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Home My WebLink About11-07-14 r.� _. � c"-� � :TJ � -� o �r' n C-7 ,�� C«� r� f� f"� ��— ¢-Y, G.". t,r� �_1 . _,:., ... ....,.,� .� �..._ ._. ...... . , :_.: —`.a '.:� Neil W. Yahn,Esquire Attorney I.D.No. 82278 "�^ t ��; Gregory A.Kogut,Jr.,Esquire -=� '�� _ .._ Attorney I.D.No.306774 -" c.o � �� `�� JSDC Law Offices � - � ' �" �� P.O.Box 650 a� �� `i Hershey,PA 17033 Attorneys for Petitioner IN RE: ESTATE OF : REGISTER OF WILLS OF MARGARET M. LANSHE, : CUMBERLAND COUNTY, PENNSYLVANIA Deceased . : ORPHANS COURT DIVISION- : REGISTER OF WILLS : FILE NO.: p'�/-�� /�g / PETITION TO PROBATE PHOTOCOPY OF THE WILL OF MARGARET M. LANSHE TO LISA M. GRAYSON, REGISTER OF WILLS AND NOW, comes Gary L. James, Esquire, by and through his firm, JSDC LAW OFFICES, respectfully stating that: 1. Gary L. James, Esquire (herein the"Petitioner") is the named personal representative (after Gregory K. Richards, Esquire who will be renouncing as Executor) of Margaret M. Lanshe (herein the "DecedenP') who died a resident of Hampden Township, Cumberland County, Pennsylvania on October 13, 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 421 Cherokee Drive, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania. 3. At the time of her death, Decedent was divorced. 4. Decedent is survived by her two (2) children reflected below: a. Annie P. Roth (daughter) 421 Cherokee Drive Mechanicsburg, PA 17050 ��" b. Julian D. Roth (son) 421 Cherokee Drive Mechanicsburg, PA 17050 5. On October 9, 2008, Decedent executed her Last Will and Testament (herein the "Will"), a copy of which is attached hereto as Exhibit"B" and made a part hereof. The will was prepared by Attorney Gregory K. Richards, Esquire. The execution of the Will was witnessed by 2 individuals and notarized by Linda L. Fetterhoff, a Notary Public. Petitioner is named as Executor of the Will after Gregory K. Richards, Esquire who will be renouncing as Executor(see Exhibit"C). 6. The attached photocopy was provided by Petitioner. 7. The Will is a pour over will designating the Margaret M. Lanshe Living Trust dated March 7, 2003 as the designated beneficiary of the residue of the estate.� 8. The beneficiaries of the Margaret M. Lanshe Living Trust are the Decedent's children. 9. Several individuals familiar with the Decedent have searched Decedent's principal residence for the original Will and have been unable to locate it. The decedent did not maintain a safe deposit box. 10. Petitioner and the collective children do not believe that the Decedent destroyed the Will. 11. Since the signing of the Will, Petitioner and the collective children do not believe that the Decedent amended or made a new will. � Petitioner has the original Amended and Restated Margaret M.Lanshe Living Trust Agreement dated June 3, 2014. WHEREFORE, Petitioner respectfully requests that the photocopy of the Last Will and Testament of Margaret M. Lanshe dated October 9, 2008 should be admitted to probate as if it were the original. Respectfully submitted, JSDC LAW OFFICES Date: �L� � 1 -� By: • N ' W. Yahn, Esquire tty. ID o. 82278 Gregory . Kogut, Esquire Atty. ID o. 306774 ' 134 S' e Avenue ummelstown, PA 17036 (717) 533-3280 Attorneys for Petitioner COMMONWEALTH OF PENNSYLVANIA : COLJNTY OF i�J}��.�.1�,�' . Gary L. James, being duly sworn according to law, deposes and says that he is the Petitioner in the foregoing Petition and the facts set forth therein are true and correct to the best of his knowledge, information, and belief. � �'--`' Gary L. am Sworn to and subscribed Before me this � day of �{�'�3�J�r��sc-,t , 2014. � � , ,, Notary Public �" CeJ�9�IG=�'��J�`r:.�l'3'"€-�C;s�p;��16VSYt_VAIWIA 9i3iii:3t18!�nal �3�^+%E�:.s�3.Lt:l��p,�!ot�ry Public (,�,^-.re•�`S`'n,;:,,��q{-iin County �"�r4 �x , ,�;;� � F��;cs 49ay 25,2015 +4 ,. �.tii� +j ,c��t+'?,^hT&!3M flF N�TARI€S � -_ - � s , n � � �R � �>3� � {��t �� .:.,«� � �!f;,�� `�.