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HomeMy WebLinkAbout10-14-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Frances E. Metz also known as . Deceased File Number (,~f '! 4 '' ~(.~ Social Sectvity Number Roi Baptiste. Petitioner(s), who is/aze 18 yeazs of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named in the last Will of the Decedent dated May 28, 2010 and codicil(s) dated n/a n c7 (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution for probate, was not the victim of a killing and was never adjudicated an incapacitated person: a B. Grant of Lettero of Admini:tration (COMPLETElNALL CASES:) AftaciY additional sheets ijnecessary. - _r , O r,,,? .~ cn-~ ', ~ttttment~ offete.3 i-t m - ~,.,; ~ r ~_. _C ~ -Q - ' -; _i Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 219 Hummel Avenue, Lemovee, Borough of Lemoyne, Cumberland County, Pennsvlvania 17043 (List street address, town/city, township, county, state, zip code) Decedent, then 90 years of age, died on September 28, 2010 at 219 Hummel Avenue, Lemoyne, Borough of Lemoyne, Cumberland County. Pennsvlvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania s loo,ooo.oo S S S 700,000.00 situated as follows: `See attached. Form RW-01 rev. /0. /3.06 Page I of 2 f. (/f applicable, enter: c.t.a.; d.b.n.c.t.a.; pendenre/ite; duranteabaentia; dwiJme~oritate) ~ _ -,~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) ~ heirs: (I~; Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition end the grant of Letters in the appropriate form to the undersigned: PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA (PAGE 2) Estate of Frances E. Metz File Number Social Security Number: 224-56-9022 REAL ESTATE OWNED BY THE DECEDENT 1. 219 Hummel Avenue, Lemoyne, Borough of Lemoyne, Cumberland County, Pennsylvania 2. 218 Hummel Avenue, Lemoyne, Borough of Lemoyne, Cumberland County, Pennsylvania 3. 206 Hummel Avenue, Lemoyne, Borough of Lemoyne, Cumberland County, Pennsylvania 4. 144 Hummel Avenue, Lemoyne, Borough of Lemoyne, Cumberland County, Pennsylvania 5. 98 Hummel Avenue, Lemoyne, Borough of Lemoyne, Cumberland County, Pennsylvnia n r..a r CQ o z i i9 C~ ~ ~ r ~ ; 'i J ~ `-~ ~ z. ,, N r~...:'. ,'Ti -: ~ G~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S5 The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal represe°~ntatt of tl}e edent, Petitioner(s) will well and truly administer the estate according to law. ~,.`"~~ ~` Swom to ar affirmed ~ subscribed befo me the ~_ day of ,sSQ! b For the Register Signature ojPerso»al Representative Signature ojPersonal Representative C C - J ~~ 22 ,~C] r. .,y ~ . FileNumber:_~_~ ' ~Q-~ ~lJ~~ .?r ~~ -- ~ %s: ~ ~ ~-~ Estate of Frances E. Metz ._.~ C7 ~ Dece T 'a f ~ ~ _,. Social Security Number: Date of Death: September 28, 2010 D N ;.r O~I~r -~- ~' ~ ''-_' AND NOW, ,~~ ~ , in consideration of the foregoing Petition, satisfactory proof ~' having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Roi Baptiste in the above estate and that the instrument(s) dated May 28, 2010 described in the Petition be admitted to probate and filed of record gs the last Will (and Codicil(s))roEDecedent. /1 FEES {/~ /~ Letters ............... $ ~eQ U, Short Certificate(s) ........ $~ Renunciation(s) .... $ i ~ .. $ I.S~~~_ ... $_s~~ .. $ 5. .. $ .. $ .. $ .. $ .. $ ... TOTAL .............. $112ZC9" Attorney Signature: Address: Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Telephone: (717) 731-9600 Farm Rw_oa rev. 10.13.06 Page 2 of 2 Supreme Court I.D. No.: 76361 OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. P 16804787 Certification Number SEP 0 20 0 ~R gi u Date Issued IV O CQ ~ d ~, r `'37 rn C'7 U ' ' ~ r- ^~ - n--~ r ; i cry ~ ~ -1-% ~;:"7 +~C7 ~l ~ [i i `-i r~Q ~ _~ "tl %~= ^ ~ ~ ~ D ~ ~ •~ G - Y r ?, ~~M 0° COMMONWEALTN OF PENNSYLVANIA . OEPAR7LtENT OF HEALTH . V(rAL RECORDS ~~` CERTIFlCATE OF DEATH (Sw InNructlan~ me r~PIM on NlW/N) tiT~TE FRE INMBER N. tbwtl hrNat Q3r, mtlrt, Npl arp 2Bb N. 8agY 8apAy prpa •UtbdCrOp~w Frances E. Metz female 190 _ 26 _6621 Sept:Z9 2~0 , sk~WrKNSN t uarrl eapdsh r. aawra e-wrawn ar 90 """ an pan r.N. tbbNr: oNpe va. 