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HomeMy WebLinkAbout04-02-15 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: EDWARD ZALESKY File No: 21-15- 3(�2S a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 3/26/2015 Age at death: 85 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last principal residence at 20 LONGVIEW DR. 17050 SILVER SPRING CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 46 ERFORD RD. 17011 CAMP HILL CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania................................All personal property $ 250,000.00 Ifnot domiciled in Pennsylvania.............................Personal property in Pennsylvania $ If not domiciled in Pennsylvania.............................Personal property in County $ Value of real estate in Pennsylvania.............................................................. $ 200.000.00 TOTAL ESTIMATED VALUE.... $ 450.000.00 Real estate in Pennsylvania situated at: 20 LONGVIEW DR 17050 SILVER SPRING CUMBERLAND (Attach additional sheets,ifnecessary.) 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 2/6/2015 and Codicil(s) thereto dated NONE State relevant circumstances(e.g.renunciation,death ofexecutor,etc.) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,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 did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® 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.,pendeme lite,durante absentia,durante minoritate If Administration,at.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. ❑ NO EXCEPTIONS ❑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): i--.3 Name Relationship AddrtEs d co -10_-0 rrI G�l C` S CJ Cn X, -rt -r1 Zc- c 7 iY N CIS C:� ?T1 Form RW-02 rev.10/11/2011 Page I of 2 47 c�i't %� t`►'1 p" rn —V iciallMOnlyU) Oath of Personal Representative ea, rn COMMONWEALTH OF PENNSYLVANIA } t cn r� C� } SS: COUNTY OF CUMBERLAND } > :E Petitioner(s)Printed Name Petitioner(s)Printed Addtess fV . 54 E. MAIN ST. r DAVID R. GALLOWAY 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 Petitioner(s)will well and truly administer the estate according to law. Sworn to fft or rmed and subscr'bed be ore Date me thi a Date BY Date For the Regi er Date BOND Required: ❑ YES M NO To the Register of Wills: FEES: Please enter my appearance by/my s/ture elow: Letters... . .... ..... ... . . . . . . . $ Attorney Signat e: ( 3 )Short Certificates(s) .. . . .. ( )Renunciation(s). . . . . . . . . . ( )Codicil(s) . . . . .... . . . . . . ( )Affidavit(s). . . . . . .. . . . . . Bond Printed Name: MURREL R.WALTERS, III Commission . . . . . . . . . .... . . . .. . . Supreme Court Other VJk � , , ,,,. , , , (rj ID Number: 24849 Irl V 15 r :(.Y'7. lS Firm Name: WALTERS&GALLOWAY, PLLC Address: 54 E. MAIN ST. MECHANICSBURG PA 17055 • • • • •• • • . Phone: 717-697-4700 • • • • • . . • . Fax: 717-697-9395 Automation Fee ..... . . .. . . . . . . .. Email: murrelCaDwaltersgalloway.eom JCS Fee . ...... . ..... . . . . . . . . .. 35.�JO TOTAL . ...... . . .... . . . .... . .$ DECREE OF THE REGISTER Estate of EDWARD ZALESKY File No: 21-15- � a/k/a: AND NOW, ID- �� ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to DAVID R. GALLOWAY in the above estate and(if applicable)that the instrument(s)dated FEBRUARY 6. 2015 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. ster of Wi s CUM LAN Form RW-02 rev.10/11/2011 ,J n Of 2 .tea D C7` M F 1i M LAST WILL AND TESTAMENT 'i rv ' ' rn (n . BE IT REMEMBERED THAT 1, EDWARD ZALESKY, a resident of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I have three children, MARY KATHLEEN ALBRIGHT, REBECCA A. DODSON and SUSAN M. ZALESKY. I have intentionally made no provision for my daughters in this Last Will and Testament as I have previously provided for them in other ways. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all estate, inheritance and other death taxes, together with interest and penalties payable with respect to the property or interests subject to taxation by reason of my death and whether passing under my will or any codicil, or otherwise, including jointly-held and other non-testamentary property shall be paid out of the principal of my residuary estate before its division into shares in the same manner as an administration expense. IV I give, devise and bequeath all my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment, to my grandson, DAVID E. DODSON(hereinafter"GRANDSON"). V TRUST I appoint my granddaughter, MARY K. DODSON, as Trustee of the property that I have given to my GRANDSON. If my granddaughter is unable or unwilling to act in that capacity, then I appoint my daughter, REBECCA A. DODSON,as alternate Trustee. The Trustee shall hold and distribute the principal and income of this trust as follows: A. During the lifetime of DAVID E. DODSON, to the extent that benefits are not made available to him for other than basic living expenses, including food and shelter, the Trustee, in her absolute discretion, may distribute from income and principal to or for the benefit of DAVID E. DODSON, for his needs other than basic support. For the purposes of this provision, non-support purchases include, but are not limited to: dental care; nonreimbursable medical expenses not covered by Medicare or Medicaid, including plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative training and experimental medical services; supplemental nursing care; recreation, cultural experiences, outings and travel, including payment for others to accompany my beneficiary; telephone and television; reading and educational materials (including computer equipment and programs); exercise equipment; and unreimbursed therapy. The Trustee's discretion in making distributions authorized hereunder, is absolute, full, and complete with regard to distributions from the trust estate, and shall be binding on all interested persons. If possible, the Trustee shall make distributions directly to the service provider and not to my disabled child. 