HomeMy WebLinkAbout01-0416
PETITION FOR PROBATE and GRANT OF LETTERS
Estate afROBERT S. EINSTEIN, JR.,
Deceased.
Social Security No. 189-09-5042
No.
To:
21-01-416
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner is 18 years of age or older and Co-Executor named in the last will of the above
decedent, dated November 4, 1998. R. Stuart Einstein, the other C-Executor named therein, has
renounced his right to serve as Co-Executor thereunder by written Renunciation dated April I? , 2001, in
favor of your petitioner, Peter K. Einstein.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or
principal residence at Chapel Pointe, 770 S. Hanover S1., Carlisle (Borough of Carlisle), 17013.
Decedent, then 80 years of age, died March 20, 2001, at his residence at Chapel Pointe, 770 S.
Hanover S1., Carlisle (Carlisle Borough), Cumberland County, Pennsylvania.
Except as follows, decedent did not marry, was not divorced and did not have a child born or
adopted after execution of the will offered for probate; was not the victim of a killing and was never
adjudicated incompetent: None
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows: N/A
$100,000.00
$
$
$
WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and
the grant of letters testamentary thereon. a
. 1 (",
c. -1<>.-
Peter K. Einstein
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
The petitioner above-named swears or affirms that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of petitioner and that as personal representative of the
above decedent, petitioner will well and truly administer t~el estate accordi,ng to law.
J / ~ I~
Sworn to or affirmed and subscribed . A~ ~~ .
before me this 25th _ day of Peter K. Einstein
APRIL , 2001.
ry" Y(;J~ < 'l ./~~'<C{~s:r );/', i bt
No. 21-01-416
Estate of ROBERT S. EINSTEIN, JR., Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, APRIL 26,
, 2001, in consideration of the petition on the
reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 11-04-1998
, described therein be admitted to
probate and filed of record as the last will of Robert S. Einstein, Jr. and Letters Testamentary are hereby
granted to Peter K. Einstein.
Will Book #
Page
~ ~r/.Lt.y (2 I
/ . '
u--;{y
FEES
Probate, Letters, Etc.
Short Certificates( )
~-pages
KenuncIation
JCP
TOTAL
$ 200.00
$ 15.00
27.00
~ ~ . ~~
$-252.00-
Stephen L. Bloom, Esquire
Sup. Ct. J.D. No. 49811
2100 Longs Gap Road
Carlisle, P A 17013
(717) 249-7717
Filed APRIL 25, 2001
C \LAS\ESTA TES\ 1 023 I-pet J
!h" is ro certiA' that the information here given is correctly copied from an original certitlc:lte of death dul~ 111ed with me as
L~h.: I Registrar.' The original certitlcatr will be forwarded to the State Vital Records Oftlce for permanent filmg.
WARNING: It is illegal to duplicate this copy by photostat or photograph,
P 7247864
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MAR 2 2 2001
No.
Date
21-01-416
105. ; oJ Rev 2187
COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
NAME Of' DECEDENT IF"... MoOO'e.casI\
1. Ro bert
s.
Einstein,
Jr.
SEX
2. Ma 1 e
STAT E FilE ~UMtlER
SOCIAL SECURITY NUMBER
189-- 09
3.
5042
OAT E OF DEATH ,McnIft. Oa~. .'Nfl
.. March 20,2001
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80
UNOER 1 YEAR
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Cumberland
Carlisle
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WI L L
I, ROBERT S. EINSTEIN, JR., of Carlisle, Cumberland County, Pennsylvania, declare this to be
my Will and revoke all prior Wills and Codicils.
FIRST:
Tangible Personal Prooertv.
I give all tangible personal property owned by me at my death and all insurance
policies on such property in equal shares. Should any child of mine predecease me or not
survive me by thirty (30) days, then I give, devise and bequeath all tangible personal property
to my surviving child.
SECOND:
Residue.
I give the residue of my estate, as follows:
(a) One-half of the residue of my estate to my son, PETER K. EINSTEIN, if
he survives me by thirty (30) days. If he fails to so survive me, to my daughter-in-law, FRAN
E. EINSTEIN, if she survives me by thirty (30) days, or if she fails to so survive me, to my
Trustee in trust for my grandson, ROSS A. EINSTEIN, with said trust to be designated as the
Peter K. Einstein Family Trust, as more particularly set forth in Paragraph SECOND (c) herein.
(b) One-half of the residue of my estate to my son, R. STUART EINSTEIN,
III, if he survives me by thirty (30) days. If he fails to so survive me, to my daughter-in-law,
LETITIA R. EINSTEIN, if she survives me by thirty (30) days, or if she fails to so survive me,
to my Trustee in trust for my grandchildren, KRISTEN EINSTEIN, ANDREW N. EINSTEIN, and
MATTHEW T. EINSTEIN, with said trust to be designated as the R. Stuart Einstein, III, Family
Trust, as more particularly set forth in Paragraph SECOND (c) herein.
(c) The residue, if any, of my estate given to my Trustee in the Peter K.
Einstein Family Trust and the residue, if any, of my estate given to my Trustee in the R. Stuart
Einstein, III, Family Trust, shall be placed into each such trust and each such trust shall be
further divided into as many equal shares as their are grandchildren of mine then living being
beneficiaries of each such trust and grandchildren of mine then deceased being beneficiaries
of each such trust represented by descendants then living, and for each such trust:
(1) To pay the share of a then-deceased grandchild to his or her
living descendants, per stirpes.
PAGE ONE OF TEN PAGES
..
~
... "
(2) To retain in a further separate trust each share of the then-living
grandchild, and
(a) To pay the net income therefrom at least quarterly to such
grandchild.
(b) To pay to or apply for the benefit of such grandchild and
any of his or her descendants so much of the principal of
such grandchild's separate trust as my Trustee deems
advisable for his or her maintenance, education, support
and welfare. In the exercise of this power for any person,
the funds available to him or her from other sources shall
be considered by my Trustee. Payments so made to or
for the benefit of a grandchild of mine or to or for the
benefit of a descendant of such child, shall be charged
against the share of principal represented by the person
benefitted thereby or his or her ancestor.
(c) To pay the principal thereof to such grandchild upon his or
her written request as follows:
(i) At any time after attaining age twenty-five (25),
up to one-half of the fair market value.
(jj) At any time after attaining age thirty (30), the
remaining principal.
(jij) The fair market value as referred to in Clauses i
and ii hereof shall be determined, and a grandchild
shall be entitled to withdraw principal, at the
foregoing respective ages, at the determination of
the above-referenced Trust term or upon my death,
whichever last occurs.
lflt
PAGE TWO OF TEN PAGES
(d) Upon the death of any such grandchild before the entire
principal of his or her trust has been distributed, to pay
the remaining principal to such of my descendants (except
such grandchild) and their spouses (including the spouse
of such grandchild), in such manner and shares, for such
estates, or upon such trusts as such grandchild may
appoint in his or her last Will by specific reference to this
limited power; provided that any interest so appointed to
the spouse of a descendant of mine shall not exceed an
income interest for life, and to pay the principal not
effectively so appointed to the then living descendants of
such grandchild, per stirpes; and in default of such
descendants, to my then living descendants, per stirpes.
Any additional share of a grandchild of mine for whom a
trust is then in existence under this subparagraph shall be
added to such trust, to be held under the terms thereof as
applied to circumstances then existing.
(d) Except as provided in Paragraph FIFTH (I), all income accrued or
undistributed at the death of an income beneficiary shall be paid to the succeeding income or
principal beneficiaries.
THIRD:
Soendthrift Provision.
Until distributed, no gift or beneficial interest shall be subject to anticipation or
to voluntary or involuntary alienation.
FOURTH:
Death Taxes.
