HomeMy WebLinkAbout07-01-15 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: Geraldine M.Wasilewski File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: May 20, 2015 Age at death: 74
Decedent was domiciled at death in Cumberland County, PA (state)with his/her last
principal residence at 119 E.Countryside Drive Boilinta Springs Cumberland
Street address,Post Office and Zip Code City,Township or Borough TDA-u ck-'? County
Decedent died at 119 E.Countryside Drive Boilinq Springs Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
i If domiciled in Pennsylvania............................ All personal property $ $30,000.00
,ffnot domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
Ifnot domiciled in Pennsylvania. ....................... Personal property in County $
i Value of real estate in Pennsylvania.................... ..,............... S $260,000.00
TOTAL,ESTIMATED VALUE. ... S_ $290,000.00
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Real estate in Pennsylvania situated at: 11.9_E.Countryside Drive Boiling Springs Cumberland
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
✓0 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 mo,r-r. i7 Zot S and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,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 hav4'hild bo r
adopted:and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. n c :;a `
M;
❑✓ NO EXCEPTIONS ❑EXCEPTIONS a G— 92 �'
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i ❑ B. Petition for Grant of Letters of Administration (Ifapplicable) rn C3
c.t.a.,d.h.n.,d.b.n.c.t.a..pendente lite,dura�te ci Se>3Fi?i.dOwAte mt i
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If Administration,c.t.a. or d.b.n.c.t a.,enter date of Will in Section A above and complete list b'f heirs, a S::)
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce(FAd,&ea+astablPed as*F.;
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. F=+ r-- tz7
❑NO EXCEPTIONS ❑EXCEPTIONS l7 (Q C>
rte" 'TI
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)WE heirs(attach
additional sheets,if necessary).
Name Relationship Address
Form RW-02 rev. !0/!/120/! Page 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
F&AM Trust Company iI 33 AVP
PO Box 6010, Chambersburg, PA 17201
1 �t1ClrCW rte• -0 VP
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The Petitioner(s)above-named swcar('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 Rvpresentativc(s)of the D ent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to o�affrmed,a d:subsc�ibe4+ efore Date 7 / z o t S
me this tiayof ,�5 Date
By: _ Date
For the Register r ' Date
BOND Required:AYES `E'NO To the Register of Wil/s:
FEES: Please enter my appearance by my signature below:
Letters. . ........ ....... ..... $ Attorney ign ure:
( �() )Short Certificate(s). .....
( )Renunciation(s)... ..... .
( )Codicil(s). .. . . . . .. . ...
( )Affidavit(s).. . .. . .... .. ►-�
Bond.. ... . ......... ......... Printed Name: Garret J. BrouwetC o M n
Commission. ............. .. .. Supreme Court M 70
Other ...... ID Number: 315020 rn n r Cn
. ....
Firm Name: Salzmann Hughe';P� m
... ..... S Address: 354 Alexander SpnogRoti, S 1
.... . Carlisle, PA 1701 c?
... . . Phone: 717-249-6333 N
Automation Fee. ......... ..... Fax: 717-249-7334
JCS Fee. . . . . ........... .... . Email: gbrouwer ,salzmannhughes.eom
TOTAL. . . . . ... .... .... ..... $
Q WA
,, I�Itdj DECREE OF THE REGISTER
Estate of__Crefan D m lb Q451 1 OPAL, File No: 0
a/k/a:
AND NOW, ��(J p3 , in consideration of the foregoing Petition,
satisfactory proof having beet presented before me,IT IS D CREED that Letters
are hereby granted to4–
—in the ab estate and(if app icable)that
the instrument(s)dated 7 '
described in the Petition be admitted to probate and filed of cord as the last Will(and Codicil(s))of Decedent.
Register of Wills
Form RW-02 rev. 101111201) Page 2 of 2
9E6O'RDED OFFICE OF
REGISTER OF WILLS
EAT WILL AND TESTAMENT
CLERIC OF
ORPHAFIS' COUNT OF
CUMSERLAI'dD CO., HA
ERALDINE Iia WASILEWSKI
I, GERALDINE M. WASILEWSKI, having my legal residence at 119 East Countryside Drive,
Boiling Springs, Pennsylvania 17007, do hereby declare this to be my Last Will and Testament,
revoking all other Wills and Codicils heretofore made by me. I declare that I am divorced and that I have
the following four (4) children, David L. Burger, Jr., Christine M. Brown, Douglas A. Burger, and
Marina L. Walters, born to me and that all references to my children are to them.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness and
funeral be paid from my estate as soon as practicable after my death.
