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HomeMy WebLinkAbout06-14-06 .. S?1'-~-5:0 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of also known as Margueritte E. Schaeffer No. , Deceased Social Security No. 198-22-0703 John A. Schaeffer Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) [R] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut or the Decedent, dated 06/14/2005 and codicil(s) dated None named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: D B. Grant of Letters of Administration ~.' (c.t.a.; d.b.n.c.t.a; pendente lite; durante absenti<r,):lurante min~te) c; 8 ~ Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spous'~;~ny) ~ ~~: .~ ., .'-- I Name Relationship ResidenQa, ) -0 ",';\ I ,c' -.,", (') . ~: , ~ ...\ """ -...0> G) " ~. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumber land County, Pennsylvania with his/her last family or principal residence at 1700 Market Street, Camp Hill, PA 17011 (list street, number, and municipality) Decedent, then ~years of age, died 06/09/2006 at HRC ManorCare, Camp Hill, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 6,000.00 $ $ $ $ NONE situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the a riate form to the undersi ned: Si T ed or rinted name and residence John A. Schaeffer 202 Kraus Drive, Val oraiso, IN 46383 i"\ ." .'~ (.. /../ \j Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) Oath of Personal Representative cl) / ()~ ~ 53:0 # Commonwealth of Pennsylvania 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to Ii/w. I " '~ ~ Sworn to or affirmed and subscribed '{-if.,'\....- fr.. '-fil c..- John A. """Schaeffef 14tj\ before me this lL day of ) ~~ . ~Njv;L~~ Deceased c> c;g '.'..i r-,:) C) ~ Cl' No. c21 rc7XJ~ -" 5~ Social Security No: 198-22-0703 Date of Death: 06/09/2006 AND NOW. l} In 14 . J'JJ lp. ;n "",;d"'Uon'~ of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [RJ Testamentary 0 Of Administration ...- Estate of Margueritte E. Schaeffer E -n f'...) W u-\ (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to John A. Schaeffer in the above estate and that the instrument(s) dated 06/14/2005 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. Letters. . . . . . . FEES $~5.~ <6.00 $ Attorney: ;., .r:!J Re,g~r of Wills Je~~swe1l, Esquire Short Certificate(s). - Renunciation. $ Affidavits ( $ I.D. No: 25444 Boswell Tintner Piccola & Alford 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Extra Pages ( ) . $ Address: Codicil. . $ - JCP Fee. $ ~b, Cj..) Telephone: 717/236 - 9377 Inventory. . . . . . . . . Other . . Av~~({\ \'\l-) '\ \ TOTAL. . Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. $ 500 $ . $ ~.IS:J Form RW-1 (1991) .. LAST WILL OF MARGUERITTE E. SCHAEFFER Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 N. Front Street P. O. Box 741 Harrisburg, Pennsylvania 17101-0741 (717) 236-9377 01/' O(p~5.36 C-) ..',..... (co::: ~., "-~' f',,j ., (..) (.n ., LAST WILL AND TESTAMENT OF MARGUERITTE E. SCHAEFFER Introductory Clause. I, MARGUERITTE E. SCHAEFFER, a resident of and domiciled in the City of Harrisburg, County of Dauphin and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I have One living child: JOHN A. SCHAEFFER. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM III General Bequest of Personal and Household Effects. I give and bequeath all my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my son if he shall survive me. If my son shall not survive me, the issue of my son surviving me, shall take per stirpes the share my son would have taken had he survived me. If my issue do not agree to the division of the property among themselves, my Executor shall make such division among them, the decision of my Executor to be in all respects binding upon my issue. If any beneficiary hereunder is a minor, my Executor may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Executor. Last Will and Testament ofMARGUERITTE E. SCHAEFFER Page 1 ITEM IV Cash Legacy to Charity. I give and bequeath to the ST. FRANCIS OF ASSIS[ CATHOLIC CHURCH, 1439 MARKET STREET, HARRISBURG, PENNSYLVANIA, or its successors, the sum of One Thousand Dollars ($1,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. ITEM V Outright Gift of All Property to Son, Contingent Gift to Issue of Son, Contingent Gift to Named Beneficiary. I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will, absolutely in fee simple to my son, JOHN A. SCHAEFFER, if he shall survive me. If my son shall not survive me, his surviving issue shall take per stirpes the share he would have taken had he survived me, or in default of such issue to . ITEM VI Naming the Executor, Executor Succession, Executor's Fees and Other Matters. The provisions for naming the Executor, Executor succession, Executor's fees and other matters are set forth below: (l) Naming an Individual Executor. I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament my son, JOHN A. SCHAEFFER, and direct that he shall serve without bond. (2) Naming Individual Successor or Substitute Executor. If my individual Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor who shall also serve without bond shall be my grandson, MARK SCHAEFFER. (3) Fee Schedule for Individual Executor. For its services as Executor, the individual Executor shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. ITEM VII Definition of Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. Last Will and Testament ofMARGUERITTE E. SCHAEFFER Page 2 .' , ITEM VIII Powers for Executor. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to my Executor may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM IX Definitions of Family. The following definitions shall be used to define the family: (1) Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the tenus "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. (2) Definition of Per Stirpes. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 1ff- day of June, 2005. .'-~ f ~~.~<J . " (SEAd ~ TTE E. SCHAEFFER Last Will and Testament ofMARGUERITTE E. SCHAEFFER Page 3 'j Attestation Clause. The foregoing Will was this -.iL day of June, 2005, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. ~ of ~ I/.U ~Jv~ of -~A'L1k,f P,4 ~."'h ~ ~.IA<WJ"A / Last Will and Testament ofMARGUERITTE E. SCHAEFFER Page 4 .' -i PROOF OF WILL COMMONWEALTH PENNSYLVANIA OF) COUNTY OF DAUPHIN ) Self-Proving Affidavit ) We, MARGUERITTE E. SCHAEFFER, and Jeffrey R. Boswell and Diane E. Grissinger , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. . '~ E. ~<<O.~~'T>e--;' TTE E. SCHA~FFER ~\, tI Wi~- 12:~~ J~~~r Itness Subscribed, sworn to, and acknowledged before me by MARGUERITTE E. SCHAEFFER, the Testatrix and subscribed and sworn to before me by Jeffrey R. Boswell and Diane E. Grissinger , witnesses, this / ~ day of June, 2005. My Commission Expires: djlolcJ-()() 7 I :nf OF YANIA NOTARIAL SEAL COftNI€ l. HARDY. Notlry PubIc City of ttarrisbwl. Oaupftjn County ,. CoIMnsicIt E..... fib. 10, 2007 Last Will and Testament of MARGUERITTE E. SCHAEFFER Page 5