HomeMy WebLinkAbout09-26-14 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,appiy(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:
Anthony Fortin!
Decedent's Information r�yy
Name: Mario R.Fort3ni File No: 21-14 9.h
L+
a/k/a: Mario Richard Fortini alkta Bill Fortin!
(Assigned by Register)
a/kia:
a/k/a: Social Security NO:
Date of Death: 09/05/2014 Age at Death: 88
Decedent was domiciled at death in Cumberland County, PA (state)with his/her last
principal residence at Golden Living Center,Camp Hill 17011 Camp Hill Cumberland
street address,Post Office and Zip Code City,Township or Bmims;h County
Decedent died at Golden Living Center Camp Hill Cumberland PA
street address,Pest Office antl Zip code City,Township or Borwgh Canty state
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania..................... All personal property $ 10 000.00
If not domiciled In Pennsylvania............... Personal property in Pennsylvania $
If not domiciled In Pennsylvania................ Personal property in County $
Value ofreal estate in Pennsyl vania................................................................... $
TOTAL ESTIMATED VALUE $ ry 10,000.00
Real estate in Pennsylvania situated at C7 M_
tAffadr additional sheets,if,ecessaty j
attest address,Post Office and Zip Code Gfiy,Toershipor Borough t77 C011HE —'
P11 2 n --I
:M 7y, r— N m M
®A. Petition for Probate and Grant of Letters Testamentary 1711 A
Petitioner(s)ever(s)tthat he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 0a1051201'M ; . and Codtcit s
thereto dated
O rsT
state relevant cirwmences(e.g.,renunaation,death of executor,etc)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry was not divorc$d,was not a to a pen�i}Ig
divorce proceeding wherein the grounds for divorce had been established as defined in: Pa.C.S.g 3323(8),and did not have a c ild orn or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
®NO EXCEPTIONS F1 EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c1.a.,don.,oon.c.ta.,pedente lite,durante absentia.durante mirentate
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 pending divorce proceedin 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.
E]NO EXCEPTIONS Q 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,if necessary):
Name Relationship Address
Farm RW-02 rev.Lair-Zof i Copyright(c)2011 fa'm sotrware only The Lackner Group,Ind. Page t of 2
Oath of Personal Representative DBfrial Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Anthony Fortini 12 Goltview Road
Camp Hill,PA 17011
The Petitioner(s)above-named swears)or affirm(s)the statements in the of g Petition nd correct to the bast of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of the D titioner( wi and truly administer the estate according to law.
Sworn to or affirmed and subscribed before -�r.� �'4 .+-- _ Date
ma this day of � ,�?� Date
By: 31Q LlQ. 7�VYTt1f`V'� Date
Rvme Register Date
BOND Required? ❑ YES FXJ NO To the Register of Wills:
FEES: � rr Please enter my appearance by my signature below:
Letters.......................................... 5 �"Y� Atto ey at re: //
( ,D )Short Certificate(s)......... 2� I�fa/'/�
(
)Renunciation(s)..............
e
( )Affidavit(s)...................... Printed Name: Wayne M Pecht Esq. C c m rn
Bond-...........---..........
,.,......."" Supreme Gourt cp � r''r 2 a
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Commission.................................. ID umber: 38964
Other W}I r �i r- rn m rn
#?LZ�.�X
h V IS Firm Name: Pecht$Associates PC �
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Address: 650 North Twelfth St,4u69--mm ry
c7 G _� F� C,
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Lemoyne,PA 17043 -� `"'i � 17-� �
CO
Automation Fee... Phone: 717-691-9808
JCS Fee.........-............................ Fax:
TOTAL......................................... $ E-mail: wpecht@pechtJaw.com
DECREE OF THE REGISTER
Date of Death: 09105/2014
Social Security No: �----
Estate of Mario R.Fortini File No: 21-14- amt
awa: Mario Richard Fortini alkla Bill F�orthil
AND NOW,- ��rQ '�'<�G+" Zb �� ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Anthony Fortint -
in the above estate and(if applicable)that the instrument(s)dated 08/0512011
described in the Petition be admitted to probate and filed of record as M st Will(and Cod' ii( ))of Decedent
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ster of Will
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RECORDED OFFICE 0
REGISTER OF Vill-L'S
Laast �Viil and Testament
2019 SEP 26 AM 9
CLERK OF OF
ORPHANS' COURT MARIO R. FORTINI
GU RE.RUNO GO., PA
I, MARIO R. FORTINI, of Mechanicsburg, Cumberland County, Pennsylvania, do make,
publish and declare this to be my Last Will and Testament,hereby revoking all Wills and Codicils by
me heretofore made.
