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HomeMy WebLinkAbout02-14-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of JAMES THOMAS O'CONNOR also known as J Thomas O'Connor COUNTY, PENNSYLVAbb NIA File Number 21-2011..- a 1 ~~ Deceased Social Security Number JOSEPH OLIVETTI Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `8' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the last Will of the Decedent, dated 12/15/2009 and codicil(s) dated State relevant circumstances, e. g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: - _- ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b. n. c. t. a.; pedente liter durante absentia; durante minoritate) 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 on Section A above and complete list of heirs); was not the victim of a kllling; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: Name Relationship ,~~~ Residence ~ ~~~=~ ... . u . ,,~ b i 1 r i '~T rT~ ~w '_' .t '~ ~ ~F° I . J. ., ~,j r ~ -. .i . , ~/' ~~ _ _ (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. `o -~ "~ '~~ ~ ~ i Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~-, 109 34th Street, Borough of Camp Hill, Cumberland County, Pennsylvania (List street address, town/city, township, county, state, zip code) Decedent, then _~4 years of age, died on 01/30/2011 at Carolyn Croxton Slane Home, Susquehanna Township, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 160,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 155,000.00 situated as follows: 109 34th Street, Camp Hill, Cumberland County, PA 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 ""'~ {~ ~ JOSEPH OLIVETTI 399 West Marble Street ~~~~~~~~~~ Y 1,~~ , - ~~ Mechanicsburg, PA 17055 Form RW-O~ Rev. 12-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } 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 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 or affirmed and subscribed Chi before me this _~~ _,_~ day of ~~ For e hegister ti~ of Signature of Personal Representative Signature of Personal Representative ,mil ~ ~'.'~ r~- ~~~ ,.,. r ~, rj ~~ File Number: 21-2011 ~- Estate of JAMES THOMAS O'CONNOR --n --~ ,Deceased r~_.- f "~~ -~`° ~~: ~.:, r~ ~.. r ~ f-...~ r - '+.~ ~ ~r~ Social S cur' Number: 184-36-6159 Date of Death: 01/30/2011 AND NOW, ~ ~ I , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT DECREED that Letters Testamentary are hereby granted to JOSEPH OLIVETTI in the above estate and that the instrument(s) dated 12/15/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES ~i ~ ~~ Letters .......................................... $ IG' ~( Short Certificate(s) .............U......... $ 32 ~ O Renunciation(s) ............................ $ ~jII $~ ,,qtr t ~ $ ,g . ~ a $ $ $ $ $ TOTAL ................................... $ 4. i ' ~ ~ U ..~. Attorney Signature: Attorney Name JOSEPH OLIVETTI 'JERRY R. DUFFIE Supreme Court I.D. No.: 09601 JOHNSON, DUFFIE, STEWART & Address: 301 MARKET ST. PO BOX 109 LEMOYNE, PA Telephone: (717) 761-4540 Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 ~~~.r~~~~~~~~~~~ .. ~iagt ~iCC anb aGestament OF J. THOMAS O'CONNOR }_. , -~ ~ ~ T~~ ~. -~ t 3 r~,t I i ~ ~ ` ,, ,. ~ ~ j ~ ~ ~ ~~~ . .:.~ 3.3 ,,.„ ..W_ t - _ t ~. ~ . ~ . ~.~ , -~-, I, J. THOMAS O'CONNOR, of the Borough of Camp Hill, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, hereby revoking and making void any and all former wills made by me. I. I direct that all my legal debts and funeral expenses, including my grave marker, and all expenses of my last illness, shall be paid from my residuary estate as soon as practical after my decease as part of the expense of the administration of my estate. II. I bequeath my automobile or automobiles, household and personal effects and other tangible personalty of a like nature (not including cash or securities), together with any existing insurance thereon, to my children, MAUREEN C. O'CONNOR and JAMES THOMAS O'CONNOR, JR., to be divided between them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. Any such article allocated to a minor