HomeMy WebLinkAbout05-08-15 HAZEN ELDER LAW
Marielle F. Hazen, Esquire
PA Bar Number 68003
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
(717) 540-4332- Phone
(717� 540-4313- Fax
In Re: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL B. SHUMAKER and
MARJORIE J. SHUMAKER IRREVOCABLE ORPHANS' COURT DIVISION
TRUST DATED DECEMBER 2, 1993 � _ ��2 A
o.C. No.: 11 f . (- ^
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On the Petition of Lisa L Tkatch .., - ��
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PETITION TO AMEND TRUST
TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT:
AND NOW COMES Peiitioner, Lisa L. Tkatch, by and through her attorney,
Marielle F. Hazen, Esquire, and files the within Petition, and in support thereof,
avers as follows:
1 . This Honorable Courf has jurisdiction over this matter pursuant to
Section 711 of ihe Probate, EstaTes and Fiduciaries Code of ihe Commonwealth
of Pennsylvania, 20 Pa. C.S.A. § 711 .
2. This Petition is authorized by Section 7740.1 of the Probate, Estates
and Fiduciaries Code of the Commonwealth of Pennsylvania 20 Pa. C.S.A. §
7740.1 .
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3. The situs of ihe Trust is Cumberland County, Pennsylvania.
4. Neil B. Shumaker and Marjorie J. Shumaker are the Grantors of the
Neil 8. Shumaker and Marjorie J. Shumaker Irrevocable Trust Dated December 2,
1993, hereinafter referred to as the "Trust." A copy of the Trust is attached
hereto as Exhibit "A."
5. Petitioner, Lisa L Tkatch, of 6412 Dublin Road, Harrisburg,
Pennsylvania, is the daughter of Neil B. Shumaker and Marjorie J. Shumaker, and
a beneficiary of the Trust.
b. Neil B. Shumaker died on January 14, 2014.
7. Marjorie J. Shumaker suffers from advanced dementia and resides
in the skilled nursing unit of Messiah Village, located at 100 Mount Allen Drive,
Mechanicburg, Pennsylvania 17055.
8. Marjorie J. Shumaker executed a Durable Power of Attorney on
February 17, 2011 designating her daughter, Lisa L Tkatch as her Agent. A copy
of the Power of Attomey is attached hereto as Exhibit "B."
9. The beneficiaries of the Trust are: Eric N. Shumaker, of 205 North
Baltimore Street, Dillsburg, Pennsylvania 17019; David A Shumaker, of 18 Northern
Dancer Drive, Dillsburg, Pennsylvania 17019; Phillip S. Shumaker, of 6450 Shoal
Creek Circle, Bradenton, Florida 34202; John M. Shumaker, of 1814 Canonero
Drive, Austin, Texas 78746; and Lisa L Tkatch, of 6412 Dublin Road, Harrisburg,
Pennsylvania 17111 .
10. Phillip S. Shumaker, of 6450 Shoal Creek Circle, Bradenton, Florida
34202, is Trustee of the Trust.
1 1 . Phillip S. Shumaker, Trustee, is no longer able to serve as trustee.
12. Petitioner requests that Phillip S. Shumaker be removed as Trustee
and that she be appointed Successor Trustee.
13. All beneficiaries, including Phillip S. Shumaker, the current Trustee,
join in Petitioner's request that she be appointed as Trustee. Joinders from all
beneficiaries are attached hereto.
14. Petitioner believes her appointment as Trustee of the Trust is in the
best interest of all parfies and that it is consistent with ihe material purpose of the
Trust.
WHEREFORE, Petitioner requests this Honorable Court to enter an Order
removing Phillip S. Shumaker as Trustee and naming Lisa L. Tkatch as Trustee of
the NEIL B. SHUMAKER and MARJORIE J. SHUMAKER IRREVOCABLE TRUST dated
December 2, 1993.
Respectfully submitted,
HAZEN ELDER LAW
Date: J �
y: arielle F. , Esquire
Attorney ID No. 68003
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
(7 V� 540-4332
Attorney for Petitioner
VERIFICATION
I verify ihat the statements made in ihis Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating To unswom falsification to authorities.
