HomeMy WebLinkAbout02-23-06
Name of Decedent:
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
~ , c..ha.r ~ F. be. 51 ~ T 0
Date of Death:
.JcL"
to r 2-00 '-
Will No.
?-o 0 c:, - 0 0 r'3 lo
Admin. No.
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on .2-1 ~ lOb :
I J
~ Address
~ ~,.-r~
/
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except r-J"'--d"),<.I
Date:
~ ~/c>f:,
Signature
WI II {<t\-M 4~ d tt C(.A..s
Name Iv~ 4~~
Address "1 tN, d~ h Sr
&(/~le{ fit 170(3
Telephone ( 1 J 1 - ZA-f 3 - 7 fa 3 8
Capacity: _ Personal Representative
~sel for personal representative
...# ~ I
L
NOTICE OF BENEFICIAL INTEREST IN ESTATE
BEFORE THE REGISTER OF WILLS,
COUNTY OF CUMBERLAND, PENNSYLVANIA
IN RE: EST A IE OF RICHARD E. DeSISTO, DECEASED
NO. 2006-00136
TO:
Rosemarie DeSisto
917 Cavalry St.
Carlisle, P A 17013
Joseph Kovacs
3 Gentry Dr.
Palmyra, P A 17078
Bosler Free Library
46 W. High St.
Carlisle, PA 17013
Daniel J. Jacavanco
Garnett K. Jacavanco
95 High St.
Andover, MA 01810
Lisa A. Fitting
Samantha R. Fitting
11 Abbey Court
Carlisle, P A 17013
Cumberland Perry Vocational Tech School
110 Old Willow Mill Rd.
Mechanicsburg, Pa 17055
Edward DeSisto
P.o.Box 1301
Park City, Utah 84060
Robert and Ellen DeSisto
Cory R. DeSisto
17 Eagle Crest Dr.
Chester, N.H. 03036
Please take notice of the death of decedent and the grant of letters to the
personal representative named below. You may have a beneficial interest in the
estate under the Codicil and/ or Last Will and Testament of Richard E. DeSisto.
See attached copy of Will and Codicil
Name of decedent: Richard E. DeSisto
Last known address of decedent: 917 Cavalry St., Carlisle, P A 17013
Date of Death: January 10, 2006
Place of Death: Carlisle, Pa.
c
County of Grant of Original Letters: Cumberland
Decedent died Testate, and a copy of the Codicil and Will is attached hereto
Name, address and phone number of all personal representatives:
Rosemarie DeSisto
917 Cavalry St.
Carlisle, P A 17013
717-243-3781
Name, address and phone number of counsel:
William A.Addams, Esquire
27 W. High St.
Carlisle, P A 17013
Phone: 717-243-7638
Additional information may be obtained from the undersigned:
-11 f
By 1vdf-H"A "'/Y~
William A. Addams, Esquire
27 W. High St.
Carlisle, Pa. 17013
717-243-7638
Dated: February 20, 2006
CODICIL
I, RICHARD E. DeSISTO, of 917 Cavalry Street, North Middleton
Township, Cumberland County, Pennsylvania, do hereby make this Codicil to
my Last Will and Testament, dated February 25, 2002, as follows:
FIRST:
Paragraph 7 of my said Will shall now read as follows:
"7. I nominate, constitute and appoint my spouse, Rosemarie DeSisto,
as Executrix of this my Last Will and Testament. In the event my spouse is
deceased, unable or unwilling to serve or shall cease to serve for any reason
whatsoever, then I nominate, constitute and appoint my attorney William A.
Addams, as personal representative of this my Last Will and Testament. I direct
that my personal representative shall not be required to give or post bond for
the faithful performance of his, her or its duties in this or any other jurisdiction."
SECOND: I wish to delete Paragraph 8 of my said Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this the _
/(,"7i.
day of December, 2004, to this Codicil to my Last Will and
Testament dated February 25,2002.
. . C",-
9~qa (SPAL)
Subscribed and sealed by the testator in the presence of us and of each of us, and
at the same time published, declared and acknowledged by him, by us to be a
codicil to his last will and testament, and thereon we, at the request of the said
Testator, and in his presence, and in the presence of each other, have hereunto
subscribed our names as witnesses:
;:fJtt:~{i:iZ?
t.""
tOlPV
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
/' 'i,:'? ,/1 .../J ,.;1 \. ~ . ( \ \
We, iW;t;". /I, &~& and ~ . I the
witnesses whose names are signed to the attached or foregoin instrument,
being duly qualified according to law, do depose and say that we ere present
and saw testator sign and execute the Codicil to his Last Will and Testament
dated February 25, 2002, and that he signed willingly, and that he executed it as
his free and voluntary act for the purposes therein contained, that each of us in
the hearing and sign of the testator signed the Codicil as witnesses; and that to
the best of our knowledge, the testator was at that time 18 or more years of age,
of sound mind and under no constraint or undue influence.
