HomeMy WebLinkAbout08-03-06
Register of Wills of Cumberland County
Estate of JOHN D. ZAZWORSKY
also known as
PETITION FOR PROBATE and GRANT OI<' LETTERS
~ \ - 01..0' O'<J)\tl
No.
To:
, Deceased.
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No. 206-24-8294
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut.!~ named in the last will of the
above decedent, dated FEBRUARY 8 ,20 01
and codicil(s) dated N/A
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
County,
Decedent, then ~ years of age, died July 5 , 20..2~_, at PolycliniclTriumph Harrisburg, PA
Exceptas 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:
Married to Laura Zazworsky 3/7/1959
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: \0 H\\IS.d", Ct. J)/Jt\A.(p Hdl tlA- 17011
$ i 64 , 000
$
$
$ ctS,lOO
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Signature( s) of Petitione.ili)_
Ii..... :;'7 f;' L.;..,. '~, .t"1 I~"J-'1./l-/':~~ .
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_ Residence( s) of Petitioner( s)
10 Hillside Circle, Camp Hill, PA 17011
RECORDED OFFICE OF
REGISTER OF \\lLL=,
2006 AUG 03 P1\13:31
CLERh 01'
ORIJ[-L\]'.:S' COl'Rl
CL:\[BERL\]'.:D co.. P\
Register of Wills of Cumbe
RECORDED OFFICE OF
REGISTER OF \\1LLS
2006 AUG 03 PM 3:31
CLERK OF
ORPf L \'\;S' COeRT
CC.\fBERL \'\"D co, P,\
OATH OF PERSONAL REPRESENTATIVE
}
COUNTY OF CUMBERLAND
COMMONWEAL TH OF PENNSYLVANIA
SS:
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 above
decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed ancJ..subscribed
Be:tp{e me this -_) . day of
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Register
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No. ~\-O\o-CtG~l
Estate of JOHN D. ZAZWORSKY
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW 2) (~'-^-~\ 206l..Q, in consideration of the petition on the reverse side
hereof, satisfactory proof having een presented before me, IT IS DECREED that the mstrument(s), dated
February 8,2001 , described therein be admitted to probate filed of record as the last will of
John D. Zazworsky ; and Letters are hereby granted to
Laura A. Zazworsky
FEES
Probate, Letters, Etc. ........,....
\Vill .................................
Renunciation...................... .
Short Certificates c\t:)) ............
JCP. . .. . .. . .. . .. . .. . . . . . . . .. . .. . .. . ..
Automation Fee.............. .....
Bond............................ .....
Total
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Filed '1 i'-n\ \
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$
$
$
$
$
$
$
$
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]\0. eJ.) 83882 Mi~had S, ~erG)~'so\',
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Attorney (Sup. Ct. J.D. No.)
2411 N. Front Street
Harrisburg, PA 17110
Address
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RECORDE~D OFFICE OF
REGISTER OF \\1LLS
2006 AUG 03 PM 3:31
CI,ERK OF
ORPH.\~S' COL'RT
CL'~fBERL\?\:D CO" P,\
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TYPLHilNT IN
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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WILL
OF
JOHN D. ZAZWORSKY
RECORDED OFFICE OF
REGISTER OF \X1LLS
2006 AUG 03 PM 3:31
CLERK OF
ORPFL\~S' COCRT
CC\ffiERL\~D CO., P\
I, JOHN D. ZAZWORSKY, of Cumberland County, Pennsylvania, make this
my Last Will, hereby revoking any and all former wills or codicils made by me.
ARTICLE ONE
Payment of Last Expenses
I direct my Personal Representative to pay the expenses of my last illness and
my funeral expenses as soon as may be convenient after my death.
ARTICLE TWO
Tan~ible Personal Property
Section 1. Spouse Surviving. I give my automobiles, household and personal
effects, and other tangible personal property of like nature (not including cash or securities),
together with any existing insurance thereon, to my spouse, LAURA ANN ZAZWORSKY, if
my said spouse survives me by thirty (30) days.
Section 2. Spouse Not Surviving. If my said spouse does not survive me by
thirty (30) days, I give said property as I may have provided in a memorandum kept with the
original of this Will, or to the extent not so provided, to such of my children, JOHN D.
ZAZWORSKY, JR., DAVID A. ZAZWORSKY and NANCY L. FRIST, as are living on
the thirty-first (31st) day after my death, in such shares or by such items as they may agree
upon or, if they are unable to agree, then in such shares or by such items of approximately
equal value as they may select by lot. Any such property not so distributed shall be sold and
the proceeds added to my residuary estate passing under Article Three of this Will.
