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HomeMy WebLinkAbout06-28-13 PETITIt3N Ft3R GRANT OF LETI"ERS REGISTER OF WILtS OF CUMBEFtLANd COUNTY, PENNSYl.VANIA Petitionerts)nartred heiow,who istare 18 years of age or oider,apply{ies}for Letters as speqfled below,and in support Shereof aver{s}thg following and respectfully requests the grant of 4etlene in the appropriate form: . 6ary l James �� DecedeM's Infarmatton ' Name: Cynthia K.Epler File No: 21 ( atKta: Cynthia Karen Epier atkta Cynthia Epier {Assigr»d by Register} a/k/a: , a/kla: SxialSeeurityNa: ( Date of Qe2th: 68t7712073 Age at DsBth: 62 Desedeot was domieiled at death in CumbeNand County, pA � {State) ith hislher last principal residence at 13 Colgate Drive,Camp Hfll 770N Cam Hill Cu Mdand StteetMdrasa.Faat0lfrcserMZipCOtle GBy.I'ox'nsMlqlar8a'ui+ah C Y Decedent died at 349 Fur4on Lane Cam Hill Cumberland PA Sireai atldresa,Poat�ca arM Zp Catle City,Taanehip ar Bamuph CauMy Stat Estimpte of value of decedenk's property at death: � �� K�mtaftadta Ponrrsytvanta...................... Ali�rsonai proparty $ S�O.Q00.00 !/eot domlclledln Pennsylvenia................ Personal property in Pennsylvania S Snot domiciledln PennsylvaMa................ Personai property in County $ Vatue ofrea(estate in Fenasylvania................................................................... $ 125,000.00 TOTAL ESTIMATED VALUE S 825,000.00 Resi eatWe k�PmuisY�is aiiumatl at (Attach etlU'rtronal sheets,AneCeasery) Shset etltlnas,Post Oilice and Lp CoCa Cdy,7owmtrip ar Borauph C �q, Petltien ter Pro6afa snd 6nn!ot Lett�es Testamentarv � Petitioner{s}aver(s}that hetstr�ey isJate the Executor(s)named in the Last Wiil of the Decedent,dated 06117l2Q13 �nd Codidl{s) thereto dated SteM rekvemt dreumstmws fa.fl,mnurwxeRara.tlnefhW bxecub+;etc.} Except as follows:aRer Ute execution of the instrument(s)oHered Por probate,Decedent did not mer was not divorced,wae not a arty to a ppnding divorca proceeding wherein the grounds for divorce had been estabiished as defirwd in 23 Pa.C.S.�3323(g),arx!did not have a ttd bom ar adopted;and Decedent was nefther the victim of a killing nor ever adjudicated an incapaCitated person. �NO EXCEPTIONS Q EXCEFfiIONS � ❑B. Petttion for Grant nf Lattars of A�nlnistra8on {if appiicab�ey I c.t.a.,d.6.n.,d.b.n.c.t.a.,petlente Ids,tlurante ab8enfia.tl rante minoriteM IT AdminishAaklon,c.t.e ard.C.n.c.t.a.,entar clats of Wfii�n S96tien A ahov:and co�jqiah ikt af hsira, Ezceot as follows:l7ecedent was not a party to,pe�ding div rce proceedin wherein the grou�ds for divorce hed been established�s defined in 23Pa.C.S.§3323(9)and was nefther the nictim of a kitt�ng nor ever�udicatad an incapscitated petsan : � c' �a �NO FJCCEPTIQNS Q EXCEPTIOtiS � w m Petitioner(s),efler a proper search has/have ascertained th�t Decedent left no Will and was survived by tha�ll 'ng spou�(if a aff�heiro(attach addrtior+atsheefs.ifr+ecessaty}: Co -v � �� m � ca ; c., �o p. r rv �r� Name Relationshi Address a � -n � tso � :s a � rn - �,z � -v r.� , -n D --.1 I Form/r�K(l2 rev iAit-2P1Y CopyripM(c}20f 1 farm aoflwsre only Tha Lacknew Group,Inc. Pege 7 of x Oath of Personal Representative om��e�usa o�M COMMONWEALTH OF PENNSYWANiA } -. } SS: G4UNTY dF Cumbarland } � Petitioner(s}printed Name Petitioner(s)Printed Address ;_;y ��;�� I 6ary L.James 134 Sipe Avenue Hummeiatovm,PA 17113 ,,;;3 JUN 28 Rf1 8 �? GLERl4 OF _ ,, CUMBERI.ANd GQ., P�# Tha Patitiwter{s}above-�amed swear(s}or aKirzn(sj tbe statame in tha foregoing Petltion are true and correct to the best of the kno I ��dge and belfef of Petitioner(s)and that,as Personal Representetive{s) tlent P .'' ar{s)will weil and truty administer tha estate a r in�ta _taw.�� �� � � 4� Sworn to or affirmed a� subscribad bafore �y �2 ' � me ' �� day of ,eL� J ....�. _. .. ..�..��.