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HomeMy WebLinkAbout03-07-13 Reset PETITION 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 request(s) the grant of Letters in the appropriate form: Decedent's Information //`` ,, Name: GRACE B FEDYK File No: ~ ~ ~ -- C.~(~ a/kla: ( ssigned by Register) a/kla: a/k/a: Social Security No: Date of Death: 02/03/2013 Age at death: 92 Decedent was domiciled at death in CUMBERLAND County, pA (Stare) with his/her last principal residence at 18 LAUREL DRIVE UPPER ALLEN TWP CUMBERLAND Street address, Poat Otnce and Zip Code City, Township or Borough County Decedent died at 2880 HORSESHOE PIKE CAMPBELLTOWN LEBANON PA Street address, Post Ofnce and Ztp Code Ci[g Township or Borough County State Estimate of value of decedent's properly at death: Ijdomiciled in Pennsy!vania ........................... . All personal property $ 26,000.00 Ijnor domiciled in Pennsy!vania ....................... . Personal property in Pennsylvania $ If not domiciled in Pennsy!vania ....................... . Personal property in County $ Value of real estate in Pennsy!vania ..................... ................................... . $ TOTAL ESTIMATED VALUE... . $ 26.000 00 Real estate in Pennsylvania situated at: (Attach additional sheets, if necessary.) ® A. Petitia Petitioner(s) thereto dated Street address, Post Oface and Zip Code City, Township or Borough County is/aze the Executor(s) named in the last Will of the Decedent, dated 02128/20f¢~r~ and Codicil(s) Sete relevant circumstances (e.g, renunciation, death of executor, etu) Ezcept as follows: after the execution ofthe instrument(s) offered far probate Decedent did not marry, 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(8), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTTONS 0 EXCEPTIONS © B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., r If Administration, c.Ga or d.b.n.c.t.a., pendente lire, durance absentiq, durance minoritate Except as follows: Decedent was not a party [o a pending divorce proceeding wherein the grounds for di~ca~ad been in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated persoa~p D ~ NO EXCEPTIONS ©EXCEPTIONS ~ Txf Petitioner(s), after a proper search has/have ascertained that Decedent left no W ill and was survived by the fol~ai~ sp'o5sse (~. additional sheets, if necessary): :7 r,;y ~ ; c~ c iz m -m r® s~efined Cr3 :l ._, C-.s ~'t 'rt - -rt Name Relationshi A~ r ~ r~_ Pre D O Cn O O 'fl Form RW-07 .ev. toiluzorr Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } ss: COUNTY OF CUMBERLAND RE EO OFFICE Of .moo nG +~31LLS Petitioner(s) Printed Name Petitioner(s) Printed dr PAUL J. FEDYK 1155 GREENWOOD DRIVE HZ} OWN PA 17036 CLERK 0 ORPNA A CU The Petitioner(s) above-named swear(s) or affirm(s) the statements i the oregmn tition are [rue and cortect to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Dece 1 re etiti Her(s) will well and tmly administer the estate accord'ng to law. Sworn to or affirmed and subscribed before Date 7 ~ me this ~ day of /~ . (n- .~'k "S r,e.o For the Date Date BOND Required: ®YES ~O FEES: Letters ................ (~ )Short Certificate(s) ...... $ qC~ ...... ~ ~ ( )Renunciation(s)... ..... . ( )Codicil(s) ....... ..... . ( )Affidavit(s)...... ..... . Bond .................. ...... Commission ............ ..... . Other ... .....~ J ... Automation Fee ............... .5 JCS Fee ..................... TOTAL ..................... $ yyvv-9-bB- ~00- DECREE To the Register of Wi[!s: Please enter my appearance by my signature below: Attorney Signature: Printed Name: ~ J[c~Cry Q - K~ DAtL Supreme Court ID Number: ~/ '/ Firm Name: Kos alp ~~ ~~~r~,j~~ Address: tl7 o-n T 64 ri / 7/0/ Phone: ~~ ~~ Z ~~~ ~/,1"y Fax: ~/7"2 ~'"~/Y~ Email: p/~Oa4lc®~o a~' L/1Gur Gp N1 OF THE REGISTER Estate of GRACE B FEDYK File No: p(I - ~ ~/ ~~ a/k/a: AND NOW, ~~~ ~ ~ QSUI 3 , in consider lion of the foregoing Petition, satisfactory proof vtng been presented before me, IT I EC ED that L hers are hereby granted to ~~l ~_[_,f ( ~~~ e above estate and (if applicable) that the instrument(s) dated } descnbed m the Petthon be a itte to probate and filetj~63~cord as the }a~t,~'ill (and Codicy1ZsIt1 oSPecedent. Form RW-01 reg. ~onuzou \ 11 Page 2 of 2 A LAST WILL AND TESTAMENT ~ o c~~t a0 _- `" n ^' c~ " W ~ J q r G ;n OF .. ~. c:~ a r m ~,~ _ r ',,ry GRACE B. FEDYK ~"' c~ ~; - ~ ~ „r J ~. _.