HomeMy WebLinkAbout04-17-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Ethel D. Shulenberger File Number 21-08-
also known as Ethel Shulenberger
, Deceased
Social Security 183-07-8425
Petitioner(s) who is/are 18 years of age or older, apply(ies) for:
[X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the
last Will of the Decedent dated March 2, 2002 and codicil(s) dated
N/A
(state relevenat 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 instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
[ ] B. Grant of letters of Administration
(If applicable enter: c.t.a.; d.b.n.c.t.a.; endente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (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.)
Name
Relationship
Residence
COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at
22 Schoolhouse Road Newville, PA 17241
(List street address, town/city, township, county, state, zip code)
Decedent then
92 years of age died on
3/24/08 Carlisle Regional Medical Center
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.)
(If not domiciled in Pa.)
(If not domiciled in Pa.)
Value of real estate in Pennsylvania
situated as follows:
~ c)o
50~ ()OO.
,
T
William Shulenberger
P.O. Box 53 Newville, PA 17241
Nancy Piper
22 Schoolhouse Road, Newville P A
17241
Page 1 of 3
OATH OF PERSONAL REPRESENTATIVE
COMMONWEA TLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn
to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate according to law.
cf:8
For the Register
File Number:
2- \ - 08' - 04 31
Estate of Ethel D. Shulenberger
, Deceased
Social Security Number:
Date of Death
AND NOW ~~~ ~.1 , 2(Cf5..Jn consideration of the Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to William Shulenberger
in the above estate
and that the instrument(s) dated fY')J ~ ~ 12 DOL March 2, 2002
described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent)
FEES
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- Register of Wills .~J;.1[ (~,*\
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46397
Signature
Attorney Name Robert G. Frey
Letters
Short Certificates
Renunciation
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Page 2 of 3
f/](l"YO,':; REV inl
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
"L ( ~r .- 4 31
This is to certify that the information here given i~
correctly copied from an original Certificate of Deatl.
duly filed with me as Local Registrar. The originai
certificate will be forwarded to the State Vita]
Records Officc ror permanent filing.
Fec for this certificate. :4;6.00
p
14394694
Certification N umbcr
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TYPE I PRINT IN
PERMANENT
BLACK JIlK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
1...... of """"" (Fin<, _. ..... ",,"x)
2008
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4. Date 01 Death (Month, day, yearl
March 24, z008
Ethel D. Shulenberger
7.13iI1hpIace (City and ""or coo I ....1
Franklin County 00w.
PA 0_ IXlEAIOu\poOenI OOOA ONu.....Home OAesldence 0"'"'-._
"li~'!i(~'1~~lS"g"i'c5"'na"1~ Medical ';::;'~~k0rigin7 ~Na DYes
Center Me_. Pueno Rican. e..)
13. Decedenfs Education (SpecIfy only hilj1estgrade completed) 14. Mari\al9atus: Married, Never Manied, 15. SUrvMng Spouse (If wile, give maiden name)
Element&y/Try{Q-f2) College (1.....5+) :ido';';d{Spec/fy\
5.I>IJB(Las'~_YI
92
6. O<te '" _ {M<>n\I\. day, ~
12/14/1915
y~.
6b. County 01 00a1h
Cumberland
11. Oectldent'sUsuaI
12. Was Decedettl ever in the
U.S. A.rmed Forces?
DYes i]JNo
moetol IIIe.Doholslaleretired
Kird"'_I_lIy
school
.. 16. Dec:ad9nfsMaitillgAddress(Slreet,city/\awrl, SUIte, zip code)
210 Big Spring Road
. Newville PA 17241
0Id_
lJvelna
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Decedents
AcluaIResidence 17a.SIate
17b. County
PA
Cumberland
17c. ac Yes, De'_"lNed in W p '" ~
17..0 No,_LNedwfthln
Adual UmIt$ 01
18. FaIher's Narne (FlfSt,middIe,last,suffix)
19. MoIher's Name (Fir8f, middle, maIdlln. SUltIMW)
Dora Hoch
:1Ilb.Infomlarll'sMeling"",,"",I_ cIlyl-, _, zip-I
22 School House Rd Newville
PA 17241
~'lr~' ~' "Pit' "'17241
Elmer Wingert
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III
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PEm<<:Enterothel'similicanllXllllllkflsmntrlbutinotodelth.
butnot~lnh\Jl'ldertflllgcause~inPartI.
