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Home My WebLink About09-06-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of /?o~3Et2.T' D ~Ro[!/l KE' ,Deceased ESTATE NO: 21- / / ' ~'~ ~ a/k/a: a/k/a: a/k/a: SS NO: ?.~ 9- Z2 - 03 og Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as ~,a.,~licable: ~A. Probate and Grant of Letters Testamentary or ~ Administration c.t.a., or d.b.n.c.t.a. co and aver that Petitioner(s) is/are entitled to the aforementioned Letters %Stkm~tQ~ ( mplete Part C also) the last Will of the above-named Decedent, dated Jant~.H / y, ~~r and y under (State relevant circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have achild-born or adopted after execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(g): ivo.dJ~ ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent life, durante absentia, durante minoritate) C. 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 and complete list of ~ s heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorc ~ ~ ~ proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g), except as follows: ~ ~ H -~='~ -~ W s ~ N THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At _ ~f / 8 p/NE /t2o~8-D~ /ji T. ~foClY .SP~4//Ill'S. ~~- /Toe S t~ireet aaaress wtth Yost Office and Zip Code, Municipality: Township, Borough, City) Decedent, then _~j 9 years of age, died ~kS~ Z/, Zo// at `yhc_~y ~,y~ y.S~~O~ Estimated value of decedent's roe (M°nth, Day, Year of death) (C-ty and State where death occurred) p p rty at death: _If domiciled in PA All personal property $ / ooo. oD _If not domiciled in PA Personal ro ~ ~~~~/ If not domiciled in PA p per' ttt Pennsylvania $ - Personal property in County $ _Value of Real Estate in Pennsylvania Total Estimated Value $~ ooO.OO~ psh:,..l Location of Real Estate in Pennsylvania: (Provide full address if possible.) /l~ ~~ ~,$J~~ G1/~t5 ~%I /r~ts~J Name(s) & Mailing Address(es) S Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland : f __~ N, i , f ~ .J _ ~ N DECREE OF PROBATE AND GRANT OF LETTERS Estate of ~0,C3Q2T c~~RD/,//2/C~ ,Deceased File Number: 21- // _ ~ ~_~ AND NOW, this day of y ' ~ ', ~ ~~ (~-~. -~1A-~~ ~ , in consideration of the Petition on the reverse side hereon, satisfactory proof ha~i g been presented before me, IT IS DECREED that Letters Testamentary - of Administration are hereby granted to: ~ ~ i (If applicable, enter c.t.a., d.b.n., d..n.cta., etc.) 5~:.'. Y + ~ ll'-~ ~ ~ ~ ~ K-F' Cie ~~i ~ ~ 1' ~ ' 1, ~ ~'- the above estate and that mstruments(s) dated 1 -- I`~ ~ 3 described in the petition be in admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. r ,~ , lenda Farner Strasbaugh, ~ - , y. i j ~~~~~ ~. „ Register of Wills ~ ~ ~> i FEES: Signature of Counsel Required to Enter A ppearance Letters ....................$ ~ C , Will ...................... -- Codicil(s) ................. (~) Short Certificates ~~ . "/ ( )Renunciations....... Bond ............................ Other ............................