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HomeMy WebLinkAbout07-16-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below,who islare 18 years of age or older,appiy(ies)for Letters as specified below, and in suppod thereot aver(s)the following and respedfully requests the grant of Letters in the appropriale form: Nick Cotsarelis DecedenYslnformation � nn� � Name: Elias N.Cotsarelis File No: 21-13 � / a/k/a: (Assigned by Register) a/k/a: � �I`C, aJk/a: Social Security No: � ��� Date of Death: O6/28I2073 Age at Death: 97 Decedent was domiciled at death in Cumberland County, pq (State)with his/her last principal residence at 3817 Copper Kettle Road,Camp Hill 17011 Hampden � Cumberland � Street atltlress,Post O(fice and Zip Cotle Cily,Township ar BomugM1 County Decedent died at Messiah Village Hampden Township Cumberland PA � SUeel atltlress,Post 0(OCe and Zip Cotle Qty,Township or Bomugh County Slate Estimate of value of decedenfs property at death: Ifdomiciledin Pennsylvania...................... All personal property $ 60,000.00 I(not domiciled in Pennsylvania................ Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania................ Personal property in County S� Value ofreal estatein Pennsylvania................................................................... $ 300,000.00 TOTAL ESTIMATED VALUE $ 360,000.00 Reai esiaie��Pe�r,sywama:u�a�ea a� 3817 Copper Kettie Road Camp Hill Cumberland �aaa�n aaa�uo�arsneers,��necessary.) 317 Marrket Street - Harrisburq Dauphin Street atldress,Post ORice and Zip Gotle Ciry,Township tlr Borouqh County QX A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 'I2/15/2008 and Codicil(s) thereto dated State relevant circumstances(e.g..renuncia(ion,tleath oiexecutor,etc) Except as follows: after the ezecution 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 applirable) c.t.a.,tl.b.n.,d.b.n.c.t.a.,pedente lite,duiante absentia.tlurante minoiitafe If Administration,c.t.a or d.b.n.c.t.a.,e � �+ � f W'll ' S t' A h e and comolete list of heirs. C7 �° � Except as follows: Decedent was not a party to pending divorce proceeding wherein the grounds for divorce ha�be�ftestablisl4ed as�nec# in 23 Pa. C.S. §3323(g)and was neither the victim of a killing nor ever atl�udicated an incapacitated person. W L c c� U '_� �NO EXCEPTIONS � EXCEPTIONS m = n ' `'� x'' Petitioner(s),after a proper search has/have ascertained that Decedent Ieft no Will and was survived by the foll�ng_spAqse(i�Ay)a�h�iR(attach additionalsheets, i/necessary): -,,. Cn � =G � d � o -.D o ^ Name Relationship Address o c ' -`� -1 George Cotsarelis � Son 1041 Derwydd Lane � � �"' m Be n PA 19312 � r Julia Cotsarelis Granddaughter 904 Willcliff Drive N '*1 Mechanicsbur PA 17050 Frances Cotsarelis Kanealy Daughter 5408 Hubbard Court Louisville KY Nick Cotsarelis Son 904 Willcliff Drive Mechanicsbur PA 17050 See continuation schedule attached ' Form Rw 02 rev f0-01-2011 Copyright(c)2011 form software only The Lackner Gmup,Inu PaBe���Z r Oath of Personal Representative orn��a�useo��y COMMONWEALTH OF PENNSYLVANIA } - } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Nick Cotsarelis 904 Willcliff Drive Mechanicsburg, PA �7050 � The Petitioner(s)a6ove-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 Dejcedent, Peti�oner(s)will well and truly administer the estale according to law. Swom to or.affirmed a ub cribed before �/�•-+��-�—� oa�e � me this �U,da � Da�e By: � Date orthe gis Dale BONDRequired? � YES NO TotheRegisterofWills: FEES: `'\ Please enter my appearance by my signature below: (N Letters..._..................................... $ • Attorney Sig ture: ( � )ShortCertificate(s)..._.... � ` � ( )Renunciation(s).............. � ( )Codicil(s)........................ � ( )Affidavit(s)...................... Printed Nam : Leonard Tintner,Esquire Bond............................................. Supreme Court Commission.................................. �y ID Number: 06859 Other ��/1 _� �'�_ . ___� Firm Name: Boswell,Tintner&Piccola Address: 315 North Front Streef �� Harrisburg,PA �7101 Phone: 717-236-9377 Automation Fee............................ JCS Fee....................................... ,� Fax: TOTAL....._.................................. $ E-mail: Itintner@btpalaw.com � DECREE OF THE REGISTER Date of Death: 06/28/20�3 Social Security No: . Estate of Elias N.Cotsarelis File No: 2 -13 ' G, a/k/a: AND NOW, , in consideration of the foregoing Petition, satisfactory proof having bee resented before me, IT IS DECREED that Letters Testamentarv are hereby granted to Nick Cotsarelis in the above estate and(if applicable)that the instrument(s)dated 12/15/2008 described in the Petition be admitted to probate and filed of record a last ll(And Co icil(s))of Dec nt. Register of Wills Copyright(c)2011(orm so(tware only The Lackner up,Inc� a e 2 of 2 ' PETITION FOR GRAN7 OF LETTERS (Continued) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA oeceden�: Elias N. Cotsarelis Fiie No: 21-13 a/k/a: Social Security Number: 181-283403 Date of Death: 06/2812013 Age at Death: 9� Name � Relationshin re . • Helen Cotsarelis Granddaughter 904 Willcliff Drive Mechanicsburg, PA 17050 i'� ` ` � 2 ...��� / � tl J LAST WILL OF ELIAS N. COTSARELIS LEONARD TINTNER. ESQUIRE BOSWELL, Tfi�i ivER & FiCC^vLA 315 North Front Street �, � PO Box 741 � �, �._; � m Harrisburg, Pennsylvania 1Z101 m � �_ ,,, � (717) 236-9377 rn ? � - o � r� �= c� a� r'�- x" r' F� y,. �' r� rn m _s, v� � �� ::, cr � • �: � � ,� _a �� � c� c� �7 --� ; -,i c7 t� � ,= c> ,:7 ~ � FY7 ?n' �'_" U� G C,� � LAST WILL AND TESTAMENT OF ELIAS N. COTSARELIS Introductory Clause. I, ELIAS N. COTSARELIS, a resident of and domiciled in Camp Fiill, County of Cumberland and Commonwealth of Pennsyivania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I am not currently married. I have three living children: NICK COTSARELIS of Mechanicsburg, Pennsyvlania, GEORGE COTSARELIS of Berwyn, Pennsylvania and FRANCES COTSARELIS KANEALY of Louisville, Kentucky. ITEM 1. Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM 2. Directiori to Pav All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, trarisferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM 3. �ecific Devise of Residential Prooerty. I give and devise the following real estate: A. To my daughter, FRANCES COTSARELIS KANEALY of Louisville, Kentucky, my real estate located at 3817 Copper Kettle Road, Camp Hill, Pennsylvania 17011. B. To my son, NICK COTSARELIS, of Camp Hill, Pennsylvania, my real estate located at 317 Market Street, Harrisburg, Pennsylvania. Page 1 ITEM 4. Specific Devise of Prooerty - I give my interest in my properties in Greece, as follows: A: 24 stremata (acres), which is the Olive Gardens, in New Avorani, Angrinion, Greece, equally, to my son, George Cotsarelis and my daughter, Frances Cotsarelis Kanealy. B. 3 stremata (acres), which includes the house in New Avorania, ,. Angrinion, Greece, to my son, Nick Cotsarelis. C' My apartment_in Agrinion, Greece, to my granddaughters, Julia Cotsarelis and Helen Cotsarelis. . ITEM 5. � Outripht Gift of All Prooertv . I give, devise and bequeath all the rest, residue and remainder of m`y.property of every kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the ezecution of this Will, absolutely.;in equal shares to my children NICK COTSARELIS, GEORGE COTSARELIS and FRANCES COTSARELIS KANEALY. If any of my children shall not survive me, then I give, devise and bequeath all of the property to my surviving children in equal shares; provided, however, the then living issue of a deceased child of mine shall take per stirpes the share their parent would have taken had he or she survived me. ITEM 6. Naminq the Personal Reoresentative Personal Representative Succession Personal Reoresentative s Fees and Other Matters. The provisions for naming the � Personal Representative, Personal Representative succession, Personal Rep�esentative's fees and other matters are set forth below: a. Naminq an Individual Personal Re�resentative. .I hereby nominate, � constitute, and appomt as PersonaPRepresentative of this my Last Will and Testament NICK GOTSARELIS and direct that he shall serve without bond. t,. b. Naminp Individual Successor or Substitute Personal Representative: If my individual Personal Representative should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representative who shall also serve without bond shall be GEORGE COTSARELIS. . c. Fee Schedule fordrndividual Personal•Reoresentative� ,For itsservices as Personal Representative, the individual Personal Representative shall receive reasonable compensation for the services rendered and reimbursement for reaSonable expenses. Page 2 ITEM 7. Definition of Personal Reoresentative. Whenever the word "Personal Representative" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative named herein and to any successor or substitute Personal Representative acting hereunder, and such successor or substitute Personal Representative shall possess all the rights, powers and duties, authority and responsibility conferred upon the Personal Representative originally named herein. ITEM 8. Powers for Personal Reoresentative. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Personal Representatives generally, my Personal Representative is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to;my Personal Representative may seem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM 9. Discretio�n Granted to Personal Reoresentative in Reference to Tax Matters. My Personal Representative as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Personal Representative believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries oVer others; provided, however, my Personal Representative shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federai estate and income tax.liabilities of my estate, my Personal Representative shail have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions. Page 3 ITEM 10. Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendanY' and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The term"'per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. ITEM 11. Definition of Words Relatinq to the Internal Revenue Code. As used herein, the words "gross estate," "ad�usted gross estate," "taxable estate," "unified credit," "state death tax credit;" "maximum marital deduction," "marital deduction," "pass," and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall have the same meaning as such words have for the purposes of applying the Internal Revenue Code to my estate. For purposes of this Will, my "available generation-skipping transfer exemption" means the generation- skipping transfe� tax exemption provided in section 2631 of the Internal Revenue Code of 1986, as amended, in effect at the time of my death reduced by the aggregate of (1) the amount, if ahy, of my exemption allocated to lifetime transfers of mine by me or by operation of law, and (2) the amount, if any, I have specifically allocated to other property of my gross estate for federal estate tax purposes. For purposes of this Will if at the time of my death I have made gifts with an inclusion ratio of greater than zero for which the gift tax return due date has not expired (including extensions) and I have not yet filed a return, it shall be deemed that my generation-skipping transfer exemption has been allocated to these transfers to the extent necessary (and possible) to exempt the transfer(s) from generation-skipping transfer tax. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of my death. ITEM 12. Statement bv Testator of Intent Not to Exercise Power of Appointment. I hereby refrain from exercismg any power of appointment that I may have at the time of my death. ITEM 13 Simultaneous Death Provision Presuming Beneficiary Predeceases Testator If any beneficiary and I should die under such arcumstances as would make it doubtfui whether the beneficiary or l died first, then it shall be conclusively presumed for the purposes of thi5 Will that the beneficiary predeceased me. Page 4 Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and a�xed my seal this j5`"�day of December, 2008. ������ (SEAL) ELIAS N. COTSAREL�S Attestation Clause. The foregoing Will was this �� day of December, 2008, signed, sealed, published and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. '� of ��������Z�� � � -�-�1 �i,� of 1����.,�� (��- aJ � �1iU�nwn��r/ Of �/,7nA.tnGJi�n a ��J Page 5 PROOF OF WILL Commonwealth of Pennsylvania Seif-Proving Affidavit County of DAUPHIN We, ELIAS N. COTSARELIS, and Leonard Tintner Brad Stiffler and Diane E. Grissincrer , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned autho�ity that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. `�/"'l � �,U���:.�` '�-�" ELIAS COTSA � i ess /n ✓ ��✓/��y V . Witness ��a� � ��:�un� itnes� s-' Subscribed, sworn to, and acknowledged before me by ELIAS N. COTSARELIS, the Testator and subscribed and sworn to before me by Leonard �intner Brad Sfiffler and Diane E. Grissinqer , WitnesSes, this day of December, 2008. �217� (Seal) otary Public for Pennsylvania � My Commission Expires: 3�� C��•.'..t��ic`b1[ALTH OF FENivSYIVANiA NO�iP.F't;RL SFAL �.��,� �uuv,,,� DENISE L. FOSTER, Notary Pubiic ���,., Ci:y of Harrisburg, Dauphin Counfy. ��.; '�..'>, �,9q Comrr,ission fr,�ires f�arch 5, 20E39. �;:'., =, , ,_ >'_ � - ' ` ��.; - ;•`%' Page 6 «'`