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HomeMy WebLinkAbout06-12-12at - ~Z.- ~t'`6~ Hall, Marie From: Wayne F. Shade <waynefshade@comcast.net> Sent• Friday, June 08, 2012 2:32 PM To: Hall, Marie ~c; Grace E. D'Alo; Michael Scherer Subject: Dodie Rae Stimeling Attachments: willjane.stimeling.pdf Marie: Attached is a copy of the Last Will and Testament of Jane E. Stimeling that the Judge wanted to see in connection with the above matter. I do not see where the Will gives anything to Dodie Rae Stimeling. As soon as we receive the hard copy from counsel for the executor, we will file it with the Clerk of the Orphans' Court By copy of this email to counsel for Dodie Rae Stimeling and Mrs. Heberlig, we are favoring them with a copy as well Have a good weekend. Wayne Wayne F. Shade, Esquire Attorney-at-Law 53 West Pomfret Street Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 E-Mail: wavnefshade a comcast.net CONFIDENTIALITY NOTE: THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS ELECTRONIC MAIL MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS ELECTRONIC MAIL IN ERROR, PLEASE ACCEPT OUR APOLOGIES AND IMMEDIATELY DELETE IT, AS WELL AS NOTIFYING US OF THE ERROR BY REPLYING TO THIS ELECTRONIC MAIL OR CALL US AT 800-243-0220. n.~ ~-, C T C:2_ ~ ~~ ~ -~ -~ 1 ~+~ ~~ w I hereby Cer~i that this ~ a ~ 8R~ ~~~ ~t~. ~~.~t i11 ~zrt.~ ~P~ I, JANE STIlv1ELING, of Elizabethtown, County of Lancaster and Commonwealth of Pennsylvania, being of sound mind, memory and understanding, do make, publish and declaze this to be my Last Will and Testament, hereby revoking and making void any former Will or Writing in the nature thereof, by me, at any time heretofore made. FIRST: I order and direct my Executor hereinafter named to pay all my just debts and funeral expenses, if any, including the cost of a grave lot, grave mazker and the fmal lettering thereon, to be placed on my grave as soon, as can be conveniently done after my decease. SECOND: I hereby order and direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, other than income taxes and death taxes on the special "use" value of real estate, and special "use" value of qualifying businesses (including any interest and penalties thereon), which may be payable by reason of my death, whether or not with respect to property passing under this Will, other than with respect to any pensions, profit sharing or retirement plan, shall be paid out of the residuary estate passing under Pazagraph FIFTH herein. Taxes on fiiture interests shall be prepaid. Such pa}nnent shall be made as an expense of administration and without apportionment and reimbursement. THIRD: All my personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible personal property of every kind, I give, to my beloved sons, PAUL B. STIlvIELING, JR., of Elizabethtown, Pennsylvania, and JEFFREY L. STIIvfELING, ofKissimmee, Florida if either survives me for a period of thirty days. In the event that either of my sons should predecease me leaving a child or children, then that son's share shall pass to said child or children, in equal shares, per stirpes. In the event that either of my sons should predecease me leaving no child or children, then I give said personal effects to the survivor of the two. There maybe found at the time ofmy death certain lists specifying items to go to my family members. If said lists aze found the items contained therein shall be distributed as though said lists are fully incorporated into this Will. FOURTH: I order and duect that my sons receive. my real estate as follows: 1. I give, devise and bequeath my real estate located at 220 East North Street, ~~:~ --- 1 :" ~7.5. J Carlisle, Cumberland County, Pennsylvania unto my son, PAUL B. STIMELING, JR. to be held in trust by JEFFREY L. STIMELING as Trustee, subject to the following provisions: I direct that the property be held in trust by my son, JEFFREY L. STIMELING, on behalf of my son, PAUL B. STIMELING, JR. I further direct that my son, PAUL B. STIMELING, JR., have the right reside at 220 East North Street, Carlisle, Pennsylvania during his life without bond and without liability for waste and without the payment of rent; provided however, that he shall maintain adequate property insurazice thereon and shall pay all insurance premiums; real estate taxes, assessments, mortgage interest and principal, and shall maintain and keep the premises in good repair. A Deed shall be prepared by the Estate conveying the property to the Trustee on behalf of my son, PAUL B. STIMELING, JR., containing a Life Estate for the benefit of, PAUL B. STIIv1ELING, 7R. Should my son, PAUL B. STIMELING, 7R., at some point decide not to reside there any longer, or if the property should remain vacant for a period of thirty (30) days or more, the real estate shall be sold by the Trustee and the proceeds from the sale of the real estate shall go into the Tntst designated in Paragraph 6 below. In the event that my son, PAUL B. STIMELING, JR., should become deceased leaving a child or children; then the real estate shall be sold and the proceeds from the sale of the real estate shall go into the Trust designated in Paragraph 6 below. 