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HomeMy WebLinkAbout03-24-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Henry R Fiumelll also known as Henry Fiumelll CUMBERLAND COUNTY, PENNSYLVANIA File Number 21 - 08 00a~ , Deceased Social Security Number 181-34-1051 Francine Mizwa Petitioner(s), who islare 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the last Will of the Decedent dated 12/03/2007 and codicil(s) dated Executor named in the (State relevant circumstances, e.g., renunciation, death of executor, ete.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (It applicable, enter: c.t.s.; d.b.n.c.t.s.; pec1ente lite; durante absentia; durante mmontate) Petitioner(s} after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) I Name Relationship Residence , I " , ~._" -' .' . (COMPLETE IN ALL CASES:) Attach additional sheets if necessary, Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal residence at 120 Peppercorn Square, Enola, PA 17025 (List street address, town/city, township, county, state, zip code) Decedent, then 61 years of age, died on 02/15/2008 at Pittsburgh, Allegheny County 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: 10,000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Francine Mizwa Typed or printed name and residence 700 Mound Street Monongahela, PA 15063 -u Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of2 Oath of Personal Representative } ss } COMMONWEALTH OF PENNSYLVANIA 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(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed / $ ~-7<--t!~:A-L/?7- Signature of Personal Representative Francine ( 1-M day of cyn(LIAiJ , J.oog ~O-L~~ .fJ~~ ". ~ For the Regi tIiX ~)() before me this Signature of Personal Representative Signature of Personal Representative File Number: 21 - 08 D,-q~y Estate of Henry R Fiumelli , Deceased Social Security Number: 181-34-1051 Date of Death: 02/15/2008 AND NOW, ftluvCh:lL\ aDD ';/ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Francine Mizwa in the above estate and that the instrument(s) dated 12/03/2007 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters............... .101,,0.0.9............$ Short Certificate(s)........I0.......... $ '-fS' J.f() cltnda c~ JivJQ!n~ ~ R~ster of Wills -p-l Attorney Signature: IS" /0 [; Attorney Name: James W Haines Jr. Supreme Court 1.0. No.: 30729 Attorney At Law Address: 1202 West Main Street Monongahela, PA 15063 Telephone: 724/258-3021 teri@jwhaines.net E-Mail: II~O Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of 2 HIO:".H05 REV' 1011(7) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Certification Number This is to certify that the information here given i: correctly copied from an original Certificate of Deatl duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for permanent filing. P 14194891 4.~~.~_. =' 1/2 LoS Local Regis . Date Issued ~ \ 0 8 0 3a~ H'~ 143 REV llt2Q06 TvPE ! PRINT IN PERMANENT BlACK HI( COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HI!ALTH . VITAL RECORDS CERTIFICATE OF DEATH (See In.tructlon. end exemple. on reverse) STATE FR.E NUMBER vos lei. 27, 1946 Naple~,Italy 1d.'__lI",_,,.._IIllI_ ,. 1IllI_.. u 6._"'_1_, 6.1 8t, Counfy of Drlattl Allegheny Uhh,d2i1 000h0< . Spocdy 10. RM:.: Ameriarllnclln. 8IIct. ....-= I~ bJh.i.te 11 0ecIdent', UsuII ...."'- Health Calte most aI .... Do not... Kind ",_,_ 14. ..... s.u: Married. NeYer w.rnect. __ISooaIl! D.ivoltcedd . '6,_'~__I_""I-,_,zip_1 120 Peppeltcoltn Sq. [nola, PA. 17<.0 ...._Uood~ "',_IIo,_Uood_ [nola -~'" 1I!i. FIIbf's NIme (Fnl, mickle, lat. -*, 11" ....... .... (fill. midlIe, 1ftIidIn......) Anthony 'f .iumen.i S .i~t.ina (7 atangel.i) -_'._cryptlPm) 12CIl.-'~_'-lIIyl__.zip_' Lee ~.izwa 700 ~ound tf ~nnnnanhpJa.PA. 15063 2'*-_"'_ 21c,,,,.,ii__,,,_,_..__, . 21.. t.o.-.lCIyl__, zip_I . 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Md AddreSs 01 Person 'Who -~ Cause of [,leaf, IMm 271 Type 1 Print ---'- tv,.,.. ~k'1'" I P It'!"''''.''' /hew"", Cuifl[ vn.v,ac. hA 0 . ..:~., \ ~~ '~'(~ II l~h~1.\ 1'&\" ~11 \/W,.kl&IT-S-ZS8' 7... 32d.T....of~ 32V.t-."'......I-.lIIyl_,_J II, ~ LAST WILL AND TESTAMENT OF HENRY FIUMELLI I, HENRY FIUMELLI, of Enola, Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE TANGIBLE PERSONAL PROPERTY S 1.1 I bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is received or located by my Executor within sixty (60) days after being appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so received or located, to those of my mother, SISTINA GUZZO ("My Mother"), my half-brother, RALPH L. GUZZO ("My Brother") and My Brother's son, CHRISTIAN GUZZO (liMy Nephew") (together, "My Family"), living at my death, to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among My Family, the disputed item(s) shall be sold and the proceeds shall pass as a part of my residuary estate. