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HomeMy WebLinkAbout06-24-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s)named below,who is/are 1$years of age or older,app)y(les)for Letters as specked below,and in support thereof aver(s)thr following and respectfully requests the grant of Letters in the appropriate form: Susan A. Peters Decedent's information / �� Name: THOMAS ANTHONY ACQUILLA File No: 21 -14 byl J alkla: (Assigned by Register) alkla: alkla: Social Security No: Date of Death: 06104/2014 Age at Death: 92 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 406 Cascade Road,Mechanicsburg 17855 4(�'/}A: 1:Iy lass '!tole MECHANICSBURG Cumberland street address,Post ofaica and Zip Code r City,Township or Borough county Decedent died at GREYSONVIEW ASST.150 KEMPTON AVENUE 17111 HARRISBURG DAUPHIN PA Street address,Post Otlke and Zip Cone City,Township or Borough County state Estimate of value of decedent's property at death: If domiciled in Pennsylvania........................ All personal property $ 10,000.00 If not domiciled to Pennsylvania................. Personal property in Pennsylvania $ If not domiciled In Pennsylvania—........._... Personal property in County S Value of mat estate in Pennsylvania........... $ TOTAL ESTIMATED VALUE$ 10,000.00 Rost estate In Pennsylvania aau ded of ry (AtlBdt additional sheets,a neossanr.) C7 y ;CS rt'1 Street address,Past Oalce aria 7Jp code City.Tormstep or Borough (=y L-axy (�X A. Petition for Probate and Grant of Letters Testamentary M —t c7 Pelifloner(s)averts)that helshefthey Is/are the Executor(s)named in the Last Wilt of the Decedent,dated *4103120'41, l�TI a 1�d.COtl'mlts} Nareter dated G = C?_ (State met an!coovouranoes,e.g..renunciation,death of exeouta,eict :C7 — —— tr•, r21 Except as follows:after the execution of me instruments)ogered for probate,Decedent did not marry,was not divorced,vas not a rN tS�pending O Cn divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.g 3323(8),antl dltl not have a c bore or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. t?) nX NO EXCEPTIONS 0 EXCEPTIONS ❑B. Petition for Grant of Letters of Administration (11applaeale) c..a.:d. .n.:d. .n.c..a.:Paden to Me:clum are a bsen Its: uran a mrno a e if Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows:Decedent was not a patty to ppend in divorce prxeeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither me vrctim Pa killing nor ever adjudicated an Incapacitated person. ❑NO EXCEPTIONS Q EXCEPTIONS Pertitioner(s),after a proper search hasthave ascertained that Demo%left no Will and was survived by me following spouse(if any)and hells(attach additional sheets,Ntrecessary): Name Relationship Address "Form RW-02 me ro-rysmr CoPYdght let 2011 form eofiwzm only The l arx er Group,Inc. Page 7 ot2 Oath of Personal Representative Dregs'use oNy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTYOF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Susan A.Peters 509 Wayne Drive Mechanicsburg,PA 17055 Name as fisted In Wig: Susan A.Peters The Petitioner(s)above-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 Petifioner(s)and that,as Personal Representative(s)of ft/�,e Decedent,Pet2ionnJer(s)w,}J�1 well and truly administer the estate according to law. Sworn i�j��r^�(.f�irmed a d subscribed before--�r.,�� ( ��it J `^ !r- o'e —.Sworn this?,(T" day of YVt Date BT . Data Por"Register T- Date BOND Required? El Yes © No To the Register of Wills: FEES Please enter my appearance by my signature below: Letters............................................ $ L44;00 A Signature: Rt > / Short Certificate(s).......... p �\ (�I Reminciation(s)............... (_—)codicil(s)._...._._...._....... C) ,� m (_)Af fidavit(s)....................... P inte Name: LISA MARIE COYN Esq b L r*1 Bond...................................-......... Supreme Court :: E n co �r Commission................................... ID Number: 53788 r— 1— tU co -U Other y�i I I (c,,a<a T 3 Firm Name: Coyne&Coyne,P.G. 't c'> r.., —n -Cx 0 Address: 3901 Market Street' 'ry „' 11R CO c7 Camp Hill,PA 170114247 r1,1 Cn _ Phone: 7171737-0464 Automation Fee............................. Fax: 7177737-5161 JCS Fee... ............................... E-mail: lisa @coyeandcoyne.com TOTAL........................................... $ 2S. DECREE OF THE REGISTER Date of Death: 06104/2014 Social Security No: Estate of THOMAS ANTHONY ACOUILLA File No: 21-14 awa: AND NOW, ,11_�r� 2� �.0>13 ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Susan A.Peters in the above estate and(if applicable)that the instrument(s)dated pe)Y"1 a-, 13 described In the Petition be admitted to probate and filed of record as the la Wiliam (and Codicil s)}of Decedent. g' ter of Wills srJ fr copyright(c)2011 loan senwara aNr Th schur Group,Itw. gaga 2 or 2 G�� " RECORDED OFFICE OF REGISTER OF WILLS 2014 JUN 24 AN 8 25 CLERIC OF ORPHANS' COURT CUMBERLAND GO., PA LAST WRLL AND TESTAMENT OF ']['ff-][OMAS A. ACQUUILLA I, THOMAS A. ACQUILLA of the Township of Upper Allen, -Cumberland County, Pennsylvania, declare this to be my Last Will