HomeMy WebLinkAbout03-20-06
IN RE: SHIRLEY A. GINGERICH,
An Alleged,
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ,j.I-OCo - OJ 4 '~,
On the petition of Sharon parthemore
PETITION UNDER SECTIONS 5511, 5521(b), and 5536(b) OF THE
PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDICATE
SHIRLEY A. GINGERICH INCAPACITATED AND TO APPOINT
A LIMITED GUARDIAN OF HER PERSON FOR THE
SOLE PURPOSE OF SELLING HER FORMER RESIDENCE
TO THE HONORABLE ORPHANS' COURT JUDGE:
1. Petitioner is Sharon Parthemore, the adult biological
daughter ("Ms. Parthemore") of the alleged incapacitated person,
Shirley A. Gingerich ("Ms. Gingerich").
2. Ms. Gingerich, a United States citizen, 1S 78 years old
and is currently a resident at Messiah Village, 100 Mt. Allen
Drive, Mechanicsburg, Pennsylvania.
3. To the best of petitioner's information and belief, Ms.
Gingerich has the following next of kin and other interested
parties entitled to notice of this proceeding:
Sandra K. Seckinger
(Agent/Attorney-in-Fact, Niece, and Beneficiary 1n Will)
1302 Strafford Road
Camp Hill, PA 17011
\:t~,.
Deborah L. Haley
(Niece and Beneficiary)
2315 Green Street
Harrisburg, PA 17110
Erin parthemore
(Granddaughter and Beneficiary)
429 N. Second Street
Wormleysburg, PA 17043
Sharon parthemore
(Daughter, Beneficiary, and Proposed Limited Guardian)
429 N. Second Street
Wormleysburg, PA 17043
R. Lynn Magargle, M.D.
(Personal Physician)
3335 Market Street
Camp Hill, PA 17011
4. petitioner is qualified to file this petition, because
she lS Ms. Gingerich's daughter, is interested in her welfare,
and is familiar with her medical condition.
5. The name and address of the person or institution most
recently providing residential or nursing care services to Ms.
Gingerich are as follows: Messiah Village, 100 Mt. Allen Drive,
Mechanicsburg, Pennsylvania.
6. The name and address of other service providers are as
follows: None.
7. On information and belief, Ms. Gingerich was not a
member of the United States Armed Services and has not been a
resident in a Veterans Administration Hospital. On information
2
and belief, Ms. Gingerich does not receive any benefits from the
United States Veterans Administration.
8. petitioner consents to serving as Ms. Gingerich's
limited financial guardian for the sole purpose of selling her
former residence. The proposed guardian's consent is attached to
this petition as Exhibit "A. I'
9. This Court has jurisdiction under 20 Pa. C.S.
~~711(10), 5512(a), because Ms. Gingerich, the alleged
incapacitated person, currently resides in Cumberland County,
Pennsylvania.
10. On information and belief, no court has ever assumed
jurisdiction in any proceeding to appoint a guardian or trustee
or to determine whether Ms. Gingerich is incapacitated.
11. Ms. Gingerich has a written power of attorney under
which she has named her niece, Sandra K. Seckinger, as
agent/attorney-in-fact. Attached as Exhibit "B" is a copy of the
special power of attorney for disability signed by Ms. Gingerich
on February 25, 1997.
12. Ms. Gingerich has also signed a health care declaration
(living will) and special power of attorney, under which she
appointed Ms. Seckinger as surrogate/agent. Attached as Exhibit
3
"e" is a copy of the health care declaration and special power of
attorney signed by Ms. Gingerich on February 25, 1997.
13. On February 25, 1997, Ms. Gingerich also signed her
last will and testament, a copy of which is attached as Exhibit
"D. 11
14. For the following reasons, petitioner requests that she
be appointed limited financial guardian for the sole and limited
purpose of selling Ms. Gingerich's former residence:
(a) Ms. Gingerich is partially or totally
incapacitated as alleged below;
(b) Ms. Gingerich will need continued care at Messiah
Village and will not be returning to her former residence at 119
N. Second Street, Wormleysburg, Pennsylvania;
(c) the attached power of attorney does not authorize
her attorney-in-fact, Ms. Seckinger, to engage in real estate
transactions, including the proposed sale of Ms. Gingerich's
former residence;
(d) a proposed buyer, Sean Allewelt, has signed an
agreement to purchase Ms. Gingerich's former residence, subject
to petitioner's being appointed limited financial guardian;
At tached as Exhibit" E 11 is a copy of the Agreement for the Sale
4
and Purchase of Real Estate, which calls for a sale price of
$65,000;
(e) Ms. Gingerich's former residence is vacant and is
a wasting asset which requires continuing payment of maintenance
expenses, utilities, and taxes;
(f) the proposed sale is in Ms. Gingerich's best
interests, because it would provide an added source of funds for
her care, and because the house will have to be sold if and when
Ms. Gingerich becomes eligible for medical assistance; and
(g) Ms. Gingerich's attorney-in-fact and closest next
of kin consent to the requested relief. Attached as Exhibit "F"
are the consents of those individuals.
15. The functional limitations and the physical and mental
condition of Ms. Gingerich are as follows:
(a) on March 3, 2004, Ms. Gingerich was admitted to
Messiah Village with certain preliminary diagnoses including:
Alzheimer's, depression, and asthmatic bronchitis;
(b) according to her treating physician, Dr. Magargle,
Ms. Gingerich suffers from irreversible conditions which impair
her capacity to receive and evaluate information effectively, and
which impair her ability to meet essential requirements for her
physical health and safety;
5
(c) according to Dr Magargle, Ms. Gingerich is an
"incapacitated person" within the meaning of Section 5501 of the
Probate, Estates, and Fiduciaries Code, 20 Pa. C.S. ~5501; and
(d) according to Dr. Magargle, Ms. Gingerich's
physical and mental condition is relatively stable, but is not
likely to improve in the future.