�_...,_.._._ oete 6y: __� o�ce FWtheRbyistBr Dete �� Any Mlnor Heirs9 Q YES � NO , BOND Required? ❑ YES � N4 To the RegfsterotWills: FEES: Pleaae enter my appeannee by my signature below: i Letters.................................._...... $ Attome� Signature: �'. ( 6 )Short Certiflcake(s)......... 25.00 , ! ( )Renunciatlon(s).............. � � . ( )COdicii(s}........................ '�. ( }AHdavit(s)..._...._........... PriMedNama: Ga .James sq. ��. 8ond.........................._........_.....__ Supreme Cou '. Commission_................_........_.... ID Number. 762 qther Firm Name: Jamos $mtth Diekterick&Ccnrxmril Ll � Address: 134 Sipe Avanue .. Nummaistawn,AA 17038 i Phone: 7i71683-32$0 ��� Automatlon Fee............................ -. JCS Fee....................................... Fax: 7171633-2796 �� TOTAL......................................... g 25.00 E-mail: 99�Isdc.com ' DECREE OF THE REGISTER Dete of peath: O6H712013 ' Scefat Security Na: 248-385061 Esrote of CvMhia K.Eplar File No: 21 a/k/a: Mhia Karen E ler aJk/a nthla E ler � AND NOW, , ,in aansidaration ot the foreg '�Pe#ition, satisfactory proof having been presented before me, IT IS DECREED that 4etters Teatemsnta are hereby granted to Ga L.James tn the sbove estate and(if appiicabley that the in8trumanf(s}dated 06/77/2013 � descri6etl in the Petition ke admitted io prabate and fiied of recortl as the last Wiii(and Cadiai(sp qf Da�dent. Registerof Wi!!s � CopY�ighl(c12011 hrtn goffw&eOrdY The Leck�r Group.kR. '��Pape 2 M 2 1D"� ! ❑ - 1'1��'.U�.l�;t}4.�} nr.t'��� �i� �:�_�i`,�;�i:i'i �� �;�'!'�_R.cJ LAST WILL AND TEST � � :ti i ��� fl�l 8 27 CYNTHIA K EPLER a/lz/a CYNTIIIA KAREN EPI,�,F��/�Cl�CYP3TFIIA EPLER I ti � ; 0�,:"r'rIAP�S' GCUR`f i I, CYN'TFIIA K. EPLER a/k/a CYNTHIA KA��{1�����"HIA EPLEI2 �tkla CYNTHIA EPLER, having my legai residence at 13 Caigate I7rive, Camp Hill, Cumbe�land County, Pennsyivania, hereby declare this to be my Last Will and Testament, revokin$ all �ther ' wills and codicils heretofore made by me. i ARTICLE ONE i � I deciare that I azn not married. ARTICLE TWO I had a son,ALAN CHRISTOPHER EPLER,who died on June 22,2010. Ai2TICLE TIiREE I dire�t the payment from my estate of the expenses of my last illness and funeral soon after my death as conveniently may be done. ARTICZE FOUR I intend ta leave a memorandum which will direct the distribution of certain it ms of tangible personal property, and I request ihat rny wishes as set forth in said memoran um be followed. To the extent that my tangibie personat pmpeity is nat flispased of by mernoran�um, all af the tangible personai praperty that I own at my death, including any household fumi e and fiuxiishings, autamobIles, books, pictures, jewelry, art objects, hobby equipment and call ctians, wearing apparel, and otlxer articles of personai and househoid use, equipment and ornamen and all inswance therean shall be diskributed to my mother, SI3IRI.EY I. KAI-ILER. If she fails to survive � me,all such items shail be disiributed with the residue of my estate. j I f i � ARTICLE FTYE , A. My Executor shaii distribute the sum of Three Thousand($3,000.00)Dollars as sbon as practical after my death to EBERLY'S MILL CHIJRCH OF GOD, 115 Creek Road, Camp�Iill, PA 37011, to be used for whatever purposes the governing body deems appropriate in memor�y of CYN'PI�iIA K. EPLER alkta CYNTHIA K:AR�N EPLER alic(a CYNTHIA EPLER and AT�AN CHRIST4PHER EPLER. B. My Executar shaii distribute the sum of Three Thausand{$3,40Q.40)Dollars as soon as praetical after my death to FICtSPICE-CENTRAL PENNSYLVANIA, 1324 Linglestawn oad, Harrisburg, PA 17110, to be sued for whatever purpases the goveming body deems appropri te in memory of CYNTHIA K. EPLER atkta CYI3THIA KAREN EPLEIt a(k!a CYNTHIA BPLE and ALAN CHRISTOPHER EPLER. ARTICLE SIX I give the rest, residue and