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HomeMy WebLinkAbout10-15-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of James D. Muriceak also known as COUNTY, PENNSYLVANIA )~ile Number ~ ~~ w ~tl Q t~0 Deceased Social Security Number 1 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTRIX last Will of the Decedent dated and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) i named in the 'rl Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of tl~e instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~i 'i B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendentelite; duranteabsentia;durante'~ndnoritate) Yettttoner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spot~ sd (if any) and heirs: (If Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~' o ~ w _ Name Relationshi Resi ~ i`-~~ "- .{ C N-~ ~j ~' ~-;-i ~_ ~ ~ :.~ r ~ -r-t ~ - -i'"'1't (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ' ~ ~ ti-7 Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal es~ d~ nce at @ ~ ~ 440 Sprin¢ House Road. Hampden Township. Camp Hill Cumberland Countv PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 74 years of age, died on September 12, 2010 at 440 Spring House Road, Hampdet~ 'Ii ownship 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 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant the undersigned: Carol A. Muriceak 440 Spring House Road or Dnnted name $ ~ 1,000.00 $ ~ $ /t o00 ~- I in the appropriate form to I Camp Hill, PA 17011 iF Form RW-O2 rev. 10.13.06 Page 1 Of Z _ _T_ Oath of Personal Representative CONIMONWEALTH OF PENNSYLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are tru$ and correct to the best of the loyowledge 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 subscnbed .fJ ~ i Signature of Personal Represe ative befo a the ~~Tv day of '~ i.,,, 0 /f,, ,G~~ d Signature of Personal Representative o ~~ : ~ _~ ~ ~ , --~ ~ ~, '> : =~ _, Foi• the Register Signature of Personal Representative ~ .. ~ !Jl ~ ~ C7 ~ -_ 7 Z/-~o -lo yo ~,, ~, .~ File Number: ~ C~ Estate of James D. Muriceak , Dec~as ~d Social Security Number: ~~~ - 2 ~ A ~qS~ f Date of Death: ~r~7rn-iX,d ) ~Z Z~, O 10 AND NOW, Jt-~ r , in consideration of the foregoing Pethtid n, satisfactory proof DECREED resented ore me been havin at Letters , p g are hereby granted to I in the above estate and that the instrument(s) dated 7 l(< described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Dece!~er ~t. FEES Letters ............... $ Register i it ~ $ Short Certificate(s) Attorney Signature: . ........ Renunciation(s) ....... ; $ ~ Attorney Name: Benjamin J. Butler ~ ~ :: ~~~~ $ ~ I ~S ... $ ZJ~.Sa Supreme Court LD. No.: 81948 t N Thi d S tree . r Address: 500 ... $ ~ • • • $ P.O. Box 1004 i '~ $ Harrisburg, PA 17108 10 4 ... ••• $ Telephone: 717-236-1485 ... $ --~ awre TOTAL .............. $ lD3, o I, Form RW-02 rev. 10.]3.06 ~ Page 2 Of 2 1p5,gn5 TLV lO~M7) ~7/' fU ' (~{v LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 1.6809374 Certification Number .1a 1er 11~4i ~F9W~BR .,~d n This is to certify that the information here given is correctly copied frprn~ an original Certificate of Death duly filed with me ~s Local Registrar. The original certificate will be 'forwarded to the State Vital Records Office for permanent filing. / /G ocal Registrar ' Date Issued ~un~ of ~wsrwAw~- • oevw~rwp~rr of r~un+ . wru. rtECOnos of o~-rn n ~', o ~-~ ~ X07 . n-s ~ :_ ~ ..> ;_~ ~o~ ~ ~ C3 C ~ ' ~ ~' C:: la ~ ~ •7 Cj - © r~ (s.. .xsnlpNs oe nwF..1 ~.,~~~..~.,~. 1.Nw.M0aa~4r~Ri~t dMK,YK.rKO tar aseer 8~ad!'IYniR DK d nan. dr, rarl James D. Muriceak. Male 180 _ 28 1.954 9 1 /2010 i AP P+dBYfda1) -1Mdlr r- tMr / 0. hr d.BM ): rtldKa h P1ar d trnn. oa,a ww arar. - Napild. prr: 76 rR 11/20/1935 Lilly, PA ^,,~ ^a,o,p,r„^ ^oa ^ '~]~. ^w,a.soa~. w:Crrpd Ori lfJM. Bae, TVq.d ORi ldFdrNMalMna tiKAat tlrrrdrdna1M 0.Wr DrrOrtda~ynac WpMT 1b 10. xra: ~rrtan nen srk 1MIa ale. YM p Yr. aydl dir, ~t~r~- Oberland H en 440 S rin House Road ~ ^*b'~ RG) ~ white fiL dwimr rand ieb 12 Wr Ooatlnt wR h M 17.01w6n1Y Fdslr al h~ ~ aaapdtll u' ~I ~ - 1 BiMieQ 9paM (r wM~ Vs mrdr nanN qdd WM Ifif/d9dYr•/Mray Consultant Engineering M~ir4 D4agtl q~j- U.8 Aaaa/ FairM grp,~' / g~pryy/Y~la1`Q (1d R 5.) I, '~ C$rr ^ w ~ Married ~ Carol Wenrich t0.0RVlnffiYiYAYr (9ertaA/erat ddaaVaAa) ~ Pennsylvania u~ia~y ~ ' N!/M1idanr 1fa 8Yla tTa. 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Naa d-raonWMCre~MaE4rdDaalh (fin TyprIRM r . f ,N s a `~a°nad~ ~'Q r~ ar..rr rrd laZ l j I o21 1 1.21 .~o S~ ' ~ ~ ~ r a A ~ ~ U ~ ~~,. a ~- 9 7Bo~- .~ JAMES D. MURICEAK N ,~ za ~~.~~~ C7 I, JAMES D. MURICEAK, of Hampden Township, Cumberland ~ _' ~ ,_ 7 ~=~ ~ ;= r-~ +-ti-~ Pennsylvania, do make, publish and declare this to be my Last Will and Testam ~~y ,,. ` ~c =,~ revoking all Wills and Codicils by me at any time made. ~ ~"'' `-° ' - ~' ~.