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Home My WebLink About02-21-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of. Michael Potochney also known as File Number 'J. \ " ,/.., \....' lJ C\(6'~ , Deceased Social Security Number 170-12-4717 Lorraine S. Potochney-Kobold Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix last Will of the Decedent dated September 11,2006 and codicil(s) dated named in the ;:~) -. =!,) -"- '; " ~ f~- j. (State relevant circumstances, e.g., renunciation, death of executor, etc.) ') r'.....:;. Except as follows. Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of.theinstrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration ,:-:.' (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritGie) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) c= Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 819 Linwood Street. New Cumberland. Cumberland County. Pennsylvania 17070 (List street address, town/city, township, county, state, zip code) Decedent, then 92 years of age, died on February 9, 2008 Township. Dauphin County. Pennsylvania at Carolyn Croxton Slane Hospice Residence, Susquehanna Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania 100,000.00 $ $ $ $ situated as follows: 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 form to the undersigned: c T ed or rinted name and residence Lorraine S, Potochney-Kobold, 819 Linwood Street, New Cumberland, PA 17070 (I) lli,.L.-t...{ Form RW-02 rev. /0./3.06 Page 10f2 Oath of Personal Representative COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the know ledge and belief of Petitioner( s) and that, as personal representative( s) of the Decedent, Petitioner( s) will well and truly administer the estate according to law. before me the ~ Signature of Personal Representative Signature of Personal Representative (:-~ J i".) File Number: ~ / ~c2{J)6 - cJ/ gf r"~- .~ Estate of Michael Potochney , Deceased Social Security Date of Death: February 9, 2008 AND NOW, , o.:zJ06, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS D REED that Letters TESTAMENTARY are hereby granted to LORRAINE S. POTOCHNEY-KOBOLD in the above estate and that the instrument( s) dated September 11, 2006 described in the Petition be admitted to probate and filed of re 150D pc.U 5cJU Attorney Signature: FEES Letters $ J/o. Db ~.oo Short Certificate(s) . . . . . . . . $ Renunciation(s) ..,....... $ tl.J;f I $ ~D ~ $ $ $ $ $ $ TOTAL.. . ... .. .. .. .. $ e:Lf.JlO ~ Attorney Name: Supreme Court LD. No.: 76327 Address: 4431 North Front Street, Third Floor Harrisburg, P A 17110 Telephone: 717-234-2401 Form RW-o.2 rev. /0. /3.0.6 Page 2 of2 H105.805 REV 101/07, ()~-)g~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Certification Number 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 a::~ 1J;~~g. (f FtfR 1 I Z008 Local Registrar Date Issued P 14121880 . ":--- , REV 11 f2OO6 I PRINT IN MANENT ICK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) 819 Lin~)od Street New Cumberland, PA 17070 18. Father's Name (Flrst. middle, lasl, suffix) Micha,el Potochney 12. Was Decadent ever in the U.S. Armed Forces? IXlv" ONo Decedenfs ActuaJ Residence 17 a. Stale 17b. County STATE FILE NUMBER 12 4717 2008 1. Name 01 Decedent (First. middle. last, suffix) 5. Age (Last Birthday) 6. Date 01 Birth (Month, da , year) 92 v... April 2, 1915 Freeland, PA Other: o Nursing Home 0 Residence 9. Was Decedent of Hispanic Origin" (E No 0 Yes 111 yes, specify Cuban. Mexican, Puerto Rican, etc.) 14. Marital Status: Married, Never Married, W~owed, Divorced (specifyj Widowed osp ce ~Oth.r. SpllCii-,Residence 10. Race: American Il'Idian, Black, While, etc (Specifyj 8b. County of Death Dauphin ad. Facility Name (If not institution, give street and number) Susquehanna Twp. Carolyn Croxton Slane Hos ice Residence Pennsylvania Cumberland 17c. 0 