HomeMy WebLinkAbout05-22-05
'"
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Gertrude A. Deluca
also known as
No. 21-05- g SI
, Deceased
Social Security No. 188-14-0088
Richard R. Deluca
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 10/28/1992 and codicils dated
N/A
Executor
named in the last Will of
State relevant circumstances, e.g., renunciation, death of executor, etc.
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 incompetent:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate)
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:
I Name Relationship Residence I
,
,
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsyivania with hislher family
or principal residence at 5225 Wilson Lane, Mechanicsburg, PA 17055
(list street, number, and municipality)
Decedent, then 84
years of age, died 09/11/2005
at Lower Allen Township, Cumberland County, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(if not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
(Location)
$
$
$
$
640,000.00
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the iast 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 re~idence "'.)
Richard R. Deluca 310 W. Court\<lnd Street.'
Shiremanstown, PA 170i1
717-737-2387
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
.. .
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true
and correct \0 the best of the knowledge and belief of Petitioner(s) and that, as personai representative(s) of
the Decedent, Petitioner(s) wili well and truly administer the est~. '/ &.
Sworn to or affirmed and subscribed ~ ~
1 Richard R. Deluca
"'\"'vl'-
before me this .'J',J day of
~.
y
21-05-
I -,J
-;.
Soclai Security No: 188-14-0088 Date of Death: 09/11/2005
AND NOW, i Ju.J.- ~l ilL'{ Gi i J (' J ..~)~ /;/, /J J (H '-' "ft)'')" , in consideflltion
C)
of the Petition on the reverse side hereon, satisfactory proof having been presented before me, C
IT IS DECREED that Letters ~Testamentary Oof Administration
aiso known as
, -'-'
Gertrude A. Deluca
, Deceased
Estate of
(c.t.a.; d.b.n.c.t.a.; pendente lite: durante absentia; durante minoritate)
are hereby granted to Richard R. Deluca, Executor
in the above estate and that the instrument(s) dated
10/28/1992
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
Letters...................~.~.~~..........$ 0(/ )( ({~, ~ i A (/1 k 2/ Vi j I'-L( ~ i~ )
~ ~9~telOf Wir "\11 J L ,g. / .z(
Short Certificate(s)......................$ L.f lLJ' (tl {ji- ../ / ~.t': j
Renunciation ......... ...... .......... ...... $
Affidavits ( )..........................$
Extra Pages ( )......................$
I.D. No: 19475
Bogar & Hipp Law Offices
Address: One West Main Street
Codicil........ ................................$
Shiremanstown, PA 17011
JCP Fee.... .................................$
Telephone1 717-737-8761
Inventory...................... ............... $
E-Mail:
O\her..............................._...........$
TOTAL............................ $
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc
Form RW-1(1991)
fl1(i~,'1:! HEV 1 n,c;
'FEE iOR -:-HIS
r.FRTIF'CA TE SCOO)
WARNING: IT IS ILLEGAL TO ALTER THIS COpy OR
TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH.
COMMONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF HEALTH VITAL RECORDS
os - 2551
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
Part I:
'/
;'"',1
I~".)
CERT. NO.
T5924D74
'(/'-4.:1)0"
! " ~:~ ''-
-Date of l~sl)e bl This l~~"
/"
II"') .."
~---'f--i' /> ~ l
-X;i;.J ('- i
,L."....
-, _!
in
Co,)
0:>
Sex
Date of Birth
Race
(a)
:if.
U r
a~Hr~~- ... -..-..
(b)_
-------,----- ---_._-'~-- ---~--~
(c)
-----",~-,- ,~-~-, ------ -~--+-----~ ~~---------- '-'-
(d) ______
Part II: Other Significant Conditions
---_,____'_'n_ ___.____',________ '________ +--___~" ___
,
,
Manner of Death
Natural ~
Accident 0
Describe how injury occurred:
ilomicide
Pending Investigation
Could not be Determined
----,-,- ~--~"'-,,-----,-
!__J
Suicide
Address ..
