HomeMy WebLinkAbout01-08-13
c> M
Chad J. Julius ssa
Jacobson, Julius & McPartland ~
8150 Derry Street cr,'
Harrisburg, PA 17111
717.909.5858
717.909.7788 (facsimile)
Counsel for John Viscovich, Sr.
BEFORE THE REGISTER OF WILLS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF Docket No: 9,1
ALBERT J. VISCOVICH
PETITION TO PROBATE COPY OF A LOST WILL
AND NOW COMES, John Viscovich, Sr., by and through his attorneys, Jacobson, Julius
and McPartland, who respectfully submits this Petition:
FACTUAL BACKGROUND
1. Petitioner, John Viscovich Sr., is the brother of the Decedent, Albert J. Viscovich,
who died testate on June 8, 2012, then a resident of Cumberland County, Pennsylvania. A true
and correct Original of the Decedent's Death Certificate is attached hereto as Exhibit A.
2. On February 24, 2000, Decedent executed the Last Will and Testament of Albert
J. Viscovich that was prepared by his then attorney Robert D. Kodak, then of Knupp, Kodak &
Imblum, P.C. A true and correct copy of said will is attached hereto and made part hereof as
Exhibit B.
3. The Decedent while competent, executed the Will at the office of Attorney Kodak
who is a subscribing witness to the Will along with then paralegal, Ann Aumiller. Their
Affidavit is subscribed or attached to the Will and provides proof of the execution and validity of
the original will. See Exhibit B.
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4. In addition, the Decedent executed a Letter of Directive to Beneficiaries on the
same date. A true and correct copy of said Directive is attached hereto and made part hereof as
Exhibit C.
5. Petitioner is the brother of the Decedent. Petitioner is also a beneficiary under the
will and is named as executor. In his capacity as executor, Petitioner would be permitted to
serve without posting a bond. Petitioner is domiciled in Delaware, with an address of 317 Single
Avenue, New Castle, Delaware 19720. Should the estate be probated via letters of
administration, Petitioner would likely be required to post an expensive bond.
6. It is believed and therefore averred that at the Decedent's request, his attorney
kept the original of the will and kept a photocopy of said will in his files. To the best of
Petitioner's knowledge, information and belief, the Decedent never had possession of the
original will and the Decedent never gave any instructions to Attorney Kodak regarding the
revocation of said will.
7. Attorney Kodak's offices were contacted by both Petitioner and the undersigned;
however, his staff was not able to locate in his files the Original of the will. Only the copy that is
attached to this Petition could be located. Said copy was found in both Attorney Kodak's files as
well as the files of the Decedent.
8. The undersigned was informed that Attorney Kodak is very ill and could not
speak with the undersigned regarding this matter.
9. In addition, and out of an abundance of caution, Petitioner made a diligent effort
to search through all of the Decendant's belongings in an effort to locate the original will.
Unfortunately, said document was not located.
2
10. Finally, Petitioner and the undersigned sought permission from the Department of
Revenue to open the only known safe deposit box held by the Decendent at Susquehanna Bank
in Shamokin, Pennsylvania. Unfortunately, and as expected said document was not located.
11. At the time of Decedent's death, he had never been married or had any children.
In addition, the Decedent's parents have been deceased for many years.
12. The following individuals, in addition to being the only living relatives of the
decedent, have been named as beneficiaries in the will:
Name Address Relationship
John Viscovich, Sr. 317 Single Avenue Brother
New Castle, DE 19720
John Viscovich, Jr. 8 Dalton Ct. Nephew
New Castle, DE 19720
Christine Dixon c/o Bernadette Dixon Great Niece
12228 Ox Hill Road
Fairfax, VA 22033
Pearl Viscovich Bergonia 1877 Dutch Hollow Road Sister
Jersey Shore, Pa 17740
Dennis Brida 114 E. Warsaw Nephew
Marion Heights, Pa 17832
Edwina Brida Carpenter PO Box 115 Niece
Elysburg, Pa 17824
James Brida 1110 Webster Street Nephew
Coal Township, Pa 17866
Bernard Brida 1265 Pulaski Avenue Nephew
Coal Township, Pa 17866
Dan Brida 111 N. Oak Street Nephew
Shamokin, Pa 17866
Linda Viscovich Artica 317 Single Avenue Niece
New Castle, DE 19720
Bernadette Bergonia Dixon 12228 Ox Hill Road Niece
Fairfax, VA 22033
3
Lenora Bergonia 610 Lark Dale Row Great Niece
Wauconda, IL 60084
Leonard Bergonia, Jr. 15780 Parrish Avenue Great Nephew
Lowell, IN 46356
13. The estate is believed to value between $120,000.00 and $150,000.00 consisting
mostly of securities, stocks and bonds that did not contain a beneficiary designation.
