HomeMy WebLinkAbout08-06-14 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:
Jessica Flinn
Decedent's Information �(
Name: Miriam A.Steinmetz File No: 21 r�T' ���
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 08/03I2014 Age at Death: 94
Decedent was domiciled at death in Cumberland County, pA (State)with his/her last
principal residence at 442 Walnut Bottom Road,Carlisle 17013 Carlisle Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 442 Walnut Bottom Road,Carlisle 17013 Carlisie Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedenYs property at death: n� v Q 0
If domiciled in Pennsylvania...................... All personal property $ d` �
Ifnot domiciled in Pennsylvania................ Personal property in Pennsylvania $
Ifnot domiciled in Pennsylvania................ Personal property in County $
Value of rea/estate in Pennsylvania................................................................... $
TOTAL ESTIMATED VALUE $ oZOO DB 0
Real estate in Pennsylvania siluated at
(Attach additional sheets,ifnecessary.)
Street address,Post Office and Zip Code City,Township or Borough County
�A. pPtition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 01/31/2006 and Codicil(s)
thereto dated
State relevant circumstances(e.g.,renunciation,death of execufor,etc.)
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.�3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS � EXCEPTIONS
❑ B. pP±ition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritafe
If Administration,c.ta or d.b.n.c.t.a.,Pnter date of Will in Section A above and comnlete list of heirs. C�3 _._ �-,
Except as follows:Decedent was not a party to.pending divorce proceeding wherein the grounds for divorce had bee��blished a�define�=!�
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ��, t..� �`7
�NO EXCEPTIONS ❑ EXCEPTIONS ��=- � ~ '�
c. ,
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following e�if any)�Rd heirs•(atlaCh
additiona/sheets,if necessary): ��-. ;-'
C7 C;' � i-i
C_ —
Name Relationship Address --+ � �-" �n
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Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Jessica Flinn #6 Moonpenny Drive
Boxford,MA 01921
The Petitioner(s)above-named swear(s)or a�rm(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,Pe'i er(s)will well and truly administer the estate according to law
Sworn to or a�rmed and subscribed before � Date —
me i �d of I Date
By, oate
For the Regisler Date
BOND Required? � YES �NO To the RegisterofWills:
FEES: Piease enter my appearance by my signature below:
!'I1 �b� C7 =�'
Letters.......................................... $ �t�v�vV Attorn y Si nature: , C�-., ._H _,_,;-r,
' J` ,.-:
( �O )Short Certificate(s)......... r'J�. � �-�; � ,�� T
( )Renunciation(s).............. ��� � `
( )Codicil(s)........................ `>' � _ i
( )Affidavit(s)...................... Printed Name: Ivo V.Otto III ��`' . :
Bond............................................. ��.✓c �• ', , :,�
SupremeCourt 2��63 Q��� --� �,s --
--= �
Commission.................................. ID Number: • T "— �-- i
Othef � �i � �
.y� � 4 7
Y] ' Firm Name: Martson Law Offices Y �-'
� Address: 10 East High Street
Carlisle,PA 17013
Phone: 717-243-3341
Automation Fee............................ �• �
Fax: 717-243-1850
JCSFee....................................... .�
TOTAL......................................... $ E-mail: iotto@martsonlaw.com
DECREE OF THE REGISTER
Date of Death: 08/03/2014
Social Security No:
Estate of Miriam A.Steinmetz File No: 21 "�4—���J�
a/k/a:
AND NOW, � 8 , �� ,in consideration of the foregoing Petition,
satisfactory proof having been presente fore me, IT IS DECREED that Letters Testamentary
are hereby granted to Jessica Flinn
in the above estate and(if applicable)that the instrument(s)dated 01/31/2006
described in the Petition be admitted to probate and filed of record as th last Will(and Codici )of Decedent.
gister of Wills
Copyright(c)2011 form software onl The La e up,Inc. Page 2 of 2
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LAST WILL AND TESTAMENT `�r:� .~� '.'���=';
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I, MIRIAM A. STEINMETZ, of the Borough of Carlisle, Cumberland Co�i'ity,
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and
declare this to be my Last Will and Testament, hereby revoking any and all former Wills or
Codicils by me made.
ITEM ONE
I direct that all my legally er�forceable debts,funeral expenses,testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the assets held or passing under
ITEM FIVE hereof as soon as practicable after my decease and as part of the administration of
my estate.
ITEM TWO
In the event my spouse shall predecease or fail to survive me by thirty (30) days, then I
give such items of personalty as are itemized in a certain list attached hereto to the persons
named thereon, which list is signed and dated by me at the end thereof.
