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HomeMy WebLinkAbout10-30-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of ROBERT A. DeSIMONE, SR. also known as File Number ::J \ - () l - g '7CS , Deceased Social Security Number 085-42-8086 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) Ii] . A. Probate and G rant of Letters Testamentary and aver that Petitioner( s) is / are the Executrix last Will of the Decedent dated July 25, 1995 and codicil(s) dated named in the ~- .~.~) C) ;:::: (State relevant circumstances, e.g., renunciation, death of executor. etc) ~=,~ ~ ~ U. ~\ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofth~ i~nt(s):.nffered . for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~:::::; en 5:::?, o B. Grant of Letters of Administration '":.:_-". I " ""D (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante",i~itate) .f-:J '--'-1 ::~:o. Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and1teirs: (if Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) 0) r,_, Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland 530 Petersburg Road. Carlisle. Pennsylvania 17015 (List street address, town/city, township, county. state, zip code) County, Pennsylvania with his / her last principal residence at Decedent, then 57 Pennsylvania years of age, died on September 4, 2007 at Carlisle, South Middleton Township, Cumberland County, 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 Pennsylyania (lfnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania 47,000.00 $ $ $ $ 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 d or rinted name and residence .~ Brenda DeSimone, 530 Petersburg Road, Carlisle, PA 17015 Form RW-02 rev. /0.13.06 Page 1 of2 Oath of Personal Representative COMMONWEAL TH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 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 ~AA~ II. ~{J;A/r)C/) Signature of Personal Representative ~ -"..0 :_ -on f........) = <:.:::> --..l ~ before me the -50 day of ~(to~~ ,~l 00nl0W rnr~ F or th~ RWster Signature of Personal Representative ~+;G -- -.-\...) (.,..) a Signature of Personal Representative ~ -:"':0-. ~J " File Number: B\- CJl - ql~ en Estate of ROBERT A. DeSIMONE, SR. , Deceased Social Security Number: 085-42-8086 Date of Death: September 4, 2007 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 Brenda DeSimone in the above estate and that the instrument( s) dated described in the Petition be admitted to probate and filed of record as the last Wil~ (and Codicil(s)) FEES Letters ............... $~O. 0 0 Short Certificate(s) . . . . . . . . $----1 .0 (j Renunciation(s) .......... $ ~~ \1 .., $ \6.(j() _ _ P . .. $_1 O. cO I1otonlClnOYl ... $ Q .00 .. . $ . .. $ . .. $ . .. $ . .. $ ... $ TOTAL .............. $~ Attorney Signature: Attorney Name: Supreme Court I.D. No.: 21458 Address: 26 West High Street Carlisle, PA 17013 Telephone: 717-243-6222 Form RW-02 rev. 10.13.06 Page 2 of2 t r:.:; .:;'~:':; ':''-::-\- .9 (-(;1 - (j '17 X' LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. 'ee for this certificate, $6.00 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. P 13745602 r---.' C:::~ :3 o ::J:l :+~ C) ~::; h-; o (-) -~ . .~... '.'"~. '.~; _.' /,r"...... (...) o ~3 -a =0 --..J N 0'\ -1105.144 REV 1112006 lYPE 1 PRtIT IN PERMAHEHT IllACKINK #31-085 1. Nomo of Decodonl (Fill, middle, Iasl, aulIix) Robert s. AIle (lMt Ilir1hdIy) 57 COMMONWEALTH OF PENNSYLVANIA -OEPARTMr:NT OF HEALTH - VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER Bb. Colr1ly of Dea1h ~ \. Cumber land 11. Docedonr. UIuII KInd of Wort< A 4. Dalo 01 Dea1h (1oIon1ll, day, _I September 4, 2007 VIS. d 17b. C<uIty PA Cumberland 17c.Dcv...Decodonll.lv8dln Son....