ARTICLE THREE
Residue
Section 1. Bequest to Spouse. I give all of the residue of my estate to my
spouse, LAURA ANN ZAZWORSKY, if my spouse survives me by thirty (30) days. If my
{L0230450.1 }
said spouse survives me, but does not survive me by thirty (30) days, I give to my spouse that
amount, if any, which, when added to any property passing to my spouse by survivorship,
beneficiary designation, or otherwise outside of this Will, is needed to reduce the federal estate
ltax payable on my estate to zero after full use of all other deductions and credits as finally
determined for federal estate tax purposes (other than any credits the use of which would
increase my total death taxes). Property distributed in kind in satisfaction of the amount
determined under the preceding sentence shall be valued as of the date of distribution. Any
remaining amounts of my residue shall be distributed as provided in Section 2 of this Article
Three. If my death and the death of my spouse occur under such circumstances that there is
not sufficient evidence that we have died otherwise than simultaneously, and if my taxable
estate as finally determined for federal estate tax purposes, but without application of this
presumption, exceeds the taxable estate of my spouse, as similarly determined, my spouse shall
be presumed to have survived me. My spouse shall have the right to disclaim all or any part of
my estate bequeathed or devised to spouse hereunder, in which case said amount shall be
distributed in accordance with the further provisions of this Will.
Section 2. Outright to Children. If my said spouse does not survive me by
thirty (30) days, I give all the residue of my estate remaining after application of Section 1 of
this Article Three to my children, JOHN D. ZAZWORSKY, JR., DAVID A.
ZAZWORSKY and NANCY L. FRIST, as are living on the thirty-first (31st) day after my
death, outright and free of trust, in equal shares, the share of any predeceased child to be
distributed to such child's issue, per stirpes, subject to the minor beneficiary provisions
contained hereinafter.
Section 3. Ultimate Distribution. If any amount of my estate hereunder
remains undistributed under the foregoing provisions, my Personal Representatives shall
distribute such amount to those persons who would have been entitled thereto if my spouse and
I had each owned one-half (112) thereof and had died at that time intestate, unmarried, without
children surviving, and domiciled in the Commonwealth of Pennsylvania.
ARTICLE FOUR
Minor Beneficiaries
If any beneficiary who is entitled to receive absolutely and free of trust a share
of the principal of my estate or any trust created hereunder, except pursuant to Article Two
hereof, is under the age of twenty-one (21) years (hereinafter in this Will called a "minor",
notwithstanding the fact that such beneficiary is deemed to possess legal capacity because said
beneficiary has attained the age of majority under applicable state law), such share shall either
be:
Section 1. Distributed to a custodian of said minor under the Pennsylvania
Uniform Transfers to Minors Act or under a similar act of any other state; or
2
Section 2. Placed or retained in the possession of my Executor who shall have
discretion to use or apply so much of said share and so much of the net income, if any,
therefrom as he may deem advisable toward the health, maintenance, education and support of
said minor, accumulating and investing any income not needed for such purposes and later
utilizing it therefor if deemed advisable, until said minor has reached said age or has sooner
died at which time my Executor shall distribute the rest of said share, together with any
accumulated income then remaining, outright to said minor or to his or her estate, as the case
may be. For the purposes of such administration my Executor shall have all the powers, rights
and discretions elsewhere conferred upon him by this Will or by law and shall be entitled to the
same compensation in respect of both income and principal as if acting or continuing to act as
testamentary Trustee with respect to said share. My Executor shall not be under any duty to
sell any tangible personal property that may be subject to this Section 2 in order to render the
proceeds productive of income and may in his discretion allow said minor to have the
possession and use of any such property notwithstanding his or her minority without liability
on the part of my Executor for wear and tear, damage or the loss that may result therefrom. It
is the intent of this Section 2 to constitute my Executor as the holder of powers in trust for the
purposes above indicated.
ARTICLE FIVE
Other Provisions Affectine Trusts for Minors
Section 1. Disbursements to or for the Benefit of Minors. In the disbursement
of funds paid under this Will to or for the use and benefit of any beneficiary who is a minor,
the Executor may make payment of the same to the parents, guardian or such other person
having custody of the person of that minor at the time such payments are made, but without
liability on the part of the Executor to see to the application of said payments by the payee, and
the receipt of any such person shall be a full acquittance of the Executor as to any amounts so
paid, or the Executor may make payment of the same directly to or for the benefit of such
minor. The Executor is also hereby authorized to make payments of such funds to a custodian,
which may be a person or institution appointed by the Executor, as a transfer under the
Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, and
the receipt of the custodian shall be a full acquittance of the Executor as to any amounts so
paid.
