HomeMy WebLinkAbout08-20-09PETITION FOR PROBATE AND GRANT OF LETTERS
KEGISTER OF WILLS OF COUNTY, PENNSYLVANIA
Estate of G.f~IEUt- ~. ~~S LE~J
also known as
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for;
(COMPLETE A' or 'B' BELOW.9
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the .I V ~'V °"- y~A~ D A W N (named in the
last Will of the Decedent dated ~~ 2U ~ O P, and codicil(s) dated
(State relevant cirtumstancet, e.g.,
File Number ~/ ~ ~~~ ~~~
Social Security Number 13 ~ '- S~9 ~ (o ~~
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Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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. Crant o[ Letters of
(lfapp(icable, enter: c.t.a.; d.6.n.c.t.a.; pendente (ire; durante absemin;
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived 6y the following
Administration, c.t.a, or d.b.n.c.t.a., enter date ojWill in Section A above and mmplele list ojheirs.)
(COMPLETE IN ALL CASES:) Attach additional sheets if n1ecessary.
Decedent was domiciled at death in Cv w, y¢t ~a..r ~ _ Covntv. Pennsvlv~rria with his /her last
street address, town/ciry, fowuhip, county, stale,
residence at
Decedent, then ~ years of age, died on S' U at c-~FJ N.y CAL S SON S C l e'VO L~ ( f" ~ (~ Z"~
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ t ZO t C)y CJ
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows: C/Ut(CI t.4 t.SSUNI C.~ L/w~-+4 ~~ \'~10'~-~~
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 forth to
the undersigned:
Si nature T ed or rioted name and residence
('-1/ltl.-d~dZaA __._. ~! GJ>-t S DNS C.~C- C.v6Li4 !'~. 1-ld O`I
Forst RW-02 reg. ro.(i.oe Page 1 of 2
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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 15659567
Certification Number
This is [o certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registraz. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
ocal Registrar ate Issued
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L1~ST YltILL AND T~STI~M~ENT ~~~ °
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~~KOL fit. ~'~SL~Y
I, CAROL A. PASLEY, of Enola, Cumberland County, Pennsylvania, being of sound
and disposing mind, memory, and understanding, do hereby make, publish, and declare this to
be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have
made, including the Will dated May 10, 2000.
FIRST: I give and bequeath to the individuals whose names aze set forth in the
Schedule attached to this, my Last Will and Testament, the respective legacies described on the
said Schedule. I have signed this Schedule in the margin for purposes of identification.
Should any of these individuals fail to survive me by thirty (30) days or should said person for
any reason be unable, or otherwise refuse, to accept the gift, then that gift shall become a part
of my residuary estate.
SECOND: I give, devise, and bequeath all the rest, residue, and remainder of my
Estate, of whatever nature and wherever situate, to my beloved husband, JOHN F.
MADDALONI, so long as he shall survive me by thirty (30) days.
THIRD: Should my husband fail to survive me by thirty (30) days or should he
for any reason fail to take under this, my Last Will and Testament, then I give, devise, and
bequeath all the rest, residue, and remainder of my Estate, of whatever nature and wherever
situate, as follows:
A. Eight (8%) percent to my mother, ANNA D. PASLEY, of Woodbury
Heights, New Jersey;
B. Eight (8%) percent to my brother, THE REVEREND ROBERT C.
PASLEY, of Berlin, New Jersey;
C. Eight (8%) percent to my brother, DAVID A. PASLEY, of Richwood,
New Jersey, so long as he shall survive me by thirty (30) days. Should my brother fail to
survive me by thirty (30) days, or should he for any reason be unable, or otherwise refuse, to
take this share, then I direct that the share to which my brother would have been entitled be
divided, in equal shares, to those of his children who shall survive me by thirty (30) days:
ALEXANDER D. PASLEY, of Richwood, New Jersey; and RACHEL M. PASLEY, of
Richwood, New Jersey;
D. Eight (8 %) percent to my brother, JAMES A. PASLEY, of Woodbury
(`~ Heights, New Jersey;
E. Eight (8%) percent, in two equal shares, to my father-in-law, DOMINIC
~~ J. MADDALONI, of Reading, Pennsylvania and to my mother-in-law, JEANNE
MADDALONI, of Reading,. Pennsylvania, or to whichever one of them shall survive me by
thirty (30) days;
F. Eight (8%) percent to my brother-in-law, NICHOLAS MADDALONI,
of Annville, Pennsylvania;
G. Eight (8%) percent to my brother-in-law, JOSEPH M. MADDALONI,
of Reading, Pennsylvania;
H. Eight (8%) percent to my brother-in-law, JAMES MADDALONI, of
San Francisco, California;
I. Twelve (12%) percent to the NATIONAL CANCER COALITION,
located in Raleigh, North Carolina;
7. Twelve (12%) percent to SAINT JUDE'S CHILDREN'S RESEARCH
HOSPITAL, located in Memphis, Tennessee;
K. Six (6%) percent to SAINT JOHN OF GOD SCHOOL FOR
RETARDEb CHILDREN, located in Westville, New Jersey;
L. Six (6°l0) percent to ABILITIES CENTER OF SOUTH JERSEY, located
in Westville, New Jersey.
