HomeMy WebLinkAbout01-24-07
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PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF (}uM8F-e'-RItJD
COUNTY, PENNSYL VANIA
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Estate of JOSEPH 1- .L..17W/At/
also known as WSISPH r "'-'TINIAI ...Ltl//^,~c./.S"-
. Deceased
File Number 2. 1- 0(- cg-.3
Social Security Number /9~ -I ~ - (J 7 :l7
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is I are the $ flSouA L HfLJ€S'IFA/TAT~ named in the
last Will of the Decedent dated /-" - 07 and codicil(s) dated
(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 instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Decedent, then 8 S
years of age, died on J -I g - 07 at
Residence
Name
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(COMPLETE IN AU CASES:) Att4ch _.aI.he'" If nec....'Y. '.:7~ ~
Decedent was domiciled at death in CuI186et./MI. County, Pennsylvania with his I her last principal r~sl~t
II" AI: .;lAID ST1tICr&T tl./OICHJ.JiY..s; (.IItG . 0:'::' .;.
(List street address, town/city. township. county, state, zip code)
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Decedent at death owned property with estimated values as follows:
(If domiciled in P A) 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:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
T ed or rinted name and residence
cU4..
GE'OIf"G€ tU. &'1I/AJG'/lI2~
?Oa AI. Ol.AJD .57"KF-~T
WOR,<<flt!YS8(,1tf!(;: t;{. /70Y3
Form RW-02 rev_ 10./3.06
Page 1 of2
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
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Signature of Personal Representative
Signature of Personal Representative
Social Security Number:
, Deceased
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~odl . in consideration of the foregoing Petition, satisfactory proof
having been presented fore lIje11T I DECREED that ~~~~ . _1::~-r~VV\t n TQ. rl.t
are hereby granted to \ ~JAL~ lA) ~~_""' I
and that the instrument(s) dated J - Y - 0 'l
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES lkl1uvJ~lAl_~J~
L{ S- 00 Register of Wills
Letters ............... $ ~
Short Certificate(s) .... .... $..-)2.'-I./JO Attorney Signature:
Renunciation(s) .......... $
0CP . .., $/0' (5l)
l A)~ t\ .. . $ I s-. Lb
G J. +~-t':(DIY\ ... $ b~(D
... $
... $
. .. $
...$
.. . $
... $ q
TOTAL .............. $ q - 00
AND NOW,
in the above estate
Attorney Name:
Supreme Court LD. No.:
Address:
Telephone:
Form RW-02 rev. 10.13.06
Page 2 of2
1.80S ~. I~ . at the information here given is correctly copied from an original certificate of death duly. filed with me as
~~S;~;:.:r~ ~e original certificate will be forwarded to the State Vital Records Office for permanent filmg.
WARNING: It Is Illegal to duplicate this copy by photostat or photograph.
No.
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. Local Registrar .
Fee for this certificate, $6.00
p
13216088
t~'<4r ~ ~ ~7
Date
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FERIINIBIT
IUQ(tI(
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~TH OF PENNSYLVANIA. DEPARTIIENt OF HEALTH. VITAL RECORDS
CERTlFICATEOFDEATH
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PA 17109
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Last Will
of
JOSEPH T. LITWIN
I, JOSEPH T. LITWIN, the Testator, a resident of Dauphin County, Pennsylvania, declare that
this is my Last Will. I hereby revoke all my previous wills and codicils.
Article One
Introductory Provisions
Section 1. Marital Status
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I am not married.
Section 2. Children
a. My Children:
My son, JOSEPH PAUL LITWIN, born on December 3, 1946, died on February 16,
2000.
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Article Two
Appointment of My Personal Representatives
Section 1. Nomination of My Personal Representatives
I appoint the following to be my Personal Representative(s) in the order of priority in which their
names appear:
GEORGE SHINGARA; THEN
TOM REED
If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve,
the next successor Personal Representative(s) shall serve in the order of priority listed until the
list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving,
the next named successor Personal Representative shall serve only after all of the Co-Personal
Representatives cease to act as Personal Representatives.
Section 2. Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in this Last
Will.
Section 3. General Powers
My Personal Representative shall have full authority to administer my estate under the laws of
the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal
Representative shall have the power to administer my estate under the Pennsylvania Probate,
Estates and Fiduciaries Code.
