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Home My WebLink About09-28-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CTTMRF.RLANn COUNTY, PENNSYLVANIA Estate of NORMA J. KAPP, also known as NORMA JEAN KAPP, also known as N. JEAN KAPP , Deceased File Number ;2/-07- of/lo Social Security Number 183-12-2397 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) Ga A. Probate and Grant of Letters Testamentary and aver that Petitioner( s) ?sl}~ <Me last Will of the Decedent dated October 28. 200!:imd codicil(s) dated N fA F. Robert Kapp, the other Co-Executor named in said Co-Executors named in the Will, died on August 1, 2007. (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 ofthe instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: no exceptions. ..... , C) = Co ~ o B. Grant of Letters of Administration . .; :::lJ {.Q I b d d d '-'""" r:-l (If app icable, enter: c.t.a.; d. .n.c.t.a.; pen ente lite; urante absentia; urante min~"5! v i>f Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse @;~j) and~rs: (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.) ) c'::; ;;~.~ -U N=. R_~~ ~~. ~ .J ' I (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumber 1 and Trindle Road. Hampden Township. (List street address, town/city, township, county, state, zip code) County, Pennsylvania with his / her last principal residence at 4837 East Decedent, then TownRhip. 86 years of age, died on September 25, 2007at Holy Spirit Hospital, East Pennsboro Cumherlrlnn CounTY, PA Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (lfnot domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 60.000.00 5.000.00 situated as follows: 214 West Simpson Street, Borough of Mechanicsburg 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: T ed or rinted name and residence NY 13030 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~ C( H--. day of _~W- , 2007 ()fu;!iillL (1~ Fodh - egi"'" , C ~ CL.J1y~ Signature of Personal Representative Carol A. Rider Signature of Personal Representative (2 ~~o . ~:; rr r.....' ~ --.J C/) iTl ....,.., N C,) Signature of Personal Representative ., "-_! '_/ . .../'-" -) d ~7~ ~." '----.- -::J -v =:J w C> '" File Number: NORMA J. KAPP, a/k/a NORMA JEAN KAPP, Estate of a/k/ aN. JEAN KAPP , Deceased Date of Death: September 25, 2007 Social Security Number: 183-12-2397 ANDNOw,&1B1J.UrJ ~g 2007 having been presented before me, IT IS DECREED that Letters are hereby granted to CAROL A. RIDER , in consideration of the foregoing Petition, satisfactory proof Testamentary in the above estate and that the instrument(s) dated October 28, 2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters............... $1/36P~ Short Certificate(s) . . . . . . . . $ O)b.!Ju J4l4LP :~ ~...$~ .. . $ . .. $ . .. $ .. . $ .. . $ .. . $ TOTAL .. .. .. .. .. .. .. $ / gt)Q.,96- Form RW-02 rev. 10.13.06 Attorney Signature: Attorney Name: Marlin R. McCaleb. ESQuire Supreme Court I.D. No.: 06353 Address: 219 East Main Street Mechanicsburg, PA 17055 Telephone: 691-7770 Page 2 of2 HI05.S05 REV 101/07) &-1- () 7 - 08<70 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13858886 Certification Number 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. /) m r. OCT 0 1 2007 ~/<~~I I Local Registrar Date Issued o Co '~~S L_ --;-, ,. ,:~ =:,:::: \,.'-' ,'" -/ ~ <;~ -~ ::, --I \:1 -J> r--.) = = -.....I <::::) (J -I I W ~ -... -"'" I REV 1112006 I PRINT IN MANENT \CKINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examplee on reverse) STATE FILE NUMBER ,. Name 01-.. iFffsl._. ""'.'"f1b) Norma Jean Kapp 5. "'" llotl BlrIt1day) Under 1 ...... 6. Dale 01_ (MoIOh. <ley. 1.~ end_.. 86 April 3, 1921 Enola, PA Ild. FacllyNeme (1fnol_.gI'Io_lIIllIllII1tet1 VIS. 6b. county 01 Death Cumberland 11. DececlenrsUsull KkldolWofl< Le al Secretar . 16.0ecade....Maililg_15I.....city/_....le,zip-) 4905 Trindle Rd. Mechanicsbur PA 17055 la Falher'. Name I".... _.Iu\ MIlle) Samuel Roy Bitner 208. In_'" Name rr,po 1 PMI) Joseph R. Kapp, Jr. 21a. Melhod 01 [);spotlllon 0 c...-. 