HomeMy WebLinkAbout12-03-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND COUNTY , PENNSYLVANIA
~-_.---.~"--~-~--~_.-----------
File Number 21-- b\ \ (f\~
.
Estate of Theresa Moser
also known as
, Deceased
Social Security Number
165-26-6067
DIane M. Noto
Petltioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
[!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix
last Will of the Decedent, dated 02/13/1992 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
(IT appllcaDle, enrer. c.ta.; a.D.ne.C.a.; pedenre lICe; aureOle 80senfla; aurame mmomare)
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.)
ame
e ationship
ence
C)
C-
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her
20 Courtland Road, Camp Hill, Lower Allen, Cumberland, PA 17011
ist street a ress, tow City, towns ip, county, state, zip co e
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Decedent. then 76 years of age, died on 11/25/2007 at
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$
$
$
$
100,000.00
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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:
yped or printe
Form
Rev, 10.13.2006
Copyright (c) 2006 form software only The Lackner Group. Inc.
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH 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 of Petitioner(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 affirmed and subscribed
Signature of Personal Representative
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before me this
day of
Signature of Personal Representative
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File Number:
21-- b\ \\f\1?)
Estate of Theresa Moser
, Deceased
Social Security Number:
165-26-6067
Date of Death: 11/25/2007
AND NOW,
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, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Diane M. Noto
in the above estate
and that the instrument(s) dated 02/13/1992
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
Renunciation( s )............................. $
Attorney Signature:
FEES
Letters............~.ID.Sm........ $
Short Certificate(S)....,(J~......... $
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0L? $ \0
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$
$
$
$
$
$
Attorney Name: Bernard A. Ryan Jr. Esq.
Supreme Court 1.0. No.: 01594
James, Smith, Dietterick & Connelly, LLP
Address: 134 Sipe Avenue
Hummelstown, PA 17036
Telephone:
(717) 533-3280
3'i!P'';
TOTAL.................................... $
Form RW-02 Rev, 10.13.2006
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 2 of 2
HIIlS.80S REV (01/07)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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.
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Fee for this certificate. $6.00
P 14124298
Date Issued
Certification Number
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TYPE I PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
3. Social Sew'ity N~
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STATE FILE NUMBER
4 O...clOeatl(Month.41'....1
November 25, 2007
1. Name 01 Decedenl (First middle, lut, sutlix)
Theresa O. Moser
165 - 26
C" andstalllOlfcr
6 OawofBM1l Month,dII,
5 ....1............'1
Steelton, Pennsylvania
76
October 3,1931
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10. R.ce: AmIrican Irdlll, BLa., 'While. *
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ad. flCifty Nam. (If not insli1ulion, give.Nt IOd number)
lb. County cl o.IIh
Cumberland
Holy Spirit Hospital
White
13 DecedenrsEOJcalion(Spec;ifyOflty~Wadecompllted)
EIem"'Wy/~{O-121 Collegt(1-4 << 5+)
12
lJlO5tof it., Donotsllte,..nc!
Kind of Eklsine.. Ilndusty
Own Home
12. Was Decedentev.inlht
U,S. AlmedFon;;n?
OV" Il!IN'
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Adull Residenoe 17.. Sla~
11 Decedent',Uwal aIion KindafwartdorMi
Kind of Work
Homemaker
Widowed
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Li~in.
TO'tI<<lship?
Lower Allen
PA
Cumberland
17e 0 YU,o.eao.nlli~edin
17d 0 ~=l~~<<l_in
Top
20 Courtland Road
Camp Hill, PA 17011
17b COI.Inl~
Cit, I Boro
19 MDltWs NMI.(First, middle, maden 1UIl\Mle)
18F~'.N.".(First,middlt.Iut,IUIfi,o;)
Mary Magnelli
2Ob. Inlcrmant'l M*kng Ackh55 (s.... cit, f loMl. NlI,lip code)
114 East Glenn Road Hershey, PA 17033
Carlo B. Ortenzio
:zo. Inknnll'll" MIII'l'MI (T)'J*JPrinll
Diane M. Noto
21b O..ofDisposilion(Moolh,ct.y,y,,) 21c. Plac:8cfOisposilion(N.",.cfCllRlltlry,a~*yDI'oIt.-p.c.)
21d, LDCIllion (Cdy I kwm, stD, zip coOl)
Gate of Heaven Cemetery
Mechanicsburg, Pa. 17055
22c:. NlIlT\IItndAdlkn.ofFlICilty
Myers Funeral Home, Inc. 37 East Main Street Mechanlcsburg. PA 17055
23b lJoenu Numb<<
2k Date Signed (Month, liII" yew)
2&, W.. Case Ralerred 10 MedieeI EXlImir...1 CoronIr b. ReMOn 0Ihet lien CremI1ion a 00neIi0n?
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25. 0.. Pronounced Dud (Month, OIly, yew)
November 25, 2007
llems 24.26 must becunpleted by peraon
who pronounces cllaItl
2:25 M
CAUSE OF DEATH {SM Instruction. and ..ampl.al
Item 27. PART t Enter Ihe~-dluase., injuries, or ccmpbtions. thatdlrecUw eeused!he dealh DO NOT enter Iflfminale~8f1Q; sud\ IS ~aiee "'Isl,
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Wonnlevsbura. PA 17043
LAST WILL AND TESTAMENT
OF
THERESA ALTORINA MOSER
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revoke all ':p'qf'er
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I, THERESA ALTORINA MOSER, of the state
that this is my LAST WILL AND TESTAMENT and I
and codicils previously made by me.
