HomeMy WebLinkAbout07-30-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Joseph R. Carricato File Number ~~ r 0~ ' ~'~ ~s
also known as
,Deceased Social Security Number 172-01-2334
Petitioner(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(s) is /are the Co-Executors named in the
last Will of the Decedent dated May 10, 2006 and codicil(s) dated N/A
(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: N/A
B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~se (if any) a~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.) ~ ~ - ~-.~•
Name Relationshi 1~..._ ';
Resid - . n r-- ~,-~~
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ _-_"1
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Decedent was domiciled at death in Cumberland ~'
County, Pennsylvania with his /her last principal residence at
Bethany Village, Wesley Drive Lower Allen Township Cumberland County Pennsylvania 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 93 years of age, died on July 26, 2009 at Bethany Village, Wesley Drive, Lower Allen Township,
Cumberland County, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $_ l Q- ~ Gp ~
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 0.00
situated as follows: N/A
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:
or printed name and residence
Jeanne Marie Lafferty, 145 Red Stone Drive, York Haven, PA 17370
Michael T. Carricato, 224 Old Cabin Hollow Road, Dillsburg, PA 17019
Form RW-02 rev. 10.13.06 Page 1 of 2
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.
Sworn to or affi`rm''ed and subscribed
before me the 1J ~ day of
.~
or the Register
of Personal Representative
..~~
Signature of Personal Representative i~"--- ~ rn W
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File Number: ~/ ~ - ~~ - (") ~ (~S
Estate of Joseph R. Carricato ,Deceased
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Social Security Number: 172-01-2334 Date of Death: July 26, 2009
AND NOW, C`~ , in consideration of the foregoing Petition, satisfactory proof
having been presente b fore m , IT IS DECREED that Letters Testamentary
are hereby granted to Jeanne Marie Lafferty and Michael T. Carricato
in the above estate
and that the instrument(s) dated May 10, 2006
described in the Petition be admitted to probate and filed of record as the last
FEES
Letters ............... $o~ ~ O' • U(~
Short Certificate(s) ...~ .... $ ~~ • ~~
Renunciation(s) .......... $
.. $_~ .
... $
... $
... $
... $
... $
... $
TOTAL .............. $~ Z •c~~
Attorney Signature:
Codicil(s))lpf Decedent.
Attorney Name: Elyse E. Rogers ~_/
Supreme Court I.D. No.: 41274
Address: Keefer Wood Allen & Rahal, LLP
635 North 12th Street, Suite 400
Lemoyne, PA 17043
Telephone: 717-612-5801
Form RW-02 rev. 10.13.06 Page 2 of 2
tOS.Rr)t RFV mr/n~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P X5659430
Certification Number
I H105~143RkV117006
Tl'PE ;PRINT q4
PERf.1ANENT
&ACK INK
1. Nana d Oeceden (FusL rtadde, WsL sugix)
Age (Last Birttalay)
wral• I tiers I ttoua lanuNs
This is to certify that the information here given i~
correctly copied from an original Certificate of Deatr
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vita]
Records Office for permanent filing.
~ ~ t0
L cal Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
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~ -{ Ca "'~`~~ ''~Y'j
CERTIFICATE OF DEATH ~ W . ;~-•-,
(See Instructions and exampMs on reverse) ,
STATE FILE NUMBER ~ ,
2. Sax 3. Solid Sewrgy NaMar
_. Mn~c 177 n~ ~ n-•-~. 4. Data a Oeagt (MaWt, daY. Y•a)
- - -- -
Sept. 6, 1915 ~~ °q'""~
3 Yrs. r' tIla, PA ^ kw•Kae ^ ER f OutpdierM ^ DOA
64. Caxuy d Death tic. Ciy, Sao, Twp. d Death ~. F Nursing Mane ^ Residence ^Ogyr ~ Spedy:
edYly Name (q ncl YtetiMaort, give street ertd ratnlDer- B. Was Decedent d Miaparlfe Orlpn7 NO Yea 10. Rep: Anlerian htdien, Bltat, WAN, ak.
