HomeMy WebLinkAbout01-23-13PETITION 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 requests the grant of Letters in the appropriate form:
Arthur D. D'Agostino
Decedent's Information
Name: Janet K. D'Agostino File No: 21 ..__ ~_,~ - (.' ~~
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 12/29/2012 Age at Death: 93
Decedent was domiciled at death in Cumberland County, pA (State) with his/her last
principal residence at 3510 Walnut Street, Apt. 3, Camp Hill 17011 Camp Hill Borough Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 3510 Walnut Street, Apt. 3, Camp Hill, PA 17011 Camp Hill Borough Cumberland PA
Street address, Post Office and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
/f domiciled in Pennsylvania ...................... All personal property $ 20,000.00
!f not domiciled in Pennsylvania ................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania ................ Personal property in County $
Value of real estate in Pennsylvania ................................................................... $
TOTAL ESTIMATED VALUE $
Real estate in Pennsylvania situated at NIA
(Attach additional sheets, if necessary.)
03/06/1997
Street address, Post Office and Zip Code
City, Township or Borough
^X A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated
thereto dated
20,000.00
County
and Codicil(s)
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 to 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., pedente lite, durante absentia. durante minoritate
If Administration, c.t.a ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to,pending divorce proceeding wherein the grounds for divorce had been es~abaished as.defined
in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adjudicated an incapacitated pers. ~:=:i ~; itin "~
C ._?
~.~.~$
^ NO EXCEPTIONS ^ EXCEPTIONS c..._ 'I ~ '~~
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by th~llowing,rspou~~~(if any') and heirs (attach
additional sheets, if necessary): •` -- ~ "
r '~ ~K~ ~...,~ C".J ~ .
~~ ~..., C..J
.y~,,
Name Relationship Address _ '" ~` ~ ----~;
,.,
~~
Form RW-OZ rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
}
} SS:
}
Official Use Only
Petitioner(s) Printed Name Petitioner(s) Printed Address
Arthur D. D'Agostino 103 Skyline Drive
Mechanicsburg, PA 17050
717-691-1934
+
F
'~ ~s
.,
rw ibq ~..~.~. '
Cade XX ~n` .
(
~~ -
-
~
~
~
i..~: ~~_
t . -
i ~_. i
,,.
~~..
The Petitioner(s) above-named swear(s) or affirm(s) the stat ment in egoi ition are true and correct to the best of the knowle ge and
belief of Petitioner(s) and that, as Personal Representative(s) f e will well and truly administer the estate acco~ ~~ to la
_..~
Sworn to or affirmed and subscribed before Date
/' 1(~'d..~'~~. t ~ ~ ~ ~ , Date
me this day of /7~ c
By: ~ >D L//_ ~~J1-L ~~~~ ~ >~f ~...~ ~ V Date
Register
Date
BOND Required? ~ YES ~ NO
FEES:
/t~C'' ~r4~,
Letters ...................................... .... $ (,~
( )Short Certificate(s).....
~~,
....
( )Renunciation(s) .......... ....
( )Codicil(s) .................... ....
( )Affidavit(s) .................. ....
Bond ........................................ .....
Commission ............................. .....
Other
C" f:?
~ ~i'~ ~~' !} G; , cr
Automation Fee ....................... ..... ~~
JCS Fee ................................... .... ~ - .~ _ G'
TOTAL ..................................... .... $ ` r .~- .S yC~
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney S~ ature:
.-r
',
a, ! lL.~ J
Printed Name: James D. gar
Supreme Court
ID Number: 19475
Firm Name: Bogar & Hipp Law Offices
Address: One West Main Street
Shiremanstown, PA 17011
Phone: (717) 737-8761
Fax:
E-mail: jbogar@bogarlaw.com
DECREE OF THE REGISTER
Date of Death: 12/29/2012
Social Security No: 205-09-9217
Estate of Janet K. D'Agostino File No: 21 =r ` • LY ~~~
a/k/a: - - ___
AND NOW, ~,¢"" G4--~~--~-r,:~
satisfactory proof having been prese
y~-~- ~-Lt !„~`' , in consideration of the foregoing ~'etition,
before me, IT IS DECREED that Letters Testamentary ,
are hereby granted to Arthur D. D'Agostino
in the above estate and (if applicable) that the instrument(s) dated 03/06/1997
described in the Petition be admitted to probate and filed of record as the I~t/Wi,~(and Codicil(s) of Decedent. ~ ~ ~
Register of Wills L-~/~h,e._~~
Copyright (c) 2011 form software only The Lackner Group, Inc. Page 2 of 2
.~~~"'~
LJ
', 'mss '
P~;~ '~ ~
r e , L
~~.,, ~ y
w .,, '" ;~
_.
