HomeMy WebLinkAbout03-25-08
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Gordon D. Osbourn No. ~ 1- 0 ~ - 0 33'6
also known as
, Deceased
Social Security No.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix
Decedent, dated 12/1/2003 and codicil(s) dated
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters of Administration
(c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship RQ$)dence J
"
.:::
\..: l
-
-
(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 404 Allendale Way, Camp Hill, Lower Allen Township, Pennsylvania
(list street, number and municipality)
Decedent, then 59 years of age, died December 3 ,2007, at 404 Allendale Way, Camp Hill, PA
(Location)
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 .................................................,..................,................................................ $
27,500.00
27,500.00
Real Estate 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:
Signature
Typed or printed name and residence
Colleen M. Gallaher
404 Allendale Wa
Cam Hill PA 17011
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge 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.
Sworn to and affirmed and subscribed
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before me this /7) 0 day of .
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en
Estate of Gordon D. Osbourn
DECREE OF REGISTER
Deceased
No. &1-()8"""~033t.~
also known as
'...LJ
Social Security No: 541-56-8335 Date of Death: 12/3/2007
AND NOW, Y'Y'o.:rck.. as /10.2/6 ,in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters !XI Testamentary 0 of Administration
are hereby granted to Colleen M. Gallaher
(c.I.a.. d.b.n.c.t; pendente lite; durante absentia; durante minoritate)
in the above estate and that the instrument(s), if any, dated December 1 , 2003
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters................................... .
Short Certificate(s) ...............
Renunciation ..........................
Affidavit ( ) .......................
8l'd F'i:lY~( )..'W.dL
Codicil.................................
JCP Fee .................................
Inventory & Tax Forms.............
Other ......................................
$ 0.,\D .00
IZ-oo
~4wru
$
$
$
$JS-- oC)
$
$ \ D . 00
$
$
L~1i . \
./ Attorney
S " OD
Attorney: Susan H. Confair
1.0. No: 70241
Address: 2331 Market Street
Camp Hill
Telephone: illlLY63-1383
DATE FILED: Q4:lS- / ()~
PA 17011
16c2.. 00
TOTAL .............................$
RW-7A
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November 24, 2003
LAST WILL AND TESTAMENT
OF
GORDON DEAN OSBOURN
I, GORDON DEAN OSBOURN, of Camp Hill, Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding, do hereby make, publish and declare this
my Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at
anytime heretofore made.
1. IDENTIFICATION OF FAMILY. I declare that I am not married. However that I have
one (1) child whose name is AMY ELIZABETH PERNICIARO. As used in this Will,
the term "my child" refers to all my natural children and adopted children. As used in this
Will, the term "issue" refers to all lineal descendants of the indicated person of all
generations, with the relationship of parent and child at each generation determined by the
definition of "childlchildren" set forth in this paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all
the expenses of (1) a funeral or memorial service; (2) the internment of my remains,
including the costs of a gravesite, if necessary; and (3) the installation and inscription of a
suitable marker at, and perpetual care of, the gravesite. I further direct my executor to pay
all of my debts that my executor in his or her sole discretion may allow as claims against my
estate.
3. SPECIFIC BEQUESTS. I give and bequeath the following:
3.1. To COLLEEN M. GALLAHER I give my television/stereo system, miscellaneous
electronics and whatever cash may be in my checking account at the time of my
death. IfCOLLEEEN M. GALLAHER does not survive me, I give these items to
AMY ELIZABETH PERNICIARO.
3.2. To AMY ELIZABETH PERNICIARO I give my book collection, art work and
wall hangings, antique wall clock and magic effects.
4. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. Except as provided for
above, I give all of my tangible personal property of every kind and description, including,
but not limited to, books, pictures, clothing, articles of household or personal use or
adornment, household furnishings and effects, and automotive vehicles and their accessories,
but excluding any money, evidences of indebtedness, documents oftitle, and securitieS-and
property used in com1ection with the operation of any trade or business, to my c:hild,per
stirpes. r~.~
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November 24, 2003
Any item of personalty passing to a minor under this Section 4 may be delivered to the minor
or to any person to hold for the minor, as my Executor thinks advisable, and the receipt of
any such persons, including the minor, shall constitute a full and complete discharge to my
Executor.
5. DISPOSITION OF RESIDUARY EST ATE. All ofthe rest, residue and remainder ofthe
property that I own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the time of
my death (my "residuary estate"), I give outright and absolutely to my child, AMY
ELIZABETH PERNICIARO; PROVIDED THAT, if my child shall predecease me
leaving issue who survive me, then I leave the share ofthat deceased child to her issue, who
survives me, per stirpes. FURTHER PROVIDED THAT ifmy child shall predecease me
and does not leave issue who survive me, I leave my residuary estate to CHRISTOPHER
PERNICIARO.
