HomeMy WebLinkAbout02-02-15 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: Stacey G.Sramek File No:
a/k/a: Stacey Gerwig Sramek (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: January 17,2015 Age at death: 97
Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last
principal residence at 5225 Wilson Lane#322, 17055 Mechanicsburg,Lower Allen Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Holy Spirit Hospital 17011 Camp Hill,East Pennsboro Township Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
]f domiciled in Pennsylvania............................ All personal property $ 100,000.00
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. ... $ 100 000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
ry
A. Petition for Probate and Grant of Letters Testamentary 2E� �0
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated March 2F=9' .4 _and c Gigs)
thereto dated C)
State relevant circumstances(e.g.renunciation,death of executor,etc.)
t,. M
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not diverced;�was not a party to a gerkd_yng
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),.and4d not hav=chil&r ornfor
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. c--, L7 —rt :3 r rt
NO EXCEPTIONS Q EXCEPTIONS ►—' r" rTJ
F1 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,ca.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.
Q 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(ifany)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
Form RW-02 rev. /011112011 Page I of 2
Oath of Personal Representative Official Use Only
= COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
John S. Sramek Jr. 971 De Sote Lane Foster City,CA 94404
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoi g Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the e nt,th Pettioner(s)will well and truly administer the estate according to law.
Sworn toor firmed and subscribed before _ Date 0\ 2c71Z0\5
me this �� day ofa �� Date
By: S Date
rhe Register Date
BOND Required: 0 YES NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
Letters. . . . . . . . . . . . . . . . . . . . . . S 210.00 Attorney Signature:
( 5 ) Short Certificate(s). . . . . . 25.00
( ) Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( ) Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: David M.Watts,Jr.,Esquire >
Commission. . . . . . . . . . . . . . . . . . Supreme Court C7 �, M
Other Will . . . . . . . . 15.00 ID Number: 42232
File Inventory . . . . . . . 15.00 r't "f)
File ITR . . . . . . . . 15.00 Firm Name: McNees Wallace&Nariok-LLQ e "
. . . . . . . . Address: 100 Pine Street
. . . . . . P-0.Box 1166
. . . . . . . . Lancaster PA 17108,1166 V
. . . . . . . Phone:
717.237.5344
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717.260.1658 --t "-
JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: T)w'gttenM3&n rnm �
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 320.50
DECREE OF THE REGISTER
Estate of Stacey G. Sramek File No:
a/k/a:
AND NOW, F �_ ?-��� in consideration of the foregoing Petition,
satisfactory proof having been presented b fore me,IT IS DECREED that Letters Testamentary
are hereby granted to John S. Sramek Jr.
in the above estate and(if applicable)that
the instrument(s) dated March 28 2014
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent.
Dk
J)bbister of Wills
Form RW-01 rev. roi»nni1 Page 2 of 2
U_
C> WILL
OF
N
STACEY G. SRAMEK
co
O c
CD UJI
w = � raZD
USTACEY G. SRAMEK, currently of Cumberland County,
Pennsylvania, do hereby declare this to be my will and hereby revoke all
prior wills and codicils made by me.
1 . Personalty. I bequeath such items of my tangible personal
property as are specifically itemized on a list, if any, in my handwriting,
signed and dated by me at the end thereof, and attached to this, my will, to
the person(s) named thereon to receive such items. I bequeath all of my
remaining tangible personal property not used in business or for the
production of income, including without limitation furniture, furnishings,
clothing, jewelry, objects of art and decoration, and the like, and any motor
vehicles which I own, together with the insurance thereon, to my issue, per
stirpes. If said issue are not all competent adults, or if they cannot agree
on a division, then my executor shall make the division, and may sell any
items passing hereunder and distribute the proceeds.