16. The following steps have been taken to determine
whether there are less restrictive alternatives to the
appointment of a limited guardian:
(a) an investigation as to whether Ms. Gingerich has a
living spouse or next of kin who has signed a durable power of
attorney, authorizing the proposed sale;
(b) inquiries with the proposed title company about
whether it would insure buyer's title without the appointment of
a limited financial guardian; and
(c) confirmation that the limited guardianship is
appropriate and that all other financial and health decisions can
continue to be made by Ms. Seckinger under the extant financial
and medical powers of attorney.
17. If the Court determines that Ms. Gingerich is partially
incapacitated and in need of limited guardianship services of the
6
estate, petitioner requests that the proposed guardian be granted
powers to act for Ms. Gingerich in the following specific areas:
(a) authorizing petitioner to sign the attached
agreement of sale and all other documents needed to convey title
to the proposed buyer, including the settlement sheet, seller's
affidavit, and deed; and
(b) acting with such other powers as are incidental to
or related to the foregoing.
18. A plenary guardian of the person and estate of Ms.
Gingerich is not necessary and appropriate in that:
(a) Ms. Gingerich's principal assets consist of the
following: her former residence which has a tax assessed value
of roughly $70,000; certificate of deposits and cash equivalents
totaling roughly $200,000; and nursing care insurance which will
cover her care until sometime in 2008;
(b) if petitioner is appointed and the proposed sale
is consummated, the net sale proceeds can be transferred from Ms.
Gingerich's guardian to her agentjattorney-in-fact without the
needless ongoing burden and administrative expense of a
guardianship; and
(c) all parties in interest consent to the proposed
guardian's limited role and temporary powers and request that the
7
Court waive any need for the guardian to post bond in connection
with the appointment or the proposed sale.
19. The proposed guardian has the following qualifications:
(a) petitioner is qualified to file this petition,
because she is Ms. Gingerich's daughter, is interested in her
welfare, and is familiar with her medical condition;
(b) petitioner has no interest which is adverse to her
mother; and
(c) all parties in interest consent to petitioner's
proposed appointment and requested relief, as indicated in the
attached consents marked Exhibit F.
WHEREFORE, pursuant to Sections 5511, 5521(b), and 5536(b)
of the Probate, Estates, and Fiduciaries Code, petitioner
respectfully requests that this Honorable Court issue a
preliminary decree in substantially the form accompanying this
petition, directing that all parties in interest show cause why
Shirley A. Gingerich should not be adjudged a partially
incapacitated person and why Sharon parthemore should not be
appointed a limited guardian of her estate for the sole and
limited purpose of selling Ms. Gingerich's former residence and
delivering the net sale proceeds to Ms. Gingerich's attorney-in-
8
fact, Sandra K. Seckinger. petitioner requests such other relief
as the Court may deem necessary or appropriate.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: '3 /r~/c> b
By:
~~
Bradford Dorrance
I.D. No. 32147
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8014
(Attorneys for Petitioner)
9
IN RE: SHIRLEY A. GINGERICH,
An Alleged
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
On the Petition of Sharon Parthemore
CONSENT TO APPOINTMENT AS LIMITED FINANCIAL GUARDIAN
1. The name of the proposed limited financial guardian lS:
Sharon Parthemore.
2. The proposed guardian's principal address lS: 429 N.
Second Street, Wormleysburg, PA 17043.
3. The proposed guardian is the biological daughter of Ms.
Gingrich, the alleged incapacitated person.
4. The proposed guardian speaks, reads, and writes the
English language, and is a citizen of the United States.
5. The proposed guardian does not have an interest adverse
to the alleged incapacitated person.
6. The proposed guardian is not a fiduciary, or an officer
or employee of a corporate fiduciary, of an estate in
which the alleged incapacitated person has an interest; and is
not the surety, or an officer or employee of a corporate surety
of such fiduciary.
7. The proposed guardian consents to act as limited
guardian of the estate of Ms. Gingerich for the sole purpose set
forth
in the petition.
Dated:
! I / 30/ Dr
f t.
JJ Q,;;,
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Sharon Parthemore
SPECIAL POWER OF ATTORNEY FOR DISABILITY
I, SHIRLEY A. GINGERICH, of Wormleysburg, Cumberland County,
Pennsylvania, do hereby appoint my niece, Sandra K. Seckinger, of
Camp Hill, Cumberland County, Pennsylvania, my true and lawful
attorney, for me and in my name:
(a) To receive, endorse, and collect proceeds of checks
payable to my order, and to deposit in my name and for my account
with any bank or savings institution, any check, moneys, bills of
exchange, drafts, promissory notes and other orders or securities
for money payable or belonging to me, and for that purpose to
sign my name and endorse the same for deposit or collection;
(b) To withdraw funds from any bank account held in my name
for the purpose of paying any of my legal debts or meeting any
expense incurred for my benefit, and for that purpose to draw in
my name checks, drafts or other orders for the payment of money;
(c) To retain any Certificates of Deposit that I may own at
the time of the signing of this instrument or my subsequent
disability; and to reinvest the proceeds of any such certificate
that matures only in money market accounts or certificates of
deposit at insured banking or savings institutions, or, if
necessary, to deposit such proceeds in my checking account for
the purpose of paying my necessary expenses.
(d) To make, execute, endorse, accept, collect and deliver
any and all bills of exchange, checks, drafts, notes and trade
acceptances; and to pay all sums of money that may hereafter be
owing by me upon any bill of exchange, check, draft, notes or
trade acceptance, made, executed, endorsed, accepted and
delivered by me, or for me, and in my name, by my said attorney;
(e) To receive on my behalf any gifts, legacies or bequests
given to me from any person or persons, individual, corporation
or fiduciary and to give proper receipt and releases therefor
upon the receipt thereof;
(f) To prepare, execute and file estimated, final and
amended federal, state and local income tax returns, estate and
gift and other tax returns and make payments on account thereof
in my name;
(g) To deal with governmental agencies on my behalf,
including, but not limited to, the Internal Revenue Service, the
Department of Health and Human Services, the Pennsylvania
Department of Public Welfare, the Pennsylvania Department of
Revenue and all local taxing authorities.