LAST WILL AND TESTAMENT ~ - ~-r-.
. ..
. ~~; ;
OF ~..a ~
~;r
JANET K. D'AGOSTINO
I, JANET K. D'AGOSTINO, of 3510 Walnut Street, Camp Hill,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby make, publish and declare this to be my
Last Will and Testament, hereby revoking all other Wills and
Codicils previously made by me.
ITEM I: I direct that payment of all my just debts, expenses
of my last illness, funeral expenses, and cremation expenses and
the costs of administering my estate from my estate as soon after
my death as conveniently may be done.
ITEM II: I give, devise and bequeath all of the rest, residue
and remainder of my estate, of every nature and wherever situate,
together with all insurance policies thereon, unto my son, ARTHUR
D. D'AGOSTINO, providing the said Arthur D. D'Agostino shall
survive me by ninety (90) calendar days.
ITEM III: Should my said son predecease me or die on or before
the ninetieth (90th) day following my death, I give, devise and
bequeath all of the rest, residue and remainder of my estate of
every nature and wherever situate, together with all insurance
policies thereon, to my three grandchildren, namely Dominic C.
D'Agostino, Joseph E. D'Agostino and Daniel A. D'Agostino,
absolutely, share and share alike; in the event any of my
grandchildren predeceases me or dies within ninety (90) days of my
death, then his or her share to go equally to his or her children
then living, per stirpes and not per capita, otherwise to the
survivor of them.
Provided, nevertheless, I direct that none of my apartment
buildings be sold within five years of the date of my death unless
needed for the payment of taxes or estate bills which shall be done
at the discretion of my Executor until enough funds are obtained
for the payment of taxes and estate bills and expenses, and in the
event any of the apartment buildings are awarded or conveyed in
kind to any of my above named beneficiaries or trustee that the
deed of conveyance shall contain this restriction: The premises
cannot be conveyed or sold for a period of f ive years from the date
of my death.
ITEM IV : The share of any beneficiary under twenty-five ( 2 5 )
years of age shall go to Dominic C. D'Agostino, or if not
empowered, a financial institution appointed by my personal
representative, in trust, for the following purposes:
1 . The income and the corpus of the Trust to go for the care ,
maintenance, education, occupational training and. to enhance any
personal skills or interest in the musical field or any other field
and the welfare of said beneficiaries to the extent other income
is insufficient . My said Trustee shall give the highest regard and
credibility to the adult person with whom said person resides and
upon request or demand of such adult person for payment or
reimbursement for present or future expenses that involve the said
items for the good and welfare of my beneficiaries, said Trustee
is authorized to pay such requests or demands for present and
future expenses without any further investigation or order of court
and without any further liability or responsibility for the
application of such monies paid.
2. Whenever said beneficiary attains the age of twenty-five
(25) years, then the Trust shall pay over to said beneficiary all
the rest, residue and remainder to the said beneficiary. If the
beneficiary dies before attaining age twenty-five (25), the Trust
shall terminate and such share shall be distributed to his or her
personal representative.
ITEM V : I direct that any and all taxes that may be assessed
in consequence of my death, including all inheritance, estate and
transfer taxes imposed upon my estate passing under my Will or
otherwise, shall be paid out of the principal of my residuary
estate as a part of the expense of the administration of my estate .
