HomeMy WebLinkAbout01-27-11- _ _ ~ __,-
PETITION FOR PROBATE AND GRANT OF LETTER
Register of Wills of Cumberland County, Pennsy,.lJvania
Estate of Jennie D. Carswell File No. t ~' ~ ~ - b // X i
also known as Jennie Carswell
Late of: East Pennsboro Township, Cumberland
Count), ,Deceased Social Security Number 181-42-9820
Petitioner(s), who is/are 18 years of age or older apply(ies) foe
COMPLETE `A' OR `B' BELOW.)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executrix named in the L~a~t Will of the Decedent,
dated 09/28/2004 and codicil(s) dated none
none
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry or divorce; did not have a child born or adopted after execution of the doctane offered for
probate; was not the victim of a killing; was never adjudicated incapacitated; and was not a party to a pending divorce p eding at the
§3323(g): non
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time of death wherein the grounds for divorce
^ B. Grant of Letters of Administration '
(If applicable, enter c.t.a., d.b.n.c.t.a.: pendentelite; duranteabsentia; durance
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oritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the followings (if any) aged heirs: I
Administration, c.t.a. or d.b.n.c.t.o., enter date of Will in Section A above and compete list of heirs. ~C..
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Name Relationshi Resi ~ '"~" r
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(COMPLETE INALL CASES:) Attack additional sheets ijnecessary.
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence ~ C~
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at 32 S. Enola Drive East Pennsboro Townshi Enol P nns lvania
(list street, number and municipality) j
at Harrisburg Hospital ~
2011
died on January 17
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ears of a
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Decedent at death owned property with estimated values as follows:
50 000
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
in County
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(If not domiciled in PA)
lvania ~~
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situated as follows: 32 S. Enola Drive East Pennsboro Township Enola. Pennsvlvania _ i
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of I~tt ers in the appropriate ft
the undersi ed:
Signature Typed or printed name and residence ',
Debra K. Lcew ',
1120 Wenrich Street
Harrisbur , PA 17112-1862 '
Form RW-O2 rev. 10.13.06
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LAST WILL AND TESTAMENT
I, Jennie Carswell, of Cumberland County, Pennsylvania, do rn~2lke, publish
and declare this to be my Last Will and Testament, hereby revoking all other Wills and
Codicils at any time heretofore made by me.
ITEM I. I direct that all of my just debts and funeral expenses bd paid for as
soon as practicable after my decease, as part of the administration of my estb~e, from the
funds in my residuary estate.
ITEM II. I direct that all inheritance, estate, transfer, succession and death
taxes of any kind whatsoever which maybe payable by reason of my death, Hihether or not
with respect to property passing under this Will, shall be paid out of the ff~nds in my
residuary estate.
ITEM III. I hereby give a specific gift to my brother, Harold R. Lew III, and
my sister, Linda Frymire the sum of Two Thousand ($2000.00) Dollars each.'..
ITEM IV. I hereby give and bequeath to my daughter, Bonnie M. Carswell, in
trust, one-half (1/2) of my residuary estate.
ITEM V. I hereby give and bequeath to my son, David C. Cars ell, intrust,
one-half (1/2) of my residuary estate.
ITEM VI. That portion of my gift and bequest in Trust far ~ Bonnie M.
