Loading...
HomeMy WebLinkAbout09-18-14 PETITION FOR �GRANT OF LETTERS REGISTER OF WILLS OFCL ,,9-7-'C—?/—..4 Z ICOUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 1$ 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 Informca�t�iona �,,_ Name: � ��C�t tsl File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security Not,? Date of Death: Age at death: Jr- Decedent was domiciled at deat 'nCounty, (state)with his/her last principal residence at Street address,Post Office and Zip Code City,Township/or Borough County Decedent died at 9x / r—g A?,-,LF �Oi ,fAnLi2r Street address,Post Office and Zip Code City,Townshiplor Borough County State Estimate of value of decedent's property at death: p If domiciled in Pennsylvania............................ All personal property $ , O 7 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $� Pl Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County QA Petition for Probate and Grant of Letters Testamentary �� ,,, etitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated AL Y ?&J�and Codicil(s) thereto dated 4I4 SL 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. K0 EXCEPTIONS Q EXCEPTIONS Q B. Petition for Grant of Letters of Administration (If 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.nx.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. QNO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and wa;survived by the following spouse(if any)and heirs(attach additional sheets,f necessary): Name Relationship Ad ess C'7 ryl C> v � r n c, FTI + � f 3 Cn Ca C:) ;rl Form RW-02 rev.1011112011 page 1 Of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF OUM&X mind } Petitioner(s)Printed Name Petitioner(s)Printed Address / SOLI /� �D '7il)41 76 The Petitioiier(s)above-n-amed 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 cedent,the Petitioner(s)w'1 well and truly administer the estate according to law. Sworn to; r affirmed and subscribed before Date 'lie tl, s _day of Date $y;( , Date Fhe Register Date BOND Required:Q YES Efj NO To the Register of Wills: FEES: Please enter my appearance by my signature below: ry Letters . . . . . . . . . . . . . . . . . . . . . . $ 95 Attorney Signature: C'> Yr1 ( ) Short Certificate(s). . .. . . ( � )Renunciation(s).. . . . . . . . r`�r� �? C: 70 ( )Codicil(s). . . . . . . . . . . . . rn ( )Affidavit(s).. . . . . . . . . . . :a T, r ►-'' rrn rn Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court C> Other . . . . .. . . ID Number: 4 ` Firm Name: '7 `� in r-Q. tf . . . . . . . . 1! Address: r.� G7 a O . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . C) Email: TOTAL. . . . . . . . . . . . . . . . . . . . . DECREE OF THE REGISTER Q2 Estate of File No: _21' a/k/a: AND NOW, �N) -Q M b2,r lam _, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT I DECREED that Letters are hereby granted tc e n CIn in the ahov6.Jstate 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 Cudicil(s))of Decedent. Register of Wills e � Ch CL C Form RW-02 rev. 10/11/2011 Pag& f 2 a c M Co M -n o C7 W rw rn WILL .. cs.a `co o C:3 I, BETH A. SHAMBAUGH, of Cumberland County, Pennsylvania, make this will, hereby revoking all my former wills and codicils. ARTICLE ONE BEQUEST OF TANGIBLE PERSONAL PROPERTY §1.1 I bequeath all my tangible personal property, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is located or received by the executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the executor shall be held harmless for distributing such property as hereinafter provided. §1.2 1 bequeath any such property not disposed of by such a memorandum to my companion, BRENDA K. BUFFINGTON, if she survives me. If my said companion does not survive me, I bequeath such property to my brother, CHARLES U. SHAMBAUGH, if he survives me. §1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the executor as an administrative expense of my estate. In addition, to the extent practicable in the executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. ARTICLE TWO DISPOSITION OF RESIDUE §2.1 I devise and bequeath all the residue of my estate to my companion, BRENDA K. BUFFINGTON, if she survives me. If my said companion does not survive me, I devise and bequeath said residue to my brother, CHARLES U. SHAMBAUGH, if he survives me, or, if he also does not survive me, to his issue who survive me,per stirpes. ARTICLE THREE APPOINTMENT OF FIDUCIARIES §3.1 I appoint my companion, BRENDA K. BUFFINGTON, executor of this will. If my said companion is unable or unwilling to act or continue as executor, for any reason whatsoever, I appoint my brother, CHARLES U. SHAMBAUGH, successor executor. ARTICLE FOUR DISTRIBUTION TO CUSTODIAN §4.1 Except as otherwise may be provided in this will, if any beneficiary entitled to receive a mandatory distribution of property from my estate is under 25 years of age, the fiduciary then serving shall distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by such fiduciary(including such fiduciary), under the Pennsylvania Uniform Transfers to Minors Act until such beneficiary attains the age of 25 years, and such custodian's receipt therefor