HomeMy WebLinkAbout06-29-15 filed to terminate Deborah Keeley's parental rights.
8. There does not appear to be any language in grandmother, Georganna
Stevens' Will, which would indicate the settlor's intention regarding whether
termination of her daughter, Deborah Keeley's parental rights would remove the
daughter's natural child from the category of"issue" entitled to be beneficiaries of
the trust.
9. Given the timing of settlor's death and the child's bith, there is no
evidence of interac[ion between the two parties. See In Re: Tracy 346 A. 2n0. 750
(Pa. 1975).
10. Other Pennsylvania cases have given some guidance on the legal
question, but are either non-binding, or are not factually analogous to the present
case. See, Trust Estate of Henrv J. Branson Settlor, 23 Phila. Co. Rptr. 503 (1990
WL 902480); Tavlor Estate, 53 A. 2n°. 136 (Pa. 1947); Estate of Noblit, 2003 WL
23705299.
11. This Honorable Orphan's Cour[ would have jurisdiction over the matter
to determine who are proper beneficiaries of the testamentary trust. 20 P.A.
C.S.§711(2).
12. The trustees of the testamentary trust are:
- James A. Smiley, V.P.
Wilmington Trust Company
1 West High Street
Carlisle, PA ll013; and
- Floyd A. Fahnesbock, Jr.
1840 West Lisburn Road
Carlisle, PA 17015
13. The other in[erested parties/beneficiaries to said trust are:
a. Devon A. Rubenstein, minor child
c/o Lori and Shuane Roberts
1226 Montour Road, Apt. 2B
Loysville, PA 17047
b. Casey E. Stevens, minorchild
c/o Jodie and Timothy Heider
92 Pine Street
Dillsburg, PA 17019
c. Deborah Keeley
156 East Independence Street, Apt. 2B
Shamokin, PA 17872
14. Charitable reminder beneficiaries are:
a. Helen O. Krause Animal Foundation, Inc.
P.O. Box 311
Mechanicsburg, PA 17055-0311
b. Masonic Temple #227
6311 Old Branch Ave.
Camp Springs, MD 20748
c. Southgate Lions Club
4702 Alcon Drive
Camp Springs, MD 20748
15. The minor children in 13a. and 13b. Require a Guardian Ad Litem to
represent their interests.
16. Should this Honorable Court determine that if Deborah Keeley's parental
rights are terminated and that Joel Rubenstein, ]r. is not a beneficiary under the
estate or Trust of Georganna Stevens, then it is respectfully requested that a
separate trust be created for the minor child.
Respectfully requested,
Antonio D. Michetti, Esquice
DIEHL, DLUGE, JONES & MICHETTI
1070 Market Street
Sunbury, Pa. 17801
570-286-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
IN RE: EStdte Of G20rgdnnd .
Stevens
. No.: 21-12-1310
CERTIFICATE OF SERVICE
I, Antonio D. Michetti, Esquire, hereby certify that I have served the
foregoing document upon:
James A. Smiley, V.P. Devon A. Rubenstein, minor child
Wilmington Trust Company c/o Lori and Shuane Roberts
1 West High Street 1226 Montour Road, Apt. 2B
Carlisle, PA 17013; and Loysville, PA 17047
Floyd A. Fahnesbock, lr. Casey E. Stevens, minor child
1840 West Lisburn Road c/o Jodie and Timothy Heider
Carlisle, PA 17015 92 Pine Street
Dillsburg, PA 17019
Deborah Keeley Helen 0. Krause Animal Foundation
156 E. Independence St., Ap[. 2B P.O. Box 311
Shamokin, PA 17872 Mecvhanicsburg, PA 17055-0311
Masonic Temple #227 Southgate Lions Club
6311 Old Branch Ave. 4702 Alcon Drive
Camp Sprin9s, MD 20748 Camp Springs, MD 20748
Certified,
ANTONIO D. MICHETTI, ESQUIRE
Diehl, Dluge, Jones & Michetti
921 Market Street
Trevorton, PA 17881
(570) 797-8651
9W860)00 Cmpenter&Carpenter 09'23'98a.m. 06-ifi-d015 1 /1
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IN RE JR, " IN Tflf�COUAT OF
A miaor, • WMMON P1.C�AS
" 1VORTHOMBERLANDCOUN'fY,PA
+ dUv&ND.EDIVISION
• DEPENDENCY
.
