HomeMy WebLinkAbout02-01-08
'1 v C1&- 'li V)
I. DJ LJ,y..." Y-:.1-
DECEDENT'S ESTATE
r'~'
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
CARL A. WISER, JR.
, DECEASED
No. 21-07-0193
PETITION FOR ADJUDICATION I
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If
space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers
required under items 8-19 inclusive; and any instrument pertinent to the adjudication.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Richard L. Webber, Jr., Esq.
Supreme Court J.D. No.: 49634
Name of Law Firm: WEIGLE & ASSOCIATES, P.C.
Address: 126 East King Street, Shippensburg, P A 17257
Telephone: (717) 532-7388
Fax: (717) 532-5289
Form OC-OJ rev. 10.13.06
Page 1 of 10
Estate of
CARL A. WISER, JR.
, Deceased
1. Name(s) and addressees) ofPetitioner(s):
Name:
Susan L. Leech
Address:
303 Hammond Road
Shippensburg, P A 17257
IdentifY any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
None
[s this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . IZl Yes 0 No
If not, identifY prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on 02/23/2007
IZl Letters Testamentary or o Letters of Administration were granted to Petitioner(s) on
March 1. 2007
Date of Will (if applicable): August 27,2001
Date( s) of Codicil( s) (if applicable): None
Date of probate (if different from date Letters granted):
Was a bond required? oY es IZl No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ......... IZl Yes 0 No
Dates of advertising of the grant of Letters: March 16,23,30,2007- Cumberland
Law Journal, March 9, 16, 23, 2007 - News Chronicle
Form OC-O! rev. 10./3.06
Page 2 of 10
Estate of
CARL A. WISER, JR.
, Deceased
3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes IZI No
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? ............. DYes D No
(See Section 2201 et seq. of the Probate, Estates and Fiduciaries Code)
If yes, date of election:
5. In the case of an intestacy, state the names of the decedent's surviving children or
surviving issue of deceased children (if none, so state):
6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. DYes IZI No
Were any children born to decedent after execution of
Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes IZI No
If yes, give names and dates of birth:
Name:
Date of Birth:
7. If required by the Medical Assistance Estate Recovery Act,
62 P.S. S 1412, was a request for a statement of claim sent to
the Department of Public Welfare? ..... . . . . . . . . . . . . . . . . . . . . . . . .. [Z]Yes D No
Form OC-OI rev. 10.13.06
Page 3 of 10
Estate of
CARL A. WISER, JR.
, Deceased
8. Written notice of the Audit as required by Pa. a.c. Rules 6.3,6.7 and 6.8 has been or will be
given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants
listed in item 10 below. In addition, notice of any questions requiring Adjudication as
discussed in item 14 below has been or will be given to all persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the names
and addresses of the parties receiving such Notice.
B. If Notice is yet to be given, a copy ofthe Notice as well as a list of the names and
addresses of the parties receiving such Notice shall be submitted at the Audit
together with a statement executed by a Petitioner or counsel certifying that such
notice has been given.
C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated
persons), Notice of the Audit has been or will be given to the appropriate
representative on such party's behalf as required by Pa. a.c. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been or will also be
given to the Attorney General as required under Pa. a.c. Rule 5.5. In addition, the
Attorney General's clearance certificate (or proof of service of Notice and a copy
of such Notice) must be submitted herewith or at the Audit.
9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or
knowledge, having or claiming any interest in the estate as beneficiaries under the Will or
Codicil(s) or as intestate heirs ifthere is a complete or partial intestacy:
A. State each party's relationship to the decedent and the nature of each party's
interest( s):
Name and Address of Each Partv in Interest
Relationship and Comments, if any Interest
Stephen Lee Wiser
516 Middle Road
Newville, P A 17241
Son $10,000.00
Douglas Ethan Wiser
1838 Ritner Highway
Shippensburg, P A 17257
Son $10,000.00
Form DC-OI rev. 10.13.06
Page 4 of 10
Estate of
CARL A. WISER, JR.
, Deceased
Name and Address of Each Party in Interest
RelationshiD and Comments, if any Interest
Conrad Allen Wiser
2606 Lynnwood Drive
Bellevue, NE 68123
Son $10,000.00
Calvin Eugene Wiser
402 S. Penn Street
Chambersburg, PAl 720 1
(See attached for additional)
Son $10,000.00
B. Identify each party who is not sui juris (e.g., minors or incapacitated persons).
For each such party, give date of birth, the name of each Guardian and how each
Guardian was appointed. If no Guardian has been appointed, identify the next of
kin of such party, giving the name, address and relationship of each.
c. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for
this Audit (~ee Pa. o.c. Rule 12.4).
