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HomeMy WebLinkAbout01-1138 rt l,,: ~, DEe 182001 .... 'L-' C i\4 In Re: Estate of Walter F. Zielonis, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petition for Settlement and Distribution of Small Estate Pursuant to Section 3102 of the Pennsylvania Probate, Estates and Fiduciaries Code ORPHAN'S COURT DIVISION NO. "38 of lDOt DECREE t- AND NOW, this 3L day of ~ . , 2001, upon consideration of the annexed Petition, the 220 shares of common stock of the John Hancock Financial Services, Inc. owned by Walter F. Zielonis and rightfully owing to the estate of Walter F. Zielonis, deceased, is set apart and awarded under the provisions of Section 3102 of Pennsylvania Probate, Estates and Fiduciaries Code as follows: All 220 shares to Margaret R. Zielonis, widow John Hancock Financial Services Inc. and/or its agents is/are directed to distribute all 220 shares to Margaret Zielonis and the said Margaret R. Zielonis is authorized to execute the necessary receipts thereof on behalf of the estate and to make all necessary arrangements and transfers. <<:::t ';'::f C''J Cl... ...- BY THE COURT ,:'':;' C"":' ") ('''' (D& a: !? :,1) .0 ~s:: ..u= -,'~ -"" (..) U rf') C..:l C::::J .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re: Estate of Walter F. Zielonis, Deceased ORPHAN'S COURT DIVISION NO. 113B of WOl PETITION FOR SETTLEMENT AND DISTRIBUTION OF SMALL ESTATE PURSUANT TO SECTION 3102 OF THE PROBATE. ESTATES AND FIDUCIARIES CODE AND NOW COMES, Margaret R. Zielonis, Petitioner, by and through her attorney, Kenneth Zielonis, Esq. and files, pursuant to Section 3102 of the Pennsylvania Probate, Estates, and Fiduciaries Code, 20 Pa. C.S. 93102, this Petition for Settlement and Distribution of Small Estate, and in support thereof, avers the following: 1. Petitioner, Margaret R. Zielonis, is a competent adult residing at 403 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Walter F. Zielonis, ("Decedent") died December 6,2000, a resident of Forest Park Hf:alth Center, Carlisle, Pennsylvania. Prior thereto Decedent lived and resided with Petitioner at 403 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Decedent was married and Petitioner is the surviving spouse of Decedent and thus is a party in interest. 4. Decedent died testate but no Letters of Administration have been filed. A copy of the Decedent's last will and testament is attached hereto as Appendix A. Pursuant to said last will and testament, Petitioner is entitled to Decedent's entire estate. 5. Decedent had no probatable estate when he died other than the following: John Hancock Financial Services, Inc.: 220 shares of common stock. The value of said shares at the time of the filing of this Petition is approximately $9,000. Decedent's remaining assets were held as tenants in the entireties with Petitioner. 6. The sole heirs and next of kin of Decedent and their relationship to the Decedent are as follows: Margaret R. Zielonis - widow, (Petitioner) Gary P. Zielonis - son Timothy J. Zielonis - son Kenneth Zielonis, Esq. - son Christopher Zielonis - son 7. Petitioner was a member of Decedent's household at the time of death. 8. Petitioner avers that there are no unpaid creditors of Decedent and no claims unknown to Petitioner. The Decedent's Estate is not subject to any Death Taxes 9. The Decedent was not a fiduciary of another estate and was not a surety on the bond of a fiduciary. 10. All of the above named parties in interest identified in paragraph 6 above have joined in this Petition, and their joinders are attached hereto. WHEREFORE, Petitioner prays that an order be made authorizing distribution of the 220 shares of John Hancock Financial Services, Inc. common stock to entirely to Margaret R. Zielonis pursuant to Section 3102 of the Pennsylvania Probate, Estates and Fiduciaries Code. Respectfully submitted, ::~l~ Attorney LD. No. 41691 Stevens & Lee 4750 Lindle Road Harrisburg, P A 17111 Telephone: (717) 561-5242 Facsimile: (717) 561-5207 Dated: October 19,2001 Attorneys for Petitioner ~~ ~,I!"i"",,~ ',';'" ,I'~: ~l :' ~. , . ~' 'i;I" ~ "j' , LAST WILL OF WALTER FRANK