2. I give, devise and bequeath the real estate located at 218 East North Street, Cazlisle, Cumberland County, Pennsylvania azid 44 Cranfield Court, Elizabethtown, Lancaster County, Pennsylvania to my son, JEFFREY L. STIIvfEL1NG. FIFTH: All the rest, residue and remainder of my estate of whatsoever kind and wheresoever the same may be situate at the time of my decease, I give, devise and bequeath as follows: 1. One-third to my son, JEFFREY L STIMELING, IN TRUST for my son, PAUL B. STIMELING, TR. 2. Two-thirds to my son, JEFFREY L. STIlv1EL1NG. Tn the event that either of my sons should predecease me leaving a child or children, then that son's share shall pass to said child or children, in equal shazes, per stirpes. in the event that either of my sons should predecease me leaving no child or children, then I give said rest, remainder 2 J.S. and reside to the survivor of the two. SIXTH: I direct such my son's, PAUL B. STIMELING, JR.'s, share be payable to my son, JEFFREY L. STIMELING, Kissemmee, Florida, or in the event that he should predecease me or otherwise be unable to serve, then my son's share be payable to, PATRICIA MILLER, Elizabethtown, Pennsylvania, IN TRUST NEVERTHELESS, to invest and reinvest any money or other assets therein for the following uses and purposes and subject to the following limitations and conditions: (1) The Trustee herein shall be authorized to pay from income of the trust fund, for the use and benefit. of my son, such sums as it, in its sole discretion, deems proper for their .maintenance, support, and a monthly allowance, if requested, and for their college education, trade or vocational education, hospital and medical expenses, hospital and medical insurance premiums and the general necessities of life. (2) The said Trustee is also authorized to use so much of the principal of the trust fund as it may deem necessary to pay any of the above referred to expenses in the event that the income is not sufficient to pay said expenses. (3) Upon the death of my son, PAUL B. ST11v1ELING, JR., the Trustee shall pay over the remaining corpus of the trust, both principal az~d accumulated income ni equal shazes, per stirpes, to his child or children, and said trust shall terminate, free and clear of all trust provisions. In the event that my son, PAUL B. STTMELING, JR., leaves no child or children, then his share shall pass to my son, JEFFREY L. STIMELING, and said trust shall terminate, free and clear of all trust provisions. (4) The Trustee herein shall have the following powers in addition to those vested in it by law and by other provisions of my Will, applicable to all property, whether principal or income, and effective until actual distribution of all property: (a) To retain any or all of the assets of my estate, real or personal without regard to any principle of diversification, risk or productivity. (b) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, including any trust funds of any corporate fiduciary involved herein, without restriction to investments authorized for Pennsylvania fiduciaries, as it may deem proper, without regard to any principle of diversification, risk or productivity. (c) To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give options for sale, exchanges or leases, for such prices and upon such terms or conditions as it may deem proper. (d) To allocate receipts and expenses to principal or income or partly to each as my corporate trustee from time to time thinks proper. (5) My said Trustee shall have the authority and the right to administer any and all assets which may be turned over to it from any source whatsoever, including but not limited to, any life insurance proceeds from any source whatsoever. (b) 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 whatsoever given to such beneficiaries, and all sutras payable