Cumberlal7d Lower. Allen Ztap. Bethany Village ~~'' (~»
11 Oecedenys Usual Occ bn Krd d rrak done moat d Ye. oo na syle
Kind d work Kind d Busirteac / krAwitry
12. Was DeadaR ever to tly
U.S. Amwd Faas7
13. DaxiderN's Edta:atlan ( pry hf~wsl grade
~Ipaed) ~.b.)
1<. Magsl Stahw: Minded Nwar Married,
1s. SwivYtg Spo White
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iri
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16. Deceden's Haling Address (Sheet, ctity / bwn, state, zrp code)
Daadenl's Widaa~ed
5225 Wilson Lane AdtrelRaaidatce ne.Syy Penns ylvania „~.®Yee,DecedenLivedin T+OWer Allen
MechaniCSbur PA 17055
In. ~r Ct_~rr_~lwr
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16. FaOwr'a Name (First, noddle, lest. sugix) Aduel lJrNb a GM1y / Bono
Michele Carricato 1g. Motlwls Noma (Fall, nddrle, maiden axtrme)
20a. lydormard'a Name (Type /Pmt) 1
R ~~ Santaruia 20b. Ydontterq's Megirrp Addraa (SML aYl / ban. qMe, r!p code)
21a. Momoo d Disposition ^ Crerrlatiori ^ Donaam
anal ^ Removal f
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21b. Dap d oiaposiGa, (Month, daY, Y•~ 455 Oak View Drive Harrisb PA 17112
21c. Plea d OispoaiYm (Nara d arrteyry, irantday a ether t~•) 21a L
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rom
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22a. Signaatn d Serv~a ticertsee a apirtq as such)
22b. tiprre NuniMr
22c. Name tend Addrps d FadlNy Mechariicsbur PA
- 8 Market Plaza Way
Carplae 23a< sty what oarel •
ter na aveilade N yne d 23a. To the d my WwwgdW, death accrrrad at tM time, lyy and plea (Sigrte Yaa and qqe)
23b
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CAUSE OF DEATH (Sea InNrtataons ~lW xempys)
Item 27. Pan I: Enla qta L1)d1~9t EY~{i -diseases, inpnes, a
axttpYcalbns - gnat dkafly caused qN death. DO NOT enyr terminal evens such es cardiac
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OF
JOSEPH R. CARRICATO
I, JOSEPH R. CARRICATO, of Silver Spring Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am a widower, having
been married to EUGENIA T. CARRICATO, who predeceased me. I have ten
children: JOSEPH R. CARRICATO, JR., JEANNE M. LAFFERTY, MICHAEL T.
CARRICATO, JULIUS F. CARRICATO, ANGELA MARIE CARRICATO, MARY
ELIZABETH SANTANNA, PATRICIA A. CARTER, TIMOTHY T. CARRICATO,
THOMAS T. CARRICATO, and JOHN CARRICATO. These are described in this
Will as "my children," or as "a child of mine." Any person born to or adopted by
issue of mine is to be included as issue of mine. Provided, however, no adopted
person shall benefit under this Will unless the order or decree of adoption is entered
before the adopted person attains the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by m
Y
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other propert not assing under this Will.
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Page 1 ~, ~~~ _ . : _ ~~-
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ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness and funeral expenses from the
residue of my estate as an expense and cost of administration of my estate.
ITEM IV: Cash Gift. I give the sum of ONE
THOUSAND ($1,000) DOLLARS to ST. JOSEPH CATHOLIC CHURCH,
Mechanicsburg, Pennsylvania.
ITEM V: Tangible Personal Property.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be
presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
(b) Remaining Tangible Personal Property. I give all of my
household furniture, furnishings, jewelry, silverware, wearing apparel
and all other articles of household or personal use or adornment not
referenced in the written list mentioned in paragraph (a) and all
policies of insurance thereon to my children, to be divided among them
as they shall agree. Should there be no agreement, the Executor shall
divide this property among them in as nearly equal portions as the
Executor, in the discretion of the Executor, deems appropriate, having
due regard to the personal preferences of my children.
