HomeMy WebLinkAbout07-10-09~~~
Register of Wills of Delaware County, Pennsylvania
Petition for Grant of Letters
ESTATE OF PETER J. MESSINA
also known as (no aliases) ,Deceased
No. 2309-0926
Social Security No. 172-14-7090
ELIZABETH SWEEDO (JULIA MESSINA NAMED EXECUTRIX, HAVING DIED: 2-5-2007) C
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Patitloner, who is 18 years of age or older, applies for: ~ ~
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^ A. Probate and Grant of Letters Testamentary and aver that Petitioner is the ~~ ~ _
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alternate executrix named in the last original Will of the Decedent dated 9-7-19~~ 3 T'
and codicil(s) dated (no codicils) yv "a ;- .
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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 documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated:
NA
^ B. Grant of Letters of Administration
d.b.n.c.t.a.; pendente life; durante absentia; durance minodtate
Petitioner after a proper search has ascertained that Decedent left no Will and was survived by
the following spouse (if any) and heirs:
Name Relationshi Residence
Decedent was domiciled at death in HAVERFORD TOWNSHIP, DELAWARE CO., PA, with his/her last
family or principal residence at 815 BEECHWOOD DR., HAVERTOWN, PA 19083
Decedent, then 89 years of age, died March 19, 2009, at DELAWARE COUNTY MEMORIAL HOSPITAL,
HAVERFORD TWP., DELAWARE CO., PA
Decedent at death owned orooertv with estimated values as follows:
All personal property $411,000.00
Value of real estate in Pennsylvania $100,000.00
situated as follows: 27 FIELDCREST DR. MECHANICSBURG, PA 17050 ($100000)
Wherefore, Petitioner respectfully requests the probate of the last original Will and Codicil(s) presented
with this Petition and the grant of letters in the aoorooriate form to the undersigned:
Si nature T ed or tinted name and residence
ELIZABETH SWEEDO
5156 ROUTE 873
SCHNECKSVILLE, PA 18078
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of Delaware
2309-0926
The petitioner(s) above-names 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 I admini~ ter t t according to law:
Sworn to or affirmed and subscribed n
before me this 16th day April, 2009 y
Letters Granted: ~- /~D -~
No. 2309-0926
Estate of PETER J. MESSINA, Deceased
Social Se/curity No.: 172-14-7090 Date of Death: 0 311 9/2 0 0 9
AND NOW, -~ / ~ O in consideration of the Petition on the reverse side
hereon, satisfactory prop having been resented before me, IT IS DECREED that Letters
~ Testamentary ^ of Administration
are hereby granted to d.b.n.c.t.a.: pandente Iite; durente absentia; durente minodtate
ELIZABETH SWEEDO
in the above estate and that the instrument(s) dated 9-7-1999
described in the Petition be admitted to probate and filed of record as the last original Will of Decedent.
ORIGINAL PROBATE FILING FEES
Letters ..................... $512.00 //~f~
Short Certificate(s)..... $100.00 ~
Renunciation............ $0.00 Chief Deputy Register of Wills
Affidavits .................. $0.00 Attorney Signature:
Bond ....................... $0.00 Attorney Name:
Codicil ..................... $0.00 I.D. No.:
JCP Fee .................. $10.00 Address:
Inventory ................. $20.00
Debts & Deductions... $20.00
Other ...................... $15.00 Telephone:
ORIGINAL TOTAL
PROBATE FEE.... $677.00
Description of "Other" fees above:
JEFFREY R. DIMMICH ESQ.
18511
2970 CORPORATE COURT
SUITE 1 OREFIELD, PA 18069
(610)398-1800
Register of Wills
Certificate of Grant of Letters
No. 2309-0926
ESTATE OF PETER J. MESSINA
also known as:
(no aliases)
Social Security No. 172-147090
WHEREAS, on the 16th day of April 2009 instrument(s)
dated 9-7-1999
was admitted to probate as the last will of PETER J. MESSINA
late of HAVERFORD TOWNSHIP who died on the 19th day of March, 2009 and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, HUGH A. DONAGHUE, ESQUIRE, Register of Wills in and for the
County of Delaware, in the Commonwealth of Pennsylvania, hereby certify that I have this
day granted Letters of Testamentary to
ELIZABETH SWEEDO (JULIA MESSINA NAMED EXECUTRIX, HAVING DIED: 2.5-2007)
who has duly qualified as ALTERNATE EXECUTRIX and has
agreed to administer the estate according to law, all of which fully appears of record in my
Office at Media, Pennsylvania.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my
Office on the 16th day of April, 2009.
(~~~ ~ri.
Chief Deputy Register of wills
LAST WILL AND TESTAMENT
OF
PETER J. MESSINA
I, PETER J. MESSINA, Social Security Number 172-14-7090, of the Commonwealth of
Pennsylvania, declaze that this is my LAST WILL AND TESTAMENT and I revoke all other
wills and codicils previously made by me.