• DP-9-1010
ORDER
Alm NOW,this 241b day of April,2015,upon motion of ihe buar�an Ad Litem for Ne
miaor ehild(Joel Rubeostein,lrJ,it is hveby ORDERED aod DIRECCED that Atiomey
Antonio Miehetti Esq.is pereby appointed to represmt the legal intemsls of the minor child
in the ebovo-xeferenced proaeediugs aod W feprese¢t tfie minor eLild•s intaests in
obteining any bmeSU the ehilA is mtitled ta�mdu his finndmother(Geolgama L.
Stevens)'s mut anNor eslste.
ACotpey Michetti is eafiUed to nceive e¢d review of all documenb,exhibits,ead ro�ords
filed w DP-9-2014.
AUomey Michetti is enH4ed to a¢y md ell iofo�mafion whicL would eea6la him to better
rep�eseM the kgal inleresU of the mi¢or child and be fully infmmed as to the
circumstanees of the cue.
Attomey MichetG s6a11 be compmsated at the steodecd nte for appointad comxl,excapt
tbet the Minor C6ild shetl be responsible for tLe payme¢t of legal fees if nso�es f�
paymmt bewme available to him. ?, �n .
�� �
BYTAECOURT: �� m ��;�_: .
� � ` •.
! �~ � �
N
Anthoor Jud`e �'e r
�
cc: Cheryl Humes,Fsq.,Guardim Ad Limm for Minor Child
Artmnio Michetb Esq.,Attomey for Minor Child
Kathlem Linooln,Esq,for N�tunl Mother
Susoo ScAweNz,8sq.,forNetunl Ftthe
�chaal Robinwn,Fsq.,fwNCCYS
Northumberl■nd Comry Children md YouM Sorvicea
cowt pdmi��9w+or Extrected from the recorda
Court �d fied thls d!''n day
nf r;� A.D. 2015
�" G- or Cou!ts
h�iy GG IS'C17 LX�;If95 F�B►
EXHIBI7 Mand y a January,2018
§
6 A
LAST WILL AND TESTAMENT
OF
GEORGANNA L. STEVENS
I, GEORGANNA L. STEVENS of Enola. Cumberland, County,
Peru�sylvania, declare this to be my Laet will and revoke any Will
or Codicil previously made by me.
ITEM I : I direct that all taxes, interest or penalties �
that may be asseased in consequence of my death, of whatever
nature, by whatever jurisdiction imposed, and on whatever
property imposed, ehali be paid from my residuary estate as part
of the expense of the administration of my estate, without �
apportionment.
ITEM II: I hereby authorize and empower my Executrix,
hereinafter named, to sell any or all of� the real property and .
personal property which I may own or to which I am entitled at
the time of my death, in the sole discretion of my Executrix, at
private or public sale, without an Order oE Court, at such time
or times and upon guch texms as the said Executrix shall deem
EXHIBIT
yL
4
's B
appropriate for the best interests of my estate (or my
beneficiaries) thereby converting the eame into cash. I further
authorize and empower my said Executrix to execute, acknowledge
and deliver all proper writ;ngs and deeds of conveyance and
tsanefer thereof.