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Metz '"""'""""'~ni0~^~^~ Glenna Hartman ~~~~~~ Jean Roi Baptiste ~~$~ai~'':;bLayne,PA 17043 zf..rradaatperon ~ ^drpNb ^Oasn rn ardop,orbtMa~h M.YW rc Ntp.aob,rpr prnpaaarry.aaatryadrrpbrt na mNr (Cbtbn rr.+Vaoal ~'~"• ^ ~`anNpp ~ rr°i`e: uarrn~rhi°"'°^rr^po Oct.9,2010 Blain Cemetery B1ain,PA 17006 aRSa Uoapr la AArn~abNrrdi) Pm.tbaib.N.rta ?h. tNS apAmwaFry ~ - 0 • ~ FD- 13163-L Musselman FH&CS,324 Hummel Ave.,Lemoyne,PA 17043 Ns7Lpabdmrrl~p NNa n.Nrar, ,sr+amw.erNrr+,er.neob~wrapgrr.r~eNrl pgdpr b na w.INNb r IYnra~a b ze LYrr N.ma ' Tae o.b Marti d%.IM opf, arwdrlR ~ Narxa rrhrnplopE b/prm r.nrawoa Ns ow ora +r. r..n ' .bJO r. Wr Cr1 albrp Ariloa Ernbr / mar b. Oar br twnrlr a ~ortlen9 plp papas Vl D ^ Yr fb p111N OF DfaTN (pr aravo0err ma NIn177.M[~~ amegaba-Nn1Apd, aaadhera. f10 MOrry antra war rdirrrr + bMW. M. dtiLL b . ~ ' ~ Qprb Dbb al not aaNlNpbMudat,Ypas prnb Oal 1. ^Yr aplla+aalairlialNenMW rspNrpoyj.W 1/arsrrrM M. ~ ^ Ne ) ~J~ Q ~ ~ ~Q M1 d ~ /''1r~/ i ~~ ~ a 71. 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I appoint as my Executor and Successor Executors (all hereinafter referred to as Executor) under this Will, the following named persons to serve without bond and without being required to account to any Court: E:ecntor: ROI BAPTISTE. Successor Ezecutriz: JEAN KOHLHAAS Second-Successor Ezecutor: CRAIG A. HATCH SECOND: Funeral and Last Illness EzDanses: Taws. (A) Ezpenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taws. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will, out of my residuary estate, without being prorated or apportioned among or chazged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. TIHRD: Tangible Personal Property. Except for those items enumerated in the Letter of Instruction, I leave my tangible personal property for distribution according to the terms of the Residuary Gifts of my estate under Article FOURTH. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items, provided such list is found together with my last Will and Testament. '',v LAST WII,L AND TESTAMENT OF FRANCES E. METZ PAGE 2 FOURTH: Residuary Gitib. (A) I direct that my executor shall have the discretion, in the sole discretion of the executor, to sell the real estate that comprises my estate or distribute the real estate to the designated beneficiaries below. The executor shall distribute the real estate or the net proceeds of the real estate as follows: 1. After the fiuniture and belongings have been removed from 219 Hummel Avenue, Lemoyne, Pennsylvania, this real estate shall be sold with its proceeds being distributed to the GRACE UNITED METHODIST CHURCH, Lemoyne, Pennsylvania, with the proceeds placed into an endowment fund to be used for the upkeep of the church property, not including the parsonage. 2. The property I own at 206 Hammel Avenue, Lemoyne, Pennsylvania, shall be sold with the proceeds distributed to the GRACE iJNITED METHODIST CHURCH, in Lemoyne, Pennsylvania, and the proceeds placed into an endowment fund to be used for the upkeep of the church property, not including the parsonage.. The executor shall provide up to six (6) months notice to the O'Neil family or any other tenant to remove themselves from the premises. 3. I bequeath the property I own at 218 Hammel Avenue, Lemoyne, Pennrylvania, to the LUTHERAN CHURCH in Blain, Pennsylvania. 4. If ROI BAPTISTE survives me, I bequeath to him the property I own at 144 Hummel Avenue, Lemoyne, Pennrylvaaia. If and in the event ROI BAPTISTE should predecease me, then there shall be no distribution to him and the executor shall sell the real estate and apply the net proceeds to the UNITED REFORM CHURCH in Blain, Pennsylvania. 5. I bequeath the property I own at 98 Hammel Avenue, Lemoyne, Pennsylvania, to the STONEY POINT CHURCH, in Perry County, Pennsylvania. (B) I give the following amounts to the respective named and designated beneficiaries: (1)TWO THOUSAND DOLLARS ($2,000.00) of the residue of my estate shall be distributed to BLAIN CEMETERY, (located outside of Blain where the Hartman, Gutshall and Metz cemetery lots are located) to be used for upkeep of the graves and cemetery markers. (2) TEN THOUSAND DOLLARS ($10,000.00) of the residue of my estate shall be distributed to JEAN KOHLHAAS. 