HomeMy WebLinkAbout09-25-12PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the
following and respectfully requests the grant of Letters in the appropriate form:
Sandra F. Camburn and John J. FI nn
Decedent's Information
Name: Nevada H. Flynn
a/k/a: (Assigned by Register)
a/k/a:
Date of Death: 09/20/2012 Social Seeuriry No:
Age at Death: gy
Decedent was domiciled at death in Cumberl~n~_ County,
principal residence at 100 Mt. Allen Drive, Mechanicsburg 17055 PA '------ /State) with his/her last
street address,POStorrcaandzipcoea Upper Allen Cumberland
Decedent died at 100 Mt. Allen Drive, Mechanicsbur 17055 Cary. Township or 8arough county
Street address, Post (xfce end Zip Cotle U per Allen Cumberland PA
City, Township or Boroughs County State
Estimate of value of decedent's property at death:
/ldomlc/led /n Pennsylvania ...................... All personal property
/loot domiciled in Pennsylvania ................ Personal property in Pennsylvania $ 2 031 000.00
/foot domlc/led in Pennsy/vania ................ Personal property in County $
Value ofrea/ estate In Pennsy/vania ................................................................... $
TOTAL ESTIMATED VALUE $ 0.00
Rees estate in Pennaylvanie situated et 2,031,000.00
(Attach edtldione/ sheets, ilneressary) ~~
SVeel address, poet ice end Zip Code
City, Township or Borough County
® A• Petition for Probate and Grent of eft rs 7e
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, d2ited 10/25/1999
thereto dated ~_ and Codicil(s)
~o~ r ~~v ~..~ r ~~ a~ v ~
State relevam rArametencea (e g, renunaatian, de97h orexecutw, ekJ
Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not mar was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. yry3323 b
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. (g)' and did not have a child orn or
® NO EXCEPTIONS ^ EXCEPTIONS
^ E!. Petition for Grant of Le,tie.. of Admini t r I
(If applicable)
If Administration, c.ta or d.b.n.c.t.a., enter date of Will in certlon A above nd a., d.b. 'dente life, durante afuentta. tlurante minoritate
Except as follows: Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had bean established as defined
in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adjudicated an incapacitated per:;on.
NO EXCEPTIONS ^ EXCEPTIONS
Form RW-02 rev tat t-sin t
Copyright (c) 20H town somvere only The Lackner Group, Inc.
Page 1 of 2
Petitioner(s), after a proper search has/have ascertained that Derpdant iAa .,., um. __....__ _..
Addd%nnal cAevL.:f.. _ . ..
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } SS:
}
retitioner(s) Printed Name
Sandra F. Camburn
John J. Flynn
tetitioner(s) Printed Address
88 Vago Road
Tunkhannock, PA 18657
74 Salt Road
Constantia, NY 73044
GU9U~=L' i iFFICE ~aeDn~Y
~Ea:ah f c! L , ';",III i e
~~
L1C~DUnnt~C ,"•~~~~, ~ ,T 570-836529!1
UMf3ERLAND CU.. PA
375.116-7722
The Petitioner(s) above-named Swear(s) or affirm(s) 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, Pettioner(s) will well and I:ruly administer the estate according to law.
Swore to or affirmed a subs rtbed before
i a f
~~~ Date 4 - A=,~
y n
Fwm fw ~~ Date
----~~ Date
~~
~_ Data
B~ON~f ,R~equired7 ^ YES ^X NO
FEES: _
Letters .......................................... $ gIU
( 10 )Short Certificate(s)......._ -~0
( )Renunciation(s) ..............
( )Codicil(s) ........................ ~-
( )Affidavit(s) ...................... ~~
Bond ............................................. '-~~
Commission .................................. ~---
Other Will ~----
S.OU
To the Register of lMlls:
Attorney Signature:
Printed Name: Wm. D. Schreck III Esq.
-~~
Supreme Court
ID Number: 15693
~_
Firm Name:
Address: 124 urg Street
Dills 17019-1268
Automation Fee ............................ ~- Phone: 777.432-9733
~~ 500 ,~_
JCS Fee ....................................... Fax:
~~
TOTAL ......................................... $
-fie ea E-mail: sehraeklaw~eomeast.net
DECREE OF THE REGISTER
Estate of
a/k/a:
AND NOW,
satisfactory proof hav
are hereby granted to
in the above estate and (if applicable) that the instrument(s) dated
described in the Petition be admitted to probate and filed of record
of
Date of Death: 09/20/2012
Nevada H. FI nn Social Security No: 085-14.3143
Flle No: 21 Qc..( ~!
preserved before me, IT IS DECREED that Letters ~ ~ r'r°~- ' °1 consideration of the foregoing Petition,
a F. Camburn and John J. Flynn Testamenfarv
1 roan software or Lackner Group,
nloo bU5 NEV 19IIIl
LOCAL REGISnnnnnnTCC[CC[RAR'S CERTIFICATIOM OF DEATH
f~J Mt~~~ to duplicate this copy by photostat or photograph.
