HomeMy WebLinkAbout01-12-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estateof \}((~Irlill m, fY)(1rchli1fdH
also known as ' V 11(1/ '1 J 0._ WI f1 r cirJ I (} t' (t;
, Deceased.
Social Security No. i RO -- .'). () - q ~3Lf
No.
To:
C-:J..\ _~~ _ ~'\:I~",\
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut.c.L.l. named in the last will of the
above decedent, dated m Of Un I ~ Icrq -) , 20
and codicil( s) dated I
Or"~Jj(\a~ (lff(itJ/r>,r /( dtC:eaWd (1() ~I qR)
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in (~U lnbtr (a n (J
Pennsylvan~a, w~th h~flast family or principal residence at . . ._
C10~; l\pp~C Drjl!f I (n(('VI(p.rIl(~h){~ fA i(70C")~)
(list street, number nd municipality)
County,
Decedent, then ~ years of age, died tf C'. 3. { , 20 -'2....l, at ;J. () b f ()1
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
Decedent 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:
~1~ r .0.'0'
I' (...j V
I
$
$
$
$
13q COO
.- ;1
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant ofIetters
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
Residence( s) of Petitioner( s)
,C;R ~fl-t,(1I i)ri \If. C~r l: ,If I tJ.A (7D13
I, "j
I._!')
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYLVANIA
}
SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above
decedent petitioner(s) will well and truly administer the estate accordipg to law.
''j.<~ (!}. /!i;<ft!If&'/~--
v ,
Sworn to or affirmed an<!.-~bscribed
Before me this " '1.. day of
:s~~~'(~ ,20 ~\,
'\
{
CIl
oQ'
;:l
<0
C
....
,.Q.
~
G~ ~.~" ~~~
Register '
~~.~~, ~~'" ~~
No. ").. \ ._~\O - ~~.s '-\
Estate of ~<'I.~,~\~ '" . ~~'(~\~'~~~\\Deceased
"
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW '\ )... 20 ~l"., in consideration of the petition on the reverse side
hereof, satisfactory I'l"oofhavin been presented before me, IT IS DECREED that the instrument(s), dated
~~~. \...(;,) \ ~ ';. ~ . ' described therein be admitted to probate filed of record as the last wi of
.-.\\'(~"'~, \l\. V\~'<~"", ,,~\ '\ ; and Letters are hereby granted to \: ~ "" .~~ S
FEES
Probate, Letters, Etc. ............. $
Will ................................. $
Renunciation... . . ... . . .... . . . . .. .. . $
Short Certificates t\) ............ $
J CP . . .. . . .. . . . . . . . .. .. . .. . .. . .. . . . . .. $
Automation Fee................... $
$
$
20li::)\c
~~~ -
\S.
~~~ ~~~, ~'-\.S'-'l,-~.\~"I.'~
Register of Wills q~~~
. - - ""-\\
-\(. ~~ ~\\\ ~
Attorney (Sup. Ct. LD. No.)
~r,
~~
-.:,
d..~ -
\~ .
S.
Address
Bond. .. .. . .. . .. .. . . . .. . . .. . .. . .. . ....
Total
Filed ,- \ ..~-
'-\ \~. ~~
Phone
').., -~~ - ~\\~~
LAST WILL AND TESTAMENT
OF
VIRGINIA MARCHINETTI
KNOW ALL MEN BY THIS PRESENTS, that I, VIRGINIA MARCHINETTI,
presently residing at 902 Apple Drive, Mechanicsburg, 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
I. pa~ent of Expenses: I direct that my Executor, hereinafter
named, s all 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
II. Personal and Household Effects: I bequeath my automobiles,
household and personal effects and other tangible personalty of
like nature (not including cash or securities) together with any
existing insurance thereon, to my husband, ALBERT MARCHINETTI, if
he survives me by thirty (30) days. Should my husband predecease
me or not be living on the thirty-first day after my death, I
bequeath such tangible personalty and insurance thereon to my
daughter, KATHY MARCHINETTI REYNOLDS.
I direct that the expense of packing, shipping, insuring and
delivering any such property to a beneficiary entitled thereto
shall be paid by my Executor as an administrative expense of my
Estate.
III. Residuary Estate.
A. Spousal Gift: I give to my husband, ALBERT MARCHINETTI,
if he survives me by thirty (30) days all the rest, residue and
remainder of my property of whatever type and wherever situated.
B. Remainder Gift: If my husband, A~~ERT MARCHINETTI,
should predecease me or not be living on the thirty~first day
after my death, I give the rest, residue and remainder of my
Estate, whether real or personal and wher-eye-r;si1l:~ated 1=0 my
~0Y417?,ft1-~'_ 1 _ '...... · ,- - .
daughter, KATHY MARCHINETTI REYNOLDS, or if she has predeceased
me or dies within 30 days of my death, then to her then living
children, but if none, then in equal shares to my husband's
brother and my sisters and brothers, then living.
IV. Adopted Persons: For the purposes of this Will, adopted
persons shall be considered children of their adoptive parents,
and they and their descendants shall be considered descendants of
their adoptive parents, regardless of the date of the adoption.
