HomeMy WebLinkAbout04-21-05
PETITION FOR PROBATE llnd GRANT OF LETTERS
Estate ojC')ure.""J:. MGl..5V1f' U;
also known as 5q ""'~
No.
To:
Register of Wills for th] rd
'County of ('.y rn hi.- Q in the
Commonwealth of Pennsylvania
Deceased.
Social Security No. 1130- oq-~II\
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of ar or older ~he execu~l~~ryl1t 1\1. GkMI1 named
in the last will of the above decedent, dated <rf'" do.'1 -;:j'~~.9 ,~~'-I
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in ~Wlb~:::1 QI/\4 CounU' Pennsylvania, with
~~ last family or principal residence at.sq ,,~ odd ~ lAV'<.1 "'5 OVY\{>_
(list street, number and muncipality)
Decendent, then 85 I ~h
at SaY' "'I()
Except as follows, decedent d not marry, was not divorced and did not have a child born or adopted
after execution of the will off;;,red for probate; was not the victim of a killing and was never adjudicated
incompetent: AI" VI" cl- -+ ~ Ah,.,Wl
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Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
,~::!oo<;, ,
$ '/0 000
$
$
$
WHEREFORE, petitioner(s) respectfulIveq est(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters '7 i .
(testamentary; aministration c.La.; administration d.b.D.c.t.a.)
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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The petitioner(s) above-named swear(s) or affirm(s) that 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 represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
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, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
ANGNOW ~,~ G.,u;V!1
u~e reverse side hereof, satisfactory proof having been presented before we,
IT IS DECREED that the instrument(s) dated 10. 14. Nt
described th0eiU ~adm~","d" ~ 'Qt" "",d ~ "" '~"ru' "
and Letters -: ' =
are hereby granted to - \"(\ , ~Q 0 <\l ('--'
)G 05 . in consideration of the petition. on
n ->- . L' FEE~_ l5.0C:>
~<..X'NJ.-T' ~~ qo CO
Probate, Letters, Etc. ......... s '
Short Certificates( ).......... $ IS, OJ
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TOTAL slaq.cD
Filed,... .:t:-.?:.\.-.9?: ..=............
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. Register of Wills ~~
A TIORNEY (Sup. Ct. J.D. No.)
ADDRESS
PHONE
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This is to certifv that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar~ The original certificate will he forwarded to the State Vital Records Office for permanent 'filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
fee for this certificate. $6.00
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PERMANENT
8lACKINK
CERTIFICATE OF DEATH
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS
ST~TE Hie N!!MBlR
MOTHER'S NAME (Fi,st Middle, Maidel\ Surl\ame)
Maria Naccarato
INFORMANrs MAILING ADDRESS (StrGel, CUyfTowl\, St~le, Zip Code)
201>, 13 Oak Lane Mechanic bur
PLACE OF DISPOSlTION. Neme of Cemeler}', C,ematory lOCATION CltylTowl\. State, Z,p Code
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female
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PLACEOFD ATI-I
HOSPITAl
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FI\CILlTY NI\ME (If nol inslilulion, g;va suaat and nl>""oor)
85
BIRTHPL.ACE {City and
SMeo,Fo,eignCounlr}')
t;ta:tarooras, PA
Yrs
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COUNTY OF DEATH
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Cumberland
Carlisle
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DECEDENrSUSUALOCCUPATION
KIND OF BUSINESS I iNDUSTRY
AS DECEDENT EVER IN
U.S. ARMED FORCESl
YesO Nl>1KJ
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17a_Slale PA
(~:'::,:;~o!",-:,~,,;:o"~':':~,':<I)t
1,.. Supervisor l1b_ telephone
DECEDENrSMIIllINGADDRESS(Strael.CilyfTown.SWa,Zi;>Code)
208 Senate Ave.
Apartment 318
17b,Counlv
Cumberland
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SOCIAL SECURITY NUM8ER
DATEOFDEATH(M""lh,Day, Yea,}
.A i1 16 2005
3. 180
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09 - 5210
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SURVIVING SPOUSE
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MARITAL STATUS - MaJTiad
Na"er Mam..d. WOdowed.