D. If distribution is to be made to the personal representative of a deceased party,
state date of death, date and place of grant of Letters and type of Letters granted.
Form OC-OJ rev. 10.13.06
Page 5 of 10
Estate of
CARL A. WISER, JR.
, Deceased
10. Other than the claim for the family exemption, list the names of all known claimants and
the amount of their claims and state whether each claim is admitted.
Name and Address of Each Claimant Amount of Claim Claim Will Claim
Admitted? Be Paid In
Full?
DYes DYes
DNo DNo
DYes DYes
DNo DNo
DYes DYes
DNo DNo
DYes DYes
DNo DNo
If the estate is insolvent, attach a schedule setting forth the order of preference under
20 Pa.C.S. ~ 3392 and the proposed payments.
11.
Was family exemption claimed?
DYes
0No
Was family exemption allowed?
DYes
DNo
Family exemption claimant's name and relationship:
Name:
Relationship:
Form OC-OI rev. 10.13.06
Page 6 of 10
Estate of
CARL A. WISER, JR.
, Deceased
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate
Tax paid, the date(s) ofpayment(s), and the interest(s) upon which paid, are as follows:
Date
Payment
Interest
5/20/07
2,100.00
9/13/07
34.36
13. On the date of death, was the decedent a fiduciary
(personal representative, trustee, guardian, agent under power
of attorney) or surety on the bond ofa fiduciary? . . . . . . . . . . . . . . . . . . . DYes III No
If yes, provide the name of the estate, indicate whether an account has been filed and
confirmed absolutely and all awards performed, or, in the alternative, how the
decedent's estate will be discharged for the decedent's fiduciary administration of the
estate.
14. A. Describe in detail any questions requiring adjudication and state the position of the
Petitioner(s) as to each question:
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above? .................. DYes D No
15. If Petitioner( s) has/have knowledge that a share has been assigned, renounced, disclaimed
or attached, provide a copy of the assignment, renunciation, disclaimer or attachment,
together with any relevant supporting documentation.
Form OC-OJ rev. JO.13.06
Page 7 of 10
Estate of
CARL A. WISER, JR.
, Deceased
16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes IZ] No
If yes, attach a copy of the Order if available; otherwise state the Court, term, number,
date, and name of Hearing Judge.
17. A. List or attach a separate list of additional receipts and disbursements since the closing
date of the Account.
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above? ............. DYes D No
18. If a reserve is requested, state amount and purpose.
Amount:
Purpose: Susan L. Leech, Executor - $3,133.69
Weigle & Associates, P.C. - $1,789.13 (for attorney fees and filing fee)
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
. . . t t?
partIes III III eres. ........................................
IZ]Yes
DNo
If so, attach a copy of the notice.
19.
Is the Court being asked to direct
the filing of a Schedule of Distribution?
IZ]Yes
DNo
As to real estate only? ........................................ DYes III No
Form 0C-01 rev. 10.13.06
Page 8 of 10
Estate of
CARL A. WISER, JR.
, Deceased
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled
and suggest(s) that the distributive shares of income and principal (residuary shares being stated
in proportions, not amounts) are as follows:
A. Income:
Proposed Distributee(s)
Amount/Proportion
Susan L. Leech, Trustee
$3,605.32
B. Principal:
Proposed Distributee(s)
Amount/Proportion
Stephen Lee Wiser
$5,000.00
Douglas Ethan Wiser
$5,000.00
Conrad Allen Wiser
$5,000.00 (See attached)
Submitted By:
(All petitioners must sign.
Add additional lines ifnecessary):
~0.~C~~
Name of Petitioner: Susan L. Leech
Name of Petitioner:
Form OC-O 1 rev. 10.13. 06
Page 9 of 10
Estate of
CARL A. WISER, JR.
, Deceased
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that he/she j L
;--
of the above-named name of corporation r~-~i-~t-(, and] that the facts set
forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are
IS title
----. ~ I
,':::" '/ (( ,--,' 1 .- I X--
within the personal knowledge of the Petitioner are true, and as to facts based on the information
of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false
statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 (relating to unsworn
falsification to authorities).
~"'" ~)C~
Signature of Petitioner
* Corporate petitioners must complete bracketed information.
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for Adjudication!
Statement of Proposed Distribution is a true and accurate reproduction of the form Petition
authorized by the Supreme Court, and that no changes to the form have been made beyond the
responses herein.
