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Home My WebLink About05-17-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Linda FLORIO File Number 21-10 - also known as p~a Florio Deceased Social Security Number 102-32-8596 Petitioner(s), who is/are 18 years of age dr older, apply(ies) for: (COMPLETE A' or'!3' BELOW.) named in the ® A. Probate and Grant of Cellars Testamentary and aver that Petitioner(s) is/are the EX@CUtOP last Will of the Decedent, dated 1/91101 and codicil(s) dated State relevant circumstances, o.p.. renundafion, tleafh of exxutor, etc. b Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executi a e instrurl~tt(s) o~rt for probate, was not the victim of a killing', and was never adjudicated an incapacitated person: --Ety~+ ~ ~:> -] ~nr~ ~ C: ;p r=:) B. Grant of Letters of Adminpstration ' app e, an r c..a.; ..n.c..a.; en e; uron a san ra; uron moron a is L~ Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following s~f~e (if an~9nd hem r(fft Administration,c.t.a.ord.b.n.c.t.a.,ented date of Will inSectionAeboveandcompletelistofheirs.) y ~ ti~7~~ Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in C`+rmhArland County, Pennsylvania with hls /her last principal residence at 1 Decedent, then ~~ years of age, (died on 03/0812010 at Harrisburg Hospital Harrisburg Dauphin County Pennsylvanla Decedent at death owned property with iestimated values as follows: 000.00 (If domiciled in PA) All personal property $ 551, (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: the undersigned loner(s) respectfully request() the probate of the last Will and Codicil(s) presented with this Petition and the Brent of Letters in the appropriate form to Si nature T pad or printed name and residence Walter Florio 1204 Bauman Court /~, /,Z~ ~/J c~ Mechanicsburg, PA 17066 Form RW-OZ Rev. f0-13-2006 Copyright (c) 2006 form software only The Lecknar Group, Inc, papa 1 °t 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS couNTV of Cumberland } The Petitioner(s) above-named swdar(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 oraffirmed andLsubscribed before me this I ~ day of o~lU t r t Register File Number: 21-70 - ~~ Estate of Llr Social Security Number: AND NOW, having been presented before me, I are hereby granted to Walter Flop and that the instrument(s) dated 1 described in the Petition be admitted to ~~'~. ~3 0 , ~; -r , r-r, ~ ~~ Signature or Personal Representative Walter Florio 'p .~ J ~~t;.57 Signature of Personal Representative ~ ~(-~ =~ „~ ,.~, ~Q n ~ .... Deceased 102-32-9596 Date of Death: 03/08/2010 I ~ ~_ , in consideration of the foregoing Petition, satisfactory proof (DECREED that letters Testamentary in the above estate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES `~ Letters .......................................... $ , lX~ Short Certificate(s) ....................... $ , Renunciation(s) ............................ $ $ ice. 3 $ ~ P~~ i $ I $ i $ $ $ $ TOTAL ................. ~ Form RW-02 Rsv ~0-~3-loos Attorney Signature: Supreme Court I.D. No JOHNSON DUFFIE Address: 301 MARKET STREET PO BOX 109 LEMOYNE,PA Telephone: (717) 761-4540 Copyright (c) 2006 form sonware only The Lackner Group, Inc. Pepe 2 0( 2 Attorney Name: EDMUND G. MYERS OCAL REGISTRAR'S CERTIFICATION OF DEATH IO ~~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16360.712 Certification Number ~ This is to certify that the information here given i correctly copied from an original Certificate of Deatl duly filed with me as Local Registrar. 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LAST WILL AND TESTAMENT Zf!!fl MAY 17 PM 12~ ~~ of aP~S CO RT LINDA FLORIO CUMBER+'~.