(a) All death taxes (and interest and penalties thereon) imposed as a result
of my death upon property passing under my Will and upon proceeds of insurance on my life I
but not otherwise, shall be paid out of the principal of my residuary estate, each share thereof,
whether outright or in trust, to bear a pro rata portion of such taxes.
(b) I authorize my Executor, in my Executor's sole discretion, to make an
election, in whole or in part, to cause a Pennsylvania Inheritance Tax to be payable by my
estate on property passing to or for the benefit of my spouse or to defer the Pennsylvania
Inheritance Tax on such property. My Executor shall be without liability to anyone for making
or failing to make such election. ~ S [.
+
PAGE THREE OF TEN PAGES
FIFTH:
Administrative Powers.
My Executor and Trustee shall have the following powers in addition to those
conferred by law until all property is distributed:
(a) To retain any real or personal property (including stock of the corporate
Trustee, if any, or of a company controlling it) in the form in which it is received.
(b) To sell at public or private sale for cash and/or credit, to exchange, and
to lease for any period of time, any real or personal property and to give options for such sales,
exchanges, or leases.
(c) To purchase all forms of property, including but not limited to stocks,
bonds, notes and other securities (including stock of the corporate Trustee, if any, or of a
company controlling it), common trust funds and real estate, or any variety of real or personal
property, without being confined to so-called legal investments and without regard for the
principle of diversification.
(d) To purchase securities at a premium or discount and to charge such
premium or credit such discount to principal or income.
(e) To exercise any option arising from the ownership of any investment; to
join in any recapitalization, merger, reorganization, liquidation, dissolution, consolidation or
voting trust plan affecting any investment; to delegate powers with respect thereto; to deposit
securities under agreements and pay assessments; to subscribe for stock and bond privileges;
and generally to exercise all rights of security holders.
(f) To hold property unregistered or in the name of a nominee.
(g) To mortgage, divide, alter, repair and improve real property and generally
to exercise all rights of real estate ownership.
(h) To distribute in cash, in kind, or partly in each, and to use any share to
be composed of cash, property, or undivided fractional shares in property different in kind from
any other share.
~
PAGE FOUR OF TEN PAGES
(i) To compromise claims by or against my estate or any trust hereunder,
including but not limited to tax issues and disputes, without order of court or consent of any
party in interest and without regard for the effect of such compromise on any interest
hereunder.
(j) To borrow money and to pledge any real or personal property as security
for the repayment thereof.
(k) To buy real and personal property from my Executor, and to lend money
to my estate upon such terms and conditions as my Trustee deems advisable, even if an
Executor is also a Trustee.
(I) To apply income for the benefit of any incapacitated individual to whom
income mayor must be distributed for any reason during the period of incapacity. Income not
so applied shall be accumulated, invested, and if not sooner applied, paid to such individual
upon gaining capacity or to his or her personal representative if he or she dies before gaining
capacity.
(m) With respect to a principal share vesting in a beneficiary who, in the
opinion of my Executor or Trustee, is incapacitated by reason of age (other than minority) or
illness (mental or physical) when such share vests in him or her: to hold the share during his
or her incapacity and to invest the share and all accumulations thereon; to apply so much of
the income and principal as my Executor or Trustee deems advisable for such beneficiary's
benefit for any reason without considering other funds available to him or her; and to deliver
the balance of principal and income to the beneficiary at such time as he or she gains capacity.
In addition, at any time to pay the entire share to the guardian of the estate of the
incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other
person as may be selected by my Executor or Trustee to receive a distribution under this
subparagraph shall be a full and complete discharge to my Executor or Trustee.
(n) To join with my spouse or my spouse's personal representative in filing
any joint income tax return, and to join in any gifts made by my spouse for gift tax purposes
even if this may result in additional liabilities for my estate. Any income or gift taxes due on
such returns and any deficiencies, interest, penalties or refunds thereon shall be allocated
between my estate and my spouse or my spouse's estate, or all to any of them, in such
manner as my Executor and my spouse or my spouse's personal representative may agree.
~
PAGE FIVE OF TEN PAGES
(0) To apply expenses of my estate permitted as income tax or estate tax
deductions and to value my estate for estate tax purposes by any method permitted, without
adjusting between income and principal for any effect thereon.
(p) Whenever Trustee determines that the size of any trust does not warrant
the cost of continuing it, or that its administration would be impractical for any other reason,
to pay the principal without further responsibility to the income beneficiary, subject to the
provisions of subparagraph (m) or Paragraph NINTH; provided, however, that no Trustee shall
participate in any decision to terminate any trust of which he or she is a current income
beneficiary hereunder.
(q) To pool the assets of all separate trusts under Paragraph SECOND for
investment purposes, allocating to each such trust an undivided proportionate interest in the
pooled assets.
(r) To merge any trust hereunder with any other trust held by Trustee
whether created by me or by any other person by Will or Deed, if the trusts are for the primary
benefit of the same persons and contain substantially similar terms.
(s) To employ accountants, agents, investment counsel, brokers, bank or
trust company to perform services for and at the expense of my estate or any trust or trusts
hereunder for which such services are performed and to carry or register investments in the
name of the nominee of such agent, broker, bank or trust company. The expenses and
charges for such services shall be charged against principal or income or partly against each
as my Executor and Trustee may determine. My Executor and Trustee are expressly relieved
of any liability or responsibility whatsoever for any act or failure to act by, or for following the
advice of, such accountants, agents, investment counsel, brokers, bank or trust company, so
long as my Executor and Trustee exercise due care in their selection. The fact that an
Executor or Trustee may be a member, shareholder or employee of any accounting, investment
or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict
of interest. Any compensation paid pursuant to this subparagraph shall not affect in any
manner the amount of or the right of my Executor or Trustee to receive commissions as a
fiduciary.
SIXTH:
Administrative Provisions.
(a) A beneficiary's incapacity shall be determined solely by my Trustee. The
incapacity of a beneficiary who is also a Trustee shall be determined solely by my other
PAGE SIX OF TEN PAGES
1U~t
Trustee. No Trustee who is also a beneficiary hereunder, if incapacitated in the opinion of my
other Trustee, shall participate in any decision to apply income for his or her benefit.
(b) No Trustee hereunder shall participate in any decision to pay income or
principal to or for the benefit of himself or herself or any individual whom he or she is legally
obligated to support.
(c) The receipt of any recipient of an item to hold for, or any payee of a
payment for the benefit of, an incapacitated beneficiary shall be a complete discharge to my
Executor and Trustee.
SEVENTH:
Power of Aooointment.
I decline to exercise any power of appointment given to me under any Will,
Codicil or Deed of Trust.
EIGHTH:
Definitions.
(a) The words "Executor," "Trustee," "Guardian" and "Custodian" when
used in this Will shall include all genders and the singular and plural as the context may
require.
(b) The word "descendants" when used in this Will shall include persons and
their descendants.
(c) The words "incapacitated" and "incapacity" when used in this Will shall
refer to an inability to use funds by reason of age or illness (mental or physical).
(d) When a "per stirpes" distribution of income or principal to a designated
individual's descendants is provided for under this Will, such income or principal shall be
divided into as many equal shares as there are then living children of such individual and then
deceased children represented by descendants then living, and each then living child shall
receive one share, and the share of each deceased child shall be divided among his or her
descendants in the same manner, repeating this pattern with respect to succeeding
generations until all shares are determined.
(e) Paragraph headings in this Will are for reference only and shall not affect
the meaning, construction or effect of this Will.
PAGE SEVEN OF TEN PAGES
R!G ·
~
NINTH:
Custodian.