0 Oonellon 21b. DalB 01 0I0p00lti0n (Month. day. jOllIj ~ - 0 _fromSlete i WIICNmIlIon.._A_ S b 28 200 o ~r.SpeaIy: 'by__'COroner? OV..ONo eptem er , 220. Slp~ lor_BCIlng..such) .~. ~ ~ 238.. _~ physlciBnltnol_BllimOoI_lo CllflIfy ceuBI 01_. DBcac*1I'. Aduaf ReskiInce 17.. StIle l1b. COooly Cumberland <::::) CO 4. Oale of Outh (Month. day:year) 183 - 12 - 2397 Se tember 25 2 0 8&. PllIClI 01 Deeth 1Ctled< .... HoapiIeJ:. Other. [J1npalienl OERIOutpoIienI ODOA OHllrslngHomB OR_ OOlhef.SpociIy 9. wao DecedanI 0/ Itspri: OrigIn? 1D Na 0 Vas 10. Allee: AmericanIndOn. BlacI<. WIlle. Ole. 111 yIO, specify Cuban. (Spoc:iM _.PueIloIbn.oIl:.) White Dld_ Uvelna T"""""'? Hampden 11e.1) Vel. _ Uvod In l1d.0 Ho._Uvod"""n AcluBlL>nilsof Top. a~11loro 18. _. Nama (Rrs\ _. _ SllITIIJB8l Sophia Graybill lOb. _.MIIIng_ISINel.city/_....Io. zip-I 214 W. Sim son St. Mechanicsbur PA 17055 21e.PlocoolOlopooltionINlmtol""""""Y.crematory.._plece) 21d.locBllonICltyltown._.zipcode) Mt. Olivet Cemetery Fairview Twp., PA 17070 . ===':"compleIodbypalSOll 24TomeOIDoe1ll/{p/f;;- M. CAUSE OF Dl!A'lll Is.. 1_ ond ...mpl..) 1lem21. Pan I: EnI"the~-_.Ir4urieo,or~-l11BldirBdlycausad"'_. OONOT....._......_..CBJdiBcarml. rsspinllOly BIlBtl. .._Ilb_ _ showiIg the BIology. list only one CBUBB '" BBd11lnB. r(.1'i/ vre- )0 0/"/U Oua\olorBS~_oI): b. ~;"'4LJ -4-J. "'- DuetO(orasa~ot): o\l>plo-_: Onset to Death ::=:~~=)dse~ ~iltconclllona,ita"Y, =:UNOE~v:n:,~ I. =:ere::..'t~n~"1"LI:H" Due 10 (or al a consequence 01): 308. Was an AutopSy Perlonned? d. 3Qb. W... Au_ FIndIngs A__IO~ 01 Causa 01 Death? ov.. DNa 3211. T....oflnju'l' 31. Manner 01 Death DNa.... 0- O-OI'<<'dngI_lIon o SUcide 0 Could NoI lIB ~ Inc., PO Box 431, New 23b. .l.Icensl Number . /170 t:JS-7//~L Cumberland, PA 17070-043 23<:. Om S9>ed (Month. <ley. year) er '''''-''''40/ .l~ / ';"'.7 26. Wu CIA Referred to MedIcal Examiner I Comnerfor a Reason Other than Cremation Of Donation? OVas ~ Part II, EntIratherllimilleMl:MI'ldIImI j!tlnbihulm 1o.dMth, tKJt not resub'lglntheundertylng C8U11.gtvtnln Part I. 26. DId T_ Usa c.._ to Oeo\h? Et"Ti' O-bIy o No 0 Unknown 29. W FBIIIBIe, ~lwilhinpeBlyear o Pregnentallimeoldaath o NoI ptegIIBIlI. b~ pregnant within 42 days aldeath o Not prt9'I8nl. but pregnant 43 days '0 1 year beloredeath o Unknown it pregnanI wilhin Ihe pas! year 32<:. P1acB of 1Iju'l': Home. Farm. 51..... Fac\oIy. Df1ice BUIdlnS. Ole. (Specily) N. 32f.111~lnjury(SpecIfy) Oon.orlOpaolIor OP,_ OPedBslrlBn OIII8r-Speclfy, 331>. Si\1leIU18 and T"" 01 32g. locellon oIlnju'l' 1_. city Ilown. .IB") OVas DNa 33&. Ce1lf1io< (check only....) . =,:t07:iBn~==:"~':t.."':':.:::::~_~..':'~~::'~_________________ 0 ~ ~":t:=,,,=,,=:=h~lI1ddBS~:~olO==menner..___________________ 0 ._e.-/ConlfIOr On the _ 0/._ II1d I or InwstIgotIon, In my opinion. _ occunod It tho limo. dole. end pioce, II1d cluB to the COUBS(I} ond __............ 0 ~ 33d. DB" SignBd IMonln. day. year) rnPt:J57//uL ~r~"r ;k:o//Je-'t);; 34. Name and _ 01 P...... _ Completed Cause of lleoth (lIem 21) Type I Print Ur~ /J'cp/(!T t7 . /..' r cA~..:A' 35. Registrar', Signa ~ _ I ;21 II .?,- / I II 36. c~/:i~ ~f LAW OFFICES MARLIN R. McCALEB LAST WILL AND TESTAMENT I, NORMA J. KAPP, of the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former Wills and Codicils by me at any time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Co-Executors, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give and bequeath my automobiles and personal effects and such household goods, furniture and furnishings as may be my individual property and not the property of my husband, or owned jointly by me with him, and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my children, namely: CAROL A. RIDER, F. ROBERT KAPP, NANCY L. ALLEMAN and JOSEPH R KAPP, SR, or to the survivors of them if any are not then living, the same to be divided between them by my Co-Executors, hereinafter named, with due regard for their personal preferences in as nearly equal shares as possible. THIRD. I give, devise and bequeath my real estate known a6~(-9umb~~d as _ . .~ ~+2 (..'1~. 214 West Simpson Street, Mechanicsburg, Cumberland County, P~~ani~Junto ...