Loading...
HomeMy WebLinkAbout02-09-07 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Donna Jean Kephart also known as Donna J. Hoover-Kephart N ~ \ D l Old-.O:-') o. __ Donna Jean Kephart Deceased Social Security No. 262-90-3421 Fred A. Kephart, Sr., and Kimberly Ann Caudill Petitioner(s), who is/are 18 years of age or older, apply{ies) for: (COMPLETE "A" OR "B" BELOW:) Gl A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut ors Decedent, dated 6/13/2003 and codicil( s) dated named in the Last Will of the 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 incapacitated: o B. Grant of Letters of Administration (c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent I~ft no Will and was survived by the following spouse (if any) and heirs: Name Relationship ..;.. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 108 Juniper Drive, MechanicsburQ, Pennsylvania 17055 (list street, number and municipality) Decedent, then 58 years of age, died December 29 . 2006 ,at Our Lady of Bellefonte Hospital, Ashland, Kentucky (Location) 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 Pennsylvania ........................................................................................ $ / O(1I~' ~ Re,' E,late "'"'led "fo'_Tot'~Qf;~;;.;;;;jj~::IJk~;;;.b;;yJ1#;~- ~: PPp. eM! /()~.&~Il, YO , 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 appropriate form to the undersigned: Typed or printed name and residence /,,). RW-7 Oath of Personal Representative Commonwealth of Pennsylvania County of CUMBERLAND The Petitioner(s) above-named swear(s) and 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 accordin law. Sworn to and affirmed and subscribed before me this t) day of peni ~'C)j'U du\Jl t Estate of Donna Jean Keohart DECREE OF REGISTER neceased No. ~ \ D I b\rC).. 01 also known as Donna J. Hoover-Keohart Date of Death: 12/29/2006 1- . Social Security No: 262-90-3421 ~ (\ . AND NOW, t~ ebh.W-A'u~ dexJl on the reverse side hereon, satisfactory proof having een presented before me, ( .) ,::-=::, , in consideration Of~Petitiorl~ IT IS DECREED that Letters IXITestamentary Dof Administration (c.t.a., d.b.n.c.t.; pendente lite; durante absentia;.d1H;lnte m1l'il:l'ritate) ::-.~ are hereby granted to Fred A. Kephart, Sr., and Kimberly Ann Caudill ~ _d_; C) C-,~ -' in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ $ $ $ $ $ Inventory & Tax Forms............. $ $ Short Certificate( s) ............... Renunciation.......... ........... ..... ~ ) ...\i.?.~.\.\......... Extra Pages ( ).............. Codicil .............. ............. ...... JCP Fee .....<..!~\-:-:~~::........ Other ...................................... $ dU))'cf) 1 ~.~JI~'Ub:<i Register of Will:; 'O~ ~O.Cb ~J;~ \ <..;. oD Attomey IS-.VO Attorney: R. Mark Thomas, Esquire I.D. No: 41301 Address: 101 South Market Street Mechanicsburg PA 17055 '2>'6'0. DO TOTAL .............................$ . RW-7A Telephone: 717-796-2100 DATE FILED: 2/9/2007 Etgistrar nf ]Iital ~tatistits Q!trtifit:b Q!npy d \ 01 o\~C) o THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND - NOT A WHITE BACKGROUND >,..:" 1557739 FORMVS NO.l-A (Rev. 5102) COMM~EAlTH OF KENTUCKY CABlNETFGa HEALTH SERVICES REGISTRAR OF VITAL STATISTICS 116 ZOllb 38412 FILE NO. MUST BE TYPED 1. OECEDENrS NAME (F....st; Midk1Ie, Last) CERTIFICATE OF DEATH 4. lAL E \JRITY 262 190 13421 8~ EIN u.s. ARMeOI'ORCES? 58 HOSPITAL 0""' RNo OInpjlllMt 90. FA 'TV NAME '" noIlnsliMiOn. giVe 8Irgel riumtJef) Our Lad of Bellefonte HOfr ital AShland 10. MARITAl STATUS 11. SURVMNGSPOUSE 12.. DECEDENT'S USUAL OCCUPATION Married. Never Manied (If wife, give maidfJn name) (Give kind of work done during most of Widowod. DiV<>r<:lld (SpI"'l1 ~ 1J!8.. DO NoI """ fOI<ed) Married Fred Ke.pbart Ho~~ker ISo. RESIDENCE - State ISb. COUNtv.I~.CITY. N, DR lOCATION Pennsylvania ~berland, MeCbShicsbutg ISI. INSIDE CITY 131. ZIP CODE 14. WASOECEDENT OF HISPANIC ORIGIN? LIMITS? (Spedy No or Ves - If yes, specify cu_ MexiCan. Pueno RicBO. etc.) Domestic 13d. STREET AND NUMBER 108 Juniper Drive lS.RACE-American_. 