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Home My WebLink About02-23-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of ROSA PINTI 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 ~ ~ ' ~ U ' ~~ Deceased Social Security Number 195-16-4139 ®A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the last Will of the Decedent dated July 16, 2009 and codicil(s) dated N O O - ~ ~~arned~;ip ahe W ~ __ 1~-- '~ 6d ~: -) (State relevant circumstances, e.g., renunciation, death of executor, etc.) C7 C~ '"r'f -;;- _ Z Exce t as follows Decedent did not m p ~ -~ 'l~` i=?~ i p arry, was not divorced, and did not have a child born or ado ted after execution of~itlstrument s~offergd: ~ ~ .,~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: -" ~ ~ W ® B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b.n.c.t.a.; pendente life; durante absentia; durante minoritate) Petitioner(s) after a proper seazch 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.) (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 600 Manor Road. Came Hill. East Pennsboro Township Cumberland County PA 17011 (L~st street address, town/ctty, tawnshep, county, state, zip code) Decedent, then 85 years of age, died on 02/12/2010 at Holy Spirit Hospital, East Pennsboro Township, Cumberland County, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 50,000.00 (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: Form RW-02 rev. 10.13.06 successor Executor Page 1 of 2 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 affirmed and subscribed r before me the day of ,~ytv • '~ F the Register Signature of Personal Representative Signature of Personal Representative ~ c~a _ ~Gr~ W r~- ~`; _; 4~ n u .. - ~+r File Number: by ~ ' / (~ -- (~ ~ ~ ~' ~ ~> -~_-? w Estate of ROSA PINTI ,Deceased Social Security Num(~ber: 195-16-4139 Date of Death:02/12/2010 AND NOW, H ~ ~f , ~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREE at Letters TESTAMENTARY are hereby granted to VICTORIA CAPARELLA in the above estate and that the instrument(s) dated July 16, 2009 described in the Petition be admitted to probate and filed of reco/r/d as the last Will (and Codicil(s)) of Decedent. FEES //~~~~!!''11 . tJQ,I~,~ ~L~~`l~-QfL Letters ............... $ ~O~(/CJ Re Wt11s Short Certificate(s) ........ $ Attorney Signature: Renunciation(s) .......... $ ~ ~~~ ... $ a3 • /°~~ Attorney Name: GRREGO . CHELAP ~~ • • • $-~L~q.-LPL Supreme Court I.D. No.: 78443 Address: Skazlatos & Zonarich, LLP ... $ • • • $ 17 S. 2nd Street, 6th Floor ... $ $ Harrisburg, PA 17101 '•' $ Telephone: 717-233-1000 ... $ TOTAL .............. $ ~O . fr Form RW-02 rev. 10.13.06 Page 2 of 2 I05.805 REV (01/0'7) ~ /_ / /~ ~Q / LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here giver correctly copied from an original Certificate of De duly filed with me as Loc~1 Registrar. The origi certificate will be forwarded to the State V Records Office for permanent filing. P 15935563 Certification Number FEB 1 201Q ocal Registrar Date Issu1led ~ ~ f~v ++~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS 'E !PRINT M CERTIFICATE OF DEATH I (Sea Inwtnectienw weal wvwmeJww ti.........+ ~ 4~ C ~ c, + ~~rn- ~ r~ ;~R rn N r ~ `~ ~- f-.~... `..., ~ ~ ~•. a".! + = , ~ t 3 ' +. Name d perdNy (r34 mldde, W, edkq Rosa Pinti z Br A'1111E FlLE NUM 2 Sadr s.orly feenbw BER 4.Oab d Dean (ebnyl, deY,lwl y - S. Aq tlaef BMeley) Illrr 1 lkidr + 8. DW d Byyt 7. end efts a ye. PYr d Derl ChaA aro 85 '~'"" p"' "°" "'"A" May 13, 1924 ormleysburg PA !,I w. Ipyr 01h"` Yre • , ~ , . IJ y~P•yer ^ ER I OulpelNa ^ DOA ^ Narrq Flonw ^ f+erderee ^ Oyrr - SPedA' Nb fb d d D . y le erh ya CX15 Baro, Twp. d Derh yd. FecMy Nero (N rot erlWtlan, Oyw eyeet eM Nr0•~j 9. Wr DerduN d fyeP•Ida OdOb7 No ^ Yr 10. Reoe: Arteaken kden, Bled4 Wftlb, ek. Cumberl d t" ° ° °`" 'C ° an E. Pennsboro Hol S ~ ' P ' i °" y pirit Hosp. Mrddn PowM Porn eb ) Wh t , , . o 11.Oeoedrfe drak R~ d Ye. Do nal WY 12 Wr~Ded~deaF~ In Cu i9. Oerdsde EduoWm (3P•~Y ~Y Apr Olro conVMf•4) 14. MuIW Slehr Mglled Nwer MenMd~ 15. SuvNNO Spoue (N wNe, 9~• nWden twos( ybla.by~ «r'Y's.aafeerr (o-,zl Dao e t+•4 a sc ° . o r 1.CQ l 2 ) ne e= married ^ Yro E9 Na 