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HomeMy WebLinkAbout05-09-14 r _ < 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: Spero G.Diamond File No: y a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 29.2014 Age at death: 93 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 485 E.Elmwood Ave Mechanicsburg Cumberland Street address,Post Office and Tip Code City,Township or Borough County Decedent died at 485 E.Elmwood Ave Mechanicsburg Cumberland PA Street address,Post Office and Tip Code City,Township or Borough County state Estimate of value of decedent's property at death: If domiciled in Pennsylvania.. .......................... All personal property $ 105,000.00 if not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 105.000.00 Real estate in Pennsylvania situated at: None. (Attach additional sheets.ifnecemary) Street address,Post Office and Tip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated June 17,2004 and Codicil(s) thereto dated None State relevant circumstances(ag.renunciation,death ofexeeutor,etc) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not many,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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS ©EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c.l.a.,d.b.n.,d.b.n.c.t.a.,pendente life,durance absentia,durante minoritate I If Administration,c.l.a. or db.n.c l.a.,enter date of Will in Section A above and comirlete list o4 heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for dgrce had bee;;FAtablij,qd2g defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated persM.. Z3 6'> O, 0 N EXCEPTIONS ®EXCEPTIONS :2 .•-.a'•¢� n. Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the folreiwi sppapse,Qg6pn a td eg(aunch additional sheets,ifnecessary): s7 In -n Name Relationship AddrdiP °n rCS'* n O rra 1 Form ttw-02 rev. 10/1112011 Pagel of 2 nD n O � ° s rmM 70 Oath of Personal Representative UU&M C z � Zm cn rrnm COMMONWEALTH OF PENNSYLVANIA } Z Cn O o } SS: O —Q COUNTY OF CUMBERLAND } O C -n • � r Petifioner(s)Printed Name Petifioner(s)Printed Add p Stephanie P.Diamond 111 Lay nndon lane Mechanicsburg,PA 17055 O Elizabeth J.Diamond 485 E.Elmwood Ave.,Mechanicsburg,PA 17055 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 Decedent,the Pefitioner(s)will well and truly administer the estate according to law. Sworn t r�ffirmed an ubscribed b Date me this d Date BY Date th Re ' r Date BOND Required: O YES (j) NO To the Register of wills: FEES: Please enter my appearance by my signature below: Letters . hurt . .. . . . e(s . . . . . . S� Attorney Signature: ( 5 )Short Certificate(s).. . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . .. . . . . . . . ✓✓.-C-/ .{/iL ( )Affrdavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Vicky Ann Trimmer 4*6Supreme Court : . . . : . ----�� ID Number: 49679 S. Firm Name: Persun r&Heim,P.C. . . . . .. . . Address: PO Box 659 •• • • •. . . 1700 Rent Creek Rivd Suite 160 .. . . . . . . Mechanicsburg,PA 17055-0659 Phone: 717-620-2440 Automation Fee. .. .. . . . . . . .. . . Fax: 717-620-2442 JCS Fee. . . . . . . . . . . . . . . . . .. . . Email: _YatrimmerCalnercnnheim cnm TOTAL. . .. . .. . . . . . . . . . . . . . . S � DECREE OF THE REGISTER Estate of Spero G.Diamond File No: aWa: AND NOW, V�/lLl lti ( in consideration of the foregoing Petition, satisfactory proof having been pre ited before me,IT IS DECRE D that Letters Testamentary are hereby granted to Stephanie P.Diamond and Elizabeth J.Diamond in the above estate and (if applicable)that the instrument(s)dated June 17,2004 described in the Petition be admitted to probate and filed of r cord as the last Will and Codicil(s))of Decedent. isterofWills Form RW-01 r".1011112011 Page 2 of 2 O H105.805 REV(9/11) -- -- - -- --- - - ---- - - -- - - WILL OF SPERO G. DIAMOND I, SPERO G. DIAMOND, of Cumberland County, Pennsylvania, declare this to be my _N will, and I revoke all previous wills and codicils that I have made. o L rn m W A n 0 0 M ARTICLE I z-' m rn rrnn Specific Gifts ;1, co o r-J -n � 'fi � .. A. I give my tangible personal property (together with any asftr le in�anck` o � m policies thereon), including any household furniture and furnishings, automobiles, books, Mures --n jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of household or personal use or ornament, but excluding coins held for investment and paper currency, to my wife, ELIZABETH J. DIAMOND ("my spouse"), if my spouse survives me, or, if my spouse does not survive me, to my children who survive me,to be divided as they shall agree or, if they shall fail to agree upon a division within six months after the date of my death, in shares of substantially equal value as my executor shall determine. B. I may leave a memorandum (which is not to be a part of this will) listing some of the items described in paragraph A of this Article that I wish certain persons to have and request (but do not require)that my wishes as set forth in the memorandum be observed. C. All costs of safeguarding, insuring, packing, and storing my tangible personal property before its distribution and of delivering each item to the residence of the beneficiary of that item shall be treated as administration expenses. D. If any child of mine has not reached legal age under the law of the jurisdiction in which the child is domiciled at the time set for distribution under paragraph A of this Article or is otherwise then disabled, then the individual having personal custody of the child (whether or not court-appointed) shall represent