}, MiAAlp....r.n 17d. 0 ND,IJIlc:Qm l.Iv8d-, AduoIlirila of Twp, City IIlom ~ :::l ~ 19. MolIler's Name (FiI1I, middIo,lllIliIen SUIIlIlIII) Davina Patino 2al. InIormont's MaIIng ActlnIaa (SIr8eI. city I \own, tIII8, zip code) 530 Petersoo.r Rd. ,Carlisle, 21c. Place 01 DisposItion (Name oIcemelllry, ctIlIIIIIIlry tJI oilier pIoco) PA 17015 21d. l.oca1ion (City I \own, state, zip code) Carlisle, PA Inc.., Carlisle, PA 17013 2311. l.Icon.. Number 23c. Date Signed (Month, day, yse~ .... 201-26 .... be""",- ~ person 24. TIme 01 Dea1h 25. IleIe Pronooocod Dsed (t.IonIh, dey, year) ....pIIlIQrICeS_. 5: 00 A. M. September 4, 2007 . CAUSE OF DEATl1(s...1l8lI'IlcIIc>M iInd .~) IIem 'D. ParI I: EnIIr 1h8 ~ - ~,Ir;lries, Or ~ - tIllI <frICIty cauRd1lle delft. DO NOT onlor _ _!IJCh oacol1lac .rrest, /8IlIlilIlory -. tJllIWIIrlco.W fibriIlaIion wiIhout sI1owiIg" aIIoIogy. list otty ona causa on _lina. ~ ~ ~ '" ~ 321. nT~ Ir$rY {Spet:Ity} o DrW 10p0rat0r o "*-gar 0- M. 0Ih0r. $jIdy: 3311. Cer1Iier (dI8ck otty ane) 3311. SIgnature and . =:::'~"':::C:::::::''*:'1IIt'':..t~and~~~~~_~~:~_________________ 0 ~ . ~ ancI CIIlllyIng IIhv*IIR lPhysiciIn ball pnInlUlCing deeIh and CII1Il)ing 10 - of dBaIh) 33d. DIle SIIJlId (MonII1, day, year) To1lltbllloflllYlInlMlIdgo.-.._1I111t-.......anclpIace,andduo...1IItc.uoo(.)andmannor..-.._________________ 0 S t b 4, 2007 ..... &-*-1 eo... e p em e r On 1IIt - 01_ and/or -.aon.1n my.......... - - II.. -. dale, and place, and due...1IIt cauao(.) and manner..-.. ~ 34.m.-cmm ~ ~~~6!Mm~ Type I Pl1nI and~. ~ \\-4 FIod(MonIh,dey,yall 6375 Basehore Roadl Suite 111 H. ~~Q'\ I ~ I \ I::J...I I I (') I Mechanicsburg, PA 7050 OV. ONo ~ Naml 0 HomIcide o - 0 I'endnlI "-Ugotion o SuIcide 0 CWd Not be 00lennIned 26. Was Case Aofanwd 10 Medical Ella_' CoIonar for . ReasGn O1h8r lhan Ct8ma1ioot or llona1lon? tlv. ONo I AppmoMlaIe ~ ParI n: Enter oilier -""""''''-J!O>o III -- 28. Oil Tobelx:o USo. ConIItUllIo 0eatII? 0nseI to 0seI1 bul not IIIUIIng In Iha underlying C8IlI8 given in ParI!. D Voa D ProbIbIy DNo OUn- 29. If FamaIo: o Not ~ wIIhil pest !III' '0 Pregnant II line of dealll o Not PNlJl8Ill. but pregnant wiIhIn 42 days ol_ D Not _nt. bul pregnant ~ deys to 1 year baIonI_ o lJnIu1ooM1l pragnant within 1h8 post year 32c, Ploca of InjuIy: ~, Farm, SIrHl. FadaIy, 0IfIce BIiIdIng, H:. (Spsdy) =~=~ a. Hvnertensive Cardiovascular Disease Due 10 {or as. conaaquence 01): SoQuonIIIIy 11I-. . anv, 1od1a1oa._~onlina., EnIIr" UNlI!IlI.VIIG CAUSE ~~'L,nrmr~ b. Due 10 (or as. conaaquence 01): Due to (or as . consequanca 01): 3Oa. Was an AuIopoy -- d. 311>. Wen ~ FIndInga AvaIIaIllo Prior 10 eor..,.... of Cause of lleIlh? 31. _ oflloath o Vas '[Z9.No 32d. 11me oIl.;.y Coroner 35. ~ lllaposilioot Pennlt No. \0 c...: Li...- -- , . LAST WILL AND TESTAMENT OF - ,-- r~ ROBERT A. DeSIMONE, SR. C') (.) ~ ~ ~ ~ ~ SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA cS~ (:~ I, ROBERT A. DeSIMONE, SR. of South Middleton Township, 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 all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate in such amount as he/she shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. ~ I J ~ \S ~ SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA SECOND I give, devise and bequeath all the rest, residue and remainder of my estate to my beloved wife, BRENDA DeSIMONE absolutely and in fee simple if she survives me by thirty (30) days. THIRD In the event that my wife, BRENDA DeSIMONE fails to survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue and remainder of my estate as follows: (a) Two thirds (2/3) to my wife's parents, EUGENE A. RYNARD and ERMA E. RYNARD, or the survivor of them. (b) One third (1/3) to my children, ROBERT A. DeSIMONE, JR., TARA MARIE TURNBAUGH and ANGELA M. DeSIMONE, per stirpes. Provided, however, if Angela M. DeSimone is not 21 years old at the time of my death, then I give, devise and bequeath her share of my estate together with any property which may be added, unto Robert A. DeSimone, Jr., IN TRUST, upon the following terms and conditions: (i) To hold, manage, invest and reinvest the principal so received, and accumulation of income thereon, and to distribute all such principal and accumulated income to the said Angela M. DeSimone on her 21st birthday. (ii) All payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachment. 2 , 1 in j ~ \) ~ SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA (iii) In the event that the said Angela M. DeSimone should die before attaining the age of 21, all principal and accumulated income shall be divided equally between my children, per stirpes. FOURTH In the event that my wife, BRENDA DeSIMONE predeceases me, I appoint ROBERT A. DeSIMONE, JR., Guardian of the property of any minor beneficiary under this Will. FIFTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. SIXTH In addition to the powers conferred by law, I authorize any personal representative or trustee acting under this instrument, his/her absolute discretion: A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; c. To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or 3 ~ ~ ~ SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA .' taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his/her sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SEVERTR I do hereby nominate, constitute and appoint my wife, BRENDA DeSIMONE to act as Executrix of this my Last Will and Testament. Provided, however, that if she is unwilling or unable to act as Executrix, I direct the duties of Executrix, be performed by my wife's sister, SHIRLEY CLEAVER. EIGHTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. 4 SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA .. III WI'rIlESS WHEREOF, I, ROBERT A. DeS IMONE , SR. , have hereunto set my hand and seal to this my Last will and Testament, consisting of six (6) typewritten pages, the first three (3) of which bear my signature in the margin for identification, this .}~day of crJl?j , 1995. tlj)~ A. DeSimone, Sr. Signed, sealed, published and declared by the above-named Robert A. DeSimone, Sr., Testator, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and each other. cl1l1'~ ~T2 ac, tJ. 19 s;c;:r- Q~~ fc,. / )0/_3 ADDRESS ):p ~qhc $~ GJj~ f1t. 11D/3 , ADDRESS 5 SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA , , COMMORWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND We, Robert A. DeSimone, Sr., fdltlard La/dO and ff/l("1/(? #l~r/\.<7 ,the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witnesses and that to the best of their knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~ Sr. witness ~ fThr!5 Witness Subscribed, sworn to and acknowledged before me by Robert A. DeSimone, Sr., the Testator, and subscribed to and sworn or affirmed to before me by EdfL/drd L;: a/;-1/J and 7///{'/e $~~/;~ , witnesses, this r25fh day of ~/~/~./2/ ~95. IIOT~ SEAL NO~ earu:WE PflAII, Notary Albllc My ~CumbMand County, PA &pi,.. Flb.-ll. ,. 6