HomeMy WebLinkAbout01-30-14 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 Q
Name: Edward J. Simko File No: _ M Is
a/k/a: Edward J. Simko, Sr. (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 11/27/2013 Age at death: 81
Decedent was domiciled at death in Cumberland County, PA (State) with his/her last
principal residence at 4182 Elk Ct., Mechanicsburg PA 17050 Hampden Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Harrisburg Hospital City of Harrisburg Dauphin PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
I fdomiciledinPennsylvania................................All personal property $ 215.000.00
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value of real estate in Pennsylvania.............................................................. $ 0.00
TOTAL ESTIMATED VALUE.... $ 215,000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,ijnecessory.) Street address,Post Office and Zip Code City,Township or Borough �- County
C —�= M
® A. Petition for Probate and Grant of Letters Testamentary C_ a Q6
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated /7007.7 —ln�lTodicil(s)
C-3
thereto dated
t> Z O � o
State relevant circumstances(e.g.renunciation,death ofexeculor,etc.) - O O
iinot ri Except as follows:after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not d,-was no;4arty�ap`�_nding
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g), have lrehild born
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. --I a rte- rn
M NO EXCEPTIONS El EXCEPTIONS a
❑ B. Petition for Grant of Letters of Administration(ifapplicable)
al.a.,d.b.n.,d.b.n.c.t.a.,pendente life,durante absentia,durante minorilate
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.
Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. "
❑ NO EXCEPTIONS ❑EXCEPTIONS
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(attach
additional sheets,if necessary):
Name Relationship Address
Farm RW-02 rev.10111/2011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
1310 Abington Way
Thomas A. Simko Mechanicsburg PA 17050
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Dece n/t .c etWner ill w ell and truly administer the estate according to law.Sworn to o affirmed a d subscribed before 1t Date / 3o d b(v
me this in day,of 2014 Date
By: Date
For the Register Date
BOND Required: ❑ YES M NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters. . . .. . . . . . . . . . . . .. . . . . . $ 4 Q Attorney Signature:
(8 )Short Certificates(s) . . . . , .
( )Renunciation(s) . . .. . . . . . .
( )
Codicil(s) Q
( )Affidavit(s). .. . . . . . . . . . . m
Bond . .. .. . . . .. . . . . . .. .. . . . . . .
Printed Name: all M. Wlnek�saulre `j M o
Commission . .. . . . . Supreme Court Co ro
Other ID Number: 58802 Im � n ra
n r— w rn
��— Firm Name: Purcell, Krug QHefflerf"01 CD rn
Address: 1719 North Fret Strgt —n —n �-
Harrisburg
—1 CD o
• • • .• .. .. Phone: (717) 234-417$ '
. .... .. . . Fax: (717) 783-4939 r
Automation Fee . . . . . . . .. .. .. .. . . S Email: jwineka pkh.com
JCS Fee . . . . .. .. .. .. . . . .. . . .. . . x.3.50
TOTAL . . . . .. .. .. . . . . . .. .. .. .$
DECREE OF THE REGISTER
Estate of Edward J. Simko. Sr. File No: 4" Cb IG
5
a/k/a:
AND NOW, 2014 , in consideration of the foregoing Petition,
satisfactory proof avin been presented a ore me,IT IS DECREED that Letters Testamentary
are hereby granted to Thomas A. Simko
in the above estate and(if applicable)that
the instrument(s)dated September 19 2007
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
(jiste4rof ills V o
Form RW-02 rev.10/11/2011 Page 2 of 2
i
R E C 0 R'0 E 0 0 F E i C 44. ST WILL AND TESTAMENT
R E C I S i E R OF V flL L S OF EDWARD J. SIMKO
";119 AIN 30 0fl 10 03
I EDWARD J. SIMKO residing at 8 Larrimore Road Yonkers' NY 10710
CLERK OF
being cfF§Q.p4; lOcbWosing mind and memory, do hereby revoke all wills and
codAAMW40� W-A& instruments of a testamentary nature heretofore made
by; me and do hereby make, publish and declare this to be my Last Will and
Testament in the manner and form following:
FIRST: I hereby direct the payment by my Executor or Executors of
all of my debts then.actively due and owing and funeral expenses incurred in the
administration of my Estate, as soon after my death as shall be convenient. I
direct that all inheritance, estate, transfer, succession and other death taxes or
duties (including any interest and penalties thereon) imposed by any jurisdiction
whatsoever by reason of my death upon or with respect to any property includible
in my estate for the purposes of any such taxes or duties, whether such property
passes under or outside, or has passed outside, the provisions of this Will or any
Codicils hereto, be paid from my general estate as an expense of the
administration thereof, without apportionment.
SECOND: I herby give, devise and bequeath all of my estate whether
real, personal, mixed, wheresoever situated, and over which I may have the power
of testamentary disposal at my decease to my five (5) children, EDWARD J.