ITEM VI: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my children, in equal shares. If
any of my children is not living at my death, the share of my deceased child shall be
paid to his or her then living issue, per stirpes.
Page 2
ITEM VII: Administrative Powers. In addition to the
powers granted' at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Vary Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securities or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribution or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) or other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
Page 3
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e} Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(~ Borrow Money. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of my estate,
expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate.
(g) Pa Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate.
(h) Distributions Without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) Vote Stock. To exercise voting rights with respect to
securities which form a part of my estate, and to exercise all the
powers incident to the ownership of securities.
(j) Reorganize. To unite with ether owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
Page 4
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under athird-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, and to make all tax elections
authorized by law.
(m) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
assets of my estate, without affecting the compensation to which the
Executor is entitled.
(o) Adjust Basis. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
^
~~
Page 5 ,i~
(q) Other Acts. To do all other acts irl the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the estate.
ITEM VIII: Beneficiary Under Age 25. If a beneficiary
under the age of twenty-five (25) years is entitled to receive assets under this Will,
the person who served as Executor of my estate shall retain those assets as
Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors
Act. The Custodian may receive and administer all assets authorized by law, and
shall have full authority as provided in the Pennsylvania Uniform Transfers to
Minors Act to use assets in the manner the Custodian deems advisable for the best
interests of the beneficiary. I also designate the person who served as Executor of
my estate as successor Custodian of any property for which I am custodian under
any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.
ITEM IX: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by pY•oof, shall be deemed to have predeceased me.
ITEM X: Executors. I make the following provisions
with respect to Executors:
(a) Executors. I appoint my daughter, JEANNE MARIE
LAFFERTY, and my son, MICHAEL T. CARRICATO, to serve as
Executors.
(b) Compensation. The Executor shall have the right to
receive reasonable compensation far services rendered and
reimbursement for reasonable expenses.
(c) Standard of Care. No Executor shall be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will.
Page 6
(d) Securitv. The Executor is specifically relieved from the
duty of filing bond or ;entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding six (6) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this ~O day of , 20~~
~ ,
' AL)
OS R. C RICO
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testator as and for his Last
Will and Testament, in the presence of us, who, at his request and in his presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
C ~~ - ~ (SEAL)
~ (SEAL)
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Residing at X `/
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Residing at ~ _ ~ .
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ~~.~.Q~ ) SS:
I, JOSEPH R. CARRICATO, 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
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
/ `
(SEAL)
OS H R. ICATO
Sworn to and subscribed before
me this ~ fit, day of
V,r.c.~,..~ , 2 C1~.
Notary Public
My Commission Expires:
(SEAL) co~c~wi~-~.TM os ~sa~r~.v~u-
NOTARIAL. SEAL
PATRICIA D. Ot.YARNIK. Notary Pu1hNc
Hampden Twp., Cumberland County
Con~rt~ission Expires Z7, 200
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ~~ ) SS:
We, '~ i * and ~ Q
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 Testator, JOSEPH R. CARRICATO, sign and execute the instrument as his
Last Will and Testament; that Testator signed willingly and that he executed said
Will as his free and voluntary act for the purposes therein expressed; that each of us
in the hearing and sight of the Testator signed the Will as Witnesses; and that to
the best of our knowledge the Testator was at that time eighteen (18) or more years
of age, of sound mind and under no constraint or undue influence.
Gam.
;C ~
Witness
Sworn to and subscribed before
me this (~~ day of
.-~~ . ~
Notary Public
My Commission Expires:
(SEAL)
eZo ~
Witne s
C~~~WEALTN OF ~~ri,VAN1A
PATRICIA D. OLA ARNISK~
Hampden Twp C~~ w+bwc
C~-+isaion E ~ C
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