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HomeMy WebLinkAbout02-04-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~'LVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of s.`-~ ~' ?~,,' 1 t" , ~, j -} t Ca t"I (;y. ,Deceased ESTATE NO: 21- ' ~` , '~. ".~'t':~- ~~ alk/a: a/k/a: -_--- alk/a: ~_^_ SS NO•_ ~ ~,-~_ ~ /~ - , e ~_,~r J Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~I A.:Probate and (rant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioners} is/are entitled to the aforementioned Letters __ _ __ _ under the last Will of the above-named Decedent, dated _~~~ r.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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): __ B. Grant of Letters of Administration (lf applicable, enter d.b.n., pendent lite, durante absentia, durante minorit.~t~e)~ C. 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 ((f Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A and cornpJete liist of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein graunds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:- Name Address Relati6ns rr~~tQ Decedent Decedent was domiciled at death in Cumberland County, Penn~ylvar~ia, wi his/her last family or principal residence At ~ ~, ~ ~ ~ ~ `~~' ,~ ~' _i.~f.~ ~ LL r Yt~,1 ~ i ~ i'C r ! 1.~4 ~' ,7,~ I ~ / i 'L,- ---- (Street address with Post Office and Zip Code, Municipality: Township, Borough, City} Decedent, then _`~~ :'~ , ,years of age, died ~ I ,~ 3 ~ ~ :~ ~ l i at ~' ~:~ ~ ~ ; _{~ 1M: + ,l-~~ ~ ____ (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent"s property at death: , , i, _If domiciled in PA All personal property $ ~~ _ __ ~~ r _If not domiciled in PA Personal property in Pennsylvania $ ~ ~ ~-______ _lf not domiciled in PA Personal property in County $ _ __ -Value of Real Estate in Pennsylvania '~ ___ _ Total Estimated Value S `~`~' ~` CI,00 -7 ~ Location of Real Estate in Pennsylvania: (Provide full address if possible.) f ~ l ~ .~ ,t 3~ ~;~ .,t, ~~~, ~`~ ~ ' ~ ~ f' ~; , ,~~~~~ i'_,:~ I -t 't '.~ w~ _. a `'~t ~ _. ~; .T _; LSE ADDITI01:~1_ SNF.E;"1'S IF \ECE SSARY ~~ ~ ~ _w ~ -r~=~ _~ - ; z, ._ I- A ~ r 7 ~,.-~ THIS SECTION !VIt.1S"C BE COMPLETED: -~- -~ "T= ------ -- ---r=r-E-~-- -~ ; ~-._ - f'T7 _~ ~~, Signature(s) '~ame(sj & Mailing .#ddress(es) rntenm rann rcw-t.~~ revt,eex i~...a i~.r by ~umbenancr County penctingacuon by the (-Dort F'a~e I of 2 ),'4 'j (` ~r Oath of Personal Representative CC+N1~10N~~~EALTrI OF PENNSYLVANIA SS COUNTY OF ~_~..t I'i' hi't~ ~ ~~" `~ The PetitionerO above-named swear(sj or affirm(s) that the statements in the foregoi~~ng Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representati~~~e(sj of the Decedent, Petitioner(s) will ~~ell and truly administer the estate according to law. Sworn to or affi-n~ed and subscribed 4 ,~~I ,~~ f ~ ~`I _ ~_i. ~~ be ore i:ne the __`~______ __ day of ~ ~~ af^ ~' _~~ F~,~r the i egister .. Signature of Persona! 1Representative ~ __ Signature oJPersona! Representative ~ :=j i-`'"t ~ _ r -' _. "; . ~ t -1 -- _ ~;-- Signatau-e of Personal Representative _ ~ •~'~` _., _~ __ ~~ , f ~.,.;~ _ - " Cam' ti File Number: 1= ~ ~ ~ ~ ~`~ ;, _ Estate of ~. :..~ 1'~~-~~' ~~~ ~~; ~'l tf i C ~ ~ ,Deceased Social Security Number:.~~ ~~~~~~ ~t,~' _~~~ ,~ ~~ Date of Deat:h:_ ~ ~ ~ >~~w-° ' ~'~ ~ ~__~~. ~ ;: ?, ~`~ ~~~ ~`~ ~~ ~ ~ 3 in consideration of the fore oin Petition sati,~fa~:torv roof AND NOW,~_' ~~.~ ! ~~~~ i g b P- having been presented before me, I IS DECR~ED that~ett rs ~' ~~a~ ~7 !;~, ,'~~C~r ~~~ ~'~,f ~('~ _,~___ ~._ ,. / r are hereby granted to ._ ~ :~~~ ~ ~a ~ ,[~' ~,'~~.~ ~' ,/ ~ _ ____ -_.-- in ti~.e at~ove estate and that the instrument(s) dated ~' ~ -~ ~~~' .~ ~-' - _____~____ _. de~scr.ibed in the Petition be admitted to probate and filed of record as~tl~e last Will (ai~ Codicil(s)) of D~c~dent. i '/ ~ r /' r a`' t l ~ ,'~ ~ ,. j Register ojWi~ ~f7 ' ' - ; > ~' ~' ~~ ~ ~~~ ,~~ ~( Letters ............... ~'-~~ .~._, y ..~- 'r ~. Short Certificate(s) .... ~.... $ ~ ~ __' _ ~~ Attorney Signature: Remrnciation(s) .... ..... $ y ~ Attorney Name: ___ __ ~ ~ - ----- _ .~ _ ____ .`. Supreme Court C.D. No.. _- ____~ ... ~ Address: -- __-^ ... ~ ... ~ ... ~ -- -- -- ~ ~ ~ ~' Telephone: _, __ • ~ 7 r _~. ~~-f TOTAL ...... ,r ~. `. /_ ....... t r-~,~„~ R w-o ~ ,~~~ r o e ~.o~~ Page 2 of 2 LAST WILL OF EDWARD BIANCO Berger Law Firm, l'.C. ~ 104 Market Street Camp Hill, PA 17011 TABLE OF CONTENTS Introductory Clause 1 ITEM I Direction to Pay Debts 1 ITEM II Direction to Pay All Taxes from Residuary Estate 1 ITEM III General Bequest of Personal and Household Effects 1 ITEM IV Outright Gift of Residuary 2 ITEM V Naming the Executor, Executor Succession, Executor's Fees and Other M;~titers 2 1~1aa~;i:~: an Individual Execs±nr 2 Naming :Individual Successor or Substitute Executor 2 Final Succession If Individual Successor Executor Cannot Act 2 Fee Schedule for Individual Executor 2 ITEM VI Definition of Executor 2 ITEM VII. Powers for Executor 3 ITEM VIlI Provision for Executor to Act as Trustee for Beneficiary Under Age Twenty-One 3 ITEM IX Discretion. Granted to Executor in Reference to Tax Matters 3 ITEM X Definitions of Family 4 Definition of Children 4 Definition of Per Stirpes 4 Testimonium Clause 4 Attestation Clause 4 ,-,~ -_. . -- ."