(a) I appoint such individual or corporation (including a fiduciary serving
hereunder) as is designated in writing by my Executor as Custodian for (i) any beneficiary who
has not attained age twenty-one (21 ) at the time an interest is distributable outright to him or
her under this Will, and (ij) except to the extent a valid appointment of a Custodian has
otherwise been made, any person who has not attained age twenty-one (21) at the time an
interest is distributable outright to him or her as the result of my death from any other source.
Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or
Uniform Transfers to Minors Act then in effect in:
1 . The jurisdiction in which I am domiciled at death, or
2. The jurisdiction in which the beneficiary is domiciled, or
3. The jurisdiction of an existing Uniform Act custodianship for the
minor.
The selection among the foregoing shall be made by my Executor, in my Executor's absolute
discretion.
(b) If the applicable Uniform Act in the governing jurisdiction permits the
postponement of distribution to an age beyond age twenty-one (21) if so directed in the
governing instrument, I hereby direct that distribution shall be postponed until the maximum
age permissible under the Uniform Act.
(c) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for
any Custodianship property, and no successor has been otherwise appointed, I hereby appoint
my Executor (or if my Executor declines to serve, such individual or corporation as may be
designated in writing by my Executor) to serve as Custodian under the Uniform Transfers (or
Gifts) to Minors Act for any Custodianship property of which I am the Custodian. Upon
written acceptance of the successor Custodianship, my Executor (or such designee) shall be
authorized to take custody of any such property.
TENTH:
Executor and Trustee.
I appoint my sons, PETER K. EINSTEIN and R. STUART EINSTEIN, III, co-Executors.
I appoint FINANCIAL TRUST SERVICES COMPANY, or the successor to its trust services,
"1J<j
PAGE EIGHT OF TEN PAGES
Trustee under Paragraph SECOND. My Executors and Trustee shall not post security in any
jurisdiction. My corporate Executor and Trustee shall receive compensation for its services
hereunder in accordance with its Schedule of Fees in effect from time to time during the period
over which its services are performed.
Executed this ~ day of ~"EMIt.--1l
, 1998.
.-
~S, ~ ~
ROBERT S. EINSTEIN, JR.
(S EA l)
The preceding instrument, consisting of this and nine (9) other typewritten pages, each
identified by the signature of the Testator was on the day and date thereof signed, published
and declared by the Testator therein named as and for his last will, in the presence of us, who
t his request, in his presence and in the presence of each other have subscribed our names.
c~ q--1~
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
We, c.~"'\l~~" (. J{,y..~ fe, '^' and Ca Y1 " ,e J. Tr: ~t , 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 the Testator sign and execute the
instrument as his last will; that he signed willingly and executed it 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 the
time 18 or more years of age, of sound mind a nd r n constraint or undue influence.
~9~~
PAGE NINE OF TEN PAGES
Sworn and subscribed to
before me this e:: day
of dv'PrnbJr ,1 998.
Notariel S.I
K..... F. 8yers. ...., '-lie:
c..... 8oro. CumbIrtMd c:..,. 'A
.., ~ e....,.. ...... .. ..
~JI" I~ 7'. ~-j h...r.>-
Notary Public
COMMONWEALTH OF PENNSYLVANIA:
: 55
COUNTY OF CUMBERLAND
I, ROBERT S. EINSTEIN, JR., whose name is signed to the attached instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my last will; that I signed it as my free and voluntary act for the purposes
therein expressed.
~J.~ J
Robert S. Einstein, Jr.
Sworn and subscribed to and acknowledged before me this !f!: day of d~
1998.
~~p~ ~~
NoCMeI S.I
KI'''' ,. '''''' '**" PIIIIIIID
a...... Ioro. CunIIMrIend CouICJ. fa
M, CelMHlIioft IapIrea ...... .. ..
PAGE TEN OF TEN PAGES
21-01-416
RENUNCIATION
In Re Estate of ROBERT S. EINSTEIN, JR., deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned, R. Stuart Einstein, III, Co-Executor under the last will of the above
decedent dated November 4, 1998, hereby renounces the right to administer the estate and
respectfully asks that Letters Testamentary be issued to Peter K. Einstein.
WITNESS my hand this 11~
day of April, 2001.
t)L} r:Ld
. .'
R. Stuart EInsteIn, III
34 Oak Street
Geneva, NY 14456
ST ATE OF NEW YORK
COUNTY OF (Qf)f-a-rt'l)
)
: SS.
)
On this, the I 7 day of April 2001, before me, the undersigned officer, personally
appeared R. Stuart Einstei~, III, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~C..~td
Notary Public
(SEAL)
Ci ,<:;4 ii I:" ;'.N
MiT[,X{ P":"_~ ST,Wf:: 01' new 'lORi'
or~Tr~-~i0 CC:."::Y. r :!. .~-_.i;S3 ~D () "\
Cc,f{u,il~lui~ tj\i"'~l;:3 DEL:. jl, ~ '- ~
C:\LAS\EST A TES\!023!-ren.!
STEPHEN L. BLOOM
ATTORNEY AND COUNSELLOR AT LAW
2100 LO~GS GAP ROAD
C.\RLISLE, PE~NSYLVANIA 17013
717-249-7717
---
~-
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: ROBERT S. EINSTEIN, JR.
Date of Death: March 20, 2001
File No. 21-01-0416
To the Register:
I certify that Notice of Beneficial Interest required by Rule 5.6(a) of the Orphans' Court
Rules was served on or mailed to the following beneficiaries of the above estate on April 27, 2001:
Name
Address
R. Stuart Einstein, III
Peter K. Einstein
34 Oak Street, Geneva, NY 14456
1424 Bradley Drive, D312, Carlisle, P A 17013
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: N/A
Date: May 9,2001
~~
-Stephen L. Bloom, Esquire
2100 Longs Gap Road
Carlisle, P A 17013
(717) 249-7717
Capacity: Counsel for Personal Representative
C\LAS\Estates\I0231-lcert.not
Register of Wills of
CUMBERLAND
County, Pennsylvania
INVENTORY
Estate of Robert S. Einstein, Jr.
No. 21- 01- 0416
Date of Death 03/20/2001
also known as
,Deceased Social Security No.
189-09-5042
Peter K. Einstein,
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned
no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this
Inventory. I !We verify that the statements made in this Inventory are true and correct. l!We understand that false statements herein
are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities.
Name of
Attorney:
Stephen L. Bloom, Esquire
Personal Representati~. . ~ . ,
Signature' 4-1 ' &
Peter K. Einstein
1.0. No.:
49811
Signature:
Address:
2100 Longs Gap Road
Address:
1424 Bradley Drive
Carlisle, PA 17013
Carlisle, PA 17013
Telephone: 717/249-7717
Telephone: 717/249-6003
Dated:
,Ii <6/01
, I
Description
Value
(See continuation page(s) attached)
(Attach additional sheets if necessary)
Total:
106,647.49
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems,lnc.
Form #RW-7 (1992)
.-.
Estate of:
Date of Death:
County:
INVENTORY
Robert S. Einstein, Jr.
03/20/2001
Cumberland
CASH:
Chapel Point Retirement
Community, Refund
63,283.33
Mellon Bank Checking Account
#182-108-8299
5,148.21
Members 1st Regular Savings
Account #166791-00
43.99
Members 1st Investment Savings
Account #166791-05
27,022.15
Members 1st Certificate of
Deposit #166791-40
11,149.81
TOTAL RECEIPTS OF PRINCIPAL... ............