ITEM 1: Family Information. I am married to Eleanor B. Fortini,and all references to
my wife in this Will are to her. I have four children: Pamela Ann Tarell (born September 19, 1953);
Anthony Fortim (born September 30, 1955); Mary Ellen Wotring (born August 3, 1964); and
Richard Fortini (born October 9, 1967). My children are referred to in this Will as my children or as
children of mine. Any person born to or adopted by a child of mine is referenced in this Will as my
issue. Provided,however,no adopted person shall benefit under this Will unless the order or decree
of adoption is entered before the adopted person attains the age of twenty-one (2 1)years.
ITEM 11: Death Taxes. I direct that all inheritance and estate taxes becoming due by
reason of my death,whether payable by my estate or by any recipient of any property,shall be paid
by the Executor out of the residue of my estate, as an expense and cost of administration of my
estate, except that no taxes shall be charged against any gift qualifying for the marital or charitable
deduction in 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 III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last
illness and funeral expenses from the residue of my estate as an expense and cost of administration
of my estate.
Initials
ITEM IV: Tangible Personal Property. If]die before my wife,Eleanor B.Fortini,I give
to her all my tangible personal property, including but not limited to, all of my household furniture
and furnishings, books, pictures,jewelry, silverware, automobiles, wearing apparel and all other
articles of household or personal use or adornment and all policies of insurance thereon. If I do not
die before my wife, I may leave a written list in my safe deposit box or elsewhere disposing of
certain items of my tangible personal property. The Executor shall dispose of items of my tangible
personal property as specified in the written list_ If no written list is found in my safe deposit box or
elsewhere and properly identified by the Executor within thirty (30) days after the probate of my
Will, it shall be presumed that there is no other statement or list. Any subsequently discovered list
shall be ignored. If I survive my wife, l give any property of the type described in this Item and not
set forth in a written list to my children,to be divided among them as they shall agree. Should there
be no agreement,,the Executor shall divide this property among them in equal shares, as the
Executor, in his discretion,deems appropriate,having due regard to the personal preferences of my
children.
ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding
portions of this Will, to my wife, Eleanor B. Fotini. If my wife does not survive me, I give the
residue of my estate, not disposed of in the preceding portions of this Will, to my children,Pamela
Ann Tarell,Anthony Fortini, Mary Ellen Wotring,and Richard Fortini, in equal shares,per stirpes.
If any of my said children shall predecease me, leaving no issue,such deceased person's share shall
be distributed to those of my children who survive me, in equal shares, per stirpes.
ITEM VI: Administrative Powers. In addition to the powers granted at law,the Executor
and the Trustee shall possess the following powers, each of which shall be construed broadly and
may be exercised without court approval, but in a fiduciary capacity only:
A. To retain any investments 1 have at my death, including specifically
those consisting of stock of any bank even if I have named that bank as the Executor.
R. F 2
I;iejals
B. To vary investments, to make loam , and to invest in bonds, stocks,
notes,real estate mortgages or other securities or in other property, real or personal,
without being restricted to so-called"legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
C. The Executor is authorized to divide and distribute personal property
and real property, partly or wholly in kind, and to allocate specific assets among
beneficiaries so long as the total market value of each share is not affected by the
division,distribution or allocation in kind. The Executor is authorized to make,join
in and consummate partitions of lands,voluntarily or involuntarily,including giving
of mutual deeds,or other obligations,with as wide powers as an individual owner in
fee simple.
D. To sell either at public or private sale real and personal property
severally or in conjunction with other persons,and to consummate sales)by deed(s).
or other instrument(s)to the purchaser(s),conveying a fee simple title. No purchaser
shall be obligated to see to the application of the purchase money or to make inquiry
into the validity of any sale(s). The Executor is authorized to execute,acknowledge
and deliver deeds,assignments,options or other writings as necessary or convenient
to any of the power conferred upon the Executor.
E. To mortgage real estate,and to make leases of real estate.
F. To borrow money from any person, 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
established by this Will.
G. To pay all costs, taxes,expenses and charges in connection with the
administration of my estate established under this Will.
H. To make distributions of income and of principal to the proper
beneficiaries,during the administration of my estate,with or without court order, in
such manner and in such amounts as the Executor deems prudent and appropriate.
1. To vote shares of stock which form a part of my estate established
under this Will, and to exercise all the powers incident to the ownership of stock.
7�
R. F. 3
Initials
J. To unite with oilier"owners of property similar to property in my estate
to carry out plans for the reorganization of any company whose securities forma part
of my estate.
K. To disclaim any interestin property which would devolve to me or my
estate by whatever means, including but not limited to the 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.
L. To prepare, execute and file tax returns of any type required by
applicable law,including but not limited to filing a joint tax return with my surviving
spouse, and to make all tax elections authorized by law.
M. To employ custodians of property, investment or business advisors,
accountants and attorneys as the Executor deems appropriate, and to compensate*
these persons from assets of my estate or trust,without affecting the compensation to
which the Executor is entitled.
N. To allocate administrative expenses to income or to principal,as the
Executor deems appropriate. However,no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any estate tax marital
deduction or estate tax charitable deduction.
