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HomeMy WebLinkAbout09-08-14 ^ � nesez 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 / I ( �} Name• Rav Hironimus File No: �-� '�`7 ' � h'•J15 ��a: (Assigned by Register) a/k/a: �a; Social Security No: Date of Death: September 2 2014 Age at death: 71 Decedent was domiciled at death in Cumberland County, Penn�ylvania (state)with his/her last principal residence at 995 Grandon Wav Mechanicsbur� PA 17050 Hamnden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 995 Grandon Wav Mechanicsbur¢ PA 17050 Hamoden Township Cumberland PA Street sddreas,Post Office and Zip Code City,TownaLip or Borough County Stste Estimate of value of decedent's property at death: If domiciled in Pennsylvania.......... . . . . . . .......... . . All personal property $ 3,400,000.00 If not domiciled in Pennsylvania. . . .. . . . .............. . . Personal property in Pennsylvania $ If not domici[ed in Pennsylvania. .. ....... ... . . ... . . .... Personal property in County $ Value of real estate in Pennsylvania.. ...... . . . . . . . . . . . . . . ...... . . . $ 409 7O0_00 TOTAL ESTIMATED VALUE. .. . $ 3.809.700.00 Real estate in Pennsylvania situated at: 995 Grandon Wav Mechanicsburg PA 17050 Hampden Township Cumberland (Attach addiHonal 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)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated January 24,2014 and Codicil(s) thereto dated None State relevant circumstances(e.g.renunciation,death of executor,etG) � - ° :�! Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not�yo�ed,was rn�Ca par��ending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323}�},�d did no�ve aGCh' born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. � s n -�o tn � --�f Q NO EXCEPTIONS Q EXCEPTIONS � �' � r'' � A� ::' � ,� G B. Petition for Grant of Letters of Administration (If applicable) � � '��� � "n c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,dt�1a� �entis,-�ura�m�r oritate ,� � � If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and coinple'�e list o�eir� � ro w � � Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divo''c�e had been s�blished a'3ldefined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q 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 Relationshi Address V� Fo�nw oz rev.10/I1/2011 �Y�lge 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 Jeffre Hironimus 796 W.Trail North Gra slake IL 60030 Debbie Borosk 533 4th Street,Lemont,IL 60439 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Perition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the De edent,the Pet'ioner(s)will well and tntly administer the estate according to law. Sworn to or affirmed a d s bs ribed b ore� ` Date < � /Y me this ay , � Date �l B Date or e Registe Date � BOND Required: Q YES Q NO To the Register of Wills: FEES' Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ ZI I O• DCi Attorney Signature: ( (p ) Short Certificate(s).. . . . . �O�L��i ( )Renunciation(s).. . . . . . . . ._ r ( )Codicil(s). . . . . . . . . . . . . • ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: ViCky Ann Trimmer Commission. . . . . . . . . . . . . . . . . . Supreme Court O^t�er . . . . . . . ID Number: 49679 �� �:� 'U� � . . . . . . . �S, � � � � M --- , , . . . . . . (��j_� Firm Name: Persun&Heim,� � rn - G� '� Address: PO Box 659 � �4�� ,� . . . . . . . � �L� — ' Marhanirchi�Tg,,,� ��O�iS9 .-1 t� �_ . . . . . . . . � �, c�, rn . . . . . . . . �� _w cr� . . . . . . . Phone: 717-620-2440 *� � �._ -O � -Qr� Automation Fee. . . . . . . . . . . . . . . y• � Fax: 717-620-2442 � �-�... `*� � -- JCS Fee. . . . . . . . . . . . . . . . . . . . . �• Email: vatrimmPrCa� rci�nhe�in_ .�m N r" rn TOTAL. . . . . . . . . . . . . . . . . . . . . $ZZ-2S. . � � c� � W DECREE OF THE REGISTER Estate of Rav Hironimus File No: ��j�/�� C�� �� a/k/a:NA AND NOW, �� L`� , -��1 ,1� , 2--�-� �`�, in consideration of the foregoing Petition, satisfactory proof having been presen ed before me, IT IS DECREED that Letters Testamentarv are hereby granted to Jeffrey Hironimus and Debbie Boroskv in the above estate and(if applicable)that the instrument(s)dated Janu�rv 24 2014 described in the Petition be admitted to probate and filed of r cord as t e last Wil (and Codicil(sl) of Decedent. � �.-� �'� egister of Wil s �,� � ��� /�, Form RW-O2 rev.10/11/2011 age 2 of 2 � ���� ������ ��� ��������� s rt rn � � rn � o � -r� n -o cn a OF � ar rirn r- � r� pp ;� o � U? %-� C� RAY HIRONIMUS �� � � � � � �w� � N � m , � I, RAY HIRONIMUS, of Mechanicsburg, Cumberland C�unty, w "�' -Q*� Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate t�es becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate except as provided in Item IV. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I give my friend, FATHER EDWIN PACOCA, the option to purchase my interest in the Florida condo for its fair market value. Fair market value shall be determined via an appraisal which satisfies the requirements of the Internal Revenue Code for Federal Estate Tax valuation purposes. ITEM IV: If I survive my companion, MARGAR,ET KIEFF, I give my real estate located at 995 Grandon Way, Mechanicsburg, Page 1 �� Pennsylvania, to her then living children, in equal shares. Any and all inheritance and estate t�es becoming due on this bequest shall be paid by the recipients of this bequest and shall not be paid from the residue of my estate. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will, including any tangible personal property, to my children, JEFFREY HIRONIMUS, JAMES HIRONIMUS, DEBBIE BOROSKY, DONNA WILSON, PATRICIA SAWKA, and JOHN HIRONIMUS, in equal shares. If any of my named children is not living at my death, the share of my deceased child shall be paid to his or her then living issue, per stirpes. If, however, any issue of a deceased child has not attained the age of forty (40,1 years at the time of my death, his or her share shall be held in trust pursuant to the terms of ITEM VI below. ITEM VI: The share of any grandchild who has not attained the age of forty (40) years shall be held, IN TRUST, by my children, JEFFREY HIRONIMUS and DEBBIE BOROSKY, as Trustees, IN TRUST NEVERTHELESS, to be administered and distributed as follows: (a) The Trust shall be known as "Grandchild's Name" Grandchild's Trust. (b) The Trustee shall pay to or for his or her benefit, in convenient, at least annual, installments, all of the net income. (c) The Trustee shall also pay to or for the benefit of that grandchild (the "Beneficiary") so much of the principal of this Trust as the Trustee, in the sole discretion of the Trustee, considers necessary to maintain the Beneficiary in the proper station in life, including proper support, maintenance, medical care and college or higher educatio Page 2 � (d) Upon the attainment of the age of thirty (30) years by the Beneficiary, the Trustee shall distribute one-quarter (1/4) of the then remaining principal to the Beneficiary. Upon the attainment of the age of thirty-five (35) years by the Beneficiary, the Trustee shall distribute one-half(1/2) of the then remaining principal to the Beneficiary. Upon the attainment of the age of forty (40) years by the Beneficiary, the Trust shall terminate, and the Trustee shall distribute to the Beneficiary all the assets of the Trust. (e) If the Beneficiary dies before final distribution of the assets of the Trust, but is survived by then living issue, the Trustee shall quarterly pay the net income from this Trust to or for the benefit of the Beneficiary's issue, per stirpes, living at each time of quarterly distribution. As soon as any one of the Beneficiary's issue attains the age of twenty-one (21) years, the Trustee shall pay over all of the assets in the Trust to the then living issue of the Beneficiary, per stirpes. Should such Beneficiary die before final distribution of this Trust and not be survived by issue, the provisions of subparagraph (f� shall apply. (f� If at any time before final distribution of the assets of any of the Trusts established for issue of deceased children, there are no living beneficiaries of said Trust, the Trust shall terminate, and its assets shall be distributed to my other children if then living, or if a child is not then living to such child's then living issue, per stirpes, provided, that if there is then an existent Trust for the benefit of said issue of such deceased child such assets shall be added to the then existent Trust created for the benefit of such issue. ITEM VII: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by Page 3 creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VIII: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments," and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make,join in and consummate partitions of lands, voluntarily or involuntarily, including Page 4 giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. (f� To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other t�es, and to assign and pledge assets of my estate or any Trust established by this Will. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. .