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Home My WebLink About06-21-05 . . ., Harry W. Shaefer . Estate of also known as PETITION FOR PROBATE and GRANT OF LETTERS ~/-6.,-05tf:,O No. To: Register of Wills fo~ tpen. .. .J Deceased. County of { Ii ~~ I in the '~P'"1Jrity No. 1/5-24-8006 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who islare 18 years of age or older an the execut in the last will of the above decedent, dated November 18 and codicil(s) dated N / A named 1'1\9<~ (state relevant circumstances. e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 3 Scenic Lane ) DVV(C'R f,';,C=PLIN Newville. PA 17241 (list street, number, Twp. or Boro.) Decedent, then 80 years of age, died May 12, ,"f9:!005 at Carlisle Regional Medical Center. Carlisle. PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Perm~vlv!:llni.. situated as follows: _ $ /(7 ODD $ $ $- ';'i~ WHEREFORE, petitioner(s) respectfully presented herewith and the grant of letters request(s) the probate of the last will and COdicil(s) Testamentarv (testamentary; administration c.La.; administration d.b.D.c.t.a.) ~_,." theron. . " u " " "0_ 'v;~ "" "'~ -g.g RI';:: 3&:: "~ " 0 " " '" 0;; ~~~ I OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } 88 COUNTY OF Cumberland The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen. tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. ~~ Sworn to or afO'ID" "'" ,."'''''''' ~ _ . _ . _~ before me this .;2/ d day of ~ t; ~f9<2005 -r......d.hy :Ba,..,....~A:: 1.l.MlJA., :1- R'( , ~ Registe '" 0;;' '" '" , " ~ ~ . . . No. ;J../-():5 - o!:,"t,() Estate of Harry W. Shaefer , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW J"np ~ of.- i't?OO'i ,in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, lT IS DECREED that the instrument(s) dated November 18. 2004 described therein be admitted to probate and filed of record as the last will of Harry W. Shaefer and Letters Testamentarv are hereby granted to Timothy Barrick Probate, Letters, Etc. ......... $ Short Certificates( I) . .. .. . .. .. $ RWen,;,nciation ................ $ ~ ,>,' ~ $ ',(!).Ul) ~~ TOTAL _ $ . s'OO Filed ..... .~,.u d::.... .7.9;Pt!. ~W~~ tt 5. 00 J/.t)<J ~J.~~ ~=VL--'A ~.,'2 ,~_~ FEES Patricia R. Brown 27474 AITORNEY (Sup. Ct. I.D. No.) 10 West Pomfret Street, Carlisle, PA 17013 ADDRESS 717-249-3024 PHONE - ~ ~ -.) II '.,.,") 02/-05-{)J;hQ I, HARRY W. SHAEFER, of Newville, Cumberla~d County, Pennsylvania, declare this to be my last will and revoke all prior Wills and Codicils. FIR S T: I give all my tangible personal property and any insurance thereon to TIMOTHY BARRICK and KAREN BARRICK, or the survivor, who shall pick and choose such items as they desire. S E CON D: All my remaining tangible personal property not selected by TIMOTHY BARRICK and KAREN BARRICK shall I be sold and the net proceeds added to my residuary estate. II T H I R D: A. I give the residue of my estate, real and personal, in equal shares to TIMOTHY BARRICK and KAREN BARRICK, or the survivor, and if both predecease me, then in equal shares to the living children of the marriage of TIMOTHY BARRICK and KAREN BARRICK, who shall take per capita and not per stirpes. B. Any share of my residuary estate otherwise payable to a beneficiary or more remote descendant who has not reached age 18 shall be retained by my Executor as Trustee in a separate trust for such beneficiary. This trust and any income therefrom may, in the sole discretion of Trustee, be used for the beneficiary'S maintenance and education and any income if not so used shall be added to principal. All property in the trust shall be paid to the beneficiary at age 18. If the beneficiary dies before age 18, all property in the trust shall be paid, per 1 ~ " ~ J ~ II 'I II I stirpes, to those of his issue who are his nearest of kin I (subject, however, to the provisions of this clause in the cases of those under age 18) unless the beneficiary dies more than 21 years after the death of all his issue living at my death in which event all such property shall be paid to his estate. F 0 U R T H: No beneficiary may assign or transfer his interest under this Will or any Codicil hereto and no person with a claim against a beneficiary may reach any such interest before it is distributed to the beneficiary. F I F T H: In addition to powers given them by law, all fiduciaries acting under this Will, whether or not named herein, shall have the following powers, applicable to all property held by them, effective without Court order and until I I II actual distribution: (a) To retain any property received by them; (b) To invest in all forms of property without restriction to investments authorized by law and without regard to any principle of