HomeMy WebLinkAbout02-20-14 PETITION FOR PROBATE AND GRANT OF LETTERS
Register of Wills of Cumberland County, Pennsylvania
Petitioner, named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof,
avers the following and respectfully requests the grant of Letters in the appropriate form::
DECEDENT'S INFORMATION
Estate of MARCELLO H. SOTO File No.—a
Deceased
Date of Death: February 14. 2014 Age at Death: 88
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania,with his last family or principal
residence at
704 Indiana Avenue, Lemoyne, Lemoyne Borough, Cumberland County, PA 17043
(List street,address,town/city,county,state,zip code)
Decedent died at Holy Spirit Hospital,503 N.21 s`Street Como Hill 17011 East Pennsboro Township, Cumberland County, PA
List street,address,Post Office and zip code City,township or Borough County,State
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property $ 25 000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
TOTAL $ 25 000.00
Real Estate situated as follows:
(attache addittonaisheets if necessary) Street address,Post Office and Zip Code City,Township or Borough County,State
QA. Petition for Probate and Grant of Letters Testamentary
Petitioner avers it is the Executrix named in the Last Will of the Decedent, dated Seutember 25, 2007
State relevant circumstances,e.g.renunciation,death of Executor,etc.
Except as follows, After the execution of the instrument offered for probate, Decedent did not marry, was not divorced, and
was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as
defined in 23 Pa,C.S.A. § 3323(g)and did not have a child born or adopted and the Decedent was neither the victim of a
killing and was never adjudicated an incapacitated person
0 NO EXCEPTIONS O EXCEPTIONS �?
Ci _
❑ B. Petition for Grant of Letters of Administration(if applicable)
enter:c.t.a.;d.b.n.c.t.a.;pendent elite;durant"absentia;der a minodtai_-e-ms`,
C-D
If Administration, c.ta. ord8.n.c.ta., �{-, 'a r.
s
Except as follows: Decedent was not a party to a pending divorce proceeding at the time of death whereirf grouttdg obi
divorce has been established as defined in 23 Pa.C.S.A. § 3323(g)and was neither a victim ova killing andwas h
adjudicated an incapacitated person
O NO EXCEPTIONS O EXCEPTIONS_—
Petitioner, after a proper search, has ascertained that Decedent left no Will and was survived by the following spouse (if
any) and heirs(attached additional sheets, if necessary)
Name Relationshi Residence
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
Official Use Only
COUNTY OF CUMBERLAND
Petitioner's Printed Name Petitioner's Printed Address
ANGELA M. SOTo-HAMLIN ==New Haldeman Avenue
Cumberland, PA 17070
The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best
of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly
administer the estate according to law.
Sworn to and affirmed and subscribed
o
ANGELA f. SOTO-HAMLIN 7� L' a
Before me this C day of ° " r = Co
CD i�D
C C1t LCG7 2014. _?
r the Re st
g
D W - 1
OND Required El YES Q NO
FEES:
To The Register of Wills
Letters........................... $ 60.00 Please enter my appearance by my signature below:
{4}Short Certificate(s) $______Z0.00 Attorney Signature:
{ } Renunciation..............
$i--
{ }Codicil(s)
{ }Affidavit(s)..................
Bond $
Commission $ Printed Name: RICHARD W. STEWART
Other $ Supreme Court
Will $ 15.00 I.D. No: 18039
Inheritance Tax $ 15.00 Firm Name: Johnson. Duffle Stewart& Weidner
Inventory $ 36-69 15.E Address: 301 Market Street, P.O. Box
$ Lemoyne. PA 17043
$ Phone: 717-761-4540
Automation $ 5.00 Fax: 717-761-3015
JCS Fee....................... $ 23_50:_tea Email: rws 'dsw.com
TOTAL......... $ �68c59- 1� -�
DECREE TO THE REGISTER --
Estate of MARCELLO H.SoTo Deceased. File No.
