HomeMy WebLinkAbout10-17-14 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:
Brian J.Gross
DecedenY Information
Name: Arlene M.Gross File No: 21 ���'���
a/k/a: —
a/k/a: (Assigned by Register)
a/k/a:
Social Security No:
Date of Death: 07/13l2014 Age at Death: gg
Decedent was domiciled at death in Cumberland County, pq (State)with his/her last
principal residence at 406 Allendale Way,Camp Hill 17011 Lower Allen
Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Harrisburg Hospital,111 South Front Street Harrisburg Dauphin pq
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedenYs property at death:
If domiciled in Pennsylvania...................... All personal property $ 2� ��pD .°°
Ifnot domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ aa ��0 p oa
TOTAL ESTIMATED VALUE $ a3(o� Opp . oa
Real estate in Pennsylvania situated at 406 Allendale Way,Camp Hill,PA 17011 Lower Allen Townshi
(Attach additional sheets,if necessary.) P Cumberland
Street address,Post Office and Zip Code City,Township or Borough Count
Y
�A. Petition for Probate and rant of L t+pr Te am n+aµ
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 07/08/2011 and Codicil(s)
thereto dated
The followina hav �p������a�+their riaht to serv a x or• ohn�"! ,ro c �r , � gFj�) and F�ay�,_
Sensenia ldauahterL �� oR��) Di ne h LaRocca(da�
State relevant circumstances(e.g.,renunciation,death of executo�,etc.)
Except as follows:after the execution of the 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.
�NO EXCEPTIONS � EXCEPTIONS
❑ B. Petition for Grant of Lett rc r�f Admini tntion (If appiicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate
If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Se tion A abov and omrzete list of heirc.
Except as follows:Decedent was not a party to 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.
�NO EXCEPTIONS � 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 Relationshi
p Address r-„,
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Brian J.Gross 9908 Sporting Hill Road
Orrstown,PA 17244
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the fo egoing Petition are true and correct to the best af the Rnowledge and � �-�
belief of Petitioner(s)and that,as Personal Representative(s)of th ec t,Petitioner(s)will well and truly administer the estafe accord�i lawc�" �-s-�
Swom to r affirmed an ubsc ibed before .'�Date a</ �/ i 0
me th's Uday of ,�� - � -r�
By. Date
F r t Register Date
Date
BOND Required? � YES � NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Lette . . . ............ $ ��� � � Attom Sig afure�, s
( �)Short Certificate(s)......... `, � - i P
( � )Renunciation(s).............. / �•�O� ,,,t���i` t
_7� .s
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Ivo V.Otto III
Bond.............................................
Supreme Court
Commission.................................. ID Number: 27763
Other
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�' Firm Name: Martson Law Offices
Address: 10 East High Street
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Carlisle,PA 17013
Phone: 717-243-3341
Automation Fee............................ , Q 0
JCS Fee....................................... �� Fax: 717-243-1850
TOTAL......................................... $ , � E-mail: iotto@martsonlaw.com
DECREE OF THE REGISTER
Date of Death: 07/13/2014
Social Security No: 204-
Estate of Arlene M.Gros File No: 21 -- ` —
a/k/a �
AND NOW, , ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentarv
are hereby granted to Brian J.Gross
in the above estate and(if applicable)that the instrument(s)dated 07/08/2011
described in the Petition be admitted to probate and filed of record as th ast Will(and Codicil(s)) f ecedent. �
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
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�� (��� �` No. 2014- 00983 PA No. 21- 14- 0983
� �A Es ta te Of: ARLENE M GROSS
I' D ` lFirst,Midd/e,Lastl
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� Late Of: LOWERALLENTOWNSHIP
M N
CUMBERLAND COUNTY
Deceased
1750 Soci al Securi ty No:
WHEREAS, on the 17th day of October 2014 an instrument dated
July Sth 2011 was admitted to probate as the last will of
ARLENE M GROSS
lFirsl,Midd/e,Last)
late of LOWERALLEN TOWNSH/P, CUMBERLAND County,
who died on the 13th day of July 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. Register of Wills in and
for CIIMBERLAND County, in the Commonweal th of Pennsylvania, hereby
certi fy tha t I have thi s day gran ted Le t ters TESTAMENTARY to:
BRIAN J GROSS
who has duly qualified as EXECUTOR(R/XJ
and has agreed to administer the estate according to law, all of which
ful l y appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
p�f my �fice on the 17th day of October 2014.