This Power of Attorney shall become effective only upon my
disability or incapacity to conduct my affairs, which may be
established for all purposes hereunder by the opinion of a
licensed physician who is familiar with my medical condition, and
shall continue in effect during such disability or incapacity.
In the event my attorney shall become unwilling or unable to
act on my behalf under this Power of Attorney, whether due to
death, disability, incapacity, resignation, renunciation,
~
G
revocation, or any other reason, I appoint my niece, Deborah L.
Haley, as my attorney's successor, with full powers to act
hereunder.
IN WITNESS
this ...A~ dI day
WHEREOF, I have hereunto
vi,
of -f.J:?tuULt~-iA...t>- , 199 7 .
I I
set my hand and seal
Presence of:
//
1:Y;~ /1 ~~/~
Jtt~~ r1, ,f;"",~ d (SEAL)
Shlrley A. Glng~rlch
3
HEALTH CARE DECLARATION
AND SPECIAL POWER OF ATTORNEY
Ie Declaration
I, Shirley A. Gingerich~ being of sound mind, willfully and
voluntarily make this Health Care Declaration ("Declaration") to
be followed if I become incapacitated. This Declaration reflects
my firm and settled commitment to refuse life-sustaining
trea'tment under the circumstances indicated below.
If I should be in a terminal condition or in a state of
permanent unconsciousness, I direct my attending physician to
withhold or withdraw life-sustaining treatment that serves only
to prolong the process of my dying. I direct that treatment be
limited to measures to keep me comfortable and to relieve pain,
including any pain that might occur by withholding or withdrawing
life-sustaining treatment.
In addition, if I am in the condition described above, I
feel especially strong about the following forms of treatment:
A'(I ~/do not want cardiac resuscitation.
JarI ~/dO not want mechanical respiration.
;B~ .~/dO not want tube feeding or any other artificial or
invasive form of nutrition (food) or hydration (water).
1~tI ~!dO not want blood or blood products.
"
~~ ~/do not want any form of surgery or invasive diagnostic
. II ,,/
tests.
pilI ~/dO not want kidney dialysis.
~fI~/dO not want antibiotics.
'The absence of any type of life-sustaining treatment from
the foregoing list should not be interpreted as my consent to
such treatment. It is my intent to reject all forms of treatment
that serve only to prolong the process of dying or to maintain me
In a state of permanent unconsciousness.
By a Special Power of Attorney executed simultaneously with
this Declaration, the terms of which are incorporated herein by
reference, I have appointed my niece, Sandra K. Seckinger, as my
attorney and agent to make treatment decisions for me in
accordance with this Declaration.
I have made this Declaration on the
\'1{j,i~(A,__ {l/&-~/--- 19 9 7 .
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day of
0~?L~~ ?t-"j~~;~~(d~
shirley A~ Gingericfi
119 North Second Street
Wormleysburg, PA 17043
The declarant knowingly and voluntarily signed this writing
by signature in my presence.
witness's Address:
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witness's signature:
witness's Address:
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Witness's Signature:
-2-
II. Special Power of Attorney
I, Shirley A. Gingerich, do hereby appoint my neice, Sandra
K. Seckinger, my true and lawful attorney (limy Attorney"), with
full power and authority to act and make decisions on my behalf
regarding my health care as enumerated below. My Attorney shall
have the following powers with respect to my personal care and
medical treatment:
1. To make any and all decisions respecting my
medical treatment, including: the power to carry out
the wishes expressed in my foregoing Declaration, which
is being executed simultaneously herewith; and the
power to determine when and what treatments are to be
provided and what treatments are to be withheld,
continued, or discontinued.
2. As medical treatment is defined herein, this
grant of authority includes, without limitation, full
power acting on my behalf to determine whether
maintenance of respiration, by means of a ventilator or
otherwise, and nutrition and hydration by means of
physical or surgical intubation, intravenous injection,
or otherwise are to be undertaken or, once undertaken,
are to be continued or discontinued.
3. To authorize or to decline to authorize my
admission to a medical, nursing, residential or other
health care facility for any kind of health care or
treatment and to enter into agreements on my behalf for
my care.
4. To exercise full power acting on my behalf to
authorize or to decline any treatment when, in my
Attorney's judgment, the recommended action would be in
my best interest, taking into account my medical
condition at the time, the prognosis for recovery, my
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wishes as expressed in my Declaration, and all other
factors that my Attorney deems appropriate.
5. To sign any and all consents required for the
provision of medical treatment, and to sign any and all
waivers of liability on my behalf to the extent
reasonably required by providers to secure their good
faith compliance with a decision to withhold or, once
begun, to discontinue any medical treatment.
6. To request, obtain, receive, and inspect any
and all information bearing upon my health and relevant
to any determinations to be made respecting my medical
treatment; to sign whatever authorizations for release
of information may be required by providers or others;
and to waive any rights I may have for breach of
confidentiality of medical records for release of such
information to my Attorney.
7. To retain counsel and to take any and all
legal actions on my behalf and in my name that may be
necessary or appropriate to obtain compliance with my
wishes as expressed in my Declaration or as determined
by my Attorney, including action to secure appointment
of a conservator, guardian, or committee, to obtain a
declaratory judgment, and to seek injunctive relief and
damages.
8. To do and perform every act and thing
necessary or appropriate with respect to my medical
care and treatment, and to exercise the powers granted
in this power of attorney as fully as I might or could
do if personally present and acting for myself.
