HomeMy WebLinkAbout02-23-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of
EUGENE W. LaROCCA
File Number
~I ~ D1]- 1.57
also known as
, Deceased
Social Security Number 176-32-6320
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
iii A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executors
last Will of the Decedent dated July 2,2002 and codicil(s) dated
named in the
(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.; db.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: (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.)
Name
Relationship
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
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Decedent was domiciled at death in Cumberland
170 West Pomfret Street Carlisle Penns Ivania 17013
(List street address, town/city, township, county, state, zip code)
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County, Pennsylvania with his / her last principal res~nce at
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Decedent, then 88 years of age, died on February 9, 2007
Cumberland County, Pennsylvania
at the Church of God Home, North Middleton T~ship,
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:
$
$
$
$
;;} .s-~ 0 e-o
"J J ';1 ) De "0
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 d or rinted name and residence
Eugene W. LaRocca, Jr., 415 Lincoln Street, Apartment. A, Carlisle, PA 17013
Mark D. LaRocca, 503 West North Street, Carlisle, PA 17013
Juliet N. Donnelly, 170549 Brechin Way, Manassas, VA 20901
Form RW-02 rev. 10.13.06
Page 1 of2
Of - 157
COMMONWEAL TH OF PENNSYL VANIA
Oath of Personal Representative
COUNTY OF CUMBERLAND
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 ofPetitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
y
Signature of Personal Representative
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File Number:
.t;:"
Estate of EUGENE W. LaROCCA
, Deceased
Date of Death: February 9, 2007
Social Security Number: 176-32-6320
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Eugene W. LaRocca. Jr.. Mark D. LaRocca and Juliet N. Donnelly
in the above estate
and that the instrument(s) dated July 2,2002
described in the Petition be admitted to probate and filed of record as the last Will (and
FEES
Letters
$ (,06. ~
(L)c.v
Short Certificate(s) . . . . . . .. $
Renunciation(s) .......... $
M{ . . . $
Jcf ... $
Au.-fc . .. $
I
. .. $
'" $
'" $
'" $
... $
'" $ -
TOTAL .............. $ ~.OO
~ 'fS 0.(0
I $'.OU
10. L>C.>
s.o'C
Form RW-02 rev. 10.13.06
Attorney Signature:
Attorney Name:
James D. Flower, Jr.
Supreme Court I.D. No.: 27742
Address:
26 West High Street
Carlisle, P A 17013
Telephone:
717-243-6222
Page 2 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
: SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affinn(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.
Sworn to or affinned and subscribed
b ore me the -.&3 day of
J!~oj.J1;] ~
Signatur !f Personal Representative
Signature of Personal Representative
Signature of Personal Representative
File Number: cfI / - 01007 - /57
Estate of EUqUJL N. la.focca...
Social Security Number: /7 ~ -J::l - t:,3:;lO Date of Death:
. Deceased
~hr~ 9, dCW?
AND NOW,
having been presented before me, IT IS DECREED that Letters
are hereby granted to I e oC c.~
and that the instrument(s) dated Jell( c:?,c?oo;;J
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Register of Wills
Letters ............... $
Short Certificate( s) . . . . . . . . $
Renunciation(s) .......... $
.. . $
. .. $
.. . $
.. . $
.. . $
.. . $
... $
... $
'" $
TOTAL .............. $
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
'. ). Telephone: ._
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Form RW-02 rev. 10.13.06
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Page 2 of2
J.805 REV 1/05
This is to certify that the information here given is correctly copied fro~ an original certificate of death dul~. filed with me as
Local Registrar. The original certificate will be forwarded to the State VItal Records Office for permanent fIhng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
Li;.. t:\.~b)..~~~U
Local RegIstrar
Fee for this certificate, $6.00
p
13310633
FEB 1 2 2007
Date
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H105-143 REV 1112008
TYPE 1 PmNT IN
PERMANENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions 8nd 8xamples on reverse)
STATE FILE NUMBER
88
Feb. 22, 1918
Hazleton, PA
.. o.te 01 DoaIh _. day. year)
6320 February 9, 2007
8._01__. .
7.
and_or
one
Olhe<
lib. County at 0eaItl
Bd.F_.....{H""..........glvo_and"""*l
OOllll,.SpedIy.
10. RKe:American Irdan,BI8ck,WhIt8,etc.
1-
CUnberland
Church of God Home
11.Deced8nI'1Utu11
KildofWork
Hos ital Administra or
. 18. DeoIdenl'I Nd'1g Adlhu (snet, dly I town, state, $ code)
12. Was OecedenIever in \he
U.S. Armed Fon>>a?
fJv.o ONo
_.