and revoke any will or codicil previously made by me. ITEM 1: Upon my demise, I direct that my body be released to Auer Cremation Services, 4100 Jonestown Road Harrisburg, Pennsylvania where I have pre-arranged and pre-paid for cremation and burial services. I further direct that my ashes be interred in Fort Indiantown Gap National Cemetery, Annville, Lebanon County, Pennsylvania. ITEM 2: 1 direct that all my final medical expenses and funeral expenses be paid as soon aas practical after my death. a_ a ITEM 3: I direct that all taxes, penalties and interest that may be assessed on property d passing under this Will, of whatever nature and by whatever jurisdiction imposed, shall be paid from my Q residuary estate as part of the expense of administration of my estate, without apportionment. Any such taxes,penalties and interest imposed on other property passing as a result of my death,but passing outside of my probate estate shall be apportioned among and allocated to the beneficiaries of such property and shall be paid by each such beneficiary and in no event shall the taxes, penalties and interest owed on property passing outside of my probate estate be paid from the residue of my probate estate. Page 1 of 7 ITEM 4: I give, devise and bequeath ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($165,000.00) to my grandson, JONATHAN S. PETERS of 1229 Lincoln Avenue, New Castle, Indiana, provided he survives my death by thirty (30) days. Should my grandson, Jonathan S. Peters, predecease or he fails to survive my death by thirty(30) days, then this specific devise shall lapse and become part of my residual estate. ITEM 5: 1 give, devise and bequeath all the rest residue and remainder of my estate of every nature and wheresoever situate, together with insurance thereon to my daughter, SUSAN A. PETERS, of 509 Wayne Drive, Mechanicsburg, Pennsylvania, provided she survives my death by thirty (30)days. ITEM 6: Should my daughter, SUSAN A. PETERS, predecease me or fail to survive my death by thirty (30) days, then I give, devise and bequeath all the rest residue and remainder of my estate of every nature and wheresoever situate,together with insurance thereon to my grandson,JONATHAN S. PETERS, or if he predeceases me or fails to survive my death by thirty (30) days, then to his issue in equal shares,per stirpes. Should my daughter, Susan A. Peters and my grandson, Jonathan S. Peters both d predecease me or neither survives my death by thirty (30) days and leave no issue surviving, then I give, �o U devise, and bequest all the rest, residue and remainder of my estate to my son-in-law, DAVID K. d PETERS of Mechanicsburg, Pennsylvania. � Cn d ITEM 7: My Executrix or her successor shall have the following powers in addition to those given by law to be exercised by her in her absolute discretion, which powers shall be applicable to all property held by her, effective without the order of any court and until the actual distribution of all such property: a. To retain any investments at discretion including stock of any corporate fiduciary hereunder or of a holding company controlling it; Page 2 of 7 b. To invest and reinvest in the executrix's discretion as permitted under Act 28 of 1999, as amended, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and real estate, including non-income producing residential real estate for the occupancy of any present income beneficiary or beneficiaries, and in such diversified, proprietary money market and mutual funds, including such mutual funds of any corporate fiduciary hereunder or those of any successor or affiliated corporation or a holding company controlling it, as my executrix deems appropriate; C. To sell, to grant options for the sale of,or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof without liability of any purchaser to see to the application of the purchase money; d. To borrow money and to secure the repayment thereof by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof, C. To compromise claims by or against my estate or any trust created hereunder; f. To allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each; ag. To register investments in the name of a nominee or to hold the same unregistered in such a form that they will pass by delivery; U d h. To join in any recapitalization, merger, reorganization or voting trust plan affecting d investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and px generally to exercise all rights of security holders; Page 3 of 7 i. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my executrix deems advisable even for more than five(5)years and beyond the duration of any trust; j. To deduct administration expenses upon either the federal estate tax return or fiduciary income tax return with or without adjustment as between principal and income, as my corporate or disinterested executrix shall determine; k. To associate with her in the absence of a corporate fiduciary, an accountant, custodian and investment advisor, and other agents and to compensate them from principal or income or both, as my executrix shall determine, such compensation to be a reduction of the compensation of my executrix; 1. To associate with her at any time, in her absolute discretion and of her choice, a corporate fiduciary which shall have the same powers as my executrix, such designation by my executrix and acceptance by a corporate fiduciary to be in writing; M. To combine, without prior court approval, any trust herein with any other trust with substantially similar provisions, although such other trust may have been created by separate instruments and by different persons, and, if necessary to protect different future interests, to value the assets at the a time of such combination and to record the proportionate interest of each separate trust in the combined C' fund; provided however, that no such combination shall be permitted if the effect of such combination would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or O more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable; or (3) to cause the loss of the exempt status of one or more of such trusts from the imposition of the generation-skipping tax; Page 4 of 7 n. To exercise any stock options which they may receive; to borrow such funds from any source as my executrix may deem necessary for the exercise of such options; and to pledge assets as my executrix deems appropriate for this purpose; o. No trustee shall be required to qualify before, be appointed by, or, in the absence of a breach of trust, account to any court (and failure to account alone shall not be considered such a breach); nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or decision granted hereunder; P. To allocate any generation-skipping transfer tax exemption from the federal generation- skipping transfer tax to any property to which I am deemed the transferor under the provisions of Section 2652(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred under my will and any property not in my probate estate and any property transferred by me during life as to which no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios applicable to such transfers to be zero; q. To disclaim any interest in property without court approval; and r. To do all other acts and things necessary or appropriate in the management, administration and distribution of my estate or trust. ' Q ITEM 8: In the event any legatee or devisee named in this will dies under such a a circumstances that there is not sufficient evidence to determine absolutely whether such legatee or devisee U survived me, I direct such legatee or devisee shall be presumed to have predeceased me and devise and C� bequeath the gift in favor of that legatee or devisee to such persons and in such manner and in such xproportions as set forth in this will for distribution if the legatee or devisee predeceased me. Page 5 of 7 ITEM 9: Until distributed, no gift or beneficial interest shall be subject to anticipation or voluntary or involuntary alienation. ITEM 10: I appoint my daughter, SUSAN A. PETERS, Executrix of this my Last Will. Should my daughter, Susan A. Peters predecease me, fail to qualify or cease to act for any reason as my Executrix,I appoint my son-in-law,DAVID K. PETERS, alternate Executor of this my Last Will. ITEM 11: I direct that my personal representative or her successor shall not be required to give bond for the faithful 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 a day of NPAtIt 2013. THOMAS A. ACQUILLA 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. P11 A&491,AA 0 residing at v,t. residing at /0 Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) We,THOMAS A. ACQUILLA, HENRY F. COYNE, and ANNE M. DORMER,the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first re duly sworn, do hereby, declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the will as witness and that to the best of his or her knowledge, the Testatrix was at the time eighteen (18) years of older, of sound mind and under no constraint or undue influence. a, �- TH M A.A LLA Wit Witness Subscribed, sworn and acknowledged before me, LISA MARIE COYNE, by THOMAS A. ACQUILLA, the Testator, and subscribed and sworn to before me by HENRY F. COYNE and ANNE M. DORMER,the witnesses, this day of Ainsl 2013. 104 'L No Public (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAVSEAL Liao Mario Coyne'. Notory Public Nomp"Ji to"ship.CumWBone County Page 7 of 7 My tornmisLI6t1 Expires June'l0,2016 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00600 PA No. 21- 14- 0600 Estate Of: THOMAS ANTHONYACQUILLA (First,Middle,Le.0 Late Of: UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: WHEREAS, on the 24th day of June 2014 an instrument dated April 2nd 2013 was admitted to probate as the last will of THOMAS ANTHONY ACQUILLA (Firs(,Middle,Last) late of UPPERALLEN TOWNSHIP, CUMBERLAND County, who died on the 4th day of June 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: SUSAN A PETERS who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 24th day of June 2014. Regi eF of Wills �l ate. A V� Qt� elou **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)