In the event that any individual named above fails to survive me by thirty (30) days,
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unless otherwise specified, then the share given to such beneficiary shall lapse and this share
shall be divided equally among the four charities listed in subparts I through L above.
`• FOURTH: My brother, JAMES A. PASLEY, has special needs and will require
assistance in managing any bequest. I direct that my Estate as given to my brother, JAMES A.
~, y~ PASLEY, in Paragraph SECOND, subpart D, of this, my Last Will and Testament, be given
`®~~? to my Trustee, hereinafrer named, in Trust for the following uses and purposes and upon the
following terms:
A. The net income of the Trust shall be paid to and be applied for my
brother's care, maintenance, education or support at such times as my Trustee shall determine
in his absolute discretion. I specifically direct that the Trustee consider available public
resources, such as Social Security, medical assistance, public assistance, and the like when
making distributions to the beneficiary. Only those sums necessary to supplement these
resources are to be distributed. Should the income from this Trust be insufficient to provide
adequate maintenance, education, or support, my Trustee, in his sole discretion, may invade
the principal for this purpose.
B. I specifically direct that my Trustee shall not be required to segregate the
shares held in Trust in some sepazate accounts prior to the termination of any Trust created
hereunder, but strict accounting shall be made so that only those expenditures relating to the
named beneficiary are charged to that beneficiary. Should the Trust, in the sole opinion of my
Trustee, be or become too small to warrant continuing such fund in trust, or should its
administration be or become impractical for any other reason, my Trustee, in his sole
discretion, may deposit the trust monies in a savings account in a savings institution of the
`1` Trustee's choosing, payable to the beneficiary and with the Trustee as custodian on the
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account.
C. This Trust shall terminate upon the death of my brother. At termination,
the accumulated and undistributed principal and income is to be given to my brother, THE
REVEREND ROBERT C. PASLEY. Should my brother for any reason be unable, or
otherwise refuse, to take this money, then I direct that this money be given to my other
brother, DAVID A. PASLEY.
FIFTH: All interests of any beneficiazy in the income or principal of this Estate,
while undistributed and in the possession of my Executor and Trustee, even though vested and
distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
SIXTH: All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be charged generally
against the principal of my residuary estate, without apportionment or right of reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executor, of the non-probate assets such as an annuity or
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executor, in the Executor's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
~~ the non-probate assets.
~~ SEVENTH: In addition to all rights and powers conferred by law, I authorize and
~, empower my Executor and Trustee and their successors, in their absolute discretion and
without necessity of obtaining court approval:
A. To retain any of the investments composing the principal of this trust in
the form in .which the same shall have been delivered to the Trustee whether or not the same be
in the nature and type legal for the investment of trust funds under the laws of the
Commonwealth of Pennsylvania, including the stock of any corporate fiduciary acting
hereunder.
B. To invest in all forms of property (including, but not by way of
limitation, real estate, all types of stocks and bonds, and participations in common trust funds),
without being confined to investments prescribed by statute.
C. To buy investments at a premium or discount.
D. To hold property unregistered or in the name of a nominee.
E. To give proxies, both ministerial and discretionazy.
F. To compromise claims.
G. To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of security holders and to delegate discretionary duties with
respect thereto.
H. To lend to, and buy from, my estate.
I. To borrow and to pledge real and personal property as security therefor.
J. To sell at public or private sale for cash or credit or partly for each, to
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exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
K. To allocate any property received or charge incurred to principal or
income or partly to each, without being obliged to apply the usual rules of trust accounting.
L. To exercise any option permitted by law which they believe to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
foregoing, power and authority to claim administration or other expenses either as income tax
deductions or inheritance or estate tax deductions, without regazd to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate or the trusts set forth herein, even though the effect is to increase the share of one
beneficiary or class of beneficiaries hereunder at the expense of another; and to make such
adjustments, if any, between beneficiaries with respect thereto as they deem appropriate in
view of the nature of the transaction and the amounts involved.
M. When permitted under the Internal Revenue laws of the United States, or
of any state, to join with my spouse in filing a joint income tax return without requiring my
spouse to indemnify my estate against liability for the tax attributable to my spouse's income,
and to consent to any gifts made by my spouse during my lifetime being treated as having been
made one-half by me for the purpose of federal laws relating to gift tax.
