HomeMy WebLinkAbout12-02-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF ~,=..i~ ~ o?rZrU ~ COUNTY, PENNSYLVANIA
Estate of /~~-~ ~ ~ . _ /y i 2- / ~C File Number
also known as
,Deceased Social Security Number % 7 S - ~ 6 ^ ~ S'~~ ~-'
Petitioner(s), who is/3ce~18 years of age or older, apply(ies) for:
(~C,O/MPLETE 'A' or 'B' BELOW:)
l!d" A. Probate and Grant of Letters Testamentary~td-aver that Petitioner(s) is 1 ~e'the ~X~lu'nC'in named in the
last Will of the Decedent dated ilYl~~7,DG+i and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
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:
^ B. Grant of Letters of Administration
(ljapplicable, enter: c.t.n.; d.b.n.c.t.a.; pendente lire; durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (Ij
Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name Relationshi R rtce o
~ W, ~
~M1, .. -~
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(COMPLETE IN ALL CASES:) Attach additional s/:eels if necessary. l_7 C7 ~"~ -ti '= '', `- i- i
C`1 -T-t ~ . - 3 t
Decedent was domiciled at death in Crt.tryt ~3.y~c,}~~_ County, nnsylvania with his /~ef7ast princip~i~eence at-~~Ti
X33 ~.eti~f`.-,Bai~,~~e) ~7 L.;~m~c~N~ ~ /7uy '~~ -.o -+ .. --•}
(List street address, towrdcity, township, county, st e, zip code) T ~ ~ `='a
Decedent, then ~~ years of age, died on _NC u~rvt~3K~!,~ at Cr-c.~<C~,~ry ~, d ~.v c- ~+~ nr rte it /r'~lri l~rli'/~hnrc~ ~(~//'7
/ Y
C tw'm G~c~lct,~.~
Decedent at death owned property with esttmated values as follows:
(If domiciled in PA) All personal property $ S"7~D,>b. ~'~
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in Counry $
Value of real estate in Pennsylvania $
situated as follows:
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:
Si nature T ed or tinted name and residence
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Form RW-02 rev. ro.l3.oe Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cl 11 yn l~~~y„!~ i, ~-nJ
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
before me the ~ day of
`~
For the Register
Signature of
Signature oJPersonnl Representative
Signnture ojPersonnl Representative
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~1-U9-llr~ ~ ;_,,,_~
File Number: t~ r""t === ` .
n c%- .~:
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Estate of ~9L• i} /~'.12i ,~ i ~ 2 ~ t- , Dec ~ N - - -.-
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Social Security Number: 1 ? 5~- ! ~ ~ 2 ~'~, ~ Date of Death: ~ t~"~~ ~ ~
AND NOW, ,(~P~~-~,~_6_~~ ~ ~-i~a ~ in consideration of the foregoing Peti~n~satisfactoryV'proof.:~: '-::~
,:,
having been presented before me, IT IS DECREED that Letters '71~s~'~-s+~.v r~a~e~., ~D
are hereby granted to /~'...lil f_~'_ .Siu . ~,~ ir-
in the above estate
and that the instrument(s) dated /h/°~i ii '20o S
described in the Petition be admitted to probate and filed of record as the last Will (,end Codicil(s)) of Decedent.
FEES
Letters ............... $ 4too • o0
Short Certificate(s) ........ $ ~o,oO
Renunciation(s) .......... $
JCP ... $ to ,oc~
1nl ~ ~ ... $ i 5. t~
$
...
$
...
$
...
$
...
... $
... $
TOTAL .............. $ S1 ~ • ~
Fart RW-U? rev. 10.13.06
Register oJWills / 1 ~ ~Ar L~~~
Attorney Signature: ~~~/~!`~~~1.~~12-~ ,lS
Attorney Name: "1"l~f~ 2 J ~ ~lli~ S ~r'zh
Supreme Court LD. No.: ~ ~~ arc 4-~
Address: 3~0~ /v ~-~'0~ ! n~
Telephone: (~~~, ~ 3 2 - ~ D U
Page 2 of 2
lO5.R0~ REV (~l/077
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15692315
Certification Number
This 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.
LGnn ~ /a Nt~V 1 B J1009
Local Registrar Date Issued
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Diepaebn Permn No. 042023
~'iast Diu ana t6eetatt-e~ct
OF
ALBERT B. SNIZIK
I, ALBERT B. SNIZIK, of 533 Bridgeview Drive, Lemoyne, Cumberland
,, County, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills
and codicils.