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ ~~ Atty's Signature ~~~~~ PRINTED Name: ~iar/PS ~. S,h."ela~5 ~- Supreme Court ID No.: 3$x/`3 Address: (D CfO~ser /COa ~/ /Y1ecl~~; c s~ H ry, ~.~ / 7D.S3 Phone: 7/7- 76~ - o~ Fax: 7/~ 7~S- 7573 Interim Form RW-02 revised 1226.10 by Cumberland County pending action by the Court Page 2 of 2 The Petitioner(s) herein named swear or affirm 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. OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNfNG: It is illegal to duplicate this copy by photostat or photograph. Fee fi>r this certi;~icate. $h.00 P 17727766 Certificu=_ion ti~ulnber M106.144 REV 11Y2006 TYPE / PRINT IN PERMANENT BLACK INK ~~33-086 D 1. Noma a Da:edent (Rrsl, mime. ma, suffix) v Robert i Z 5. (Lest Birthtle (lndx 1 ~ Y) ~~ ~ 89 Yrs. ~ a1. county a Deam ~ e Cumberland 1-I~i:; is to crrtii~ that ,i3r inlil In.1,I .,t !;^m ~r~rrl i :(~l~recliv ~(f~ird r.>rn ~u1 u)~i~irl ! {~t°r?iI.L~ur,~,f i)e:(t( duly filed t.i(1? :~~~° .,'~ ~.c1c:+1 K .,(,:r [_i) , /11 is,i+?<) certificate ei.!i I~)r«;sr-~Icd ,,, i~;k' S? )tc Vit<) Rcc(>rds Ui~;iri~ ,) ;7ellntlr~ent li~r1~1 R~t~.!~,b~~u~ z-~/2~~~ LL~ral Rc~l~l;•ar ~`,~,:~ I~:~uL-d s ti W ~ s ,- ,_ C~ ~, Z 7 N s ~~,.( p ti vNN v_ N ? COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER t _ 2. Sex 3. Socin Sxulily Number 4. Date a Dam (Mmm, day, Yaar) _0 Rourke Male 209 _ 22 0308 6 Date of BMh (Mmm day y a l T Botha rr t ~ ~ 0 T ~~ 1 1 n Bnxs Nlnulae _ -__- _~.~." ,A.~~.,.•v~„eaui wreca array anal November 18, 1921 Windber, pA Hoapiml: cg;,r ^ Inpetienl ^ ER / OnpeBent ^ DOA ^ Nursing Home Reaitlerlce ^gher ~ Specify; Bc. Ciy, Bo Twp a Death Bd. Facairy Name (If rla kuthutbn, give street and number) 9. Wea Decedent a Hiepak Odgin7 ANC ^ Yes 10. Race: Amerken Intlien, Black, WIMe, etc South Middleton 418 Pine Road (nyea,epealycuban, (soea'M 11. Decedents Usal a non KkM at work tlorie most of wo ' Nle. po riot state reliretl 12. Was Decedent ever in the Ki /3. Decedent's Education ISpedry Dory hghest rode ce m Mexican, Pueno Rican, ale.) whit e m l d ntl a Work KiM a Bueness / Intlustry U.S. Amretl Forces? Mili p e 9 ) 14. Memel Status: Married, Never Marred, 15. Surviving Spouse Itt wile, give maiden name) Elementary / Sacendary (412) College (1-0 or 5+) Witlowed, Divorced (SPso/M [)SArm Airborn 1^Yaa ^NO ~ ' 12 widowed i6. Decedat s Mailing Atldress (Street, dry /town, smte. IiP code) Decedent's 918 Pine Rd. AaanReapencena.Smte D~d cedant Pennsvl vnnia _ N,t. Holly Springs, PA 17065 nb.counry e~a I _ tic.®Yea,l3ecedentLNainS_ MirlAlatnn T Cumberland nd.^Na,Decedeativeewahin `~ 16. Earner's Name (Brat, midda, leaf, sufiz) Actual Umks a CW / Boo ' Jack O°Rourke 19. Mother s Name (Brat, mitlde, meitlen surname) 7elda Redpath 20e. Inlamanya Name (Type / Pnnq Lori V. n'Rourke 206. mformanys Mnmg Address (area, cnY/loco, state zq coda) 418 Pine Rd. Mt. Holly Springs, PA17065 21a. Metlwtl a Dbpoation ~ Cremeaan ^ Dontion 216. Date of Dbpoation (Monet tla Pen aarl 21 c a Y ~ ^ Bunel ^ Removal from oafs I Was Cromatlon x Donation Aulhalzed ^ ~r'sPx+h~' ~ b Medlen Ex i / 8/25/ , , . ce Y Diapoeitlm (Name al cemetery, o1eneroY a Deter f~) 21tl. Loratlon (Gry /lawn, stale. nP mda) 2011 H lli a w y am lwx COrorlx7 ®Ya^Na o nger Crematory Mt. Holly Springs PA 22a tae a F l < unera Lk:ensee (a person acting as such) 22b. Licerae Nwnber , 22c. Nartre and Atlmess a Fedliry ~ ~ '~"- 011589E Com l t It ollingerFH&Cremator Mt Holl S i ~ . p e e r n s PA17065 em 23ac only was 23a. Tome bat a my klonetlge, deem axurted at me time, date and place stated. (Sigreture and title) . pnyakien b not eveimble et time a tlaetll to 23b. License Nunbar ' cant cause d deem. 23c. Dale S Igned (Month, day. year) ~ Hero 2428 must De ampleletl by person 24. Time of Deem 25. Date PraMlurlcetl Dead (Mash, day, year) '"t'°p°"N'nres°"~"' Aprx. 4:00 A. M. August 21 28. Was Casa Referetl to Medical Examiner / Coroner for a Reason Omar man Cremetlon or Donetim? 2011 Q , ~ Ya ^No CAUSE OF DEATH (See Instruglons end exampbs) r Approximate mlenn: Pan IL Emer ame simif tit cartltl tin Item 27. Pen I: Enter me chain d evenm - Oisases, iryudes, or canplkatione - inn direxly caused me deelh. W NOT ante terminal evenm such as ramlac anon, I ~ to-~~ 28. Did Tobacco Use G>fttridae p peam7 respirerory xren, a vatlicumr fpnsation winwm showing me etiology Lie Day one cause on each Brie Onset m Deem but rwt reeumng m me uamrl m caus N . y g e g x m Pan I. ^ Yes ^ prabebry IMMEDIATE CAUBE (FpW tlbease a condsbn resulUrgbde~m) ,~ e. Probable Myocardial Infarction ^ ~ ^ ~k~ Due to (a as a consequence all: Remote MI ze nFemab: sequegieW lbl aarwgaor,s. if amy, n. Atherosclerotic Coroner Arter to cause listed on tine e. ^ Na pregnant wimin past year Disease r ^ Enter UNDERLYING CAUSE Oue to (a as a consequence of). Pregnant n dine of deem ~ ~ebeu a osWU gryin"etleteM~j aLAS ~ gv c ^ Nat Pregnant. but pregnant wAhin 12 days Due to (or as a coneequeraxr oQ: of deem d. r ^ but pregant /3 days 101 year datll 30a. Was an Autopsy 30b. Were ANapsy Findkgs 31. Manner of Dam 32a. Dale a In' ^ Unkrpwn ti prepynl wimm me past year Perlametl? Aalmae Pmr to Compbaen N7 (MOmh, day, Year) 326. Desalba flew Injury Onarrled a Cause a Dath? ~Nalurel ^ Hamidde 32c. Pence of Irpxy: Fiane, Farm, area, Fe Once &slailg, etc. (SpecttyJ ~~ ~~..,,// ^ Yes ~Nm ^ Yes ^ No ^ Accldenl ^ Pending Investigation 32d. Time a Inlu7 TTTT~~~ 32e. Iryury at Wark? 321. Ii Trensponalian Injury (Spaclty/ 32g. Localbn a Injury (areal cnY /fawn slate) ^ 3uiade ^ Count Na ha Defe~mined , ^ Ves ^ Na ^ Dover / Operola ^ passenger ^Pedastnan 33s. Cenifier (tlrech only anal M Omx~Spedy: ' Cennylrg phyekYn (Physidan To 1M bat n m ~nnn CBUSe a deem rdren enaher physiaan has fxoriwxed deem erW canpleted tien 23) Y Imowmdge, dMh oaurtsd dus to tM caussls) ant mama l t 33b. mre antl Tole . u s s a4 , _ _ _ _. ' pr°^°a^clrgendoedNro9PhYablen(Physoan6oth __________________________ ^ ~ Droner wala.lang dam ens aertirylrg ro cause a seam) o io the ben of my k'nowmtlga, aam oceumd n tM time, fleet, aIM 33c. txeroe Number Medcal Examhler/Coax pma,eM dNrotlN