remainder af my estate, of whatscever nature and wher ver sihaate,as follows: A. 11urry-five (3S%) percenk to my brother, R. WILLIAM KAHLER, provi ed he survives rne by thirty (30} days. If he fails ta survive me by thixty (30} days, his share s 1 be distribated to his desoendants,per stirpes. B, T'hiriy-five (35%} percent to rny nieca, ASHLYN M. KAHLER, provid she survives me by thirty (30} days. If she fails to survive me by thirty {3d} days, her share be distnbuted ta her father, R. WILLIAM ICAHLER,provided he survives me by thirty(30)da . C. Fifteen(I S°lo}percent to rny friend, HAILEY A. WEIDENHAMMER,provi ed she survives me by thirty(3d}days,to be distributed in accordance with the pravisions of Articlel Six. a � 2 � i i� , D. Fifteen(15°l0)percent to my friend,GRAYSQN J. WEIDENEiAMMER,provi�led he survives me by thirty (30} days,to be distcibuted in accordance with the pravisions of Art�cle Six. ARTICLE SEVEN Fach of the rivsts estabiished in Articie Five for HAILEY A. WEIDENHAMMER�and GRAYSON 3. WETDEI�tF:(��2v�MER shaii be held,administered and distributed as follaws: , A, My Trustea shatl pay tq or appiy far the benefit af,each beneficiary so much di the net income and principal of that beneficiary's trust share as my Trustee, in his sole discretion,d s appropriate for that benefioiary's health, educa#ion, maintenance and support, taking into consideration all other resources availabte to that beneficiary prior to making such distriburia B. My Tnistee may distribute ta or for the benefit of each beneficiary so much f the principal of that beneficiary's trust share as rny Trustee, in my T'rustee's sale discretion, shal fram time to time deern necessary or propez for that b eneficiary's health, maintenance, sup rt or education. C. When each beneficiary attains the age af thirty {30}, my Tn�stee shail distrib te the remaining balance of that beneficiary's trust share to the beneficiary,free af firust. I � D. If a beneficiary dies before the complete c3i�sibution of his or her hvst share;his or her trust share sha11 be distributed to his or her surviving sibling, in accordance with the pm ' ions of this Article Six, or if no sibling survives, ratably to the other benefiaiaries designated in 'cle Six. � i � a t � 3 � i ARTICLE EIGHT No beneficiary or remainderman under this Will or any codicii hereto or any uvst cre�ted hereunder shall have any right to alienate,encumber or hypothecate his or her interesk in this Wi}I or any codicil heretn ar any trust created hereunder in any mazrner, nor shall any interest of�any beneficiary or remaindernian be subject to clairns of his or her creditors ar liable to attac ent, execution or other process af law. ARTICLE NINE If there is no beneficiary entitled to receive ail or part of my estate, my Trnstee stsail distribute my estate ta those persons wha would be my heirs at law had I died intestate o such PTOperiy. ARTICLE TEl�i A. Restrictions on Use af Oualified Retirement Pians. Should the payment of expenses, claims and taaces from any Qualified Itetirement P an or Individual Retirament Accaunt {"IRA") assets which comprise my estate cause my estat ta be disqualified as a "Qualified Beneficiary," it is my intent, and I hareby direct that, ta the xtent pracricabla, no expenses, ciaims and taYes shall be paid fram such Qualified Retirement lan or IRA assets. B. Restrictions on Certain Pavments from iJualified Retirement Pians. The "designatian date" shall mean September 30 of the calendar year follo ng the calendar yeaz in which my death occurs, or such other date as shall be established by T easury Regulations or other ta�c law authority as the final date for determining whether my estat�meets 4 � the requirernents for treatment af my aldest beneficiary as if he or she had been narned directly as beneficiary of any qualified