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Home My WebLink About01-12-07 " .. Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Joseoh Rlllo No. JI-O'7....on.yq Estate of also known as Joseoh A. Rillo. Jr. I Deceased Social Security No. 206-50-5669 (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petltioner(s) is/are the executri! named in the Last Will of the []I- dent, dated December 16. 2005 and codicll(s) dated o pt as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the ments offered for probate; was not the victim of 8 killing and was never adjudicated Incompetent: Dece Exce docu . B. Grant of Letters of Administration .... Petit! oner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the folio wing spouse (if any) and heirs: I Name Relationship Residence I Usa Rlllo Wife 5455 Westburv Drive. Enola, PA 17025 Dominic J. Rillo Son (Minor) 5455 Westburv Drive. Enola. PA 17025 Amanda R. Rlllo Daughter 25656 E. Main Street, PO Box 846, Onley, VA 23418 Jennifer N. Rillo Daughter 25656 E. Main Street, PO Box 846, Onley, VA 23418 Julie M. Rillo Dauahter 50 Pine Street Carlisle PA 17013 (COMPLETE IN ALL CASES:) Attach additional sheets If necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 5455 Westbury Drive. Hamoden Townshio. Enola. PA 17025 Decedent, then 51 years of age, died December 12 I 20~, at 5455 Westburv Drive. Enola. PA 17025 (l.lIClItian) 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 Total Real Estate situated as follows: $ 25.000.00 $ $ $ $ 25.000.00 Wherefore. Petitioner(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 fonn to the undersigned: , r. . Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative( s) of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affirmed and subscribed :t ~ fJrIlo Lisa ~ Rillo befo_g . ~~70f. .cc- ~4~fY Register of Wills' DECREE OF REGISTER Estate of Joseoh Rillo also known as Joseoh A. Rillo. Jr. ,Deceased No.,2, - 017 - 00<./ q Social Security No: 206-50-5669 Date of Death: December 12.2006 AND NOW, \ ~ , 20.o:!...., in consideration of the Petition on the reverse side eon, satis tory proof having been presented before me, IT IS DECREED that Letters estamentary 0 of Administration are hereby granted to Lisa Rillo in the above estate and that the instrument(s), if any, dated December 16.2005 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate(s)...5.......$ Renunciation................. . Affidavit ( )................. ~ ~!les ( ~~\ CodiciL........................ . JCP Fee........................ Inventory & Tax Forms... Other.~~ TOTAL................ F:\Home\BJW\DOCS\RILLO\estate\pet4granlwpd $ Lao · 60 m-dO $ $ $ YS-. (/t) $ $\0 ~ ()\) $ $ b. l10 Attorney: uce J. Warshawskv. Esauire I.D. No: 58799 Address: 2320 North Second Street PO Box 60457: Harrisbura. PA 17106-0457 Telephone: (717) 238-6570 DATE FILED: January 12. 2006 $\\0.00 iDS.80S REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. 2L~.~~~ Local Registrar Fee for this certificate, $6.00 p 12995445 DEe 1 4 2006 Date C) ~O 2~i~ '_~~ (/5 9? ;~~-=; 8 ~ C:) (= . ::0 ::0-1 ..J~. I'-.) f':::::> <:::) --.J Co- > -.. --. N -0 :JJ:: .z;,- --- H1GILIOREY._ T/PE,l'NIT II I'6lIMIIENT ~tI( 1. _alDDdIoI ~OMIIOfiIWEALTH OF PENNBYLVAttIA - DEPARTMENT OF HEALTH- VJrAL RECORDe CERTIFICATE OF DEATH STAlE FLE NUIlBR 4. DlIIaI~(IIonII.dIr." December 12. 2006 ~ I ---.... u.s._I'-' DVII E!1lD DoaaItI ...,.... 11a.1IIIlII In-can, 12 PA QlI'llhP..rland 8. _ Magdalene Nestranski :III. .... (lIboI,cllr/-'._. 5455 Wi Dr., Fnola, PA 210. _al~"'f1I~.~or""fIoooI Twp. Cllrllbll 17025 d. ~(CIIrIt......__) Carlisle, PA 17013 ~ ~~~. i:1.......__ =-.:..=.':...~ .. .s:: ()I b"\ o r1 .. ..3 ~ I ~ lI5. I .. ~ LAST WILL OF JOSEPH RILLa I, Joseph Rillo, of Hampden Township, Cumberland County, Pennsylvania, bein~ of }aw~ge, sound mind and mOmory, and under no restraint, do publish this as my Last Will, revoking ~er ~s Of:-- ~_~' Codicils previously made by me. ;::,~ ~ ~ = C) ':~J ~ P tIIIi.... ( .1...1 FIRST: All expenses, fees, costs, and taxes related to this estate shall be paid from tb~atei8itate~- :~~~~ assets, including but not limited to funeral expenses, grave marker, the costs of my final illn~dnheri&8nce,~ ; C,=; Estate and Fiduciary Taxes; and all gitls and bequests shall be paid from the net distributablee$:tate~ :lr ~- : ?