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.......... $
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R~ster of Wills -p-l
Attorney Signature:
IS"
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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:
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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
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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
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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
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{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
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{A1031290:1}
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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:
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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
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