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Home My WebLink About10-27-14 Neil W.Yahn,Esquire Attorney I.D.No. 82278 Gregory A.Kogut,Jr.,Esquire Attorney LD.No. 306774 JSDC Law Offices P.O.Box 650 Hershey,PA 17033 Attorneys for Petitioner IN RE: ESTATE OF : REGISTER OF WILLS OF KARIN J. SHUMAKER, : CUMBERLAND COUNTY, PENNSYLVANIA�� -.- � � Deceased : c_. `� � -� : ORPHANS COURT DIVISION- �' � � r� � c. �_ : REGISTER OF WILLS ':� �:- c7 —{ c;: :.;� : FILE NO.: Z�/7�p� ; : f:,:, N r.� , . . �� . ., ..�5 ... . ._ f...:J PETITION TO PROBATE PHOTOCOPY OF THE , � �' � �� ,-r WILL OF KARIN J. SHUMAKER G3 ,�- �:�; , r� TO LISA M. GRAYSON, REGISTER OF WILLS � �" � AND NOW, comes James E. Shumaker by and through his attorneys, JSDC LAW OFFICES, respectfully stating that: 1. James E. Shumaker(herein the "Petitioner") is the surviving spouse of Karin J. Shumaker(herein the "Decedent") who died a resident of Upper Allen Township, Cumberland County, Pennsylvania on May 30, 2014. An original Death Certificate is attached hereto as Exhibit"A" and made a part hereof. 2. At the time of her death, Decedent maintained her principal residence at Messiah Lifeways, 100 Mount Allen Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania. 3. Decedent is survived by Petitioner and their three (3) children reflected below: a. James E. Shumaker (spouse) 74 Lone Oak Drive Marysville, PA 17053 b. Linda K. Shumaker(daughter) 2170 Winston Road Harrisburg, PA 17112 c. Ted E. Shumaker(son) 411 S. York Road Dillsburg, PA 17019 d. Donald L. Shumaker(son) 612 Benjamin Court LaPlace, LA 70069 4. On October 27, 2005, Decedent executed her Last Will and Testament (herein the "WiIP'), a copy of which is attached hereto as Exhibit "B" and made a part hereof. The will was prepared by Attorney James Goldsmith. The execution of the Will was witnessed by 3 individuals and notarized by Tamara S. Hair, a Notary Public. Petitioner is named as Executor of the Will and was named as the sole beneficiary. 5. The attached photocopy was provided by Petitioner. 6. Petitioner and Petitioner's son, Ted E. Shumaker, have searched Decedent's principal residence and former residence (current residence of Petitioner) for the original Will and have been unable to locate it. The decedent did not maintain a safe deposit box. 7. Petitioner and the collective children do not believe that the Decedent destroyed the Will. 8. Since the signing of the Will, Petitioner and the collective children do not believe that the Decedent amended or made a new will. 9. The children have consented to and joined in this Petition as reflected in the executed Consents and Joinders attached hereto and marked collectively as Exhibit"C". WHEREFORE, Petitioner respectfully requests that the photocopy of the Last Will and Testament of Karin J. Shumaker dated October 27, 2005 should be admitted to probate as if it were the original. Respectfully submitted, JSDC LAW OFFICES Date: 1� 1'� � 1 By: � N il W. Yahn, Esquire tty. ID No. 82278 Gregory A. Kogut, Esquire Atty. ID No. 306774 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 Attorneys for Petitioner COMM4NWEALTH OF PENNSYLVANIA . COUNTY OF �'�. Y�' y' . �—_. James E. Shumaker, being duly sworn according to law, deposes and says that he is the Petitioner in the faregoing Petition and the facts set forth therein are true and correct to the best of his knowledge, information, and belief. � � � � J s E. Shumaker ' � Swom to and subseribed �—.�_ �fore me this� day of NOTARIAL SEAL C�1:.at�'�- . 2014. THERESA M WELLS _ Notary Public RYE TWP,PERRY COUNTY My Commission Expires Dec 30,2014 C�'��-`�� Notary Public �� LAST WILL AND TESTAMENT OF KARIN J. SHUMAKER I, KARIN J. SHUMAKER, of Marysville, Harrisburg, Perry County, Pennsylvania, being of sound mind, memory and understanding, do make, declare and publish this to be my Last Will and Testament, hereby revoking and making void all former Wills and Codicils made at any time heretofore by me. 1. I appoint my husband, JAMES E. SHUMAKER, to serve as Executor of my estate. Should my husband, JAMES E. SHUMAKER, fail to qualify or cease to act, or be unable or unwilling to act as Executor of my estate, I hereby appoint my daughter, LINDA K. SHUMAKER and my son, TED E. SHUMAKER, as alternate Co-Executors of this, my Last Will and Testament; should both my wife, KARIN J. SHUMAKER, and Co-Executors, LINDA K. SHUMAKER and TED E. SHUMAKER, fail to quality and cease to act, or be unable or unwilling to act as Co-Executors of my Estate, I hereby appoint Citizens Bank, as alternate Executor of this, my Last Witl and Testament. 2. The fiduciaries herein named shall not be required to file or post bond or any other security for the faithful performance of their duties. 