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
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·~ DAM L. SANDERS
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ATTORNEY AT LAW
WASHINGTON, PA.-/6~0(
WASHINGTON TRUST BUILDING
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Estate o:f: ) IN THE ORPHANS' COURT OF . .
Richard Forgiuel·, ) WASHING~ COUNTY; PENNSYLVANIA
Deceased
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) No 000 for 1970 r,--
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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
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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.
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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.
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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~~~~
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RICHARD FORGIUEL
ADAM L. SANDERS
ATTORNEY .AT LA.W
WASHINGTON, PA.
WASHINGTON TRUST BUILDING
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IN nm ORPHANS' COURT OF
WASHINGTON COUNTY, PENNA.
No. 508 of 1970
Estate of:
Richard Forguiel,
Deceased
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ADAM L. SANDERS
ATTORNEY AT I;J"-<{
WASHINGToN, PA.
WASHI,xST BUILDING
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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. ........................................... .
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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. .. ~ .. ~ •
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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
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IN THE ORPHANS' COURT OF
WASHING'l'ON CXJUNTY, PENNA.
No. 508 of 1970
Estate of:
Richard Forguiel,
Deceased
FINAL DECREE ESTABLISHING
TITLE
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~~ADAM L. SANDERS
\.j ATTORNEY AT LAW
WASHINGTON, PA .
WASHINGTON TRUST BUILDING /:h.3-.3~
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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