I. I appoint my wife, 7[JLIA MESSINA, as my Personal Representative concerning this
Will. If my wife is unable or fails to serve, I then appoint my daughter, ELIZABETH
SWEEDO, of Pennsylvania, to serve as my Personal Representative. If my daughter,
ELIZABETH SWEEDO, is unable or fails to serve, I then appoint my son-in-law, WALTER
SWEEDO, of Pennsylvania, to serve as my Personal Representative.
A. I request that my Personal Representative be pemutted to serve without bond or
surety thereon and without the intervention of any court, except as required bylaw. 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, Iappoint 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 mazker 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 home by the principal of my residuary estate,
without regazd 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
maybe practicable, and to pay or deliver every legacy or bequest to my beneficiaries without
waiting any time that may be believed to be customary in probate matters.
Last Will and Testament of PETER J. MESSINA
~\ Page 1 of 4 ~ `
E. I have served in the Armed Forces of the United States. Therefore, I duect my
Personal Representative to consult with a Legal Assistance Attorney at the neazest militazy
installation and with the Department of Veterans Affairs and the Social Security Administration
to ascertain if there are any benefits to which my family members are entitled by virtue of my
military service.
F. 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.
II. 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 my wife, JULIA
MESSINA, as her sole and absolute property if she shall survive me.
III. In the event that my wife, JULIA MESSINA shall not survive me, to my daughter,
ELIZABETH SWEEDO, I give the following: my house at 27 Fieldcrest Drive, Mechanicsburg,
Pennsylvania 17055, my household goods, my jewelry, and all my personal effects.
IV. In the event that my wife, 7CTLIA MESSINA shall not survive me, I give, devise and
bequeath, absolutely and forever, all of the remainder 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, in the following manner:
A. To my daughter, ELIZABETH SWEEDO, I give fifty percent (50%) of my estate.
B. To my grandchildren, LARA SWEEDO, MARIA SWEEDO, NICHOLAS SWEEDO,
REBECCA JOHNSON and MICHAEL MESSINA, I give each a ten percent (10%) share of my
estate.
C. If any of the persons named in this pazagraph shall not survive me, then the share of
that deceased person shall go to the descendants of that person, who aze to take per stirpes and
not per capita. If any of the persons named in this paragraph shall not survive me and shall not
be survived by any descendants, then the shaze of that deceased person shall be distributed to
those persons named in this pazagraph and the descendants of any of persons named in this
pazagraph who fail to survive me, in the manner set forth above.
D. If they are unable to agree, the division among of the persons named in this pazagraph
and the descendants of the persons named in this paragraph 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 of the persons named in this paragraph in
substantially equal shares. Any determination of my Personal Representative as to what should
Last Will agd Testament of PETER J. MESSINA
Page 2 of 4
pass or be sold under this pazagraph and to whom it should pass or be delivered or at what price
it should be sold shall be conclusive.
V. 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. Insofaz 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. I have intentionally failed to provide
for my daughter, Rosalie Bowman of New York, my son, Peter 7. Messina, Jr. of Pennsylvania,
and my grandchild, Angela Messina of Pennsylvania in this Will.
VI. Any beneficiary who fails to survive until One hundred and Twenty (120) hours after
my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be
disposed of accordingly.
VII. The term "Personal Representative as used in this Will shall have the same meaning
as Executor, Executrix, Independent Executor, or any other title of like import which is used to
describe such a fiduciary.
VIII. In addition to any powers granted by the laws of the jurisdiction 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 regazd to my property. If any of my fiduciaries elect to receive
compensation for services, such compensation will be that allowed by law.
IX. If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my
intention that the remaining parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court instructions for the purpose of
carrying out as nearly as may be possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
Last Will and Testament of PETER J. MESSINA
Page 3 of 4
This document was prepazed under the authority of Title 10 U.S. Code, section 1044, and
implementing military regulations and instructions, by JONATHAN HOWARD, a member of
The Judge Advocate Legal Service, United States Army, who is licensed to practice law in The
State Of Georgia.
IN WITNESS WHEREOF, I have at Mechanicsburg, Pennsylvania, on 7
set my hand and seal to this my LAST WII,L AND TESTAMENT, consisting of 4 typewritten
pages, each page bearing my handwritten signature.
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(SEAL)
P R J. MESSINA
The foregoing instrument was, at Mechanicsburg, Pennsylvania, on 7 /~
signed, sealed, published and declared by PETER J. MESSINA, the testator, to be his LAST
WILL AND TESTAMENT in the presence of all of us at one time, and at the same time we, at
his request and in his presence and in the presence of each other, have hereunto. subscribed our
names as attesting witnesses, and we do so verily believe that the said testator is of sound and
disposing mind and memory at the date hereof.
