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HomeMy WebLinkAbout01-07-15 C 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: Monteen C.Bard Decedent's Information Name: Eugene N.Schuster File No: 21 5-Oo l"7 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 12/10/2014 Age at Death: 91 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 905 Stratford Drive,Carlisle 17013 Carlisle Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 940 Walnut Bottom Road 17013 South Middleton Twp. 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 Pennsylvania...................... All personal property $ 500,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 200,000.00 TOTAL ESTIMATED VALUE $ 700,000.00• Real estate in Pennsylvania situated at 130 Lehman Drive North Middleton Twp. (-Cumberland (Attach additional sheets,if necessary.) C,, ) f u Street address,Post Office and Zip Code City,Township or Borough CJ County!_? C"> LO 2 Q ®A. Petition for Probate and Grant of Letters Testamentary ;U 7 r_ Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 0340972OW$1 --J al�jC icil(s) thereto dated g l y/_2ela c') 77) CD 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 divorcd,was n %k�.yr0�,to6pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),aid did not hav child b'or"r adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ©NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.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 pending divorce proceedingwherein 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 adudicated an incapacitated person. ❑NO EXCEPTIONS ❑ EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,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 Monteen C.Bard 905 Stratford Drive Carlisle,PA 17013 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,Petitioner(s) jwill well and truly administer the estate according to I W. Sworn to or affirmed and subscribed before ?-Ct yL esJ �. .7 Date `J me this day of—a-Ir U-C--L,�L,L�- SIS Date �CJ By: 1�.1y-p-,�-'t( yy-)� Date For the Register Date BOND Required? 11 YES 10 NO To the Register of Wills: Please enter my appearance by my signature below: FEES: (� Letters.......................................... $ 11D Attorney S' a re: ( )Short Certificate(s)...'..'.: 0�� G'v ( )Renunclatlon(s).. . ( � )Codicil(s)........................ ,t"l- ( )Affidavit(s)...................... Printed Name: Hubert X.G/iroy Bond............................................. C� 0 77 Supreme Court Commission.................................. 29943 ID Number: c- , M Other \A6 1co Firm Name: Martson Law Offices : - Address: 10 East High Street . „ -.7 ; Carlisle,PA 17013 CJ) C) Phone: 717-243-3341 N Automation Fee... ha ......................... �. JCS Fee....................................... .�� Fax: TOTAL............................ 10.5D E-mail: hgilroy@martsonlaw.com DECREE OF THE REGISTER Date of Death: 12/10/2014 Social Security No: Estate of Eugene N.Schuster File No: 21 —15- 1-] a/k/a: AND NOW, Wuquua ,in consideration of the foregoing Petition, satisfactory proof having been presented More me, IT IS DECREED that Letters Testamentary are hereby granted to Monteen C.Bard in the above estate and(if applicable)that the instrument(s)dated 09/09/2008 (Z D/O described in the Petition be admitted to probate and filed of record as tile last Will(an Codi '1( ))of Decedent. S4Qa ster of Wills nf111�14� Copyright(c)2011 form software only The Lackner Group,In . .C/r Page 2 of 2 RECORDED OFFICE OF - REGISTE ? CO F 'v' �-�-S LAST WILL AND TESTAMENT HIS J9N 7 Pi l 3 22 of CLEr!! CF ORPH�� ft CCS R-r EUGENE N. SCHUSTER CUMBER ! t, KNOW ALL MEN BY THESE PRESENTS, that I, EUGENE N. SCHUSTER currently residing in Cumberland County, Commonwealth of Pennsylvania,being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, herebyrevoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and cls llms allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I give and bequeath my tangible personal property(not including cash and securities), together with any existing insurance thereon, to my children, MONTEEN C. BARD and MARSHA S. NICHOLS,per stirpes, as they may agree, in as nearly equal shares as possible, provided that if they are unable to agree then they shall make selections in turn with the oldest going first until the dollar value of the items selected is as nearly equal as possible. THIRD: I give, devise and bequeath the rest, residue and remainder of my estate, whether real,personal or mixed, and of any nature whatsoever and wherever situate, to my children, MONTEEN C. BARD and MARSHA S. NICHOLS, in equal shares,per stirpes. FOURTH: I hereby nominate, constitute, and appoint MONTEEN C. BARD, as Executor of this,my Last Will and Testament. In the event that MONTEEN C. BARD shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint MARSHA S. NICHOLS as Executor of this, my Last Will and Testament. In the event that MARSHA S. NICHOLS shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate,constitute and appoint ` r 1 b TRAVELERS BANK& TRUST, fsb, as Executor of this, my Last Will and Testament. My Executor or other personal representative shall not be required to post bond regardless of state of residence. All references to the Executor herein shall be applicable to any substitute Executor. FIFTH: My Executor shall have, in addition to the powers and authority conferred upon my Executor by law,the following additional powers and authority: 1. To sell at public or private sale, exchange, transfer,partition,,-give options upon, F repair, lease, mortgage,pledge or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor shall deem wise. 2. To invest and reinvest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property,real or personal, as the Executor shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executor. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor may deem it wise, and even though such property is not the kind of property an Executor would purchase as an investment; and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in the Executor's own name:,, or in the game of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor is necessary to obtain the benefit of any such reorganization, consolidation,readjustment or sale; to exercise any conversion privilege or subscription right given to my Executor as owner of any securities constituting a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensation to the Executor which shall be in accordance with established fees throughout the period of administration of my estate. 