�r��� � , _ (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that the inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code P � � age 6 may be made with respect to one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM IX: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the bene�ciary is under a legal disability: (a) Directly to the beneficiary; (b) To the legal guardian or conservator of such beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or Page 7 �,� (e) By directly applying distributions for the benefit of the beneficiary. ITEM X: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself� who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM XI: I make the following provisions with respect to Executors and Trustees: (a) I appoint my children, JEFFREY HIRONIMUS and DEBBIE BOROSKY, to be the Executors and Trustees. (b) The last of my named Trustees to survive shall have the right to appoint the person(s) who shall serve as successor Trustee in the event of a complete vacancy in the office of Trustee. If the survivor does not make this appointment, or if the person(s) so appointed are unable or refuse to serve, FULTON BANK, shall serve as Trustee. Thereafter, each Trustee shall have the power to appoint his or her successor. (c) Each appointment of a successor Trustee shall be in writing and shall be filed with the court in the jurisdiction which is the situ� of the Trust. The written instrument shall be signed by the person having the power to make the appointment. Page 8 '� r � (d) Each Executor and Trustee shall have the right to receive reasonable compensation for services rendered. (e) Each Executor and Trustee is specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eight (8) pages, at the end of each page of which I have also set my initials for greater security and better identification this 24t'' day ofJanuary, 2014. ; � ' /�c �- RAY HIRON MUS Pa e 9 � I� g , i We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. '�,�,( �: .��- (sE�> Residing at � C�J C�-�. (��N b��✓(�- 1�`"7� � �C� A '� J/ �, I�7 l� � * � �C ��. �"�� , �--�. �- > Residing at i o`1 Sc-1,�vl ���LT� �� , c�2�� S�� �Pc� l� ° � 3 � ,r,� � �t � L (SEAL> Residing at ��� l�/������ �- �✓� r�l ; � ,`c��� o��` P�+ I7o�� . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) I, RAY HIRONIMUS, Testator, whose name is signed to the attached or 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. (SEAL) RAY I ONIMUS Sworn to and subscribed before me this 24t`' day of January, 2014. Notary Public My Commission Expires�� �'�` ���/� (SEAL) � COMMONWEALTH OF PENNSYLVANIA Notarial Seai Jutia A.Wieman,Notary Public Siiver Spring Twp.,Cumberland County My Commission Expires Au9. 28,2017 �Mft48E�. PEtUISYIVANIA ASSOC7A7I01t OF t�G7E.�']ES . a AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) We, �i�)4, ,���r���..ti,� , .� 1 1�1��� �and ��r�rt r��eltc��� �'�,���,��j , the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, RAY HIRONIMUS, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. . \ � � � V � . Witness Wit ess � .Ly�,�c.e�.�— !� ; Witness Sworn to and subscribed before me this 24th day of Janaury, 2014. � � �� , Notary Public v � �� ��/� My Commission Expires: ��� l (SEAL) C�hiMONWEALTH OF PENNSYLVANIA `— Notariai Seal � )ulia A.Wieman,Notary Public ! SNver Spring Twp.,Cumberland County tAy Commfssion Expires Aug.28,2017 ��'E'�;EF.f+, 2E1itlSYLV4�IIA ASSOCTATION OF tI0TAk1E5 36343v1 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � �� �y �FrC U/�,je� No. 2014- 00838 PA No. 21- 14- 0838 J� ���• �9 '. Es ta t e Of: RA Y H/RONIMUS �, � O D � (Pirst,Middle,Last) �� ,,�,+ � � � V � � � � � � � La te Of: HAMP�EN TOWNSHIP c�r � � --r'�'o �, �° CUMBERLAND COUNTY � x, r--- ._� �, , � a� rX•, � r� rn Deceased -�- �' ��`� �' ° Soci al Securi ty No: � � � ' � c� c,.� 1750 ':_� � -�; � � � _, =� o � rn WHEREAS, on the 8th day of September 2014 an inst�ument �te�dn � January 24th 20I4 was admitted to probate as the last wi11 of RA Y HIRON/MUS (Fi�st,Middle,Lastl late of HAMPDEN TOWNSH/P, CUMBERLAND County, who died on the 2nd day of September 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JEFFREY H/RON/MUS and DEBBIE BOROSKY who have duly qualified as EXECUTOR(R/XJ and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 8th day of September 2014. , � , ; ,, � �.. a ,� � , ���� -J �-�, ' � � ��- ���- � � ��,� �: i_ '- Regisler of Wills � � < � , � - � �, . ; / ( . �_ ; � ; r � ( �� ; ,� f ��`j 1. l� � �-- �� i � �, Deputy l **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)