~~ ~ ~ „Tl ITEM 1. I direct that all inheritance and estate taxes becoming due ~y reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executrix out of my residuary estate, as an expense and cost of, administration of my estate. My Executrix shall have no duty or obligation to obta~n. reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. In the absolute discretion of my Executrix, she may pa~'such taxes immediately or may postpone the payment of taxes on future or remainder interests) until the time possession thereof accrues to the beneficiaries. ITEM 2. I direct my Executrix to pay the expenses of my last illn~es$ and funeral expenses from the property passing under this Will as an expense and cost of admi~i$tration of my estate. ITEM 3. In the event that my wife, CAROL A. MURICEAK, survi~e~s me, I give and bequeath to hey absolutely and in fee simple all of my household furniture and ~rnishings, " ~ books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment. In the event that my wife does not survivie me, I make said bequest to my children living at the time of my death to be divided among then as they shall agree. ITEM 4. If my wife survives me, my Executrix shall divide my residuary estate into two separate parts, the marital part and the exemption trust. I give, devise andlbequeath the marital part to my wife, CAROL A. MURICEAK. The marital part shall consist o~ that amount which will equal the maximum marital deduction allowable in my estate for federal estate tax purposes, reduced by the final federal estate tax values of all other property interests which pass or have passed to my wife, under other provisions of this will or otherwise and which qualify for the marital deduction. In no event shall a greater amount be allocated to the marital part than is necessary to completely eliminate the federal estate tax in my estate, after considering all other federal estate tax deductions and credits (but only to the extent the use of the stage c~erath tax credit does not increase the state death taxes payable) to which my estate maybe entitled. My Executrix shall satisfy the marital part in cash or in kind, or partly in each, with assts eligible for the marital deduction; assets allocated in kind shall be deemed to satisfy this amount .on the basis of their values as finally determined for federal estate tax purposes, but in no event (shall the date- of-distribution value of such assets be less than the amount of the marital deduction. The exemption trust shall consist of the balance of my residuary estate. If my wife surv~v~es me, I also give, devise and bequeath to my wife, CAROL A. MURICEAK, any property,'~ppwer or interest disclaimed by my Trustees under any succeeding item of this Will. _ ~~ In the event that my wife, CAROL A. MURICEAK, predeceases m~, I give, devise and bequeath all my property as provided in the succeeding ITEM 6 of this 'Will. ITEM 5. I give, devise and bequeath the residue of my estate, of evje~y nature and wherever situate, to my Trustees, IN TRUST, for the following uses and purposes: (a) The Trustees shall pay to or expend and apply for the ~beln~fit of my wife, CAROL A. NIURICEAK, in installments as nearly equal as possible and at 1$ast quarter- annually, all of the net income from this trust. (b) The Trustees shall pay to or expend and apply for the beln~fit of my wife, CAROL A. MURICEAK, so much of the principal as they, in their sole discretion, deems necessary for the proper support, maintenance and welfare of my wife, including medical, surgical, hospital or other institutional care, having in mind both the standard of living to which she has been accustomed and the income available to or for her from other sources.] (c) After the death of my wife, CAROL A. MURICEAK, orl if she predeceases me, then upon my death, the Trust shall terminate and the Trustees ~ha~l distribute the then remaining principal balance to my children, CINDI ANN MURICEAK anal JAMES DAVID MURICEAK, equally, share and share alike. IN the event that one of my children is not then surviving, his or her share shall be distributed to his or her children, if any, in equal shares, or if none, shall be distributed to my surviving child. (d) No part of the income or principal of the property held u$~~er this Trust shall be subject to attachment, levy or seizure by any creditor, spouse, assign~ei, or trustee -3- or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereff. The Trustees shall pay over the net income and principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, pledging or ass~gmment by any beneficiary under a trust, and without regard to any claim thereto or attempted'~,levy, attachment, seizure or other process against said beneficiary. ITEM 6. In addition to the powers conferred by law, the Trustees shall have the following powers: (a) To retain in their absolute discretion and for such period,as to them shall seem advisable, any and all assets constituting the Trust Fund, without liability for any loss incurred by reason of the retention of such assets. (b) To change investments and properties, and to invest and I,r~invest all or any part of the corpus of the Trust hereby established, in such securities, investments, or other property as to them seems advisable and proper, irrespective of whether the same a~~ authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. (c) To