HomeMy WebLinkAbout03-02-06
INRE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMMONWEAL TH OF
;rill
DeANGELIS REVOCABLE REAL
PENNSYL VANIA
PROPERTY TRUST;
DeANGELIS F AMIL Y
IRREVOCABLE TRUST;
JOSEPH B. DeANGELIS
AND JANET DeANGELIS
HIS WIFE, Co-TRUSTEES
OF BOTH ABOVE TRUSTS
ORPHANS' COURT DIVISION
NO. 21 - 06 - 'J \\~\
ORDER
AND NOW, this \. ";:. \ day of VVl'v l.-~ ' 2006, after consideration
of the PETITION FOR A RECORDABLE DECREE TO CLEAR CLOUDS FROM TITLE
AND TO ELIMINATE EMINENT EXPOSURE TO THE HAZARDS OF POSSIBLE
LITIGATION, it is hereby ordered and decreed as follows:
(A) Joseph B. DeAngelis and Janet DeAngelis, his wife, in their capacities as Trustees of the
DeAngelis Family Irrevocable Trust, shall surrender and deliver up to the Recorder of Deeds in
and for Cumberland County, Pennsylvania that certain deed from Joseph B. DeAngelis and Janet
DeAngelis, his wife, to themselves as Trustees of the said Irrevocable Trust, dated May 1, 2000
and recorded May 9, 2000, recorded in the Recorder's Office aforesaid in Deed Book 220, Page
1055. Said deed shall then be marked "cancelled and void and of no further force or effect." The
Recorder shall then proceed to make such marginal notations and/or to record such other items as
the Recorder may request to show such cancellation in the record of his office and to see to it
that the same are properly indexed.
(B) Joseph B. DeAngelis and Janet DeAngelis, his wife, in their capacities as Trustees of the
DeAngelis Family Irrevocable Trust, shall prepare and execute a Disclaimer of any interest in or
to the property at 420 Kent Drive, Mechanicsburg, Upper Allen Township, Cumberland County,
Pennsylvania in a form recordable by the Recorder of Deeds either separately or by attachment
to the Deed referred to herein below. Such disclaimer shall be considered to bar and prevent any
interests in the said property from being accepted by or entering into the possession or ownership
of the said Joseph B. DeAngelis and Janet DeAngelis, his wife, as Trustees aforesaid, and shall
further prevent any right or interest in the said property from being considered or deemed to have
entered into the said Trust or as having vested legally or equitably in the five (5) aforesaid
children or anyone else as the remaindermen of said Irrevocable Trust.
(C) Any arguable interest in the said remaindermen in or to the said property as such
remaindermen is hereby nullified and made void. The remaindermen, as remaindermen of the
said Irrevocable Trust, are hereby forever barred from asserting any interest or right in or to the
said property as remaindermen of the said Irrevocable Trust.
(D) It is hereby conclusively determined that there were no restrictions or limitations on Joseph
B. DeAngelis and Janet DeAngelis, his wife, as Trustees of the DeAngelis Revocable Property
Trust executed December 17, 1994, and referred to in that certain quit-claim deed from Joseph B.
DeAngelis and Janet DeAngelis, his wife, in their own individual rights to Joseph B. DeAngelis
and Janet DeAngelis, as Trustees of the said Revocable Property Trust. Said deed was dated
May 10, 1995 and recorded on June 8, 1995 in the Recorders' Office aforesaid in Deed Book
123, Page 312. Petitioners are thus free to grant and conveyor otherwise transfer the legal title
they hold as Trustees of the said Revocable Property Trust in order to reunify the legal title,
equitable title and other rights in and to the said property at 420 Kent Drive, Mechanicsburg,
Upper Allen Township, Cumberland County, Pennsylvania.
(E) Petitioners are more specifically authorized and empowered to make, sign, seal, and deliver a
deed from themselves as Trustees of the said Revocable Trust to themselves as individuals in a
form substantially similar to that proposed deed attached to the said Petition, for the purpose of
creating a complete or perfected good and marketable legal and equitable title and a title which
will incorporate and include with it all rights of property in and to the said property at 420 Kent
Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania.
(F) This ORDER may be recorded along with such deed and/or the other instruments referred to
herein in the Recorder's Office, the office of the Register of Wills in and for Cumberland County
and/or any other Office where such recording may be deemed helpful and appropriate.
2
(G) In view of the nature and contents of the Petition and the affinity of the parties thereto, no
hearing on the Petition is deemed necessary by the Court and none has been held.
BY THE COURT:
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Estate No.:
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO.
CERTIFICATE OF SERVICE OF ORDER
ORDER DATED:
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JUDGE'S INITIALS:
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TIME STAMP DATE:
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INRE:
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SERVICE TO:
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METHOD OF MAILING: 0 USPS ENENVELOPE(S) BY: 0 Petitioner
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DATE OF MAILING: "3 - 2.. .~(<)
SERVICE TO:
METHOD OF MAILING:
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ENVELOPE(S) BY:D Petitioner
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DA TE OF MAILING:
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Deputy Clerk of Orphans' Court
Clerk of the Orphans' Court