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Home My WebLink About02-02-15 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: Marianne Shaffer Decedent's Information Name: John L.Martin File No: 21-15 "� V � �� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 01124/2015 Age at Death: 88 Decedentwas domiciled at death in Cumberland County, pq (State)with his/her last principal residence at 2624 North Rosegarden Boulevard,Mechanicsburg 17055 Upper Allen Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 2624 North Rosegarden Boulevard,Mechanicsburg 17055 Upper Allen Cumberland PA Street address,Post Offce and Zip Code City,Township or Borough County State Estimate of value of decedenPs property at death: Ifdomiciled in Pennsylvania...................... All personal property $ 11,000.00 Ifnot 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 $ 11,000.00 Real estate in Pennsylvania situated at (Attach additional sheefs,if necessary.) Street address,Post Office and Zip Code Ciry,Township or Borough County �A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 07/09/2012 and Codicil(s) thereto dated Slate relevanl 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. �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.ta ord.b.n.c.t.a.,enter date of Will in Section A above and comolete►ist 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 has/have ascertained that Decedent left no Will and was survived by the fo�loyving spouse�ny)�pd�irs(attach additional sheets,if necessary): � ;•r3 ,�„ p �'� � r:y C�> r7 "� _..1,. ;:�J Name Relationship Address '; � `- �-;; . � � ,..., , . "' N :� . �, _� _:,:i - � � _ -.-7 �,,_,� �:�:':,: �� , m,.� '� �5..' 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 Marianne Shaffer 156 Martel Circle Dillsburg,PA 17019 .v .—:+ � '�^ Q `�'1 rf�3 t� ��7 -�7 !",� �'� <-.� :a:� - �„_v � ';,J �� ;� _� y ; � � .� . `..� The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to%the best of th�now��'�g�and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,Petitioner(s)will well and truly admi�ister the estat�accd�?in�o law. Sworn to or affi ed an ribed be ore °�f�� '-1 Date 2 � � � � me t ' � a of �7 � �ace By: ,� 1'l � Date h Register Date BOND RequiredT � YES � NO To the Registerof Wills: � Please enter my appearance by my signature below: FEES: ��1 Letters.......................................... $ l�� Attorney Sign ure: ( 2 )Short Certificate(s)......... �� ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Edward P Seeber Bond............................................. Supreme Court Commission.................................. ID Number: �6084 O"t'' 1 � "�� Firm Name: JSDC Law Offices Address: Suite C-400 � � � �v "'��j� 555 Gettysburg Pike �u — Mechanicsburg,PA 17055 - va phone: 717-533-3280 Automation Fee............................ ,� � Fax: JCSFee....................................... TOTAL......................................... $ E-mail: eps@jsdc.com DECREE OF THE REGISTER ' Date of Death: 01/24/2015 Social Security No: � Estate of John L.Ma in File No: 21-15 " a/k/a: AND NOW, , �� ,in consideration of the foregoing Petition, satisfactory proof having been presented f re me, IT IS DECREED that Letters Testamentary are hereby granted to Marianne Shaffer in the above estate and(if applicable)that the instrument(s)dated 07/09/2012 described in the Petition be admitted to probate and filed of record as t 'Will(and od' �(s))of e egister of Wills Copyright(c)2011 form soflware only The Lackner Group,Inc. � REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � oF cu�ye � �y `� � No. 2015- 00127 PA No. 21- 15- 0�27 r��.� •p� O� � Es ta te Of: JOHN L MARTIN � D Z /First,Middle,Lastl v � La te Of: UPPER ALLEN TOWNSH/P CUMBERLAND COUNTY � II Deceased 1750 Social Securi ty No: WHEREAS, on the 2nd day of February 2015 an instrument dated July 9th 2012 was admitted to probate as the last will of JOHN L MARTIN (Fiist,Middle,Lastl late of UPPER ALLEN TOWNSH/P, CUMBERLAND County, who died on the 24th day of January 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA 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 TESTAMENTARY to: MARIANNE SHAFFER who has duly qualified as EXECUTOR(R/Xl and has agreed to administer the estate according to law, all of which full y appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 2nd day of February 2015. � � � �..� �� .--� � �,� �:� u? G , r �. . �� mm3 N � . Register dls I c.� _ . .. . : � z� -� ��_ � � � � •; �/� � �,`I ,( s.. . ' C3_ �..-' 1l.✓ !` �;. - � . , �.. � Deputy � � ` � C.� '� t.s �_..�- •• c',';: r_" ' Q] e;;;_ � G::< C'� �,�; � L.t_ � :.�: �a t�!_" � U_i �,•, � � C: c=, r.._� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) LAST WILL AND TESTAMENT of JOHN L. MARTIN I, JOHN L. MARTIN, the Testator, a resident of Cumberland County, Pennsylvania, declare that this is my Last Will and Testament. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I was married to NANCY M. MARTIN who died on May 30, 2012. 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 and Testament. a. My Children The names of my children are: SUSAN DiPAULA MARIANNE SHAFFER CHRISTINE METCALFE Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: �", � ,_.. :� �,-, �,3 n� MARIANNE SHAFFER; then � � r� `'�' � CHRISTINE METCALFE; then '':', �' � � r,.� SUSAN DiPAULA � � ��' N � ��-3 ;-, . _. , .. , .. , . � ; _.� � � _I� �� _. . _ _ : �-> - .._r � ,.,.. �.�� - , r.__ ; -._, � u: c=:' . � `� If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) 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 Z. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will and Testament. 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 under 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 Trustee(s) of my revocable living trust of which I am a Trustor known as the: JOHN L. MARTIN LIVING TRUST, dated November 27, 1996, and any amendments thereto. 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 and Testament, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account 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 tax 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. Section 3. Waiver of Right of Reimbursement Under Code Section 2207A I hereby waive my estate's right of reimbursement under Code Section 2207A. 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 and Testament 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 and Testament are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will and Testament. Section 3. Severability Should any of the provisions of this Last Will and Testament be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will and Testament. Section 4. Governing Law This Last Will and Testament shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will and Testament, on ,,(.(J( Q q 20�2 c7e . lGti� J L. MARTIN ATTESTATION CLAUSE On this ,1UL 0 9 201�_, JOHN L. MARTIN, Testator, personally Published and Declared the foregoing instrument, as and for her Last Will and Testament, in the presence of each of us and all of us together, who, at his request, in his 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 he executed the foregoing instrument she was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the constraint or undue influence of any person. i ess Street Address / � � _`" L/U��. � �- � �d- City, State, p C itness Street Address � I�. '�i��,�� City, State, ip COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, JOHN L. MARTIN, .�i:�"�.; t��r��' /" �t�:.�.�. __ and � `� �C '� (;C�,��7�;��.- , the Testator 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 Testator sign and execute the foregoing instrument as his Last Will and Testament; that the Testator signed it willingly, or directed another to sign it for the Testator, 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 Testator signed the Last Will and Testament as a witness; and that to the best of our knowledge the Testator was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. �- m�� JO L. MARTIN �� -_,. rtness . , r, itness SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public,by JOHN L. MARTIN, the Testator, and ��'CE rz-�' �� .�.��.,r-' and , .Z�,e(=t %�. �t'�w�{:.�11 tG� -' , the witnesses, on this JUL 0 9 2p12 � t� �QMM�NWEALTH OF PENNSYLVANIA ,,,�j y`r Notarlal Seal Ota PUbI1C Charyl L.Baker,Notary Public Upper Allen Twp.,Cumberland County My Commission Expires Jan.13,2015 MEMBER,PENNSYLVANIA ASSOCU�IION OF NOTARIES