26. Was Case Referred 10 Medical ExamIner f Coronef for a Reason 0\tIer 1han Cremallon or Donation?
DYes ~
28. DId Tobacco Use CorltrIbute to 0$a1h1
DYes PrnbebIy
o Unknown
321.flTf8nspor1atioolnjury(Spedfy)
DDriverlOperatorD
M. oow.~,
33a. ColtiflM (cI1ed< only onel .... S9>a""" and r..
. ~~'::'=:"':..."':::"'':'::::~_~~::'~~~2__ ________ ______ _ 0 ..
. ............and<M1ltylnfjphyolcllnl__"""""'*'9...~""'c&<tifyi"".causeol.....1 J2f :l3c.lIconoe' 33d.De"S_(M""~.<le,.,",,"
ro......tolmv-..__..""__..._,and........_.)""'-..........----------------- C'r.1 0 +- ( 5-3 ( ? 6' (c. V'
. IIedIcaIExIrnIner/Coroner '\,." t .- .. 0
On the baSI. or examlnatfon and I or il1Ylt8tlgation, in my opinion, death occurred at the time. date, nl place.. and dUe to the cause(s) and manner as slated.. 0 34. N8ffi8.{l1ld Acklress 01 ~ Wbo CompIeI8d Cause ol Oea\tl {Item 27) Type I Prin\
/JaIl" K. <'-v 'S~U;f e
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208. Infon'nanfs Name (Type / Print)
21c.Pleceolo;"pooltion(.....ofcemelery,"'""'0II0Iy"'-place)
Prospect Hill Cemetery
Inc 15 Big Spring Ave
23b. Ucense NI.Imber
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1 Appmdmate inteNaI:
I Onset to Death
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to l:&US6lstedoo....a.
Enter UNIlERtYIHG CAUSE
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b.
Due to (or as a consequence oij:
Due to (or as a consequence 00:
3Oa. Was anAulopEly
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d.
301>. __ Rndingo
AY8iIllbIePriotloCompletion
of Cause of Death?
32g.locatlorloflnjury(Street, cIty/town,state}
31.~olDealh
PN.,uno/ D-
O - 0 Pondng Invesligotioo
Os.iade o Could ""be 0.._
32d. Ttmeofk\PJf'l
DYes eJ'..,
OY" DNa
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is
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,1d..lll~l\ 101
"-""" Pe"'" No CJ \ C), 3, C);), 3
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10. Race: American indian, Black, White, etc.
"illie
Ppnn",hnro
T"".
City/BolO
Z1c. Dete s;gned (Monlh. <ley, y<aJ)
29. "Female:
0..."""""'....."",,,,,,
o P_at..."'.....
D NoI_,blJI..-_42days
"'dee~
o NoIprggnant,bUlpregnant43ds.ysto1year
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o Unknown ,_..thin... "'" "."
32c.==:.i~)Street,FacllXy,
LAST WILL AND TESTAMENT
I, ETHEL D. SHULENBERGER, of 22 Schoolhouse Road, Newville, Cumberland
County, Pennsylvania 17241, do hereby make, publish and declare this to be my last
will and testament, hereby revoking all wills heretofore made by me.
1. I direct my personal representative to pay all of my debts, funeral and
administrative expenses as soon as convenient after my decease. I direct that all
inheritance taxes imposed or payable by reason of my death and interest and penalties
thereon with respect to all property, whether or not such property passes under this Will,
shall be paid by my personal representative out of my estate.
2. I authorize and empower my personal representative to sell any realty
and/or personalty owned by me at my death and not specifically devised or bequeathed
herein, at public or private sale or sales and to give good and sufficient deeds and/or
bills of sale therefore, in fee simple, as I could do if living. My representative is
authorized and empowered to engage in any business in which I may be engaged at my
death, for such period of time after my death as seems expedient to said representative.
3. I give, devise and bequeath all of my estate of whatever nature and
wherever situate to my children, share and share alike, the child or children of any
deceased child taking the share their parent would have taken if living.
4. In the event that my grandson, Ricky Piper, becomes a beneficiary of my
estate under the provisions of paragraph three above, then the share of my estate given
to him shall be held in trust by the hereinafter mentioned trustee according to the
following terms and conditions:
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A. To hold the trust principal and any undistributed income thus
received for the benefit of Ricky Piper, who is designated as beneficiary of this
trust.
B. My trustee shall hold the trust principal for the benefit of Ricky Piper
in recognition that there may be a number of needs other than support and
maintenance which may be unavailable to him except through the provisions of
this trust.