~'.U ~;; , my grandson, JOSEPH R KAPP, JR, absolutely and in fee simple,;-if..tIg;suntj,ves -~.- '>_:- 11 _.'" h me. =f~ C0 o " . 0, FOURTH. If my husband, FREDERICK T. KAPP, survives me, then I give, LAW OFFICES MARLIN R. McCALEB devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, unto my Trustees, hereinafter named, IN TRUST, NEVERTHELESS, for the following purposes: A. My Trustees shall hold, manage, invest and reinvest the same and the income therefrom and may use and apply from time to time as much of the net income therefrom and the principal thereof as my Trustees, in the exercise of their sole and absolute discretion, may deem reasonable or appropriate for the comfort and happiness of my husband, FREDERICK T. KAPP, and for his funeral expenses upon his death (but not for his support) after considering all other resources available to him, including but not limited to public resources such as Social Security Disability Benefits, Veterans Administration Benefits, Medicaid and Supplemental Security Income Benefits and available benefits from all other appropriate federal, state or local agencies serving the disabled. Any income not distributed shall be added to and become a part of the principal. B. Notwithstanding the provisions of Paragraph A, above, any income or principal distributed to or for the benefit of my husband while he is disabled and eligible for any federal, state or local governmental financial assistance or benefits shall not disqualify him as the recipient of such financial assistance or benefits and shall not supplant or replace any such financial assistance or benefits, but shall be for supplemental benefits or special needs not otherwise provided for by governmental financial assistance or benefits or by the providers of such services or benefits. In making any distribution to my husband, my Trustees shall take into - 2 - LAW OFFICES MARLIN R. McCALEB consideration the applicable resources and income limitations of any public assistance programs for which my husband is then eligible. As used in this instrument, "special needs" refers to the requisites for maintaining my husband's good health, safety and welfare when, in the opinion of my Trustees, such requisites are not being provided by any public agency, office or department of any city, county or state government, or by the federal government or any other public or private agency. Such supplemental benefits or special needs may include, by way of description and not by way of limitation, travel, entertainment, recreation, programs of training, education and treatment, spending money, supplemental dietary needs, health or dental services not otherwise provided, special equipment and gifts for family members. Entertainment and recreation may include, by way of description and not by way of limitation, vacations, trips, athletic contests, movies, the purchase any/or rental of televisions, radios, record players, compact disc players, VCR or DVD players, personal computers, computer accessories and software, movies, video tapes and other similar appliances of accessories. My Trustees shall not be obligated to expend income or principal for such needs of my husband, but if my Trustees, in the exercise of their sole and absolute discretion, decide to do so, under no circumstances shall my Trustees reimburse any amounts to any federal or state governments, agencies or subdivisions thereof. My Trustees shall hold all income and principal from this Trust herein free from all claims, attachments, judgments, executions and liens of every kind and nature, control. or interference by or from the creditors of my husband, FREDERICK T. KAPP, or of - 3 - LAW OFFICES MARLIN R. McCALEB , . any government agency providing aid or benefits to him, and my husband shall not have any power to anticipate, assign, alienate, pledge, charge or encumber the income or principal of this Trust. For purposes of determining my husband's eligibility or Medicaid or any similar program, no part of the principal or undistributed income of this Trust shall be considered available to him. C. Upon the death of my husband, FREDERICK