14. Although Petitioner would stand to inherit far more from the estate should it be
probated as an intestate estate, it is his desire to follow the wishes of the Decedent as the
Petitioner understood them prior to the Decedent's death.
WHEREFORE, Petitioner respectfully requests this Honorable Court enter the attached
Order of the Court, and thereby:
A. Establish the unaltered copy of the Last Will and Testament of Albert J.
Viscovich, attached to this Petition, as Decedent's Will.
B. Admit Decedent's Will to probate.
C. Appoint John Viscovich, Sr. as Decedent's Personal Representative, to
serve without Bond.
D. Order that Letters Testamentary be promptly issued to upon the filing of
my sworn Oath of Personal Representative.
Respectfully submitted,
JACOBSON, JULIUS & McPARTLAND
t
Date: a ~lD13
Chad J. Juli s A ID# 209496
8150 Derry Street
Harrisburg, PA 17111
Phone: 717.909.5858
717.909.7788 (facsimile)
Counsel for John Viscovich, Sr.
4
1105.805 R6V 19/11)
LOCAL REGISTRAR'S CER PF-~ CA 'ION EAT R
WARNING: It is illegal to duplicate thi-a Pictograph,
Fee for this certificate, $6.00 11: iii' t?lt' I(1 (tip❑} i1(r)J iJl t 21011
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P 18650439 - ---_1
let .
Certification Number
Type/Print In COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF HEALTH • VITAL RECORDS
Permanent CERTIFICATE OF DEATH
State File Number:
Blaek Ink 2. Sex 3. Social Security Number 4. Date of 011
1.0 th (Mo/Day/Yr) (Spell Mo)
ecedent's legal Name (First, Middle, Last, Suffix)
V h Male 200-22-8957 June 8, 2012
Sa. Age-Last Birthday (Yrs) Ib. Under 1 Year 5c. Under 1 Da 6. Date of Birth (MO/Day/Year) (Spell Month) 71. Birthplace (City and State or Foreign Country)
81 Mpntns Days Hours Minutes July 17 , 1930 Sli--k-1- PA
7b. Birthplace (County) hu rland
8a`R Idence (State or Foreign Country) Sb. R Str t a Numb lutle Apt Nn.) . ,BC.yDid Decedent Live In a Township]
t?nnsy Van1a 1 fie'`~u€h r_nt71H - IPfr pv,:, decedent eyed In twp
tCv.~~vs Apt - 204
8 ~ 8e. Residence (Zip Code) 2 ER No, decedent lived within limits of V l a city/b,ro.