retirement plan payable to my estate. Notwithstanding any other pravision af mp will ar state law to the contrary, on or �fter the "designation date" no distributian ta or foz the benefit of my estate, any charity or any o�ther non-individuai benefioiary shali be made fram any qualified retirement benefit payable ta a st created under my wiii. It is my intent that all such qualified retirement benefits held or payable to my estate an ar after the designatian date be distributed to or held for only indiv�dual beneficiaries, within the meaning of Section 401{a}(9) of the Internal Revenue Code of 19 , as amended and suppiemented(the"Internal Revenue Code"). Accardingly I direct that qualified retirement benefits not be used or applied an or after the dasignation date for payment of my debts, taaces, expenses of adrninistration ar otkier c anns against my estate or for payment of estate, inheritance or similar transfer t�es due on acco t of my death (other than thase directiy attributable to and the legal obligation of a p 'culaz Qumli�ed Retirement Plan}. T"his paragraph shaii nat appiy to any beqaest or expense t is specifically directed to be funded with qualifiad retirement benefits. i C. Minirnum Rec�uired Distribution � I In administaring any hust ar custodial account created under my Will that beco�tles the beneficiary of fleath benefits under any qualified reUrement plan, the minimum r uired distribution far each qualified retirement pian for any year is the greater of(1) the valu of the qualified rerirement pian determined as af the preceding year-end, divided by the ap licable distribution periad; and{2}the amount that my trustee or custodian is required to withdra under the laws then appiicable to the trust to avaid penalty. $ i i If I die before my required begimvng date with respect to the qualified retirement plan, the applicable distribution period means the life expectancy of the beneficiary. If I die ot� or after my required beginning date with respect to a qualified retirernant plan, the applic�ble distributian period means the life expectancy af the beneficiary, or (if longer) my remainin$�life expectancy. Natuithstanding the faregoing, if I die on or after my required beginning date `th respect to a qualified retirement plan, the minimurn required beginning date with respect�to a qualified ratirament pian,the tninimum required distribution far the year of my death me s (a} the arnount that was required to be distributed to me with respect to the qualified retiremen plan during the year, minus {b} amounts acrizally distributed to me with respect to the qu ified retiremant plan during the year. "Life eacpectancy," "required begxnning date" and other similar terrns used i this subsection, is to be deternuned in accordance with 3ection 4Q1(a)(9) of the Internal Re enue Code. D. Taat Elections. In exercising any permitted eiectians regazding taa�es, my Bxecutor or custod' , as applicable, may make such decisians as they deem to be appmpriate in all the oircumstan s and my Executar or custodian, as appiicable, shall be under na duty to make any compe satary adjustment as a consequsnce of any suoh electian. My Bxecutor or custoflian, as applicab e, may alsa execute such joint tax retums and pay such taz�es or interest and deal witl� any tazc r funds, interest,or credits as he, she or it shall deem necessary or advisable,whether in the intere of the other joint ta�c payer or in the interest af my estate. 