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HomeMy WebLinkAbout06-30-10PETlT~ON FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS Of CUIWIBERLAND COUNTY, PENNSYLVANIA Estate of Eugene szuii;A~ki ~ File Number z1 _ ~() _ ~ („~~ a also known as ,Deceased Social Security Number 197-28-0801 ~ t~#cai i Petit~ner(s), who is/are 18 years of age or older, appy(ies) for: (COMPLETE `A' or `B' BELOW ) QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXACUtO~ named in the last Will of the Decedent dated 07,1 and codicil(s) dated (State n~levarN arcumatances, ap., renundatJon, death otexecutor, btc.) Except as follows, Deoedent did not marry, was not divorcred, and did not have a child bom or adopted attar execution of the instrument(s) offered for probate, was n~ the victim of a killing and was never adjudicated an incapacitated person: 8. Grant of LeCbsrs of tAdminishation . a .a.; ..n.c..a.; Petitioners after a proper search has /have asoertslined that Decedent left no Will and was survived by the folkrwing spouse (if any) and heirs: (If Adminl , c.t.a. ord.b.n.c.t.a., enter delve of Witl in Section A above and comptete list of heirs.) Name Relationship R®sidence t7 ~- ...,. ~' G.. n i ' '~~ r;~ G ~, ~ , ~ -.~, ~-.~ ." "" ~ a, ~ ,:.,~ (COMPLETE 1N ALL CASES:) Altach addt~al sheets if necessary. ~ ~ ~ .r7 ~ Decedent was domiabd at death in G~u_m__bslrhind .._ County, Pennsylvania with his /her last principal residence at ~ ~~ S00 L.ant~ Pest Lane, C~rtp Hill 1~AMP.~~ A~~/cIIP~, PA 17011 Decedent, then 75 years of age, died on 05/30/2010 Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania at 500 Lamp Poat Lane ,Hampden Township PsntlezyMaMa All personal property $ Personal property in Pennsylvania $ Personal property in County $ situated as follows: '40,000.00, V1A~eraitot+e Petitioner(s) respec~fuNy rsquest(a) the probNe of the ia~ Will and Codicil(s) prse~nted with this Petitbrl and the ®rant of Letters in the appropriate form to the unders~rted: .!/~ ~' Fredrick, iY~ 21703 Fam Rev.lat3-Zoos CoPY~ fc) 2006 tam sotlwaro a~ly The Ladcnsr Group, Inc. Page 1 of Z Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cum~'land } The Petitioner(s) above-named swears) or affirm{s) that the statements in the foregoing Petition aye true and correct to the best of the kncwMiedge and belief of Pe~#ioners) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accoMing to law. ~~ Swom io or a and s~uhscribed ~.- 'nature of al presentative Gary Szukalski bef.&re rria this day of ~, C~ i I 1 Signature of Personal Representative For the R i r Signature of Personal Representative r.a C7 ° ::~:~ C. ~ :~; :2 ~;..,: ~,.. t'~"7 ,.. ~ ~ ~; ~.... _, ,,, r ,,.,. ~ ._-..~... File Number: ~ ~- ~ ~ r.., ,...j..~ ~Q~ Estate of Eugene Szukalski Dece --n ~- P , Y ~~ ~ ~ , ---~ .« r Social Security Number: 197-26-0801 Date of Death: 05t!34J2010 ~ iV '~ '"~ C,x3 AND NOW,. C~ V ~ ~U~ ~~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Gary 3zuicaiski in the above estate and that the instrument(s) dated O7/24l2~1 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .................................. .... $ 'i~ • Short Certificate(s) ......... ............ S _~ (,jr,) Renunciation(s) .............~............. $ ~• t,U ~ ~~ $ ~ fJ• bU f~U-~ur~.t~'c~rt $ ~ - ~ TOTAL ................... a a 1 ~5g. ~y Att Supreme Court I.D. No.: 21562 BaNi, Murren ~ Connell Address: 2303 Market Strom Camp Hill, PA 17011 Telephone: 7171-232-8731 Fa-n RW-02 Rey. ~a~s-zoos copyr~ni (~i 2ooe roan aonwere ony rns ~v,~ cam, inc. Paae 2 a 2 Attorney Name: Richard E C~nell Etlt~ 103.805 REV (Ol/a7) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photography Fee far this certificate, $6OU ~~,,,/~/~~/-------., ~ This. is to certif}~ that the information here given. is ~,,~Ep~~H OF pEyy = correctly 'copied from an original Certificate of Death ca'd' =_ ~ =-~_ srf ~: ' 'duly filed with me as Local Registrar: The original ~ :: , ~-_ ~~ certificate will be forwarded ~o .the State Vital a Records Office' fo er~anent Elfin ; g P_ 1663.6820 _ °~~°~?- -_ - ~~~ Certificatia-n Number f~T 0 -ii d/Nl///~', 'S. ,rte. rn:, 1:Cwiy A Local Registrar Date.. fssued -~ ` ~ ~ ~.~; ~ ~ ~ of ~rw,-w~-• a~~ o~ !