HomeMy WebLinkAbout09-15-14 Res;T71
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: THOMAS D.COLAIZZI File No: 0 1 - ��- of lQ
a/k/a: THOMAS DANIEL COLAIZZI (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: August 29,2014 Age at death: 54
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 573 Miller Boulevard Mechanicsburg PA 17055 Monroe Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 573 Miller Boulevard Mechanicsburg PA 17055 Monroe Township Cumberland 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 $ 80,000.00
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. ... $ 80.000.00
Real estate in Pennsylvania situated at: NONE
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
91 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 July 26,2001 and Codicil(s)
thereto dated NONE
State relevant circumstances(e.g.renunciation,death of executor,etc.)
Except as follows: after the execution ofthe 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.
0 NO EXCEPTIONS ®EXCEPTIONS
Q 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 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.
Q NO EXCEPTIONS 0 EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,ifnecessary):
Name Relationship Address
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Form RW-02 rev. l0/ll/2011age�d
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA } RECORDED OFFICE OF
} SS: REGISTER OF WILLS
COUNTY OF CUMBERLAND }
-/1114 SFP
S
Petitioner(s)Printed Name Petitioner(s)Printed Address
Cindy L. Colaizzi 573 Miller Boulevard Mechanicsburg,PA 17055 CLE:6n n O r
ORPHANS' COURT
Pt,
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 Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before Date 1�
met IJ day of , 20 I y Date
By: V �Q Date
For the Register Date
BOND Required: Q YES Q NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ 210.00 Attorney Si
Short Certificate(s). . . . . . 310.00
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Jeffrey A. Ernico,Esquire
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other Will . . . . . . . . 15.00 ID Number: 07981
Inventory . . . . . . . . 15.00
Inheritance Tax Return . . . . . . . . 15.00 Firm Name: METTE,EVANS&WOODSIDE
. . . . . . . . Address: 3401 North Front Street
. . . . . . . . P.O.Box 5950
. . . . . . . . Harrisburg,PA 17110-0950
. . . . . . Phone: (717)232-5000
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)236-1816
JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: jaerrnicnnm com
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 325.50
DECREE OF THE REGISTER WILL
Estate of THOMAS D. COLAIZZI File No: X21— D IL - (�1L�0
a/k/a: THOMAS DANIEL COLAIZZI
AND NOW, 20 20 ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to CINDY L. COLAIZZI
in the above estate and(if applicable)that
the instrument(s) dated July 26 2001
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
d&a=JL-4'-/ Ai�
Register of Wills n��y n
Form RW-02 rev. 10/11/20/1 �� V age 2 of 2
Last Wifland Testament
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THOMAS D. COLAIZZI ;
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I, THOMAS D. COLAIZZI, of Monroe Township, Cumberland C'oun-I w
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Pennsylvania, being of sound mind and disposing memory, though I realize theme fn
uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus
Christ, in His death on the cross for my sins and in His shed blood as an Atonement
for my Soul; and I know by faith that because of His sacrifice on the cross for me I
have eternal life, do hereby make, publish and declare this to be my Last Will and
Testament, revoking any and all previous Wills and Codicils, and hereby will and
dispose of all the property which I own at my death in the following manner:
ITEM I: I direct that all inheritance and estate taxes
becoming due by reason of my death, whether such taxes may be payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
property passing out of the residue of this Will, as an expense and cost of
administration of my estate. The Executor shall have no duty or obligation to obtain
reimbursement for any such tax so paid, even though on proceeds of insurance or
other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses of
my last illness and funeral expenses from the property passing under this Will as an
expense and cost of administration of my estate.
Page 1 �C'�
ITEM III: If I predecease my wife, CINDY L. COLAIZZI,
I give and bequeath to my said wife, absolutely and in fee simple, all of my household
furniture and furnishings, books, pictures, silverware, wearing apparel and all other
articles of household or personal use or adornment and all policies of insurance
thereon. Should I survive my wife, CINDY L. COLAIZZI, I direct that all such
property be sold and added to the residue of my estate. I bequeath any and all items
of such property which are contained on a memorandum intended to be kept with
this, my Will, to the persons designated in said memorandum. In the event that no
such memorandum is contained with my Will or to the extent that I have remaining
items of personal property of the nature referred to in this paragraph which have not
been designated for distribution in said memorandum, I bequeath all such property
to my children living at my death, to be divided among them in as nearly equal shares
as they agree. In the event of irreconcilable disagreement among my children, they
shall take alternative turns selecting individual items with my oldest child making
the first selection. Any items not so selected sold and the proceeds shall pass as a part
of the residuary estate.
ITEM IV: I give, devise and bequeath all the rest,
residue and remainder of my estate, not disposed of in the preceding portions of this
Will, to my wife, CINDY L. COLAIZZI, if she survives me. If she does not survive me,
I make said bequest and devise as follows:
(a) Ten percent (10%) to CHRIST COMMUNITY CHURCH of
Camp Hill, Rt. 15 and Slate Hill Road, Lower Allen Township,
Cumberland County, Pennsylvania;
Page 2 �C.
(b) Five percent (5%) to the DELAWARE VALLEY GOLDEN
RETRIEVER RESCUE, INC. of P.O.-Box 2195, Sinking Spring,
Pennsylvania 19608;
(c) Twenty percent (20%) to my niece, AMY L.
PESSARCHICK of Windsor, New York;
(d) Ten percent (10%) to PATRICIA KOS of Jeanette,
Pennsylvania; and
(e) The residue to my mother-in-law, LUCILLE J. ROBERTS,
of Vestal, New York, if she survives my wife and me. If she shall fail to
survive, the residue of the estate shall be given equally to the brothers
and sisters of Cindy, or their issue per stirpes.
