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HomeMy WebLinkAbout01-30-08f~ PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Lena E. DeRosa G~mberlar~ also known as COUNTY, PENNSYLVANIA File Number >~ ~ ` G O ~ (~ ~ ~ 1 Deceased Social Security Number 125-22-1910 Aetitioner(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( is /fig the EXeClltOr named in the last Will of the Decedent dated DeC. 12, 2001 and codicil(s) dated ~nnnc-?) (State relevant circumstances, e.g., renunciation, death of executor, etc.J 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: (nO eXCe~tIOriS ) ® $. Grant of Letters of Administration (If applicable, enter.• c.t.a.; d. b. n. c.t.a.; pendeMe life; durante absentia; durante minoritate) r~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following gp~use (if any) ~ heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of will in Section A above and complete list of heirs.) t-~ ~ C___ - ~ ~~ _ Name Relationship Residerir~,r-~ s.~ j C~ _.,. =i .. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ,`'= Q Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 12O$ Pheasant Drive South, Carlisle. North Mir7c71at-nn Tnumchif-, Cumberland County, PA 17013 (List street address, torvn/cirl~, township, county, state, =ip code) Decedent, then 90 years of age, died on Jariuarv 1 ~ 2Onf3 at Decedent at death owned property with estimated values as follows: 7, 5OO.00 (If domiciled in PA) Al] personal property $ (1f not domiciled in PA) Persona] property in Pennsylvania $ • OO (Ifnot domiciled in PA) Persona] property in County $ •OO Value of real estate in Pennsylvania g 100, 000.00 situated as follows: 1208 Pheasant Dr1Ve South, Carlisle, PA 17n1 ~ 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: Si nature T ed or rinted name and residence ,~ lit.-P ~ /, Anthony Carl DeRosa Boiling Springs, PA 17007 Form RW-02 rer. 10.13.06 Page 1 of 2 ant wimin 02 tlays ~daease a injury mat InMated me Is resulting n tlaelh) LAST. C g~ (~ E ~ j yy( k.;i,/ r++i of death ( nseque ) DUe l0 Of as a CO rice Of ^ Na pregnenL but pregnant 43 days to t year d. betas deem ^ Unknown if pregnam wi1Nn IM past year 30e. Was en Autopsy Pedonretl? 306. Wem Autopsy Fillings Avakeble Prior to Complelmn 31. Manna of Death 32s. Date a Injury (Month, day, year) 32b. DescnM How Injury Occaretl ~, Piece a kqury: Flame, Farm, Suea, Factory, of Cause al beam? Q Nataai ^ Homicvde OR Bulltling, ell. fSPeaNI ^ vas ~`No ^ Yes ^ No ^ Axidenl ^ Penang InvesligaYOn 32tl. Tme of Injury 32e. Injury al Work? 32f. II TranSponaYpn Injury (speciryJ 32g. Location a hrjury (Street, MY I town, slate) ^ Suiada ^ Caatl Na be Daerminetl ^ Yes ^ No ^ DrNerl Opereta ^ Passenger ^PedeHrian M aria - sp9a'y 33a. cawwr (Merit Duty ~) a3n. Signature ar~ TYIe a dnkr • Canllykrq phyaklm IRhysxran cenN f deem when arwUnr rug ceuae a physiaan has pmnWrrcetl tleeth ant conrPkletl Item 23) ~ L"L ~ To the best a m Frio y wlarkla. death aceunetl due to tM eauee(s)antl manmsazaMtad_________________________________ Q Pmrwunclnq 9M cannylnq phyablan (Physician born pronouncing death and reditying to rouse of deem) To tln beat of m knowNd de m t ! M U ti d ^ 33c. Liwnse Number 33tl. Dale Sgrad (Momh, tlay, year} y ge, e ane oc ri me, ate, ell pl9 e, end due to tM cause(s) end manrrer as ateted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ kledfcel Exemirler/Coroner n .-y ,, f1/t L 4 4 `~ `s'""L ) 1 1 Z f O`~ On me beais of examination and I or Inveallgatlon, In my opinion, death oxumetl al the time, date, and glare, ant due to the cause(s) and manner as sleled_ ^ v, V - _ 34 Name and Atltlress of Person Who Completed Cause of Deem (Ite m 27) Type /Print 35. Regis gnawre and In 1 u yy.. ~~ b ICI I la I Ih I r~l ~ ~ Data Filetl (Monts, day, yea ~ W1tLA.1HWl $'. I<iFWt=FvWf)'Wrrb1,7 itiz y ~ ofi • ck..s_ - O r l SfKUU~ Ko,l-~ cai~c.u~~~ f~~ v Disposition Pertnil No. l./O 1 CJ ~J ~~~t mill ~tt~ ~r~t~.YttPttt ~v c7 ,:.