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HomeMy WebLinkAbout10-25-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number ~ ~ ~ ~ ~-~'""` Estate of Marianne L. Stansfield also known as 174-20-3966 Deceased Social Security Number Petitioner(s), who is/are 18 years 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 1, 2003 and codicil(s) dated N/A Edward E. Stansfield redeceased on March 16 2008 and L e S. Beck redeceased on A ri13 2004 (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 born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durante minoritateJ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) n o '~ ~ t'rl f V r- ~ . - ~>~ ~ _. (COMPLETE INALL CASES:) Attach additional sheets if necessary. --~ tV -r, Decedent was domiciled at death in Oberland County, Pennsylvania with his /her last principal~sidence at ~ '~ '~ C- 5120 K lock Road Mechanicsbur U er Allen Townshi Penns lvania 17055 (List street address, town/city, township, county, state, zip code) 85 ears of a e died on October 7, 2010 at Bethany Village Skilled Nursing Center, Lower Allen Decedent, then Y g Townshi Cumberland Coun Penns lvania r,,.,.,.,iPnr Ar death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County $ 1,197,000.00 $ 0.00 situated as follows: N/A Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: LL Laurie S. Greenawalt, 5120 Kylock Road, Mechanicsburg, PA 17055 h Q,t~ 1 v 5~ t-r~-'t cam` tz ~ l~ Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed bef~orne m~e the .~ day of U~ ~~ For Register haw~tc. Signature of Personal 1 ~Zr°i>'t ~a ~C ,~ rv c~ Signature of Personal Representative ;s ~ O ~ ~ ~ ~ Signature of Personal Representative = ~-~ a CJ3 ~7~ ~~ ;~~~ ~ `~ -n .. . _. _. .. b ~~-~~-I~~~ N File Number: ~ Estate of Marianne L. Stansfield ,Deceased ~-, - T^'~' { -- - '-~ ,_• ~ C~ Social /Security NJu~mbe"`r~17-4~-2r,0,-n39r66 s, ~ Date of Death: October 7, 2010 AND NOW, /Ji ~~ ~ ~I ~.( .~1 IJI~Y'J , ~%'/~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Laurie S. Greenawalt in the above estate and that the instrument(s) dated May 1, 2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES v `~-~ O '~ $ ' Register of Wills (~ ~~ Letters .......... Short Certificate(s) .. ~ . $ ~ ~ Attorney Signature: Renunciation(s) .......... t y ,~ J $ $ Attorney Name: Elyse E. ogers "~ Il , '~7 ~l_ ~ ... 1I $ ~' ~ Supreme Court LD. No.: 41274 $ Address: Keefer Wood Allen & Rahal, LLP ... $ $ 635 North 12th Street, Suite 400 ... $ Lemoyne, PA 17043 ••• $ Telephone: 717-612-5801 ... $_ i 3 TOTAL .............. lPlJ $ Form RW-02 rev. 10.13.06 Page 2 of 2 105.905 REV.(3/09) ~~~'/O '~ ~ ~~ ~~ This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. Marianne 5. Aye M1ap eNMry) ~ 85 ve. Monee eb. coanY a Damn Ctu~erland 11 paawarCa llnrlDUrraori DOrde irm a wan ~~eGeJ Q, ~~~ Linda A. Caniglia State Registrar WARNING: It is illegal to duplicate this copy by photostat or photograph. 5815536 Date No. e '^~l sz \~~ a COMMONWEALTH OF PENNSYLYANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See InetruCtlOne and examples on roveroe) gTATE FILE NUMBER 2 S•z 3. Sodel Sewrny NanO•r 4. Dab a Daeh (Mach. aaY. Y••0 Stansfield FeTnale 174 - 20 - 3966 October 7 2010 une.r t a, e. Dm a Bqn ae . T. e ~ rd err « a>4 Prr a D.mn Ctra ae HM I.Nuee HrDri' Ohsr. Oct. 26, 1924 Harrisburg, PA ^,,,~,,, ^ER/l)upanem ^DDA (~NUnpnpHOms ^Reeberx+ ^ohar-sPaalr cM, Boo, rwp. a Drh ea. FaiSy Nana In na irurum, pae eewtaM na~bar) s. wr D.udaa a Hiepwc pidnT No ^ Yr 10. Rse: Amerbr in6en, Boric wHr, me. cn rb, rower cyan, IsP.ayi Lower Allen 4tap. Eethany Village Skilled Nursing ~ R.na R'an• ~l White mom d Sa 0o na etW 12. Wr Dacetlan aaer b h. 13. Dseaem'e Earamn (SpedM ^^N V•aa canes 1I. Manor l3Wr: Mertrd, Nwwr Menra, t5. surNno Spare (n wnq Bn'• meiar nano) u.s. Amrd FacrT Elemeaery / s«aebrY lo-tz) DoAeB• (t~ «s.) Ynmw.a, Diaoreea lspeaYyl wroaeuwerlraemY Widowed 78. peoeaaMa MaSnp Aa«er leaaar. onT r awn. era 5120 Kylock Road ^ yr ~ No 2 ecaea ReYaaiw 1h Srb DeannSyl clan; a 7 ITC. ®Yr, Dxaeun linen h Allen rwp. 1m.coaay (yWDharlanrl tTa.^ Dec~ma~~naLNeawiw, ciy/Boo 1Ca7E'.G L W • aJV•ri 20E. 