16.DECEDENT'SE TION iliad<, White. etc. (Specify) (SpIcily only highest gradl """"'"ied) BemlSeeonda<y (0-12) College (14 or 5+) 17055 Wh~ite 11 17. FATHeR'S NAME (Fht, Middle. (as/) Donald Wri 'ht lar.. "Code) Fred Kephart 201. METl-IOO OF DIS $ITION o Burial I>> C.....tiOn 20<;. lOCATION (CiIy. 70"". or Slall) (Mt/$'.USE aLACI< INK) USE 8) (Morl/h. o.g~ 1_I:"c~?fE 1 ~.:'t c:::;, = -... ..." f'1, 0:1 I \.0 Leola, PA f) Ifonle:~ :D .~; -rJ 12:21 Pl1 Coroner 127 Hitchcock Dr. South Shore, KY. 41175 26. DATE PRONOUNCED DEAD (Month, Day. Vew) 27. WAS CASE REFERRE~CAl E)(AMINERICO DeceJllQer 29, 200(> VI' 0 No Approximale interwl between S:- onset and death, en :bo ::r.: cs .. 28, PART I. Enter the clse8sea:. Injuries, or comptJQIl~ ~at\',C~cil,;,d,~~' [)a,nOf*,ter the mode of dying. suCh. C8t1tiac or respiratory errest, shock Of heart feil~. Usl ~)i'one j;:iiUae on,aeh line. IMMEDIATE CAUSE (FIflal diseas$' or cOf1dilion resulting kI death) AdUte....~ ~a.rctipn I Mi.ns . Sequentially list conditions, if any. leading to immediate cause. Enter UNOERl YIHG CAUSE (O_or Injury thaI initisfed events- resulting in dealh) LAST .. ion 29, R D ~ Natural 0 Pending _dent InveStigation 0 Suldde 0 0 _de 1. I, Gary L. Kupchinsky, State Registrar of Vital Statistics, hereby certify this to be a true and correct copy of the certificate of birth, death, marriage or divorce of the person therein named, and that the original certificate is registered under the file number shown. In testimony ''fPtH have; hereunto scribed my name and caus~~eal of the Office of Vital Statistics to be affixed at Frankfort, Kentucky this v C; day of 20UF. ~ 't! Gary L. Kupchinsky, State Re ,A \ D\ O\&.C"~ LAST WILL AND TEST AMENT BE IT REMEMBERED THAT I, DONNA 1. HOOVER KEPHART, a resident of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my LAST WILL and TEST AMENT, hereby revoking any and all Wills and Codicils previously made by me. I declare that I am married to FRED A. KEPHART, SR. Reference is hereby made to the Prenuptial Agreement dated April 26, 1999. I also declare that I have two daughters, ROBYN LEA SMITH and KIMBERLY ANN CAUDILL. Reference is made to my daughter ROBYN LEA SMITH to show that it is my intent to leave her out of this Will. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in consequence of my death, of whatever nature ,~-::') r , 1.-',=:,1 -......1 and by whatever jurisdiction imposed, shall be paid from my residuary estateas~~ part O:fi the (-_~ tX) expense of the administration of my estate. I \.D ~ IV :.=1 CJ 1 hereby make the following specific bequests: .;:- (J'I A. To my sister, BOBBIE L. SCHWINABART, I give the sum of twenty thousand ($20,000.00) dollars; and B. To my step-daughter, BRENDA S. STINSON, I give the sum of twenty thousand ($20,000.00) dollars. Should BOBBIE L. SCHWINABART or BRENDA S. STINSON predecease or fail to survive me by thirty (30) days then their share shall lapse and be added to my residuary ,estate. V I hereby direct my Executor to divide the remainder of my estate into two (2) equal shares to be distributed as follows: A. One (I) share to my daughter, KIMBERLY A. CAUDILL, per stirpes; and B. One (1) share to be divided equally between my grandchildren, DANA M. GILSDORF and BRANDON M. GILSDORF, pursuant to the terms of the hereinafter included Trust. VI TRUST If I have any grandchildren who inherit property under the terms of this Will who are under the age of twenty-three (23) years, I appoint my son-in-law, GLENN CAUDILL as Trustee of the property that I have given to my grandchildren. A. The assets that are transferred to the Trust shall be divided into shares commensurate with the size of the estate to which each grandchild is entitled until such grandchild attains the age of twenty-three (23) years. B. The Trust estate shall be administered until each grandchild reaches the age of twenty- three (23) years. Until that time, the Trustee shall apply all net income and principal of the Trust estate as follows: 1) So long as my grandchild is under the age of twenty-three (23) years of age, the net income of the Trust shall be paid to, or applied for the benefit of my grandchild at such times and in such amounts as the Trustee shall in his discretion deem necessary for his support, welfare, maintenance and education. Education shall be defined broadly to include not only that available in college, but also trade school and other similar training. In the event that the income shall be insufficient to provide my child with adequate maintenance, support, welfare or education, the Trustee may invade the principal of this Trust for this purpose. 