/U~L( ~
-/
Signature of Counsel for Petitioner
Form OC-OJ rev. 10.13.06
Page 10 of 10
Additional Interests: Page 4
Name and Address of Each Part in Interest
Daniel Curtis Wiser
110 Green Spring Road
Newville, P A 17241
Susan L. Leech, Trustee
303 Hammond Road
Shippensburg, P A 17257
Relationshiv Interest
Son $10,000.00
Trustee $ 60,091.94
Additional Proposed Distributee(s), Page 9:
B. Principal:
Proposed Distrubtee(s)
Calvin Eugene Wiser
Daniel Curtis Wiser
Susan L. Leech, Trustee
Amount/Proportion
$ 5,000.00
$ 5,000.00
$56,486.62
IN THE COURT OF COMMON PLEAS.
OF CUMBERLAND COUNTY. PENNSYL VANIA
ORPHAN'S COURT DIVISION
FILE NO. 2007-00193
PA FILE NO. 21-07-0193
FIRST AND FINAL ACCOUNT OF
SUSAN L. LEECH, EXECUTRIX
OF
EST A TE OF CARL A. WISER, JR., a.k.a. CARL A. WISER, DECEASED
Date of Death: February 23,2007
Date of Executor's Appointment: March 1, 2007
Date of Advertisements: Cumberland Law Journal: March 16,23, and 30, 2007
The News Chronicle: March 9,16. and 23,2007
Accounting for the Period: February 23,2007 to January 31,2008
Purpose of Account: Susan L. Leech, Co-Executor, offers this account to acquaint
interested parties with the transactions that have occurred during her administration.
The account also indicates the proposed distribution of the estate.
It is important that the account be carefully examined. Requests for additional information
or questions or objections can be discussed with:
Richard L. Webber, Jr., Esquire
Weigle & Associates, P.C.
126 East King Street
Shippensburg, P A 17257
717-532-7388
WEIGLE & ASSOCIATES, PC - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Summary of Account
Page
Current
Value
Proposed Distribution to Beneficiaries 8
Principal
Receipts
Less Disbursements:
Debts of Decedent
Funeral Expenses
Family Exemption
Administration Expenses
Federal and State Taxes
Fees and Commission
Balance before Distributions
Distributions to Beneficiaries
Principal Balance on Hand
Income
Receipts
Less Disbursements
Balance before Distributions
Distributions to Beneficiaries
Income Balance on Hand
4
4
4
4
5
5
$ 4,503.44
1,888.32
0.00
767.00
2,139.46
+ 12,267.38
5
6
7
7
Combined Principal and Interest Balance on Hand
2
Fiduciary
Acquisition
Value
$ 90.091.94
$ 128,052.22
- 21.565.60
$ 106,486.62
- 20.000.00
$ 86,486.62
$ 3,605.32
0.00
$ 3,605.32
0.00
$
3,605.32
$
90.091.94
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397
Realty:
Page
Current
Value
Fiduciary
Acquisition
Value
RECEIPTS OF PRINCIPAL
Cash and Cash Equivalents:
02-23-07
02-23-07
02-23-07
02/23/07
F &M Trust Company - Checking account
Account # 33-64380
Accrued interest to date of death
$ 9,989.87
.57
F &M Trust Company - Money Market
Account # 70-91915
Accrued interest to date of death
116,410.80
91.63
M&T Bank - Checking account
Account # 9838027325
Accrued interest to date of death
688.04
.05
Orrstown Bank - Savings account
Account # 33874
Accrued interest to date of death
810.72
.54
Tangible Personal Property
NONE
Receipts subsequent to date of death:
(Valued when received)
09-10-07
Car Insurance refund
$ 60.00
TOTAL PRINCIPAL RECEIPTS
$128,052.22
3
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Current
Value
DISBURSEMENT OF PRINCIPAL
Debts of Decedent
02-26-07
02-26-07
03 -11-07
03-28-07
04-06-07
04-11-07
06-19-07
05-10-07
05-10-07
05-10-07
05-10-07
01-22-08
Penn Credit Corp.
Helping Hands Med. Service
Millennium Pharmacy Systems, Inc.
Embarq
a.H. Harris
Baxter Drew Wellmon, M.D.
Baxter Drew Wellmon, M.D.
Embarq
Helping Hands Med Service
Shippensburg Health Care Center
Physicians Services
Miscellaneous debit
$ 23.00
233.00
34.52
18.81
29.00
158.60
82.23
21.65
800.00
3,095.00
4.56
+ 3.07
03 -11-07
Funeral Expenses
Total Debts of Decedent
05-09-07
Hollinger Funeral Home
and Crematory, Inc.