sell all or part of the property which at any time may constitute a part of the Trust hereby established, at such time, upon such terms, for cash or on c~edit, with or without security, in such manner and at such prices, either at public or private sale, ~~ to them shall seem advisable and proper, and to execute good and sufficient deeds and bills lof sale therefor. -4- - ~ i ~_ _ _ - (d) To lease any property held by them and for the duration,of the term, irrespective of the provisions of any statute or of the termination of the trust; and td mortgage, pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities qr other property at any time held by them. (e) To borrow money, whether to pay taxes, exercise subscriptions, rights, and options, pay assessments or to accomplish any other purpose of any nature inc~d~ntal to the administration of the Trust hereby established, and to pledge any securities or othe~ lroperty held by them as security therefor. (f) To enforce any bonds, mortgage, or other obligations or ~i~ns held hereunder; to enter upon such contracts and agreements and to make such comprorthises or settlements of debts, claims, or controversies as they may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any shares ofl stock which may at any time be held by them hereunder. (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any corporation, company or association, or to the sale or lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by them thereunder, and to do any act or exercise any power !with reference thereto that maybe legally exercised by any person owning similar prope in his own right, including the exercise of conversion, subscription, purchase or other options, ~,tl~e deposit or exchange of securities, the entrance into voting trusts, and the making of agreements nor -5- subscriptions which they may deem necessary or advisable in connection therewith, all without applying to any court for permission to do so, and to hold, redeem, sell or otherwise dispose of any securities or other property which they may so acquire, irrespective of whether) the same be authorized for the investment of trust funds by the laws of the Commonwealth of Ple~nsylvania. (h) To cause to be registered in their name as Trustees here~nder, or in the names of their nominees without qualification or description, any securities at any #ime held in the Trust hereby established. (i) To determine the manner in which the expenses incidental tto or connected with the administration of the Trust hereby established shall be apportioned as between income and principal. (j) To carry out agreements made by me during my lifetirne,j including the consummation of any agreements relating to the capital stock of corporations owned ti'by me at the time of my death, and including the continuation of any partnership of which I may be a member ~~ at the time of my death whenever the terms of the partnership agreement obligati ~y estate or personal representative to continue my interest therein, and to enter into agreement for the rearrangement or alteration of my interests or rights or obligations under any such agreements in effect at the time of my death. '' (k) To apportion extraordinary and stock dividends receivedlby them between income and principal in such manner as they may see fit; provided, however that all rights to subscribe to new or additional stock or securities, and all liquidating divid~nds shall be deemed to be principal. -6- ___ __ __ -- - _-_ _ (1) To disclaim without court approval any part or all of an~ property, power or interest passing to the exemption trust under any Will, Deed of Trust or ottherwise. The Trustees may freely act under all or any of the powers of this Al~reement given to them in all matters concerning the Trust hereby established, after forming (their judgment based upon all the circumstances of any particular situation as to the wis~s( and best course to pursue, without the necessity of obtaining the consent or approval of any Icaurt, and notwithstanding that they may also be acting as an individual, or as trustee of otherj, trusts, or as an agent for other persons or corporations interested in the same matters, or may b~ interested in connection with the same matters as stockholders, directors or otherwise. The powers herein granted to the Trustees maybe exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive o$'the general powers of trustee pursuant to law, and shall include all powers necessary to carry tide! same into effect. The enumeration of specific powers herein shall not be construed in any w I, 'tto limit or ~' affect the general powers herein granted. ITEM 7. The Trustees of the foregoing Trust shall be my daughter, ~CxNDI ANN MURICEAK, and my son, JAMES DAVID MURICEAK. In addition to other pro~i~sions applicable to trustees generally, the following provisions shall apply to the Trust~e~: (a) No bond or surety shall be required of the Trustees or of ~y successor Trustee who shall serve hereunder. -7- (b) The Trustees or any successor Trustees may resign by am instrument in writing. (c) The