C~r,~well, shalt be held in a Special Supplemental Care Trust for Bonnie Ml Carswell, a
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~-~ dibbled p~r~in, as follows:
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- , -- tv ~.~~`~; Jennie Carswell
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The share of my estate that is set aside in trust for her shall b~ ~~•iheld by my
trustee, Harold R. Loew III, or the alternative trustee, Debra K. Loew, if Harold! R. Loew II I
is unable or unwilling to serve, or any other successor in trust for Bonnie M.j Carswell's
benefit in a Special Supplemental Care Trust in accordance with the following provisions:
A. It is my intention by this trust to create a purely discretionary supplemental
care fund for the benefit of Bonnie M. Carswell and not to displace financial a~s~stance that
may otherwise be available to her. Illustrative of the kinds of supplemental did I ursements
that would be appropriate for my Trustee to make from this trust for Bonnie' 11A. Carswell
include: sophisticated medical or dental or diagnostic work or treatment for whi~h there are
not funds otherwise available, including plastic surgery or other non-neces$~ry medical
procedures; private rehabilitative training; dental care; recreation and trdrlsportation;
differentials in cost between housing and shelter; for shared and priva~~ rooms in
institutional settings; supplemental nursing care and similar care that assistaNc~ programs
may not otherwise provide; telephone and television service, companiortisll for travel,
reading, driving and cultural experiences and payment to bring her sibling am~ others for
visitation in the event my Trustee deems that appropriate and reasonable. III,
B. It is important that Bonnie M. Carswell maintain a high lev~e~ of human
dignity and that her care be humane. If this trust were to be eroded by creditor, subjected
to liens or encumbrances, or cause assistance benef~s to be unavailable or t~~rninated, it
Jennie Carswe I
2
is likely that the trust corpus would be depleted prior to her death, especially if the cost of
care for her would be high. In such event, there would be no coverage for emergencies or
supplementation to basic needs. The trust provisions contained in this instrument should
be interpreted by my Trustee in light of these concerns and this intent.
C. My Trustee shall pay or apply for the benefit of Bonnie M. C~rfiwell for her
lifetime such amounts from the principal or income, or both, of this trust up Its the whole
thereof, as the Trustee, in the Trustee's sole and absolute discretion, may from (time to time
deem necessary or advisable for the satisfaction of special needs, if any. An~ylincome not
distributed shall be added annually to the principal. As used in this instrurrlelnt, "special
needs" refers to the requisite for maintaining good health, safety and welfare v~/hen, in the
discretion of the Trustee, such requisites are not being provided by any ptut~lic agency,
office or department of the state where Bonnie M. Carswell lives or of the U~nitle~d States, or
are not otherwise being provided by other sources of income available to Uhler. Special
needs shall include but shall not be limited to the list of non-support items I, referred to
herein.
D. In the event that she is unable to maintain and sup~ort herself
independently, the Trustee may, in the exercise of the Trustee's best ju'd~ment and
fiduciary duty, seek support and maintenance for her from all available public end private
sources. The Trustee shall take into consideration the applicable resources ah~ limitations
~!l~ _
Jennie Carsw 11
3
of any public assistance program from which she is eligible. In carrying out the provisions
of this trust, my Trustee shall be mindful of the probable future needs o'f IBonnie M.
Carswell but not of any trust remainder beneficiary.
E. It is my intent that part of the corpus of the trust created b ',this article
shall be used to supplant or replace public assistance benefits of any county, ~t~ate, federal
or other government agency that has a legal responsibility to serve persons witf~ disabilities
that are the same or similar to those which Bonnie M. Carswell may be experiencing. For
purposes of determining public assistance eligibility, no part of the principal or urhdistributed
income of the trust shall be considered available to her. In the event that the; Trustee is
required to release principal or income of the trust to or on behalf of Bonnie MI. Carswell to
pay for benefits or services which such public assistance is otherwise authorized to provide
were it not for the existence of this trust, or in the event the Trustee is reque~st~l to petition
the court or any other administrative agency for release of trust principal or inte~est for this
purpose, the Trustee is authorized to deny such request. My Trustee is authorized, in the
Trustee's discretion, to take whatever administrative or judicial steps maybe r~~cessary to
continue the public assistance program eligibility of Bonnie M. Carswell including obtaining
instructions from a court of competent jurisdiction rating that the trust cbr~us is not
available to the beneficiary for such eligibility purposes. Further, my true+lee should
cooperate with the beneficiary's conservator, guardian or legal representahti~re to seek
support and maintenance for the beneficiary from all available resources, inclining but not
Jennie Carswell '.
limited to, The Supplemental Social Security Program (SSI); the Medicaid Program; and
additional similar or successor programs; and from any private support sdurces. Any
expense of the Trustee, including reasonable attorney fees, shall be a proper iclharge to the
trust.
F. No interest in the principal or income of this trust shall be anticipated,
assigned or encumbered or shall be subject to any creditor or to any legal prdbess prior to
the actual receipt by the beneficiary. Furthermore, because this trust is to be conserved
and maintained for the special needs of Bonnie M. Carswell throughout her li~~, no part of
the corpus hereof, neither principal nor undistributed income, shall be construeld as part of
her estate or be subject to the claims of voluntary or involuntary creditors for thje provision
of care and services, including residential care by any public entity, office, d~~artment or
agency of any state or the United State or any governmental agency. Under no
circumstances can the beneficiary compel a distribution.
