HomeMy WebLinkAbout03-09-12
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, appty(ies) for Letters as specked below, and in support thereof aver(s) the
following and respectfully requests the grant of Letters in the appropriate form:
Decedent's Information rr~i/~ n ,`11 p
Name: M. Louise Karper File No: 21 - NU~oC - V p~
a/k/a: (Assigned by Register)
alk/a:
a/k/a: Social Security No: 189-18-5404
Date of Death: 12/09/2011
Age at Death: 90
Decedent was domiciled at death to Cumberland County, pA
(State) with his/her last
.principal residence at Shippensburg Health Care Center, Shippensburg 17257 Shippensburg Cumberland
Street adrkese, Post Office and Zip Cotle City, Tovnuihip or Borough ' County
Decedent died at Shippensburg Hsalth Care Center, 121 Walnut Bottom Rd. Shippensburg Twp. Cumberland PA
Street address, Post OrRw end Zip Code City, Township or Bonwph County gtale
Estimate of value of decedent's property at death:
/f domiciled in Pertnsylvanla ...................... All personal property $ 5 726.00
!f not domiciled in Pennsy/vanla ................ Personal property in Pennsylvania $
/f not domicl/ed In Pennsyfvanla ................ Personal property in County $
Value of reef estate in Pennsyivanla ................................................................... $
^ TOTAL ESTIMATED VALUE $ 5,728.00
Reel eslaN in Pennsylvania situatetl at None
(Attach additional sheets, HneCessary)
Street addreaa, Poat Otfice and Zip Code CNy, Township or Borough Cou
my
® A. Petition for Pro and Grant of etters Te am ntarv
Petitioner(s) aver(s) that he/shefthey is/are the Executor(s) named in the Last Will of the Decedent, dated 01/23/2003 and Codicil(s)
theretc dated
Stale retevarrt cirwmstancea (e.p., renundetbn, death o/ exeeuMr, etc.J
Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not ma was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S.§ 3323(8), and did not have a child om or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ~ rv
®NO EXCEPTIONS ^ EXCEPTIONS _ y,;,.,~ ~
^ B. Pe ition for Grent of Letters of Administration (If appligWe)
If Administration, c.t.a or db.n.c.ta., enter date of WIII in Section A above and comolete liQt of hems.
Except as follows: Decedent was not a party to pending divorce proceedin wherein the grounds for divorce t
in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ^ EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the fo
additional sheets, if necessary):
~ftabli~ed as de yi~
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spouse h(pny) a~$~i~ (attach
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Name Reiationshi Address
Messiah United Methodist Church of
Shi nsbu Charity Shippensburg, PA 17257
Roy F. Piper, Jr. Son 11844 Weaver Road
Orrstown PA 17244
Catherine L. Washinger Daughter 983 Ridge Road
Shi nsbu PA 17257
Form RW-02 rev. 10.11-2011 CapyrigM (c) 2011 form sofhvero Doty The Lackner Group, Ins.
Paps 1 of 2
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Oath of Personal Representative olrkaeiuaeoniy
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland }
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Petitioner(s) Printed Name Petitioner(s) Printed Address
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Catherine L. Washinger 983 Ridge Road
Shippensburg,PA 17257
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Roy F. Piper, Jr. 11844 Weaver Road
Orrstown, PA 17244 ~
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, no rcuuwko,~a/ kauvvvnkm uk:u awcak ~sl uk annngsl ukv Sm[emtinlS In Ule rOfegDlDg t'e[lilon are [Ne an0 CORBCr SO the bast Of the knowledge and
belief of Petitioner(s) and that, as Personal Representative(s) of the De deM, Petit~ner( will well and truly administer the estate accordin to aw.
Swom to r ffirmed ands bscribe before ~ Dare
met 's ~ day ~~ Drn® (J..
BY: Date
For the t7egi Date
BOND Requirodl ~ YES dN0
FEES:
Letters
( ~ )Short Certificate(s).........
( )Renunciation(s) ..............
( )Codicil(s) ........................
( )Affidavit(s) ......................
Bond .............................................
Commission ..................................
Other
$ ~/~. °t'
Automation Fee ............................
JCS Fee ....................................... ~fi. 5
TOTAL ......................................... $ i ,~_ S~
To the Register ofWlls:
Please enter my appearance by my signature halo
Attorney Si re:
Printed Na e: Jerry A. Weigle Esquire
Supreme Court
ID Number: 01624
Firm Name: Weigle & Associates. P.C.