T. KAPP, or in the event that the terms and conditions of this Trust are challenged in Court by any governmental agency, this Trust shall terminate and the remaining balance of principal and accumulated income, if any, shall be paid over and distributed in accordance with the terms and provisions of Item FIFTH, below, as if my husband, FREDERICK T. KAPP, had predeceased me. FIFTH. If my husband, FREDERICK T. KAPP, shall predecease me or fail to survive me, then and in that event I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate as follows: A. I give and bequeath an amount equal to one-fourth (1/4) of said residue unto my daughter, CAROL A. RIDER, absolutely and in fee simple. B. I give and bequeath an amount equal to one-fourth (1/4) of said residue unto my daughter, NANCY L. ALLEMAN, absolutely and in fee simple. C. I give and bequeath an amount equal to one-fourth (1/4) of said residue unto my son, F. ROBERT KAPP, absolutely and in fee simple. D. I give and bequeath an amount equal to one-fourth (1/4) of said - 4 - LAW OFFICES MARLIN R. McCALEB , , residue unto my Trustees, hereinafter named, IN TRUST NEVERTHELESS, for the following purposes: (1) My Trustees shall hold, manage, invest and reinvest the same and the income therefrom and may use or apply from time to time as much of the net income therefrom and the principal thereof as my Trustees, in the exercise of their sole and absolute discretion, may deem reasonable or appropriate for the comfort and happiness of my son, JOSEPH R. KAPP, SR., and for his funeral expenses upon his death (but not for his support) after considering all other resources available to him, including but not limited to public resources such as Social Security Disability benefits, Veterans' Administration benefits, Medicaid and Supplemental Security Income benefits and available benefits from all other appropriate federal, state or local agencies serving the disabled. Any income not distributed shall be added to and become a part of the principal. (2) Notwithstanding the provisions of Sub-paragraph (a), above, any income or principal distributed to or for the benefit of my son while he is disabled and eligible for any federal, state or local governmental financial assistance or benefits shall not disqualify him as the recipient of such financial assistance or benefits and shall not supplant or replace any such financial assistance or benefits, but shall be for supplemental benefits or special needs not otherwise provided for by governmental financial assistance or benefits or by the providers of such services. In making any distribution to my son, my Trustees shall take into consideration the applicable resources and income limitations of any public assistance programs for - 5 - LAW OFFICES MARLIN R. McCALEB . , . . which my son is then eligible. As used in this instrument "special needs" refers to the requisites for maintaining my son's good health, safety and welfare when, in the opinion of my Trustees, such requisites are not being provided by any public agency, office or department of any city, county or state government, or by the federal government or any other public or private agency. Such supplemental benefits or special needs may include, by way of description and not by way of limitation, travel, entertainment, recreation, programs of training, education and treatment, spending money, supplemental dietary needs, health or dental services not otherwise provided, special equipment and gifts for family members. Entertainment and recreation may include, by way of description and not by way of limitation, vacations, trips, athletic contests, movies, the purchase and/or rental of televisions, radios, record players, compact disc players, VCR players, personal computers, computer accessories and software, movies, video tapes and other similar appliances or accessories. My Trustees shall not be obligated to expend income or principal for such needs of my son, but if my Trustees in the exercise of their sole and absolute discretion, decide to do so, under no circumstances shall my Trustees reimburse any amounts