may, as my Executor thinks advisable, either be delivered to the minor or any person to hold for the minor, or be sold and the proceeds paid to the Trustee and distributable to the minor as provided in Paragraph IV-B hereof. III. I bequeath the sum of Ten Thousand ($10,000.00) Dollars to THE MOST REVEREND KEVIN C. RHOADES, BISHOP, ROMAN CATHOLIC DIOCESE OF HARRISBURG, or his successor, in the name and memory of J. Thomas O'Connor, to be held and invested and the annual income derived therefrom is to be used exclusively for the benefit of TRINITY HIGH SCHOOL. Iv. I bequeath the sum of Ten Thousand ($10,000.00) Dollars to THE MOST REVEREND KEVIN C. RHOADES, BISHOP, ROMAN CATHOLIC DIOCESE OF HARRISBURG, or his successor, as a scholarship fund in the name and memory of J. Thomas O'Connor, to be held and invested and the annual income derived therefrom to be used for tuition assistance for students or former students of Good Shepherd Catholic School that attend Trinity High School. V. I bequeath the sum of Five Thousand ($5,000) Dollars to THE MOST REVEREND KEVIN C. RHOADES, BISHOP, ROMAN CATHOLIC DIOCESE OF HARRISBURG, or his successor, to be used and applied for the exclusive benefit of GOOD SHEPHERD CATHOLIC CHURCH. V1. I bequeath the sum of Five Thousand ($5,000) Dollars to PENNSYLVANIA STATE UNIVERSITY. VII. I devise and bequeath the residue of my estate of every nature and wherever situate as follows: A. One-half (1/2) thereof to my daughter, MAUREEN C. O'CONNOR. Should my daughter, MAUREEN C. O'CONNOR, predecease me, !devise and bequeath her share to her then living issue, per stirpes, and in default of said issue, I devise and bequeath said share to my son, JAMES THOMAS O'CONNOR, JR., provided he is then living. If my son, JAMES THOMAS O'CONNOR, JR., is then living and his share is then being held in Trust, then I direct that the share to be distributed to him pursuant to this provision shall become part of said Trust. In the event that my daughter, MAUREEN C. O'CONNOR, is not survived by issue and my son, JAMES THOMAS O'CONNOR, JR., is not living at the time of my daughter's death, then, in that event, said share shall be distributed to THE MOST REVEREND KEVIN C. RHOADES, BISHOP, ROMAN CATHOLIC D10CESE OF HARRISBURG, or his successor, to be held and invested and the annual income to be distributed, 2 equally, to GOOD SHEPHERD CATHOLIC CHURCH and TRINITY HIGH SCHOOL. B. One-half (1/2) thereof to the Trustee, hereinafter named, in Trust for the following uses and purposes: 1. To expend and apply so much of the net income (any income not expended or applied to be accumulated and added to principal) and so much of the principal of the Trust as Trustee shall, in Trustee's sole and absolute discretion, consider advisable for the education (including trade school and college education, both graduate and undergraduate) for my son, JAMES THOMAS O'CONNOR, JR.. 2. When my son, JAMES THOMAS O'CONNOR, JR., attains the age of thirty (30} years, Trustee shall distribute one-third (113) of the then remaining principal of the Trust to my son and thereafter, Trustee shall pay to my son the net income together with so much of the principal thereof as Trustee shall, in Trustee's sole and absolute discretion, consider advisable for the support of my son after taking into consideration his other readily available assets and sources of income. 3. When my son, JAMES THOMAS O'CONNOR, JR., shall attain the age of thirty-four (34) years, Trustee shall distribute one-half (1/2) of the then remaining principal of the Trust to my son. 4. When my son shall attain the age of thirty-seven (37) years, the Trust shall terminate and the Trustee shall distribute to my son the then remaining principal, together with any accumulated or undistributed income. 