G. Notwithstanding anything to the contrary contained in this gust, in the
event that the trust has the effect of rendering Bonnie M. Carswell ineligible for any
program of public benefit, the Trustee is authorized, but not required, to temtiina~e this trust.
In determining whether the existence of the trust has the effect of rendering) Bonnie M.
Carswell ineligible for any program of public benefit, my Trustee is granted full and
complete discretion to initiate either administrative or judicial proceedings, or both, for the
purpose of determining eligibility. All costs relating thereto, including reasonable attorney
fees, shah be a proper charge to this trust. In the event of voluntary termilnation, the _
Jennie Carswrall
5
. ~__ ,.
undistributed balance of the trust shall be distributed as follows: I hereby give and
bequeath Four Thousand ($4,000.00) Dollars to Zion Lutheran Church, 265 N. ff nola Drive,
Enola, PA to be split and applied as follows: Two Thousand ($2,000.00)' Dollars for
education and Two Thousand ($2,000.00) Dollars for the property maintem~nce of the
Church building and its grounds. I also give Two Thousand ($2,000.00) Dollar to Special
Olympics, Pennsylvania Area M, 55 Miller Street, Summerdale, PA 17093. Orhe Hundred
(100%) Percent of the balance shall be distributed to my son, David C. Carswd~l, in trust as
hereinafter described, or if his Trust has terminated, to him directly, and if he has
predeceased Bonnie M. Carswell, to his beneficiary, by Will per stirpes or according to law
if he has no Will, per stirpes and if he has predeceased Bonnie, to his ben~f~ciaries per
stirpes.
H. It is my wish that subsequent to the termination of the above gust for the
benefit of Bonnie M. Carswell, if my son is living and distribution has been rnatl~ outright to
him or to his beneficiaries or heirs, if Bonnie M. Carswell is still living and th~r~ has been
voluntary termination of the trust in accordance with the provisions of this artic~l$, that such
contingent beneficiaries will conserve, manage and distribute the proceeds of the former
trust for the benefit of Bonnie M. Carswell making sure that she receives sufficiel~t funds for
her basic living and supplemental needs when public assistance benefits are ui~~vailable or
insufficient. This request pertaining to the use and management of the trust pro~eeds after
the termination of the trust is not mandatory, but is an expression of my wisti~s only.
Jennie Carsw II
e
I. Unless sooner terminated, the trust created for Bonnie M. Gairswell shall
terminate upon her death. At that time, all remaining trust assets shall be distributed as
follows: I hereby give and bequeath Four Thousand ($4,000.00) Dollars to Zidn Lutheran
Church, 265 N. Enola Drive, Enola, PA to be split and applied as follows: Tv+vc~ Thousand
($2,000.00) Dollars for education and Two Thousand ($2,000.00) Dollars for the property
maintenance of the Church building and its grounds. I also give Two! Thousand
($2,000.00) Dollars to Special Olympics, Pennsylvania Area M, 55 Miler Street,
Summerdale, PA 17093. One Hundred (100%) Percent of the balance shall ~ distributed
to my son, David C. Carswell, in trust as hereinafter described, or if his Trust has
terminated, to him directly, and if he has predeceased Bonnie M. Car~yvell, to his
beneficiary, by Will per stirpes or according to law if he has no Will, per stir~~s and if he
has predeceased Bonnie, to his beneficiaries per stirpes.
J. Subject to the requirement that my Trustee be prudent, my T~ustee shall
have full power and authority to manage and control the trust estate and to sell, exchange,
i
lease, rent, assign, transfer and otherwise dispose of any part thereof upon suc~ terms and
conditions as my Trustee may, in my Trustee's discretion, deem proper. Mly Tlrustee may
invest or reinvest all or any part of the trust estate in such common or pref~~red stocks,
bonds, debentures, mortgages, deeds, deeds of trust, notes and other' securities,
investments of property, including common trust funds, which my Trustee, in nnly Trustee's
.c~c~%C~
nnie Carswell
7
absolute discretion, may select or determine. It is my express intention that the Trustee
shall have full power to invest and reinvest the trust funds as I might do if luring, without
being restricted to forms of investments which trustees may be otherwise penm~tted by law
to make, and without any requirements as to the diversification of investments. ~My Trustee
may continue to hold in the form in which received, any securities or any pro~~rty which I
might own at the time of my death or which my Trustee may at any time acquire~hereunder;
and may invest any part of the trust funds in property located within or outsidd ~f the State
of Pennsylvania.