_ __: ., ._. - - _ •~ ~. .- >> -, `, -_ - _._. c LAST WILL AND TESTAMENT ~ `~ ~= n ` . - =° _, EDWARD BIANCO _ ~_. ~_ ; - . - -. . . - .> . ~ -. <r~ ~.:~ ,-,~, Introductory Clause. I, EDWARD BIANCO, a resident of and domiciiled in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pen~ls:ylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I have three living children: EDWARD BIANCO, II; CAROL BIANCO H[OLLIS; and LOUISE BIANCO RALPH. ITEii~ I Direction to Pay Debts. I direct that all my legally enforceable debts, sf;cur~ed and unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all estate, i;riheritance, succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and. shall not be charged to or against any recipient, beneficiary, transferee or owner of any such. Property or interests in property included in my estate for such tax purposes. ITEM III General Bequest of Personal and Household Effects. I give and bequeath all my personal and :household effects of every kind including but not limited to furniture, ~lppl:iances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles, and other vehicles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my children surviving me in approximately equal shares; provided, however, the issue of a deceased child surviving me shall take per stirpes the share their parent would have taken had he or she survived me.. In order to decide on the division of this property, (1) my executor, with the input of an appraiser where appropriate, shall place a value on each item; (2) each child or other issue shall select one item at a time until all items desired have been selected, with the order of selection determined in the first instance by selecting a number as in a lottery; (3) Any items not so selected :hall be sold and the proceeds added to the residuary estate; and (4) to the extent the value of items selected by my children or other issue exceeds the value of the items selected by the others, such children or other issue will have their share of the residuary state adjusted so that the combined value of tangible personalty and residuary shall be approximately equal to the share to which they would have been entitled had all such property been distributed as cash. If any beneficiary hereunder is Last Will and Testament of Edward Bianco Page 1 a minor, my Executor may distribute such minor's share to such minor or for such rninor';> use to any person with whom such minor is residing or who has the care or control of ;;uch minor without further responsibility and the receipt of the person to whom it is distributed. shall be a complete discharge of my Executor. ITEM IV Outright Gift of Residuary. I give, devise and bequeath all the rest, residue and. remainder of my property of every kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will, as :follows: 2% of the residue shall go to each of my grandchildren and to their issue, per stirpes, if 1:hey do not survive me; the remaining 88% of the residue shall go to my three children in equal shares and to their issue, per stirpes, if they do not survive me. ITEM V i~maming thr Executor, Executor Succession, Ex~,ca:tor-'s Fees and Otl~e~r i~.afters. The provisions for naming the Executor, Executor succession, Executor's fees and ~~tller matters are set forth below: (1) Naming an Individual Executor. I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament CAROL BIANCO HOLLIS and direct that she shall serve without bond. (2) Naming Individual Successor or Substitute Executor. If my individual Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor who shall also serve without. ~-c,1id shall be EDWARD BIANCO, II. (3) Final Succession If Individual Successor Executor Cannot .~~ct. If my individual successor Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, then the successor or substitute Executor w:ho shall also serve without bond shall be LOUISE BIANCO RALPH. (4) Fee Schedule for Individual Executor. For :its services as F;xecutor, the individual Executor shall receive no compensation but shall be entitled to reimbursement for reasonable expenses. ITEM VI Definition of Executor. Whenever the word "Executor"' or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall 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 or substitute Executtor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. Last Will and Testament of Edward Bianco Page 2 ITEM VII Powers for .Executor. By way of illustration 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 tune held under any provision of this my Will: to allot, allocate between principal and income, as:~ig;n, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make dis,tri.buti.ons or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which a~zy individual could exercise in the management of similar property owned