HomeMy WebLinkAbout12-30-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF >la�� ��n�� COUNTY, PENNSYLVANIA
Petitioner(s)named below,who is/are 18 years of age or older, apply(ies)for Letters as specified below,and in support thereof aver(s)
the following and respectfully requests the grant of Letters in the appropriate form:
STANLEY R.STAMBAUGH and CRAIG STAMBAUGH
Decedent's Information +_
Name: KATHRYN G STAMBAUGH File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a; Social Security No:
Date of Death: 1112912014 Age at Death: 85
Decedent was domiciled at death in �.�l„yr)QA A County, PA (State)with his/her last
principal residence at 1000 WEST SOUTH STREET,CARLISLE 17013 CARLISLE -.L)rn6JW
Street address,Post Office and Zip Code City,Township or Borough l _ County
Decedent died at )AE Ah
Street address,Post office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania........................ All personal property $
If not domiciled in Pennsylvania................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $
TOTAL ESTIMATED VALUE $ 2 T�'�t7 t�
Real estate in Pennsylvania situated at
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
[]X A. Petition for Probate and Grant of Letters Testamentary 1 ,�7-„' 1
Petitioner{s}aver{s}that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated �(11'i � ! and Codicil(s)
thereto dated
r-V
(State relevant circumstances,e.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument{s}offered for probate,Decedent did not mar ,was not divorced,w of a party to g*ndingrTl,
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§�3323(g),and did not eCthildbornej
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ;t3 t rt
QX NO EXCEPTIONS❑EXCEPTIONS tmt C-> -fit
❑B. Petition for Grant of Letters of Administration (If applicable)
c..a.; . .n.; . .n.c..a.;pe e/r1e lre; sante a sentia; fora minoritate
;��}. -11
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. V,-,7 ,
l7
Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been estabiistle s definedl"'' F rn
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
GO
n NO EXCEPTIONSF]EXCEPTIONS
Petitioners},after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additianalsheets,ifnecessary):
Name Relationship Address
MARK D.STAMBAUGH Son 517 SUSAN RD
CAMP HILL,PA 17011
CRAIG STAMBAUGH Son 8 FIREHOUSE DRIVE
LITTLE EGG HARBOR,NJ 08087
STANLEY R.STAMBAUGH Son 713 SHERWOOD RD
NEW CUMBERLAND,PA 17070
Form RW-02 rev.10-11-2011
Copyright(c)2011 form software only The Lackner Group,Inc.
Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Petitioner(s)Printed Name Petitioner(s)Printed Address
STANLEY R.STAMBAUGH 713 SHERWOOD RD
NEW CUMBERLAND,PA 17070
CRAIG STAMBAUGH 8 FIREHOUSE DRIVE
LITTLE EGG HARBOR,NJ 08087
C tTi
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30 t� G7 Ck
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoingPetition are true and correct for 1�9 bds rof the wled
belief of Petitioner(s)and that,as Personal Representative(s)of the ecedent,Petioners)will well and ruly admimste$the' stat cordinblaw.
;6 G
Sworn to or affirmed and subscribed before
me th's qday of 20l -"d
By:
a' -n
For the Register Date
BOND Required? ❑ Yes ❑ No To the Register of Wills:
FEES Please enter my appearance by my signature below:
Letters............................................ $ Attorney Signature:
( )Short Certificate(s)..........
( )Renunciation(s)...............
Aj 1 JA
( )Codicil(s).........................
( )Affidavit(s)....................... Printed Name: Richard G Scheib
Bond.............................................. Supreme Court
Commission................................... ID Number: 66721
Other
Firm Name: Scheib Law Offices
Address: 11 REITZ BLVD SUITE 102
LEWISBURG,PA 17837
Phone: 570/523-3200
Automation Fee.............................
Fax: 570/523-3311
JCSFee.........................................
TOTAL........................................... $ E-mail: tehoover@dejaud.com
DECREE OF THE REGISTER
Date of Death: 11/29/2014
Social Security No:
Estate of KATHRYN G STAMBAUGH File No:
a/k/a:
AND NOW, Deccmber 3b in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to STANLEY R.STAMBAUGH and CRAIG STAMBAUGH
in the above estate and(if applicable)that the instrument(s)dated NnI 'Z -101
described in the Petition be admitted to probate and filed of reco*str
Will(and Co icil(s))of Decedent.
