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HomeMy WebLinkAboutOC1970-0508 - ESTATE OF FORGIUELto ,:j--7 t) -cbV F IN THE ORPHANS' COURT OF WASHIN~ COUNTY, PENNA.., Noe~otYo£ 1970 Estate o£: Richard Forgiue1 Deceased PETITION TO ESTABLISH TITLe TO REAL ESTATE UNDER DiE PROVISIONS OF SECTION 756 OF DiE FIDUCI- ARIES ACT OF 1949 /~~· )~=E:::::; hP. . l>-t f1 :;;::, .y~ .~::? ~ .f1 :::: Cl C , IJ 1 ;.~ --! r,··, ~ { :.:; ~J r· .. -;~ C• ~·~ 11 ' ~ 0 ~ tr \fE~ t~ ... -...! C=> :::z ::t:>o -..;; :...; .. , :1:-c C=> -&::- ~-~ .. ! . -. ! ' ' c "" ·~ DAM L. SANDERS (:, I I ATTORNEY AT LAW WASHINGTON, PA.-/6~0( WASHINGTON TRUST BUILDING ;;4,3~3o) ~ i.. Estate o:f: ) IN THE ORPHANS' COURT OF . . Richard Forgiuel·, ) WASHING~ COUNTY; PENNSYLVANIA Deceased . . ) No 000 for 1970 r,-- ~0 -?o -~oX> PETITION TO ESTABLISH TITLE TO REAL ESTATE UNDER THE PROVISIONS I . OF SECTION 756 OF THE FIDUCIARIES ACT OF 1949. The Petition of Angeline Miscio respectfully represents: 1. That Richard Forgiuel, late of the City of Washington Washington County, Pennsylvania, died testate on February 9, 1969l leaving as his sole legatees and devisees, Phillip_Rosati, James Rosat:i:, Angeline Misci(l) and Tony Rosati, children of his deceased wife, Lucia Rosati F&rgiuel, share ana share alike. 2. That the Will of Richard Forgiuel, dated May 16, 1960, is hereto attached and made a part hereof. 3o That no Letters Testamentary or of administration havE ever been granted on his estate in the Commonwealth of Penna., and more than on~ year has expired since the date of his death. Lucia Rosati Forgiuel, his wife, predeceased him in death on _November 2, 1958. 4. That Richard Forgiuel died a resident o:f Washington County, Penna., without issue. 5. That at the time of his death, decedent's estate consisted solely of one piece of real estate in the City of Washington, Penna., known as vacant lot number 35 in the "Maple- view Plann of Lots {Plan Book 6, pages 10 and 11) f'ronting 40 feet on Michigan Street in said Plan, and exteading back therefrom in a Southerly direction a distance of 130 f'eet to an alley, on which it abuts 40 feet; being bounded on the North by Michigan Street; on the East by Lot Number 36 in said Plan; on the South by an --Alley; a.Rd on the West by Lot Number 34 in said Plan. Excepting and reserving all of' the Pittsburgh or River Vein of' coal in and under said lot together with the mining tl '. rights, privileges and waivers set £orth in Deed Book 378, page · 484, Washington County, Penna., records~ Said lot is subject to a building restriction or covenant running witb the land that no building, or any portion of, or attachment ther~to, shall extend or be placed upon said lot within 20 £eet of the property line of Michigan Street, upon .which said Michigan Street the said lot fronts. BEING same lot of ground conveyed to Richard Forgiuel and Lucia Rosati Forgiuel, his wife, by deed dated October 16, 1948, and recorded in Deed Book 738, page 689p Washington County, Penna., records. The said Lucia Rosati Forgiuel died November 2, 1958, and complete title vested in Richard Forgiuel. 6. that the funeral and other bills of Richard Forgiuel have all. been paid by the devisees named in his Will and they are in excess Gf the value o£ said lotwhich is valued at $6oo.oo. 7. That attached hereto and marked Exhibit ••A" is the Consent o£ the three devisees o£ the decedent, other than your Petitioner, to the Prayer of this Petition. WHEREFORE, showing as aforesaid, your Petitioner prays your -Honorable Court to make a Decree Nisi adjudging the'title to said real estate to be in Phillip Rosati, James Rosati, Angeline Miscic and Tony Rosati, share and share alike;-and that if no exceptions are filed to said decree within three uonths, it shall become final. The Court is further requested to direct, in said Nisi Decree, such further noti~e of the filing of said Decree Nisi as the Court, in its discretion, deems necessary and pro~r, in. acc0rdance with the Act of Assembly in such case made and providec. ..... -.· ' ~_,11-'i~~.~:~«~'*""<~-,-~~U-1!.