HomeMy WebLinkAbout12-13-05
Register of Wills of _____c::_LJmberlarld.. _ County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Marlin M. Zigner
also known as
'C
No. 21-- OJ - (0 7J-
, Deceased
Social Security No. 168-26-3548
Gary L. Zigner
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated and codicils dated
Executor
named in the last Will of
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate)
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:
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I Name Relationship Residence ....'C) I
, I
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 4414 Royal Oak Road, Camp Hill, PA 17011
(list street, number, and mUnicipality)
c.,
Decedent, then
78
-
years of age, died
11/05/2005
at Holy Spirit Hospital, E. Pennsboro Township, Cumberland Co.
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
50,000.00
$
$
$
$
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant
of letters in the appropriate form to the undersigned:
I Signature
fL . A- ~ ~.
~o<'~ c:::;Y 17
'-
Gary L. Zigner
Typed or printed name and residence
4414 Royal Oak Road
Camp Hill, PA 17011
I
717-215-8049
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group. Inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that 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, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed ~ . ~---"---
~. 1\ ~ry ezi;;~
before me this \ J ~ day of
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' For the Re~ls~ 1
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No. 2 -- 0 ') - \tl if--
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Marlin M. Zigner
, Deceased
Estate of
also known as
Social Security No: 168-26-3548
Date of Death:
11/05/2005
AND NOW,
, in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters IElTestamentary Dof Administration
(c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Gary L. Zigner, Executor
in the above estate and that the instrument(s) dated
described in the Petition be admitted to probate and filled of record as the last Will of Decedent. S1J-- I
FEES q () .00 ~J-A :!52c04AW JYJWp~()..qV
Letters................. .......... ............... $ 95.00
-- ft\ /~tLt1; 111 Wl;~ ;Rj%ster ~f Wills
Short Certiticate(s).............:........ $ 20.00 G r 'I
Renunciation...............y~r.0J..:... $ l S . ~b Attorney: Marielle F Hazen
Affidavits ( )...........................$
1.0. No: 68003
Extra Pages ( )......................$
JCP Fee............. .......... ................ $
10.00
Address: 2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
Telephone1 717-540-4332
Codicil........ ....... ................... ........ $
Inventory../tax....r.e.t........ $
~3Q;6(t"..
E-Mail:
Other.=auto .................... ...... $
5.00
TOT AL....... ..................... $
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Prepared by the Pennsylvania Bar Association Copyright (cl 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
H]()5.:-IO) Rl.:V 1/0-"
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Fee for this certificate, $6.00
P 12035883
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Hl05.1-43 Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
TYPElPRINT
IN
PERMANENT
BLACK INK
CERTIFICATE OF DEATH
C'.
NAME OF DECEDENT (First, Middle, last)
,.
AGE (Last BW1hdayl
Marlin M. Zignar, Jr.
SEX
STATE FILE NUMBER
SOCIAL SECURITY NUMBER
02/
Male
3. 168
26 -
BIRTHPLACE (City and
State at Foreign Coontry)
78 Y...
Lykens, PA
R.,Id.nce 0 ~~~fy) 0
RACE - Americarllndian, Black, While, el .
(Specify)
80.
Cumberland
DECEDENT'S USUAL OCCUPATION
(~~Ht;'~d~;t.U:~~Z~r:'t
Laborer
10.
White
MARITAL STATUS. Married.
Ne'l8r Married, WIdOwed,
Divorced (Specify)
14. WiOowed
SURVIVING SPOUSE
(lIwi'-,~.maldel'lnam.)
4414 Royal Oak Road
Camp Hill PA 17011
l'Hp.
1--7
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FATHER'S NAME (First. Middle, Last)
18.
INFORMANTS NAME {Type/Print}
20a.
METHOD OF DISPOSITION
Burial I2l Cremation Qemaval from State 0
Othe<{Speti!y)
UN S ICe"L CE
11d, ~ ~~~~:l:l~i~: of
Camp Hill
dlylboro.
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~,OlHER'S NAME {Fi"t, Middle, Maiden ""1'rulh Griffice Zigner
~~:~RMANr~f.I~N~~y;m~~eR\f:gca~p'~rl~~A 17011
PLACE OF DISPOSITION. Name of Cemetery, Crematory LOCATION - Cityrrown, Stale, Zip Code
oroth'1h3f~lntown Gap Nat'l. Cemetery Annville, PA
21c. 21d.