Wills
copyright(c)2011 form software only The Lackner Group,Inc. Page 2 of 2
LAST WILL AND TESTAMENT
OF
KATHRYN G. STAMBAUGH
I, KATHRYN G. STAMBAUGH having my legal residence at 122 Sunset Drive, New
Cumberland, York County, Pennsylvania, 17070, do hereby declare this to be my Last Will and
Testament, revoking all other Wills and Codicils heretofore made by me.
I declare that I am married to Lloyd R. Stambaugh and that all references to my husband are to
him. I further declare the following three (3) children are born to me, Stanley R. Stambaugh, Mark
D. Stambaugh, and Craig A. Stambaugh, and all references to my children are to them.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness and
funeral be paid from my estate as soon as practicable after my death.
ITEM TWO: I give and bequeath all of my tangible personal property to my residuary
heirs, under Item Four, below as follows:
A. All items of tangible personal property shall be inventoried and valued at a fair market
value.
B. I may leave a Memorandum listing some of the items of my tangible personal property
which I wish certain persons to have and request that my wishes as set forth in the
memorandum be observed by my Personal Representative. Any items of tangible
personal property not so designated shall be divided and distributed among my residuary
heirs as follows:
1. Each of my heirs may select one item, in rotation, in order determined by lot, until
such time at which the items chosen by each heir reach such heir's proportionate
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share of the total value of my estate, or until such time as each heir wishes to make
no further selections.
2. Any items not selected shall be sold and the net proceeds added to the residue of my
estate.
3. To the extent my heirs are unable to agree, the decision as to what may constitute
"one item" for purposes of this selection shall be made by my Personal
Representative.
4. Any disputes concerning this method of allocation shall be resolved by my Personal
Representative in my Personal Representative's sole discretion.
5. To the extent my Personal Representative is unable to resolve a dispute among two
or more of my heirs concerning the in-kind distribution of any of my personal
property, I direct my Personal Representative to sell the disputed property and the
net proceeds there from be added to the residue of my estate.
ITEM THREE: I give and devise any interest I may own in any real property together with
the insurance thereon to my residuary heirs under Item Four, below. My Personal Representative
may either distribute any real property at its then fair market value to one or more of my residuary
heirs under and in accordance with Item Four below, or may sell any such real property and the net
proceeds there from be added to the residue of my estate.
ITEM FOUR: I give, bequeath and devise all of the residue of my estate, of whatsoever
nature and wheresoever situate, to my sons, STANLEY R. STAMBAUGH, MARK D.
STAMBAUGH, and CRAIG A. STAMBAUGH, in equal shares per stirpes, subject to the
provisions of Item Seven below. In determining the value of a beneficiary's share of my residuary
estate, I direct that the value of my residuary estate be augmented by the value of any personal and
real property distributed in-kind under Items Two and Three, above.
ITEM FIVE: Notwithstanding the provisions of Item Four above, in the event my
husband,LLOYD R. STAMBAUGH, survives me and it is determined by either a court or an authority
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of competent jurisdiction or in the event my Personal Representative reasonably believes that my
husband will be required to elect against my estate so to prevent him from being ineligible to receive or
to continue to receive any governmental assistance benefits, then I give to my Personal Representative
as TRUSTEE IN SEPERATE TRUST, an amount equal to my husband's statutory elective share under
20 PA C.S.A. Chapter 22, and I direct the Trustee to retain, invest, reinvest and distribute, any income
and principal of the trust share set aside for my husband, as follows:
A. The Trustee may, in the Trustee's sole discretion, may distribute for the benefit of my
husband, discretionary amounts of principal for special needs not otherwise provided
by governmental financial assistance and benefits or by the providers of services. Such
amounts shall not be distributed directly to such beneficiary.
B. "Special needs" refer to the requisites for maintaining the good health, safety and
welfare of such beneficiary when in the discretion of my Trustee such requisites are not
being provided by any public agency, office or department of any state or of the United
States. "Special needs" shall also include, but not be limited to, medical and dental
expenses, annual independent check-ups, equipment, programs of training, education,
treatment and rehabilitation, private residential care, transportation (including vehicle
purchase), maintenance, insurance and essential dietary needs. "Special needs" may
include spending money, electronic equipment such as radios,record players,television
sets, computer equipment, camping, vacations, athletic contests, movies, trips and
money to purchase appropriate gifts for relatives and friends.
C. The Trustee shall have no obligation to expend trust assets for such needs, but if the
Trustee in its sole discretion decides to expend trust assets, under no circumstances
should any amounts be paid to or reimbursed to the federal government, any state or
any governmental agency for any purpose, including for the care, support and
maintenance of my husband.
