HomeMy WebLinkAbout06-13-13 .
. �N��
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF L'��y1�3�"/�'L-l�-�/(7 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. G�.�) L.:��-�.�t-('i FileNo• � I- �„5� • �L1`1
a/k/a: � (Assigned by Register)
a/k/a:
a/k/a: Social Security No: �
Date of Death: }�,� o`�� Age at death: 9
Decedent was domiciled at death in ��l hc%rf�A"�9 County, /'� (srure)with his/her last
principal residence at��DD I��,tJf' ['�°E�� !a .I/� i'!?�GffA�/fSC�U2C /�6�- G(S'/�
Street address,Post OfCce snd Zip Code City,Townsbip or Borough County
Decedent died at �` �r ��
Street address,Post Offiee and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................ All personal properry $ L,� �d� ��
Ifnot domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not dnmiciled in Pennsylvania. ....................... Personal properry in County $
Value of real estate in Pennsylvania......................................................... $
TOTAL ESTIMATED VALUE.... $
Real estate in Pennsylvania situated at: N�
(Artach addirional sheers,ifnecessary.) Street address,Post Oftice and 7,�p Code City,Township or Borough County
�A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated Fe�6 �o i/ and Codicil(s)
thereto dated
State relevant circwnstances(e.g.renunciation,death ujexecutor,etc.)
Except as fotlows: after tlie 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 ae incapacitated person.
�NO EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If appiicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durunte absentia,durante minoritute
If Administration,c.t.a. or db.n.c.�a.,enter date of Will in Section A above and co�nplete list of heirs.
Except as follows: Decedent was not a parry to a pending divorce proceeding wherein the grounds for divorce had been estab(ished 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 search has/have asceRained that Decedent IeR no W ill and was survived by the following spouse(.if any)and heirs(atturh
uclditionul�•heets,i/'necessury): C � � �
Name Relatianshi �d s � �? c�
� n v� ..�'
�7 —, i.:
A r' � r�.; ';�
� . . :
� � � G �
c7 O � `�
O <=
� � � t�"J
CJl G� �
Form RW-01 ,���.la�lfizn» Page 1 of 2
'---•.. �"---- _ n . _ . . .eF,/ ,
���
Oath of Personal Representative ors��al use on�y
COMMONWEALTH OF PENNSYLVANIA } �� �+r�"�-� U����� �F
} SS:/5��3� 38SC� � y�,� � ii� Vi Et:f3A_�J
COUNTY OF �����LfIiU� }
°i
Petitioner(s)Printed Name Petitioner(s)Printed Address
�„e� �-i.� � � �-2��.r c�- ���� i 3
���Ar�s cauRr
.,
The Petitioner(s)above-named swear(s)or aff`trm(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 Decede ,the Peti'o s)will well and truly administet the estate according to law.
Sworn to or affirmed and subscribed befor�,e Da�e 3 c3'D "�
me t i day o ,��11 1 Date
BY: �Q � �� � Date
v� o
For the Register Date
BOND Required: Q YES �NO To the Register af Wi1ls:
FEES' Please enter my appearance by my signature below:
Letters. . . . . . . . . . . . . . . . . . . . . . $ v'�v Attorney Signature:
( r. ) Short Certificate(s}. . . . . .
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Af�davit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Namc:
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number:
l�t)t 11 . . . . . . 1F,.��
,�pytnn�c;r� , , . . . . . .]�j.(jU Firm Name:
„�-Q}� (1(� , . . , , . . . �'�j•� Address:
. . . . . . . Phone:
Automation Fee. . . . . . . . . . . . . . . •(ja Fax;
JCS Fee. . . . . . . . . . . . . . . . . . . . . . �6 Email:
TOTAL. . . . . . . . . . . . . . . . . . . . . $ � �-$$0
DECREE OF THE REGISTER
Estate of /y'�L E!(/l,�CC�4fi/ File No: ��-��� - L,Q�I'�
a/k/a:
AND NOW, � r�{y�,,( �,�� , o��� , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters T1S-�(Y1�.���r�-/
are hereby granted to MQCI Q T �1��L�
he above estate and(if applicable)that
the instrument(s)dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil�s))of Decedent.
egister of Wills �r �����,
Form RW-02 rev. 10/!1/2011 �� Page 2 (?` :�
.
-
wflu�
.I,AST WILL AND TESTAMENT
OF
HELEN L. ROCCATI
I, HELEN L.ROCCATI,currently residing at The Bridges at Bent Creek, 2100 Bent
Creek Road, Mechanicsburg, Cumberland County, Pennsylvania,being of sound and disposing
mind,memory and understanding,do hereby make,publish and declare this as and for my Last
Will and Testament,hereby revoking and making void any and all former Wills,Codicils,or
writings in the nature thereof,by me at any time heretofore made.
