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HomeMy WebLinkAbout04-17-14 /, 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 n ` / ' _ ^Q Name: Carol J. Starasinic File No: G L4 SO I a/k/a: Carol Jean Starasinic (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: -I Y> 1 y Age at death: 73 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 48 Windsor Way,Camp Hill,East Pennsboro Township,Cumberland County Street address,Post Office and Zip Code City,Township or Borough County Decedent died at II Hillside Dr.,Gales Ferry, Ledvard New London CT Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: if domiciled in Pe nnsylvania............................ All personal property $ 10,500.00 If not domiciled in Pe nnsy lvania. .. ..................... Personal property in Pennsylvania $ If not domiciled in Pe nnsy lvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 27S,000.00 TOTAL ESTIMATED VALUE. ... $ 285.500.00 Real estate in Pennsylvania situated at: 48 Windsor Way,Camp Hill,East Pennsboro Township, Cumberland County (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary - Petitioner(s)averts)he/she/they Ware the Executor(s)named in the last Will of the Decedent,dated 05/24/2000 and Codicil(s) thereto dated N/A Frederick N Ctaracinir,decedent's spouse and first named executor predeceased decedent on 4/10/10 State relevant circumstances(ag.renunciation,death of executor,eta) Except as follows: after the execution of the instrament(s)offered forprobate Decedent did not marry,was not divorced,was not a party to apending 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. Q NO EXCEPTIONS ©EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,at.a. or db.mc.ta.,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. Q NO EXCEPTIONS ®EXCEPTIONS Petitioner(s),afteraproper search bas/have ascertained that Decedent left no Will andwas survivedby the following spouse(if any)and heirs(attach additional sheets,ifnecessary): ^> C7 0 ::0 Name Relationship Addre m n SIC M o D m ep C� o -n -n n 0 -n 3 -2 ra F: m CQ —t r Form BW--n2 rev.1011112011 Page 1 of t t, r J Oath of Personal Representative C1a se aly REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA } } $$: 2014 flPR 17 A01 9 03 COUNTY OF CUMBERLAND } Petitioners)Printed Name Petitioner(s)Printed Address Garrett X. Starasinic 11 Hillside Dr. Gales Ferry,CT 06335 The Petitioner(s)above-named swears)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief 0f 1? 6tioners)and that,as Personal Representative(s)of the Dec ent ' ' °"'�,�' --:I�°�t-,...mod truly administer the estate according to law. Sworn to o affirmed subscribed before Date y . - me t . day,of� 0.1 201 Date By r Date orffie Register - Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . .. . . . .. . . . . . .. . . $ Attorney Signatu ( 5 ) Short Certificate(s).. .. . . - ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . .. . . .. . . ( )Affidavit(s).... . . . . .. .. Bond.. . . . .. . . . . . .. . . . . . . . . . . Printed Name: W. Scott Staruch,Esq. Commission, . . . .. .. . . . . . . . . . . Supreme Court Other . . . .. . . . ID Number: 23887 / S t . . . . . . . I S Firm Name: Laws,Staruch&Pisarcik '1`i_1V V l . . . . . . . . t 5 Address: 20 Erford Rd.-Ste 105 Leninvme PA 17043 . . . . . Phone: (717)975-0600 Automation Fee. . . . . . Fax: (717)975-3871 JCS Fee. . . . . . . . . . .. .. . . . . . Email: _LSPlaw anI corn TOTAL. . . . . . . . . . . . . . . . . . . . . $ •. DECREE OF THE REGISTER Estate of Carol J. Starasinic File No: , - I H -rj('Q -1 a/k/a: AND NOW, 2t Ll in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Garrett X. Starasinic in the above estate and(if applicable)that the instrument(s)dated 05/24/2000 ' described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. egister of Wills Form RW-01 rev. 1011112011 l'y"j Page 2 of 2 � LAST WILL AND TESTAMENT OF CAROL J. STARASINIC I, CAROL J. STARASINIC, currently residing at 48 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, do make, publish, and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils previously made by me. FH2ST IDENTITY OF TESTATOR'S FAMILY I declare that I am married to FREDERICK N. STARASINIC,and that all references in this Will to "my husband" are references to him. I have one child, now living, whose name is GARRETT XAVIER STARASINIC, currently residing at 2155 Kingsley Lane, Chesapeake, VA 23323. 