This special power of attorney shall take effect upon my
incapacity to make or communicate decisions regarding my care, as
certified in writing by my attending physician. During my
disability or incapacity, I direct that my above-named attorney
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(or my attorney's successor) exercise the powers granted
hereunder in a manner consistent with the foregoing Declaration.
This special power of attorney is not intended to supersede or
amend any General Power of Attorney executed by me. In the event
of any inconsistency or conflict between the powers granted in
this Special Power of Attorney and any General Power of Attorney,
the powers granted in the General Power of Attorney shall control
in all respects, excepting those specific powers expressly set
forth herein.
WITNESS:
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shirley AZ Gingeri6h
119 North Second Street
Wormleysburg, PA 17043
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~Jpk ('--
55:
""2"'"-11,-
On this, the ,~...:) day of
h,k)\~'vca< \'\~, 1997, before
/
me, the undersigned officer, personally appeared Shirley A.
Gingerich known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set':rnyJ;?-and and off icial
seal.
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~ a i'rV~,1 - t. /..~-6r"-0
NOTARY PUBLIC /
I NOTARIAL SEAL
~---;;MEL.A ~s, WOLFE, Notary Public
I City of Herrisburg, Dauphin County
,"_,~~YS\lrnfT1ission Expires Dl'IC, 6, 1999
-5-
LAST WILL AND TESTAMENT OF
SHIRLEY A. GINGERICH
I, Shirley A. Gingerich of Wormleysburg, Cumberland County,
Pennsylvania, hereby adopt this as my Will, hereby revoking any
earlier wills.
1. Payment of Debts.
I direct that all my debts and funeral expenses be paid out
of my estate by my Executor.
2. Personal Property.
A. I give all of my personal property to my executor, to be
distributed among the persons named in section 3 of this will.
In the event of any disagreement as to any particular items of
personal property, my executor's decision shall be final.
B. Any personal property not distributed in kind pursuant
to paragraph 2.A above shall be sold and the proceeds added to my
residuary estate.
3. Real Property
I direct that my residence and any other real property to
which I hold title at the time of my death be sold and the
proceeds added to my residuary estate.
4. Residuary Estate.
A. I give seventy percent (70%) of my residuary estate to
my granddaughter, Erin Lynn Parthemore, of Wormleysburg,
Pennsylvania. If Erin Lynn Parthemore should predecease me, then
I give her share to any issue of hers then living in equal per
stirpes shares. If no such issue shall then be living, then Erin
Lynn Parthemore's share shall be given to my daughter, Sharon
Parthemore, and my nieces, Sandra K. Seckinger and Deborah L.
Haley in equal shares if all are living. If any of them shall
not be living, then the entire share shall be divided between the
survivors, or if only one is living that person shall receive the
entire share.
B. I give ten percent (10%) of my residuary estate to my
daughter, Sharon Parthemore, of Wormleysburg, Pennsylvania. If
my daughter should predecease me, then her share shall be added
to the share passing to Erin Lynn Parthemore under paragraph 4.A
if this Will.
c. I give ten percent (10%) of my residuary estate to my
niece, Sandra K. Seckinger, of Camp Hill, Pennsylvania. Ii
Sandra K. Seckinger should predecease me, then her share shall be
added to the share passing to Erin Lynn Parthemore under
paragraph 4.A if this will.
D. I give ten percent (10%) of my residuary estate to my
niece, Deborah L. Haley of Harrisburg, Pennsylvania. If Deborah
L. Haley should predecease me, then her share shall be added to
-2-
the share passing to Erin Lynn Parthemore under paragraph 4.A if
this will.
D. If no persons entitled to take under the foregoing
paragraphs 4.A through 4.C are living at the time of my death,
then I give my entire residuary estate to the intestate heirs of
Deborah L. Haley and Sandra K. Seckinger in equal shares.
5. Taxes
All estate, inheritance, legacy, succession or transfer
taxes (including any interest and penalties thereon) imposed by
any domestic or foreign laws now or hereafter in force with
respect to all property passing under this will shall be paid by
my Executor out of that part of my residuary estate passing under
section 4 of this will, with each beneficiary bearing the share
of tax attributable to his or her bequest.
6. Executor
A. I appoint my niece, Sandra K. Seckinger, of Camp Hill,
Pennsylvania, as Executor of this will.
B. If Sandra K. Seckinger is unable or unwilling at any
time to serve as such Executor, then I appoint my niece, Deborah
L. Haley of Harrisburg, Pennsylvania as my Executor.
C. I hereby expressly authorize and empower my Executor, in
his or her absolute discretion, to exercise any and all powers
applicable by law to fiduciaries in the Commonwealth of
Pennsylvania and in particular through the Pennsylvania Probate,
-3-
Estates and Fiduciaries Code, as effective and as in effect on
the date hereof, during the administration and until the
completion of the distribution of my estate. I direct that all
such powers shall be construed in the broadest possible manner
and shall be exercisable without court authorization.
D. I direct that any Executor serve without bond in any
jurisdiction in which called upon to act.
E. It is my intent that my Executor not claim a commission
for services on behalf of my estate, but shall be entitled to
reimbursement for reasonable expenses.
6. Trust provisions
If any share hereunder becomes distributable to a
beneficiary who has not attained the age of twenty-three years,
then such share shall be held in trust by my Trustee, PNC Bank
(or its successor institution) until such beneficiary attains the
age of twenty-three years, using so much of the net income and
principal of such share as my Trustee deems necessary to provide
for the proper medical care, education, support and maintenance
in reasonable comfort of such beneficiary, taking into
consideration any other income or resources of such beneficiary
or his or her parents known to my Trustee. Any income not so
applied for such purposes shall be accumulated and added to
principal. Such beneficiary's share shall be paid over and
distributed to such beneficiary upon attaining the age of twenty-
three years, or if he or she shall sooner die, to his or her
-4-
executors or administrators. I recommend that my Trustee
consider distributing all income from such share to such
beneficiary when such beneficiary attains the age of twenty-one
years.
