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HomeMy WebLinkAbout10-18-13 PETITION 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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: Joseph M.Metro File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: September 6,2013 Age at death: 87 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 2824 Columbia Avenue,Camp Hill,PA 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 503 North 21st Street.Camn Hill PA 17011 Camp Hill Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 90,000.00 If not domiciled in Pennsylvania. ....... .......... . ..... Personal property in Pennsylvania $ If not domiciled in Pe nnsy lvania. ....................... Personal property in County $ Value of real estate in Pennsylvania...... ............ ............... ........ . ............ ... $ TOTAL ESTIMATED VALUE. ... $ 90.000A0 Real estate in Pennsylvania situated at: None (daach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated January 31,2001 and Codicil(s) thereto dated None State relevant circumstances(e.g.renunciation,death ofexecator,ere) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,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. §3323(g),and did not have a child born or adopted;and Decedent was neither the victim of killing nor ever adjudicated an incapacitated person. O NO EXCEPTIONS Q EXCEPTIONS ® B. Petition for Grant of Letters of Administration (ifapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente tire,durance absentia,durante minoritate If Administration,c.t.a, or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS ©EXCEPTIONS Petitioncr(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(i£any)and heirs(attach additional sheets,tfnecessary): Name Relationship Address •r- -•� C7 e T Form Rw-02 rev.101u1:Oli Pagel of 2 i i Oath of Personal Representative Official Use only COMMONWEALTH OF PENNSYLVANIA } RCCC9`(fiE'� O:`Y;CE OF I ss: ?RECiST"( COUNTY OF CUMBERLAND } Q� •tf?�-S �'C T 1 Petitioner(s)Printed Name Petitioneds)Printed Address ' Rosalyn M.Metro 2824 Columbia Avenue,Camp Hill PA 17011 "1 t, CL'N:_ The Petitianer(s)above-named swear(s)or affirms)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law, Sworn to ffi rot ed d sub Bribed before Date me±h' day of _ Date By: ' Date ✓ For the Register �1 Date BOND Required: Q YES Q NO To the Register of Wits: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . S .•���) �._ Attorn y Signatur . _ ( 5)Short Certificate(s) ( )Renunciaoiation(s).. . . . . .. . ( )Codicil(s). .. . .... . ... . ( )Affidavit(s)... .. .. .. . . . Bond.. ... ..... .... . .. .... ... Printed Name: Vicky Ann Trimmer Commission. Supreme Court Other .. ... . .. ID Number; 49679 P, P�E- 15 Firm Name: Persun&Heim,P.C. .,. . . . . Address: PO Box 659 . . . . . . . . 1700 Rent!reek Blvd Suite 160 Mechanicsbur PA 17055-0659 . . . . . . Phone: 717-620-2440 Automation Fee. . . . . . . . . . . . . . . . Fax: 717-620-2442 JCS Fee. Q-•1" q Email: vatrimmerftersi nheim rnm TOTAL. . .. . . . . .. . . .. . . . . . . . l �,rJU&8H- DECREE OF THE REGISTER Estate of Joseph M.Metro File No: e� 0�p afkia: AND NOW, OC X(')b-q,r ff '��> in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to U In (h . 'M f t(o in th6 above estate and(if applicable)that the instrument(s)dated Ianuary 31 2001 1 ' _ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. t8ii`+r✓ICacxsi t�. 1 Register of Wills - yAv, Form RW-02 rev. 10/77/1011 - �'�1 `Page 2 Of 2 Last Will and Testament OF JOSEPH M. METRO I, JOSEPH M. METRO, of Borough of Camp Hill, Cumberland County",' Pennsylvania, do make, publish and declare this to be my Last Will and Testament-; hereby revoking all Wills and Codicils by me at any time made. : rr, ITEM I: I direct that all inheritance and estate r rn r taxes becoming due by reason of my death, whether payable by my estate,or by any. recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall a have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: If I die before my wife, ROSALYN M. METRO, I give to her all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or per onal use or adornment and all policies of insurance thereon. If I do not die b( per wife, I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in iAy safe deposit box or elsewhere and properly identified by the Page 1 Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered list shall be ignored. I give to my children living at the time of my death any tangible personal property not set forth in a written list, to be divided among them as they shall agree. If my children are unable to agree, the Executor shall divide this property among my children in as nearly equal portions as the Executor, in the sole discretion of the Executor, deems practical, having due regard to the personal preferences of my children. ITEM IV: I give the residue of my estate, not disposed of in the preceding portions of this Will, as follows: (a) To my wife and children, ROSALYN M. METRO, JOHN DAVID METRO, LISA ANN GUEVARA, JOSEPH WILLIAM METRO, as Trustee, IN TRUST, to be administered and distributed as provided in ITEM V, a fraction of my residuary estate. The numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax under my Will by reason of the applicable credit amount and the state death tax credit (provided that the use of this credit does not require an increase in state death taxes) allowable to my estate but no other credit and after taking account of dispositions under other items of this.Will and property passing outside of this Will which do not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions in computing my Federal estate tax. The denominator shall be the value of my residuary estate. For purposes of establishing this fraction, the values finally fixed in the Federal estate tax proceeding relating to my estate shall be used. I recognize that the numerator of such fraction may be zero (0), in which Page 2 case no property shall pass to this Trust. I also recognize that the numerator may be affected by the action of the Executor in exercising certain tax elections. (b) The balance of my residuary estate shall be paid to my wife, ROSALYN M. METRO, if she survives me. If she does riot survive me, this portion of my estate shall be added to the Trust funded pursuant to subsection (a) and shall be administered and distributed as provided in ITEM V. ITEM V: The following provisions shall apply to the Trust established by ITEM IV (a): (a) This Trust shall be known as The Metro Family Credit Trust. (b) The Trustee shall pay to or for the benefit of my wife, ROSALYN M. METRO, all of the net income of this Trust in convenient installments, but not less frequently than annually. (c) The Trustee shall also pay to my wife so much of the principal of this Trust as may be necessary in the discretion of the Trustee for the proper support, maintenance and medical care of my wife. (d) Upon the death of my wife, the Trustee