HomeMy WebLinkAbout03-19-12PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, appy(ies) for letters as specified below, and in support thereof aver(s) tht
following and respectfuly requests the grant of Letters in the appropriate form:
FSM TRUST, DAVID GORITY
Decedent's Information
Name: PATRICK E OTT
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Date of Death: 02/27/2012
File No: 21 -12 - ~;~,~
(Assigned by Registe
Social Security
Age at Death: 53
Decedent was domiciled at death in Cumberland County, pA (State) with his/her last
principal residence at 112 GILBERT ROAD, 8HIPPENSBURG 17257 SHIPPENSBURG Cumberland
Strast eddrea, Post Olflce and Zip Code City, Township or Borough County
Decedent died at 112 GILBERT ROAD, SHIPPENSBURG 17257 SOUTHAMPTON Cumberland PA
Street address, Post OtOce and Zip Code City, Township or Borough Courtly Stets
Estimate of value of decedent's property at death:
Kdom/clled in Penney/vanla ........................ All personal property
Nnot domiciled /n Pennsylvania ................. Personal property in Pennsylvania
Hnot domiciled in Pennsylvania ................. Personal property in County
Value of real estate /n Pennsylvania...........
Unknown
.00
TOTAL ESTIMATED VALUES
Real estate in P~naylvaMa situated at 112 GILBERT ROAD, SHIPPENSBURG 17257 SOUTHAMPTON Cumberland
(Attach additbnal sheets, K neoeseary.)
Street address, Post ORioe and Zip Code City, Township or Borough Courtly
Q A. Petltion for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 0 8/2 212 01 1 and CodlGl(s)
thereto fisted
(St~mte~nn~t(ev)anotffd~rtwmstancea, e.g., rsnundetlon, death a~fexecutor, eta) ~y
dNE omis~ ~U~ n~t~groounndBBoer divaor~ hads6eetn ~l~blisphed s~de11D n~edd In 23 Pa C S.~g ~3323(gjta^d dor d not~haVe as ild bomaopending
e ;and Decedent was neither the victm of a killing nor ever adJudicated an incapacitated person.
0 NO EXCEPTIONS ~ EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applit~ble)
c..a.; ..n.; ..n.c..a.; n uran a n a; uran m
ff Administration, c.ta or db.n.c.ta., enter date of Will In Section A above and complete list of heirs.
Except as follows: Decadent was not a party to ndinp divorce proceedin wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever a~udicated an incapacitated person.
QX NO EXCEPTIONS ~ EXCEPTIONS
Petitioner(s), aRer a proper seeroh has/have ascertained that Deoederk left no Will and was survived by the following spouse (if any) and heirs (attach
additional ssltrreets, Hnecessary):
Name Relationship Address sa
COLE E. OTT Son 112 GILBERT ROAD t"'~ '
SHIPPENSBURG, PA 172
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Form RW-02 rev. ~a~ ~-soy ~ Copyright (c) 2011 form software only The Ledcner Group, Inc. Paps 7 or 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
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COUNTY OF Cumberland }
omaet use ony
Petitioner(s) Printed Name Petitioner(s) Printed Address
Fd~M TRUST, DAVID GORITY 1901 RITNER HIGHWAY
CARLISLE, PA 17013
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The Petitioner(s) above-named swear(s) or affirm(s) the statements in a foregoin ,Petition are true and correct to the a kn s an
belief of Petitioner(s) and that, as Personal Representative(s) of the ent, Pet er(s ill well and tr~ny administer tha to actor to
Swom ffirmed and fore . r ~' ~
me th ~d y Qf Da<e
By: Date
M bier Date
BOND Requited? ~ ~ Yes ~ No
FEES
Letters .................................. ..... $ • ~~
c ~ snort certificates>..........
( )Renunciation(s) ...............
( )Codicil(s) .........................
( )Affidavit(s) .......................
Bond ..............................................
Commission ...................................
Other
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0
Automation Fee... '-
JCS Fee .........................................
TOTAL ........................................... $
Estate of PATRICK E OTT
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To the Register of t~l/s:
rrease enrer my appearence oy my srgnawre oerovlr:
Attorney Signature:
Printed Name: Hami n C Davis
Supreme Court
ID Number: 10264
Firm Name: 2ullinger Davis, PC
Address: 20 East Burl Street
Suite 6
Shipperrsburg, PA 17257
Phone: 717/532-5713
Fax: 7171
E-mail: hdavis~Zullinger-Davis.com
DECREE OF THE REGISTER
AND NOW, ~~ ~~~ ~( , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to FAIN TRUST, DAVID GORITY
in the above estate and (if applicable) that the instrument(s) dated 08/2212011
described in the Pettion be admkted to probate and filed of record as~tle Jgst Will (and C I(s)) of Decedent. _ ,1
CopyrpM (c) 2011 form sollwere ony The Ladmer Group, Inc.