D. No part of the trust share set aside for my husband shall be used to supplant or replace
public assistance benefits of any state or federal agency which has a legal responsibility
to serve persons with illnesses or handicaps which are the same or similar to the
disorders of such beneficiary.
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E. No interest in the principal or income of the trust share set aside for such beneficiary
shall be anticipated, assigned or encumbered or shall be subject to any creditor's claim or
to legal process prior to its actual receipt by my husband. My husband is specifically
prohibited from any right to receive, demand, secure, give, assign, transfer, mortgage,
borrow against or will any trust assets or income.
F. It is my intention to conserve and maintain this trust share for the special needs of my
husband. Therefore, no part of this trust share, neither principal nor undistributed net
income, shall be subject to the claims of voluntary or involuntary creditors for the
provisions of care and services, including residential care by any public entity, office,
department or agency of any state or government agency or of the federal government of
the United States.
G. In the event it is determined by either a court or an authority of competent jurisdiction
that these trust assets render my husband ineligible to receive any governmental
assistance benefits, or if the Trustee in its sole discretion determines that
notwithstanding the provisions set forth above, this trust share may be subject to
garnishment, attachments, execution or bankruptcy proceedings by a creditor of such
beneficiary or by the federal or state government or any agency or subdivision
thereof, then my Trustee shall terminate the trust share set aside for husband and
distribute the remaining principal and accrued income pro rata to my residuary heirs
under Item Four, above,the contingent beneficiaries.
H. I request but do not direct that the contingent beneficiaries conserve, manage and
distribute the proceeds of the former trust share set aside for my husband in
accordance with the provisions as set forth above.
I. In determining whether the existence of the trust share has the effect of rendering my
husband ineligible to receive any governmental assistance benefits,the Trustee is hereby
granted full and complete discretion to initiate administrative or judicial proceedings for
the purpose of determining eligibility. All costs related thereto, including reasonable
attorney's fees, shall be a proper charge to this trust share of my husband.
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J. If my husband should die before the complete distribution of this trust estate, this
trust shall terminate and the Trustee shall distribute the balance of the trust property
to my residuary heirs under Item Four,above,my contingent beneficiaries.
ITEM SIX: Should any beneficiary of mine be under the age of twenty-five (25) years,
my Personal Representative shall hold such beneficiary's share of my estate, as Trustee, IN TRUST
and shall invest, reinvest and distribute the principal and net income of such beneficiary's share as
follows:
A. Until such beneficiary attains the age of twenty-five (25)years, my Trustee, in my Trustee's
sole but reasonable discretion,may pay or apply the income and any or all of the principal of
such beneficiary's share for the health, maintenance, support and education of such
beneficiary considering all other sources of income available to such beneficiary and known
to my Trustee. Upon such beneficiary attaining the age of twenty-five (25) years, my
Trustee shall distribute the balance of the principal and accumulated income, if any, of each
such beneficiary's share to such beneficiary.
B. Should the principal of the Trust Estate, in the sole opinion of my Trustee,be or become too
small to warrant placing or continuing of such fund in trust or should its administration be or
become impractical for any other reason,my Trustee, in the exercise of their sole discretion,
may pay such share absolutely to the person maintaining such beneficiary or may place such
shares in the beneficiary's name in an interest-bearing deposit in any bank, bank and trust
company or national banking association of his choosing, payable to the beneficiary at
majority, or if said beneficiary has reached his or her majority,then to him or her directly.
C. All shares of principal and income hereby given shall be free from anticipation, assignment,
pledge or obligation of my beneficiary(s), and shall not be subject to any execution or
attachment.
ITEM SEVEN: Should any beneficiary of mine be a Supplemental Needs
Person as defined below, such beneficiary's share of my estate shall be held, administered,
and distributed according to the provisions that follow:
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A. Distributions of Income and Principal. The Trustee shall collect income and, after
deducting all charges and expenses attributed thereto, may apply for Beneficiary's benefit,
in-kind, or in cash, so much of the income and principal (even to the extent of the whole) as
the Trustee deems advisable in the Trustee's sole and absolute discretion, subject to the
limitations set forth below. The Trustee shall add the balance of net income not paid or
applied to the principal of the Supplemental Needs Trust.
