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HomeMy WebLinkAbout01-27-06 Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estateof .JDt'HJ C. SE:~f3IEFF also known as No. ~J... '\ . ~ ~ - 'J~ ~ \c To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. '20'7 - 0 '1 ~ (:, 3 CJ I The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 years of age or older, and the executo,~ named in the last will of the above decedent, dated M R.'( :z. -7 1 ,20 C 3 and codici1( s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in H ARR.\~{!,u\'<...u- H-osp'T+I, 'DA--V pH/\.:! ~Oj PA I County, Pennsylvania, with h_last faIni1y or principal residence at I it..:; '-JUNE 17R.\VE CA-vt1~ \-f.( \\ L PA \ 70\\ (list street, number and municipality) Decedent, then ~ years of age, died JA.,AJ Z <f- , 20~, at :;f5"D It 1M Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (lfnot domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ I 0 (j , DOcJ $ $ $ 1301000 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) '3 5"2..5 t.t Residence( s) of Petitioner( s) Prf()J(() r+ \iE. l-\ tl RRl S e. c/ 1Lc... en i 1 't\ 0 I( 't "1 'I "i " ...";\..,, (' (' . . I I ~ '<.o-.',J ''', r~ -i '.. I ./-__ Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE } COUNTY OF CUMBERLAND COMMONWEAL TH OF PENNSYLVANIA ss: The petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing petition are true and conect to the best of the knowledge and belief of petitioner( s) and that as personal representative( s) of the above decedent petitioner(s) will well and truly administer the estate according to law. /\~~~ X(/ah~' a .(7r~-,,",,? Sworn to or affirmed and swcribed Before me this -::L ~ ' day of -::s~~~"''\. '"" , 20 ~~ , ~ <::h~~, ~~,~" RegIster ~ ~, <:3\<.. \Z~, ~ ~~ .. o. { C/l oq' ::l ~ c:: .., A ~ ~ \ ~~~-'J~~ ~ Estate of -:s ~ ~ ~ s.x~ ~\ CS'i( , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~ ~~~ '( '" ~ ~ 20 ~~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated ."'~~ ~~ ~~~ , described therein be admitted to probate filed of record as the last will of -:Sl;)'~~ ~x,,,\~ \~~~ ; and Letters are hereby granted to ~~,,"""\~~ ~ ~~l.V\ ~~t;.) "-~~~'- ~ \)~l\\. FEES Probate, Letters, Etc. ............. Will................................. Renunciation... . . . . . . , . . . ... . . . , . . . Short Certificates ('::>...) ............ JCP...........,...................... Automation Fee................... Bond...............,...,.,........... Total Filed '\ - :...'\ 20~~ $ ~'\~ . $ \S. $ $ ~. $ \~ - $ S. $ $ .~\..\<"~ .~~ ~~~" ~~ ~~~\" '" ~\ Register of Wills ~'" . \ ~,\(~, ~~'!) ~'" -<- ~~ ~,-,<'''\ \ Attorney (Sup, Ct. J.D. No.) Address Phone \ .- ~.~ - '\)~ ~):" J --1/ . q...-; f) ~ /~~tL-~/C':'-I~v \ a l p 122121133 ') Clru~ a/I' ;{ /.., I ~ C; {) " Tre m -# /9 ~k.)tj,d be.. -. "., KIlTR.1 N K~~SNe's& J.5K I 1</ k: ( _J, (",) C,) fa U) :::> U) <t: ::; <t: COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS CERTIFICATE OF DEATH ".,~ -~ ~O:t:O-:r - (0 301 · 1. Dale oe BiI1h MonIb, da , 8 e ~ n sliM 01 beial. cnnvI 8a Place 01 0eaIl Ctieci one Iql~f\RR.\c;&JIUsJ e1L. ~ a 8d fat*'YNan'Wl!(lnnllll5liltMon.""eSllleelandnuntlel) +{ STATE FIlE NUMIllR tJ/p CoIogo cu co Sf) " ---.--. wrooW....cD'" llid_ lweiRa T~? n d lid II( :...~LMcI-~fLN\fn\~ 10 Rooe'__.aooe.._.1O: c~ LOr{ I TE 15 ~Soouso(......._......) TAL 17e.D YU.UecUlniLiMfin T... c.y8, 22. -1 I Con,HeI. I.... 2" < only ....".ndyiig 2 .-~:~:;~;:er: ~::I~bi8 allM1~ 01 :~~ I . nem5 2'4'26 rTlJsl be ~tedbY person- 24 _ who pronOUflC8S de.alh TZ~tJ #-,,-J::' o.ad(_"Y'~ .~1 CAUSE Of DEATH (See 1nslruc11o...nd ........1 ~ t liem 27 P.1I11, [nltll the ~ - diseases, ill~'ItS, Of \:o/lllllc4llons th.J1 diiec.Uy ClUf:.ed the death, DON( anlellefOllrWl evenu.L ca.diac anllSl. lesplfaklry a(Tesl olller,lrculaf f<<ilal~m WIthout showng the ellobg)' 00 NOT abtltsviale Enler l:IIVt ooe caus,e 00 iJle IMMf,DIATE CAUse (FIIlaI dISease 01 condRon leJlUI"'Q WI death) -7 a 12nL.!r!tu[ I ~ Q~/,", l&tL PhW~<fn 10-- Due C (0 3p ~.frsequeru:e 01) Oue au (m as a consequence 01) 28 Oi:i riiMalUs.. eon.hM 10 Daafl1 av. O~ o No 0.......... 