-e~;;;,·~c-e;:;;;;. ~---<SEAL) A·~P "' " ... STATE OF PENNSYLVANIA ) : SS: COUNTY OF WASHINGTON ) Before me, the undersigned authority, personally appeared Angeline Miscio, who, being duly sworn according to law, did depose. and say that the faots-~.contained in the foregoing Peti tio1 were true and correct-~ Sworn to and subscribed before me this _:}_;;"dday of April, 1970o ~A J d g~_d,y/_; Notary Public ~ My Com-~Exp: March 26, 1971 Washington, Washington County, Penna'o -. CONSENT OF DEVISEES OF RICHARD FORGIUEL - . . we~, PhilliP Rosati, Janes Rosati, and Tony Rosati, three of the devisees of Richard Forgiuel, deceased, hereby acknowledge receipt of a copy of the foregoing Petition, have read same, and consent to the prayer o£ the Petition. l '* . ·,, '•I'• .. . ' I, Richard Forgiuel, of the City of Washington, Washington County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills by me heretofore made: FIRST: I direct that all my just debts and funeral expenses be paid as soon as convenient after my death. SECOND:. All the rest and residue of my estate, real, personal or mixed and wherever situate, I give, devise and bequeath to Phillip Rosati, James Rosati, Angeline Miscio and Tony Rosati, children of my deceased wife, share and share alike. AND LASTLY, I hereby nominate, constitute and appoint Angeline R. Miscio and Victor Miscio, Executors of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this I{.!;#-day of May, 1960, A. D. ~ Signed, sealed, published and declared by the above named Testator as and for his Last Will and Testament, in the presence of us, who, at his request, and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto. ' . Estate of: Richard Fergiuel Deceased AND NOW, this having been presented to the ) IN THE ORPHANS 1 COURT OF . • ) WASMINGIOO COUNTY,· PENNJ\4 . • ) No. ___ of 1970 upon consideration thereof, adjudges the title to Lot Number 35 in the Mapleview Plan of Lots {Plan Book 6, pages 10 and 11), in the City of Washington, , . Washington County, Penna., as more fully described in the fore- going Petition and in Deed Boek 378, page 484, Washington County, Penna'~, records, to be in Phillip Rosati, James Rosati, Angeline Miscio, and Tony Rosati, share and share alike, if no exceptions are filed to this Decree within three months, then this Decree I• •' shall.beeome final and will be confirmed absolutely, free of all decedents debts not then liens of record and regardless of the provisions of any testamentary writing of the decedent thereafter probated. The Court further directs that if no exceptions are so filed, a certified Copy ef the Decree shall be recorded in the Washington County, Penna., Recorder of Deeds Office, indexed unde the name of Richard Forgiuel, single, as grantor, and Phillip Rosati, James Rosati, Angeline Miscio, and Tony Rosati, as grantees and that said decree shall be properly registered in the Survey Bureau of the City of Washington, Penna. The Court further direct~~~~ ~,; -~"" 177 ' - , .. / ·!> uub gf RICHARD FORGIUEL ADAM L. SANDERS ATTORNEY .AT LA.W WASHINGTON, PA. WASHINGTON TRUST BUILDING :, \ '· •, ··-~ ·. ·, ., ,, ·) ,' IN nm ORPHANS' COURT OF WASHINGTON COUNTY, PENNA. No. 508 of 1970 Estate of: Richard Forguiel, Deceased A F .$ ~;r· J) A V .i T {_,{; ,.. ~' ..... -· t~ # r ... " : . ·• -.. } .. r·· .1;:.. ' ... .._ ADAM L. SANDERS ATTORNEY AT I;J"-<{ WASHINGToN, PA. WASHI,xST BUILDING j .... :tf,"'l- .... ~ ""' .. ' '--~ -~ : IN tHE ORPHANS' COURT OF WASHINGTCN COUNTY, PENNSYLVANIA Estate of: Richard Forguiel, Deceased STATE OF PENNSYLVANIA COUNTY OF WASHINGTON ) . . ) No. 508 of 1970 . • ) AFFIDAVIT ) : SS: ) Personally appeared before me, a Notary Public, in and for ,. said County and State, Adam L. Sanders, Attorney for the Estate o Richard Forguiel, deceased, who, first bavin, been sworn by me according to law, did depose and state that be advertised the Petition to Establish Title once in the Washington County Reports and once in the Observer-Reporter Publishing Company, as directed by Court, and attached hereto are the Proofs of Publication of said advertising. Attorney for Estate of Richard Forguiel, dec' d Sworn to and subscribed before me this /~ay of ~19li. /1 //:7 ~~.