~ - ~ ~', ,----;-1 -..n .. SECOND: I specifically devise my shares of stock in Rillo's Restaurant, InC~ (The "Jmlo's Business") and my partnership interest in Rillo's of Carlisle (the "Rillo's Real Estate Partnership"), to be held in Trust as set forth below in Paragraph FIFTH, to my issue: Julie Rillo, Jennifer Rillo, Amanda Rillo and Dominic Rillo, provided they survive me by 30 days, per stirpes. THIRD: (a) I give my furniture, household and personal effects, and other tangible personalty of like nature, other than cash or securities, together with any existing insurance thereon to my to my wife, Lisa Rillo, provided she survives me by 30 days and (b) I give, devise and bequeath the rest, residue and remainder of my estate, of every kind and nature, wherever situated, which I may own, or hereafter acquire, or have a right to dispose of at my death ("Residuary Estate") to my wife, Lisa Rillo provided she survives me by 30 days. In the event my wife, Lisa Rillo does not so survive me by 30 days, I give my furniture, household and personal effects, and other tangible personalty of like nature, other than cash or securities, together with any existing insurance thereon and my Residuary Estate, to be held in Trust as set forth below in Paragraph FIFTH, to my issue; Julie Rillo, Jennifer Rillo, Amanda Rillo and Dominic Rillo, provided they survive me by 30 days, per stirpes. FOURTH: I appoint my wife, Lisa Rillo, to be the primary custodian and primary legal guardian of my minor child, Dominic Rillo. I appoint my trusted legal advisor, Robert Chernicoff, Esq. to be the Guardian of the Estate of my minor children and direct that any share of my Estate that benefits my minor children shall be immediately placed in Trust, as set forth below in Paragraph FIFTH, and that Robert , Chernicoff. Esq. serve as the Trustee of said Trust. In the event he shall for any reason fail to qualify or , cease to act, I appoint my wife, Lisa Rillo Alternate Guardian of the Estate of my minor children and the' Alternate Trustee of the Trust established in paragraph FIFTH below. FIFTH: Ifmy issue receive any benefit under this Will, I give devise and bequeath their beneficial share to my Trustee, to be held in trust for said individuals. The trust shall be administered as follows: (1) The Trustee shall payor distribute to or apply for the benefit of such individual, or their issue, as the Trustee in their sole discretion, deem necessary for their health, welfare, or education (including trade school, college education, both undergraduate and graduate) or to make payments for these purposes without further responsibility to any other individual for whom such payments are made and to charge a portion or all thereof as an advancement, with or without interest, against their respective equal ;/~<~.__..e fi~ary share. · i V (Initials) --~._--_._-- (2) The Trustee shall have broad powers to administer the Trust including, but not limited to employing professionals, investing, selling, disposing or purchasing assets and incurring debt in their sole discretion and without restriction. All decisions of the Trustee are within the Trustee's discretion and shall be final and incontestable by anyone. The Trustee shall receive reasonable compensation for their services. The payment of income or principal may be paid to the child or on their behalf, only for the purposes herein stated, or in the event of the child's or individual's incapacity to his legally appointed guardian. No child or individual shall have a right or power to sell, transfer, assign, pledge, mortgage, alienate encumber, or hypothecate their beneficial interest in the principal or income of the Trust in any manner. To the fullest extent of the law, this Trust shall not be subject to the claims of any child's or individual's creditors or liable to attachment, execution, bankruptcy proceeding, or any other legal process. Notwithstanding the above directions, nothing herein shall be deemed to make the Trustee liable for any payments of principal or income which