1. Maximize Benefits. Consistent with the purpose of the Supplemental Needs Trust,
before expending any amounts from the net income and/or principal of this trust, the Trustee
shall consider the availability of all benefits from government or private assistance programs
for which Beneficiary may be eligible. The Trustee, where appropriate and to the extent
possible, shall endeavor to maximize the collection and facilitate the distribution of these
benefits for Beneficiary's benefit.
2. No Reduction in Benefits. None of the income or principal of the Supplemental
Needs Trust shall be applied in such a manner as to supplant, impair or diminish any
governmental benefits or assistance for which Beneficiary may be eligible or which
Beneficiary may be receiving.
3. No Assignment. Beneficiary shall not have the power to assign, encumber, direct,
distribute or authorize distributions from the Supplemental Needs Trust.
4. Supplemental Needs Trust Savings Clause. Notwithstanding any provision to the
contrary, in the event that the Supplemental Needs Trust is challenged or faces imminent
invasion by any governmental department or agency in such a way as to affect Beneficiary's
eligibility for benefits available under any governmental program, the Trustee is empowered
to amend the trust so as to maintain Beneficiary's eligibility for benefits under such
governmental program.
5. Definition of "Supplemental Needs". "Supplemental needs" refers to the
requisites for maintaining the good health, safety, and welfare of Beneficiary when, in the
sole and absolute discretion of the Trustee, such requisites are not being provided by any
public agency, office, or department of any state or of the United States.
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"Supplemental needs" shall also include, but not be limited to, medical and dental
expenses, annual independent checkups, clothing and equipment, programs of training,
education, treatment and rehabilitation, private residential care, transportation (including
vehicle purchases), maintenance, insurance, and essential dietary needs. "Supplemental
needs"may include spending money; additional food; clothing; electronic equipment such as
radio, recording and playback, television and computer equipment; camping; vacations;
athletic contests; movies; trips; and money to purchase appropriate gifts for relatives and
friends. However, in deciding whether to make these distributions the Trustee must first
consider the impact on certain government benefits as is directed in paragraph 8. below,
entitled"Distribution Guidelines."
The Trustee shall have no obligation to expend trust assets for such needs, but if the
Trustee, in its sole and absolute discretion, decides to expend trust assets, under no
circumstances should any amounts be paid to, or reimbursed to, the federal government, any
state, or any governmental agency for any purpose, including for the care, support, and
maintenance of Beneficiary.
6. Objective to Promote Independence of Beneficiary. While actions are in the
Trustee's sole and absolute discretion, the Trustee should be mindful that it is my wish that
Beneficiary live as independently,productively, and happily as possible.
7. Not Available Resource to Beneficiary. It is my intent to create a Supplemental.
Needs Trust that conforms to Pennsylvania law, in order to provide for Beneficiary's
Supplemental Needs. I intend that the trust assets be used to supplement, not supplant,
impair or diminish, any benefits or assistance of any Federal, state, county, city, or other
governmental entity for which Beneficiary may otherwise be eligible or which Beneficiary
may be receiving. Consistent with that intent, it is my desire that, before expending any
amounts from net income and/or principal of the trust,the Trustee consider the availability of
all benefits from government or private assistance programs for which Beneficiary may be
eligible and that, where appropriate and to the extent possible, the Trustee endeavors to
maximize the collection of such benefits and to facilitate the distribution of such benefits for
the benefit of Beneficiary. All actions of the Trustee shall be directed toward carrying out
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this intent and the discretion granted the Trustee under this agreement to carry out this intent
is absolute.
For purposes of determining Beneficiary's eligibility for any such benefits, no part of
the principal or undistributed income of the Supplemental Needs Trust shall be considered
available to Beneficiary for public benefit purposes. Beneficiary shall not be considered to
have access to principal or income of the trust, and he or she has no ownership, right,
authority, or power to convert any asset into cash for his or her own use.
The Trustee shall hold, administer, and distribute all property allocated to the
Supplemental Needs Trust for the exclusive benefit of Beneficiary during his or her lifetime.
All distributions from the trust are in the sole and absolute discretion of the Trustee, and
Beneficiary is legally restricted from demanding trust assets for his or her support and
maintenance.
In the event the Trustee is requested to release principal or income of the
Supplemental Needs Trust to or on behalf of Beneficiary to pay for equipment, medication,
or services that any government agency is authorized to provide, or in the event the Trustee is
requested to petition a court or any other administrative agency for the release of trust
principal or income for this purpose, the Trustee is authorized to deny such request and is
authorized in its sole and absolute discretion to take whatever administrative or judicial steps
may be necessary to continue Beneficiary's eligibility for benefits, including obtaining legal
advice about Beneficiary's specific entitlement to public benefits and obtaining instructions
from a court of competent jurisdiction ruling that neither the trust corpus nor the trust income
is available to Beneficiary for eligibility purposes. Any expenses of the Trustee in this
regard, including reasonable attorney's fees, shall be a proper charge to the Supplemental
Needs Trust.