1 have two grandchildren, now living, whose names are NICHOLAS JOHN STARASINIC and AVA CATHERINE STARASINIC. SECOND FUNERAL/BURIAL It is my desire that my funeral and burial services be conducted by Wiedeman Funeral Home located at 357 South Second Street, Steelton, Pennsylvania. THIRD SPECIFIC BEQUESTS I give to the following named individuals the items ofpersonal property listed opposite c s -�o m each respective individual's name: o ° M C�, C-) 1) cn � 1) To my sister, Joyce Horner- my mink coat; ter' ?' r— rn m o = � ° CD n "n n c n PAGE ONE OF ELEVEN —�i CO r— m a s o, C°r 2)To my grandson,Nicholas J. Starasinic-my diamond engagement ring;my Waterford Celtic pendant cross;my diamond heart pendant; and my ruby and diamond pendant; and 3)To my granddaughter,Ava C. Starasinic-the diamond ring which belonged to my mother, Anna Ziegler; my birthstone amethyst ring;my birthstone amethyst earrings;my black pearl earrings;my Waterford heart pendant;my amethyst pendant;my Waterford pendant cross; and my diamond earrings. FOURTH DISPOSITION OF RESIDUE I give, devise, and bequeath all the rest, residue and remainder of my estate, whether real, personal, or mixed, to my husband, provided that he survives me by thirty (30) days. In the event that my husband should predecease me or fail to survive me by thirty(30) days, then and in that event, I give, devise and bequeath my entire estate, whether real, personal or mixed, to my said son, GARRETT X. STARASINIC. In the event that my said son, GARRET X. STARASINIC should predecease me or fail to survive me by thirty (30) days, then and in that event, I direct that my entire estate be distributed to PATRICK J. HORNER, of 960 Keckler Road, Harrisburg,Pennsylvania, as Trustee, IN TRUST, to be held and administered, upon the terms and conditions, for the uses and purposes, and with the powers and duties set forth in ARTICLE FIFTH hereof. FIFTH TRUST A. PAYMENT AND DISTRIBUTION OF INCOME AND PRINCH'AL (1) The entire trust estate shall be administered as one trust until no grandchild of mine is living who is under the age of twenty-one (21)years and shall be known as "The Carol J. PAGE TWO OF ELEVEN Starasinic Trust". Until that time, the Trustee shall apply the net income and principal of the trust estate as follows: (a) So long as any of my grandchildren are under the age of twenty-one(2 1) years, the net income of the Trust shall be paid to, or applied for the benefit of, any or all of my grandchildren at such times and in such amounts as my Trustee shall in his discretion deem necessary for their support, welfare, maintenance, and education. In the event the income shall be insufficient to provide any of my said grandchildren with adequate maintenance, support, welfare, or education, the Trustee may invade the principal of this Trust for this purpose; payments of income or principal to a grandchild pursuant to this paragraph shall not be taken into account in any later division of the trust estate into shares for distribution to my grandchildren or children of a deceased grandchild of mine. (b) The Trustee may pay more to or apply more for some beneficiaries than others and may omit distribution to some beneficiaries entirely during the continuance of the Trust. (c) The Trustee in exercising his discretionary authority with respect to the payment of income or principal of the trust estate to any beneficiary, shall take into consideration any income or other resources available to such beneficiary from sources outside of this Trust that may be known to the Trustee. The Trustee may accept as final and conclusive the written statement of the beneficiary receiving payment as to other available income or resources. The determination of the Trustee with respect to the necessity of making payments out of income or principal to any beneficiary shall be conclusive on all persons howsoever interested in the Trust. (d) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. (e) In the event any grandchild of mine predeceases me or dies prior to the termination of this Trust, the interest of such grandchild in the Trust shall cease; except that, if such PAGE THREE OF ELEVEN deceased grandchild of mine is survived by any children then the Trustee may pay net income of the Trust to or apply the same for the benefit of such children of a deceased grandchild of mine in such amount or amounts as the Trustee in his sole discretion may determine for support, welfare, and maintenance. Payments of income or principal to a child of a deceased grandchild of mine pursuant to this paragraph shall not be taken into account in any later division of the trust estate into shares for distribution to my grandchildren or children of a deceased grandchild of mine. Termination and Distribution When no grandchild of mine is living who is under the age of twenty-one (21)years, the Trust shall terminate and the Trustee shall immediately distribute the balance of the trust estate in equal shares to my grandchildren then living and the issue of any deceased grandchildren per stirpes and not per capita. Definitions (3) The following terms, as used in this Will, mean: (a) The term "Trustee" shall also include any alternate Trustees appointed under this Will. (b) The term"grandchildren"and"grandchild"includes adopted children and any who may hereafter be born to or adopted by my son GARRETT X. STARASIMC. (c) The term "issue" means lawful blood descendants in the first, second, or any other degree of the ancestor designated, and includes legally adopted children. (d) The term"education"is meant to include college and post graduate study; before approving the choice ofan educational institution by any beneficiary,the Trustee shall consider the probable educational needs of the other beneficiaries so as to make reasonably certain that there will be adequate funds available in the trust estate to provide a substantially similar education for the other beneficiaries. PAGE FOUR OF ELEVEN Alienation and Attachment of Beneficiary's Interest (4) No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust 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. B. GENERAL ADMINISTRATIVE POWERS OF TRUSTEE In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the trust estate, subject to any limitations specified elsewhere in this Will: Retention of Assets (1) To retain any property received by the trust estate for as long as the Trustee considers it advisable. Investments (2) To invest and reinvest in every kind of property and investment which men of prudence, discretion, and intelligence acquire for their own accounts. Management (3) To manage, control, repair, and improve all trust property. Sales (4) To sell, for cash or on terms, and to exchange any trust property. Leasing and Related Rh!hts (5) To lease any property for terns within or beyond the duration of the Trust for any purpose which the Trustee in his discretion may deem advisable in accordance with law, with or without an option to purchase,and to make such improvements or effect such repairs or replacements to any real estate subject to this Trust, and to insure such real estate against fire or any other risks, PAGE FIVE OF ELEVEN and to charge the expense therefor to principal or income or part thereof to each as the Trustee may deem proper, and to develop such property, to subdivide it, dedicate it to public use, or grant easements therein as the Trustee may consider advisable; and any lease or agreement made with respect thereto shall be binding for the full term thereof even though it may extend beyond the duration of the Trust. Borrowin¢ (6) To borrow money and to mortgage or pledge or otherwise encumber or hypothecate trust assets as the Trustee may, in his discretion, deem advisable. Division and Distribution (7) On any division or distribution of the trust estate, in the discretion of the Trustee, to divide and distribute property of the trust estate in money or in kind,including undivided interests, or partly in money and partly in kind, including undivided interests;to exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the trust assets; and to valuate trust property for purposes of determining the amount of the trust principal to be distributed to each beneficiary named herein, which valuation, in the absence of a showing of bad faith, shall be conclusive and binding on all concerned. Conduct Business (8) To conduct alone or with others any business in which I am engage or in which I have an interest at my death, with all the powers of any owner with respect thereto, including the power to delegate discretionary duties to others, to invest other property held hereunder in such business, and to organize a partnership or corporation to carry on such business. PAGE SIX OF ELEVEN Employment of Attorneys. Advisors and Other Agents (9)To employ any attorney,investment advisor, accountant,broker,tax specialist,or any other agent deemed necessary by my Trustee; and to pay from the trust estate reasonable compensation for all services performed by any of them. Alternate Trustee (10) In the event of the death, resignation, renunciation, or inability to act of any person appointed as Trustee under this Will,then I direct that MARK F. WAGNER of 1913 Bradley Drive, Harrisburg, Dauphin County, Pennsylvania, act as Trustee under this Will. Compensation of Trustee (11) My Trustee shall receive the sum of five(5%) percent of the net income of the Trust, calculated prior