~-ln~ vrru ~cc~s ~ ~ ~ ~ ~ b -- ~ r~ " ~ C~E:tiTIFICATL OR OEATH ~3~ . C" ~ : (~M`M~110~Ifft rM'M1 W1MM~M~s OII M11t/N) STATE ~ ~. "'#"t ~ > , "' ~ ~ ~~., , i'tM iS11MNMq~M-iM~lt r.IIIM` r~ra^1 -` ;`" ~. r1 _ rrrr~ilrr[ I r.Nrarrl , ~ ,Mrs. r.r. D D~-~ Oow D ~rw. boa rc. 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IdI'MKY' i S t! ~,~~~. ~f>,S~f~DD / i.• REGISTER OF WALLS QF REI~UNCIATIC3N CUM6ERLAND CQUNTY, PEhN~i~YLVANIA Estate of Eug@n@ Ss~ka~ki Dece~ed ~ ~~ t P ~~ i~lf ~? ~ ~ ^~ ~ ~~ ~ .,,f.,..i • ~ Kar+en L Szuka~aki , in my capacity/ret~+ship a~ , r ~~•~ _ _ - (Print /Name) EV `' ' ~ ~~ Extact~or of the above Decedent, hereby renounce t e right to administer the Estate of the Decedent and respectfully request that Letters be issued to Gary 3aukalski . f~ t~1 (sgnstun: reri'' ~. SZU ais 501 Lamp Pact ~.an@ ~~ (srreer ,address) Carn_p Hill, PA_1'~011 (cny, S7are, Zip/ ExtsCUt~sd hf Res O~lce Execut@d out of R@giS~'et''s C?~ce Swom to or affirmed and subscribed Before the and igned personally dared the party executing thhis renuncn e+n+~ certifred before me this day that he or she executed the renu for the purposes stated writhin on this ~ '' day of o ~~ of un~~-~_, . ~\ / .._ ~e Deputy for Register of Wiils to Public ~~ My C mission Expires: .~ytit ~ ~, ~o t 1 seal a Wotary or other official to oaths. snow clefs a expkatbn of t~Iotarys oornm~sion.) p0'~k. ~ X10 , ].- f~QPi~~~`~~ttK, fiat, ptirC !!~ 8p~, Cwrn ~ifilibrt ~ ~lE~,,. Form RW-06 Rev. to-t3-2006 Copyright (c) 2008 form software only The {_adcner Group, Inc. ~• LAST WILL ANI,~ TESTAIIV~ENT QF EUGENE SZUKALSKI KNOW ALL MEN BY THESE PRESEl~JTS, that I, EUGENE SZUKAI.SKI, presently residing in Cumberland County, Pennsylvania, do hereby make, declare, and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me at a time. ,~, .~~+-?~ PAYMENT OF EKPENSES ~ ~ ' k::; I. Expenses: I direct that my Co-Executors, hereinafter named, sh~~e ~' ~ ,.t :~ .~ :~ :.~ the power, but not the duty, to pay all my just debts, expenses of ~ st ~, N M ~:~ illness and funeral expenses, from my estate as soon after my decease as ~,,~, 4 ~~ c.~. shall be found convenient. .Yc~ ~' ~ ~ ~ } GIFTS II. Jewelry: (a} I bequeath my Iiirst wife's wedding band and engagement ring to my daughter, DONNAJEAN SZUKALSKI; (b) I bequeath my grandfather's gold watch and fob to my son, GARY SZUKALSKI. III. Personal and Household Effects: (a) I bequeath my personal effects, automobiles, and .household goads, including such household goods, if any, as may be my individual property and not the property of my wife, KAREN L. SZUKALSKI, or owned jointly by me with her, and other tangible personalty of like nature (not. including cash or securities), together with any existing insurance thereon to the said KAREN L. SZUKALSKI, if she survives me by thirty (30) days, and my issue,, per stirpes, living on the thirty-first day after my death, to be divided among them by my Co-Executors with due regard for their personal preferences in as nearly equal shares as practical, provided, however, in the absence of agreement or if any beneficiary is a minor, as my Co-Executors deem appropriate; and provided that articles not so divided shall thereafter. be disposed of by my Co-Executors by public sale or in such mantner as my Co- Executors shall select; with all proceeds therefrom forming a part of the residue of my estate. I direct that the expense of packing, shipping, insuring ~--~ -- 1 and delivering any such .property to a beneficiary entitled thereto shall be paid by the Co•Executors as an administrative expense of my estate. I intend to leave a memorandum setting forth suggestions as to the distribution of certain items and, while the memorandum is not to be legally binding, I hope the suggestions in it will be carried out. If, at the date of my death, my wife, KAREN L. SZUI~;ALSKI has predeceased me, I bequeath all personal property which, has been specifically. identified. in a separate memorandum by me as joint property owned by Karen and me, to my children, per stirpes, and the children of my wife, I~;AREN L. SZUKALSKI, per stirpes, to be divided among them in as nearly equal shares as practical; provided that articles not so ,divided shall thereafter be disposed of by my Executor by public sale or in ,such manner as he shall select, with all the proceeds therefrom being divided equally among the said beneficiaries. Should any child or mine or my wife, Karen, predecease me, his