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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-- ~,-~~ .._ _. --r _._, ~, ~` ..' .~ _ (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ _-_"1 t.~ ". , 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 }-~ ~ ~ t -..:.y C,~~L ~„ r ""~ f.... ~' File Number: ~/ ~ - ~~ - (") ~ (~S Estate of Joseph R. Carricato ,Deceased w N _1. ~ ._. ~....~ ,-_-1 r-~-~, ,.-~~~ T ~ '''..+ (~_ -,~-, 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 i1V C~ ~' c o ~ -~~~~ %~~~ . ~..t~.1 ~_:1 • t_ A ~ ..:. _..i 1 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS _ ~ -{ 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 ilee (q reila ive at iri District Su iso Ice Cream Manuf ^Yea ®No E~rt.ryis2.cor~ iat2) cotygs (1r a s,) ~••d~ D^'~(SV•~'iM , g a ert merry) 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 - Twp l and na ^ tb,Dec.darlt.ivadwithin - - 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 St ® 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 r rom an Was GelttNion a Donagon Authafnd ^ Oq ier B Sv~r: ~r rleat:r Exandrter~Corprst ^ Yee ^No August 1, 2009 Gate of Heaven Comet aca on fGY /best, shoe, zip oo0e- 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 Lkwree tdrerrber anily cause d deagr . 23c. Day Sigryd (Male, ley, year) -,-„ Kerns 2426 mwi De congNled by person 24. Tana a Death 25. Day Prarourad (MadA da sa) ~ who proriowtcea death. i_ P M. , y, y 26. Was Case Retared b Medical Examkwr / Ceray e bra t)gta gtan a Donetiat4 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 l Approxinray irdavW: t ^ Yes ^ No Pan q: Enter agter .. . tJeag 7 ~ ar rsspiratay arrest. a veranculer NbrlNatbn wgtaut stawirtg qte etbbgy. List ady aw ease m each Tine. res , s Onset b Dean s reeuNrq Yt qr but nd atdeArirp tetras given n Pan L t [] ^ Npabh 1yMEpA ASE ~~nal ('~ -•{ A 1 carddon rcwIM3 h deMh) ~~,' a. I N ~( N, 1 1 Q 1 V r r l ^ eb ^ Ilraawrrn - „ to a9 . "na''`" l C14~i-(~ ~ Sl1yE I'~ r~~(~ ~nwgy ea carbd«a, ~ em, b. v ~ Lv t~, ~., ib Tti-~ea v~.. b caaw hied tint tine a. Dw b Ena UNDEI ; t~ ~ D L t'Y1 ~I V11 ~ pregnara widtwt paq yea ^ Praptad a tiros a aegt LLYM4Q CAUSE (a es a consequence oQ. (bse.css ur tltal irwWVd qw Made retu~p Yn death) LAST. c ~ r r - ^ No1 pregnen, but geprwra watwr 4Z Jaya b (a u e d): ~ , d aswh C ~ y-~ d. _ 7 `~ ~ ~~~ ~ V 1 ~ 1 ^ Nd gagteM. but pagrtrM q drys b 1 yea 30 W ~ bebre death ^ a as an Autopsy PeAormed7 30b Were Autopsy Firtdirrgs A il bl P i 31 M arrn er d Death 32a Dak d NijitrY (MaAh. ley, Year) 32D. Dseaibe tbw Mjay Oaurrad Urdarown y pregtw~l wilhn qw Exist Yar va a e r or b Cmtplelicn d cause of DeaN9 ,-- , / 1 jl~ra ^ -Imwide 3Yc. ~ ~ ~~r) ~, papp),, ^ Y•s (~ ^ Yes [] No ^ Aaxlart ^ Pertdirtp InveaUgadort 32d. TYna d bijtay 32a. Yt)ury, tl Wakt 321. q TwiapagYat WWY (Sp•a'~Y! 32g. Lacalbn d k11iaY (SeeN, oily /bast, slay) ^ Suiacb ^ Coale t4d be DeynrtMted I-I Yee I-1 Ne ^ Onver / Opaata ^ Paseataar I-IPedesaiert r nGet (dreck my aN) a and Tiled ' iw ~ ~aYbi phyaklw tPhY~an arWyaq cause of dwlh when anodic physician has prortoixiad death and cortpleyd Man 23) . ~~ To iM beat a sty tawwydge, deah ocr:urnd eta b the auee(q aW nwawr a ayyd_ _ _ _ _ _ - - P1O1t0°^c~ •m angying physlclen IPhyskien boat pranotncng deals and canaye,g w cans. d death) To qr bawl a ray talowydge, dent acunad r the Woe, day, and plan, and dtta b Ote pluse(s) end tltama as ataed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33c L Number 330.Oay (abrap, ley, yeer- • Medal ExeraMter / Caana - - M 0 ~' ~ ~ ~ 33 ~ a ~" Q 9 ~ On dre basis a exemhutbn and / a bvestigelion, in my opinion, death acwrad at the time, day, and plea, and dw to dre rawe(e) ertd muaair to trWed.. ^ 3{. Name end Addroas sds//~~Per~~son Nqq CornpyUO Cava d 27) Typo/..P,/dn~t) ~.y~ ~ : s Signature and Oislrict Number 36 DaMFNd (Madh, ley, yea) ~ ~ ~~ a`7 N1~ V ~ ' D~~' J - -' ' • ~ ~.i i i ~ i ~ i a i Ju g ~0 3 ~ .~.~ R,o ~ oisposdbn PemW N~. 0"389562 ~~ t'~1 ~ ~~11.~~ V' V' llllll ~i1.Il71~ ~c~~~~,Il1Y11(~IC]1¢ 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. z, ~: '~} ~~.... r F~ ..~ ~ ~I ` j ` ' ~ . 1 ,-, r ~ ' Page 1 ~, ~~~ _ . : _ ~~- ~ ~ ~ 1',.. 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) ~y l , Residing at X `/ ~.~ Q ..~ Residing at ~ _ ~ . ~,o-h.~ 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 A ~7,1~~t109