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HomeMy WebLinkAbout08-24-15 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: Michael R Schmidt Decedent's Informati n Name: Patsy Ann Schmidt File No: 21 ^^-16 -93 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: _ Date of Death: 08/01/2015 Age at Death: 70 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 3 Garland Court,Carlisle 17013 Carlisle Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 3 Garland Court Carlisle Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ Over 70 000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ if not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ Over 150,000.00 TOTAL ESTIMATED VALUE $ 220,000.00 Real estate in Pennsylvania situated at 3 Garland Court,Carlisle 17013 Carlisle Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ®A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 09/08/2014 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 mar 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 or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows:Decedent was not a party to pending divorce proceedingwherein 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 adudicated an incapacitated person. NO EXCEPTIONS n 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): r-v a Name Relationship Address Michael R Schmidt Husband 3 Garland Court p c v7 C) Carlisle PA 17013 t-t ; t 1 M r ri _T1 3 -n -� m co Form RW-02 rev.to-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 Michael R Schmidt 3 Garland Court Carlisle,PA 17013 717-249-4183 ry rTj The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregofflig Petition We,true and correct to tlii�bet 44he kKWledge- 9 belief of Petitioner(s)and that,as Personal Representative��Ore �en �tifir(s) 11 a tr I administer 1�e tate q=rdi dto)� Sworn tor affirmed an subscribed before Date C---5Date:—:TO _rl mel day of J—K)CK Im— � 2 0) =4 By: Date For the Register Date CIO _T1 BOND Required? El YES NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... Attorney Signature: )Short Certificate(s)......... )Renunciation(s).............. )Codicil(s)........................ )Affidavit(s)...................... Printed Name: Mark A.Mateya Bond...._........... .......................... Supreme Court Commission.................................. ID Number: 78931 Other "Ij I 7Firm Name: Mateya Law Firm,P.C. X(\Ugf\I-fj K-U T_ Address: 55 W.Church Avenue Carlisle,PA 17013 Phone: 717-241-6500 Automation Fee........................ Fax: 717-241-3099 JCS Fee....................................... ��_�s 60 E-mail: mam@mateyalaw.com TOTAL............. ......................._ $ 5,60 1 1 DECREE OF THE REGISTER Date of Death: 08/0112015 Social Security No: Estate of Patsy Ann Schmidt File No: 21 — 15 -q 13 a/k/a: AND NOW, a aA, f in consideration of the foregoing Petition, satisfactory proof having tUen presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Michael R Schmidt in the above estate and(if applicable)that the instrument(s)dated 09108/2014 described in the Petition be admitted to probate and filed of record as the last Will(and Codici(s))of Decedent. Register ills Copyright(c)2011 form software only The Lackner roup,InFtr &7— 'Cog Page 2of2, r LAST WILL AND TESTAMENT C' O G> p C7) OF rn =r 3 PATSY A. SCHMIDT I, PATSY A. SCHMIDT, of 3 Garland Court, Carlisle, Cumberland Cogntyr,= rn Pennsylvania, make this my will. I revoke any other wills or codicils to wills made:by me. c a co ARTICLE I. DISTRIBUTION OF MY ESTATE A. I give my tangible personal property to my husband, Michael R. Schmidt, ("my husband"), if he survives me by sixty(60) days. If my husband does not survive me by sixty (60) days, I give my tangible personal property to Todd Eppley, Tammy Legros, Toby Eppley, Phillip Schmidt, and Mike Schmidt, share and share alike. Tangible personal property includes stamp or coin collections but does not include other money or stock certificates or other evidences of intangible rights or interests. Tangible personal property does not include any property that is held primarily for investment purposes or used in connection with any business in which I may be engaged or in which I may have any interest at the time of my death. B. I give the residue of my estate to my husband, if he survives me by sixty (60) days. If my husband does not survive me by sixty (60) days, I give the residue of my estate in equal shares to Todd Eppley, Tammy Legros, Toby Eppley, Phillip Schmidt, and Mike Schmidt, per stirpes,with the exception that should Mike Schmidt predecease me, his entire share goes to Phillip Schmidt's son, Charly Schmidt. ARTICLE II. PAYMENT OF EXPENSES AND OTHER CHARGES I desire a modest Christian funeral. I direct my Executor to pay my funeral and burial expenses (including the cost of a monument or marker over my grave). The estate, inheritance and similar taxes (including those not passing under this Will), assessable on my death shall also be paid as a cost of administering my estate. My Executor shall not request any beneficiary to pay any part of such tax. ARTICLE III. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name Michael R. Schmidt to be my executor. Should he fail or cease to act, I name Todd Eppley to be my Executor (hereinafter "Executor") in his place. If administration of my estate or any trust springing from this document should be necessary in any jurisdiction where my Executor or my Trustee is unable to qualify, or if my Executor or my Trustee deems it necessary for any other reason, I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor or my Trustee or in my Executor's or my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor or Trustee named pursuant to the preceding sentence. References Page 1 of 4 5 P.A.S. ti in my will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. B. Any corporate Executor or Trustee shall receive for its services the compensation for which it is willing to undertake similar services for others at the time such services are rendered, as evidenced by its published fee schedule in effect from time to time, unless it is willing to agree upon a fee that is less than its customary fee. Any individual who serves as Executor or Trustee shall be entitled to receive reasonable compensation for his or her services and, whether or not such individual receives compensation, shall be entitled to be reimbursed for expenses incurred for such services. C. I grant my Executor and my Trustee the powers set forth in 20 Pa.C.S. §§ 3311- 3360 and 20 Pa.C.S. §§ 7771-7780 and §§ 8104-8105 respectively. In addition, my Trustee may merge any trust under this will with any trust having the same trustee and substantially the same dispositive provisions. If at any time after my death the size of any trust under this will is so small that, in the opinion of my Trustee, the trust is uneconomical to administer,my Trustee may terminate the trust and distribute the assets to the person or persons authorized to receive the trust income in such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executor and my Trustee. THIS SPACE LEFT BLANK INTENTIONALLY Page 2 of 4 P.A.S. D. It is my desire that my Ekecutrix or alternate Executor consult with Mateya Law Firm in the handling of my estate,they being familiar with my affairs. ARTICLE IV. DEFINITIONS The following definitions shall be applicable to all of the provisions of my Will except where otherwise specifically stated: 1. The use of the masculine shall include the feminine or neuter and the use of the singular shall include the plural, and vice versa. 2. The term"estate," where appropriate, shall include any trust hereunder. 3. `'The term "minor" shall mean an individual who has not attained the age of twenty-one years. Executed this g/V-day of 444J , 2014. Patsy A. Schmidt Signed, sealed, published, and declared for and as her last will and testament by the testatrix in our presence, we all being present at the same time; and we, in her presence and at her request and in the presence of each other, have subscribed our names as witnesses whereof, all on the date last above written. A9 A OF OF 062FA !'7013 Page 3 of 4 P.A.S. COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY,to wit: Before me the undersigned authority, on this date personally appeared Patsy A. Schmidt, and MAesq A.-MR-MLA , and A Viae 5. ZEyaeW known to me to be the testatrix and witnesses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duly sworn, Patsy A. Schmidt, the testatrix, declared to me and to the witnesses in my presence that said instrument is her last will and testament and that she had willingly signed and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed, that said witnesses stated before me that the foregoing will was executed and acknowledged by the testatrix as her last will and testament in the presence of said witnesses who in her presence and at her request and in the presence of each other did subscribe-their names thereto as attesting-witnesses on the day of the date of said will and that the testatrix, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory. Sworn and acknowledged before me by Patsy A. Schmidt,the testatrix, '_'MAP MLA , witness, and&2),eEe) .5: zEyuca , witness, this g day of , 2014. / L Patsy A. 9chmidt Witness Witness Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumlller, Notary Public Carlisle Soro, Cumberiand County �_/� My Commission Expires March 16, 2018 My commission expires Page 4 of 4 P.A.S.