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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
DONALD M. COHICK, No. 21-98-0957
Deceased
Late of North Middleton Township
PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE
TO THE HONORABLE, JUDGES OF THE SAID COURT:
Petitioner, Sallie Ann Winburn, the power of attorney for Barbara Rovenolt, by
and through her attorneys, Saidis Sullivan & Rogers files this petition to appoint herself
as successor trustee of the Barbara Rovenolt Trust, and respectfully avers as follows:
1. Petitioner is Sallie Ann Winburn, who is the Power of Attorney for Barbara
Rovenolt. A true and accurate copy of the Power of Attorney is attached as
Exhibit "A".
2. Donald M. Cohick died on November 20, 1998, a resident of Cumberland County
Pennsylvania, leaving a will dated December 5, 1991, which was probated in the
Office of Register of Wills of Cumberland County on November 30, 1998, a copy
of which is hereto attached as Exhibit "B".
3. Item III of the Will, Decedent provided that the residue be divided into three (3)
shares and subparagraph B.3. states:
"The third said share shall be paid to Donna M. Noss as trustee for my
daughter, Barbara Rovenolt. Out of the income derived by my trustee,
shall pay all the necessary costs and expenses of the trust including her
reasonable compensation and shall pay the net income to Barbara
Rovenolt at least quarterly. My trustee may make expenditures from the
principal of the trust as she may deem necessary for the support and
maintenance of Barbara Rovenolt. Said trust shall continue for the
balance of her natural life. Upon her death, the balance shall be paid to
Winebrenner Seminary, Churches of God of North America, located at
Findlay, Ohio, to be used by the Seminary to provide assistance for
students who are in need, as the Seminary shall determine."
4. Donna M. Noss was appointed Executrix of the Will.
5. Donna M. Noss was appointed Trustee.
6. Donna M. Noss, Executrix and Trustee of the Barbara Rovenolt Trust, died on
December 16, 2010, and the balance in the trust, as of January 31, 2011, is
$39,490.42.
7. There is a vacancy in the trusteeship.
8. Decedent made no provision for a substituted or successor Trustee.
9. Pursuant to 20 Pa.C.S.A. § 7764(c), Vacancy in trusteeship; appointment of
successor, provides that a vacancy in a trusteeship of a noncharitable trust that
is required to be filled shall be filled in the following order of priority: (1) by a
person designated in or pursuant to the provisions of the trust instrument to act
as successor trustee; (2) by a person by unamimous written agreement of the
qualified beneficiaries; or (by a person appointed by the court.
10. Barbara Rovenolt is the current beneficiary of the trust. The petitioner has been
acting as her agent since January 18, 2011 and as such has been administering
her financial matters for her.
11. The Winebrenner Seminary, Churches of God of North America, located in
Findlay, Ohio is the residual beneficary
12. There are no other beneficiaries of the said trust.
13. Barbara Rovenolt, through her power of attorney Sallie Ann Winburn, has
consented to the appointment of her niece, Sallie Ann Winburn, as the successor
trustee. A true and accurate copy of a consent signed by Barbara Rovenolt is
attached as Exhibit "C".
14.The Winebrenner Seminary has consented to the appointment of Sallie Ann
Winburn as the successor Trustee of the Trust created for the Benefit of
Barabara Trust under the Last Will and Testament of Donald M. Cohick. A true
and accurate copy of a consent signed by Jim Smarkel, Vice President of
Institutional Advancementwho is authorized to act and sign this consent on
behalf of the Winebrenner Seminary is attached as Exhibit "D".
15. Item IV of the Will, Decedent states that "my personal representative shall not be
required to post bond in this or any jurisdiction."
16. The intent of the testator and the beneficiaries do not desire that the appointed
Trustee shall post bond to secure performance.
WHEREFORE, Petitioner respectfully requests that this Honorable Court appoint
Sallie Ann Winburn as trustee of the trust under Item 111.6.3 of the will of Donald M.
Cohick, Deceased, dated December 5, 1991, and that the trustee shall not give a bond
to secure performance pursuant to 20 Pa.C.S.A. §7762.
Date: - 1 G t I
Respectfully submitted,
SAIDIS SULLIVAN & ROGERS
~L Z%
J E. Kelso, Esq.