ITEM V: In the settlement of my estate, the Executor
shall possess, among others, the following powers:
(a) To retain any investments I may have at my death,
including specifically those consisting of stock of any bank even if I have
named such bank as the Executor herein, as long as the Executor may
deem it advisable to my estate so to do.
(b) To vary investments, when deemed desirable by the
Executor, and to invest in such bonds, stocks, notes, real estate
mortgages or other securities or in such other property, real or personal,
as the Executor shall deem wise, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
Page 3 ��-
(c) In order to effect a division of the principal of my estate or
for any other purpose, including any final distribution, the Executor is
authorized to make said divisions or distributions of the personalty and
realty partly or wholly in kind, and to allocate specific assets among
beneficiaries hereunder so long as the total market value of any share is
not affected by such division, distribution or allocation in kind. Should
it appear desirable to partition any real estate, the Executor is
authorized to make,join in and consummate partitions of lands,
voluntarily or involuntarily, including giving of mutual deeds,
recognizances or other obligations, with as wide powers as an individual
owner in fee simple.
(d) To sell either at public or private sale and upon such terms
and conditions as the Executor may deem advantageous to the estate,
any or all real or personal estate or interest therein owned by the estate
severally or in conjunction with other persons or acquired after my
death by the Executor, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchaser or purchasers,
conveying a fee simple title, free and clear of all trust and without
obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity of
said sale or sales; also, to make, execute, acknowledge and deliver any
and all deeds, assignments, options or other writings which may be
necessary or desirable in carrying out any of the powers conferred upon
the Executor in this paragraph or elsewhere in my Will.
Page 4 _'�
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any party, including the Executor,
to pay indebtedness of mine or of my estate, expenses of administration
or inheritance, legacy, estate and other taxes, and to assign and pledge
assets of my estate therefor.
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate.
(h) To make distributions of income and of principal to the
proper beneficiaries thereof, during the administration of my estate,
with or without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
(i) To vote any shares of stock which form a part of the estate,
and otherwise to exercise all the powers incident to the ownership of
such stock.
0) In the discretion of the Executor, to unite with other
owners of similar property in carrying out any plans for the
reorganization of any corporation or company whose securities form a
part of the estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
Page 5 ��.
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(1) To do all other acts in the Executor's judgment deemed
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate.
ITEM VI: Any person who shall have died at the same
time as I shall have, or in a common disaster with me, or under such circumstances
that the order of our deaths cannot be established by proof, or within thirty (30) days
of my death, shall be deemed to have predeceased me.
ITEM VII: If at any time any beneficiary under the age
of twenty-one (21) years shall be entitled to receive any assets hereunder, the
Executor of this Will shall receive such assets as Custodian under the.Pennsylvania
Uniform Transfers to Minors Act for that beneficiary. Such Custodian may receive
and administer all assets authorized by law, and shall have full authority as provided
in the Pennsylvania Uniform Transfers to Minors Act to use such funds in the
manner it deems advisable for the best interests of such beneficiary. In addition, said
Custodian shall have all the rights and privileges as to the Custodianship and its
assets as are herein granted to the Executor as to my estate and the assets therein. I
also designate said Custodian as successor Custodian of any property for which I am
custodian under any Uniform Gifts to Minors Act, or Uniform Transfers to Minors,
Act.
Page 6 IC.
ITEM VIII: I hereby nominate, constitute and appoint my
wife, CINDY L. COLAIZZI to be the Executrix, herein referred to as "Executor". In
the event of her death or her inability or refusal to serve, I nominate, constitute and
appoint my brother-in-law, WARREN M. KNAPP, of Towanda, Pennsylvania, to be
Executor. The Executor is specifically relieved from the duty or obligation of filing
any bond or other security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding five (5) pages, at the end of
each page of which I have also set my initials for greater security and better
identification this A(o4day of 5-1.� , 2001.
(SEAL)
THOMAS D. COLAIZZI
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testator as and for his Last Will
and Testament, in the presence of us, who, at his request and in his presence and in
the presence of each other, have hereunto set our hands and seals the day and year
first above written, and we certify that at the time of the execution thereof, the said
Testator was of sound and disposing mind and memory.
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(SEAL) Residing at4L i�
(SEAL) Residing at ��
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF
I, THOMAS D. COLAIZZI, Testator, 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 expressed.
(SEAL)
THOMAS D. COLAIZZI
Sworn to and subscribed before
me this �V+ day of
) 2001.
Notary Public
My Commission Expires:
(SEAL)
Notarial Seal
Melisa M.Lucas,Notary Public
Harrisburg, Dauphin County
My Commission Expires Oct. 13,2003
i
�/�
member,PennsA/ivaniaAssociation otNotaries
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ,/ aei f104) h )
and
the Witnesses whose names are signed to the
attached or foregoing instrument, being duly qualified according to law, do depose
and say that we were present and saw THOMAS D. COLAIZZI sign and execute the
instrument as his Last Will and Testament; that Testator signed willingly and that
he executed the Will as his free and voluntary act for the purposes therein expressed;
that each of us in the hearing and sight of Testator signed the Will as Witnesses; and
that to the best of our knowledge Testator was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue influence.
Witness Witness
Wit ss
Sworn to and subscribed before
me this a6 th day of
y , 2001.
Notary Public
My Commission Expires:
(SEAL)
Notarial Seal
Melisa M.Lucas, Notary Public
Harrisburg, Dauphin County
LMIV-yCommission Expires Oct. 13,2003
Member,Pennsyivania Association ot Notaries
PERSONAL MEMORANDUM TO LAST WILL AND TESTAMENT
OF THOMAS D. COLAIZZI
DATED: Vlal,
PERSON TO RECEIVE ITEM DESCRIPTION OF ITEM
Amy L. Pessarchick I leave my two dogs
:263005 1