-1-
106,647.49
106,647.49
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
.cOUNTY
ACN
08-06-2001
EINSTEIN
03-20-2001
21 01-0416
CUMBERLAND
101
STEPHEN L BLOOM ESQ
2100 LONGS GAP RD
CARLISLE PA 17013
*'
REV-15ft7 EX AFP (12-DD)
ROBERT
S
Allount Remitted
) CHANGED
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
106.647.49
.00
.00
(8)
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
RE-V =is'4-f-Ex-AFP-(,i'2-:oo1--NoYicE--oF-'rtiHEifiTANci-YA"ir'AppR'AisEMENT,--Aii-oWANCi-iri-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF EINSTEIN ROBERT S FILE NO. 21 01-0416 ACN 101 DATE 08-06-2001
TAX RETURN WAS: (X) ACCEPTED AS FILED
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(9)
(10)
5,867.54
306.41
NOTE: To insure proper
credit to your account,
subllit the upper portion
of this forll with your
tax payment.
106,647.49
(11)
(12)
(13)
(14)
6.173 91i
100,473.54
.00
100,473.54
NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Allount of Line 14 at Spousal rate (15)
16. Allount of Line 14 taxable at Lineal/Class A rate (16)
17. Allount of Line 14 at Sibling rate (17)
18. Allount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX CREDITS:
.00 X 00 = .00
100,473.54 X 045 = 4,521.31
.00 X 12 = .00
.00 X 15 = .00
(19)= 4,521.31
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
06-20-2001 AA496749 226.07 4,295.24
TOTAL TAX CREDIT 4,521.31
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
STEPHEN L. BLOOM
A T TOR N E Y A 1>1 D -<:; 0 LJ N S ELL 0 RAT LAW
2100 LO.\JGS GAP ROAD
C,\RLISLE, PE.\JNSYLVANIA 17013
717-249-7717
sf
<-
REGISTER OF WILLS OF CUMBERLAND COUNTY
STATUS REPORT UNDER RULE 6.12
(For Resident Decedents Dying After July 1, 1992)
Name of Decedent:
ROBERT S. EINSTEIN, JR.
no
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Date of Death:
March 20, 2001
I;:~
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File No. :
21-0 1-0416
-
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Social Security No.: 189-09-5042 J::::>
:I! ','::: r"'1
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report1Jiefollo~ with resPect to
completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes X
No
2. If the answer is No, state when the personal representative reasonably believes that the
administration will be complete: N/ A.
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file afinal account with the Court? .
Yes_
No X
b. The separate Orphans' Court No. (if any) for the personal
representative's account is: N/ A.
c. Did the personal representative state a1.2 account informally to the parties in interest?
Yes
X
No
d. Copies ofreceipts, releases, joinders and approvals offormal or informal accounts
may be filed with the Clerk of the Orphans ' Court and may be attached to this report.
Date: December 13, 2001
-~~~
Stephen L. Bloom, Esquire
2100 Longs Gap Road
Carlisle, PA 17013
(717) 249-7717
Counsel for Personal Representative
Signature:
Name:
Address:
C:\LAS\Estates\10231-statrpt.l
/b-;).t)~.~
OFFICIAL USE ONL Y
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
REV-150Q EX + (6-00)
X 1. Original Return 2.
CAPB 4. limited Estate 4a.
HpRL X 6. Decedent Died Testate 7.
EplO
CRAC (Attach copy of Will)
KOTK o 9. Litigation Proceeds Received 010.
ES
C P
0 0 Ste hen L. Bloom, Es uire
R N fiRM NAME (If Applicable)
R 0
E E Ste hen L. Bloom, Es uire
S N
T TELEPHONE NUMBER
C
o
M
P
T U
A T
X A
T
I
o
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FILE NUMBER
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 28060 1
HARRISBURG, PA 17128~0601
DECEDENT'S NAME (LAST, FIRST,AND MIDDLE INITIAL)
Einstein Jr. Robert S.
DATE OF DEATH (MM-DD-YEAR)
21-01-0416
NUMBER
CQUNTYCODE YEAR
SOCIAL SECURITY NUMBER
189-09-5042
THIS REtURN MUST BE FilED IN DUPUCA1E WITH THE
REGISTER OF WILLS
SOCIAL S CURl Y NUMBER
Supplemental Return
Future Interest Compromise (date of death after 12-12-82)
Decedent MaIntained a Living Trust 1
{Attach copy of Trust}
Spousal Poverty Credit 0
3. date of death
. Remainder Return prior to 12- 13-82)
5. Federal Estate Tax Return Required
8. Total Number of Safe Deposit Boxes
l\
11. Election to tax under Sec. 91 13(A)
(Attach Sch 0)
TloN,$HOtlLI)~BEl)Il'lEcTel) I.
2100 Longs Gap Road
Carlisle, PA 17013
R
E
C
A
P
I
T
U
L
A
T
I
o
N
49- 17
Real Estate (Schedule A)
Stocks and Bonds (Schedule B)
Closely Held Corporation, Partnership or
Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or LI
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule \) {10}
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(8) 106,647.49
(11) 6.173.95
(12) 100,473 .54
(13)
(14) 100,473.54
(1)
(2)
(3)
None
None
None
OFFICIAL USE ONLY
(4)
(5)
None
106,647.49
(6)
None
None
5,867.54
306.41
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116(03)( 1.2)
16. Amount of Line 14 taxable at lineal rate 100,473.54
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
20.
(15)
(16)
(17)
(18)
(19)
0.00
4,521. 31
0.00
0.00
4,521.31
x
X
X
X
.0 0
.045
.12
.15
Copyright (e) 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
CITY I STATE [ ZIP
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
8. Prior Payments
C. Discount
(1)
4,521.31
4,295.24
226.07
Tolal Credits ( A + S + C) (2)
4,521.31
3. Interest/Penalty if applicable
D. Interest
E. Penalty
TotallnlerestlPenalty ( D + E) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Cheek box on Page 1 Line 20 to request a refund (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (SA)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (58)
Make Cheek Payable 10: REGISTER OF WillS, AGENT
<'''''~L~~~~''~~~W~~''~~;~<~'~[[~Wi~~'''~~~~~i~;~;~;''tJ~'''~[~~1~~;i~~ i~!~!i, 'i:'~";f~~"'i~~~6~RIATEBLOCKS.
1.
0.00
0.00
0.00
0.00
0.00
Did decedent make a transfer and:
a. retain the use or income of the property transferred;
b. retain the right to designate who shall use the property transferred or its income; .
e. retain a reversionary interest; or.
d. receive the promise for life ot either payments, benefits or care?
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .
3. Did decedent own an "in trust for" or payable upon death bank account or security at his
or her death?
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property
which contains a beneficiary designation?
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FilE IT AS PART OF THE RETURN.
Yes No
~~
o
o
o
[]]
[]]
[]]
Unde( pena\t\esoi perjury, \ declare that I have examined this return, includIng accompanying schedules and statements. and to the best of my knowledge and belief, it is true,
correct and complete. Declaration of preparer other than the personal representative Is based onal! Information of which preparer has any knowledge.
SIGNA E OF Pi;R~ RESPONSIBLE FOR FILING RETURN Peter K. Einste in
^~ I ~ ' ---21~)\~i~-:~~~-I?H-6i3---------------------------
SIGNATUREOFPREPARER SENTAT!VE Stephen L. Bloom, Esquire
___2.~90 ),onJ>~ ___ _ __ __ __ __ ___ _ _ ___ __ ____
DATE
tJ/~JOI
DATE
For dates of death on or after July 1. 1994 and before January 1. 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.S. 9116 (a) (1.1) WI.
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. 9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements ~or disclosure of assets
and ~mng a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates at death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural
parent, an adoptive parent. or a stepparent of the child is 0% (72 P.S. 9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 9116(1.2)
[n P.S. 9116(aX1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12"1" [72 P,S. 9116(a)(1.3)]. A sibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
Copyright (cJ 2000 form software only The Lackner Group, Inc.
Form REV-1SOO EX (Rev. 6-00)
REV-1S08 EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert S. Einstein Jr.