shall be a complete release of such fiduciary. ARTICLE FIVE POWERS OF FIDUCIARIES §5.1 No fiduciary under this will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: -2- §5.3 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.4 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.5 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §5.6 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §5.7 To engage in litigation and compromise, arbitrate or abandon claims; §5.8 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §5.9 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; §5.10 To allocate, in the executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; and §5.11 To disclaim any interest I may have in any estate if my executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE SIX PROVISION FOR TAXES §6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any(a)property passing under the terms of this will subject to any such tax and (b) trust includible in my estate for federal estate tax purposes that is a charitable remainder -3- trust within the meaning of Section 664 of the Internal Revenue Code, and any penalties thereon, shall be paid by the executor out of the principal of that portion of my estate disposed of by ARTICLE TWO of this will, and all interest with respect to any such taxes shall be paid by the executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the executor,without reimbursement from or apportionment among the beneficiaries, recipients or owners of such property for any such taxes,penalties or interest; provided, however, that no such taxes, penalties or interest shall be charged against any property of such portion of my estate that otherwise passes to charity and for which my estate would be entitled to a charitable deduction for federal estate tax purposes. As to any other property, the transferee thereof or any fiduciary holding legal title to such property, as the case may be, shall bear liability for all such taxes, penalties and interest thereon. In accordance therewith, I direct the executor to exercise all rights of reimbursement granted under Sections 2206, 2207, 2207A and 2207B of the Internal Revenue Code (to the full extent permitted therein) and under state law as to any property subject thereto. ARTICLE SEVEN MISCELLANEOUS PROVISIONS §7.1 Any term used in the singular or plural, or in the masculine, feminine or neuter form, shall be singular or plural, or masculine, feminine or neuter as a proper reading of this will may require. §7.2 As used in this will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. -4- §7.3 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. §7.4 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. §7.5 Every successor or additional fiduciary shall have all rights,powers, privileges and duties, whether discretionary or otherwise, herein given to the original fiduciaries and shall be subject to the same reservations, limitations, terms and conditions. §7.6 In case of the merger or consolidation of a corporate fiduciary, the resultant company shall become such fiduciary's successor without notice to any party. IN WITNESS WHEREOF I have hereunto set my hand and seal this 401 day of 2005. (SEAL) BETH A. SHAMBAIJUH Signed, sealed, published and declared by the above-named BETH A. SHAMBAUGH as and for her last will, in the presence of us and each of us, who, at her request and in her -5- and in her presence and in the presence of each other, have hereunto subscribed our names as wi esses thereto the day and year last above written. esiding at *4 NI t { t6U residing at 1-1P a residing at 61J Sip , 7� eustis &e�r� o 3s -6- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF I, BETH A. SHAMBAUGH, the testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Zm' BETH A. SHAMBA G Sworn to or affirmed and acknowledged before me by BETH A. SHAMBAUGH, the testator, this 410V day of /V,4y , 2005. (SEAL) Not4fy Publi COMMONWEALTH OF PENNSYLVANIA TAASEAL JACLYN W.ADKKIINNS, Notary Public Upper Allen Twp. Cumberland Co. My Commission Expires Dec.6,2008 -7- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF Curh� QL��o We, k� ` ea.r. 1,��I I�-t,t� �l�-m Pfd and krni 4.ruU—) , the witnesses whose names are signed to the attached or foregoing instrument,being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as her Last Will; that the testator signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. t,4)ness Gh � 0 Witness (1�e" ji Witness Sworn to or affirmed and subscribed to before me by C1j ezV A4n1L-'ZA 1-n, &Y, and &/r t-y �S �'A•c✓��C , witnesses, this /r// day of m�y , 2005. Y (SEAR Nota ubli "R COMMONWEALYH OF PENNSYLVANIA NOTARIAL SEAL JACLYN W.ADKINS, Notary Public Upper Allen Twp. Cumberland Co. My Commission Expires Dec.6,2008 -8- r r r MEMORANDUM In accordance with ARTICLE ONE of my will dated 32005, and any codicil thereto, I, BETH A. SHAMBAUGH, bequeath the items of tangible personal property herein specified that I still own at the time of my death to the following beneficiaries who survive me: (1) To (2) To (3) To (4) To (5) To Date: BETH A. SHAMBAUGH