Di\lorcO>d(Spedfov)
14. never married
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LICENSE NUM8ER
22bOl1667 L
21C,Resurrection Cemete
21d_W. Hanover Tw. PA
NAME AND ADDRESS OF FACILITY 8 Mark t PI
2Hal zzi Funeral Home ~ aza Way
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(Monlh.Day, Year)
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WAS CASE REFERRED TO A MEDICAL EXAMINER IC ONER?
26 Ye.D NO~
27, PART J: ~~~:,,~.o::::':~ :~".:~ -:,,:ompuooooo. ..hleh oo~..d tho ...."', 000010"'.,,". modo of ~I.$, ..0"', eo<.l.. 0' rupl,o"')' ."..l, '''0'' 0' ",..11"'.'0 :App'wti/nllla PART
U: 011191 sign;focam coJKlitior1s COI\IAOl>ting to daalll. but
: InleNalbatween notre.uhing in Iheul\dertylng cause given in PART I
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WERE AUTOPSY FINDING$
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COMPLETION OF CAUSE
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MANNER OF DEATH
DATE OF INJURY
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PLACE OF IN,JURY
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CERTIFIER (Check ooIyooe)
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'PRONOUNCtNG AND CERTIFYING PHYSlCI...N (Phy.ician l>olh pronouncin9 dealh and c-..nifyin9 I" Cd""" "I d~alh)
To lh. b...1 of my knowl.dg., d...11I occu,-.-.d at III. lime. dat.. .nd pl.c.. and due to lh. cau.H(.I.nd mann.r... .tat.d.
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.MEDICAl EXAMINER/CORONER.
On Ih. 1>...). of ..amln.lion al\d/Of Inv..U\jaUon, In my opinion, "._Ih o<:curr.d al III. 11m., dal., and piau, .nd due I" U,. oau...(.) .nd
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REGIST~S SIGNATURE AND NUMBER
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LlCENSENUM8ER
TIME OF INJURY
INJURY AT WORK? DESCRl8E HOW INJURY OCCURRED
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Alhoma.la,m, stree!, lactory. office
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SIGNAWE AND TITlE OF CERTIFIER
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LICENSE NUMBER DATE SIGNED (Mon~l, Day. Ye"'~
31c. "'""'0 Ol\::a~"'l~ 31d. ~f'(l.'l.. l~. :;\.~~
NAME ANO ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH
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DATEFILED(Mooll1,Oay, Yea,}
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LAST WILL AND TESTAMENT
OF
CLARE J. MAGNELLI
I, CLARE J. MAGNELLI, now of 208 Senate Avenue, Apartment #318, Camp Hill,
Cumberland County, Pennsylvania 17011, do publish and declare this to be my Last Will and
Testament, hereby revoking all other prior wills and codicils made by me.
FIRST: Familv Backeround and Aooointment of Executor.
(A) Familv and Backeround Information. I am not married, and I have no children.
'- ,
(B) Aooointment of Executor. I appoint my niece, KATHRYNE M. GLENN, to act
as Executrix under this Will. If she predeceases me, becomes incapacitated, resigns or does not
complete the duties of Executrix, then I appoint my niece, ANNA MARIE STRANGES, to act as
my Successor Executrix. The aforenamed persons are all hereinafter referred to as "Executor" or
"Executors", and they shall serve without bond and without being required to account to any court.
SECOND: Funeral and Last Urness Exoenses: Taxes.
(A) Exoenses of Funeral and Last Illness. I direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy,
transfer and other death taxes or duties, by whatever name called, including any and all interest and
penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will, out of my residuary estate, without being prorated
or apportioned among or charged against the respective devisees, legatees, beneficiaries, transferees
or other recipients of any such property or charged against any property passing or which may have
passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any
such taxes from any such person.
THIRD: Tanl:ible Personal Prooertv. Except for those items excluded below and those
items enumerated in the Letter of Instruction, I direct that all of my tangible personal property,
including but not limited to clothing, jewelry, furniture, household furnishings, household goods,
personal effects, motor vehicles and all other similar articles which I own, and the insurance thereon,
shall be sold in the sole discretion of my Executor and that the net proceeds therefrom shall be added
to the residue of my estate. Tangible personal property shall not include: (I) any and all property
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LAST WILL AND TESTAMENT
OF
CLARE J. MAGNELLI
PAGE 2
used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any
type of evidence of indebtedness and (5) any life, health or accident insurance policies.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated
and unsigned Letter ofInstruction, which I shall place with this Will, containing directions as to the
ultimate disposition of certain ofthe property bequeathed under this Article THIRD, and such Letter
of Instruction shall determine the distribution of such items.
