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HomeMy WebLinkAbout08-01-14 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 2I_I ' ` _��5 Name: Angela I.Arcos File No: `-( a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 8,2014 Age at death: 40 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 817 Tavistock Road, 17050 Mechanicsburg 14m*,&@ , Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 701 Linglestown Road, 17110 Harrisburg Daunhin 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 $ 500.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsy lvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... S TOTAL ESTIMATED VALUE. ... $ 500.00 Real estate in Pemsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Omce and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)helshelthey istare the Executor(s)named in the last Will of the Decedent,dated October 31,2013 and Codicil(s) thereto dated r, r State relevant circumstances(eg.ret undadon,death of a recutor,da) C fp C3 m < G) c.DZ Except as follows:after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divorced,w��jparty to apendinp.,},CD divorce proceeding wherein the grounds for divorce bad been established as defined in 23 Pa.C.S.§3323(g),and did 8ve.e chilttbom oi.:I 1. adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 C . - t:D rj NO EXCEPTIONS ®EXCEPTIONS N3 It- It- nor © B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durance absentia,durance ARIoritate If Administration,c.t.a. or db.n.c.t.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 divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ONO EXCEPTIONS O EXCEPTIONS Petitioner(s),after a proper search hasthave ascertained that Decedent left no will and was survivedby the following spouse(ifany)and heirs(attach additional sheets,ifnecessary): Name Relationship Address Form RW-02 rev,/0111120!1 Page I of 2 Oath of Personal Representative official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Patricia Valigorsky 817 Tavistock Road Mechanicsburg,PA 17050 ` 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 Petitioner(s)and that,as Personal Representative(s)of the edent,the PetitionerIs)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed b�effo`re' l� J✓1 Date me this isr day of 21 Y Date By: TTAA),L Date For the Register Date BOND Required: O YES (E) NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . .... . .. .. .. . . . . .. .. . $ 20.00 Attorney Signature: ( 2)Short Certificate(s).. . .. . 10.00 J ( )Renunciation(s).. .. . . ... ( )Codicil(s). . . . . . .. ... . . - ( )Affidavit(s)... .... .. .. . Bond.. ... . .. .. . . . .. .. . .... . . Printed Name: Paul .Esp9 tto n o Commission. .... . . .. .. .... . . . Supreme Court BOO Other . . . . .. . . ID Number: 25454 1JJ n rJ Inheritance Tax return . . . .. . 15.00 Inventory . . . . . .. . 15.00 Firm Name: Goldberg Katzman,P.C. i)rn L b^ Will . .. . . .. . 15.00 Address: 4750 Cmma Mill Road OE-i r?CD cr ire i01 C70 " � T . .. . . .. . Harrisburg,PA 17112 T 1p -m . .. . . .. . Phone: 717-234-4161 Automation Fee. .. . .. .. . ... . . . 5.00 Fax: 717-234-6808 JCS Fee. .. ... . . .. .. .. . . .... . 33.50 Email: -ly nnldhergknt�an rnm TOTAL. . . ... . . .. . . .. . . .... . $ 113.50 DECREE OF THE REGISTER Estate of Angela J.Arcos File No: 24—I LA--T 2S a,Wa: AND NOW, f S I 2014 in consideration of the fore$oing Petition, satisfactory proof having been pr6dented before me,IT IS?ECRI L1)that Letters T 1 ryyY ..nt7 i YiA are hereby granted to Qi�Gl Va I 1 C 01-5cL I in'tWe above state and(if applicable)that the instrument(s) dated 7 :-;i1 r 2013 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. AQkza Qister of Wi Is ono Form Rif-02 rer.JOn Jrzoil tJ�age2 of , LAST WILL AND TESTAMENT «.:.� OF ANGELA J. ARCOS C-) Q >uo .- .rr�cc: r.,_ l.:J --S C GD u Z. W r I, ALA J. ARCOS, of 817 Tavistock Road, Mechanicsburg, Cumberland County, `z. v Pennsylvania, 17050, being of sound and disposing mind, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking and making null and void all prior Wills and Codicils made by me at any time heretofore. ITEM 1. I direct that all my legally valid debts, funeral and administrative expenses, and debts incurred or payable because of my death, shall be paid by my Executor, hereinafter named, from my residuary estate as soon after my death as practicable. All death taxes, including federal, state and other death taxes, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed thereon, shall be considered an expense of administration of my estate, without apportionment or right of reimbursement. Taxes on future interests may be prepaid. ITEM II. I give and bequeath certain items of tangible personal property that are solely owned by me at the time of my death and that are identified in any separate writing directing distribution thereof after my death which is dated and is signed by me at the end thereof, to those persons designated in such separate writing who survive me. If any item of tangible personal property is identified in more than one separate writing, I direct that, unless stated to the contrary, the separate writing bearing the last date shall govern the disposition of such item. ITEM III. I bequeath all