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HomeMy WebLinkAbout03-26-08 Harry L. Bricker, Jr., Esquire 407 North Front Street Harrisburg, PA 17101 Telephone - (717) 233-2555 E-mail-HLBLAW@verizon.net Attorney for Petitioners IN RE: ESTATE OF PAUL J. O'CONNOR, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. }1.O~-C3l15 PETITION FOR CITATION TO SHOW CAUSE WHY A PHOTOCOPY OF THE LAST WILL AND TESTAMENT OF PAUL J. O'CONNOR SHOULD NOT BE ADMITTED TO PROBATE 1. Your Petitioner is Sondra C. Petrasic, an adult individual who presently resides at 825 Altavista Avenue, Harrisburg, Pennsylvania 17111. Your Petitioner is the stepdaughter of the deceased, Paul J. O'Connor. 2. Your Petitioner is Janice G. Garrison, an adult individual who presently resides at 456 North Nyes Road, Harrisburg, Pennsylvania 17112. Your Petitioner is the stepdaughter of the deceased, Paul J. O'Connor. 3. Kevin Petrasic is an adult individual residing at 2114 Military Road, Arlington, Virginia 22207. He is the son of Petitioner, Sondra C. Petrasic, and the step-grandson of i' ' '-1 the Decedent. He served as an agent for the Decedent pursuant to a Durable Power of Attorney executed on October 15, 2005. A copy of the Power of Attorney is attached hereto, made a part hereof and marked Exhibit A. 4. The Decedent, Paul J. O'Connor, resided at 3609 Kohler Place, Apartment 18, Camp Hill, Cumberland County, Pennsylvania. His date of death was October 14, 2006. The Decedent was the stepfather of your Petitioners by virtue of his marriage on December 31, 1962 to their natural mother, Ann Deibler O'Connor, who died on October 10, 2005. 5. In October, 1967, the Decedent, Paul J. O'Connor, and his spouse, Ann Deibler O'Connor, each executed a Last Will and Testament. Both Last Wills left the Decedent's respective estates to the surviving spouse. Your Petitioners, Sondra C. Petrasic and Janice G. Garrison, were designated as the joint alternate beneficiaries. The Last Wills further directed the surviving spouse to serve as Executor and your Petitioners were jointly designated as the alternate Executrices. A copy of the Last Will and Testament of the Decedent, Paul J. O'Connor, is attached hereto, made a part hereof and marked Exhibit B. A copy of the Last Will and Testament of Ann O'Connor is attached hereto, made a part hereof and marked Exhibit C. 6. On numerous occasions, the Decedent told your Petitioners that all of his legal documents were in his safe located in his home. After his spouse passed away, the Decedent told your Petitioners that his Last Will named them as joint beneficiaries and joint Executrices and that the Last Will was located in the safe. 2 7. In approximately July, 2006, Petitioner, Janice G. Garrison, was visiting the Decedent and found him sorting through papers in his safe and shredding numerous documents. When asked what he was doing, the Decedent told her that he was only destroying old papers that he no longer needed. 8. The Decedent fathered no biological children and was the stepfather to your Petitioners ever since his marriage to their Mother in 1962. The Decedent named your Petitioners as beneficiaries on all of his life insurance policies and retirement accounts and, after the death of his Wife, the Decedent regularly told your Petitioners that they were his sole heirs. 9. Prior to the Decedent's death, he was ill for a lengthy period of time and was hospitalized several times. Your Petitioners assisted him in all of his medical and personal matters and cared for him daily during the final illness, including daily meal preparation, transportation and visits. 10. Priorto the Decedent's death, he provided his step-grandson, Kevin Petrasic, the son of Petitioner, Sondra C. Petrasic, with the combination of the safe and advised him that all of this estate planning documents were located in the safe. After the Decedent's death, Mr. Petrasic opened the safe and found numerous financial and personal documents, but was unable to locate the original Last Will of the Decedent. Instead, the only estate planning document located in the safe was a photocopy of the Decedent's Last Will. In addition to the photocopy of the Decedent's Last Will, Mr. Petrasic found in the 3 safe a photocopy of Ann O'Connor's Last Will which never required probate after her death. The original Last Will of Ann O'Connor was also never located. 