HomeMy WebLinkAbout01-22-09 (2)~~~,.~vi,69
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE NO. 21-OS-87
FIRST AND FINAL ACCOUNT OF
DENNIS VICTOR LANDI, EXECUTOR
For
ESTATE OF BRUNA MARIE LANDI, DECEASED
Social Security #:
Tax ID #:
Date of Death:
Date of Incapacity, if any:
Date of Appointment:
Date of First Complete Advertisement
Accounting for the period:
191-09-8213
43-6922308
January 6, 2005
None
January 27, 2005
February 18, 2005
January 6, 2005 to
December 15, 2008
Purpose of Account: The Executor offers this Account to acquaint
interested parties with the transactions that have occurred during the
Administration.
It is important that the Account be carefully examined. Requests for
additional information, questions or objections can be discussed
with:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, Pennsylvania 17013
717-243-0220
Supreme Court I.D. No. 1
5712
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SUMMARY OF ACCOUNT
PRINCIPAL PAGES
Receipts 3 $59,674.70
Net Gain or Loss on Sales or 0.00 $59,674.70
Disposition
Less Disbursements:
Debts of Decedent 4 $183.03
Funeral Expenses 4 1,091.38
Administration Expenses 6 5,345.81
Family Exemption 0.00
Federal, State & Local Taxes 6 1,652.55
Fees and Commissions 6 5.000.00 (13.272.77)
Balance before Distributions $46,401.93
Distributions to Beneficiaries 6 40.393.00
Principal Balance Remaining $6,008.93
For Information:
Investments Made
Changes in Holdings
INCOME
Receipts 7 $169.52
Less Disbursements 7 0.00
Balance before Distribution $169.52
Distributions to Beneficiaries 7 0.00
Income Balance Remaining 169.52
COMBINED BALANCE 6 178.45
REMAINING
Verification g
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PRINCIPAL RECEIPTS
1 / 6/05 House and lot of ground known and numbered as
10015 Route 553, Mentcle, Indiana County,
Pennsylvania, and more particularly bounded and
described in Indiana County Deed Book 873, Page
380, valued in accordance with an arms' length sale to
unrelated third parties $45,024.62
1/ 6/05 Vacation cottage at Wesleyan Methodist Campground,
valued in accordance with the current tax assessment
in the amount of $1,200 as adjusted by the common
level ratio of 3.5 4,200.00
1/11/OS Harry J. Bence Funeral Home, Inc., prepaid funeral
expense reimbursement 1,750.59
1/11/OS Household contents 1,193.00
2/ 2/05 Highmark Blue Shield, health insurance premium
refund 168.75
2/ 4/05 PNC Bank, checking account #7025331 7 022.35
3/11/05 Conseco Senior Health Insurance Company, refund of
health insurance premium 60.93
9/30/05 Cambria County Mutual Insurance Co., homeowner's
insurance premium refund 75.00
1 / 3/06 Commonwealth of Pennsylvania, inheritance tax
refund 16.43
3/ 6/06 Carlisle Regional Medical Center, insurance refund 163.03
TOTAL PRINCIPAL RECEIPTS $59,674.70
-3-
PRINCIPAL DISBURSEMENTS
DEBTS OF DECEDENT
3/25/05 Carlisle Regional Medical Center, unreimbursed
medical expense $163.03
4/20/05 Carlisle Regional Medical Center, unreimbursed
medical expense 20.00
TOTAL DEBTS OF DECEDENT $183.03
FUNERAL EXPENSES
1/19/05 Gerald A. Landi, reimbursement for funeral food $1,011.38
5/26/05 Shoemaker Monument Company, tombstone
engraving 80.00
TOTAL FUNERAL EXPENSES $1,091.38
ADMINISTRATION EXPENSES
1/19/05 Dennis V. Landi, reimbursement for water and sewer
charges $46.80
1/19/05 Dennis V. Landi, reimbursement for fuel oil 195.00
1/19/05 Dennis V. Landi, reimbursement for uninsured
medical expenses 182.00
1 / 19/05 Wayne F. Shade, Esquire, reimbursement for probate