2 In authorizing any distribution to or for the benefit of my GRANDSON, the Trustee must recognize that any such expenditures are to satisfy only non-support needs and that such contributions, if any, are not intended to displace any source of income otherwise available to my GRANDSON for his basic support (such as food and shelter), including any governmental assistance program to which he is or may be entitled. No portion of this Trust is intended to be a resource of DAVID E. DODSON. This Trust is intended to be a discretionary spendthrift trust. Any and all non-support sums distributed which are related to my GRANDSON's medical care or shelter shall only be made directly to the third-party provider and not to my GRANDSON. As this Trust is specifically not intended to provide basic support and maintenance needs for my GRANDSON, if he is unable to maintain and support himself from his own resources and sources of income, the Trustee shall seek such support for him from public sources. This Trust has specifically not been created to supplant or replace public-assistance benefits available through any county, state, federal or other governmental agency. The Trustee should, therefore, seek entitlements which are available to members of the community who are experiencing disabilities that are substantially similar to those that my GRANDSON experiences. The Trustee shall deny any request made by any agency or governmental entity requesting disbursement of trust funds to satisfy my GRANDSON's support needs. The Trustee shall take whatever legal steps may be necessary to initiate or continue any public-assistance program for which my GRANDSON is or may become eligible. The Trustee shall bring such action in any court having jurisdiction over the matter, to secure a ruling or order that this Trust is not available to my GRANDSON for support purposes. Any expenses of the 3 Trustee including reasonable attorney's fees, in connection with matters relating to determination of the eligibility of my GRANDSON for public support, shall be a proper charge to the Trust. B. On the death of my GRANDSON, the remaining principal and unaccumulated and undistributed income shall be paid and distributed in equal shares to any of my GRANDSON's issue, per stirpes. If my GRANDSON leaves no issue, then the remaining principal and unaccumulated and undistributed income shall be paid and distributed to his Estate. C. Trustee in her sole and absolute discretion shall have the power to determine, at any time, that the continuation of the supplemental needs trust for my grandson's benefit as a separate trust is not warranted (whether due to economic infeasibility or difficulty of administration), and trustee is authorized to distribute any funds remaining in the supplemental needs trust to a pooled fund for my grandson's benefit, such as "Planned Lifetime Assistance Network of Pennsylvania Trust for the Mentally Disabled (also known as Plan of PA)" that has been established to assist individuals with special needs from which my child would benefit. D. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust. VI I nominate, constitute and appoint DAVID R. GALLOWAY, ESQUIRE of Walters & Galloway, PLLC, as Executor of this LAST WILL, to serve without bond. If DAVID R. GALLOWAY, ESQUIRE, is unable or unwilling to act in that capacity, then I nominate, constitute and appoint, MURREL R. WALTERS, III, ESQUIRE of Walters & Galloway, PLLC, as Executor of this LAST WILL,to serve without bond. 4 IN WITNESS WHEREOF, 1, EDWARD ZALESKY, have set my hand to this LAST WILL this 6`h day of February, 2015. EDWARD ZALESKY Signed, sealed, published and declared by the above-named EDWARD ZALESKY, 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 subscribed our names as witnesses. 5 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND I, EDWARD ZALESKY, 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; that I signed it as my free and voluntary act for the purposes therein expressed. EDWARD ZALESKY Sworn or affirmed to and acknowledged before me by EDWARD ZALESKY,Testator, this (P day of [-�Ir �(�d�p ,2015. 4k)'�Cur\ -f--\ 4 Cuc-;C- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L.Houck,Notary Public Mechanicsburg Boo,Cumberland County My Commission Expires Dec.3,2016 MEMBER,PENNSYLVANIA A5sOCIATION OF NOTARIES 6 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND t / ��!'' j We, 4614 _ C d and D S Q d'N e�l/L1 caVL•4'l�� the witnesses hose names are signed to t e attached or foregoing instrument, being duly qualified according to law, do depose and say that e were present and saw Testator sign and execute this instrument as his LAST WILL, that EDWARD ZALESKY signed willingly and that he executed it 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 the time 18 years of age or more, of sound mind and under no constraint or undue influence. Sworn or affirmed to and acknowledged before me this (p�Kday of '��1��` ,2015. C(_V\ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L.Houck,Notary Public Mechanicsburg Boro,Cumberland County My Commission&49res.Dec.3,2016 MEMBER.PFNW"vAWA ASsM- -ATION OF NOTARIES 7