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Home My WebLink About05-19-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberlttnd COiINTY, PENNSYLVANIA ~/~ ~ ~ ~ ~~ S Estate of loaeph S. Zuba File Number also ]mown as c Deceased Social Securiry Number 179-14Q942 ?Q `° --; Petitioner(s), who is/are 18 years of age or older, apply(ies) for: '~~. 2 C7 ..t ~ ~? (COMPLETE 'A' or B' BELOW.) ?_r m -- ,_: _~ ~ _ t 7 ® A. Probate and Grant of Letters Teatamenhry and aver that Petitioner(s) is /are the Executor ~-_~ ~ ~ O ~tmed fn~t~t¢:-J last Will of the Decent dated 04/042003 and codicil(s) dated ~-~ ~ _ -_ r, + --a fV > '~ ,~ '~ (State relevau circurnruupes, e.g., renunciation, teach ojexecutor, etc.J r Except as follows, Decedent did not mmry, was not divorced, and did dot have a child bom or adopted after execution of the insvumwt(s) offered for probate, was not the victim of a killing and was never adjudicated so incapacitated person: a, tGrArlf ~f Lsptra 4f AAMi~Gtrhdnn _ .__ Qfapplicoble, enter c t a.; d.6.rtc t a.; pendeme bte~ durance absentia; durane mirroritateJ Petitioner(s) after a proper search has /have ascertained that Decedent le$ no W01 and was survived by the following spouse (if any) and heirs: (Ij Administration, c.t.a. or db.n.c.t.a., enter dale ojWil! in Section A above and complete list ojheirs.J Decedent was domiciled m death N Cumberland County, Pennsylvania with his /her last principal residence a< 208 S. Norway St., Mechanicsbtntt. PA 17055 (List street addreu, towrr/city, townrhip, county, state, zip code) ,, // Decedent, [hen 86 years of agq died on 12252008 at pq Decedent at death owned property with estimated values as follows: (If domiciled m PA) All personal property S 34,000.00 (If not domiciled in PA) Personal property in Pennsylvania S (If not domiciled in PA) Persoml property N Cowry S Value of real estate in Pennsylvania $ situated as follows: Non Custodial Awuity Wherefore, Petitioner(s) respectfully request(s) the probate of the last W ill and Codicil(s) presented with this Petition and dte gent of Letters m the appropriace form to the undersigwd: ? ~ ~ Irene H. Zuba, 208 S. Norway St, Mcehaaicsburg, PA 17055 Form RW-@ rev. 10. /3.06 1~~01 l)f'~ (COMPLETE /NALL CASES:) Attach addi6ona! sheds Ijnecessary. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 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 Imowledge 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 affirm/ed and~ubscribed before me the ! 7~~/~ day of Sigmive ojPerroml ReprcseMOtive Stigrwnve ofPerwnal Repesenfafire i~-~ ~ A -- =_ ~ ~D File Number. !1/~ d~• 7~?s C1C v Estate of Joseph S. Zuba Dece~ed Social Security Number. 179-143942 ~,~,p AND NOW, l ~W / - in having been presented be ~ ~e, IT IS ~E~REF,D that Letters are hereby granted to +,Q ~j O,c„(,yL and that the instrument(s) dated described in the Petition be adm Petition, satisfactory proof in the above estate IV F F` Date of Death:l2/25/2008 Yo probate and filed of record as the last Will (pnd FEES n /~ ~ .Letters ............... $ `-/ V wort Certificate(s) ........ $ 4•~ Renunciation(s) ......_... $ i ... $ .~ ... $~_ .. $ ~ .. $ .. $ .. $ .. $ ..$ ... rti~rdi ..........:.... $-~~ Attorney Signature: Supreme Court LD. No.: Address: Telephone: 1 J ~._ <"7 ,.~ ._-. Form RW-02 .er. ro.Ja.os Page 2 oft Attorney Name: I05.905 NEV.(3I09) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Depattment of Health, in accordance wi[h the Vaal Statistics Law of 1953, as amended. ~^ _ / /~ ~~. ;_~; ~~ ~ •.. WARNING: It is illegal to duplicate this copy by photostat or photograph. 2009 MAY 19 PM 2~ 44 C!