8. Distribution Guidelines. Consistent with the purpose of the Supplemental Needs
Trust, before expending any amounts from the net income and/or principal of the trust, the
Trustee shall consider the availability of all benefits from government or private assistance
programs for which Beneficiary may be eligible. The Trustee, where appropriate and to the
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extent possible, shall endeavor to maximize the collection and facilitate the distribution of these
benefits for the benefit of Beneficiary. In making distributions,the Trustee will:
(a) consider any other known income or resources of Beneficiary that are reasonably
available;
(b) take into consideration all entitlement benefits from any government agency, such
as Social Security Disability payments (SSDI), Medicaid, Department of Public
Welfare, Supplemental Security Income (SSI), and any other special purpose
benefits for which Beneficiary is eligible;
(c) take into consideration resource and income limitations of any such assistance
program;
(d) make expenditures so that Beneficiary's standard of living will be comfortable and
enjoyable;
(e) not be obligated or compelled to make specific payments;
(f) not pay or reimburse any amounts to any governmental agency or department,
unless proper demand is made by such governmental agency and reimbursement is
required by the state; and
(g) not be liable for any loss of benefits.
9. Use of Care Manager. The Trustee shall have the option of utilizing the services
of a Care Manager to assist in advising on how best to provide for Beneficiary's needs. The
primary objective of the Care Manager shall be to assist the Trustee to carry out the purposes
of the Supplemental Needs Trust to ensure that Beneficiary maintains a safe living situation,
receives counseling services when appropriate and lives as independently as possible.
A Care Manager shall be a professional Clinical Licensed Social Worker,
Professional Conservator, an Elder Care Coordinator associated with an elder law firm, or
care management agency that has experience in the field of assessment of conditions similar
to those of Beneficiary and is familiar with the public benefits to which Beneficiary may be
entitled.
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(a) Distribution Advisement. If the Trustee uses a Care Manager, the Care Manager
shall advise the Trustee concerning discretionary distributions to be made from the
trust that are helpful and appropriate for Beneficiary's needs including payment for
medical care, counseling services, and daily support.
(b) Care Manager Account for Periodic Payments. If the Trustee uses a Care Manager,
the Care Manager may from time to time establish periodic payments for part or all
of the payments authorized under this agreement and maintain a separate bank
account for disbursement by the Care Manager. Any account shall be carried in the
name of the Supplemental Needs Trust and shall have the trust's federal tax
identification number. At least monthly, the Care Manager shall provide
information on receipts and disbursements from this account to the Trustee. This
account shall contain no more than an amount reasonably necessary for
Beneficiary's needs for a period of sixty (60) days.
(c) The Trustee shall not be held liable for any actions of the Care Manager
unless the Trustee has actual knowledge of and gave consent or approval of
the Care Manager's proposed actions before such actions were actually
taken. The Care Manager shall not make any distributions that may cause a
reduction of public benefits unless the Trustee has consented to the
distribution.
(d) Annual Care Plan. If the Trustee uses a Care Manager, the Care Manager
shall provide to the Trustee, at least annually, a written care plan for
purposes of evaluation of Beneficiary's medical and psychosocial status.
The care plan shall include recommendations concerning resources and
services beneficial to Beneficiary.
(e) Quarterly Assessments. If the Trustee uses a Care Manager, the Care
Manager shall, at least quarterly, visit Beneficiary to assess his or her
physical and emotional needs including the appropriateness of present
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placement, monitoring attendant care, accessing required resources, making
and keeping medical appointments, and accessing socialization activities.
(f) Compensation of the Care Manager. If the Trustee uses a Care Manager, the
Care Manager shall be entitled to fair and reasonable compensation for the
services it renders. The amount of compensation shall be an amount equal
to the customary and prevailing charges for services of a similar nature
during the same period of time and in the same geographic locale.
(g) The Resignation of a Care Manager. Any Care Manager may resign by
giving thirty (30) days' written notice to the Trustee.