Yes, Decedent Lived in 17d.1XI :;u~=t~lNedWdhin New Cumberland white Twp. City/Boro 208. Informant's Name (Type I Print) Lorraine S. -Kobold 19. Mother's Name (Rrst, midde, maiden surname) Ellie Schugar 20b. Informanfs Mailing Address (Street, clty I town, state, zip code) 819 Linwood Street, New Cumberland, PA 17070 . ~ Comp 2 -coolywl>encernfying physician is not available at timaol death to certllycauseofdeath 2k Place of Disposition {Name of cemetery, crematory or other place) Juniata Memorial Park 21d.location (City ftown, slate, zip COde} Lewistown, PA 17044 Inc., P.O. Box 431, New Cumberland, PA 17070 Ov" ONO 31. Manner 01 Death [E Natural 0 Homicide o Accidenl 0 Pending Investipation o Suicide 0 Could Not be Determined Approximate interval: Part 11: Enter other siClliflcant conditions contributioo to death, 28. Did Tobacco Use Contribute to Death? Onset 10 Death 001 not resulting 11llhe underlying cause gjy8n in Part I 0 Yes 0 Probably o No 0 Unknown 29. If Female: o Not pregnant within past year o Pregnant at time 01 death o Not pregnant, but pregnant within 42 days of death o Not pregnant, bul pregnant 43 days to 1 year beloredeath o Unknown if pregnant within the past year 32c. Place ollniury: Home, Farm, Street. ~actory, Office Building, etc. (Specify) R N ;;t;J.70 23b. license Number Items 24-2B must be completed by person . who pronoooces death. 25. Date ProoouncedOee<l (Month, day. year) Fe...'o rt.\.ovr" 9 CAUSE OF DEATH (See Instructions and examples) Item 27. Part 1: Enter the QbaiI:l.j;!l...iYmlli diseases. injuries, or compbfions - that directlyawsed ltle dellh. 00 NOT enter!erminal respiratory arn~sl, or V$ntricutar fibrillation without showing the etiology. Ust only one cause on each 6ne. IMMEDIATE CAUSE (Final di.....or ~. /' _ , , _ t7..__ condition resulling in death) _....... a. _ ~ Due to (or as a consequence : ~uen:l~is~~~.~ ~~;a. b En~ UNDERLYING CAUSE Due to (or as a consequence 01): =~=ryh'lU:~1r.mhe ~oo8 Due to (or as a consequence of): d. 3Oa. Was an Autopsy Performed? 3Ob. Were AutopSy FIndings ,f.vailaIMPrioflo~ 01 Cause of Death? o Yes 121 No 32.d. 1irne 01 Injury 32g. Location ot Injury (S1ree1. city / town, state) M. 338. Certifier (Check only one) Certifying physician (Physician cer1lfying cause o( deatll 'IitlQn 8f1Ofhef physician h8ti pronounced death and completed ttem 23) To the bes1 of my \U1<Clwte6ge, death occurred due to the cause(s) and manner" stIted... _.. _ _.. _ _........... _ _.. _... _........ _.... _.... _...... 0 ~:~CX:~~f~ =:J:a~~:d::~~; :~I=:n~;~~~:~n~ol~::~~~~ manner as staled_ _.. _.. _ .. _ _.. _ _.. _.. _ .. _ 0 ~;:~~~::~~~:t: and ( or investigation, In my opInion, death occurred at the time, date. and place, and due to the cause(s) and manner as stated.. 0 35. Registrar' ~ 1 021 II ...71 / II' I DispoSition Permit No. C(jC( <.\ ()'1 '7 7078-1-5/Will/HDR/crm 9/1/06 11:48 AM ~', r'. t "~ I LAST WILL AND TESTAMENT :-~\ . OF MICHAELPOTOCHNEY I, MICHAEL POTOCHNEY, presently of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament hereby revoking all Wills and Codicils previously made by me. MARIT AL STATUS I declare that I am a widower. CHILDREN I have one (1) child, now living, whose name and date of birth are as follows: LORRAINE S. POTOCHNEY-KOBOLD born August 11, 1956 All references in this Will to my child include only the child named above. PERSONAL PROPERTY ARTICLE I I give all of my household furnishings and tangible personal property to my daughter, LORRAINE S. POTOCHNEY-KOBOLD, presently of New Cumberland, Pennsylvania, provided she survives me by thirty (30) days. Ifmy daughter, LORRAINE S. POTOCHNEY- KOBOLD, fails to survive me by thirty (30) days, then I direct that all of my household furnishings and tangible personal property be sold and the proceeds added to my residuary estate. RESIDUE ARTICLE II I give the rest, residue and