to such beneficiaries hereunder shall be free and clear of 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, and, in the case of a married person, free from the control of his or her spouse. J.S. SEVENTH: I nominate, constitute and appoint JEFFREY L. STIMELING to act as Guardian of the estate of any minor beneficiaries under this my Last Will and Testament, and any other beneficiary physically or mentally unable to manage his or her affairs. Such Guardian shall have the power to use principal as well as income from time to time, for the minor's or physically or mentally disabled beneficiary's support, welfare and education, and shall have the authority to invest the principal and any accumulated income in income producing real estate and in any securities, stocks, common trust funds, whether of the corporate guardian or any other financial institution, money market funds and life insurance proceeds, or other personal property, which the Guardian may deem for the best interests. f the minor or physically or mentally disabled beneficiary according to the standards of pntdent investments without being confined to so-called legal investments. EIGHTH: I authorize and empower my Executor hereinafter named to sell anyreal estate of which I may die possessed, if any, at either public or private sale at his discretion, and to give good and sufficient deed or deeds of conveyance to the purchaser or purchasers thereof. NINTH: I nominate, constihite and appoint my son, JEFFREY L. STIIvIELING to be the Executor of this my Last Will and Testament. Said Executor to serve in such capacity in any jurisdiction without the necessity of giving any Bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4`h day of January, Two Thousand Ten (2010). ., (SEAL) JANE STIMELING SIGNED, sealed, published and declared by the above-named Testatrix, JANE STIMELING, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto., ~` - 1r. • ^,~~~ residing at Elizabethtown, PA. 1 ,residing at Columbia, PA. .1 + J .% J.S. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF LANCASTER ) We, JANE STIMEING, the Testatrix, Denise M, Shank and Yvonne M. Yohe, witnesses, respectively, whose names are signed to the attached or 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 Testament and that she signed willingly, and that she 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 witness and that to the best of their knowledge, information and belief, the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. - ~..• r , ~:~-•. ~ TESTATRIX ~, ,~' WITNESS J. i WITNESS SUBSCRIBED, sworn to and acknowledged before me bydANE STIlvIELING, the Testatrix, and subscribed and sworn to before me by Denise M: Shank and Yvorme M. Yohe, witnesses, on January 4, 2010. _1, ' .-, - NOTTARY~PU~LIC cotrtwtorau~un~t of t~snvarta ~~ s.a DeMw A. Llac, Notary Pub9c [:IWbalhtwnt8oro, laoaaNt Caunly ,019 , .R as 5 ~~.~t 3~t11 ~.n~r ~P~ f hereby l~rt~and I, .TANS STTMELING, of Elizabethtown, County of Lancaster and Commonwealth of Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any former Will or Writing in the nature thereof, by me, at any time heretofore made. FIRST: I order and direct my Executor hereinafter named to pay all my just debts and funeral expenses, if any, including the cost of a grave lot, grave marker and the final lettering thereon, to be placed on my grave as soon as can be conveniently done after my decease. SECOND: I hereby order and direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, other than income taxes and death taxes on the special "use" value of real estate, and special "use" value of qualifying businesses (including any interest and penalties thereon), which may be payable by reason of my death, whether or not with respect to property passing under this Wi11, other than with respect to any pensions, profit sharing or retirement plan, shall be paid out of the residuary estate passing under Paragraph FIFTH herein. Taxes on future interests shall be prepaid. Such pa}nnent shall be made as an expense of administration and without apportionment and reimbursement. THIRD: All my personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible personal property of every kind, I give, to my beloved sons, PAUL B. STIMELING, JR., of Elizabethtown, Pennsylvania, and 7EFFREY L. STIMELING, of Kissimmee, Florida if either survives me for a period of thirty days. h1 the event that either of my sons should predecease me leaving a child or children, then that son's share shall pass to said child or children, in equal shares, per stirpes. In the event that either of my sons should predecease me leaving no ~q ~ ~r or children, then I give said personal effects to the survivor of the two. r Cra There maybe found at the time of my death certain lists specifying items to go t~, n family members. If said lists are found the items contained therein shall be distributed as thougk~sa~ ~~~ lists are fully incorporated into this Will. FOURTH: I order and direct that my sons receive my real estate as follows: 1. I give, devise and bequeath my real estate located at 220 East North Street, ": 7.5. that the ~ a ~ car. n.