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HomeMy WebLinkAbout05-26-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of David A. Kulp ~/, /1 ~_ `//_ ~1 File Number _ (J -7 (P also known as Deceased Social Security Number 211-52-7266 Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ^~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the last Will of the Decedent dated November 19, 1999 and codicil(s) dated none Executrix named in 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 bom 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 (Ijapplica6le, enter: c.t.a.; d.b.n.c.t.q.; pendente life; durgnte absentia; durance minorilate) 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: (/f Administration, c.t.o. ar d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE WALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last 720 Creek Road. Cazlisle Cumberland Counri Pennsvlvania 17015 (List street address, town/city, township, county, state, zip code) Decedent, then 43 years of age, died on February 11, 2009 at 720 Creek Roa, mberland Counri, Pennsvlvania 17015 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 situated as .o z, ~' -- a Cl ate '.. -'>7 3 ~. ~. O ti 2.000. 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: Farm RW-01 rev. /0.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS The Petitioner(s) above-named sweaz(s) or affirm(s) that the statements in the foregoing Petition are true and correct [o 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. Sworn to or affirmed and subscribed before me the ~ ~~ day of For the Register Signature of Personal Representative Signature of Personal Representative ?7 File Number: pC. ~- Q 7 - (.JTt(/ / Estate of David A. as the last Deceased Social Security Number: 211-52-7266 Date of Death: Febmarv 11, 2009 AND NOW, ~ ~ , ~_, in consideration of the foregoing Petition, satisfactory proof having been presented before te, IT IS DECREED that Letters testamentary aze hereby granted to Trim O. Kulu and that the instrument(s) dated November 19, 1999 described in the Petition be admitted to probate and filed of FEES Letters ............... U~ $ ' Short Certificate(s) ...... .. $~ Renunciation(s) .. . dul j.... .. $ .. $ $ ~~). . $ .5~ . . $ . . $ b' ~'9~9~~ TOTAL ............. . $ a Attorney Signature: Attorney Name: (and Cgdicil(s)) of Z i'i'i ": Ae C~~"" ~ F~ 'i ~D _.. _:7 :--i 3 - ~ a O ~~ - . J in the above estate Register of ills (J ~ ~ {~ Y~~Ry~ (~'- T7 Michael A. Scherer Supreme Court I.D. No.: 61974 Address: O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Telephone: (717)249-6873 Farm RW-02 rev. 10.13.06 Page 2 of 2 9- y~ 7 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 15256358 Certification Number wmaw uv iueooX COIIYONY/EALTI CIF PENNSYLVANIA rne~ OEPARTgENr OF NEALTN•VRAL SECOSC8 ancXep CORONER'S CERTtFlCATE OF DEATH l31-651 rsr 1n.X,.«x.... ..........,_. ~ _..___, qB 3 qb (_Q N O ~ `J -' C7 ' _..Qvii ~ C'"~, /,"~ `~~~ n r , c .,.1 - ' SlAiE Fl1E NUMBIP 1. M.rapelX~Ha r11.Y1 W) 28r 9.BNY9,rYy rebY ,. LYY aOrrIM,V, M.MCA David A Rulp Male 211 ~r2 a266 February 11, 2009 agnretisM ua.1 w.i no,rarp r. rrY« arb,,.tlo,Xn 43 1°` °i" "°" ""' March 18, 1965 1ogYL ~- "r Carlisle Pa L7tbrX ^auarwrv ^ou ^w,pxM ^a.WO $Jora~ n CCo-gaabp <a4'. o.w en MbNMry.aYaYXn Mawrniwa 0.Yr, e,rM1«axYXYYOCMi ro N, r.iYr:.Mr,baYX etr4 Nte,,,b Cumberland Weet Penneboro 740 Creek Road PyRipitl''°°` MdrtMrolM+:1 lar5f white n.o,.rX,ur aYxar era woerlaa fi W„4NYXMbXY b.peMYEgaMn s.rtrm to N.r a~orma'r"'1&N~f M.ne. iX e.rrgmw,m.w. p. m+en~n.1 waaxen measr~/rry vawerwe.v W ~~ enb~ra/aMa«rofa oaYro+«X.~ married ring Wicks 1n o,tlsn Mry,m,.appaN/br.rq,prXa ovebn omX 720 Creek "'W"b"'b 1htl"' Rd, Pi t~+b1 1h.^tY..Des,Mweb1'lerh Fenn ahnrn ~ nspbn 'r'm•q Cumb 1w.0 roo,e.rrua.er ~n,o rtr .Y+rua,a o1. L to Mart M.pw,,H1M,mMb,,.ip at<X{rM,Nr.fM1r/M9 ab brrp rrarn,rolnta4/Yr.,YY.IbbM~ Trina W. Rut 7 a. MaraoYfe,XM ^o.rm l7tar.i an araaweap«aae,w'1 nc hbaarweeiMr+aarl,eY,aYlwanrpbq ra~,rnlgr/bXN X,r+Yerl ® r,r ^ Weaaw«~M. 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Wb r,lOY,p~p aM e. ~ ~ ~Nao ~ YXagaXUraniw fa MrMYq er WwMrP9apP n.M.rao,n ~ ^urNeXmrrX.M..Xrw M1MM k1YY RYCbfmaam Sa RYa1M/MyaT'Arp aAOVbIMXIXI'~b,0 Xpt lYetleaXar~~ro,bra,~MM1BiW ,WY. aarao.rv ^ww ^NY,W Feb. 11,2009 Self-Inflicted Guhshot -Shotgun ~ r'arm Pield ^1Y, ~ro ^'b ^ro ^,1bWX ^Maiaaem+m Mnra,ep Aprx a.MryewwM MI.XTIYXpYY Mn PpaA ~. swirl a nX y 1~4 ay r mp.rN ~.°1Y°' ~~1q°'0r"ar 3:30 P M 17w ~ro ~o^+/oXYV ^ab.w M.,ro Creek Road, Carlisle, PA a CwYprrarr-0 ~ . • m~Y~a+MM,aM~a.Xgroraa.naw~.,,Mae++n Wei..,nes,n.am„pMw~ Coroner wwwp,rsr.errrnsryy Ya.u.rr,~________________________________ ^ - • ma erg raMePetl+Plnadf eoewMi+VSM.a«iepobsrasaY • ~B~rr~wr~r..w~am.rasM,r,.ape,,MMbsa.~ar.r.r.a,Yy_____________ ^ ~1°O1M"b" ba oweV.epcn ab a,a OYHYras,~,N/wb,eYre,a,bnyaplpryyiy«eyab,aM1yb~Mpe~MYbb ~y~~a/~y{y~~y(~p~~y~~pp~p~Fle~bruary 12, 2009 rrMlMAnrrMYL ~.I M LM1C[18e1 L. nOIr1H 1,0I0A2r" /NM j Yi° aantNr.aM 6375 Baeehore Aoad Suite 91 I~ I\ I d l i 10 I Y- Mechanicsburg, PA f 7050 This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Lcxal Registraz. The original certificate will be forwarded to the State Vita] c~Records Office for permanent filing. C.