[LA , �� ��C�l.�n�
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Lisa L. Tkatch
in Re: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL B. SHUMAKER and
MARJORIE J. SHUMAKER IRREVOCABLE ORPHANS' COURT DIVISION
TRUST DATED DECEMBER 2, 1993
O.C. NO.:
On ihe Petition of Lisa L Tkatch
JOINDER
I, Eric N. Shumaker, in my capacity as the son and an intestate heir of Neil
B. Shumaker and Marjorie J. Shumaker, join in this Petition for fhe removal of
Phillip S. Shumaker as Trustee and naming Lisa L Tkaich as the Trustee of fhe Neil
B. Shumaker and Marjorie J. Shumaker Irrevocable Trusi dated Decem er 2,
1993.
c� �-p ��(� � � � ,� �
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Witness `� Eri N. Shumaker
STATE OF�t.� c ���
COUNTY OF /«
ON THIS, ihe � day of `✓�,U11'� , 2015, before me a Notary
Public, personally appeared Eric N. Shumaker, known to me to be ihe person
whose name is subscribed to the within instrument and acknowledged that he
execufed the same for the purposes iherein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COA9NONWEALTHOFPCNNSYLVANIA l�
NOTa�,u,seai. No ary Pu ic
Karen J.Sha�reli,Notery Public
Butler Twp,Adems County
M commisaionex imsA ri141,30I8
In Re: IN THE COURT OF COMMON PLEAS
� CUMBERLAND COUNTY, PENNSYLVANIA
NEIL B. SHUMAKER and
MARJORIE J. SHUMAKER IRREVOCABLE ORPHANS' COURT DIVISION
TRUST DAiED DECEMBER 2, 1993
O.C. NO.:
On the Petition of Lisa L Tkatch
JOINDER
I, David A. Shumaker, in my capacity as ihe son and an iniestate heir of
Neil B. Shumaker and Marjorie J. Shumaker, join in this Petiiion for the removal of
Phillip S. Shumaker as Trustee and naming Lisa L Tkatch as the Tr tee of the Neil
B. Shumaker and Marjorie 1 Shumaker Irrev cable ,�rust d December 2,
//
1993. ,
� � a.
Witness �David A. Shumaker
STATE OF�{,� �- �
COUNTY OF � �� �
ON THIS,� he ��` day of � LUt�i , 201 5, befcre me a Notary
Public, personally appeared David A. Shumakec known to me to be the person
whose name is subscribed to the within insirument and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COFAIONWFALTNOFPHJNSYLVANIA
NOTARIAL SEAL N Of O fY PU fJ I
Keren 1.Shartah,Notery Public '
Butler Twp,Adams County
M commissionex iresA ri121,2018
In Re: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL B. SHUMAKER and �
MARJORIE J. SHUMAKER IRREVOCABLE ' ORPHANS' COURT DIVISION
TRUST DATED DECEMBER 2, 1993
O.C. NO.:
On ihe Petition of Lisa L Tkatch
JOINDER
I, Philllp S. Shumaker, in my capaciiy as the son and an intestate heir of
Neil B. Shumaker and Marjorie J. Shumaker, join in this Petition for the removal of
Phillip S. Shumaker as Trustee and naming Lisa L Tkatch as the Trustee of the Neil
8. Shumaker and Marjorie 1 Shumaker Irrevocable Trust dated December 2,
1993. ��
Witness �e�i�i P�` ��'c� Phillip S. Shu aker
STATE OF �I a r � c��n
COUNTY OF V''1 q�G t e e _ .
ON THIS, the "7- 9 day of V''1 0,..�� , 2015, before me a Notary
Public, personally appeared Phillip 5. Shumakec known to me to be the person
whose name is subscribed to the within insirument and acknowledged ihat he
executed ihe same for the purposes iherein coniained.
IN WITNESS WHEREOF, I have here�nto set my hand and official seal.
MMM�A.YIUCRNER � " i\/�-`
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In Re: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL B. SHUMAKER and
MARJORIE J. SHUMAKER IRREVOCABLE ORPHANS' COURT DNISION
TRUST DATED DECEMBER 2, 1993
O.C. NO.:
On ihe Petition of Lisa L Tkatch
JOINDER
I, John M. Shumaker, in my capacity as the son and an intestate heir of
Neil B. Shumaker and Marjorie J. Shumaker, join in this Petition for the removal of
Phillip S. Shumaker as Trustee and naming Lisa L Tkatch as ihe Trustee of ihe Neil
B. Shumaker and Marjorie J. Shumaker Irrevocable Trust dated December 2,
1993.
��/2(�JJkc1 l�c�--�C2�iLv�� /' 1 ' s �� \
Wifne� John M. Shu ker
STATE OF �QX35 �
COUNTY OF ��av�5
ON THIS, the � day of W9C'T_. 2015, before me a Notary
Public, personally appeared John M. Shumaker, known to me to be ihe person
whose name is subscribed to the wiihin instrument and acknowledged thai he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
�`�'�� OEEA.MATOCHA � �
n+ycomm�a��M�a Notary Public
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EXHIBIT "A"
NEIL B. SHUMAKER and MARJORIE J. SHUMAKER
IRREVOCABLE TRUST DATED DECEMBER 2, 1993
� � . COPY.
