HomeMy WebLinkAbout02-17-15 : IN "CHN COURT OF COVIMON PLBAS
: CliMBLRI.AND COLiNTY, PCNNSYLVANIA
: ORPHANS' COUR'I� DNISION
[N RE: F,state of Kadiy D. Shatzer :
: N0. 21-13-0245
PETITION FOR THF, APPOI�TMF.nT FOR SUCCESSOR'PRUSTEE
VOW COMIiS the above �amed 8statc, by and through its attorney, David W. Rahauser,
Gsquire, and for its Petition in the above-captioned matter stetes to the Court as follows:
L Kathq Shatzer, who died January 31, 20L3, IeIl a will dated January 14, 2013 (See
h:xhibit A.)
2. Para@raph 5 0l this Will namcs Orrstown Bank as �I�rustee for assets IeIl to her
minor son Preston William Pacino. II.
3. �fhc Estate of Kathy Shxtzer has been fully admi�istercd and is iipe for
distributio�.
4. Kimherly Trace, Sister of decensed and Exccutrix after consultation with
Oaslown Bank, determined that the potentia] tnist account(approximatety
$3Q000.00) lacked sufficient assets to be managed by Orrsmwn Bank in a cost
efficient manner.
5. Orrstown Bank has indicated that it was declining to act as Tnistec for this reason
(Eshibit B.)
6. In consultation with Kimberly l�raec. Esecutrix and Robert Snydex,CPA, both
indicated that they would bc willing to act together as a Truslee and financial
advisor for the trust of Dillon Scott Starr. A
� s, —> rn
_: c, -,y � i c�
r�
^ ��
w
V i
� �
_n �
_ -�
;>
r� � m
c.i �c� �
i�
�
WHERF,FORE, Kimberly "Prace, Executris for the estate of Kathy D. Shatzer does
he�eby p�ay your Honorable Court to accept the resignation of Oasrown Bank as Truscee
and to appoint Kimbcrty 7'race as Trustee with the financial guidanec of Robert Snyder,
CPA as tmstee for the trust o1�Dillo� Scott Starr.
Respectfully submit[ed,
����/� � �� ���
David W. Rahauser
157 liast Washington St�eet
Chambersburg, PA 17201
(7l7)267-3239
Attorncy ID No. 25066
V E2IFICATION
I, Kimberly Trace, Executrix, does he�eby sweac that ihe facts set forth in the above
mattcr arc hue and correct to the best of my knowledge, information and belieE I
imde�s-tand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, rela[ing to unswom fzlsification to authori[ies.
0 � 11� c
/ ��:Q C( .`�L((�CF� . %y2rr�i>.!
Kimbcrly Lra�e, Executrix �
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY ,� GRANT OF LETTERS
PENNSYLVANIA
'�
� � }
�._� , ��:.. ,:
!�ro. 2013- 00245 1�e No. 27- 73- 0245
Estate Of: KATHYDSHATZER
ir,,,M,���i�.��,n
Late Of: SHIPPENSBURG BOROUGH
CUMBERLAND COUNTY
Deceased
Social Security No: 76&56-4461
G✓HEREAS, on the 28th day of February 2013 an instrument dated
January 14th 201? was admitted to probate as the last will of
KATHY D SHATZER _
��,.,,.M,.,m�,�.,.0
lace of SH/PPENSBURG BOROUGH, CUMBERLAND Caunty,
w:ho died on the 31st day of January 2013 and,
WHEREAS, a true copy of tne will as probated is annexed hereto.
THEREFOPF., T, GLENDA FARNER STRASBAUGH , Register of Wills in and
for ��U.7BEALAND County, in tne Commonwealth of Pennsylvania, hereby
certify that _T have this day granted Letters TESTAMENTARYto:
KIMBERLYA TRACE
who has du7y qualified as EXECUTOR(RIX/
and has agreed to administer the estate according to law, all of which
fuiiy appears of record in my office at CUMBERLAND COUN7Y COUR7 HOUSE,
CARLISLE, PENNSYLVANIA.
1N TESTIMONY WHERE�F, ? have hereur.to set my hand and affixed the seal
of my office on tFe 28ih day of February 2073. .. , I . (
fi
� i �f1 �
} � /
r
� � �iF -1 � � -r'� � J ` i -
� ������
i� I ,
� ,j i ', �` � L '
�� ,
eaurv
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LASTJ
� � LASTWILLANll1'ESTAMENT f �0 ,�`UJ
KATITY D. SHATZER � ��
I, Kathy D. Shatzec, of the [3orou�h of Shippensburg, Cumberland Counry,
Pennsylvania, being of sound and disposing mind, memory and unders[anding, do hereby
make, publish and declare this instrument as and for my last will and testamenf, hereby
revol<ing any and all wills and testaments by me a[ any time hererofore made.
ITEM I: I direct that all expenses of my last illness, including hospital expenses,
expenses for medical care, funeral expenses and the cost of the grave marker, as well as
all debts or obligations owed by me at the time of my death, which in the opinion of my
�xecutrix is not subject to either a legal or equitable defense, shall be paid &om my
residuary estate, u�less otherwise provided herein as soon as practicable ahe� my
decease, as par[ of the expense of the administration of my estate.