(h) Replacement of Care Manager. The Trustee may terminate the Care
Manager without cause and name a replacement. If a Care Manager cannot
serve for any reason,the Trustee may name a replacement, which may begin
to serve immediately. If the Care Manager must be replaced, then the
successor Care Manager shall also be a professional Clinical Licensed
Social Worker, Professional Conservator, or care management agency who
has experience in the field of assessment of conditions similar to those of
Beneficiary and is familiar with the public benefits to which Beneficiary
may be entitled.
10. No Seeking of Order to Distribute. For purposes of determining Beneficiary's state
Medicaid program equivalent eligibility,no part of the principal or undistributed income of the
Supplemental Needs Trust may be considered available to Beneficiary. The Trustee will deny
any request by Beneficiary to:
(a) release principal or income of the trust to or on behalf of Beneficiary to pay for
equipment, medication, or services that the state Medicaid program equivalent
would provide if the trust did not exist; or
(b) petition a court or any other administrative agency for the release of trust principal
or income for this purpose.
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The Trustee may, in its sole and absolute discretion, take necessary administrative or
legal steps to protect Beneficiary's Medical Assistance, including obtaining a ruling from a
court of competent jurisdiction that the trust principal is not available to Beneficiary for
purposes of determining eligibility. Expenses for this purpose, including reasonable
attorney's fees, are a proper charge to Beneficiary's Supplemental Needs Trust.
11. Indemnification of Trustee When Acting in Good Faith. The Trustee shall be
indemnified from the trust property for any loss or reduction of public benefits sustained by
Beneficiary as a result of the Trustee exercising, in good faith, the authority granted to the
Trustee under this Article.
12. Termination and Distribution of Supplemental Needs Trust. If the Trustee,in its sole
and absolute discretion, determines that Beneficiary is no longer dependent on others and is able
to provide independent support,the Trustee shall distribute or retain the remaining Supplemental
Needs Trust property according to the other provisions of my Will as though the provisions of
this Article had not been effective.
If the other provisions of my Will do not provide for the distribution or retention of
the remaining property, then the Trustee shall distribute the remaining property to
Beneficiary outright, free of trust.
"Independent support" shall be satisfied at such time as Beneficiary has been
gainfully employed for thirty-three (33) months of a thirty-six (36) month period
immediately preceding the decision to terminate the trust share.
The terms "gainful employment" and "gainfully employed" shall be construed to
mean such full-time employment that produces sufficient net income to enable Beneficiary to
contribute not less than 100 percent of the funds (exclusive of other sources of revenue) that
are necessary to provide for the independent care, support, maintenance, and education of
Beneficiary. The Trustee, in its sole and absolute discretion, shall determine whether or not
Beneficiary has satisfied the condition of gainful employment.
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13. Distribution Upon the Death of Beneficiary. Upon the death of Beneficiary,the
Trustee shall distribute or retain the remaining Supplemental Needs Trust property according to
the other Article of my Will that directed the property to be held pursuant to this Article.
If the other Article does not provide for distribution upon the death of Beneficiary,
then the Trustee shall distribute or retain the remaining Supplemental Needs Trust property
as though Beneficiary had predeceased me.
14. Waiver of Court Invasion of Principal. Under no circumstances shall
Supplemental Needs Trust principal be subject to any court-directed invasion pursuant to the
provisions of the laws of Pennsylvania or any other state.
15. Prohibition Against Beneficiary Serving as Trustee. Notwithstanding any other
provision of my Will, under no circumstances may Beneficiary serve as Trustee of any share
that is being administered for his or her benefit under the provisions of this Supplemental
Needs Trust Article.
16. Limitation on Power to Remove and Replace Trustee. Notwithstanding any other
provision of my Will, Beneficiary has the power to remove and replace the Trustee of the
Supplemental Needs Trust, but may not appoint himself or herself as the replacement
Trustee.
17. No Power to Elect Optional Unitrust. Notwithstanding any provision of my Will
or state law to the contrary, the Trustee may not elect to apply the optional unitrust
provisions under Pennsylvania law to any Supplemental Needs Trust administered under this
Article.
18. No General Power of Appointment. Notwithstanding any provision of my Will
or state law to the contrary, Beneficiary shall not have a lifetime or testamentary general
power of appointment as defined in Section 2041 of the Internal Revenue Code,.or as defined
under Pennsylvania law, or the laws of any other state.
19. Application of Item. Any decision made by the Trustee under this Article shall be
final, controlling and binding upon all beneficiaries subject to the provisions of this Article.