ITEM THREE
If my spouse, JAMES F. STEINMETZ, is living thirty (30) days after my death, then I
give,devise and bequeath all of my estate,both real and personal property, unto my said spouse,
absolutely. If my said spouse does not so survive me, then I give, devise and bequeath all the
rest,residue and remainder of my estate,both real and personal property, unto my Trustee to be
held or distributed by such Trustee under ITEM FIVE hereof.
ITEM FOUR
In the event my said spouse shall disclaim all or any portion of any devise or bequest
made to my spouse under the foregoing ITEM THREE,then the amount otherwise payable shall
be held by my Trustee under ITEM FIVE hereof. For purposes of the Trust established under
ITEM FIVE hereof,my said spouse shall not be deemed to have predeceased me by virtue of my
said spouse's exercise of the right to disclaim set forth herein.
�� � �'
M.A.S.
Page 1 of 7 Pages
ITEM FIVE
RESIDUARY AND DISCLAIMER TRUST
My Trustee shall hold the assets received under ITEMS THREE and FOUR hereof,if any,
for the following purposes:
A. My Trustee shall pay the net income, at least quarter-annually, to my spouse,
JAMES F. STEINMETZ, for life. In addition, my Trustee in my Trustee's sole discretion, may
invade the principal of the Trust for the proper and adequate support of my said spouse.
B. My Trustee shall further pay to my said spouse, annually, such sum from the
principal of the Trust as my said spouse may request in writing,provided,however,that said sum
may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the
aggregate value, at the time of said request, of the principal of the Trust hereunder. This power
shall be noncumulative and may be exercised only by an instrument in writing signed by him and
delivered to my Trustee within the first thirty (30) days of fiscal year of this Trust.
C. Upon the death of my said spouse my Trustee shall distribute the principal in the
following manner:
1. I give the sum of Ten Thousand Dollars ($10,000) unto each of my
grandchildren, RICHARD L. ALEXANDER, CYNTHIA A. SHARP,JESSICA FLINN
and JENNIFER JOSEPH.
2. All the rest, reside and remainder of my estate I give as follows:
a. Fifty percent(50%) thereof unto my daughter, ANNE LUCINDA
WESTIN:
b. Twenty-five (25%) thereof unto my granddaughter, JESSICA
FLINN; and
c. Twenty-five (25%) thereof unto my granddaughter, JENNIFER
JOSEPH.
��
Page 2 of 7 Pages
3. In the event my daughter, ANNE LUCINDA WESTIN, shall predecease
or fail to survive me,I direct that her share shall be divided equally between her children,
RICHARD L. ALEXANDER and CYNTHIA A. SHARP.
ITEM SIX
POWERS OF EXECUTOR AND TRUSTEE
In addition to the powers conferred by case law, by statute, and by other provisions
hereof, my Executor and Trustee and their successors, shall have the following discretionary
powers applicable to all property held by them which powers shall be effective without order of
any court and shall exist until final distribution.
A. To retain any property of any nature received by them for whatever period they
shall deem advisable;
B. To invest and reinvest all or any part of said property in such stocks, bonds,
common trust funds, securities, accounts, certificates of deposit (including, but not limited to,
stocks,bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee)
or other property,real or personal, as in their discretion they shall deem proper, without regard
to statutes limiting the property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for
cash or on terms,publicly or privately,or to lease,even for a term exceeding five(5)years or the
duration of any trust herein,without liability on the purchasers or lessees to see to the application
of the proceeds,and to give options for these purchases without the obligation to repudiate them
in favor of a higher offer;
D. To execute and deliver any deeds,leases,assignments or�ther instrumPnts as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status of any beneficiary with regard to death,
marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable
without liability for disbursements made on such assumption;
!� '
.A.S.
Page 3 of 7 Pages
G. To pay from the trust, or the income therefrom, all debts or claims against my
estate, or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money,or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed,and my Trustee,in my Trustee's absolute discretion,may cause the share distributed
to any distributee to be composed of property similar to or different from that distributed to any
other distributee;
I. To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalization,reorganization,consolidation or merger of any
corporation, company or association,the securities of which may be held hereunder,to delegate
authority with respect thereto,to deposit investments under agreements,to pay assessments,and
generally to exercise all rights of investors;
J. To invest in endowment,insurance or annuity policies on the lives ofbeneficiaries
of any trust hereunder;
K. To continue in any partnership,joint venture,joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act as I
could have done had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase from
the estate or from any trust created hereunder,at the market value thereof at the time of purchase,
any securities or other property tendered to them by my estate or any trust created hereunder at
any time and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not
adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical
disability is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such
�.