Date of Death:
Social Security No:
File No:
02/27/2012
202-50-4882
21-12 --- Q~ Z,~~
LAST WILL AND TESTAMENT
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I, PATRICK E. OTT, of Southampton Township, Cumberland County, Pennsylvania,
declare this to be my Last Will and Testament and revoke any Will or Codicil previously made by
me.
ITEM I: I direct that all my just debts (except as may be barred by a Statute of
Limitations) and my funeral expenses (including my gravemarker and expenses of my last illness)
shall be paid from my residuary estate as soon as practicable after my decease as a part of the
administration of my estate.
ITEM II: I bequeath those articles of my household furniture and furnishings and those
articles of my personal effects and personal property as set forth in a separate memorandum (which
is signed by me, dated and makes specific reference to this Will and memorandum, which I shall
place with my Will or deposit with my attorney), to the persons therein designated.
ITEM III: I devise and bequeath all the residue of my .estate of every nature and
wherever situate to my son, COLE E. OTT, providing he shall survive me by thirty (30) days.
ITEM IV: Should my son, COLE E. OTT, not have attained the age of thirty (30) years
at the time of my death, his share shall be held by my Trustee hereinafter named in a separate trust
to be administered and distributed in accordance with the provisions hereinafter set forth:
A. My Trustee shall accumulate the net income and expend and apply so much of
the'net income, accumulated income, and principal of the trust as Trustee in Trustee's sole
discretion deems advisable to or for the benefit of my son for his support, education and
health of such person and for the protection and preservation of his property, until he attains
the age of eighteen years.
B. Upon my son's attaining the age of eighteen (18) years, my Trustee shall
distribute the net income of his trust to him or for his benefit and so much of the principal as
Trustee in Trustee's sole discretion deems advisable for his support, education and health of
him and for the protection and preservation of his property shall be distributed to him or for
his benefit. My son shall be entitled during his lifetime, to withdraw sums of principal from
his trust in accordance with the following formula:
1. At any time after attaining the age of twenty-five (25) years and prior to
attaining the age of thirty (30) years, such sums as shall not exceed one-half (1/2) of the
market value of the principal as constituted on his twenty- fifth (25th) birthday or on the
creation of his separate trust, whichever shall last occur;
2. At any time after attaining the age of thirty (30) years, any and all principal
remaining.
3. Upon the death of my son, his trust shall terminate and the then remaining
principal shall be distributed, per stirpes, to his then living issue, or, if there shall be no such
issue, to my parents, GARNETT OTT and PEGGY ROUZER, in equal shares, or to the
survivor of them.
ITEM V: If any property passes outright (either under this Will or otherwise) to a
minor (which shall be defined as anyone under twenty-one (21) years of age) and with respect to
which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline
to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian
selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor
under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment
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shall not supersede the right of any fiduciary to distribute a share where possible to the minor or to
another for the minor's benefit.
ITEM VI: 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
pazt of the expenses of the administration of my estate.
ITEM VII: I appoint F & M TRUST Executor of this my Last Will.
ITEM VIII: I direct that my Executor, Custodian or Trustee or their successors shall not
be required to give bond for the faithful performance of their duties in any jurisdiction.
ITEM IX: I appoint F & M TRUST Trustee of any trusts created by this my Last Will.
ITEM X: My individual fiduciary, if any, shall be entitled to reasonable compensation
for his or her services rendered from tune to time and to reimbursement of out of pocket expenses.
ITEM XI: My corporate fiduciary shall be entitled to compensation based upon its
regulaz schedule of fees for such services in effect from time to time during the period over which
its services are performed.
ITEM XII: Any fiduciary under this Will shall have the following powers in addition to
those vested in them bylaw and by other provisions of my Will applicable to all property whether
principal or income, including property held for minors, exercisable without Court approval, and
effective until actual distribution of all property. It is my intention that the powers granted herein
shall include and be in supplement to the powers concerning investments contained in PEF Code
Chapter 72 (Prudent Investor Rule) and the powers concerning adjustment and conversion to
unitnast and related provisions contained in PEF Code Chapter 81 (Uniform Principal and Income
Act.
