HomeMy WebLinkAbout10-14-11 (2)CITATION
Office of the Register of Wills
Cumberland County, Pennsylvania
IN RE: Estate Blanche Stambaugh, Deceased
No. 21-11-1084
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO
Shawn Troutman
4711 Hunt Circle
Harrisburg, PA 17112-9543
Joseph Troutman
472 Wild Mint Lane
Allentown, PA 18104-8405
Michael A. Troutman
49 Longview Drive
Mechanicsburg, PA 17050
GREETINGS:
SS.
Sarah Troutman
1207 Union Street
Lancaster, PA 17603
Steven Troutman
15 Londonderry Lane
Owego, NY 13837
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AND NOW this 14th day of October, 2011, the Register of Wills of Cumberland County issues this
citation upon all heirs of the decedent to show cause why the Register of Wills should not admit the
document dated February 3, 2009, as the original Last Will and Testament of Blanche A. Stambaugh and
why Letters Testamentary should not be issued to Michael A. Troutman for the Estate of Blanche A.
Stambaugh.
Your response, if any, should be filed in her office within 20 days from the date of this citation.
If no response is filed within those 20 days, then Petitioner shall move to bring the matter for
resolution before the Register.
Cam' ,,-~
Glenda Farner Strabaugh
Register of Wills
CC: Lowell R. Gates, Esq
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BLANCHE STAMBAUGH CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-1084
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/14/11
JUDGE'S INITIALS: GFS
TIME STAMP DATE: 10/14/11
IN RE: CITATION
SERVICE TO: SARAH, STEVEN, SHAWN, JOSEPH, MICHAEL TROUTMAN
LOWELL R GATES ESO
METHOD OF MAILING:
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MAILED: 10/14/11
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
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MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF' ORPHANS COURT
c
Margie Wevo uJ
1~` Deputy
Clerk of Orphans' Court
BLANCHE A. STAMBAUGH
I, BLANCHE A. STAMBAUGH, now of 2100 Bent Creek Boulevard, Mechanicsburg,
Cumberland County, Pennsylvania, do publish and declare this to be my Last Will and Testament,
hereby revoking all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Ezecutor.
(A) Family and Background Information. I am married to DALE C. STAMBAUGH.
We have no children together. My child from my previous marriage is MICHAEL A.
TROi7TMAN. Throughout this Will, DALE C. STAMBAUGH will be referred to as "my
husband" or " my spouse," and MICHAEL A. TROUTMAN will be referred to as "my child" or
"my son". The word "issue" will include my child as well as my other descendants.
(B) Appointment of Ezecutor. I appoint as my Executor and successor Executor (all
hereinafter refereed to as Executor) under this Will, the following named persons to serve without
bond and without being required to account to any Court:
Executor: My son, MICHAEL A. TROUTMAN.
Successor Ezecutor: My grandson, SHAWN J. T~tOUTMAN.
SECOND: Funeral and Last Illness Ezpenses; Tazes.
(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) Tazes. 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 charged 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.
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LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 2
THIRD: Tangible Personal Property. Except for those items excluded below and those
items enumerated in the Letter of Instruction, I bequeath all tangible personal property, including but
not limited to clothing, jewelry, heirlooms, furniture, personal effects, motor vehicles, and all other
similar articles, which I own, and the insurance thereon, to my son, MICHAEL A. TROUTMAN,
per stirpes. Tangible personal property shall not include: (1) any and all property used by me in any
business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence
of indebtedness, and (5) any life, health or accident insurance policies.
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.
FOURTH: Family Homy.
[THIS ARTICLE IS INTENTIONALLY LEFT BLANK.]
FIFTH: Residuary Gifts.
(A) 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), in the following amounts to the respective named and designated
beneficiary:
(1) TEN THOUSAND DOLLARS ($10,000.00) of the residue of my estate shall be
distributed to my grandson, SHAWN J. TROUTMAN.
(2) FIFTEEN HUNDRED DOLLARS ($1,500.00) of the residue of my estate shall
be distributed to my granddaughter, SARAH TROUTMAN.