ZTBM III: I bequeath all of my jewelry, including that
inherited from my grandmother and my mother, to my Co-Trustees,
hereinafter named, to be held for distribution to my daughter,
DEBORAH LYNNE KEELEY, if and when my individual Co-Trustees, JOHN
A. BERGSTRESSER and ESTHER R. 85RGSTRESSER, in their sole
discretion, deem it to be appropriate. Upon the death of my said
daughter prior to diatribution to her of all such items of
jewelry, said items shall be dietributed in accordance with the
provisions of the Trust set forth hereinafter in Item V.
ITEM IV: I direct that any pets which I may own at the
time of my death shall not be euthanized or placed into an animal
shelter. Ins[ead, I direct my Executrix to make every reasonable
attempt to permit the said peta to be maintained in [he same
2
household as that of my daughter, DEBORAH LYNNE I(EELEY, if my
Executrix, in her sole discretion, deems it to be appropriate .
In the event that this is not possible, I direct that my
Executrix shall have the said pets adopted into good caring
homes .
iTBM V: I devise and bequeath the residue oE my estate,
of every nature and wherever situate, to my Co-Trustees,
hereinafter named, IN TRUST, to be invested and managed as
follows:
A. As muc� o£ the principal and income o£ this Trust
as the Co-Trustees, in their sole discretion after
due consideration of all other assets and sources
of income and support, including entitlement to
federal and state public aeeistance benefits, may
£rom time to time think advisable for the health,
maintenance, support or education, including
college and post-graduate education, of my
daughter, DEBORAFI LYNNE KEELEY, or any of her
issue, shall be either paid to that person or
applied directly for that person's benefit by the
Co-Trustees. It is my express intention and
desire that my said davghter assume reasonable
responsibility for her own financial support and
maintenance, and I direct that my Co-Trustees give
due and appropriate consideration to her
contribution and to her reasonable responsibility
fos her own support in .determining what portion,
if any, of the principal and income of this Trust
is necessary or advisable to provide for the
3
health, maintenance, support or �education of my
said daughter, or any of her issue .
B. It is my desire that my home at 16 Salt Road,
Enola, Eaet Pennsboro Township, Cumberland County,
Pennsylvania, or any other primary reaidence I may
have at the time of my death, be maintained by my
Co-Trustees as a possible residence for my
daughter, DEHORP.H LYNNE KEELEY, in the event that
my said Co-Trustees, in their sole diecretion,
deem it to be appropriate for her to reside there
irmnediately following my deatfi or within the
reasonably foreseeable future.
C. Upon the death of my daughter, DEHORAH LYNNE
KEELEY, or upon my death in the event that she
fails to survive me, the then-remaining principal
and any accumulated income of this Trust shall be
paid:
i. To such of my said daughter's issue, er
atiroes, as are living on the date of
distribution; or
2 . In default of such issue, as follows :
a. The sum of $5, 000. 00 to the Helen O.
Krause Animal Foundation, Inc.
b. 75� of the remaining balance after
payment of the bequest set forth in a . above
to Masonic Temple #227 , of Camp Springs,
Maryland, in memoriam oE my parents, EDWARD
A. STEVENS and BETTY J. STEVENS, to be used
as follows : �
1 . ) One-half to be used for the
Shriner's Burn Center; and
4
2 . ) One-half to be used for such
charitable purposes as the said Masonic
Temple ahall in its discretion deem
appropriate.
c. 25& of the remaining balance after
payment of the beqUeat set forth in a. above
to Southgate Liona Club, Camp Springs,
Maryland, in memoriam of my grandparents,
George M. Heltz and Thelma Goodman Beltz.
ITfiM VI : In addition to the powers conferred upon my
fiduciaries previously in this instrument and by law, I authorize
all fiduciaries without any order o£ court and in their sole
discretion to:
A. Retain any property and invest and reinvest any
property, including by way of illustration and not by way of
limitation, cortonon stocks up to one hundred per cent (100&) of
corpus, stock in any Eiduciary corporation, or any affiliated,
related or subsidiary or parent corporation, any common or
diversified trust funds maintained by any fiduciary or
affiliated, related subsidiary or parent corporations, and any
form of life insurance, annuity or endowment policies; and in so
doing, any fiduciary may act without restriction to so-called
legal investments and without responsibility for diversification.
