HomeMy WebLinkAbout04-06-15 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 requests the grant of Letters in the appropriate form:
Decedent's Information ��J�
Name: Donald D. Shultz File No: 21-15 �` �
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 03/29/2015 Age at Death: 90
Decedent was domiciled at death in Cumberland County, pA (State)with his/her last
principal residence at 291 Fairview Street,Carlisle 17015 South Middleton Cumberland
Sheet address,Post Office and Zfp Code City,Township or Borough County
Decedent died at 291 Fairview Street,Carlisle 17015 South Middleton Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
�
Estimate of value of decedenYs property at death:
If domiciled in Pennsylvania...................... All personal property $ 700,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 125,000.00
� TOTAL ESTIMATED VALUE $ 825,000.00
Real estate in Pennsylvania situated at 291 Fairview Street,Carlisle 17015 South Middleton Cumberland
(Attach additional sheets,if necessary.)
Sheet address,Post Office and Zip Code City,Township or Borough County
❑X 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 08/2'l/2013 and Codicil(s)
thereto dated
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 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.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and comqlete list 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 following spouse(if any)and heirs(attach
additional sheets,if necessary):
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Susan E.Miller 622 Opossum Lake Road
Carlisle,PA 17015
(717)249-6942
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to tY.re'be�of the k�1p�v led' a�
belief of Petitioner(s)and that,as Personal Representative(s)of Cthe Decedent, P.e-yti,t���n�e�r(s)will well and truly admini�ter fti�estate�c�ordi td'I�w.
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Sworn t a�f}ir,med�subscri ed before� T�Y Date��
me th "'day / ^U/�j �ace
Date
By: -
F r the Reg�ter Date
BOND Required? � YES � NO To the Register of Wills:
Please enter my appearance by my signature below:
FEES: /� 8 �
Lett ........................................ $ V Atto � re:
( �)Short Certificate(s)......... , `•�d
( )Renunciation(s)..............
( )Codicil(s)........................
( )Affidavit(s)...................... ' Name: Bradley L.Griffie
Bond............................................. Supreme Court
Commission.................................. ID Number: 34349
O,,Xher
/1/ I �D Firm Name: Griffie&Associates,P.C.
Address: 200 N.Hanover Street
• O
Carlisle,PA 17013
Phone: 717-243-5551
Automation Fee............................
U Fax:
JCSFee....................................... �
TOTAL......................................... $ E-mail: bgriffie@griffielaw.com
. ,
DECREE OF THE REGISTER
Date of Death: 03/29/2015
Social Security No: 194-16-0605
Estate of Donald D. Itr File No: 21-15 —�7�'r�,_
a/k/a:
AND NOW, , , in consideration of the foregoing Petition,
satisfactory proof ha � e n presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Susan E.Miller
in the above estate and(if applicable)that the instrument(s)dated 08/2112013
described in the Petition be admitted to probate and filed of record as e s �A/ill(and Codicil(s))of D c nt.
Register of Wills
Form l2w 02 rev.10/11/2011 Copyright(c)2011 form software only The Lackner Group,Inc. e f
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA ��'� ��
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No. 2015- 00375 PA No. 21- 15- 0375
Estate Of: DONALD D SHULTZ
(First,Middle,Last1
La te Of: CUMBERLAND COUN OWNSHIP
Deceased
Soci al Securi ty No:
WHEREAS, on the 7th day of April 2015 an instrument dated
August 21st 2013 was admitted to probate as the last will of
DONALD D SHULTZ
lfiist,Middle,Lastl
late of SOUTH M/DDLETON TOWNSH/P, CUMBERLAND County,
who died on the 29th day of March 2015 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
SUSAN E MILLER
who has duly qualified as EXECUTOR(R/Xl
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at 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 7th day of April 2015.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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LAST WILL AND TESTAMENT � � -�,�'°, � o
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DONALD D. SHULTZ R� � � rn � c
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I, DONALD D. SHULTZ, of Cumberland County, Pennsylvania, do m�;`�ubTsh � �,
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and declare this as and for my Last Will and Testament, hereby expressly?♦i�voking � � �
wills and codicils made by me heretofore, and dispose of my estate as follows:
ITEM 1: I direct the payment of my just debts and funeral expenses, including a
suitable and proper grave marker, as soon as conveniently can be done following my
decease.
ITEM 2: I direct that all State and Federal Transfer Inheritance Tax, Estate Tax,
Succession Tax or any other tax, including any interest, assessments or penalties
thereon, that may become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or in any other manner,
shall be paid from my residuary estate, just as if such taxes were my debts, and no
, beneficiary shall be required to pay or refund any part thereof.
ITEM 3: I give and bequeath Ten Thousand and 00/100 Dollars ($10,000.00) to
each of the following:
A. My grandson, Jeff E. Miller
B. My granddaughter, Amanda E. Shumburger
C. My grandson, Brad Shultz
tTEM 4: All of the rest, residue and remainder of my estate of whatsoever nature
and wheresoever situate, I give, devise and bequeath to my children equally, by
representation. If a grandchild of mine does not survive me, but has issue who survive
.
me, then that deceased grandchild's share of the residuary estate shall be distributed to
the issue, per stirpes of such grandchild, subject to the provisions of ITEM 5. If a
grandchild does not survive me and does not leave issue who survive me, then that
deceased grandchild's share of the residuary estate shall lapse. If I have no living
grandchildren or issue, the estate shall be distributed to my heirs at law as determined at
the time of my death under the laws of the Commonwealth of Pennsylvania in effect at
my death.