Photo Expressions by Terry Blain
$1,467.50
+ 420.82
Total Funeral Expenses
Family Exemption
NONE
Administration Expenses
03-11-07
03-11-07
08-24-07
05-28-07
09-13-07
01-22-08
Cumberland County Register of Wills -
Probate fee
Cumberland Law Journal-legal ad
Magisterial District 09-3-01
News Chronicle Co.-legal ad
Register of Wills -
filing fee for inheritance tax return
Reserve for filing fee for Accounting
$ 306.00
75.00
77.50
93.50
15.00
+ 200.00
Total Administration Expenses
4
Fiduciary
Acquisition
Value
$ 4,503.44
$ 1,888.32
$ 767.00
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Current
Value
Federal and State Taxes
05-20-07
Pennsylvania Department of Revenue $ 2,100.00
Inheritance Tax deposit
Pennsylvania Department of Revenue-
balance ofInheritance tax + 39.46
09-13-07
Total Taxes
Fees and Commission
Attorney Fees
Richard L. Webber, Jr., Esquire
Law Office of Weigle & Associates, P.C.
Paid as follows:
03 -11-07
05-28-07
09-13-07
To be paid
$ 1000.00
1500.00
2044.56
+ 1589.13
Total
Executor's Commission:
$ 6,133.69
09-11-07
To be paid
Susan L. Leech
Susan L. Leech
$ 3,000.00
+ 3,133.69
Total Executor's Commission
+$ 6,133.69
Fiduciary
Acquisition
Value
$ 2,139.46
Total Fees and Commissions $ 12,267.38
TOTAL DISBURSEMENTS OF PRINCIPAL
Previous Distributions to Beneficiaries
05-24-07
05-28-07
05-29-07
05-29-07
Carl E. Wiser
Stephen L. Wiser
D. Curtis Wiser
Douglas E. Wiser
$ 5000.00
5000.00
5000.00
+ 5000.00
Total previous distributions
5
$ 20,000.00
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
RECEIPTS OF INCOME
Interest on F&M Trust estate checking account #10-76868
3/31/07 $ 1.01
4/30/07 .81
5/31/07 2.25
6/30/07 1.52
7/31/07 .46
8/31/07 .45
9/30/07 .67
10/31/07 .42
11/30/07 .41
12/31/07 + .42
Total $ 8.42
Interest on F&M Monev Management Account #70-91915
3/16/07
4/16/07
5/16/07
6/15/07
7/16/07
8/16/07
9/14/07
10/15/07
11/15/07
12/14/07
01/16/08
$ 320.37
438.79
445.52
397.94
340.72
376.19
304.2 8
266.65
287.24
198.76
+ 219.87
Total:
Interest on decedents personal Checking Account #33-64380
$ 3,596.33
03/18/07
0.57
Total:
$
0.57
TOT AL RECEIPTS OF INCOME
$ 3,605.32
6
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Disbursement of Income
NONE
Current
Value
Distributions of Income to Beneficiaries
NONE
Income Balance on Hand
NET INCOME BALANCE
7
Fiduciary
Acquisition
Value
$ 3.605.32
WEIGLE 6< ASSOCIATES. Pc. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
Proposed Distribution to Beneficiaries
TO:
Calvin E.Wiser-Remaining balance $ 5,000.00
pursuant to Paragraph 3D of Will
Stephen L. Wiser- Remaining balance $ 5,000.00
pursuant to Paragraph 3A of Will
D. Curtis Wiser- Remaining balance $ 5,000.00
pursuant to Paragraph 3E of Will
Douglas E. Wiser - Remaining balance $ 5,000.00
pursuant to Paragraph 3B of Will
Conrad A. Wiser - Remaining balance $10,000.00
pursuant to Paragraph 3C of Will
Susan L. Leech, Trustee - To be held +$60,091.94
IN TRUST pursuant to
Paragraph 40fWill
TOTAL PROPOSED DISTRIBUTION
$ 90,091.94
8
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1725-.'-1397
SUSAN L. LEECH, Co-Executor, of the ESTATE OF CARL A. WISER, JR., hereby
declares under oath (penalties of perjury) that she has fully and faithfully discharged the
duties of her office; that the foregoing First and Final Account is true and correct and fully
discloses all significant transactions occurring during the accounting period; that all known
claims against the estate have been paid in full; that, to her knowledge, there are no claims
now outstanding against the estate; and that all taxes presently due from the estate have
been paid.
