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HomeMy WebLinkAbout05-18-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA , Estate of Josephine N. Leo also known as File NumberOlI-{)l-tY-l~1 , Deceased Social Security Number 193-12-8255 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) Ii] A. Probate and Grant of Letters Testamentary and aver that Petitione~ is / ~the Executor last Will of the Decedent dated April 21, 1988 ana 18aieil(s)siM8 named in the (Stale 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 instnnnent(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 (Ifapplicable, enter: c.t,a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritale) 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 Resi~ce, c,~ '._,'-~g ~ - ~,:~ ~;,~: ~ ',; I . ) ---I co (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. ., ,.-:.S ~~~2\ -c County, Pennsylvania with hiW her last principal resi~e at :.-\ ~.. Decedent was domiciled at death in Cumberland 1301 Brandt Avenue. New Cumberland. PA 17070 (List street address, town/city, township, county, state, zip code) D N (J'\ ;-\ Decedent, then 83 years of age, died on April 10, 2007 at Hershey Medical Center, Dauphin County, PA 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 $ 20, 1::)00. ~o $ $ $ situated as follows: Wherefore, Petitioner{s) respectfully request(s) the probate of the last WiI\- ,~ fli~ presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T or rinted name and residence Albert F. Leo - 161 Ridings Way, Lancaster, PA 17601 Form RW-02 rev, 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND '- The Petitioner~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 of Petitione~ and that, as personal representative~ of the Decedent, Petitione~ will well and truly admin;m,the"....acconUngtolaw. '-~_. ije~ Sworn to or affinn~and subscribed ~ _ _ _ '---CJ . U Signature ~e vna epresentative before me the \ day of Signature of Personal Representative I~........ off"- R_..._ File Number: ~ \ ' 01- 04 q q (") Go .,~~C) , Deceased:': F" .~/~ 5; r'-""..'" ~ --J - _~b ""'!""";'''' ~.: ,,' I .) Estate of Josephine N. Leo CJ:J Social Security Number: 193-12-8255 Date of Death: April 10, 2007 '.-) C :;: ",' .." Jh AND NOW, ffi~ J. I , ~o.C)1 , in consideration of the foregoing petition,,~sfactorf.jroof having been presented before e, IT IS DECREED that Letters ~ ~-\:..(~.:N"\.C=: ~~ '\\. ~ . .... ';;? are hereby granted to in the above estate and that the instrument(s) dated ~\ ~ ~ leD described in the Petition be admitted to probate and filed of record as the last Will FEES Letters ............... $-LP I) . 60 Short Certificate(s) g ... $ ~eL. Co Renunciation(s) .......... $ Y<''- ~\ . .. $ 15": ()1) ~ ... $(0.0() 1~\5Y\ ... $ s-, aV . .. $ ... $ ...$ ...$ ... $ .. . $ TOTAL ....... .. . .. .. $ I cJ.;). . 0'0 of Decedent. Attorney Signature: Attorney Name: Richard E. Connell, Esquire Supreme Court I.D. No.: 21542 Address: Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 Telephone: 717-232-8731 Form RW-02 rev. 10.13.06 Page 2 of2 1105.805 REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is Illegal to duplicate this copy by photostat or photograph. No. Fee for this certificate, $6.00 p 13510181 l\. -\ \ - (:) 7 Date o ~~C) f<) C~) C..;;;l -oJ . , -;;: co " -1..". Hl"'44_'_ TYPE I PAM II - lUl:lllNK 1._.._lF...-......**I JOSEPHINE NICOTERA LEO .... 0.0.......,1 COMMONWEALTH OF PENNSYLVAHIA . DEPARTMENT OF HEALTH. VITAL RECORDS CORONER'S CERnFICATE OF DEATH (See In.truc:UcIM .1Id . on 1WWf'M) 2. so. I. SocjIIJIpIr_ l~j _ 12 Y... ..-...... July 14, 1923 1IllI_. .,,:},"] .1 STAtt FI..E~ 4._"'-~1OIII 8255 April 10, 2007 i'V 83 Steelton,PA 0-. SpIcIy. 10. __......-. YHo.*- l~ White .. CaunIr"'- DauphIn II._.~ _Ill 11I00...._ ....._ JM......../lpIflr Salesperson eta~! ~!otn~ng S ''m''mr;rrl~~'--'zip-) . New OJrnberland, PA 17070 Id.FdIy_II...._..._....-} Hershey Medical Center 12.w..__i1... U.s._"-? esO.,., [JHo --, __ 1""_ II". CaunIr 13.__ er2 SocondIIy (0-121 PA CUMBERIAND 1lId_ IM.a -." I7c.OYol._lMdll .74 [J...._lMd_ _U.oI New Cunber land "'" Cllr/e. 'l F...._~-......doI Joseph Nicotera ~~"T~~ 11.__(FIr1I.-'_JlII-.} An elina Lewis 2llb.JlMIoI'l......-~./IoI!- .."""" !bl Kidings Way, Lancaster, 21c._oIlliIpooIIaol\lnlol_~.-1iIIOII :::'=-"":':="'-0.,.,0110 April 14, 2007 Rolling Green Cemetery p_lICliIg.~ .I"l . Z2c._IIllI_oIFdIy ~"-nv.."...J ;JA/. WIEDEMAN FUNERAL OOME, 357 S 2nd St 23L ro...bllloI""......__..................._.__...*1 231t. L-._ PA 17601 w ~ 214"-1CIr/_ _,."""" Camp Hill, PA 17011 Steel ton PA 17113 23< -,.....1........101II Dloo"(or.._oI): I .......