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HomeMy WebLinkAbout06-02-15 Reset 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: Virginia L.Calabrese File No: a - �5 l�Lk-) a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 21MAY2015 Age at death: 89 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 418 East Elmwood Avenue,Mechanicsburg,PA 17055,Upper Allen Township,Cumberland County Street address,Post Office and Zip Code City,Township or Borough County Decedent died at same as principal address 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 $ 1,100,000.00 If not domiciled in Pennsylvania. .... ................. .. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .... ................... Personal property in County $ Value of real estate in Pennsylvania.................................. ....................... $ 1.00 TOTAL ESTIMATED VALUE. ... $ 1.100.001.00 Real estate in Pennsylvania situated at: same as principal address (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County 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 07FEB2012 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,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 0 EXCEPTIONS rI 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. C)NO EXCEPTIONS C)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 C rn c_ C7 Q Cny 'TJ rtY .r ►—� r-- rrn Cn cn Q Form RW-02 rev. 10/1112011 1-- Page 1'of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Stewart W.Byers 8 Sunset Ct.Dillsburg,PA 17019 Joseph A.Calabrese II 57 West Vine Street Shiresmanstown,PA 1.7011 Jennifer C.Danko 1303 Nicole Lane Glen Burnie,MD 21061 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the fore oing 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, will well and truly administer the estate according to law. Sworn to or affirmed apd subscribed before Date 0( me this_L_day of Date lJllj By: Date For a Register Date BOND Required: 0 YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ O Attorney Signature: ( 25 ) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . tom- _ tT�t C ( )Affidavit(s).. . . . . . . . . . . �. P C, Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court Fri � Othe . . . . . . . ID Number: s C < r . . . . . . . Firm Name: . . . . . . . . 1 Address: t '•# ' C . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of Virginia L.Calabrese File No: a/k/a: AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to r - . (fin Q , in the above estate and(if applicable)that the instrument(s) dated e a`-7 -701 2 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. " on A-C,&I,� Register of Wills pk r Form RW-02 rev. 10/l1/2011 Page 2 of 2 !V tin 7 fel © � LAST WILL AND TESTAMENT OF VIRGINIA L. CALABRESE ti. F­ KNOW KNOW ALL MEN BY THESE PRESENTS, that I, VIRGINIA L. CALABFFSE,,, c > presently residing in Upper Allen Township, Cumberland County, Pennsylvania, being in"good health and of sound and disposing memory, do hereby make, declare, and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me at any time. PAYMENT OF EXPENSES 1. Payment of Expenses. I direct that my Executors, hereinafter named, shall have the power, but not the duty, to pay all my just debts, expenses of my last illness and funeral expenses from my estate as soon after my decease as shall be found convenient. GIFTS 11. Personal and Household Effects. a. I bequeath my dining room set to my granddaughter, Christina M. Murray. b. I may leave a memorandum setting forth suggestions as to the distribution of certain items and, while the memorandum is not to be legally binding, I hope the suggestions in it will be carried out. c. I bequeath my household and personal effects and other tangible personalty of like nature (not including cash or securities and excluding those items set forth in Paragraph II.a. above) together with any existing insurance thereon, to Joseph Calabrese, my son; Michelle Koons, my daughter; Jennifer Danko, my granddaughter; and Christina M. Murray, my granddaughter, to be divided among them by my Executors with due regard for their personal preferences. I suggest, but do not require, that any such personal property by divided as follows: each of my children and the above-named grandchildren may select one item, in rotation, with order to be determined by lot, until such time as the named beneficiaries make no further selections. Any household and personal effects and other tangible personal property not selected by the named -1- individuals shall be distributed to Rev. Chester Snyder, currently pastor of St. Joseph Roman Catholic Church,Mechanicsburg, Cumberland County, Pennsylvania. I direct that the expense of packing, shipping, insuring and delivering any such property to a beneficiary entitled thereto shall be paid by my Co-Executors as an administrative expense of my Estate. III. Gift of Real Estate. I give my real estate known and numbered as 418 East Elmwood Avenue, Upper Allen Township, Cumberland County, Pennsylvania, with the building erected thereon to Reverend Chester Snyder, currently the pastor of Saint Joseph Parish, Mechanicsburg, Diocese of Harrisburg, Pennsylvania. IV. Residuary. Ems. a. I give Two and one-half(2 1/2 %)per cent of the net value of the residue of my estate to St. Joseph School, Mechanicsburg, Cumberland County, Pennsylvania to be used for tuition assistance. b. I give the rest, residue and remainder of my property in six equal shares: one share for my son, Joseph Calabrese; one share for the children of my son, Joseph; one share for my daughter, Michelle Koons; one share for the children of my daughter, Michelle; one share for my granddaughter, Jennifer Danko; and one share for my granddaughter, Christina M. Murray. If Joseph, Michelle or any of their children have predeceased me, their respective share shall be paid to their issue, per stirpes, but in default thereof, to my issue, per stirpes. If Jennifer or Christina predecease me, the respective share shall be paid to their issue,per stirpes, but in default thereof,to whichever of them survives. V. Power of Appointment. No provision of this Will shall exercise any power of appointment I may have. FIDUCIARIES VI. Executors. I hereby nominate, constitute and appoint my granddaughter, JENNIFER DANKO, my grandson, STEWART BYERS and my grandson, JOSEPH CALABRESE.