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Ilaalam EaalnYUrlCarolrr 1)n ar trmadaaarYlemr rmlarrmlpdon.r my apNYar, deedr aerrrwrllwur,oar,ew plra,rmarrm. nllrlp rm mamwratalaa_ 91_Neme ud(P~~Wn°~Ce~W~`b ~f 3S: I~ I ~~ I ~ I ~ I ~ I 3°. are ~ . aW. rwA 3 .~ 1~ TN~I'~ geprnlan PMNI No. 0497870 /-~ ~ ~~ ~ 2 0 2010 V ~ S~ Q ~' ~ : . ~ ' --' CQ'~~T't -~ - c __~ --1=i b tU '~'~~ --r? .F' F:\FILES\DATAFTLE\Eslale Plwning\10844-I.w.will LAST WILL AND TESTAMENT I, MARIANNE L. STANSFIELD, of Upper Allen Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils made by me. ITEM ONE My Executor shall pay all expenses of my last illness and funeral, costs of administration including ancillary, costs of safeguarding and delivering legacies, and other proper charges against my estate (excluding debts secured by real property or life insurance). My Executor shall also pay all estate and inheritance taxes assessed by reason of my death from the residue of my estate. Interest and penalties concerning any tax shall be paid and charged in the same manner as the tax. I waive for my estate all rights of apportionment or reimbursement for any payments made pursuant to this article. My Executor's selection of assets to be sold to make the foregoing payments, and the tax effects thereof, shall not be subject to question by any beneficiary. My Executor shall make such elections and allocations under the tax laws as my Executor deems advisable, without regard to the relative interests of the beneficiaries and without liability to any person. No adjustment shall be made between principal and income or in the relative interests of the beneficiaries to compensate for the effect of elections or allocations under the tax laws made by my Executor or by the Trustee. The balance of my estate which remains after the foregoing payments h~ been made CY ~ r, or provided for shall be disposed of as hereinafter provided. ~ ., ~~ ~-> - J C `l r-= } ~-; n '~-~ ITEM TWO - ~;~ ~,, _" . r~~ ~, -- I give such items of personalty as are itemized in a certain list attaches tofi~e =' ~~ persons named thereon, which list is signed and dated by me at the end thereof. ~ all ot}~r ~ ~ t ~ <..~ .-, personal and household effects, automobiles, boats and collections, and any insurance polities ~' thereon, not disposed of hereinbefore to my spouse, EDWARD E. STANSFIELD, if my spouse Page 1 of 9 Pages .,n.~ [Initials) survives me by sixty (60) days, otherwise to my children who so survive me, without substitution of issue, to be divided equally among them as they agree. My Executor shall sell any property as to which there is no agreement within sixty (60) days after admission of this will to probate and shall add the proceeds to the residue of my estate. ITEM THREE If my said spouse survives me, in order to obtain the portion of the marital deduction allowed in my estate by the Federal tax laws that will eliminate all Federal estate taxes payable as a result of my death, my Executor shall divide my residuary estate into two (2) portions known as the "Marital Trust" and the "Family Trust". If I am not so survived by my said spouse, I give, devise and bequeath all of the rest, residue and remainder of my estate unto my Trustee to be held or distributed by such Trustee under ITEM FIVE, B., hereof. If my said spouse and I die simultaneously, or under circumstances which render it difficult to determine who died first, my said spouse shall be deemed to have survived me for all purposes of this my Last Will and Testament. The Marital Trust, which shall not be reduced by any taxes payable by reason of my death, shall be the smallest pecuniary amount which, if allowed as a federal estate tax marital deduction, would result in the least possible federal estate tax payable by reason of my death. In determining the pecuniary amount, my Executor shall consider the credit for state death taxes only to the extent those taxes are not thereby incurred or increased and shall assume that none of the Family Trust hereinafter established qualifies for a federal estate tax deduction. My Executor shall select and allocate the cash, securities and other property, including real estate and interests