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Home My WebLink About12-01-11PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully rtgquests the grant of Letters in the appropriate form: Decedent's Information ~~ ~(~ Name: Chester F. Zeta File No: 21-11 0 a/k/a: (Assigned by Register) a/k/a: a/kla: Social Security No: 186-16-7716 Date of Death: 11!18!201 ~ Age at Death: 89 Decedent was domiciled at death in Cumberland County, pA (State) with his/her last principal residence at 500 Be con Hill Road, New Cumberland 17070 New Cumberland Cumberland Street ad ress, Post OKce and Zip Code City, Township or Borough County Decedent died at Spring Cr~ek Rehab 8r Health Center Harrisburg Dauphin PA Street address! Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent'slproperty at death: If domiciled in Pennsylvania ...................... All personal property $ 100.00 !foot domiciled in Pennsylvania ................ Personal property in Pennsylvania $ If not domiciled in Penn$ylvania ................ Personal property in County $ Value of real estate in P$nosy/van/a ................................................................... $ 10,500.00 ~ TOTAL ESTIMATED VALUES 10,600.00 Real estate in Pennsylvania situated at Q LOts - 05-0-0001-0074 &-0452 Cherry Ridge Township Wayne (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Eiorough County ® A. Petition for Probate and Grant of Letters Testamentanr Petitioner(s) aver(s) that heVshe/they is/are the Executor(s) named in the Last Will of the Decedent, dated 02/15!2010 and Codicil(s) thereto dated State relevant circumstances (e.g., renunciation, death of executor, etc.) Except as follows: after the xecution of the instrument(s) offered for probate, Decedent did not mar was not divorced, was not a party to a pending divorce proceeding wherein~the grounds for divorce had been established as defined in 23 Pa. C.S. ~~3323(g), and did not have a child born or adopted; and Decedent was! neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ~ EXCEPTIONS ^ B. Petition for Grant of L~tjers of Administration (If applicable) c. t. a., d.b.n., d.b.n.c.t.a., pedente lice, durante absentia. durante minoritate If Administration, c.t.a ord.b.n.c.t.a., tenter date of Will in Section A above and complete list of heirs. Except as follows: Deceden was not a party to pending divorce proceedin wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever ad9udicated an incapacitated person. ® NO EXCEPTIONS ~ EXCEPTIONS Petitioner(s), after a proper earch has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necess~ry): :.• Name Relationship Address '~_~ " '~ . ., - _ .-. _ ; _ , ... 7 - "-~. Form RW U2 rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2 HI05905 REV.(8111) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statisti..s Law of 1953, as amended. WARNING: It is illegal to duplicate this copy by photostat or photograph. 6509630 No. Marina O'Reilly Matthew State Registrar NOV 2 2 2II11 Date ~~ -, ::,~ ,, _'..j anasln nEV 118000 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS ~~ CERTIFICATE OF DEATH ~.~ ry /Srr Inrtruetlena nad rxamolos on nvaN) a 1.rr.dDad~t (rM nitlse. rd..+9 2Br a8adY 8eoudy NRbr aardorn panrt 6a.>rA. CHES F. ZERA M 186 - 16 - 7216 NOVEMBER 18 2011 s Ape M1+d rsrtlM Wdtl 1 1 6 Dor a 9tlp 1. rtl tlr ar ea Prr d ~ tlere aqe xr. arw Fbephe Oewr. 89 Yn. FEBRUARY 2,1922 SCRANTON, PA ^ ^asa~ ^ooA L79 iwr ^wrarr ^ahr• • ea aurr a trn r. ay, rao, a Deco ea rrw,Nrr (r nol bertlr, dw dndr6nnerr) r. Wr DerAat a slgrilo Qyp4 N• rr la aoc M~.kr ran era wi+r, do. ~ ~ DAUPHIN HARRI BURG WHITE .tlU SPRING CREEK REHAB.fi HLTH.CARE A*b 11. D.a.6efe drsk6re d Y Cerlder 12 Yh. 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ZERA, having my legal residence at 500 I3eacon Hill Road, New Cumberland, Cumberland- County, Pennsylvania, hereby declare this 1:o be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE ~'~ ~:_- _ ~~ -.,, -_ -> I declare that I am not married. _ - ARTICLE TWO ~ _ I have one (1) child, my daughter, MICHELENE Z. MALOSH. - - ' `~'~' ~-~~> ~~ ARTICLE THREE I direct the payment from my estate of the expenses of my last, illness and funeral as soon after my death as conveniently maybe done. ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon to my daughter, MICHELENE Z. MALOSH, per stirpes. ARTICLE FIVE I give the rest, residue and remainder of my estate to my daughter, MICHELENE Z. MALOSH, per stirpes. ARTICLE SIX If any person or entity, singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of my Will, including any Codicils thereto, then the right of that person or entity to take any interest in my Estate or to act in any fiduciary capacity shall cease, and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. ARTICLE SEVEN If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE EIGHT No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or~ her interest in this Will or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE NINE Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirer~ient Account ("IRA") assets which comprise my estate cause my estate to be 2 disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qua ified Retirement Plan or IRA assets. ARTICLE TEN I appoint my daughter, MICHELENE Z. MALOSH, as Executor of my Will. ARTICLE ELEVEN I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to. mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To'invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To lmanage, control, repair and improve all real property; 3 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed aidvisable by the Executor to protect the Executor and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, cage,. administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the estate until final distribution of the estate assets; and 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the .property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter bye conferred on them by law or that may be necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, .subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any effected persons. I rely upon my fiduciaries to take into consideration the total income and estatee taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and princi~al as a result thereof. 4 ARTICLE TWELVE I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid !from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes can any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. .~'~,.~ IN WITNESS WHEREOF, I have this ~ day of February, 20:10, set my hand and seal to this my Last Will and Testament, consisting of five (5) pages. ' `" .~ CHESTER F. SIGNED, SEALED, PUBLISHED and DECLARED by CHESTER F. ZERA, the above named Testator, as and for his Last Will and Testament, in the presence; of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ,, Residence ~~ ,•~ h~~;~ .~h <.._ ~,~.~C.,,C. ,Z ~~,iL/' ~ ~ .Residence -~~~~~~1' . V~ 5 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, CHESTER F. ZERA, ~,~~,~./~( /! SPP ~~ . _ and _ JU- ~ I ~ K ~ L'Y"~['~ Testator and witnesses, respectively, whose names are signed to the; attached and 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 he executed it as his 'free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~a . E Testator ESS ~~~ fLJ WITNESS Subscribed and sworn to and acknowledged before me by CHESTER F. ZERA, the Testator, and sul~'scribed and sworn to before me by ~ C'p. ~C~ rz4 ~ ~kh~ and t )Lt,~l I t' ~ ~~~ r~ ,witnesses, on this ! S~day of February, 2010. otary Pub is C TH OF PENNSYLVANIA Nomdal3eel ~heryl L. PJfker, NbttNY Public U ANen twp., CumbrAand County Ommiuion Ex Jan. 13, 2011 MwribMt OnftiyWYfIIM AMOnI~n Of olorkc