Caae(q and mennxuamtM__________________ ^ 33tl. Dam agnea (Monet. my year) w On the buffs n enmirunan ant / or Imatlgslron, in my apmron, deem occurred n the nine, date, eM place, eM da ro rile cause(s) oral menror ae smled_ ~ AllguS t 2 3 , 2 011 39 N d A ~ 35. Regiaoar's 9J~agp\aL~ntl Di 1 . ame Ap ~rgu ~.mpgyalgcCq~ylad a (Item z1) Type / Pram O Q C enro~'e, ~oroner . Dne Bled (Monet, daY, Yarf 6375 B h r~ A"t . \ O,I.C.I\k1LyJlk' ~ I I I ,-1 I -I I ~ I ase ore Rd., Suite l/1 f Mechanicsbur Pa. 17050 Disposhpn Pemat No. l_J~ , "T l 7 IZI~.COIZL~I~;ll OI~I~IC1~, Of~ RI~,GIS"PI~;R <)I~ ~~IIJ,ti 2011 SEPT G cL~~ius c~l~ LAST WILL AND TESTAMENT c~x>>i ~,~~rs cc~uiz~r (Pour-Over Will) cu~tl3i~at~.,~~n cc~uii'i~,>>:~ OF ROBERT O'ROURKE IDENTITY I, ROBERT O'ROURKE, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 209-22- 0308. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married, namely, VIVIAN M. O'ROURKE. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I have the following children: Lori V. O'Rourke, born October 26, 1960; Janet M. Feister, born October 7, 1951; Mickey S. Rankin, born February 26, 1954; and Jack R. O'Rourke, born October 10, 1957. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LNING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the POUR-OVER WILLS Page 1 ~~ Testator corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint Vivian M. O'Rourke as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Lori V. O'Rourke to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the POUR-OVER WILLS Page 2 (y/~,~ Testator allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. OBERT O'ROURKE Testator POUR-OVER WILLS Page 3 This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and aclrnowledgment of officer. I have signed my name at the bottom of each of the preceding pages. This instrument is being signed by me on this ~~ day of ..T,4/Y. , ~• ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: L 0 (Printed Name of Witness) ADDRESSES: o / 4! S City, State, Zip K ~^J e c9 ~ • I ~ G/P d~ (Printed Name of Witness) City, State, Zip POUR-OVER WILLS Page 4 Testator COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFORE E, the undersigned authority, on this day ersonally appeared ROBERT O'ROURKE, -' and Co^L /rf ,known to me to be the Testator and the witnesse ,respectively, whose names are subscribed o the foregoing instrument in their respective capacities, and all of them being by me duly sworn, ROBERT O'ROURKE, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~ ~~~ OBERT O'ROURKE Testator Wi ss l ~ ~» i~ (Printed Name of Witness) ~tness M, Be~~;nde~ (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGED before me by ROBERT O'ROURKE, Testator, and subscribed and swo t°~ before me by ~~~ r~ ~ !~1~ E/Z and GDI~<*<*7TJ~ ~• ~~~/79 Es/Z witnesses, this the day of J ,~. V Notary Publi , Co wealth of Pennsylvania a...._ ......._._... r het?n.~ ~ ;~._ ,tr,es~,~ ~iiJlic ~;t ~i,. ~ ~ ^ur=tv 1ZJyN -, rr~~ i.L J .L f a...... G ~t~~+ ~ _ ~ ~ POUR-OVER WILLS Page 5