~ ra r.s W ro w .~- ~.J c =~. _ coy r> ~n Carlisle, Cumberland County, Pennsylvania unto my son, PAUL B. STIMELING, JR. to be held in trust by JEFFREY L. STIMELING as Trustee, subject to the following provisions: I direct that the property be held in trust by my son, JEFFREY L. STIMELING, on behalf of my son, PAUL B. STIMELING, JR. I further direct that my son, PAUL B. STIMELING, JR., have the right reside at 220 East North Street, Carlisle, Pennsylvania during his life without bond and without liability for waste and without the payment ofrent; provided however, that he shall maintain adequate property insurance thereon and shall pay all insurance premiums; real estate taxes, assessments, mortgage interest and principal, and shall maintain and keep the premises in good repair. A Deed shall be prepared by the Estate conveying the property to the Trustee on behalf of my son, PAUL B. STTIvv1ELING, JR., containing a Life Estate for the benefit of, PAUL B. STIIv1ELING, JR. Should my son, PAUL B. STIIvIELING, JR., at some point decide not to reside there any longer, or if the property should remain vacant for a period of thirty (30) days or more, the real estate shall be sold by the Trustee and the proceeds from the sale of the real estate shall go into the Tnist designated in Paragraph 6 below. In the event that my son, PAUL B. STINIELING, JR., should become deceased leaving a child or children, then the real estate shall be sold and the proceeds from the sale of the real estate shall go into the Trust designated in Paragraph 6 below. 2. I give, devise and bequeath the real estate located at 218 East North Street, Carlisle, Cumberland County, Pennsylvania and 44 Cranfield Court, Elizabethtown, Lancaster County, Pennsylvania to my son, JEFFREY L. STIMELING. FIFTH: All the rest, residue and remainder of my estate of whatsoever kind and wheresoever the same may be situate at the time of my decease, I give, devise and bequeath as follows: 1. One-third to my son, JEFFREY L STIMELING, IN TRUST for my son, PAUL B. STIMELING, JR. 2. Two-thirds to my son, JEFFREY L. STIIv1ELING. Zn the event that either of my sons should predecease me leaving a child or children, then that son's share shall pass to said child or children, in equal shares, per stirpes. In the event that either of my sons should predecease me leaving no child or children, then I give said rest, remainder J.S. and reside to the survivor of the two SIXTH: I direct such my son's, PAUL B. STIMELING, JR.'s, share be payable to my son, JEFFREY L. STIMELING, Kissemmee, Florida, or in the event that he should predecease me or otherwise be unable to serve, then my son's share be payable to, PATRICIA MILLER, Elizabethtown, Pennsylvania, IN TRUST NEVERTHELESS, to invest and reinvest any money or other assets therein for the following uses and purposes and subject to the following limitations and conditions: (1) The Trustee herein shall be authorized to pay from income of the trust fund, for the use and benefit of my son, such sums as it, in its sole discretion, deems proper for their maintenance, support, and a monthly allowance, ifrequested, and for their college education, trade or vocational education, hospital and medical expenses, hospital and medical insurance premiums and the general necessities of life. (2) The said Trustee is also authorized to use so much of the principal of the tntst fund as it may deem necessary to pay any of the above referred to expenses in the event that the. income is not sufficient to pay said expenses. (3) Upon the death of my son, PAUL B. STIIv1ELING, JR., the Trustee shall pay over the remaining corpus of the trust, both principal and accumulated income in equal shares, per stirpes, to his child or children, and said trust shall terminate, free and clear of all trust provisions. In the event that my son, PAUL B. STIMELING, JR., leaves