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FIRST: I appoint my daughter, DIANE MARIE MOSER NOTO, en
Harrisburg, Pennsylvania, as my Personal Representative concerni9?g
Will. If my daughter, DIANE MARIE MOSER NOTO, Harrisburg,
Pennsylvania, is unable or fails to serve, I then appoint my daughter,
CAROL LYNNE MOSER JOEGER, of Mechanicsburg, Pennsylvania, to serve as
my Personal Representative.
(~~
this
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges which I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representative may pay such taxes at any time deemed
advisable, whether or not then due and payable.
d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to payor
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters.
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PAGE 1
OF FOUR PAGES
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e. 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.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to DIANE MARIE
MOSER NOTO, CAROLE LYNNE MOSER JOERGER and to any child or children
that may be born to or adopted by me, in shares of substantially equal
value to be divided as they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
children and the descendants of any of my other children who fail to
survive me, in the manner set forth above.
b. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
THIRD: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
FOURTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
;;-~__~~/~ OF ~~~i ;AGES
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FIFTH:
Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this will shall
also include step-children, the natural born or adopted children of a
person's spouse. A relationship by or through legal adoption shall be
treated the same as a relationship by or through blood for purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "issue" as used in this Will means all persons
who are descended from the person referred to either by legitimate
birth to or legal adoption by that person, or any of that descendant's
legitimately born or legally adopted descendants.
d. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
e. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
SIXTH: In addition to any powers granted by the laws of the state
in which this Will is probated, I hereby authorize and empower the
fiduciaries named in this Will, to the extent of the discretion herein
granted, to sell, exchange, convey, transfer, assign, mortgage, pledge,
lease or rent the whole or any part of my real or personal estate, to
invest, reinvest, or retain investments of my estate, to perform all
acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries
elect to receive compensation for services, such compensation will be
that allowed by law.
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PAGE 3
OF FOUR PAGES
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SEVENTH: If any papt of this Will shall be invalid, illegal, op
inopepative fop any peason, it is my intention that the pemaining
papts, so fap as possible and peasonable, shall be effective and fully
opepative. My Pepsonal Reppesentative may seek and obtain coupt
instpuctions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hepeof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at Caplisle Barpacks, Pennsylvania, this
J~3- day of ~~~~_~_____, 19_~___ set my hand and seal to this my
LAST WILL AND TESTAMENT, consisting of FOUR typewpitten pages, each
page bearing my handwritten signatupe.
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~~~ALTOR~S{R~~---------(SEAL)
The foregoing instpument was, at Caplisle Bappacks, Pennsylvania,
this _13__ day of _t~~~ __, 19~_~, signed, sealed, published and
declaped by THERESA ALTOR1NA MOSER, the testatpix, to be hep LAST WILL
AND TESTAMENT in the ppesence of all of us at one time, and at the same
time we, at hep pequest and in hep ppesence and in the ppesence of each
othep, have hepeunto subscpibed oup names as attesting witnesses, and
we do so vepily believe that the said testatpix is of sound and
disposing mind and memopy at the date hepeof.
_-&~__A~___ --_i?-R_.4_~ ~T/;~-c14___--
OF ___~~~!~~________ OF __~5_~5L~________ OF ____~~~~~_________
____J:~~~~~j~~~~~--- _____~------------- _______~~_____________
;:;{~~-.I~ OF
PAGE 4
FOUR PAGES
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ACKNOWLEDGMENT
I, THERESA ALTORINA MOSER, testat~ix, whose name is signed to the
attached o~ fo~egoing inst~ument, having been duly qualified acco~ding
to law, do he~eby acknowledge that I signed and executed the inst~ument
as my Last Will; that I signed it willingly; and that I signed it as my
f~ee and volunta~y act fo~ the pu~poses the~ein exp~essed.
;;LL~-~ l.~______(SEAL)
THERESA ALTORINA MO~~~
AFFIDAVIT
We, ~_~:~__~~~~~~_________, __~~~l_5__~L~~~~s_____, and
----
J~~~_~~_CC~~~__________, the witnesses, sign ou~ names to this
insU~ument, being duly qualified acco~ding to law, do depose and say
that we we~e p~esent and saw the testat~ix sign and execute the
inst~ument as he~ Last Will; that the testat~ix signed willingly and
executed it as her free and voluntary act for the purposes therein
exp~essed; 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 ~luence.. V
~~__~~I ____ _~~_l_____________ ~~L-~---------
Witness ----~ Witness Wit~ss
Subsc~ibed, swo~n to and acknowledged befo~e me by THERESA
ALTORINA MOSER, the testat~ix, and subsc~ibed and swo~n to befo~e me by
_~~~~___~_~~~~~________, _S?~L_~~__~~~~____, and
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i~~;,-_f~__(~~~!~____, the witnesses, this _13___ day of _~_~1~~~,___,
19~. ---//.// --..b
~~~----
NOTARY PUBLIC M~
~~~~es: _______
Carfis1e Bore, \.AJll....,."" ... Countv
My Commission Expires Oct 18. 1993
Member, Pennsylvania Assodation of Not?ties