SCHEDULE E
CASH. BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
SS# 189-09-5042
03/20/2001
FILE NUMBER
21-01-0416
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1
DESCRIPTION
Chapel Point Retirement Community, Refund
VALUE AT DATE
OF DEATH
63,283.33
2
Mellon Bank Checking Account #182-108-8299
5,148.21
3
Members 1st Regular Savings Account #166791-00
43.99
4
Members 1st Investment Savings Account #166791-05
27,022.15
5
Members 1st Certificate of Deposit #166791-40
11,149.81
TOTAL (Also enter on line 5, Recapitulation) $ 106,647.49
(If more space is needed, insert additional sheets of the same size)
copyright(c} 1996 form software only CPSystems.lnc. Form REV-1508 EX (Rev. 1-97)
REV-1S11 EX+(1-97)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert S. Einstein Jr.
$$11 189-09-5042
03/20/2001
Debts of decedent must be reported on Schedule I.
FILE NUMBER
21-01-0416
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES,
1 Ewing Brothers, Funeral Services 1,638.00
2 George's Flowers, Funeral Service 53.00
3 Word & Song, Registry book for funeral 10.60
B. ADMINISTRATIVE COSTS,
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s) I EIN Number of Personal Representative(s)
Street Address
City State Zip
-
Year(s) Commission Paid:
2. Attorney's Fees Stephen L. Bloom, Esquire 3,561.31
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City State Zip
-
Relationship of Claimant to Decedent
4. Probate Fees Register of Wills 252.00
5. Accountant's Fees 200.00
6. Tax Return Preparer's Fees
7. Other Administrative Costs
1 The Cumberland Law Journal - Publication of Legal Notice 75.00
2 The Sentinel . Publication of Legal Notice 77 .63
TOTAL (Also enter on line 9, Recapitulation) $ 5,867.54
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPsystems, Inc.
Form REV-1511 EX (Re\l. 1-97)
REV-1512 EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
EST ATE OF
Robert S. Einstein Jr.
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, AND LIENS
SSfI 189-09-5042
03/20/2001
FILE NUMBER
21-01-0416
Include unreimbursed medical expenses.
ITEM
NUMBER
1
DESCRIPTION
Mas1and Associates, Final Illness
AMOUNT
52.23
2
Rent-a-Space, Storage Fees
244.86
3
Sprint, Final telephone bill
9.32
TOTAL (Also enter on line 10, Recapitulation) $ 306.41
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev, 1-97)
REV-1513 EX + (9-00)
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert S. Einstein Jr.
SSfj 189-09-5042
03/20/2001
RELATIONSHIP TO DECEDENT
Do Not List Trustee(s)
NUMBER
I.
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [Include outright spousal distributlons, and
transfers under Sec. 9116{a)(1.'Z)]
Peter K. Einstein
1424 Bradley Drive, D3l2
Carlisle, PA 17013
Son
1
2
R. Stuart Einstein III
34 Oak Street
Geneva, NY 14456
Son
FILE NUMBER
21-01-0416
AMOUNT OR SHARE
OF ESTATE
50% of Estate
Residue
50% of Estate
Residue
ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 1a, AS APPROPRIATE, ON REV 1500 COVER SHEET
II. NON- TAXABLE DISTRIBUTIONS,
A, SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B, CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON- TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 2000 form software only The Lackner Group, Inc.
0.00
Form REV-1513 EX (Re'l. 9-00)
WILL
I, ROBERT S, EINSTEIN, JR., of Carlisle, Cumberland County, Pennsylvania, declare this to be
my Will and revoke all prior Wills and Codicils.
FIRST:
Tanaible Personal Prooertv.
I give all tangible personal property owned by me at my death and all insurance
policies on such property in equal shares. Should any child of mine predecease me or not
survive me by thirty 130) days, then I give, devise and bequeath all tangible personal property
to my surviving child.
SECOND:
Residue.
I give the residue of my estate, as follows:
(a) One-half of the residue of my estate to my son, PETER K, EINSTEIN, if
he survives me by thirty 130) days. If he fails to so survive me, to my daughter-in-law, FRAN
E, EINSTEIN. if she survives me by thirty (30) days, or if she fails to so survive me, to my
Trustee in trust for my grandson, ROSS A. EINSTEIN, with said trust to be designated as the
Peter K. Einstein Family Trust, as more particularly set forth in Paragraph SECOND (c) herein.
(b) One-half of the residue of my estate to my son, R. STUART EINSTEIN.
III, if he survives me by thirty (30) days. If he fails to so survive me, to my daughter-in-law,
LETITIA R. EINSTEIN, if she survives me by thirty (30) days, or if she fails to so survive me,
to my Trustee in trust for my grandchildren, KRISTEN EINSTEIN, ANDREW N. EINSTEIN, and
MA TTHEW T. EINSTEIN, with said trust to be designated as the R. Stuart Einstein, III, Family
Trust, as more particularly set forth in Paragraph SECOND (c) herein.
(c) The residue, if any, of my estate given to my Trustee in the Peter K.
Einstein Family Trust and the residue, if any, of my estate given to my Trustee in the R. Stuart
Einstein, III, Family Trust, shall be placed into each such trust and each such trust shall be
further divided into as many equal shares as their are grandchildren of mine then living being
beneficiaries of each such trust and grandchildren of mine then deceased being beneficiaries
of each such trust represented by descendants then living, and for each such trust:
(1) To pay the share of a then-deceased grandchild to his or her
living descendants, per stirpes.
~
~
(Q)
((
PAGE ONE OF TEN PAGES
~
(2) To retain in a further separate trust each share of the then-living
grandchild, and
(a) To pay the net income therefrom at least quarterly to such
grandchild.
(b) To pay to or apply for the benefit of such grandchild and
any of his or her descendants so much of the principal of
such grandchild's separate trust as my Trustee deems
advisable for his or her maintenance, education. support
and welfare. In the exercise of this power for any person.
the funds available to him or her from other sources shall
be considered by my Trustee. Payments so made to or
for the benefit of a grandchild of mine or to or for the
benefit of a descendant of such child, shall be charged
against the share of principal represented by the person
benefitted thereby or his or her ancestor.
(c) To pay the principal thereof to such grandchild upon his or
her written request as follows:
(i) At any time after attaining age twenty-five (25),
up to one-half of the fair market value.
(ij) At any time after attaining age thirty (30), the
remaining principal.
(iii) The fair market value as referred to in Clauses i
and Ii hereof shall be determined. and a grandchild
shall be entitled to withdraw principal. at the
foregoing respective ages, at the determination of
the above-referenced Trust term or upon my death,
whichever last occurs.
lrtt
PAGE TWO OF TEN PAGES
(dl Upon the death of any such grandchild before the entire
principal of his or her trust has been distributed, to pay
the remaining principal to such of my descendants (except
such grandchild) and their spouses (including the spouse
of such grandchild), in such manner and shares, for such
estates, or upon such trusts as such grandchild may
appoint in his or her last Will by specific reference to this
limited power; provided that any interest so appointed to
the spouse of a descendant of mine shall not exceed an
income interest for life, and to pay the principal not
effectively so appointed to the then living descendants of
such grandchild, per stirpes; and in default of such
descendants, to my then living descendants, per stirpes.
Any additional share of a grandchild of mine for whom a
trust is then in existence under this subparagraph shall be
added to such trust, to be held under the terms thereof as
applied to circumstances then existing.
(dl Except as provided in Paragraph FIFTH (I). all income accrued or
undistributed at the death of an income beneficiary shall be paid to the succeeding income or
principal beneficiaries.
THIRD:
Soendthrift Provision.
Until distributed, no gift or beneficial interest shall be subject to anticipation or
to voluntary or involuntary alienation.