./;;//~_'l /0~/ ' -,
_f"'-"'_'_--<.<:/~~/- ?-~. .,,//~~~/. ,..'.'. .
. /%:. / /~..' __.,.?J~,.'7 y~
/~""-'U'&'-~ _.. _____. ~/~
J'/~ ... ._
Sworn to and subscribed before me
I (0 +t...
this
day of December, 2004.
~
J
l'dU'~_,_~;;;i(;~t 3G:.,;
'-V'8 M. Cox, Not"i'Y ::'Uo\18
i~:,c:ro~!gh~ Cumberla.nd
, ,;' .. i. '-1 ~, ~ .:~
C0MI\10NWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Richard E. DeSisto, 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 the Codicil to my Last
Will dated February 25, 2002, that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes ~iPressed~ /~
( ',_:~ f/ /~~
~ E. DeSisto /
Sworn to and subscribed before me
fl-.
this ! 0 day of December, 2004.
\~~
Notary
,: ~f0 ~];.< ;~:~1~;~;~\;~1:~~ l~~~ H G
1_' i.,
LAST WILL AND TESTAMENT
OF
RICHARD E. DESISTO
I, RICHARD E. DeSISTO of 917 Cavalry Street, North Middleton Township, Carlisle,
Cumberland County, Pemlsylvania, being of sound and disposing mind, memory and understanding,
do make, publish and declare this to be my Last Will and Testament, hereby revoking and making
void all previous Wills and Codicils heretofore made by me.
1
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. If1 do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
Provided they survive me by thirty (30) days, I give, devise and bequeath the following
property with all insurance proceeds thereon as follows:
'\ a. I give all of my real estate to my spouse, ROSEMARIE DeSISTO.
b. I give my Russian Olympic coins from 1980 to my stepson, JOSEPH KOVACS, of
Palmyra, Pennsylvania.
Page 1 of 8
. '
~
w
~
LAST WILL AND TEST AMENT OF RICHARD E. DeSISTO
c. I give all of my technical books to BOSLER FREE LIBRARY of Carlisle,
Cumberland County, Pennsylvania.
d. I give my tools and woodworking equipment, to be divided equally, to my spouse,
ROSEMARIE DeSISTO, my step-son, JOSEPH KOVACS, my step-son-in-law, DANIEL J.
JACA V ANCO, of Chelmsford, Massachussetts, and my daughter, LISA FITTING, of Carlisle,
Cumberland County, Pennsylvania.
e. I give my "test equipment" to CUMBERLAND PERRY VOCATIONAL
TECHNICAL SCHOOL, of Mechanics burg, Cumberland County, Pennsylvania.
f. I direct that all cash and securities that I own be used to pay any and all joint
mortgages, debts, credit cards that I may be liable for or may be jointly liable for.
3
Providing they survive me by thirty (30) days, after the distributions referenced in Paragraph
2 above, I give, devise and bequeath the following property with all insurance proceeds thereon as
follows:
a. I give the sum of $5,000.00 to my son, EDWARD DeSISTO, of Park City, Utah.
b. I give the sum of $1,000.00 to my son, ROBERT DeSISTO, of Chester, New
Hampshire.
c. I give the sum of $500.00 to my grandson, CORY R. DeSISTO, of Chester, New
Hampshire. I nominate, constitute and appoint my daughter-in-law, ELLEN DeSISTO, of Chester ,
New Hampshire, as Guardian of any property which passes to said child due to my death. Said
Guardian shall have the power and authority in their discretion to apply income or principal to the
support and education of said children, and to make payments for these purposes. I direct that no
Guardian shall be required to give orpost bond for the faithful performance ofthe Guardian's duties
in this or any other jurisdiction.
Page 2 of 8
LAST WILL AND TESTAMENT OF RICHARD E. DeSISTO
Any devise or distribution under this paragraph of my Last Will and Testament which is
payable to my grandson, CORY R. DeSISTO, and ifhe is under TWENTY -ONE (21) years of age
or, in the judgment of my personal representative, mentally disabled, shall be held in a separate trust
by my daughter-in-law, ELLEN DeSISTO, as Trustee until CORY R. DeSISTO reaches
TWENTY-ONE (21) years of age during such period of disability. During the term of any trust
created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much ofthe net
income and principal of each such trust as the Trustee shall consider advisable for the health,
maintenance, support, and education (including college education, undergraduate and graduate) of
each such beneficiary until he or she attains TWENTY-ONE (21) years of age, or until all such
amounts are paid out of trust. I direct that no Trustee shall be required to give or post bond for the
faithful performance of the Trustee's duties in this or any other jurisdiction.