fees 238.00
1 / 19/05 Register of Wills, additional probate fees 15.00
2/21/05 Pete Stewart, appraisal fee 150.00
2/21/05 Wayne F. Shade, reimbursement for advertising
Letters Testamentary with Cumberland Law Journal 75.00
2/21/05 The Sentinel, advertise Letters Testamentary 137.03
2/21/OS Shaner Bros., fuel oil 65.00
2/21/05 Putt Real Estate, appraisal fee 300.00
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2/21/05 Penelec, electric service
2/21/05 Verizon, telephone service
2/22/05 Bence Mihalcik Funeral Home, death certificates
2/22/05 Register of Wills, Short Certificate
2/22/05 Shaner Bros., fuel oil
2/22/05 Verizon, telephone service
2/22/05 I.C.M.S.A., water and sewer
3/11/05 Penelec, electric service
3/16/05 LC.M.S.A., water and sewer
3/16/05 Verizon, telephone service
3/18/05 Register of Wills, estimated Inheritance Tax
4/ 5/OS Shaner Bros., fuel oil
4/ 8/05 Penelec, electric service
4/ 8/05 Joan C. Stupic, county and local real estate and per
capita tax
4/20/05 LC.M.S.A., water service
4/20/05 Verizon, telephone service
5/10/OS Penelec, electric service
5/26/05 LC.M.S.A., water service
6/ 3/05 Cambria County Mutual Insurance Co., homeowner's
insurance
6/20/05 Penelec, electric service
6/20/05 Verizon, telephone service
8/ 1/OS Dennis V. Landi, reimbursement for trash removal
9/27/05 Register of Wills, file Pennsylvania inheritance tax
return
45.87
37.83
36.00
4.00
275.72
54.74
20.00
45.95
27.00
48.62
2,000.00
281.92
27.89
87.43
20.00
40.63
22.35
34.00
90.00
47.07
34.96
245.00
15.00
-5-
1 / 19/06 Register of Wills, reserve for filing Account, etc.
TOTAL ADMINISTRATION EXPENSES
FEDERAL, STATE AND LOCAL TAXES
9/27/05 Register of Wills, inheritance tax
3/22/07 Pennsylvania Department of Revenue, fiduciary
income tax
1/30/08 Pennsylvania Department of Revenue, fiduciary
income tax
TOTAL FEDERAL, STATE AND LOCAL TAXES
FEES AND COMMISSIONS
1/19/06 Wayne F. Shade, attorney fee
TOTAL FEES AND COMMISSIONS
TOTAL PRINCIPAL DISBURSEMENTS
400.00
$5,345.81
$1,648.92
2.07
1.56
$1,652.55
$5,000.00
$5,000.00
$13,272.77
DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES
3/18/05 Arlene Burgess and Daniel A. Burgess, vacation
cottage, in kind
7/11/05 Dennis V. Landi, household contents, in kind
7/11/05 Gerald A. Landi, household contents, in kind
8/15/05 Dennis V. Landi
8/l 5/OS Gerald A. Landi
TOTAL DISTRIBUTIONS
$4,200.00
596.50
596.50
17,500.00
17,500.00
$40,393.00
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INCOME RECEIPTS
12/15/08 Orrstown Bank
TOTAL INCOME RECEIPTS
INCOME DISBURSEMENTS
None
TOTAL INCOME DISBURSEMENTS
DISTRIBUTIONS OF INCOME TO BENEFICIARIES
None
TOTAL DISTRIBUTIONS OF PRINCIPAL
$169.52
$169.52
None
None
None
None
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H
VERIFICATION
DENNIS VICTOR LANDI, Executor of the Will of Bruna Marie Landi, Deceased,
hereby declares under oath that he has fully and faithfully discharged the duties of his
office; that the foregoing First and Final Account is true and correct and fully discloses all
significant transactions occurring during the accounting period; that all known claims
against the Estate have been paid in full; that, to his knowledge, there are no claims
outstanding against the Estate; that all taxes presently due from the Estate have been paid;
and that the grant of Letters Testamentary and the first complete advertisement thereof
occurred more than four months before the filing of the foregoing First and Final
Account.