ITEM VI: I authorize and empower my personal representative
to compromise, adjust, release and discharge in such manner as my
personal representative may deem proper, all debts and claims owed
by or to me or my Estate; to sell, lease or exchange at public or
private sale or in such manner, at such prices , and upon such terms
of credit or otherwise, as my personal representative may deem
proper, all or any part of my property, real or personal; to exec
ute, acknowledge and deliver instruments of conveyance, including
deeds in fee simple; to borrow money for the purpose of paying
estate, inheritance or other taxes which are required to be paid
and to secure any such loans by pledge or mortgage of all or any
part of my property and to execute the necessary instruments to
carry out such powers; to distribute my estate in kind or partly
in money or partly in kind, and to determine the fair value at
which any property so distributed in kind shall be received by the
distributees; to conduct any business in which I have an interest
at the time of my death, for such period as my personal
representative may deem proper, power to borrow money and pledge
assets of the business and the power to do all other acts that I,
in my lifetime, could have done, to delegate such power to any
partner, manager or employee without liability for any loss
occurring therein and to organize a corporation to carry on said
business as capital to such corporation and accept stock in the
corporation in lieu thereof and hold such stock for the uses of
this my Will, and to vote said stock or sell the same as to my
personal representative may seem best; to retain all stocks,
assets, bonds and investments owned by me without being confined
to what is known as legal investments; to execute any options to
purchase, to apply for stocks, bonds or other investments, to
purchase or otherwise acquire real estate and to execute the same
powers thereover as hereinbefore provided, to retain indefinitely
any part of my assets, real or personal, which is or may become
unproductive or to make sale thereof; to pay carrying charges and
expenses of the property out of other principal or income of my
estate; to invest and reinvest in all forms of property without
restriction to investments authorized for Pennsylvania fiduciaries,
as my personal representative deems proper, without regard to the
principle of diversification or risk; to exercise any law-given
option to treat administrative expenses either as income tax or as
estate deductions, without regard to whether the expenses were paid
from principal or income . The powers herein conferred shall be to
my named personal representative and all successors thereto and
shall be in addition and not in limitation of other powers
conferred on said fiduciary.
Any and all payment or payments of any sum or sums, whether
in cash or in kind and whether for principal or income payable to
any beneficiary shall be made upon the sole receipt of the
respective beneficiary to whom the payment is made and free from
anticipation, alienation, assignment, attachment, and pledge and
free from control by the creditors of any such beneficiary.
ITEM VII: All shares of principal and income hereby given
shall be free from anticipation, assignment, pledge or obligation
of the beneficiaries and any of them and shall not be subject to
any execution or attachment, levy or sequestration or other claims
of the creditors of said beneficiaries or any of them.
ITEM VIII: I nominate, constitute and appoint ARTHUR D.
D'AGOSTINO, as the sole Executor of this my Last Will and
Testament, to serve without bond. In the event of the
renunciation, death, resignation, refusal or inability to act for
any reason whatsoever of the said ARTHUR D. D'AGOSTINO, I
nominate, constitute and appoint DOMINIC C. D'AGOSTINO as the
Executor of this my Last Will and Testament, to serve without bond.
IN WITNESS WHEREOF, I, JANET K. D'AGOSTINO, have, to this my
Last Will and Testament, set my hand this -~~~= day of
~, W _ ~...
,1~.. ~ ,,,~ ( SEAL )
,:`JANET K. D' AGOST.INO
~'~
Signed, sealed, published and declared by JANET K.
D' AGOSTINO, the above named Testatrix on the ~~' ~`~ day of
~ ,~,,1,_ ~~ 19 ~ " as for her Last Will and Testament,
in t e presence of us, who, in her presence, and in the presence
of each other, have, at her request, subscribed our names as
witnesses hereto.
..
residing at ~~;;~ ~~;- f;~, ,~- ~r`/-~ -; _ .,~ .~_ ~~~- -~~~
,.
`~
F ~ ~.
\T ~ - i ~ J
-~ ~#` ~~ r-% / ~ i
<-
~7~~ ~) r
residing at ;:;,~C~ ~,~,~ ~~~~~, (../~` ~.~-~ ;~
~,_ _7
'`.~.G~. r ~GJ
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~,~_ SS
WE, the undersigned, the Testatrix and the witnesses,
respectively, whose names are signed to the foregoing instrument,
being first duly sworn and qualified according to law, do hereby
declare to the undersigned authority that we were present and saw
the Testarix sign and execute the instrument as her Will, and that
she had signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each of
the witnesses , in the presence and hearing of the Testatrix, signed
the Will as witnesses and that to the best of their knowledge, the
Testatrix was at that time eighteen years of age or older, of
sound mind and under no constrain or undue influence, and I, the
said Testatrix, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament, that I signed it
willingly, and that I signed it as my free and voluntary act for
the purposes therein expressed._
(~~ 1
~~ ~ I
! ,' 'testatrix ~~.,
F -
. ~` , ~ `,
,. .~'W tne~~. _
~~ ~ :~
F ~~
Witness
Sworn to and subscribed before
me this ~ ~- day of ~~~~.,~~ ,~ ~~ _,
19 rr/ ~
--~
NOTA.R~A,L SEAL ~
NOtary P bl1C ~~ i Mary D. L'erHage. P",'ctary Put i ~
.C ~
My Commission Expires . ~ °'~~s~'~'r~ ~~r.~~, `~'"' K ~~"-",y ''
iT, fI'/ ~;.'~('"1inI~S'J('I E,k,~'...__.~S i`f ~ 7..~~) _ i