orney I.D. # 209107
6 West High Street
Carlisle, PA 17013
(717) 243-62222
Attorney for Petitioner
,_
LAW OFFICES OF
;TEPHEN ~. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE
THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS
TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO
SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL
PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY
YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON
YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN
POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO
ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS °OWER
OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME
INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION
OF THESE POWERS OR YOU REVOKE THESE POWERS OR A
COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S
AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM
YOUR AGENT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF
IT FINDS YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER
OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 F'A. C.S. CH. 5f;.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO
NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN
CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
BARBARA A. ROVENOLT CSATE ~' ~ -
POWER OF ATTORNEY
I, Barbara A. Rovenolt, of Cumberland County, Newville,
Pennsylvania, do hereby nominate, constitute and appoint Sallie Winburn
as my true and lawful Attorney-In-Fact, to act in my name, place and stead
to do and perform any act that I myself might perform if I were personally
present in regard to the following:
To endorse checks, notes, drafts and any other commercial papers
in my name and to withdraw money from any bank accounts that I may
have for my benefit, and to sign orders or receipts thdrefore in my name;
To enter into any safe deposit box I may have in my own name or
jointly with another person to inventory the contents of such box or to do
or perform any act with respect to the contents that I might legally perform
if I were personally present;
To sell and enter into a contract or contracts for the sale of all or
any part of my personal property, effects and belongings of every kind and
nature wherever situated for my benefit with full power to deliver
possession of said personal property and to execute in my name any
documents necessary to transfer title to said personal property, including
bills of sale or other documents of title, and to take any security interest for
any unpaid balance which my Attorney-In-Fact in his or her discretion may
deem necessary and proper; and to buy, sell, assign or transfer stocks,
bonds or any other personal property.
To borrow money from such sources and on such terms as my
Attorney may deem fit and proper, and to execute in conjunction with any
loan of money a security agreement covering any of my real or personal
property and to execute, sign, acknowledge and deliver in any form that
instrument that may be required in conjunction with the transaction;
To authorize my admission to medical, nursing, residential or
similar facility and to enter into agreements for my care. This power is to
be construed and implemented in accordance with the provisions of
Chapter 56 of Title 20, Consolidated Pennsylvania Statutes, in effect on
the date of execution of this Power of Attorney;
LAW OFFICES OF
TEPHEN J. HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
To authorize medical and surgical procedures. This power is to be
construed and implemented in accordance with the provisions of Chapter
56 of Title 20, Consolidated Pennsylvania .Statutes, in effect on the date of
execution of this Power of Attorney.
I direct that this Power of Attorney shall be a durable Power of
Attorney and shall become effective immediately.
Barbara A. Rwen~lt ~ ate
i ss
LAW OFFICES OF
TEPHEN J. NOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
~ "r
LAW OFFICES OF
STEPHEN J. NOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
Commonwealth of Pennsylvania
County of Cumberland
ss
On this.~day of r ~'f'u ~~ , 2011, before me,
the undersigned officer, persoyY ly appeared B ara A. Rovenolt, known
to me or satisfactorily proven be the perso hose name is subscribed
to the attached Power of Attorney, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires:
,.
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8lsphon J. Hogg, t+lotery PubNc
C®rRla~k Haro~ Cae~~rband Co. PA
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ACKNOWLEDGEMENT
I, Sallie Winburn, have read the attached Power of Attorney and am
the person identified as the agent for the principal. I hereby acknowledge
that in the absence of a specific provision to the contrary in the Power of
Attorney or in 20 Pa. C.S. when I act as agent:
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my
assets.
I shall exercise reasonable caution and prudence.
LAW OFFICES OF
TEPHEN J. NOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
I shall keep a full and accurate record of all actions, receipts
and disbursements on behalf of the principal.
~ ~~
Sallie inburn
~~18 II
Date
LAST WILL AND TESTAMENT
OF
DONALD M. COHICK
I, DONALD M. COHICK of New Cumberland, Cumberland County, Pennsyl-
vania, declare this to be my Last Will and Testament, hereby revoking
any will previously made by me.
I - I direct the payment of all my just debts and funeral
expenses out of my estate as soon as may be practical after my death.
II - I devise and bequeath all of my estate of whatever nature
and wherever situate unto my wife, Marion F. Cohick, providing she
survives me by sixty (60) days.
III - Should my said wife fail to be living on the sixty-first
(61st) day following my death, then I devise and bequeath all of my
estate of whatever nature and wherever .situate as follows:
~~~ ~.
A. I bequeath certain items of my tangible personal prop-
erty, not including cash and securities, in accordance with a written
list made by me during my lifetime. In the absence of such a list or
designation on said list, I direct that my executrix hereinafter named
distribute my household goods and personal effects among my daughters,
ARNOI,D & SL1KE, a
crT C4~trin~! r~ ~~nii
Page 1
Donna M. Noss, Barbara Rovenolt and Sandra J. Mansberger, in as nearly
equal shares as possible, and that the remainder be sold and added to
the residue of my estate.
B. I direct that the residue of my estate be divided into
three equal shares to be distributed as follows:
1. One such share shall be distributed to my
daughter, Donna M. Noss, or her issue per stirpes.
2. One such share shall be distributed to my
daughter, Sandra J. Mansberger, or her issue per stirpes.
