HomeMy WebLinkAbout03-31-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Carmelo B. Giorgio, Jr.
also known as
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
COUNTY, PENNSYLVANIA
File Number ~ ~' lJvl _ O ~(~ 2
Deceased Social Security Number 438-20-1841
^/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the
last Will of the Decedent dated February 22, 2006 and codicil(s) dated
Executrix
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:
^ B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente lite,~ durante absentia; durante minoritate)
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.)
Decedent, then 81 years of age, died on March 25, 2006 at 1020 Tiverton Road, Mechanicsburg, PA 17050
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~j ~~~j ~
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania c
situated as
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:
Suzanne G. Bonhage, 1020 Tiverton Road, Mechanicsburg, PA 17050
Form RW-01 rev. 10.13.06 Page 1 of 2
(COMPLETE INALL CASES:) Attach additional sheets if necessary. -,-, _~ !
Decedent was domiciled at death in Cumberland -- -~ ~ i
County, Pennsylvania with his /her last principal-~sidbnce at
1020 Tiverton Road Mechanicsbur PA 17050
(List street address, town/city, township, county, state, :ip code)
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.
Swc~ni to or affirmed and subscribed
before me the ~~ day of
~~- ~ ; ~.- C~ -
For the Register
Signature of Personal Representative ,---}
Signature of Personal Representative _'
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File Number: ~ I - Dq ` C~3v ~. , r. ~ i ~ -
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Estate of Carmelo B. Giorgio, Jr. ''~
Deceased
Social Security Number: 438-20-1841 Date of Death: March 25, 2006
AND NOW,'` Lcty-c,`.._. ( , ~_~ in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Suzanne G. BonhaQe
in the above estate
and that the instrument(s) dated February 22, 2006
described in the Petition be admitted to probate and filed of record as the last W4i11(and Codicil(s)) of Decedent
FEES
Letters ............... $ ~ 3 ~ . i ~
Short Certificate(s) ........ $ (z • pQ
Renunciation(s) .......... $
Y~1 1 LL ... $ ~s ~ IUC~
-~~~ ... $ 10,t~
... $
... $
... $
... $
... $
... $
TOTAL .............. $ I ~ `7 ~ p e~9
Register of Wllls
/~
Attorney Signature: ~,Ict,~' (,~, ~ I, , ,r Q,
Attorney Name: Craig A. D°ehl, Esquire, CPA
Supreme Court I.D. No.: 52801
Address: 3464 Trindle Road
Camp Hill, PA 17011
Telephone: 717-763-7613
Form RW-02 rev. !0.13.06
Page 2 of 2
LAST WILL AND TESTAMENT
OF
CARMELO B. GIORGIO JR.
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I, Carmelo B. Giorgio, Jr., now or formerly of Mechanicsburg, Cumberland
County, Pennsylvania, being of sound and disposing mind and memory, do make, publish
and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils
by me at any time made.
ITEM I: I direct that all inheritance and estate taxes becoming due by
reason of my death, whether such taxes may be payable by my Estate or by any recipient
of any property, shall be paid by my Executor out of the property passing under this Will,
which is not specifically devised or bequeathed, as an expense and cost of administration
of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for
any such tax paid by my Executor even though on proceeds of insurance or other
property not passing under this Will.
ITEM II: I hereby exercise all powers of appointment which I may have at
the time of my death in favor of my Executor, and all property subject to all such powers
shall be included in my Estate.
ITEM III: A "Special Death Benefit" Distribution from Bell South (if any) shall
be divided equally between my two (2) daughters: Suzanne G. Bonhage of Pennsylvania
and Saundra G. Pearson of Louisiana.
ITEM IV: I give and bequeath all my household furniture and furnishings,
automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all
other like articles of household or personal use and adornment to my children, Suzanne
G. Bonhage of Pennsylvania; Saundra G. Pearson of Louisiana and Wayne B. Giorgio of
New Hampshire, per capita.
ITEM V: I give, devise and bequeath all of the rest, residue and remainder
of my property, real, personal and mixed, to my children, if they survive me, per capita.
ITEM VI: In the settlement of my Estate, my Executor shall possess,
among others, the following powers to be executed for the best interest of the
beneficiaries:
(a) To sell, either at public or private sale and upon such terms and
conditions as my Executor may deem advantageous to my Estate, any or
all real or personal estate or interest therein, whether owned by me
severally or in conjunction with other persons or acquired after my death by
my Executor, and to consummate said sale or sales by sufficient deeds or
other instruments to the purchaser or purchasers, conveying a fee simple
title, free and clear of all trust and without obligation or liability of the
purchaser or purchasers to see to the application of the purchase money or
Page 2 of 8
to make inquiry into the validity of said sale or sales; also, to make, execute,
acknowledge and deliver any and all deeds, assignments, options or other
writings which may be necessary or desirable in carrying out any of the
powers conferred upon my Executor in this Paragraph VI (a) or elsewhere
in my Will.