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Last Will and Testament of PETER J. MESSINA
~~ Page 4 of 4
I, PETER J. MESSINA,-the testator, sign my.name to this~instiument on ~ ~ ~9q~
and being first sworn,. declare to the undersigned authority that I sign and execute this instmmen ate s my last vt•ill,
. that I sign it willingly or willingly duect another to sign for me, that I execute it as my free and voluntazy act for the
purposes therein expressed, and that I am eighteen yeazs of age or older, of sound mind, and under no constraint or
undue influence.
R J. MESSINA
ACKNOWLEDGMENT
I, PETER J. MESSINA, 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; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
(SEAL)
PE J. MESSINA
AFFIDAVIT
We, ~o5t? IQ OC7Z- /r't/~G ,and Sld ~ !t- cl.An G 4a the
witnesses, sign our names to this inst[ument, being duly qualified accordin 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 &ee 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.
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of (/~// d.[o . 1~ ~ 70 / of NG e ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Subscribed, swom to and aclgrowledged before me by PETER J. MESSINA, the testator, and subscribed and
swom to before me by ~OS/7 FAQ G+~ ~L-,~r:JPq and
4Nrrtl.l9e rtilk.AU FF4 they~w-itnes`ses,on ~~i, /999
(SIGN) ~.Gb~ ,C,~ ,.,/~
(P~ ~c~ru ~/~~. STAn/d z iQG
NOTARY PUBLIC Notarial Seal
Betty R. Standridge, Notary Publicy
My Commission Expires: ~ Carlisle Boro, CumbeslMa 14u 2001
mmisswa-EzP Y
nn~M~+~ Pennsylvania Association o' Notaries
Last Will and Testament of PETER 7. MESSINA
Witnesses Attestation and Self-Proving Clauses
State of Pennsylvania l
f SS:
Delaware County
I, HUGH A. DONAGHUE, ESQ., Register for the Probate of Wills
and Granting Letters of Testamentary and Clerk of Orphans'
Court in and for Delaware County, State aforesaid, and as such,
the keeper of records of said office, do hereby certify that the
within and foregoing is a true copy of the original
as the same now remain of Record, in the Register's Office in and for the County of Delaware aforesaid. That
the attached is a complete copy of the entire record of the Probate proceedings. No revocation of said Letters
appears on record.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said office, at Media, this 1st
day of July, 2009.
i
Register of Wills and Clerk of Orphans' Court Division
State of Pennsylvania
SS:
Delaware County
I, JOSEPH P. CRONIN JR., President Judge of the Orphans' Court of Delaware County, do certify, that the
foregoing certificate and attestation, made by HUGH A. DONAGHUE, ESQ., Register of Wills and Clerk of said
Orphans' Court, whose name is thereto subscribed and seal of his office affixed, are in due form and made by
the proper officer.
In Testimony Whereof, I have hereunto set my hand this 1 st day of July in the year of our Lord two thousand
and nine.
t3-ezt u.~-+- Y /Z
Presi ent Ju ge
State of Pennsylvania
SS:
Delaware County
I, HUGH A. DONAGHUE, ESQ., Register of Wills and Clerk of the
Orphans' Court Division of the Common Pleas Court of Delaware
County, do certify, that the Honorable JOSEPH P. CRONIN JR.,
by whom the foregoing attestation was made, and who has
thereunto subscribed his name was, at the time of making thereof,
and still is, President Judge of the Orphans' Court Division of the
Common Pleas Court of Delaware County, duly commissioned
and sworn, to all those acts, as such, full faith and credit, are
ought to be given, as well in Court of Judicature as elsewhere.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of the said Court, this 1st day of July in the year of
our Lord two thousand and nine.
,~ ~ ~~1,_._-
Register of Wills and Clerk of Orphans' Court Division
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DIMMICH & DINKELACKER, P.C.
Attorneys-At-Law
2970 Corporate Court, Suite 1
Orefield, PA 18069
610-398-1800
Fax 610-398-8304
E-mail: Vickie@Ivlawpractice.com
Jeffrey R. Dimmich
Thomas H. Dinkelacker
David C. Najarian n
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July 7, 2009 T'~c~
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Register of Wills
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Cumberland County Courthouse ~c~~~ i ~ ~ `,~;
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Carlisle, PA 17013-3387 rv ~' <-~
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RE: Estate of Peter J. Messina
Dear Sir/Madam:
Enclosed please find Exemplified Letters Testamentary that were issued by the Register
of Wills of Delaware County that we wish to file with your office. Also enclosed is a check from
the Estate of Peter Messina in the amount of $20.00 to cover the cost of the filing fee.
Would you kindly return a receipt for the filing fee in the self-addressed, staniped
envelope that has been provided.
In the event that you have any questions concerning this matter, please feel free to contact
me.
Very truly yours,
DIMMICH & DINKELACKER, P.C.
Vickie A. Beller
Est to Paralegal
Enclosures