therein, which shall constitute the trust, employing for the purpose values current at the time or times of allocation. No property shall be selected as to which a marital deduction would not be allowed if it were distributed outright to my said spouse. My said spouse shall have the right by written notice to require the conversion of unproductive property in the trust to productive property within a reasonable time. My Executor shall have the power to distribute assets in cash or in kind to the Marital Trust and to the Family Trust and to select specific property to be distributed to the Marital Trust or the Family Trust without regard to the income ~~~ [Initials] Page 2 of 9 Pages tax basis on such property. In making these allocations, my Executor shall use the value of the assets as of the date or dates of distribution so that each distribution shares proportionately in the appreciation or depreciation of assets between the date of my death and the date or dates for distribution. However, no allocation of assets shall be made to the Marital Trust which does not qualify for the marital deduction. To the extent that other assets which qualify for the marital deduction are available, there shall not be allocated to the Marital Trust (a) assets with respect to which an estate tax credit for foreign taxes paid is allowable or (b) any payments under an employees trust or retirement annuity contract of the type described in Section 2039(c) of the Internal Revenue Code or subsequent provisions of similar import or (c) United States Treasury Bonds that are eligible for redemption at par value in payment of the Federal estate tax. In computing the marital deduction all generation-skipping transferors for which I am the "deemed transferor" shall be disregarded. The Marital Trust shall be held and disposed of as set forth in ITEM FOUR hereof. The Family Trust shall be held and disposed of as set forth in ITEM FIVE hereof. ITEM FOUR MARITAL TRUST My Trustee shall hold the assets received under ITEM THREE hereof, if any, for the following purposes: A. To pay the net income, at least quarter-annually, to my said spouse, for life. B. My Trustee may also pay to my said spouse such sums from principal as my Trustee deems necessary or advisable from time to time for health and maintenance in reasonable comfort, considering income from all sources known to the Trustee. C. Upon the death of my spouse, the principal of the Marital Trust shall be added to or used to fund the Family Trust, except that, unless my spouse directs otherwise by will or revocable trust, my Trustee shall first pay from the principal of the Marital Trust, directly or to the legal representative of my said spouse's estate as my Trustee deems advisable, the amount by which the estate and inheritance taxes assessed by reason of the death of my said spouse shall be increased as a result of the inclusion of the Marital Trust in my spouse's estate for such tax ;~~~ [Initials] Page 3 of 9 Pages M Trustee's selection of assets to be sold to pay that amount, and the tax effects purposes. y thereof, shall not be subject to question by any beneficiary. hstanding any other provision of this Will, my Executor shall elect to have all of Notwit oses. for federal estate tax pure the Marital Trust treated as qualified terminable interest prope ate tax marital deduction in my I intend that the Marital Trust shall qualify for the federal e estate. Notwithstanding any other provision of this Will, all income of the Marital Trust accrue or undistributed at the death of my said spouse shall be paid to my spouse s estate. ITEM FIVE FAMILY TRUST Trustee shall hold the assets received under ITEM THREE hereof, if any, for the My following purposes: To a the net income, at least quarter-annually, to my said spouse, for life; but A. P Y e so a able to my said spouse shall at any time or times exceed the amount whic f if the mcom p Y rustee deems to be in my spouse's best interests (considering other income and means o the desirability o the T support known to the Trustee, including the income from the Marital Trusand factors deemed augmenting my spouse's separate estate, and any