FIRST: The expenses of my last illness and funeral shall be
paid from my estate.
SECOND: I may leave a written list in my safe deposit box or
elsewhere disposing of certain items of my tangible personal property. The Executor
shall dispose of items of my personal property as specified in the written list. If n¢,
written list is found in my safe deposit box or elsewhere and properly id „~ ' ed byrn ~ ~°
the Executor within thirty (30) days after the probate of my Will, it shal)~~, ~ -~ : ` ;
presumed that there is no other statement or list. Any subsequently dis~te~l lisp `=^~ "- ='
shall be ignored. If no list exists or is timely discovered, I give and bequa N
-: ;---,
absolutely and in fee simple, to my spouse, MARY E. SNIZIK, my household °r `
furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing
apparel and all other articles of household or personal use or adornment, and all
policies of insurance thereon, provided that if my spouse dies before the thirtieth
(30th) day following the day of my death, this gift shall lapse or be divested and I
make said bequest to my son, RICHARD A. SNIZIK, if he survives me by thirty (30)
days. If my son does not survive me by thirty (30) days, said items of tangible
personal property shall be liquidated and the proceeds added to my residue estate.
~~
Page 1
THIRD: The gift to my spouse in this Item is intended to give
my estate the marital deduction effective under the Internal Revenue Code to reduce
Federal estate tax. Any provisions in this Will which conflict with or fail of this
intention shall be so reconciled or amplified as to accomplish this objective.
If my spouse, MARY E. SNIZIK, survives me, I direct that my Trustees,
hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the
maximum marital deduction allowable to my estate for Federal estate tax purposes,
reduced by the aggregate marital deduction allowable for Federal estate tax purposes
for other property or interests that pass or shall have passed to my spouse otherwise
than under this clause and that qualify for the said marital deduction; and further
reduced by an amount, if any, needed to increase my taxable estate to the largest
amount that after allowing for the unified credit and state death tax credit (provided
the use of this credit does not require an increase in state death taxes) available to
my estate, will result in no Federal estate tax, and pay the net income therefrom,
beginning at my death, not less frequently than quarterly to my spouse for life. My
spouse shall have power to appoint all or any part or parts of the principal of this
Trust to herself or a class composed of the issue of myself and my spouse. This power
shall be exercisable by her alone and in all events by specific reference thereto in her
Will, or by delivery at any time or times during her lifetime of a written direction to
my Trustees who shall thereupon make payment as she directs.
My Trustee shall pay to her personal representatives from any
unappointed principal the difference between all taxes, interest and penalties which
they must pay by reason of her death and those which would be payable by them if
such unappointed principal were not taxable in her estate and shall add the balance
of such unappointed principal to my residuary Trust.
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Page 2
FOURTH: I give and devise the residue of my estate, real and
personal, to my Trustee hereinafter named, IN TRUST, as follows:
(a) The net income therefrom shall be paid to my spouse, MARY E.
SNIZIK, for life.
(b) My spouse shall have the power to appoint to herself up to the
greater amount of five percent (5%) or $5,000 annually from the principal of the
residuary trust under this Item. This power of appointment shall be noncumulative
and may be exercised during my spouse's lifetime. only by her giving the Trustee
written direction other than by her Will.
(c) Upon the death of the survivor of myself and my spouse, the
principal and any accumulated income shall be distributed outright to my son,
RICHARD A. SNIZIK, provided that he survives myself and my spouse by thirty (30)
days.
(d) If my son does not survive the survivor of my spouse and myself
by thirty (30) days, the principal and accumulated income of said Trust shall be
distributed as follows:
(1) Fifty percent (50%) thereof shall be given to
CLAUDIA A. SNIZIK, surviving spouse of my son, Richard A. Snizik, if
living and residing with him at the time of my son's death.
(2) Twenty-five Thousand Dollars ($25,000.00) to
HOSPICE OF CENTRAL PENNSYLVANIA, Enola, Pennsylvania.
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(3) One Hundred Thousand Dollars ($100,000.00) to
GOOD SHEPHERD CATHOLIC CHURCH, 3435 Trindle Road, Camp
Hill, Pennsylvania, to be used for general church purposes.