FOURTH:
Death Taxes.
(al All death taxes land interest and penalties thereon) imposed as a result
of my death upon property passing under my Will and upon proceeds of insurance on my life,
but not otherwise, shall be paid out of the principal of my residuary estate, each share thereof,
whether outright or in trust, to bear a pro rata portion of such taxes.
(b) I authorize my Executor, in my Executor's sole discretion. to make an
election. in whole or in part, to cause a Pennsylvania Inheritance Tax to be payable by my
estate on property passing to or for the benefit of my spouse or to defer the Pennsylvania
Inheritance Tax on such property. My Executor shall be without liability to anyone for making
or failing to make such election. ). ~ [.
of
PAGE THREE OF TEN PAGES
ElElli :
Administrative Powers.
My Executor and Trustee shall have the following powers in addition to those
conferred by law until all property is distributed:
la) To retain any real or personal property (including stock of the corporate
Trustee, if any, or of a company controlling it) in the form in which it is received.
Ib) To sell at public or private sale for cash and/or credit, to exchange, and
to lease for any period of time, any real or personal property and to give options for such sales,
exchanges, or leases.
Icl To purchase all forms of property, including but not limited to stocks,
bonds, notes and other securities (including stock of the corporate Trustee, if any, or of a
company controlling it), common trust funds and real estate, or any variety of real or personal
property, without being confined to so-called legal investments and without regard for the
principle of diversification,
(d) To purchase securities at a premium or discount and to charge such
premium or credit such discount to principal or income.
(e) To exercise any option arising from the ownership of any investment: to
join in any recapitalization, merger, reorganization, liquidation, dissolution, consolid~tion or
voting trust plan affecting any investment; to delegate powers with respect thereto; to deposit
securities under agreements and pay assessments; to subscribe for stock and bond privileges;
and generally to exercise all rights of security holders.
(f) To hold property unregistered or in the name of a nominee.
(g) To mortgage, divide. alter. repair and improve real property and generally
to exercise all rights of real estate ownership.
(h) To distribute in cash, in kind, or partly in each. and to use any share to
be composed of cash, property, or undivided fractional shares in property different in kind from
any other share.
~
PAGE FOUR OF TEN PAGES
Ii) To compromise cleims by or against my estate or any trust hereunder,
Including but not limited to tax issues and disputes, without order of court or consent of any
party in interest and without regard for the effect of such compromise on any interest
hereunder.
(jl To borrow money and to pledge any real or personal property as security
for the repayment thereof.
(k) To buy real and personal property from my Executor, and to lend money
to my estate upon such terms and conditions as my Trustee deems advisable, even if an
Executor is also a Trustee.
(I) To apply income for the benefit of any incapacitated individual to whom
income mayor must be distributed for any reason during the period of incapacity. Income not
so applied shall be accumulated, invested, and if not sooner applied, paid to such individual
upon gaining capacity or to his or her personal representative if he or she dies before gaining
capacity .
(m) With respect to a principal share vesting in a beneficiary who, in the
opinion of my Executor or Trustee, is incapacitated by reason of age (other than minority) or
illness (mental or physical) when such share vests in him or her: to hold the share during his
or her incapacity and to invest the share and all accumulations thereon; to apply so much of
the income and principal as my Executor or Trustee deems advisable for such beneficiary's
benefit for any reason without considering other funds available to him or her; and to deliver
the balance of principal and income to the beneficiary at such time as he or she gains capacity.
In addition, at any time to pay the entire share to the guardian of the estate of the
incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other
person as may be selected by my Executor or Trustee to receive a distribution under this
subparagraph shall be a full and complete discharge to my Executor or Trustee.
(nl To join with my spouse or my spouse's personal representative in filing
any joint income tax return, and to join in any gifts made by my spouse for gift tax purposes
even if this may result in additional liabilities for my estate. Any income or gift taxes due on
such returns and any deficiencies, interest, penalties or refunds thereon shall be allocated
between my estate and my spouse or my spouse's estate, or all to any of them, in such
manner as my Executor and my spouse or my spouse's personal representative may agree.
~
PAGE FIVE OF TEN PAGES
(0) To apply expenses of my estate permitted as income tax or estate tax
deductions and to value my estate for estate tax purposes by any method permitted, without
adjusting between income and principal for any effect thereon.
(p) Whenever Trustee determines that the size of any trust does not warrant
the cost of continuing it, or that its administration would be impractical for any other reason,
to pay the principal without further responsibility to the income beneficiary, subject to the
provisions of subparagraph im) or Paregraph NINTH; provided, however, that no Trustee shall
participate in any decision to terminate any trust of which he or she is a current income
beneficiary hereunder.
(q) To pool the assets of all separate trusts under Paragraph SECOND tor
investment purposes, allocating to each such trust an undividad proportionate interest in the
pooled assets.
(r) To merge any trust hereunder with any other trust held by Trustee
whether created by me or by any other person by Will or Deed, if the trusts are for the primary
benefit of the same persons and contain substantially similar terms.
Is) To employ accountants, agents, investment counsel, brokers, bank or
trust company to perform services for and at the expense of my estate or any trust or trusts
hereunder for which such services are performed and to carry or register investments in the
name of the nominee of such agent, broker, bank or trust company. The expenses and
charges tor such services shall be charged against principal or income or partly against each
as my Executor and Trustee may determine. My Executor and Trustee are expressly relieved
of any liability or responsibility whatsoever for any act or failure to act by, or for following the
advice of, such accountents, agents, investment counsel, brokers, bank or trust company, so
long as my Executor and Trustee exercise due care in their selection. The fact that an
Executor or Trustee may be a member, shareholder or employee of any accounting, investment
or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict
of interest. Any compensation paid pursuant to this subparagraph shall not affect in any
manner the amount of or the right of my Executor or Trustee to receive commissions as a
fiduciary.
SIXTH:
Administrative Provisions.
(a) A beneficiary's incapacity shall be determined solely by my Trustee. The
incapacity of a beneficiary who is also a Trustee shall be determined solely by my other
PAGE SIX OF TEN PAGES
J< )~t
Trustee. No Trustee who is also a beneficiary hereunder, if incapacitated in the opinion of my
other Trustee, shall participate in any decision to apply income for his or her benefit.
{b} No Trustee hereunder shall participate in any decision to pay income or
principal to or for the benefit of himself or herself or any individual whom he or she is legally
obligated to support.
(c) The receipt of any recipient of an item to hold for, or any payee of a
payment for the benefit of, an incapacitated beneficiary shall be a complete discharge to my
Executor and Trustee.
SEVENTH:
Power of Aooointment.
I decline to exercise any power of appointment given to me under any Will.
Codicil or Deed of Trust.
EIGHTH:
Definitions.
(a) The words "Executor," "Trustee," "Guardian" and "Custodian" when
used in this Will shall include all genders and the singular and plural as the context may
require.
(b) The word "descendants" when used in this Will shall include persons and
their descendants.
(c) The words "incapacitated" and "incapacity" when used in this Will shall
refer to an inability to use funds by reason of age or illness (mental or physical).
(d) When a "per stirpes" distribution of income or principal to a designated
individual's descendants is provided for under this Will, such income or principal shall be
divided into as many equal shares as there are then living children of such individual and then
deceased children represented by descendants then living, and each then living child shall
receive one share, and the share of each deceased child shall be divided among his or her
descendants in the same manner, repeating this pattern with respect to succeeding
generations until all shares are determined.
(e) Paragraph headings in this Will are for reference only and shall not affect
the meaning, construction or effect of this Will.
1H4'
PAGE SEVEN OF TEN PAGES
NINTH:
Custodian.