other circumstances he Trustee may pay any part or all of the excess income to any one or more of my pertinent), t from time to time living, in equal or unequal proportions, according to their descendants 've needs and best interests, or accumulate the same and add it to principal as the Trustee respects deems advisable. U on the death of my said spouse, or upon my death if my said spouse does not B. P me b sixty (60) days, my'1'rustee shall divide the Family Trust, including any amounbte survive y d thereto from the Marital Trust, into two (2) equal shares, with one such share to adde outri ht unto my daughter, LYNNE S• BECK, and one such share to be distribute distributed g o m daughter, LAURIE S• GREENAWALT. In the event either of my sai outright unt y ers shall fail to survive me by sixty (60) days or fail to survive to take any distribution daught nder and shall be survived by issue, then my deceased daughter's share shall be held y my hereu / [Init~ia/1~s] Page 4 of 9 Pages Trustee in trust as follows: l . I direct that my Trustee shall hold, invest and reinvest the same, collect the income arising therefrom, and after paying all expenses incident to the management of the trust, to use and apply as much of the income and principal as may be necessary in the sole discretion of my Trustee, in equal shares, for the support, well-being and. education of the issue of my deceased daughter. 2. I direct that each of the issue of my deceased daughter shall have the right of withdrawal of his or her equal share of the principal of said trust in the following manner: One-half (1/2) thereof as each attains the age of thirty (30) years; and the remainder as each attains the age of thirty-five (35) years. 3. The share or undistributed share of either of my said daughters who shall not be survived by issue shall be distributed by my said Trustee to my remaining daughter or her issue, per stirpes, in accordance with the terms hereof. 4. Prior to the distribution of the principal, my said Trustee shall have the sole discretion to invade the principal of said trust for the support, maintenance and education of the issue of such deceased daughter, regardless of age. 5. To the extent that the same is permitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary; and all sums payable to such beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. ITEM SIX I nominate, constitute and appoint my spouse, EDWARD E. STANSFIELD, as Executor of my estate. In the event he shall be unable or unwilling to serve in such capacity, then I appoint my daughters, LYNNE S. BECK and LAURIE S. GREENAWALT, or the survivor of them, to act in such capacity. ITEM SEVEN ITEM SEVEN I nominate, constitute and appoint my spouse, EDWARD E. STANSFIELD, as Trustee under the terms of this Last Will and Testament. In the event he shall be unable or unwilling to serve in such capacity, then I appoint my daughters, LYNNE S. BECK and LAURIE S. GREENAWALT, or the survivor of them, to act in such capacity. Any individual Trustee who wishes to resign may appoint her successor provided the appointment is of a bank or trust company. In the event all of the aforesaid named Trustees shall be unable or unwilling to serve and shall not have appointed a successor trustee, then I appoint HERSHEY TRUST COMPANY. A majority of all income beneficiaries of the trust or trusts created under this Will may from time to time remove any corporate trustee then acting for reasonable cause and substitute another corporate trustee; provided, however, that such successor corporate trustee shall not be a related or subordinate to any one or more of the beneficiaries hereunder within the meaning of Internal Revenue Code §672(c) or successor provisions. When the removed corporate trustee has received written notice of its removal and has been notified in writing by its successor corporate trustee of the tatter's acceptance, the removed corporate trustee shall surrender all books, records, and assets in its possession comprising any portion of the trust or relating to the trust. In no event shall the removed corporate trustee charge a "termination fee" based on a percentage of trust