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Home My WebLink About06-30-06 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. "^ INRE: ESTATE OF WENDELLE. WIN(J~,I>eceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT I>IVISION PETITION FOR APPOINTMENT OF SUBSTITUTE TESTAMENTARY TRUSTEE Terry S. Ocker, Executrix of the Estate of Wendell E. Wingard, I>eceased, by her attorneys, Snelbaker & Brenneman, P. C., submit this Petition For Appointment of Testamentary Trustee and in support thereof states the following: 1. Petitioner herein is Terry S. Ocker, duly appointed Executrix ofthe Estate of Wendell E. Wingard. 2. Wendell E. Wingard died testate February 17,2006, having made his Last Will and Testament on September 22, 2000 (the "Will"). A true and correct copy of the Will of Wendell E. Wingard is attached hereto and incorporated by reference herein as "Exhibit A". 3. Due to Patricia L. Wingard, Decedent's spouse, predeceasing Wendell S. Wingard, the beneficiaries under Decedent's Will, all of whom are identified in Paragraph 4 of Decedent's Will, are as follows: Terry S. Ocker 124 E. Ridge Street Carlisle, PA 17013 Wendell C. Wingard 396 (Jreason Road Carlisle, P A 17013 Melissa L. Sparks 93 E. High Street Apartment 1 Red Lion, PA 17356 Julia A. Uffelman ' 11469 Pickle Road Brogue, P A 17309 -', Lisa L. Uffelman 11469 Pickle Road Brogue, P A 17309 -... 4. Pursuant to Paragraph 4(f) of Decedent's Will, the shares of Melissa L. Heberly (now Melissa L. Sparks) and Julia A. Uffelman are to be held in trust by M & T Bank and distributed to the foregoing beneficiaries when they reach 25 years of age. 5. The trust provision of the Will provided for no distribution of principal or income until the beneficiaries thereof reach 25 years of age. 6. Melissa L. Sparks is 24 years of age and it is anticipated that she will be 25 years of age by the time administration of the Estate is concluded. 7. Julia A. Uffelman is 13 years of age; therefore, the testamentary trust provision set forth in Paragraph 4(f) of Decedent's Will would be applicable to her interest in the Estate. 8. It is estimated that Julia A. Uffelman's share in the Estate has a value of approximately $22,000.00. 9. M & T Bank, based upon the size of the proposed trust for Julia A. Uffelman, has indicated in a letter dated May 19, 2006 to the Executrix' counsel that it believes it is impractical for M & T Bank to serve as trustee. A true and correct copy of the aforementioned letter dated May 19, 2006 from Jane F. Burke, Vice President, to Keith O. Brenneman, Esquire, is attached hereto and incorporated by reference herein as "Exhibit B". 10. Lisa L. Uffelman, Decedent's daughter and mother of Julia A. Uffelman, is willing to serve as trustee. A true and correct copy ofthe consent of Lisa L. Uffelman to serve as substitute trustee is attached hereto and incorporated by reference herein as "Exhibit C". 11. All the beneficiaries under Decedent's Will consent to Lisa L Uffelman serving as substitute trustee of the trust for Julia A. Uffelman, to serve without bond. The consents of beneficiaries, Terry S. Ocker, Wendell C. Wingard, Melissa L. Sparks and Julia A. Uffelman LAW OFFICES SNELBAKER & BRENNEMAN. P.C. -2- LAW OFFICES SNELBAKER & BRENNEMAN. P.C. for Lisa L. Uffelman to serve as trustee without bond are attached hereto and incorporated by reference herein as "Exhibit D" through "Exhibit G". 12. The renunciation ofM & T Bank to serve as trustee and its consent to Lisa L. Uffelman serving as trustee is attached hereto and incorporated by reference herein as "Exhibit H". WHEREFORE, Petitioner requests this Court to issue an Order appointing Lisa L. Uffelman a substitute trustee under Paragraph 4(f) of the Last Will and Testament of Wendell E. Wingard. SNELBAKER & BRENNEMAN, P. C. {/l/YVl- Date: June 6, 2006 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Terry S. Ocker, Executrix -3- LAW OFFICES SNELBAKER & BRENNEMAN. P.C. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. J-tti{, Terry S. Ocker Date: {,; / (p / 0 10 ~\ . / )2ULJ I 0,". ....... LAST WILL AND TESTAMENT I, WENDELL E. WINGARD, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this instrument to be my last will and testament, hereby expressly revoking all wills and codicils heretofore made by me. 1. I direct my executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my executrix to sell any realty owned by me at my death, and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. 3. I devise and bequeath all of my estate of every nature and wherever situate to my wife, Patricia L. Wingard, providing she shall survive me by sixty days. 4. Should the gift in Paragraph No.3 not take effect, I devise and bequeath all of my estate of every nature and wherever situate as follows: (a) 1/3RD to my daughter, Terry S. Ocker, (b) 1/3RD to my son, Wendell C. Wingard, (c) 1/9TH to my daughter, Lisa L. Uffelman, (d) 1I9TH to my granddaughter, Melissa L. Heberlig, and (e) 1I9TH to my granddaughter, Julia A. Uffelman. EXHIBIT A 1 The child or children of any deceased person taking the share their parent would have taken if living. (f) The shares of Melissa L. Heberlig and Julia A. Uffelman, shall be held in Trust by M&T Bank, Carlisle, Pennsylvania, and all principal and interest in each Trust shall be distributed to Melissa and Julia when they reach the age of twenty-five (25) years. 5. I nominate and appoint Patricia L. Wingard to be the executrix of this my Last Will and Testament; she is to serve as such without bond. Should she die before my death, renounce or refuse to serve for any reason, or die leaving any of my estate unadministered, I nominate and appoint, Terry S. Ocker, as substitute executrix, also to serve as such without bond, with the same powers as are given herein to my executrix, and if she cannot serve for any reason, I nominate and appoint Wendell C. Wingard as executor. 6. I hereby suggest that my personal representative retain the servIces of Irwin, McKnight & Hughes, as attof!leys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and, seal this 22@ day of September, 2000. 1 . .A ~cf~~~ WENDELL E. WI G~RD (SEAL) Signed, sealed, published and declared by WENDELL E. WINGARD, the testator above nanled, as and for his Last Will and Testament, in the presence of us, who at his request, in . his presence and ill ilie presence of each oilier have SUbscrib(;~;j1JeiJ~ Q(~J1pJJ 2 , ACKNOWLEDGMENT AND AFFIDAVIT WE, WENDELL E. WINGARD, CHERYL L. CLELAND and MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing ofthe testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. , COMMONWEALTH OF PENNSYLVANIA 55: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by, WENDELL E. WINGARD, the testator herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this 22ND day of September, 2000. , t~A,~. N otary PU~li _ ..---- Notarial C~~)al ~ R.oger 8. Irwin, l"Jntary Public Cal'lislo 801'.0, CU.''lbGI'land County My CommiSSion EiqJlreS Oct. 3, 2000 Member, Pennsylvania Association of Notaries f;! M8UInvestment Group Private Client Services P.O. BOX 220 ONE WEST HIGH STREET CARLISLE,PA 17013 717-240-4504 Toll Free 1-800-822-2155 May 19,2006 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 RE: Estate of Wendell E. Wingard Dear Mr. Brenneman: This letter is in response to your letter of May 15 concerning a trust for Mr. Wingard's granddaughter, Julia. Based on the size of the trust, it would be impractical for M&T Bank to serve as trustee. Therefore, we would be willing to renounce as trustee. If you have any questions or require any additional documentation, please contact me. Very truly yours, ~16VLL Jane F. Burke Vice President Manufacturers and Traders Trust Company Private Client Services EXHIBIT B LAW OFFICES SNELBAKER & BRENNEMAN, P.c. IN RE: ESTATE OF WENDELL E. WINCJARI>, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT DIVISION CONSENT TO APPOINTMENT AS SUBSTITUTE TESTAMENTARY TRUSTEE I hereby desire to serve and