~~ C'0 p~ I, Linda lT•9orio, a resident of and domiciled in the State of New York, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. FIItST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to prop- erty included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reim- bursement from any recipient of any such property. SECONDI: I give my real estate located at 1856 67tl' Street, Brooklyn, New York in equal shares as tenants in common to those of my children (Euna Monaco, Walter Florio and Nicholas Florio) who survive me and to the issue who survive me of those of my children who shall not survive me, in equal shares ~, THIRD: ~ dive the items of tangible personal property listed below, if owned by me at the time of my death, a~ follows: All jewel~ryy to Euna Monaco to distribute or keep as I have previously instructed herd end My set of Limoges China to Natalie Florio Lopez All other tangible personal property is given as hereafter provided with respect to my residuary estate. FOURTH:' I give all the rest, residue and remainder of my property and estate, both real and personal, of what ver kind and wherever located, that I ovup _or to which I shall be in any manner entitled at the time~i~'my death (collectively referred to as my "residuary estate"), as follows: (a) To those of m~ children who survive me and to the issue who survive me of those of my childre~!who shall not survive me, r i (b) If no issue of m ne survives me, I give my residuary estate to those who would take from me as if ~I' were then to die without a will, unmarried and the abso owner of my residuary estate, and a resident of the State of New York. lute FIFTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and suppprt of the beneficiary; or distribute the whole or any part to a guardian, committee or other legaa representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or tc~thsfers to minors act, or to the person or persons with whom the beneficiary resides to use for the beneficiary. Evidence of any such distribution or the receipt therefor executed by the person to whom'the distribution is made shall be a full discharge of my Executor from any liability with respect ther@to, even though my Executor may be such person. If such beneficiary is a minor, my Executor mad defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of t~hje powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SIXTH: I appoint Walter Florio to be my Executor. If Walter Florio is unable to act or should fail to qualify for any reason I appoint Euna Monaco as my alternate executrix. I direct that no Executor shall be required to file or fiunish any bond, surety or other security in any jurisdiction. SEVENII'I~: I grant to my Executor all powers conferred on executors under the New York Estates, Powers and Tnists Law, as amended, or any successor thereto, and all powers conferred upon executons''wherever my Executor'may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to hold, manage, insure, repair, improve, demolish, divid~,l and otherwise deal with and dispose of any property; to borrow money and mortgage, encumber c~r pledge any property to secure loans; to divide and distribute property in cash or in kind; to ex~ cise all powers of an absolute owner of ro release claims with or witl~~ut consideration; and to employ attorneys, accountants and o her personsd for services or advice. I~he term "Executor" wherever used herein shall mean the executors, executor, executrix or adrnmistrator in office from time to time. EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such lbeneficiary survives me by more than thirty days. The terms "child" and "children", as used in this ill, include only the child and children of the person designated, but not any adopted child. and chil~en of such person. The term "issue" includes only the children and other issue of the person design tied, but not any adopted children, stepchildren or issue of such person. 2 IN WITNESS WHEREOF, I, Linda Florio, sign, seal, publish and declare this instrument as my last will and testament this ~'" day of November, 2001. (. // The fore ing instrument was signed, sealed, published and declared by Linda Florio, the above-named Testa , to be her last will and testament in our presence, all being present at the same time, and we, at r request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. residing at 3 ~~ SaC~IP ~ ~~1 ~~~,~ JUy residing at y ~ GI~Yn~I~S I ~~c~,hr~ /U`~ (O~o~ STATE OF NEW YOR,I~, COUNTY OF ~-1Nb-S , ss. Each of t$e undersigned, ~a ~ ~ ~ ~ 3~~ sa~l~1-fi s~r>°ri; ~~ ~ hh N y P(f5v~ ~, ~l)S~[A+ui~ residing at S-v ~~uy~~~f residing at and respectively, being indivi wally and severally duly sworn, did