HomeMy WebLinkAbout03-01-06
PETITION FOR PROBATE and GRANT OF LETTERS
Edward A. Siemon. Jr. No. ~ " - J.. ~'-" ~ . ~ \ ~\ ~
To:
Register of Wills for the
. Deceased. County of cumberland in the
Social Security No. 162-14-2549 commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Y tali" petitione<(,), who i,/= 18 yem ofage 0' olden..d the oxeont rix named
in the last will of the above decedent, dated 05/16/2002
and codicil(s) dated N/A
Estate of
also known as
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Deoedent wos domiciled ,t death in cumberland County, Pe,,",ylvania, with
h is lost fomily 0' p<incip,1 <<,iden<< ,t 540 Bronmater Road. Camp Hili. East Pennsboro
(list street, number and municipality)
Decedent, then 87 years of age, died 1/22/2006
at West Shore Rehabilitation Center cumberland Count PA
Except" follo=, decedeot did oot marry, wa' oot divo,ced and did oot have' child bom 0' odopted
afte< execotion of the will offe<ed fo' pmb'te; Will< not the victim of, killing and Will< neve< ,djudic,ted
incompetent:
Decedent at death oV'/fied property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not 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:
5.000.00
$
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamenta
die<eon. (",,,=nbry; ,dmiei"m"ee ,,,-,; ,dmiei,"'''"" d.b.e.""')
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Marcella P. Siemon
540 Brentwater Road
Camo Hill
PA 17011
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA} S5
COUNTY OF cumberland
The petitione<(') ,bove-nomed ,we",') 0' ,ffum<') th,t the ,tatemen" in the fo<<going petition ,<<
true and correct to the best of the knowledge and belief of petitioner( s) and that as personal represen-
"tive(,) of the above deceden< petitione<(,) will well ,nd truly ,dmini,te' the "tate acoo,ding to I,w.
Swom to m ,ff=~nd 'Ub'W'b.ec.. {~ Ih 11 /l P -' JP..M.. ? ~y>./
befo<< me thi' " day of
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Estate of
Edward A. Siemon. Jr.
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW \l\ ~ \\. ~ ~ \) 'J.. \:.)~~ , 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 5/16/2002
described therein be admitted to probate and filed of record as the last will of
Edward A. Siemon. Jr.
and Letters T estametnarv
are hereby granted to
Marcella P. Siemon
FEES
c:-,""~ ~"'~, ~~~~) ~
~ RegisterOfWi1l~~~. ~ )~~O ~
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~ . Hock, Esquire
19211
Probate, Letters, Etc.. , . , . . . . $ ":)~.
Short Certificates (").. ). , . . . . . $ ~ .
ReHl:illeiation. .~.~ \~. . . . . . , $
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TOTAL _ $
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ATTORNEY (Sup. Ct. J.D. No.)
3211 North Front Street, PO Box 5300
Harrisburq PA 17110-0300
ADDRESS
1.717) 238-8187
PHONE
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
Hl05143Rev Ol.QO
TYPElPRINT tN
PERMANENT
BLACK INK
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. llems24.26ITM.lSlbeco~byperson
'IIt.o pronounces dealh
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CAUSE OF DEATH (See Instructlons.nd examples)
llem27. Pan '- EnltIllh8~ -dl$eases.intdfieS.CH cOrfl}licalions -lhaldirtICllycausedlhedeidh DO NOT enter1eflTlinal events soch as cardiac arrest
respwatory anesl, Of ventri:ulat fitllilation wilhoul showng Ihe etiology DO NOT abbreviate. Enter onty one cause on a line
=:::~S;~~~dis8~( a _ .________XLl~.~I.f!~~_______.___._..__..______________
Sequentiatrksl~s,daf\Y, _D~'_~.~~_~~_~_:~TJ~tt_A!j,.p.._- b _~ Th~l't'~______ __
leading 10 the cause listed on line a Ouelo(OfaSaCOllS~eo9: j
: ~d':as~~'::~~';I~~e .____n__ --- .-\-~j-~~___~~rt~rA{~~~~~- _.-G~
al/tnts lesuklg ill dealh) LAST Due 10 (01 as a consequence oQ (
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ApproximaleinleNal Part II: EnltrolM,siondicanl condlions conl,ibutina 10 dealh 2& D~. Tobacc UseConlrlbuleIoDu!h?