This statement is made subject to penalties of 18 Pa. C.S.A. §4904 relating to
unsworn falsification to authorities.
Date: January 12, 2009 ~i~
/~ ~2
Dennis Victor Landi
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S
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF BRUNA MARIE LANDI, DECEASED
No. 21-OS-87
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If
.space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers
required under items 8-19 inclusive; and any instrument pertinent to the adjudication.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel:
Supreme Court ID:
Address:
Telephone
Fax:
Wayne F. Shade, Esquire
15712
53 West Pomfret Street
Carlisle, PA 17013
717-243-0220
717-249-0017
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Estate of Bruna Marie Landi, Deceased
1. Name(s) and address(es) of Petitioner(s):
Name: Dennis Victor Landi
Address: 607 Brad Street
Shippensburg, PA 17257
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and Account and state reason:
Is this the first accounting by this fiduciary? X Yes No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on January 6, 2005
X Letters Testamentary or Letters of Administration were granted to
Petitioner(s) on January 27, 2005
Date of Will (if applicable): June 29, 2000
Date(s) of Codicil(s) (if applicable):
Date of probate (f different from date Letters granted): January 27, 2005
Was a bond required? Yes X No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? X Yes No
Dates of advertising of the grant of Letters: The Sentinel, January 29, February 5
and 12, 2005; Cumberland Law Journal, February 18 and 25 and March 4, 2005
3. Was decedent survived by a spouse? Yes X No
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? Yes No
(See X2201, et seq., of the Probate, Estates and Fiduciaries Code)
If yes, date of election:
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Estate of Bruna Marie Landi, Deceased
5. In the case of an intestacy, state the names of the decedent's surviving children or
surviving issue of deceased children (if none, so state):
6. Did decedent marry after execution of Will or Codicil(s)? Yes X No
Were any children born to decedent after execution of
Will or Codicil(s)? Yes X No
If yes, give names and dates of birth:
Name:
Date of Birth:
7. If required by the Medical Assistance Estate Recovery Act,
62 P.S. §1412, was a request for a statement of claim sent to
the Department of Public Welfare? X Yes No
8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been
or will be given to all parties in interest listed in item 9 below, all unpaid creditors
and all claimants listed in item 10 below. In addition, notice of any questions
requiring Adjudication as discussed in item 14 below has been or will be given to all
persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the
names and addresses of the parties receiving such Notice.
B. If Notice is yet to be given, a copy of the Notice as well as a list of the
names and addresses of the parties receiving such Notice shall be submitted
at the Audit together with a statement executed by a Petitioner or counsel
certifying that such notice has been given.
C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated
persons), Notice of the Audit has been or will be given to the appropriate
representative on such party's behalf as required by Pa. O.C. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been or will
also be given to the Attorney General as required under Pa. O.C. Rule 5.5.
In addition, the Attorney General's clearance certificate (or proof of service
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Estate of Bruna Marie Landi, Deceased
of Notice and a copy of such Notice) must be submitted herewith or at the
Audit.
9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice
or knowledge, having or claiming any interest in the estate as beneficiaries under the
Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy:
A. State each party's relationship to the decedent and the nature of each party's
interest(s):
Nnmv nnr/ Addrooc nfF.,~b P.,..n~ a l..s,,..,,.,s n_i_.: _-__
- - u.e uue~est
Dennis Victor Landi Son 50%
607 Brad Street
Shippensburg, PA 17257
Gerald Anthony Landi Son 50%
21336 Comus Court
Ashburn, VA 20147
B. Identify each party who is not sui juris (e.g., minors or incapacitated
persons). For each such party, give date of birth, the name of each
Guardian and how each Guardian was appointed. If no Guardian has been
appointed, identify the next of kin of such party, giving the name, address
and relationship of each.
C. State why a Petition for Guardian/Trustee Ad Litem has or has not been
filed for this Audit (see Pa. O.C. Rule 12.4).
D. If distribution is to be made to the personal representative of a deceased
party, state date of death, date and place of grant of Letters and type of
Letters granted.
10. Other than the claim for the family exemption, list the names of all known claimants
and the amount of their claims and state whether each claim is admitted.