Section 2. Stock Dividends. Corporate distributions received in shares of the
distributing corporation shall be allocated to principal, regardless of the number of shares and
however described or designated by the distributing corporation.
Section 3. Spendthrift Provision. During the continuance of any of the trusts
created under Article Four of this Will the principal sums thus held in trust for the
beneficiaries, respectively, and the income thereof shall not be subject to or liable for any
contracts, debts, engagements, liabilities or torts of such beneficiaries, or any of them, now or
hereafter made, contracted, incurred or committed, but shall be absolutely free from the same,
3
and the beneficiaries under Article Four hereof, shall have no power to sell, assign, or
encumber all or any part of the said principal sums or their interest therein respectively, or the
income thereof, or to anticipate the said income. If any anticipation, assignment or transfer,
whether voluntary or involuntary, or by operation of law, shall be made or attempted by or
against any beneficiary under Article Four hereof, all further payments to said beneficiary of
income or principal of the trust shall be suspended for such period of time or indefinitely (but
in no case for longer than the term of the trust) as the Executor shall determine and, in lieu of
such payments, the Executor may apply so much of the income or principal of the trust, or
both, as the Executor may deem necessary for the health, support, maintenance and education
of said beneficiary, and all income of the trust not so applied shall, in the sole discretion of the
Executor, be accumulated and added to the principal of the trust fund at such time or times as
the Executor may deem to be in the best interests of the beneficiary.
Section 4. Rule Against Perpetuities. No trust created hereunder shall fail to
vest within twenty-one (21) years after the life of the last to die of a class consisting of my
issue in being, and upon the failure to vest within such period, any such trust shall terminate
and the assets thereof shall be distributed outright to the beneficiaries of said trust per stirpes.
ARTICLE SIX
Personal Representatives
I appoint my spouse, LAURA ANN ZAZWORSKY, as my Personal
Representative under this Will. My said Personal Representative, or any successor Personal
Representative, shall have the authority at any time to appoint another individual or a bank as
an additional or successor Personal Representative. In the event my said spouse becomes
unable or unwilling to serve as Personal Representative, and no successor has been appointed,
I appoint my daughter, NANCY L. FRIST, as successor Personal Representative. If my
daughter, NANCY L. FRIST is unable or unwilling to serve or continue to serve as Personal
Representative, then my son, JOHN D. ZAZWORSKY, JR. shall serve as Personal
Representative. If my son, JOHN D. ZAZWORSKY, JR. is unable or unwilling to serve or
continue to serve as Personal Representative, then my son, DAVID A. ZAZWORSKY shall
serve as Personal Representative. In addition to the powers conferred by law, my Personal
Representative shall have the following discretionary powers, exercisable without the need to
obtain court approval:
Section 1. Power to Retain Assets. To retain as part of my estate any property
received hereunder, without any duty of diversification.
Section 2. Power to Invest. To invest and reinvest the principal of my estate in
such stocks, bonds, mortgages, securities or other property, real or personal, without being
limited to the classes of securities or investments in which fiduciaries are by law authorized to
invest funds.
4
Section 3. Power to Deal With Assets. To sell, exchange, lease, encumber,
option or otherwise dispose of all or any portion of my estate, real or personal, in such manner
and upon such terms and conditions as are deemed advisable, and to make, execute and deliver
any documents necessary to effectuate any powers herein granted.
Section 4. Tax Powers. In connection with the making and filing of all income
tax, estate, inheritance and other death tax, gift tax and other tax returns and the paying of
such taxes, to make such elections, decisions, concessions and settlements, including
extensions of time for the payment of any federal estate taxes or other taxes due, as may be
deemed proper, without liability to any person thereby affected, and without the necessity of
making compensating adjustments.
Section 5. Power to Distribute in Kind. To make distributions of my estate in
cash, in kind, or partly in cash and partly in kind; and to make non-pro rata distributions in
kind without consideration of the income tax basis of the assets distributed.
Section 6. Real Estate and Proceeds. I do not wish to have the value of my
estate reduced by the forced sale of any real estate which I may own at my death. I therefore
authorize my Personal Representative to retain such real estate until such time as it can be sold
for its fair market value and, if necessary in order to provide funds for the payment of any
debts, expenses, estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death, I authorize my Personal Representative to borrow
money and for that purpose to mortgage any such real estate and to execute and deliver all
notes, bonds, mortgages, and other instruments and to perform all acts necessary, proper or
convenient in connection therewith, any and all such loans and mortgages to be made in the
sole discretion of my Personal Representative and for such amounts and upon such terms as my
Personal Representative deems proper. I authorize my Personal Representative, without the
necessity of petitioning any court for approval or confirmation, to sell at any time, all or part
of the real estate which I own at my death and which is a part of my residue, to anyone or
more of my children or their issue for such price and upon such terms and conditions as all of
my surviving children may agree.
