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Register of Wills of CUMBERLAND County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of
also known as
Vilma E. Zugay
No. 26fJh - tJ3S0
I Deceased
Social Security No.
174-20-3667
Cynthia L. Bell
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or '8' BELOW:)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut rix
the Decedent, dated 2/11/2002 and codicil(s) dated / /
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:
D B. Grant of Letters of Administration
(c.t.a.; d.b.n.c.t.a; pendente 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:
I
Name
Relationship
Residence
I
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
County, Pennsylvania with his/her last family
or principal residence at , 251 Cumberland Road, Camp Hill, PA, 17011
(list street, number, and municipality)
Decedent, then ~years of age, died 4/11/4006 at Carolyn Croxton Slane Residence of Hospice of Central PA
(Location)
Decedent at death owned 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
$30,000.00
$
$
$
$
$0.00
situated as follows:
, ,
ect:Q '(\rinted name and residence
557 Fishing Creek Road
Lewisberry, PA 17339
Cynthia L. Bell
O"n
)JUZ
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems,lnc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsyfvania
County of CUMBERLAND
The Petitioner(s) above-named sweans) or affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of
the Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or aNirmed and subscribed ~~ J/ ~
before me this _.J.!'f day of nthia L. Bell
fVl 01f · A(jO~
~dff. ~VtA Ji.1tuf'cu<~
'-P'^- ~ ~lhe Register
No. d. 0 tJ h -!J 3g ()
Vilma E. Zugay
Estate of
Deceased
Social Security No: 174-20-3667
Date of Death: 4/11/4006
AND NOW,
~ IS)
, .2.tJ~6 t in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [!] Testamentary D Of Administration
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to
Cynthia L. Bell
/ / 2/11/2002
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Short Certificate(s). S
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in the above estate and that the instrument{s) dated
{'JjJJ
R9RIoIReiatfe". . . . .
Attorney:
Matthew J. Parker
s
Affidavits (
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1.0. No:
76447
MARSHALL & ASSOCIATES
49 East Fourth Street
Extra Pages (
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$
Address:
JCP Fee. . .
$
10 100
Williamsport,PA
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Telephone: h~70) ~21-96oaj
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Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software onty CPSystems, Inc.
Form RW-1 (1991)
LAST WILL AND TESTAMENT
OF
VILMA E. ZUGAY
LAW OFFICES
MARSHALL & ASSOCIATES
303 ALLEGHENY STREET
JERSEY SHORE, PENNSYLVANIA 17740
570-398-7603
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LAST WILL AND TESTAMENT
OF
VILMA E. ZUGAY
I, VILMA E. ZUGAY, currently residing at 2395 Old Trail Road, York Haven, York County,
Pennsylvania, 17370, declare that this is my Will and I revoke all other Wills and Codicils which I have
made.
ARTICLE 1
FAMIL Y
1.01. IDENTIFICATION OF MY FAMILY. I declare that I am unmarried and that I have five
children: ROBERT W. ZUGAY, CYNTHIA L. BELL, DOUGLAS M. ZUGAY, THOMAS J. ZUGAY,
MICHELE M. SCHWARTZ.
1.02. DEFINITION OF FAMILY TERMS. As used in this Will, the term "my children" refers only
to the above-referenced children set forth in Paragraph 1.01. The term "my children" excludes all other
persons. For purposes of inheritance from me, the "children" of an individual shall be interpreted to
include persons who have been legally adopted by the individual but shall exclude stepchildren who
have not been legally adopted.
ARTICLE 2
PAYMENT OF DEBTS AND TAXES
2.01. PAYMENT OF DEBTS. I direct my Executor to pay all of my debts that my Executor in my
Executor's sole discretion may allow as claims against my estate.
2.02. PAYMENT OF TAXES. I direct my Executor to payout of the principal of my residuary
estate all inheritance, transfer, estate, and similar taxes (including interest and penalties), assessed or
payable by reason of my death, on any property or interest in property which is included in my estate
for the purpose of computing such taxes. My Executor shall not require any recipient of such property
or interest in such property to reimburse my estate for taxes paid under this paragraph.
ARTICLE 3
DISTRIBUTION OF ESTATE TO BENEFICIARIES
3.01. DISPOSITION OF PERSONAL EFFECTS. I may leave a separate memorandum,
addressed to my Executor, which gives directions to my Executor as to the disposition of certain items
of my personal effects. I desire that my Executor distribute those certain items of my personal effects
in conformity with that separate memorandum. That separate memorandum shall not have the effect of
modifying or revoking this Will. All of my personal effects which are not specified in the separate
memorandum, and in the event that I do not leave such a separate memorandum, all of my personal
effects I give to my children, to be divided among them in substantially equal shares as they shall agree.