11. Your Petitioners have diligently searched through all of the Decedent's personal papers and possessions and have been unable to locate the original Last Will nor have they located any documentation that would indicate that a subsequent Last Will was ever prepared or executed by the Decedent. 12. The Decedent is survived by two natural sisters, Mrs. Nancy Rees, who presently resides at 1601 Village Road, Orwigsburg, Pennsylvania 17961, and Mrs. Regina Yeasted, who presently resides at 609 Boone Street, Pottsville, Pennsylvania 17901. The Decedent had limited contact with his sisters; although he did speak to them by telephone approximately one time per week. The Decedent had no personal contact with his sisters in many years except for an occasional wedding or class reunion. Mrs. Rees and Mrs. Yeasted did not attend Ann O'Connor's funeral in October, 2005 nor did they spend any holidays together. The Decedent spent all holidays with your Petitioners and their families. Mrs. Rees and Mrs. Yeasted did attend the Decedent's funeral, but had no involvement in the planning or arrangements of the funeral. 13. Upon the Decedent's death, your Petitioners made and paid for all his funeral arrangements. Your Petitioners have also taken care of notifying all creditors and bank accounts of his death, but have been unable to formally administer the estate. 4 14. Your Petitioners request that the photocopy of the Last Will and Testament of Paul J. O'Connor be admitted to probate and your Petitioners, Sondra C. Petrasic and Janice G. Garrison, be directed to serve as Co-Executrices for the estate. WHEREFORE, your Petitioners respectfully request that a Citation be awarded and directed to the Decedent's natural sisters, Mrs. Nancy Rees and Mrs. Regina Yeasted, to show cause why the photocopy of the Last Will and Testament of Paul J. O'Connor dated October, 1967, should not be admitted to probate as if it were the original. Respectfully submitted, J I \ .~ ./' ~ '1., - Harry l.(."'Sricker, Jr., Esquire 407 North Front Street Harrisburg, PA 17101 Telephone - (717) 233-2555 E-mail -HLBLAW@verizon.net Attorney I.D. No. - 07049 Attorney for the Petitioners \. \ Date':'-'::;' "L ~ .;, \ 5 VERIFICA TION I, Sondra C. Petrasic, hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein subject me to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. 3 /~'f /0 f, Date I ( ~ {!O~ Sondra C. Petrasic I EXHIBIT I A DURABLE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I Paul J. O'Connor 3609 Kohler Place, Apt. #18 Camp Hill, P A 17011 do hereby make, constitute and appoint Kevin L. Petrasic 2114 Military Road Arlington, VA 22207 my true and lawful attorney for me and in my name, place and stead, and in my behalf, and for my use and benefit: 1. To exercise or perform any act, power, duty, right or obligation whatsoever that I now have, or may hereafter acquire the legal right, power, or capacity to exercise or perform, in connection with, arising from, or relating to any person, item, transaction, thing, business, property, real or personal, tangible or intangible, or matter whatsoever. 2. To request, ask, demand, sue for, recover, collect, receive, and hold, possess and invest all sums of money, debts, commercial paper, checks, drafts, accounts, deposits, bequests, devises, notes, interests, bonds, dividends, certificates of deposit, any and all documents of title, choses in action, and demands whatsoever, whether agreed to or disputed, as now are, or shall hereafter become, owned by, or due, owing payable, or belonging to, me or in which I have or may hereafter acquire any interest, to have, or use; and take all lawful means and equitable and legal remedies, procedures, and writs in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same; and to make, execute, and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other proper discharges for the same as if done by me personally. 3. To maintain, repair, improve, manage, insure, rent, lease, grant, bargain, sell, exchange, pledge and contract for all of the foregoing, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I now own or may hereafter Page 1 of 4 acquire, in my behalf, and in my name; and to effect any or all of the above- described transactions to any entities on such terms. and at prices my attorney-in- fact may deem proper, and in my name to make, execute, acknowledge and deliver any deed of conveyance or other instrument, necessary to effect such transactions; and to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me by reason of such transaction. 