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IRRBVOCABLB TRDBT AGRB *�+'�'
This Agreement dated the � day of ,� 1�!'O.m I /A 1
i
����, 1993 , between DTSIL 8. SBDMTEER and MARJORIB J. 88IIMAE8R, his
wife, hereinafter called the GRANTORS, and PHILLIP 8. BHIIMARER,
hereina£ter called the TRUSTEE. �
WITNE88ETH
WHEREAS, the GRANTORS desire to establish an irrevocable
trust for the benefit of the persons named herein;
� WHEREAS, the GRANTORS will transfer all of the GRANTORS'
right, title and interest in certain property to the TRUSTEE as
described in Schedule ^A" attached hereto;
WHEREAS, additional property may be transferred in the
future to the TRUSTEE hereunder by way of inter vivos or
testamentary transfers, such property to be held upon the terms
and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises, covenants
and agreements contained herein, it is hereby agreed as follows:
ARTICLB 1
STATSNSNT 08 IRREVOCABILITY
AND TRDBT NANE �
This trust agreement and any trust created herein shall be
irrevocable and shall not be altered, amended, revoked, or
terminated, in whole or in part, by the GRANTORS. The TRUSTEE
IANM.W11,6y shall possess and own all the incidents of ownershi
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powers, interests, privileges, and benefits of every kind that
may accrue on account of any property described on Schedule "A"
or other property now or hereafter comprising part of the trust
estate; and the GRANTORs shall have no interest or rigkrt of any
kind in or to any of such property.
� This trust agreement may be designated the "NEIL B. AND �,
II MAR70RIE S. SHUMAKER IRREVOCABLE TRUST", dated N➢�Jm Ii--t_A. Z
1993 .
ARTZCLS 2
DISPOSITION FOLLOAINO DSATHB �
OF GRANTOR AND BPOIISE
A. Upon the death of the survivor of the NEIL B. SHUMARER
and MARJORIE J. SHUMAKER, his wife herein, the TRUSTEE shall
make the following disposition of the trust property, including
the proceeds of all life insurance policies paid to the TRUSTEE:
1. He Shall pay all federal, state and other death
taxes payable because of my death on any property held under
this Deed of Trust or on any insurance proceeds or any other
property payable directly to my TRUSTEE shall be paid out of the
principal of this my Irrevocable Trust.
None of these taxes shall be charged against any
beneficiary. No property which would be otherwise exempt from
federal or state death taxes shall be used to pay any death
JAN M. WILEY taxes under this Article.
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�I!, Therefore, I authorize my TRUSTEE in essence, to
I' pay all death� taxes by reason of my death. I direct my TRUSTEE
to pay the balance left in -my trvst after the above mentioned
payments to ERIC N. SHOMAAER, DAPiD A. 889HI1R8R, PBZLLIP 8.
880MARER, JOffiI M. S8II!lARSR and �LIeA L. TRATCB, in equal shares,
per stirpes.
ARTICLB 3
DEALIN� l(ITH GRANPORB ESTATS
Upon the death of either of the GRANTORS herein, or both,
the TRUSTEE may, in the TRUSTEE'S discretion, purchase assets
from or make loans to the estates of the GRANTORS.
Any loans made by the TRUSTEE shall bear a reasonable rate
. of interest and be adequately secured. Any assets purchased
from any estate by the TRUSTEE shall be at their fair market
value. The TRUSTEE shall not be liable for any loss resulting
to the trust by reason of such loans or purchases having been
made.
ARTICLB 4
SPSNOTffitIFT CLAIIBE
No interest oP any beneficiary under any trust created
hereunder in either income or principal shall be subject to
pledge, assignment, sale, or transfer in any manner, nor shall
any beneficiary have the power in any manner to anticipate or
JANM. WILEY encumber the beneficiary's interest, either in income or
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, principal, nor shall such interest of any beneficiary be liable
or subject in any manner for the debts, contracts, liabilities,
engagements, or torts of such beneficiary.
ARTICLE 5
AIIT808ITY TO TERMINATB TRDBT
If the TRUSTEE shall determine, in the TRUSTEE'S sole
discretion, that any trust established hereunder has become
impractical or uneconomical to administer and continue, the
TRUSTEE may terminate such trust and distribute the trust
property and any accrued and undistributed income to the persons
then entitled to receive either mandatory or discretionary
distributions of income therefrom, in equal shares, per stirpes.
ARTICLE 6
TRU8T8E POWERB
In addition to any other powers conferred on the TRUSTEE by
this agreement or law, the TRUSTEE shall have the following
additional powers with respect to every trUst held hereunder.
