HomeMy WebLinkAbout12-10-13 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: Joseph Fortuna File No: 13- 1-aq�
a/k/a: Joe Fortuna (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: November 3,2013 Age at death: 87
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 1.008 Charles Street, 17055 Mechanicsburg Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 102 Chandra Drive, 17020 Duncannon Perry PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania.. . ..... . . . . ... . . . . .. . . .... . All personal property $ 3 06 1 6oe9,&I
If not domiciled in Pennsylvania. ... ... . . .. ... ... . . .. . . . Personal property in Pennsylvania $
If not domiciled in Pennsylvania. .. . . . . . . .. .. . .. . . . .. . . . Personal property in County $
Value of real estate in Pennsylvania.. . . . .. . . . .. . .. . .. . . .. . . ... . .. . . . ... . . . ..... .. .. . .. ... .. . $
TOTAL ESTIMATED VALUE. .. . $ 3 Cl V I 0 0
Real estate in Pennsylvania situated at: 1008 Charles Street, 17055 Mechanicsburg Cumberland
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
ED A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated August 8,2007 and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,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
adopte ,and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS O EXCEPTIONS
® B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t a.,enter date of Will in Section A above and�73mplete lis"f h&sm
n
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for v(j�e had bee estalaq as defined
in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pe s>t0n-C n c� fl)
--5 q
O NO EXCEPTIONS Q EXCEPTIONS 1"TI CD r r
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the Y owing spouse(f an}Tanupeirs(attach
additional sheets,if necessary): G� C-)� -n
Name Relationship Ad�ss F r- rn
Form nw-02 rev. 10/11,12011 Page 1 of 2
oath of Personal Representative .""'°'"W""'Y
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioners)Printed Name Petitioners)Printed Address
Marlene S.Fortuna 1008 Charles Street,Mechanicsburg,PA 17055
The Petitioncr(s)above-named swear(s)or affirms)the statements in the foregoing Petition are true and correct to the best ofthe knowledge and belief
of Petitioncr(s)and that,as Personal Rcprosentative(s)of the Decedent,the Petitioner(s) illl well and truly administer the estate according to taw.
Sworn to or affirmed and subscribed before f 11.+ �.x � _ —,' 7 G� Date -jD ',A a°e
me this SQrn day of Q l3 Date
By_ rdi�. _, fh Date
For the Register Date
e� m 6
BOND Required: Q YES ® NO To the Register of Wills: w -M c� cn Q
FEES: Please enter my appearance by tR .iIgnpureilalow"n m
Letters. . . . . . . .. . . . . . . . . . . . . . S �J�a.00 Attorney Signature: z N o m
( )Short Certificate(s).. .. . . •Oo
(( )) Z3 --n C
Renu . . . . . . ..
Codicil(s) . . . . . . . . . . . . 02- r—
M zt
M
( )Affidavit(s).. . . . . . . . . . . "' 'o_ O
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Andrew C.Sheelp?Esquire ry
Commission. . . . .. . . . . . . . . . . . . Supreme Court
OthcrwttI . . . . . . . . ID Number: 62469
00
-- — — Andrew C.Sheely,Attorney at law
7 . . . . . . �5 • Firm Name:
. . . . . . . . Address: 127 South Market Street
P.O.Box 95
Mechanicsburg,PA 170-55
Phone: 717-697-7050
Automation Fee. . . . . . . . . . . . . . . rJ,bO Fax: 717-697-7065
JCS Fee. . . . . . . . . . Email: andrewc.shccly@verizon-net
TOTAL. . . . . . . . . . . . . . . . . . . . . S 3.8
DECREE OF THE REGISTER
Estate of Joseph Fortuna File No:
a jk ja:Joe Fortuna
AND NOW, tJC GGrY 1 ' Y 10 in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Marlene S.Fortuna
_in the above estate and (if applicable) that
the instrument(s)dated August8,2007
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Register of Wills tkt� f��IllOYt
Form RW-oz rev.10/11/2011 l'J� Page 2 of 2
RECORIDE"D OFFICE OF
REGISTER Mgt-SWILL AND TESTAMENT
L""13 ,,EC 10 01 02
CLERK: CAE OF
ORPHANS' COURT
CUMBERLAND CO.. Rf JOSEPH FORTUNA
aka JOE FORTUNA
I, JOSEPH FORTUNA, also known as, JOE FORTUNA, of
1008 Charles Street, Mechanicsburg, (Borough of Mechanicsburg),
Cumberland County, Pennsylvania, make, publish and declare this as and
for my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST: I direct that all inheritance, estate, transfer, succession
and death taxes, as well as my just debts and funeral expenses, of any kind
whatsoever, which may be payable by reason of my death, shall be paid
out of the principal of my estate as the same can conveniently be done.
SECOND: I give, devise and bequeath all the rest, residue
and remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, unto my wife, NtkRLENE S.
FORTUNA, provided she survives me by thirty (30) days.
THIRD: Should MARLENE S. FORTUNA predecease me
or die on or before the thirty-first (31 st) day following my death, I specifi-
cally give and bequeath, as follows:
(a) Thirty Thousand dollars ($30,000.00) thereof unto my
grandson, SETH A. FORTUNA provided that should SETH A.
FORTUNA predecease me, I give and bequeath his share unto my
granddaughter, HOLLY B. FORTUNA; and
(b) Thirty Thousand dollars ($30,000.00) thereof unto my
granddaughter, HOLLY B. FORTUNA, provided that should HOLLY B.
FORTUNA predecease me, I give and bequeath her share unto SETH A.