(a) I appoint such individual or corporation (including a fiduciary serving
hereunderl as is designated in writing by my Executor as Custodian for (iI any beneficiary who
has not attained age twenty-one (21) at the time an interest is distributable outright to him or
her under this Will. and (iil except to the extent a valid appointment of a Custodian has
otherwise been made, any person who has not attained age twenty-one (21) at the time an
interest is distributable outright to him or her as the result of my death from any other source.
Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or
Uniform Transfers to Minors Act then in effect in:
1. The jurisdiction in which I am domiciled at death, or
2. The jurisdiction in which the beneficiary is domiciled, or
3. The jurisdiction of an existing Uniform Act custodianship for the
minor.
The selection among the foregoing shall be made by my Executor, in my Executor's absolute
discretion.
(b) If the applicable Uniform Act in the governing jurisdiction permits the
postponement of distribution to an age beyond age twenty-one (21) if so directed in the
governing instrument, I hereby direct that distribution shall be postponed until the maximum
age permissible under the Uniform Act.
Ic) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for
any Custodianship property, and no successor has been otherwise appointed, I hereby appoint
my Executor (or if my Executor declines to serve, such individual or corporation as may be
designated in writing by my Executor) to serve as Custodian under the Uniform Transfers (or
Gifts) to Minors Act for any Custodianship property of which I am the Custodian. Upon
written acceptance of the successor Custodianship, my Executor (or such designee) shall be
authorized to take custody of any such property.
TENTH:
Executor and Trustee.
I appoint my sons, PETER K. EINSTEIN and R. STUART EINSTEIN, III, co-Executors.
I appoint FINANCIAL TRUST SERVICES COMPANY, or the successor to its trust services,
PAGE EIGHT OF TEN PAGES
""R5 ~'
Trustee under Paragraph SECOND. My Executors and Trustee shall not post security in any
jurisdiction. My corporate Executor and Trustee shall receive compensation for its services
hereunder in accordance with its Schedule of Fees in effect from time to time during the period
over which its services are performed.
Executed this ~ day of t<I,~~JltIk.-~1l
,1998.
~ .. ......... -
~ s. t. ,I..
ROBERT S. EINSTEIN, JR.
.
~
(SEAl)
The preceding instrument, consisting of this and nine (9) other typewritten pages, each
identified by the signature of the Testator was on the day and date thereof signed, published
and declared by the Testator therein named as and for his last will, in the presence of us, who
t his request, in his presence and in the presence of each other have subscribed our names.
(~, ,.--, /'J -r/
I,-,./~~ ==-;. ~
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
We, C.~"'i~-btnU.. (, Hc,~~ h:,..... and C" '" " ,e 0. Tr: -ct, witnesses
whose names~~e signed to the attached or foregoing instrument being duly qualified according
to law. do depose and say that we were present and saw the Testator sign and execute the
instrument as his last will; that he signed willingly and executed it as his iree and voluntary
act ior the purposes therein expressed; that each oi 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 the
time 18 or more years of age, of sound mind a nd r n constraint or undue influence.
~9-;7~
PAGE NINE OF TEN PAGES
Sworn and subscribed to
before me this C. day
of tviv'Prnhl.~ ,1998.
N_,_
lI.-,. ''''' .....,_
c:.t"'_C_~.PA
1ft e~RIl<<' ..ton ~ ...... '.. ...
~~. J..~ -:J'. .JJ~'f'r~
Notary Public
COMMONWEALTH OF PENNSYLVANIA:
: ss
COUNTY OF CUMBERLAND
I. ROBERT S. EINSTEIN, JR., whose name is signed to the attached instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my last will; that I signed it as my free and voluntary act for the purposes
therein expressed.
~J. 4,.-a~ ~
Robert S. Einstein, Jr.
Sworn and subscribed to and acknowledged before me this !i!!: day of d ~~b....(,r;
1998.
~Q'~ _4 ~
Notary Public
-.-
KII"','''''~_
c.rtl........c_-.".
II, _10_ EllpIroo _11,_
PAGE TEN OF TEN PAGES
Date
i OCcupancy Surrender
12112198 01104/99
01105199 03/31/99
CHAPEL POINTE AT CARLISLE
Apartment Entrance Fee Refunds, 2001
Months . Original Lei.
Occupied (11' Ent.Fee . Discount
1 67.000.00
3 52.00000_______
Net
Ent:'Fee
67.000.00
52.000.00
(1 )-Sased on oCCup",,9' date Any "umber Of days beyon~ the monthly anniversary oi th~
aceu an dale is considered a full month for calculation of amortization.
3/21/01 9:20 AM
Monthly Calculated Refundable
Amorizatlon ~AmortizlltJori-- Saiance
, .116.67 1.116.67
86667 2.600.00 63.283.33
Less Net Date Refundable
'RepairS 'Refiinlfebi.Retunded ,- Balance-
0.00 I 000 : I 0.00
000 63.28333 63.283.33
entrance fee amortization-2001 Refunds
---
~ Mellon Bank
Thursday, May 17, 2001
Account
Number Account Title
419-171
Robert S Einstein Jr.
Date Opened: 06/08/1977
Principal Bal Intfrom Last
as of ODD Posting to ODD
$5,148.21 $0.00
Date Opened: 11/07/1998
Account Type: 00
Account Bal YTD Int to
as of ODD ODD
$5,148.21 $0.00
Account Type: SO
182-108-8299
Robert S Einstein Jr.
Principal Balint from Last Account Bal
as of ODD Posting to ODD as of ODD
YTD Intto
ODD
Page 2 of 2
Metnbers~'
PEDERAL CREDIT UNION
INSURANCE DEPARTMENT
5000 LOUISE DRIVE
P. O. BOX 40
MECHANICSBURG. PA 17055
1-8oo-283-2328or(717)697-1161
REGULAR SAVINGS ACCOUNT:
Account Number/ Suffix
Date Account Opened
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
166791 -00
03/21/1997
$43.99
$.00
$43.99
None
INVESTMENT SAVINGS ACCOUNT:
Account Number/Suffix
Date Account Opened
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
166791 -05
09/2 I /I 999
$26,970.20
$51.95
$27,022.15
None
CERTIFICATE OF DEPOSIT:
Account Number
Date Certificate Purchased
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
166791 -40 18 MO
03/09/1 999
$11,111.06
$38.75
$11,149.81
None
EDIT UNION
May 10, 200 I
Estate of: ROBERT S, EINSTEIN, JR.
Date of Death: March 20, 2001
Social Security Number: 189-09-5042
SINCE 1853
PHONE (717) 243.2421
CARLISLE, P"'17013 June 15. 200~
M Estate of Robert S. Einstein, Jr.
EWING BROTHERS ;;'~Jknv
630 SOUTH HANOVER STRE'ET
MEMSERS OF N...TIONAL FUNERAL DIRECTORS ASSOCIATION
STeVEN .... .wiNG
Ucensecl Funlllral DII..atcr
WILLIAM M. EWING
L1ceneed Funeral Dlrwctor
SEYMOUR.... EWING
L1cannd Funeral DIrector
March 20 ,2001
Professional Services,etc. for Rebert S. Einstein, Jr.
Trasportation.
Refrigeration.
Rev. Mark A. Scheneman.
Organist.
Episcopal Church Women.
Sexton.
Nine Death Certificates.
~ 895.00
175.00
150.00
150.00
125.00
100.00
25.00
18.00
Total
March JO,2001.received from Humanity Gifts Registry $
April 19,2001,reoeived tro, Cumberland County. Vet.
$1638.00
50.00
100.00
Total
$ 150.00
Ealnce Due.