2. Contingent Specific Bequests. My husband and I have
advanced or loaned the following amounts to our three sons as follows:
John S. Sramek, Jr. ("Jack") - $9,000; Roger A. Sramek ("Roger") -
$30,000 (approximate amount owed on mortgage note as of January 9,
2014); and Thomas F. Sramek ("Tom") - $34,946. However, for the
purpose of making sure our sons share equally our remaining assets after
the payment of taxes and other debts, there shall first be distributed such
amounts to Jack and Roger in a manner so that there is an equal
distribution to each of our sons, after taking into consideration advances or
loans to them which have not been repaid. Currently, based on the
outstanding advances and loans described above, this would result in a
distribution of Twenty-Five Thousand Nine Hundred Forty-Six Dollars
($25,946) to Jack ($34,946 advanced to Tom less $9,000 advanced to
Jack) and Four Thousand Nine Hundred Forty-Six Dollars ($4,946) to
Roger ($34,946 advanced to Tom less $30,000 owed by Roger). The
amount distributed to Roger shall be determined with respect to his
outstanding loan balance at the date of my death.
3. Residue. I bequeath, devise, and appoint all the rest of my
property, of whatever nature and wherever situated, including property over
which I hold a power of appointment, in equal shares to John S. Sramek,
Jr., Thomas F. Sramek, and Roger A. Sramek, per stirpes.
4. Survival Clause. If any beneficiary hereunder should die within
sixty (60) days after me or within sixty (60) days after any other person the
survival of whom determines his or her rights hereunder, then such
beneficiary shall be deemed to have predeceased me or such other person
for all purposes hereunder.
5. Powers. In addition to such other powers and duties as may be
granted elsewhere herein or which may be granted by law, the fiduciaries
hereunder shall have the following powers and duties, without the necessity
of notice to or consent by any court:
(a) To retain all or any part of my property, real or personal,
in the form in which it may be held at the time of its receipt, including any
stock of any corporate fiduciary hereunder, as long as in the exercise of
their discretion it may be advisable so to do, notwithstanding that said
property may not be of a character authorized by law.
(b) To invest and reinvest any funds held hereunder in any
property, real or personal, including, but not by way of limitation, bonds,
preferred stocks, common stocks, and other securities of domestic or
foreign corporations or investment trusts, mortgages or mortgage
participations, and common trust funds, even though such property would
not be considered appropriate or legal for a fiduciary apart from this
provision.
(c) To sell, convey, exchange, partition, give options to buy
or lease upon, or otherwise dispose of any property, real or personal, at
any time held by them, with or without order of court at their option, at
public or private sale or otherwise, for cash or other consideration or for
such credit terms as they think proper, and upon such terms and for such
- 2 -
prices as they may determine, and to convey such property free of all
trusts.
(d) To borrow money from any person, including any fiduciary
hereunder, for any purpose in connection with the administration hereof, to
execute promissory notes or other obligations for amounts so borrowed,
and to secure the payments of such amounts by mortgage or pledges of
any property, real or personal, which may be held hereunder.
(e) To make loans, secured or unsecured, in such amounts,
upon such terms, at such rates of interest, and to such persons, firms or
corporations as they may deem advisable.
(f) To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by them, for as long a
period of time and on such terms, as they may determine, and to adjust,
settle and arbitrate claims or demands in favor of or against them.
(g) In dividing or distributing any property, real or personal,
included herein, to divide or distribute in cash, in kind, or partly in cash and
partly in kind.
(h) To hold, manage, and develop any real estate which may
be held by them at any time, to mortgage any such property in such
amounts and on such terms as they may deem advisable, to lease any
such property for such term or terms, and upon such conditions and rentals
as they may deem advisable, whether or not the term of any such lease
shall exceed the period permitted by law or the probable period of retention
under this instrument; to make repairs, replacements and improvements,
structural and otherwise, in connection with any such property, to abandon
any such property which they may deem to be worthless or not of sufficient
value to warrant keeping or protecting, and to permit any such property to
be lost by tax sale or any other proceedings.
(i) To employ such brokers, banks, custodians, investment
counsel, attorneys, and other agents, and to delegate to them such duties,
rights and powers as they may determine, and for such periods as they
think fit.
- 3 -
(j) To register any securities at any time in their names as
fiduciary, or in the names of nominees, with or without indicating the trust
character of the securities so registered.