\ \ 'j \/
. I ' ')' "', ~ ,.
\. ~.. \,j \_,>, 'v '\. .-,'r . ',.\:.--
SUSAN L. LEECH
Co- Executor
\
\ \,
,,]
Subscribed and sworn to by
SUSAN L. LEECH, ,
before me this '? / ( day of
2008,
I .
\._~/
Notary Public
/
,/'
---~.'"
9
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
-----------~,-...,,~- -._--~----.._. .._-.......................-,..,..~-.~.._--~- ~~~-.--.,...-...-.=..-...~~~ .~....-
LAST WILL AND. TEST AME-NT-----------~---
~~\
C) -, D \ C(2..
~
OF
CARL A. WISER, JR.,
A/KIA
CARL A. WISER
I, CARL A. WISER, JR., a/kla CARL A. WISER, on03 Hammond Road, Shi~nsburg,
Cumberland County, Pennsy lvania, being of sound and disposing mind, memory and understanding,
- do make, publish and declare this to be my Last Will and Testament, hereby revoking and making
void all previous Wills and Codicils heretofore made by me.
1
I hereby direct that I be cremated at my death. My ashes shall be given to SUSAN L.
LEECH.
2
I order !illd direct my personal representative hereinafter named to pay all of my just debts,
funeral and cremation expenses and expenses' involved or connected with the administration of my
estate as soon after my death as is reasonably possible. However, my personal representative need
not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be
proper and more advantageous to retain or renew and pay as they become due and payable.
3
I direct that the rest, residue and remainder of my estate, together with all insurance proceeds
thereon of whatever nature and wheresoever situate be liquidated and my personalty sold at public
sale and the proceeds distributed as follows:
,~
A. The sum of Ten Thousand ($10,000.00) Dollars to my son, STEPHEN LEE
WISER;
1
EXHIBIT
I
D
:I
LAST WILL AND TESTANfENT OF CARL A. WISER, JR., aJkJa CARL A. WISER
B. The sumofTen Thousand ($10,000.00) Dollars to my SOil, DOUGLAS ETILL\N
'WISER;
C. The sum of Ten Thousand ($10,000.00) Dollars to my son, CONRAD ALLEN
WISER;
D. The sum of Ten Thousand ($10,000.00) Dollars to my son, CALVIN EUGENE
WISER;
E. The sum of Ten Thousand ($10,000.00) Dollars to my SOIl, DANIEL CURTIS
WISER;
F. The remainder of my estate shall be placed IN TRUST for scholarships, pursuant to
the provisions set forth in Paragraph 4 below; and
G. The distribution in subparagraphs A thru F above shall be OIl a per capita distribution
basis.
4
The share of my estate that is distributed pursuant to Paragraph 3(F) above shall be placed
IN TRUST with SUSANL. LEECH as TRUSTEE, upon the following terms and conditions:
A. The annual interest only from the Trust shall be used for scholarships of One Thousand
o
($1,000.00) Dollars per person per school year for graduates of Shippensburg Area High School, to
be used for post-secondary education tuition while said graduate is enrolled in full-time studies.
B. An applicant shall be eligible for a maximum of two scholarships.
C. The scholarships shall be awarded in the spring and paid directly to the post-secondary
school by the TRUSTEE.
D. Scholarships of Two Hundred Fifty ($250.00) Dollars or Five Hundred ($500.00) Dollars
may be given by my TRUSTEE if there is remaining interest from the TRUST not already
distributed.
2
-..,-"m'._'_~~-'~---
LAST WlLL AND TESTANfENT OF CARL A. WISER, JR., alkla CARL A. WISER
E. A scholarship applicant must maintain a grade point average of 2.5 in the first year of
college to be eligible for a scholarship renewal.
F. If SUSAN L. LEECH is unable to serve as Trustee, I appoint FARMERS AND
MERCHANTS TRUST COMPANY as substitute Trustee.