shall pay over all of the remaining assets, to one or all, or less than all of my issue, in the amounts, and in the estates, in trust or otherwise, as my wife may Page 3 direct, making specific reference to this Power of Appointment, either by written instrument filed with the Trustee during her lifetime or by her Will. In no event may this Power of Appointment be exercised in favor of my wife, her estate or creditors of either. (e) If this Power of Appointment is not exercised by my wife, in whole or in part during her lifetime, or in her Will, then upon the death of my wife, the Trustee shall divide the unappointed principal into as many equal parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall distribute one share to each living child, and shall hold one share as a separate Trust for the benefit of the issue of each deceased child, per stirpes. (f) The Trustee shall further divide any share set apart for issue of a deceased child of mine into as many per stirpital shares as there are then living issue of my deceased child. In each Trust thus established for issue of a deceased child of mine (the 'Beneficiary"), the Trustee shall quarterly pay to or for the benefit of the Beneficiary all of the income and so much of the principal of the Trust as, in the discretion of the Trustee, may be necessary to maintain the Beneficiary in the proper station in life, including proper support, maintenance, medical care and college or higher education. Page 4 Upon the Beneficiary's attaining the age of twenty-five (25) years, the Trust shall terminate, and the Trustee shall pay to the Beneficiary the balance of the principal. Should the Beneficiary die before final distribution of the assets of his or her Trust, but be survived by then living issue, the Trustee shall quarterly pay the net income from the Trust to or for the benefit of that issue, per stirpes, living at each time of quarterly distribution. As soon as any one of the Beneficiary's issue attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of Beneficiary, the Trustee shall pay over all of the then assets in the Trust to the then living issue of the Beneficiary, per stirpes. Should the Beneficiary die before final distribution and not be survived by then living issue, the provisions of subparagraph (f) herein shall obtain. (g) If, before final distribution of the assets of any Trust established for my children or issue of a deceased child, there is no living beneficiary of that Trust, it shall terminate. The principal of the Trust shall be added to the other Trusts created under this Will for the benefit of my children or their issue, in the same proportions in which the Trusts were originally funded pursuant to the provisions of subsection (e). If any Trust created for my children or issue of deceased children had previously been terminated, the beneficiaries who received the principal of that Trust shall collectively be considered a "Trust" for the purpose of this paragraph, and one share shall be paid directly to each beneficiary in the same proportion by which each received the principal Page 5 1920 of the Trust. If any beneficiary is deceased, the share of the deceased beneficiary shall be paid to his or her then living issue, per stirpes. (h) In the event I am not survived by my wife, ROSALYN M. METRO, or any issue, or in the event there are no issue of mine surviving upon the termination of any Trust, the principal shall be divided into two (2) equal parts. One part shall be paid to my then living brothers and sisters, in equal shares. One part shall be paid to the Camp Hill United Methodist Church. ITEM VI: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment,.seizure or other process against the beneficiary. ITEM VII: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. Page 6 JPW (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments"; and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make,join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. Page 7 (f) To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will.. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. If any death taxes are payable with respect to my estate, these taxes shall be paid from the Metro Family Credit Trust. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by Page 8 intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. Page 9 ITEM VIII: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; (b) To the legal guardian or conservator of such beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit of the beneficiary. This power shall not apply to any distribution to my spouse from any trust which has qualified for the marital deduction in my estate. ITEM IX: Should my wife, ROSALYN M. METRO, by Will or Agreement of Trust, establish Trusts similar to the Trusts I have established for the benefit of my issue, the Trustee of each Trust created in this Will shall have the right to merge it with the similar Trust created by my wife for the Page 10 same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust. ITEM X: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM XI: I appoint my wife, ROSALYN M. METRO, to be the Executrix, referred to in this Will as "Executor". In the event of her death, inability or refusal to serve, I appoint my children, JOHN DAVID METRO, LISA ANN GUEVARA, JOSEPH WILLIAM METRO to be the Executor, Trustee, or both. The Executor and Trustee are specifically relieved from the obligation of filing bond or entering security. Page 11 IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eleven (11) pages, at the end of each page of which I have also set my initials for greater security and better identification this 31 day of6 , 2001. (SEAL) JO M. METRO We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament,.in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year.: first above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. (SEAL) Residing at 11-3 /�'�t`�h ffriG.1'6�/!�� mil. /7 UT✓' (SEAL) Residing at (SEAL) Residing at I . 30 S t Page 12 _�G� ACKNOWLEDGMENT COMMONWEALTH OF PEN SYLVANIA ) SS: COUNTY OF ) I, JOSEPH M. METRO, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. (SEAL) JOS WMETRO Sworn to and ubscribed before met 's �/sday of , 2001. Not ry Public My Commission Expires: Notarial Seal . Margaret L. Boyd, Notary public i Susquehanna Twp., Dauphin County (SEAL) My Commission Expires June 27, 2004 Member.Pennsylvania Assoclatlon OtNOtaries AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ga"ll"" ) We, 1/� '4��%r* �-+u. \/J�i/i /Y , (��iO/�it �J and • _ /' the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, JOSEPH M. METRO, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act 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. Witness v Witness Witness Sworn to and subscribed before me this �Scay of 2001. No ary Public My Commission Expires: (SEAL) Notaral Se * §Memr. L, Bo a Twpd'paon Expires 2004 Sylvania gssocyaryon of Note vies 243528 -'I