REGI;;~tR Jr ;^~!Ll.,
Fee for this certificate, $6.00
~~12 SEP 25 AM 9~ 45
__ ~~ Vim,:' 1~
P 187544d~r~e ~o
Certification Number
This. is to certify that die information here given
corrv~ctly copied from an original Certificate of Deat
duly Ciled with me as Local Registrar. The orij,.i certificate will he forwarded to the State ViC
Records Office tix permanent filing.
~~ SEP 2 1 101
Local Re ~ Date Issued
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~r~i~~ ~~~ ~~ ~~~~~~~~~
OF
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0
NEVADA H. FLYNN ~~c~, ro
~~i:, N
U "= C.77
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O ~~-- ~ s
BE IT REMEMBERED, that I, NEVADA H. FLYNN, of 30 East Mouri~nly Roa~
i~illsburg, York County, Pennsylvania, being of sound mind, memory and understanding, do make
publish and declare this as and for my Last Will and Testament, hereby revoking and making null and
void any and all Wills and Testaments and writings in the nature thereofby me at any time heretofore
made.
ITEM 1: DEBTS. I direct that my hereinafter named Executor pay all my just debts,
my funeral expenses, and the expenses of the administration of my estate. With this direction, I
authorize and empower my Executor to expend for my funeral expenses and interment such amounts
as he may consider necessary and proper, without regard to any limit th:tt may be prescribed by a
court of law.
ITEM 2: TAXES. I direct my Executor to pay all inheritance, estate, succession, and
legacy taxes of whatsoever nature and kind, to which my estate, or the transfer of any property
passing hereunder or otherwise passing by reason ofmy demise, maybe subject, and to charge such
taxes against my residuary estate. It is my intention that none of the aforesaid taxes, either federal
or state, on any property required to be included in my gross estate, under the provisions of any state
or federal law now in force or hereafter enacted, shall be prorated among the persons interested in
my estate to whom such property is or may be transferred or to whom any benefit accrues.
ITEM 3: SPECIFIC BEQUEST.
A. I give and bequeath the sum of Five Thousand Dollars ($5,000.00) to the ST.
ELIZABETH ANN SETON ROMAN CATHOLIC CHURCH, Mechanicsburg,
Pennsylvania, to be utilized without limitation. In the event my spouses predeceases
me and a bequest for Five Thousand Dollars ($5,000.00) was made to St. Elizabeth
Ann Seton Roman Catholic Church, the foregoing bequest shall lapse.
B. I give and bequeath the sum ofThree Thousand Dollars ($3,000.00) to the Dillsburg
Public Library of Dillsburg, Pennsylvania, to utilize without limitation.
C. I give and bequeath the sum of Two Thousand Dollars ($2,000.00) to Messiah
Village of Mechanicsburg, Pennsylvania, directing that the sum become part of the
endowment fund of Messiah Village.
ITEM 4: ARTICLES. I give and bequeath unto my spouse, JOSEPH I. FLYNN, if
he survives me, and if he shall not survive me, to my children who survive me, any and all furniture
and furnishings, household goods and supplies, jewelry, and all other articles ofpersonal or household
use and adornment to me belonging at the time of my death, together with any automobiles which I
then own and together also with all policies of insurance on any of the foregoing articles ofpersonal
property.
ITEM 5: EXEMPTION EQUIVALENT TRUST If my spouse, Joseph I. Flynn,
survives me (I direct that for the purpose of this paragraph of my Will, he shall be deemed to have
survived me unless it appears unmistakably that he predeceased me), I devise and bequeath unto my
Trustees, JOHN J. FLYNN and SANDRA F. CAMBURN, property v~ith the value equal to the
exemption equivalent permitted my estate under the federal estate tax provisions of the Internal
Revenue Code of 1954, as amended, and enforced at the time of my demise, which property maybe
transferred free of tax using the estate tax credit as provided for in IRC §2010 or other pertinent
sections. It is my intention to fund this Trust with the largest amount of property which could pass
from my estate to this Trust free of federal estate tax by utilizing the unified credit exemption
equivalent. The Trust hereby created shall be known as the NEVADA H. FLYNN TRUST.
My Trustees shall keep the corpus of the Trust invested and shall distribute the income and
principal of the Trust as follows:
A. During my spouse's lifetime the entire net income shall be paid to my spouse in at least
quarter annual payments.
B. In addition to the income, my spouse shall have the power co direct the Trustees to
pay to him or apply for his use the principal of the Trust in each calendar year
including the year in which my death occurs, in an amount noit in excess ofthe greater
of Five Thousand Dollazs ($5,000.00) or five percent (5%) ofthe aggregate value of
C.