Article Three
Disposition of My Property
Section 1. Estate Planning Letter or Memorandum
To the extent pennitted by state law and not necessary to fully utilize my Unused Applicable
Credit Equivalent, my Personal Representative shall distribute such of my personal or household
items to such persons as I may direct by a written instrument signed by me and delivered to my
Personal Representative.
Section 2. Distribution to My Revocable Living Trust
I give all the rest, residue and remainder of my property of whatever nature and kind and
wherever located to the then acting Trustee(s) of my revocable living trust of which I am a
Trustor known as the:
JOSEPH T. LITWIN LIVING TRUST,
dated April 29, 1998, and any amendments thereto
I executed said revocable living trust prior to the execution of this Last Will.
Section 3. Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute my
property as a testamentary trust the provisions of which are identical to those of my revocable
living trust on the date of execution of this Last Will, or as thereafter amended.
Article Four
Death Taxes
Section 1. Definition of Death Taxes
The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reason of the decedent's death, including penalties and interest, but
excluding the following:
a. Any additional to the federal estate tax for any "excess retirement accumulation"
under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code Section
2032A or 2057; and
c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term
is defined in the federal tax laws, unless the applicable tax statutes provide that
the Generation Skipping Transfer Tax is payable directly out of the assets of my
gross estate.
Section 2. Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to
property inventoried in my probate estate shall be paid by the Trustee from my Trust. However,
if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to
pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot
be paid by my Trustee from the assets of my probate estate by equitably prorating and
apportioning those taxes among the beneficiaries of this will.
Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets
being transferred outside of my Trust or probate estate shall be assessed against those persons
receiving such property.
Article Five
General Provisions
Section 1. No Contest Clause
If any person or entity singularly or in conjunction with any other person or entity, directly or
indirectly, contests in any court the validity of this Last Will including any codicils thereto, then
the right of that person or entity to take any interest in my estate shall cease and the demise of
that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine.
Section 2. Captions
The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of
reference only and shall have no significance in the construction or interpretation of this Last
Will.
Section 3. Severability
Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity
shall not affect any of the other provisions of this will and all invalid provisions shall be wholly
disregarded in interpreting this Last Will.
Section 4. Governing Law
This Last Will shall be construed, regulated and governed by and in accordance with the laws of
the Commonwealth of Pennsylvania.
I signed this, my Last Will, on
JAN 4 - 2007
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JOSEPH T. LITWIN
ATTESTATION CLAUSE
On this -.JAN 4 - 2007 . JOSEPH T. LITWIN, Testator, personally Published and
Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of
each ofus and all ofus together, who, at his request, in his presence, and in the presence of each
other, also signed the said instrument as witnesses. We further state that each of us believes that
at the time he executed the foregoing instrument he was of sound mind and memory, of lawful
age, and did so execute it as his own free act and deed and not under the constraint or undue
influence of any person.
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Street Address
(lUdJ/e/t;uJl1l/J-17~7
City, State, Zip
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Itness
Street Address
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ity, Stat ip
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF DAUPHIN
.\ We, JOSEPH T. LITWIN, b-eo:J1a.VlntiJ cYU.::J/e. and
lXJJIS( J.j lo,J b , the Testator and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being duly first sworn, do hereby
declare to the undersigned authority that we were present and saw the Testator sign and execute
the foregoing instrument as his Last Will; that the Testator signed it willingly, or directed another
to sign it for the Testator, that it was executed as his free and voluntary act for the purposes
therein expressed; that each subscribing witness in the presence and hearing of the Testator
signed the Last Will as a witness; and that to the best of our knowledge the Testator was at the
time of sound mind and memory, of lawful age, and under no constraint or undue influence.
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Witness
SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by
ASEPH T. LITWIN, the Testator, and Q~:!!J"'f)Y1<1.". T (]~~j Le. and
~J.l ri. 11 ~ ,.J 6 , the witnesses, on this JAM 4 - 2007
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No PublIc
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Unda L Fetterhoff. Notary Public
Deny Twp.. Dauphin County
My commission Expires Nov. 8. 2007
Member, Pennsylvania Association Of Notaries