FIDUCIARIES
V. Executor: I hereby nominate, constitute and appoint my
husband, ALBERT MARCHINETTI, as Executor of this, my Last Will
and Testament. In the event that my said husband shall
predecease me, or be unwilling or unable to act as Executor, then
I nominate, constitute and appoint my daughter, KATHY MARCHINETTI
REYNOLDS, as Executrix.
VI. Resignation: Any individual Executor/Executrix may resign at
any time without court approval.
VII. Bond: No Executor/Executrix shall be required to give bond.
ADMINISTRATIVE PROVISIONS
VIII. Management Provisions: My Executor shall have, in
addition to the powers and authority conferred upon him 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
personal, at any time, and upon such terms and conditions as
he shall deem wise.
B. Retain/Invest: To retain and to invest in all forms of
real and personal property, including common trus t funds,
mutual funds and money market deposit accounts regardless of
any limitations imposed by law on investments by executors
or trustees, or any principle of law concerning investment
diversification.
C. Operate a Business: To operate any business activity
in which I have an interest to the extent I would, if alive.
D. Title to Property: To cause any security or other
property which may constitute a portion of a Trust to be
issued, held or registered in her own name, or in the name
of a nominee, or in such form that title will pass by
delivery.
1~//YIffi /ntt4 (d~
- 2 -
E. Caaital Changes: To consent to the reorganization,
consoli ation, 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 Executor is necessary to obtain
the benefit of any such reorganization, consolidation,
readjustment or sale; to exercise any conversion privilege
or subscription 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.
F. Expense of Estate: To pay all costs, taxes, charges and
expenses in connection with the administration of my Estate.
G. 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 Executor may determine.
H. Borrow: To borrow money from any person, firm or
corporation, for the purpose of protecting and preserving or
improving my Estate hereunder; to execute promissory notes
or other obligations for amounts so borrowed.
TAX PROVISIONS
IX. Marital Deduction: No property ineligible for the marital
deduction shall be used to satisfy that deduction. Property
distributed in kind in satisfaction of the marital deduction
shall be distributed at the lower of (i) its value at the time of
distribution and (ii) its adjusted Federal Income Tax basis.
Subject to the foregoing, my Executor shall have absolute
discretion in selecting the property to be allocated to the
Marital Deduction. In calculating the amount of the marital
deduction, (i) all other property which qualifies for the marital
deduction and (ii) all other deductions and credits which are
allowed in the calculation of the federal estate tax in my estate
shall be considered first. However, credits will be used only to
the extent that their use will not increase the death taxes on my
estate.
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 Executor pay, or provide for payment of
/}/ td. ~ './-P
I/(/(j//)'ua, . 'l);Cl/U: ~~. _
3 -
all such taxes at such time, or times, and in such manner as my
Executor deems best.
XI. Tax Options: I authorize my Executor:
A. Death Taxes: To exercise any options available in
determining and paying death taxes in my estate, and to
allocate my generation-skipping tax exemption;
B. Income Taxes: To join with my husband in filing a
joint income tax return; and
C. Gift Taxes: To consent to any gifts made by my husband
being treated as having been made one-half by me for the
purpose of laws relating to gift tax.
IN WITNESS WHEREOF, I, VIRGINIA MARCHINETTI, the Testatrix
of this, my Last Will and Testament, typewritten on four sheets
of paper which I have identified at the bottom of each page by my
signat~re, f} hereunto set my hand and seal the 1>1 day of
117~ ' 1993.
~~A~~~1i'
The preceding instrument consisting of this and three other
typewritten pages, each identified by the signature of the
Testatrix, VIRGINIA MARCHINETTI, was on this day and date thereof
signed, published and declared by VIRGINIA MARCHINETTI, 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.
~~m/lll-~'
- 4 -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, VIRGINIA MARCHINETTI, 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 therein expressed.
~~~~.
Sworn or affirmed to and acknowledged before me, by VIRGINIA
MARCHINETTI the Testatrix, the /YfA- day of ~,rAJ , 1993.
(SEAL)
g h.; c1. (j od~
Notary Pu tic {'
r--~ NOT ARIAL SEAL 1
! KORIA A. CUJDINGTON, Notary Pub!::
i Harrisburg, Dauphin County, Pil.
L My Commission Expires Feb. 14, 199~~_.i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We Richard E. Connell and Marcia M. Connell ,
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 Testatrix sign and execute the
instrument as her Last Will; that she signed willingly and that5he ~
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 Testatrix was at that time eighteen or more
years of age, of sound mind and under no constraint or undue
influence.
a' ,)
(~~
Sworn or affirmed to and subscribed to before me by
Richard E. Connell and Marcia M. Connell
witnesses, this 18th day of
March
, 1993.
(SEAL)
.I~'< cL({u.lAi'r
.. Notary Pub ic
NOTARIAL SEAL
I mORl,'. A. CUDD';'JGTON, Notary Public
Harrisburg, IJauphin County, Pa.
I My Commission Expires Feb. 14, 1994 i
1--.-:..... ~~_. .,_ ..,..,._,~...~_ "_'_""_~'~_"-.___-I