A. To retain without liability for depreciation or loss �
resulting from such retention all property constituting the
trust estate at the time of its creation or thereafter received
from any source, even though such property may not be of the
character prescribed by law for the investment of trust funds,
and even though such retention may result in inadequate
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� S. To invest and reinvest in such classes of stocks,
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! bonds, mutual funds, debentures, mortgages, notes, or other
�.. securities or property, real or personal, tangible or
intangible, including a policy or policies of life insurance on
the life of the GRANTORS, any trust beneficiary, or any person
in whom any trust beneficiary has an insurable interest without
being limited by statute or rule of law concerning investments
� by fiduciaries.
� The TRUSTEE shall be under no obligation to pay the
premiums which may become due under any life insurance policy or
to make certain that such premiums are paid by the GRANTORs or
any other person, or to notify the GRANTORS or other person of
the nonpayment of such premiums, and the TRUSTEE shall have no
liability in the event such premiums are not paid.
C. To sell, lease, transfer, exchange or otherwise dispose
of, or grant options with respect to, any and all property at
any time forming a part of the trust estate, in such manner, for
such purposes, for such periods of time whether ending before or
after the term of the trust, for such considerations and upon
such terms and conditions as the TRUSTEE deems advisable, and to
make and deliver such deeds, leases, and other instruments as
the TRUSTEE considers proper under the circumstances, and to
JANM. WILEY deal with the trust estate in all other ways in which any person
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� could deal with his own property.
D. To borrow money upon such terms and conditions as the
TRUSTEE shall deem advisable and to obligate the trust estate
for repayment. The TRUSTEE may also encumber the trust estate
or any property therein by mortgage, deed of trust, pledge,
hypothecation or otherwise, even though such encumbrance may be
effective after the term of the trust.
E. To compromise, adjust, arbitrate, alter the terms of or
abandon any claim in favor of or against the trust estate, and
may take deeds in lieu of foreclosure.
F. . To maintain, repair, alter, construct or raze
buildings, structures, or other improvements upon real estate
constituting a part of the trust estate, and with respect to
land, to grant easements, subdivide or dedicate to public use,
and to carry insurance against such hazards as the TRUSTEE deess
appropriate.
G. To retain, exercise or sell rights of conversion or
subscription with respect to any securities from time to time
held by the TRUSTEE, and to vote or refrain from votinq at
�nn M. waer corporate meetings in person or by proxy, general or limited,
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�. with or without power of substitution.
� H. To hold any property in the name of the TRUSTEE or in
the name of the TRUSTEE'S nominee, with or without disclosing
the fiduciary capacity.
I. To allocate trust property in cash or in kind, or
partly in cash and partly in kind, or by way of undivided
interests, to any beneficiary or trust created hereunder, in
full or partial satisfaction of any interest created hereunder,
� and the TRUSTEE need not make pro rata divisions and �
distributions in kind but may allocate specific property to any
such beneficiary or trust, even though such property may differ
in kind from property allocated to any other beneficiary or
trust, without regard to the income tax basis of such property,
and the TRUSTEE is specifically excused from any duty of
impartiality with respect to such income tax basis.
The TRUSTEE shall not be liable to any beneficiary of
this trust for tax consequences occasioned by reason of the
allocation and distribution of property in kind, in full or I
partial satis£action of any beneficiary's interest in the trust.
J. To determine in a Pair and equitable manner how all
+� 'W� W��Y receipts, TR[TSTEE'S fees, and other disbursements, including
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those relating to transactions during probate administration of
the estates of the GRANTORS and to wasting assets, shall be
credited, charged, or apportioned between principal and income.
The TRUSTEE may also set aside from income reasonable
reserves for taxes, assessments, insurance premiums, repairs,
depreciation, obsolescence, depletion, and for the equalization
of distributions to or for the beneficiaries, and may select an
annual accounting period.
R. To retain and continue any business in which the
GRANTORS may have an interest as a shareholder, partner, or
otherwise, even though it may constitute all or a large portion
of the trust estate, participate in the conduct of any such
business or employ others to do so, execute partnership
agreements and amendments thereto, participate in any
incorporation, reorganization, merger, consolidation,
tecapltalization� liquidation� or dissolution of any business
and hold stock as trust property, elect or employ directors,
officers, employees, and agents, and compensate them for their
services, sell or liquidate any such business interest, carry
out the provisions of any agreement entered by the GRANTORs
prior to death for the sale of any such business of the stock
therein; all of the powers may be exercised regardless of
IACIM. WILEY whether the TRUSTEE is interested in an individual capacity in
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�'�, any such business. .