no child or children, then his share shall pass to my son, JEFFREY L. STIMELING, and said bust shall terminate, free and clear of all trust provisions. (4) The Trustee herein shall have the following powers in addition to those vested in it by law and by other provisions of my Will, applicable to ail property, whether principal or income, and effective until actual distribution of all property: (a) To retain any or all of the assets of my estate, real or personal without regard to any principle of diversification, risk or productivity. (b) To invest in all forms ofproperty, including stocks, common trust funds and mortgage investment funds, including any trust funds of any corporate fiduciary involved herein, without restriction to investments authorized for Pennsylvania fiduciaries, as it may deem proper, without regard to any principle of diversification, risk or productivity. (c) To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give options for sale, exchanges or leases, for such prices and upon such terms or conditions as it may deem proper. (d) To allocate receipts and expenses to principal or income or partly to each as my corporate trustee from time to time thinks proper. (5) My said Trustee shall have the authority and the right to administer any and all assets which may be turned over to it from any source whatsoever, including but not limited to, any life insurance proceeds from any source whatsoever. (6) To the extent that the same is pernzitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest whatsoever given to such beneficiaries, and all nuns payable to such beneficiaries hereunder shall be free and clear of 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, and, in the case of a married person, free from the control of his or her spouse. J.S. SEVENTH: I nominate, constitute and appoint JEFFREY L. STIMELING to act as Guardian of the estate of any minor beneficiaries under this my Last Will and Testament, and any other beneficiary physically or mentally unable to manage his or her affairs. Such Guardian shall have the power to use principal as well as income from time to time, for the minor's or physically or mentally disabled beneficiary's support, welfare and education, and shall have the authority to invest the principal and any accumulated income in income producing real estate and in any securities, stocks, common trust funds, whether of the corporate guardian or any other financial institution, money market funds and life insurance proceeds, or other personal property, which the Guardian may deem for the best interests f the minor or physically or mentally disabled beneficiary according to the standards of pntdent investments without being confined to so-called legal investments. EIGHTH: I authorize and empower my Executor hereinafter named to sell any real estate of which I may die possessed, if any, at either public or private sale at his discretion, and to give good and sufficient deed or deeds of conveyance to the purchaser or purchasers thereof. NINTH: I nominate, constihte and appoint my son, JEFFREY L. STIMELING to be the Executor of this my Last Will and Testament. Said Executor to serve in such capacity in any jurisdiction without the necessity of giving any Bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4`h day of January, Two Thousand Ten (?010). ' (SEAL) 7ANE STIMELING SIGNED, sealed, published and declared by the above-named Testatrix, JANE STIMELING, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto.:.- ~~ '~. -,. '~, residing at Elizabethtown, PA. 1 ~--,~~-..~_ ,rte, .:..~.~. residing at Columbia, PA. i I J.S. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF LANCASTER ) We, JANE STLMEING, the Testatrix, Denise M. Shank and Yvonne M. Yohe, witnesses, respectively, whose names are signed to the attached or 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 Testament and that she signed willingly, and that she 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 witness and that to the best of their knowledge, information and belief, the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. i ~ TESTATRIX -,,., 1 WITNESS ~i I ~. , .. .. _, , . = - - WTTNESS SUBSCRIBED, sworn to and acknowledged before me by JANE STIMELING, the Testatrix, and subscribed and sworn to before me by Denise M. Shank and Yvonne M. Yohe, witnesses, on January 4, 2010. r NOTARY PLti~LIC ~i c,un~ of Prr~NSVwaNw rawal se.l OeMae A. ZaiaC, Nofay PuWk EIIZaD~tlNOwn Bolo, LMiGaskr County 2013 .~ .. _. s