,lest) Late Of: PENN TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: WHEREAS, on the 2nd day of June 2014 an instrument dated February 11th 2013 was admitted to probate as the last will of DAVID D SHANK (first Middle,lestl late of PENN TOWNSHIP, CUMBERLAND County, who died on the 12th day of May 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: MATTHEW D SHANK who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 2nd day of June 2014. Register o �l� QOM I/ol f7 � eputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)