$ 14-88.uo
LEGAL RATIE OF INTEREST AFTER THIRTY, DAYS
STEPHEN L. BLOOM
A TTORNEY AND COUNSELLOR AT LA W
2100 Longs Gal' Road
C.di.le,PA 17013
Federal ElN 25-1851818
Invoice submitted to:
Einstein, Rnbert S, Jr. Estate
cia 1424 Bradley Drive
D312
Cartisle, PA 17013
Peter K Einstein, Executor
June 13, 2001
In Reference To: Estate Administration
Invoice #624
Professional Services
Hrs/Rate Amount
4/3/01 SLB Preliminary preparations for probate 017 29.17
175.00/hr
4/4/01 PL Preliminary preparations for administration 0.25 23.75
95.00/hr
4/5101 PL Obtain and assemble Information; Prepare Deoedentlnformatlon 125 116.75
Sheet; Prepare Petition for Grant of Lsttelll Testamentary; Plllpsne IRS 95.00/hr
Form SS-4 and correspondence to IRS re same
4/11101 SLB Conference will1 cllen~ Review Will and estate documen13; Preliminary 1.33 233,33
AdministratIVe Matters 17500/hr
PL Administrative Matters; Office conference w~h client and Mr. Bloom; 150 142.50
Additional Preparations for Probate 95 OOlhr
4/12101 SLB Administrative Matters and Correspondence 0.17 29.17
17500lhr
PL Telephone conferences with client and Register of Wills; Draft 383 364.17
Renunoiatlon and provide to client; Correspondence and adminisll>ltive 95.00/hr
matters
4/19101 PL Review executed and acknowledged Renunciation; Revise Petition for 058 55.42
Probate 9500/hr
4/23/01 SLB Preperation of Petition for Probete end Grant of Letters, Decree of 0.12 21.29
Probate and Grant of lettera; Review related dooumentation 175.001hr
PRAC1'ICAL COUNSEL. CHRISTIAN PJ;RSPECTIVE
Einstein, Robert S" Jr. Estate Page 2
HrslRate Amount
4/23/01 PL Finalize Petition for Proballl and Gl'llnt of Leite",; Telephone 0.33 31.67
conference with Executor 95.001hr
4/26/01 SLB T elephona conference WIth Deputy Register of Wills 0.08 14.58
175.001hr
4125101 PL Appearance at Regiater of Wills Office to Present Petlllon fOr Probate, 0.33 31.67
Conference with Executor 95.001hr
4/26101 PL Correspondence with IRS re Form SS-4; Unclaimed property search 0.75 71,25
with Treasury Department; Correspondence with Department of Public 95 OO/l1r
Welfare re Estate Recovery
41'1-7101 PL Preparation of Public Notices for publication; Preparation of required 1.08 102.92
Notices to Beneficiaries 9500/hr
4130/01 PL Review correspondence from IRS re assignment of FEIN 008 7.92
95.00/hr
5/4/01 PL Correspondence with Mellon Bank and Members 1st; COlTGspondenca 175 166.25
WIth Executor; Contact Pennsylvania Department of Revenue 95.00/hr
nsquesting authorization for inventory of Safe Deposit Box
5/7/01 PL Telephone conference WIth Ms. Dolan at SERS; Telephone conference 0.25 23.75
(follow-up) with Pennsylvania Department of Revenue re Safe Deposit 95.00/hr
Box inventory; Prepare required Certification of Notice to Beneficiaries
5/9/01 SLB Certification of Notice under Rule 5.6(a); Review Estale Recovery 0.10 17.50
Notice from Department of Public We~are 175 OOlhr
PL File Certification of Notice at Register of Wills Office 0.17 15.83
95 OO/l1r
5/14101 PL Review correspondence received from DPW; Review correspondence 0.08 7.92
received from Department of Revenue; Complete required safe deposit 95 OO/hr
box Inventory form
5/15/01 PL Review correspondence received from Members 1 at re account 0.50 4750
information; Telephone conference with Executor re status of SERS 95.00/hr
ciaim and safe deposft box Inventory; Correapondanoe with Executor;
Applications for cartlfled copy of Birth Certlflcata
5118101 PL Administrative Melters 0.17 15.83
95 aOlhr
5/21/01 PL Review bank account Information from Mellon Bank; Preparation of 050 47.50
Pannsylvania Inheritance Tax Return and Aocountlng matters 95.00/hr
5/22101 PL Telephone conference with MaHon Bank re eoeount Information 0.17 15.83
95.001hr
PRACT!CAL COt:'NSBL ... CHRISTIAN PERSPDCT1VE
Einstein, Robert S., Jr. Estate
5/23/01 PL
Telephone conference w~h client re closing bank accounlll and need
for additional Short Certlncate; Administrative matters
Telephone conference with Executor re beneficiary proceeds from
Jefferson-Piiot; Telephone conference with Mellon Bank re required
bOx inventory; Telephone conference wilh Membe", 1st re FEIN
Attend required Inventory of slife deposit box at Mellon Bank; Revise
Inventory forms and documentation; Telephone conference with Bank
Officer at Mellon Bank
SLB Conduct Safe Deposit Box Inventory; Conference with BanI< Officer and
execution of documentation fa sarna
5/24/01 PL
5/29/0 1 PL
5/30101 PL Obtain additional signatures from Bank OfIJcer (Mr. May);
Correspondence to Department of Revenue re Safe Dapos~ Box
Inventory required forms and Information
6/1/01 PL Telephone conference wtth Executor re estate checking account and
vsrious reimbunlement81refunds
612/01 PL Preparation of Inventory and App/llisement; Preparation of Inheritance
Tax Return and Schedules
SLB Review Proofs of Publication (Cumberland Law Journal and newspa~r
of general circulation)
6/13/01 SLB Administretive Matters: Inhertlllnce Tex Metiers; Resarve for finel
malters of administration (3.00 hrs.) including; conferences with client;
accounting and administrative matters; finalization and filing of
Inheritance/Fiduciary tax retums; correspondence with Department of
Revenue and Register of Wills; required status reports; and Release,
Receipt and Rafunding Agreement
PL Finalize Inventory and Appraisement for execution and filing w~h
Register of Wills; Preparation of Inheritance Tax Return and
Schedules; Telephone conferenoe with Executor; Reserve for final
matters of administration (6,00 hrs.) including; Finalization of
Inheritance Tax Retums and Schedules, and filing of same at Register
of Wills; conferences with client; correspondence; Preparation and
flllng of required Status Report at Register of Wills; Fiduciary tax
mailers; Accounting; Release, Receipt and Refunding Agreement;
Preparation/Review of miscellaneous documents and Information
For professional services rendered
Additional Charges:
4/25/01 Probate Fee - Cumberland County Register of Wills
4126/01 Additional Probate FSlI (RenunciatiOn) - Cumbertand County Register of Wills
PRAcnCAL COUNSEL. CHRIS'TlAN l'ERSP.I;CTIVE
Hrs/Rate
0.33
9SOO/hr
033
go.aO/hr
a 83
95.00/hr
050
175.0a/hr
0.33
95 OOlhr
025
95.00/hr
1.67
9500/hr
0.08
175.00/hr
3.50
17S00/hr
9.00
95.00/hr
32.36
Page
3
Amount
31.67
31.67
79.17
87.50
31.67
23.75
156.33
14.58
612.50
655.00
$3,561.31
247.00
5.00
Einstein, Robert $., Jr. Estate
4127101 Publishing Fee - Legal Notice - Cumberland Law Journal
5118101 Publishing Fee - Legal Notice - The Sentinel
Total cosls
Total amount of this bill
Balance due
PAYABLE UPON RE:CEIPT - THANK YOU
Pl<ACTICAL COUNSEL. CHRISTIAN PBRSPF.<::l'!Vb
Page 4
Amount
75.00
7763
$404.63
$3,965.94
$3,965.94