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HomeMy WebLinkAbout09-28-06 l!i II Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS No.2J -DLJ - 423 Estate of RAYMOND L. SCHAFFER also known as , Deceased Social Security No. 177-12-7571 GEORGE A. WEINRICH, a/kla GEORGE A. WENRICH, residing at 4 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, Petitioner, applies for: (COMPLETE "An OR "B" BELOW:) X A. Probate and Grant of Letters, and avers that Petitioner is the Executor named in the Last Will of the Decedent, dated August 20,2003, and codicil(s) dated (None) 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: None t--.) B. Grant of Letters of Administration 0 ~. (c.t.a., d.b.n.c.t.a.: pendente lite; durante absendia; ~ minOrit~ Petitioner(s) after a proper search has/have ascertained that Decedent left a Will dated q ~ ~ !:ti and was survived by the following spouse (if any) and heirs: _'c':"~::D co 7 (j") 7-:;. ;.--::J C:) (") -0 CJ C") -T1 ::li!: {.....J~ Name Relationship ~lCince N po. N en Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 261 Redwood Lane, Carlisle, PA 17013. Decedent, then 85 years of age, died on March 5, 2006 at VA Medical Center. Lebanon. PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000.00 (If not domiciled in PA) Personal property in Pennsylvania .............................. (If not domiciled in PA) Personal property in County ................................... Value of real estate in Pennsylvania. . . . . . . . . . . . . . . . . . . . . . . . . .. ............. ... $ 0.00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 4,000.00 Real Estate situated as follows: None Wherefore, Petitioner respectfully requests the probate of the Last Will presented with the Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Georae A. Weinrich alkla Georae A. Wenrich 4 Laurel Drive Mechanicsbura. PA 17055 --0 ::C.1 rt1 ,'Tl ( ) C') C) ';-', ::tJ L .~ l-=:; in ,-n :DCJ o -., ="';-.J. ,_. -1 r~: \...... ~I ) ~ ;i# . Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland ss: The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affirm~1 flnd subscribed befo~me this ~ ~ day of tlr-hrYIhl .2006 ~~~ DECREE OF REGISTER Estate of Raymond L. Schaffer Deceased No. ~-ou,- Lbl3 also known as Social Security No: 177-12-7571 ANDNOW,.\',ph~,^ flt Date of Death: March 5. 2006 ,2006, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that X Letters Testamentary 0 of Administration (c.t.a. d.b.n.c.t.a.. oendente lite. durante absentia. duranteminortatel are hereby granted to Georae A. Weinrich a1k1a Georae A. Wenrich in the above estate and that the instrument(s), if any, dated August 20,2003, described in the Petition be admitted to probate and filed of record as the Last Will of Decedent. FEES Letters........................ $ 30. DC) Short Certificate(s)...... $ \:). DC::> Renunciation.............. $ Affidavit ( )................. $ Extr:a Pages ( )~~.\l. $ IS -0(;) Codicil......................... $ JCP Fee...................... $ 10. DO Inventory & Tax Forms $ Other.~~.... $ S ~ OD '~~~~'- Attorney: Lowell R. Gates. Esauire I.D. No: 46779 Address: Gates. Halbruner & Hatch. P.C. 1013 Mumma Road. Suite 100 Lemovne. PA 17043 Teleohone:l717731-9600 9/;).-t TOTAL............. $ I~ - aU DATE FILED: .2006 l..!1 05.805 rz~v '.105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy.by photostat or photograph. No. ~~.f'~..~~ Local Registrar '. Fee for this certificate, $6.00 p 12270218 ~AP Q?006 Date ~ o:r 0-1 '" o:r H106.143"".01~ TYPEIPIIINT II P!IlIlAllENT Bl.ACl(IIK ,. Nomtor_(Fi'Il._.1ul) Ra~ L. 5. AgojWt~ 85 (J <;;0 <- ::0 Q1''::~O 'D ')::> r- i - ''7 (T1 J;:;: ~J) ~ t:.100 <~) 0 -n ~>,C ;,-,~ COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS :g CERTIFICATE OF DEATH STATE ALE NUMBER - l"'-' c;:::> ~ er- e/) fT1 -0 N CO -0 :J,: ~ N (1'1 -XI cB [''1''1C2 (iJ. ~T5 ':;'~ l..