Trustees or any successor Trustee may appoint any person, firm or corporation, other than the Testator or any firm or corporation which the Testator Chas an interest, as successor Trustee. (d) Any successor Trustee shall have and may exercise all tl~e rights, powers, duties and discretions conferred or imposed on the Trustee. (e) No one dealing with any Trustee need inquire concerning the validity of anything the Trustee purports to do, or see to the application of any money paid b~ property transferred to or upon the order of the Trustee. (f) No successor Trustee shall be obliged to examine the ac~oiunts and actions of any previous Trustee. (g) No successor Trustee shall be responsible in any way fob any acts or omissions of any previous Trustee. (h) No Trustee shall be liable for any act or omission unless Ithe same be due to that Trustee's own willful default. (i) The compensation to be paid to any Corporate Trustee fo{r its ordinary services as Trustee shall be at the rates prescribed for similar trust services in its stajndard a. ~° compensation schedule in effect at the time of each charging of such compensationu, unless it agrees in writing to a different fee arrangement. Any Corporate Trustee shall receive reasonable additional compensation for all requested or required extraordinary services. It rna~ deduct the compensation at such time or times and from such sources as it may reasonably de~ei-mine. Reasonable compensation shall be paid to any individual serving as Trustee, unl~ssj the individual waives the right to receive compensation. ITEM g. If any income or principal shall be payable to any beneftcijary who shall be a minor or shall be under a legal disability or in the sole judgment of my Executes or Trustees shall otherwise be unable to apply such payments to his or her own best a~~antage (hereinafter referred to as minority or incapacity), my Executors or Trustees shall hold such income and principal during minority or incapacity and shall apply such income an~ principal to the health, maintenance, support and education of such beneficiary during minority) air incapacity without the appointment of any guardian or committee or any authority of court an~ shall make all or any portion of any such payment in any one or more of the following ways:: (a) Directly to such beneficiary. (b) To the legal guardian or conservator or custodian under ~h~ Uniform Transfers to Minors Act of such beneficiary. (c) To a relative of such beneficiary to be expended by such',r~lative for the benefit of such beneficiary. -9- (d) By themselves, expending the same for the benefit of such beneficiary. Any remaining income and principal to which such beneficiary shall be entitled shill be paid and distributed to such beneficiary on the termination of minority or incapacity. ', ITEM 9. If my wife, CAROL A. MURICEAK, and I should die ~t the same time, or in a common disaster, or under such circumstances that it is difficult or impossil~l~ to determine who died first, she shall be deemed to have survived me. ITEM 10. I hereby nominate, constitute and appoint my wife, CAROL A. MURICEAK, as Executrix of my estate. In the event that she is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint CINDI ANN MURICEAK a~d JAMES DAVID MURICEAK as Executors of my estate. In addition to the powers conferred by law, my Executors shall hav~ the same powers granted to my Trustees in ITEM 6 above: ~', M Executors are s ecificall r 1' II y p y e ieved fpm the luty ~r ~yhgati~n •f filing any bond or bonds. ITEM 11. For the convenience of my Executors, I note that this Wi~l'has been prepared by Ronald D. Butler, Esquire and the Butler Law Firm. ~~ IN WITNESS WHEREOF, I have hereunto set my hand and seal to',this my Last Will and Testament, this ~~ day of , A.I., 2007. SEAL) James . Muriceak WITNESS: __ '~.. residing at .3 ~rf ~~~'~'~ 4'~' ~ ~'~1 w .~ ~rQ L~c.R ~ 4 7 <l c~ residing at ,~~~ cam, ~ s ~ ~~ ~ 7 ' ~-` -11- i I COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF DAUPHIN ) pp We, J S D. MURICEAK, ~c~ ~ A-LD ~• ~ y'*~-~ 2 1S~SR ri c N ~ ~~~2-, the Testator and the witnesses respective names are signed to the attached or foregoing instrument, being first duly sworn,. do declare to the undersigned authority that the Testator signed and executed the instn Last Will and that he had signed willingly (or willingly directed another to sign nor he executed it as his free and voluntary act for the purpose therein expressed, and tl witnesses, in the presence and hearing of the Testator, signed the Will as witness as best of their knowledge, the Testator was at that time eighteen years of age or older mind and under no constraint or undue influence. w imess ,, and ~, whose hereby Ghent as his lim) and that ~t each of the l that to the bf sound Subscribed, sworn to and acknowledged before me by JAMES CE. the Testator, and subscribed and sworn to before me by u~~4L~ .~~ ~ ~ ~ f.r~ and .1~ ~NS~t M c ..~. .g u-t-C- F 0~, the witnesses, this ~ ~ da bf ~ , 2007. Not Publi ~' i My Commission Expires: ', rN iArtwu can ~ ~o PubNc ~ of ~ ~- -12- ~ ~ Expilrea 6, 2008 __ _ ~ L_~_