HomeMy WebLinkAbout11-05-10PETITION FOR PROBATE AND GRANT OF LE7'TiERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Joseph Sisto
also known as
,Deceased
Mark Juran
COUNTY, P~N~I6YLVANIA
File Number 2~1 -j 1'0 ° ~ (05`
~ ~-
Social Security NUmdter 181-24-8823
Petitioner(,t~, who is/t~re 18 years of age or older, apply(ies) for:
(COMPLETE A' or B' BELOW.•)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(} is/are the
last wilt of the Decedent dated 11 /10/2008 artd-eedia~a)'deler}
tazare rerevanr arwmsrances, e.g., renunaatxm, aeatn aexecutor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: __
B. Grant of Letters of Administration
Petitioner(sj after a proper search has /have ascertained that Decedent left no Will and was survived by the following
Administrabon, c.ta. ord.b.n.c.t.a., enter date of wll in Section A above and complete list of heirs.)
1""'' named in the
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~e instrument(s) offered
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use (if any) and heirs: (If
Name Relationship Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ~„4~ ` '
Decedent was domiciled at death in Cumberland County, Pennsylvania with his li+er last principal re3 er} ce at ~~ rw '~
tq ~.
410 West Keller Strset, Mechanicsburg, PA 17055 (Mechanicsburg Borough)
(Lst street address, towrr~Ity, township, coanty, state, zlp avde)
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Decedent, then 78 years of age, died on 10/27/2010 at Holy Spirit Hospital ~
Decedent at death owned property with estimated values as follows: L I
(If domitled in PA) All personal property $ ~I i 25,000.00
(If not domiciled in PA) Personal property in Pennsylvania g
(If not domiciled in PA) Personal property in County g
Value of real estate in Pennsylvania $ ~ it 100,000.00
situated as follows: 410 West Keller Street, Mechanicsburg, PA 17055
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Wherefore, Petitioner~dj respectfully request(s) the probate of the last W)II and~odieil(sj presented with this Petition and the grant of L
the undersigned: tte In the appropriate form to
Signature Typed or printed name and es dlence
Mark Juran 412 We
Mscha
i st ICelller Street
i bUrg, PA 17055
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Copyright (c) 2008 tam software ony The Lackner Group, Inc. Pegs 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 oregoing Petition are true and correct to ~~the best of
the knowledge and belief of Petkioner(6j and that, as personal representative( f the Decedent, Petitioner(s') will well a nd ~ruly
administer the estate according to law.
~ ~ _ ~--
Sworn to or affirmed and subscribed
before me this ~~ day of
~~
r the Register
Signatuib'~Pers a st7resentarive Mark Juran
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File Number: 21 -1o- 1(Q,~
Estate of JOSeph Sisto , Dea
Social Security Number: 181-24-8823 Date of Death: 10/27/2010
AND NOW, , in consideration of the foregoing
having been presented before me, IT IS DECREED that Letters Testamentary
are herebv granted to Mark Juran
and that the instrument(, dated 11/10/2008
described in the Petition be admitted to probate and filed of record as the last Will (an~MCadieil(s}) of Decedent.
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satisfactory proof
in the above estate
FEES ~
Letters
$
260.00 _
............................................ Sfef Or
Short Certificate(s) ........................ $ 20.00,
Renunaation(s) ............................. $
Attorney Signature:
~
Will $ 15.00 Attorney Name: Richard E Connell E
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JCS $ 23.50
Supreme Court LD. No.: 21542
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Automation $ 5.00
Ball, Murren 8 Co n II'.
$ Address: 2303 Market Stree ~~
$ '
$ Camp Hill, PA 170 11
$ Telephone: 717/232-8731 I'~
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$ ',
$ I~ 'i
TOTAL .................................... $ 323.50
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Form RW-02 Rev. ~a~~-zoos Copyright (c) 2008 torrn soilwere oMy The Lackrar Group, Inc. ~i Pege 2 of 2
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H10.5.805 REV (01/07) _ _.. _ __. _.. _ _. _ ~~ ! V -~i ~./ ~.
LOCAL REGISTRAR'S CERTIFICATION OF D~~-TH
WARNING: It is illegal to duplicate this copy by photostat or photogralih.
Fee for this certificate, $6.00 This is to certify t at the information here given is
correctly copied ~,fro~ an original Certificate of Death
duly filed with ~ne, as Local Registrar. The original
certificate will I be~ forwarded to the State Vital
Records Office for'permanent filing.
P 16 810 012 ~.j' R to ~ ~ ~Q ,
Certification Number Local Registrar II Date Issued
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CLERK OF
LAST WILL AND TESTA,~~R~l.A~tQT
CO., PSI
OF
JOSEPH SISTO
KNOW ALL MEN BY THESE PRESENTS, that I, JOSEPH SIST , lof Cumberland
County, Pennsylvania, do hereby make, declare, and publish this as my Last 'll land Testament,
hereby revoking all former wills and codicils heretofore made by me at any time.