If no such agreement is reached within ninety (90) days after my death, then such personal effects shall
be divided or sold in such manner as my Executor shall direct. The decision of my Executor in this
regard shall be conclusive and binding on all persons interested in my estate. My Executor is authorized
to represent minor beneficiaries in regard to any division of my personal effects in accordance with this
paragraph.
3.02. DISPOSITION OF RESIDUARY ESTATE. I give 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"), in equal shares to my children. In the event that my son, ROBERT W. ZUGAY, my daughter,
CYNTHIA L. BELL, my son, DOUGLAS M. ZUGAY, or my son, THOMAS J. ZUGAY should fail to
survive me, I direct that his or her share of my estate shall be paid as an addition to the shares of other
beneficiaries of my residuary estate in proportion to their interests in my residuary estate. In the event
that my daughter, MICHELE M. SCHWARTZ, should fail to survive me, then her share shall be paid to
those of her children who survive me. If my daughter, MICHELE M. SCHWARTZ, should fail to survive
me and leave no children who so survive me, then I direct that her share shall be paid as an addition to
the shares of other beneficiaries of my residuary estate in proportion to their interests in my residuary
estate.
3.03. TRUST FOR BENEFICIARIES WHO ARE UNDER THE AGE OF TWENTY-TWO (22).
Any share of my estate which would otherwise pass to any beneficiary who is under the age of
twenty-two (22) years of age, shall be held, by my Trustee, hereinafter named, IN TRUST, in accordance
with the trust terms hereinafter set forth. The Trustee shall hold the trust assets in separate shares for
each of my beneficiaries who are under the age of twenty-two (22) years and administer and distribute
each said share as follows:
a. Until the beneficiary attains the age of twenty-two (22) years, the Trustee shall pay
to or apply for the beneficiary's benefit in quarterly or other convenient installments so much of the net
income and, if the net income is insufficient, so much of the principal, up to whole thereof, of the
beneficiary's share of the trust estate as the Trustee in the Trustee's sole discretion deems advisable
for the beneficiary's proper care, support, maintenance, and education. The Trustee shall accumulate
and add to the principal of the beneficiary's share of the trust estate the undistributed portion of any net
income of the share at the end of the year.
b. When the beneficiary attains the age of twenty-two (22) years, the Trustee shall be
required to distribute to such beneficiary all of the balance of his or her share of the trust estate.
c. If the beneficiary should die prior to attaining the age of twenty-two (22) years, then
on the death of such beneficiary the Trustee shall distribute all of the undistributed balance of the
beneficiary's share of the trust estate in accordance with the beneficiary's Will if the beneficiary dies
testate or to the heirs-at-Iaw of the beneficiary if the beneficiary dies intestate.
2
ARTICLE 4
FIDUCIARIES
4.01. EXECUTOR. I appoint my daughter, CYNTHIA L. BELL, to be Executor of my estate. In
the event that my daughter, CYNTHIA L. BELL, is unable or unwilling to act or continue as Executor,
for any reason whatsoever, then I appoint my son, ROBERT W. ZUGAY, to be Executor of my estate.
4.02. TRUSTEE. I appoint my daughter, CYNTHIA L. BELL, as Trustee of any trust created
pursuant to this Will. In the event that my daughter, CYNTHIA L. BELL, is unable or unwilling to act or
continue as such, for any reason whatsoever, I appoint my son, ROBERT W. ZUGA Y, as Trustee of any
trust created pursuant to this Will.
4.03. GUARDIAN OF THE ESTATES OF MINORS. I appoint my daughter, CYNTHIA L. BELL,
to be Guardian of the Estate for any minor beneficiaries of my estate. In the event that my daughter,
CYNTHIA L. BELL, is unable or unwilling to act or continue as such, for any reason whatsoever, I
appoint my son, ROBERT W. ZUGAY, to be Guardian. Appointment as a Guardian of the Estate of a
minor under this Will shall include guardianship of the proceeds of any life insurance on my life payable
to such minors and any other property, rights, or claims which passes to a minor, either under this Will
or otherwise, with respect to which I am authorized to appoint a Guardian and have not otherwise
specifically done so. The Guardian shall have the power to use principal as well as income from time
to time for the minor's support and education (including college education, both graduate and
undergraduate) without regard to his or her parent's ability to provide for such support and education,
or to make payment for these purposes, without further responsibility, to the minor or to the minor's
parents or to any person taking care of the minor.
4.04. WAIVER OF BOND. None of the Executors, Guardians, or other Fiduciaries named in this
Will shall be required to furnish bond for the faithful performance of his or her duties.