(k) With respect to any securities held hereunder, to vote
upon any proposition or election at any meeting of the person or entity
issuing such securities, and to grant proxies, discretionary or otherwise, to
vote at any such meeting; to join or become a party to any reorganization,
readjustment, merger, voting trust, consolidation or exchange, and to
deposit any such securities with any committee, depository, trustee or
otherwise, and to pay out of the trust created herein, any fees, expenses,
and assessments incurred in connection therewith; to exercise conversion,
subscription or other rights, and to receive or hold any new securities
issued as a result of any such reorganization, readjustment, merger, voting
trust, consolidation, exchange or exercise of conversion, subscription or
other rights and generally to take all action with respect to any such
securities as could be taken by the absolute owner thereof.
(1) To engage in sales, leases, loans, and other transactions
with my estate, the estate of my husband, or any trust established by either
of us, even if they are also fiduciaries or beneficiaries thereof.
(m) To make all necessary proofs of death under the
insurance policies of which they are the beneficiary, to execute any receipts
for the proceeds and to institute any action to collect said proceeds and to
make adjustments of any claim thereunder, provided, however, that they
need not institute any action unless they shall have been indemnified
against all expenses and liabilities to which they may become subject as a
result thereof. If, however, they desire to institute such action without
indemnification, they are hereby authorized to be reimbursed for all
expenses and liabilities incurred as a result thereof from any amounts
which may be held in trust hereunder then or thereafter.
(n) To exercise all elections which they may have with
respect to income, gift, estate, inheritance or other taxes, including without
limitation execution of joint income tax returns, election to deduct expenses
in computing one tax or another, election to split gifts, and election to pay
- 4 -
or to defer payment of any tax, in all events without their being bound to
require contribution from any other person.
(o) To operate, own, or develop any business or property
held hereunder in any form, including without limitation sole proprietorship,
limited or general partnership, corporation, association, tenancy in
common, condominium, or any other, whether or not they have restricted or
no management rights, as they in their discretion think best.
6. Spendthrift Clause. No interest (whether in income or principal,
whether or not a remainder interest, and whether vested or contingent) of
any beneficiary hereunder shall be subject to anticipation, pledge,
assignment, sale or transfer in any manner, nor shall any beneficiary have
power in any manner to charge or encumber his or her said interest, nor
shall the said interest of any beneficiary be liable or subject in any manner
while in the possession of the fiduciaries for any liability of such beneficiary,
whether such liability arises from his or her debts, contracts, torts, or other
engagements of any type.
7. Facility of Payments for Minors or Incompetents. Any amounts
or property which are payable or distributable hereunder to a minor or
incompetent may, at the discretion of the fiduciaries, be paid to the parent
or guardian of such minor or incompetent, to the person with whom such
minor or incompetent resides, or directly to such minor or incompetent, or
may be applied for the use or benefit of such minor or incompetent.
8. Taxes. I direct that all estate, inheritance, and succession
taxes that may be assessed in consequence of my death, of whatever
nature and by whatever jurisdiction imposed, other than generation-
skipping taxes, shall be paid out of the principal of my general estate to the
same effect as if said taxes were expenses of administration, except that
any such additional taxes (and interest and penalties thereon) imposed on
account of my interest in or power over any trust established by my
husband shall be paid out of the property held in such trust, and all other
property includable in my taxable estate for federal or state tax purposes,
whether or not passing under this will, shall be free and clear thereof;
provided, however, that my executor may in the discretion of the executor
request that any portion or all of said taxes (to be paid out of the principal of
- 5 -
my general estate) shall instead be paid out of the principal of any trust
established by me in this will or otherwise, to the extent expressly
authorized under the terms of said trust. With the consent of the trustee
hereunder, said taxes may be paid out of the principal of the trust
established herein as if said taxes were expenses of administration,
provided, however, that no such taxes shall be paid out of assets, such as
payments received from a qualified pension or profit-sharing plan, that are
not includable in my federal gross estate.