PAYMENT OF EXPENSES
FIRST: I direct that my Executor, hereinafter named, shall have the er, but not the
duty, to pay all my just debts, expenses of my last illness and funeral expenses, fr~m my estate as
soon after my decease as shall be found convenient.
GIFTS
SECOND: I bequeath my automobile and personal effects, such h us~hold goods, if
any, as may be my individual property and other tangible property of like na ~, together with
any existing insurance thereon, and the rest, residue and remainder of my esta e n the following
manner:
a. Eighty (80%) percent of the net value of my estate (after pa e~it of all
taxes, expenses, debts and costs of administration), to St. Jose hl Roman
Catholic Church, Diocese of Harrisburg, Mechanicsburg, ur~berland
County, Pennsylvania.
b. Twenty (20%) percent of the net value of my estate to be divic~ec~ equally
among my following named grandchildren: ',
1) ELIZABETH MABER STOWELL;
2) MICHAEL MABER; '~,
3) JOSEPH SISTO, III; and
4) HEATHER MARIE SISTO.
Should any of the above-named individual beneficiaries predecease le, Ihis or her share
shall be equally divided among the other named individual beneficiaries who sive me.
I specifically note that I have no provisions for any child of mine or fOr any descendants,
if there are any, of my daughter, NICOLE. '~, ',
I
FIDUCIARIES
THIRD: i hereby designate my friend and neighbor, MARK JURAN, )executor. No
Executor appointed hereunder shall be required to post bond or give othe eCurity for the
performance of his duties in any jurisdiction. If MARK JURAN is unable or 'lling to serve
as Executor, I hereby appoint, GREGORY KENSKI, currently of 1.13 Sou ,Walnut Street,
Mechanicsburg, PA 17055, as Executor. ~~,
ADMINISTRATIVE PROVISIONS
FOURTH: My Executor shall have, in addition to the powers and a~tl#o~ity conferred
upon him by law, the following additional discretionary powers and authority:
(a) To retain any property received by him.
(b) To sell at public or private sale, exchange, lease, mortgage or pl~~e any property,
real or personal upon such terms and conditions as the Executor shall deem wis .
(c) To invest any money at any time in such bonds, stocks, notes, real esttate,
mortgages, life insurance annuities or other securities, or such property, real r rsonal, as the
Executor shall deem wise, without being limited by any statute or rule of law regarding
investments by the Executor. ~,
(d) To retain, without incurring any liability, as investments, any pro a owned by me
at the time of my death, as long as he deems it wise, and even though such ro arty is not the
kind of property an Executor would purchase as an investment; and even tho to retain such
property might violate sound diversification principles. ',
(e) To cause any security or other property which may at any time c titute a portion
of my estate to be issued, held or registered in his own name, or in the name f rnominee, or in
such form that title will pass by delivery.
(f) To consent to the reorganization, consolidation, readjustment f the financial
structure, or sale of the assets of any corporation or other organization, the c "ties of which
constitute a portion of my estate, and to take any action with reference to suc durities which,
in the opinion of the Executor, is necessary to obtain the benefit of any su h reorganization,
consolidation, readjustment or sale; to exercise any conversion privilege or su 5cription right
given to him as the owner of any securities constituting a portion of my estate; o kept and hold
as a portion of my estate securities resulting from any reorganizati n, consolidation,
readjustment, sale, conversion or subscription.
(g) To pay all costs, taxes, charges and expenses in connection with tl~e administration
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of my estate, including compensation to the Executor.
(h) To determine what is "Income" and what is "Principal" hereunde , ~ his decision
thereon shall be final; and to purchase securities at a premium or discount, and o ' pply or charge
said premium or discount against income or principal as the Executor may dete ne.
(i) To transfer, sell, exchange, partition, lease, mortgage, pledge, giv ptions upon, or
otherwise dispose of any property at any time held by him, at public or private al or otherwise.
(j) To borrow money from any person, firm or corporation fo ~he purpose of
protecting and preserving or improving my estate hereunder; to execute pr issory notes or
other obligations for amounts so borrowed. ~ i
(k) To make distribution in cash or in kind.
(1) To execute and deliver all documents necessary or appropriate ~'or I, the exercise of
his powers. ~ ',,
(m) To do all other acts in his judgment necessary or desirable f r Lithe proper and
advantageous management, investment and distribution of my estate.
i'
FIFTH: And I do further direct that: II '~,
(a) No Executor shall be liable for any loss resulting to my estate fr m any investment
or reinvestment made or retained in good faith.