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. S 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. {A 1031290: 1} 9 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. ARTICLE TWO RESIDUE 9 2.1 I devise and bequeath all the rest, residue and remainder of my estate to my Trustee herein named, to be held for the benefit of My Family in continued trust in accordance with the provisions of Article Three hereof. ARTICLE THREE TRUST FOR MY FAMILY 93.1 The Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and 9 3.1.1 While My Mother is living, The Trustee shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit of My Mother. 9 3.1.2 While My Mother is living, the Trustee shall apply to or for the benefit of My Mother so much of the principal of the trust property as the Trustee shall from time to time deem necessary or proper for My Mother's health, maintenance and support. 9 3.1.3 If My Mother dies before the complete exhaustion of this trust, the Trustee shall continue to hold, manage invest and reinvest the trust property and 9 3.1.3.1 During My Brother's lifetime, the Trustee shall apply to or for the benefit of My Brother and My Nephew so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the Trustee shall from time to time deem necessary or proper for both My Brother's and My Nephew's health, maintenance, support and My Nephew's {A1031290:1} -2- complete education, including preparatory, college and graduate education, and professional, vocational or technical training with no duty of equalization, taking into account other available funds, including such beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. S 3.1.3.2 If My Brother dies before the complete exhaustion of the trust, the Trustee shall distribute the property then held in trust to My Nephew, subject, however, to the provisions of S 8.4. S 3.1.3.3 If during the term hereof, My Brother becomes the sole survivor of My Mother, My Nephew and himself, the Trustee shall distribute the trust property outright to My Brother. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES S 4.1 I appoint my friend, FRANCINE MIZWA as Executrix of this Will. If FRANCINE MIZWA is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint My Brother as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executrix or my successor Executor, as the case may be. S 4.2 I appoint FRANCINE MIZWA as Trustee of any trust created by this Will. If FRANCINE MIZWA is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint My Brother as Trustee. S 4.3 Any Trustee serving hereunder may resign at any time, for any reason whatsoever, without court approval. If at any time there is a complete vacancy in the office of Trustee, then the then income beneficiaries of all trusts hereunder (or their natural or legal guardians) by majority vote shall immediately appoint a substitute individual and/or corporate Trustee(s), as the case may be, to succeed to that position. {A1031290:1} -3- ~ 4.4 The individual(s) serving as Trustee shall have the right to appoint a corporate Co-Trustee, said Co-Trustees to act by majority vote. ~ 4.5 If at any time hereunder there is no individual serving as trustee of any trust created hereunder, the corporate Trustee shall serve as sole Trustee. ~ 4.6 The individual(s) serving as Trustee from time to time may by unanimous vote remove any then serving corporate Trustee. If at any time hereunder there is no individual serving as Trustee of any trust created hereunder, the then income beneficiaries of all trusts hereunder (or their natural or legal guardians) by unanimous vote shall have the right to remove any corporate Trustee for any reason whatsoever; provided that the then income beneficiaries of all trusts hereunder (or their natural or legal guardians) shall by majority vote immediately appoint a substitute corporate Trustee to succeed to that position. ~ 4.7 Any corporate Trustee(s) shall not be related or subordinate to the parties appOinting it within the meaning of ~ 672(c) of the Internal Revenue Code. ~ 4.8 Any corporate Trustee shall be a financial institution with fiduciary powers. ~ 4.9 All references herein to the "Trustee" shall mean the originally appointed Trustee or the successor Trustee(s), as the case may be. ~ 4.10 I appoint the then serving Trustee as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. {A1031290:1} -4- ARTICLE FIVE POWERS OF FIDUCIARIES S 5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. S 5.