N. To distribute in cash or in kind or partly in each.
O. To employ agents, legal counsel, brokers, and assistants, and to pay their
(,`. fees and expenses as they may deem necessary or advisable to carry out the provisions of this
~~, Will or any Trust.
t~ ~ The powers granted hereunder shall be exercisable with respect to all real and personal
\y~1, property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time held by the Trustee and shall continue in full force, even after the
termination. of any trust hereunder, until the actual distribution of all property. All powers,
authorities and discretion granted here shall be in addition to those granted by law and shall be
exercisable without leave of court. However, nothing herein shall be interpreted or construed
to encourage, authorize, empower, or permit the Trustee or Executor to act or cause anyone to
act in a manner contrary to or inconsistent with accepted standards of portfolio diversification
and risk management.
EIGHTH: I nominate, constitute, and appoint the following persons:
A. My husband, JOHN F. MADDALONI, as Executor of this, my Last
~~\
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Will and Testament. In the event of the renunciation, death, resignation, or inability of my
husband to act for whatever reason in this capacity, then I nominate, constitute, and appoint
my brother, THE REVEREND ROBERT C. PASLEY, as Executor of this, my Last Will and
Testament.. In the event of the renunciation, death, resignation, or inability of my brother to
act for whatever reason in this capacity, then I nominate, constitute, and appoint my other
brother, DAVID A. PASLEY, as Executor of this, my Last Will and Testament.
B. My brother, THE REVEREND ROBERT C. PASLEY, as Trustee of the
Trust described herein. In the event of the renunciation, death, resignation or inability of my
brother to act for whatever reason in this capacity, then I nominate, constitute, and appoint my
other brother, DAVID A. PASLEY, as Trustee.
C. To the extent that I may be able to designate a successor to me in my
position as Guardian of the Person of my brother, JAMES A. PASLEY, I appoint my other
brother, THE REVEREND ROBERT C. PASLEY, as successor Guardian of the Person of my
brother, JAMES A. PASLEY. In the event of the renunciation, death, resignation or inability
of my brother to act for whatever reason in this capacity, then I nominate, constitute, and
appoint my other brother, DAVID A. PASLEY, as successor Guardian of the Person.
I direct that no representative named above shall be required to post security for the
faithful performance of his/her duties in any jurisdiction insofar as I am able by law to relieve
him/her of such obligation. Any of my representatives shall be entitled to reasonable
compensation for the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2t1~ day of
MkY , 2008, on this, the ninth of nine typewritten pages. I have also signed the
left-hand margin of the first eight of these pages and the attached Schedule for purposes of
identification only.
~~
OL A.PASL Y
C.~
SIGNED, PUBLISHED, and DECLARED by the Testatrix, CAROL A. PASLEY, as
her Last Will and Testament, in the presence of us, who at her request, in her presence, and in
the presence of each other, have hereunto subscribed our names as witnesses.
~Sy Ai t u.N~ a.J J~.
„ycf~.i~t t~b~vti, ~1 i~r~-
SCI~IEDULIi Of' S~~CIAL DI:QU~TS T®
LAST 11lILL AND T£STAM~'f ®I"
CA~tOL A. ~*ASL~Y
a. My mother, ANNA D. PASLEY, of Woodbury Heights, New Jersey: my 18 karat
gold bracelet. Should my mother fail to survive me by thirty (30) days, I give and
bequeath my 18 karat gold bracelet to my niece, RACHEL M. PASLEY, of Richwood,
New Jersey.
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ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, CAROL A. PASLEY, Testatrix, whose name is signed to the attached 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.
---
1
.AROL A. PA EY ,; ~-
Sworn or affirmed to and subscribed before me by CAROL A. PASLEY, the Testatrix,
this o1.J~ day of ~~~ , 2008.
`~U/ll.l / l 1.
Notary Publi
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Camp Fe 6ao. QsibMrd G~rKy
by Oonsaeion e~irsOd.27, 2011
damns, reiwisNY~ Msoaatwn a Nourb,
AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and Ann ~.. ~ 1 1~~ ~ ~ _, the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testatrix, CAROL A. PASLEY, sign and execute the
instrument as her Last Will and Testament; that she executed it as her free and voluntary act
for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that
time 18 years of age or older, of sound mind, and under no constraint or undue influence.
Sworn or affirmed to and subscribed before me by J JIlbY`A ~. Wa ~(,A.~ and
A-~Y~ ~„ m ~t'1 ~ ~ _ ,witnesses, this ~d~' day of I~.~J , 2008.
Notary Publ c
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