Should the share of any beneficiary described in this
section be, in the discretion of my Trustee, too small to warrant
holding and administering the funds in a bank trust account, I
authorize my Trustee to pay that beneficiary's share directly to
the beneficiary, or, alternatively, to invest the entire bequest
in the beneficiary's name in a certificate of Deposit or other
time deposit, maturing on or near the beneficiary's twenty-first
birthday.
IN WITNESS WHEREOF, I, SHIRLEY A. GINGERICH, the Testator,
have executed this five page will this ~6~~~ day of
'--'/ '
"'- Jt..tiVL,LLd--kt 1997 .
SIGNED, SEALED, PUBLISHED
AND DECLARED by the above
named, Shirley A. Gingerich
as and for her Last will and
Testament, in the presence
of us who have hereunto
subscribed our names at her }
request as witnesses thereto, )
in the presence of the said )
Testatrix and of each other. )
)
)
)
)
)
)
)
~'ii2e.:l &: fL",-:?u U; (S EAL)
SHIRLEY A. ~INGERICH
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SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
.
.
COUNTY OF...cUMln~IR.:bMffJ -01\'0, f'1i I r-1 :
SS.
,./)
//
We, Shirley A. Gingerich, 1)1 '-H9 /J L {I t-V L---'
and'll-! 0 II /f--S E. f/l/ rz;-JJ , 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
her will and that she 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
Testator, signed the will as witness and to the best of his or
her knowledge the Testator was at that time eighteen (18) years
of age or older, of sound mind, and under no constraint or undue
influence.
/V., /" /1j v
v&~4itt ;ZtL~<Lj~.J
. Shirlef A. Ginge~ich, Testator
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1f~. !l ( , ~r&'1l-e _
Subscribed, sworn to, and acknowledged before me by Shirley A.
Gin:~~ch, ,the T~stator, and sU~,ed. ~nd ;.worn !t~ before me by
;l ) ! fa.. /I ~/ (/~ , and jhJll \C2S c/., t..AJc)(",.J/ ,
witnesses, this C?S IfdaY of hbr"-,,, ~/ ~ > :,' 19:~.
Ik/))'w~Y/-J ~~/G?
Notary PubllC /
-6-
'I----.-..-~~~;-.R-.--I A-L-'~~:'PA"~L-----'-'~-'~-I
1...,\__11/"\, . ~~ .
I Pf-\f,1El.A S WOLFE, Notary Public i
! Citv of H8irisburg, Dauphin CoUi~ty J
! ~'iv :.~;.~iT1!:':I5'~._~?iJ}r6~__~)ec 6, 1S8~_j
JAN-31-2006(TUE) 12: 18
CHELSEA SETTLEMENT
(FAX)717 72d 2171
P 002/013
AGREEMENT FOR THE SALE
AND PURCHASE OF REAL EST A TE
~(p
This Agreement made the day of . 2~, by and between,
SHIRLEY A. GINGERICH (herein the "Seller") with an address of 1302 STRAFFORD
ROAD, CAMP HILL, PA 17011 and SEAN ALLEWELT (herein the "Buyer") with an
address of 121 NORTH SECOND STREET, WORMLEYSBURG, PA 17043.
BA!=_KGROUND
The Seller is the owner of 119 NORTH SECOND STREET, WORMLEYSBURG, PA
17043 (hereinafter referred to as the "Property"), a more specific legal description of which shall
be attach cd hereto as Exhibit "A."
According to her treating physician. Seller is mentally incapacitated and incapable
of understanding this Agreement and conveying title to Buyer. Buyer has requested that a
fmaneial guardian be appointed by the Cumberland County Court of Common Pleas
(Orphan's Court Division), authorizing Seller's guardian to sign this Agreement and all
other documents necessary to consummate the proposed sale.
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein and INTENDING TO BE LEGALLY BOUND, the parties do hereby agree as
follows:
ARTICLE 1
SALE AND PURC_BASE
1.1 Purchase Price. Seller agrees to sell and Buyer agrees to purchase the Property for
the purchase price of:
SIXTY-FIVE THOUSAND DOLLARS ( $65,000.00 )-
Seller's initials:
Buyer's lnitials: < ~
Page 1 of11
JRN-31-20050UE) 12: 18
CHELSER SETTLEMENT
(FRX)717 724 2171
P 003/UI:I
The purchase pricc is payable as follows:
Cash to Seller at signing of this Agreement $ 0.00
[ ] Seller will retain this money at closing.
[ ] Seller will provide this money to the title company at closing.
Cash to Seller at settlement $
Seller shall provide "Seller's Assistance"
up to the amount of: $
or up to _ % of the sales price.
TOT AL PURCHASE PRICE
$
65,000.00
1.2. Acceptance. Signature affixed hereto indicatc the parties' intention to be bound to
this af,'"fccmcnt.
t\RT1CL E II
SETT~EMENT AND REPRESENT A TION
2.1 Settlement Date. Settlement shall be made within 45 days after any court
appointment of Seller's financial guardian. Any final Order shall be attached to and made a part
of this Agreement as Exhibit "8." Settlement shall be hdd at CHELSEA SETTLEMENT
SERVICES, mc.. 3800 MARKET STRpET, CAMP HILL, PA 17011, unless otherwise
agreed between the parties. The date of settlement may be extended only by written agreement
of all the parties hereto.
ARTICLE III
POSSESSION
3.1 Delivery. Physical possession of the Property shall be delivered to thc Buyer at the
time of settlement by delivery of deed and keys. Formal tender of an executed deed and
purchase money is hereby waived.