3. The third said share shall be paid to Donna M.
Noss as trustee for my daughter, Barbara Rovenolt. Out of the income
derived by my trustee, she shall pay all the necessary costs and expen-
ses of the trust including her reasonable compensation and shall pay the
net income to Barbara Rovenolt at least quarterly. My trustee may make
expenditures from the principal of the trust as .she may deem necessary
for the support and maintenance of Barbara Rovenolt. Said trust shall
continue for the balance of her natural life. Upon her death, the
balance shall be paid to Winebrenner Seminary, Churches of God of North
America, located at Findlay, Ohio, to be used by the Seminary to provide
assistance for students who are in need, as the Seminary shall deter-
mine.
IV - I appoint my daughter, Donna M. Noss, Executrix of this, my'
Last Will. and Testament. My personal representatives shall not be
required to post bond in this or any jurisdiction.
~~~ ~
Page 2
ARN(lT .fl R..CT.TKF 4TTf1V NFVC-n TJ nvd ~~nn n~aovc~r ~Tn~~T .-..._ _._.. _
IN WITNESS WHEREOF, I ve hereunto set my hand and seal on this
the ~ day of / ~ ~~~~ 1991.
~ ~ I ~ (SEAL)
Donald M. Cohick
Signed, sealed, published and declared by DONALD M. COHICK, Testator
therein named, on this and and (2) other sheets of paper as and for his
Last Will and Testament, in our presence, who, in his presence, at his
request, and in the presence of each other, have hereunto subscribed our
names as attesting witnesses.
Name
~/ ~~~
Address
Name Address
Page 3
_- - .
u --Y _ _. _ _ _.. _ ___ _ _~.,-.__
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND)
WE, the undersigned,_the testator and the witnesses, respectively,
whose names are signed to the .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 and Testament and
that he signed willingly (or willingly directed another to sign for
him).,. and that he executed it as his free will and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the
presence and hearing of the testator signed the will as witnesses and
that to the best of their knowledge the testator was at that time eigh-
teen years of age or older, of sound mind, and under no constraint or
undue influence.
~~~
Testator
Witness
~~-
Witness
Subscribed, sworn to and acknowledged before me by the testator, and
subscribed~d sworn to before me by both witnesses, this ~_ day of
'~ , 1991.
~~ ~ ~~-,
Notary Public
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
DONALD M. COHICK, No. 21-98-0957
Deceased
Late of North Middleton Township
CO_
I, Sallie Ann Winburn, the power of attorney for Barbara Rovenolt, who is
beneficiary of the Trust created for her benefit, Barbara Rovenolt, under the Last Will
and Testament of Donald M. Cohick dated December 5, 1991 and probated on
November 30, 1998 in the Office of the Register of Wills of Cumberland County, do
hereby consent to the appointment of Barbara Rovenolt's niece, Sallie Ann Winburn, as
Successor Trustee.
Date: 3 I I ~ ~ ~ ~ ~-i~'~.e,!^,e-- c''~~(~,,,.h,-~--..
Sallie Ann Winburn, power of attorney
for Barbara Rovenolt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
DONALD M. COHICK,
Deceased
Late of North Middleton Township
No. 21-98-0957
CONSENT
I, Jim Smarkei, Vice President for Institutional Advancement at the Winebrenner
Theological Seminary located at 950 North Main Street, Findlay, OH 45840, a residual
beneficiary of the Trust created for the benefit of Barbara Rovenolt under the Last Will
and Testament of Donald M. Cohick dated December 5, 1991 and probated on
November 30, 1998 in the Office of the Register of Wills of Cumberland County, do
hereby consent to the appointment of Sallie Ann Winburn as Successor Trustee.
Winebrenner Theological Seminary
Date:~~ ~~~ ~~
Smarkel
Vice President for Institutional Advancement
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
DONALD M. COHICK, No. 21-98-0957
Deceased
Late of North Middleton Township :
VERIFICATION
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities.
Date: 3 J - s ~ r r ~,,,;~- ='~ Y~ ~,~
~v~. ~..~
Sallie Ann Winburn, power of attorney
for Barbara Rovenolt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
DONALD M. COHICK, No. 21-98-0957
Deceased
Late of North Middleton Township
DECREE
h~
AND NOW, on this 2 2 day of March, 2011, upon consideration of the petition
of Barbara Rovenolt, through her power of attorney Sallie Ann Winburn, it is
ORDERED that Sallie Ann Winburn is appointed Trustee for the trust for the benefit
of Barbara Rovenolt created under Item III.B.2 of the Will of Donald M. Cohick,
Deceased, dated December 5, 1991.
The Trustee is not required to post a Trustee's Bond.
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BY THE COURT:
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: DONALD M COHICK CUMBERLAND COUNTY
PENNSYLVANIA
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03/22/11
JUDGE'S INITIALS:
TIME STAMP DATE: 03/22/11
IN RE; DECREE
SERVICE TO: JASON KELSO
JIM SMARKEL
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 03/22/11
SERVICE TO:
NO. 98-0957
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT