HomeMy WebLinkAbout95-03375
ESTATE OF STANLEY J, ZYGMUNT
by his Executrix, Kathryn M.
Zygmunt and KATHRYN M.
ZYGMUNT, individually,
plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
,
NO 95-33 '75
CIVIL TERM
v,
TIMOTHY BECRAFT,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW this
2(,' day of
1 VnA-
, 1995, after review
of the Petition for Settlement and it appearing that Kathryn M.
zygmunt is the sole heir at law of Stanley J. zygmunt, deceased,
approval for the plaintiff/Petitioner Kathryn M. zygmunt
individually and as Executrix of the Estate of Stanley J. Zygmunt
to settle and release the Progressive Insurance Company and its
insured Timothy Becraft is granted.
BY THE COURT,
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! ESTATE OF STANLEY J, ZYGMUNT
I by his Executrix, Kathryn M,
II Zyqmunt and KATHRYN M.
I' ZYGMUNT, individually,
I Plaintiff
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95- 33'7 S
CIVIL TERM
v,
TIMOTHY BECRAFT,
Defendant
CIVIL ACTION - LAW
PETITION POR SETTLBMENT
1)
Plaintiff/Petitioner is Kathryn M. Zyqmunt, the duly
appointed Executrix of the Estate of Stanley J. Zygmunt, Estate
No. 1994-01064. Cumberland County.
2) The Respondents are Timothy Becraft, an adult
individual residing at 13~ North Hanover Street, Apt # ~ ,
Carlisle, Pennsylvania, 17013. and Progressive Insurance Company
with offices at Trindle State Town ctr., 6 State Road, Suite 102,
Mechanicsburg, Pennsylvania, 17055.
3) Stanley J. Zyqmunt died in an auto accident in which
Mr. Becraft's auto, insured by Progressive Insurance Company, was
involved.
4) The Progressive Insurance Company has offered its
policy limits of $25,000.00 in full settlement of their insured
Timothy Becraft and that company.
5) Mr. Zygmunt's insurer, Allstate Insurance with offices
at Gateway Corp. Ctr., 6345 Flank Drive, Suite 1000, Harrisburg,
Pennsylvania, 17112, has given their approval for said settlement
with the understanding that Under insured Motorists benefits,
pursuant to the said Allstate Policy are reserved for negotiation
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and arbitration, if necessary.
6) Mr, Zyqmunt's Last will and Testament, a copy of which
is attached hereto and incorporated herein by reference, provided
that his wife, Kathryn, should she survive, receive his entire
estate,
7) Mr, and Mrs. Zyqmunt had three children durinq their
marriaqe all currently emancipated adults. Mr, Zyqmunt had no
other children or other potential heirs and the Plaintiff/
Petitioner is the only person entitled to damaqes pursuant to Pa,
R.C,P. !i 2205.
WHEREFORE, Plaintiff/Petitioner respectfully requests that
the Court approve the settlement herein between the Estate of
stanley J. Zyqmunt and the Proqressive Insurance Company and
their insured Timothy Becraft
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
BY:
~~
Robert L. O'Brien, Esquire
I.D. . 28351
Attorney for the Plaintiff/
Petitioner
17 West South Street
Carlisle, PA 17013
(717) 249-6873
II
I verify that the statements made in the foregoing
petition for Settlement are true and correct, I understand that
false statements herein are made subject to the penalties of 18
Pa, c,s. section 4904, relating to unsworn falsification to
authorities.
~7Z~ '"h1, ~,. ...;7:
KAT YN M, ZY MUNT
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AND NOW this
1:1~ day of ~....r
, 1996, after review
J.
ESTATE OF STANLEY J. ZYGMUNT
by his Executrix, Kathryn M.
Zygmunt and KATHRYN M.
ZYGMUNT, individually,
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO 95-3375 CIVIL TERM
v.
TIMOTHY BECRAFT,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
of the Petition for Settlement and it appearing that Kathryn M.
Zygmunt is the sole heir at law of Stanley J. Zygmunt, deceased,
approval for the Plaintiff Kathryn M. Zygmunt individually and as
Executrix of the Estate of Stanley J. Zygmunt to settle and
release the Allstate Insurance Company is granted.
BY THE COURT,
4~
ESTATE OF STANLF.Y J. ZYGMUNT
by his Executrix, Kathryn M,
Zygmunt and KATHRYN M.
ZYGMUNT, individually,
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3375 CIVIL TERM
v,
TIMOTHY BECRAFT,
Defendant
CIVIL ACTION - LAW
PETITION FOR SETTLEMENT
1) Petitioner is Robert L. O'Brien, Esquire, attorney
Estate of Stanley J, Zygmunt, Estate No, 1994-0l064, Cumberland
County.
2) The Respondent is Allstate Insurance Company with
offices at 6345 Flank Drive, Suite 1000, Harrisburg,
Pennsylvania, l7ll2,
3) Stanley J. Zygmunt died in an auto accident in which
Mr. Zygmunt's auto, insured by Allstate Insurance Company, was
involved. Allstate provided underinsurance benefits in its
pOlicies with Mr. Zygmunt.
4) The Progressive Insurance Company has offered its
policy limits of $25,000,00 in full settlement of their insured
Timothy Becraft and that company,
5) Allstate Insurance Company and the Plaintiff have
agreed to a settlement of the underinsurance benefits in the sum
of $75,000,00.
6) Mr, Zygmunt's Last Will and Testament, a copy of which
is attached hereto and incorporated herein by reference, provided
,
that his wife, Kathryn, should she survive, receive his entire
estate.
7) Mr. and Mrs. Zygmunt had three children during their
marriage all currently emancipated adults, Mr. Zygmunt had no
other children or other potential heirs and the Plaintiff is the
only person entitled to damages pursuant to Pa, R,C.P, ~ 2205.
WHEREFORE, Petitioner respectfully requests that the Court
approve the settlement herein between the Estate of Stanley J.
Zygmunt and the Allstate Insurance Company.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
BY:
-=-~L6,.....
Robert L. O'Brien, Esquire
I. D. II 2835l
Attorney for the Plaintiff
17 West South Street
Carlisle, PA 17013
(717) 249-6873
I verify that the statements made in the foregoing
Petition for Settlement are true and correct. I understand that
false statements herein are made subject to the penalties of lB
Pa, C.S. Section 4904, relating to unsworn falsification to
author! ties,
~~~
ROBERT L. O'BRIEN, ESQUIRE
Date:
ALLSTATE INSURAIlCE calPAIft
(berelnafter referred to as Allstate)
CLAIM NO, 1551805748-827
RECEIPr AIlD RELEASE UHDER
UlfDERIJlSURED MaI'ORIST IISURA1lCE ---COVERAGE SO
SUBROGATION AGREDlEMT
I, In consIderation of tbe paYlent of SEVENTY FIVE THOUSAND JIOLLAR ($75,000,00) paid by Allstate,
tbe receipt of which is bereby acknowledged, the undersigned hereby forever releases and discharqes
Allstate frol any and all liability and frol any and all contractual obligations whatsoever under
tbe coverage designated above for Policy No, 008629921 issued to STANLEY J ZYCHDNT by Allstate, and
arisill9 out of bodily injuries sustained by The Estate of stanley Zygaunt due to an accident on or
about the 26TH DAY of October, 1994,
2, The undersigned bereby assigns, transfers and sets over to Allstate any and all cIaias or causes
of action for bodily injury which tbe undersigned now has, or laY bereafter have, to recover against
any person or persons as tbe result of said accident and loss above stated to tbe extent of tbe
payaant above lade; tbe undersigned agreestbat Allstate laY enforce tbe &ale in such aanner as shall
be necessary or appropriate for the use and benefit of Allstate, eitber in its own naae or in the
nue of tbe undersigned; tbat tbe undersigned will furnish such papers, inforaatlon or evidence as
shall be within the undersigned's possession or control for tbe purpose of enforcill9 such clail,
deland or cause of action; tbat tbe undersigned will do whatever else is necessary to secure such
rights of recovery on bebelf of Allstate and do nothill9 after loss to prejudice thel; and
3. "8 UR~8r8i9Rad DO~eft~ \hat 18 1010180 Of sottle.cnt ef any 8ush alail, dtJand ~t 8lUS9 ~~
letlen bel .een ~.
