HomeMy WebLinkAbout08-01-05
PETITION FOR GRANT OF LETTERS
Emffiern. John J. Tam~~avage, Sr.
No.
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also known as
, Deceased-
Social Security No..1 94-1 2-6365
John J. Tamalavage, Jr.
Petitloner(s), who is/are 16 years of age or older, apply)ies) for:
(COMPLETE "A" OR "B" BELOW:)
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A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
Decedent, dated Jul y 25, 2002 and codicil(s) dates
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of e){ecutoc, et<::
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
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8. Grant of Letters of Administration
(c.l.e" d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate}
Petitioner(s) after a proper search has!have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship o Residenc~ I
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(COMPLETE IN ALL CASES:} Attach addijional sheets if necessary. W
Decedent was domiciled at death in Cumber land County. Pennsylvania, with his/her last family or principal
residence at 802 Cocklin st" Mechanicsburq. PA 17055
(list street, number and municipality)
yearsofage,died July 19 .J1:1J200.~t Holy Spirit Hospital, Camp
(Location}
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Decedent, then 8 1
Hill,
PA
Decedent at death owned property with estimated values as follows:
(ndomiciled in PA Ail personai property......................................... $ 30.000.00
(if not domiciled in PA Personal property in Pennsylvania .................... $
(if not domiciled in PA Personal property in County.............................. $
Value of reaf estate In Pennsylvania .............._......................................................................... $
Total ..................................................................................................................... $ 30, 000.00
Real Estate situated as follows:
Wherefor, Petitloner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Typed or printed name and residence
John J. Tamalavage, Jr.
Commonwealth of Pennsylvania ...,
County of 0 g =
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The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the fOreg~,~etiti~are ~
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representati~W of ~ _,.! ;::fi
Decedent, Petitiol\er(s) will well and truly administer the estate according to law. J,';:: <..D ~; ?;
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Oath of Personal Representative
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Sworn to and affirmed and subscribed
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before me this ~ -\
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Estate of
DECREE OF REGISTER
John J. Tamalavage, Sr.
Deceased
No. ":l.' - ~ OS - t.., 'I (",
also known as
Social Security No:. 194-12-6365 Date of Death:. July 19, 2005
AND NOW, -:s"...",' ~ I),. , '~.$~~S ,)e _ , in consideration of the Petition on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters Iia Testamentary a of Administration
are hereby granted to
((c.t.a., d.b.n.c.l.; pendente lite; durante absentla; durante minoriate)
John J. Tamalavage, Jr.
in the above estate and that the instrument(s), if any, dated July 25, 2002
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ....................................
Short Certificates(s) ....~........
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Extra Pages (
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JCP Fee .................................
Inventory ................................
Other ......~~~...5~.~........
TOTAL .............................$
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Attorney: Thomas, R. Mark
1.0. No: 41301
Address: 101 S. Market Street
Mechanicsburg
PA 17055
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Telephone: 717 796-2100
DATE FILED:
HI05805.[VI105 ).\-~S- Co,1.,
This is to certify that the information here given is correctly copied from an original certificate of death dl!ly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent tiling.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Lll779768
No.
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Local 1 slrar ,
Fee for this certificate. $6.00
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEAL TIt . VITAL RECORDS
CERTIFICATE OF DEATH
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NAME OF Of CEDENT (FQl, Middle, ~l
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SOCIAl SECURITY NUMBeR
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OECEOENTS USUAl OCCUPATION
802 CbCklin street
" Mechanicsburg. PA 17055
".THERS NAME i"inI. MiddlI. Lasl)
1. JoIm J. 'J'aIUJIavage
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2Oa. Mildred M. Tamalava
METHOD OF DISPOSITION
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MOTHER'S NAME IFPI. MicIch. t.Iald8n Sumam.)
11. M~ Powell
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LAST WILL AND TESTAMENT
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BE IT REMEMBERED THAT
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I, JOHN J. TAMALA V AGE, SR., a resident of Cumberland County, Pennsylvirllia,
being of sound and disposing mind, memory and understanding, do make, publish and declare
this to be my LAST WILL and TESTAMENT, hereby revoking any and all Wills and
Codicils previously made by me.
I
I declare that I am married to MILDRED M. TAMALA V AGE, and that I have two
(2) children, JOHN J. TAMALA V AGE, JR., and JUDITH REMISZEWSKI.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary
estate as soon as practicable after my decease.
III
I direct that all taxes that may be assessed in consequence of my death, of whatever
nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part
of the expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or personal, wherever situate,
including any property over which I may have a power of appointment to my wife,
MILDRED M. TAMALA V AGE provided that she survives me by thirty (30) days.
V
Ifmy wife, MILDRED M. TAMALAVAGE, shall predecease or fail to survive me by
thirty (30) days, I hereby make the following specific bequests:
1. To my granddaughter, JILL REMISZEWSKI, I give twenty-five thousand
($25,000.00) dollars;
2. To my grandson, JASON REMISZEWSKI, I give twenty-five thousand
($25,000.00) dollars; and
3. To my granddaughter, ANNE TAMALA V AGE, I give twenty-five thousand
($25,000.00) dollars. If ANNE TAMALA V AGE is under the age of twenty-one (21)
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years, her inheritance, whether by specific bequest or per stirpes, shall be administered
pursuant to the terms of the hereinafter included Trust.