I I L. To employ, as an espense of the trust, attorneys,
accountants, investment advisors, brokers, agents, or custodians
as the TRUSTEE deems necessary in the administration of the
trust.
M. To merge any trust created hereunder with any other
� trust created hereunder or otherwise held for the same
beneficiary or beneficiaries and which, in the sole discretion
of the TRUSTEE, contain substantially the same provisions.
N. To hold and manage the assets of separate trusts
created hereunder as a single fund, in which each separate trust
shall have an undivided pro rata interest in the single fund.
O. To perform all other acts necessary or advisable to
accomplish the proper management, investment, and distribution
of the trust property.
ARTICLE 7
MARITAL DBDOCTION SAVING CLADBE
A. Notwithstanding any other provisions of this agreement
to the contrary, the surviving spouse of the GRANTORS herein, or
iwn M.w�cev if the GRANTORS die under circumstances in which the order of
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death cannot be determined, and some or all of the proceeds of
any life insurance policy or policies on the lives of the
GRANTORS paid to the trust are included in the GRANTORS estate
for Federal Tax purposes, then upon the death of one of the
GRANTORS herein, any such property to the e�ctent so included
shall be set aside as a separate trust for the henefit of the
surviving GRANTOR to be held and administared as follows:
� B. The TRUSTEE shall pay all the net income from this
separate trust to or for the benefit of the surviving spouse, at
least annually, during the spouse's lifetime. In addition, the
TRUSTEE shall pay so much of �the principal to or for the benefit
of the surviving GRANTOR as the TRUSTEE, in the TRUSTEE'S sole
discretion, deems advisable for his or her most comfortable �
care, maintenance, and support.
Upon the death of the surviving GRANTOR, the TRUSTEE
shall distribute any accrued but undistributed income to the
estate of the survivor GRANTOR and any remaining principal of
the trust pursuant to the provisions of Article 2 of this
aqreement. During the �existence of this trust, the surviving
GRANTOR may direct the TRUSTEE, in writing, to convert any
unproductive property to productive property within a reasonable
time.
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comprise a part of the trust estate. �
B. The TRUSTEE shall keep accurate records of the trust
transactions and, following the death of the GRANTORS, shall
account annually, in writing, to each beneficiary entitled to
mandatory or discretionary income distributions.
C. The TRUSTEE shall not be required to give any bond oi
other security hereunder.
D. When used in this agreement, the terms child, children
and issue shall include all natural and legally adopted children
and descendants.
E. As used in this instrument, the masculine, feminine and
neuter genders shall be deemed to include the others unless the �
�
context requires atherwise.
F. This agreement shall be construed under and governed by
the laws of the State of Pennsylvania.
IN WITNS88 WBEREOF, the GRANTORS and the TRUSTEE have
hereunto set their hands and seals on this � day of
�N M.WILEY ��Q��,�(.,�1 , 1993.
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. IL B. BHUMAEBR ., .
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JO IE J.� eHDMARBA '
STATE OF PENNSYLVANIA .
. SS
COUNTY OF YORK .
The foregoing instrument was acknowledged by Neil B. Shumaker
and qarjorie S. Shumaker, his wife before me on the ��- day of
[�r a..,i�, 1993 .
o� .(1� ��,•� �t7� ZI S�ffiX S.DawnGla��MdayP�dic
NOTARY PU LIC CartdlTwp.,YakCaurny
MyCAmrtns4an F�ves MaY 17.1997
MY COMMISSION EXPIRES: �PwKM'^^�'•+�P�O"°�� .
WITNESS:
��,. � � �,�rrrn�.�_ � �s�.,
PHILLI 8. 88DMAR8R
� STATE OF PENNSYLVANIA . �
. SS
COUNTY OF YORIC .
The foregoing instrument was ackn�iWledged by Phillip S. Shumaker
before me on the � day of /(l P,C Dwot �,<-Fa . , 1993 .
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NOTARY P LIC c.amurv ra�ncauray
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My Cannw:,im-� 'es May 17.1997
MY COMMISSION EXPIRES: �°f�Pa'^°�e1°�°°°�°f°��91�
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NAME AMOUNT
Principal Mutual Life
� Insurance Company,
Policy No. 6451092: $500, 000.00
JAN M. WILEY
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EXHIBIT "B"
DURABLE POWER OF ATTORNEY
OF MARJORIE J. SHUMAKER
DATED FREBRUARY 17, 2011
COPY
II
� �i POWEROFATTORNEY
NOTICE
THE PURPOSL OP THIS POWER OF AT'I�ORNEY IS TO GIVE THE PERSON YOU
I�' DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPTRTY,
I WHICHMAYINCLUDEPOWERSTOSELLOROTHERWISEDISPOSEOFANYRF,AL
�, ORPERSONALYROPF.RTYWITHOUTADVANCENOTICETOYOUORAPPROVAL
,..I BY YOU.