A. General Management and Investment Powers. The Executor and Trustee shall
have full power and authority to manage and control the estate and trust estate, to borrow
money from any source (including the power to borrow from a Trustee or any affiliate of a
Trustee) and to sell, exchange, lease, grant options, rent, mortgage, pledge, assign, transfer
or otherwise dispose of or encumber (including sales to a Trustee) all or any part of the trust
estate (for terms extending beyond the termination of the estate or trust estate or otherwise),
upon such terms and conditions as the Executor or Trustee may see fit. The Executor or
Trustee may invest and reinvest all or any part of the trust estate in such stocks, common
and preferred (including the corporate stock of any corporate Trustee, or any of its
affiliates), debentures, shares or participations in any common or mutual fund, interests in
any general, limited, or limited liability partnership or in any limited liability company,
bonds, notes, repurchase agreements and deposit accounts of any kind from or in any bank
(including any corporate Trustee, or any of its affiliates), savings and loan association or
other financial institution or brokerage firm, stock options and warrants, securities or other
property, real or personal, within or without the State of Pennsylvania, domestic or foreign,
whether or not of the class or kind now or hereafter ordinarily approved or held to be lawful
for the investment of estate or trust funds, as the Executor or Trustee may, in the Executor's
or Trustee's discretion, select. The Trustee may make and change such investments from
time to time according to the Trustee's discretion, and the Trustee may continue to hold any
stocks, securities or other property received by the Trustee hereunder without any duty of
diversification. The Executor or Trustee may determine whether any money or other
property coming into the Executor's or Trustee's hands, concerning which there may be
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reasonable doubt, shall be considered as a part of the principal or income of the trust estate,
and may apportion between such principal and income any loss or expenditure in connection
with the trust estate as to the Trustee may seem equitable, taking account of all present and
future interests in the trust estate. The Trustee shall not be obligated to amortize premiums
for trust securities out of income nor make additions to income because of the purchase of
securities at a discount. The Trustee may exercise all options and all conversion,
subscription, voting and other rights of whatsoever nature held by or pertaining to any
property, including securities of the corporate Trustee or any affiliate thereof, held by the
trust estate. Any corporate Trustee shall not disclose the name, address, or share position of
the beneficial owner(s) of registered securities held by the corporate Trustee or its nominees
unless the beneficial owner(s) request otherwise in writing. It is the intention of the Testator
that the Trustee shall have the authority to invest in such ways as shall give due
consideration for the theories of total return investing, modern portfolio theory, and the
theory of risk and return. Accordingly, the Trustee is authorized to invest in any type of
investment which plays an appropriate role in achieving the investment goals of the Trust,
which investment shall be considered as part of the total portfolio. It is my specific direction
that no category or type of investment shall be prohibited. I specifically do not wish to Iimit
the universe of Trust investments in any way other than is dictated by the Trustee's exercise
of reasonable care, skill, and caution. In connection with the Trustee's investment and
management decisions with respect to this Trust, the Trustee is specifically entitled to take
in account general economic conditions, the possible effect of inflation or deflation, the
expected tax consequences of investment decisions or strategies, the role which each
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investment or course of action may play within the overall trust portfolio which may include
financial assets, interests in closely held enterprises, tangible and intangible personal
property, and real property; the expected total return from income and the appreciation of
capital; other resources of the beneficiaries; the needs for liquidity; regularity of income and
preservation or appreciation of capital; and the asset's special relationship or special value, if
any, to the purposes of the Trust or to one or more of the beneficiaries. Nor shall my
Trustee be limited to any one investment strategy or theory, including modern portfolio
theory, the efficient markets theory or otherwise, but shall be free to consider any
appropriate investment strategy or theory under all the circumstances. The Trustee may
delegate investment and management functions which a prudent person of comparable skills
would properly delegate under the circumstances. Should the Trustee delegate such
function, the Trustee shall exercise reasonable care, skill and caution in selecting an agent,
establishing the scope and terms of the delegation consistent with the purposes and terms of
the Trust, and periodically reviewing the agent's actions in order to monitor performance
and compliance with the terms of the delegation. Should such delegation occur as set forth
above, the Trustee who complies with the requirements for delegation shall not be liable to
the beneficiaries or to the Trusts for the decisions and actions of the agent to which the
function was delegated, but by accepting the delegation of a Trust function by the Trustee of
this Trust, the agent submits to the jurisdiction of the courts of this state.
B. To allocate receipts and expenses to principal or income or partly to each as they
from tune to time think proper.
C. To compromise any claim or controversy.
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D. To distribute in cash or in kind or partly in each.
E. To hold property in their names without designation of any fiduciary capacity or
in the name of a nominee or unregistered.
F. If there is no corporate fiduciary acting hereunder, my fiduciary may designate a
corporation (regazdless of where organized or headquartered) with fiduciary powers to act as
agent or custodian hereunder, may delegate to it such duties as may be appropriate
(including investment recommendation duties), may pay to it reasonable compensation for
its services, and may dischazge it with or without cause.