household and personal effects, jewelry, automobiles, and other tangible personalty of like nature, other than those listed in Item II, in equal shares, to my Children, VIOLET ARIANNA PEREZ, JACK ANTHONY ARCOS, and ELEANOR ANN ZAPPEROLI, if they survive me by thirty(30)days; Provided, however,that if a named child does not so survive me, that child's share shall be divided, in equal shares, by the remaining survivors. ITEM IV. I give,devise and bequeath all of the residue of my estate of every nature, and wherever situate, including any property subject to any power of appointment, to my Children, VIOLET ARIANNA PEREZ, JACK ANTHONY ARCOS, and ELEANOR ANN ZAPPEROLI, if they survive me by thirty(30) days; Provided,however,that if a named child does not so survive me, that child's share shall be divided, in equal shares, by the remaining survivors. ITEM V. Should VIOLET ARIANNA PEREZ and ELEANOR ANN ZAPPEROLI (the "Beneficiary") not have attained the age of Twenty-seven (27) years at the time for distribution of my estate, I devise, and bequeath the share of each named Beneficiary to my hereinafter named trustee, IN SEPARATE TRUSTS, to hold, manage, invest, and reinvest the shares so received, and the accumulation of income thereon, and to use and apply in.her absolute discretion, from time to time such portion of income and principal thereof as it thinks proper for the Beneficiary's comfortable support, maintenance and education without regards to any other person's ability to provide such support or education, or to make payment for those purposes without further responsibility to such Beneficiary or to any person taking care of the minor. Any principal or income not so applied shall be distributed to such Beneficiary when she attains the age of Twenty-seven (27) years, or she dies prior thereto to her personal representative. 2 ITEM VI. My son, JACK ANTHONY ARCOS, has special circumstances and disabilities affecting him which has made him eligible for various local, state and federal benefits and entitlements which he now receives or will receive in the future. It has not been my duty to support JACK ANTHONY ARCOS. The amounts I am bequeathing him shall be held in trust for and during his life. The primary purpose of this trust is to assure that JACK ANTHONY ARCOS achieves his maximum-potential-and leads-as-full;independent-and normal a life as possible. To that end,the Trustee, in her absolute discretion, shall expend the income and principal of the trust in ways that best further these goals and under the following terms and conditions: 1. The Trustee shall pay to said JACK ANTHONY ARCOS so much of the net income and principal of the Trust as the Trustee, in her absolute discretion, deems advisable for supplemental needs only, as defined below. The distribution of income on any distribution date shall not establish a pattern for any other distribution date. It is my express intention that no distributions of income or principal be made for support or maintenance of said JACK ANTHONY ARCOS, but that my Trustee may make distributions for "Supplemental Needs," as defined below. The intent of this trust is a special needs trust and my Trustee shall provide trust payments of such an amount as not to preclude participation in any federal, state, local or other assistance programs. The income and principal of this trust may therefore be used as judged necessary and appropriate as a supplement to,but not to supplant, such federal, state, local or other assistance and to the extent the income of this trust is not used, the trustee may accumulate the income and add it to the principal of the trust. 3 2. While the trust is in existence, it shall be for the primary benefit of JACK ANTHONY ARCOS, however, my Trustee is directed to consider the remaindermen of the trust and use her best efforts to preserve the trust's assets for distritubution to the remaindermen. The foregoing sentence is in no way intended to limit the sole and absolute discretion of the trustee with respect to such distributions or to give any remainderman any right to challenge any distribution made by the trustee m the exercise of such discretion. Rather;said sentence is intended to aid the trustee and any Court or administrative agency in properly interpreting my intent in establishing this trust, namely, that the needs of JACK ANTHONY ARCOS be provided for only to the extent that governmental benefits and entitlements and other resources are either unavailable, inadequate, or have been exhausted. It is recommended that my Trustee consult legal counsel so that expenditures my Trustee makes out of this trust in no way effect benefits which JACK ANTHONY ARCOS is receiving through any federal, state or local governmental program. 3. As used in this instrument "Supplemental Needs" include (but are not limited to) items such as travel and vacation, recreation, socializing, clothing beyond what is required for maintenance, visiting, companionship, memberships, subscriptions to magazines and newspapers, small irregular amounts of spending money, guardianship fees, vocational rehabilitation (if not available from other sources), counseling and guidance, reimbursements for time and expense of a companion, legal representation, items which Medicaid and other government programs do not cover or have denied payment or reimbursement for (e.g., 4 wheelchair, communication devices), and other expenditures used to provide dignity, purpose, optimism and joy to the beneficiary. 