G. My TRUSTEE shall have the absolute discretion in administering the TRUST.
5
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
c (a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
( e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
3
LAST WILL AND TESTAMENT OF CARL A. WISER, JR., a/kJa CARL A. WISER
6
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
4
--
---_._._-~-~~.,.---....---"".~. ~
. ~~>-o>~., !'U>;,
LAST WILL AND TESTAMENT OF CARL A. WISER, JR., a/kJa CARL A WISER
7
I nominate, constitute and appoint SUSAN L. LEECH, as Executrix of this my Last Will
and Testament. In the event she is deceased, unable or unwilling to serve or shall cease to serve for
any reason whatsoever, then I nominate, constitute and appoint FARMERS AND MERCHANTS
TRUST COMPANY as personal representative oftrus my Last Will and Testament. I direct that
my personal representative shall not be required to give or post bond for the faithful performance of
his, her or its duties in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this .;? 'TC7day of /1vL~ r ,2001
WITNESS:
v---...'J ~ ..../;./4
'Ira}'! 1r, aki~
~~f)a.
Carl A. Wiser, Jr. .
a1k1~~(1.tI~
5
,,~~,~
1J!IJ.IK--
LAST WILL AND TESTAMENT OF CARL A. WISER, JR., alkJa CARL A. WISER
ACKNOWLEDGMENT
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, CARL A. WISER, JR., alkJa CARL A. WISER, 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 Testament; that I signed
it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed.
~-W~.
Car A. lser, Jr. .
~t#.~
a/kla rl A. Wiser
Sworn or affirmed and acknowledged before me by CARL A. WISER, JR., alkJa CARL A.
WISER, the Testator, this 8.76 day of Jh.,<-<AA4r ,200l.
o
~~C,0~
u
Notarial Seal
Terry E. Walker, Notary Public
South Middleton Twp., Cumberland County
My Commission Expires Mar. 31, 2003
Member, PennsvlVaniaJ\ssociation of Notaries
I
"
ii
\
r'
6
""~--~-~~c-~,7':"~-:-'-~'--'--~-:-~-~'---:7'7'~?~~~-~~~'-""----'~'-",'.......,..,.~-_~..,.,~,'~--c--:-",-':"'-:-- ",' ','---':~-~-:~:~':_-:,_-.. '.' .".,:,;:,:,";;;'!-:'~,~.i'~~-~-:':;':,:,'
- ---.-~'--~~-~~
..~,.........,---_.----'-----'-----
re.. . .; - LAST WILL AND TESTAMENT OF CARL A. WISER, JR., aIkIa CARL A. WISER
AFFIDA VIT
COJ'vIMONWEAL TH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
WE, {l--i ~ L, c ~ .J L, (",_A- U(: f.>) r, and
Intu'v-; jr7. P (fez
I
, the
witnesses whose names are attached to the foregoing document, being duly qualified according to
law, do depose and say that we were present m:d saw CARL A. WISER, JR., alkla CARL A. WISER
sign and execute the instrument as his Will and Testament; that he signed willingly and that he
executed it as his free and voluntary act for the purposes therein expressed; that each subscribing
witness in the hearing and sight of the CARL A. WISER, JR., alkla CARL A. WISER signed the
Last Will and Testament as witnesses and that to the best of our knowledge the CARL A. WISER,
JR., aIkIa CARL A. WISER was at the time 18 br more years of age, of sound mind and under no
constraint or undue influence.
~/t v-./dL~
'1ft it ,GJ~
Sworn or affirmed and subscribed before me?y J< /~CUld .L. u.J.e.J::;6-uc. ~. and
})1?u'L1 In . j},'CL this ~7f!:: day of 4('~ r ,200l.
()
(~,C,
~~~
Notarial Seal
Terry E. Walker. Notary Public
South Middleton Twp.. Cumberland County
My Commission Expires Mar. 31, 2003
Member. PennsvlVW1!2 ASSOCiation ot Notaries
F:\User Folder\Firm Docs\Wills\1679-2caw.will,wpd
7
-~---:"~.----_..-:---..,-,~',~~~~-~~-~-:-...,....,-,-------,-",'
PROOF OF PUBLICATION OF NoTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEAL TH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
March 16, March 23 and March 30, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWO AND SUBSCR ED before me this
30 day of March, 2007
Wiser. Carl A.. Jr. a{k{a Carl A.
Wiser, dec'd.
Late of South Newton Township.
ExecutIix: Susan L. Leech. 303
Hammond Road. Shippensburg.
PA 17257.
Attorneys: Richard L. Webber.
Jr.. Esquire. Weigle & Associates.
P.C.. 126 East King Street. Ship-
pensburg. PA 17257.
r
EXHIBIT
j
D
D
:9
)
Proof of Publication of Notice in
The News-Chronicle
COUNTY OF CUMBERLAND
WEIGLE & ASSOCIATES/EXECUTOR NOTICE
COMMONWEALTH OF PENNSYLVANIA
Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager
of "The News-Chronicle," which is a bi-weekly newspaper of general circulation published in
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing
Company, a corporation duly organized and existing under the laws of the Commonwealth
of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf;
that the printed notice, advertisement of publication attached hereto is the same as was printed in
the regular editions and issues of "The News-Chronicle" on the following date(s)
March 9.16 & 23, 2007
Affiant further deposes that neither she nor "The
News-Chronicle" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and corr t. ~
-', .....