6 � My Executor, in his, her or its sole discretion, may elect to have all, none, or pazt of?tha � property comprising mX estate for federal estate ta�c purposes qualify for the federal estate�taa� mazital deduction as qualified terminable interest progerCy under Sectian 2056{B)(7) of�the Internal Revenue Code {the "QTIP election") and for any state death ta�c marital deduction u�der the law of any state {the "state QTIP Election"). My Executor is nat required to make the e election far both federai estate t� purposes and for state death tax pur}mses. If my Exe utor makes a partial QTIP electian,my Executor shall divide the est,ate on the basis of the fair m�rket value of the assets of the trust at the time of the division. ARTICLE ELEVEN I appoint GARY L. JAMES, or another member of the Trust and Estates Praotice p of the I.aw Firm of Jarnes, Smith, Dietterick & Connelly, LLP, as Trustee af any tnast shsres c eated under rny Will. ARTICLE TWEL'VE I appoint GARY L. 3AMES, or another mernber of the Trust and Estates Practice up of the Law Firm of 7ames, Smith, I?ietteriek & Cannelly, LLP, as Executor of my Will. I giv to my Execrrtar and Trustee, in add'ation ta and not in limitation of the powers given by law or b other provisians of this Will,the following powers with respect to settlement of my estate to be ex is4d from tima ta time in the discretion of my Executor or Trustee,withont further order ar licens of the Register of Wills ar of any caurt: 1. To retain any property, pending distribution hereunder, to invest in or pwc any praperiy without restriction to leg�l inveshnents far fiduoiaries, to distribute properiy in 'nd, to campramise claims,and to sell any properiy at public or private sate; I 1 7 _ i _. � 2. To boaow rnoney from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or persanal property; ; 3. Ta engage in litigation and compromi�,arbivate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in �ach, allocating specifio assets to particular disiributees on a non-prorata basis, and for such purpo s ta make reasonahle determinations of cunent values; 5. To make elecrions, decisions, concessions and settlernents in connection wit� all income, estate, int�eritance, gift or other taac retwns and the payment of such taxes, uri ixt obligation ta adjust tha distriburive share of incorne or pzincipal of any person affected thereby� 6. To invest and reinvest in every kind of property and investment which pe�ns of prudence,discretion and intelligence acquire for their oum accounts; ! 7. Tu manage,cantrai,repair and improve all real properry; 8. To procure aud carry at the expense of the estate insurance of the kinds, fo and amounts deemed advisable by the Executor ar Trustee to protect tha Executor and Trustee d the I estate against any hazard; � 4. To pay all fa7ces, assessments, fees of the Executar and Trustee and al� other expenses incurred in the collection caze, actministratian and pratection of the estate; ip. To eacercise such pawers, herein conferred, after the termu�ation of the hu estate until final distribution of the estate assets;and � I i. To da all the acts, ta take ali the proceedings, and ta exercise ali the rights,�pawers and privileges which an absolute owner of the praperty would have,subject always to the d�scharge of their fiduciary obligations; the enumeration of cerkain powers in this Will shail not i�nit the I 8 � � _� i i general ar implied pc�wers af the Executor ar Trustee; the Executor and Trustee shall hau� a11 I additionat powers that may now ar hereafter be conferred on them by law or that may be necessa�ry to enabie the Executor ar Trustee to administer the estate in accardance with the provisions of�this i Will,subjeet to any lnnitations specified in tbis Will. No bond shall be required of any fidueiary hereunder in any jurisdiction. No fidu iary hereunder shail have any liability far any mistake ar error of judgment made in good faith i My Exeoutar and Trustee shall receive reasanable compensation for services perform¢d as deternvned by the court in which tlris Wiil is admitted to pmbate. ARTICLE TI�RTEEN I realize that Executors are given discretion by law to make various