to any federal or state governments, agencies or subdivisions thereof. (3) My Trustees shall hold all income and principal from this Trust herein free from all claims, attachments, judgments, executions and liens of every kind and nature, control or interference by or from the creditors of my son, JOSEPH R. KAPP, SR., or of any government agency providing aid or benefits to - 6 - LAW OFFICES MARLIN R. McCALEB " . him, and my son shall not have any power to anticipate, assign, alienate, pledge, charge or encumber the income or principal of this Trust. For purposes of determining my son's eligibility for Medicaid or any similar program, no part of the principal or undistributed income of this Trust shall be considered available to him. (4) Upon the death of my son, JOSEPH R. KAPP, SR., or in the event that the terms and conditions of this Trust are challenged in Court by any governmental agency, this Trust shall terminate and the remaining balance of principal and accumulated income, if any, shall be paid over and distributed unto the then-living issue of my son, said issue to take the ancestor's share by representation and not per capita, and in default of said issue, the same shall be paid over and distributed equally between or among the other shares provided in Sub-paragraphs A, Band C of this Item FIFTH. SIXTH. I nominate, constitute and appoint my daughter, CAROL A. RIDER, and my son, F. ROBERT KAPP, Trustees of the Trusts created in Item FOURTH and Item FIFTH, above; provided, however, that if either of them shall fail to qualify as such Trustee or cease so to serve, then and in that event the other one shall continue to serve hereunder as the sole Trustee of said Trusts. SEVENTH. All federal, state and other death taxes payable because of my death, with respect to the property forming my gross Estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my residuary Estate and shall be paid out of the principal of my - 7 - LAW OFFICES MARLIN R. McCALEB . . . . , Estate without apportionment or right of reimbursement. LASTLY. I nominate, constitute and appoint my children, CAROL A. RIDER and F. ROBERT KAPP, Co-Executors of this, my Last Will and Testament, but if for any reason either of them shall fail to qualify as such Co-Executor or cease so to serve, then and in that event, the other one shall continue to serve hereunder as the sole Executrix or Executor, as the case may be, of this Will. IN WITNESS WHEREOF, I, NORMA J. KAPP, have hereunto set my hand and seal to this, my Last Will and Testament, which consists of eight (8) typewritten pages to each of which I have affixed my signature this ~ day of C9(l~~ I A.D., Two Thousand Five (2005). v ~~ (SEAL) The preceding instrument, consisting of this and seven (7) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by NORMA J. KAPP, the Testatrix therein named, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. ~442~ /~ ,/!.4~~ .tf. - 8 - . OATH OF SUBSCRIBING WITNESS(ES) q ,-=,0 '~, ::xJ , -r1 --c' C"J ; ".;.<r- Sn< ~:..:.r~J t....:l C;::) c= --.J U) PI V N co './ /~...... REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Q~~.~ " ::0 :.~J-I --Cp;;;' w a 0'1 ;;f-07-0gQO Estate of NORMA ,1 _ KAFP. a Ik la NORMA ,lEAN KAFF. a/k/a N. JEAN KAPP , Deceased Marlin R. McCaleb and Joseph R. Kapp. Sr. , (each) a subscribing witness to (Print Name/s) the aWill 0 Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that j}UtJtiti / they lIHlS / were present and saw the above 5f~ Testatrix sign the same and that ~i'W they signed the same and that skcdu / they signed as a witness at the request of the lilStRWK / Testatrix m her / tis it~~~ (Signature) Marlin R. McCaleb presence and in the presence of each other. 219 East Main Street (Street Address) F'~L'?' /;# v! (sz(nature)JoSeph R. Kapp, Sr. 214 West Simpson Street (Street Address) Mechanicsburq. FA 17055 (City, State, Zip) Mechanicsburg, FA 17055 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this 8gtvt day Of~,&fiJ1 Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be ta1cen by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 -