~~fi-/ Notary PubliC My com.Exp: March 26, 1971 Washingto!l, Washington County, Penna. ' • Observer -Reporter WASHINGTON, PENNSYLVANIA PROOF OF PUBLICATION In compliance with the News·paper Advertising Act of 16 May, 1929, P. L. 1784, as amended. Commonwealth of Pennsylvania, County of Washington, SS: ........... . Personally ap.pear·ed before me, a Notary Public in and for said County and State, ........ .Ri.~.h~.~.4 .... ~ .. ! ..... G9.~~-~ ................ , who being duly s•worn according to law, deposes and says that he is the ... Sec.r.e.t.a.r,Y .............. .. of the Obs•erver Publishing Company, a Pennsylvania corporation, and its agent in this behalf; that the said Company is. the owner and publisher of the Observer-Reporter, succ•essor to The Washington Obs·erver, established Septembe•r 18, 1871, and The Washington Reporter, established August 15, 1808, a daily news.pape.r of general circulation, printed and published and having its place of busines•s at Washington, Washington County, Pennsyl- vania, where it or its prede·cessors have been established and published continuousiy for more than six months· prior to the publica:tion of the notice hereto at:tached; t11at the printed notice or advertisement hereto attached is a copy of an official advertisement, official notice, legal notice or legal advertis·ement, exactly as printed or published in the Ob:cterver-Reporter in its regular editions on the following d•ate or dates; ....................................................... May .... Z..l., ..... l9..7.9 .................................................. .. that neither th!e affiant nor the Observer Publishing Company is interested in the subject matter of s•aid notice or advertising and that all of the aUega: !~~n~r~!. this affidavit as to the time, place~ ;haract~l~ Sworn to and subscribed before me th~ .. day of..M~Y ... J.9.7..Q .... ~2"-!~~rr··~.'.~ WASHINGTON, WASHINGTON COUNTY MY COMMISSION EXPIHES MAY 6, 1972. NOTICE TO: CREDITORS, HEIRS AT LAW,, LEGATEES AND DEVISEES OF RICHARD FORGUIEL, DECEASED, late of the City of Washington, Penna., and all other interested persons: You are hereby notified that a Petition to Establish Title to Lot• Number 35 in the Mapleview Planl (Plan Book 6, Pages 10-11) on Mich-j igan Street, Washington, Penna.,, has been filed by Angeline Miscio under Section 756 of the Fiduciaries Act of 1949, returnable to Monday, August 17, 1970, at 10:00 o'clock A. I. M. Said Petition is filed at Number 63·70-508 in the Orphans's Court of Washington Couhty, Pennsylvania. 1 You are furtheJ; notified that on 'May 14, 1970, said Orphans' Court made a Decree Nisi adjudging the ~title to said realty to be in Phillip Rosatti; James Rosatti, Tony Ros-atti and Angeline Miscio, sole de· l visees and legatees of Richard For· guiel, and that if no exceptions are filed to this Decree Nisi by August 17, 1970, at 10:00 A. M., said Court will confirm said Decree Nisi ab· solutely and said Decree will be· come final and said title will be 1 decreed in said fo11r devisees of \Richard Forguiel, deceased, free of'' all of said decedent's debts not liens of record on the date of his death on February 9, 1969. '' Angeline Miscio, Petitioner 1198 Sunnybrook Drive Washington, Penna. 15301 . Adam L. Sanders, Attorn<-y 1 70120·Thurs.·lt 1 W ashmgta»n Calllllllllliy !R.epa»ri$ ti~"M'A'fN'=s'fR'EE:"t Washington, Pennsylvania PROOF OF PUBLICATION (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784 Sec. 3, paragraphs (3) and (25). CouNTY OF W ASWNGTON} STATE OF PENNSYLVANIA SS. Personally appeared before me, a Notary Public in and for said County and Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the official legal periodical for said Washington County, publis'hed weekly having its place of business at Washington, Washington County, Pennsylvania, and is act- ing as its agent in t'his behalf; that the said WASHINGTON COUNTY REPORTS was established on March 31, 1920, and was designated as the official legal publication for Washington County, Pennsylvania, by order of the several courts of said County, dated November 11, 1920; that the printed notice or adver- tisement attached hereto is a copy of a notice or advertisement, exactly as printed or published, which appeared in the said legal periodical in its regular issues on the following dates: .......... ~1~Y.: ... ? .. !.t. .. }.?..?.9. ........................................... . ' that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of this affidavit as to the time, place an~cha~cter of the public~are tv _&.J ___ J::: .. ~ .... LJc_.;U /)[___/ ____--' Editor - Sworn to and subscribed before m~~is . -~~-; ·-· : • -.:.. 