FIRST: I hereby direct my Personal Representative to pay all my just debts, funeral and
administrative expenses out of my estate, as soon as practicable after my death.
SECOND: I direct that all ta�tes which may be assessed in consequence of my death,of
whatever nature and by whatever jurisdiction imposed, shall be paid out of my estate as a part
of the administration of my estate.
c� `_�'
c �,,.> �a �.�,.�
THIRD: I hereby direct that my hurnan remains be cremated. � ° � �-�, �
t'tl Y n :� U� �J
� �, r- --t '�
� � � }-� �.,,t i-�.7
� �:j W i':i t:�
,�'Y . �� � �
l:.7 � ^� � � �
: :O ►'-� � !'�"}
`�J '-1
� C 1'S (/l O
Q �1
.. . _ . _ . . i h,.. . .
, M�u�
FOURTH: I hereby give,devise and bequeath my entire estate, rea1,personal or mixed, of
wha.tever nature and description,however acquired and wheresoever situate which I may own �
or have the right to dispose of at the time of my death,as follows:
A. Unto MARIE T.HEGGLIN,per stirpes and not per capita, absolutely,
seventy-four percent(74%)of my esta.te.
B. Unto SHIRLEY FORTIINA,per stirpes and not per capita, absolutely,twenty-
four percent(24%)of my estate.
C. Unto ANN MARIE FORTIINA,ROGER A. F4RTUNA,III,AARON L.
HEGGLIN,GAVIN HEGGLIN AND MOIRA HEGGLIN,or the survivors
of thern,two percent(2%)of my estate,per stirpes and not per capita,
absolutely.
I hereby speciflcally direct that anyone who contest this Will shall lose their portion of
the esta.te, if that Will contest is defeated. That person's share shall go back into item Fourth,
Section A.
FIFTH: I hereby nominate, constitute and appoint my daughter,MARIE T.HEGGLIN,as
Executrix of this my Last Will and Testament. In the event she is deceased,unable or
unwilling to serve in said capacity,then I nomina.te, constitute and appoint TERRY L.
HEGGLIN,as Executor. In the event he is deceased,unable or unwilling to serve in said
capacity,then I nominate,constitute and appoint JOSEPH SPIELBAUER,as Executor. I
direct that my personal representative(s) sha11 not be required to give bond or security for the
performance of their duties in any jurisdiction.
_ . ,,._
, wNll�
SIXTH: In the event that GAVIN HEGGLIN and/or MOIRA HEGGLIN sha11 be under the
age of twenty-one(21)years,their shares of said property sha11 be held in two separa.te
TRUSTS and administered and distributed in accordance with the following provisions:
A. All of the income of each Trust sha11 be accumulated and reinvested
in such a manner as to increase the size of the trust res; and
B. As much of the principal and accumulated income of each Trust as
TRUST'EE may from tixne to time think advisable for the support and
education(including college education,both graduate and undergraduate)
of said children,or during illness ar emergency, or for general welfare and
maintenance sha11 either be paid to them or else applied directly for their
benefit by the TRUSTEE a.fter taking into considera.tion their other readily
available assets and sources of income.
C. To pay the accumulated income and principal then existing in the Trustee's hands
when Gavin Hegglin attains the age of twenty-one(21}; to pay the accumulated
income and principal then existing in the Trustee's hands when Moira Hegglin
attains the age of twenty-one(21), at which time the Trust sha11 cease.
SEVENTH: I nominate, constitute and appoint TROY HEGGLIN as TRUSTEE under this
my Last Will and Testament. In the event he is unable or unwilling to serve in such capacity, I
then appoint ERIN HEGGLIN as TRUSTEE under this my Last VVill and Testament.
