HomeMy WebLinkAbout03-03-06
PETITION FOR PROBATE & GRANT OF LETTERS
, deceased.
No. 21-06- 0 lCfS
To: Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Estate of EDNA E. STARNER
also known as
Social Security No.
168-36-7127
The Petition of the undersigned respectfully represents that:
Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the
above decedent dated February 10. 2003 , and codicils dated none . The
Executor named none died . Renunciations for none attached hereto.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal
residence at 75 Frost Road. Gardners. Cumberland County. Pennsylvania
Decedent, then ~ years of age, died
Gardners. Cumberland County. Pennsylvania.
February 15
I 2006, at
75 Frost Road.
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: N/ A
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PAl Personal property in PA
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania, situated as follows:
$700.000.00
$
$
$
OAT OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF CUMBERLAND
The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of Petitioner ) a~d that s rsonal representative of
the above decedent, petitioner(s) will well and truly administer the ate accord' t la~
Sworn to or affirm~d and subscribed - 0 ~-
before me this 3nJ.. day of cus A. McKnig , III
March, 2006.
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Thi" is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P
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12269778
No.
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Local Registrar
FES 1 6 2006
Date
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H105,143 Rev, 01106
TYPElPRINT IN
PERMANENT
BLACK INK
1, Name 01 Decedenl (Firsl. mOldle. Ias!)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
3, Social Security Nuniler 4, Dale ot Death (Month. day, year)
Edna
5, Aoe (Last birthday)
82
Stamer
E.
6, Birth lace C and slale or lor
Vrs,
Bb, Counly 01 Death
~ I. Cumberland South Middleton
1" Decodenl's Usual Occ tion Kind of work done durin most of workin file' do nol slate retired
Kind 01 Work Kind 01 Businessllnduslry
Hane:aaker Her own hare
_ 16, Decedent's Mauing Address (Street, cityllown. slale, zip code)
75 Frost Road
Gardners, PA 17324
18. Father's Name (Firsl. middle, Iasl)
168 - 36
February 15, 2006
Other:
tient 0 DOA 0 Nursin Home H Residence 0 OIher.
9. rs~ec~en~~~ ~1~::S~~O:C~6uban, 10. (~~ flrneran Indian. Black. Whrte. ele.
Mexican. Puerlo Rican, elc.) White
14. Marital Status: Married. Never married,
Widowed, DiYoo:ed (Specify)
Marr~ed
15, Survivi.ng Spouse (If wife. give maiden neme)
17a, State
13. Decedenl's Educalion S eci on h' est rade co 1eted
E1emenlarylSecondary (0-12) College (1--4 or 5+)
12
PA
Twp.
17b. Counly
Cumberland
19. Molher's Name (First, middle, maiden sumal1l8)
Merrill F. Humnel
Lester F. Stamer
~e~~edenl 17c.XJ Yes, Decedent lived in SOllTh Mi c1c11 p.t:on
Townshjl?
17d. [J No. Decedent lived within
Acluallimils 01
CilylBoro
Lester F. Starner
Sarah Hosler
2Gb. Informant's Mailing Address (Street. cityAown, slate, zip code)
208. In forme nt's Name (Typelprint)
o Removallrom Stale
o Donalion
75 Frost Road, Gardners, PA 17324
Carlisle, PA 17013
a
w
(/)
=>
(/)
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FD 012633 L
Ashland Canetery
22c. Name and Address of FacHity
ing Brothers Funeral Hane, Inc., Carlisle, PA 17013
23b. license Nurrbef 23c, Dale Signed (Month. day, year)
21d. location (City^own, state. zip code)
22b. license Nuniler
21c. Place of Dispos~ion (Name of cemetery. crematory or other place)
Co~lete Items 23a-c only when certifying
physician is not available altime of death 10
certify cause of death.