onsettodealh bulnol rnul&lnginlhl uncSerlyi'IgC&U5e given in Parl I. 0 0 Probably
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o Yes No
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JOb_ Were Autopsy Findings
A~ailablePt~- loCo lion
of Cause 01 De .
o Yes No
31 Man ealh
Nalural 0 HOffilCIde
o Accident 0 Pendinglrwesligalloo
o Suicide 0 Could Nol & Dtrlermlned
32a DaleollnlUry(Monlh,day.year)
32b Describe how InjUry Occurred'
29 UFemale
o Not pre\Jlinl wlhinpast year
o Pregnanlalll'neoldNlh
o Notpr~,bulpregnant'dhin.2days
otdaath
o Not pr&gnanl. but pregnilnl.43 days 10 I year
belore death
o Unkf\OlrlllnilpregnanlwChinthepaslyear
32t_ P\aceof Injury.. Home. Farm, SttNl,Fac1ory,Ofice
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3211localion(~r8fllclyf\own,state)
32d Tlml!olln]ury
33a Certifier (check only one)
Cer1itylng physicl.an (PtlyslClan certltyll1g cause 01 death when _nolhe' phYSICian has pronounced death and cofl1)leled hem 23)
To lhe best 01 my knowNldge, de,jth occurred doe 10 the cause(s) and manner as suted....
Pronouncing and cer1if)'1nQ physician (PhYSICian bolh prol'lOuno.:ing dealh and cerlifyilllllo cause 01 deathl
To lhe besl 01 my knowledge, dealh occurred at lhe lime, dale. and pi;rce, and due 10 the cause(s) and manner as staled..
Medinl eUmlnetlcoroner
On\he bni$ 01 turrnnaUon a r ,...,eS\iQiilt'lon, in my opinion, duth occurred at the lime, date, ii1nd plOlce, and due 10 lhe cause(sl and manner as staled .....,...0
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" (See instructions and examp~ on reverse)
shc\ctr\wills\SiemonE. Wi1l2
May 16,2002
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LAST WILL AND TEST AMENT
OF
EDWARD A. SIEMON, JR.
I, EDWARD A. SIEMON, JR., of Camp Hill, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at
anytime heretofore made.
1. F AMIL Y.
1.1 Identification of Family. I declare that I am married to MARCELLA P. SIEMON
and that there are two (2) children (as herein defined) of this marriage whose names
are EDWARD A. SIEMON, III and DIANE BURGRAFF.
1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean
only MARCELLA P. SIEMON. As used in this Will, the terms "my child" or "my
children" refers to all my natural children and adopted children. As used in this Will,
the term "issue" refers to all lineal descendants of the indicated person of all
generations, with the relationship of parent and child at each generation determined
by the definition of "children" set forth in this paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all
the expenses of (1) a funeral or memorial service; (2) the internment of my remains, including
the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
3. SPECIFIC BEQUESTS. In the event that my spouse has predeceased me, I hereby
devise and bequeath the following:
In order to keep all bequests absolutely equal between my children, I
give to my daughter, DIANE BURGRAFF, the sum of $50,000.00
since Edward ill received a similar amount when he needed it, while
I was still living.
1
(~h. ~A <1:. ~~~Jl7:
Edward A. SIemon, Jr. -
shc\ctr\wills\S iemonE. Wi1l2
May 16, 2002
4. DISPOSITION OF TANGIBLE PERSONAL PROPERTY.
4.1 Disposition to Spouse. I give all of my tangible personal property of every kind and
description, including, but not limited to, books, pictures, clothing, articles of
household or personal use or adornment, household furnishings and effects, and
automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with
the operation of any trade or business, to my spouse.
4.2 Alternative Disposition. If my spouse does not survive me by more than sixty (60)
days after the date of my death, and any ofthe hereinafter named persons survive me,
I direct my executor to divide my tangible personal property into two parts. The first
part shall contain all items that my executor determines, to be of no present or future
value or use to my children. The second part shall contain the balance of the
property. My executor shall dispose of the first part by sale, abandonment,
destruction, or gift to any charity or person. The proceeds of any sale shall be added
to my residuary estate. All property in the second part I give to my children,
EDWARD A. SIEMON, III and DIANE BURGRAFF, who survive me, in
substantially equal shares, to be divided among them as they shall agree. If any
beneficiary is a minor, the guardian ofthe person ofthat beneficiary must agree to the
division. Ifno agreement is reached within (60) days after my death, all property in
the second part shall be divided among my children, EDWARD A. SIEMON, III
and DIANE BURGRAFF, in such manner as my executor shall direct. The decision
of my executor shall be conclusive and binding on all persons interested in my estate.