4. On the death of said JACK ANTHONY ARCOS, the then remaining principal and undistributed income shall be paid to his then living issue,per stirpes. If no issue of his are then living, said principal and income shall be distributed to my then living issue,per stirpes, as designated under my Will. ITEM VII. I hereby appoint PATRICIA VALIGORSKY, to serve as the executor (the "Executor") of this, my Last Will and Testament. ITEM VIII. I hereby appoint KAREN E. HASSLER to serve as the trustee (my "Trustees") of any Trust created hereunder. ITEM IX. I hereby designate and appoint KAREN E. HASSLER and ROBERT J. RUSANOWSKY to serve as Guardians of the person and the property of my minor daughter, ELEANOR ANN ZAPPEROLI. ITEM X. I hereby excuse those persons named in or appointed pursuant to this Will as Executor, Trustee or Guardian, from the necessity of posting any bond or other security for the faithful performance of their respective duties in any jurisdiction. ITEM XI. The interest of the Beneficiaries hereunder shall not be subject to anticipation or voluntary or involuntary alienation. 5 ITEM XII. My Executor and Trustees shall have the following powers in addition to those invested in them by law and by other provision of my Will applicable to all property, whether principal or income, exercisable without court approval, and effective until distribution of all property: A. To retain any or all assets, real, personal or mixed, without regard to any principle of diversification, risk or productivity. B. To invest in-all forms of_property without restriction to investments authorized for Pennsylvania fiduciaries or executors. C. To sell at public or private sale,to exchange,mortgage or lease for any period of time, and to repair, alter or improve any real or personal property, and to give options for sales, exchanges, or leases,for such prices and upon such terms and conditions as they deem proper. D. To compromise any claim or controversy. E. To make distribution hereunder in cash, in kind, or partly in cash and partly in kind. F. To make any distribution hereunder for the benefit of minor beneficiaries or others, who, in their opinion, are incapacitated through illness, age, or other cause, directly to the beneficiary thereof, to the natural or legal guardian or the person who has custody of such beneficiary, or to apply any such distribution directly to the benefit of such beneficiary. The receipt of such persons to whom payment is made or entrusted shall be a complete discharge of the fiduciary in respect thereof. G. In general, to exercise all powers in the management of any funds which any individual could exercise in the management of similar property owned in his own right 6 upon such terms and conditions as to them may seem best, and to execute and deliver all instruments and to do all acts which they deem necessary or proper to carry out the purpose of this Will. ITEM XIII. Any person who shall have died at the same time as me, or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. IN WITNESS WHEREOF, I have hereunto set my hand O hand and seal to this,, my Last Will and Testament, consisting of seven (7)typewritten pages, this,J / day of M 2013. (SEAL) ANGELA J.ARCOS 7 We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix, ANGELA J. ARCOS, as and for her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. residing at &I Z✓U �,lI1S.,,r , Ply ha 1 g residing at ,21 4my4h /Iir, ��il vl j Ze n? la COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF DAUPHIN We, ANGELA J. ARCOS, the Testatrix, and J44 t.}isk.P and 'Fa' u 1 J, Cs Po si fa the witnesses, respectively, whose names are signed to the foregoing instrument,being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ANGELA J.ARCOS WIT S WITNESS 8 Subscribed, sworn to and acknowledged before me by the Testatrix, ANGELA J. ARCOS, and subscribed and sworn to before me by and witnesses, this 3rday of 12013. Notary Pub (SEAL) COMMONWEAL'rN OF PENNSYLVANIA Nolarlal Seal Shirley M.Erb,"Notary Public Lower PaxCOn T�.'res Dec.10,ZO G Cpmmi55bn Expi fdEMBER PENNSYLVANIA p55pC(Ai70M OF NOTARIES 9 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA NO. 014- 00725 PA No. 21- 14- 0725 Estate of: ANGELA J A RCOS (First,Wade,Lastj Late Of.- HAMPDEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: �7- WHEREAS, on the 1st day of August 2014 an instrume,'${ ated= October 31st 2013 was admitted to probate as the last wiZ of ns ANGELA J ARCOS o (First.Middle,Last) late of HAMPDEN TOWNSHIP, CUMBERLAND County, who died on the 8th day of March 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, 1, LISA M, GRAYSON, ESQ. —, Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that -T have this day granted Letters TESTAMENTARYto: PATRICIA VALIGORSKY who has duly qualified as EXECUTOR(RIXJ 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 1st day of August 2014. tj JG 1'(10 4,(j Z.J,qPurj **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)