ITEM TWO: I give and bequeath all of my tangible personal property to my
residuary heirs under Item Three, below as follows:
A. All items of tangible personal property shall be inventoried and valued at a fair market value.
B. I may leave a Memorandum listing some of the items of my tangible personal property which
I wish certain persons to have and request that my wishes as set forth in the memorandum be
observed by my Personal Representative. Any items of tangible personal property not so
designated shall be divided and distributed among my residuary heirs as follows:
1. Each of my heirs may decide amongst themselves about who should get any remaining
items not listed.
2. Any items not selected shall be sold and the net proceeds therefrom shall be added to the
residue of my estate; however, if items have no real value such items can be donated
within my children's discretion.
C. The value of such personal property distributions shall not be subtracted from the value
of any of my residue beneficiaries' shares, but shall be given to them in addition to their
respective residue shares.
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ITEM THREE: I direct all of the rest, residue, and remainder of the property that I own
at the time of my death, both real and personal, of every kind and description, wherever situated, to
which I may be legally or equitably entitled at the time of my death (my "residuary estate") to be given
to my beneficiaries as follows:
A. Specific Bequests for Grandchildren: To my grandchildren, MATTHEW A. BURGER, ERIC
D. BURGER, GARRETT A. BROWN, and REBECCA M. BROWN, I specifically give
THREE THOUSAND ($3,000.00) DOLLARS to each of my grandchildren outright, not in
trust, thus these distributions would total TWELVE THOUSAND ($12,000.00) DOLLARS
to my grandchildren as a group.
B. Specific Bequests for Charities:
1. To SAINT PATRICK SCHOOL, CARLISLE, PENNSYLVANIA, 87 Marsh Drive,
Carlisle, Pennsylvania 17015, 1 specifically give ONE THOUSAND ($1,000.00)
DOLLARS.
2. To LIFESITENEWS.COM, INC., 4 Family Life Lane, Front Royal, Virginia 22630, I
specifically give ONE THOUSAND ($1,000.00) DOLLARS.
3. To BISHOP MCDEVITT HIGH SCHOOL, HARRISBURG, PENNSYLVANIA, 1
Crusader Way, Harrisburg, Pennsylvania 17111, I specifically give ONE THOUSAND
($1,000.00) DOLLARS.
C. Remainder of my Residuary Estate:
1. To my child, DAVID L. BURGER, JR., I give ONE FOURTH (1/4) of my residuary
estate. In the event David L. Burger fails to survive me this gift shall lapse and I give his
share of my residuary estate as follows:
a. To my daughter-in-law, DEBRA A. BURGER, I give ONE THIRD (1/3) of this I/4
share of my residuary estate, per stirpes.
b. To my grandchild, MATTHEW A. BURGER, I give ONE THIRD (1/3) of this '/4
share of my residuary estate.
c. To my grandchild, ERIC D. BURGER, I give ONE THIRD (1/3) of this 1/4 share of
my residuary estate.
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2. To my child, CHRISTINE M. BROWN, I give ONE FOURTH (1/4) of my residuary
estate. In the event Christine M. Brown fails to survive me this gift shall lapse and I give
her share of my residuary estate as follows:
a. To my son-in-law, GEORGE A. BROWN, I give ONE THIRD (1/3) of this '/4 share
of my residuary estate,per stirpes.
b. To my grandchild, GARRETT A. BROWN, I give ONE THIRD (1/3) of this 1/4 share
of my residuary estate.
c. To my grandchild, REBECCA M. BROWN, I give ONE THIRD (1/3) of this 1/4 share
of my residuary estate. In the event this distribution occurs, such distribution shall be
held in Trust by my son-in-law, GEORGE A. BROWN, as Trustee until either
George A. Brown decides that Rebecca M. Brown can have control of the property or
Rebecca M. Brown attains the age of thirty years (30). As Trustee, George A. Brown,
shall hold Rebecca M. Brown's share IN TRUST and shall invest, reinvest and
distribute the principal and net income of such beneficiary's share as follows:
i. Until such beneficiary attains the age of thirty(30)years or until my Trustee decides
that Rebecca M. Brown can have control of the property, my Trustee, in my
Trustee's sole but reasonable discretion, may pay or apply the income and any or all
of the principal of such beneficiary's share for the health, maintenance, support and
education of such beneficiary considering all other sources of income available to
such beneficiary and known to my Trustee. Upon such beneficiary attaining the age
of thirty (30) years or when my Trustee decides that Rebecca M. Brown can have
control of the property, my Trustee shall distribute the balance of the principal and
accumulated income, if any, of such beneficiary's share to such beneficiary.