G. To treat the entire trust estate as a common fund for the purpose of investment,
notwithstanding any provision herein for division thereof into shares or separate trusts.
H. Should the principal of any trust herein provided for be or become so small that,
in the Trustee's discretion, establishment or continuance of trust is inadvisable, my Trustee
or my personal representative may make immediate distribution of the then remaining
principal and any accumulated or undistributed income outright to the person or persons
then entitled to income and in the proporkions they are then entitled to such income. If any
such person is then a minor, distribution may be made to that person's. guardian, or to a
person selected by the trustee to be custodian for such person until the age of twenty-one
(21) years under the Pennsylvania Uniform Transfers to Minors Act.
I. To continue the operation of any business in which I may be interested or
engaged at the time of my death (regazdless of -the form or organization of -any such
business), which business or an interest in which shall be received by my fiduciary. This
authorization shall include the right to change the form of any such business by the
reorganization or incorporation thereof, or the formation of a general or limited partnership
with respect thereto, and shall also include the right to invest in any such business including
the right to invest in any business the property of any trust hereunder for such periods of
time and upon such terms and conditions as my fiduciary shall deem advisable. No
fiduciary shall be liable for any loss resulting from continuing any such business, but my
fiduciary may, in my fiduciary's discretion, sell, liquidate or otherwise discontinue any such
business at such time or upon such terms and conditions as my fiduciary shall deem
advisable.
J. If there are co-fiduciaries serving hereunder, they may delegate any and all
management duties and responsibilities to one of them. My co-fiduciaries may, for
example, designate one of them to maintain a bank account or accounts, and in that instance
the signature of only that fiduciary shall be required to open and maintain such account, to
deposit funds to such account and to write checks on such account. Other than as specified
herein, the authority of my co-fiduciaries shall be exercisable jointly and severally.
K. Any Fiduciary may resign at any time without Court approval, effective upon
transfer of corpus to the Successor Fiduciary specified herein. No Fiduciary shall be
required to post any bond or other surety in any jurisdiction.
ITEM XIII: If I am entitled to do so, I appoint my mother, PEGGY ROUZER,
guardian of the persons of my minor child.
ITEM XIV: The interests of the beneficiaries hereunder shall not be subject to
anticipation or to voluntary or involuntary alienation.
8 ~.
ITEM XV: I specifically give unto my Attorney, HAMILTON C. DAVIS,
ESQUIRE, or should he be unable or unwilling to act, JOEL R. ZULLINGER, ESQUIRE, as the
case may be, in his sole discretion, the right and authority to revoke the appointment of any
corporate fiduciary designated in my Will or in any Codicil thereto, provided that he simultaneously
appoint a substitute corporate or individual fiduciary.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and
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Testament, written on ten (10) sheets of paper, dated this O~ day of
2011.
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PATRICK E. OTT
The preceding instnunent, consisting of this and nine (9) other typewritten pages, each
identified by the signature or initials of the Testator, was on the day and date thereof signed,
published and declared by the Testator therein named, as and for his Last Will, in the presence of
us, who, at his request, in his presence, and in the presence of each other have subscribed our names
as witnesses hereto.
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COMMONWEALTH OF PENNSYLVAN]A
. ss.
COUNTY OF CUMBERLAND
I, PATRICK E. OTT, the Testator whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary
act for the purposes therein expressed. r
EAL)
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PATRICK E. OTT
Sworn to or affnmed and acknowledged
before me by PAT'R):~K E. OTT, the
Testator, this ,.~ day of
2011. ~M~„wN~, „a ~ p~{,~S1igyAN1A
NaaR1B1 s.M
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My cranny i ~oia
MEMBER, pg1tISYLY 110~ARIES
COMMONWEALTH OF PENNSYLVANIA:
. ss.
COUNTY OF CUMBERLAND
We,~1Y11 ~~tin ~' ' ~L~C,I VAS and ~ ~ ~ the witnesses whose
names are signed to the attached or foregoing instrument, being ualified according to iaw, do
depose and say that we were present and saw the Testator sign and execute the instnunent 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 our knowledge the Testator was at the time
eighteen (18) or more years of age and of sound mind and under no constraint or undue influence.
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Sworn to or affi ed ands scribed to
before me b ~ ~ 1~ and
~ ~ witnesses, this
_ v of _ lu~~c-~- . , 2011.
GOMMONI~NFa~ ygNJp
i N~ONy PubNC
MEMBER, PEp~ ~ ~
10