(b) No Executor shall be liable for any loss to my estate unless th s~me shall occur
through his own gross neglect or willful malfeasance. ',
TAXES
SIXTH: Beneficiaries Under 21 or Disabled: If any beneficiary h r under becomes
entitled to an outright distribution of income or principal and is (i) under the g of 21 years or
(ii) in the Executor's opinion, disabled by illness or other cause and unable t roperly manage
the funds:
A. Payments: As much of such income or principal as the Execu o may from time
to time think desirable for that beneficiary either shall be paid to h er or shall be
applied for his or her benefit; and
B. Balance: The balance of such income and principal -and th et income from
those funds - shall be kept invested and managed as a separate account fo that
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beneficiary, with the funds paid to or for the beneficiary in acc rdance with the
provisions of the preceding paragraph. When the beneficiary reaches a #age of 21 or, in
the Executor's opinion, becomes free of disability, as the case maybe a balance shall
be paid to the beneficiary. If he/she dies before that time, the balanchall be paid to
his/her personal representative. ',
Any funds to be applied under this article either shall be applied directly by th E I ecutor or shall
be paid to a pazent or guazdian of the beneficiary or to any person or organize io taking care of
the beneficiary. Funds applied for minors may also include distribution to a u t~dian selected
and appointed by my Executor under the Uniform Gifts or Transfers to Mino clt of any state.
The Executor shall have no further responsibility for any funds so paid or appli .li
SEVENTH: I direct that all transfer and inheritance taxes, state or f dieral, assessed
because of my death, whether the funds, property or insurance proceeds tow c $uch taxes aze
attributable pass under this Will or not, shall be paid out of my residuary est t~ gust as if they
were my debts and none of these taxes shall be chazged against any benefic ,and that my
Executor pay, or provide for payment of all such taxes at such time or times, d n such manner
as my Executor deems best.
IN TERROREM
EIGHTH: If any beneficiary or remainden°nan under this Will in any er, directly or
indirectly, contests or attacks this Will or any of its provisions, or objects t ~ accounts or
actions of my fiduciaries, without probable cause, such beneficiary shall pay 1 acts, including
but not limited to attorneys' fees, arising in connection with such contest, attar o~ objection
incurred by my estate, or such fiduciary personally. In the event that such be e i¢iary does not
prevail in such action, any share or. interest in my estate or such trust which wo ld~otherwise pass
to such beneficiary or remainderman under this Will shall be revoked and the p o~rty consisting
of such share shall be disposed of in the manner provided herein as if that cont s rng beneficiary
or remainderman had predeceased me without surviving issue.
IN WITNESS WHEREOF, I, JOSEPH SISTO, the Testator to this my ~st Will and
Testament, typewritten on five (5) sheets of paper which I have identified at the b ttom of each
page by my signature, hereunto set my hand and seal this 1 O day of /Y ~I
2008.
SISTO
(SEAL)
r ~~
The preceding instrument consisting of this and four (4) other typewritt n ages, each
identified by the signature of the Testator, JOSEPH SISTO, was on this day d ~he date thereof
signed, published, and declared by JOSEPH SISTO, the Testator therein nam , ~s and for his
Last Will, in the presence of us, who at his request, in his presence, and in the p~e~ence of each
other have subscribed our names as witnesses.
/ /~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
I, JOSEPH SISTO, the person whose name is signed to the attached or fo egoing
instrument, having been qualified according to law, do hereby acknowledge th t I~signed the
instrument as my Will; and that I signed it willingly and as my free and volun ~ct for the
purposes therein expressed.
U ~ JOSEPH SISTO
Sworn or affirmed to and acknowledged before me, by JOSEPH SIS C~, the Testator,
this /of'=` day of /'Uovtm6~ , 2008.
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NOTARUL SEAL
~. COPPERSMITH, Notary k
Camp H~U Sc:~, C~:,~h~~~f9~a~ Cou
My Casfon EJCp3r~.- }una 21, 20 I
~_, __
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
We, ~tanaa R. ~ar~' ,and ~C'c~iar*d E, ~~Q l I ,
the witnesses whose names are signed to the attached or foregoing instrument, i~g duly
qualified according to law, do depose and say that we were present and saw JO F~PH SISTO,
sign and execute the instrument as his Last Will; that he signed willingly and t ~e executed it
as his free and voluntary act for the purposes therein expressed; that each of us, inlthe hearing
and sight of the Testator signed the Will as witnesses; and that to the best of o l~awledge, the
Testator was at that time eighteen or more years of age, of sound mind and and r o constraint or
undue influence.
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Sworn or affirmed to and subscribed to before me by ~~ A
and ~~~ ~• ~a~1B~~ ,witnesses, this ~o~"=r day of ~l/ove~»
,'
NOTARIAL SEAL.
GLARU- ~. ate, t~sry
Gmp HIN 8oro, Cumkte~~td Cou
My CAmn~lon Expkns ku~e 21, 20 i
2008.