D
E.
the principal of the Trust on the last day ofthe calendar year for which payment may
be directed. Such power shall not be cumulative, but shall expire on the last day of
each calendar year. This shall be exercised by an instnimc;nt in writing, subscribed by
my spouse, or his duly authorized agent, and delivered to the Trustees.
I authorize my Trustees, acting solely and without consuh:ation with my spouse, who
is also a Co-Trustee, in my Trustees' sole discretion, at any time, and from time to
time, to pay or apply to or for the use of my spouse such portion of the principal of
this Trust, even to the point of completely exhausting the same, as they may deem
advisable to provide for the proper health, maintenance ~u~d support of my spouse.
In determining the amount ofprincipal to be so disbursed, my Trustees shall take into
consideration any income which my spouse may have from. any other source, and the
Trustees' discretion shall be conclusive as to the advisability of any such disbursement
and the same shall not be subject to judicial review.
In regard to the administration of this Trust,
duties or powers concern the administration, investment,
I direct that my Trustees shall have no
filing of tax returns or any
other power involved in the administration of this Tru;ot, except as specifically
outlined above, while my spouse is living; however, upon my spouse's death, I then
direct my Trustees to assume full powers and duties as Trustees of this Trust.
Upon my spouse's death, all principal and the net income, together will all accrued and
accumulated but undisbursed income, shall be disbursed as hereinafter directed, in the
same manner as the ultimate disposition ofthe residuary estate, in an attempt to divide
the estate into as nearly equal shares as practicable.
ITEM 6: POWERS.
A. No Trustee or Executor who is beneficiary hereunder shall t;ver participate in:
1) The exercise of, or decision not to exercise, any discretionary power to pay
income or principal to, or to apply income or principal for the benefit of any
beneficiary [including discretion to allocate funds among a group of
beneficiaries and discretion to accumulate income];
z) The determination of whether any beneficiary is disabled;
3) The decision of when to pay death taxes on any 15~ture interest;
4) The decision to terminate any Trust hereunder;
5) The exercise of discretion to allocate receipts or expenses between principal
and income;
6) The decision of whether to use expenses as income or estate tax deductions;
7) The decision to make payment to aid in the settlement of my estate; or
8) The selection of the property to be allocated to the marital deduction Trust.
B. Except as just stated, the words "My Trustees" shall ra;fer to all those acting as
Trustees;
C. "My Executors" shall refer to all those acting as Executors; and
D. Any Trustee or Executor may resign at any time without court approval.
ITEM 7: RESIDUARY GIFT. I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal or mixed, of whatsoever nature and wheresoever situate, to
which I may be legally or equitably entitled at my decease, to my spouse who survives me, and if
my spouse should fail to survive me, I then give, devise and bequeath all o1'my estate unto my issue,
namely, WINTERED AGNUS FLYNN, GLENN JAY FLYNN, SANDRA FLYNN CAMBURN,
JOANNE FLYNN NE WLIN, VALERIE FLYNN WEBER, JOHN JOSEPH FLYNN, DANIEL
ROBERT FLYNN, CHRISTINE FLYNN MONROY, in equal shares, per stirpes.
ITEM 8: ULTIMATE DISTRIBUTION. In the event that any of the beneficiaries
designated in Item 6 hereof should predecease me without leaving issue surviving, I direct that the
shaze of such beneficiar} lapse, and that the balance be divided among the remaining children named
in Item 6 in appropriate shares. In the event that any of the beneficiaries should die leaving issue
surviving, I direct that the shaze of such deceased beneficiary be distributed to his issue, in equal
shares.
ITEM 9: BENEFICIARYLESSTHRN THIRTY YEARS. In ithe event any beneficiary
should be less than thirty (30) years of age at the time of my death, I live the share of such
beneficiary unto my Trustee hereinafter named, IN TRUST, NEVERTHELESS, for the following
uses and purposes:
A My Trustee shall hold and administer said Trust property, collect the income
therefrom, and expend or apply the net income as hereinafter directed. During the
administration ofmy estate, the income earned by the property included in this trust
shall be considered income of this Trust and subject to distribution as hereinafter
provided for other income of this Trust.
B. My Trustee shall pay and/or use for the benefit of said beneficiary or their lineal
descendants so much of the net income as deemed necessazy for their support,
maintenance, and education, and any income not so used shall be accumulated and
added to the corpus of this Trust.
C. My Trustee shall have the power in his discretion to encroach upon the corpus of the
Trust estate in such amounts and at such times as he may deem necessary in order to
provide for the support, maintenance, Gaze, and education of said beneficiary.
D. All ofthe net income may be paid to or for the benefit ofthe: beneficiary at ]east semi-
annually.