. Items 24-26 must be co~leled by person
wlro proncunces death,
ge. death occmed at the time, dale and place staled. (Si!Jnalure and mle)
24. Time 01 Death
~
"
~
~
~\
~
~
Aprx. 9: 30 A M. Februa
CAUSE OF DEATH (See InstnJctlons and examples)
Item V. Pari I: Enter the ~ - diseases, injuries, or co~lications -that directly caused the death. DO NOT enter lerminal events such as cardiac arrest,
respiralory arrest. or venl1i:ular tibrillalion without showing the eliology. DO NOT abbreviate. Enler only one cause on a line.
IMMEDIATE CAUSE (FlIlal disease or
conattion resulting in dealh) -?o- a.
Due to (or as a consequence o~:
15, 2006
t'\ Yo CiA~D tA L.
INfA(t(;,WN
Sequentially list conditions. ~ any,
leading to the cause listed on line a.
- Enter Ihe UNOERL YING CAUSE
_ (disease or injury lhal initiated the
everlls resu.ing in dealh)LAST .
b,
Due to (or as a consequence o~'
Due to (or as a consequence o~:
d.
3Gb. Were Autopsy Findings
Available Prior 10 Con1Jlelion
or Cause of Death?
[J Yes 0\ No
31. Manner of Dealh
''Ii!! Naturat 0 Homicide
o Accident 0 Pending Invesligalion
[J Suicide 0 Could Nol Be Del ermined
3Oa, Was an Autopsy
Perlormed?
32a. Date of Injury (Month, day, year)
[J Yes Jll No
32d. TIlTlll of Injury
32e. Injury at Work?
o Ves 0 No
M.
33a, Certifier (check only one)
, Certlfyln9 physician (Physician certifying cause 01 death when another physician has pronounced death and co~leted Item 23)
To the best of my knowledge, death occul'l'lld due to lhe caU$e(s) and manner as staled ..................._.._.._.....................,.._......................................................................""
Pronouncing and certifyIng physl!;lan (Physician bOlh pronouncing death and certitying 10 cause of dealh)
To lite best of my knowledge, death occurred at the 11_. dale. and place, and due to the cause(s) and manner as stated.......................n..............................................O
, Medical examlnerJc:oroner
On lite llasts of examlnatton and/or Investigation. In my opInion, death occurred althe time, date, and place, and due 10 the cause(s) and manner as staled ..._._0
35. .. \r'll's Sig~I~~.
~ I~!lld.! \ I'C)!
(See instructions and examples on ~everse)
t-
Z
W
o
w
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a
LL
o
ill
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26. Was Case Referred 10 a Medical Exan1nerlCoroner?
Approximate interval:
onset 10 death
o Ves ~"No
Part II: Enter other sionificanl conditions contributina 10 death.
but not resufting in the underlying cause given in Part I.
28. Did Tobacco Use Conlrtlute to Death?
o Yes 0 Probably
o No e. Unknown
29. If Female:
III Not pregnant within past year
o Pregnant al time of death
o Not pregnant. but pregnant within 42 days
of death
o Not pregnant, but pregnant 43 days 10 1 year
before death
o Unknown ff pregnanl within Ihe pasl year
32c. Place of Injury: Home, Farm. Street, Faclory. Olfice
Building, etc. (Specify)
'D;. A.& iffif';
H 1 p~ r.. T~N $ . eN
131Za-!>ls-r CANor"
32b. Describe how Injury Occurred:
321. If Transportation Injury (5,oecif)<)
o DriverlOperator 0 Passenger
o Pedestrian 0 OIher - Specify:
33b. Signature and nle of Cartifier
)vJ~ R ~/J{L)
33c. license Nuniler
32g. localion (Street. cityllown, statel
33d. Date Signed (Month. deY. year)
I~ _ zooG
t10~/11'700 j::"~B'~iAJIISZ'1'
34, Name and Address of Person Who CoIr9leted Cause 01 Death (Item 27) Tl'IlelPrint
W Ic.(..,.l\m I!... V~!'lAH ) {YI . L\
2Z0 WH..~CN ~12i16'r
-Mll..I5.(..~ PA 17e)(::,
LAST WILL AND TESTAMENT
I, EDNA E. STARNER, of 75 Frost Road, Gardners, South Middleton Township,
Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age,
do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby
expressly revoking all Wills and Codicils heretofore made by me.