elections which �ect the incoma and estate taxes payable by estates and beneficiaries, as weii as the relative s of beneficiaries, such as taking administration expenses as deductions far either estate or inco e tax purposes, selecting aprions for the payment af employea death benefits, etecting to take a q ified terminable interest as part of the rnaritai deduction, selecting atiernate valuation dates, pas ' g the payment of taxes, filing jaint income tax ar gift tax returns and redeeming carporate skoc . The decisions made by my fiduciaries in any of these matters shall be binding upon, and not sn �ect ta question by, any affected persons. I rely upon my fiduciaries ta take inta considerafion tl�e totai � income and estate tases payabie by reason of their decisions including those payable�by rny survivors,and they are aixthorized in their discretion,but not required,to rnake adjustments etween income and principal as a result thereaf. � I 9 � ` i A.RTICLE FOURTEEI�3 I direct that all estate, inheritance and other ta�ces in tha nature thereaf, tagether with any interest and penaities therean, becaming payable because of my deatlY with respect to the pro erty constituting my gross estate for death tax pwposes, whether or not such properiy passes und this Will, shall be paid from the principal of my residuary estate, and no person receiving or hav' g a beneficiai interest in any such pmperky, whether under tivs Will or otherrvise, shall at any ' e be required ta contribute ta or refiuid any pazt thereof; provided, however,that this direction s i not apply to the ta7ces on any property included in my estate solely because af a power af appointm rn thereover which I possess but have nat exercised or an any qualified tenninable interest or any generation-skipping transfer ta�tes. � IN WI'I'NESS WHEREOF, I hava at Hershey, Pennaylvania, this �� y af '�!rUx� 2413, sat my hand and seal ta this my Last Will and Testament, consisting f ten {14)pages. � i �. r�'.5�.,�_ ti� �� � C K. EPLER � SIGNELI, SEALEI3, PLTBLISHED and I7ECLAREI} by CYNT`FiIA K. EPLE a(kfa CYN'THIA KAR�N EPLER alkJa CYNTHLA EPLBR, the above named Testatrix, as and or her Last Wiil and Testament, in the presence of us, who, at her request and in her presence, an 'vn ihe presence of each other,have hereunto subseribed our names as witnesses. ����e2�CdS��� Residence ������ �ic�Srr.�+C(/.LG�v' Residence G-GlYy.{��� 7� I TO _._ � ACKNC?WLEDGEMENT COMMONWEALTH OF PENNSYLVAIVIA . I : SS: CQi.JNTY OF DALTFHIN . We, CYNTHIA K. EPLER a/k/a CI'NTHIA TCAI2EN EPLER alkla CYNT"HIA EP ER, ft�jt h�//./���/'"' and J�W�R,Q !7�'�,!'b"� , Testatrix and wim sses, respectively, whose naznas aze signed to the attact�ed and faregoing instroment, being first du1y. sworn, do hereby declaze to tha undersigned authority that the Testatrix signed and execu the ' inshvment as her Last Will and that she had signed willingly, and that she executed it as he &ee and voluntary act for the purpose therein expressed, and that each of the witnesses, in the pr ce and hearing of the Testatrix, signed the Will as witnesses and that ta the best af hislher kno ledge the Testatrix was at that time eighteen years af age or oider, of saund mind and under no co traint or undue influence. I C,��._.�..,:,,a.. u,. �.�.�a TESTA'T12qX _,il1 L%�!/ ,,1�.,� WITNESS ���L(�� WITNESS Subscribed and swom ta and acknowledged before me by CYNTHIA K. EPL a/k/a CYNTHIA KARIiN,EfPLER a!k/a CI'NTH1A EPLER, the Testatrix, and subscribed and orn to before me bY Ht_-�C1J�f'Gt���'" and t�ct/q,tt? ,1'�EcX+�"e t witnesses,an this MAY 1 7 20f3 I , � �.° ��,t'��-+.�a G7t<t;°7�;+J1%hLTti OF PENNSYLVAh'IA Ot3T}'PUI7ISC � PlcCdriai_qBa{ LR�9r f.4'ette[lwff:NoYarY n hr�r � U ryT�sp.,Uauphin Coii . � ..rnlssonEr�Pire5NOV s ��l5 i i. .... .;^i'tik1VCVANW Ar50CfATI6N OP MPFARSES �