Name and Title of Certifier_
JO 1)
~(~-
1A /_..__.._
This is to certify that the information here given I carr ctly copied from an
of death duly filed with me as Local Registrar. T e
State Vital Records Office for permanent filing
.. q- /5-Joo5
DClI~ q0:;C' VH1 Ci'/ ~ 'Xi',1 ::r~"_I",I!<lr
\
, "-.!
"'"'. '<
-'"'\
I" \\
;" .
~'\
I.
\,',
".
J
~.
-i
"
, k~
\ "I{
.' '
1ECl.Gt llIill ClUO QfCst&ttlcnt
,
.,
OF
'-'. '~
,)
GERTRUDE A. DELUCA
I, GERTRUDE A. DELUCA, of Lower Allen Township, Cumber~;
(..,::...
land County, Pennsylvania, make, publish and declare this as and
for my Last will and Testament, hereby revoking all other wills
and Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, as follows:
(A) Forty (40%) percent thereof to my son, RICHARD R.
DELUCA.
(B) Fifteen (15%) percent thereof to my grandson,
CHRISTOPHER L. DELUCA.
(C) Fifteen (15%) percent thereof to my granddaughter,
SHAWN M. DELUCA.
(D) Fifteen (15%) percent thereof to my grandson,
ANTHONY R. DELUCA.
(E) Fifteen (15%) percent thereof to my grandson, ADAM
R. DELUCA.
SECOND: If RICHARD R. DELUCA, predeceases me, I devise
and bequeath his share or shares under this, my Last Will and
Testament, in equal shares, to CHRISTOPHER L. DELUCA, SHAWN M.
DELUCA, ANTHONY R. DELUCA and ADAM R. DELUCA. If either
CHRISTOPHER L. DELUCA or SHAWN M. DELUCA predecease me, I direct
that their share or shares pass to their issue per stirpes by
repres.;mtation, arId if there be Cl failure of t5ame, then I give and
bequeath such deceased grandchild's share to his or her surviving
brother or sister or said brother's or sister's issue per stirpes
by representation. If either ANTHONY R. DELUCA or ADAM R. DELUCA
predecease me, I direct that their share or shares pass to their
issue per stirpes by representation, and if there be a failure of
same, then I give and bequeath such deceased grandchild's share to
~
~
~
~ ~
~~
~ -
'\
'~
.. .'
. .
his surviving brother or said brother's issue per stirpes by
representation.
THIRD: Should any of my grandchildren not have attained
the age of twenty-one (21) years at the time for distribution to
him, I give, devise and bequeath the share of such grandchild to
my hereinafter named Trustee or Trustees, IN SEPARATE TRUSTS, to
hold, manage, invest and reinvest the shares so received, and to
use and apply from time to time such portion of income and prin-
cipal for the said grandchild's education (including college,
trade school or other similar training or education), as my
Trustee or Trustees, in their sole discretion, deem advisable.
Any income or principal not so applied shall be dis-
tributed to each grandchild when he attains the age of twenty-one
(21) years. In the event any grandchild dies prior to the
termination of this Trust, the interest of said grandchild in said
Trust shall cease with any income and principal passing as set
forth in Clause SECOND hereinabove. If, however, said grandchild
is survived by any children that are under the age of twenty-one
(21) years, my Trustee or Trustees shall pay net income of the
Trust to or apply the same for the benefit of such children of my
deceased grandchild, in such amount or amounts as my Trustee or
Trustees, in their sole discretion, deem advisable for the
education of said children. Any income or principal not so
applied shall be distributed when such children of my deceased
~
~
grandchild attain the age of twenty-one (21) years.
FOURTH: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all property,
exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease, for
any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
2
'i'J
\
~
\
~".
~"\
\ .
~
\
,'>/
~
'-(
~
'"<'-
~. ....~~
'''',
,
. ~ , . .
such terms (including credit, with or without security) or condi-
tions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and to
receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate and
to enter into agreements concerning the partition, subdivision,
improvement, zoning or management of real estate and to impose or
extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilage given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee stock
ownership plan, or any other type of qualified plan) to the extent
the plan or the law permits them to do so, and to exercise any
other rights which they may have under the plan, in whatever
manner they consider advisable.
3
"
FIFTH: I nominate and appoint my son, RICHARD R.