4
Providing they survive me by thirty (30) days, after the distributions referenced in Paragraphs
2 and 3 above, I give, devise and bequeath the remainder of my estates, together with all insurance
proceeds thereon as follows
a. I direct that the remainder of my estate shall be disbursed as follows:
(1) I give thirty-five (35%) percent to my spouse, ROSEMARIE DeSISTO.
(2) I give twenty-five (25%) percent to my daughter, LISA A. FITTING.
(3) I give ten (10%) percent to my granddaughter, SAMANTHA R. FITTING,
of Carlisle, Cumberland County, Pennsylvania. Any devise or distribution under this Last Will and
Testament which is payable to my granddaughter, SAMANTHA R. FITTING, and if she is under
TWENTY -ONE (21) years of age or, in the judgment of my personal representative, mentally
disabled, shall be held in a separate trust by my spouse, ROSEMARIE DeSISTO, as Trustee until
SAMANTHA R. FITTING reaches TWENTY-ONE (21) years of age during such period of
disability. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized
Page 3 of 8
~
\.
~
LAST WILL AND TESTAMENT OF RlCHARD E. DeSISTO
to expend and apply so much of the net income and principal of each such trust as the Trustee shall
consider advisable for the health, maintenance, support, and education (including college education,
undergraduate and graduate) of each such beneficiary until he or she attains TWENTY-ONE (21)
years of age, or until all such amounts are paid out of trust. I direct that no Trustee shall be required
to give or post bond for the faithful performance of the Trustee's duties in this or any other
j urisdi ction.
(4) I give fifteen (15%) percent to my step-son, JOSEPH KOVACS.
(5) I give fifteen (15%) percent to my step-daughter, GARNETT K.
JACA V ANCO, of Chelmsford, Massachussetts.
5
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
Page 4 of 8
~
~
LAST WILL AND TEST AMENT OF RICHARD E. DeSISTO
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k)
In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
6
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
Page 5 of 8
LAST WILL AND TESTAMENT OF RICHARD E. DeSISTO
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
7
I nominate, constitute and appoint my spouse, ROSEMARIE DeSISTO, as Executrix ofthis
my Last Will and Testament. In the event my spouse is deceased, unable or unwilling to serve or
shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint MICHAEL
J. HANFT, ESQUIRE, as personal representative ofthis my Last Will and Testament. I direct that
my personal representative shall not be required to give or post bond for the faithful performance of
his, her or its duties in this or any other jurisdiction.
8
I hereby declare it to be my express desire that my personal representative employ Michael
J. Hanft and the law firm of Hanft & Knight, P.C., of Cumberland County, Pennsylvania, for legal
advice and assistance regarding this my Last Will and Testament, they having considerable
knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of
this instrument, the administration of my estate, and the execution ofthe powers herein mentioned.
Any mention of Michael J. Hanft and Hanft & Knight, P.c. in this my Last Will and Testament, is
my free and voluntary act and through no influence by any person.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this tJ S'lJo day ofPebruary, 2002.
WITNESS:
~f(J'!f)
'f~i <jf(. Q~-
~M~
Page 6 of 8
LAST WILL AND TESTAMENT OF RICHARD E. DeSISTO
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, Richard E. DeSisto, the Testator, 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 and Testament; that I signed it willingly, and that I signed
it as my free and voluntary act for the purposes therein expressed.
~\
/'
Sworn or affirmed and acknowledged before me by Richard E. DeSisto, the Testator, this
as"'^day of February, 2002.
~~-
Notarial Seal
Denise L. Nye. Notary Public
Soulb Middleton Twp.. Cumberland County
My Commission Expires Feb. 26, 2005
MfM'N:lw, PennsylvaniaAssocialionot Notarie$
')
~
"
Page 7 of 8
LAST WILL AND TESTAMENT OF RICHARD E. DeSISTO
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTYOFCUMEERLAND
SS.
and l~CLr''I PI, V\'c'ct'_
I
witnesses whose names are attached to the foregoing document, being duly qualified according to
WE M {t w..+ev :r - l4..A"f-.l\~~-
,
,the
law, do depose and say that we were present and saw Richard E. DeSisto, the Testator, sign and
execute the instrument as his Last Will and Testament; that he signed willingly and that he executed
it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in
the hearing and sight ofthe Testator signed the Last Will and Testament as witnesses and that to the
best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under
no constraint or undue influence.
j;;Fe'17/P
-*-j tft, Q"C~
Sworn or affirmed and subscribed before me by ;fA ( t-I-I-~ r.. II- A-~7 and
vl\l'.Af'j ~fV), VV'li ct: this ,;2olu day of February, 2002.
~~
Notarial Seal
DeniM L. Nye. Notary Public
SCilltft Middleton Twp.. Cumberland County
~ Commission Expires Feb. 26. 2005
~.~AssocIaticnofNotaries
F:\User Folder\Finn Docs\Wills\2254-2red. will.wpd
Page 8 of 8