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HomeMy WebLinkAbout10-02-13 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: Lois D'Esopo File No: 2�„'1� �a; (Assigned by Register) a!k/a: �a: Social Security No: Date of Death: 8/23/13 Age at death: 86 Decedent was domiciled at death in Cumberland Co�ty, Pennsylvania (State)with his/her last principal residence at g24 Lisburn Road 17011 Lower Allen Twp. Cumberland Street address,Post O�ce and Zip Code City,Township or Boroug6 County Decedent died at Woods at Cedar Run 17011 Camp Hill,Lower Allen Twp. Cumberland PA Street address,Post Office and Zip Code City,Towns6ip or Borough County State Estimate of value of decedent's property at death: If domici[ed in Pennsylvania................................All personal property $ 1,100,000.00 Ijnot domiciled in Pennsylvania.............................Personal property in Pennsylvania $ If not do»riciled in Pen»sylvania.............................Personal property in County $ Valueof real estate in Pennsylvania.............................................................. $ TOTAL ESTIMATED VALUE.... $ 1,100,000.00 Real estate in Pennsylvania situated at: None (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Towns6ip or Borough County � A. Petition for Probate and Graat of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will of the Decedent,dated 8/20/98 and Codicil(s) thereto dated None Michael D'Esopo predeceased on 1/25/2011 State relevant cireumstances(�g.renunciation,death ojexecutor,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 0 B. Petition for Grant of Letters of Administration(�f applicabie) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.za or a�b.n.c.�a.,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 div�e had been esta�ished as de�ned in 23 Pa C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated perso� � cr.a � � ❑ NO EXCEPTIONS ❑EXCEPTIONS � � � � � --� �n � Petitioner(s),atter a proper seazch has/have ascertained that Decedent left no Will and was survived by th '�f�ll�iqgspouse(if an}�n�eir�attach additional sheets,if necessary): � � � n,�, � � C3� Name Relationship � i�tic�ss � "*� '� � � `~� � `_ � � � � � Z1► � � �,� � N � Form RW-02 rev.10/11/ZOII Page 1 Of 2 Oath of Personal Representative °��'�use°�y S�ie.1� �f., �p.�, yo r CONIMONWEALTH OF PENNSYLVANIA } R ae�I��� } ss: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address 104 Sutin Place � � � � � � Anthon LaScala Chestnut Rid e � � N .109� +c� � � r,� � � ._..� � �° � � � :� � rv �, �r :� �-' � � c� �, � -,� � � � �.,� � � � �cry r/-� �.� ♦ �+�✓ 4.4J y.M.�.:. �,� 5 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are an correct to the bestg3f the knowlec�e�nd l�jef� of Petitioner(s)and that,as Personal Representative(s)of the Dece n e Petiti er(s)will el 1 a inister state according^�la . '� Swo�n to r affirmed and subscribed before Date me:thi ��` day of r�6 e r ,%�0�� Date � By: Date For the gister��s� Cl�r� Date o� /.r�•/ S rre a�r BOND Required: 0 YES ❑ NO To the Register of�lls: FEES: Please enter my appearance by my signature below: ��, o0 Lett s....................... $ Attorney Signature: ( �)Short Certificates(s) ...... �.o0 ( )Renunciation(s)........ . — "— ( )Codicil(s) .............. � � ( )A�davit(s)............. Bond ......................... Pr' ted Name: John B.Fowler,III Commission .................... upreme Court ID Number: 06273 r� ......... � ,e�r Firm Name: Martson Law Offices ''''''''' , d Address: 10 East High Street v�m� o Q, Q t�::::: ,0 0 Carlisle PA 17013 ••••••••• Phone: �717)243-3341 ......... F�: �717)243-1850 Automation Fee ................. � � Email: jfowler o,martsonlaw.com JCS Fee ....................... ' TOTAL......................$ D DECREE OF THE REGISTER Estate of Lois D'Esopo File No: 21 �'� " a/k/a: AND NOW, � , � ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentat� are hereby granted to ��ony LaScala in the above estate and(if applicable)that the instrument(s)dated g�20/1998 described in the Petition be admitted to probate and filed of record as the last Will( d Codicil(s))of De dent. Register of Wills Form RW-02 rev.10/11/2011 age 2 _ ___ . ��� „�-. . .::':.�. .-, � .��� � � . , • • , , t � , ♦ ''� � � , �,..`; C'9 r'.�-.a � C c...a :t7 � � � � CID '� �' ,°� � � � � C� ""`.� �,*1 �J �'1 A, ;--.. .....� � . �„�' � .� � �:� �� ' .�.�".., . :�� , � L.� � ..;� � � � � �'�' i"� „_;;j ,�,.