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LAST WILL AND TESTAMENT `�" =�= ``' - � '��'
,<7 •�,. r f-► r �-;i
I,ARLENE M. GROSS, of Camp Hill, Cumberland County, Pennsylvan��,being of sounc��
and disposing mind and memory, do hereby make,publish and declare this to be rt2 �Las � � �s��
y . t�ill��c�:,
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Testament, hereby revoking any and all former Wills or Codicils by me made.. - . 3�`�" �
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ITEM ONE � �
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM
SIX hereof as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
In the event my said husband,JOHN W. GROSS, JR., shall predecease or fail to so survive
me by thirty(30) days, then I give such items of personalty as are itemized in a certain list attached
hereto to the persons named thereon, which list is signed and dated by me at the end thereof.
ITEM THREE
I give all of my personal and household effects, automobiles, boats and collections, if any,
and any insurance policies thereon,unto my husband,JOHN W. GROSS, JR., if he survives me by
thirty(30) days, otherwise to my children who so survive me to be divided equally among them as
they agree. My Executor(s) shall sell any property as to which there is no such agreement within
sixty (60) days after the admission of this Last Will and Testament to probate and shall add the
proceeds to the residue of my estate.
ITEM FOUR
If my husband,JOHN W. GROSS,JR., is living thirty(30)days after my death,then I give,
devise and bequeath all of my estate,both real and personal property,unto my said husband,JOHN
W. GROSS, JR., absolutely.
If my said husband does not survive me by thirty(30)days,then I give,devise and bequeath
all the rest, residue and remainder of my estate, in the following manner:
A. In light of gifts made by me and my said husband during our lifetimes,I give the sum �
of Two Hundred Fifty Thousand Dollars($250,000.00)to my daughter,KAYE L. SENSENIG,and ,;
the sum of Two Hundred Thousand Dollars($200,000.00)to my daughter,DIANE M. LAROCCA. �
G[� �G, �
A.M.G.
Page 1 of 7 Pages
In the event either of my said daughters shall have predeceased or failed to survive me by thirty(30)
days, then such specific bequests shall be disposed of under the terms and conditions of ITEM SIX
(d) of this my Last Will and Testament.
B. I give the sum of Twenty Thousand Dollars ($20,000.00) unto each of my
grandchildren, to wit: CHAD SENSENIG, CARRIE SENSENIG, KYLE SENSENIG, DINA
LAROCCA,NICHOLAS LAROCCA, ZACHARY GROSS and NATHAN GROSS. In the event
any of said beneficiaries is a minor at the time for distribution,then his or her share shall be held by
his or her parent who is my descendent until such beneficiary reaches the age of twenty-one (21)
years.
C. All the rest, residue and remainder of my estate, both real and personal property, I
give unto my Trustees to be held or distributed by such Trustees under ITEM SIX (c) through (d)
hereof.
ITEM FIVE
In the event my said husband shall disclaim all or any portion of any devise or bequest made
to him under the foregoing ITEM FOUR, then the amount otherwise payable shall be held by my
Trustees under ITEM SIX hereof. For purposes of the Trust established under ITEM SIX hereof,
my said husband, JOHN W. GROSS,JR., shall not be deemed to have predeceased me by virtue of
his exercise of the right to disclaim set forth herein.
ITEM SIX
RESIDUARY AND DISCLAIMER TRUST
My Trustees shall hold the assets received under ITEMS FOUR and FIVE hereof,if any,for
the following purposes:
A. To pay the net income,at least quarter-annually,to my husband,JOHN W. GROSS,
JR., for life. In addition,the Trustees in their sole discretion,may invade the principal of the Trust
for the proper and adequate support of my husband.
B. In addition to the above provisions, my said husband shall have the power to direct
my Trustee to pay to him or to apply out of the principal of this Trust in each year,including the year
of my death, an amount not in excess of the greater of Five Thousand ($5,000.00) Dollars or five
,�G
A.M.G.
Page 2 of 7 Pages
(5%) percent of the then aggregate value of the principal of this Trust. This power shall be
noncumulative and may be exercised only by an instrument in writing signed by him and delivered
to my Trustee within the first thirty(30) days of fiscal year of this Trust.
C. Upon the death of my husband,JOHN W. GROSS,JR.,my Trustees shall distribute
the principal of the Trust to my children,BRIAN J. GROSS,DIANE M. LAROCCA and KAYE L.
SENSENIG, in equal shares, absolutely.