ITEM 5: I further direct, anything hereinbefore to the contrary notwithstanding,
that in the event any or all of the distributions provided under ITEM 3 be to a beneficiary
or beneficiaries while she, he or they are still under the age of twenty-five (25) years then
such distribution(s) shall be made to the Custodian appointed in ITEM 8, as custodian for
such beneficiary until age twenty-five (25) under the Pennsylvania Uniform Transfers to
Minors Act, 20 Pa.C.S. §§5301 et. seq. The foregoing is intended to comply with the
requirements of 20 Pa.C.S. §5321 and shall apply to any beneficiary under the age of
twenty-five (25) years.
ITEM 6: In the administration of my estate my Executor shall have the
following powers without leave of court in addition to; but not in limitation of, the �owers
granted by law to the Executors of estates, which powers shall continue after the
termination of my estate until actual distribution of the assets:
A. To receive in the estate and to retain any assets, real or personal, to which I
may be entitled at the time of my death, which my Executor may deem for the best
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interest of the estate without being required to convert said assets into so-called "legal
investments".
B. To invest and reinvest in such securities as a prudent investor of intelligence
and discretion would buy for himself for investment, and not for speculation, giving due
regard to the safety of the principal and the adequacy of the income, and without being
limited to the so-called "legal investments" of the Commonwealth of Pennsylvania, said
investment authority to include the right to invest in any Discretionary or Legal Common
Trust Fund that may be administered and managed by a Corporate Executor or
Corporate Trustee.
C. To sell or buy real estate without Court order at public or private sale; to make,
execute and deliver or receive good and sufficient deeds of conveyance and give or
receive good title therefor; to reinvest the proceeds as if they had originated in personal
property; to mortgage or encumber any real estate comprising part of my estate,
borrowing the necessary funds from himself or from any other source; to improve any
property or otherwise expend principal funds for the upkeep and welfare of any
properties; to release, vacate and abandon the same; to grant and acquire licenses and
easements with respect thereto; to make improvements to or upon the same; and in
general to dc� a11 things necessary in th� m�na�Ement of the properties as if he is the
owner thereof, including the right to let property and to make leases for any term. The
purchaser shall not be required to see to the proper application of proceeds but may pay
the same over to the Executor selling the same.
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D. To make distribution hereunder in cash or of property and securities in kind at
fair market value at the time of such distribution and in such a manner as to be fair,
equitable and just to all concerned. Distributions of property and securities are not
required to be identical among the beneficiaries, and some may receive one type of
property or security while another may receive another type of property or security.
E. To exercise any election or privilege given by the federal and other tax laws,
including but not limited to, the election of the alternate valuation date for federal estate
tax purposes, the election to claim deductions for federal estate tax or for federal
income tax purposes, and the election of the method of payment of pension, profit-
sharing, HR-10, individual retirement account, and any other similar benefits. In
addition, my Executor, in his sole discretion, may make or not make equitable
adjustment among the beneficiaries, without the consent of the beneficiaries, for the
exercise or non-exercise of any election or privileges.
ITEM 7: All references in my Will to issue shall include those born or adopted,
either before or after the date of my Will. Adopted persons shall be considered as
children of their adoptive parents, and they and their descendants shall be considered as
issue of their adoptive parents, regardless of the date of the adoption.
ITEM 8: I nominate, constitute and appoint my daughter, SUSAN E. MILLER to be
Executrix of this, my Last Will and Testament. If SUSAN E. MILLER is unable or
unwilling to serve or continue to serve as Executrix, I appoint AMANDA E.
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SHUMBURGER as Executrix of this, my Last Will and Testament. No Executrix or
Custodian shall be required to give bond.
ITEM 9: SUSAN E. MILLER shall be the Custodian of any Uniform Transfer to
Minors Act accounts established under ITEM 5. If she is unable or unwilling to serve or
continue to serve as Custodian, then AMANDA E. SHUMBURGER shall serve as
� Custodian.
ITEM 10: Wherever the context requires, the masculine gender shall include the
feminine gender and neuter gender, and vice versa, and the singular shall include the
plural, and vice versa.
IN WITNESS WHEREOF, I have hereunto set my hand and seal thi�Tday of
l� S / , 2013.
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DONALD D. SHULTZ
Signed, sealed, published, acknowledged and declared by the above-named
Testator, DONALD D. SHULTZ, as and for his Last Will and Testament, in the presence
of us, who, at his request, in his presence and in the presence of each other, have
hereunto subscribed our names as witnesses thereto.
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COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
I, DONALD D. SHULTZ, Testatrix, who signed the foregoing instrument, having
been duly qualified according to law, acknowledge that I signed and executed the
instrument as my free and voluntary act for the purposes therein contained.
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DONALD D. SHULTZ
Sworn to or affirmed and
acknowledged before me by
DONALD D. SHULTZ, the
Tes tor, this i5rday COMMONWEALTH OF PENNSYLVANza .
Notarlal Seat
Of � ��3• Tncia D.Naylor,Notary Pubii�
Carltsle Boro,Cumberland County
,.___�. My Commfsslon Explres Oc�.2,2014
Not Public
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COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to law, depose and say that we were present and saw Testator sign
and execute the instrument as his Last Will and Testament; that he signed and executed
it willingly as his free and voluntary act for the purposes therein expressed; that each of
us in his sight and hearing signed the Will as witnesses; that Testator is known to each of
us; and that to the best of our knowledge and observation the Testator was at the time
eighteen (18) years of age or older, of sound mind and under no constraint or undue
influence. ► �, � �,;�� �
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Sworn to or affirmed and subscribed
to before me by A`Y�f��'.�� 1`�'1 � �.�U`YL�S
and `l.r ��1� � witnesses,
this lsday o , 2013.
COMMONWEAL7'}{pF pEryNSYLVANI,4
Notarial Seal
Tricia D.Naylor,Notary public
Nota Public ,%J �hjs�e soro,eumberoand County
-- My Commiss�r��,2,��14
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