_EPK Or ORPHAN'S COURT CUti~nr.? :i~ ~„. PA 4945746 No. GAF-a=a~Q. ~:~~ Linda A. Caniglia State Registrar APR 2 4 2009 Date r-r~„Xavos, ar x105443 REY moos CORRIeCTED ITEM I COMMONWEALTH OF PENNSYWANIA• DEPARTMENT OF HEALTH ~ VRAL RECORDS ~~AJ~,['-/ TYRErmixrw J(~~ J RERwrrEr^ CERTIFICATE OF DEATH butx ixx rER: FO DATE: of ~ 21 •b-7 (See instructions erW exempts on reversal STATE FlLE NUMBER 7 I. tamed Oereaenl FUt,mMe,bq eutlvl 2. SV ]Sapb Sx.NV Mnbx I. Deb dC«mlMam aY. MfA JOSeph S. Zutia Male 179 - 143942 December 25, 2008 s. /ge ltat DMdrYI uaatl earl e.oraem r. eNaaea ~ wRebaoeeb as xagd: Otlar 86 w. ~ w~a w. 3eptember12,t922 Avoca, PA vn. ~„ OFafovyeeaa ^oa ^xaxgxxre ^Rabana posa.speMr ' e. Cawya Oem &Ciry,Bw,iry.d DaN B6 Faae NenbltlraiaWm Beata eMaeeep 9.YM DanW dllepaiD Onp~4 i~71 NO ~Ya ~ I0.Ra:NMan Yaa. BbeM,Wli,lt. Cumberland East Pennsboro °'r°'P'"rt~'" I 1°'~ White r MbiaYl RUMO Roan, ek.l I1,gaablY Bra dtaaa ae 'tad aammaw Is. Wa tab 13, .EetWR113'etHaNNWaoeae naP bleb to Memd aaa:AWbb NewrMmtl 15. SaMiq Spa te ltlab aa niepaa ravel Mans er US Gov~emment 9 US Nnta Fana+ BmrenDrylSeoxbrylPl2) ~~ ~~ rnbpejlJaS,l Z , ~°tlM , Irene H. Massakowski IM Bea&at WlrgMwlamaayl ban,ar, zpmael Beutleae PA Bb Deaaam 206 South Norway Street °~"'nabaa°ia'b U"be „<.~rb•Dewduxab TR • Mechanicsburg, PA 17055 ,mcaaY Cumberland T"'"a'°' ,Ta.~ o, ~a a.tlm Mechanicsburg agrmt 19. FeDx'e Ntn lRa, nime, bt tMel Fronk Zuba IB.IAMr'a NxalFat n+bb,mMa xenae~ Nellie Gujior sb.lnbmvae NbAO Nryel Paml I H Z b sat. xbmare McMgAadaelaM,tlryYMn, eYM, spat 2 P l rene . u a 08 South Norway S treet Mechanicsburg, A 17055 sla. wubadobpaabn I]tmmim ^BtMm ffi Baw D """a'~"a"a'" ~ °ikin"1 i ° 1 "11 1 ° sic Wbd ODaabnaw'e, aer r«rl sb. 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AabdePMb ~ ~i ae~M~Ba ~yb ~b ^~ ^~ ^kdyf ^WMpbaYlptlm ffiTmed Yjry 32e NreyaYM3 3a.NinapabM Ulq~yey'1 IpaaontlDY0Y1/OM~dNran uR ^abbe ^caurahoeDmYM ^Yal]xo ^axaYOpbaa^ ReabM,n u Ora-$may: 39c GaaWbaabab) 3LSpWeM ' taaYtle PDtlaeYllADatlamMgmadaerb Wmenle,prYbanMaaartMtlrbtlatlarnpbbtlllmsa . • IIMDatagbbayp,ablaamlabbbsbaeaanwraoYL _________________________ ------- ~ N • i'aeaMx.aaRMSgsaa'tmMdamnaamrigaeeA ad aMdrenpWaaeMR ~ retmaMahbmbskm,apt.naeaebeWgwwnaraML__________'__"__^ rm Ea a w ~.uanbM t ~p~ ry~ ~ 330 oaeayl~e ~ j In • l o b ari ~ Qc~T 1 t/ 0'e oahDabamaYMlaaaYabwal tlo Me gn a n Mau e ar r r ^ p rye en, a aa., . ., , p R r.,.adwbe.wrpin~e.raw,a. &.wnadpbebdpam wm cagMea~ orb d IIr,t~r w eiRM aeraeM dalt 3s.weFbasadL M.M ~ F 7 ~ So3 A/s rY1r a7 /S75rneT Ho/yAS~e/drrr ~a~F .! cro 8 , ` , ~ ~ o:paeawtaNp.d~3"!1 7 d9 - yl~S ;;, LAST WILL AND TESTAMENT ~ ~ ~' -' '' " -° • (Pour-Over wilq 2009 MAY 19 pM 2~ 44 OF JOSEPH S. ZUBA ClFf~iC ~?F IDENTITY GUf~PI=' q~;`~~i~ ~r~ PA ~, I, JOSEPH S. ZUBA, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke al] other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 179-14-3942. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married, namely, Il2ENE H. ZUBA. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I have the following children: Jeffrey F. Zuba, bom October 9, 1957, and Joseph S. Zuba, II, bom January 28, 1955, and Arlene A. A. Bohenick, bom August 1, 1950. DEBTS, TAXES AND ADMIPiISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Wil] or otherwise, and estate, inheritance, transfer, and succession taxes, other • than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE JOSEPH S. ZUBA AND IItENE H. ZUBA REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Tmst. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Tmstee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance • with the provisions of the said Trust, including any amendments thereto made before my death POUR-OVER WILLS Page 1 ~tor • If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as aze constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint Irene H. Zuba as my Independent Executor of this, my Last Wiil and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint JeJ)'rey F. Zuba to serve without bond as my Independent Executor. In the event the second named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Joseph S. Zuba, II to serve without bond as my Independent Executor. In the event the third named Executor shall predecease me or is unable or unwilling to act as my • Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Arlene A. A. Bohenick to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Dlustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, Gaze for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, ]ease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regazd