ONE: I direct my Executor, as the case may be, to pay all of my debts, funeral and
administrative expenses as soon as may be done conveniently after my decease. Furthermore, I
direct that all state, inheritance, succession and other death taxes imposed or payable by reason of
my death and all interest and penalties thereon with respect to all property composing of my
gross estate for death tax purposes, whether or not such property passes under this Will, shall be
paid by the Executor of my estate.
TWO: My Executor, as the case may be, may, at his or its discretion, compromise
claims, borrow money, retain property for such length of time as he or she may deem proper;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to legal investments
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell
any realty and/or personalty owned by me at my death and not specifically devised or bequeathed
herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale
therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and
empowered to engage in any business in which I may be engaged at my death, for such period of
time after my death as seems expedient to said Executor or Executrix.
THREE. I hereby give, devise and bequeath all of my estate of every nature and
wherever situate to be distributed IN TRUST, for my spouse, LESTER F. STARNER,
subject to the following provisions:
A. The estate shall be divided by the Trustee into two separate trusts, hereinafter
referred to as Trust A (the Marital Trust), and Trust B (the Family Trust).
B. Trust A, the Marital Trust, shall consist of all of my assets other than those
allocated to Trust B, the Family Trust.
c. Trust B, the Family Trust, shall consist of assets equal in value to the
maximum amount, if any, that are necessary to permit my estate to use in full any federal estate
tax unified credit which has not been claimed for distribution during my lifetime after
considering any adjusted taxable gifts and bequests by Will which do not qualify for the marital
deduction and all charges to principal of the estate which are not deducted in computation of the
federal estate tax of my estate; provided, however, that the allocation of the Family Trust shall
be satisfied with assets as of the date of allocation or distribution; and provided further that any
assets which do not qualify for the federal estate marital deduction shall be used first to satisfy
the allocation to this Family Trust.
D. From the Marital Trust, the Trustee shall pay all of the net income to my
spouse, LESTER F. STARNER, in monthly payments. My spouse also has the right to
receive from the Trustee all or a portion of the principal from the Marital Trust and to change the
beneficiaries of this Marital Trust in my spouse's discretion. At the death of my spouse, the
2
Trustee shall distribute the remaining principal and accumulated income of the Marital Trust in
equal shares, per stirpes, to ROSS E. STARNER and DORALE J. RICHARDS, if living.
If one of the above dies with living issue, the share of said deceased individual shall be
distributed in equal shares to the living issue of the individual named above who has predeceased
me.
E. From the Family Trust, the Trustee shall pay all of the net income to my
spouse, LESTER F. STARNER, in monthly payments. The Trustee may distribute to my
spouse such amounts from the principal of the Family Trust as provided hereunder, up to the
whole thereof, as the Trustee, in his or her discretion, shall deem necessary or advisable to
provide for the care, maintenance and support of my spouse, so as to support my spouse in my
spouse's accustomed manner of living, provided, however, the Trustee shall consider any other
sources of income available to my spouse when making payment hereunder. The Trustee shall,
when requested by my spouse, pay five (5%) percent of the principal or $5,000.00, whichever
amount is greater, annually to my spouse during my spouse's lifetime, but in no way shall the
Trustee distribute more of the principal of this Family Trust to my spouse than in the above
amounts. This limited right to make withdrawals from the principal of the trust estate is
noncumulative, so that an amount which might have been withdrawn during a particular year
may not be withdrawn in any subsequent year. Upon the death of my spouse, the remaining
accumulated income and principal of the Family Trust shall be distributed in equal shares to
ROSS E. STARNER and DORALE J. RICHARDS, per stirpes. If one of the above dies
with living issue, the share of said deceased individual shall be distributed in equal shares to the
living issue of the individual named above who has predeceased me.