Section 7. Business Powers. My Personal Representative may carryon any
business owned and operated by me or my estate as a sole proprietorship or any business
conducted by a limited or general partnership of which I or my estate was a partner for
whatever period of time my Personal Representative may deem advisable, and to that end my
Personal Representative shall have the power to do any and all things deemed necessary or
appropriate, including the power to pay any negative cash flow, the power to incorporate any
such business or hold the stock as an investment, the power to borrow and pledge assets held
in trust as security for such borrowing, the power to liquidate or sell any such business or such
interests therein at public or private sale and at such times and upon such terms as my Personal
Representative deems advisable, and the power to employ agents to manage and operate such
business without liability for the actions of any such agents, or for any loss, liability, or
indebtedness of such business, if the management is selected or retained with reasonable care.
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Section 8. Waiver of Bond. No Personal Representative hereunder shall be
required to give bond for the faithful performance of duty in any jurisdiction.
ARTICLE SEVEN
Source of Payment of Debts. Expenses and Taxes
All estate taxes, inheritance taxes, transfer taxes and other taxes of similar
nature, together with any interest and penalties thereon, payable by reason of my death upon
the property constituting my gross estate for death tax purposes, whether or not such property
passes under this Will, and all debts, costs of administration and other proper expenses paid by
my Personal Representative shall be paid from the principal of my residuary estate passing
hereunder, without reimbursement from or apportionment among the legatees or devisees or
persons having a beneficial interest in any such property. Assets sold by my Personal
Representative to make payments hereunder shall be selected, to the extent advisable, so as to
minimize the recognition by my estate of gain for income tax purposes. My Personal
Representative may enter into such agreement or make such election to pay all or any part of
the death taxes on any future interest as may be deemed appropriate, and such agreement shall
be binding upon all parties in interest.
ARTICLE EIGHT
Interpretation of Will
Section 1. Singular and Plural: Use of Gender. Whenever used herein, the
singular shall include the plural, the plural the singular and the use of any gender shall be
applicable to all genders.
Section 2. Definition of Child. Children or Issue. Whenever the terms "child,"
"children" and "issue" are used herein, such terms shall include adopted children, regardless of
the date of adoption, with full effect as if they were the natural children of the adopting
parents. Such terms are also intended to include persons in gestation at any pertinent time
under this Will, provided such persons survive birth by thirty (30) days.
Section 3. Captions. The captions of articles and sections of this Will are for
convenience of reference only and shall not affect the interpretation of this Will.
Section 4. Governing Law. I hereby declare that I am a domiciliary of the
Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the
Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership
of any property passing at the time of my death other than under this Will, and that no
succession laws of any other nation or state shall have any applicability to this Will or the
ownership of any other property passing at the time of my death other than under this Will.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal to the original
of this Will only this J day of , 'W-'L<<n~' 2001,
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(~OHN D. ~ Z ORSKY,
L,.
(SEAL)
Signed, sealed, published and declared by J()~ ",0 2vz '-'Vel \ I Y , as and
for said person's Will in the presence of us and each of us, who, at said person's request, in
said person's presence and in the presence of each other, have hereunto subscribed our names
as witnesses thereto the day and year last above written.
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ACKNOWLEDGMENT AND AFFIDAVIT
1''''
COUNTY OF LA('1Y\~('\Cu-',6
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SS:
COMMONWEALTH OF PENNSYLVANIA
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-;J We, JOHN D, ZAZWORSKY, f)", ~G" ,',' A, J e ,', , and
_ / J fh'v/\ I..c S f b (! C 1 i , the Maker of this Will 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 Maker signed and executed the
instrument as the Maker's Last Will and that the Maker signed willingly, and that the Maker
executed it as the Maker's free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Maker, signed the Will as witnesses
and that to the best of their knowledge the Maker was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
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Witness V
SUBSCRIBED, sworn to and acknowledged before me by
\ ~) h r\ J) .D.l1j) R-5\< l\f the Maker, and subscribed and sworn to before me by
'OCtrbCl rrL 1t ~~.th, and ~I\rI':;m C~S-V. ~-:^C)..(\\~ , witnesses, this y,d-___
day of j~ .~. bJ!j/tO~hci~' 2001.
/1 ~ /{ . J
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Notary Public
~ Notarial Seal
Stacey L. Fink, Notary Public
Harrisburg, Dauphin County
My Commission Expires Feb. 19, 2004
Member. PennsylVania Associatlon of Notar1es
{L0230450.1}
L0230450. DOC--02/08/0 1
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