5
Any fiduciary may also keep reasonable amovnts of cash in bank
uninvested.
H. Sell any property at public or private sale, for
cash or credit, with or without security, and exchange or
partition property and give options for sales or exchanges .
C. Borrow and lend money from and to any person
and/or corporation, including any fiduciary, and mortgage or
pledge any property.
D. Repair, alter, improve or lease for any period of
time any property and give options for leases.
&. Vote in person or by proxy securities held by it
and in euch connection to delegate its discretionary powers .
F. Subscribe for stocks, bonds, or other investments;
exercise any stock option or similar rights; join in any plan of
lease , mortgage, merger, consolidation, reorganization,
6
foreclosure or voting trust and private securities thereunder,
and generally exercise all the rights of security holders of any
corporation.
G. Purchase investments at premiums and charge
premiuma tc income or principal or partly to each.
H. So that title may pass by delivery, register
securities in the name of a nominee as designated by any
corporate fiduciaxy or in the name of such other nominee as may
be convenient .
Z. Compromise claims by or against my estate or trust
including, without limitation, any questions relating to taxes or
to any policy of life insurance. However, my Eiduciaries need
not institute litigation to collect on any policy or on any claim
for the benefit of my eatate unleas they are reasonably
indemni£ied for a11 costs, couneel fees and other expenses of
such litigation.
7
J. Retain agents, employees, accountants and counsel
(including investment counsel) for advice and other professional
services, and pay them out of income or principal .
R. Make distribution in cash or in kind or partly in
each and to allocate specific assets among the beneficiaries in
such proportions as my £iduciaries may think best, so long as the
total market value of any beneficiary' s share is not affected by
such allocation.
L. Determine whether any stock dividend, stock split,
extraordinary dividend or other items of receipt or e�cpenditure
shall be allocated to income or principal or partly to income and
� partly to principal. My fiduciaries are relieved of all
liability in making such allocations, and distribu[ion shall be
made without their being required to file an account for
confirmation.
8
M. Hold, manage, invest and account for separate
trusts either as separate funds or in one or more consolidated
funds in which each trust sha11 own an undivided interest .
N. Add to the principal oP any truet created
hereunder any property received from any person by deed, will or
in any other manner.
O. Continue any business or businesses in which I may
be interested at the time of my death, whether or not said
business is conducted by me at the time of my death individually,
as a partnership, or through a corporation wholly owned or
controlled by me, with fu11 authority to eell, settle and
discontinue any of them, at such time or times and upon such
terms or conditions which, in the judgment o£ my fiduciaries are
for the best interests of my estate or any trust created by my
Will .
P. Relinquish, in whole or in part by instrument in
writing, any power given to him or her by law or under the
9
provisions of this Will, provided that such relinquishment shall
not bind his or her successors unless similarly relinquished in
writing by them.
ZTBM VII : The principal and income of any trust created
hereunder shall be free from anticipation, assignment, pledge or
obligation of any beneficiary and shall not be subject to any
execution or attachment or to voluntary or involuntary
alienation, except that nothing in this provision shall preclude
the assignment of all or any part of a beneficiary' s interest to
his or her deecendants.
ITfiM VIII: I appoint my friends, JOHN A. BERGSTRESSER
and ESTHER R. BERGSTRESSER, or the survivor of them, now of
Harrisburg, Dauphin County, Pennsylvania, and FINANCIAL TRIIST
SERVICES CONPANY, of Harrisburg, Davphin County, Pennsylvania, or
its successor, Co-Trusteea of any trusta established by this, my
last Will . Should both of my friends, JOHN A. BERGSTRESSER and
ESTHER R. BERGSTRESSER, fail to qualify or cease to act as Co-
Trustee for any such trust, I appoint my friend, FLOYD A.
