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HomeMy WebLinkAbout06-15-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: ANNA M. PACCHIOLI File No: ~~~ / ~ ~ t ~(.~'d.~ a/k/a: (Assigned by Register) a/k/a: ~~a; Social Security No: Date of Death: 5/21 /2012 Age at death: 86 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA principal residence at 82o CHARLES AvE, MECHANICSBURG 17055 MONROE TOWNSHIP ~~~~~1 / 2 /G,"L'f (State) with his/her last CUMBERLAND Street address, Past Office and Zip Code City, Township or Borough County Decedent died at THORNWALD HOME442 WALNUT BOTTOM 17055 BOROUGH OF CARLISLE CUMBERLAND PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ................................All personal property $ 50,000.00 If not domiciled in Pennsylvania .............................Personal property in Pennsylvania $ If not domiciled in Pennsylvania .............................Personal property in County $ l~alue of real estate in Pennsylvania .............................................................. $ 0.00 TOTAL ESTIMATED VALUE.... $ 50.000.00 Real estate in Pennsylvania situated at: NONE (Attach additional sheets, ifnecessary.) Street address, Post Office and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated and Codicil(s) thereto dated State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party [o a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c. t. a., d.b.n., d. b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c. t: a. or d.b.n.c.Ga., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper searoh has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationship Address _~ rv ~ ~ C,.. rn ~ C ~1 ~7 `~ _: . .''' ~ t.!'1 r"~ ~ ~"T : s . - . ~~ ~~ - C7 C'+ ~ C.- - - cn a-. Form RW-OZ rev. 10/11/1011 Page 1 Of 2, Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Official Use Only Petitioners) Printed Name I Petitioners) Printed Address 1101 SARAH STREET The Petitioners) above-named swears) or affirm(s) the statements in the foregoing Petition are true and collect [o the best of the knowledge and belief of Petitioners) and that, as Personal Representative(s) of the Deceden~ 6he P titigs) will well and truly administer the estate according to law. Sworn to or ~fftrmed and subscribed before ~ ~~~ 5 ~ met ' ~' a of ~. ~3UI ~- ~ ~ Date ~ ~ ~ - - Y ~ ~ Date BY• ~ ~~ ~~~'~ Date For die Register Date BOND Required: ^ YES ®NO FEES: ~•~~ Letters ....................... $ (~ )Short Certificates(s) ...... ' ~- ( )Renunciation(s) ......... . ( )Codicil(s) ............. . ( ) Affidavit(s) ............ . Bond ......................... Commission ................... . Other ......... Automation Fee ................ . JCS Fee ....................... TOTAL ......................$ To the Register of Wilis: Please enter my appearance by my ~ r ~ ca i x ~-- ~; __.a '~ ~ V°, .. ~.. _.... Attorney Signature: C7 ~ ~ ~ - i 7 ~; ~ ., O ~--~ 1 'D ~' c~- Printed Name: Supreme Court ID Number: Firm Name: Address: Phone: n ~ `~ Fax: lz`-~, ~`~- Email: ~~ DECREE OF THE REGISTER Estate of ANNA M. PACCHIOLI File No: ,.~ ~ " ~ ~ ~' ~ C~~~- a/k/a: AND NOW, (J~t l~'1 ~~.~-~L , ~;~'s,,-'i ,T- , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY - are hereby granted to MICHAEL F. NIZNIK - in the above estate and (if applicable) that the instrument(s) dated 8/1412009 _.~ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. i ~ l ~ J Register of Wills ~ ' ^: ~ ~ 1 Form R6K03 rev. 10/ll/?Oll ~~,/~~' .