Seller's Initials:
Buyer's Initials: ~I+--
Page 2 ofll
MRR-03-2005(FRI) 11: a5
717 724 2171
[HELSER SETTLEMENT
(FRX)717 72a 2171
P 002/003
ARTICLE TV
REPRESENTATIONS AND WARRANTIES
4.1 General. The representations and warranties herein. unless expressly stated
otherwise, arc made aq of the date of this Al:"rreement and shall survive Settlement. The parties
represent and warrant. as follows:
a At Settlement, the Seller shall convey, by fiduciary deed, good and marketable
fee simple title to the Property, insurablc by a title insurance COmpany licensed to do business in
PennsylvWlia, free of all liens, encumbrances, leases, easements and restrictions except
easements for utility services to the Property, easements and restrictions of record and casements
apparent upon reasonable physical insp~ction of the Property. Seller has disclosed to Buyer that
a gamge on the property known as 121 North Second Street, Wormleysburg, PA 17043, is or may
be encroaching on the Property, and Buyer accepts Seller's title subject to any such
encroachment, and any claim of adverse possession or other claim to Seller's title.
b. To the best of Seller's knowledge and belief, no present use or condition of the
Property violates any enforceable building or use restriction. Seller makes no representation and
warranties as to the condition ofthc land. dwelling, the mechanical and HVAC systems, and the
improvements, fixtures. appliances, and other personal property in the Property. Buyer
understands and agrees that this conveyance is made by Seller on an "as is, with all faults" basis.
c. Seller warranls that this property is serviced by:
[x] public water
[ x] public sewer
l. ] septic system
[ ] well water
which [ x] are fully [ ] not fully paid for and, Seller has disclosed all problems or defects with
sai d system.
Any repairs to said system will be thc responsibility of:
[x] Buyer
[ ] Seller
Selle.r's Initials:
Q"1..:1U.....'l..' Tn':+;nl{"'.
0"....."" ".1 ....+ 1 1
JRN-31-2005(TUE) ] 2: 18
CHELSER SETTLEMENT
(FRX)717 72a 2171
P UOS/UI3
d. No assessment for any public improvement has been made against the Property
which remains unpaid, and no work has been commenced on any public improvement being
tinanced on an assessment basis on, adjacent to, or benefiting the property, of which the
transferring party has knowledge, and no noticc or order has been received by the Seller from any
governmental authority requiring thc doing of work or correction of conditions on the Property
which has not been complied with by the transferring party or disclosed herein.
e. Seller shall bear the risk of loss from fire or other casualty until settlement. In
the event of substantial or tota110ss of dwe11ing duc to casualty, contract shall be null and void at
the option of the SeHer.
f. Buyer shall pay the premium for any required survey, title insurance, title
search, or thc fee for cancellation of same, fire and extended coverage insurance from the date of
closing, any lender fees or charges, tbe costs of any inspection not provided for specifically
herein, and Buyer's normal settlement costs and accruals unles.,.:providedfor herein.
ARTICLE V
CONOIT10NS
5.1 Conditions precedent to the obligation of the parties to close. The parties agrec that
this Agreemcnt is subject to the fol1owing conditions which must be satisHcd on or before the
date of Settlement:
APPRAISAL
[ ] Appraisal contingency waived.
[ x) Appraisal contingency. The subject property shall be appraised by a
licensed appraiser on or before the terminal date for financing. The appraised value of the
subject property shall be equal to or greater than the sales price as set forth in this agreement. If
the said appraisal is not equal to or greater than the sales price as set forth in this agreement,
Buyers, atler written notice to Seller, lllay declare this Agreement null and void and may rcceive
a full refund of deposit money paid, if any.
Appraisal is to be paid for by [ ] Seller [x] Buyer.
The appraisal shall be ordered by:
[ ] Seller
[ x] Buyer [ ] Mortgage Broker [ ] Other:
COURT APPROVAL
Seller's Initials:
Buyer's Initials:
,~
Page 4 of 11
MRR-03-2005(FRI) ] 1: 47
717 724 2171
[HELSER SETTLEMENT
(FRX)717 724 2171
P 003/003
TIlls Agreement is contingent upon obtaining a final unappealed Order from a
court of competent jurisdiction, appointing Seller's financial guardian and authorizing such
guardian to sign this Agreement, a deed, and all other documents necessary to consummate the
proposed sale to Buyer. Seller Or her authorized representative shall be responsible for all
attorneys' fees and costs incurred in connection with the proposed guardianship.
Seller shall have sixty (60) days from March I, 2006 in which to obtain a Court
Order granting the guardianship. In the event the Court has not issued an Order within that 60-
day period, after inspection of the property, the parties may:
A) Upon agrecment of both parties, grant a ten (10) clay cxtension;
B) Upon agreement of both parties, grant an additional 30 day extension with an agreed
upon reduction in the sales price based upon any deterioration of the subject property;
or
C) At Buyer's sole option, termination of the Sales Agreement with all deposits returned
to Buyer.
In the event the parties agree to option A or B and an extension is granted but an
Order of Court granting the aforementioned guardianship has not been obtained before the
expiration of the agreed upon extension, the parties may <ll:,>ain utilize options A, B or C as set
forth herein.
F,:INANCING
[ J Financing contingency waived.
[ ] Financing contingency. Buyer shall obtain a commitment for a fixed rate
mortgage for a minimum of 100% of the purchase price with tenns and conditions which at a
minimum are (rate) (term). TI1e terminal date for obtaining a
fmancing commitment shall before
If requested, Seller must receive a notice of a written commitment valid until the
date of settlement on or before thc terminal date above. If thc said commitment is not provided
on the terms above, or tcrms acceptable to Buyer, on or before the terminal date, Buyer, after
written notice to Seller, may declare this Agreement null and void and may receive a full refund
of deposit money paid, j r any.
The financing shall be obtained provided by:
[ ] Seller
[ x] Buyer [ ] Mortgage Broker [ ] Othcr:
INSPECTIONS
Seller's Initials:
n...,.,.T.n.-f>&"C' Tn~1;..;jro"
D..,~", " ....+' 1 1
JRN-31-2005(TUEl 12: 19
CHELSER SETTLEMENT
(FRX)717 72d 2171
P 007/013
Lender inspections. Seller a&'1'CCs to permit lender's required im,pections, at
Buyer's expense, upon reasonable notice.