10
FAHNESTOCK, JR. , now of Carlisle, Cumberland County,
Pennsylvania, Co-Trustee of any such trUst .
ITEM IX: I appoint my friend, ESTHER R. BERGSTRESSER, now
of Harrisburg, Dauphin County, Penneylvania, as Executrix of
this, my las� Will . Should my said friend fail to qualify or
cease to act as Executrix, I appoint my friend, FLOYD A.
FAHNESTOCK, JR. , now of Carliele, Cumberland County,
Pennsylvania, as Executor of this, my last will .
ITEM X: I direct that my primary fiduciaries appointed
herein shall consult my friend, FLOYD A. FAHI�tESTOCK, JR. , as a
financial advisor for assistance in making any financial
decisions related to my estate or any Trusts created hereunder.
I also direct that my appointed fiduciaries retain my attorney,
CONSTANCE P. HRUNT, ESQUIRE, Eor the administration of my estate
and £or any other legal counsel . or representation relating to my
estate or any Trusts created hereunder.
11
xTEM Xi: I direct that my Executrix or Co-Tzustees, or
their successors, shall not be required to give bond for the
faithful performance of their duties in any jurisdiction.
Ip WITN855 SPfIEREOF, I have hereunto set my hand and seal
� , 1998.
this � day of g
(Seall
GO ]NA L. STEVENS, Testatrix
12
i
The pseceding instrument, consisting o£ this and twelve (12)
other typewritten pages, identi�ied by the signature of the
Testatrix, GEORGANNA L. STEVENS, was on the day and date thereof
signed, published and declared by GEORGANNA L. STEVENS, the
Testatrix therein named, as and Eor her last Will, in the
presence of us, who, at her request , in her presence and in the
presence of each other, have subscribed our names as witnesses
hereto.
{�0 �BOX ��
op . i,��n.;�-�,q l707�f
I c�////,'�, 3/(/JOCI l�ttns-�nE �� �Cl��
� �� �C}�^�' of m1YYlS�dU.��/�l� I7l��1
1
,
, I
COMMONWEA2.1'K OF YBNNSYLVANIA : SS
COUNTY OF DAUPHIN '
I, GEORGANNA L. STEVENS, the Testatrix 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 insLrument as my Last Will; and that 1 signed it
willingly and as my free and voluntary act for the purposes
therein expreseed.
p Jp L. STEVENS
SWORN TO OR AFFIRMED
pD1D ACICNOWLEDGE HEFORE ME
$Y THE ABOVE-NAMED TESTATRIX
THIS ZY��^ DAY
OF L-'— , 1998 .
�'t �
Notary Public
Notanal Seal
Gonsler¢e P.Brunt,Notary Public
Hamsburg.Dauphin Counry
My Cwnmission Expires Oct.20.2001
. �
COMMONWEAL'.CH OF PENNSYLVANIA : SS
coma'rx OF DAIIPHIN ' L� � i�� urJOtU-�1��
we, .SKIa�-I �. C 6�/17/�N , and fAU �
witnesses whose names are signed to the attached or foregoing
instrument, being duly q�alified according to law, do depose and
say that we were present and saw the Testatrix eign and execute
the instrument as her free and voluntary act for the purposes
therein expressed; that each subscribing witness in the hearing
and sight of the Testatrix signed the Will as a witness; and
that to the best of our knowledge, the Testatrix was at the time
eighteen (18) or more years of age, of sound mind and under no
conatraint or undue influence.
NiI ESS / �
� �X�i �/
��
W TNE55
SWORN TO OR AFFIRMED
BEFORE ME BY THE
ABOVE-NAMED WITNESSES
THIS p�� DAY OF
�L,yL� , 1998 .
/ '
Notary Public
Notarial Seal
Gonstance P.BrunL Na�ary Pu01ic
Hartisburg.Dauphin Gounry
My Gommission Exo�res Oct.20.2001