4. To conduct, engage in, and transact any and all lawful business of whatever nature or kind for me, on my behalf and in my name. 5. To receive, deposit, hold, invest or cash all paYments which I receive from Social Security, Medicare or any other government program or agency, annuities, pension and retirement benefits, insurance benefits and proceeds and to request, ask, demand, sue for and recover same. 6. To make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, contracts, agreements, options, covenants, conveyances, deeds, trust deeds, security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills of lading, warehouse receipts, documents of title, bonds, debentures, checks, drafts, bills of exchange, letters of credit, notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts and deposit instruments relating to accounts or deposits in, certificates of deposit of, or investments with or through banks, savings and loan brokers, mutual fund companies or other institutions or associations, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, lien, judgments, security agreements and other debts and obligations and such other instruments in writing of whatever kind and nature as may be necessary or proper in the exercise of the rights and powers herein granted. 7. To enter any safe deposit box, vault or other storage area leased by me alone or in conjunction with any other person, to sign such documents as may be necessary to gain access to same, and to examine, remove and keep the contents of same fully as I could if I were present. 8. To prepare, or cause to be prepared, federal, state and local tax returns and Internal Revenue Service, state and local powers of attorney; to execute and file federal, state and local tax returns on my behalf and in my name; to respond to notices and audit inquiries and to settle tax disputes. 9. To deal with and elect options under retirement plans including but not limited to annuities, pension plans, profit sharing plans, individual retirement Page 2 of 4 accounts, rollovers, transfer and voluntary contributions of same; to apply for and maintain life insurance; to complete charitable contributions; to make statutory elections and disclaimers; and to settle, pursue, or appeal litigation on my behalf and in my name. 10. To make, execute, deliver and complete gifts of my property, whether real or personal, tangible or intangible, and without regard to whether such gifts are a part of estate planning or otherwise, and regardless of whether such gifts are a part of a pattern begun by me. 11. I grant to said attorney full power and authority to do, take, and perform, all and every act and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully for all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that said attorney, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. 12. No person shall be required to inquire as to the circumstances of the issuance or use of this instrument or as to the disposition of any proceeds paid to my attorney based on this instrument. 13. This is a durable power of attorney. The rights, powers, and authority of my agent shall commence and be in full force and effect on the date of execution of this instrument, and such rights, powers, and authority shall remain in full force and effect thereafter until my death. This power of attorney shall not terminate on my subsequent disability or incapacity. As used herein, "disability" or "incapacity" shall mean that my ability to receive and evaluate information effectively or to communicate decisions, or both, is impaired to such an extent that I lack the capacity to manage my financial resources as determined by the certification of one licensed physician, and shall include by inability to take actions due to involuntary detention or disappearance, as determined by affidavit of one party with knowledge regarding the same. I hereby waive any physician-client privilege for this limited purpose and authorize the disclosure or such certification by the physician to my agent for use by that person as necessary hereunder. 