~6i~rt~R~ ~,nbe FED' ~ o/2nos Local Registrar Dale Issued oYpree, valMro '.UJ`I-1.'S-Sv oa- ~~"~ LAST WILL AND TESTAMENT OF To ~~ ° z DAVID A KULP %>_ ~ ~ . ~~-~~-, a ~;; _ >~_ a ,; ! y~ ~ „ t. O ~~ I, DAVID A. KULP, of Carlisle, Cumberland County, Pennsylvania, being' of sound mind and disposing memory, though I realize the uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: § 1.1 I bequeath all my tangible personal property to My Wife, Trina O. Kulp, ("My Wife"), if she survives me. L`My Wife does not survive me, I bequeath such property in accordance with the terms of a Personal Property Memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. §1.2 I bequeath such assets not disposed of by such memorandum, or all of such property if no such memorandum is so located or received, to my children per stirpes, to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among my children, they shall take alternate turns selecting individual items with the oldest child making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. § 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.4 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Residue: §2.1 I devise and bequeath all the residue of my estate of whatever nature and wherever situated to My Wife, if she survives me. If My Wife does not survive me, then the entire residue of my estate shall be held in trust until my youngest child shall have attained the age of twenty-two (22) years to be used by the Trustee for the health, education, maintenance and support of my children, guided by the standards set out in Article Three, Pazagraphs 3.1.1 and 3.1.2 of the Beneficiary's Trust herein. At the time of drafting this Will, I have one child, Allison R. Kulp, of Cazlisle, PA. When my youngest child attains the age of twenty-two (22) years, this Trust for my children shall terminate and the balance of the residue of the estate shall be divided and distributed among my children, per stirpes, subject to the provisions of §2.2 herein. §2.2 I give to the Trustee hereinafter named any share passing hereunder for the benefit of any beneficiary of mine, other than my children, who shall not have attained the age of eighteen (18) years, to be held, administered and disposed of in accordance with Article Three hereof (the "Beneficiary's Trust") for the benefit of such beneficiary. Article Three: The Beneficiary's Trust: §3.1 The Trustee shall hold, manage, invest and reinvest the assets of the Beneficiary's Trust, collect the income thereof and: §3.1.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary") is under eighteen (18) years of age, the Trustee shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. §3.1.2 After the Beneficiary attains eighteen (18) years of age, the Trustee shall distribute to or for the benefit of the Beneficiary the net income of the Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. §3.1.3 Except with respect to the trust for my children, at any time after the Beneficiary attains eighteen (18) years of age, the Beneficiary may withdraw any or all of the principal of the Beneficiary's Trust. §3.1.4 If the Beneficiary dies before the complete termination of the Beneficiary's Trust, the Trustee shall distribute the property then held intrust to such persons or corporations, (including the Beneficiary's estate), in such amounts and upon such trusts, terms and condition, as the Beneficiary by last Will may appoint by specific reference to this general power of appointment; provided, however, any portion of the trust property not subject to the Beneficiary's power of withdrawal immediately prior to the Beneficiary's death may only be appointed to one or more of the Beneficiary's issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary by last Will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to the Beneficiary's then living issue, per stirpes, or if none, to my then living issue, per stirpes. Article Four: Appointment of Fiduciaries: §4.1 I appoint My Wife as Executrix of this Will. If My Wife is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint My Wife's brother, Lonnie A. Wickazd, of Shippensburg, PA, as first, contingent, successor Executor. If Lonnie A. Wickard is not willing or able to serve or to complete the administration of my estate, I appoint My Wife's father, Paul A. Wickard, of Newville, PA, as second, contingent, successor Executor. All references herein to the Executor shall mean my originally appointed Executrix or my successor Executor, as the case may be. §4.2 I appoint these same persons in the same order to serve as Guardians of the persons and property of any minors who would be a beneficiary under this Will, or as Trustees of any trusts which may arise under this will. Article Five: Powers of Fiduciaries: §5.1 No fiduciary under this Will shall be required to give bond or other security for 3 the faithful performance of the fiduciary's dudes. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: §5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on anon-pro rata basis, and for such purposes to make reasonable determinations of current values; §5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; §5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Intemal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; §5.2.9 To create, except when the fiduciary is a beneficiary of the subject trust, with respect to all or any part of the principal of any trust hereunder, including a pecuniary amount, by a written instrument a general testamentary power of appointment within the meaning of Section 2041 of the Internal Revenue Code in any beneficiary thereof and to eliminate such power for all or any part of such principal as to which such power was previously created and to divide trust principal into two fractional shares based upon the then portion of the trust that would be includable in the gross estate of the beneficiary holding such power if he died immediately before 4 such division (in which case the power shall be over the entire principal of one shaze and not the other), with each shaze being administered as a separate trust, unless such fiduciary shall thereafter elect to combine such separate trusts into a single trust; to exercise the foregoing discretion to create or eliminate a general testamentary power of appointment when such fiduciary determines that the inclusion of the property affected thereby in the beneficiary's gross estate may achieve a significant savings in transfer taxes by having a federal estate tax in lieu of a Chapter 13 tax imposed by the Internal Revenue Code on the property subject to such power of appointment or may achieve significant income tax benefits; §5.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; §5.2.11 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests aze not defined, in equal shares to such beneficiaries; provided, however, no Trustee shall participate in any decision to terminate such trust if by reason of such temvnation such trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases of the distributee(s) will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; and §5.2.12 To merge any trust created hereunder with any other trust or trusts created by me or my spouse under will or deed, if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons. Article Six: Provision for Taxes: §6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similaz nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor, without reimbursement from or apportionment among the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided, however, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property; provided further, however, the Executor shall not pay any supplemental federal estate tax, or any penalties or interest related thereto, imposed by Section 4980A(d) of the Internal Revenue Code, which supplemental federal estate tax, together with any penalties or interest related thereto, shall be borne by the recipients of the qualified plan benefit (including my estate if it is a recipient of any such benefit) giving rise to such supplemental federal estate tax in proportion to their respective interests therein. Article Seven: Provision for Debta and Expenses: §7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. Article Eight: Miscellaneous Provisions: §8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §8.2 Whenever the Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such benefioiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or 6 to prevent the absolute vesting thereof in such beneficiary. §8.3 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. §8.4 h`any beneficiary hereunder should die within thirty (30) days after me or within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, I, DAVID A. KULP, have hereunto set my hand and seal to this, my last Will, typewritten on eight (8) sheets of paper, including the self-proving attestation clause and signatures of witnesses, this ~`~day of (tfo~...,b.-.- , 1999. DAVID A. KULP Signed, sealed, published and declared by the above named DAVID A. KULP as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Residing at Residing at Residing at COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND We, DAVID A. KULP, SS. the testator, and C~a~,~~l ~~~~,~n ~r,~cr ~. ~1~. ~ ,and s~ ~t ~ ~ fa hl'cko r d ~,,G' 16,~the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her lmowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~s.~ ~~ DAVID A. KULP i ~ /' /~Ur ~,, .Wi' tress ~~ Witness r C .(~ fitness Subscribed, sworn to and aclmowledged before me by DAVID A. KULP, the testator, and subscribed and sworn to before me by ~v ..1J ~~:~. ,/A ~^ . ~v ~ ~ ° and ~ ,~u~PyR L~1 / P~ ' -e-r~,~,-~r~- ~ ~ t, ~„ ~gthe witnesses, this / % day of ~/ u o~ a ,.,. ,E, rs/' , 1999. w ~ f ~-r'~'rJ ,~u ~ y ~ 1/l / ~.~C~%•~L' G,CL ~X l y ~ z, .cam ~~Notary Public My Commission expires: SEAL Notarial Seal Ruth 0. Goldsmith, Notary Public New/ilie eoro. Cumberland County My Commission expires July 24, 2000 Member, Pennsylvania Association of Notaries