ARTICLE 5
POWERS OF FIDUCIARIES
5.01. POWERS OF FIDUCIARIES. My Executors, Trustees, Guardians and their successors
(hereafter sometimes jointly referred to in the singular as the "Fiduciary"), shall have the following
powers in addition to those vested in them by law and by other provisions of my Will, applicable to all
property, whether principal or income, including property held for minors, exercisable without court
approval, and effective until actual distribution of all property:
a. To retain and continue to hold any or all of the assets of my estate, real or personal,
including any shares of stock or other securities I may own without restrictions to investments authorized
for Fiduciaries, as they deem proper, without regard to any principle of diversification or risk.
b. To invest in all forms of real and personal property (including, without limitation,
stock, option, or other securities, common trust funds, and mortgage investment funds), without
3
restriction to investments authorized for Fiduciaries, as the Fiduciary shall deem proper, without regard
to any principle of diversification or risk.
c. 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, with such prices and upon
such terms or conditions as the Fiduciary deems proper.
d. To allocate receipts and expenses to principal or income or partly to each as the
Fiduciary from time to time thinks proper.
e. To borrow from, or to sell to, any of my Fiduciaries even though the Fiduciary is my
Trustee, Executor, or Guardian.
f. To exercise any law-given option to treat administrative expenses either as income
or as estate tax deductions, without regard to whether the expenses were paid from principal or income.
g. To exercise, respecting securities held by my estate or any trust or guardianship
estate, all the rights, powers, and privileges of an owner, including, without limitation, the power to vote,
give proxies, and to pay assessments and other sums deemed by the Fiduciary to be necessary for the
protection of the estate.
h. To continue and operate, to sell or to liquidate, as the Fiduciary deems advisable,
at the risk of the estate, any business or partnership interests received by my estate or any trust or
guardianship estate.
i. To sell for cash or on deferred payments at public or private sale, to exchange, and
to convey any property of the estate.
j. On any division of an estate into separate shares or trusts, to apportion and allocate
the assets of the estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests
in the manner deemed advisable in the discretion of the Fiduciary; after any division of the estate, the
Fiduciary may make joint investments with funds from some or all of the several other shares or trusts,
but the Fiduciary shall keep separate accounts for each share or trust.
k. To abandon any asset or interest therein in the discretion of the Fiduciary.
I. To lease any real or personal property of an estate for any purpose for terms within
or extending beyond the duration of the estate.
m. To manage, control, improve, and repair real and personal property belonging to
any estate.
n. To employ attorneys, investment advisers, accountants, brokers, tax specialists, and
any other agents deemed appropriate in the discretion of the Fiduciary, including persons associated
4
. .
with or employed by any Fiduciary, and to pay from the estate reasonable compensation for all services
performed by any of them.
o. To procure and carry at the expense of the estate or trust insurance of the kinds,
forms, and amounts deemed advisable by the Executor or the Trustee against any hazard.
p. To compromise, submit to arbitration, release with or without consideration, or
otherwise adjust claims in favor of or against any estate; to commence or defend litigation affecting the
estate or any property thereof as deemed advisable by the Fiduciary.
q. To pay all taxes, assessments, compensation of the Fiduciary, and all other
expenses incurred in the collection, care, administration, and protection of the estate.
r. To do all the acts, to take all the proceedings, and to exercise all the rights, powers
and privileges which an absolute owner or the property would have, subject always to the discharge of
Fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied
powers of the Fiduciary and the Fiduciary shall have all additional powers that may now or hereafter be
conferred by law or that may be necessary to enable the Fiduciary to administer the estate in accordance
with the provisions of this Will, subject to any limitations specified in this Will.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.01. MISCELLANEOUS PROVISIONS.
a. As long as any income or principal to which any beneficiary under my Will may be
entitled remains in the possession of my Fiduciaries and is not actually distributed to the beneficiary,
such income or principal shall not be subject to anticipation or alienation by the beneficiary, by
assignment, or by any other means (except as specifically authorized herein), and it shall be free and
clear of the beneficiary's debts and obligations and shall not be taken, seized, or attached by any
process whatsoever.
b. No person dealing with my Fiduciaries shall be bound to see to the application of
any purchase money or other consideration or to inquire into the validity, necessity, or propriety of any
transaction to which my Fiduciaries may be a party.
c. Whenever appropriate in this Will, the singular shall be deemed to include the plural
and vice versa; and the masculine shall be deemed to include the feminine, and vice versa, and each
of them to include the neuter, and vice versa.
d. For all purposes hereunder, the word "property" shall be deemed to include real and
personal property and any interest of any kind in any real or personal property; the word "estate" shall
be taken to include probate, trust, and guardianship estates and any of them, and the word "give" shall
be taken to include the words "devise" and "bequeath" wherever appropriate in order to effectuate the
testamentary transfer of real or personal property.
5
, .
e. For all purposes hereunder, the terms "Executors," "Trustees," "Guardians," and
"Fiduciaries," and the singulars thereof, shall apply, respectively, to those who are then entitled and
qualified to act as such, whether originally appointed, remaining, substituted, or succeeding.
