HomeMy WebLinkAbout06-02-08Register of Wills of Dauphin County, Pennsylvania
PETITION FOR GRANT OF L/E~TTERS
Estate of HELEN COTSARELIS No. ~~.~C~
Social Security No. _ 17(p_ 3y- O~.r~o
Darlene Waugh, Petitioner, who is 18 years of age or older, applies for:
(COMPLETE "A" OR "B" BELOW:)
A. Probate and Grant of Letters and avers that Petitioner is the Executor named in the
Last Will & Testament of the Decedent -Elias N. Cotsarelis
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State relevant circumstances, e. ~
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g., renunciation, death of executor, etc. ;~~ ~
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted ~~ution bf ,
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the documents offered for probate; was not the victim of a killing and was never adjudicated incompeteri~~n~ ~'
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B. Grant of Letters of Administration
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pendente liter durante absentia; durante minoritate) 3y N
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Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived
b the followin souse if an and heirs:
Name Relationshi Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. / j„ ~~lns~
Decedent, was domiciled at death at 3817 Copper Kettle Road, Camp Hill, ~~~~, Cumberland County.
Pennsylvania, 17011, with her fast family or principal residence at 3817 Copper Kettle Road, Camp Hill, Cumberland County,
Pennsylvania. 17011.
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Decedent, then 11 years of age, died April 20, 2008, in Camp Hill, Pennsylvania.
Decedent at death owned property with estimated values as follows: (If domiciled in PA)
All personal property $800,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
Total $800,000.00
Real Estate situated as follows: Jointly owned with spouse
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and
the rant of letters in the a ro riate form to the undersi ned:
Si nature T ed or rinted name and residence
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~ ~ ~ Elias N. Cotsarelis
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C'~:!' i'1 381.7 Copper Kettle Road, Camp Hill, PA 17011
Form RW-1 Page 1 of 2 (Dauphin County)
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner above-named swears and affirms that the statements in the foregoing Petition
are true and correct to the best of the knowledge and belief of Petitioner and that, as personal
representative of the Decedent, Petitioner will well and truly administer the estate according to law.
Sworn to and affir and subscribed
before me this day of
e, 2008.
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Estate of ELIAS N COTSARELIS, Deceased
Social~Security No: Date of Death: April 20, 2008
AND NOW, June, 2008, in consideration of the Petition on the reverse side hereon, satisfactory proof having been
presented before me,
IT IS DECREED that Letters X Testamentary- of Administration _d.b.n.c.t.; pendente liter durante absentia; durante
minoritate are hereby granted to Elias N. Cotsarelis, in the above estate.
FEES
Letters ........................... ~~~-t~-~~~ ~'J
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/ ~~ Regi er of Wills'-,1Q!1 ,~/~~/?~ ~/~ ~, ~ -
Short Certificate(s).......... ~ sf _ t ~i'
Renunciation .................. $ O
Affidavit ( ) ................. $
Ex a Pages ( )......,..... $
Codicil .............~dr '. ~/ $ /~
JCP Fee ........................ $ ~y' t ney: LEONARD TINTNER
Inventory ..................... $~ I.D. No: 06859
Ott e~......... ~..~... $
/ ~ ~ Post Office Box 741, 315 N. Front St.
TOTAL $ / Harrisburg, PA 17108-0741 (717) 236-9377
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OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ fee for this certificate, $b.00
Certification ~;umbcr
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Nt05la REV ll/1006
TYPE I PRINT W
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T}Zis 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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~.ocal Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~
CORONER'S CERTIFICATE OF DEATH
(Sae Instructions and examples on reversal
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' _ U V Disposition Pertnil No. U / 9.J .2 7 ~ '.
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~~t~B ~U~ -2 ~~'d~ 35
LAST WILL AND TESTAMENT
OF CLERY. ~~
HELEN COTSARELIS DA~~ ~ ~QURT
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Introductory Clause. I, HELEN COTSARELIS, a resident of and domiciled in
Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, do hereby
make, publish and declare this to be my Last Will and Testament, hereby revoking all
Wills and Codicils at any time heretofore made by me.
I am married to ELIAS N. COTSARELIS.
I have three living children: NICK COTSARELIS of Mechanicsburg,
Pennsylvania, GEORGE COTSARELIS of Berwyn, Pennsylvania and FRAN
(FRANCIS) COTSARELIS KANEALY of Louisville, Kentucky.