~~ f,~_ YPI I, GRACE B. FEDYK, now of 18 Laurel Drive, Mechanicsburg, Cumberland ~unty? Pennsylvania, 17055, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Familyand Background Information. I am not currently married. My children are JAMES P. FEDYK and PAUL J. FEDYK. Throughout this Will, JAMES P. FEDYK and PAUL J. FEDYK, will be referred to as "my children" or "my sons". The word "issue" will include my children as well as my other descendants. (B) Appointment of Executor. I appoint as my Executor and successor Executor (all hereinafter referred to as Executorthroughoutthis Will), the following named persons without being required to account to any Court: Executor: My son, PAUL J. FEDYK. Successor Executor: My so JAMES P. FEDY~ U lac. EIS ~'~' (C) Inter Vivos Trust. The inter vivos greement referred to in this Will is entitled "THE FEDYK FAMILY TRUST", by and between myself as Settlor and myself as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness ExQenses: Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and ~~ ~/~,.~ LAST WILL AND TESTAMENT OF GRACE B. FEDYK PAGE 2 penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Pazagraph FIRST (C), above. THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my sons, JAMES P. FEDYK and PAUL J. FEDYK, living at the time of my death. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to be held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: ~ n n, ~. LAST WILL AND TESTAMENT Q GRACE B. FEDYK PAGE (A) In the management, Gaze and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (I) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any teen notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, chows in action, real estate or improvements thereon, and any other properly as the Executor may deem best, without regazd to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and cant' on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any ~j corporation in which the Estate may haue an interest and to carry on the business~there~of, to ~L ~~_ LAST WILL AND TESTAMENT Q GRACE B. FEDYK PAGE 4 join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remaitt a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, properly or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable Gaze. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guazdian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into sepazate trusts or shazes, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regazdless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in makittg such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will at an adequate rat of ~. LAST WILL AND TESTAMENT GRACE B. FEDYK PAGE 5 interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (F) The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be chazged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to chazge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair mazket value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (n Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be eld ~~ Gl~i LAST WILL AND TESTAMENT 2 GRACE B. FEDYK PAGE 6 jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Riehts and Liabilities of Executor and Trustee. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. SEVENTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632{a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal •~- , ~G2~~_ LAST WILL AND TESTAMENT Q GRACE B. FEDYK PAGE 7 in my estate shall be made as a result of such decisions. EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: Definitions and General Provisions. (A} Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) a 'ons. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) hil r n. As used in this Wffi, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as Iiving at the death of his parent. The birth tome or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated, alt references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. ~j. ~ , ~~~ LAST WILL AND TESTAMENT GRACE B. FEDYK PAGE IN WITNESS WHEREOF, I, GRACE B. FEDYI{, the Testatrix, haveto thismy Last Will and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my hand and seal this 28`" day of February, 2002. GRACE B. FIDYK ; ~ Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and eight (8) other consecutively numbered typewritten pages including the Acknowledgu~nt and Affidavit. residing at C.. o r~ G ~ / ~"! _ (print name) residing at __ ~~itQ~`l (~f 1 (pent ame) ACKNOWLEDGMENT AND AFFIDAVTT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The Testatrix and the witnesses whose names aze signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; 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. \ , Witnes, Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this 28`" day of February, 2002 ~ J VW Notary Public My Com?n±~cion Expires: Notarial Seal Terf 1. Welker, Notary Public Lemoyne Boro, Cumberland County My Commlasbn Expires Jarr. 20, 2003 Member, PennsyNanla Association of Notarise