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HomeMy WebLinkAbout01-31-13Reset PETITION 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: Eleanor Fortini a/k/a: Eleanor B. Fortini a/k/a: a/k/a: Date of Death: January 18, 2013 File No: ~1! - ~ I I (Assigned by Regis Age at death: 82 Decedent was domiciled at death in Cumberland County, pennavlvan;a (Smte) with his/her last principal residence at 1012 East Coover Sueet Mechanicsbure, PA 17055 Mechanicsbure Boroueh Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1012 East Coover Street Mechanicsbure . PA 17055 Mechanicsbur Boroueh Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: Ijdomiciled in Pennsylvania .......................... .. All personal property $ 50,000.00 If not domiciled in Pennsy!vania ...................... .. Personal property in Pennsylvania $ If nor domiciled in Pennsylvanio ...................... .. Personal property in County $ Value of rea! estate in Pennsylvania .................... ..................................... $ 17n nnn nn TOTAL ESTIMATED VALUE... . $ 220.000.00 Real estate in Pennsylvania situated at: 1012 East Coover Street Mechanicsbure PA 17055 Mechanicsbure Boroueh Cumberland (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code Cily, Township or Borough County ® A. Petition For Probate and Grant of Letters Testamentar Petitioner(s) aver(s) he/s~/t is/ the Executor(s) named in the last Will of the Decedent, dated August 5, 2011 and Codicil(s) thereto dated N/A State relevant circumstances leg. renunciation, death of executor, arc.) Except as follows: after the execution ofthe instrument(s) offered for probate Decedent did not malty, was not divorced, was not a party to a pending divorce proceeding wherein the grounds far 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. ©a NO EXCEPTIONS ©EXCEPTIONS Q B. Petition for Grant of Letters of Administration (leapplicable) c.t.a., d.b.n., d.b.n.ac.a., pendente lice, durance absentia, durante minoritate If Administration, c.ta. or db.n.c.ta., enter date of Will in Secfion A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divor6a~had been est~Fli~shed as de~ned in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. , o r--' ~r M NO EXCEPTIONS ©EXCEPTIONS to Cn ~~7 r..~o ~ rri x r -' e:.7 -u Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the follo~gSpouse (if wand heirs(jptiach additional sheets, ifnecessaryJ: rr'~ F-,a ,;7f r~~ry Cn : t; tt~ Name Relationshi Ad r~s ~? ~ ~ -,~; ~i't c: Form RW-02 rev. l0/l 1.110/! PagB I Oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } ss: COUNTY OF Cumberland } Official Usc Only .- », REGlS'i"_ ~i` Petitioner(s) Printed Name Petitioner( to Anthon Fortini 12 Golfview Road Cam Hill PA 17011 i r. , , The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition aze tme and correct to [he best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Deced~e,t.; t~e Petii ner(s) wil~wetl~rtStruly administer the estate according to law. Sworn to or affirmed an subscribed before (~ ~ ,c..~ Dare /' 3 /- /3 met ' ay ~ Date $ Date For the Register Date BOND Required: Q YES Q NO FEES: (/ / ~ Letters ...................... $ / I l1 (~ )Short Certificate(s)...... ~~(~ ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commissi n. .~.. ...... Other Automation Fee .............. . JCS Fee . .................... TOTAL ..................... To the Register of Wi((s: Please enter my appearance by my signature below: Attorne~~ ~~ // Printed Name: Wayne M. Pech[, Esquire Supreme Court ID Number: 38904 Firm Name: Pecht & Associates, PC Address: 1905 Mannr Drive Suite 200 Mechanicsburg. PA 17055 Phone: ~.L-L Fax: Email: 717-691-9808 717-691-2070 a~ht rhtlaw rnm /3- n DECREE OF THE REGISTER Estate of Eleanor Fortini File No: ~ ' I ~ J I' T- a/k/a: _ -- AND NOW satisfactory pros I ,~~ ~ 3 , in consideration of the foregoing Petition, de before me, IT IS DECREED that Letters Testamentary hereby granted to Anthony Fortini in the above estate and (iEanglicable) that the instrument(s) dated August 5, 2011 described in the Petition be admitted to probate the list ill (and Fo.,,~aw-nz .e~. rorivmu V ~~ ~ Page 2 oft n' ~ 'i; LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARIVIf~~: It is illegal to duplicate this copy by photostat or photograph. I~ee for this certificate, $6.00 REGIS?';°, Or `, 'f.L,S This is to certify chat the information here given is ~~,~ ~GV p„1 n correctly copied firm an original Certificate of Dead3 U13 ul,l~ 31 Ili I 1 ~ duly fio,ed with me as Local Registrar. The original certificate will be forwarded to the State Vital CLEF; ~ ',1;' Records Office for permanent filing. ORPHANS' CQI;~;~` _P 1917 9 5 5 ECUMBER!-A~%~ n~., Pn ~,~~- ~~ ~tlatl~2L3_ Certification Number Local Registrar ('Date Issued /Pn E 8 3 Y COMMONW4L3X Oi IEXMSYLVIXM•4EPMRAfXi OiXGLiM •Vlrn[PFCONM CERTIFICATE OF DEATH _._.._..__._.. nlal,.un.wmq s.. 3.swns,arln xpmM, ,. wuorwnn lmyonnrllswn Mpl r. 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Kp 1~900.7957e1 r h'11 e C -•/~ nM pr«xnl<.: pm w: xXMr wdlM.: •^ . )9h rme ma < Hp, Cpnd,l 4u IpnM 1 1 ee ~° I ~~ ' ~ ' 3%. wr 1 r ~ ~~ 1:7 iyo n. A°c tAnli@ uti k. 0 / J / / w.NwXrrt„oM.ldnpm .slp„ xrt,x w» r : ~_ a .-~ QN,,.aa so .3 .m,.emx x q<Pa,mo,.wmx xp. 0819535 nECm/mu r -e~~~ ~~:> ~ ~~ast':Will and Testament ~,,_:-:. CUia4E"L:,:' ~~ ~; ELEANOR B. FORTIlVI I, ELEANOR B. FORTINI, of Mechanicsburg, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM 1: Family Information. I am married to Mario R. Fortini, and all references to my husband in this Will are to him. I have four children: Pamela Ann Tarell (born September 19, 1953); Anthony Fortini (born September 30,1955); Mary Ellen Wotring (born August 3,1964); and Richard Fortini (born October 9, 1967). My children are referred to in this Will as my children or as children of mine. Any person born to or adopted by a child of mine is referenced in this Will as my issue. Provided, however, no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty-one (21) years. ITEM II: Death Taxes. I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for the marital or charitable deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses ofmy last illness and funeral expenses from the residue of my estate as an expense and cost of administration ofmy estate. Initials ITEM [V: Tangible Personal Prouerty. If I die before my husband, Mario R. Fortini, I give to him all my tangible personal property, including but not limited to, all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not die before my husband, I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my tangible personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequently discovered list shall be ignored. If I survive my husband, I give any property of the type described in this Item and not set forth in a written list to my children, to be divided among them as they shall agree. Should there be no agreement, the executor shall divide this property among them in equal shares, as the Executor, in his discretion, deems appropriate, having due regard to the personal preferences of my children. ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding portions of thi s Will, to my husband, Mario R. Fortini. If my husband does not survive me, l give the residue of my estate, not disposed of in the preceding portions of this Will, to my children, Pamela Ann Tarell, Anthony Fortini, Mary Ellen Wotring, and Richard Fortini, in equal shares, per stirpes. If any of my said children shall predecease me, leaving no issue, such deceased person's share shall be distributed to those of my children who survive me, in equal shares, per stirpes. ITEM VI: Administrative Powers. In addition to the powers granted at law, the Executor and the Trustee shall possess the following powers, each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: A. To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. B. To vary investments, to make loans, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, to ~ ~ 2 Initials without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. C. The Executor is authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. D. To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shal l be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor is authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor. E. To mortgage real estate, and to make leases of real estate. F. To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate established by this Will. G. To pay all costs, taxes, expenses and charges in connection with the administration of my estate established under this Will. H. To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. I. To vote shares of stock which form a part of my estate established under this Will, and to exercise all the powers incident to the ownership of stock. ~ ~' w 3 Initials J. To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. K. To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under athird-party beneficiary contract. L To prepare, execute and file tax returns of any type required by applicable law, including but not limited to filing a joint tax return with my surviving spouse, and to make all tax elections authorized by law. M. To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor is entitled. N. To'allocate administrative expenses to income or to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. O. To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of any property included in my estate, whether or not passing under this Will, by allocating any amount by which the bases of assets may be increased. The Executor shall be under no duty and shall not be required to allocate basis increase exclusively, primarily, or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving property as a result of my death, but shall not be liable to any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. P. To compromise claims. 4 Initials 'I'o do all other acts in his or her judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate established under this Will. ITEM VII: Distributions to or for Beneficiaries. The Executor is authorized to distribute principal and/or income in any one or more of the following ways if the Executor considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or ifthe beneficiary is under a legal disability: A. Directly to the beneficiary; B. To the legal guardian or conservator of such beneficiary; C. To a Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-five (25) years; D. To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or E. By directly applying distributions for the benefit of the beneficiary. ITEM VIlI: Survival. Subject to item X, any person who has died within thirty (30) days after my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ffEM IX: Executors and Trustees. I make the following provisions with respect to my Executors and Trustees: A. I appoint my son Anthony Fortini to be the Executor of my Estate. In the event that my son Anthony Fortini is unable or refuses to serve as Executor of my estate, I appoint my son Richard Fortini to serve as Executor of my estate. ~~ ~r 5 Initials B. The Executor shall have the right to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. C. No Executor shall be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. D. The Executor is specifically relieved from the duty of filing bond or entering security. ITEM X: Simultaneous Death. In the event that my spouse and I die simultaneously, or that the order of our deaths is uncertain, he shall be deemed to have predeceased me. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages this 5th day of August 2011. 1 Eleanor B. Fortini SIGNED, SEALED, PUBLISHED and DECLARED by Eleanor B. Fortini, the above named Testatrix, 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. Residence ~ti~s ~ti,Ct,~, v~~aw, ~~~ V'1oUs Residence \dd`-~ t'(~Gt~o< `~~~~~~~+: ~ 6 ~r Initials ~~D~- ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: ~~ We, Eleanor B. Fortini, A~~~ --~ ~~~ ~ ~k z~~~'t and ~04~ ~ ~-~ c~ti~r > Testatrix and witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose therein expressed, and that each ofthe witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that tc> the best ofhis/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue intluence. Eleanor B. Fortini Testatrix ~~i~ Witness Witne Subscribed and sworn to and acknowledged before me by Eleanor B. Fortini, the Testatrix, and subscribed and sworn to before me by ~:.cs .,~ c ~ \\ , ~~~, c \ ~ ~ and ~~o~~ ~i,~~4 L\~ ~r ,witnesses, on this 5th day of August 2011. ,~. - ` ~- ary ublic COMMONWEALTH ^F PENN5YLVANIA NOTARIAL SEAL Lori A. Backecs!oes • Notary Public Lower Allen 7wp„ Cumberland County / ' MY COMMISSION EXPIRES OCT. 14, 2011 ~-~- ~ Initials