DELUCA, of 301 West Courtland Avenue, Shiremanstown, Pennsylvania,
as Trustee of the hereinabove described trusts. In the event of
the death, resignation or inability to serve for any reason what-
soever of the said RICHARD R. DELUCA, I nominate and appoint my
niece, ANN MARIE WILLIAMS, of 585 Newport Street, Nanticoke,
Pennsylvania, as Trustee of the hereinabove described trusts. I
direct that my Trustee shall serve without bond and shall receive
fair and reasonable compensation.
SIXTH: I direct that all inheritance, estate, transfer,
succession and death taxes, of any kind whatsoever, which may be
payable by reason of my death, whether or not with respect to
property passing under this Will, shall be paid out of the princi-
pal of my residuary estate.
SEVENTH: I nominate and appoint RICHARD R. DELUCA,
Executor of this, my Last Will and Testament. In the event of the
death, resignation or inability to serve for any reason whatsoever
of the said RICHARD R. DELUCA; I nominate and appoint ANN K~RIE
WILLIAMS, Executrix of this, my Last will and Testament. I direct
that my Executor or Executrix, Trustee or Trustees, as the case
may be, and their successors, shall not be required to post
security or a bond for the performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
to this, my Last will and Testament, this ,,J.'fd day of (i?cU<-)o~.
1992.
4:' .
k' - . ~/t,1xJ~ ?i/ f!zi~c~.
.- ERTRUDE A. DELUCA
( SEAL)
Signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament in our
presence, who, at her request, in her presence and in the presence
of each other, have hereunto subscribed our names as attesting
witnesses.
Address
1'tJu
tiIL.;,/1- II- i '
~- (
~l/t '(1 ,) /7. "
o '4.t1.,',.{.y( ;, ^ 'Jtp.,'/1tR.
1/
v
Address
4
Register of Wills of
0S- i5'~1
Cumberland
County, Pennsylvania
OATH OF SUBSCRIBING WITNESS
Estate of
Gertrude A. Deluca
also known as
James D. Bogar, Esquire
No. 21-05- '(,5/
, Deceased
(each) a subscribing witness to the 0 codicil(s) [!] will(s) presented herewith, (each) being duly qualified according to iaw
depose(s) and say(s) that she/he/they was/were present and saw the above Testator(rix) sign the same and that she/he/they signed as
a witness at the request of Testator(rix) in his/her/their presence and D in the presence of each other [!] in the presence of the
other subscribing wiitness(es).
COMMONWEAllll Of PElfNS'tlVAIIIA
NOTARIAL SEAL
BONNIE l. WilliAMS, NOTMY I'UBUC
SIlIREMANSTOWN BORO., CUMBERlNlD co.
MY COMMISSION EXPIRES APRIll8 toot
Swor;l to or affirmed and subscribed
before me this d;),n d
day
Of~lYYI~ d)Q05
,150) In LP (;/ ~Q/I}LfJ
Notary Public
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
1 W. Main Street, Shiremanstown, PA 17011
(Address)
(Signature)
(Address)
I',,)
(Signature)
',,'i
C,,)
c;:)
(Address)
NOTE: To be taken by officer authorized to administer oaths.
Please have present the original or copy of instrument(s)
at time of notarization.
Form #RW-2 (1991)
.--)
~5~Y)S-1
Register of Wills of Cumberland County
OATH OF NON-SUBSCRIBING WITNESS
Estate of Gertrude A. Deluca
No. 21-05- <;;"5)
Also known as
, Deceased
Richard R. Deluca
~) a subscriber hereto,~) being duly qualified according to law, depose(s) and say(s) that
he is familiar with the signature of Gertrude A. Deluca ,testatrix of (one of the
subscribing witnesses to) the ~/will presented herewith and that he ~/believes the signature
on the~/will is in the handwriting of Gertrude A. Deluca to the best of
his knowledge and belief.
~/~
/. -'
(Name) Richard R. Deluca
Sworn to or affirmed and subscribed
Befort;: me this ..-yv day yf
,~},)j,,,)Lh L ,20~
,
g W. Courtland St., Shiremanstown, PA 17011
(Address)
(Name)
(Address)
r-,.)
,""-,
,--:;:J
>,)
,>")
c.)
c:o