SIMKO, JR., JOHN K. SIMKO, THOMAS A. SIMKO, DAVID SIMKO and
WILLIAM SIMKO, as follows:
(a) one-fifth (115) of the principal shall be turned over to each child.
ro
(b) If any of said children shall have predeceased me or in the event that
we shall both die within thirty (30) days of each other as a result of a common
disaster or during a joint last illness, or under such circumstances that the order of
our deaths cannot be ascertained with reasonable certainty, then in that event, I
give, devise and bequeath that child's share of the principal to the descendants of
said child, in equal shares, per stirpes and not per capita.
(c) In the event that any one of my children shall have predeceased me
or in the event that we shall both die within thirty (30) days of each other as a
result of a common disaster or during a joint last illness, or under such
circumstances that the order of our deaths cannot be ascertained with reasonable
certainty, and that child leaves no descendants, then that child's share shall be
equally divided by the remaining children surviving.
THIRD: If pursuant to any provision of this, my Will, all or any part of
my estate shall vest in absolute ownership in a minor or minors, then I authorize
my Trustee(s), in their discretion in each such case, to hold, administer, invest and
re-invest such part for such minor's benefit during his or her minority and to apply
so much of the net income of said part of the principal of said share as said
Trustee(s), in their discretion, shall deem necessary to seal minor's proper case,
maintenance, support and education.
FOURTH: I hereby nominate, constitute and appoint my beloved son,
THOMAS A. SIMKO, as Executor of this, my Last Will and Testament, without
requiring his to give any bond, security or surety whatsoever. In the event that my
beloved son, THOMAS A. SIMKO, shall predecease me, or for any reason be
unable or unwilling to serve as Executor, then, and in such event, I hereby
nominate, constitute and appoint my beloved son, JOHN K. SIMKO, to serve
-2-
without bond, security or surety whatsoever, as Executor, Trustee and Guardian of
this, my Last Will and Testament.
FIFTH: I Hereby give my Executor the same full power to sell, lease
transfer or. convey any real property or personal property of which I might die
seized or possessed as I might exercise were I alive and personally acting.
SIXTH: It is my wish that my Executor and Guardian be not required
to furnish any bond or ther security for his faithful performance of his duties in
that behalf, whether in the State of New York or elsewhere.
SEVENTH: Except as may be otherwise provided in this, my Will, I have
intentionally omitted to provide herein for any other relatives or for any other
person, whether claiming to be an heir of mine or not.
EIGHT. It is my wish and I recommend that the probate proceedings
in connection With this my Last Will and Testament and all legal matter connected
with the settlement fo my estate and final accounting in the Surrogate's Court shall
be conducted by my attorneys: RIESLING, PROTO, SCHMIDT & SACHS,
LLP, 190 East Post Road, Suite 402, White Plains, New York 10601.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 19th
day of September, Two Thousand and seven.
ifzA� Olt
EDWARD J IMKO
-3-
THE FOREGOING INSTRUMENT, consisting of this and three (3) preceding
and two (2) subsequent typewritten pages, was signed, sealed, published and
declared by EDWARD J. SIMKO, the Testator, to be 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 this 19th day of
September, 2007.
residing at 2-6/ Yfl'L S
residing at
-4-
STATE OF NEW YORK )
)SS:
COUNTY OF WESTCHSTER )
address 2- L�
2) address /Z .�,l� C�, ,►•�
each being duly sworn, depose and say:
That they witnessed the execution of the Will of EDWARD J. SIMKO
consisting of three (3) pages, dated September 19, 2007.
That the Will was executed at 190 East Post Road, White Plains, New
York, under the supervision of Stephen J. Riebling, Jr., an attorney at law and
member of the firm of Riebling, Proto & Schmidt, LLP, with offices at 190 East
Post Road, White Plains, New York. That this affidavit is made at the request of
the Testator.
That the Testator in our presence subscribed his name to the Will at the end
thereof, and at the time of making such subscription, published and declared that
same to be his LAST WILL AND TESTAMENT; thereupon, we, at his request
and in his presence and in the presence of each other, signed our names thereto as
subscribing witnesses.
That the said Testator at the time of such execution was more than eighteen
(18) years of age, and in our opinion, of sound mind, memory and understanding,
not under any restraint or in any respect incompetent to make a Will.
That the Testator indicated to us that he had read the Will, knew the
contents thereof, and that provisions therein contained expressed the manner in
which his estate is to be administered and distributed.
-5-
That the Testator could read, write and converse in the English language,
and was suffering from no defect of sight, hearing or speech, or from any physical
or mental impairment which would affect his capacity to make a valid Will.
That the said Testator signed only one copy of the said Will on said
occasion.
G
�Gtiia, S°�h/rU�
Sworn to before me this
Day of�� f , 2007
ota
STEPHEN J.RIEBLING
NOTARY PUBLIC,STATE OF NEW YORK
NO.02R16143209.
QUALIRED�IN WESTCH7TERCOUNTY
COIv1MISSION EXPYRES 4/31z��
-6-
a�
r
viz@ b M1
rw, cr
y 1;f
r•'
C