remainder of my estate to my daughter, LORRAINE S. POTOCHNEY-KOBOLD, provided she survives me by thirty (30) days. Should my daughter, LORRAINE S. POTOCHNEY-KOBOLD, fail to survive me by thirty (30) days, then the rest, residue and remainder of my estate shall be divided and distributed as follows: A. Fifty (50%) percent of my residuary estate to my daughter's husband, KIRRK E. KOBOLD, presently of Pickering, Ontario, Canada, provided he survives me by thirty (30) days. Should my daughter's husband, KIRRK E. KOBOLD, fail to survive me by thirty (30) days, then I direct that his fifty (50%) percent share of my residuary estate be divided and distributed equally between COLLEEN T. ALBRIGHT, presently of Sunbury, Pennsylvania, per stirpes, and MICHAEL W. POTOCHNEY, presently of Newark, Delaware, per stirpes. Should both COLLEEN T. ALBRIGHT and MICHAEL W. POTOCHNEY predecease me and leave no surviving issue, then I give this fifty (50%) percent share of my residuary estate to the SACRED HEART ROMAN CATHOLIC CHURCH of Lewistown, Pennsylvania. B. Twenty-five (25%) percent of my residuary estate to COLLEEN T. ALBRIGHT, per stirpes, such that any issue shall represent and take their deceased Page 2 of 9 Pages parent's share. Should COLLEEN T. ALBRIGHT predecease me and leave no surviving issue, then I give this twenty-five (25%) percent share of my residuary estate to MICHAEL W. POTOCHNEY, per stirpes, such that any issue shaH represent and take their deceased parent's share. Should MICHAEL W. POTOCHNEY predecease me and leave no surviving issue, then I give this twenty-five (25%) percent share of my residuary estate to the SACRED HEART ROMAN CATHOLIC CHURCH. C. Twenty-five (25%) percent of my residuary estate to MICHAEL W. POTOCHNEY, per stirpes, such that any issue shaH represent and take their deceased parent's share. Should MICHAEL W. POTOCHNEY predecease me and leave no surviving issue, then I give this twenty-five (25%) percent share of my residuary estate to COLLEEN T. ALBRIGHT, per stirpes, such that any issue shaH represent and take their deceased parent's share. Should COLLEEN T. ALBRIGHT predecease me and leave no surviving issue, then I give this twenty-five (25%) percent share of my residuary estate to the SACRED HEART ROMAN CATHOLIC CHURCH. EXECUTRIX ARTICLE III A. Appointment. I appoint my daughter, LORRAINE S. POTOCHNEY- KOBOLD, as the Executrix ofthis Will. In the event of her death, resignation, renunciation or inability to act in that capacity, then I appoint my daughter's husband, KIRRK E. KOBOLD, as the Executor ofthis WiH in her place and stead. lfmy Page 3 of 9 Pages daughter's husband, KIRRK E. KOBOLD, is unable or unwilling to serve in that capacity, then I appoint MICHAEL W. POTOCHNEY as the Executor of this Will. B. Bond. No bond or other security shall be required of any Executrix or Executor appointed in this Will. C. Compensation. The Executrix or Executor shall receive reasonable compensation for her or his services performed as determined by the Court in which this Will is admitted to probate. EXECUTRIX POWERS ARTICLE IV I give my Executrix in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate, to be exercised from time to time in the discretion of my Executrix without further order or license of the Register of Wills or of any Court: A. Investments. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to compromise claims, and to sell any property at public or private sale; B. Securities. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; Page 4 of 9 Pages C. Lith~ation. To engage in litigation and compromise, arbitrate or abandon claims; D. Distributions. To make distributions in cash or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; E. Tax Return. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; F. Loans. To payoff any loans I may have taken against life insurance policies owned by me that remain unpaid at the time of my death; G. Borrowin2 and Encumberin2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; H. Property Mana2ement. To manage, control, repair and improve all personal and real property; I. Insurance. To procure and carry at the expense of the estate, insurance of the kinds, forms and amounts deemed advisable by the Executrix to protect the estate and the Executrix against any hazard; J. Employment of Attorneys. Advisors and Other A2ents. To employ any attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed Page 5 of 9 Pages necessary in the discretion of the Executrix; and to pay from the estate reasonable compensation for all services performed by any of them; K. Business Operation. To conduct alone or with others any business in which I am engaged or in which I have an interest at my death, with all the powers of any owner with respect thereto, including the power to delegate discretionary duties to others, to invest other property held hereunder in such business and to organize a partnership or corporation to carryon such business; L. General. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of her fiduciary obligations. The enumeration of certain powers in this Will shall not limit the general or implied powers ofthe Executrix. The Executrix shall have all additional powers that may now or hereafter be conferred on the Executrix by law or that may be necessary to enable the Executrix to administer the provisions of this Will, subject to any limitations specified in this Will. NO ALIENATION ARTICLE V No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. Page 6 of 9 Pages NO CONTEST ARTICLE VI If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary or remainderman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. LEGALITY OF ARTICLES ARTICLE VII If any provision of this Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. TAXES ARTICLE VIII All estate, inheritance and succession taxes, together with any interest and penalties thereon, payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my estate. Page 7 of 9 Pages IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of nine (9) typewritten pages, including this attestation clause, to be executed, declared and published this I ' day of 5~ at River Chase Office Center, 4431 North Front Street, Harrisburg, Pennsylvania. ,2006, ~-J~~ MICHAELPOTOCHNEY (SEAL) Signed, sealed, published and declared by the above named MICHAEL POTOCHNEY, Testator, as and for his Last Will, in the presence of us and each 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 the day and year last above written. dll(jlU{0-~ ;' l~~LlM~ Residing at -1'1 CE-, e,\'?ttOV:. ~ 0 (L . ~2e (S~Q..6 , {) ft- \ ( ( 10 / '. Residing at <:-.:)lo (C"rJ-rb ( Df' 00L~..^~".d-C~Uf\ /)4 I "7D'l3 , --J.-.l I. ~~['1~ Residing at \2L\o Fo~ HC1l \ow1<d. She:.rf'r\~("\~ l)<s \e;-P~ \!CAo Page 8 of 9 Pages COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN . We, MICHAEL POTOCHNEY, the Testator, arJ/lJJ<;:'-Lu.:... ~-.. . .,--- , Chr",c!.N. rL H lOl andM .<::l->ele. L<:rurnper, the witnesses~'are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness and that to the best of his or her knowledge the Testator was at that time eighteen ( J 8) years of age or older, of sound mind and under no constraint or undue influence. ~-/ .iP~ Gf\\LltcL t: ).1c~ MICHAEL POTOCHNEY Witness . ~; ,~,-- ~-"tl~, t.1'\\Y'(\plh~ Witness / WIln ss Subscribed, sworn to and acknowledged before me by MICHAEL POTOCHNEY, the T estat~r, and subscribed and sworn to before me bctJ f ~~~' , C ~,,~ I jl/ d.> 1 and _M ic\'}e\e. E ,;:ju.rnper -'. witnesses, this l\~dayof ~~~~ Notarial Seal Vicky L. Fitz, Notary Public Susquehanna Twp., ~auphin County My Commission Explfes Jan. 6, 2007 Member Ppn,',;vIVilnia Association of Notanes Page 9 of 9 Pages