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20. Definition of Supplemental Needs Person. The term "Supplemental Needs
Person" means a person who: (i) is disabled; or (ii) is receiving, or is eligible to
receive, assistance or other benefits under a means-based government program (such
as Medicaid or Supplemental Security Income).
As used above, the term "disabled" means disabled as defined in United States
Code Title 42, Section 1382c(a)(3), or under Pennsylvania law related to means-
based government programs.
As used above, the term "assistance" means assistance or medical assistance
as defined in United States Code Title 42, Section 1396d(a), or under Pennsylvania
law related to means-based government programs.
ITEM EIGHT: I appoint, my son, CRAIG A. STAMBAUGH, my Personal
Representative. In the event my son, Craig, is unable or unwilling to act or continue to act as my
Personal Representative, I appoint my son, STANLEY R. STAMBAUGH, my Personal
Representative. I give to my said Personal Representative the same powers as are hereinafter given to
my Trustee. Such powers shall be in addition to those conferred by law.
ITEM NINE: I appoint my duly appointed Personal Representative, Trustee of the
Trust(s) created pursuant to Items Five, Six, and Seven above.
ITEM TEN: No bond shall be required of any fiduciary hereunder in any jurisdiction. No
fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith.
ITEM ELEVEN: I authorize my Personal Representative and Trustee to exercise the
following powers in addition to those given by law,to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of
diversification, risk or productivity;
B. To invest in all forms of property without restriction to investments authorized for any type
of fiduciary;
C. To compromise any claim or controversy;
14
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to mortgage or
pledge any real or personal property;
F. To sell at public or private sale, to exchange or to lease for any period of time, any real or
personal property, and to give options for sales, exchanges or leases, all for such prices and
upon such terms and conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem
proper;
H. To repair, alter or improve any real or personal property;
I. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the
protection of the principal;
K. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any
plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust
and to deposit securities thereunder, and to generally exercise all the rights of security
holders or employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by
delivery;
M. To add to the principal of any trust created by this instrument any real or personal property
received from any person by Deed, Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the termination
of any trust created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in trust
should be apportioned to principal or income, except stock dividends of regulated invest-
ment companies which shall be added to principal;
P. To commingle the assets of any trust estate created by this Will in any one or more common
funds for greater convenience and flexibility;
Q. To employ agents, accountants, engineers and such other persons, professional or otherwise,
as may be necessary for the proper administration of this estate or trust and to pay their
compensation from such funds; and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM TWELVE: I realize that Personal Representatives are given discretion by law
to make various elections which affect the income and estate taxes payable by estates and
beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses
as deductions for either estate or income tax purposes, selecting options for the payment of employee
death benefits, electing to take a qualified terminable interest as part of the marital deduction,
selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift
tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these
matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my
15
fiduciaries to take into consideration the total income and estate taxes payable by reason of their
decisions including those payable by my survivors, and they are authorized in their discretion, but
not required, to make adjustments between income and principal as a result thereof.
ITEM THIRTEEN: I direct that all estate, inheritance and other taxes in the nature
thereof, together with any interest and penalties thereon, becoming payable because of my death
with respect to the property constituting my gross estate for death tax purposes, whether or not such
property passes under this my Last Will and Testament, shall be paid from the principal of my
residuary estate, and no person receiving or having a beneficial interest in any such property,
whether under this my Last Will and Testament or otherwise, shall at any time be required to
contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply to
the taxes on any property included in my estate solely because of a power of appointment thereover
which I possess but have not exercised or on any qualified terminable interest or to any generation-
skipping transfer taxes.
ITEM FOURTEEN: No gift or beneficial interest shall be subject to anticipation,
assignment, pledge, obligation, or alienation of my beneficiary(s), whether voluntary or involuntary,
and the income and principal thereof shall not be subject to any execution or attachment.
ITEM FIFTEEN: If any beneficiary, person or entity in any manner, directly or
indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions of
my fiduciaries, without probable cause, such beneficiary, person or entity shall pay all costs, including
but not limited to attorneys' fees, arising in connection with such contest, attack or objection incurred
by my estate, such trust or such fiduciary personally. In the event that such beneficiary, person or entity
does not prevail in such action, any share or interest in my estate or such trust which would otherwise
pass to such beneficiary, person, entity or remainderman under this Will shall be revoked and the
property consisting of such share shall be disposed of in the manner provided herein as if that contesting
person or entity had predeceased be without surviving issue.
16
ITEM SIXTEEN: Should any of the provisions of my Will be for any reason declared
invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions
shall be wholly disregarded in interpreting this Will.
