HomeMy WebLinkAbout06-09-14 In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
Estate of Bernard Negrey :
: No. 21 � I `� - Q�57
deceased •
Petition for Settlement of Small Estate
Pursuant to section 3102 of the Probate, Estates and Fiduciaries Code, the undersigned petitioner
respectfully represents that:
1. The name and address of the petitioner are:
Wendy C. Weaver
523 Hillcrest Drive
Carlisle, PA 17015
2. The relationship of the petitioner to the decedent is daughter, and executor.
3. The decedent died on January 2, 2014.
4. The decedent was domiciled at time of death in Cumberland County, Pennsylvania, with a last
family or principal residence at: 523 Hillcrest Drive, Carlisle, PA 17015.
5. The decedent's social security number is: 199-30-5494
6. Death certificate is attached hereto.
7. The decedent died testate.
8. The will has not been probated, and the original will is attached hereto.
9. The decedent's spouse died prior to the decedent.
10. The decedent was not married or divorced after the date of execution of the will.
11. The decedent did not have a child or children born or adopted after the date of execution of
the will.
12. The decedent died owning property (exclusive of real property and property payable under
section 3101 of the Probate, Estates and Fiduciaries Code) of a gross value not exceeding
$50,000, which is itemized below:
a. Furniture and personal property worth less than $3,500.
b. $2376.67 currently in estate account at Cornerstone Credit Union
c. $310.00 balance at Slovenian Savings Bank.
d. Chrysler minivan(blue book value $2,500)
e. Members First C. U. checking account—balance approximately $1,026
13.An itemized statement of all claims against the estate is set forth below:
a. William Kisiel Funeral Home $9,700 (funeral director)
b. Carlisle Memorial $250 (headstone engraving)
c First National Bank - $90.33 (unsecured credit card debt)
d. Discover- $3,121.00 (unsecured credit card debt)
e. Citibank- $2,297.28 (unsecured credit card debt)
f. Saldutti, LLC - $4,900 (unsecured debt in collection)
g. State Farm Bank - $496.47 (unsecured credit card debt)
h. PNC Bank- $2,327.61 (unsecured credit card debt)
L Kohls - $1,111.60 (unsecured credit card debt)
j. Sears - $1,976.79 (unsecured credit card debt)
k. Members First CU - $1,026.00 (credit card debt possibly secured by checking
account listed above)
1. Cornerstone CU - $2,570.29 (unsecured credit debt)
m. CITI - $776.87 (unsecured credit card debt)
n. Haband- $140.58 (unsecured credit card debt)
o. Boscovs - $1176.01 (unsecured credit card debt)
p. Cornerstone C. U. loan for Chrysler minivan secured by the Chrysler minivan -
$3,697
14. The following person claims the family exemption under section 3121 of the Probate, Estates
and Fiduciaries Code by virtue of being a member of the same household as the decedent:
Wendy Weaver(daughter of decedent).
15. Wendy Weaver claims furniture and personal property worth less than a total of$3,500 as
satisfaction of the family exemption.
16. The petitioner has paid or will cause to be paid all Pennsylvania inheritance tax due on all
property to be awarded under this petition.
17. The petitioner proposes that the Court order the following claims be paid:
a. Chrysler minivan repossed by Cornerstone C. U.
b. $1,026 to Members First CU from Members First checking account, provided that
Members First CU produces contract signed by decedent indicating that loan was secured
by deposit account.
c. $2,686.67 to William Kisiel Funeral Home for funeral expenses.
�-
Signature of Petiti er
Wendy C. Weaver
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Signature of Attorney for Petitioner
Paul C. Primrose
Supreme Court I.D. No.: 315016
\Office Address: 325 S. Hanover St.