~) f"" ["11 -:.D i:::J ~::~ ~A -n ;:;~ ~~ ~.I~ (:-) -C~\ Lebanon 1IllI_.. Allentown PA Schaffer VII. a lit. CounIyolDMIlh 0-1 10 ~ ~ So. Lebanon Twp. oIwortc done nasI 01 It. do ROI..... r KIncf oIllusinn-.olry Business i 16. IlecodonI"MIInv_(_,c~._. q,cod.) 261 Redwood Lane Carlisle PA 17013 13. DecedtnI'. ~ a.m.u.yli'2) CcIogt (H.. St) 14. MarllISlaIlll:_,_..rrItd. -, llM>n:od {$>tci')l Divorc 11. llecodonI'.u"", Servi~oI~h _I Aotldonc. 17.. SIIlt PA Did_ LItoInI 17c.1I V",_lNtdln T...."..., Middlesex Twp. 1711. CaunIy CunDerland 17<1.0 No,_lNtd_ _linlsol CllyJllolO .. .. () 1.. F_.Nomt(Fi'll._.1uO Hamty Schaffer 2IllI. In_.No.. (TypeIprinIj George Wenrick 18. _.No..(Fi'Il._............... Mabel Arney 20>. _nr. MIInv- (SheI. cly_ _, q,codt) 4 Laurel Dr., Mechanicsburg PA 17055 o w '" => ~ ~ 21b.o.ltollJisjlaolion<-.clIr,yoot) March 9, 2006 221>. LlctnttN_ 2'0. _oIDiopoe1jon(Nameol-.oy,.........,.._ploco) 21d. Locolion(~_.q,codt) Fairview Cemetery Allentown, PA 22c. No....wl_ofFdly Hoffman-Roth Funeral Home 24. 1iTeolOlolll 25. --o.t_,clIr,r-) SVlOd \110OII. clIr,,..,1 2:45 p. M. March 5, 2006 CAUSE OF DEATH lSOO_ ............., ....27.Pattte-...~-_......or"""'*"*'"'-lhIIlh:Ir_1III_.DONOT....___..__ ~_.._--.-.g1lll-.w.DONOT_,_""""CI.......Ina. ===:~ L Colon Cancer with Liver metastasis DutIo(orUI_oI): ~1iIl_,hny. b. -.g1o...__...LlnaI. _ IlolNlElll.YIIG CAUSE /dlNtoO..~IloI_'" _lItUIIngto_IWT. :~.._: :_locltolh C v.. ~No Part II: EmIr oCMr Ulnlhlll mnrtiIb. ~ m dMth IMnoIlItUIIng to ...1lOClIIlIInv....."..1n PattI. 26 DidT_UU~IoDtolh7 C v.. C,.,......, CNo C_ 28. "F_: C Nul __post,.., C l'llpnlllllinlt .,_ C NulJl111l1111'l,bulpllpnl_42d1yl1 .r_ C NuI_bul_43d1yl1lo'yow -- C _W__...post,.., 320. _of~__Slrttl.F_,OlIco aiIdIng, *. ($IIcI)I DutIoI..uI_oIl: OUl 10 (.... 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Name.nd Addreu of Per80Il Who CompIeIed Cause 01 Deeth fIern 271 TypWPrinI Shubha R. ACharya, M.D. VA Medical Center, L~non, PA 17042 35. :~~~;:: ~ . LAST WILL AND TESTAMENT (pour-Over Will) OF RAYMOND L. SCHAFFER IDENTITY I, RAYMOND L. SCHAFFER, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 177-12- 7571. . ""' I have the following child: Diane Fa"el, born () g :::0 Go c:n F~;~{ ~~ ~-j:;g ~ Co) 0 DEBTS, TAXES AND ADMINISTRATION EXPENSES ':l:-r 0 -0 <- ";-') ~-D i!;~i;~ ~ C~j 23 I have provided for the payment of all my debts, expenses of administration of P!:9~ wherever C) situated passing under this Will or otherwise, and estate, inheritance, transfer, and successi6h~es,~her ~,_" =r~ than any tax on a generation-skipping transfer that is not a liability of my Estate (inch.l-di~ intere~nd ;=-:; ~~;~ penalties, if any) that become due by reason of my death, under THE RA YMONU;L SCHAfSER G S=;:~ REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). .'the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before Il'f5' death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as . POUR-OVER WILL Page 1 ail Testator . . . Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint George A. Weinrich to serve without bond as my Independent Executor of this my Last Will and Testament. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to 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 to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of lllustration 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, 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, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions. .... POUR-OVER WILL Page 2 (J :<3 Testator . . . CONTESTS AND SPECIFIC OMISSIONS If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or indirectly: 1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 2. contests in any court the validity of the Testator'sffestatrix's Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions or that Testator'srrestatrix's Will