O. To make any adjustment to basis authorized by law,including,but not
limited to increasing the basis of any property included in my estate,whether or not
passing under this Will, by allocating any amount by which the bases of assets may
be increased. The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively,primarily,or at all to assets which pass as part of
my probate estate as opposed to other property for which a basis adjustment is
allowable. The Executor shall allocate basis increase equitably among those
beneficiaries receiving property as a result of my death, but shall not be liable to any
person, nor subject to removal or surcharge, for any reasonable allocation of basis
increase.
P. To compromise claims.
7a &F. 4
Initials
To do all other acts in his or her judgment necessary or desirable for the proper and
advantageous management, investment and distribution of the estate established under this Will.
ITEM VII: Distributions to or for Beneficiaries. The Executor is authorized to distribute
principal and/or income in any one or more of the following ways if the Executor considers the
beneficiary unable to apply distributions to the beneficiary's own best interests,or if the beneficiary
is under a legal disability:
A. Directly to the beneficiary;
B. To the legal guardian or conservator of such beneficiary,
C. To a Trustee,as custodian under the Pennsylvania Uniform Transfers
to Minors Act as to a beneficiary under the age of twenty-five (25)years;
D. To a relative of the beneficiary,to be expended by that relative for the
benefit of the beneficiary; or
E. By directly applying distributions for the benefit of the beneficiary.
PPEM VIII: Survival. Subject to item X,any person who has died within thirty(30)days
after my death, or under such circumstances that the order of our deaths cannot be established by
proof,shall be deemed to have predeceased me. Any person(other than myself)who has died at the
same time as any beneficiary under this Will,or in a common disaster with that beneficiary,or under
such circumstances that the order of deaths cannot be established by proof,shall be deemed to have
predeceased that beneficiary.
ITEM IX: Executors and Trustees. I make the following provisions with respect to my
Executors and Trustees:
A. I appoint my son Anthony Fortini to be the Executor of my Estate. In
the event that my son Anthony Fortini is unable or refuses to serve as Executor of
my estate,I appoint my son Richard Fortini to serve as Executor of my estate.
t 5
Initials
B. The Executor•shdffhave the riowto receive reasonable compensation
for services rendered and i•eiihbi:rsethent foi ceasdh6ble expenses.
C. No Executor shall be liable or accountable for any loss that may result
from the good faith exercise of the authority granted in this Will.
D. The Executor is specifically relieved from the duty of filing bond or
entering security.
ITEM X: Simultaneous Death. In the event that my spouse and I die simultaneously,or
that the order of our deaths is uncertain, she shall be deemed to have survived me.
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 this 5th day of August 2041.
Mario R. Fortini
SIGNED; SEALED, PUBLISHED and DECLARED by Mario R. Fortini,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 subscribed our names as -witnesses.
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Initials
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA'
ss
COUNTY OF CUMBERLAND
We, Mario R. Fortini, �� ti �r Y'1 `P_Q C N— -N and
Testator and witnesses, respectively, whose names are
signed to the attached and foregoing instrument, being first 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 ofthe Testator,signed the Will as
witnesses and that to the best of his/her knowledge the Testator was at that time eighteen years of age or
older,of sound mind and wider no constraint or undue influence.
Mario R. Fortini
Testator <�
Witness
Wim
Subscribed and sworn to and acknowledged before me by Mario R.Fortini,the Testator;and
`subscribed and sworn to before me by \v�Ce m �Q ��� and
,witnesses,on this 5th day of August 2011.
]oMMONWEALTH Or PENNSYLVANIA
# NOTARIAL SEAL
_ Lori A.Backenstoes-Notary Public
Notar 9rfi A 'a'ac `
MY COMM SSION EXPIRES OOT.14,2011
Initials
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
of Cli
No. 2014- 00924 PA No. 21- 14- 0924
O� q Estate Of: MARIO R FORTINI
tFasr,Middle,Lestt
a/k/a: MARIO RICHARD FORTINI BILL FORTINI
Late Of: CAMP HILL BOROUGH
CUMBERLAND COUNTY
Deceased
1750 Social Security No:
WHEREAS, on the 26th day of September 2014 an instrument dated
August 5th 2011 was admitted to probate as the last will of
MARIO R FORTINI
tArsr,"144648,"Vi
a/k/a MARIO RICHARD FORTINI BILL FORTINI
late of CAMP HILL BOROUGH, CUMBERLAND County,
c rn
who died on the 5th day of September 2014 and o� M c7
WHEREAS a true co _ x
copy of the will as probated is aL�Thi e�ea' h�i-et�.�,
THEREFORE, I, LISA M. GRAYSON, ESO, Re g i t �f W11IT in and for CUMBERLAND County, in the Commonwealth of Pennsylvz ata4a,: lxereb°y
c� Q
certify that I have this day granted Letters TESTAMENTARYto: c>
Pry
ANTHONY FORTINI o r >
n �
who has duly qualified as EXECUTORIRIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 26th day of September 2014.
Q
Aau
Deputy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)