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Home My WebLink About10-31-07 ,", r"... IN THE COURT OF COMMON PLEAS n OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: : No. 07-0870 c.) Estate of Rosalie S. Annento, Deceased C'.) (....) w AMENDED PETITION TO APPOINT EXECUTOR AND NOW COMES, David Annento ("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 Annento ("Richard") were named Co- Executors which is attached hereto as Exhibit A. 3. Petitioner and Rosanne Fox were 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 11. 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. Renunciation for this Petition was mailed to Roseanne Fox as Substitute Co-Executrix. 10. Roseanne Fox agreed to renounce her rights as Substitute Co-Executrix which is attached hereto as Exhibit C. 11. Petitioner believes that Fredrick Richard Armento and Ralph Armento should be deemed unwilling or unable to serve as Co-Executors and Roseanne Fox should be deemed unwilling or unable to serve as Substitute Co-Executrix of the decedent's estate and Petitioner should be appointed Executor. 12. Petitioner believes and therefore avers that it is in the best interests of the estate that Fredrick Richard Armento and Ralph Armento are deemed unwilling or unable to serve as Co-Executors and Roseanne Fox be deemed unwilling or unable to serve as Co-Substitute Executrix of the decedent's estate and Petitioner should be appointed Executor. 13. 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 and Roseanne Fox as substitute executrix 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 or Substitute Co-Executrix 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, ~:::: Peter J. Russo, Esquire Attorney LD. No. 72897 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 Date: LAST Will.. AND TESTAMENT OF ROSAl IF S. ARMRNTO 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 any and all prior Wills by me at any time het'etQforemade. 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 all of my children dearly and eq.ually and it is my wish that they will all agree and ~talong wen tO~ in selectingitelils fOitheJriselves and in the sett1ementof my estate. 4. I nominate, constitute and appoint my two sons, Frederick Richard Armento and Ralph Armento, 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 Armento, 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 ~day of ~ . A.D. 1994. -:(J~ if. '0 S b Q]) ~ Lut (SEAL) ROSALIE . ARMENT Signed, sealed, published and declared by the above-,named:ROSALIE 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. ~A~C: ~Jit - [j, !-un ~ . ~~ RENUNCIATION Cumberland REGISTER OF WILLS COUNTY, PENNSYL VANIA Estate of Rosalie S. Armenta . Deceased .-----.- --~ u__ - - . .._._._~--_~..___________.__,_~._ -_____.__._n___. I. Frederick Richard Armento (Print Nt11II,) . in my capacity/relationship as ofthe 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/2.0-7 (DaI,) ~fJ~~~ (Signo/llrrl) 1686 Shiffield Drive (Street Addn:.s.s) Blue Bell. PA 60193 (D(JI, St_ 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 renunciation and certified that be or she executed the renunciation for the p stated within on this Is~ day of~ ~7 . - ~ is! ~ ,; l/TO ,~. '" " , "10 . 1', ~ '11 . ',.: ::=).1\)\. hCl:..J' :(J >-lb31~) IJp,kCL- .:Jor:;'o/{ Deputy for Register of Wills ; ; (Signature and Seal ofNollll'y or otbar ofticlal qualified to minislet' oaths. Show date of expiratfon ofNollll'y's Commission.) r.fJ:8 l.~V ~Z 1]0 LOOl Form RW-06 re"I. 10.13.06 COMMoNWEALTH OF PENNSYLVANIA NOTARIAl SEAL STEVE McGETTIGAN, Notary PubDc Hatfield Twp., Montgomery County MY Commission ExpiresAprll 20,2011 RENUNCIATION Cumberland REGISTER OF WILLS COUNTY, PENNSYL VANIA Estate of Rosalie S. Armento , Deceased I, Rosanne Fox (print Name) . in my capacity/relationship as of the above Decedent, hereby renounce the right to daughter administer the Estate of the Decedent and respectfully request that Letters be issued to David Armento ~et; {f~-f /0 I ,A'tJo 7 (Dale 332 Balsam Ct (Street Address) Schaumberg, IL 60193 (City, State, Zip) Executed in Register's OffICe Sworn to or affIrmed and subscribed be~. /1) day of. . '). r91J67 Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciati.!?..n for the P\ll'M sta d w' in on this J tI day , o .::/J['18 JtJC'iO'=', ~~:i\j\/f".1dbO >{;j31~J Deputy for Register of Wills (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) ~h :8 '"w. n7! 'w Lnnj" '-... "I If If J v- .L,_Jl..j lJu..., ~~:.~. "OFFICIAL SEAL" Carole J. Novak Notary Public, State of Illinois My Commission Exp. 0412712010 Form RW-06 rev. 10.13.06 '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: : 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: ItJbtkr ! I OJ .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: : No. 07- Estate of Rosalie S. Armento, 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, P A 60193 Rosanne Fox 332 Balsam Court Schaumberg, IL 60193 Date: I D 1;,,/..0 10 1-