-4-
Estate of Bruna Marie Landi, Deceased
Name and Address of Each Claimant Amount of Claim Claim Will Claim
Admitted? Be Paid !n
Yes Yes
No No
Yes Yes
No No
Yes Yes
No No
If the estate is insolvent, attach a schedule setting forth the order of preference under
20 Pa.C.S. §3392 and the proposed payments.
11. Was family exemption claimed? Yes X No
Was family exemption allowed? Yes No
Family exemption claimant's name and relationship:
Name: Relationship:
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania
Estate 'Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are
as follows:
~uee Ya ment Interest
March 18, 2005 $2,000.00
September 27, 2005 1,648.92
13. On the date of death, was the decedent a fiduciary
(personal representative, trustee, guardian, agent under power
of attorney) or surety on the bond of a fiduciary? Yes X No
If yes, provide the name of the estate, indicate whether an account has been filed
and confirmed absolutely and all awards performed, or, in the alternative, how
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Estate of Bruna Marie Landi, Deceased
the decedent's estate will be discharged for the decedent's fiduciary
administration of the estate.
14. A. Describe in detail any questions requiring adjudication and state the position of
the Petitioner(s) as to each question:
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above? Yes No
15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced,
disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or
attachment, together with any relevant supporting documentation.
16. Had the decedent been adjudicated an incapacitated person? Yes X No
If yes, attach a copy of the Order if available; otherwise state the court, term,
number, date and name of hearing judge.
17. A. List or attach a separate list of additional receipts and disbursements since the
closing date of the Account.
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above? Yes No
18. If a reserve is requested, state amount and purpose.
Amount: $400.00
Purpose: Filing Account, etc.
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
parties in interest? Yes No
If so, attach a copy of the notice.
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Estate of Bruna Marie Landi, Deceased
19. Is the court being asked to direct
the filing of a Schedule of Distribution? X Yes No
As to real estate only? Yes X No
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties
entitled and suggest(s) that the distributive shares of income and principal (residuary
shares being stated in proportions, not amounts) are as follows:
A. Income:
f rnnnca!/ Ilictrihuroo%1
Dennis Victor Landi ~nwuru~r rv artturt
$84.76
Gerald Anthony Landi $84.76
B. Principal:
Prnnn.ced nictriAvtao/c1
Dennis Victor Landi ~invu,uit r~ urctun
$3,004.47
Gerald Anthony Landi $3 004.46
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Y ~„ ~~-.~
Dennis Victor Landi
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Estate of Bruna Marie Landi, Deceased
Verification of Petitioner
(Verification must be by at least one petitioner)
The undersigned hereby verifies that the facts set forth in the foregoing Petition for
Adjudication /Statement of Proposed Distribution which are within the personal
knowledge of the Petitioner are true, and as to facts based on the information of others,
the Petitioner, after diligent inquiry, believes them to be true; and that any false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 (relating to
unsworn falsification to authorities).
`~~v,~
Dennis Victor Landi
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for
Adjudication /Statement of Proposed Distribution is a true and accurate reproduction of
the form Petition authorized by the Supreme Court, and that no changes to the form have
been made beyond the responses herein.
Way F. Shade, Esquire
Counsel for Petitioner
-8-
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tanuny Shoemaker Classified Sales i'~lanager , of The Sentinel, of the County and State
aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was
established December 13th, 1881, since which date THE SENTINEL has been regularly
issued in said County, and that the printed notice or publication attached hereto is
exactly the same as was printed and published in the regular editions and issues of
THE SENTINEL on the following d
_~ai_ZUary 29, Februar~T 05 12 2005
COPY OF NOTICE OF PUBLICATION
EXECUTOR'S NOTICE
Letters Testamentary on the Estate of BRUNA MARIE Affiant further deposes that he/she is not
LANDI, Deceased, late of Carlisle, Cumberland County, interested in the sub'ect matter of the
Pennsylvania, Deceased, have been granted to Dennis
yr°tor Land.. aforesaid notice or advertisement, and that
All persons knowing themselves to be indebted to said
Estate shall make payment immediately, and tnose all allegations In the foregoing statement
having claims will present them for settlement to:
' as to time, place and character of
°rR1t1°"t 1:3 +AA'+~lt41T soT$ra;d~sr~et publication are true.