~~ Page 2 of 2 f~-. ~'~ ~~ LAST WILL AND TESTAMENT ~~~ ~'l r .. ~ , r_C;~ ~. t .. _.. ~ r. ~V7"~~ ~ _ 7 ~-7 BE IT REMEMBERED THAT °~`~ ~ - x. `-_ ~ =; ~` ~; I, ANNA M. PACCHIOLI, a resident of Cumberland County, ~nnsylv~ia, ~~ ~~ being of sound 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 direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. II I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. III I give, devise and bequeath all of my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment, to my grandson, MICHAEL F. NIZNIK, pursuant to the terms of there hereinafter included Trust. (Please note that my grandson, MICHAEL F. NIZNIK, shares the same name as his father and I want to make certain there is no confusion that it is my grandson, MICHAEL F. NIZNIK, who is the proper beneficiary of my estate.) IV TRUST If my grandson, MICHAEL F. NIZNIK, is under the age of twenty-five (25) years, I appoint SOVEREIGN BANK as Trustee of the property that I have given to my grandson. A. The Trust estate shall be administered until my grandson, MICHAEL F. NIZNIK, reaches the age of twenty-five (25) years. Until that time, the Trustee shall apply all net income and principal of the Trust estate as follows: 1) So long as my beneficiary is under the age of twenty-five (25) years of age, the net income of the Trust shall be paid to or applied for the benefit of my beneficiary at such times and in such amounts as the Trustee shall in its discretion deem necessary for his support, welfare, maintenance and education. Education shall be defined broadly to include not only that available in college, but also trade school and other similar training. In the event that the income shall be insufficient to provide my beneficiary with adequate maintenance, support, welfare or education, the Trustee may invade the principal of this Trust for this purpose. 2) The Trustee, in exercising its discretionary authority with respect to the payment of income or principal of the Trust estate to my beneficiary, shall take into consideration any income or other resources available to my beneficiary from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on all persons howsoever interested in the Trust. 3) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. B. When my beneficiary reaches the age of twenty-five (25) years, a calculation of the property remaining in the Trust shall be made and the total thereof shall be distributed to him. C. My beneficiary of this Trust shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution or other process of law. D. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitation specified elsewhere in this Will: 1) To retain any property received by the Trust estate for as .long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. 7) To distribute property in kind. 8) To do all other acts that are in its judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. V I nominate, constitute and appoint my grandson, MICHAEL F. NIZNIK, as Executor of this LAST WILL, to serve without bond. IN WITNESS WHEREOF, I, ANNA M. PACCHIOLI, have set my hand to this LAST WILL this ~ ~ day of ~ ~ , 2009. ~ ~~ / -Z ~- ~,i~ M. PACCHIOLI Signed, sealed, published and declared by the above-named ANNA M. PACCHIOLI, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence , of each other, have hereunto subscribed our names as witnesses. i' f' 1 ~., ~.-., •~ i .' .....~'../ ~„r /, / ._ G-G ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. I, ANNA M. PACCHIOLI, 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 as my free and voluntary act for the purposes therein expressed. ANNA M. PA CHIOLI Sworn or affirmed to and acknowledged before me by ANNA M. PACCHIOLI, Testatrix, this j~r~ day of ~ , 2009. ~~~ /h . otary Public .~._.e_ NOTARIAL SEAL DIANE M SMITH Notory Public MECHANICSBURG BORO, CUMBERLAND CNN My Commission Exptres Jun 22, 2012 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, (/"( li'l?~2~~ ~ - wit ~z 2~" ~_ and °~ ~ L~C.t~~S~~ , the witnesses whose names are signed to the attached or~oregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her LAST WILL, that ANNA M. PACCHIOLI signed willingly and 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 the time 18 years of age or more, of sound mind" and under no constraint or undue influence. /' -~'` :,~ - 1~~~/j~'r r _~, , Sworn or affirmed to and acknowledged before me this f~ day of ~.C ~G~,Gc~~' f ~ 2009. f ~- otary Public NOTARIAL SEAL DIANE M SF~ITH Notory Public MECHANICSBURG 60R0, CUMBERLAND CNN My Commission Expires Jun 22, 2012