FOURTH: [This article has been intentionally left blank.)
FIFTH: Residuary Estate.
(A) I give, devise and bequeath all the rest, residue and remainder of my estate, of every
kind and character, real, personal and mixed, tangible and intangible, and wherever situated,
including any lapsed or renounced legacies, devises or residuary bequests and any property over
which I may have a power of appointment, in equal shares to the following persons:
(1) My niece, KATHRYNE M. GLENN.
(2) My niece, ANNA MARIE STRANGES.
(3) My niece, THERESA LaTORRE.
(4) My nephew, FAUST LaTORRE.
(5) My nephew, ANTHONY MAGNELLI.
(6) My nephew, MICHAEL JOSEPH MAGNELLI.
(7) My nephew, DAVID MAGNELLI.
(8) My nephew, HARRY ARNOLD, JR.
(9) My niece, NANCY DAVIS.
If my niece, ANNA MARIE STRANGES, does not survive me, then her share of my estate shall
be distributed to her daughter, T ANY A STRANGES, if she survives me. Otherwise, the share of
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LAST WILL AND TESTAMENT
OF
CLARE J. MAGNELLI
PAGE 3
any beneficiary who does not survive me shall lapse, and the entire estate shall be distributed in
equal shares to those beneficiaries who survive me.
(B) Prior to final distribution of my estate, the Executor, in his discretion, may make
partial distributions to one or more beneficiaries. A distribution may be made subject to any
indebtedness or liability of my estate.
SIXTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his interest in the estate in any manner other than by the valid exercise of a
power of appointment. No part of the estate shall be liable for or charged with any debts, contracts,
liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a
beneficiary.
SEVENTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the estate and shall be vested
with the following specific powers and discretion, in addition to the powers as may be generally
conferred from time to time upon him by law:
(A) In the management, care and disposition of the estate, the Executor shall have the
power to do all things and to execute such deeds and instruments as may be deemed necessary or
proper, including the following powers, all of which may be exercised without order of or report to
any court:
(1) To sell, exchange or otherwise dispose of any property, real, personal or
mixed, at any time held or acquired hereunder, at public or private sale, for cash or on terms,
without advertisement, including the right to lease for any term notwithstanding the period
of the estate, and to grant options, including any option for a period beyond the duration of
the estate.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes,
choses in action, real estate or improvements thereon, and any other propertY as the Executor
may deem best, without regard to any law now or hereafter enforced limiting investments of
fiduciaries.
(3)
To retain for investment any property deposited with the Executor hereunder.
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LAST WILL AND TESTAMENT
OF
CLARE J. MAGNELLI
PAGE 4
(4) To vote in person or by proxy any corporate stock or other security and to
agree to or take any other action in regard to any reorganization, merger, consolidation,
liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or
other security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for their
servIces.
(6) To compromise, settle or adjust any claim or demand by or against the estate
and to agree to any rescission or modification of any contract or agreement affecting the
estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure the
same by mortgaging, pledging or conveying any property of the estate, including the power
to borrow at a reasonable rate of interest.
(8) To retain and carry on any business in which the estate may acquire an
interest, to acquire additional interest in any such business, to agree to the liquidation in kind
of any corporation in which the estate may have an interest and to carry on the business
thereof, to join with other owners in adopting any form of management for any business or
property in which the estate may have an interest, to become or remain a partner, general or
limited, in regard to any such business or property and to hold the stock or other securities
as an investment, and to employ agents and confer on them authority to manage and operate
the business, property or corporation, without liability for the acts of such agent or for any
loss, liability or indebtedness of such business ifthe management is selected or retained with
reasonable care.
(9) To register any stock, bond or other security in the name of a nominee,
without the addition of words indicating that such security is held in a fiduciary capacity, but
accurate records shall be maintained showing that such security is an estate asset, and the
Executor shall be responsible for the acts of such nominee.