- I OnIIItD De.- I , I I I I I I . I I I , , I . 2I._c.._.._~lc-...._ONr_~.._' IXI-- 0... l'ooIItEtlor__........~..- aOlll_lllaC:OOO"..-., "'....__...-...._......l'ooIL 0 -- 0"""" ~No 0- 21.'_ [JIIII-.--...."" 0'-".......- D .--....__42_ ol- D .--''''_407_''''''' -- 0_.__......."" "'_flllItooY:-'F_-'~ H~"""""~ _.-oIio1IIY\SIIoIl.rilltl__ 301 Bra t Avenue, New Cumberland, PA ___"'_IIr_ ....-- 25.011o _0IId.-. ",,) 06:58 PM. April 10, 2007 . CAllIE Of DEATll Ie.......- _ 0_100. _21.l'ooIt _..~__.irjoIlII........--...~_.._IlONOT____.__ .....-.r ....,.. - - _-...-.,. .....,..._Pl_.... 2<. nnofllllollh :.-:.==-::. L Traumatic Brain Injury Dloo..p.._oll' ;:;::="'_1"", .. ............. _ ..lIl111UlIIIllAUII =-..:.=..,.,. b. Dloo..'...._oll: c. d. 0- IXIIlI 324 r...oIio1IIY OYoo Olio ~1._oI_ 0- 0- ~- 0......1owIIlIgolIan 0- OCMINlt........ 3b. 011o 01 -.., \IIlloIIt. *Y.,-I April 3. 2007 - -..Ao*(IIr - 311I. _~"..... --"CoalpIofiIn oICIilIIfII_ 9:50 A II. I ~ I _COIIllot_...,. . =:=-...::::-~~:.':"..~_-:::.':~~~.::~~~___.______.______ 0 PaoItt J. Gwtler. CIlIeIOIpUIy . ..-............ ...-\ftlI*IIo"""____- _CIIIIIIOt.._fII.., l3l. - .....(lloolo.*Y.,-I To.._oI..,-..__....___.....IIllI.........--C....._.___________________ 0 April 11 2007 . ............, c-- . 1lo..._.._..,........-Iot.,........__.....-._.......-.......CIlIIOCoI..._..-. 1KI 34._..._oI__~CIilIIol_...2?) TjpII_ P8Ity J. Gelber .-- I ~ I .;u ~ ..11~ I 31.011o"=:-::,-1 ~~Ulh ::I~~tr:: ~_No. () I LAST WILL AND TESTAMENT OF JOSEPHINE N. LEO I, Josephine N. Leo, of New Cumberland, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking any and all prior Wills and all Codicils made by me at any time heretofore. ITEM 1. I direct that all my legally valid debts, funeral and ad.ministration expenses, and inheritance and estate taxes incurred n represenlii~ves ~.~ ~I T:G >-) C::::J C-"? --' on account of my death shall be paid by my personal -< out of my residuary estate as soon after my death as practicable. , -- \ co .....>-0..... ITEM 2. I give, devise and bequeath the following items of pers~4. .. ~.~ -c.' property unto my children as follows: i'"5? t') C , \ A. To my daughter, Marianne L. Brunner, the following: Platinum diamond ring, original wedding band, white gold ring, Grandma's gold bracelet, sterling flatware service for eight, gold earrings, gold ::::::bl:i:::: .:~1:e:lv::.::.y~:J7;~ ~, B. To my son, Albert F. LeO~0110Wing: Grand~n '4J"iJ. ' Lf) with diamond, Grandpop's initial gold ring, silver Lady Hamilton watch, t7~ ~~ silver tea silver two silver casseroles, silver centerpiece with candle holders, pewter vase and candle holders, granfather clock, pearl earrings, diamond wedding band, charm bracelet, plain wedding band, gold dinner ring and Grandmother IS ring. I give, devise and bequeath all the rest, residue and remainder of my estate, of every nature and wherever situated to my husband, Albert A. Leo, provided that he survives me by a period of four (4) months. Should he not be living on the first (1st) day after the four (4) month period of my death, then I give, devise and bequeath all the rest, residue and remainder of my estate unto my children, Albert F. Leo and Marianne L. Brunner in equal shares. In the event that either of my children are deceased at the end of the four (4) month period as stated above, that child's share shall go to his or her then living children. In the event that there are no living children of my children at the time of distribution, my child's share shall go to the remaining brother or sister as the case may be. ITEM 3 . In the event any person entitled to take under this, my Last Will and Testament, shall not have attained the age of twenty-one (21) years at the time of my death, then I direct such person's share be payable to CCNB, N.A., of New Cumberland, Pennsylvania or any successor bank, as Trustee, for the following purposes and uses: A. The Trustee shall collect all assets of my estate, as well as all proceeds from any insurance policies to which said person or Page Two of Five Pages /)~ /f~ persons are entitled, and shall create a separate trust for each such person who has not attained the age of twenty-one (21) years, as aforesaid. All the terms and provisions herein concerning trust estates shall be applicable to each such separate trust so created. B. The Trustee shall hold, manage, invest and reinvest said property and collect the income therefrom. The Trustee shall, in its sound fiduciary discretion, make payments from either principal