17�EM II: 1 give, devise and bequeath all of my estate rcal, personal and mixed of
every nature and wherever situate to my three children in equal shares:
A. Yvette Eileen StaR
B. Dillon Scott Starr
C. Praston William Facioq II
ITEM III: If any o�e of my children is not living at thc time of my death, but
leave children to survive him/her, Ihen the surviving children shall share equally that
portion belonging to my deceased child, per stirpes. If aoy of my said childxen shall die
leavi�g no lawCul issuq then his or her share shall lapse and shall pass ro the su�viving
siblings-
1'1�EM IV: i direct that the legacy or sha�e of real or personal peoperty falling to
any child nol having ettained the age of 21 years under Ihe provisions of this• my last wi11
and testament shxll be retained IN TRUST, to invesl and reinvest the same, to collect Ihe
ineome, and atler paying all expenses incident to the managemenl of the Crust, to use and
apply as much of the net income and principal as may bc �ecessazy in the sole discretion
of my Trustee Coi the ehild's support, well being and education. I direct that such
payments sliall be made without the interve�tion of a guardian, and the receipt of such
. pe�son as may be selected by my trustee to disburse such payments shall be sufficient
¢equittance. Shoidd any such ehild not use any part of the remaining principal and aoy
accumulnted ineome for the aforemcntioned purposes, the Tmstee shall pay Ihe balaoee
of principal and any aceumulated income upon the child's �eaehi� his 2L�':jiirlh�}�
m
tcrminatingthe[rust. m � rn e� o
m '� m �> :-
VJhilo in the hands of my Trus[ee and until aetually paid ov� o�s�tliva4§d tQ,�tt�'
person cntitled thereto, the intcrest oP the bcncllciary in the incom$_��nci�l in%�a}^
vn � � -•i -�i
, c -�, -� -��
_ c�
_ �� . i �.,�
"� - ' F-. i.� �
- r o T�
___----
trust therein crcated shall not be subject to assignment, pledge, attachment, or the claims� �
� of creditors.
I'I�EM V: 1 appoint Orrstow� Bank of Shippensburg, Pennsylvania, 'fmstee of thc
trust created by this my last will and testameat.
ITEM VI: I appoint Kimbedy Trace, Sxecutrix of this my Last Will and
�Ces[ament.
I'PEM VII: t direct that my Execunix as well as her suceessors, shall not be
rcquired Co give bond for the faithful pertormanec of thev duties i� any jurisdiction znd
that my Exccutrix and Tmstee shall receive compensation in acco�danee with theic
schedule of fees in effec[ from time [o time during the period over which thei� serviees
are performed.
[THM VIII: All estate, inheritance, succession and other death taYes, imposed or
payable by reaso� of my death, and interest and penalAes thereon, with respect to all
pmperty shall be paid out of the p�incipal of my general estate, as if such taxes wece
administration expenses and shall be paid without apportionment or right of
ceimbursement.
IN WITNESS WHERGOF, I h�ve hereunto set my hand and seal
this ��E-14� aayof .J�:���.��� zot3.
�1'1�...i�_� `.;(�G,.;r^�1
�'�KATHY D�SHATZ�R
�,TM vw
Ndarkl5eal
Ba2are J.Lenp0.Nqnry Pudk
Cl�ambanOuN Bao.Frenklin6.�Jt
. My-Canm'eala�
"I'he precedin� instrument consisting of Ihis and othcr typewritten pages, identified by the
signa[ure oC the "Pestatrix was the day and date thereof signed, sealed, published nnd
dcclprcd in the sight and pcesence of us, who, at her rcquest, in he� sight and presence and
in the sight and presence of Kathy D. Shatzer, the Testatcix, herein named, as and fos her
Iast will ¢nd testamenl in the presence of each other, have hereunro subscribed our names
as witnesses. � �
� �� CL.�
David W. Rahauser
�; --- --�/� �-�--
,,..7 ���
Betty H. Ile'� �
COM'v]ONWF.ALTFIOFPENNSYLVAMA .
SS
COUN"CY OP /-r.-�:;�.i'/, �� �
We, Kathy D. Shatzer, David �T'. Rahauser, Betty H. Ile, the Testatrix and the
witnesses, iespectively, whose names are signed to the foregoing instrument, being first
duly sworq do hereby declare to the undersigned authority that the Testat�ix signed and
executed the 'mstrument as her last will and testament and that she signed willingly, and
that she executed it �s her free and voluntary act for the purposes therein expxessed, and
that each of the wimesses, in the presence a�d hearing of the Testatrix, signed the will as
wimess and that to the best of theii knowledge, the Testatrix was at that time eighteen
ycars of age or older of sound and disposing mind and �nder no constraint or �ndoe
influencc.
� :�i�.e�k�
Kathy�D.�SliatzerO 0��
� r� 0-�`"` �"„
David W. Rahauser ;_�
-�' .. �i" � % ;
-a��� � `/
Betty II. Ile� 1
,�,,,,..�,.,.w._...---. _ ._ _ _ . _.___..___. _ _____ _._____..�---------------
Subscribed, swom to and acknowledged before me.by Kathy U. Shatzei, Testatrix, David
W. Rahauser and Betty H. Ile, wilnesses, this I��'IY� day of .)��«��-.-� ,
2013.
�,X�.�b..� �a�•
� Notary Pu ic -
��TH P NNSYLVANI.
Notenal$eal
BaNara J.Wqq,�ry pubiic
CM1ambertburp Boep,F2nqin Counry
Mv Canmbebn 6piva A4y 5.2a1J
Dar, ennqPieMa olNperles
RCNUNCIATION BY TRUSTEC
I, Robcrt Russoli, '�rust Ofticcr at Orrsrown Rank, Oirstown, Pcnnsylvania, do hereby
agree and relinyuish oux appointment as Tmstee under the Last W ill and Tcstament of
Kathy D. Shatzer, dared January 14, 2013.
Orrstown Bank
Bv
Robert Russoli, �I�rust Officer