29 If__ o NoIp~__pid,... a "'_...."'_ a ....._....._-<2"'" ol- D Hal prllPlML tu pr..,.. 43 Gap 10 I real -.- a ~1Ip1...""llepil$lyNl' "" """""'..... _. f.... so.... f_. '*" lWdioo. '*' c~ o Yes II No d J(b Were AuIopsy FW'ldIlgs Available Prill 10 Cotrpl6bon 04 CauStl 01 Death? o Yes 0 No 31 MannerolD8aah 1/1.. NalUfal 0 Homicide o Acojenl 0 P'eoollg Inveslioallon o SUICide 0 Cooki Not Be Del\:firiood .~t1t1&, : Appl'oUnale derval Pad II: EnIer... SUlIk.iInI condiIIJns mmidRJ b dAaIb : ons.etlOde.ith bdllDl.r8SUlmgin"~taI.I$8girNn.PaflI :IQ~) :;aifu~S : ::::~''''YL::~.l: ~::::-~.c~ a Ves 0 No a ............ a _ .. a a OINt. 5podyc 33b 6JoICertiIef a Ves It No ~ ~ 'Q -~ P S~uen[wiy list condllOn$. ij any leadVlg to Ih~ cause IISled on LlIle a - Ellie' the UNOfRl YING CAUSE _ (dlSe.aseUfWllUfY 1~,a[inAialt!d1he " tveoU .biUIng in dealhjlAST Due to (Of as a consequence oQ t 3Ua Was an Autopsy PertOflned? ~ ~(SO....",,-.-) >-- as o UJ ~ o u o UJ ::2' <t: Z JJa CettifieI (ched; only one) Certitying physician (PhysicWl CertityWlg r.ause 01 dealh when anoltle, phYSI::ian has plonounc;ecl death and ~ed 18m 23) To lhe best 01 my knowledge, death occurred due 10 the c.1use(S) and mannef as st.1Ied ......_._....._..._._..__ Pronouncing and certifying physician (Physician both p1000UtJ".:lr\g death and C6I1JtyInQ 10 cause of dealh) To the best ot my knowledge, dWh occumd allhe time, dilt,and place, and due to the cause(S) and _met H s~.~_..________~ / ~I euminelJcoronel On lM baSls ot e.u~ andlol invesl~Uon. In q' opinion, de.1lh octuned ilIllhe tn, d.1te, MJ:I pIKe. and due lD the taUH(s) and ..... as ...... _D .,0 AM) . 330. -s9leo_ day ,.,~-_.._-- 01 2 cG J5 "" 5 SylollUf6 and D~ICI NUrr06' ;r~~ J.Jl.phJJ:J...( I ;)ll o ~i -~-Iioiiii_~.........} II~ II ~ ~o"c:.. (See instructions and examples on reverse) .. ..........._..."'........_~cau.."'OeaIb~21)T_ [jUBi<;,A M, $1ANK"YIC (vLb '),\ -~~ . ~~ ~~ LAST WILL AND TESTAMENT OF JOHN C. SERBIEFF I, JOHN C. SERBIEFF, now of 113 June Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, do publish and declare this to be my Last Will and Testament, hereby revoking aU other prior wills and codicils made by me. FIRST: Family Back~round and Appointment of Executor. (A) Family and Background Information. I am not currently married. I have no children. (B) Appointment of Executor. I appoint as my Co-Executors (all hereinafter referred to as Executor) under this Will, the following named persons to serve without bond and without being required to account to any Court: Co-Executors: My niece, CAROL ANN POLM and her husband, CARTER B. POLM, to act jointly or individually. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will, out of my residuary estate, without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. ~ 1""' :~. ~ ", '..::... ~ -,' :J/{Y /- -' -- LAST WILL AND TESTAMENT OF JOHN C. SERBIEFF PAGE 2 THIRD: Tan~ible Personal Pronerty. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath to my niece, CAROL ANN POLM and her husband, CARTER B. POLM, all tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuarv Gifts. (A) I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies or devises (and including any property over which I may have a power of appointment), in the following amounts to the respective named and designated beneficiaries: (1) FIVE THOUSAND DOLLARS ($5,000.00) to PHILLIP S. WEBER. If PHILLIP S. WEBER should predecease me, then his share shall be added to the residue of my estate. (2) FIVE THOUSAND DOLLARS ($5,000.00) to SUSA.~ L. WEBER. If SUSAN L. WEBER should predecease me, then her share shall be added to the residue of my estate. (3) TEN THOUSAND DOLLARS ($10,000.00) to my wife's sister, MYRLE B. COOPER. If MYRLE B. COOPER predeceases me then her share shall be added to the residue of my estate. (4) The remainder of my estate, to my niece, CAROL ANN POLM and her husband, CARTER B. POLM, per stirpes. 