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HomeMy WebLinkAbout04-26-12ESTATE OF : IN THE COURT OF COMMON PLEAS MARIAN E. GRIFFIE :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ,.~ ~ ~-1 <~ - L~jC` 1 PETITION UNDER SECTION 3102 OF THE PROBATE, '; =; ESTATES AND FIDUCIARIES CODE FOR ~' ~ r -~ SETTLEMENT OF SMALL ESTATE ,~ = ~~ - ~: ~ ~ > =- ,~~, TO THE HONORABLE JUDGES OF SAID COURT: ='; ~ ;; ; c~:.~ Leon E. Bucher, William G. Griffie, Jr. and Joseph W. Pompeo, your Petitic~iers, file this Petition for Settlement of a Small Estate under the provisions of Section 3102 of the Proba`[e, Estates and Fiduciaries Code and in support thereof avers that: (1) Your Petitioner, William G. Griffie, Jr. is a competent adult residing at 184 Pine School Road, Gardners, Pennsylania 17324, and is the brother of the above decedent. (2) Your Petitioner, Leon E. Bucher, is a competent adult residing at P.O. Box 49, Peru, ME 04290, and is the brother-in-law of the above decedent. (3) Your Petitioner, Joseph W. Pompeo is a competent adult residing at 609A Geneva Drive, Apartment 30, Mechanicsburg, Pennsylvania 17055, and is the son of the above decedent. (4) Marian E. Griffie (formerly known as Marian Pompeo), died on March 4, 2011 at the age of 65 years, but prior thereto was last domiciled at 8 Joseph Drive, Boiling Springs, Pennsylvania, Cumberland County, Pennsylvania. A copy of Decedent's Death Certificate is attached hereto as Exhibit "A." (5) Marian E. Griffie died with a Will. No Letters have been issued. Decedent's Last Will and Testament is attached hereto as Exhibit "B." (6) Marian E. Griffie had no probate estate when he died other than the following: Savings Bond -Series EE with a value of $166.48. A copy of the Savings Bond and Inventory Report is attached as Exhibit "C." (7) The sole heirs and relationship to the Decedent are as follows: ~~ -."> -~ -'; ~ .., -,=, ~,~ C3 Joseph W. Pompeo, Son (8) Your Petitioners aver that there are no creditors of the Decedent and there are no claims unpaid known to Petitioner. WHEREFORE, your Petitioners respectfully requests that an Order be made authorizing William G. Griffie, Jr. and Leon E. Bucher to act as Fiduciaries and cash the Series EE Savings Bond, pursuant to Section 3102 of the Probate, Estates and Fiduciaries Code. By Matth 'v A. McKnight, Esquire Supreme Court I.D. No. 93010 IRW1N & McKNIGHT, P.C. 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND William G. Griffie, Jr., Leon E. Bucher and Joseph W. Pompeo, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and correct to the best of their knowledge, information and belief. (SEAL) William G. Griffie, Jr (SEAL) Leon E. Bucher (SEAL) Joseph W. Pompeo Swo nd subscribed before me this~~ day of April, 202. ~ ;' Nota Public v twbn~ s.M ~~ ~o~ H IIl~X115121=.V /rll lll~~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate., ~6.(lU P 17115674 Certifir)tion I~umher I ills is to certity that the int<xmation here given is correcih~ copied from ;(n original Certificate of Death duly filed ~~~ith Inc ,IS Local Registrar. The original certificate ~><~ill 17e ti)rwarded to the State Vital Records Office fur Ix~)manent filing. ,::~ i~A ~! 2 201 ~ I~cical Registrar ~ Date issued i105-1 a7'REV 11I20ad PIPE/PRINT IN PERMANENT BLACK WK In C.~.-. /.L V U 0 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instructlons and examples on reverse) STATE FILE NUMBER 1. Noma d Dasadera Iwx middle, IasL sufy 2. Sas 3. SadN Sewrly Number 4. Dale of Death (Mmlh, day, year) 195 - 38 - 8816 March 4, 2011 s. Ape 1Laa1 BkOWay) under 1 yen UMar 1 6. Date d Binh lMmw, G , ar) 7. Bkdplue lC' acct aWe or Iweign Ran d DaW (Check noel auraw wn naas sauu ~ saala.b om.r: 6 5 Yfe March 1.6 ; 19 ~ 5 T eb ono n , P a , ^,,,p~.,,, ^ ER / alwgad ^ DOA ^ raaabg Roma ~ Rasidarla power ~ sl>~r • t$ Canny d Deaw Ba Gy Boro d Dom Bd FadRy Name (B nd hSYdian, glue NreN entl ntartar) 9. Was DeuGd d tfMparac Odgin? ®No ^Yes 10. Ran: American h,dM, &ack While. ek oty„spaayCwen ISanr Cumberland 50. Middleton Meskan. Puerto Pisan, Na) 8 Joseph Dr. White I I. DeadMA's Usual lion (ItiM d mall Bona ~ meal d ~ tga Do Ml smea sNbad 12. wn DacNNn1 ever is tM 13. DeceGM's Educaam ISpedly adY hghasl Wade wmpktetl) 14. MuiW Slaau: Married. Never Manietl, 15. Burviving Spouse (II wile, give maiden name) NiM d Wok