D. In the event that any of my said children shall fail to survive my husband and me,but
shall leave issue surviving, then such deceased child's share shall be held by my Trustees and the
net income therefrom shall be used for the support,maintenance and education of the issue of such
deceased child. My Trustees shall use as much of the principal as they shall deem desirable for said
purposes. My Trustees shall distribute absolutely the principal of such share of such deceased child
to the issue of such deceased child per stirpes as each shall attain the age of thirty(30)years. In the
event that any of my children shall fail to survive my husband and me and not leave issue surviving,
then such deceased child's share shall be added to the shares of my other children as if originally a
part thereof.
ITEM SEVEN
POWERS OF EXECUTOR AND TRUSTEES
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executar and Trustees and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution.
A. To retain any property of any nature received by them for whatever period they shall
deem advisable;
B. To invest and reinvest all or any part of said property in such stocks,bonds,securities
or other property, real or personal, as in their discretion they shall deem proper, without regard to
statutes limiting the property which a fiduciary may purchase;
C. To sell,transfer,exchange or otherwise dispose of,any part of said property,for cash
or on terms,publicly or privately,or to lease,even for a term exceeding five(5)years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
�G
A.M.G.
Page 3 of 7 Pages
• �
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status of any beneficiary with regard to death,marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
G. To pay from the trust,or the income therefrom,all debts or claims against my estate,
or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustees, in their absolute discretion, may cause the share distributed to any
distributee to be composed of property similar to or different from that distributed to any other
distributee;
I. To exercise any subscription right in connection with any security held hereunder,to
consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner,in real estate or other property and to act as I could have done
had I been living;
�
A.M.G.
Page 4 of 7 Pages
N. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
incompetent,but who, by reason of illness or mental or physical disability is, in the opinion of the
fiduciary(ies)hereunder,unable to properly administer such amounts,such amounts may be paid by
the fiduciary(ies)hereunder in his,her or their sole discretion in any of the following ways as he,she
or they may deem best:
(1) Directly to such beneficiary;
(2) To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
(3) To a person having custody of such beneficiary for the benefit of such
beneficiary;
(4) By the fiduciary(ies)hereunder using such amounts directly to the benefit of
such beneficiary.
Evidence of the application of payment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as principal.
P. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM EIGHT
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any trust hereunder
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustees,be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
___`�LL�'
A.M.G.
Page 5 of 7 Pages
If any beneficiary of any trust shall, in the sole opinion of my Trustees, be or become
mentally or physically incapacitated, by reason of illness, accident, minority or otherwise, my
Trustees may apply either income or principal for the support and welfare of such beneficiary
directly to the person who has the care and control of such beneficiary, without the intervention of
any guardian and without obligation to supervise application of said amounts in any way.
ITEM NINE
APPOINTMENT OF EXECUTOR AND TRUSTEES
I nominate, constitute and appoint my husband, JOHN W. GROSS, JR., as Executor of my
estate. In the event that my said husband shall predecease me or fail to act as Executor, then I
appoint my children, BRIAN J. GROSS, DIANE M. LAROCCA and KAYE L. SENSENIG, as
Executors of my estate. In the event any of my said children shall be unable or unwilling to act as
Executor, then my remaining children shall so act.
I hereby appoint my children, BRIAN J. GROSS, DIANE M. LAROCCA and KAYE L.
SENSENIG, as Trustees of any trust created hereunder. In the event that any of my said children
shall be unable or unwilling to act or continue to act as Trustee, then my remaining children shall
so act.
ITEM TEN
WAIVER OF BOND
I direct that neither my Executor(s)nor my Trustees shall be required to file any bond in any
jurisdiction to secure the faithful performance oftheir duties,nor shall theybe required to obtain any
order or approval of any court for the exercise of any power or discretion set forth in this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this �� day of
(� , 2011.
, SEAL)
Arlene M. Gross
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testatrix,as and
for her Last Will and Testament,in the presence of us,who at her request,have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testatrix and of each other.
�
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Page 6 of 7 Pages
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We,Arlene M.Gross,Ivo V.Otto III,and ' �
,
the Testatrix and the witnesses, respectively, whose names are signed to the faregoing 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 the Testatrix has signed willingly, and that the
Testatrix 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 a 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.