investment diversification; (c) To exchange or sell real or personal property publicly or privately without order of Court, for such prices and on such terms as they deem proper without liability on the purchasers to see to application of the purchase moneys; to lease for any term and to give options for these purposes without obligation to repudiate them in favor of a higher offer; (d) To compromise controversies without order of Court 2 i ~ , ~ ~ ~ ~ II or consent of any beneficiary; (e) To hold investments in the name of a nominee; (f) To exercise any discretionary power to use principal or income for a beneficiary by paying the beneficiary's expenses directly or by distributing funds to any person or organization they select to disburse the same for the beneficiary's exclusive benefit; in like manner to payor distribute principal or income to which any beneficiary is entitled if the fiduciary deems the beneficiary incapable of receiving the same by reason of any illness, infirmity or legal incapacity; and to distribute to a minor notwithstanding minority any principal or income which they have discretion hereunder to use for a minor or to which a minor is entitled; (g) To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; (h) To exercise any option permitted by law to use deductions for Estate or Income Tax purposes as my fiduciary deems advantageous of overall tax reduction even though the effect may be to increase income at the expense of principal or vice versa, and to make or not to make adjustments with respect thereto as my fiduciary, whose decision shall be conclusive and not subject to review by any Court, deems appropriate in view of 3 i ~ '\ ~ 1 ~ II the nature of the transaction and the amounts involved; and (i) To employ and compensate such brokers, advisors, professional persons, and other agents as the fiduciary deems advantageous or as I may have directed, whether or not an individual fiduciary hereunder performs the services or has any pecuniary interest in the firm performing the services, without liability for payment of compensation at a higher rate than might have been negotiated elsewhere and without diminution of any such individual's fiduciary commissions hereunder. S I X T H: All taxes and interest and penalties together with all administration expenses thereon payable by reason of my death with respect to property comprising my gross taxable estate, whether or not passing under this Will, shall be paid from my residuary estate. Taxes on future interests may be II prepaid. S EVE NTH: (a) I appoint TIMOTHY BARRICK Executor of this Will. If he for any reason does not act or continue to act, I appoint KAREN BARRICK Executrix in his place with the same powers and duties. If she for any reason does not act or continue to act, I appoint JOSHUA BARRICK Executor in her place with the same powers and duties. (b) No Executor, Trustee or Guardian acting under this Will shall be required to post Bond or enter security in any jurisdiction. 4 ~ ~ ~ II IN WITNESS WHEREOF, I have hereunto set my hand and seal this I 7-rh day of Novem b0r , 2004. ~ ;(?<--,A ~ HA RY W. SHA~ (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above named I Testator, HARRY W. SHAEFER, as and for his last Will and I r ,I 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 ~ /~ / Witness witnesses. D !1-'liflct-__~. I wi tness }111.,L .\<.-U'I., 5 ~ ' ~I II ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF C lll\\ h(,' 10,1\ Il I, HARRY W. SHAEFER, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by HARRY W. SHAEFER, the Testator, this {V1h day of f\I(V<i'mL.ey , 2004. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Andrea A. Crider, Notary Public Newville Bora, Cumberland CoWlty My Commission Expires July 27, 2006 Member. Pennsyrvania Association of Notaries ~R~W~ {l.vtc?f )1--< ,'-- (1, C )l-<-vi (/\ NOTARY PUBLIC 6 ~ ~ ~ Of~OV;;;;. V.h~ be..- ~ _/W~ ~ Witness "- ,~ ~ I AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cc\.rY\ bey Io--nc~ We,ihoYY\C\s CGsel\ and 6o..rhttV"lA-"" f1'\IM\I't'r, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we w~re present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or influence. Sworn to or affirmed and subscribed to before me by T7wrnC\s C' GS,,-II and 6OcV'blAr"" m fl11"~"cr' , witnesses, this jgTlI day , 2004, g;;/S C;:,E-,CW)- ~,.f, yE st/;IfM/f&j€6' jJ; /?H) Residing at fat ~ft'-~ "', !h7c~(}~' Wltness , NLI ~Plt1YJdLriJ. vA- )(ui'vdl jJlf Resid ng at 17'J-CI; COMMONWEALTH OF PENNSYLVANIA Notarial Seal Andrea A. Crider. Notary Public Newville Boro, Cumberland County My Commi.uian Expires July 27, 2006 M"mber, Pannlylvenle Aasoclatlon af Notaries {l noL)I~0L (1. Cl ,v::tCl Notary Public 7