ITEM SEVENTEEN: This Will shall be construed, regulated and governed by and in
accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have at Mechanicsburg, Pennsylvania, on April 27, 2011, set
my hand and seal to this my Last Will and Testament consisting of seventeen (17) pages plus any
acknowledgement, affidavit and certification pages.
SEAL
KATHR G. STAMBAU
SIGNED, SEALED, PUBLISHED AND DECLARED BY KATHRYN G. STAMBAUGH, the
above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her
request and in her presence, and in the presence of each other, have hereunto subscribed our names
as witnesses.
04Z,
Wi ss Witn s
Address Address
17
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
. SS:
COUNTY OF CUMBERLAND
We, KATHRYN G. STAMBAUGH, To1n,r\ '(Z.,e.e,Sg-
and -T-Q Ce i r ,la L-, Ca'I , the Testatrix and the witnesses
respectively, whose names are signed to the attached or 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 Testament that she had signed willingly (or willingly directed another to sign
for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as 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 constraints or undue influence.
KATH YN G. STAMBAUG
(JO/,Zm—Z��= —
ITNESS
�AVITNESS
Subscribed, sworn to and acknowledged before me by KATHRYN G. STAMBAUGH,
the Testatrix and the witnesses, on April 27, 2011.
eat.: A
Notary Public or PA Attorney
_r
NOTARIAL SEAL
PAULA K WHITE
Notary Public
JUPPER ALLEN TWP.,CUMBERLAND COUNTY
My Commission Expires Apr 5,2012
18
ESTATE MEMORANDUM OF
KATHRYN Ga STAMBAUGH
This informal letter of instruction to my family and Personal Representative serves to
convey my personal wishes concerning distribution of selected personal effects. In any situation
where the provisions of this letter may be deemed to be inconsistent with or contrary to the terms
of my Will, or other formal Estate Planning Documents, it is my desire and intent that the
provisions of my Will and other formal Estate Planning instruments shall govern and be
controlling since I do not intend that this letter shall serve in any respect as a Will nor shall the
terms of this letter override the provisions of a Will or a Trust executed by me whether it was
signed prior or subsequent to the date of this letter.
Distribution of Personal Property
Description of Property Beneficiary
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
9. 9.
10. 10.
11. 11.
12. 12.
1
Description of Property Beneficiary
13. 13.
14. 14.
15. 15.
16. 16.
17. 17.
18. 18.
19. 19.
20. 20.
21. 21.
22. 22.
23. 23.
24. 24.
25. 25.
Other Directions To My Family:
2
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--I
RENUNCIATION � g
f— � :;0'
w,
REEGISTER OF WILLS D ►--►
COUNTY, PENNSYLVANIA -17 5 , C,
Estate of XV, Q j rV tJ 10M � Ab4L ,Deceased
, in my capacity/relationship as
Q rh Q�
(Prtn ame)
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
-tGn 1 �Q N G V cthrL �q 1 . 0a �G'��t
(Date) (Signature)
Fire Ov g,- 1)`r '' K
(Street Address)
i !-e 1j,,4e , 0162-7
(City.State.Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this 2jQtkl day party executing this renunciation and certified
ofthat he or she executed the renunciation for the
purposes stated within on this day
of ,
Deputy for Register f ills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev.10.13.06
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
C U
0
No. 2014- 01219 PA No. 21- 14- 1219
Estate Of: KATHRYN G STAMBAUGH
0 (First,Middle,Last(
Late Of: CARLISLE BOROUGH
CUMBERLAND COUNTY
Deceased
1750 Social Security No:
WHEREAS, on the 30th day of December 2014 an instrumenL�?Iated
April 27th 2011 was admitted to probate as the last will o9Q)
--0 L-
:1
KA THR YN G S TA MBA UGH rr7
(First,Middle,Last) )
C")
late of CARLISLE BOROUGH, CUMBERLAND County,
c)
who died on the 29th day of November 2014 and --ZI
WHEREAS, a true copy of the will as probated is annextAhere,4.
THEREFORE, -T, LISA M. GRAYSON, ESQ. Register of Wi 1-CP irk 6nd
for CUM13ERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARYto:
STANLEY R STAMBAUGH and CRAIG STAMBAUGH
who have duly qualified as EXECUTOR(RIX)
and have agreed to administer the estate according to law, all of which
ful l appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 30th day of December 2014.
A?gfsftte7ofWills I'ox
U
De
lul
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)