depose and say that: The foregoing last will and testament wa~ subscribed in our presence and sight by Linda Florio, the Testatrix therein. The undersigned witnessed the execution of said will of Linda Florio on the ~ day November, 2001, at 32 Cqurt Street -Suite 1105, Brooklyn NY 11201. At the time the instrument was so subscribed, the Testatrix declazed said instrument to be her last will and testament. The undersigned thereupon signed their names as witnesses at the end of said will at the request of the Testatrix, in the presence pf the Testatrix and each other. At the time of so executing said will, in our respective opinions, a Testatrix was at least eighteen years of age, and was of sound mind, memory and understandin ,under no constraint, duress, fraud or undue influence, and in no respect incompetent to make a v id will. In our respective opinions, the Testatrix was able to read, write and converse in the Engli h language, and was not suffering from any defect of sight, hearing or speech, or from any other hysical or mental impairment which would affect her capacity to make a valid will. Each of us ~ta~ acquainted with the Testatrix, and we make this affidavit at her re Said will was shown to ua ~t the time this affidavit was made, and we examined it as to the signature of the Testatrix and our si tares. Said will was executed as a single, original instrument, and not in counterparts. Said will) as executed by the Testatrix and witnessed by us under the supervision of Brian M. Moskowitz, )~s ., an attorney-at-law admitted to practice in the State of New York, who stated that the formal requ~ements of the New York Estates, Powers and Trusts Law regazding the ceremony of execution an .attestation of a will had been duly fulfilled and satisfied. Severall subscribed and si~#orn to before me this ~"h day of November, 2001. ------- % L~-~C/ ~--- Notary Pub1i My commission expires on L-NDA D. VN.wM No~Y P Nio. ~ 981798 rb~lc I. quatHied in Nassau ~' Cotr-rr-issi~ Facpires Feb. 5, LAST WILL AND TESTAMENT OF LINDA FLORIO Dated: November S , 2001 Prepared by: FINK & MOSKOWITZ, L.L.P. 32 Court Street -Suite 1105 Brooklyn NY 11201 (718) 237-1800 Register of Wills of Cumberland County, Pennsylvania OATHI'~OF SUBSCRIBING WITNESS Estate of LINDA FLOR~I~ No. ~ ~ - ~ U - ~ C~-~ Also known as CARM~ILINDA FLORID. Deceased ~~ BRIAN M. MOSKOWITZ a subscribing witness to the wlll'~presented herewith, being duly qual~ed according to law, deposes and says that he was present and saw the above,Testatrix sign the same and that he signed as a witness at the request of Testatrix in her presence and in the presehc~e of the other subscrit ill n N O C ~ o X ~ ~ r`n 3 a' r rt i,' ") G7 `> 17~ "~ Cn L7 '~ Uj ~J '7E 7 r- j C7OQ ~ ~~' T1 ~ ... '-T 1 --~1 ~~ ' ~ • ~~ ~.Q My Commission Expires: (Signature and seal of Notar) qualified to administer oaths. expiration of Notary's commis NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s) at time of notarization. Sworn to or affirmed and subs~c~ibed before me this ~ day of Register iof Wills of Cumberland County, Pennsylvania Estate of OATH OF SUBSCRIBING WITNESS Also known as Deceased PAUL FINK a subscribing witness to the will presented herewith, being duly qual~ed according to law, deposes and says that he was present and saw the above,Testatrix sign the same and that he signed as a witness at the request of Testatrix in her presence and in the prese{~~e of the other subscribing witness. i !' Sworn to or affirmed and subscribed before me this ~~ day of ', L _ .2010. Notary Public I ', My Commission Expires: ~ f ? 6 l '?ib ~ ~ (Signature and seal of Notary for other official qualified to administer oaths. -Show date of expiration of Notary's commissipn.) TERESA A. A Notary Public, State of N Yorit Residing fn Kingga my Kings County CLK's No 59900 Certificate tiled I New York Co. C a Commission Expires Ap 130, 2011 No.~ ~~~ ' V~t~ I PAUL FINK 32 Court Street, Suite 902 Brooklyn New York 11201 r.~ ca ~~ v a ~~O ~ ~ N ~~ O NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s) at time of notarization. r~ ~a :~,, rr~ <. > L,:3 ~::1 ~ ~~ n"~ rim _a:! C.J ~-' ,, ~~) ;;r_: ;..._ m ~._. ~<~ ~,~~ .~