My Trustee is further authorized to invest in life, annuity, accident, sickness,
including disability, and medical insurance on behalf of and for the benefit {~f the. trust
beneficiary.
ITEM VII. That portion of my gift and bequest in Trust for David ~. Carswell
shall be as follows: ~'
A. All terms of the Trust for Bonnie M. Carswell are incorporated hiel~ein for the
benefit of David C. Carswell should he be disabled and entitled to govemme'n~al benefits
such as S.S.I., Medicaid or other benefits at the time of my death.
B. If David C. Carswell is not disabled as above described then, u~c}n reaching
the age of 25,-David C. Carswell shall be entitled to withdraw one-third (1/3) o~t~e balance
of income and principal for his own use. At the age of 28, he shall be entitled! t~ take one-
half (1/2) of the balance of income and principal. Upon reaching 30 years of ~~e, he shall
be entitled to the balance of interest and principal in his trust.
nnie Carswell
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C. The Trustee may, in his sole discretion, give David C. Carswell array amounts
the Trustee deems proper, for David C. Carswell's health, education, maintenance or
welfare, so long as such amounts result in no loss of eligibility for benefits~r~r~ any other
source.
D. If David C. Carswell shall die or his Trust is terminated while eny'~principal or
interest remain in his Trust, the balance shall be paid to Bonnie M. Carswell, intrust under
the Special Supplemental Care Trust herein established by me for her bendfi~.
E. If David C. Carswell shall survive Bonnie M. Carswell and ariy,~ income or
principal remain in his Trust herein, it shall be payable according to his Wi~l,'~~ and in the
absence of a Will, according to Pennsylvania intestate law.
ITEM VIII. I hereby nominate, constitute and appoint my brath~rt, Harold R.
Loew, III, to serve as my Executor. If he is unable or unwilling to serve, I het~by appoint
his wife, Debra K. Loew, as alternate Executor. My Executor shall serve uvith~ut bond.
IN WITNESS WHEREOF, I have set my hand and seal to this,'nfiy Last Will
and Testament, which consists of eleven (11) pages, to each of which I have,i affixed my
signature this 1~ day of 004.
L)
nie Carswell
9
r
SIGNED, SEALED, PUBLISHED AND DECLARED by the a~~ve named
testator, as and for her Will, in the presence of us, who, at her request, in h~~ presence,
and in the presence of each other, have hereunto subscribed our names ~s ~itnesses in
attestation thereof.
----~
residing at y~-~8/ ,~
Witness
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residing at S~Dd ,~~c~/~,2, .--
fitness ~~~~'~ < / ~//~'
10
~~._
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN: ~ )
I, Jennie Carswell, having been duly qualified according to law, ackmo~edge that I
signed the foregoing instrumen# as my Last Will and Testament, and that I ~igr-ed it as my
free and voluntary act for the purposes therein expressed.
Jennie Carswell
We, having been duly qualified according to law, depose and sayr that we were
present and saw Jennie Carswell sign the foregoing instrument as her' Last Will and
Testament; that she signed it as her free and voluntary act for the purpm$es therein
expressed; that each of us in her sight and hearing and at her request signed ~tlhe Last Will
and Testament as witnesses; and that to the best of our knowledge she wad at ghat time 18
or more years of age, of sound mind and under no constraint or undue int~u~nc~e.
Subscribed, sworn to or _,~,,.,,,,;,,
affirmed and acknowledged Witness
before me by the above
named testator and by the
witnesses whose names appear
opposite on the .a~, day
of ~L, 2004. ,~
Witness
~' ~. ts~nn~ap
o ry Public
Notarial seal
Nildci M. Om~bee, Notary Public
Lower Paxton Twp., D~euplrn Canty
My l:',ammission ExQire6 Mar. 7, 2006
Mender. Pennsylva~tia Association OF Notaries
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