FORTUNA; and
(c) Ten Thousand dollars ($10,000.00) thereof unto my step-
grandson, MICHAEL P. FORTUNA, provided that should MICHAEL P.
FORTUNA predecease me, I give and bequeath his share unto SETH A.
FORTUNA and HOLLY B. FORTUNA, share and share alike.
The specific bequests made in this Paragraph 3 are made with
the intention that my Executor shall limit the bequests to the amounts
contained herein where my spouse dies on or before the thirty-first (31 st)
day following my death. In no event shall the beneficiaries named in this
paragraph receive duplicate amounts from my estate and my spouse's
estate where my spouse dies within thirty-one (3 1) days from my death.
FOURTH: Should MARLENE S. FORTUNA predecease me
or die on or before the thirty-first (31 st) day following my death, I give,
devise and bequeath all the rest, residue and remainder of my estate of
whatever nature and wherever situate, including any property over which I
2
hold power of appointment and together with any insurance policies
thereon, as follows:
(a) Thirty-three and one-third percent (33 1/3 %) thereof unto
my son, JON A. FORTUNA of Mechanicsburg, Pennsylvania, provided
that should JON A. FORTUNA predecease me, I give and bequeath his
share unto my surviving children as named herein; and
(b) Thirty-three and one-third percent (33 1/3 %) thereof unto
my son, THOMAS L. FORTUNA, of Mechanicsburg, Pennsylvania,
provided that should THOMAS L. FORTUNA predecease me, I give and
bequeath his share unto my surviving children as named herein; and
(c) Thirty-three and one-third percent (33 1/3 %) thereof unto
my son, ROBERT E. FORTUNA, of Randolph, New Jersey, provided
that should ROBERT E. FORTUNA predecease me, I give and bequeath
his share unto my surviving children as named herein.
FIFTH: In addition to all powers granted to them by law and by
other provisions of this Will, I give the fiduciaries acting hereunder the follow-
ing powers, applicable to all property, exercisable without court approval and
effective until actual distribution of all property:
(A) To sell at public or private sale, or to lease, for any period of
time, any real or personal property and to give options for sales, exchanges or
leases, for such prices and upon such terms (including credit, with or without
security) or conditions as are deemed proper. This includes the power to give
3
legally sufficient instruments for transfer of the property and to receive the
proceeds of any disposition.
(B) To partition, subdivide, or improve real estate and to enter into
agreements concerning the partition, subdivision, improvement, zoning or
management of real estate and to impose or extinguish restrictions on real
estate.
(C) To compromise any claim or controversy and to abandon any
property which is of little or no value.
(D) To invest in all forms of property, including stocks, common
trust funds and mortgage investment funds, without restriction to investments
authorized for Pennsylvania fiduciaries, as are deemed proper, without regard
to any principle of diversification, risk or productivity.
(E) To exercise any option, right or privilege granted in insurance
policies or in other investments.
(F) To exercise any election or privilege given by the Federal and
other tax laws, including, but not necessarily being limited to, personal income,
gift and estate or inheritance tax laws.
(G) To make distributions to my herein named beneficiaries in
cash or in kind or partly in each.
(H) To borrow money from themselves or others in order to pay
debts, taxes, or estate or trust administration expenses, to protect or improve
any property held under my will, and for investment purposes.
4
(I) To select a mode of payment under any qualified retirement
plan (pension plan, profit sharing plan, employee stock ownership plan, or any
other type of qualified plan) to the extent permitted by the plan or the law.
SIXTH: I nominate and appoint MARLENE S. FORTUNA,
Executrix, of this, my Last Will and Testament. In the event of the death,
resignation or inability to serve for any reason whatsoever of MARLENE S.
FORTUNA, I nominate and appoint JON A. FORTUNA, Executor, of this my
Last Will and Testament. I direct that my Executrix or Executor, as the case
may be, shall not be required to post security or a bond for the performance of
their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
to this, my Last Will and Testament, this e$" day of August, 2007.
(SEAL)
JOSEPH FORTUNA
(SEAL)
JOE FORTUNA
5
Signed, sealed, published and declared by the above-named Testator as
and for his Last Will and Testament in our presence, who, at his request, in his
presence and in the presence of each other, have hereunto subscribed our
names as attesting witnesses.
701 �JeAr76Xf N&4. Ao�
Address 1-70 5�_ Name
Address/'/ �� Namk
6
OATH OF SUBSCRIBING WITNESSES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Joseph Fortuna,aka Joe Fortuna , Deceased
Andrew C. Sheely and Becky M. Knisely
(each) a subscribing witness to
(Print Name/s)
the 19 Will ®Codicil(s)presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that -414A Le /they was/were present and saw the above Testator/-T�� — sign the same
and that she,'he/they signed the same and that she I he/they signed as a witness at the request of
the Testator/Te�R;im in -der-F his presence and in the presence of each other.
Z22 , l
(Signature) (S gnatur
701 Jenna Court 927 Knepper Drive
(Street Address) (Street Address)
Mechanicsburg,PA 17055 Mechanicsburg,PA 1055 ,
(City,State,Zip) (City.State,Zip) C) C M O
M -C 1 C5 to
i
I.y.` !"ti'3
CZ) :J �-
Executed in Register's Office Executed out of Reghier
4 Jfficea
Sworn to or affirmed and subscribed Sworn to or affirmed ahccf-ubscrilbed
rn
before me this I Ofn day before me this ' t—y
of N
of ,
Deputy for Iiegi ter of Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization.
Fornt RW-03 rev. 10.13.06