the child in any division of the property. ARTICLE II Gift of Residue I give my residuary estate,which shall not include any property over which I have power of appointment, to the trustee of that certain trust already created by me and known as the "Spero G. Diamond a/k/a S. George Diamond, Trustee, or his successors in trust, under the Spero G. Diamond a/k/a S. George Diamond Living Trust, dated January 11, 1996, and any amendments thereto', as in effect at my death, of which I am currently the trustee. ARTICLE III Payment of Taxes and Expenses A. Subject to the provisions of paragraph B of this Article, my executor shall pay from my residuary estate all estate and inheritance taxes (including any interest and penalties), and all administration expenses, payable in any jurisdiction by reason of my death, whether or not the assets generating those taxes and expenses pass under this will, and those items shall be charged generally against the principal of my residuary estate, without apportionment. I waive any right of reimbursement for, recovery of, or contribution toward the payment of those taxes, except that, to the maximum extent permitted by law, my executor shall seek reimbursement for, recovery of, or contribution toward the payment of estate taxes attributable to property which is included in my gross estate under Section 2036, 2041 or 2044 of the Code, and which taxes are not otherwise paid or payable. Any generation-skipping tax resulting from a transfer occurring under this will shall be charged to the property constituting the transfer in the manner provided by applicable law. 2 B. If the taxes and expenses directed to be paid from my residuary estate,together with (i)my legally enforceable debts, including debts owed by me to a trustee individually, except debts secured by real estate which were incurred primarily to acquire or improve the encumbered property, and (ii) the expenses of my last illness and funeral, exceed the value of the cash and readily marketable assets of my residuary estate, as determined by my executor (after taking into account all reimbursements for, recoveries of and contributions toward taxes which my executor is directed to seek pursuant to paragraph A of this Article), then my executor may so certify part or all of the amount of that excess to the acting trustee of that certain trust referred to in the residuary bequest under this will which provides for the payment of that excess, and my executor shall enforce recovery of the certified amount to the extent the trustee shall not pay or provide for its payment. ARTICLE IV Executor Nomination and Powers A. I name my wife, ELIZABETH J. DIAMOND and my daughter, STEPHANIE P. DIAMOND as co-executrixes of this will. If ELIZABETH J. DIAMOND and STEPHANIE P. DIAMOND are both unwilling or unable to act as executrixes hereunder, I name as my successor executor, a member of the accounting firm of Hamilton & Musser, Certified Public Accountants, preferably Barry E. Musser, CPA. No executor serving hereunder shall be required to post bond. B. I give my executor, wherever acting, power: 1. To retain, sell (at public or private sale), exchange, lease for any term(even though commencing in the future or extending beyond the date of final distribution of my estate), mortgage, pledge, or otherwise deal for any purpose with the property, real or personal, from time to time comprising my estate, for such consideration and on such terms (with or without security) as my executor shall determine; 3 2. To borrow money at interest rates then prevailing from any individual, bank, or other source,whether or not the lender is then acting as an executor; 3. To enter into any transaction authorized by this Article with trustees, executors, or administrators of any other trust or estate, even though an executor is also a fiduciary of the other trust or estate; 4. To invest in any property; and to hold any property in the name of a nominee or in bearer form; 5. To compromise or abandon any claims in favor of or against my estate; 6. To disclaim, in whole or in part, any property or interest therein which passed to me or which was created for my benefit, for any reason, including, but not limited to, a concern that such property could cause potential liability under any federal, state or local environmental law; 7. To employ accountants, depositaries, investment counsel, attorneys, and agents(in each case with or without discretionary powers); 8. To deal with matters involving the actual or threatened contamination of property held in my estate (including any interests in sole proprietorships, partnerships or corporations and any assets owned by such business enterprises) by hazardous substances, or involving compliance with environmental laws, including power: (a) To inspect and monitor any such property periodically, as it deems necessary,to determine compliance with any environmental law affecting such property; (b) To respond (or take any other action necessary to prevent, abate or "clean up") as it shall deem necessary, prior to or after the initiation of enforcement action by any 4 governmental body,to any actual or threatened violation of any environmental law affecting any of such property and to any potential contamination of trust property, whether or not required by law; (c) To settle or compromise at any time any claim against my estate related to any such matter asserted by any governmental body or private party; (d) To disclaim any power which my executor determines may cause it to incur personal liability as a result