to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants • or power made, and without the necessity of a court order. POUR-OVER WILLS Page 2 for My Executor shall have absolute discretion, but shall not be required, to make adjustments in the • rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. CONTESTS AND SPECIFIC OMISSIONS C~ • If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or indirectly: 1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions or that Testator's/Testatrix's Will or any of its provisions is void; 4. claims entitlement by way of any written or oral contract to any portion of the Testator's/T'estatrix's estate, whether in probate or under this instrument; S. unsuccessfully challenges the appointment of any person named as Executor or successor Executor of the Testator's/Testatrix's Will; 6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor of the Testator'slTestatrix's Will; 7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or is proposed in good faith by the Executor; 8. unsuccessfully seeks the removal of any person acting as the Executor of the Testator's/Testatrix's Will; 9. files any creditor's claim in Testator's/Testatrix's estate (without regazd to its validity), whether the claim azose before or after the date of this instrument, but excepting claims for cash advanced or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant; 10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on Testator's/Testatrix's life; 11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other form of qualified or non-qualified asset or deferred compensation account, agreement or arrangement; 12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during Testator's/Testatrix's lifetime, or any provision thereof, as well as any gift which TestatorlTestatrix has made or will made during Testator's/Testatrix's lifetime, whether before or aRer the date of this instrument; 13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets (whether to a relative of Testator's/Testatrix's or otherwise); or 14. refuses a request of Testator's/Testatrix's, Executor or other fiduciary to assist in the defense against any of the foregoing acts or proceedings, POUR-OVER WILLS Page 3 T ator then that person's right to take any interest given to him or her by this trust shall be determined as it would have been determined if the person had predeceased the execution of this will instrument without issue • surviving. The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed to exist to the extent of the scope or breadth permitted by law. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. J PH S. A Testator • C, J POUR-OVER WILLS Page 4 This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause signature of Witnesses, and aclmowledgment of officer. I have signed my name at theJaottom of • each the 'pfeceding pages~T3 s instrument is being signed by me on this ~~~.•**~~ day of ATTESTATION CLAUSE • • The Testator whose name appears above declazed to us, the undersigned, that the foregoing instnument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and yeaz as this Last Will and Testament was signed by the Testator. WITNESSES: ADDRESSES: //~~ G/PAce 1. ~,4i~a~ (Printed Name of Witness) P ~/~ o l4 ~! ,L ioq~g (Printed Name of Witness) POUR-OVER WILLS Page 5 City, State, Zip ' 7 a ~ ~o~ s ~Uo~-~~y sz City, State, Zip for COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND SELF-PROVING CLAUSE /'' BEF E,- a undersigned au o ' t] ' y per onally appeared JOSEPH S. ZIJBA, ~~~ /~ Q~ and f - ~ lmown to me to be the Testator and the witnesses, respectively, whose nam are su ribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, JOSEPH S. ZUBA, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. G ,./~ JOS S. Tes or r 1 ~~ ~~l.r.~c¢. c.C = ~a~fCJ Witness GIN e~ ~' ~,c- ~~~ (Printe Name of Witness) Witne~ 5~////~~~[7~± ~~iD /4 N. ~U/I~~ S/Oh (Printed Name of Witness) SUBSCRIB AND ACKNOWLEDGEI,Z before b ri d apd m` to efore me by (~ ~- q ~( ~ w witr JO EPH S. Z[JBA, Testator, and and this the day of of Pennsylvania • POUR-OVER WILLS Page 6