14. My attorney shall not be compensated for servic~s performed or activities carried out on my behalf pursuant to this Durable Power of Attorney. Page 3 of4 If this Durable Power of Attorney is terminated by operation of law, any person acting in reliance upon it without notice of such termination shall be held harmless. The enumeration of specific terms, rights, acts or powers is not intended to limit the definition or scope of powers granted herein. IN WITNESS WHEREOF, Pa..qI J. O'Connor has executed this Durable Power of Attorney on /61.... (JC1 ~ OS ~t-iJ(.L~ Pfll79 i( ~ ~d.'~ ,-- ~.o ~____ Paul J. O'<%nnor Notary's Acknowledgment State of Ff"/ViV S1 LvA N i ,\ ) ) ss ) County of C~fI3-(\M'} On this /tj Oc.rQ:x:6 , before me personally appeared Paul J. O'Connor, to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that Paul 1. O'Connor executed the same as his free act and deed. \~ Notary Public . NOTARIAL SEAl CHARlES A. HARBOLD. NoIBJy Pubic Camp HUI Boro, ~...talld County My Cornrnlsskln Expn8 Dec. 30, 2006 Page 4 of4 EXHIBIT IB LAST WILL AND TESTAMENT I, PAUL J. O'CONNOR, of 4639 Fritchey Street, Harrisburg, Pennsylvania, do hereby make my Last. Will and TestameJlt and revoke all Wills by me at any time heretofore made. FIRST: .I direct the payment out of my estate of the expenses of my last illness and funeral. . SECOND: I give, devise and bequeath all of my estate, real and personal, to my wife, Ann O'Connor, her heirs and assigns forever. THIRD: In the event my said wife. Ann O'Connor, does not survive me, then I give, devise and bequeath all of my estate, real and personal, to my daughters, Sondra Petrasic and Janice Garrison, share and share alike, their heirs and assigns forever. FOURTH: I nominate. constitute and appoint my said wife, Ann O'Connor. Executrix of this my Will, and I direct that she shall not be required to enter security in any jurisdiction in which she may act. In the event my said wife, Ann O'Connor, does not survive me, then I nominate, constitute and appoint my daughters. Sondra petrasic and Janice Garrison, Executrices of this my Will. and I direct that they shall not be required to enter security in any jurisdiction in which they may act. IN WITNESS WHEREOF. I have set my hand and seal to this my Last Will and Testament this day of October, 1967. v~ hJ () I aL--.-,----.---r~RAL} pa~J. O' Connor We. the undersigned witnesses. in the presence of the above-nam d Testator and in the presence of each other. did hear Paul J. O'Connor decl e the foregoing to be his Last Will and Testament and did witness the signing of the same by him. --j//~.7?17 *F:.-vj~-- '1- ? I ->:. ~.j. u.~. ~-r..v-dL , LAST WILL AND TESTAMENT I. ANN (>'CONNOR. of 4639 Fritchey Street. Harrisburg. Pennsylvania. do hereby make my Last Will and Testament and revoke all Wills by me at any time heretofore made. FIRST: I direct the payment out of my estate of the expenses of my last illness and funeral. . . SECOND: I give. devise and bequeath all of my estate. real and personal. to my husband. Paul j. O'Connor. his heirs and assigns forever. THIRD: In the event my said husband. Paul J. O'Connor. does not survive me, then I give. devise and bequeath all of my estate, real and personal. to my daughters. Sondra Petrasic and Janice Garrison, share and share alike. their heirs and assigns forever. FOURTH: I nominate. constitute and appoint my said husband, Paul J. O'Connor. Executor of this my Will. and I direct that he shall not bl required to enter security in any jurisdiction in which he may act. In the event my said husband. Paul J. O'Connor. does not survive me. then I nominate. constitute and appoint my daughters, Sondra Petrasic and Janice Garrison. Executrices of this my Will. and I direct that they shall not be required to enter security ma.ny jurisdiction in which they may act. IN WITNESS WHEREOF. I have set my hand and seal to this my Last Will and Testament this day of October. 1967. ~6'(~ Ann 01C6~0 r-I (SEAL) We. the undersigned witnesses, in the presence of the above-nam d Testatrix and in the presence of each other. did hear Ann O'Connor declare the foregoing to be her Last Will and Testament and did witness the signing of the same by her. A /1 ~ /f'r-i/' Illa~ .1C7if.JZ-,'--- /h , , " t1, l}lifl. ~. :~jru~il.- EXHIBIT I C-