agree to serve as substitute trustee ofthe trust to be established for Julia A. Uffelman under Paragraph 4(f) of the Last Will and Testament of Wendell E. Wingard. Date: ~ 117/010 ~.t ~~ (t"isa . Uffelman EXHffiIT C LAW OFFICES SNELBAKER & BRENNEMAN, P.C. IN RE: ESTATE OF WENDELL E. WING~, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT DIVISION CONSENT TO APPOINTMENT OF SUBSTITUTE TESTAMENTARY TRUSTEE I acknowledge that I am a beneficiary under the Last Will and Testament ("Will") of Wendell E. Wingard dated September 22,2000. I hereby consent to the appointment of Lisa L. Uffelman as substitute trustee of the trust to be established for Julia A. Uffelman under Paragraph 4(f) of the Will and for Lisa L. Uffelman to serve without bond. Date: k, I to 10 (0 ~Ju1 ; -{~v Terry S. Ocker ( ( EXHIBIT D LAW OFFICES SNELBAKER & lRENNEMAN, P,C. IN RE: ESTATE OF WENDELL E. WINCJARD, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT DIVISION CONSENT TO APPOINTMENT OF SUBSTITUTE TESTAMENTARY TRUSTEE I acknowledge that I am a beneficiary under the Last Will and Testament ("Will") of Wendell E. Wingard dated September 22,2000. I hereby consent to the appointment of Lisa L. Uffelman as substitute trustee of the trust to be established for Julia A. Uffelman under Paragraph 4(f) of the Will and for Lisa L. Uffelman to serve without bond. Date: JUNe It 2()()" w~~~~- W~ EXHIBIT E LAW OFFICES SNELBAKER & BRENNEMAN, P.C. INRE: ESTATE OF WENDELLE. WINGARD, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT DIVISION CONSENT TO APPOINTMENT OF SUBSTITUTE TESTAMENTARY TRUSTEE I acknowledge that I am a beneficiary under the Last Will and Testament ("Will") of Wendell E. Wingard dated September 22, 2000. I hereby consent to the appointment of Lisa L. Uffelman as substitute trustee of the trust to be established for Julia A. Uffelman under Paragraph 4(f) of the Will and for Lisa L. Uffelman to serve without bond. ~ e 2,tl ~.() <- Date: v '1/ 'ffioj ~~)lll(~~f 0 0 ~ Melissa L. Sparks . EXHIBIT F LAW OFFICES SNELBAKER & BRENNEMAN, P.C. IN RE: ESTATE OF WENDELL E. WING~, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT DIVISION CONSENT TO APPOINTMENT OF SUBSTITUTE TESTAMENTARY TRUSTEE I acknowledge that I am a beneficiary under the Last Will and Testament ("Will") of Wendell E. Wingard dated September 22, 2000. I hereby consent to the appointment of Lisa L. Uffelman as substitute trustee of the trust to be established for Julia A. Uffelman under Paragraph 4(f) of the Will and for Lisa L. Uffelman to serve without bond. Date: ~{7 jGo ~~1Cl (l Ju' A. Uffelman lJfJfj-eful4kt EXHffiIT G LAW OFFICES SNELBAKER & BRENNEMAN, P.C. IN RE: EST ATE OF WENDELL E. WINGARD, Deceased : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-00214 : ORPHANS' COURT DIVISION RENUNCIATION RE: SERVICE AS TESTAMENTARY TRUSTEE I, Jane F. Burke, Vice President ofM & T Bank, with full authority to do so on behalf of M & T Bank, hereby renounce the appointment of M & T Bank to serve as trustee under the trust established in Paragraph 4(f) of the Last Will and Testament of Wendell E. Wingard dated September 22,2000 and consent to the appointment of Lisa L. Uffelman as substitute trustee. M & T Bank Date: J":.tN e. 15, '2-00(., A By: , J e F. Burke, Vice President EXHffiIT H CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy ofthe foregoing Petition to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Terry S. Ocker 124 E. Ridge Street Carlisle, P A 17013 Melissa L. Sparks 93 E. High Street Apartment 1 Red Lion, PA 17356 Lisa L. Uffelman 11469 Pickle Road Brogue,pJ\ 17309 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: June 30, 2006 Wendell C. Wingard 396 Greason Road Carlisle, P J\ 17013 Julia A. Uffelman 11469 Pickle Road Brogue, PA 17309 Jane F. Burke, Vice President M & T Bank One West High Street Carlisle, P A 17013 SNELBAKER & BRENNEMAN, P.C. l~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Terry S. Ocker, Executrix of the Estate of Wendell E. Wingard