THIS PO WER OP AT'IORNEY DOES NOT IMPOSE A DUTY ON YOUR AGEN�I'
TO EXF,RCISE GRANTED POWHRS,BU7 WI�IEN POWERS ARE EXERCISED,YOUR
AGENT MUST U SE DUE CAI2E?O ACT FOR YOUR IISNEFIT AND IN ACCORDANCE
i WITH THIS POWER OF AT?ORNEY.
YOUR AGEN7 MAY EXERCISE THE POWERS GNEN HERE 7'HROUGHOUT
YOUR LIFETIME, EVEN APTER YOU BECOME INCAPACITATED, UNLESS YOU
II�� EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE
II POWERS OR A COURT ACTING ON YOUR EEHALF TERMINATES YWR AGENT'S
AU7NORITY.
YOUK AGEN'I'MUS"C KEEP YOUR FUNDS SEYAKATE FROM YOUR AGENT'S
FUNDS.
IA COURT CAN TAKE AWAY THF. POWERS OF YOUR AGENT IP IT FINDS
YOUR AGENT IS NOT ACTING PROPERLY.
�'
THF.PO WERS AND DUTIES OF AN AGF.NT LINDER A PO WER OF ATTORNEY
ARE EXPLAINED MORF.FULLY iN 20 PA.C.S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS PORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYHR OF YOUR OWN CHOOSING TO
EXPLAfN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
Ill�i UNDERSTANll 1TS CONTENTS.
Tee wi[.ev �I � ��,.u.� Dated: Febmary 17,20L1
GROUP I
"" s^T�^w � MARJ RIE J. � UMAKER
1]0 XOPCN4REET I�
W SWTE101
UILI59VI14.P�1�019
1
APPOINTMENT OF ATTORN�Y IN FACT
I, MARJORIF.J. SHUMAKER, of 6 Mountain Road, Dillsburg, Pennsylvania,do
� hereby appoint NEIL B. SHUMAKER of 6 Mountain Road,llillsburg Pennsylvania,-OR-
�� PHILLIPS.SAUMAKERofClearwatex,Florida,-OR-LISAL.TKATCHoC6412Dublin
'. Road, f la=risbuig, Pennsylvania, as my atlomey-in-fact with power to transact any business
�� at all in my name as though 1 myself were acting.
�� DESIGNATION OF POWERS
i �Ihis power includes, but is not limited to, the following:
]. To write cbecks,ar�d W exeeute and deliver payment and wi[hdrawal ocdexs ou any
accounts that I may have with any bnnk or similar institu[ion, and to deliver the checks or
II
moncy paid or withdrawn [o a�y persoq group of persons, or associations; and to endorse
' checks or other iasVuments for deposit or collec[ion;
2. To[ake all lawful steps to recover,collec[and receive any amoun[s of money now
iIIor hereaker owing or payable to me, and to compromise and execute releases or other
sufficient discharges for Ihem;
3. To withdraw and receive the income or corpus of aziy Wsh,
4. To sue and settle suits of any kiod in my name or foc my benefit,
5. To buy, sell, mortgage, hypotheca[e, or grant security interests in ariy kind of
tazigible or intangible personal property;
' ued b an co oration bank or other
6. To si n assi n oz endorse an security iss y y rp
Y
8 , B �
� ercise an ri hts with res ect thereto that I ma have;
. or anization and to ex Y
'�
8 Y B P
Tx�w��Ev I Z To]ease,sell,celease,convey,exti�guish or mortgage any interest in real property
GROUP
nnoz+Ers�.uw
p�«sa�p�p��o„T ''�,�; on suchtenns as may be deemed advisable;aeid to manage,repair,improve,maintaiq restore,
� 2
build or develop such properiy;
8. 10 purchase or o[herwise acquire any interestin and acquire possession o£real
� property and to accept all deeds and o[her assurances in the law for such property;
. 9. 1 o execute,deliver,and acknowledge deeds,deeds oftrus[,covena�[s,indentures,
� agreements,mortgages,hypothecations,bills of lading,bills,bonds,nores,receipts,evidenees
� of debts,releases and satisfactions of morlgage,judgment, ground rents and other debts;
�. 10. To en[er my safe deposit boxes and to open new safe depusit boxes,and to add to
or remove any of[he con[ents of any such safe deposit boxes, and to close out any of the
boxes;
�, 1 L To borrow money for my aceount on whatever terms a�d conditions may be
, deemed advisable includin the ri ht to borrow mone on a� insurance olicies issued on
, g B Y Y P
my life for any purpose, and to pledge,assign and deliver such policies as security;
'�� ]2. To purchase United Stalcs Treasury "flowei'bonds on my behalf, and[o borrow
� money specifically to enable the purchase of these bonds;
13. To make gifts of my property without limitation as to value or amount, and