2) The Trustee in exercising his discretionary authority with respect to the payment of income or principal of the Trust Estate to my beneficiary, shall take into consideration any income or other resources available to my child from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on all persons howsoever interested in the Trust. 3) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. 4) In the event my grandchild predeceases me or dies prior to the termination of this Trust, the interest of my grandchild in the Trust shall cease, except that, if he is survived by any children, then the Trustee shall pay net income of the Trust to or apply the same for the benefits of such children of my deceased grandchild, in such amount or amounts as the Trustee in his sole discretion may determine for support, welfare and maintenance. 2 C. When my grandchild reaches the age of twenty-three (23) years, a calculation of the property remaining in the Trust shall be made and the total thereof shall be distributed to him or her. D. My grandchild, as beneticiary of this Trust, shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution or other process oflaw. E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other powers granted by this Will, or by law, shall have the following powers over the Trust estate, subject to any limitation specitied elsewhere in this Will: I) To retain any property received by the Trust estate for as long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repaIr of real property. 3) To sell at public or private sale, exchange or lease for a period of time, any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5%) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in his judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. VII nominate, constitute and appoint my husband, FRED A. KEPHART, SR. and my daughter, KIMBERLY A. CAUDILL as Co-Executors of this LAST WILL, to serve without bond. If either is unable to serve in this capacity, then the other may act alone, to serve without bond. 3 IN WITNESS WHEREOF, I, , DONNA 1. HOOVER KEPHART, have set my hand to this LAST WILL this /3f/J day of JtM'IC ,2003. l1~fJ-~~aL DONNA 1. HOOVER KEPHART Signed, sealed, published and declared by the above~named DONNA 1. HOOVER KEPHART, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~ ~ JII!!tf; IJJ/!!!i+ 4 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, DONNA 1. HOOVER KEPHART, Testatrix, 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; that I signed it as my free and voluntary act for the purposes therein expressed. ~~Ar;~~ Sworn or affirmed to and acknowledged before me by DONNA 1. HOOVER KEPHART, Testatrix, this A3 day:!fJ ~ ' 2003. ~~ AFFIDA VIT .---- Notarial Seal . Arlne Carmody. Notary ~Ub~I~OUnty Mechanicaburg Bore. cumber ~ 11 2006 My Commission Expires Expires ar. . COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND We,\?tv\~LT\\ows and jQV\-~LOr-\gk.+- , the witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her LAST WILL; that DONNA 1. HOOVER KEPHART signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge; the Testatrix was at the time 18 years of age or more, of sound mind and under no constraint or undue influence. ~L 1JtJ/fI1 IJ/!t(!l. S,:om or affirmed t~ an~knowledged before me tlllS /~ day of y~ ,2003. f1L>UV1[ " 5 . , .l. ~ Notarial Seal Anne Carmody, Notary Public Mechanlcsburg Boro, Cumberland County My Commission Expires Expires Mar. 11. 2006 "II.!j