ITEM I
Direction to Pay Debts. I direct that all my legally enforceable debts, secured and
unsecured, be paid as soon as practicable after my death.
ITEM II
Direction to Pay All Taxes from Residuary Estate. I direct that all estate,
inheritance, succession, death or similar taxes (except generation-skipping transfer taxes)
assessed with respect to my estate herein disposed of, or any part thereof, or on any
bequest or devise contained in this my Last Will (which term wherever used herein shall
include any Codicil hereto), or on any insurance upon my life or on any property held
jointly by me with another or on any transfer made by me during my lifetime or on any
other property or interests in property included in my estate for such tax purposes be
paid out of my residuary estate and shall not be charged to or against any recipient,
beneficiary, transferee or owner of any such property or interests in property included in
my estate for such tax purposes.
ITEM III
Specific Devise of Residential Property. I give and devise to ELIAS N.
COTSARELIS, if he shall survive me, any interest which I own at the time of my death
real estate and dwelling in New Avorani and Agrinion, Greece. If he shall not survive
me, then I give and bequeath said property to the surviving issue per stirpes of Elias N.
Cotsarelis.
Page 1
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ITEM IV
Outright Gift of All Property to Husband. Contingent Gift to Issue. I give, devise
and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devises) wherever situate and whether
acquired before or after the execution of this Will, absolutely in fee simple to my
husband, ELIA5 N. COTSARELIS, if he shall survive me. If he shall not survive me,
then I give, devise and bequeath all of the property to my surviving children in equal
shares, provided, however, the then living issue of a deceased child of mine shall take
per stirpes the share their parent would have taken had he or she survived me.
ITEM V
Naming the Personal Representative. Personal Representative Succession,
Personal Representative's Fees and Other Matters. The provisions for naming the
Personal Representative, Personal Representative succession, Personal Representative's
fees and other matters are set forth below:
(I) Naming; an Individual Personal Representative. I hereby nominate,
constitute, and appoint as Personal Representative of this my Last Will and Testament
ELIAS N. COTSARELIS and direct that he shall serve without bond.
(2) Naming Individual Successor or Substitute Personal Representative. If my
individual Personal Representative should fail to qualify as Personal Representative
hereunder, or for any reason should cease to act in such capacity, the successor or
substitute Personal Representative who shall also serve without bond shall be NICK
COTSARELIS.
(3) Fee Schedule for Individual Personal Representative. For its services as
Personal Representative, the individual Personal Representative shall receive reasonable
compensation for the services rendered and reimbursement for reasonable expenses.
ITEM VI
Definition of Personal ReQresentative. Whenever the word "Personal
Representative" or any modifying or substituted pronoun therefor is used in this my Will,
such words and respective pronouns shall include both the singular and the plural, the
masculine, feminine and neuter gender thereof, and shall apply equally to the Personal
Representative named herein and to any successor or substitute Personal Representative
acting hereunder, and such successor or substitute Personal Representative shall possess
Page 2
all the rights, powers and duties, authority and responsibility conferred upon the Personal
Representative originally named herein.
ITEM VII
Powers for Personal Representative. By way of illustration and not of limitation
and in addition to any inherent, implied or statutory powers granted to Personal
Representatives generally, my Personal Representative is specifically authorized and
empowered with respect to any property, real or personal, at any time held under aay
provision of this my Will: to allot, allocate between principal and income, assign,
borrow, buy, care for, collect, compromise claims, contract with respect to, continue any
business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and
exercise options with respect to, take possession of, pledge, receive, release, repair, sell,
sue for, to make distributions or divisions in cash or in kind or partly in each without
regard to the income tax basis of such asset, and in general, to exercise all the powers in
the management of my Estate which any individual could exercise in the management of
similar property owned in his or her own right, upon such terms and conditions as to my
Personal Representative may seem best, and to execute and deliver any and all
instruments and to do all acts which my Personal Representative may deem proper or
necessary to carry out the purposes of this my Will, without being limited in any way by
the specific grants of power made, and without the necessity of a court order.
ITEM VIII
Discretion Granted to Personal Representative in Reference to Tax Matters. My
Personal Representative as the fiduciary of my estate shall have the discretion, but shall
not be required when allocating receipts of my estate between income and principal, to
make adjustments in the rights of any beneficiaries, or among the principal and income
accounts to compensate for the consequences of any tax decision or election, or of any
investment or administrative decision, that my Personal Representative believes has had
the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries
over others; provided, however, my Personal Representative shall not exercise its
discretion in a manner which would cause the loss or reduction of the marital deduction
as may be herein provided. In determining the state or federal estate and income tax
liabilities of my estate, my Personal Representative shall have discretion to select the
valuation date and to determine whether any or all of the allowable administration
expenses in my estate shall be used as state or federal estate tax deductions or as state
or federal income tax deductions and shall have the discretion to file a joint income tax
return with my husband.