Nird d Brrynea f krwWry U.S. Armed Facaa7 EMmenlary! Secondary (D•12) Cdlege (1.4 or 5+) YYbowed, Divacad (~~') Pa roll of ^Y~ ~+a 12 rse 2 rs Married Charles 0. Griffie - 16 Deadvlll Matig Address IStreN. dry / bwn. able, sip coda) Deceded's Ditl OecaderK 7yy DacadadliwdN South Middleton (T,~' ,ia lXlYn Pa i 8 Joseph Drive . . _ ~? dennnaSWe AdWRas Boiling Springs, Pa. 1 7007 'm.Damy t,y7mhF+r1 and 'T0'~ noi°~lal""ad'~" cgyrBpm I& FaarrY Name (Fmt midde, bsl suOW to Ma1MYa Nama (FNN, nedde, majdan eumarm) k 20a. ldpmsd'f Name (Type! Print) 20b. InbrrmrA'a MaiMeg Adtsasa (Saeal by /ban. sNN. alp code) Charles O. Griffie 'n Pa 17007 21a MewoO d Wposlim j ^ Gemagm ^ Oonagon 21D.ONe d DisposPoas {Mmw, day. year) 21c Pbce d DispwMwl nlame d umrebry, aemalay or other plus) 210. Locakm (Ciy l lawn, sMla. zipcoda) -. ^ ~] B~Q Rxrovallmmsnb ~hasCrsma~M~onaU~IhorizM^Ysa^Na .y~rch ~ MteHoll S rin s Cemetery Mt.Holly Spgs.Pa.17065 22a d Fmeral Sarvim l.icara (m acting ) 22b License Numbar 22c Nam and Addreea d Fappy 5 01 N . Ba t 1 mor a Ave . - - FD-011937.-L rin s Pa. 17065 N Moms 23ac gray when candying 23a io me heN , Gaw acaarad N W Wr, dale an0 pMn sbNd (Sigmlure acct Ii1N) 23b. License lasmttu 23c Data SIgnN1 (tAmw, day, year) caalywuadea~rNtunadaeanb (., (U..U. a ~ Ix..ly/ ~•,~~r ~ Jf-~r ry /D I \ .~ I' MNm 2a~2B muss W canpkled by perm 24. Tam d Deah 25. Dale PrlstprKetl Dead (Ma nn day, year) Medral Esamimr! Crooner la a Re an Over Ihan Gematian or Donation? 2& Wes Case Relerra b who Mmourcas GNh. ft'~~ I 5,'55 1']M~ ^Yes No CAUSE OF DEATH (See instructions and asam lea) ~ ApproxhWa inbrak Pan II: Eder dMr aiazamd apldlliona mdraruena to deem. 2B. Old Tobacco Use Cmlraula to DeNh? turn 27. Pan I: Enla Ina than d evmu - tliseases, kquies, m comgicatlak - dial dredy caused Ula dram. DO NOT enter IerrlanN evBrlla sbdr as cardiac arrrsl t Onae1 b Deem bus nM rnuNrq in tiro undartying ease gran m Pan 1. ^Yes ^ Probably tespkalary arteY, a varaANar 1Ereuean wimW showing ea alialogy. 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Ilgury al Work? 321. fl Tnneponakan bYnY (SPecdY) ^PeGalrien ^ P a e I ^ 32g Laalion of Injury (SIreN, pgY /sown. stale) ` ^ SuviG ^ Caisd NN Ds PeNrmined ^Yas ^ No ass g r Dover Operalm M Omar • Spedy: 33a. Certifier Idack ody met 33b. SiguWra and Pv4 d Cenikar • Certilyirg pnysfcian (PMsidan terYlykq nusa d deem vdwn andher phyvoan has praqunced Gam arN cwroNlad mm 23) Gah aeeuwM dw to IN cawelal and martyr as sbted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____________ To the boat of mY kneMedge _ _ . ~- _ , _ _ • Prorwuncing and <enNying phyaieim (PNysioan bwh ponomdng Gam ak ceniyiig N cause d deem) ^ 33e. Ucenu Nwnbar 33tl. Dale Sigurd IMmw. Gy, Year) To IM Wsl of my kmwkdge, Gam accurted al the Ilme. Gle, and pbu, and due b IM rauae(a) and nbnmr as shied,. _ _ _ _ _ _ .. _ _ _ _ _ _ _ _ _ ~. ~S • Medial E /C n i ' / er xam ner oro On W laNS d examinatim and / m Investigation, in my opirdon, death ucurred at the Ilma, dale, and place, and Ge to fhe case(s) sod manner as slatad_ ^ 3d. Name aM Address d Persm Who`~~~,,,' elect'Clause d Death (Item 27) Type / Prnl ' ~ I rn '- J " D 3b. mr's Sgblure andy~Iri ,qumber naG•~-.~/ ~1t.~Z/ ~ I ~ ~ I ~I ~ I~ I 3fi. D b Flied (MOdh. tlaY. Yeal ~n,reG- 7 Zof! - btV \ U -[F L~s t M r ^ ~ l~ ~ ©~ e .za~o ~. Ir> •~ 2~t f}s ~I-s 9/ Dispnsilon Permit No. 45~ 7~' s 7 I~1ST WILL AND TESTAMENT of Marian E. Griffie I, MARIAN E. GRIFFIE, of South Middleton Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or ~~~~~ Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I devise and bequeath all of my estate of every nature and wherever situate to my husband, CHARLES O. GRIFFIE, providing he shall survive me by thirty (30) days. FOUR. Should my husband, Charles O. Griffie, predecease me or die on or before the thirtieth (30th) day following my death, then all of my estate, real, personal and mixed, wheresoever situate, of which I may be entitled at the time of my death and any property over which I may have or may hereafter acquire any power of appointment, I give devise and bequeath to my son, JOSEPH W. POMPEO, to be held IN TRUST, together with any other assets received by the trustee (hereinafter collectively referred to as the residue), under the following terms and conditions. A. If JOSEPH W. POMPEO is