3. My husband, JAMES E. SHUMAKER, and I are now joint owners of a residence at 74 Lone Oak Drive, Marysville, Perry County, Pennsylvania,which is our usual home, If, however, my said husband survives me and at my death our home, whether it be the one which we now own or one which is hereafter acquired by us, is held in any manner which will not result in the passage of full title to my said husband by operation of law, I hereby give and devise my entire interest in said home to him. 1 1 { 4. All of the rest, residue and remainder of my property and estate, of °; whatsoever nature and wheresoever situate, including property over which I hoid a power ; t of appointment which I have not heretofore exercised, together with all policies of ' insurance thereon, I hereby give, bequeath and devise to my said husband, JAMES E. ; SHUMAKER, if he survives me. 5. In the event that my said husband, JAMES E. SHUMAKER, does not survive me, then and in that event all of the rest, residue and remainder of my property and estate of whatsoever nature and wheresoever situate, inctuding property over which I hold a power of appointment which I have not heretofore exercised, together with all policies of insurance thereon, I hereby give, bequeath and devise as follows: a) The sum of Ten Thousand Dollars ($10,000.00) to my son, Donald L. Shumaker; b) Ten percent(10%) of the residuary of my Estate to the Wesley United Methodist Church of Marysville, Pennsylvania; and c) Ninety percent (90%)of the residuary of my Estate in equal shares to my daughter, LINDA K. SHUMAKER and my son, TED E. SHUMAKER, per stirpes and not per capita. 6. Should any legatee or devisee under this Will die within and not survive me by thirty (30) days after the date of my death, he or she shall be deemed to have not survived me for all purposes under this Will. If my husband, JAMES E. SHUMAKER, shall not survive me by thirty(30)days, he shall have during that portion of such thirty(30)days 2 � ii ; as he in fact survives me, the right to the use and enjoyment as a life tenant of all property in which his interest will fail by reason of his death within such thirty (30) days. ; 7. I direct that all estate, inheritance and succession taxes that may be ; assessed in consequence of my death, of whatsoever nature and by whatsoever � � jurisdiction imposed on all property passing under this Wil1 as part of my probate Estate, i � shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, and shall be free and clear thereof. 8. No interest, whether in income or principal, of any beneficiary of my estate shall be subject to anticipation, pledge, assignment, sale or transfer in any manner; nor shall any such beneficiary have any power in any manner to charge or encumber his interest, whether in income or principal; nor shall the interest, whether in income or principal, of any such beneficiary be liable or subject in any manner while in the possession of my Executor or any trustee or guardian for any liabilities of such beneficiary, whether such liabilities arise from his death, debts, contracts, torts or engagements of any type. 9. In the administration of my estate, my fiduciaries shall have the following powers, in addition to such powers as they may have by law: (a) To invest any funds of my estate in any stock, bonds, notes or other securities or property, real or personal, notwithstanding that such investment may not be of a character allowed to fiduciaries by statute or general rules of law; (b) To sell or otherwise dispose of any property, real or personal; at any time forming a part of my estate, for cash or upon credit, in such manner and upon such terms and conditions as they may deem best, and no persons dealing with them shall be bound to see to the application of any funds paid; (c) To manage, operate, repair, improve, mortgage or lease for any term any real estate at any time held or owned by my estate; (d) To borrow money for the payment of taxes or for any other proper purpose in the administration of my estate; 3 � (e) To distribute in cash or in kind, upon any division or distribution of my estate; and (� In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in ' his own right, upon such terms and conditions as to them may seem best, and ` to execute and deliver all instruments and to do all acts which they may deem � necessary or proper to carry out the purposes of this Will. ; 10. Any amounts, either of income or principal, which are otherwise payable to a , minor under this Will may at the sole discretion of my Executor be paid either to a parent of such minor, to a guardian over the person or property and estate of such minor, to the person who has custody over such minor, or directly to such parent, guardian, custodian or minor, and evidence of the payment or application of such amount shall be a full and complete discharge of my Executor to the extent of such payment or application. 