ii. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or
become too small to warrant placing or continuing of such fund in trust or should its
administration be or become impractical for any other reason, my Trustee, in the
exercise of their sole discretion, may pay such share absolutely to the person
maintaining such beneficiary or may place such shares in the beneficiary's name in
an interest-bearing deposit in any bank, bank and trust company or national banking
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association of his choosing, payable to the beneficiary at majority, or if said
beneficiary has reached his or her majority,then to him or her directly.
iii. All shares of principal and income 'hereby given shall be free from anticipation,
assignment, pledge or obligation of my beneficiary(s), and shall not be subject to
any execution or attachment.
3. To my child, MARINA L. WALTERS, I give ONE FOURTH (1/4) of my residuary
estate. In the event Marina L. Walters fails to survive me this gift shall lapse and I give
her share of my residuary estate to my son-in-law, MARK E. WALTERS.
4. To my child, DOUGLAS A. BURGER, I give ONE FOURTH (1/4) of my residuary
estate. In the event Douglas A. Burger disclaims his interest, such share shall be held in
the trust described in Item Four. In the event Douglas A. Burger fails to survive me this
gift shall lapse and I give his share of my residuary estate to my remaining living children
in equal shares,per stirpes.
ITEM FOUR: In the event any beneficiary is determined by my child, CHRISTINE
M. BROWN, to be a spendthrift and or facing bankruptcy and or divorce, such beneficiary's interest in
my estate shall be subject to a spendthrift trust herein created that restricts both voluntary and
involuntary transfer of that beneficiary's interest. No beneficiary of this trust may serve as Trustee of
this trust. I appoint my child, CHRISTINE M. BROWN, to be Trustee of this trust(s). My Trustee,
Christine M. Brown, shall hold such beneficiary's interest of the residue of my estate, as Trustee, IN
TRUST and shall invest, reinvest and distribute the principal and net income of the beneficiary's share
as follows:
A. Distributions of Income and Principal. My Trustee, other than an Interested Trustee, may
distribute to such beneficiary as much of the income and principal of this trust as such
Trustee may determine advisable for any purpose. If there is no Trustee that is not an
Interested Trustee, my Trustee shall distribute to such beneficiary as much of the income and
principal of this trust as my Trustee determines is necessary or advisable for beneficiary's
health, education, maintenance or support. Any undistributed net income shall be
accumulated and added to principal.
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B. Guidelines for Discretionary Distributions. In making discretionary distributions to such
beneficiary, it is my desire to provide for his or her we'll-being and happiness. Although I
request that my Trustee consider the other known resources available to such beneficiary
before making distributions, I also request that my Trustee be liberal in making any
distributions to, or for such beneficiary's benefit. I acknowledge that the ;principal of the
trust established for such beneficiary may be exhausted in making such distributions.
C. No assignment. Such beneficiary's share shall not be subject to anticipation, assignment,
pledge, obligation, or alienation, whether voluntary or involuntary, and the income and
principal thereof shall not be subject to any execution or attachment.
D. Distribution Upon the Death of Such Beneficiary. Such beneficiary shall have the
testamentary limited power to appoint all or any portion of the principal and undistributed
income remaining in this trust at his or her death among his or her descendants. However,
such beneficiary may not exercise this limited power of appointment to appoint to himself or
herself, his or her estate, his or her creditors or the creditors of his or her estate. I intend that
this be a limited power of appointment and not a general power of appointment as defined in
Section 2041 of the Internal Revenue Code.
Insofar as any part of such beneficiary's trust shall not be effectively appointed, my Trustee
shall distribute the remaining unappointed balance per stirpes to the descendants of such
beneficiary. If such beneficiary has no living descendants, my Trustee shall distribute the
balance of the trust property to my remaining living children in equal shares,per stirpes.