HOME lNSPECTION
[x] Home inspection waived.
[ ] Home inspection. Buyer may obtain a structural or engineer's report on the
Property and/or its mechanical) electrical, existence of mold or other systems provided to the site,
by a licensed or duly qualit1cd inspector or engineer, at their expense upon reasonable notice to
Seller and at an agreeable time. If the parties fail to ak,rtce on acceptable repairs or responsibility,
either party may declare this agreement null and void in writing within FIFTEEN DAYS ( 15)
days of the date of notice to all parties and refund of any deposit monies may be obtained. Said
inspection shall take place as soon as practicable. Said inspection shall take place with THIRTY
OA YS ( 30 ) of the execution of this Agreement.
Home inspection is to be paid for by [ ] Seller [ ] Buyer.
The home inspection shall be ordered by:
[ ] Seller
[ ] Buyer [ ] Mortgage Broker [ ] Other:
RADON INSPECTION
[ x] Radon inspection waived.
[ ] Rudon inspection. Buyer may obtain a radon inspection. Buyer may engage
a duly licensed and qualified inspector to detenninc the levels of radon at the subject property,
with reasonable notice to Seller and at an agreeable time. if the said radon testing reveals
unacceptable levels of radon, Buyer, after written notice to Selkr, may declare this Agreement
null and void and may receive a full refund of depo~it money paid, if any.
Radon inspection is to be paid for by [ ] Seller [ ] Buyer.
The radon inspection shall be ordered by:
[ ] Seller
[ ] Buyer [ ] Mortgage Broker [ ] Other:
PEST INSPECTION
[ x] Pest inspection waived.
Seller's Initials:
Buyer's Initials:
(1!7'
Page 6 of 11
JRN-31-2005(TUE) 12:19
CHELSER SETTLEMENT
(FRX)717 72d 2171
P 008/013
[ ] Pest inspection. Buyer may obtain a pest inspection certification. Buyer may
engage a duly licensed and qualified inspector to determine the existence of destructive pests. If
the said pest inspection reveals the existence of destructive pests, Buyer, after written notice to
Seller, may declare this Agreement llull and void and may receive a full refund of deposit money
paid, if any.
Pest inspection is to be paid for by [ 1 Seller [ ] Buyer.
Thc pest inspection shall be ordered by:
[ ] Seller
[ J Buyer [ ] Mortgage Broker [ ] Other:
a. Governmentul Approvals. Buyer shall have received all necessary
governmental approvals for the development of single family manufactured housing on terms
and conditions acceptable to Buyer.
b. Remedies. If any of the above referenced contingencies are not met, the
parties ure free to negotiate: a remedy short of declaring this Agreement null and void. If an
agreement is acceptable to all parties, an addendum to this Agreement shall be created and
executed with the same fOnl1ulities.
ARTICLE Vl
FIXTURES AND PERSONAL PROPERTY
6.1 Included in this sale and purchase price are all eXIstmg items permammtly
installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including
chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door
openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any
remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall
carpetjng; shades, blinds, window covering hardware; built-in air eonditioners;buiH-in
appliances; and the range/oven unless otherwise stated.
Also included: Refridgerator, washer and dryer, (2) air conditioners, and window treatments
outhuilding - aluminum shed
ARTICl,E vn
OTHER PROVISIONS
Seller's Initials:
Buyer's lnitials: ~
Page 7 of 11
JAN- 31-2005 (TUE) 12: 19
[HELSEA SETTLEMENT
(FAX)717 72d 2171
P 009/013
7.1 Preparation of DeedslTitlc Insurance.
DEED PREPARATIO~
[ X] Seller [ ] Buyer shall be responsible for the costs of preparation of the special warranty
deed ior conveyance ofthe Property which thc Buyer shaH require.
Deed preparation shall be arranged by:
[ ] Seller [] Buyer [ ] Mortgage Broker [ ] Other:
Seller's Initials:
Buyer's lnitials: ~
Page 8 of 11
JRN-31-2005(TUE) 12: 1 9
CHELSER SETTLEMENT
(FRX)717 7211 2171
P 010/013
TITLE SEARCH and TITLE INSURANCE
[ ] Seller [X] Buyer shall btl responsible to secure and, at her sole cost, the title search and
title insurance policy to be obtained with respect to the Property.
Title Search and Title Insurance shall be ordered and obtained by
[ ] Seller [ x] Buyer [ )Mortgage Broker [ ] Other:
'" A cancellation fee will apply if anyone other than the party selected in this agreement orders a
title search and title insurance.
7.2 Apportionments.
[ ] With the exception of wuter, trash, and sewer, al1 real estate taxes, and other items
subject to apportionment with respect to the Property shall be apportioned betwcen the parties as
ofthe date of Settlement, all taxes being apportioned on their fiscal year basis.
[ x] All real estate taxes, water and sewer charges, and other items subject to
apportionment with respect to the Property shall be apportioned between the parties as of the datc
of Settlement as follows:
Seller's Percentage: 100%
Buyer's Percentage:
[ x) Any water, trash and sewer shall be not pro-rated if paid by the Seller.
7.3 Transfer Taxes.
[ x] Each party shall bear one-half of all state and local realty transfer tuxes on the
transfer to be made hereunder.
[ ] All realty transfer taxes shall be apportioned between the parties as follows:
Seller's Percentage:
Buyer's Percentage:
7.4 Eminent Domain. If all or any part of the property to be transferred hereunder is the
subject of eminent domain proceedings on or before settlement, either party shall have the right
to terminate this Agreement, whereupon neither party shall have any further liability or
obligatlon hereunder.