2 . T To determine what is "income" and what is "principal"hereunder, and my Executor's decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor may determine. . P 8. The Executor may make payments to or on behalf of any person who is the beneficiary hereunder but in no event,however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants,brokers, investment advisors, custodians, managers and other agents and employees and to pay reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time my Executor shall think proper, and my Executor shall have the power to do any and all things my Executor deems'necessary or appropriate, including the power to close out, liquidate or sell the business at such time and-upon such terms as my Executor shall deem best. 12. To make any division, distribution or partition of the estate or trust property in cash or in kind,pro rata or non-pro rata. 13. To compromise controversies. 14. To do all other acts in my Executor's judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. SIXTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds,property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. 3 IN WITNESS WHEREOF, I, EUGENE N. SCHUSTER, the Testator to this my Last Will and Testament hereunto set my hand and seal the. day of 2008. EUGEN . SCHUSTER The preceding instrument with each page identified by the initials of the Testator, EUGENE N. SCHUSTER, this day and date thereof signed,published and declared by EUGENE N. SCHUSTER, the Testator therein named, as and for his Last Will, in the presence of us who, at his request, in his presence, and in the presence of each other have subscriberl our names as witnesses. 4 V• 1 r � r COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND I,EUGENE N. SCHUSTER,Testator,whose name is signed to the attac',jed or foregoing instrument,having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. EUG NE A<CfItTSITER Sworn or affirmed to and acknowledged before me by EUGENE N. SCHUSTER,Testator,the day of 2008. i�/� ,2008. (SEAL) Notary Public NOTARIAL SEAL DAVID H RADCLIFF Notary Public EAST PENNSSORO TW..CUMBERLA1D Co IiAy con ulm Eglm dun 29,2012 y. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We X11 r ! andUC • sno ,the witnesses whose names are signed td the attached or foregoing instrument,being duly qualified according to law,do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will;that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and tt to the best of r knowledge the Testator was at that time eighteen or more years of age,of sound min nd under 0 constrain or undue influence. worn or affirme o and subscribed to before me by Ne t 1ni - 1 Ca' and n0Rn witnesses,this 61441 day of d ,2008. (SEAL) NOTARIAL SEAL DAVID H RADCLIFF No"Public Notary Public PENNS90RO TWp CID COUNTY My CoWN"Eta m dun 29.2012 �MA 5 . RECORDED OFFICE OF REGISTER C 1} T CODICIL TO THE WILL OF EUGENE N. SCHUSTER ?415 JAN 7 PR 3 22 CL'ZK OF I, EIDGENEd N.(SUM11 STER, of Cumberland County, Pennsylvania, having made my Will dateB lS l tlrmbe 19; 2008.r-hereby make, publish and declare this First Codicil to my said Will. 1. I amend Paragraph SECOND of my Will so that the same shall read as follows: SECOND: A. I give and devise to the Trustees of the Marsha Nichols Asset Trust all of my right,title and interest in and to the real estate in South Carolina, known as 4252 Nelson Road, Little River, .South Carolina, IN TRUST NEVERTHELESS,for the benefit of my daughter MARSHA GENE NICHOLS according to the terms of that trust. B. I give and bequeath my tangible personal property(not including cash and securities), together with any existing insurance thereon,to my children,MONTEEN C. BARD and MARSHA S. NICHOLS,per stirpes, as they may agree,in as nearly equal shares as possible,provided that if they are unable to agree then they shall make selections in turn with the oldest going first until the dollar value of the items selected is as nearly equal as possible. 2. In all other respects, I do hereby ratify and confirm my Will dated September 9, 2008. IN WITNESS WHEREOF, I, EUGENE N. SCHUSTER,have to this First Codicil to my Will, dated September 9, 2008, typewritten on two pages of paper, set my hand and seal at the end thereof this day of , 2010. jEU k1r, N. SCHUSTER SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testator, EUGENE N. SCHUSTER, as and for a First Codicil to his Will of September 9, 2008, in the presence of us, who at his request, in his presence and in the presence of each other, all being present at the same time,have hereunto set our hands as witnesses. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, EUGENE N. SCHUSTER, 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 a First Codicil to my Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. EU NE N. SCH'STER Sworn anj subscribed to before me by EUGENE N. SCHUSTER,the Testator,this day of q,4a ,2010. (SE NOTARIAL SEAL DAVID H RADCLIFF Notary Public Notary Public EAST PENNSBORO TWP,CUMBERLAND COUNTY My Commission Expires Jun 29,2012 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND -e a Z /6uE 2 We, �!/Uh ti � � U'� and �j2�1�� i , 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 EUGENE N. SCHUSTER, Testator, sign and execute the instrument as a First Codicil to his Will; that EUGENE N. SCHUSTER signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Codicil as witnesses, 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. Sworn to and subscribed before me this G day of 2010. (SEAL) Notary Public NOTARIAL SEAL DAVID H RADCLIFF Notary Public JEAST PENNSBORO TWP,CUMBERLAND COUNTY My Commission Expires Jun 29,2012 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y °F cuM No. 2015- 00017 PA No. 21- 15- 0017 J 9 Estate Of: EUGENENSCHUSTER O Z (First,Middle,Last) � v Late Of: CARLISLE BOROUGH CUMBERLAND COUNTY N II li Deceased 7750 Social Security No: WHEREAS, on the 7th day of January 2015 instruments dated: September 9th 2008 August 4th 2010 were admitted to probate as the last will and codicil of EUGENENSCHUSTER (First,Middle,Last) C;o C� ,© late of CARLISLE BOROUGH, CUMBERLAND County, �; M10 =0 G13, who died on the 10th day of December 2014 and c-) a� r WHEREAS, a true copy of the will &codicil as probate 9�s txzner�-C-R hereto THEREFORE, I, LISA M. GRAYSON, ESQ. Register gf -i6i.11'=D Oin and for CUMBERLAND County, in the Commonwealth of Pennsylvb a, hereb certify that I have this day granted Letters TESTAMEN�A Y to: MONTEEN C BARD 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, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 7th day of January 2015. *OMI om Re ister of Will D p **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)