1 1y. DetwdNd'eL+•bq AdAw (SbeeL dylbwn, axle.9p aade) Deceder'e OW Deoera Ac9W Fierdw¢s 17e. StW PA 600 Manor Rd. Iheine nc.C7frr,Daaa.au~ab_F._ Pcannahnrn Twp Camp Hf ll, PA 1 701 1 +n. caedy ~umberl and T0M11"'IP' na ^ De~ lAad wlMn ~ d 1a Feywre Nrr I~el mkae, ref rdAq Cnyl Bom 1y. Moyiefe Name (FpeL nrae, melon •Iwrone) Eustachio Pinti Liberat 20e. Mdyrnrr't Nrr (Type I PAH) Victoria A. Ca arella 20b. Ndamenye MMnp Ad6er (ByeeL dy / b•n, ehw, xlp code) 21s. -ietltyd d DhpaeMon I ^ Cremsyon ^ Darotlr ~ B""'' ^ "'"'"""°"'~°' ~ 21b. Der d Ohportlon (AbMA,dry~yrf) 21c. PNraDlepotlrn(NemedrwnrWy,awrobryadM Pleas) 2+d LOaayan ((yry/bwn, ewN, ilp Car) ^ oyrr• I SarnywNCaoer~ ^Yr^No Feb. 19 2010 - y Gate of Heaven Eemeter MechaAlCSbllrg ' ?Za Sgileeea d Servloe (a r ) 22h. Lberw NuMw AA Name end d Feely 1 ~i ~ ~ 011248E usse man FH&C5 Inc.324 Hummel AVe.Lemoyne,PA TOro 23ee aey whr oertlfyyp ~ 23e. To N~bard blor•dy.dwlh aaoeredrtlw Ynw, rb ur Dkr rred. (SlQweee endtlr) 29b. 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Drs 34rd Menlh. rY, fwal yX • ILedlar EaentYrrlCarolrr 1 Y O r 2. 1 d FJ On tlr be~eaeeeeprtlan enela~beY, apydal, reN amrrryr fyrw.dew.aM Pl•M end olwbyw naueye)end mrorrrrebd_ ^ 3L.NU~ end Addire a P aean Who w pry, (1Nm z>) Type / ~ R•d+~ ~ ~'~ ~ / ~ d ~ ~ ~ ~ ~ c~ 'er 1 \ ` 2 ~'F tNLt ~ O~ C d/ L/,tc o ~1 Dteporbn Permy No. U Y~'77, "~ - LAST WILL AND TESTAMENT OF ROSA PINTI I, ROSA PINTI, of 600 Manor Road, East Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and revoke any Wills and codicils previously made by me. ARTICLE ONE Specific Bequests of Tangible Personal Property I give and bequeath all of my tangible personal property, including, but not limited to, all my automobiles, furniture, furnishings, books, pictures, jewelry, china, linen, silver, clothing, household effects and personal effects, and other tangible personal property of like nature (not including cash, securities and other property used for the production of income), together with any existing insurance thereon as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided or not effectively disposed of in any such memorandum or if the law of my state does not permit the use of a memorandum, to my sister, FLORA CAPARELLA (hereinafter my "sister"), if my Sister survives me; or, if my Sister does not sure me, this gift shall lapse and form a part of the residue of my estate passing under ARE TW(~ ~ .~.; v ARTICLE TWO a?n ~ Residuary Estate ~~~ w -~c ~ I give, devise and bequeath all of the rest, residue and remainder of my estatehatev~ nature and wherever situated, as follows: -~--~ ~' :n (A) Three Elevenths (3/11) thereof to my sister, FLORA CAPARELLA, if she ~ survives me by thirty (30) days; or, if my said sister does not so survive me, to my said sister's issue, per capita; (B) Two Elevenths (2/11) thereof to the issue, per capita, of my brother, DOMINICK PINTI; (C) Two Elevenths (2/11) thereof to the issue, per capita, of my brother, GINO PINTI; and (D) Four Elevenths (4/11) thereof to the issue, per capita, of my brother, ANTHONY PINTI. ARTICLE THREE Payment of Taxes I direct that all estate, inheritance and other death taxes (other than generation-skipping transfer taxes), and all interest and penalties thereon imposed by reason of my death with respect to property subject to such taxes by reason of my death, whether such property passes through my probate estate or outside of my probate estate, and payable to any federal, state or foreign taxing authority, whether payable by my estate or by any recipient of such property, shall be paid by the SI~,~3tlLJ~'~[~'~l~~z ~(-~'~~~~~d111 iia.~i' LAST WILL & TESTAMENT OF ROSH PINTI ATTORNEYS AT LAW Page 1 of 7 r=`- _; ,. ,... _; ~'~ c-:~ ~: ~ recipient of such property, and all my legally enforceable debts, funeral expenses and estate administrative expenses, shall be paid by the recipient of such property. ARTICLE FOUR Protective Provisions The principal of my estate and the income therefrom, so long as the same are held by my Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his/her interest in my estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE FIVE Powers of Executor In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executor shall have the following rights and powers exercisable without the need for court approval: (A) Accent and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together with any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. (C) Voting Rights. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. (D) Title To Pro~erty. To register or hold securities and/or other property in the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. (E) Sale, Lease and Other Dealings with Pr~erty. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law, and; to partition, subdivide, improve and impose any restrictions on real :IT~9.~'~t~~&~~9V~~~',d'i l~~ar LAST WILL & TESTAMENT OF ROSH PINTI ATTORNEYS AT LAW Page 2 of 7 estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regard to differences in the income tax basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outright. In any instance where property would be immediately distributable to a beneficiary of a trust, distribution may be made directly to such beneficiary without funding such trust. The receipt of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. (I) Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of A ents. To employ agents including attorneys, accountants, and others to perform administrative duties. (K) Disclaimer. To disclaim any interest in property which would devolve to me or to my estate by whatever means, including but not limited to the following means: as a beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee beneficiary of an inter vivos transfer, as a beneficiary under any insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. (L) Property Distributable to Minors Any property (whether income or principal) distributable to a beneficiary of my estate who is under the age of 21 shall be paid directly to the parent or guardian of such beneficiary, to a custodian selected by my Executor (other than my Executor) under the Pennsylvania Uniform Transfer to Minors Act or under a similar act of any other state, or to persons caring for or having custody of such beneficiary (other than my Executor), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than my Executor) as my Executor may select. The recipient of any such payments by any such person shall be a full acquittance of my Executor as to my amounts paid. ARTICLE SIX Fiduciaries (A) Executor. I appoint my sister, FLORA CAPARELLA, as Executor of this Will (my said Executor and any successor Executor or co-Executors shall be collectively referred to herein as my "Executor"). Should my said sister die, renounce, resign, fail to qualify or cease to act as my Executor for whatever reason, I appoint my niece, VICTORIA CAPARELLA, as successor Executor of this Will. Should my niece die, renounce, resign, fail to qualify or cease to act as my Executor, I appoint my nephew, MICHAEL PINTI, as Executor of this Will. (B) Miscellaneous. Any successor Executor shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original Executor. No successor Executor shall be ;~1~11~1.~'1'l'~c~ I~lD~nl~'~~(.Iil i~~~ LAST WILL & TESTAMENT OF ROSA PINTI ATTORNEYS AT LAW Page 3 of 7 obligated to examine the accounts, records, or acts of a previous Executor, nor shall any such successor Executor in any way or manner be responsible for any act or omission to act on the part of any such previous Executor. No Executor serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which said fiduciary may be called upon to act. ARTICLE SEVEN Interpretation (A) Child, Children, Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. (1) Issue, per stirpes. In applying any provision of this Will which refers to a person's "issue, per stirpes", the children of such person are heads of their respective stocks of issue, whether or not any child of such person is then living. For example, a disposition in this Will to a person's "issue, per stirpes" shall be deemed to require a division into a sufficient number of equal shares to make one share for each child of such person living at the time such disposition becomes effective and one share for each then deceased