(B) In making distributions from the estate to or for the benefit of any person under a
legal disability, the Executor need not require the appointment of a guardian, but shall be authorized
to payor deliver the same to the custodian of such person, to payor deliver the same to such person
without the intervention of a guardian, to payor deliver the same to a legal guardian of such person
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LAST WILL AND TEST AMENT
OF
CLARE J. MAGNELLI
PAGES
if one has already been appointed, or to use the same for the benefit of such person.
(C) In the disbursement of the estate and any division into separate shares, the Executor
shall be authorized to make the distribution and division in money or in kind, or both, regardless of
the basis for income tax purposes of any property distributed or divided in kind, and the distribution
and division made and the values established by the Executor shall be binding and conclusive on all
persons taking hereunder. The Executor may in making such distribution or division allot undivided
interests in the same property to several shares.
(0) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
equitable and fair under all circumstances, including the power to amortize or fail to amortize any
part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity
or sale of any asset, whether purchased at a premium or at a discount, as income or principal or
apportion the same between income and principal, to apportion the sales price of any asset between
income and principal, to treat any dividend or other distribution of any investment as income or
principal, or apportion the same between income and principal, to charge any expense against
income or principal or apportion the same, and to provide or fail to provide a reasonable reserve
against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the
Executor may reasonably deem equitable and just under all the circumstances.
EIGHTH: Ril!hts and Liabilities of Executor. No bond or other security shall be required
of the Executor. This instrument shall always be construed in favor of the validity of any act or
omission by the Executor, and the Executor shall not be liable for any act or omission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any
investment, the overall performance of the entire estate shall be taken into account. The Executor
shall be entitled to receive reasonable compensation for services actually rendered to my estate.
NINTH: Tax Elections. In determining the estate, inheritance and income tax liability
relating to my estate, the Executor's decision as to all available tax elections shall be conclusive on
all concerned. In accordance with Internal Revenue Code g2632(a) (or its successor provisions) and
without regard to whether a federal estate tax return is actually filed, the Executor shall allocate so
much of the federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any
generation skipping transfer which may occur under this Will.
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LAST WILL AND TEST AMENT
OF
CLARE J. MAGNELLI
PAGE 6
TENTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Other terms. The use of any gender includes the other gender, and the use of either
the singular or the plural includes the other.
(C) Captions. The captions set forth in this Will at the beginning of the various divisions
hereof are for convenience of reference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(0) Powers of Appointment. By this Will, I exercise any powers of appointment which
I possess at the time of my death.
IN WITNESS WHEREOF, I, CLARE J. MAGNELLI, the Testatrix, have to this my Last
Will and Testament, typewritten on seven (7) pages, including the Acknowledgment and Affidavit,
set my hand and seal this 14th day of June, 2004.
c~1~
CLARE J. MKGNEL
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence ofthe said Testatrix, and in the presence of each other. Each of us
further declares that he believes the Testatrix to be of sound mind and memory. The preceding
instrument consists of this and six (6) other consecutively numbered typewritten pages including the
Acknowledgment and Affidavit.
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hhJh~.Me r
residing at -11.. ~ )?\Ci........c"- S~ P A
J:::1.-. d.:: fif_
(print name)
~./c1 ""jJc~ residing at "BOIUtJ~ SpilNlyS fA
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CA\R..O!-- J.-. FMI\JI<..LAt0D
(print name)
ACKNOWLEDGMENT AND AFFIDAVIT
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix signed and executed the instrument
as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed
another to sign it for her; that she executed it as her free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testatrix sign and execute the
instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix
signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
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<testatrix
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Witness
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Witness
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the 14th day of June, 2004, before me, a Notary Public, the undersigned officer,
personally appeared MARK E. HALBRUNER, known to me or satisfactorily proven to be a
member ofthe bar of the highest court of Pennsylvania, and certified that he was personally present
when the foregoing acknowledgment and affidavit were signed by the Testatrix and witnesses.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
atZu';;;t ~bkfh/
Notary Public .'
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Traci L. Sepkovic, Notary Public
LeMoyne Boro, Cumberland County
My Commission Expires Mar. 18, 2008
Member, Pennsylvania Association of Notaries