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HomeMy WebLinkAbout03-02-11IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ~,.: IN RE: ESTATE OF JUANITA L. ROSENBERRY: o n __W --' ~ a/k/a JUANITA L. CALAMAN, deceased ~ ~ ~ . ~' N0.21-08-0751 Tam `== ~:_ _. ~,; , `_J ~=~ J ~ ~ __ C ~ ~ L `~ PETITION TO APPOINT SUBSTITUTE TRUSTEE AND NOW, this day of March, 201 1, comes Jennifer R. Heishman, Executrix of the Estate of Juanita L. Rosenberry, a/k/a Juanita L. Calaman, by and through her counsel, Joseph D. Buckley, Esquire, and Petitions the Court to appoint a substitute trustee for the trust created under the Last Will and testament of Juanita L. Calaman based on the following: 1. Juanita L. Rosenberry, formerly Juanita L. Calaman ("decedent") died testate on July 9, 2008. 2. On July 17, 2008, decedents Last Will and Testament was presented to the Register of Wills in and for the County of Cumberland and the Register of Wills gated Letters Testimentary to Petitioner, Jennifer R. Heishman on the same date and those Letters remain in full force and effect. 3. In her Last Will and Testament, decedent, after making certain specific bequests, bequeathed "Twenty-five percent (25%) [of the remainder of her estate] to and for the benefit of my grandchildren, who survive me." 4. In her Last Will and Testament, decedent also established a trust for the benefit of her grandchildren who had not reached the age of twenty-five years. (A true and correct copy of the decedent's Last Will and Testament is attached and marked Exhibit "A") 5. The decedent has three children, all adults: Jennifer Heishman, Heidi L. Casner (now Heidi L. Young) and Karriann Calaman (now Karriann L. Mackey); and five grandchildren: Grant C. Heishman, Andrew J. Heishman (children of Jennifer R. Heishman), Dakoda L. Taylor, Landon R. Barclay, and Mathew J. Barclay (the children of Karriann L. Mackey), all minors. 6. In her Last Will and Testament, decedent named Orrstown Bank as Trustee and did not name a contingent Trustee. 7. After the Executrix determined the residual value of the Estate, that being $240,000.00, she funded the Trust and transferred the amount of $60,000.00 to Orrstown Bank and its Trust department. 8. Orrstown Bank, through its trust officer, notified the Executrix and her attorney, that it will not be able to administer the Trust and returned the funds to the Executrix. 9. The Execurix desires to be named Trustee of Trust established under decedent's Last Will and Testament. 10. The Executrix and her sister, Karriann, are the mothers and guardians of decedent's only grandchildren. 11. Both the Executrix and Karrianne Calaman, now Karriann L. Mackey desire that the Executrix be named the substitute Trustee for the said trust. 12. Executrix agrees not to accept any fees for her service and shall perform her duties as required by the Pennsylvania Probate, Estate and Fiduciaries Code and as required by the terms of the said trust. 13. Executrix request that she not be required to file a bond so as not to decrease the value of the trust. WHEREFORE, Petitioner requests this Honorable Court hold a hearing in this matter and Issue a Rule to Show Cause Why the Relief Requested Should Not Be Granted, returnable at the Hearing upon Jennifer R. Heishman, Karrianne Mackey and Heidi L. Casner, the guardian of the minor grandchildren and also the contingent beneficiaries. Respectfully submitted, supreme noun ili j~444 1237 Holly Pike Carlisle, PA 17013 717-249-2448 JoeBLaw@aol.com EXHIBIT «A~~ LAST WILL AND TESTAMENT OF JUANITA L. CALAMAN I, JUANITA L. CALAMAi~t, domiciled and resident at 339 Firehouse Road, Shippensburg, South Newton Township, Cumberland County, Commonwealth of Pennsylvania, declare that this document is my Will and revoke all my previous Wills and Codicils. I. IDENTIFICATIONS AND DEFINITIONS I am a widow. I have three (3) children, JENNIFER R. HEISHMAN, HEIDI L. CASNER, and KARRIANN CALAMAN, referred to in the Will as "my children." II. PAYMENT OF EXPENSES, DEBTS, AND TAXES I direct my Executor to pay medical, funeral, and administrative expenses and all taxes payable by reason of my death, before any division of my estate. My Executor shall not attempt to have any part of such taxes apportioned among the recipients of property includible in determining the amount of such taxes. Proceeds on insurance on my life up to the maximum allowable as an exemption from Pennsylvania Inheritance Tax and distributions from pension and profit sharing plans exempt frmm federal estate tax, all of which are payable to my Trustee or any beneficiary (other than my estate), shall not be used to pay debts, taxes, expenses of administration or other charges against my estates. III. SPECIFIC BEQUESTS I bequeath all of my late husband's guns (those having belonged to Ronald Calaman) to my grandsons who are living at the time of my death. I bequeath my 2.5 carat diamond ring to my daughter KARIANN CALAMAN. I bequeath all my remaining diamond jewelry to my daughter JENNIFER R. HEISHMAN. I bequeath all my remaining gemstone jewelry to my daughter HEIDI L. CASNER. If KARIANN CALAMAN owns the property adjacent to mine, the Estate shall be responsible for drilling a well and hooking the same into her plumbing system because, as it stands at the writing of this will, we both share the same well which is located on my property, or in the alternative, grant her water rights and an easement on my property. IV. DISPOSITION OF PROPERTY I dispose of the remainder of my property as follows: Twenty-five percent (25%) each to my daughters, JENNIFER R. HEISHMAN, HEIDI L. CASNER, and KARRIANN CALAMAN, or if they do not survive me, to their issue. If they leave no issue, then their share shall be divided equally among my remaining children. Twenty-five percent (25%) to and for the benefit of my grandchildren, who survive me as follows: To each who has attained the age of twenty-five (25) years, the share which he/she would take if all such property then were being distributed to my grandchildren who survive me, per stirpes. To my