C. This trust is intended to satisfy non-support needs as deemed
appropriate in the absolute discretion of the trustee. This trust is not intended to
displace any source of income otherwise available to Ricky Piper for his basic
support (such as food and shelter), including any governmental assistance
program to which he is or may be entitled. It is not intended to be a resource of
Ricky Piper and it is not available to him upon demand. This trust is intended to
be a discretionary spendthrift trust created for non-support purposes for Ricky
Piper.
D. No part of the principal of this trust shall be used to supplant or
replace any Public Assistance or Social Security benefits received by or through
any country, state, federal or other governmental agency for the benefit of Ricky
Piper.
E. During Ricky Piper's lifetime, to the extent that benefits are not
made available to him for other than basic living expenses, including food and
shelter, the trustee, in his absolute discretion, may distribute from income and
principal to or for the benefit of Ricky Piper for his needs other than basic
support. For the purposes of this provision, non-support purposes shall include,
but are not limited to dental care, unreimbursable medical expenses, including
plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative
training and experimental medical services. The differential in cost between
shelter for a shared and private group home or rooms, supplemental nursing
care, recreation, cultural experiences, vacations, outings, travel, including
payment to others to accompany Ricky Piper on outings, vacation and travel,
telephone and television (including cable television), reading and education
materials, exercise equipment and unreimbursed therapy. The trustee's
discretion in making distributions authorized hereunder is absolute without regard
to distributions from the trust estate and shall be binding on all interested
persons.
F. This trust is specifically not intended to provide basic support and
maintenance needs for Ricky Piper. If he is unable to maintain and support
himself from his own resources and sources of income, independent of the
principal and income of this trust, the trustee shall seek such support for him from
public sources. The trust has specifically not been created to supplant or replace
Public Assistance or Social Security benefits. The trustee should, therefore,
seek entitlements which are available to members of the community who are
experiencing disabilities which are substantially similar to those which Ricky
Piper experiences. The trustee shall deny requests made by any agency or
governmental entity requesting disbursement of trust funds to satisfy Ricky
Piper's support needs.
G. The trustee shall take whatever iegal steps may be necessary to
initiate or continue any Public Assistance or Social Security program for which
Ricky Piper is or may become eligible. The trustee shall bring such action in any
court having jurisdiction over the matter, to secure a ruling or order that this trust
is not available to him for support purposes. Any expenses of the trustee,
including reasonable attorney fees, in connection with matters relating to
determination of eligibility of Ricky Piper for public assistance, shall be a proper
charge from this trust.
H. This trust shall continue during the natural life of Ricky Piper and
upon his death the then remaining principal and any accumulated and
undistributed income shall be paid and distributed to Michael Piper, or if he is
deceased then to his children, share and share alike.
5. I nominate and appoint my children, William Shulenberger and Nancy
Piper, to be the co-personal representatives of my estate, to serve without bond.
6. I appoint my grandson, Michael Piper, to be the trustee of any trust
created pursuant to paragraph four above.
7. I suggest that my personal representative retain the services of Harold S.
Irwin, III, Carlisle, Pennsylvania in the settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of
March, 2002. j,'~, J Sl .
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. . (SEAL)
EtHELD.SHULENBERGER
Signed, sealed, published and declared by the above-named person as and for a
last will and testament, in our presence, who at said person's request, in said person's
presence and in the presence of each other have hereunto set our names as
subscribing witnesses.
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ACKNOWLEDGMENT AND AFFIDAVIT
WE, ETHEL D. SHULENBERGER, RHONDA S. IRWIN and HEATHER A.
BARBOUR, the testatrix and witnesses respectively, whose names are signed to the
foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the testatrix signed and executed the instrument as her last will and that
she had signed willingly, and that she executed it as her free and voluntary act for the
purpose herein expressed, and that each of the witnesses, in the presence and hearing
of the testatrix, signed the will as a witness and that to the best of their knowledge the
testatrix was, at that time, eighteen years of age or older, of sound mind and under no
constraint or undue influence.
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~~D. SHULENBE ~(
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RH DA. IRWIN
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HEATHER A. BARBOUR
COMMONWEALTH OF PENNSYLVANIA
:55:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by ETHEL D.
SHULENBERGER, the testatrix herein, and subscribed and sworn to before me by
RHONDA S. IRWIN and HEATHER A. BARBOUR, witnesses, this 2nd day of March,
2002.
Notarial Seal
Harald S, Irwin III, Notary Public
Carlisle Borc, Cumberland County
My CommissiOn Expires Sept. 23. 2002
Member, Pennsylvania Association 01 Notaries