-JR., as Executors of this,my Last Will and Testament. If any of thein shall predecease me, or be unwilling or unable to act as Executor, then the others shall serve as Executors. VII. Bond. No Executors shall be required to give bond. c (/ -2- ADMINISTRATIVE PROVISIONS VIII. Protective Provisions. To the extent permitted by law,the interest of beneficiaries in principal or income shall not be subject to the claims of their creditors and others, nor to legal process, and shall not be voluntarily or involuntarily alienated or encumbered, except that nothing in this article shall preclude the assignment of all or any part of a beneficiary's interest to his/her descendants. Further, exceptions may be made if my Executors approve. IX.Management Provisions. My Executors shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: A. Sell/Lease. To sell at public or private sale, exchange, lease, mortgage or pledge any property. real or persenut., at any time, subject, however, to the Bequest in Paragraph III of this Will and upon such terms and conditions as they shah deem wise. B. Retain/Invest. To retain and to invest in all forms of real and personal property, including common trust funds, mutual funds and money market deposit accounts regardless of any limitations imposed by law on investments by executors, or any principle of law concerning investment diversification. C. Title to Property. To cause any security or other property which may constitute a portion of my Estate to be issued, held or registered in their own names, or in the name of a nominee, or in such form that title will pass by delivery. D. Capital Changes. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executors is necessary to obtain the benefit of any such .reorganization., consolidation, readjustment or sale; to exercise any conversion privilege or sulssc,iption right given to them as the owner of any securities constituting a portion of my Estate; to accept and hold as a portion of my Estate securities resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. E. Expense of Estate. To pay all costs, taxes, charges and expenses in connection with the administration of my Estate. -3- F. Allocate. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executors may determine. G. Borrow. To borrow money from any person, firm or corporation, for the purpose of protecting and preserving or improving my Estate hereunder; and to execute promissory notes or other obligations for amounts so borrowed. H. Collection of Debts. To enforce and collect such debts as are owed to me by family members at the time of my death. TAX PROVISIONS X. Death Taxes. I direct that all transfer and inheritance taxes, state or Federal assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executors pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executors deem best. XI. Tax Options: I authorize my Executors to exercise any options available in determining and paying death taxes in my estate. OTHER PROVISIONS XII. In Terrorem Clause. If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries, without probable cause, such beneficiary shall pay all costs, including but not limited to attorneys fees, arising in connection with such contest, attack or objection incurred by my estate, or.such fiduciary personalhT.. Ir-, the event 'LL-a-, Such be lefic ialy does not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary or remainderman under this Will shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting beneficiary or remainderman had predeceased me without surviving issue. Jl— -4- IN WITNESS WHEREOF, I, VIRGINIA L. CALABRESE, the Testatrix of this, my Last Will and Testament, typewritten on five (5) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the '� day of 2012. (SEAL) 4'G-IMA L. CALABRESE The preceding instrument consisting of this and four (4) other typewritten pages, each identified by the signature of the Testatrix, VIRGINIA L. CALABRESE, was on this day and date thereof signed, published and declared by VIRGINIA L. CALABRESE, the Testatrix therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. v -5- COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND I, VIRGINIA L. CALABRESE, Testatrix, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes chereir. expressed. 'M CWA L. CALABRESE Sworn or affirmed to and acknowledged before me, by VIRGINIA L. CALABRESE, the Testatrix,this 7 day of �6juU�y ; 2012. NotdryeUlic mom �ORM�W►PEII�IM11{r�Iws rlW►� ' � . CAMP Rpt WO,CUM9EJUIIMO ONO MY COMMISSION D(PIRm KK 21.2016 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND We 7kn,, ,V 4-bow , 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 VIRGINIA L. CALABRESE sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. c. Sworn or affirmed o and subscribed to before me by ©M�s �• —rr and witnesses this 71'4• day of AblUq , 2012. ,c owl �, ogne/l No ary P 110TAWK �OIN►l.COPPERS�N.N01M� �1 CAMP NIL!NORO.CIS OOUM1r i MY COMMISSION EXPIRES NINE 21.2016-