5. DISPOSITION OF RESIDUARY ESTATE.
5.1 Disposition to Spouse. All of the rest, residue and remainder of the property that I
own at the time of my death, both real and personal, and 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"), I give outright and absolutely to my spouse,
if she survives me.
5.2 In the event my spouse is not living on the sixtieth (60) day after the date of my death,
I leave all the rest, residue and remainder ofthe property that I own at the time of my
death, both real and personal, and of every kind and description, wherever situate, to
which I may be legally or equitably entitled at the time of my death (my "residuary
estate"), in equal shares, to my children, EDWARD A. SIEMON, III and DIANE
BURGRAFF, who survive me, PROVIDED THAT, if any of my children shall
predecease me leaving issue who survive me, then I leave the share of that deceased
child to his or her issue, who survive me, per stirpes; and FURTHER PROVIDED
2
~~~ a<~ (J~;
Edward A. Siemon, Jr. /.
shclctrlwillslSiemonE. Will2
May 16, 2002
THAT if all of my children shall predecease me and none lease issue who survive me,
then I leave the remainder of my estate, to be divided equally between the following:
1. ANIMAL FRIENDS OF PITTSBURGH, PENNSYL VANIA
2. P.A.W.S.
3. HELEN O. KRAUSE ANIMAL FOUNDATION OF
MECHANICSBURG, PENNSYL VANIA
6. POWERS OF ADMINISTRATION.
6.1 Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 6. These powers and
authorities may be exercised by my executor and trustee in their sole and absolute
discretion, without the permission or order of any court. These powers shall be
supplementary to those conferred by law, including, but not limited to, those set forth
in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
6.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property
of my estate or trust, however received and acquired, for so long as they deem
appropriate. This power may be exercised even though the property may not be of
the type authorized by law for investment, and even though the retention may leave
a disproportionately large amount of the value of my estate invested in one type of
property.
6.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or into the trust
corpus at or after my death. The sale, transfer, or conveyance may be by public or
private sale, at such time, on such terms and conditions, including selling price and
credit, in such manner, and for any reason that my fiduciaries deem appropriate,
including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
6.4 Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate or in the trust corpus in preferred and common stocks, bonds, notes,
common trust funds (including any managed by any corporate fiduciary), interests in
investments, trusts, mutual funds, leases, mortgages on property wherever located,
and, generally, in any property and in proportions of property as my fiduciaries deem
advisable, even though the investments are not of the character or proportions
authorized by applicable law for the investment of the funds.
3
III
~/\~~.~f~/~,
Edward A. Siemon, Jr.
shc\ctr\wills\SiemonE. Wi1l2
May 16, 2002
6.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate or in the trust
corpus to secure repayment of any loan, as well as the power to renew existing loans
either as maker or endorser.
6.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
6.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as
amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
6.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in anyone or more of the following ways:
(1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or
expenses of the beneficiary; (3) to the guardian of the person or estate of the
beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for
the beneficiary under any law related to gifts to minors, including to my fiduciaries in
that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds so
paid, provided due care was exercised in the selection of the person to whom the
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
6.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate or the trust corpus may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as directors,
officers, or employees of any business, to be compensated without regard to being a
fiduciary under this Will; and (3) the power to make any other arrangements in regard
to any business as my fiduciaries shall deem proper.
4
~~d.~~~
Edward A. Siemon, Jr.
shc\ctr\wilIs\SiemonE. WilI2
May 16, 2002
6.10 Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
6.11 Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate or of the trust without
the approval of any beneficiary or of the court, but subj ect to allowance or
disallowance on the settlement of the final accounts of my fiduciaries.
6.12 Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
6.13 Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization(s) then my fiduciary is instructed to use
the value of said donation( s) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
7. PAYMENT OF DEATH TAXES.
7.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under this Will shall be paid
from my residuary estate as a part ofthe expenses ofthe administration ofthe estate.