to income taxes on the Trust, if any, payable annually, for services rendered during the administration of the Trust. C. OPERATIONAL PROVISIONS Determination of Income and Principal (1) The Trustee shall determine what is income and what is principal of the Trust established under this Will, and what expenses,costs,taxes, and charges of any kind whatsoever shall be charged against income and what shall be charged against principal in accordance with the applicable laws of the Commonwealth of Pennsylvania as they now exist and may from time to time be enacted, amended, or repealed. Waiver of Trustee's Bond (2) No bond shall be required of any person appointed in this Will as Trustee. PAGE SEVEN OF ELEVEN Choice of Law (3) The validity and administration of the Trust established under this Will and all questions relating to the construction or interpretation of the Trust shall be governed by the laws of the Commonwealth of Pennsylvania. SIXTH EXECUTOR Appointment (1) I appoint my husband, FREDERICK N. STARASINIC, as the Executor of this Will. In the event of his death, resignation, renunciation, or inability to act in that capacity, then I appoint my son, GARRETT X. STARASINIC, as Executor of this Will in his stead and place. In the event of his death, resignation, renunciation, or inability to act in that capacity, then I appoint, PATRICK J. HORNER, as Executor of this Will in his stead and place. My Executor or Executrix, whether original, substitute or successor, is referred to herein as my "Executor". No Bond Required (2) No bond or other security shall be required of any Executor appointed in this Will. Compensation of Executor (3) My Executor shall receive reasonable compensation for services rendered to my estate during administration. Powers (4) With respect to the settlement and administration of my estate, my Executor shall have, in extension and not in limitation of the powers given by law or by other provisions of this Will, the same power and authority conferred by this Will on the Trustee over the trust estate. Any ofthe above powers may be exercised,except as otherwise provided by law,from time to time in the discretion of my Executor without further court order or license. PAGE EIGHT OF ELEVEN SEVENTH WILL CONTESTS Ifany beneficiary or remainderman under this Will in any manner,directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate or in the estate of the Trust established by this Will given to that contesting beneficiary or remainderman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. EIGHTH GENERAL Effect of Inoperative, Invalid, or Illegal Provision (1) If any of the provisions of this Will or of any Codicils thereto are held to be inoperative, invalid, or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. Headings (2) The headings above the various provisions of this Will have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Will or in ascertaining my intentions. IN WITNESS WHEREOF, I, CAROL J. STARASIDIIrC��, hereby set my hand to this my last Will, consisting of eleven(11)typewritten pages, on this a r day of -12000. (Seal) arol J. StarasiiVc r Attestation Clause Signed, sealed, published and declared by Carol J. Starasinic, the above-named Testatrix, as and for her last Will and Testament, in the presence of us, who, at her request, in her PAGE NINE OF ELEVEN presence, and in the presence of each other, all being present at the same time have subscribed our names as witnesses. a Siding at `411 / V a� 1-70 °Ui464iding at Ile0 U/L Commonwealth of Pennsylvania ss: County of I, CAROL J. STARASINIC, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed.�j CAiol J. Starasin c SwpM to or affirmed to and acknowledged before me by Carol J. Starasinic, the Testatrix, this day of 2000. L NOTARIAL SEAL �b MARIA L.STIELY,Notary Public Notary Public Lemoyne Boro,Cumberland County M Commiaslon Expires Jan.2,2001 � , r' Commonwealth of Pennsylvania ss: County of We, � and 1 the witnesses whose names are signed to the foregoing instrun7ent,being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument PAGE TEN OF ELEVEN as her Last Will and Testament;that CAROL I STARASINIC signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed;that each of us, in the hearing and sight of the Testatrix, signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Witness itness Sw nor affirmed to nd subscribed to before me by-'—\ r\ . �J• � ,w a,_ and � �r} �. m_i K- , witnesses, this�[�'`day of ` 2000. Notary > NOTARIAL SEAL MARIANN L.STIELY,Notary Public Lemoyne Boro,Cumberland County M Commission Ez fires Jan.2,2001 PAGE ELEVEN OF ELEVEN