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: S 5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments. S 5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security. S 5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. S 5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery. S 5.2.5 To engage in litigation and compromise, arbitrate or abandon claims. S 5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values. S 5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. S 5.2.8 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to {A1031290:1} -5- be made so as to balance fairly the interests of any income beneficiary and the remaindermen. S 5.2.9 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. S 5.2.10 To merge any trust created hereunder with any other trust or trusts created by me under will or deed, if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons, and if such merger shall not cause any adverse income, estate or generation skipping transfer tax consequence. S 5.2.11 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property, in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. The receipts and releases of the distributees will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court. ARTICLE SIX PROVISION FOR TAXES S 6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for {A1031290:1} -6- any such taxes, penalties or interest. Notwithstanding any provision of this Article Six to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover that I possess but have not exercised or any qualified terminable interest property. ARTICLE SEVEN PROVISION FOR DEBTS AND EXPENSES S 7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE EIGHT MISCELLANEOUS PROVISIONS S 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. S 8.2 If any person and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. S 8.3 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a person who is then a trustee of such trust, such person may not participate in any way in the decision whether to make such distribution. No trustee who is under a legal obligation to support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the trustees of that trust to distribute net income or principal in discharge {A1031290:1} -7- of that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. ~ 8.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches twenty-five (25) years of age, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. ~ 8.5 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums {A1031290:1} -8- or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. 9 8.6 An individual fiduciary shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. 98.7 Notwithstanding any other provision of this Will, but only to the extent that any trust hereunder is subject to the Rule Against Perpetuities under applicable law, upon the expiration of twenty-one (21) years after the death of the last survivor of My Mother and My Mother's issue living at my death, the trusts created hereunder shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of December, 2007. , (SEAL) Signed, sealed, published and declared by the above named HENRY FlU MELLI, as and for his Last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~ Residing at ~~eSidingat ~/fA , ~(.c...\.Rt';~ ,ff9- . , {A1031290:1} -9- COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN We, HENRY FIUMELLI, the testator, LHI/ h /0f ~ 0vu and tl,' z....~ f. "u.vll.....,h. , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. (UA~ itness Subscribed, sworn to and acknowledged before me by HENRY FIUMELLI, the testator, and subscribed and sworn to before me by ~l}r> 14f"""t-. ~ and t I: ~ p fA..", [/...,,1., , the witnesses, this 3rd day of December, 2007. I ~4.~, Notary Public (SEAL) p;;)r~t~lQ;'i!::!::,:::_l H 01' PEr-.ft.JSYLVANIA l Notarial Seal ~;Marianne.H. Acri, Notary Public G,t of ~ar,:",sburg, Dauphin Coun ~y crommlsslon Expires June 10, 21110 -.'.---- {A1031290:1} -10- , j. , ~\ .. t.~" .j t~'.'. . ~."..' ;'j';': /.,~,. . , '~~(~_~'i:~ ._~d':li.-::' c:-~~~J 'J .~ T . -t'. ' "--",\-.;;tI" ~.i.,,- --~ RECEIPT #: W 000025814 RECEIVED OF: PART. 10: BY CLERK: FRIEND MARY A CHECKS: A 21504 CASH $0.00 CREDIT $0.00 CASE NUMBER .. CHECK/CHEQUE IS CONDITIONAL PAYMENT .. PENDING RECEIPT OF FUNDS FROM BANK. .. REGISTER OF WILLS WASHINGTON COUNTY DATE: 03-07-2008 $25.00 CHANGE $0.00 TIME: 15:01 :49 MEMO: OTHER $0.00 EVENT COURT~UDGE 5289 PMT: MISCELLANEOUS RW TOTAL RECEIPT... AMOUNT $25.00 $25.00 '-1 JAMES W. HAINES, JR. Attorney At Law 1202 West Main Street - Monongahela, PA 15063 (724) 258-3021 (724) 258-3024 Fax: (724) 258-3758 March 18, 2008 Cumberland County Register of Wills One Courthouse Square Carlisle, PA 17103 RE: Estate of Henry R. Fiumelli a/k/a Henry Fiumelli Dear Sir/Ms: } - '; Please be advised that I represent the above-captioned estate. I have enclosed all necessary paperwork in order to have this estate opened in your county. Additionally, I have enclosed a check in the amount of $115.00 for filing fees and 10 short certificates. Should you need anything further, please do not hesitate to contact my office. Thanking you in advance for your cooperation in this matter. JWHJr/tb enclosures 'Jft