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HomeMy WebLinkAbout09-24-07 o IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07- OB 10 C) c=o '-'j;g _'::-to : ;~; E~ .:../)5:-': f3~ , \.----. =:::: Estate of Rosalie S. Armento, Deceased PETITION TO APPOINT EXECUTOR AND NOW COMES, David Armento ("Petitioner") by and through his counsel, Law Offices of Peter J. Russo, P.C. and respectfully states the following in support of his Petition: 1. Petitioner is the son of ROSALIE S. ARMENTO ("decedent"), who died on July 14, 2004, Cumberland County, Pennsylvania, 2. Decedent left a will dated May 17, 2004 in which Ralph Annento ("Ralph") and Fredrick Richard Armento ("Richard") were named Co- Executors which is attached hereto as Exhibit A. 3. Petitioner was named in his mother's will as a substitute Executor. 4. Petitioner is a party in interest for the following reason: 1. Petitioner is one of the named heirs in the decedent's last will and testament and as such is entitled to a share of the decedent's estate. 5. More than three (3) years and two (2) months have expired since decedent's death and: 1. Neither of the named Co-Executors have filed for letters of testamentary r-....:> c:.::? <:::::;) -..J (/) {"T1 v ("..,) +:""' -0 :J.t en tt ii. No steps have been taken by either of the named Co -Executors to probate the decedent's estate. 6. Renunciations and Joiners for this Petition were mailed to both named Co-Executors. 7. Fredrick Richard Armento agreed to renounce his rights as Co- Executor which is attached hereto as Exhibit B. 8. Ralph Armento has not replied to Petitioner's request. 9. Petitioner believes that Fredrick Richard Armento and Ralph Armento should be deemed unwilling or unable to serve as Co-Executors of the decedent's estate and Petitioner should be appointed Executor. 10. Petitioner believes and therefore avers that it is in the best interests of the estate that Fredrick Richard Armento and Ralph Armento be deemed unwilling or unable to serve as Co-Executors of the decedent's estate and Petitioner should be appointed Executor. 11. Petitioner is willing to act as the Executor of the estate of Rosalie S. Armento. WHEREFORE, your Petitioner requests that your Court issue a Citation directed to Ralph Armento and Fredrick Richard Armento, named Co-Executors of the estate of Rosalie S. Armento, deceased, to show cause why they should not be deemed unwilling or unable to serve as Co-Executors because of their failure to perform their duties imposed by law and appoint David Armento the Executor of the Estate of Rosalie S. Armento. Respectfully Submitted, Date: 9/Po/cg- I C:-~~ Attorney I.D. No. 72897 Scott A Stein, Esquire Attorney I.D. No. 81738 Elizabeth J. Saylor, Esquire Attorney LD. No. 20013 Attorneys for Petitioner 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAST WILL AND TESTAMENT OF ROSAl.m S. ARMENTa I, ROSALIE S. ARMENTO, unremarried widow, of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void anyanci all prior Wills by me at any time hetetQfore made. 1. I direct the payment of all my just debts and funeral expenses as soon after my decease as the same can conveniently be done. 2. I give and bequeath my diamond wedding ring to my daughter ROSANNE FOX. This gift to be death tax free. 3. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath in four (4) equal shares to my beloved children, FREDERICK RICHARD ARMENTO; ROSANNE FOX; RALPH ARMENTO; and DAVID ARMENTO,~~. I love allofmy children dearly and equally and it is my wish that they will all agree and getalorig well tOgether in selecting items for themselves and in the settlement of my estate. 4. I nominate, constitute and appoint my two sons, Frederick Richard Annento and Ralph Armenta, to be the Co-Executors of this my Last Will and Testament. In the event that they both should predecease me or for any reason be unwilling or unable to act as Co-Executors, I nominate, constitute and appoint my daughter and son, Rosanne Fox and David Annento, to be Co-Executors in their place and stead. I further direct that they shall not be required to file bond or other security in the Office of the Register of Wills for the purpose of administering my Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this .J.J..IJvdayof ~ . A.D. 1994. -R...-.t'.'.- ":\ Q 11_ ...1":- (SEAL) ROSALlE .ARMENT Signed, seal~published and declared by the above-named ROSAlJE S. ARMENTO as and for her Last Will and Testament, in the presence of us, who at her requeSt and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. (!kilL! c: ~Ja ..- [J, hJ~ ')d ~~ RENUNCIATION Cumberland REGISTER OF WILLS COUNTY, PENNSYL VANIA Estate of Rosalie S. Armento . Deceased I, Frederick Richard Armenta (PrlnJ Name) _ in my capacity/relationship as of the above Decedent, hereby renounce the right to son administer the Estate of the Decedent and respectfully request that Letters be issued to David Armento fhs/20.7 (Dole) ~jJ~~i (SigntJlU1e) 1686 Shiffield Drive (Street At/tJI'eu) Blue Bell, PA 60193 (CIty. State. ZIp) Executed ill Register's Office Sworn to or affirmed and subscribed before me this day of Executed Old of Register's Office Before the undersigned personally appeared the party executing this renunoiation and certified that he or she executed the renunciation for the purpo stated within on this / SM/ day of . ~7 . IlP),lf.- ~(:;'oll Deputy for Register of Wills (Signature Bnd Seal ofNouuy or otheraft1ckd qWl1i6ed to administer oaths. Show date of expinltloft of'Nomrys Commission.) Form RJY..06 rev. 10.13.06 COMMo~TH OF PENNSYLVANIA NOTARIAL SEAL STEVE McGETTIGAN. Notary Public Hatfield Twp., Montgomery County MY Commission expire. Aprl120, 2011 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE: : No. 07- Estate of Rosalie S. Armento, Deceased VERIFICATION I, David Armento, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904 relating to unsworn falsification to authorities. Dated:--#J /~~(JO'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: : No. 07- Estate of Rosalie S. Annento, Deceased CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the attached Petition upon the person( s) and in the manner indicated below: Ralph Armento 2502 Warren Way Mechanicsburg, P A 17050 Fredrick Richard Armento 1686 Shiffield Drive Blue Bell, PA 60193 Date: 9!JD lor-