IN WImss WBERfDF I have hereunto set IY hand this '2.th day of R.. Y'~' 1996,
t~"Z."Jin 't-Jl-nL"~
Witnesses:
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LAST WILL AND TESTAMENT
OF
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S~ANLEY J, ZYGMUNT
I, STANLEY J, ZYGMUNT, of Cumberland County,
Pe~nsylvania, being of sound mind, memory and understanding, do
hereby make, publish and declare this as and for my Last Will and
Testament, hereby revoking all other wills and codicils
heretofore made by me,
FIRST
I d~rect the payment of my debts and the expenses of my
last illness and funeral from my estate as soon after my death as
conveniently ~ay be done, If there be no cemetery lot available
for my interment, owned by me at the time of my death, I
authorize my personal representative to purchase such cemetery
lot with a contract for perpetual care, using therefor funds from
my estate, and I authorize my personal representative to cause
title to or ownership of such lot so purchased to be vested in
such person as my personal representative shall designate.
Further, in this connection, I authorize my personal
representative to expend funds from my estate, in such amount as
my personal representative shall consider necessary and
desirable, for the purchase, erection and inscription of a
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I suitable marker for my grave, I direct my personal
I' representative to provide a modest funeral for me.
,
DAVID'S share shall be divided equally between his
~ sons, BRIAN and IAN,
~!" KENNETH'S share shall be divided equally between my
~l}Jlll grandchildren, BRIAN, IAN and KEVIN.
FOURTH
In the event I am. not so survived by my said wife,
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SECOND
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I give, devise and bequeath my entire estate of
whatever nature and wherever situate to my wife, KATHRYN M.
ZYGMUNT, if she shall survive me by thirty (30) days. In the
event my wife, KATHRYN, predeceases me or fails to survive me by
thirty (30) days, then I give, devise and bequeath the rest,
residue and remainder of my estate of whatever nature and
wherever situate to my children, KENNETH S. ZYGMUNT, JAMES E.
ZYGMUNT and DAVID B. ZYGMUNT, in equal shares.
THIRD
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In ~he event I am predeceased by one or more of my
children, then that portion of my estate that would have passed
to the child shall be divided as follows:
JAMES' share shall be divided equally between his wife,
SHIRLEY and his son, KEVIN.
KATHRYN, and a portion of my estate passes to an heir under the
age of twenty-five (25), then that portion of my estate passing
,I to the heir shall be placed with CCNB, of Mt. Holly Springs,
,
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Cumberland County, Pennsylvania, as TRUSTEE, under the following
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conditions:
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1. ~y ~=~stee shall pay principal and income to or for
the benefit 0: the heir during his or her life as my Trustee,
from time to ~ime, shall deem advisable for the health,
,I maintenance, suppor~ and complete educaeion of such heir and the
members of his or her immediate family. In addition, my Trustee
in his sole discretion may advance principal to said beneficiary
against the fractional shares to be advanced hereunder for the
costs of marriage, or the purchasing of a home or costs of
entering a business or profession if my said Trustee shall deem
such expense reasonably prudent.
2, Noe.....i~hseanding the foregoing provisions, after
~ attainment of e,.,eney-one (2l) years, each child may withdraw one-
half (1/2) of the principal of his or her trust valued as of said
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"~: prior to age twenty-five 125) then my Trustee shall distribute
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:~I any remaining principal and interest in such proportions and
~ conditions to such trusts and conditions, as such beneficiary
:: shall appoint by specific reference to this power in his or her
II will, or if such power is not exercised in full, the unappointed
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birthday or the daee of division into shares, if later; and after
attaining age twenty-five 125) years, each child may withdraw the
'remainder of said principal and undistributed income.