ZIELONIS I, Walter Frank Zielonis, a resident of the Township of Hampden, Cumberland County, Pennsylvania, declare this to be my will and hereby expressly revoke all prior wills and codicils and writings of that nature made previously by me. Article 1 Children I declare that I am married to Margaret Rose Zielonis and that all references in this will to my wife are references to her. I have four (4) children now living whose names and birthdates are: Name: Birthdate: Gary Peter Zielonis 922 Wallace Street Erie, Pennsylvania Jul y 26, 1953 \ I\~ ~\ Timothy John Zielonis Ma ry Dri ve Mechanicsburg, Pennsylvania June 27, 1955 Christopher Zielonis 12 Wyrocote Ct. Mechanicsburg, Pennsylvania Ma rch 4, 1959 Kenneth Zielonis R.D.#3 Dillsburg, Pennsylvania r~arch 4, 1959 I have no deceased children at the time of the signing of this will. Article 2 Disposition of Property I give and bequeath all of my estate to my wife, Margaret, provided that she is living on thE~ thirty-first (31st) day after my death. If my wife, Margar2t, is not living on that day, then I give and bequeath all of my estate to my children then living to share equally; provided, however, that if any children of mine shall predecease me leaving issue, the share of my estate that would otherwise pass to such deceased child of mine shall pass, per stirpes and not per capita, to the issue of the deceased child who are living on the thirty-first (31st) day after my dea th . Article 3 Definitions The following terms used in this Will mean: 1. The term "children" includes adopted children and any who may hereafter be born to or adopted by me. Page one of three .-- !::-y hi 6,-1' A. :-,1\ ?l~ \ ~ ~ 2. The tl~rm "issue" means lawful blood descendants in any degree of the ancestor designated, and includes legally adopted children. Article 4 Will Contest Provision If any beneficiary or remainderman under this will in any manner, directly or indirectly, contests or attacks this will or any of its provisions, any share or interest in my estate given to that contesting beneficiary or remainderman under this will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. Article 5 Executor (1) I appoint my son, Kenneth Zielonis, as the Executor of this will. In the event of h"is death, resignation, renunciation or inability to act, I appoint my son, Christopher Zielonis of Mechanicsburg, Pennsylvania, in his place. (2) No bond or other securi ty shall be requi red of any exeuctor appoi nted in this will. (3) My Executor shall have in addition to those powers granted by law, the following powers with respect to the settlement of my estate, to be exercised in each case from time to time at the discretion of my Executor without further order or license of the Register of Wills or of any court: (a) To retain any and all property received for as long as such retention appears advisable. (b) To invest and reinvest in any kind of personal, real or intangiblE~ property, notwithstanding the fact that any or all of the investments made are of a character or size which but for this expressed authority would not be considered proper for executors. (c) To sell for cash or on deferred payments at public or private sale, to exchange, or to convey, any portion of my estate, real, personal or mixed, at the time or price and on the terms and conditions which my Executor may determine. (d) To lease any real or personal property of my estate for any purpose for terms withi n or extendi ng beyond the term of settl e- ment of my estate in accordance with law. (e) To manage, control, improve, or repair, real and personal property belonging to my estate. (f) To procure and carry at the expense of my estate insurance of the kinds, forms and amounts deemed advisable by my Executor to protect my estate and my Executor against any hazard. Page two of three (g) To deposit cash in a checking or savings account in a bank without indication to any fiduciary relationship. (h) To compromise or otherwise adjust any claims or litigation against my estate; to commence or defend such litigation with respect to my estate as my Executor deems advisable, at the expense of my