or any of its provisions is void; 4. claims entitlement by way of any written or oral contract to any portion of the Testator'srrestatrix's estate, whether in probate or under this instrument; 5. unsuccessfully challenges the appointment of any person named as Executor or successor Executor ofthe Testator'srrestatrix's Will; 6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor of the Testator'sffestatrix's Will; 7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or is proposed in good faith by the Executor; 8. unsuccessfully seeks the removal of any person acting as the Executor of the Testator'srrestatrix's Will; 9. files any creditor's claim in Testator'sffestatrix's estate (without regard to its validity), whether the claim arose before or after the date of this instrument, but excepting claims for cash advanced or paid for expenses of the Testator'srrestatrix's last illness or funeral paid by said claimant; 10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on Testator'sffestatrix's life; 11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other form of qualified or non-qualified asset or deferred compensation account, agreement or arrangement; 12. attacks or seeks to invalidate any will which Testatorrrestatrix has created or may create during Testator'sffestatrix's lifetime, or any provision thereof, as well as any gift which Testatorrrestatrix has made or will made during Testator'srrestatrix's lifetime, whether before or after the date of this instrument; 13. attacks or seeks to invalidate any transaction by which Testatorrrestatrix sold any assets (whether to a relative of Testator'srrestatrix's or otherwise); or 14. refuses a request of Testator'sffestatrix's, Executor or other fiduciary to assist in the defense against any of the foregoing acts or proceedings, then that person's right to take any interest given to him or her by this trust shall be determined as it would have been determined if the person had predeceased the execution of this will instrument without issue surviving. The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed to exist to the extent of the scope or breadth permitted by law. POUR-OVER WILL Page 3 Ql,J Testator . . . S~ULTANEOUSDEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ~iL~ Testator This in strument consists of 6 typewritten pages, including the Attestation Clause, se~ CIause, signature of Witnesses, and:!c~ledgment of officer. I have signed my name at the f each of the ~es. ~~s~ent is being signed by me on this day of POUR-OVER WILL Page 4 . . . ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such instrument and to his/her signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: ADDRESSES: .~)tk7 ;ff/tJ~ () G d or? c /J,. i{)~ J(/ rl C "( (Printed Name of Witness) t-( tCL "'PC I i) r- (' () ,,--. ;fl e.okallJ Ie s' u. rC; ) f/ 4.. /7 oS 5 City, State, Zip . { / #~ /~~~ ft fifli/a er ~~~/4p POUR-OVER WILL Page 5 Q0 Testator . . . . , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFO~ ~)o th~ und.ersj~ed au~, on thi~O~ ~~RAYMOND L. SCHAFFE~'~ 4 tIAP/~ and ~. . known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, RAYMOND L. SCHAFFER, Testator, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that he or she had willingly made and executed it as his/her free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he or she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he or she did the same as a witness in the presence of the Testator, and at his request and that he or she was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~~~ Testator ~/fh}~ ~.9~e:.. /I" tOeAlrlo4.... ?Pnnted N me of Witness) f~W~ND witnesses, this the FER, Testator, and day of Notarial Seal Cynthia L. Thomas, Notary Public Hampden Twp., Cumberland County My Commission Expires Nov. 1, 2004 r, Pennsylvania A!J!IOCiation of Notaries POUR-OVER WILL Page 6