or her share shall pass to his or her issue, per stirpes. I direct that the expense of packing, shipping, insuring and delivering. any such property to a beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. IV. Investments and Deposits: To the extent Paragraph N. do not pass by operation of law beneficiary by me in any instrument creating c beneficiary,. I give, devise and bequeath m3 09932720103 (or such other account into w assets- so long as held solely in my name), U been held jointly with my later mother, First U # 8243-1926, Schwab brokerage account No. 86 and bank or other institutional deposits in my first Seventy Thousand ($70,000.00) Dollars to SZUKALSKI, the amount however, to be reduc during my lifetime which I shall specif that the assets listed in this ~r subject to a designation of ~r modifying the identify of a Vanguard IRA Account # a~ich I have deposited those S. Swings bonds which had aion Accounts # 8243-1922 & 72-9~i65, and all investments name alone as follows: the my daughter, DONNAJEAN 'd by any gifts I make to her .tally indicate by .written memorandum are to be set o~ against this testamentary gift, and any amounts in excess thereof to my children, DONNAJ~AN and GARY, in equal shares, but should any child of mine have predeceased me, his or her share shall be distributed to his or her issue, per stirpes. V. Rest. Residue and Remainder: I give the rest, residue and remainder of my property, real, personal or mixed, to my wife, I~;AREN L. SZUKALSKI, if she is lawfully married to me and if -she survives me by thirty (30) days, but if she fails to survive ~e by the said 30 days, or is not lawfully married to me at my death, then to my children, in equal shares, but if any child of mine has predeceased me, then to his or her children, per stirpes. 2 VI. Power of Appointment: No provision of this Will shall exercise any power M of appointment I m~xy have. FIDUCIARIES VII. F.,xe~u t, car: I hereby nominate, constitute and appoint I~;AREN L. SZUKALSKI, my wife and my son, GARY SZUKALSHI, as Co-Executors of this my Last Will and Testament. In the event that either Co-Executer shall predecease me, or be unwilling or unable to act as Co-Executor, then I nominate, constitute and appoint the other to serve as sole Executor. VII. Bond. I direct that my Co-Executors or successors shall not be required to give bond or other security for the faithful performance of their duties in any jurisdiction. IX. Resiganation: Any individual Executor may resign at any time without court approval. X. Protective Provisions. To the extent permitted by law, the interest of beneficiaries in principal or income shall not be subject to the claims of their creditors and others, nor to legal process, and shall n©t be voluntarily or involuntarily alienated or encumbered, except that nothing in this article shall preclude the assignment of all or .any part of a beneficiary's interest to his descendants. XI. Management Provisions: My Co-Executors shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: A. SelULease: To sell at public or private sale, exchange, lease, mortgage or pledge any property, reel or personal, at any time, and upon such terms and conditions as they shall .deem wise. B. Re~ainllnvest: To retain and to invest in all forms of real and personal property, including common trust funds, mutual funds and money market deposit accounts regardless of any limitations imposed by law on investments by executors or trustees, or any principle of law concerning investment diversification. C. Title to Property: To cause any security or other property which may constitute a portion of my Estate to be issued; held or registered in their own names, or in the name of a nominee, or in such form that title will pass by delivery. .... ~ 3 • D. Capital Changes: To consent to the reorganization, consolidation, .. . readjustment of the financial structure, or sale of the assets of any ' corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Co-Executors, is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right .given to them as the owner of any securities constituting a portion of my Estate; to accept and hold as a portion of my Estate securities resulting from any reorganization, .consolidation, readjustment, sale, conversion or subscription. E. ,E~pense of F~state: To pay