then living, the trustee shall hold all the residue of my estate in a separate trust for the primary benefit of my said son, who is disabled. In providing for the establishment of this trust for the benefit of my said son, I am aware of the special circumstances and disabilities affecting JOSEPH W. POMPEO which may cause or will cause him to be eligible for various local, state and federal benefits and entitlements, as well as possible assistance provided by various private agencies and organizations. The primary purpose of this trust is to assure that JOSEPH W. POMPEO achieves his maximum potential and leads as full, independent and normal a life as possible. To that end, it is my wish that the trustee view himself not only as trustee in the traditional sense, but also as protector, guardian 2 and advocate for my said son. Correspondingly, the trustee shall expend the income and principal of the trust in ways that best further these goals, and under the following terms and conditions. 1. The trustee, within his complete and unfettered discretion, shall apply the income and principal of the trust in furtherance of the purposes of the trust as set forth in Paragraph A. above and generally to enhance the life of my son, JOSEPH W. POMPEO, if living, but only to the extent not provided for by insurance or by Federal, State, Local or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. To the extent that benefits are not made available to JOSEPH W. POMPEO for other than basic living expenses, including food and shelter, the trustees, in their absolute discretion, may distribute from income and principal, for the benefit of JOSEPH W. POMPEO, for his needs other than basic support. Any income not so expended shall be accumulated and added to principal. For the purposes of this provision, non-support purchases include, but are not limited to dental care; unreimbursable medical and dental expenses, not covered by Medicare or Medicaid, including plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative training and experimental medical services; psychiatric/psychological services; occupational therapy; prosthetic devices; dietary needs and supplements; custodial care or supplemental nursing care; recreation, cultural experiences, outings and travel, including payment for others to accompany JOSEPH W. POMPEO; telephone and television, including cable television; reading and educational materials; Internet access; exercise equipment; unreimbursed therapy; purchase of a primary 3 residence and related insurance. The trustee's discretion in making distributions authorized hereunder is absolute with regard to distributions from the trust estate, and shall be binding on all interested persons. The income and principal of this trust may therefore be used as judged necessary and appropriate as a supplement to, but not to supplant, such Federal, State, Local or other assistance, and to the extent the income of this trust is not used, the trustee may accumulate the income and add it to the principal of the trust. This trust is for the primary benefit of my son, JOSEPH W. POMPEO, and his present and future needs shall be considered first. 2. The trustee is empowered to collect and expend on behalf of my said son JOSEPH W. POMPEO, all governmental financial assistance benefits to which he is otherwise entitled; provided that such funds shall not be co-mingled with the other funds of this trust. 3. In the exercise of discretion with respect to income and principal distributions for JOSEPH W. POMPEO, if any, the trustee shall bear in mind my express desire to preserve, to the greatest extent possible, this trust's assets for the benefit of my son, JOSEPH W. POMPEO. The foregoing sentence is in no way intended to limit the sole and absolute discretion of the trustee with respect to such distributions or to give any remainderman any right to challenge any distribution made by the trustee in the proper exercise of such discretion. Rather, said sentence is intended to aid the trustee and any Court or administrative agency in properly interpreting my intent in establishing this trust, namely, that the needs of my son, JOSEPH W. POMPEO, be provided for only to the extent that governmental benefits and entitlements and other resources are either unavailable, inadequate, or have been exhausted. 