VI
In the event that my wife, MILDRED M. TAMALAVAGE, has predeceased me or
failed to survive me by thirty (30) days, and the specific bequests above have been distributed,
then I give, devise and bequeath all the rest, residue and remainder of my property, whether
real or personal, wherever situate, including any property over which I may have a power of
appointment, to my children, JOHN JAMES TAMALAVAGE, JR. and JUDITH
REMISZEWSKI, in equal shares, per stirpes.
VII
TRUST
In the event that I have any beneficiary who is under the age of twenty-one (21) years
who survive me, I appoint my son, JOHN J. TAMALA V AGE, JR. as Trustee of the property
that I have given to my beneficiary. If JOHN J. TAMALA V AGE, JR. is unable or unwilling
to act as Trustee, then I appoint my daughter-in law, RITA T AMALA V AGE as Trustee.
A. The assets that are transferred to the Trust shall be held by the Trustee under the
terms of this Trust until the beneficiary attains the age of twenty-one (21) years.
B. The Trust estate shall be administered until the beneficiary reaches the age of
twenty-one (21) years. Until that time, the Trustee shall apply all net income and principal of
the Trust estate as follows:
I) So long as my beneficiary is under the age of twenty-one (21)
years of age, the net income of the Trust shall be paid to, or
applied for the benefit of my beneficiary at such times and in
such amounts as the Trustee shall in his discretion deem
necessary for his support, welfare, maintenance and education.
Education shall be defined broadly to include not only that
available in college, but also trade school and other similar
training. In the event that the income shall be insufficient to
provide my beneficiary with adequate maintenance, support,
welfare or education, the Trustee may invade the principal of
this Trust for this purpose.
2) The Trustee in exercising his discretionary authority with
respect to the payment of income or principal of the Trust
Estate to my beneficiary, shall take into consideration any
income or other resources available to my beneficiary from
sources outside of this Trust that may be known to the Trustee.
The determination of the Trustee with respect to the necessity
2
of making payments out of income or principal to my
beneficiary shall be conclusive on all persons howsoever
interested in the Trust.
3) The Trustee shall accumulate and add to principal any net
income of the Trust not paid out in accordance with the
discretion hereinabove conferred on the Trustee.
4) In the event my beneficiary predeceases me or dies prior to the
termination of this Trust, the interest of my beneficiary in the
Trust shall cease, except that, if he is survived by any children,
then the Trustee shall pay net income of the Trust to or apply
the same for the benefits of such children of my deceased
beneficiary, in such amount or amounts as the Trustee in his
sole discretion may determine for support, welfare and
maintenance.
C. When my beneficiary reaches the age of twenty-one (21) years, a calculation of the
property remaining in the Trust shall be made and the total thereof shall be distributed to her.
D. My beneficiary of this Trust shall not have any right to alienate, encumber, or
hypothecate her interest in the principal or income of the Trust in any manner, nor shall any
interest be subject to claims of her creditors or liable to attachment, execution or other process
oflaw.
E. In order to carry out the purposes of this Trust established by this Will, the Trustee,
in addition to all other powers granted by this Will, or by law, shall have the following powers
over the Trust estate, subject to any limitation specified elsewhere in this Will:
1) To retain any property received by the Trust estate for as
long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions of this Trust.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and
accounts and shall render statements to my beneficiary
hereunder showing receipts and disbursements of
principal and income no less frequently than annually.
The Trustee shall serve without bond and shall receive
fair and reasonable compensation for administration of
3
this Trust, not to exceed five (5%) percent of annual
mcome.
7) To distribute property in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
distribution of the Trust estate.
VIII
I n~minate, constitute and appoint my son, JOHN J. TAMALAVAGE, JR. as
Executor of this LAST WILL, to serve without bond. If JOHN J. TAMALA V AGE, JR. is
unable or unwilling to act in that capacity, then I nominate, constitute and appoint my
daughter, JUDITH REMISZEWSKI, as Executrix of this LAST WILL, to serve without
bond.
IN WITNESS WHEREOF, I, JOHN J. TAMALAVAGE, SR., have set my hand to this
LAST WILL this ;2$ Y.bday of JK S ' 2002.
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A V AGE, SR.
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Signed, sealed, published and declared by the above-named JOHN J.
TAMALAVAGE, SR., 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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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTYOFCUNffiERLAND
I, JOHN J. TAMALAVAGE, SR., Testator, whose name is signed to the attached
or foregoing instrument, having been du1y qualified according to law, do hereby acknowledge
that I signed and executed the instrument as my LAST WILL; that I signed it as my free and
voluntary act for the purposes therein expressed.
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A V AGE, SR.
Sworn or affumed to and acknowledged before me by JOHN J. TAMALA V AGE, SR.,
Testator, thisdS day of cfu..Lj- ,2002.
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AFFIDAVIT
Notarial Seal
Anne Carmody. Notary Public
_rg Bore. Cumberland COunty
My Commioslon Expi... Expi... Mar. 11. 2006
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUNffiERL~ :
We, ;(l!J1:,J V ~ and H@a-,*~er 72o-t/J(2rmeJ ,
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 Testator sign and
execute the instrument as his LAST WILL; that JOHN J. TAMALAVAGE, SR. signed
willingly and that he executed it as his free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses;
and that to the best of our knowledge, the Testator was at the time 18 years of age or more, of
sound mind and under no constraint or undue inflU~~~
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Sworn or affumed to and acknowledged before me
thiso..$ day of h ,2002.
N~ ~~f!~
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Notarial Seat
Anne Carmody, Notary Public
MechanicSburg 8oro. Cumberland County
My Comml6$ion Expires Expfres Mar. 11. 2006