Carlisle, PA 17013
Telephone Number: 717-623-3104
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OF
Bernarrt9V'egr�y
DECLARATION
I,Bernard Negrey, a resident of the commonwealth of Pennsylvania and
county of Somerset;and being of sound mind and memory, do hexeby make,
publish,and declare this to be my last will and testament, thereby revoking and
making null and void any and all other last will and testaments and/or codicils
to last will and testaments heretofore made by me. All references herein to"this
Will" refer only to this last will and testanlent.
FAMILY
At the time of executing this Will,I am unmarried. The names of my
children aze listed below. Unless otherwise specifiically indicated in fihis Will, any
provision for my children includes the below-named children, as well as any
child of mine hereafter born or adopted.
Wendy Weaver
Thomas Negrey
Holly Decker
Kelley Decker
DEBT
I direct that as soon as is practical after my death, the executox na.med
pursuant to this Will review all of my just debts and obligations,including last
illness and funeral expenses,except for those secured long-term debts that may
be assumed by the beneficiary of such property, unless such assumption is
prohibited by law or on agreement by the beneficiary.The executor is further
directed to pay any attorneys fees and any other estate administration expenses.
The executor shall pay these just debts only after a creditor provides timely and
Page 1 of my Last Will and Testament ��'`� (initial)
nOC#5os3�
sufficient evidence to support its claim and in accordance with applicable state
law.
I direct that any estate,inheritance,and succession taxes, including any
interest and penalties thereon,imposed by the federal government or any state,
district,or territory, attributable to assets includible in my estate, passing either
under or outside of this Will, be apportioned among the persons interested in my
estate in accordance with applicable stafie and federal law. My executor is
authorized and directed to seek reimbursement from the beneficiaries of my
estate of any taxes paid by my executor to the extent allowed by law.
If my executor cannot collect from any person interested in the estate the
amount of tax apportioned to that person,the amount not recoverable will be
equitably apportioned among the other persons interested in the estafie who are
subject to apportionment.
If a person is charged with or required to pay tax in an amount greater
than his or her prorated amount because another person does not pay his or her
prorated amount,the person chazged with ox required to pay the greater amount
has a right of reunbursement against the other person.
I further direct that if any beneficiary named in this Will is indebted to me
at the time of my death, and evidence of such indebtedness is provided or made
available to my executor, that share of my estate that I give to any and each such
beneficiary be reduced in value by an amount equal to the proven indebtedness
of such beneficiary unless: (i)I have specifically provided in this Will for the
forbearance of such debt, or(ii) such beneficiary is the sole principal beneficiary.
PRIMARY REMAINDER BENEFICIARIES
I divide all of the residue and remainder of my gross estate,real and
personal,wherever situated,into as many equal shares as there aze living
children of mine and deceased children of mine with issue then living.Each
living child shall be given one share. Any share of my estate allocated to a
deceased child with issue then living shall be further divided into shares for said
issue,per stirpes. Unless otherwise indicated in my Will, the shares allocated to
my children and the issue of my deceased children will be distributed to these
beneficiaries,outright and free of trust.The berms"issue;' "child;' "children;'
include a person who has a parent-child relationship, as defined under
applicable state law,with the person through whom this person claims benefits
Pa�e 2 of my Last Will and Testament �W� (initial)
under my Will. These terms do include persons who are adults at the time of
adoption.
DISTRIBUTION IF NO LIVING BENEFICIARIES
If at any time before full distribution of my estate all of my beneficiaries
are deceased and this instrument directs no other disposition of the property, the
remaining portion of my estate will then be distributed to my heirs determined
according to the laws of intestate succession, unless specifically disinherited
elsewhere in this Will.
EXECUTOR NOMINATION
I nominate my daughter,Wendy Weaver, to be the executor of this Will.
If,for any reason, my first nominee executor is unable or unwilling to
serve or to continue to serve as executor of this Will, I nominate my son,Thomas
Negrey,to be the successor executor.
If,for any reason,the nominees designafied above are unable or unwilling
to serve or to continue to serve as executor of this Will,I nominate my daughfier,
Holly Decker, to be the successor executor.