3,
In the event of the death of a trust beneficiary
principal shall be distributed to his or her issue, per stirpes,
or in default of such issue, to my issue, per stirpes; provided,
I however, any portion of such principal, which would be
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:1 distributed to any beneficiary for whom a trust is then held
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i! hereunder, shall be added to such ,::,ust,
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4, Should the principal of any t:,ust herein provided
for be or become too small in my T:,ustee's discretion to make
establisruments or continuance of the trust advisable, my Trustee
may distribute the remaining principal and any accumulated or
undistributed income outright to the beneficiaries in the
proportions to which they are then entitled to. The receipts and
releases of the distributees will terminate absolutely the rights
of all persons who might othe~~ise have future interest in the
trust, whether vested or contingent, without notice to them and
without the necessity of filing an account with the court.
FIFTH
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I direct that no trustee, executrix, guardian or other
Testament shall be required to post any bond or give any security
of any type for my purpose whatsoever, any law or rule of the
court of the Commonwealth of Pennsylvania or any other
jurisdiction to the contrary notwithstanding.
SIXTH
My executrix and trustee shall have the following
powers in addition to those vested in them by law and by other
provisions of this will, applicable to all property, real,
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'! personal or mixed and wheresoever situate, including property
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held for minors, whether principal or income, exercisable without
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II court approval, and effective, with respect to each item of said
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property unti~ actual distribution thereof.
A) ~o retain, as investments of my estate or trust,
any or all assets 0: my estate, real, personal, or mixed, without
regard to any principal of diversification, and to purchase and
acquire real or personal property and to hold any or all of such
real and personal property retained or acquired without making
the same productive of income.
B) To permit the chi~dren, or any of them, to occupy
any real estate retained or acquired upon such terms and
conditions as my trustee shall deem proper.
C) To pay all taxes, charges and expenses of
maintenance, upkeep, improvements, development, protection,
preservation and investment of any retained or acquired real or
personal property, such payments to be made from either principal
or income as my trustee shall determine.
D) To retain or invest any and all funds, whether
principal or income, in any real or personal property without
restriction to legal investments; to purchase investments at
premiums; to exercise all rights of a security holder or share
holder in any corporation; and to lease, mortgage, pledge, give
options upon or sell at public or private sale and without
approval of any court, any real or personal property, or portion
or portions thereof, irrespective of the manner or the means by
which the same was acquired by my said trustee.
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I: in cash, kind or par<:ly in cash and partly in kind, at valuations
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To make payment or distribution herein provided for
, fixed by my <:r~stee at the time of distribution.
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SEVENTH
Any and all payment or payments of any sum or sums,
whether in cash or in kind and whether for principal or income,
payable to the said children, or any of them, shall be made upon
the sole receipt of the respective individual to whom the payment
is made, and free from anticipation, alienation, assignment,
attachment, and pledge, and free from control by the creditors of
any such beneficiary, All shares of principal and income herein
given shall be free from anticipation, assignment, pledge, or
obligations of any beneficiary and shall not be subject to any
execution or at<:achment.
EIGHTH
I appoint my wife, KATHRYN, Executrix of this my Last
Will and Testament. Should my said Executrix fail to survive me
or for any reason fail to qualify as Executrix, then I appoint my
sons, KENNETH, JAMES and DAVID, of Pennsylvania, Co-Executors of
this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, consisting of eight (S)
'I typewritten pages, the first six (61 of which bear my signature
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in the margin for the purpose of identification, this
Z-Is:r
day of
vVlo-r-c:k
, 1994,
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,/ ;$T~JfY J, ZYGMUNT
(SEAL)
Signed, sealed, published and declared by the above
named testator, STANLEY J, ZYGMUNT, as and for his Last Will and
Testament, in the 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.
n ADDRESS
ADDRESS 1'1 ("" I" ()", Vt:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS,
We, STA.~:~Y J, ZYGMUNT,
(7~x..)~~ .J.~~ ('h ~- ~\
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and
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, the testator
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 testator
signed and executed the instrument of his Last Will and
Testament, and tha~ he signed willingly and tha~ he executed as
his free and volun~ary act for the purposes therein expressed,
and that each of the witnesses, in the presence and hearing of
~he testa~or, signed the Will as witnesses, and that to the best
of their knowledge, the testator was at the time eighteen (l8)
years of age or older, of sound mind and under no constraint or
undue influence.
Sworn to and subscribed before me this
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day
of
l/'la-<.d-
, 1994
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