child of such person having one or more descendants then living, regardless of whether any child of such person is then living, with the same principle to be applied in any required further division of a share at a more remote generation. (B) Survival Clauses. If any beneficiary hereunder should die within thirty (30) days after my death or within thirty (30) days after any other person the survival of whom determines such beneficiary's rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person, as the case may be, for all purposes hereunder. (C) Governing Law. This Will shall be construed and governed in all respects by and in accordance with the laws of the Commonwealth of Pennsylvania. (D) Gender and Number. Where appropriate except where the context otherwise requires, whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (E) Headin sg /Captions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of SGV CN ~ typewritten pages, including this attestation clause and the following Acknowledgment and Affidavit, to be executed, declared and published this f (pY~ day of _~~,'~ V ~ ~ , 2009, at Harrisburg, Pennsylvania. ~~~ ~ ROSA PINTI ~~A3~l.~lf~~s~&~A~b~''f~4(~fil °~~'~' LAST WILL & TESTAMENT OF ROSA PINTI ATTORNEYS AT LAW Page 4 of 7 On thi~~~~7-~ day of ~/ , 2009, ROSA PINTI, the Testatrix, declared to us, the undersigned, that the foregoing i strument was the Testatrix's Last Will, and requested us to act as witnesses to the same and to the Testatrix's signature thereon. The Testatrix thereupon signed said Will in our presence, we being present at the same time. We now, at the Testatrix's request, in the Testatrix's presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto. By so doing, each of us declares that he/ she believes the Testatrix to be of sound mind and memory. Address: rbt~ N z~~`' ST, C ~4K ~ ~~ tl b !~ c~3 ~~ / ~ ~~«, '~'`~~~` ~-~~~~'~ u~' LAST WILL & TESTAMENT OF ROSA PINTI ATTORNEYS AT LAW Page S of 7 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: I, ROSA PINTI, the Testatrix, 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. ~~~ ~.~r.~r~• ROSA PINTI Sworn or affirmed to and acknowledged day of ~c_t.,fiy , 2009 before me by ROSA PINTI, the Testatrix this Gf//~(SEAL) Notary Public My Commission Expires: OAAM NWEA 7H F P N Y V N Nobrlal anal Debra ~. Lopan, Notary Public cny or Hanieburo, Dauphin County My CornmisNa- Expires June 11, 2013 Member, Pennsylvania Association of Notaries ~~~~~~t~~ ~~~Alf~f~1H( ~;ui' LAST WILL & TESTAMENT OF ROSA PINTI ATTORNEYS AT LAW Page 6 of 7 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF UPHIN ) We, and ~~ . ~-~rC~tu `c c ~ the witnesses, e es igned to the attached or forego g instrument, being duly qualified according to law, do depose an at we were present and saw ROSA PINTI, the Testatrix, sign and execute the instrument as the Testatrix's 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 the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Wit Witnes Sworn or affirmed to and acknowledged before me by G QF6b R'~ ~ C!a L ~ f~ and ~~yirta~~a~'u~ ,the witnesses, this~~f~ay of , 2009. / ~L~AL) Notary Public My Commission Expires: COMMQNWEALTH OF PENNSYLVANIA Notarial 11~ Debra L. Logan, Notary Putlla Clty of Hartiaburp, Dauphin County My Commbaton texpiro~ Juns 11, 2013 Member, Pennaylvanla Association of Notaries :~li~ll~l ~";I~l~~r ~~l-iV~A~ltih(~I II ~iaaA LAST WILL & TESTAMENT OF ROSA PINTI ATTORNEYS AT LAW Page 7 of 7 ~ ~~ O p :~ ~ r7 ~ "T~ ~ ~~ ` m ~ l > ~ Cr? RENUNCIATION`' `-~' f w ~_ r, f _.J REGISTER OF WILLS ~ ~ ~ r ~ ~~ T CUMBERLAND COUNTY, PENNSYLVANIA -- ~"' ~::~~~ w , Estate of ROSA PINTI I, FLORA CAPARELLA (Print Name) Executor of the Estate Deceased in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to VICTORIA CAPARELLA (Dare) ~t twe) ~G~~ ~ ~~ (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~3nd- day of ~-2bI~--°~1 ~.a - u ..L~ (,._~.1~ Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 G'~'`i"-9r~^,%~'~:".';'~'~i "-", ~' PC^I~PIjYLVr1i~91A Uotas•ial Seal D~~ra ~. Kogan, Notary Public City cfi Harrisburg, Dauphin County My Commission expires June 11, 2013 Member, Pennsyie~a~.ia Assacia4ion of Notaries