in his or her own right, upan such terms and conditions as to my Executor may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor may deem proper or necessary to carry out the purpOSes t4 ti~iii lll~' `tl~,III. without bd3.ng 11m~ied In a.t~;,~ Nay by the specific grants of pcol~VPr rn_ade, and without the necessity of a court order, ITEM VIII Nrovision for Executor to Act as Trustee for Beneficiary Under Age Twenty-One. If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-one (21) years or if any real property shall be devised to a person who has not attained the age of Twenty-one (21) years at the date of my death, then such share c>r property shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Executor acting as Trustee shall retain possession of the share or property in trust for the beneficiary until the beneficiary attains the age of Twenty-one (21), using so :much of the net income and principal of the share or property as my Executor deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of the beneficiar~r, ,taking into consideration to the extent my Executor deems advisable any other income or resources of the beneficiary or his or her parents known to my Executor. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall lie paid over, distributed and conveyed to the beneficiary upon attaining age Twenty-one (21), or if he or she shall sooner die, to his or her executors or administrators. Whenever my Executor determines it appropriate to pay any money for the benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be paid out by my Executor in such of the following vrays as my Executor deems best: (1) directly tv ci~c; bend" carry; (2) to the legaly appointed guardian of the beneficiary; (3) to some relative or friend for the care, support and education of the beneficiary; (4) by my Executor using such amounts directly for the beneficiary`s care, seupport and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. My Executor as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Executor. ITEM IX Discretion Granted to Executor in Reference to Tax Matters. My Ex~~c~utor as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences Last Will and Testament of Edwazd Bianco Page 3 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; provided, however, my Executor shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of mey 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 state or federal estate tax deductions or as state or federal income tax deductions. ITEM X Definitions of Family. The following definitions shall be used to define the family: (1) Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the ldwrul blood descendants in any degree of tre anc.°stor designated. The terl~-ls "'`child,'` "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first cle€;ree of the parent designated even though such descendant is born after the death of such parent. (2) Definition of Per Stirpes. The term "per stirpes" as used herein has t:he identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. my seal this June 14, 2007. ~' MEAL) EDWARD BIANCO ~lttestatio;i~ Clause. The foregt~il;~g ~Tiil nearing on the margin the signature of the Testator, was this June 14, 2007, signed, sealed, published and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. ~ of /,,~ of ,~c Last Will and Testament of Edwazd Bianco Page 4 ACKNOWLEDGMENT AND AFFIDAVIT OF TESTATOR AND WITNESSES COMMONWEALTH PENNSYLVANIA COUNTY OF CUMBERLAND OF ) Acknowledgment and Affidavit We, EDWARD BIANCO, Carol Hollis and Amy Rinesmith, the Testator and the witnesses, respectively, 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 and that he had signed willingly, and that h.e ~exeruted it as his fre; anal voluntary act for tD'e purposes therein expressed, and that the witrie~:ses, in the presence and hearing of the Testator, signed the Will as witnesses and to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mirl;cl., anti under no constraint or undue influence. EDWARD BIANCO r r __ Carol Hollis, fitness Am 'nesmith, Witness Subscribed, sworn to, and acknowledged before 'i estator and subscribed and sworn to before m~ b~~ C; roi this June 14, ?007. ~/~ ~ " r ,~, jr f 1 me by EDWARD B:[A.NCO, the ~~ll~s and Aa~ny .° ith, witnesses, 4~ y .: _ ,~ ~ L. ~ ,. Edmund J. Berger Pa. Attorney LD. # 53407 - __. _ Last Will and Testament of Edward Bianco Page 5 PROOF OF WILL COMMONWEALTH PENNSYLVANIA COUNTY OF CUMBERLAND OF ) Self-Proving Affidavit ~~~ r j~J On this, the-4~day of June, 2007, before me ~.._.; ~ ~-~.~~ ~ ~~. ; , ~ ~'~ ~ ~~ _ ; f~ ,the undersigned officer, personally appeared Edmund J. Berger, known to me or satisfactorily proven. to be a member of the bar of the highest court of Pennsylvania and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by 'the 1:estator and witnesses. Ln witness whereof, I hereunto set my hand and official seal. _._ __.. ._.~ a ~'~~. ~ ,~=~~~~ (Seal;) ' ~ Notary blic for Pennsylvania My Commission Expires: ~~ .';~ ~~~_r ,~ Last Will and Testament of Edward Bianco Page 6