4 4. If for any reason, the special circumstances and disabilities affecting JOSEPH W. POMPEO should cease to exist, such that he will no longer be eligible for various local, state and federal benefits and entitlements, as well as possible assistance provided by various private agencies and organizations, then it is my wish that the Trustee, at his complete discretion, elect to terminate this trust, and distribute the remaining principal and interest to directly to my son, JOSEPH W. POMPEO. 5. If any governmental agency determines that this Trust is an "available resource" to be utilized and exhausted to pay for services for JOSEPH W. POMPEO, otherwise provided by public funding, then the trustee may, at his complete discretion, elect to terminate this trust, in which case the trust assets may be distributed in accordance with paragraph six (6) below as if my said son, JOSEPH W. POMPEO, was then deceased. 6. Upon the death of my said son, JOSEPH W. POMPEO, or in the event he should predecease me, the principal of this trust as then constituted, together with any accrued and undistributed income thereon, shall be distributed in the following manner: A. One Hundred (100%) percent thereof shall be distributed, in equal shares, unto the children of my son, JOSEPH W. POMPEO, per stirpes. B. Should my son, JOSEPH W. POMPEO die without surviving issue, then One Hundred (100%) thereof shall be distruuted, in equal shares, unto my brother-in-law, WILLIAM G. GRIFFIE, JR. and my brother LEON E. BUCHER. 5 C. If, at the time of distribution, any income or principal shall be payable to any person who is under the age of twenty-one (21), the trustees shall hold such income and principal until such person reaches the age of twenty-one (21) and shall be entitled to apply such income and principal to the health, maintenance, education and support of such person without the appointment of any guardian or committee or any authority of court. D. All shares of principal and income shall, until actual distribution to the respective beneficiaries, be free from the debts, contracts, alienations and anticipations of any beneficiary or beneficiaries, and the same shall not be liable to any levy, attachment, execution or sequestration. E. Upon the death of any income beneficiary, any accrued, accumulated or undistributed income held or received by the trustee shall be paid to the person or persons for whose benefit the principal producing such income is continued in trust or to whom such principal is distributed under the terms hereof. F. All dividends on shares of a corporation, forming a part of the principal, which are payable in the share of the corporation itself of the same kind and rank as the shares on which such dividend is paid shall be deemed principal. FIVE. I nominate and appoint my brother-in-law, WILLIAM G. GRIFFIE, JR., and my brother, LEON E. BUCHER to serve as Co-Trustee, or the survivor of the as Trustee, of the trust created in Paragraph Four of this my last will. 6 SIX. I nominate and appoint CHARLES O. GRIFFIE, to be the Executor of this my Last Will and Testament. Should he fail to qualify or cease to act as Executor, I appoint my brother, LEON E. BUCHER, and my brother-in-law, WILLIAM G. GRIFFIE, JR., Co- Executors, or the survivor of them, executor of this my last will. SEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (30} days. EIGHT. No Executrix, Executor, Trustee or Guardian acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINE. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. TEN. The validity and administration of any trust established hereunder and any questions or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ..,,~~ day of November, 2010. ~`' ~ (SEAL) MARIAN E. GRIFF Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. ~~~~~ 4~1 8 ACKNOWLEDGMENT AND AFFIDAVIT WE, MARIAN E. GRIFFIE, MATTHEW A. MCKNIGHT and TRACI D. SMITH, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ~- MARI NA E. GRIFFIE AT EW . MCKNIGHT TRACI D. SMITH COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: Subscribed, sworn to and acknowledged before me by MARIAN E. GRIFFIE, the testatrix herein, and subscribed and swo to before me by MATTHEW A. MCKNIGHT and TRACI D. SMITH, witnesses, this~~~ay of November, 2010. 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