If none of the nominated executors are able,willing,and authorized to
serve or to continue to serve,and the vacancy is not filled as set forth above, the
majority of estate beneficiazies shall nominate a successor executor.If the
majority of estabe beneficiaries are unable to nominate a successor executor, the
vacancy will be filled pursuant to a petition filed by the resigning executor or any
person infierested in the estate in a court of competent jurisdiction.
NIISCELLANE�US EXECUTOR PROVISIONS
The term"executof' includes any executrix, personal representative,or
administrator,if those terms are used in the statufies of any state that has
jurisdiction over all or any portion of my estate.
Page 3 of my Last Will and Testament �wIJ (initial)
My executor will have broad and reasonable discretion in the
administration of my estate to exercise all of the powers permitted to be
exercised by an executor under state law,including the power to sell estate assets
with or without notice,at either public or privabe sale, and to do everything he or
she deems advisable and in the best interest of my estate and the beneficiaries
thereof,all without the necessity of court approval or supervision. I direct that
my executor perform all acts and exercise all such rights and privileges, although
not specifically mentioned in this Will,with relation to any such property, as if
the absolute owner thereof and, in connection therewith,to make,execute,and
deliver any instruments,and to enter into any covenants or agreements binding
my estate or any portion thereof.
If there aze two co-executors serving, they shall act by unanimous
agreement. If there are more than two co-executors serving�they shall act in
accordance with the decision made by the majority of co-executors.
Subject to specific provisions to the contrary,I authorize my executor to
distribute a share of my estate given to a minor beneficiary, up to the whole
thereof,to a custodian under t�e applicable Transfers to Minors Act or Gifts to
Minors Act, if in the executor's discretion,it is in the best interests of the
beneficiazy.The executor may also make distributions to a minor by making
distributions to the trustee of a trust creabed under this Will for a minor
beneficiary, the guazdian of the mino�'s person, or the guardian of the minor's
estabe.
No person named as an executor is required to post any bond.
1 authorize my executor to make the following choices or elections in my
executor's absolute discretion,regardless of the resulting effect on any other
provisions of this Will or on any person interested in my estafie or in the amount
of any of the taxes referred tn: (a) choose a valuation date for estat�e or inheritance
tax purposes or choose the methods to pay estate or inheritance taxes;(b)elect to
treat or use an item,for either federai or state tax purposes,as either an income
tax deduction or as a deduction for estate or inheritance tax purposes; (c)
determine when a particular item is to be treated as taken into income or used as
a tax deduction,to the extent the law provides that choice;and (d) disclaim all or
any portion of any interest in property passing to my estate at or afber my death,
even though any of these actions may subject my estate to additional tax
liabilities.No person adversely affected by my executof s exercise of discretion
under this clause is entitled to any reimbursement or adjushnent,and my
execntor is not required to make any adjustment between income and principal
Yage 4 of my Last Will and Test�ment��^� (initiai)
or in the amount of any property passing under this Will as a result of any
election under this provision.
I authorize my executor,without obtaining court approval, to employ
professional investment counsel on such terms as my executor considers proper,
and to pay the fees of investment counsel as an expense of administration of my
estate. However,my executor is under no obligation to employ any investrnent
counsel.
I authorize my executor either to continue the operation of any business
belonging to my estate for such time and in such manner as my executor may
consider advisa.ble and in the best interest of my estate,or to sell or liquidate the
business at such time and on such terms as my executor may consider advisable
and in the best infierest of my estate. Any such good faith operation,sale,or
liquidation by my executor will be at the risk of my estate and without liability
on the part of my executor for any losses that may result.
SIMULTANEOUS DEATH
If it cannot be established if a beneficiary of my estate survived me, the
provisions of the applicable Uniform Simultaneous Death Act,as amended, or
any substantially sinvlar successor act effective on the date of my death,will
apply.