3
Upon the creation of this Trust, the Trustee shall divide this trust principal into individual
shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or
beneficiary inherited hereunder. The Trustee, as well as my representative, is hereby authorized
to retain, unconverted, any property, real or personal, that I may own at my death and shall be
under no duty to convert it into legal investments. The Trustee shall have the power and
authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust
property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of
the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and
benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in
the Trustee's sole discretion seems proper for their support, maintenance, education, or medical
care. My primary object is to insure the support, maintenance, education and medical care of my
heirs and beneficiaries. However, notwithstanding the above, the Trustee shall have the sole
discretion throughout the duration of this trust in which to distribute any of the trust principal or
income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee
deems reasonable under the circumstances such as but not limited to the purchase of real
property, tuition for further education or any other purpose which would in the Trustee's sole
discretion advance the best interest of said heir or beneficiary.
G. In the event that my spouse predeceases me, dies simultaneously or I choose
for whatever reason during my lifetime to withdraw all of the assets from the Marital Trust set
forth in my spouse's Last Will and Testament or if I have accumulated any other assets which are
not being held in trust hereunder or under any written trust document executed by me during my
4
lifetime, then in that event, I hereby give, devise and bequeath all the rest, remainder and residue
of my estate under this Paragraph Three to be distributed in equal shares to ROSS E.
STARNER and DORALE J. RICHARDS. If one of the above dies without living issue, the
share of said deceased child shall be distributed in equal shares to the issue living at that time of
my decease.
FOUR. I make the following provisions pertaining to generation-skipping transfers:
A. My Executor or Executrix, as the case may be, may allocate any part of my
generation-skipping tax exemption which I have not irrevocably utilized during my lifetime in
such manner as my Executor or Executrix shall determine.
B. For purposes of fully utilizing my generation-skipping tax exemption if my
spouse survives me, my Executor may make the election provided for in Section 2652(a)(3) of
the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") to the extent my
Executor or Executrix has elected to treat all or part of the property passing under this will or
under any deed of trust of which I am the settlor as "qualified terminable interest property" under
Section 2056(b )(7) of the Internal Revenue Code.
C. My Executor may elect not to have the deemed allocation provisions of
Section 2632(b) of the Internal Revenue Code apply to transfers made by me during my lifetime.
D. To the extent that the allocation of any generation-skipping tax exemption
would not result in a particular trust being completely exempt from the generation-skipping tax,
the Trustee shall separate such trust into two trusts, one of which is exempt from and one of
5
which is fully subject tot the generation-skipping tax. In the case of a trust which has not
received assets at the time the exemption is allocated, the separation shall occur prior to any
funding of the trust. A trust which is completely exempt from the generation-skipping tax shall
be referred to as an "exempt trust" and a trust which is subject in any part to the generation-
skipping tax shall be referred to as a "non-exempt trust" .
E. If the Trustee separates a trust into an exempt trust and a non-exempt trust
under the immediately preceding paragraph:
(1) Any person who has a power of appointment with respect to that trust
may exercise such power differently as between the exempt trust and the non-exempt trust.
(2) The percentage or fraction of principal that a beneficiary may
withdraw shall be calculated with respect to the total principal held in both the exempt and non-
exempt trusts. However, so long as there is any principal held in the non-exempt trust, to the
maximum extent possible any withdrawal shall be paid from the non-exempt trust.
(3) If the Trustee has the discretionary power to distribute income of a
trust among "skip persons" and "non-skip persons" as defined in Section 2613(b) of the Internal
Revenue Code, the Trustee may exercise such power differently as between the exempt trust and
the non-exempt trust.
F. In making any distributions hereunder for the vanous beneficiaries my
fiduciaries may allocate among such distributions assets which are exempt from generation-
skipping tax equally or pro rata or on such other basis as they shall in their sole and absolute
discretion determine, taking into account possible needs of beneficiaries for distributions of
principal, possible appreciation in the value of trust assets during the lifetimes of the
beneficiaries or such other factors as the fiduciaries consider significant.
6
G. The Trustee may combine into a single trust two exempt trusts for the benefit
of the same beneficiary; similarly, the Trustee may combine non-exempt trusts for the same
beneficiary.
