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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