_- _ Date of Death: February 14 2014
AND NOW, �DECREED 2014, in consideration of the foregoing Petition, satisfactory proof
having been presented before mhat Let ters Testa
mentary are hereby granted to ANGELA M. SoTO-
HAMLIN in the above estate and that the instrument dated____ September 25. 2007 described in the Petition be
admitted to probate and filed of record as the Last Will of the Decedent.
gister of
LAST WILL AND TESTAMENT
OF
MARCELLO H. 5OT0
I, MARCELLO H. SOTO, of Lemoyne, Cumberland County,
Pennsylvania, make, publish and declare this as and for-'my Laste r�
Will and Testament, hereby revoking all other Wills anC,C;odici'rs -P
heretofore made by me. rn�n
FIRST: I bequeath such of my tangible personal prop
erty as is set forth in a separate dated and signed Memorandum,
which dated and signed Memorandum shall be placed with or at-
tached to this, my Last Will and Testament, to the individuals
designated therein. It is my intent that the last dated and
signed Memorandum shall control . If there is no Memorandum, it
is my intent that all of my tangible personal property shall be
and become a part of my residuary estate.
SEC ND: I devise and bequeath my real property being
known and numbered as 704 Indiana Avenue, Lemoyne, Pennsylvania,
along with the contents thereof, to my wife, ANTONIA M. SOTO.
Should ANTONIA M. SOTO predecease me, I direct that this devise
be and become a part of my residuary estate to be distributed as
set forth hereinbelow.
THIRD: I give and bequeath the balance of my invest-
ment in the Citigroup Global Market Account, Account No. 724-
70557, and my PNC Investment Account, Account No. 4881-7324
(Capital Directions) and Annuity No. 745-93378 (New York Life) ,
as follows :
(A) One Thousand Dollars ($1, 000. 00) to ST. THERESA
CHURCH, of 1300 Bridge Street, New Cumberland, Pennsylvania
17070, to be used for general purposes as the governing body of
said church deems appropriate.
(B) One Thousand Dollars ($1, 000 . 00) to the TRI-COUNTY
ASSOCIATION FOR THE BLIND, of 1800 N. 2nd Street, Harrisburg,
Pennsylvania 17101 , to be used for general purposes as the
governing body of said organization deems appropriate.
(C) The balance of funds in the above-mentioned
accounts shall be and become a part of my residuary estate to be
disposed of as set forth hereinbelow.
FOURTH: I 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, in
equal shares, to my children, MARK H. SOTO, ANGELA M. SOTO-
HAMLIN, CELESTE M. MENSECK, MATTHEW S. SOTO, GREGORY T. SOTO,
ANDREW K. SOTO and ONALEE A. FINIO. Should any of my children
predecease me, I give and bequeath such deceased child' s share
unto his or her spouse, if any, and, further, should there be a
failure of same, I give and bequeath such deceased child' s share
unto his or her issue per stirpes by representation. Should any
of my children predecease me without being survived by a spouse
or issue, I give and bequeath such deceased child' s share to my
surviving children, in equal shares, as provided herein.
FIFTH: Should any of my grandchildren not have at-
tained the age of eighteen (18) years at the time for distribu-
tion to him or her, I give, devise and bequeath the share of each
such grandchild to my hereinafter named Trustee or Trustees, IN
SEPARATE TRUSTS, to hold, manage, invest and reinvest the shares
so received, and to use and apply from time to time such portion
of income and principal for the said grandchild' s education
(including college, trade school or other similar training or
education) , support and welfare as my Trustee or Trustees, in
their sole discretion, deem advisable. My Trustee or Trustees
may make the payments for the support and maintenance of my
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grandchildren directly to said grandchildren or to their Guardian
or Guardians. Any payments made by my Trustee or Trustees
pursuant hereto shall be made without further responsibility to
the said grandchildren, their Guardian or Guardians, or to any
person taking care of my grandchildren. The Trustee or Trustees,
in exercising their discretionary authority with respect to the
payment of income or principal of the within Trust to my grand-
children, shall take into consideration any income or other
resources available to my grandchildren from sources outside this
Trust. In addition, my hereinafter named Trustee or Trustees
shall have the right, in their sole discretion, to purchase and
pay for out of the principal, as well as income, such insurance
policies as will provide for the grandchild' s medical care.
Any income or principal not so applied shall be dis-
tributed to each grandchild when he or she attains the age of
eighteen (18) years. In the event any of my grandchildren die
prior to the termination of this Trust established herein for
their benefit, the interest of said grandchild in said Trust
shall cease with any income and principal being divided evenly
between or among that deceased grandchild' s brothers or sisters
or the separate Trusts established hereunder for their benefit
and, in the absence of any brothers or sisters, or any Trust
established hereunder for their benefit, to my other grandchil-
dren, or the Trusts established hereunder for their benefit, in
equal shares .