AcluIIResIdence 178.Sta.
17b. County
PlI
Currber1and
Old Docedonl
LNe~.
T_'
17e.O YIS, DecedenllNed in
17d.kJ ~~r-
Top.
170 West Pomfret St.
Carlisle
CllyIBoro
11-'1' M
CAUSE OF DEATH (See lnetructlon. end examples)
1t8rn27. Part I: Enilrlhemai:ull...mllll-....... injuries, or~-lh8IdJecllycaused the deattl. 00 NOT etterterminll MfiS such as carcIac 1_
IWlIpiatoIyIlftllll, orY8f'ltrlctErIblalion wiflout showir4Ilhe eIoIogy. UsI cnyonecauseon eech Ine.
="-=liI\~ . ~ M.~t;
. CkJeIo(or8&8 01): . ,y
~"'_Iany. b.
to __lIIedonllnla..
Emer tNlERLVING CAUSE Due to (or as a cx:nequence of):
=-~":...~
1.. Malhar's Namo (l'lrsI. _,..-.......)
Rose Perone
2<I>.-.__I_dtyl-........-1
503 West North St., Carlisle, Pa 17013
'j< PIaco" llisposIIon INama 01_. ......1llIy"_"""'1 "d. LocaIon ICIly ,_ _"_I
Arlington National Cemetery Arlington, VA 22211
".......andAddlaa&"FaciIly Hoffman-Roth Funeral Home & Crematory
Ca Ii 1 pa 17013
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18. Faller's.N8me(Pnt. midlIlt, IIsI, stJfftx)
Nicholas LaRocca
2Oa.lrIonnanr.NarrolTypalPrinl)
k D _ LaRocca
21._"llIIpoaltion Oc...- Ollcnalion
O 1;;1 80... 0 --- -~"'--O 0 March
difar.SpedIy. "'__''''-*1 v.o No
~ 22a. SiplIIItci (orperson acting III such)
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,,-_23a<:orIy_cBIlIylng
pt'f18Icianilnol:lYIIIIbIeatlineddlllllo
CII1IIyCBUllofdMth.
_te_,
0nseI1O Death
28. Old Tobecco Use ConbbsIe to Death?
OYas Op~
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29.nfemale:
o ""'_-posIyear
0_a1""""_
o ""'-.""'__42dayo
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o ""'-' ""'pIBgI1lVll 40 "'yo to , year
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31. MaMer of Death
tKJ- 0-
O-OPendlngI_...
Os.- OColAdNol..............,
32d. TIme ollnjury
32g.loc8tIonoflr;.y(StrelII,cllyftown,8lale)
:b,WuanAlJopsy
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AnI8bIe Prior 10 Comp6elIon
ofCauNofOellh?
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::'~==-__a1"__and_and"'Io"cauae(')andm.nn"'aIaIId..______________n_ 0 03!:'K-?z ~
On Ill.... 01 eurinItion tnd I or IrmdglUon, tn my opInk:Wl, deIIt1 OCQIrred at the 1Ime, dnt, II1d pIKe,lnd dUe to the tM*(.) and mllMlf.1 stldecL 0 34. ' ..
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LAST WILL AND TESTAMENT
OF
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EUGENE W. LaROCCA
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I, EUGENE W. LaROCCA, of 170 West Pomfret Street, CarlfSle,
l_..-~;. :'
Cumberland County, PennByivania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void any and all fermer Wills, Codicils, or writings in the
nature thereof, by me at any time heretofore made.
FIRST:
I hereby order and direct mv Executrix or Executor,
hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses
and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be
conveniently done after my death, out of my residuary estate.
SECOND: I have six children, EUGENE W. LaROCCA, JR., MARK D.
LaROCCA, JULIET N. DONNELLY, ROBERT N. LaROCCA, MARY J. STASZKO, and
LISA A. McCARREN. I wish all of my children, so far as is possible, to benefit equally
from the assets which my wife and I acquired during our lifetimes. I am mindful that my
wife left real estate to our daughter, LISA A. McCARREN, which I deem to have a value
of $140,000.00. I am also mindful that my wife and I gave funds to our daughter, JULIET
N. DONNELLY, in the approximate amount of $110,000.00 during our lifetimes. I wish
my Executor to deem these two gifts to be advancements, and that they be taken into
account by subtracting the aforesaid sums from the shares of my aforesaid children in my
estate.
. .