(4) Twenty-five Thousand Dollars ($25,000.00) to my
wife's sister, RUTH SNIZIK, if living.
(5) Twenty-five Thousand Dollars ($25,000.00) to my
wife's brother, ALEX HADFIELD, if living.
(6) Twenty-five Thousand Dollars ($25,000.00) to each
of my and my spouse's nephews and nieces living at the time of my
death.
(7) The residue thereof shall be given to
THE FOUNDATION FOR ENHANCING COMMUNITIES, Harrisburg,
Pennsylvania, to establish the ALBERT B. AND MARY E. SNIZIK
FAMILY FUND, to benefit by annual income or total return
distributions, the local chapters of the following national charities:
(a) American Heart Association;
(b) American Diabetes Association;
(c) Juvenile Diabetes Research
Foundation;
(d) American Cancer Society;
(e) American Lung Association;
Page 4
(f) American Parkinson Disease
Association Inc.
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FIFTH: Trustee may use principal of the trust under Item
THIRD hereof (Marital Deduction Trust) only for the benefit of my spouse. With the
foregoing exception my Trustee may use principal from the trust under Item
FOURTH hereof (Residue Trust) for the benefit of my spouse and my son as that
Trustee deems necessary:
(a) To meet the expense of any accident, illness or other emergency
befalling any of them;
(b) For maintenance, support and education (including college and
graduate school);
(c) To pay funeral expenses, including the cost of a grave marker and
perpetual care of the grave.
SIXTH: No provision of this Will is intended to exercise any
power of appointment, including any power of appointment granted me under my
spouse's will.
SEVENTH: No interest of any beneficiary under this Will or any
codicil hereto shall be subject to anticipation or voluntary or involuntary alienation,
and the personal receipt of such beneficiary shall be the sufficient and only discharge
of my Executor and Trustee unless otherwise provided herein.
EIGHTH: All taxes, interest and penalties thereon payable by
reason of my death with respect to property comprising my gross estate, whether or
not passing under this Will, shall be paid from the principal of my residuary estate,
provided however, that funds of my Trust created herein may be used to pay taxes,
interest and penalties attributed to such trust assets.
~~
Page 5
NINTH: In addition to powers given them by law, my
Fiduciaries and their successors and any guardian acting hereunder shall have the
following discretionary powers applicable to all real and personal property held by
him, effective without court order and until actual distribution:
(a) To retain all property received by them including the stock of any
corporate fiduciary acting hereunder, provided such property remains productive;
(b) To invest in all forms of property without restriction to
investments authorized to fiduciaries, so long as such investments are productive;
(c) To join in any incorporation, partnership, recapitalizatian,
merger, reorganization or voting trust plan; to delegate authority with respect
thereto; to deposit investments under agreements and pay assessments; and
generally to exercise all rights of investors;
(d) To compromise controversies;
(e) To exchange or sell for cash, property or credit, publicly or
privately, or to lease, even for a term exceeding five (5) years or the duration of the
trusts hereunder, without liability on the purchasers or lessees to see to application
of the consideration, and to give options for these purposes without obligation to
repudiate them in favor of a higher offer;
(f) With respect to my residuary trust under Item FOURTH hereof,
to allocate items of receipt or disbursement between income and principal as they
deem equitable regardless of the character given such items by law;
Page 6
~~
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(g) To apply income or principal to which any beneficiary is entitled
directly for his or her maintenance and support should they deem such beneficiary
incapable of receiving the same by reason of age, illness or any infirmity or
incapacity, or to pay the same to such person as they select to disburse it, whose
receipt shall be a complete acquittance therefor, without the intervention of any
guardian;
(h) To borrow money, including the right to borrow from any
corporate fiduciary acting hereunder, and mortgage or pledge as security;
(i) To hold investments in the name of a nominee;
(j) To distribute in cash or kind or partly in each at valuations fixed
by them;
(k) To assume continuance of the status of any beneficiary with
reference to marriage, divorce, illness, incapacity or other change in the absence of
information deemed reliable without liability for disbursements made on such
assumption;
(1) To elect to value my gross estate for Federal estate tax purposes
as of the date of my death or as of the alternate valuation date as allowed for such
purposes, to claim as income tax deductions expenses that would otherwise qualify as
estate tax deductions, and to make other elections allowable under law;
(m) Except to the extent necessary in order that the trust under Item
THIRD hereof qualify for the marital deduction allowable under the Internal
Revenue Code, it shall not be necessary to segregate investments as belonging to a
particular trust or share therein and all interests maybe held in undivided form in a
Page 7
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single fund from which proportionate distributions are made based on current
reappraisals;
(n) To merge any similar trust established by my spouse where the
terms of the same are identical;
(o) To make income or principal distributions during the course of
administration of my estate or trusts created hereunder;
(p) In the event that I am the beneficiary of a qualified terminal
interest trust and the same is taxable in my estate, I direct that my Executor shall
seek reimbursement from said trust for all taxes due by my estate because of the
inclusion of such trust in my estate, said computation of taxes due to be computed by
taking taxes owed by my estate and such property included therein as compared to
the taxes my estate would owe in the event said property were not taxable in my
estate; and
(q) To undertake any and all acts deemed necessary and proper by it
for the proper and advantageous management of any trust and the settlement of my
estate.