6. POWERS OF ADMINISTRATION.
6.1. Grant of Powers. My executor, in the administration of my estate, (my
"fiduciaries") shall have the powers and authorities set forth in this Article 6. These
powers and authorities may be exercised by my executor and trustee in their sole and
absolute discretion, without the permission or order of any court. These powers shall
be supplementary to those conferred by law, including, but not limited to, those set
forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
6.2. Retention of Assets. My fiduciaries shall have the power to retain any or all
property of my estate, however received and acquired, for so long as they deem
appropriate. This power may be exercised even though the property may not be of
the type authorized by law for investment, and even though the retention may leave
a disproportionately large amount of the value of my estate invested in one type of
property.
6.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or after my death.
The sale, transfer, or conveyance may be by public or private sale, at such time, on
such terms and conditions, including selling price and credit, in such manner, and for
any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
6.4. Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate in preferred and common stocks, bonds, notes, common trust funds
(including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any
property and in proportions of property as my fiduciaries deem advisable, even
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Gordon Dean Osbourn
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though the investments are not of the character or proportions authorized by
applicable law for the investment of the funds.
6.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate to secure
repayment of any loan, as well as the power to renew existing loans either as maker
or endorser.
6.6. Power to Hold ProDerty in Nominee Form. My fiduciaries shall have the power
to hold any property in the name of a nominee or in bearer form.
6.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests,
as amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
6.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in anyone or more of the following
ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the
debts or expenses ofthe beneficiary; (3) to the guardian ofthe person or estate ofthe
beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for
the beneficiary under any law related to gifts to minors, including to my fiduciaries
in that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds
so paid, provided due care was exercised in the selection ofthe person to whom the
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
6.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate may be invested largely or entirely in
the business, without liability for any loss resulting from lack of diversification; (2)
the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary
under this Will; and (3) the power to make any other arrangements in regard to any
business as my fiduciaries shall deem proper.
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6.10. Employment of Aeents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
6.11. Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate without the approval
of any beneficiary or of the court, but subject to allowance or disallowance on the
settlement of the final accounts of my fiduciaries.
6.12. Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
6.13 Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization(s) then my fiduciary is instructed to use
the value of said donation( s) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
7. PAYMENT OF DEATH TAXES.
7.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes
payable as a result oftaxes assessed on property passing under this Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
7.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death, limited to taxes assessed on property passing under this Will, shall be
paid out of my residuary estate and shall not be deducted or collected from any
beneficiary under this Will or other transferee.
8. EXECUTOR.
8.1. Appointment. I name, constitute, and appoint COLLEEN M. GALLAHER, as
executor of my estate. If COLLEEN M. GALLAHER shall not survive me, shall
not serve as executor for any reason, or shall cease to serve as executor for any reason
after appointment, I appoint AMY ELIZABETH PERNICIARO as successor
executor.
8.2. Bond Not Required. None ofthe individuals named in Section 8.1 shall be required
to furnish a bond for the faithful performance of his duties as executor.
9. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this
Will, in determining whether a person has survived me or another person, a person shall not
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be deemed to have survived me or another person ifhe or she dies within sixty (60) days of
my death or of the death of the other person.
10. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of
law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any
beneficiary under this Will, or to any other persons, except through actual fraud or willful
misconduct on the part of the executor or trustee. My executor may, from time to time,
consult with counsel with respect to the meaning, construction, and operation of this Will,
particularly with respect to the appointments, allocations, and disbursements, and may act
on the advice of counsel in all matters without incurring liability on account of his or her
actions.
11. INTERPRETATION.
11.1 Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor,
personal representative, or administrator, as the case may be.
11.2 Number and Gender. Ifrequired by the context ofthis Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
11.3 Headines. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
11.4 Governint! Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages, tp.e first four ( of which bear my signature in
the margin for the purpose of identification, this ~ day of :f'1~/~, 2003.
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GORDON DEAN OSBOURN, Testator
Signed, sealed, published and declared by the above-named Testator, GORDON DEAN
OSBOURN, as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in
his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as
M~esses. L /IL-
Witness~
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Witness
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Address
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November 24,2003
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I, GORDON DEAN OSBOURN, 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 AND TEST AMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY GORDON DEAN
OSBOURN, THE TESTATOR THIS 1"# DAY OF Dee Uu~ ,2003.
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GrN DEAN OSBOURN
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NOTARY PUBLIC
Notarial Seal ,
Susanne K. Sather, Notary Public
Camp Hill Boro, C~mberIand County
My Commission Expires Aug. 25, 2005
Member, Pennsylvania ASSOCiation otNotanes
COMMONWEALTH OF PENNSYLVANIA
)
: SS.
COUNTY OF CUMBERLAND )
....
WE, ~ I-iC~ AND Jj jLL4jL1JL/L/
THE WITNESSES WHOSE NAMES SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL
AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; 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 UNDUE INFLUENCE.
!-$(-
- DAY OF
~. SW. ORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS
, -f~~ '"'"~ ,2003. kt~-
WITNE&S'
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WITNESS
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N0TARY PUBLIC
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-
Notarial Seal .
Susanne K. Sather, Notary Public
Camp Hill Boro, c~mberland COllnJb'i
My Commission Expires Aug. 25, 2 -
Member, Pennsylvania Association ot Notaries
6