including property of all description, whether real or personal, tangible or intangible, to any
rela[ive of mine by blood or marriage, or to any other person or persons, including the
��, attomey-in-fact and agent or agents appointed by me,based o�the demonstrated need of the
donee for support,mainte�ance,health and welfare;such gifrs may be made ouvight,in wst,
I or to any legal guardian or cusrodiaq as my attorney-in-fact deems to be in general furtherance
of my testamentary scheme as set forth in my writi�gs including my Last W ill and Testamenh,
Tne wi�ev ���. 14. To prepaze,execute and Fle all tax retums required to be made by me,to pay the
GROUP
setww
"°W`s�;=�o��""' ' tanes due,to collect any refunds,to sign waivers extcnding the period for assessment of such
OILL50ON4,P.11t019 �,��
3
. �, taeesordeficienciesinthem,tosig�consentstotheimmediateassessmentofdeficienciesand
� acceptances of proposed over assessmen[s,[o execute closing agreeme�ts,and ro engage and
. appoint ariomeys to represen[me in conriection with a�y matters arising before any federal,
��. s[ate or loeal taxing agency;
I 15. To renounce fiduciary positions;
- 16. To arrange for my enirance to and care at any hospi[al, nursing home, health
,� cenler, convalescent home,retirement home, or similar insti[ution;
I17. To create a trust for my benefit and to make additions to an existing trust for my
benefit;
HIPAA RF,LEASE AUTHORITY
. I in[end for my agen[to be treated as I would be wilh respect to my rights regarding the
h useanddisclosureofmyindividuallyidentifiablehealthinformationorothermedicalrecords.
:� Tt�isreleaseauthoriryappliestoanyinformationgovemedbytheHealthlus�canceNortability
and Accountability Act of 1966 (aka HIPAA), 42 USC 1320d and 45 CFR 160-164. I
authorize:
� * ariy physician, heaith caze professional, dentis[, health plen, hospital, cli�iq
� laboratory, pharmacy or other covered health care provider any insurance company and the
Medical Information Bureau Inc., or other health caze clearinghouse that has provided
I
treatment or services to me or that has paid for or is seeking payme�t from me for such
services;
* ro give, disclose and release to my agent, without resViction all of my
rxe w�LEv individually identifiable health information and medical records regarding any past, present
GROUP
uarroersnruw
w.�x�i nxie-r !�
L..sa�a�,p� o p ., or fuwre medical or mental health condition, to include all information relating to the
a
. diagnosis a�d Veatment of HIV/AIDS,sexually transmi[ted diseases,meuta] illuess and dn�g
. �� or alcohol abuse.
The authority givcn by agent shall supersede any prior agreemen[tha[[may have made
wi[h my heatth care providers[o restrict access[o or disdose of my individually identifiable
� heallh information. �Phe authority given my agent has no expiration date and shall expire only
i in the event that 1 rcvoke the au[hority in writing and deliver it [o my health care provider.
i RATIFICATION, DURATION AND COMPENSATION
I do hcreby ratify and confirm al I that my attomcy-in-fact a�d a substitute or successor
I
shall lawfully dq or cause to be done, by vinue of this Power of Attomey.
IThis Power of Ariomey shall not be affected by my physical or meutal disabiliry or
incapacity or by uncertainTy as to whether I am dead or alive,and it may be accepted and relied
upon by anyo�e to whom it is presented un[il such person either(I)receives written notice of
ill
cevoeation by me or a guardiau(or similaz fidueiary)of my estate,or(2)hns actual knowledge
of my death.
My attomey-in-fact shall be en[iiled[o reasonable compcnsation for services performed
�II hereunder.
IN WITNESS WHEREOF,and intending to be legally bound,I hereby have signed
iI [his Power of Ariorney this 17'^ day of February, 2011.
� EAL)
A J � J. SHUMAKER
TNE WILEY
GAOUP
.r.azry�vs.'r�.w
Il0 SIITEIOITP[
DWISBVRG.pA I)YUT
5
: COMMONWEALTHOFPENNSYLVANIA .
SS
� COUNTY OF YOKK .