H. No power to expend principal of an exempt trust for a beneficiary who is a
"non-skip person" as defined in Section 2613(b) of the Internal Revenue Code may be exercised
by the Trustee so long as there is any principal held in a non-exempt trust and in which the
trustee has a similar power to expend principal for such beneficiary.
I. In addition to all other powers set forth in my Will, if at the death of a
beneficiary other than my spouse, including a person who becomes a beneficiary pursuant to the
exercise of a power of appointment under my will, there is principal held in a non-exempt trust
for that beneficiary and if in the absence of this power of appointment there would be a taxable
termination with respect to such trust as defined in Section 2612 of the Internal Revenue Code,
such beneficiary shall have the power by will containing a specific reference to this power of
appointment to appoint any part or all of such principal outright to anyone or more of his or her
creditors and the creditors of his or her estate. Upon the beneficiary's death, to the extent he or
she fails to exercise effectively such power of appointment, the Trustee shall pay to the
beneficiary's estate or to the tax authorities an amount equal to any increase in estate, inheritance
and other death taxes, and interest and penalties thereon, payable because of the inclusion of the
unappointed principal in the beneficiary's estate for tax purposes. The remaining unappointed
principal shall be distributed in accordance with the terms of the trust.
7
FIVE. The Trustee, as well as my Executor, shall have the following powers, in addition
to those vested in it by law, for my property held for the benefit of my beneficiaries, whether
income or principal, exercisable without court approval and effective until the distribution of all
property under the terms of the trusts set forth in Paragraph Three or Paragraph Four above:
The Trustee, at its discretion, may compromise claims, borrow money or retain
property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer,
exchange, convert or otherwise dispose of or grant option of all or any portion of trust property
for such prices and on such terms in public or private transactions as it may deem proper; and
invest trust property and income without restrictions to legal investments. The determination of
the Trustee with respect to the advisability of making payments out of the income or principal to
any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons
howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive
additions to the respective trust of any kind or any property whatsoever from sources other than
my estate and at any time in the sole discretion of the Trustee.
SIX. I hereby nominate and appoint MARCUS A. McKNIGHT, III, to serve as
Executor of this my Last Will and Testament.
SEVEN. I hereby nominate and appoint M&T BANK, N.A., or the successors of it, to
serve as to serve as Trustee of any trust( s) created herein.
EIGHT. No Executor, or Trustee acting hereunder shall be required to post bond or
enter security in this or any other jurisdiction.
8
NINE. No person or persons shall benefit hereunder unless such beneficiary shall
survive me for a period of at least sixty (60) days.
TEN. No beneficiary may assign or anticipate his or her interest in any income or
principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise
reach any such interest.
ELEVEN. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Three G. hereof except that if such person
or institution is entitled to share in the said residue, that interest shall be distributed
proportionately to the other residuary distributees.
TWEL VE. The validity and administration of any trust established hereunder and any
question or disputes relating to the construction or interpretation of any said trusts shall be
governed and construed in accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of
February 2003.
e~ e. S~~SEAL)
EDNA E. STARNER
9
Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our names as subscribing witnesses.
:f{~$C0U1~
yJ/Jai-/X {r' ~15:fv;~Ud;lt--
/
10
ACKNOWLEDGMENT AND AFFIDAVIT
WE, EDNA E. STARNER, KAMELA S. CORNMAN and SHARON L.
SCHWALM, the testatrix and 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 she had signed willingly,
and that she executed it as her free and voluntary act for the purpose herein 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 their knowledge the testatrix was, at that time, eighteen years of age or
older, of sound mind and under no constraint or undue influence.
:t__.._ -,I
ec1~s- i I Q~~
EDNA E. STARNER
(-..,J
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VM'~ ' ~ 'A' Y ~U/'./~
.' ; t::l~C/ "L- .' '}" ~~v/ . ..
/ SHARON L. SCHWALM
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by EDNA E. STARNER, the
testatrix herein, and subscribed and sworn to/p~fore me by KAME S. CORNMAN and
SHARON L. SCHWALM, witnesses, this )(J 'Yf'day of February 2 3
Notarial Seal
Martha l. Noel, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 18, 2003
Member Pennsvlvania Association of Notaries