Trustee hereinafter named, the balance of such property, to be held, administered and distributed as provided in the article of this Will entitled TRUST FOR GRANDCHILDREN. V. TRUST FOR GRANDCHILDREN This trust is established for the benefit of my grandchildren from time to time living who have not attained the age of twenty-five (25) years. ncom :The net income shall be accumulated and thereafter treated as corpus. corpus: From the corpus of the trust, the Trustee shall pay from time to time or for the benefit of such one or more beneficiaries such variable amounts (even to the exhaustion of the trust) as are appropriate, in the discretion of the Trustee, for support and care where the beneficiary is not self-supporting through no fault of his own, for education (defined as four years of college, or equivalent preparation in business, technical or trade training) if the beneficiary strives therefore in good faith, and for extraordinary requirements occasioned by illness or other misfortune. Amounts of corpus so distributed shall not be taken into account in making division of the trust when a beneficiary attains the age for distribution to him provided in the next four paragraphs. It is my expectation and intention that if guardians of the person are appointed for a minor child, the Trustee will exercise the foregoing power in order to supply funds to the guardians adequate to maintain and support the minor child and to protect the guardians, to the extent possible, from suffering any significant financial burden by reason of their appointment. When each beneficiary attains the age of twenty-five (25) years, the Trustee shall pay to him the share to which he would be entitled if the then existing trust fund were distributed to my grandchildren then living, per stirpes, on the hypothesis that my only grandchildren then living are such beneficiary and all younger beneficiaries of this Trust. This trust shall terminate when the youngest beneficiary attains the age of twenty-five (25) years. If this last beneficiary dies before attaining that age, then upon his death Trustee shall distribute the fund to my grandchildren, then living, per stirpes. If, at the end of my accounting period, the current market value of the corpus of the trust does not exceed Twenty-Five thousand ($25,000.00) dollars, the corpus shall forthwith be paid to the beneficiaries of the trust then living, per stirpes (my grandchildren to be the stacks); provided--that:if a.distributee is-a minor under the.=Revised Uniform Gifts to Minors Act as that Act exists at the execution of this Will and, for the purpose, that Act is incorporated by reference. If this trust is still in existence on the date that is twenty-one (21) years after the death of the last to die of my grandchildren living at my death, Trustee shall divide the fund, per stirpes, among the then beneficiaries of the trust (my grandchildren to be the stocks). The share of each beneficiary shall be paid to him, provided the Trustee shall hold, administer the share of any distributee who then is a minor as Custodian in accordance with the provision in the last preceding paragraph. VI. FIDUCIARIES xec ~ I nominate and appoint my daughter, JENNIFER R. HEISHMAN, as Executor of this Will to serve without bond. If she does not survive me, declines to act, or having qualified, resigns, dies, or is removed, I nominate my daughters HEIDI L. CASNER and KARRIANN CALAMAN, to serve as Co-Executrices to serve without bond. Trustee: I nominate Orrstown Bank as Trustee. My Trustee shall not be required to file an inventory or accountings with the Clerk or the Court having jurisdiction over this Will. Orrstown Bank shall receive as compensation for services as Trustee such amounts as is customarily charges for similar services at the time those services are performed. owers: I give my fiduciaries, including successor fiduciaries, all the powers contained in Chapter 71 of the Pennsylvania Probate, Estates and Fiduciaries Code at the time of the execution of this Will, acid those powers are incorporated by reference. ~# ~~ VII. MISCELLANEOUS Survival Defined: No person shall be deemed to have survived me or to be living at my death if he/she shall die within thirty (30) days after my death. d tion~ Where a person has been adopted prior to attaining the age of eighteen (18) years, such person shall be treated for all purposes of this Will as the natural child of the adopting parents. In testimony of which I now sign this Will, in the presence of witnesses whose names will appear below, and request that hey witness my signature, and attest to the execution of this Will, this 7~ day of , 2002 at 1237 Holly Pike, Carlisle, Cumberland County, Pennsylv ~' . ANITA L. CAL AN JUANITA L. CAL,AMAN, in our presence, signed this instrument. Before she signed it, she declared to us that it was her Will and requested that we act as witnesses to its execution. We believe her to be of sound mind, possessing testamentary capacity, and not subject to undue influence, fraud, or coercion. We now, in her presence, and i~ OZ presence of each other, sign below as witnesses, all on this ? `s day ofv~cv~-- , at 1237 H lly Pike, Carlisle, Cumberland County, Pennsylvania. residing at 1237 Holly Pike, Carlisle, PA 17013. ~,~ - ~ residing at 29B Royal American Circle, Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, Joseph D. Buckley and Mary Z. Filiberti, the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as her Last Will: that she signed willingly and for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed to and s ~ criaedo fo before me by Jose ~h00D: Buckley and Mary Z. Filiberti, witnesses, this 7 d Y ~~'`"`' ,r ~-. i KAREN KAY BUCKLEY, Notary PuDNc outh Middletown Twp., Curt~beriend Co. My Comm.:.aion Expires Juns 23, 2005 VERIFICATION I, Jennifer R. Heishman, hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge and belief. I understand that the statements made herein are subject to the provisions and penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: °~ v ~' Je fifer ishman