Page 3
ITEM IX
Definition of Children. For purposes of this Will, "children" means the lawful
blood descendants in the first degree of the parent designated; and "issue" and
"descendants" mean the lawful blood descendants in any degree of the ancestor
designated; provided, however, that if a person has been adopted, that person shall be
considered a child of such adopting parent and such adopted child and his or her issue
shall be considered as issue of the adopting parent or parents and of anyone who is by
blood or adoption an ancestor of the adopting parent or either of the adopting parents.
The terms "child," "children;' "issue;' "descendant" and "descendants" or those terms
preceded by the terms "living" or "then living" shall include the lawful blood descendant
in the first degree of the parent designated even though such descendant is born after
the death of such parent.
The term "per stirpes" as used herein has the identical meaning as the term
"taking by representation" as defined in the Pennsylvania Probate Code.
ITEM X
Definition of Words Relatin~Lto the Internal Revenue Code. As used herein, the
words "gross estate," "adjusted gross estate," "taxable estate;' "unified credit;' "state death
tax credit;' "maximum marital deduction;' "marital deduction;' "pass," and any other
word or words which from the context in which it or they are used refer to the Internal
Revenue Code shall have the same meaning as such words have for the purposes of
applying the Internal Revenue Code to my estate. For purposes of this Will, my
"available generation-skipping transfer exemption" means the generation~skipping transfer
tax exemption provided in section 2631 of the Internal Revenue Code of 1986, as
amended, in effect at the time of my death reduced by the aggregate of (1) the amount,
if any, of my exemption allocated to lifetime transfers of mine by me or by operation of
law, and (2) the amount, if any, I have specifically allocated to other property of my
gross estate for federal estate tax purposes. For purposes of this Will if at the time of
my death I have made gifts with an inclusion ratio of greater than zero for which the gift
tax return due date has not expired (including extensions) and I have not yet filed a
return, it shall be deemed that my generation-skipping transfer exemption has been
allocated to these transfers to the extent necessary (and possible) to exempt the
transfer(s) from generation-skipping transfer tax. Reference to sections of the Internal
Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue
Code amended to the date of my death.
Page 4
ITEM XI
Statement by Testatrix of Intent Not to Exercise Power of Appointment. I hereby
refrain from exercising any power of appointment that I may have at the time of my
death.
ITEM XII
Simultaneous Death Provision Presuming Beneficiary Predeceases Testatrix. If
any beneficiary and I should die under such circumstances as would make it doubtful
whether the beneficiary or I died first, then it shall be conclusively presumed for the
purposes of this Will that the beneficiary predeceased me.
Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my seal this ; ~,; day of April, 1997.
~~..
HELEN COTSARELIS
Attestation Clause. The foregoing Will was this ~ day of April, 1997, signed, sealed,
published and declared by the Testatrix as and for her Last Will and Testament in our
presence, and we, at her request and in her presence, and in the presence of each other,
have hereunto subscribed our names as witnesses on the above dare
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Of ~.' '~ 'ni r ~`~ Lt
of ~G m~ fill
of
Page 5
PROOF OF WILL
Commonwealth of Pennsylvania
~~C""~% p~-~~c-,..-
County of rTTI .T11^T] 7 A ~TL7
Self-Proving Affidavit
We, HELEN COTSARELIS, and Leonard Tintner
Denise L. Foster and Carol A. Ely ,the Testatrix and the witnesses,
respectively, whose names are signed to the attached or foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed
the instrument as her Last Will and that she had signed willingly (or willingly directed
another to sign for her), and that she executed it as her free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of
the Testatrix, and in the presence of each other, signed the Will as witness and to the best of
our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind,
and under no constraint or undue influence.
-i /
Subscribed, sworn to, and
and subscribed and sworn
Denise L. Foster
acknowledged before me by HELEN COTSARELIS, the Testatrix
to before me by Leonard Tintner
April, 1997.
and Carol A. Ely ,witnesses, this 2nd day of
Notary Public for Pennsylva~ is
My Commission Expires: ~~,,//~~~I>
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Witness