��� /r/
Ar ene M. Gross, Testatrix
Witness
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it s
Subscribed, sworn to and acknowledged before by Arlene M. Gross, the Testatrix, and
subscribed and sworn to before m y Ivo V.Otto III and Lc�,.,t ,��� �
the witnesses, this ��day o 1, �,
�
� � � �-�_
Notary Public
+;�.��7i�YU�`�i�r<-,�;'k`[i OF PENNSYLVAPiIA
;'� r�d�TAItIAL SRAT,
4 `Jicioria'L.Otto,Notary Public
�Carlisle Boro,Cumberland County
My commission expires December 20,2014
Page 7 of 7 Pages
� ' , ' ,
List of Personalty under Item Two of
Last Will and Testament of
Arlene M. Gross
1. I give my diamond rings to my granddaughters, CARRIE SENSENIG and DINA
LaROCCA;
2. I give my diamond necklaces to my daughters, KAYE SENSENIG and DIANE
LaROCCA;
3. I give my silver flatware to my daughter, DIANE LaROCCA;
4. I give my furs to my daughter, KAYE SENSEIVIG;
5. I give my automobile to my son, BRIAN GROSS.
Dated: 7 B_��
Witnes • �
Arlene M. Gross
, �,
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RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of Arlene M.Gross t� �' �'� ,'`' '�
r7 ;;Decea�l �"� �'
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�� Kaye L.Sensenig -` ' t'� n�
in my capacity/rel�fionship as c.� �,, �
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_Daughter of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfuily request that Letters be issued to
Brtan J.Gross
9 �I � �,.� .
rosra� �— r . ��� _
Kaye L.Sensenig
947 Old Lancaster Pike
�sn�taaae�s�
Reading, PA 19808
rc�+r.srare,ral
Executed in Register's O�ce Farecuted out of Register's O�ce
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
that he or she executed the�enun iation for the
of , . purposes tate within on this � day
of � �/ � O/� ,
,
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Oeputy for Register of Wills Not ry Public
My Commission Expires: ((//� /b
(Signalure and seal of Notery a other o(fidal qua�fied to/
admfnbter oeths. Show date ot expire0on of Nolaya eommisaWn.)
COMMONYVEALTH OF PENNSYLVANIA
NOTARI�ML SEAL
CYNTHIA L CMAYA
Natary Pu01ic
PENN TWP.,PERRY.COUNTY
My Commiss�oa Expires N`ov fi9,2016
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RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Arlene M.Gross , Deceased
�� Diane M. LaFtocca in my raN2city/rela±icnsh�p ss
a
Daughter of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Brian J.Gross
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f, .�� � Diane M. LaRocca
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Executed in Register's O�ce Executed out of Regisfer's�ce
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
befo�e me this day party executing this renunciation and ce�tified
that he or she executed the renun iati n for the
of , , purposes stated within on this •,� day
or 5c�ptc�M b�r , - ���.
C � "
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Deputy for Register of Wills Nota Public
My Commission Expires: ////�i/a�v/l�
(SignaWre and seal of Notary w other offxial qual�s�oommissionJ
adminiateroetha. Show data of ex vetion of(Jot
GOMMUNWEALi n ur PENNSYLVAN�A
NOTARIAL SEAL
CYNTNIA L CHAYA
Notary Public
r-am RW-08 Rev.+a��-zooe Copy�M(e)2005 tam sonware omy rreo�acw�m GrouP,tnc. PENN TWP.,PERRY.COUNTY
My Commissiow Expires Kov 49,2016
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RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of A�lene M.Gross , Deceased
�� John 1fli.�ross,Jr. in my�pacity/re!ationshir��s
Spouse of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Brian J.Gross
�� � �7 � ��� ``�� '"` . �h �� �' -
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��re� �S`°"e`"re� John W.Gross,Jr.
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� `r' ��� 406 Allendale Wav
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E§�"ecuted�i�Registers O�ce Executed out of Register's Offrce
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
that he or she executed the renun iation for the
of , . purposes stated within on this � day
of �' f' r�U/y .
�
Depury for Register of Wills Nota Public
My Commission Expires: li/j�/dp��
(Signatura end seal of Notary or othar otfidalquaUNed lo
adminiatar osths. Show tlate of ezp'ustion of Notar�Is canmiselon.)
COMMDNN►EALTH OF PENNSVLVMMA
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N0�11RlA►L SEAL
CYNTHIA L CHAIIA
Notary Publi�
PENN TWP.,PEAtiY.CDONTY
Form RW-06 Rav.10.13-2006 CopydpM(c)Z008 fwm sotlwara only Tha Leckner Group,Inc. My CO(11rt11S510p EXpIfBS NOV Y9,2�1 f)