Address: 126 East King Street
ShlppensburB,PA 17257
Phone: 717!532-7388
Fax: 717/532-5289
E-mail:
DECREE OF THE REGISTER
Dats of Death: 1 210 9/2 01 1
Social Security No: 188-18-5404
Estate of _M. Louise Karper File No: 21 _ ~QIo7
a/k/a: may,
AND NOW, l,~C.1 / , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentarv
are hereby granted to Catherine L. Washinger and Roy F. Piper, Jr.
in the above estate and (if applicable) that the instrument(s) dated 01123!2003
described in the Petition be admitted to probate and filed of record as th a 't Will (and Codi I(s)) of
gtsterof 115
Form RW-02 rcv, f 0/112011 CopyripM (c) 2011 form software only The Lackner G
Inc. t~
Papa 4 W 2
HIOSROS AP_V Ip l/p71
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 18008996
Certification Number
~a-~9y
.This i$ to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
+ certificate will be forwarded to the State Vital
Records Office for a anent filing.
al Regis ~ ~ Date Issued
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5th Ave, Suite A, Chambersburg, PA 17201
aenrarVrMe. 0713423 .. -~ ~ ~ .001 .
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I, M. LOUISE KARPER, widow and single person, presently residing at Room 2-F,
Episcopal Home, 206 East Burd Street, Borough of Shippensburg, Cumberland County,
Pennsylvania 17257, being of sound mind, memory and disposition, do hereby make, publish
and declare this my Last Will and Testament, hereby revoking and making void all wills by me
at any time heretofore made.
FIRST. I order and direct the payment of all my legally enforceable debts and
funeral expenses as soon as may be convenient after my decease.
SECOND. I give and bequeath a pecuniary amount equal to Ten Percent (10%) of my
estate to the MESSIAH UNITED METHODIST CHURCH OF SHIPPENSBURG, located
on Penn Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania.
THIRD. I give, devise and bequeath all of the rest, residue and remainder of my
estate, real, personal and mixed, whatsoever and wheresoever situate, to my beloved children,
ROY F. PIPER, JR., and CATHERINE L. WASHINGER, on a per stirpes distribution basis.
FOURTH. In the event that my granddaughter, LORI ANN PIPER, is living at the
time of my death and receives a share of my estate under this my Last Will and Testament,
I direct that such share be held IN TRUST by my hereinafter named Trustee, since the said
Lori Ann Piper is physically and mentally disabled due to an accident. My daughter,
CATHERINE L. WASHINGER, presently residing at 983 Ridge Road, Shippensburg,
Cumberland County, Pennsylvania, shall serve as Trustee. In the event that the said Catherine L.
Washinger is unable to act as Trustee for any reason, I then name, constitute and appoint my
grandson, RODERICK PIPER, as Trustee, with the same powers as stated herein. In providing
for the establishment of this trust for the benefit of my granddaughter, I am awaze of the special
circumstances and disabilities affecting Lori Ann Piper, which may cause or will cause her to be
eligible for various local, state and federal benefits and entitlements, as well as possible
assistance provided by various private agencies and organizations. The primary purpose of this
trust is to assure that the said Lori Ann Piper achieves her maximum potential and leads a full,
independent and normal a life as possible. To that end, it is my wish that my individual .Trustee
view herself/himself not only as a trustee in the traditional sense, but also as protector, guardian
and advocate for my said granddaughter. Correspondingly, my named Trustee shall expend the
income and principal of the trust in ways that best further these goals and under the following
terms and conditions:
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WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET -SHIPPENSBURG, PA 172 5 7-13 9 7
A. The Trustee, within his complete and unfettered discretion, shall apply the
income and principal of the trust in furtherance of the purposes of the trust
as set forth in subparagraph 4 above and generally to enhance the life of
my granddaughter, Lori 'Ann Piper, if living, but only to the extent not
provided for by insurance or by Federal, State, local or any other
assistance programs of any nature whatsoever, including Supplemental
Security Income benefits under the Federal Income Maintenance Program
as then existing. The Trustee shall have full powers of choice and
discretion over the expenditure of payments of the trust. The Trustee shall
provide trust payments of such an amount as not to preclude payment of
the maximum amounts of any Federal, State, local or other assistance
programs, as noted above. The income and principal of this trust may
therefore be used as judged necessary and appropriate as a supplement to,
but not to supplant, such Federal, State, local or other assistance, and to
the extent the income of this trust is not used, the Trustee may accumulate
the income and add it to the principal of the trust.
B. The Trustee is empowered to collect and expend on behalf of my said
granddaughter all governmental financial assistance benefits to which she
is otherwise entitled; provided that such funds shall not be co-mingled
with the other funds of this trust.
C. In the exercise of the Trustee's discretion to expend income and principal
for the said Lori Ann Piper, the Trustee is directed that consideration
should be given. to any Letters of Instruction which I may, from time to
time, direct to the trustees. Such Letters Of Instruction, if any, shall be
interpreted based upon the express purposes stated herein, and shall not be
interpreted to expand the powers and limitations of the trustees hereof.