E. When the oldest child attains the age of twenty-two (22) years, the principal of the
Trust shall be divided into as many shares as aze hereinbefore mentioned living
children. Upon attaining that age, that child shall have the right to withdraw principal
from this Trust in the following manner:
(I) Twenty-Five Per Cent (25%) of the then value of the principal upon the age
of twenty-two (22) years, at his or her request;
(2) Fifty Per Cent (50%) of the balance of the remaining principal upon attaining
the age of twenty-five (25) years; and
(3) The entire balance of his or her shaze upon attaining; the age of thirty (30)
yeazs.
Such rights ofwithdrawal shall be cumulative, and may be exercised in whole or in part, from
time to time, after that right accrues.
ITEM 10: TRUSTEE OF ASSETS. I appoint the surviving spouse ofany ofmy children
who predecease me as Trustee of assets left to the issue ofmy deceased child, empowering that
spouse to implement the preservation and distribution set forth in Item 8 hereof. In the event that no
5
spouse survives my deceased son or daughter, I appoint my Executors/?"rustees hereafter named as
Trustee of the funds set aside for grandchild.
TTEM 11: ORDER OF SURVIVORSHIP. If my spouse, Joseph I. Flynn, and I shall
die under circumstances which may render the order of our deaths uncertain, it shall be conclusively
presumed that my spouse predeceased my me.
ITEM 12: CAPTIONS. Paragraph and subparagraph captions contained in this Will shall
not be construed as part thereof, but are used merely for ready reference purposes.
ITEM 13: PROTECTIVE CLAUSE. No gifts hereunder shall) be subject to anticipation,
assignment, pledge, obligation or beneficiaries, execution or attachment.
TTEM 14: POWERS. I authorize my Executor and Trustees as follows:
A. To retain and invest in all forms of real and personal property, including stocks or
other securities of the corporate fiduciary or the holding company controlling the
corporate fiduciary, regardless of any limitations imposed by law on investments by
fiduciaries;
B. To compromise claims;
C. To join in any merger, reorganization, voting trust plan or other concerted action of
securities holders, and to delegate discretionary duties with respect thereto;
D. 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 sales or leases;
E. To borrow and to pledge property as security for any funds borrowed;
F. To allocate any property received or charge incurred to income or principal or partly
to each, without regard for any law defining principal and income, provided that all
decisions under this paragraph shall be made by my Executor or my Trustees alone;
G. To exercise any law given option to treat administrative or other expenses of my
estate as income tax deductions, even if they were paid from principal, and to value
my estate for tax purposes by an optional method permitted by the law enforced when
I die, without requiring adjustments between income and principal for any resulting
effect on income or estate taxes; and
H. To distribute in cash or in kind.
These authorities shall extend to all real and personal property at any time held by my
Executor or my Trustees, and shall continue in full force until the actual distribution of such property
is accomplished. All powers, authorities and discretions granted by this Will shall be in addition to
those granted bylaw and shall be exercisable without leave of court.
ITEM 15: WII,I, CONTEST I direct that any beneficiar}, of this my Last Will and
Testament who asserts a contest ofthat Will shall be deemed to have immediately forfeited his or her
share of my estate, and direct the Executors hereafter named to distribute the residue of the estate
in equal shares among those of my children enumerated who survive me, and who are not involved
in the challenge.
ITEM 16: EXECUTORS. Lastly, I nominate, constitute and appoint my spouse,
JOSEPH I. FLYNN to serve as Executor of this my Last Will and Testan~ent. If my spouse should
fail to survive me, or be unable to qualify, or cease to act, or renounce probate, I then appoint my
son, JOHN J. FLYNN, and my daughter, SANDRA F. CAMBURN, to serve as alternate
Executors of this my Last Will and Testament.
ITEM 17: SURETY. I direct that my hereinbefore named Executor shall not be required
to give bond for the faithful performance of his duties in this or any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament, this day of-~~-7
y 1999.
J~ .
NEVADA H. FLYNN
The preceding instrument, consisting of this and six (6) other typewiritten pages, was on the
day and date thereof signed, sealed, published, and declared by the Testatrix herein named, as and for
her Last Will and Testament, in the presence of us, who, at her request, in iher presence and in the
presence of each other, have subscribed our names as witnesses hereto.
r
OF f ~~
~_
~"` OF ,Ck .,LG1.~-.-,~ ~g
COMMONWEALTH~iOF PENNSYLVANIA
COUNTY OF v/
~, ,
Wee~NEVADA /H~/. FLYN~'
and /.~ a>,xo / ~ % ~~ :~
/,_'/
the Testatrix and the
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
instr,~ment 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 witnesses, and that to the best of their
knowledge, the Testatrix was at the time eighteen (18) years of age or older, of sound mind, and
under no constraint or undue influence.
/~.
NEVADA H.FLYNN
SWORN TO AND SUBSCRIBED
BEFORE ME THIS~~`~.GDAy