NONLIABILITY OF FIDUCIARIES
Any fiduciary, including my executor and any trustee,who in good faith
endeavors to carry out the provi.sions of this Will,will not be liable to me,my
estate,my heirs,or my beneficiaries for any damages or claims arising because of
their actions or inaction, or the actions of any predecessor fiduciary acting
pursuant to this Will. My estate will indemnify and hold thent harmless.
Page 5 of my Last Will and Testament �`v"^� (initial)
SAVINGS CLAUSE
If a court of competent jurisdiction at any time invalidates or finds
unenforceable any provision of this Will,such invalidation will not invalidate the
whole of this Will. All of the remaining provisions will be undisturbed as to their
legal force and effect. If a court finds that an invalidated or unenforceable
provision would become valid if it were limited, then such provision will be
deemed to be written,deemed,construed, and enforced as so limited.
Page 6 of my Last Will and Testament ��� (initial)
IN WITNESS WHEREOF,I, the undersigned testator, declare that I sign
and execute this instrument on the date written below as my last will and
testament and further declare that I sign it willingly, that I execute it as my free
and voluntary act for the purposes expressed in this document, and that I am
eighteen years of age or older, of sound mind and memory, and under no
constraint or undue influence.
��/}'jG t'r
(Signature of Bernard N grey)
Date: ��z �J-�
Page 7 of my Last Will and Testament gvVn� (initial)
ATTESTATION
This last will and testament,which has been separately signed by Bernard
Negrey,the testator,was on the date indicated below signed and declared by the
above named testator as his or her last will and testament in the presence of each
of us. We,in the presence of the testator and each other, at the testator's request,
under penalty of perjury, hereby subscribe our names as witnesses to the
declaration and execution of the last will and testament by the testator, and we
declare that,to the best of our knowledge, said testator is eighteen years of age or
older, of sound xnind and memory and under no constraint or undue influence.
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1. � -
(Signatu o witness) (I'rint Name}
Dat�e:�-,�•/�-T- c� �t.1 > r c, ✓z�1 ..�
(Address)
r - �l`�'�(G��� �
(City,State,ZQ') \
2.
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Dafie: /-.:,? •/�� �'�t� N�� �_c")c'3 cQ
(Address)
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(City,Sta , )
Page 8 of my Last Will and Testament �i'�^� (initial)
,
° SELF-PROVING AFFIDAVIT
Acknowledgment
Commonwealth of Pennsylvania
County of Somerset
I,Bernard Negrey,the testator whose name is signed ta the attached or foregoing instrument,having
been duly qualified according fio law,do hereby acknowledge that I signed and execufied the instrument
as my Last Will;and that I signed it williagly and as my free and voluntary act for the purposes therein
expressed.
, Nv
Swom bo or affirmed and acknowledged before me by Bernard Negrey,the testa6or,this r�day of
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Signature of Berna ��'�—
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Signature tary bli
r�oNweni.n�oF�nx�mva�ra
(seal) Mo�r�l seal
Staoey L.R«,�ers,Nol•ary PubNc
�oonrMsslon�e�Wres���s� Affidavit
�,�v�wr,►�ssocv►�oF�wt�
Commonwealth of Pennsylvania
County of�ia mn a�i�Ln d
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We � and ��19 �1�f21 ,the witnesses whose names are
signed to the a ched or foregoing instrum �being duly qualified according to law,do depose and say
that we were present and saw the besta�r sign and execube the instrument as the testabof s Last Will;that
the fiestat�r signed willingly and executed it as the testafio�'s free and voluntary act for the purposes
therein expressed;that each subscribing witness in the hearing and sight of the testator signed the will as
a witness;and that to the best of our knowledge the bestator was at that time 18 or more years of age,of
sound mind and under no constraint or undue influence.
Sw rn to or ed a�d subscribed bo before me by and
n n (witnesses),thi �day of � 20�.
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S' re o itn ss i ture of Witness
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Signature of ry blic
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