<,„, "�j V r�4/ �� ��.,,',W �� ` I LOIS D'ESOPO, 1423 Lower Demunds Road, Da11as, Luzerne��OUnty, f-, � �,, i � � � Pennsylvania, being of sound and disposing mind, do make, publish and declare this to be my � : Last Will and Testament, hereby revoking a11 Wills and Codicils heretofor�made by me. FIRST: I direct that all my fu::�r�1 P�Y�nse�, ���ts af plac;ir����;.rave m�,rk�r and the sum necessary to arrange f4r the perpetual care of my grave shall be paic�fi-om my residuary Estate as soon as practi�able after my decease, as part of the expense of the Administration of my Estate :t d��•ect that my place of burial be at C�lestial Garder��, is�'�n�m��-P, '4T����;a:cliYld.. SECOND: .All tangible property, real as well as personal, of every nature and wheresoever situate, owned by me at the time of death, I hereby give, devise and bequeath my husband, MICHAEL D'ESOPO, as his sole and�bsolute property. THIRD: In the event that,m��hu�ba�d, MICHAEL D'ESOPO, predeceases me or fails to survive me by thirty(30) days, I d:rect that my Estate be divided in the following manner: A. I hereby give, devise and bequeath my property located at 1423 Lower Demunds Road, Dallas, Luzerne County, Pennsylvania, to my children in the following percentages: (1) Forty(40%)percent to my daughter, SUSANNE WELITCHKO; (2} Thirty(30%) percent to my daughter, G�AGE TVAR�ANAS; t3 j Thiriy(30%)percent to my daug�itery LAI?RI�L�.Sr.ALA; B. All tangible property, real as well as personal, of eve�nature and wheresoever situate owned by me at the time of my death other than the items specifically bequeathed in Sub Paragraph A of this P�ragraph Third above, the bequest of which have not lapsed, I hereby give to my children, SUSANNE WELITCHKO, GRACE TVARYANAS, and LAURIE LASCALA, to be divided among them by my Executors in as nearly equal portions as may be practical having due rega.rd to the persenal prefPrences of my beneficiaries. / � � i • � � t � FOURTH: In the event that any of my children, GRACE TVARYANAS, SUSt�►NNE WELITCKO or LAURIE LaSCALA, predeceace me or fail to survive me, I direct that any portion vvhich said deceased child would have received under this, my Last Will and Testament be given to the surviving children of said deceased child. In the event any of my daughters, G�ACE TVARYANAS, SUSANN�WELITCHKQ or LAUR�LaSCALA, predeceased me without having any of their own children surviving them, I direct that any portion which said deceased child would have received under this, my Last Will and Testament be divided among those of my children, GRACE TVARYANAS, SUSANNE WELITCHKO or LAURIE LaSCALA, who survives said deceased child. FIFTH: I hereby nominate, constitute and appoint my husband, MICHAEL D'ESOPO, as the Executor of this, my Last Will and Testament. In the event that my husband, MICHAEL D'ESOPO sha11 fail to qualify or cease to act as Executor, I name, nominate, constit�:te and appoint ANTHONY LaSCALA, to act as Exec�rtor in his place. �IXT.g: I direct that any Executor should not be required to give any bond and that if not withstanding this direction any bond is required by any law, statue, or rule of court, no sureties sha11 be required thereon. IN WITNESS WHEREOF, I have here�anto set my hand and seal to this, my Last Will � and Testament, this.�day of � �� 1998. � � ; � IS D'ESOPO SIGNED, SEALED,PUBLISHED AND DECLARED by the above-named Testatrix, LOIS D'ES�PO, as��for her Last Will and Testa.rnent,,ir��;���rc�sence of us, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as witnesses thereto. s 4" residing at F � �J residing at J a � i . � � � . COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY UF LUZEl`�NE : I, LOIS D'ESOPO, the Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to 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 act for the purposes therein stated. Sworn or affirmed to and acknowledged before me by LOIS D'ESOPO, the Testatrix, �� this o�'day of �-., 1998. �:� � f� ; I � � L IS D'ESOPO JOS H PROCIAK, ESQUIRE Me er the Bar of the Supreme Court of Pennsylvania • � a . � � a , i COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LUZERNE ' �, d -- �l � �, the witnesses whose names are signed to t e attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament, that she signed willingly and she executed it as her free and voluntary act for the purposes therein expressed, that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses, and that to the best of our knowledge the Testatrix was at the time eighteen(18) or more years of age, of sound mind and under no constra.int or undue influence. �� JOSEP J. ROCIAK, ESQUIRE Memb of e Bar of the Supreme Court of Pennsylvania . . , . � , •. , , . � . . + COMMONWEALTH UF PENNSYLVANIA : : SS. COUNTY OF LUZERNE : � On this, the�day of , 1998, before me a Notary Public, the undersigned officer, personally appeared JOSEPH J. PROCIAK, ESQUIRE, known to me or satisfactorily proven to be a Member of the Bar of the Supreme Court of Pennsylvania, and certify that he was personally present when the foregoing Acknowledgment and Affidavit were signed by the Testatrix and witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official sea1. � �,_ NOTARY PUBLIC Not�rial Seai R�i�h�l��.Mill�r,I�t�t� pub�tc � �� Vt+tlt��s-��rr� t�u��rn����nri ����r��.���b��xpir��hJ�v:�,i999