-~ ~~ ~ T7 y:m .. OF '_ ~;_ , :> r-~, cs c,3 ~'= CJ ~C`7= LENA E. DeROSA ~ ~ , C:_ _, l I, LENA E. DeROSA, of 1208 Pheasant Drive South, Carlislef~=Cumberhd u~ County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate, including all taxes that may be assessed in consequence of my death, as soon after my death as is reasonably possible from the proceeds and assets of my estate prior to any other distributions. However, my Executor need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. i <~ G'RIFFIE & ASSOCIATES ATTnORpNEYS-AT-LAW 200 NORTH HANOVER STREETPage 1 Of 8 CARLISLE, PENNSYLVANIA 77013 CHAMBERSBURG PENNSYLVANIA SECOND I give, devise and bequeath my entire estate of whatsoever nature and wheresoever situate, together with all insurance proceeds thereon, in equal shares to my children, ANTHONY CARL DeROSA, VICTOR SCARO and GEORGE SCARO, who survive me by sixty (60) days, per stirpes. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my Executor/Executrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. THIRD I have specifically chosen to provide no distribution of my estate to my son, RAYMOND SCARO, not out of want of affection, but because I feel the I have provided 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 2 of 8 38 N. Main Street Chambersburg, PA 17201 ~. for Raymond Scaro during my lifetime as I wished and do not want to have any distribution whatsoever from my estate to him. FOURTH I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my Executor/Executrix shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my Executor/Executrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 3 of 8 38 N. Main Street Chambersburg, PA 17201 (fj To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 4 of 8 38 N. Main Street Carlisle, PA 17013 Chambersburg, PA 17201 FIFTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. SIXTH I nominate, constitute and appoint my son, ANTHONY CARL DeROSA, as Executor of this my Last Will and Testament. In the event my spouse is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, VICTOR SCARO, as Executor of this my Last Will and Testament. I direct that my Executor shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. SEVENTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 5 of 8 38 N. Main Street Carlisle, PA 17013 Chambersburg, PA 17201 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of eight (8) typewritten pages, the first five (5) of which bear my signature on the side margin, for purpose of identification, this ~t~ day of /, p~~~~~~i'~ , 2001. WITNESS: LENA E. DeROSA GRIFFIE 8c ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 6 of 8 38 N. Main Street Carlisle, PA 17013 Chambersburg, PA 17201 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, LENA E. DeROSA, 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 Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. LENA E. DeROSA Sworn or affirmed and acknowledged before me by LENA E. DeROSA the Testatrix this ~_ day of ,~ ~j, ~~ ~ , 2001, / JZ~--~i Notarial Seal Robin J. Goshom, Notary Public Carlisle Boro, Cumberland Carty My Commission Expires Apr. 17, 2ff03 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 7 of 8 38 N. Main Street Chambersburg, PA 17201 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA.: SS. COUNTY OF C/U~~MBERLAND WE ~~ ~~~ ~S ~` ;,~ ~=~~~1 /'nl~ <'1 and ~ ~ r•-o~ jc~ ~ - ~~ ~ ~ c , S the witnesses whose names are attached to the foregoing document, 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 and Testament; that she signed willingly and that she 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 Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ana Notary Pub Notarial Seai Robin J. Goshom, Notary Public Carlisle Boro. Cumberland County My Commission Expires Apr. 17, 2003 GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 8 of 8 Carlisle, PA 17013 381V. Main Street Chambersbiurg, PA 17201