assets as a result of such removal but shall be entitled only to charge such fee as fairly represents the cost of any accounting required by the beneficiaries or successor corporate trustee as part of such removal and substitution. The removed corporate trustee shall not be relieved of liability until its successor has qualified and the removed trustee's accounting, if applicable, has been settled or the beneficiaries and successor corporate trustee have otherwise accepted an account stated in lieu of a formal accounting. As used in this paragraph, the term "reasonable cause" includes, but is not limited to: (1) poor investment performance, (2) the removal of all current income beneficiaries from the state in which the corporate trustee is licensed to conduct business as a corporate trustee, (3) inattention to the reasonable needs of the beneficiaries, (4) lack of communication between trustee and beneficiaries, (5) inaccurate or ~~~ ~~' [Initials] Page 6 of 9 Pages unclear transaction statements or statements of account, (6) conflicts between the corporate trustee and the beneficiaries, (7) merger, acquisition or deteriorating financial condition of the corporate trustee, or (8) high turnover of account officers assigned to any trust under this Will. ITEM EIGHT I direct that neither my Executor nor my Trustee shall be required to file a bond to secure the faithful performance of their duties in any jurisdiction. ITEM NINE I authorize and empower my Executor and Trustee, in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my Executor and Trustee consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my Executor, or his successor, shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. I authorize and empower the Trustee of the trusts for the benefit of my spouse to retain any residence or residences (houses, condominiums, apartments or cooperative apartments) (hereinafter called "such residence"), as part of the principal of any or all of such trusts and for such period or periods as they may deem advisable or proper while such trusts shall continue, for the benefit of my spouse, and to: `r~1~-~ [Initials] Page 7 of 9 Pages A. Maintain such residence as a home for the benefit of my said spouse and to pay such charges for maintenance, taxes, water charges, assessments, fuel, insurance, repairs (including substantial repairs, alterations and additions), mortgage interest and amortization, and general upkeep, in connection with such residence, from the income of such trusts (or the principal of the trust governed by the provisions of ITEM FOUR hereof J; B. Permit my said spouse to occupy such residence without the obligation to pay any rent or other charge for the occupancy or use thereof. I direct that my Trustee shall not be under any liability or obligation for failing to sell or otherwise dispose of such residence for the purpose of investing the proceeds of such sale or disposition, or for failure to repair and maintain the same, or for any loss of, damage to or depreciation in value thereof. IN WITNESS WHEREOF I have hereunto set my hand and seal this ~5~'" day of Y~a~ 02.003 Marianne L. Stansfield SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of t aid Testatrix and of each other. / . ~ , ,, Page 8 of 9 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, Marianne L. Stansfield, No V. Otto III, and ~) ~-}~, ~-~ ~ ~, ~ -}-}-~} , the Testatrix 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 Testatrix signed and executed the instrument as her last Will and that the Testatrix has signed willingly, and that the Testatrix 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 a witness and that to the best ofhis/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 1Q~arianne L. Stansfield, Testatrix Witness ~~ L Ct-~Z.c~ ~ ~ l ~~ Witness Subscribed, sworn to and acknowledged before me by Marianne L. Stansfield, the Testatrix, and subscribed and sworn to before me by No V. Otto III and '~ 1 C,`FU rc~~. ~ - b -~-4-r, ,the witnesses, this ~ S1` day of Yn/z~ , X003 . u Public ~J NOTARIAL SEAL CORR~NE L. MYERS, Public Carlisle Boro. CumberlN~~~ Commission E ~ 'res M 27, 2 Page 9 of 9 Pages