HomeMy WebLinkAbout11-03-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of victor E
a/k/a:
a/k/a:
a/k/a:
Malpezzi
Deceased ESTATE NO: 21- ~'-' ~~ f
SS NO: 191-09-3920
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
DA. Probate and Grant of Letters Testamentary or ^Administration c.t.a., or d.b.n.c.t.a. (complete Part Calso)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary under
the last Will of the above-named Decedent, dated August 26, 1988 and codicil(s) dated
(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
instrtunents offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8): None
^ B. Grant of Letters of Administration
(1t applicable, enter d.b.n., pendent life, durante absentia, durante minoritate)
C. Petitioner(s), after a proper search, 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 and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:-
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THIS SECTION MUST BE COMPLETED' ~" ~ ~,,~~ :=~rt
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or p~ncipal residotlce `~~
A~~s-siah Villager-x-90 lit A11en nrive, iT~per Allen Township (P 0 Mechanicsbu~"g, PA 17055)
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 94 years of age, died 10/24/2011 at Upper Allen Twp, Mechanicsburg, PA
(Month, Day, Year of death) (City and State where death occurred)
Estimated value of decedent's property at death:
~If domiciled in PA All personal property $ 45,000.00
_If not domiciled in PA Personal property in Pennsylvania $
_If not domiciled in PA Personal property in County $
-Value of Real Estate in Pennsylvania $
Total Estimated Value $ 45,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) None
.~,6,....~..~,,
;vamr~s~« rvramng:~am•ess(es)
Stephen J. Malpezzi
3411 Viburnum Drive
Interim Form RW-02 revised 12.26.10 by Cumberland County
Madison, WI 53705
action by the Court
Vane 1 of 2
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OATH OF PERSONAL REPRESENTATIVE ~-' ~~- `~~'
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Commonwealth of Pennsylvania SS "~' ~ ~
County of Cumberland -
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The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition.~re~rue an~:., __~~
correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of~ie
Decedent, Petitioner(s) will well and truly administer the estate according to law.
Swom to or affirmed and subscribed '
before me this rd day of Ste en J. al ez '
ovember }- 2011
..__ ! .. i
i the Register
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of Victor E. Malpezzi ,Deceased File Number: 21-~- ~ ~/
AND NOW, this ~~ay of November, 2011 in consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
x Testamentary , of Administration are hereby granted to:
(If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
in
the above estate and that instruments(s) dated 8~2o~19ss described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. ~
Glenda Farner S~
Register of Wills
FEES:
~~• c n
Letters ....................$
Will ........................ ': o d
Codic~ (s) .................
)Short Certificates _D ' o0
( )Renunciations.......
Bond .............................
Other .............................
Automation FEE......... 5.00
JCS FEE ................... 23.50
TOTAL ................ $
Signature of Counsel Required to Enter Appearance
' ~~ ~~
s Signature
Atty -
PRINTED Name: Richard C. Snelbaker
Supreme COUrt ID No.: 06355
Address: 44 West Main Street
Mechanicsburg, PA 17055
Phone: 717-697-8528
FBX: 717-697-7681
Interim Frnm RW-02 revised 12.26. ] 0 by Cumberland County pending action by the Court Page 2 of 2
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LAST WILL AND TESTAMENT -='r:~;, -
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BE IT REMEMBERED THAT -~~"- r~„ `~ r,
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I, VICTOR E. MALPEZZI, a resident of Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this to be my LAST
WILL and TESTAMENT, hereby revoking any and all Wills and
Codicils previously made by me.
I
I declare that I am not married, my beloved wife, MAYE I.
MALPEZZI, having predeceased me and that I have three (3) sons,
STEPHEN J. MALPEZZI, MICHAEL J. MALPEZZI and JAMES A. MALPEZZI.
II
I direct that my debts and funeral expenses be paid as soon
after my death as is practicable by my Executor out of my
residuary estate, but not from any assets, funds, death benefits
or insurance proceeds which are otherwise excludable or exempt
from my gross estate for federal estate valuation or tax
purposes.
III
I direct that all estate, succession, legacy, inheritance or
other transfer taxes, however designated that shall become
payable by reason of my death in respect of all property
comprising my gross estate for death tax purposes, whether or not
such property passes under this LAST WILL, shall be paid by my
Executor out of my residuary estate, but not from. any assets,
funds, death benefits or insurance proceeds which are otherwise
excludable or exempt from my gross estate for federal estate
valuation or tax purposes.
IV
I give, devise and bequeath all my property, whether real or
personal, wherever situate, including any property over which I
may have a power of appointment, to my three (3) sons, STEPHEN J.
MALPEZZI, MICHAEL J. MALPEZZI and JAMES A. MALPEZZI, in equal
shares, per stirpes.
V
I nominate, constitute and appoint my son, STEPHEN J.
MALPEZZI, as Executor of this LAST WILL, to serve without bond.
If STEPHEN is unable or unwilling to act in that capacity, then I
nominate, constitute and appoint my son, MICHAEL J. MALPEZZI, as
Executor, to serve without bond.
IN WITNESS WHEREOF, I, VICTOR E. MALPEZZI, have set my hand
to this LAST WILL, this ~ ~ day of ~~ y v $~ , 1988.
V CTOR E. MALPEZZI
1CRNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
I, VICTOR E. MALPEZZI, 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; that I signed it as my
free and voluntary act for the purposes therein expressed.
~~
VICTOR E. MALP ZI
Sworn or affirmed to and acknowledged before me by VICTOR E.
MALPEZZI, Testator, this o2~ fh day of A~~ f , 1988.
Notary Public
CARLA F. BROKENSHIRE, Notary Public
AAe;.'..:.nicsburg Cumaerlan a Ca, Pa.
Nly Commissw,, expires Apri; +, 1991
AFFIDIYIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
We , /77Ur~el ~ ~'1~~/~, ~ and ~iu ~ e /~ . Sm ~~5~.
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 sign and execute the
instrument as his LAST WILL; that VICTOR E. MALPEZZI signed
willingly and that he executed it 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 the
time 18 years of age or more, of so nd mind and under no
constraint or undue influence.
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Sworn or affirmed to and acknowledged before me
this o2~~i day of ~v~~~t , 1988.
iu~c~
Notary Public
CARIA F. BROK:NSH;RE, Notary Public
AAec',:.nicsburg. Cumber!an !'o., Pa.
MY Commissio:~ expires Aprii ~, 1991