0.L. .... ..m ......... .rULL1
Sworn an UbSCrilrf b<;tore me this
;:)~ Day of ~j) ,2007
COMMONWEALTH OF PENNSYLVANIA
NCiarial Seal
Kristen L. Statier, Notary Public
Bedford Boro, Bedford County
My Commission Expires Feb. 13,2010
Member, Pennsylvania i\ssociation of Notaries
ri\'wAfu\ it: Jtcdltc
Notary Public
To: "The News-Chronicle"
Shippensburg, PA 17257
For publishing the notice attached hereto:
On the stated date(s) ................ $
Affidavit............................. .$
Total... . . . .,. ... . . .. . . . . . . . . . . . .. . ... ,
91.50
2.00
93.5
Copy of Notice of Publication
eased.. Letters
J!.cartA. Wis:
. : CbUnlY; Penn.'
. .'.' ed.NI' persons ,;
, t~. s~idestate ar~.req~e,st,ed...
9 claimS' shall present them. ,'.,
'.1,~h'\>-->;..- -;;5:i:~ "-r-, d. < t
. ,,:......fL
Susart l~' Leech
., ,..303 Hammond Roa~
,'.. . Shippfmsburg, PA17257
'. Executrix
Richard ,L. Webber, Jr., Esquire
WEIGLE & ASSOCIATES, P.C.
12tl East King Street
Shippensburg, PA 17257
Attorney for Executrix
ADV NC MARCH 9, 16, & 23, 2007
.i!
D
D
:9
EXHIBIT
'5
IN RE: ESTATE OF CARL A. WISER, JR.,
a.k.a. CARL A. WISER
SOUTH NEWTON TOWNSHIP
CUMBERLAND COUNTY
PENNSYLV ANlA, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NUMBER 2007-00193
: PA. NO. 21-07-0193
NOTICE
This is to advise you that Susan L. Leech, Executor under the Will of Carl A. Wiser, Jr.,
a.k.a. Carl A. Wiser, deceased, have filed the First and Final Account of the administration of the
said decedent's estate in the Office of the Register of Wills of Cumberland County,
Pennsylvania. The said Account and Proposed Schedule of Distribution will be presented to the
Court of Common Pleas of Cumberland County, Pennsylvania, Orphan's Court Division, of
Carlisle, Pennsylvania, in the assigned Courtroom of the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania, on Tuesday, March 4, 2008 at 9:30 A.M., for
confirmation.
Copies of the said Account and Proposed Schedule of Distribution are enclosed herewith.
This Notice is sent to you as an interested party, in accordance with the Rules of Court.
Any exceptiJons or objections to the said Account or Proposed Schedule of Distribution may be
filed prior to, or at that time and date, by any Party of Interest.
You are not required to appear at the audit. However, if you do not appear in person or
by counsel, the Court will assume that you agree with the accounting and the distribution
proposed by the accountants.
Very truly yours,
WEIGLE & ASSOCIATES, P.C.
By:
I I
,- ,// /1. c.~ ~/
Richard L. Webber, Jr., Esquire
Attorney for Executor
126 East King Street
Shippensburg, P A 17257
(717) 532-7388
January 31, 2008
EXHIBIT
I '-t
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
'"", '\ ~,.
NOTICE OF CHARITABLE GIFT
(In Accordance with Pa. a.c. Rule 5.5)
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
,
ORPHANS' COURT DIVISION
ESTATE OF
CARL A. WISER, JR., a.k.a CARL A. WISER
No. 21-07-0193
,[] SETTLOR 0 DECEASED
Chief, Charitable Trusts and Organizations Section
Office of the Attorney General
Date: January 31,2008
Dear Sir or Madam:
Notice is given of a charitable gift as follows:
1. The nature of the present proceeding is:
(a) An Account which has been or will be listed for Audit in the Orphans' Court on
March 4 20 08 Cumberland County Courthouse, Carlisle, P A
, , In
(State name of Courthouse and town/city.)
The time and place of the Audit is Court Room at 9:30 o'clock I-fnot
provided herein, the time and location will be provided upon request when that infoll11ation
becomes available.