11. I direct that the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. IN WITNESS WHEREOF, I, the said KARIN J. SHUMAKER, hereby set my hand and seal this �_ day of October, 2005. � , ,,_. .; �1 �.i!;r+' % , 'i .7 i., /. �,�, KA, 1N J. HUMAKER � The foregoing instrument, consisting of this and three (3) preceding typewritten pages, was on the date thereof signed, published and declared by KARtN J. SHUMAKER, the Testatrix therein named, as her Last Will and Testament, in the presence of us,who at her request and in the presence of each other, have subscribed our names as witnesses. ��CC-tti�-r. �:c�'��-a residing at �t�-c�.��c��a j'�r� .� ., �. , � > j � •. ; � residing at_ , ,. � � . ! / , / � /� � � �� ' '',��C,� ^ residing at �'�� , �. 4 i COMMONWEALTH OF PENNSYLVANIA � � ss: COUNTY OF DAUPHIN � ' i, KARIN J. SHUMAKER, whose name is signed to the attached foregoing G instrument, have been duly qualified according fo law, and do hereby acknowledge that I � signed and executed such instrument as my Last Will and Testament; that 1 signed the i ; same willingly; and that I signed it as my free and voluntary act for the purposes therein � expressed. F ; ! �, ` ` ,�� „ ' _ �l`�- i` C... KARIN�%. SHUMAKER � � Subscribed, sworn to�aff�ed and acknowledged before me, a Notary Public, by ,/,�i�;�kf��. �,�i,� , this�-��i day of_�7��/�'�-. , 2005. , � / . My Commission Expires: � � � �, ' � �� i %` f�, � ARY . UB I � �� COMMONWEqLTH OF PENNSYWANIA NOTARIAL SEAL TAMARA S.HAIR,Notary Public Susquehanna Twp.,Dauphin County My Commission Expires August 26,2008 5 �1 � COMMONWEALTH OF PENNSYLVANIA � � ss: COUNTY OF DAUPHIN � � , WE, /l:`�N�=-i' L %>+�� sK/ .��`�,P1�Y r�- �� and �E�� ?��i,r�...� , , ` the witnesses whose names are signed to the attached foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign such instrument wiilingly and execute it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of such Testatrix signed such Last Will as witnesses thereto; and that to the best of our knowledge, such Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraints or undue influence. Subscribed, sworn to, a�rmed and acknowledged before me by!'✓f��,i'.;' L, r3Q£== � �'��► ; ��, r'�` and �;�7'�F��z;�,,-�� , witnesses, this�� 7 day of �C�C%��./� , 2005. WITNESSES: �•��, s ;q,�.t.�.0 : �� /� ` "- `�� L-�,:1.�°'�,�. ,' �� , � i; � ;' f � �� ; '; t r :�f ,f j' (�/`/ a U ��L'tJ"i�� " � �-- ., , � ` . � :��--' . ; .� "i `. ��` % � OTAR PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TAMARA S.HAIR,Notary Public Susquehanna 7wp.,Dauphin County My Commission Expires August 26,2ppg 05-473/92426 6 CONSENT AND JOINDER I, Ted E. Shumaker, son of Karin J. Shumaker, do hereby consent that the Last Will and Testament of my mother dated October 27, 2005 attached as Exhibit "B" to the Petition to Probate a Copy of the Will of Karin J. Shumaker is true and correct and accept the contents therein. I also consent to the appointment of James E. Shumaker as Executor under the Last Will and Testament. Therefore, I join in the Petition for the probate of the copy of my mother's Last Will and Testament and appointment of James E. Shumaker a �xecutor. � � C � L �// Date: c�dld ._�� r�,�� ,: � Ted E. Shumaker CONSENT AND JOINDER I, Donald L. Shumaker, son of Karin J. Shumaker, do hereby consent that the Last Will and Testament of my mother dated October 27, 2005 attached as Exhibit "B" to the Petition to Probate a Copy of the Will of Karin J. Shumaker is true and correct and accept the contents therein. I also consent to the appointment of James E. Shumaker as Executor under the Last Will and Testament. Therefore, I join in the Petition for the probate of the copy of my mother's Last Will and Testament and appointment of James E. Shumaker as Executor. Date: l�a�, • ��_ �1� � � D d L. Shu CONSENT AND JOINDER I, Linda K. Shumaker, daughter of Karin J. Shumaker, do hereby consent that the Last Will and Testament of my mother dated October 27, 2005 attached as Exhibit `B" to the Petition to Probate a Copy of the Will of Karin J. Shumaker is true and correct and accept the contents therein. I also consent to the appointment of James E. Shumaker as Executor under the Last Will and Testament. Therefore, I join in the Petition for the probate of the copy of my mother's Last Will and Testament and appointment of James E. Shumaker as Executor. ! �_ � Date: �c� � / � G��._� �� :, � � _.._ .__— L:^uu:�. ��ur:�u;.:;� 1N RE: ESTATE OF : REGISTER OF WILLS OF KAR1N J. SHUMAKER, : CUMBERLAND COUNTY, PENNSYLVANIA Deceased : : ORPHANS COURT DIVISION- : REGISTER OF WILLS : FILE NO.: CERTIFICATE OF SERVICE We,Neil W. Yahn, Esquire, and Gregory A. Kogut, Esquire, do hereby certify that we served a true and correct copy of the foregoing Petition to Probate Copy of Will upon the following below-named individuals by depositing the same in the U.S. Mail,postage pre-paid at Hershey, Pennsylvania thisZ�{d ay of October,2014. SERVED UPON: Linda K. Shumaker(daughter) 2170 Winston Road Harrisburg, PA 17112 Donald L. Shumaker (son) Ted E. Shumaker(son) 612 Benjamin Court 411 S. York Road LaPlace, LA 70069 Dillsburg, PA 17019 ; ; , � . Yahn, Esquire Attq ey I.D. # 82278 'regory A. Kogut, Jr., Esquire Attorney I.D. # 306774