�'� On this the 17'"day ofFebruary,201 I,before me,S.Dawn Ciladfelter,aNutary Public,
! , theundersigned officer,personally appeared JAN.M.WILEY,ESQUIRE,known to me(oc
' � satisfactorily proven) to be a memher of the bar of the highest court of said state and a
� subscribing wilness to the within ins[rument and ceriified[hat he was personally present when
� MAF2.IORIE J,SFIUMAKER,whose name is subscribed[o the within instt'umea!,�xecetec� �
� I' �he same; and that said person acknowledge that she execu�ed [he same for Ihe purposes
therei� rontained.
IN WIT7VF.SS WHEREOF, I hereunto set my hand and official seal.
IIi
jl �7 /1YJ� �� e O /n�
NOTARY PDBLIC �
MY COMMISSION EXPIRES:
COMMOMNFJLLTN OF PENNSYLVANIP
NdenY seel
5.Dewn GVEbM.M�Y A'�
I plNpvpBqo�Ydk WNb
1 CvmMYm6�°��'tt•p1�
Memba.PennayNe^bA°°°da�^WNob�en
I'
I I
�
ACKNOWLEDGMENT BY AGENT
I'iii I,NEIL B.SHUMAKER,have read the attached power of attorney and am the person
identified as the agent forthe principal.I hereby acknowledge that in the absence of a specific
�,I Provision to the contrary in the power of attorney or in 20 Pa.C.S. when I act as agent:
II I shall exercise the powers for the bcnefit of the principal.
'il I shall keep the assets of the principal sepazate from my assets.
I shall exercise reasonable caution and prudence.
' I shall keep a full and accurate record of all actions, receipts and disbursements on .
behalf of the principal.
THE WILEY I ///��� - �J
GROUP � C/�� //�
nTIOPNLVS�TLNV �I /
��o .�a��nxa, -' DATE _/_/ i ./ A O.�iei (SEAL)
w.ss�„��o� II LB. R
o��.� �a�...,�,a�9
6
ACKNOWLEDGMENT BY AGF.NT
I, PHILLIP 5.SHOMAKCR, have read the attached power of attomey and am the
person identified as the agent for the principal.I hereby acknowledge that in lhe absence ofa
specific provision to the contrery in the powerofattomcy or in 20 Pa.C.S.when]act as agent:
I shall exercise the powers for the benefit of the principal.
1 shall keep the assets of thc principal separate from my assets.
I shall ezercise reasonable cnution and prudence.
, I shall keep a full and accumte record of all actions, receipts and disbursements on
�'�, behalf ofthcprincipal.
�� rq;.l�)'� ��— (SEAL)
DATB '_/�_/ �_
' PFIILLIP S. SHUMAKER
ACKNOWLFDGMENT RY ACF.NT
I, LISA L. TI{ATCH, havc rcad the attached powcr of attomey and am the person
.. identificd as the agent for the principal. 1 hereby acknnwledge that in the absence oCa specific
provision lo ihe contrary in Ihe power o(atromey or in 20 Pa.C.S. when I act as agent:
I shall escrcise the powers for the benefit o�the principal.
I shall keep the assets otthc principal sepataic Gom my assets.
I shall exercise reasonable caution and pmdence.
I shall keep a full and accurate record of ssil actions, rcceipts and disbursements on
. behalf oftheprincipal.
DATG �'/ �I / �� """`��� (SEAL)
LISA L.TKATCH
'1'llh:W'l1.EY
GROUI'
I n,1\d111W111�1Nf1'.I
V11[lu
IIII IMIIiMI:.I'11NP
7
In Re: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL B. SHUMAKER and
MARJORIE J. SHUMAKER IRREVOCABLE ORPHANS' COURT DIVISION
TRUST DATED DECEMBER 2, 1993
O.C. NO.:
On the Petition of Lisa L. Tkatch
CERTIFICATE OF SERVICE
I, Marielle F. Hazen, Esquire, certify that on �, / , 2015, I
served a true and correct copy of the within Petition on the parfies named
below, by depositing same in the United States mail, certified mail, postage
prepaid. The same was also sent via regular mail, first class on mH�, �,
2015, addressed as follows:
V
Marjorie J. Shumaker Eric N. Shumaker
c/o Lisa L. Tkatch, Agent 205 N. Baltimore Sireet
6412 Dublin Road Dillsburg, PA 17019
Harrisburg, PA 17111
David A. Shumaker Phillip S. Shumaker
18 Norfhem Dancer Dr. 6450 Shoal Creek Cir.
Dillsburg, PA 17019 Bradenton, FL 34202
John M. Shumaker Lisa L Tkaich
1814 Canonero Dr. 6412 Dublin Road
Austin, TX 78746 Harrisburg, PA 17111
By: Marielle . azen, Esquire
Attorney ID No. 68003
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
(717� 540-4332
Attomey for Petitioner