TENTH: Any person, other than my spouse, who shall have
died within thirty (30) days of my death, shall be deemed to have predeceased me. If
my spouse and I die simultaneously, or under such circumstances that the order of
our deaths cannot be established by proof, my spouse shall be deemed to have
survived me. Any person (other than myself) who shall have died at the same time as
any then recipient of income, or under such circumstances that it is difficult or
impossible to determine who died first, shall be deemed to have predeceased such
beneficiary.
Page 8 ~~
1
ELEVENTH: I appoint my spouse, MARY E. SNIZIK, as
Executrix of and my said spouse, MARY E. SNIZIK, and my son, RICHARD A.
SNIZIK, as Trustees under this my Will. In the event my said spouse cannot act or
continue to act as Executrix for any reason, I appoint my son, RICHARD A. SNIZIK,
to act in her place. In the event my said spouse cannot act or continue to act as
Trustee for any reason, my son may act alone. No fiduciary acting hereunder shall be
required to post bond or enter security in any jurisdiction.
N-~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~~ day of f'~ ~ ~/ , 2005, to this and the preceding eight
(8) pages, and I have also placed my initials on each preceding page for better
identification and greater security.
(SEAL)
ALBERT B. SNIZIK
SIGNED, SEALED, PUBLISHED and DECLARED by the above-named
Testator, ALBERT B. SNIZIK, as and for his Last Will and Testament, in the
presence of us, who at his request, in his presence and in the presence of each other,
have hereunto subscribed our names as witnesses:
2~~ ~d~.~
Residing at z9 0~ G ~.Q.,,/
~Br1~a~, ~~`" ~ z oaf"
Residing at c`~ ~ /~"~~~N °~-
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Page 9
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS..
COUNTY OF
I, ALBERT B. SNIZIK, Testator, whose name is signed to .the attached
or foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary act
for the purposes therein expressed.
EAL)
ALBERT B. SNIZIK
Page 10
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS..
We, ~ft-~~ ~ ~~~ ~, and M~~, 5,cf, ~ '.C ,the
Witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
Testator, ALBERT B. SNIZIK, sign and execute the instrument as his Last Will and
Testament, that Testator signed willingly and that he executed said Will as his free
and voluntary act for the purposes therein expressed; that each of us in the hearing
and sight of the Testator signed the Will as Witnesses; and that to the best of our
knowledge the Testator was at that time eighteen (18) or more years of age, of sound
mind and under no constraint or undue influence.
Witness
Witness
Page 11
i
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS..
COUNTY OF DAUPHIN
On this, the ~l~ day of ~ , 2005, before me, a
notary public, the undersigned officer, personally appeared PETER J. RESSLER,
known to me or satisfactorily proven to be a member of the bar of the highest court of
Pennsylvania, Supreme Court ID No. 6844, and a subscribing witness to the within
instrument and certified that he was personally present when the foregoing
acknowledgment was signed by the Testator, ALBERT B. SNIZIK, and the affidavit
was signed by the witnesses; and that said persons acknowledged that they executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~
No Public
My Commission Expires:
(SEAL) COMMONWEALTH F PENNSYLVANIA
Notarial Seal
Joan E. Bmthets, Notary Public
Susquehanna Twp. Dauphin County
My Commission Ex}rires Feb. 12, 206
Member, Pennsylvania Rssoc~ation of Notaries
Page 12
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