EIGHTH: In addition to the powers conferred by case law,by statute and by other provisions
of this Last Will and Testament,my personal representative, and any successors in that capacity
sha11 have the following discretionary powers applicable to all real estate and personal property
held by them, which powers sha11 be effective without Order of any Court and which shall exist
and continue until the time of actual distribution:
A. To retain any property of any nature received by them for whatever period it sha11
be deemed advisable;
B. To invest and reinvest a11 or any part of the assets of my Estate without regard to
statutes limiting the property wiuch a fiduciary may purchase;
,�_
�n ii�
C. To sell,transfer,exchange or otherwise dispose of, any part of the assets of my
Estate,for cash or on terms,publicly or privately, or to lease,without liability on the
purchasers to see to the application of the proceeds, and to give options for these
purchases without the obligation to repudiate them in favor of a higher offer;
D. To execute and deliver any deeds,leases,assignments or other instruments as may
be necessary to carry out the provisions of this Will;
E. To borrow money,if necessary to facilitate the administration and closing of my
Estate,including the right to borrow money from any bank,and to mortgage or
pledge any asset of the estate as security;
F. To loan to, and to purchase assets from,my Estate,even if also acting as Executor
thereof;
G. To assume continuance of the status of any beneficiary with regazd to death,
marriage,divorce, illness, incapacity and similar incidents or matters in the absence
of information deemed reliable without liability for disbursernents made on such
assumption;
H. To make any distribution hereunder either in kind or in money,or partially in kind
or partially in money, considering of course the reasonable wishes of the
beneficiary. Distribution in kind sha11 be made at the appraised value of the
property distributed, as it is set forth in the Inheritance Tax Return filed in my
Estate;
I. To exercise any subscription right in connection with a.ny security held hereunder,
to consent to or participate in any recapitalization,reorganization,consolidation or
merger of any corporation,company or association,the securities of which may be
held hereunder; and to delegate authority with respect thereto,to deposit
investments under agreements,to pay assessrnents, and generally to exercise all
rights of investors;
J. To continue in any partnership,joint venture,joint ownership or other business
enterprise of which I am a part at the time of my death;
K. To compromise claims;
L. To continue for whatever period of time my personal representa.tive shall deem
necessary any ownership as a tenant in common or as a partner, in real estate or
other property and to act as I would have done had I been living;
M. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of the assets of my Estate;
�, _
I�II�
N. I direct that my personal representative may be compensated for the services they
render as Executor under this my Last Will and Testament;
O. Should any changes occur in the Internal Revenue Code or Pennsylvania statutes
after the date of the execution of this Will which affect the tax liability of my estate,
then to the extent possible and as may be permitted by law,my personal
representative sha11 ha.�e the power and discretion to interpret this Will and to
administer my Estate in a manner which results in the lowest t�liability possible;
IN WITNESS WHEREOF,I hereunto set my hand and seal this �� day of
�i ,201�9�
' � .,� > /'c.,�:���(
yC W
,��:(�r�J �'✓� G
H�LEN L.ROCCATI
SIGNED, SEALED,PUBLISHED and
DECLARED in the presence of:
COMM�NZ'VEALTH OF PENNSYLVANIA
NOTARIAL,SEAL
Kartn A.Trueax,Notary Public
Silver Springs Township,Cumbedand Couaty
M commission ex ires December�4,2013
;;. _
. . I q 111
ACKNOWLEDGEMENT
I, HELEN L.ROCCATI,the Testatrix whose name is signed to the attached or
foregoing instrument,having been duly qualified ac�ording to the law, 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 a.ct for the purposes therein expressed.
�,-, ,
��(��,,..,.�' ; � �
HELEN L.ROCCATI `
Swo or a.ffirm d d acknowledged before me by HELEN L.ROCCATI,the Testa.trix,this
�day of ,2fl�•
,,----^
o Public
coa,fl�toNwEar,Tx oF r�rrsYr.v,axra
NdCARIAL SFAi,
Kan.n A.Trueax,Notary Public
3�7v�er Springs Towaship,Cumberl�d Coanty
M commission ex ires December 19,2013
l i,_
ANII�
, , , . .
AFFIDAVIT
We, Helen L. Roccati, ��rQ L. I�b�� , � f�a✓t �J , the
Testa.trix and the witnesses, respectively, whose names are signed to the attached or 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 Testament 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 Last Will and Testament as witness and that to the best of their knowledge the Testatrix was
at that time eighteen(18)years of age or older, of sound mind and under no constraint or undue
influence.
�lD a ,�����;� �d�
TESTATRIX, ����h L... �D�,"�'� , residing y/1 P� �,v-.1 r S(�.�,'.T,�7-t-��`—��`S.�
�%�5 �'I �•
WITNESS, �rnl, l.. �r ,residing at � �� � .
�/ �p.S r� ��y1 � �
WITNESS `-1e� �h residing at �� ���'"��Ze'` �/ ����
,
Subscribed, sworn to and acknowledged before me by Helen L.Roccati,Testatrix, and
subscribed and sworn to before me by �el� ��;i r ,
and��{p„d�?�c.. �,�o�2��P,p,.��n 11 ,the witnesses,this�day of
� , 20�. � �/'
�
No Public
COIYIl�ONWEALTH OF A
OOMMONWEALTH OF PENNSYLVANIA NOTARU�,I.,�
NOTARIAL SEAL �A.Trueax,No��
KACen A.Trueax,Notary Public ��ngs Township,Cuq�
SilverSptingsTownship,CumbedandCounry ��issione=.p�resDec
M commtss�on expires December 19,2013 