all costs, taxes, charges and expenses in connection with the administration of my Estate. F. Allocate: To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Co-Executors ~~ may determine. G. Borrow: To borrow money from any person, firm or corporation, for the purpose- of protecting and preserving or improving my Estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. TAX PROVISIONS XII. Marital Deduction: No property ineligible for the marital deduction shall be used to satisfy that deduction. Property distributed in kind in satisfaction of the marital deduction shall be distributed at the lower of (i) its value at the time of distribution and (ii) its adjusted Federal Income Tax basis. Subject to the foregoing, my Co-Executors shall have absolute discretion in selecting the property to be allocated to the Marital Deduction. In calculating the amount of the marital deduction, (i) all other property which qualifies for the marital deduction and (ii) all other deductions and credits which are allowed in the calculation of the federal estate tax in my estate shall be considered first. However, credits .will be used only to the extent that their use will not increase the death taxes on my estate. XIII. Death Taxes: I direct .that all transfer and inheritance taxes, state or Federal assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Co-Executor pay, or 4 • provide for payment of all such taxes at such time, or times, and in such ,. manner as my Co-Executors deem best. .. XIV. Tax Options: I author~.ze my Ca-Executors: A. Death Taxes: To exercise any options available in determining and Baying death taxes in my estate; B. Income Taxes: To join with my wife in filing a joint income tax return; and C. .Gift. Taxes: To consent to any gifts made by my wife being treated as having been made one-half by me for the purpose of laws relating to gift tax.. XV. Survivorship: If KAREN L. SZUIi;ALSKI and I shall die simultaneously or under circumstances which make it difficult to determine which of us died first, I direct that she shall be determined to have ..predeceased me for the purpose of this Will and I direct further that the provisions of this Will shall be construed upon that assumption irrespective. of any provisions of law establishing a contrary presumption or requiring survivorship for a fixed period as a condition of taking property by inheritance. IN WITNESS WHEREOF, I, EUGENE . SZUKALSKI, the Testator of this, my Last Will and Testament, typewritten on five (5) sheets of paper which I have identified at the bottom of each page by my signature, hereto set my hand and seal the ~_~ _ day of t~l~~- ~ , 2001. ~:AI.) E ENE S" KALSKI The preceding .instrument consisting of this and four (4) other typewritten pages, each identified by the signature of the Testator, EUGENE SZUKALSKI, was on this day and date thereof signed, published and declared by EUGENE SZUKALSKI, the Testator therein named, as and for his Last Will, in the presence of us who, at .his request, in his presence, and in the presence of each other have subscribed our names as witnesses. ~~..~-~~ 5 .~ COMMONWEALTH OF PENNSYLVANIA . SS: COUr~I'Y OF CL-IVIBERLAND I, EUGENE SZUKALSKI, Testator whose name is signed to the attached ar foregoing instrument, having been duly qualified according to law, 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. Sworn or affirmed to ~.nd SZU~i;~~LSKI, the Testator, this ~y ~ed before me, by EUGENE 2001. ~~~~~ EUGEI~TJC ZUKALSKI • COMMONWEALTH OF PENNSYLVANIA ,• . SS: COUNTY OF CUMBERLAND and ~c~~r ,E, oM,~,,/ ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to lavV, do depo$e and say that we were present and saw EUGENE S~~TI~;ALSKI sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act ~o~ the purposes therein expressed; that each of us, in the hearing and sight o the Testator signed the. WiII as witnesses; and that to the best of our knowlerige, the Testator was at that time eighteen, or more years of .age, of sound mind axed u~pder no constraint or undue influence. -~~z~ ~~ Sworn or ed to and acknowledged before me, b ~~~+ ~ ~~~~~ ~~/eltn /~~tnr~ ~ro~ ,and /ric~or+ol ~ oR,ft!/ , witnesses this ~~~day of ` f,~ j , 2001. r .Notary u lic NOTAR{Ml,. S~AJ.. ~~, ~ORIA J. COPPCRSMiTH, Nc~ary P~iic ~ ~~ ~. Cana Nei Bi~,CCt~rr~tirrC I/~~ - Cfseior~ `~ ~t8'18 L1, Z403 .,