of any such matter, whether such power is set forth in my will, incorporated by reference herein, or granted or implied by any statute or rule of law; (e) To decline to serve as executor hereunder or, having undertaken to serve, resign at any time my executor reasonably believes there is or may be a conflict of interest between it in its fiduciary and individual capacities by virtue of potential claims or liabilities which are or might be asserted against my estate because of the type or condition of estate assets; and (f) To charge all expenses and costs incurred by my executor pursuant to the authority granted under this subparagraph against the income or principal of my estate as my executor shall determine; 9. To execute instruments of any kind, including instruments containing covenants and warranties binding upon and creating a charge against my estate and containing provisions excluding personal liability; 10. To make distributions from my estate in cash or in kind, or partly in each and to value any property for that purpose; and to allocate different kinds or disproportionate shares of property or undivided interests in property among the beneficiaries; and 11. To distribute to the beneficiary of a trust identified in this will any property or portion thereof given to the trustee of that trust if,pursuant to the terms of that trust,the property would immediately be subject to final distribution directly to the beneficiary with no discretion in 5 the trustee to withhold it (because of age or disability), and the receipt of the beneficiary shall discharge my executor. C. The powers granted to my executor hereunder shall be in addition to all other powers granted by law and shall be exercisable in the discretion of my executor and without court order. If, under applicable state law, administration of my estate may be conducted without court supervision and approval of accounts, then my executor shall so administer my estate. No executor shall be required to furnish bond or security. D. My executor shall make such elections and allocations under the tax laws as my executor considers advisable (whether or not the election or allocation relates to property passing under this will), without regard to, or adjustments between, principal and income or the relative interests of the beneficiaries. Any decision to exercise tax elections or make allocations hereunder shall be made by my domiciliary executor, if any, in preference to any ancillary executor, and shall be binding and conclusive on all persons. E. If any portion of my estate is distributable to a beneficiary who is then under the age of twenty-one 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. F. No executor shall be personally liable to any beneficiary or other party interested in my estate or to any third parties, for any claim against my estate for the diminution in value of estate property resulting from matters involving hazardous substances, including any reporting of or response to (i) the contamination of estate property by hazardous substances, or(ii) violations of 6 any environmental laws related to my estate; provided that my executor shall not be excused from liability for its own negligence in administration of the estate property or wrongful or willful acts. G. To the maximum extent permitted by law, the executor may withhold a distribution to a beneficiary hereunder until receiving from the beneficiary an indemnification agreement in which the beneficiary agrees to indemnify the executor against any claims filed against the executor as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law; provided further that the executor may not take any action under this paragraph which would in any way jeopardize any federal or state marital deduction for property passing at my death. ARTICLE V Interpretive Rules For all purposes of this will: A. A person shall be considered "disabled" if a minor, if under legal disability, or if in any condition(whether temporary or permanent) which substantially impairs that person's ability to transact ordinary business. B. The term "Code" means the Internal Revenue Code of 1986, as from time to time amended. C. The term "executor" means any court-appointed fiduciary or fiduciaries of my estate from time to time qualified and acting in any jurisdiction. D. The term "hazardous substance(s)" means any substance defined as hazardous or toxic or otherwise regulated by any federal, state or local law(s), rule(s) or regulation(s) relating to the protection of the environment or human health("environmental law(s)"). 7 E. I intend that no child born to or adopted by me before or after the date of this will shall be entitled to receive any greater portion of my estate than that portion, if any, which is provided herein. I signed this will on 2004. SPERO G. DIAMONW In our presence, the above-named SPERO G. DIAMOND signed this and declared this to be his Last Will and Testament and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Name Address e. 1�11b 8 I, SPERO G. DIAMOND, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and Acknowledged before me by SPERO G.DIAMOND, the Testator on A714,7 P 17 , 2004. Aoary 4u@i PE O G. DIAMOND Notarial Scal Marielle F. Hazen, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 23, 2006 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and Subscribed to before me b Qa and Wit ess witnesses, on 4zCj.IU 2004. W' ess �ary Publ c _ _ Notarial Scal Marielle F Haan, Notary Public - City of Harrisburg, Dauphin County My Commission Ezpires Sept. 23, 006