SIXTH: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, 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
% 3
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
legally sufficient instruments for transfer of the property and
r to receive the proceeds of any disposition of it .
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, 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 fiduci-
aries, 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 benefici-
aries 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 .
(2) 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 the plan or the law permits them to do so, and to exercise
4
any other rights which they may have under the plan, in whatever
manner they consider advisable.
SEVENTH: I nominate and appoint ANGELA M. SOTO-HAMLIN
and ANDREW K. SOTO, or the survivor as between them, as Co-
Trustees of the hereinabove described Trusts . I direct that my
Trustee or Trustees shall serve without bond and shall receive
fair and reasonable compensation.
EIGHTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be .paid out of
the principal of my residuary estate.
NINTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
TENTH: I nominate and appoint my daughter, ANGELA M.
SOTO-HAMLIN, Executrix of this, my Last Will and Testament . In
the event . of the death, resignation or inability to serve for any
reason whatsoever of the said ANGELA M. SOTO-HAMLIN, I nominate
and appoint my son, ANDREW K. SOTO, Executor of this, my Last
Will and Testament . I direct that my Executrix or Executor, as
the case may be, and their successors, shall not be required to
post security or a bond for the performance of their duties in
any jurisdiction.
5
MEMORANDUM
In accordance with the provisions of Clause FIRST of my j
Last Will and Testament, dated 2007 , I direct
that the following described personal property be given outright
to those individuals so designated:
1 . Any truck awned by me at the time of my death, my Shopsmith
Mark V Vaccuum system, my power sander, and all other
Shopsmith accessories, my twenty-one (21" ) inch hand plane
and my slow speed grinder and motor to my son, GREGORY T.
SOTO.
2 . My roto zip, my seven (7" ) inch Craftsman skill saw, my
Craftsman Router, my eight (8" ) inch drill press, and my
Craftsman electric drill to my son, MARK H. SOTO.
3 . My Bosch jig saw and blades, my Porter Cable 330 palm
sander, my Great Tools 14.4V cordless drill and my large
hand saw to my daughter, ANGELA M. SOTO-HAMLIN.
4 . My scroll saw and blades, my Porter Cable 340 palm sander,
my Craftsman 15 . 6 cordless drill and Japanese hand saw to my
daughter, CELESTE M. MENSECK.
5 . My ten (10" ) inch Delta miter saw, my Ryobi table saw, my
Ryobi router, five (5) volumes of Easy Home Repairs books
and my Architectural Graphic Standards volumes to my son,
MATTHEW S . SOTO.
6. My Craftsman three (3 " ) inch x twenty-one (21" ) inch belt
sander, my Porter Cable 12V cordless drill, my Craftsman
7
socket wrenches and my Bosch rotary sander 3283 to my son,
ANDREW K. SOTO.
7 . My small Hilti high speed drill (TDR 3000) , my large saber
Craftsman saw, my Craftsman jointer and my paint spray
system to my daughter, ONALEE A. FINIO.
8 . All of my remaining shop tools and assets shall be divided
between my children on the basis of need of a particular
tool or asset. I direct that my son, MATTHEW S . SOTO, shall
coordinate the distribution of shop tools and assets between
my children.
Date: ..�� 7� D� (SEAL)
MARCELLO H. SOTO
8
OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
Estate of NL�rerlL 1l s`c��0
Deceased
A n Sr 1 IN o LIA M (I& and M4, k }�
Sa-4 C
(each) being duly qualified according to law, depose(s) and say(s) that she/he/they was /were well-
acquainted with Mar cc Kp � Sod'•
and am/are familiar
with the handwriting and signature of the decedent, and that the signature of ("lcurce 1�
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to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Ma rcr((o
H S,+c
is in his/her own proper handwriting.
7w 4�J
(S(reet Address) /
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(St t Add ) I�CCC11Y1��
(City,State,Zip)
(Cry St t,ZpJ
Executed in Register's Office
Sworn to or affirmed and subscribed
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before e this OZA C)
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Form RW-04 ,e, 10.13.06