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HomeMy WebLinkAbout02-07-13Reset AMENDED 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 [hereof aver(s) the following and respectfully request(s) [he grant of Letters in the appropriate form: Decedent's Information Name: ELEANORFORTINI a/kfa: ELEANOR B. FORTINI alkla: a/k/a: Date of Death: January I8, 20I3 File )~~ ~ ~ ~ ~ I (Assigned by Register) Social Security No: 109-22-9305 Age at death: 82 Decedent was domiciled at death in Cumberland County, Penncvtvan;a (Score) with his/her last principal residence at 1012 East Coover Street Mechanicsbur PA 17055 Me hanicsbur Borou h Cumberland Street address, Post (Nfice and Zip Code City, Township or Borough County Decedent died at 1012 East Coover Street Mechanicsburg PA 17055 Mechanicsburg Borough Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedents property at death: !f domiciled in Pennsylvania ............................ All personal property S 50.000.00 Ijno1 domiciled in Pennsylvania . . ...................... Personal property in Pennsylvania S If not domiciled in Pennsylvania ........................ Personal property in Counry S Value of real estate in Pennsylvania ......................................................... $ 170 000 00 TOTAL ESTIMATED VALUE.... $ 220.000.00 Real estate in Pennsylvania situated at: 1012 East Coover Street Mechanicsburg PA Mechanicsburg Borough Cumberland (Aaach additional sheets, ijnecessary) Street address, Poet Office and Zip Code Ciry, Towoship or Borough CouoTy ® A. Petition for Pro at and Grant of Letters Testamenta Petitioner(sj aver(s) he/ e/ y is a the Executor(s) named in the last Will of the Decedent, dated January 12, 2012 _ _ and Codicil(s) thereto dated NIA Slate relevant circumstances (eg. reauaciatton, death ofexecutur, etc) Except as follows: after the execution ofthe instmmem(s)offered forprobate Decedentdid not many, was notdivorced, was notapartyto apendin8 divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child bom 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 (tf applicable) c.[.a., d. b.n., d. b.n.c. r.a., pendenre lire durante absentia, durante minoritate IF Administration, c.t.a. or rLb.n.c.ta., 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 Pe. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ~~,. ,~ ©NO EXCEPTIONS ©EXCEPT10N5 Petitioner(s), after a proper search has/have ascertained that Decedent left no Wili and was additional sheets, if necessary): n r w ~ m r --.1 '~ Name Relationshi s Z 7C -r1 ~ T D C-) p --ri O C t--s _, C7 ~ N r m fn ~ n o t-arm ew-oz .er. im~unon Page 1 of t Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Official Usc Only QFF~ Petitioner(s) Printed Name Petitioner(s) Printed Address Anthon Fortini 12 Golfview Road Cam Hill PA 17011 pttt f 1 t NO ~~•- -- To the Register of W7!!s: Please enter my appearance by my signature below: The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Deced~~hP aioner.(s)~w~ill~well and tmly administer the estate according to law. Sworn to or affirmed n ibed before i~~a5ia ~ ~ Date Z - 7 -/,3 day i Date By: Date For the Register Date BOND Required: Q YES ,~ NO FEES: ~~ Letters ...................... $ ( ) Short Certiticate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ........ . ... . ( )Affidavit(s)........... . bond ........................ Commission ................. . Other ........ Automation Fee .......... . ... . JCS Fee ..................... TOTAL ..................... Attorney Signature:~~,~/~ il~~~2/ T Printed Name: Wayne M. Pecht, Esquire Supreme Court ID Number: 38904 Pirm Name: Pecht & Associates, P.C. Address: 1205 Manor Drive Suite 200 Mechanicsbur¢, PA 17055 717-691-9808 717-691-2070 rrj7(~nrrhtlaw rnm E Of IL~S 12 20 ~uRT ;0:. PA' $ ~ S ~ L- DECREE OF THE REGISTER Estate of Eleanor Fortini File No: ~ ! _ ~ ~ I' a/k/a: Eleanor B. Fortini AND NOW, , in consideration of the foregoing Petition, satisfactory proof av g been esen before me, IT IS DECREED that Letters Testamentary are he eby granted to Anthony Fortini in the above estate and (if applicable) that the instrument(s) dated January 12, 2012 described in the Petition be admitted to probate and filed gf~p~cord has the l st Will (and Co i il(s)) Decedent. R~eq',gY/t_~s~ter of Wil Form R W-02 rev. 10/l )/2011 ~ ~ Page,L OZ Phone: Fax: Email: n ~ ~ ~„ m ~~ ~ ~ Last Will and Testament ~ ~ ~ `~ r" Z to -,} ~'.7 r:::~ OF ~' V1 X ~; ~-~ O C.l -~, • , ELEANOR B. FORTINI `' `~ ~; `: r. t._ rrt , -- ,. u 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 I: Familv Information. I am married to Mario R. Fortini. I have four children: Pamela Ann Tarell (born September 19, 1953); Anthony Fortini (born September 30, 1955); Mary Ellen Wotring (born August 3, 1464); 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. ITF,M II: Death Taxes. 1 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. I'T'EM IIl: Debts and Final Expenses. I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. Initials i ITEM IV: Taneible Personal Property. If 1 die before my children, Pamela Ann Tarell, Anthony Fortini, Mary Ellen Wotring, and Richard Fortini, I give to them 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. Such property shall 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. 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. [TEM V: Residue. I give, devise, and bequeath all the rest and residue of my estate to my children, Pamela Ann Tazell, Anthony Fortini, Mary Ellen Wotring, and Richazd 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, without being restricted to so-called "legal investments", and without being limited h env statute or rule of law regarding investments by fiduciaries. ~~ 2 Initials 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 beneficiazies so long as the total mazket 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, voluntazily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. U. 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 shall 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 heneficiaries, 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. L 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. 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. 3 Initials 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 chazitable deduction. O. T'o 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 beneticiaries 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. To 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. ~~ __ 4 Initials ]TEM VII: Distributions to or for Beneficiaries. The Executor is authorized to distribute principal 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 if the 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 benefi t of the beneficiary; or E. By directly applying distributions for the benefit of the beneficiary. ITEM VIII: Survival. Subject to item X, any persan 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. ITEM 1X: 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. 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. ~~ 5 Initials 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 WIITIESS 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 12th day of January 2012. ~r~/ . 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 pre`s/ence, and in the presence of each other, have hereunto subscribed our names as witnesses. GV 1250 Manor Drive, Suite 200 Mechanicsburg, PA 17055 -S Initials 1250 Manor Drive, Suite 200 Mechanicsburg, PA 17055 6 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: We, Eleanor B. Fortini, ~~-~'v`~.~~~~' and ~o c ~~J~~ _, 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 aid voluntary act for the purpose 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 ofhis/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Eleanor B. Fortini Te tatr' C' Witne s ~~N- ~ ~ ~ mar'-' Wi e Subscribed and sworn to and acknowledged before me by Eleanor B. Fortini, the Testatrix, and 1 subscribed and sworn to before me by ~~~r..~L Y`t\ . ~ c,~~ and --a ~.n .~ ~ ~ ~g.r ,witnesses, on this 12th day of January 2012. `~ Nd ~ Public COMMONWEALTH OF PENNSYLVANIA Notana{ Seal .Knsta J. Coui~ao. Notary Public Lower Pazwr. ~•wp. Oauphln County D M Commuapn Exp~tca March B, 2013 +J'T 7 M~rnMr, P~nnsyWmW Aaggtappn of Notaries Initials