�.._�° �J`'�' �,� Last Will of MARGARET M. LANSHE I,MARGARET M. LANSHE, the Testatrix, a resident of Dauphin County, Pennsylvania, declare that this is my Last Will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am not married. Section 2. Children All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Section 2, but only to those children and any children born to or adopted by me subsequent to the execution of this,my Last Will. a. My Children The names and birth dates of my children are: Names Birth Dates ANNIE P. ROTH May 4, 1990 JLTLIAN D. ROTH December 16, 1992 b. Guardians of my minor children: I appoint the following person to be the Guardian of the person and estate of my minor child,Julian D.Roth: GAYLE MUSSER Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representatives in the order of priority in which their names appear: GREGORY K.RICHARDS; THEN GARY L. JAMES If, for any reason, the Personal Representatives named above are unable or unwilling to serve, the next successor Personal Representatives shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate u.nder the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustees of my revocable living trust of which I am a Trustor known as the: MARGARET M. LANSHE LIVING TRUST dated March 7, 2003 I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. i • Article Four Death Taxes Section l. Def nition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and -_ _- other simi ar taxes ti�at are payable by any person on accourit of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional t� that may be assessed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. i ' Article Five General Provisions Section 1. No Contest Clause � If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidiiy shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will sha11 be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on ��►�er� �o$' . :� MARGA T M. LA S E A'I"�'ES'TA1'I011T CLAUSE On this ��r 9� 2oog� , MARGARET M. LANSHE, Testatrix, personally Published and Declared the foregoing instrument, as and for her Last Will and Testament, in the presence _- - __ _ _ o each of us and all of us together, who, at her request, in her presence, and in the presence of ' each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time she executed the foregoing instrument she was of sound mind and memory, of lawful age, and did so execute it as her own free act and deed and not under the constraint or undue i e of any n. Wi ss _/ � � �NP l Street Address � � 70� City, State,Zip imess o�� i� ��- �� Street Address ��'L� `� /"� / �� City, State, COMMONWEALTH OF PENNSYLVANIA . . SS COUNTY OF DAUPHIN We, MARGARET M. LANSHE, ✓� . and 0\}��Ckb� �. �.�i�I�C�'1 � , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly first sworn, do hereby declare to the undersigned authority that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will; that the Testatrix signed it willingly, or directed another to sign it for the Testatrix, that it was executed as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testatrix signed the Last Will as a witness; and that to the best of our knowledge the Testatrix was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. � l-Z�� MARG M. L E L 't ss Witness SUBSCRIBED, SWORN TO and ACKNOWLED D before me, a notary public, by RGARET M. LANSHE, the Testatrix, and o �_ �- S and ,the witnesses, on this OCT — 9 2(l08 � � �. No ary Public COMMONWEf�t_TH OF PENNSYLVANIA Notarial Seal Linda L.Fettefioff,R2tary Public �'T'M�-.Dauph�n County N(.y GammiEsir,ih Expir�s Npv.8,2011 ��F.��n�ylv�� n��a f�ssocfatfon of Notaries RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of_Margaret M. Lanshe , Deceased �� Gregory K. Richards in my capacity/relationship as nn am Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Ga L.James �o � � (Date) � (Signafure) regory . icha ds 134 Sipe Avenue (Streef AddressJ Hummelstown, PA 17036 (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day pa►ty executing this renunciation and certified that he or she executed the renunciation for the of , . purposes stated within on this �3o day of �f��r�l .�� Deputy for Register of Wills Notary Public My Commission Expires: (Signature and seal of Notary or other otficial qual�ed to administer oaths. Show date of expiration of Notary's commission.) COMMONWFJILTN OF PENNSYLVANIA Notarial 5eal Denise M.Long,Notary Public Derry Twp.,Dauphin County Form RW-O6 Rev.10-13-2006 M {`,�iTl(It��t�sl�C!�[ lCeS Ma 25,2015„__ Copyright(c)2006 form software only The Lackner Group,Inc. M. �� IN RE: ESTATE OF : REGISTER OF WILLS OF MARGARET M. LANSHE, : 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 this '�day of November,2014. SERVED UPON: Annie P. Roth (daughter) 421 Cherokee Drive Gregory K. Richards, Esquire Mechanicsburg, PA 17050 134 Sipe Avenue Hummelstown, PA 17036 Julian D. Roth (son) 421 Cherokee Drive Mechanicsburg, PA 17050 Neil W. n Esquire Atto y I.D. 82278 Gr ory A. Ko t, Jr., Esquire A orney LD. #306774