90 ;;j;(L LAST WILL AND TEST AMENT OF JOHN C. SERBIEFF PAGE 3 (B) Distributions Durin~ Administration. Prior to final distribution of my estate, the Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. A distribution may be made subject to any indebtedness or liability of my estate. FIFTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SIXTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon him by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such deeds and instruments as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property, real, personal or mixed, at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or fjul ~'..1 , '. I /'" LAST WILL AND TESTAMENT OF JOHN C. SERBIEFF PAGE 4 hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate, including the power to borrow at a reasonable rate of interest. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) In making distributions from the Estate to or for the benefit of any minor or other ?A ~ LAST WILL AND TESTAMENT OF JOHN C. SERBIEFF PAGE 5 person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to payor deliver the same to the custodian of such person, to payor deliver the same to such person without the intervention of a guardian, to payor deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (C) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (D) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. SEVENTH: Ri~hts and Liabilities of Executor. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any ~J Q LAST WILL AND TESTAMENT OF JOHN C. SERBIEFF PAGE 6 investment of the estate, the overall performance of the entire estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. EIGHTH: Tax Elections. In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired, including income, which may belong to a Trust at any given time. (C) Children. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person, the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one share and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. ~ .~ /1.>.1 ~.#~. ~~ .//,/ . LAST WILL AND TESTAMENT OF JOHN C. SERBIEFF PAGE 7 (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F) Cantions. The captions set forth in this Will at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (G) Powers of Anpointment are Exercised. By this Will I exercise any Power of Appointment which I may possess at my death. IN WITNESS WHEREOF, I, JOHN C. SERBIEFF, the Testator, have to this my Last Will and Testament, typewritten on eight (8) pages, including the Acknowledgment and Affidavit, set my hand and seal this ~7 If. day of May, 2003. ~~ e Ji ,', J. N C SERBlEFF ~ Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and in the presence of each other. Each of us further declares that he or she believes the Testator to be of sound mind and memory. The preceding instrument consists of this and seven (7) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. ~cv\...",-0 ,;t. \.._'f;i"-I.-J.Cf-.-~/ residing at CAn "\? HI' LI-, PAl C 1-\12 () L L. FI.( A tV ,i:::j....1-l fJ 0 (print name) ;d~~~ (print name) residing at /~d ,a,r-S.dP/26. ft);2 . ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The Testator and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testator signed and executed the instrument as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each ofthe witnesses were present and saw the Testator sign and execute the instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator signed the will as witnesses; and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. (rf'vll PC. <f~ Testator /1 I).J) ,--/, " j, ~...,-._t----V ,j,\ \',.:;--;^,-"-A..bt..,,-~ Witness L~~ /~? 7 Witness Sworn to or affirmed, su~ribed to, and acknowledged, before me by the above-named Testator and witnesses, thisc4.f-7{tay of May, 2003. d1rJfl{fftu Notary Public My Commission Expires: NotarIal Seal Ten L WaI<er, Notary PWIic lElrnoyne Boro, ClmJerland ColJ'lty My Cormissioo ExpIres Jan. 20. 2007 Member. Pennsylvania Association Of Notaries