E. Distribution if Such Beneficiary is Deceased. If such beneficiary should die before the
establishment of this trust, my Trustee shall distribute such beneficiary's share my remaining
living children in equal shares,per stirpes.
ITEM FIVE: I appoint my Financial Institution, FARMERS AND MERCHANTS
TRUST COMPANY OF CHAMBERSBURG, currently located at 20 South Main Street,
Chambersburg, Pennsylvania, 17201,Personal Representative of this my Will. I give to my said Personal
Representative(s)the same powers as are hereinafter given to my Trustee. Such powers shall be in addition
to those conferred by law. In the event Christine M. Brown is unable or unwilling to serve as Trustee of the
Trust(s) created pursuant to Item Four, then I appoint my Financial Institution, FARMERS AND
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{ MERCHANTS TRUST COMPANY SOF �CHAMBERSBURG, currently located at 20 South Main
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Street, Chambersburg; Pennsylvania, 17201,Trustee-of the Trust(s) created pursuant to Item Four.
ITEM SIX: No.bond shall 'be required of any fiduciary'hereunder in:any jurisdiction.
No fiduciary thereunder shall have any liability for any mistake or error of judgment made in good faith.
ITEM SEVEN: I authorize my Personal Representative(s) and Trustee(s)to exercise the
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following powers in addition to those,given by law,to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of
diversification, risk or productivity;
B. To invest:in all forms of property without restriction to investments authorized for any type of
fiduciary;
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to mortgage or
pledge any real or personal.property;
jF. To sell at public or, private sale, to exchange or to lease for any period of time, any real or
personal property, and to give options for sales, exchanges or leases, all for such prices and
upon such terms and conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem proper;
H. To repair, alter or improve any real or personal property;
I. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the protection
of the principal;
' K. To subscribe for or to exercise options for stocks,bonds or other investments;to join in any plan
of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to
deposit securities thereunder, and to generally exercise all the rights of security holders or
j employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by
delivery;
M. To add to the principal of any trust created by this instrument any real or personal property
received from any person by Deed, Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the termination of
any trust created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in trust
should be apportioned to principal or income, except stock dividends of regulated investment
companies which shall be added to principal;
P. To commingle the assets of any trust estate created by this Will in any one or more common
funds for greater convenience and flexibility;
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ITEM ELEVEN: If any beneficiary, person or entity in any manner, directly or indirectly,
contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries,
without probable cause, such beneficiary, person or entity shall pay all costs, including but not limited to
attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust
or such fiduciary personally. In the event that such beneficiary, person or entity does not prevail in such
action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary,
person, entity or remainderman under this Will shall be revoked and the property consisting of such share
shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased me
without surviving issue.
ITEM TWELVE: Should any of the provisions of my Will be for any reason declared
invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions
shall be wholly disregarded in interpreting this Will.
ITEM THIRTEEN: This Will shall be construed, regulated and governed by and in
accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have at Boiling Springs, Pennsylvania, on March 27, 2015, set my
hand and seal to this my Last Will and Testament consisting of eight (8) pages plus any witness,
acknowledgement, affidavit and certification pages.
-tel uu SEAQ
GERALDINE M. WASILEWSKI
SIGNED, SEALED, PUBLISHED AND DECLARED BY GERALDINE M. WASILEWSKI, the above
named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and
in her presence, and in t e presence of each other, have hereunto subscribed our names as witnesses.
Witness Witn s
—Nu�c�"I PV4 fV\QJe ".r\kc LA2 , PA
Address Address
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:SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
}
We, GERALDINE M. WASILEWSKI, ,
and I,s,j 1.PP , the'testatrix and the witnesses
respectively, whose names are signed to the attached or foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the
instrument as her Last Will and Testament that she had signed willingly (or willingly directed
another to sign for her), 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 witness and that to the best of their knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraints or undue influence.
GERALDINE M. WASILEWSKI
ITNESS
WITNESS
Subscribed, sworn to and acknowledged before me by GERALDINE M.
WASILEWSKI, the Testatrix, and the witnesses on March 27, 2015.
No P is o A Attorney
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
REBECCA L STARR
Notary Public
UPPER ALLEN TWP.,CUMBERLAND CNTY
My Commission Expires May 29,2017
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