�
Page 4 of 7 Pages
amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole
discretion in any of the following ways as he, she or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
4. By the fiduciary(ies)hereunder using such amounts directly to the benefit
of such beneficiary.
Evidence of the application of payment of an amount in such a manner shall be a full and
complete discharge of the fiduciary(ies)hereunder to the extent of such payment or application.
This paragraph shall be applicable to payments of income as well as principal.
P. To employ agents, attorneys and proxies and to delegate to them such power as
my personal representatives and Trustees consider desirable and to pay reasonable compensation
for such services as may be rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration
of my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM SEVEN
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any trust
hereunder shall not be in any way or manner subject to anticipation, assignment,pledge, sale or
transfer,nor shall any such interest,while in the possession of my Trustee,be liable for or subject
to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments,
executions or sequestrations under process of law.
�� � s�
M.A.S.
Page 5 of 7 Pages
ITEM EIGHT
APPOINTMENT OF EXECUTOR AND TRUSTEE
I nominate, constitute and appoint my spouse, JAMES F. STEINMETZ, as Executor of
my estate. In the event that my said spouse shall predecease me or fail to act as Executor, then
I appoint my granddaughter, JESSICA FLINN, as Executrix of my estate.
I nominate,constitute and appoint my spouse,JAMES F. STEINMETZ,as Trustee of any
trust created hereunder. In the event that my said spouse shall fail or be unwilling to continue
to act as Trustee, then I appoint my granddaughter, JESSICA FLINN, as Trustee of any trust
created hereunder.
ITEM N1NE
WAIVER OF BOND
I direct that neither my Executor nor my Trustee,or their successors, shall be required to
file any bond in any jurisdiction to secure the faithful performance of their duties,nor shall they
be required to obtain any order or approval of any court for the exercise of any power or
discretion set forth in this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this �/S� day of
���'Yi�i,c,�t,,f,c�,/.. �°�:Y��v .
lJ �l
�- ' � l " .�-(SEal.,)
,
' 'am A. Steinmetz
,
SIGNED, SEALED,PUBLISHED AND DECLARED by the above-named Testatrix,as
and for her Last Will and Testament, in the presence of us, who at her request, have hereunto
subscribed our names as witnesses thereto,in the presence of the said Testatrix and of each other.
J��:��.�. l �>ti ,�
Page 6 of 7 Pages
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, Miriam A. Steinmetz, Ivo V. Otto III, and �1����-��� `t� C�t� ������- , the
Testatrix and the witnesses, respectively, whose names are signed to the 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 that the Testatrix has signed willingly, and that
the Testatrix 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 a witness
and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
,
/ : ^ \ _ �
est trix
Witness
�
� ����c,._ �'��. ��'�i--
Witn s
Subscribed,sworn to and acknowledged before me by Miriam A.Steinmetz,the Testatrix,
and subscribed and sworn to before me by Ivo V. Otto III and /�'1-?��� y `� ��h..����� ,
5�
the witnesses, this 3i day of `���-�'u�.�-�� , ��(��
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Notary Public
��
NOTARIA�SEAL
GCJFfRINE L.N�V�FpS,N07ARY PUBLIC
CAWL-18LE�ORO,CC�:i�IrY OF CUMBERLAND
INY COMMlS�IGN�;:PI��S MAY 21,2007
Page 7 of 7 Pages
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
,..� i
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No. 20�4- 00730 PA No. 21- 14- 0730
Es ta te Of: MlRIAM A STEINMETZ � � ��
(First,Midd/e,Last1 �7 � �j�1
�� � ��-1�'.. .:
�T�__.. � � C�l,
Late Of: CUMBERLAND COUNTY �—D'�� ' �' '. .'�-'�!
e��..:. , `. ::;�
Deceased `��-'� � `' �t"i
Soci al Securi ty No: 204-01-3781 �� � =_�
D -_., f.,i ;.:__ t'rt
._ ���
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WHEREAS, on the 6th day of August 2014 an instrument dated
January 31st 2006 was admitted to probate as the last will of
MlRIAM A STEINMETZ
lFirsf,Middle,Lasfl
late of CARL/SLEBOROUGH, CUMBERLAND County,
who died on the 3rd day of August 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
JESSICA FLINN
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 6th day of August 20�4.
�
Regi ter o ills
Deputy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)