THIRD: Except to the extent that I have indicated that certain children
are to receive certain tangible personal property from my estate by a letter attached to
this Will, my children may choose such items of tangible personal property from my estate
as they wish, drawing lots to determine the order of choice, and each choosing one item
in turn until no more items are desired. The value of any items of personal property so
chosen, as indicated by the appraisal of my personal property, shall be utilized to adjust
and equalize the monetary values of each of the shares of my children, subject to the
advancements discussed above.
FOURTH: I give all of the rest, residue and remainder of my estate to my
children, EUGENE W. LaROCCA, JR., MARK D. LaROCCA, JULIET N. DONNELLY,
ROBERT N. LaROCCA, MARY J. ST ASZKO, and LISA A. McCARREN, in equal
shares, per stirpes, subject to reduction by the aforesaid gifts which I direct my Executors
to deem to be advancements. Should the aforesaid advancements exceed the value of
the net estate to which said child is entitled, I direct that the aforesaid child shall not
receive any funds from my estate, but neither shall she be required to pay to my estate or
to my other heirs. the amount by which the advancement exceeds said child's share of
the estate.
FIFTH: If any of my aforesaid children shall contest this Last Will
and Testament, or object to or oppose the probate thereof, or take any proceedings
before any court to annul any provision thereof, or have any provision thereof declared
void, then and in any such event, I direct that all of said child's interest under this Last
Will and Testament as a beneficiary shall cease and become void, and jf said child
shall be successful in a court of final jurisdiction, the sum of property or benefit to which
2
said child would have received under this Last Will and Testament shall be distributed
to my other children, per stirpes.
SIXTH: I have served in the Armed Forces of the United States.
Therefore, I direct my Personal Representative to consult with a legal Assistance
Attorney at the nearest military installation and with the Department of Veterans Affairs
and the Social Security Administration to ascertain if there are any benefits to which my
family members are entitled by virtue of my military service.
SEVENTH: I may leave a letter of intent with the executed copy of this
Will for the purpose of giving guidance to my Personal Representative concerning the
distribution or sale of certain items of my property. I request, but do not require, that my
Personal Representative honor my wishes therein expressed.
EIGHTH: If any beneficiary to any share of my estate which is not
subject to the provisions of any trust which may be created by this Will is at the time of
distribution of his or her share, a minor under the laws of his or her domicile, I direct
that the minor's share be converted into qualifying property and delivered to the minor's
Guardian as Custodian for the minor under the Uniform Gifts to Minors Act or the
Uniform Transfers to Minors Act as may then be in effect in either the state in which the
beneficiary or the Custodian resides, or any other state of competent jurisdiction.
A. The Uniform Gifts to Minors Act or The Uniform Transfers to Minors
Act, as may then be in effect in the state concerned, is hereby incorporated by
reference. The property affected by the Act shall be managed, held, and distributed in
accordance with the provisions of the Act.
3
. .
without inteNention of any court, except as required by law.
B. The financial custodian will seNe without bond or surety and
income transferred pursuant to this paragraph shall be a full acquittance and discharge
C. The receipt by the Custodian, for the minor, of any principal or
.. .
of my Personal Representative or Trustee, as applicable, from liability with respect to
such transfer and from further accountability for the principal or income so transferred.
LASTL Y:
I nominate, constitute and appoint my children , EUGENE W.
LaROCCA, JR., MARK D. LaROCCA and JULIET N. DONNELLY, to seNe jointly as
Co-Executors of this my Last Will and Testament. Should any of them be unable to so
seNe, the child or children remaining may so seNe with full authority. No Executor shall
be required to file bond in this or any other jurisdiction.
~~
, I have hereunto set my hand and seal this
,2002.
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Eugene W. LaRocca
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
I, EUGENE W. LaROCCA, Testator, whose name is signed to the attached
or 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 or affirm'l'l to t acknowled e
LaROCCA, the Testator, this ~A ' day of
by EUGENE W.
,2002.
.~ '\
t,..///i,........-,-1... /--" . ~
I. .. I(~. -r i I. . ,. (. .
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.1 Eugene W. LaRocca, Testator
NOTARIAL SUL
RENEE L. MURRAY, Notary Public
Carlisle Boro, Cumberland Co PA
My CommIssIon Expires December' f 3. 2005
5
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
We, James D. Flower, Jr. and Sharon Simpson ,
the witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
Testator sign and execute the instrument as his Last Will; 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 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.
. James D. Flower, Jr.
Sworn or affirmed to and subscrrbed to before me by
and
Sharon Simpson
this 2nd
day of
July
2002.
~ J\l.Y). h ....:;jlO';'''''-
Witness
NOTARIAL SEAL
RENEE L. MURRAY. Notary Public
Carlisle Boro, Cumberland Co., PA
My Commission Expires December 13. 2005
6