6.02. FORM OF DISTRIBUTIONS. If my Executor or other Fiduciary is at any time required to
make any distribution to a beneficiary who is a minor, or is an incapacitated person, or is a person whom
the Fiduciary in his or her or their sole discretion deems unable to handle funds properly or wisely if paid
directly to the beneficiary, the Executor or other Fiduciary in his or her or their sole discretion may make
payments in anyone or more of the following ways:
a. Directly to the beneficiary, or to the duly appointment agent under power of attorney
for the beneficiary;
b. To the natural Guardian or legally appointed Guardian of the Person or Estate of
the beneficiary;
c. By making expenditures directly for the care, support, maintenance, or education
of the beneficiary;
d. To any person or organization furnishing care, support, maintenance, or education
for the beneficiary;
e. To any custodial parent of a minor beneficiary;
f. Directly to creditors in payment of the debts and expenses of the beneficiary;
g. To a custodian for the beneficiary under any law related to gifts or transfers to
minors, including to my Executor in that capacity.
The Executor or other Fiduciary shall not be required to see to the application of any
funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full
acquittance. The decision of the Executor or other Fiduciary with regard to the selection of which of the
aforementioned methods should be used in making payments shall be conclusive and binding on all
parties concerned. The Executor or other Fiduciary is hereby authorized to retain and hold and manage
assets for such reasonable period of time as may be required to facilitate distributions to or for the
benefit of a beneficiary pursuant to this Article of my Will. Provided, however, the Executor or other
Fiduciary shall not exercise the powers granted in this Article of my Will in any manner which would
result in disallowance of a marital deduction for inheritance or federal estate tax purposes with regard
to any share of my estate to be distributed to my spouse.
6.03. TERMINATION WHEN CONTINUATION UNECONOMIC. Should the principal of any trust
created herein become so small, in the Trustee's sole discretion, as to make continuance of the trust
uneconomic or inadvisable, the Trustee may make immediate distribution of the then remaining principal
and any accumulated or undistributed income outright to the person or persons and in the proportions
6
. .
then entitled to income. Upon such termination, the rights of all persons who might otherwise have an
interest as succeeding income beneficiary or in remainder shall cease. If any person entitled to receive
distribution is a minor, or is under the age of 21 years, or is incapacitated, the Trustee may, at the
Trustee's option and in the Trustee's sole discretion, pay the fund to the parent or Guardian of the
beneficiary, or, with respect to a minor, the Trustee may deposit the funds in a savings fund account in
the minor's name payable to the minor at majority, or, with respect to a person underthe age of21 years,
the Trustee may make a transfer to a custodian for the beneficiary acting pursuant to the Pennsylvania
Uniform Transfers to Minors Act (Title 20 Pennsylvania Consolidated Statutes, Chapter 53) or the similar
law of another state to be held by the custodian for the beneficiary pursuant to the terms of said Act.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11th day of February, 2002.
,.1/ . (~
'/<.lJ~ C. C)'i37
VILMA E. ZUGAY (J
Signed, sealed, published, and declared by the above-named, VILMA E. ZUGA Y (the "Testator"),
as and for the Testator's Last Will in the presence of us and each of us, who, at the Testator's request
and in the Testator's presence and in the presence of each other, have hereunto subscribed our names
as witnesses thereto the day and year last above written.
J:;.IoWAl j f./. ~
residing at 1537 Oakmont Drive
WilliamsDort. PA 17701
residing at 2104 Roval Avenue
WilliamsDort. PA 17701
7
. .
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF L YCOMING
I, VILMA E. ZUGAY, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes
therein expressed.
Sworn to and subscribed before me by
VILMA E. ZUGAY, the Testator, this 11th
day of February, 2002.
Oam~cA^^~
Notary Public
NorAHIAt SEAL
PATTI JO TURNm, NOTARY PUBLIC
JERSEY SHORE BORO, l yeOMING CO. PA
- MY COMMISSION EXPIRES MAY 13, iooi
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF L YCOMING
We, JEFFREY A. MARSHALL and SUSAN A. HAGEMEYER, the witnesses whose names are
signed to the foregoing instrument, being duly qualified according to law, do depose and say that we
were present and saw the Testator sign and execute the instrument as the Testator's Last Will; that the
Testator signed willingly and executed it as the Testator's free and voluntary act for the purpose 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 that time 18 or more years of age; of sound mind and
under no constraint or undue influence.
Sworn to and subscribed before me by
JEFFREY A. MARSHALL and SUSAN
A. HAGEMEYER, witnesses, this 11th day
of February, 2002.
.L~A.vV (l~ *' ~~
NOTAHlAL SEAL
PATTI JO TURNER, N01AHY PUBLIC
JERSEY SHORE BORO, LYCOMING CO, PA.
MY COMMISSION EXPIRES MAY J 3, 20m
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