or income, to or on behalf of the beneficiary of any said trust for the purpose of providing for the welfare, support, education and maintenance of said beneficiary during the term of said trust. When said beneficiary attains the age of twenty-four (24) years, the Trustee shall pay over one-third (1/3) of the amount of the trust; and when said beneficiary attains the age of twenty-seven (27) years, the Trustee shall pay over one-third (1/3) the amount of the trust; and when the said beneficiary attains the age of thirty (30) years, the Trustee shall pay over the remaining one-third (1/3) of the trust, and said trust shall terminate, free and clear of all trust provisions. c. In no event, however, shall payment be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. ITEM 4. No interest of any beneficiary under this Will or any Codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. Page Three of Five Pages fl~/7~ seph' eN. Leo ~ ITEM 5. My Executor/Executrix acting hereunder shall have the following powers in addition to those vested in him/her/them by law and by other provisions of this Willt applicable to all property, real, personal and mixed and wheresoever situated t including property held for minorst whether principal or income, exercisable without court approval and effective with respect to each item of said property, until actual distribution: A. To retain as investments of my estate, any or all of my estate, real or personal or mixed, without regard to any principal of diversification, and to hold any or all of such real and personal property retained or acquired without making the same productive of income; B. To pay all taxest charges and expenses of maintenancet upkeept improvement, development, protectiont preservation and investment of any retained or acquired real or personal property t such payments to be made from either principal or income as my said Executor/Executrix shall determine; c. To retain or invest any and all funds, whether principal or income, in any real or personal propertYt without restrictions to legal investments; D. To purchase investments at premiums; to exercise all rights of a security holder or shareholder in any corporation; and to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court and without any responsibility to Page Four of Five Pages ~~ ///~ Ysephi N. Leo v the buyer or buyers to see to the application of the purchase price, 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 Executor/Executrix; E. To make any payment or distribution herein provided for in cash or in kind, or partly in cash and partly in kind, at valuations fixed by my Executor/Executrix at the time of distribution. ITEM 6. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. ITEM 7. I nominate, constitute and appoint my husband, Albert A. Leo, as Executor of this, my Last Will and Testament. If my husband, Albert A. Leo, does not act or continue to act as my Executor, then I nominate, constitute and appoint my son, Albert F. Leo, as Executor of this, my Last Will and Testament. In the event either of the above named, Executors, do not qualify as Executor, I name the following individuals in the order set forth herein to act as Executrix/Executor: My daughter, Marianne L. Brunner, or my brother, Ernest Nicotera. IN WITNESS WHEREOF, 1 set my and Testament, this ~ day of ea1 to this, my Last Will , 1988. Page Five of Five Pages {2~ /~ The preceding typewritten pages, instrument, consisting of this and five (5) other signed at the bottom of each page for security the date thereof signed, pub li shed and dec lared by purposes, was on Josephine N. Leo, the Testatrix herein named, as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses whereof. . . COMMONWEAL~~~ .P;:FSYLVANIA COUNTY OF ~~ I, Josephine N. Leo, the Testatrix 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; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed a:J:: acknowledged Leo, the Testatrix, this ~ day of re me by Josephine N. , 1988. ~ · ~<-'-z~ ,/PJ>l N. Leo ~~ NOTARY PUBLIC JEAN l. MORIN, Notary Public Harrisburg, Dauphin County, Pa. My Commlssion Expires Sept. 16, 1991 ~ SJ / . h&') . .. . . COMMONWEAL~lO:J.' P~;E}N;~_;.SYL ~VANIA COUNTY OF 1~l.U J...I we.~~ )~ witnesses whose names are signed to and ~\MhJ 4.)l/i/J~ the the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to C)iJ)~I~ an". ~1.1/;1V/a JIAI day of f1tvU-l ' 1988. before me by witnesses, this 1~~/;1 .~1/~ Witness ~~.~ NOTARY PUBLIC JEAN L. MORIN, Notary Public' Harrisburg, Dauphin County, Plio . ~yCommission Expirea Sept. 16, 1991"