estate. (i) To enforce any deed of trust, mortgage or pledge held by my estate and to purchase at any sale thereunder any property subject to any such hypothecation. (j) To conduct alone or with others any business in which I am engaged or in which I have an interest at my death; with all the powers of any owner with respect to the business, including the power to delegate discretionary duties to others, to invest other property held thereunder in such business and to organize a partnership or corporation to carryon such business. Article 6 Non-Reciprocal Wills My wife and I are at approximately the same time executing wills containing similar dispositive provisions. These wills are not the product of any contract or agreement, and my wife shall be free to dispose of any property whether acquired under this will or otherwise, either during her lifetime or by will, as she sees fi t. Article 7 Funeral and Last Expenses It is my intention that my funeral and last expenses arlSlng from or incidental to my death, be paid from the proceeds of insurance policies executed in my name. I have signed this will which is typewritten on three sheets of paper on this 1,1 day of ,ria /L: , 19 tt::. and have also wri tten my name on the margi n of the first two pages thereof. l{1(jl~1 ~~-~ Wal ter Frank Zfelonis '" Witnesses: iP~/,~ )~~J // /(~-n/n'u'--t~{.~ ~' (/h?J A;<t) ..../ /?~r;J,nl(/~~~(~Y k~~) Page three of three AFFI DAVIT We, Waltelr Frank Zielonis, Ronald Martin Mark Himmelreich , and Charles I. Himroelreich the testator and the witnesses respectively, whose names are signed to the attached or fOlregoing instrument, being first duly sworn and qualified according to law, do hereby declare to the undersigned authority that we were present and saw the testator sign and execute the instrument as his will, and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of their knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence; and I, the said testator, do hereby acknowledge that I signed and executed the instrument as my last will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ) 0_" _ t2-t_~ I v Witness: Address: ~~-?) ~o/~ , A 1 1///1 /r II ),( 1 '/YJ/I ifY( &.l'c { ,',(1 Jr. , , , -SD(~;'( f -U4 6-L~ 4.-J /] . j:J c:..,/t.l ?A.- / .5~d 0 (.;. , '--'" I Q II I ~\ kl j e (lj( LLJ'-{' ii.-[?(.c,rl /1 / I I _' 0(\ )- -'c' ~ \.~_.e +:tj~n\u'-n' l!::l. (1"),9,~ f:Jc f 1\ t ~jJ" I~j) 11 c10A h 'bl' j (~0 \ 3 c \ h A'\\G \J~. ?~\ \ '-;-(c' ~~'() /7/ .f ,1 /2/ //". (=,I?fZ,;1 h,,1 ) ~ J/.. (/ YI' /-;-,..7 /YJ1 (J ;!uLf'/f:) Sworn and subscribed to before me n II'th, day of _ /\/(,( III ,(('011/ I this 19 f6 IUl/;lJ.u~. . ;11,~!,{j/Z. Notary Publjc WENDY J. giLLER, NOTARY PUBLIC HARRISBURG, DAUPHIN COUNTY MY COMJ"ISSID~ EXj)IHS JUNE 22, 1937 Member. PCIll!~j::. ~,,,:; Association of NotarifS COMMONWEALTH OF PENNSL YV ANIA COUNTY OF DAUPHIN Margaret R. Zielonis according to law, deposes and says that the facts contained in the foregoing Petition are true and correct to the best of her knowledge, information and belief. ~C(2~ M rg t R. Zielonis Sworn and subscribed before me this ~'of October, 2001. ~ a-.f7~ Notary Public \ Notarial Seal Linda A. Fiorilla, Notary Public Harrisburg, Dauphin County My Commission Expires July 22, 2003 Member, Pennsylvania Association 01 Notaries JOINDER I, Gary P. Zielonis, son of Walter F. Zielonis, have read the Petition of my mother, Margaret R. Zielonis, for settlement of small estate, consent thereto and join in the prayer thereof. ]-.2%- "'HI F;<h I h, -I-- 8. JOINDER I, Timothy J. Zielonis, son of Walter F. Zielonis, have read the Petition of my mother, Margaret R. Zielonis, for settlement of small estate, consent thereto and join in the prayer thereof. JOINDER I, Kenneth Zielonis, son of Walter F. Zielonis, have read the Petition of my mother, Margaret R. Zielonis, for settlement of small estate, consent thereto and join in the prayer thereof. Jd~~i~ , JOINDER I, Christopher Zielonis, son of Walter F. Zielonis, have read the Petition of my mother, Margaret R. Zielonis, for settlement of small estate, consent thereto and join in the prayer thereof. du Christophe '-J