NAME AND ADDRESS OF FAClllT'l
22c. Dimon Funeral Homes, Inc. 644 East Grand Avenue Tower City. PA 17980
LICENSE NUMBER DATE SIGNED
(Month. Day, Year)
23-b. 23c.
WAS CASE REFERRED TO A MEDICAL EXAMINER ICORONER?
26. Ye. 0 No m
21. P A.RT 1: EnW lh.lfI......, Injun.. or compllcallo". which c:au..cf Ih. d..th. Do nol.nt., the mod. of dying, .uch a. cardiac or r..piralory .rr..t, .h<xk 0( h..rt ,.lIl1f.. : Approximale PART II: Other significant conditions contributing to death, but
L1.t only on. cau.. on ..c.1l IIn., : ~~~a~:::~~ not resulting in the undertying cause given In PART l.
Marlin Zigner, Sr.
Mr. Gary L. Zigner
LICENSE NUMBER
220. 013583-L
Sequentially list conditions { o.
if eny, leading to Immediate
cause. Enter UNDERLYING
CAUSE (Disease Of' injury c.
that initiated events
resulting on death) LAST d.
WAS.I\N AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAIlABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
~
Ye.D NoD
MANNER OF DEATH
Natural l?O
Accident 0
Suicide D
Homicide
Pending Investigation
Could not be determined
DATE OF INJURY
(Motltn,c.y, Y..r)
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TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED.
Ye. D No 0
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30.. 30b,
PLACE OF INJURY. At homEl, farm, street, factory, offIce
MdIng, Me. tSpoelfy)
30..
. ~MEDICAl EXAMINERlCORONER
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LAST WILL AND TEST AMENT
f'".?
OF
_..'I
MARLIN M. ZIGNER
(
I, MARLIN M. ZIGNER, now domiciled in Cumberland County, Pennsylvania, declare tb~s
(" ,
to be my Last Will. I revoke all other Wills and Codicils that I may have previously made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate shall
be paid by my Executor from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executor has to claim reimbursement
for any such taxes which become payable as the result of any property over which I have the power
of appointment.
Article III
I give, devise and bequeath my tangible personal property m accordance with any
memorandum I have either handwritten or signed, located with my Will or with my valuable papers
and found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or
to organizations which exist at my death, and ifthere is a conflict, the memorandum having the latest
.'
date shall govern. To the extent no such memorandum is found, or all of my tangible personal
property is not disposed of pursuant thereto, my tangible personal property shall be added to my
residuary estate and pass under Article IV hereof.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath according to the following:
A. ONE-THIRD (1/3) of my estate to be held in trust for the benefit of my wife, IRENE
M. ZIGNER, currently of Cumberland County, Pennsylvania, to be held, managed, and
administered according to Article V herein. In the event IRENE M. ZIGNER predeceases me or
fails to survive me by thirty (30) days, then her share shall be distributed outright IN EQUAL
SHARES to my children: GARY L. ZIGNER, currently of Cumberland County, Pennsylvania; and
LORI A. SIGOUIN currently of Dauphin County, Pennsylvania, Per Stirpes; and
B . TWO-THIRDS (2/3) of my estate to be distributed outright IN EQUAL SHARES to
my children: GARY L. ZIGNER, and LORI A. SIGOUIN. However, if a beneficiary does not
survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) days, those
descendants shall receive, per stirpes, the share the beneficiary would have received had he or she
survived me by thirty (30) days.
Article V
In the event that a Trust is created for the benefit of my wife, IRENE M. ZIGNER, by or as
a result of any part of this Will, the terms and conditions of the Trust for the benefit oflRENE M.
ZIGNER shall be as follows:
_2_
.'
A. To expend and apply so much ofthe net income and so much ofthe principal ofthe
Trust as the Trustee shall consider advisable for the support, health, and care of IRENE M.
ZIGNER for the remainder of her lifetime.
B. In the event of IRENE M. ZIGNER's death, the trust shall terminate, and the
remaining income and principal of the trust shall be distributed outright IN EQUAL SHARES to my
children, GARY L. ZIGNER and LORI A. SIGOUIN, Per Stirpes.
C. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his interest in the principal or income ofthe Trust in any manner, nor shall
any interest be subject to claims of his creditors or liable to attachment, execution, or other processes
oflaw.
Article VI
In order to carry out the purposes of the Trust established by this Will for the benefit of
IRENE M. ZIGNER, the Trustee, in addition to all other powers granted by this Will or by law,
shall have the following powers over the Trust estate, subject to any limitations specified elsewhere
in this Will:
(a) to retain in the form received and/or to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
_3_
"
(f) to file fiduciary/income tax returns and pay the tax due for any year for which such a
return is required,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; to pay from my estate reasonable compensation for all their services,
(i) to conduct along with or with others, any business in which I am engaged in or have
an interest in at the time of my death,
G) to receive reasonable compensation in accordance with their standard schedule offees
in effect while their services are performed, and
(k) to make unlimited gifts from the trust to my children, including the Trustee hereunder,
or to a trust for the benefit of my spouse or my children. The amounts and nature of such gifts shall
be in the sole discretion of my Trustee. It is my specific intention that gifting to protect assets from
the costs of long term care shall be permitted,
Article VII
I hereby appoint my son, GARY L. ZIGNER as Trustee of any Trust(s) created in this Will
for the benefit of my wife, IRENE M. ZIGNER. In the event of the renunciation, death, or inability
to act, for any reason whatsoever of GARY L. ZIGNER, I nominate, constitute and appoint my
daughter, LORI A. SIGOUIN, successor Trustee, acting jointly and/or individually, of any Trust(s)
created in this Will.
_4_
Article VIII
I nominate, constitute, and appoint my son, GARY L. ZIGNER, Executor of my Last Will
and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever
of my Executor, I nominate, constitute and appoint my daughter, LORI A. SIGOUIN, successor
Executrix of my Last Will and Testament. I direct that my Executor or successor Executrix be
permitted to serve without bond. In addition to those powers granted by law, I grant them power to
distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could
have filed ifliving. My Executor or successor Executrix shall receive reasonable compensation for
services rendered to my estate.
Article IX
In addition to the powers conferred by law, I authorize my Executor or successor Executrix in
his/her absolute discretion:
(a) to retain in the form received and to sell either at public or private sale, any real estate
or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such return
prior to my death,
_5_
.,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; and to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged in, or have an
interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule offees
in effect while their services are performed.
IN WITNESS WHEREOF, I, MARLIN M. ZIGNER, hereby set my hand to this my Last
Will and Testament, on <:; - J. / - 1J.5
,2005, at Harrisburg, Pennsylvania.
-m~ '"h1- ~~~
MARLIN M. ZIGN
In our presence, the above-named MARLIN M. ZIGNER signed this and declared this to be
his Last Will and now at his request, in his presence, and in the presence of each other, we sign as
witnesses.
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Address
2000 Linglestown Rd., Suite 202, Harrisburg, P A 17110
2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110
_6_
I, MARLIN M. ZIGNER, Testator, who signed the foregoing instrument, having been duly
qualified according to law, acknowledge that I signed and executed this instrument as my Will, and
that I signed it willingly as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and
acknowledged before me by
MARLIN M. ZIGNER, the Testator,
on 9 -,;). / - ,2005.
~. 11buf,~
~otary Pub ic
Ir1 ~ "WI- ~~
MARLIN M. Z R
COMMC)NWloALTIl OF PENNSYLVANIA
Notarial Seal .
Marielle F. Hazen. Nota!)' Public
Susquehanna Twp... Dauphin County
My Commission Exp1fes Sept. 23. 2006
-
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testator sign and execute this
instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the
purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and
that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of
sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
subscribed to before me
by ~(h rh. Sn,; +'--
andl f fhtta:~.ux 9A..s.e:(.{uJ
witnesses, on q - d I
,2005.
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Notary ublic--
l ~j.~iLON /U Q / ~~,q MAGk-J
WItness
~~L}jH Of PENNSYLVANIA
[ t'/Olanal Seal
Manelle F. Hazen. Notary Public
Susquehanna Twp.. Dauphin County 7
My C~mmission Expires Sept. 23. 2006