9. Fiduciaries. I appoint as executor hereunder my son, John S.
Sramek, Jr. If John S. Sramek, Jr., is unable or unwilling to serve as
executor hereunder, then David M. Watts, Jr., Esquire, or such other
attorney as appointed by the Management Committee of McNees Wallace
& Nurick LLC shall serve as executor. No individual fiduciary shall be liable
for the acts, omissions or defaults of any agent appointed and retained with
due care or of any co-fiduciary. No fiduciary shall be required to furnish
bond or other security for the proper performance of duties hereunder.
- 6 -
IN WITNESS WHEREOF, I, STACEY G. SRAMEK, herewith set my
hand to this, my last Will, this Zi�( day of 2 , 2014.
G ,�>7
(SEAL)
STACEY G. SRAMEK
Witnessed:
residing at
residing at 4
- 7 -
A /
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF
STACEY G. SRAMEK, (the testatrix),
and l' G4 5X&416-- , (the witness s), whose names are
signed tot a foregoing instrument, being first duly sworn, each hereby
declares to the undersigned authority that the testatrix signed and executed
the instrument as her last will in the presence of the witnesses and that she
had signed willingly, and that she executed it as her free and voluntary act
for the purposes therein expressed, and that each of the witnesses, in the
presence and hearing of the testatrix, signed the will as witnesses and that
to the best of his or her knowledge the testatrix was at that time eighteen
years of age or older, of sound mind and under no constraint or undue
influence.
WITNESS: TESTATRIX:
>j C11
STACEY G. SRAMEK
W;uLibscribed,
sworn to and acknowledged before me by STACEY G.
SRAMEK, the to tatrix, and subscribed and sworn to befoJe me by
and s41
the witn sses, this Qday of I�VG/e ,/2014.
Notary Public
-COMMONWEALTH OF PENNSYLVANIA
(S NOTARIAL SEAL
JOHN R.E.BOWEN.Notary Public
Lower Allen Twp.,cumberiand county
- 8 - -my commission 'res October 30,2017
Wallace & Nurick LLC
McNees
100 Pine Street* PO Box 1166 e Harrisburg,PA 17108-1166 David E.Gruver,Pa.C,P.
Tel: 717,232,8000 a Fax: 717,237.5300 Paralegal
Direct Dial:717.237.5362
Direct Fax:717,260.1658
dgruver@mwn.com
January 30, 2015
VIA FEDERAL EXPRESS
C='
Cumberland County Register of Wills
1 Courthouse Square
Suite 102 ry
Carlisle, PA 17013
c) -1, -VI
RE: Estate of Stacey G. Sramek cz) - 71,
ZEE
t-5
rn
Dear Sir or Madam: co ct�
Enclosed are the documents to probate the Will of Stacey G. Sramek. The Executor was sworn
in at the Dauphin County Register of Wills Office.
1. Will dated March 28,2014
2. , Copy of the Will
3. Petition for Grant of Letters
4. Original Death Certificate for Stacey Gerwig Sramek
5. Estate Information Sheet
6, Probate checks
Please date stamp the file copies of the Petition and Estate Information Sheet and return to me in
the envelope provided. Please contact me if you have any questions.
Thank you.
Si erel
a.�P
David . "I'Ll I C.
Paralegal
Enclosures
c: John S. Sramek, Jr.
www.mwn.com
HARRISBURG, PA o LANCASTER,PA a SCRANTON, PA STATE COLLEGE, PA COLUMBUS, OH 0 WASHINGTON, DC
IL
f--
! o� .� ° 4
E r- c p•vi o S ,5 m
Fn h I ss
Ef �� r-
`p"�w
m'
p z N
.9* y^
v
c N a 7
w oc
vci o
Jco
Y �
16.00 L! w
o m {
745
02.02
z
a
0 Z
a
E z m
�• On 2 CoD
I
I
i
r
75
W
} f M.
/irrrr/rrrrr/rr/ frrr/rrr/r 1egs o1 Olay ssald •leas o1 aJay ssa�d jeas 01 aJay ssaJd
�rrrrrrrrrrrrrrr��--��-rrrrrrrrrr � !
•6uiddi4s ajojaq deU-1 s s noA :,apuaS