5. Should my son, JAMES THOMAS O'CONNOR, JR., die before attaining the age of thirty-seven (37) years, the then remaining principal shall be distributed to his then living issue, per stirpes, and in default of said issue, said share shall be distributed to my daughter, MAUREEN C. O'CONNOR, 3 provided she is then living. In the event that my daughter, MAUREEN C. O'CONNOR, has predeceased my son, JAMES THOMAS O'CONNOR, JR., then his share shall be distributed to my daughter's then living issue, per stirpes, and in default of said issue, 1 then direct that said share shall be distributed to THE MOST REVEREND KEVIN C. RHOADES, BISHOP, ROMAN CATHOLIC DIOCESE OF HARRISBURG, or his successor, to be held and invested and the annual income to be distributed, equally, to GOOD SHEPHERD CATHOLIC CHURCH and TRINITY HIGH SCHOOL. VIII. ~ Should any of my issue, except my daughter, MAUREEN C. O'CONNOR, and my son, JAMES THOMAS O'CONNOR, JR., entitled to a share of my estate not have attained the age of twenty-three (23) years at the time of distribution to him or her, I devise and bequeath the share of each such issue to MID PENN BANK, of Camp Hill, Pennsylvania, IN SEPARATE TRUST, to hold, manage, invest and reinvest the shares so received, and the accumulation of income thereon, and to use and apply the income and principal, or so much thereof as, in Trustee's sole and absolute discretion, may be necessary or appropriate for such issue's support and education (including trade school and college education, both graduate and undergraduate) without regard to his or her parent's ability to provide for such support or education, or to make payments for these purposes, without further responsibility, to such issue or to such issue's parent or to any person taking care of such issue. Any principal or income not so applied shall be distributed to such issue absolutely when he or she attains the age of twenty-three (23) years. If he or she dies before attaining the age of twenty-three (23) years, the Trust shall terminate and such shares shall be distributed to his or her personal representative. IX. The interest of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. X. I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expense of the administration of my estate. 4 XII. I appoint MID PENN BANK, of Camp Hill, Pennsylvania, Trustee of any Trusts created by this, my last Will. XIII. I appoint my friend, JOSEPH OLIVETTI, Executor of this, my last Will. Should my friend, JOSEPH OLIVETTI, fail to qualify or cease to act as Executor, I appoint MID PENN BANK, of Camp Hill, Pennsylvania, Executor of this, my last Will. XIV. My corporate fiduciary shall be entitled to compensation based on its regular schedule of fees for such services in effect from time to time during li7e period over which the services are performed. XV. I direct that my Executor and Trustee, and their successors, shall not be required to post bond for faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand and seal this fs~~~ day of I lp ~,z°~tM, ~+~ , 2009. J. THOMAS O'CONNOR 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, in his presence and in the presence of each other have hereunto subscribed our names as witnesses. ' b ,1~1 4?~t~ ,~ n tY., ~~(l` ~ 5 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND I, J. THOMAS O'CONNOR, 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 Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. J. Thomas O' Connor Sworn to or affirmed and acknowledged before me, by J. Thomas O'Connor, the Testator, this 5~~~ day of ~ce~b~r , 2009. l otary Publi • , , ~ ~ 33 _ ~, ,. ~ ,,., 6 Of. Y i f 4 ~~ 4 r p~ r ...7 W r t. ~ ? v i- l:~{ S.p ~ f ~ 4 ~ .. 1 ~ ~. 6 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND We, _, C,'~ f ~ ~ ~~T~" and ~` ~ ~Vt ~'S~~' the witnesses whose names are signed to the foregoing instrument, b ing duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the foregoing 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 that time at least 18 years of age, of sound mind and under no constraint or undue influence. ,, ` '~ .- ~..~ Sworn to or affirmed and subscribed to before me by ~ I ~ ~C~` ~ ~~ ~.~ and ~0 ,witnesses, this ~ day of I~cLr.LY eyy~~ 2009. tary Pub ' 131 ~~ ,. ,:~ t,v „tv'd _ r~:~Vi~', F r~~, p !~ `~f 3 ~~! ~~r 21 ."~ 1 !' 1, :. .,V'~tt ii iC~, , S I~t".'.tft .,.