Seller's lnitials:
Buyer's Tnitials:
~
Page 9 of 11
JRN-31-20000UE) 12: 20
[HELSER SETTLEMENT
(FRX)717 72d 2171
P01l/013
7.5 Brok~rs.
[ x 1 The parties represent and warrant to the other that they have not contracted with any
realtor or real estate brokers and that no brokerage commission or referral fee is due or has been
incurred as a result ofthis transaction.
[ ] The parties represent that ther~ are realtors or real estate brokers and that a brokerage
corrunission or referral fee is due as a result of this transaction and is payable as follows:
Said commission is apportioned as follows:
Seller's Percentage:
Buyer's Percentage:
7.6 Nonperformance Damages. In the event Buyer fails to make settlement within the
time provided for any reason other than as provided herein or Seller's d~fault, Se11er shall retain
the Deposit and other sums paid hereunder as liquidated damages for Buyer's nonperformance of
this Agreement as their sole and exclusive remedy and this Agreement shall be null and void
unless agreed otherwise in writing. In the event Seller fails to make settlement within the time
provided for any reason other than as provided herein (including the possible encroachment
described in Section 4.1a above) or Buyer's default, Buyer shall be entitled to recover their
deposit and actual proven out-of-pocket costs exclusive of legal fees, or to specific perfonnance
of this Agreement, accepting whatever title Seller is able to provide. If Seller's title is not
insurable due to the possible encroachment and related issues, Buyer will accept Seller's title
without claiming any damages and withOut reducing the purchase price.
7.7 Notices. All notices hereunder shall be by registered or certified mail, return receipt
requested, addressed to the parties at the addresses set forth below. Either party may change its
address, for the purposes of receiving notice, by notice to the other given in compliance with this
parugraph.
If to the Buyer:
Scan Allcwc1t
121 North Second Street
W ormlcysburg, PAl 7043
With copy to:
Chelsea Settlement Servic~:>-~f.
3800 Market Street
CamR HiltP A 17011
Sener's lnitiab:
Buyer's Initials:
?:CJ
Page 10 of 11
JRN-31-200fj(TUE112:20
CHELSER SETTLEMENT
(FRX1717 72d 2171
P 012/013
With copy to:
~hir1tly A. Gingerich
1302 Strafford Road
Q9mp HilL FA 17011
Sandra Seckinger
1302 Strafford Road
Camp Hill, P..j. 17011
If to the Seller:
7.8 Miscellaneous.
(a) This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, administrators and successors. This A&rrecment may
not be assigned without the written consent of all parties.
(b) This Agreement shall not be amended or modified except by a written
agreement signed by the Seller and Buyer. The failure of any party to insist upon the strict
performance of any ofthc provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
(c) This Agreement contains the entire understanding between the parties and any
representations, undertakings or agreements of any kind are superseded by the provisions of this
Agreement.
(d) This Agreement shall be construed and enforced in accordance with the laws
of the Commonwealth of Pennsylvania.
(e) Neither party may record this Agreement or any memorandum hereof. Any
violation of the preceding sentence shall be of the essence of this Agreement and shall
immediately providc cither party with the right to terminate this Agreement. in addition to all
other remedies available to the non-recording party.
(f) Time is hereby declared to be of the essence of each and every provision of
this Agreement.
(g) This Agreement may be executed in separate counterparts, whicn may be
combined to form the full intent of the parties.
Seller's Initials:
Buyer's Initials: e/ ~
Page 11 of 11
JRN-31-2005(TUU 12: 20
CHELSER SETTLEMENT
(FRX)717 72d 2171
IN WITNESS WHEREOF, this Agreement is executed the day and ycar first above
written.
WITNESS:
BUYER:
P 013/013
cJ~~
~~
WITNESS:
SELLER:
Seller's Court Appointed Financial Guardian
Scller's Initials:
Buyer's Initials: ~
Page 12 of 11
IN RE: SHIRLEY A. GINGERICH,
An Alleged
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
On the Petition of Sharon Parthemore
CONSENT TO LIMITED GUARDIANSHIP
I, the undersigned, have read the foregoing petition
and consent to the relief requested therein. I understand that
false statements herein are subject to the penalties of 18 Pa.
C.S. ~4904, relating to unsworn falsification to authorities.
Dated: "iil C/l' ~)
I I
I J I'
/~.~~ /<' /::V'~o<'~~~
Sandra K. Seckinger ~
IN RE: SHIRLEY A. GINGERICH,
An Alleged
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
On the petition of Sharon parthemore
CONSENT TO LIMITED GUARDIANSHIP
I, the undersigned, have read the foregoing petition
and consent to the relief requested therein. I understand that
false statements herein are subject to the penalties of 18 Pa.
C.S. ~4904, relating to unsworn falsification to authorities.
I I
// / ~~ /-. . ( ,..-
Dated: /I' {I_; ...... t.~
'/'
// .'; / '" /'.- ~'"'.f' --.-M; f:~ ~./
/l ( ~4.~ 't..-~'~"--.t"""".'^--- t_wL, _
Deborah L. Haley
2
IN RE: SHIRLEY A. GINGERICH,
An Alleged
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
On the petition of Sharon parthemore
CONSENT TO LIMITED GUARDIANSHIP
I, the undersigned, have read the foregoing petition
and consent to the relief requested therein. I understand that
false statements herein are subject to the penalties of 18 Pa.
C.S. ~4904, relating to unsworn falsification to authorities.
Dated: J [-01 -cfS
Q~~ ~PadKt,Ytl'Z7Cf
Erin parthemore
3
VERIFICATION
I, the undersigned, verify and state that:
1. I am the adult daughter of Shirley A. Gingerigh,
the alleged incapacitated person, and petitioner in the foregoing
action.
2. ~he facts set forth in the toregolng petition are
true and correct to the best of my knowledge, information, and
belief.
3. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. ~4904, relating to
unsworn falsification to authorities.
Dated: //(/X) (0 '\
\Oi1 a/I (\f1 M~i y/Jtt (,~
Sharon parthemore