21st M ---~PTPr------·······~···day of .......... ?.¥ .............................. , 19if. .. ~ .. ~ • ..... IL4d.~~-;__e_. __ }4_;_/~-~- Notary Public KATHERINE C. NICHOLAS, Notary Public . Washington, Washington Co., Pa. My CommiseiGn Expires November 1, 1973 NOTICE TO:· CREDITORS, HEIRS AT LAW; . I;.EGATEES AND DEVISEES OF RICHARD FORGUIEL. DECEASED late. of the City Of washington, · ·.Penna., and all other iitterested per- .sons: You are hereby_ notified. that a Peti- tion to Establish· Title to Lot Number 35 in the. Mapleview Plan (Plan Book 6, Pages· 10-11) on Michigan Street, Washington, Penna., has been filed by Angeline Miscio under Section .756 of the Fiduciaries Act of 1949, returnable to Monday, August 17, 1970. at 10:00 o;ciock A.M. Said Petition is fi)ed at Number 63-70-508 in the Orphans' Court of. Washington County~ Penns-ylvania. You are further notified that on May 14, 1970, said Orphans' Court made a Decree Nisi adjudging the title to said realty to ·be in Phillip Rosatti; James Rosatti,-Tony Rosatti ·and Angeline Miscio; sole devisees and legatees of Richard Forguiel, and that if no ex- ceptions are filed to this D.ecree Nisi by August 17, 1970, at 10:00 A.M., said Court will confirm said Decree . Nisi absolutely and said Decree will become final and said title wiJ.l be decreed in said four devisees of Richard Forguiel, deceased, free of all of said decedent's debts not liens of record on the date of his death on Feba-uary 9, 1969. Angeline Miscio, Petitioner 1198 Sunnybrook Drive Washington, Penna. 15301 1 Adam L. Sanders, Attorney J 6)38-1 ~ <;::) J<:: -,• l ~ "' . , IN THE ORPHANS' COURT OF WASHING'l'ON CXJUNTY, PENNA. No. 508 of 1970 Estate of: Richard Forguiel, Deceased FINAL DECREE ESTABLISHING TITLE ·tr/ .I :-:::-. YJ 1 r . .t..: rr; >, ~: ~J r~ ;.._: (;; ( "! :)~' ~; ;:;! .( ') ' ~~ ---. r·~ .,. . ~ ·": n R'f-~ -fi )i; : ~~j~~~ .. -~ ~· --.,. :--: ,J :;::; ......... t.ry i"'v ....... ·-( . -~--...... :·-·~ .. i ~r f ---.,. \.. ,~ .• ". f): ~\)~~ '\~~ ~~ADAM L. SANDERS \.j ATTORNEY AT LAW WASHINGTON, PA . WASHINGTON TRUST BUILDING /:h.3-.3~ r~ . \ > \ -\ k ... --.r IN 1'HE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA Estate of: ) • • Richard Forguiel, ) No. 508 of 1970 • . Deceased ) FINAL DECREE ES~LISHING TilLE AND NOW, August 17, 1970, it appearing to the Court that Notice of this Hearing upon the Petition of Angeline Misc~o to establish title to Lot Number 35 in the Mapleview Plan of Lots {Plan Book 6, pages 10-11) in tbe City of Washington, Washington County, Penna., has been given to all parties as di.reeted by Court, proof of said Notice having been·made by Affidavit and return receipts filed, the Nisi Decree of this Court dated April. 14, 1970, is confirmed absolutely and made final, noexoeptions having been filed to said Nisi Decree, the title to said Lot Number 35 aforesaid, as mar~ fully described in Deed Book 378, pag 484, and in paragraph S of the Petition, is adjudged to be in Phillip Rosati, James Rosati, Angeline Miscio, and Tony Rosati, share and share alike, free of all decedents debts not liens of rec9rd at the time of death of Richard Forguiel, on February 9, 1969, and regardless of the. provisions of any testamentary writing of the decedent probated after his death. The Court further directs that a certified copy of this Deere shall be recorded in the Washington County, Penna., Recoxder of Deeds Office, indexed under the names of Richard Forguiel, single, as Grantor, and Phillip Rosati, James Rosati, Angeline Miscio, and tony Rosati, as grantees, and that said Decree shall be properly registered in the Survey Bureau of the City of Washington, Penna. Taken to Recorder's Office by Hr.Sanders for Recording:Aug.l?-19