9~ I / 4 ----~~ LAST WII.L AND TESTAMENT OF FRANCES E. METZ PAGE 3 (3) ONE THOUSAND DOLLARS ($1,000.00) or ONE PERCENT (1%), whichever is the lesser, unto each of the following individuals having survived me: JEFF METZ JOSEPH METZ NORMAN METZ SARA HiPPLE WII.LIAM HAROLD METZ SYLVIA MICHNERE HOYD METZ, JR. CLYDE METZ HARRY METZ LOUISE SMITH BECKY METZ PAUL METZ RICHARD DALE METZ DEAN METZ VONNIE LATCHFORD GLENN SIEGRIST ROBERT SIEGRIST (C) I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies or devises (and including any property over which I may have a power of appointment), to THE GOOD SAMARITAN HOSPITAL, in Lebanon, Pennsylvania. (B) Distribations Daring Administration. Prior to final distribution of my estate, the Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. A distribution may be made subject to any indebtedness or liability of my estate. FIFTH: Powers of Ezecntor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, ~ ~~ LAST WILL AND TESTAMENT OF FRANCES E. METZ PAGE 4 choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regazd to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regazd to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5~ To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (~ To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (~ To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and cant' on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regazd to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) In the disbursement of the Estate and any division into sepazate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such ~.rw ~ LAST WII.L AND TESTAMENT OF FRANCES E. METZ PAGE 5 distribution or division allot undivided interests in the same property to several trusts or shares. The Executor shall be authorized to sell or purchase at the fair mazket value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (D) The Executor shall have discretion to determine whether items should be chazged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (E) If at any time the total fair mazket value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regulazly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (F) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Ri¢bta and LiabiliHea of Ezecutor. ~, ~. ~ LAST WILL AND TESTAMENT OF FRANCES E. METZ PAGE 6 (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similaz services during the time which he/she performs the services. SEVENTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. EIGHTH: Taz Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any pazt of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions aze taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. NINTH: Definitions and General Provisions. (A) SnrvivaL Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various ____~/ LAST WILL AND TESTAMENT OF FRANCES E. METZ PAGE 7 articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (D) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (E) Powers of Appointment are Eiereised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death. IN WITNESS WHEREOF, I, FRANCES E. METZ, the Testatrix, have to this my Last Will and Testament, typewritten on eight (8) pages, including the Acknowledgment and Affidavit, set my hand and seal this ~lday of May, 2010. /~~' FRANCES E. METZ Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and seven (7) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. T residing at ~~.0 ~/~i ~~ residing at (~ ~ ~cil,~u~(,~ ~~~ l~Q G'~'~~?1~:~5 ~~~ }CPC . (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; 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 constraint or undue influence. Testatrix V rtness Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this ~ day of May, 2010. COMMONWcALTH Ol- PENNSYLVANIA Notarial Seal Teri L Watiter, Notary PubNo Lemoyne Baro. Curr>bertand Coutry My Oortmteaion F~Yes Jen. 20, 2011 Member, Pennsylvania AssoCIllNon of tdotarir+s Expires ;, ~ ~ ,~ , ~ s i ow'~ i 11 r ~'` ,~ .~~ ., ~~ ~~ ~ ,.,f ?p'' . , - :"~ ~ - 6~ ~~ 4 r` ` _- t l I y ^, ry"~