(b) To pay all costs, taxes, expenses and charges in connection with
the administration of my Estate. My Executor shall pay expenses of my last
illness and funeral expenses.
(c) To distribute my Estate in kind or in money. If any assets are
distributed in kind, they shall be distributed at their respective value(s) on
the date(s) of their distribution.
(d) To retain any investments I may have at my death so long as my
Executor may deem it advisable to my Estate so to do.
(e) To vary investments, when deemed desirable by my Executor
and to invest in such bonds, stocks, notes, money markets, real estate
mortgages or other securities or in such other property, real or personal, as
he shall deem wise, without being restricted to so-called "legal
investments."
(f) To mortgage real estate and to make leases of real estate.
Page 3 of 8
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(g) To borrow money from any party to pay indebtedness of mine or
of my Estate, expenses of administration or inheritance, legacy, estate and
other taxes.
(h) To vote any shares of stock which form a part of the Estate and
to otherwise exercise all the powers incident to the ownership of such stock.
(i) In the discretion of my Executor, to unite with other owners of
similar properly in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of the Estate.
Q) To distribute my personal property directly to the Guardian of the
person of any minor beneficiaries hereunder.
(k) To elect such settlement options as deemed most appropriate by
my Executor with respect to any pension, profit sharing or other retirement
plan in which I am a participant.
(I) To do all other acts in the judgment of my Executor necessary or
desirable for the proper and advantageous management, investment and
distribution of my Estate.
ITEM VII: Any person who shall have died at the same time as Testator or
m a common disaster with him, or under such circumstances that it is difficult or
impossible to determine who died first, shall be deemed to have predeceased him.
ITEM VIII: If, at any time, any minor child or disabled person shall be
entitled to receive any assets hereunder, Suzanne G. Bonhage of Mechanicsburg,
Page 4 of 8
Pennsylvania, shall act as Guardian of the assets payable to such person. Said Guardian
may receive and administer all assets authorized by law and shall have full authority to
use such assets, both principal and income, in any manner said Guardian shall deem
advisable for the best interest of such person, including college, university, post-graduate
or other education, without securing court order. Said Guardian shall have all the rights
and privileges as to the Guardianship and the assets thereof as are herein granted to my
Executor as to my Estate and the assets therein.
ITEM IX: I nominate, constitute and appoint my daughter, Suzanne G.
Bonhage, to be my Executrix (herein referred to as "Executor"). My Executor and
Guardian are specifically relieved from their duty or obligation of filing any bond or bonds.
IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will
and Testament, consisting of this, the next three (3) pages and the preceding five (5)
pages this ~r~ day of February, 2006.
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Carmelo B. Giorgio, Jr. ~°
Page 5 of 8
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
Testator, Carmelo B. Giorgio, Jr., as and for his Will, in the presence of us, who, at his
request, in his presence and in the presence of each other, have hereunto subscribed our
names as witnesses in attestation thereof.
5115 East Trindle Road
Mechanicsburg, PA 17050
..__~
of
-~ ~ 1020 Tiverton Road
Mechanicsburg, PA 17050
Page 6 of 8
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.:
I, Carmelo B. Giorgio, Jr., the Testator 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 that I signed
it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or aff~rmed and acknowledged before me by Carmelo B. Giorgio,
Jr., the Testator, this Z2s~ day of February, 2006.
T.
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'G° ,F i ~ L
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f Notary Public
My Commission Expires:
(SEAL)
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Page 7 of 8
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS..
We, Margaret A. Fenstermacher and Suzanne G. Bonhage, the witnesses
whose names are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw the Testator sign and
execute the instrument as his Last Will; that the Testator signed willingly and executed it
as his free and voluntary act for the purposes therein expressed; that each subscribing
witness, in the hearing and sight of the Testator, signed the Will as a witness; and that to
the best of our knowledge, the Testator was at that time 18 or more years of age, of
sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by Margaret A.
Fenstermacher and Suzanne G. Bonhage, witnesses, this~~"G day of February, 2006.
Witness
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Witn ' s
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Notary Public
My Commission Expires:
.__(SEAL)
~ A. NOTARIAL SEAL "'~
Mechanic ~o%. cur~berlerttl~ P~,S:., ,
Corrunlssion ~plres June 1, 20
Page 8 of 8