(3) FIFTEEN HUNDRED DOLLARS ($1,500.00) of the residue of my estate shall
be distributed to my grandson, JOSEPH TROUTMAN.
Gl~
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LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 3
(4) FIFTEEN HUNDRED DOLLARS ($1,500.00) of the residue of my estate shall
be distributed to my grandson, STEVEN TROUTMAN.
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, devises or residuary bequests (and including any property over
which I may have a Power of Appointment), to my son, MICHAEL A. TROUTMAN, per stirpes.
(C) Distributions During 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.
SIXTH: Suendthrift 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.
SEVENTH: Powers of Executor. 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 him 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 deeds and instruments 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, real, personal or mixed,
at any time held or acquired hereunder, at public or private sale, for cash or on terms, without
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LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 4
advertisement, including the right to lease for any term notwithstanding the period of tiie
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, choses
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard 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 regard 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.
(6) 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, including the power to
borrow at a reasonable rate of interest.
(8) To retain and carry 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
regard to any such business or property and to hold the stock or other securities as an
LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 5
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) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such
property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such person. If such person should die
before becoming twenty-one (21) years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian, but shall
be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same
to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian
of such person if one has already been appointed, or to use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into separate 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 distribution or
division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
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LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 6
equitable and fair under all circumstances, including the power to amortize or fail to amortize airy
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.
(F) If at any time the total fair market 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 equal to or less than the minimum annual fee set forth in the Trustee's regularly 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.
(G) Unless the context clearly states otherwise, when the authority and power under this Will
is vested in two (2) or more Executors, the authority and powers are to be held jointly by the
Executors. A majority of the Executors 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 to act under this
Will on other than ministerial acts shall be void. The action of one such Executor under this Will
may be validated by a subsequent ratification of the act by a majority of the Executors.
EIGHTH: Rights and Liabilities of Executor. No bond or other security shall be required
of any Executor. 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 of the estate, the overall performance of the entire estate shall be taken into account.
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LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 7
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 similar
services during the time which he/she performs the services.
NINTH: Taa Elections. 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. If the Executor joins with my spouse in filing income tax returns, or consenting for
gift tax purposes to having gifts made by either of us during my life considered as having been made
one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such
proportions as they may agree. 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.
TENTH: Definitions and General Provisions.
(A) Survival. Any beneficiary, including my spouse, who dies within sixty (60) days
after my death shall be considered not to have survived me.
(B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired,
including income, which may belong to a Trust at any given time.
(C) Children. Except for discretionary distributions which may be made unequally
among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment,
in making a distribution to the children of any person, the property to be distributed shall be divided
into as many shares as there are living children of the person and deceased children of the person
who left children who are then-living. Each living child shall take one share and the share of each
deceased child shall be divided among his then-living descendants in the same manner. A
posthumous child shall be considered as living at the death of his parent.
(D) 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.
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LAST WILL AND TESTAMENT
OF
BLANCHE A. STAMBAUGH
PAGE 8
(E) Other terms. The use of any gender includes the other genders, and the use of either
the singular or the plural includes the other.
(F) Captions. The captions set forth in this Will at the beginning of the various divisions
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.
(G) Powers of Appointment are Exercised. By this Will I exercise any Power of
Appointment which I may possess at my death.
IN WITNESS WHEREOF, I, BLANCHE A. STAMBAUGH, the Testatrix, have to this
my Last Will and Testament, typewritten on nine (9) pages, including the Acknowledgment and
Affidavit, set my hand and seal this ~ ~a day of February, 2009.
BLANCHE A. STAMBAUGH
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 eight (8) other consecutively numbered typewritten pages
including the Acknowledgment and Affidavit.
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residing at G "if'i~~' ~~CC ,
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~-C~ _
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.
,'
Witness
Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this ~? day of February, 2009. ~.--~
COMMONWEALTH OF PE;•:i~ISYLVANIA Ota ubliC
Notariar Seal ommission Expires:
Teri L Walker, Notary Public
Lemoyne i~r6, Ci rmhetiand County
My Commission. Exaires Jan. 20, 2011
Member, Pennsvl~~anis. Association of Notaries
Testatrix
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