y : „ . ;, Shr~pensburg, PA 1727
Wayne F. Shade, Esquire „y L
53 West Pomfret Street ~' 1~
Carlisle, PA 17013
Attorney
Sworn to and subscribed before me this
1bEh day of Fehru.ary, 2005
C
Notary Pu c
My commission expires: Q f / /0 ~
C:CJP:`?"vii)f~+~'Jc:R.; "?1-. f~F r°~~~J~•;~YLV'AfiilA
fJtil.'~r131 `3c~al~_ _._~_
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Carissla E~o+n. Cumiettand Coi1n?~j
_ My~rrlr+li~.-:si+an €:~irr~s;i-~c~i. 1, ~C108
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
FEBRUARY 18, 25, MARCH 4, 2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Landi, Brune Marie, decd.
Late of Carlisle.
Executor: Dennis Victor Landi,
607 Brad Street, Shippensburg,
PA 17257.
Attorney: Wayne F. Shade, Esquire,
53 West Pomfret Street, Carlisle,
PA 17013.
Lisa Marie Co e, Editor
RN TO AND SUBSCRIBED before me this
4 day of MARCH 2005
Nv1At~11kL SEAL " -
LOIS E. SNYDER, Notary public
Carlisle Boro, Cumberland County
My Commission Ei~ires March 5, 2005
IN RE: ESTATE OF
BRUNA MARIE LANDI,
Deceased, Late of the
Borough of Shippensburg
Cumberland County, Pennsylvania
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-OS-87
NOTICE OF FILING ACCOUNT AND
STATEMENT OF PROPOSED DISTRIBUTION
WAYNE F. SHADE
Attorney at I,aw
S3 Wes[ Pomfret Street
Carlisle, Pennsylvania
17013
NOTICE is hereby given that the First and Final Account of Dennis Victor Landi,
Executor of the Estate of Bruna Marie Landi, Deceased, and a Statement of Proposed
Distribution of the balance of the assets of said Estate will be filed in the Office of the
Register of Wills of Cumberland County, Pennsylvania, on or before January 30, 2009,
and that the same will be called for confirmation on March 3, 2009, at 9:30 A.M. in the
designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle,
Pennsylvania, at which time and place you may appear, either in person or by counsel.
Copies of said First and Final Account and Statement of Proposed Distribution are
enclosed herewith, and the originals as filed may be inspected in the Office of the
Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their
presentation for confirmation.
Unless objections to said First and Final Account or Statement of Proposed
Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the
date fixed for confirmation thereof unless otherwise permitted by the Court prior to
confirmation, said First and Final Account will be confirmed; and distribution will be
ordered according to the enclosed Statement of Proposed Distribution.
If you have no objections to the enclosed, you do not need to appear in court at the
time of confirmation.
Date: January 12, 2009
NOTICE TO:
Dennis Victor Landi
607 Brad Street
Shippensburg, PA 17257
Gerald Anthony Landi
21336 Comus Court
Ashburn, VA 20147
Wayn .Shade
Attorney for Accountant
IN RE: ESTATE OF
BRUNA MARIE LANDI,
Deceased, Late of the
Borough of Shippensburg
Cumberland County, Pennsylvania
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-OS-87
STATEMENT OF PROPOSED DISTRIBUTION
The Executor proposes to distribute the entire balance of the Estate for distribution
under the provisions of Item Second of the Last Will and Testament of the decedent, as
follows:
1. Dennis Victor Landi
2. Gerald Anthony Landi
TOTAL
$3,089.23
3,089.22
$6,178.45
I, DENNIS VICTOR LANDI, Executor of the Estate of Bruna Marie Landi,
Deceased, hereby declare under penalty of perjury that the foregoing Statement of
Proposed Distribution is true and correct to the best of my knowledge, information and
belief
Date: January 12, 2009
Dennis Victor Landi
WAYNF. F. SHADE
Attorney at Law
53 Wesl Pomfret Street
Carlisle, Pennsylvania
17013
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