they may in their discretion make to a third person on the unrevoked order or direction of the child or individual. The Trustee shall have.,the sole discretion to terminate the Trust in the event the principal is so diminished that the expense of administering it exceeds the interest earned. In the event the Trust shall terminate, the principal and any unpaid interest shall be distributed among the individuals in equal shares, and in consideration of any advancements made, and the Trustee shall have no further responsibility for administering it. On the death of any individual during the life of the trust, the Trustee shall distribute their beneficial share to his or her issue, or if issueless to the Trust for distribution to the other Trust beneficiaries. (3) So long as the Trust owns shares of stock in Rillo's Business and/or a partnership interest in the Rillo's Real Estate Partnership, the Trustee shall make no distributions of principal (except those authorized by Paragraph FIFTH (1 ) above) until all my issue named herein, Julie Rillo, Jennifer Rillo, Amanda Rillo and Dominic Rillo, have either reached the age of thirty (30) or are deceased. If the Trust owns no shares of stock in Rillo's Business and/or a partnership interest in the Rillo's Real Estate Partnership, the Trustee shall distribute the principal of each individual's beneficial interest as follows: One-Third (1/3) on the individual's thirtieth (30th) birthday, One- Third (1/3) on the individual's thirty-fifth (35th) birthday, and One-Third (1/3) on the individual's fortieth (40th) birthday. SIXTH: I nominate and appoint my Wife, Lisa Rillo, to be the Executrix of my Last Will, granting to her authority to sell and convey any or all of my estate, real and personal~ or mixed, upon such terms and prices as she shall deem proper, without obtaining any prior order of the court therefor. I also grant her full power and authority in the settlement of my estate, to compromise, adjust, and settle any and all debts and liabilities due to or from my estate, for such sums, and upon such terms and conditions as she shall deem best. In the event that she shall for any reason fail to qualify or cease to act, then I nominate my trusted legal advisor, Robert Chernicoff, Esq, the Alternate or Successor Executor. SEVENTH: I direct that no bond or surety shall be required of any guardian, trustee, executor, administrator or fiduciary named herein. IN WITNESS WHEREOF, I have hereunto subscribed my name, and acknowledge and publish this i:)trument as my Last Will in the presence of the underSign. ed . witnesses, on this ~ day of e>c.e~ ,2005. J.' j 7?ce~ ~Rfno The preceding instrument consisting of three (3) pages, including this page, was on the date thereof signed, published and declared by in the presence of us, who, at his request, in his presence, and in the presence of each er, have subscribed our names as witnesses hereto. of HarrisburfI. P A of Halifax. P A Commonwealth of Pennsylvania : ss County of Dauphin I, Joseph Rillo. the Testator, . whose name is signed to the. 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. \ J~<)~~ " . eph Rlllo I SWORN or affirmed to and acknowledged before me by the above named Testator this Jtt! day of '1),q;eHh~~ ,2005. ~~.:tf~ Notary Public Mycomm' . : ss Notarial Seal Unda B. Deaven, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Feb. 25, 2006 Member, Penns\ltl!~ni" Association of Notaries Commonwealth of Pennsylvania County of Dauphin We, the undersigned witnesses whose names appear above, being duly qualified according to law, do depose and say that we were present and saw Joseph Rillo, the Testator sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein ext>ressed; 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 eighteen (18) or more years of age, of sound mind and under no constraint or due influence. rmed to and ackiiowledged before me by the above named Testator this I~'*day of ,2005. ~~;tj ~ Notary Public My co Jlotari8J Seal Uncia B. Deaven, Notary Public CIty Of Harrisburg, Dauphin County My Commission Expires Feb. 25, 2006 Member, PennSV1vaniaAssociation of Notaries F:\HOME\BJW\PERSONAL\RIU.OWll.. WPD