7.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death shall be paid out of my residuary estate and shall not be deducted or
collected from any beneficiary under this Will or other transferee.
8. EXECUTOR.
8.1 Appointment. I name, constitute, and appoint my spouse, MARCELLA P.
SIEMON, as executor of my estate. If my spouse shall not survive me, shall not
serve as executor for any reason, or shall cease to serve as executor for any reason
after appointment, EDWARD A. SIEMON, III and DIANE BURGRAFF shall act
as co-executors in her place.
8.2 Bond Not Required. None of the individuals named in Section 8.1 shall be required
to furnish a bond for the faithful performance of his or her duties as executor.
5
./
~~"/'{A"/t a..'~..PL /L ,
Edward A. Siemon, Jr. :/l--
shc\ctr\wil1s\SiemonE. WiIl2
May 16, 2002
9. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH.
For the purposes of this Will, in determining whether a person has survived me or another
person, (1) my spouse shall be deemed to have survived me unless it unmistakably appears
by proof that she predeceased me; and (2) in all other cases, a person shall not be deemed to
have survived me or another person ifhe or she dies within sixty (60) days of my death or of
the death of the other person.
10. LIABILITY OF EXECUTOR.
My executor shall not at any time be liable for mistake oflaw or of fact, or both law and fact,
or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any
other persons, except through actual fraud or willful misconduct on the part of the executor.
My executor may, from time to time, consult with counsel with respect to the meaning,
construction, and operation of this Will, particularly with respect to the appointments,
allocations, and disbursements, and may act on the advice of counsel in all matters without
incurring liability on account of his or her actions.
11. INTERPRETATION.
11.1
11.2
11.3
11.4
11.5
Will Not Contractual. My spouse and I are executing Wills at approximately the
same time, in which each of us is the primary beneficiary of the Will of the other.
These Wills are not being executed pursuant to any contract to make a Will or any
contract not to revoke a Will. The Will of each of us is revocable at any time,
whether before or after the death of the other spouse, at the sole discretion of the
spouse making the Will.
Successors of Fiduciaries. All pronouns referring to an executor or trustee and the
terms "executor" and "trustee" shall be construed to mean any person acting as my
executor, co-executor, co-trustee, trustee, or administrator, as the case may be.
Number and Gender. Ifrequired by the context ofthis Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
/ _/ - _.~. ~__tl 4' ~=-7--z .0
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6
shc\ctr\wills\S iemonE. Wi1l2
May 16, 2002
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of seven (7) typewritten pages, ~~first six (6) of which bear my signature in
the margin for the purpose of identification, this ~ day of May, 2002.
~~~{ ~ -<;t ~(YlA (j~ .
EDWARD A. SIEMON, JR, TEsTATOR
Signed, sealed, published and declared by the above-named Testator, EDWARD A.
SIEMON, JR., as and for his Last Will and Testament, in the sight and presence of us, who, at his
request, in his sight and presence and in the sight and presence of each other, have hereunto
subscribed our names as witnesses.
" "1
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Witness
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7
shc\ctr\wills\SiemonE. Will2
May 16, 2002
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I, EDWARD A. SIEMON, JR., THE TESTATOR, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST
WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY EDWARD A.
SIEMON, JR., THE TESTATOR THIS /G I'L DAY OF MAY, 2002.
"
LPAMj~<t~ 4 4~~?R
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EDWARD A. SIEMON, JR., Testator:
f2!;,,~ ~~~~~
COMMONWEALTH OF PENNSYLVANIA )
: SS.
)
WE, t~ t) ~({1,L /) " 2t t (j..-2 / AND (7 {Lf 6 / M V\ M. '12a ( ~--L
THE WITNES~ES WHOSE NAMES ARE SIGNED TO Tk FOREGeiNG INSTRUMENT, BEING
DUL Y QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL
AND TESTAMENT; THAT HE 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 TESTA TOR SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
I Ucf"\- DAY OF
COUNTY OF CUMBERLAND
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFQRE ME, THIS
MAY, 2002. /' \. ./7 !"
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Notary Public .
Notarial Seal . ]
Deborah L. Brenneman, Notary Public
Camp Hill 80ra cumberland County
J 'I 18 2002
tJv Commi"';i!m Expims: ~n.f>l. ....:~.,.__
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