(b) If the proceedings are other than an Account, state the nature of the proceedings and tbe
place, date and time fixed for hearing:
* If more space i$ required, attach additional sheets.
Form OC-06 rev. 10.13.06
~
D
D
:I
EXHIBIT
s"-
Pagt/ 1 of 4
Estate of
CARL A. WISER, JR., a.k.a CARL A. WISER
DSettlor [ZJ Deceased
2. Charitable gifts are made as follows:
(a) Give full names and addresses of charities, and names and addresses of counsel, if any.
Susan L. Leech, Trustee for
The Carl A. Wiser, Jr. Trust
303 Hammond Road, Shippensburg, PA 17257
Counsel- Richard L. Webber, Jr., Esq.
126 East King Street, Shippensburg, P A 17257
(b) If pecuniary legacies, state exact amounts and indicate whether legacies will be or have
been paid in full; if not give reasons therefor.
N/A
( c) If the charitable interest is a future interest and the estimated present value of the property
involved exceeds $25,000, a brief description thereof including the conditions precedent to
its vesting in enjoyment and possession, the names and ages of persons known to have
interests preceding such charitable interest, and the approximate market value of the
property involved.
N/A
(d) If residuary gift, state nature and value of share.
The value of the charitable interest is $60,091.94 and represents the residue of the estate
as provided for in Paragraph 3(F) of the Last Will and Testament of ear! A. Wiser, Jr.,
a.k.a. Carl A. Wiser
Form OC-06 rev. 10.13.06
Page 2 of 4
Estate of
CARL A. WISER, JR., a.k.a CARL A. WISER
D Settlor IZ] Deceased
3. Provide a brief statement of all pertinent questions to be submitted to the Court for
Adjudication, including unresolved claims and any material questions of interpretation or
distribution which may affect the value of the charitable interest.
None
4. The names and addresses of the fiduciaries are (state whether Executors and/or Trustees):
Susan L. Leech, Executor
303 Hammond Road, Shippensburg, P A 17257
Susan L. Leech, Trustee
303 Hammond Road, Shippensburg, PA 17257
5. The names and addresses of counsel for the fiduciaries:
Richard L. Webber, Jr., Esq.
Weigle & Associates, P.c.
126 East King Street
Shippensburg, P A 17257
6. The names and addresses of counsel for any charity who has received notice or has appeared for
it:
N/A
Form OC-06 rev. 10.13.06
Page 3 of 4
Estate of
CARL A. WISER, JR., a.k.a CARL A. WISER
D Settlor IZl Deceased
7. (a) A copy of the instrument creating the gift is attached hereto.
(b) If the gift is other than a pecuniary legacy which will be paid in full, there is attached
hereto:
(I) A copy of the Account, if one has been filed
(2) A copy of any other relevant documents
Very truly yours,
./~. ./~( . ----- -----------/
Signature
Richard L. Webber, Jr., Esq.
Attorney's Name and Supreme Court J.D. No.
WEIGLE & ASSOCIATES, P.C.
Attorney's Address
126 East King Street, Shippensburg, PA 17257
(717) 532-7388
Attorney's Telephone
FormOC-06 rev. 10.13.06
Page 4 of 4
IN RE: ESTATE OF CARL A. WISER, JR.,
a.k.a. CARL A. WISER
SOUTH NEWTON TOWNSHIP
CUMBERLAND COUNTY
PENNSYLVANIA, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NUMBER 2007-00193
: PA. NO. 21-07-0193
CERTIFICATE OF SERVICE
I do hereby certify that on January 31, 2008, I served the Notice, First and Final
Accounting, and Schedule of Proposed Distribution to each of the persons listed below by
mailing a copy of the same by U.S. First Class Mail:
Calvin Eugene Wiser
402 S. Penn Street
Shippensburg, P A 17257
Conrad Allen Wiser
2606 Lynnwood Drive
Bellevue, NE 68123
Daniel Curtis Wiser
1100 Green Spring Road
Newville, PAl 7241
Douglas Ethan Wiser
1838 Ritner Highway
Shippensburg, P A 17257
Stephen Lee Wiser
516 Middle Road
Newville, P A 17241
Susan L. Leech, Trustee
303 Hammond Road
Shippensburg, P A 17257
Date: January 31, 2008
WEIGLE & ASSOCIATES, P.c.
.'-~
(
/
..-'/(
By:
Richard L. Webber, Jr.
Attorney for Co-Executors
126 East King Street
Shippensburg, P A 17257
(717) 532-7388
-- -,. "
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397