D. In the exercise of discretion with respect to income and principal
distributions for Lori Ann Piper, if any, the Trustee shall bear in mind my
express desire to preserve, to the greatest extent possible, this trust's assets
for eventual distribution to my descendants other. than my said
granddaughter, whether outright or in trust. The foregoing sentence is in
no way intended to limit the sole and absolute discretion of the Trustee
with respect to such distributions or to give any remainderman any right
to challenge any distributipn made by the Trustee in the proper exercise
of such discretion. Rather, said sentence is intended to aid the Trustee
and any Court or administrative agency in properly interpreting my intent
in establishing this trust, namely, that the needs of my granddaughter
be provided for only to the extent that governmental benefits and
entitlements and other resources are either unavailable, inadequate, or
have been exhausted.
~. ~~~~ a . ~ { a 21QX~~ (SEAL)
W@IGLE 6. ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SIi1PPEN5BURG, PA 17257-1397
gym..... _ _ _ _
E. If any governmental agency determines that this trust is an "available
resource" to be utilized and exhausted to pay for services for Lori Ann
Piper otherwise provided by public funding, then the Trustee may, at his
complete discretion, elect to terminate this trust, in which case the trust
assets shall be distributed in accordance with subparagraph g below as if
the said Lori Ann Piper was then deceased.
F. In the event that a time comes when the said Lori Ann Piper is no longer
disabled as determined in the sole discretion of the Executor or Trustee,
my said Trustee may then elect to terminate the trust and to distribute the
trust assets (principal and accumulated interest) to the said Lori Ann Piper
provided that she has reached the age of thirty (30) years. Any such
determination by my said Executor or Trustee shall be final and the
Executor and/or Trustee shall be indemnified and held harmless from any
and all claims resulting from such determination and decisions.
G. Upon the death of the said Lori Ann Piper, the principal of her trust as
then constituted together with any accrued and undistributed income
thereon, shall be distributed to her brother, RODERICK PIPER, on a per
stirpes distribution basis.
H. All shares of principal and income shall, until actual distribution to the
respective beneficiaries, be free from the debts, contracts, alienations and
anticipations of any beneficiary or beneficiaries, and the same shall not be
liable to any levy, attachment, execution or sequestration.
FIFTH. In the event a beneficiary under this Will or trust who is otherwise entitled
to distribution of a bequest under this my Last Will and Testament becomes disabled, as
determined in the sole discretion of the Executor or Trustee, then and thereafter, while such
beneficiary is disabled, the Executor or Trustee shall retain such funds in trust and apply the
income and principal of such fund, within their complete and unfettered discretion, generally to
enhance the life of such beneficiary, but only to the extent not .provided .for by insurance or by
Federal, State, local or any other assistance programs of any nature whatsoever, including
Supplemental Security Income benefits under the Federal Income Maintenance Program as then
existing. Accordingly, while such beneficiary is disabled, the income and principal of such fund
may be used as judged necessary and appropriate as a supplement to, but not to supplant, such
Federal, State, local and other assistance, and to the extent the income of such bequest or trust is
not used, the Trustee may accumulate the income and add it to the principal of such fund.
Furthermore, while such beneficiary is disabled, any right such beneficiary has to withdraw
'7
~t ~., o AQ /~ (SEAL)
WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, Pq 17257-1397
principal of such trust or receive a distribution of a bequest shall be suspended until such
beneficiary is no longer disabled, again as determined in the sole discretion of the Executor or
Trustee. All such determinations and decisions by the Executor and Trustee shall be final, and
the Executor and Trustee shall be indemnified and held harmless from any and all claims
resulting from such determinations and decisions.
SIXTH. I nominate, constitute and appoint ROY F. PIPER, JR., and
CATHERINE L. WASHINGER, or the surNivor thereof, to be the Co-Executors of this my
Last Will and Testament.
SEVENTH. I direct my Co-Executors to retain the services of JERRY A. WEIGLE,
ESQUIRE, with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257,
with respect to the settlement of my estate due to his familiarity with my affairs.
EIGHTH. I direct that my personal representative(s) shall not be required to give
bond for the faithful performance of their dutiesl,in any jurisdiction.
IN WITNESS WHEREOF, I, M. LOUI~,E KARPER, have hereunto set my hand and seal
to this my Last Will and Testament, written,or~_,four (4) pages, the first three pages signed for
identification only, this ! day of ' r:':>,~.~„ ~ J~,,.C,.- - , 2003.
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W@IGLE Ss ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17 2 5 7-13 9 7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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and ,the witnesses whose names are signed to the
fo mstrument, being duly qualified according to law, do depose and say that we were
present and saw M. Louise Kazper, the Testatjrix, sign and execute the instrument as her Last
Will; that she signed willingly and that she executed it as her free and voluntazy act for the
purposes therein expressed; that each of us in the hearing and sight of the Testatrix, signed the
will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen
(18) or more yeazs of age and of sound mind anid under no constraint or undue influence.
Sworn or affirmed to and subscribed before me
by
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~~
this o~~ day of~anuan,y , 2003.
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WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - tab EAST KING STREET - SHIPPENSBURG, PA 172 5 7-13 9 7