9. Ever in US Armed Forces? 10. Marital Status at Time of Death ffMarrled Q Widowed 31. Surviving Spouse's Name (If wife, give name prior to first marriage)
[Yes No Q Unknown E3 Divorced Q Never Married 3 Unknown
12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last)
V - h Pieri.na De eor is
14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, Slate, 21p c
V Brother 317 Sin le Ave. New Castle, DE 19720
-7
G ---......-..-----.......---.......----...r........---- -••acg--'--°eat... .-e< gn•yone
s If Death Occurred in a Hospital: ~ Inpatient plf Oeath Occurred Somewhere Other Than a Hospital: ~ Hospice Facility ~ Decedent's Home
Q Emergency Room/Outpatient Q Dead on Arrival _ Nursing Home/Long-Term Care Facility Other (Specify)
15 b. Facility Name (If not institution, give street and number; 15c. City or Town, State, and Zip Code 15d. County of Death
1 a. et od o epos Lion ur a ® Cremation 16b. Date o sp sition 116c, Place of Disposition (Name of cemetery, crematory, or Other place)
Removal from State E3 Donation
oeter (speclfv) 6/13/2012 Bitner Crematory, LLC
16d. Location of Disposition (City or Town, State, and Zip) 17a. Signature of Funeral Service Licensee or Person in Charge of Interment 17b. License Number
Harrisburg, PA FD-013592=E
17c. Name antl Complete Address Of Funeral Facility a<e
r P 1710
18. Decedent's Educatlon - Check the box that best describes the 19. Decedent of Hispanic Origin - Check the 20. Decedent's Race - Check ONE OR MORE r s to Indicate what
r- highest degree or level Of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be.
Q 8th grade or less is Spanish/Hispanic/Latino. Check the "No" [X White [Z) Korean
E3 No diploma, 9th - 12th grade box If decedent is not Spanish/Hispanic/Latino. Q Black or African American M Vietnamese
High school graduate or GED completed E3{NO, not Spanish/Hispanic/Latino EJ American Indian or Alaska Native 0 Other Asian
E3 Some college credit, but no degree E3 Yes, Mexican, Mexican American, Chicano 0 Asian Indian E3 Native Hawa Ilan
Associate degree (e.g. AA, AS) 0 Yes, Puerto Rican E3 Chinese 0 Guamanian or Chamorro
0 Bachelor's degree (e.g. A. AB, BS) 0 Yes, Cuban E3 Filipino 0 Samoan
E3 Master's degree (e.g. MA, M5, MEng, MEd, -SW, MBA) E3 Yes, other Spanish/Hispanic/Latino 0 Japanese 0 Other Pacific Islander
M Doctorate (e.g. PhD, EOD) or Professional degree (Specify) r3 Other (Specify)
. MD ODS DVM LLB JD
21. Decedent's Single Race Self-Des lgnation - Check ONLY ONE to indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation - Indicate type of work
White 0 Japanese Q Samoan one during most of working life. DO NOT USE RETIRED.
-(j Black or African American C3 Korean E:J Other Pacific Islander Welder
0 American Indian or Alaska Native 0 Vietnamese 0 Don't Know/Not Sure
_ [ZI Asian Indian E3 Other Asian 0 Refused 22b. Kind of Business/Industry
0 Chinese E3 Native Hawalian L3 Other (Specify)
0 Filipino O Gua.nanlanorCh,ma,ro L-T.V- Steel
ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (MO Day Yr) 23b. Signature of Person Pronouncing Death (Only when applicable 23c. License Number
BY PERSON WHO PRONOUNCES OR • O p ZOO.-J
CERTIFIES DEATH C L ~/f ~J~ rp Z ~~q~
23 Date Signetl (MO/Day/Yr) 24. Time of Death 08
_ 25. Was Medical Examiner or Coroner Contacted? Yes No
_!5 0 CAUSE OF DEATH Approximate
26. Part 1. Enter the chain of events--diseases, injuries or complications--that directly caused the death. DO NOT enter terminal events such as cardlac arrest. Interval:
respiratory arrest, or ventricular fibrillation without showing the etiology. D NOT AB~BRaEVVIIAT Enter only one cause on a line. Add additional line. if necessary t Onset to Death
IMMEDIATE CAUSE ' a.
(Final disease or condition Due to (or as a consequence of):
ros ulung In death)
b.
Sequentially lisx conditions, Due to (or as a consequence of):
If any, leading to the cause
listed on lino a. Enter the c
UNDERLYING CAUSE Due to (or as a consequence of):
(disease or Injury that
initiated the events resulting d.
In death) LAST. Due to (or as a consequence of):
performed?
26. Part II- Enter other significant di i ntributi,R to death but not resulting in the underlying cause given in Part I 27. Was an autopsy N
Yes M o
128. Ware autopsy findings available
y- to complete the cause of death?
ED Yes M NO
29. If Female: 30. Did Tobacco Use Contribute to Death? 31. Manner of Death
E E3 Not pregnant within past year 0 Yes O Probably Natural 0 Homicide -Aff S 0 Pregnant at time of death Q No Unknown Accident E3 Pending Investigation
Not pregnant, but pregnant within 42 days of death J3 Suicide 0 Could not be determined
-43 ~ E3 Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (MO/Day/Yr) (Spell Month)
E3 Unknown If pregnant within the past year 33. Time of Injury
I--
34. Place of Injury (e.g. home; construction site; farm, school) 35. Location of Injury (Street and Number, City, State, Zip Code)
36. Injury at Work 137. If Transportation Injury, Specify: 38. Describe How Injury Occurred:
0 Yes Q Driver/Operator E3 Pedestrian
.S' 0 No E3 Passenger 0 Other (Specify)
39a. Certifier (Check only one):
C7r fying physician - To the best of my knowledge, death occurred due to he ause(s) and mar stated
me, date, and place, and due to the -use(s) and m anne r stated
(JJ W. Pro ouncing 6 Certifying physician - To the best of my knowledge, death o red at the ti nne
J~ E3 Medical Examiner/Coroner n the basis mination, and/or investigation, In my opinion, death occurred at the time, date, and plata and due to the cause(s) and manner stated
7 Signature of certifier: tle of certifier: JKZ License Num ®
39b. e, A dress and ip Code of Pen n Com pleting~C..,ussn. of p th (Item 6) 39c Date Signed ( o/Day/Yr)
j 40. Registrar's District Number 41. Registrars ature 42. Registrar File Oat, (MO DayYr)
- !v - / 3
V5 43. Amendments -
7/201
REV O -143
Disposition Permit No. H10
LAST WILL AND TESTAMENT
OF
ALBERT J. VISCOVICH
I, ALBERT J. VISCOVICH, of the City of Harrisburg, the County of Dauphin, and the Commonwealth
of Pennsylvania, being of sound and disposing mind, hereby make, publish and declare this my Last Will and
Testament, hereby revoking and making void all prior Wills and other testamentary writings at any time
heretofore made by me.
1. I direct my Executor or successor Executor, hereinafter named, to pay all of my just debts, funeral
and testamentary expenses as soon as conveniently can be done after my demise.
II. I give and bequeath whatever automobile I own to my brother, JOHN VISCOVICH, SR. In the
event my brother, JOHN VISCOVICH, SR., does not survive me, then the automobile shall be sold and the
proceeds added to the rest, residue and remainder of my estate.
III. I give and bequeath my tools and guns to my nephew, JOHN VISCOVICH, JR.
IV. I give and bequeath my coin collection to CHRISTINE DIXON, of Fairfax, Virginia.
V. I give, devise and bequeath the rest, remainder and residue of my estate of whatsoever kind and
wheresoever situate, in equal shares, share and share alike, absolutely and forever between:
PEARL VISCOVICH BERGONIA, per capita;
JOHN VISCOVICH, SR., per capita;
JOHN VISCOVICH, JR., per stirpes;
DENNIS BRIDA, per stirpes;
EDWINA BRIDA CARPENTER, per stirpes;
JAMES BRIDA, per stirpes;
BERNARD BRIDA, per stirpes;
DAN BRIDA, per stirpes;
LINDA VISCOVICH ARTICA, per stirpes;
BERNADETTE BERGONIA DIXON, per stirpes;
LENORA BERGONIA, per stirpes; and
LEONARD BERGONIA, JR., per stirpes.
VI. Should there be any property of whatsoever kind and wheresoever situate of which I have the right
to dispose at the time of my death, including but not limited to any special or general power of appointment or
both, I hereby appoint the same to my Executor or successor Executor set forth in Paragraphs VII and VIII
hereof.
VII. I nominate, constitute and appoint by brother, JOHN VISCOVICH, SR., of New Castle, Delaware,
as Executor of this, my Last Will and Testament and further direct that he shall serve without bond.
VIII. If the said JOHN VISCOVICH, SR. is for any reason unable or unwilling to serve as Executor of
this, my Last Will and Testament, then I nominate, constitute and appoint my nephew, JOHN VISCOVICH, JR.,
of New Castle, Delaware, as successor Executor. He, too, shall serve without bond.
IX. Said Executor or successor Executor shall have the power to discharge all the debts, liens and
encumbrances upon my estate, as well as any taxes thereon, to pay for the cost of the final disposition of my
remains and final illness, if any, to receive any and all commissions and other compensation for services rendered
2
by me during my lifetime and to perform any and all fiduciary duties authorized by statute. Further, I direct
my Executor or successor Executor to preserve my estate and any instructions pertaining to the distribution of
the same from any attachment or anticipation while in the hands of my said personal representative, it being my
express intent that all legacies shall be free from any attachment or anticipation while in the hands of the
accountant for my estate.
X. I request my Executor or successor Executor to use ROBERT D. KODAK, ESQUIRE, and
KNUPP, KODAK & IMBLUM, P.C., of Harrisburg, Pennsylvania, as attorneys for my estate, they being
familiar with my affairs.
IN WITNESS WHEREOF, I have to this, my Last Will and Testament, typewritten on four (4) pages of
paper, set my hand and seal at the end thereof this 2 day of .2000.
SEAL)
Albert J. Viscovich
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, ALBERT J.
VISCOVICH, 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, all being present at the same ave hereunto set our hands as witnesses.
(S
(SEAL)
3
COMMONWEALTH OF PENNSYLVANIA
:SS.
COUNTY OF DAUPHIN
I, ALBERT J. VISCOVICH, 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 Testament;
that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed.
Albert J. Viscovich
Sworn to and subscribed before me this
day of
, 2000.
AL
(r (SEAL)
Public
M Commission Expires: Notarial Seal
Bonnie Jo Hull, Notary Public
Harrisburg, Dauphin County
My Commission Expires July 7, 2003
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF DAUPHIN
WE, CI L ? - Z p- j< ~ 0 /4 and A I v Au in i
the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose
and say that we were present and saw ALBERT J. VISCOVICH, 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 witness, and that to the best of our knowledge, the Testator
was at that time 18 or more years of age, of sound mind and under no cons in or undue influenc .
Sworn to and subscribed before me this
day of 21
, 2000.
(SEAL)
N ublic
Commission Expires: eeal
=Da blic
nty
, 2003
Member, Pennsylvania Association otNotares '
LETTER OF DIRECTIVE TO BENEFICIARIES
OF
ALBERT J. VISCOVICH
I, ALBERT J. VISCOVICH, direct that this Letter of Directive to Beneficiaries be read at the
time of the reading of my Last Will and Testament, and that a copy of same be provided to each
Beneficiary:
IT IS my wish and desire that any Beneficiary receiving under the terms of my Last Will and
Testament not co-mingle any funds received with any spouse or significant other, but be retained in the
sole ownership of the recipient's name. It is my wish that any purchases made with the funds received,
including, but not limited to property, real or otherwise, stocks, bonds, mutual funds, vehicles, boats
and/or trailers, also be retained in the sole ownership of the recipient's name.
I MAKE this request not out of malice or ill-will toward any person or persons, but solely for
the protection of assets of my beneficiaries and out of love, caring and consideration for my family
members who receive under the terms of my Last Will and Testament.
It is my hope that this, my wish and desire, will be honored. With all good intentions and my
affection, I am
Sincerely yours,
V
Albert J. Viscovich
O
Dated: '7, y-
VERIFICATION
I, John Viscovich, Sr., being duly authorized to make this verification, do hereby
verify that the facts stated in the foregoing documents are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Date: 3 By: >
John Viscovich, Sr.
BEFORE THE REGISTER OF WILLS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF Docket No:
ALBERT J. VISCOVICH
ORDER
AND NOW, on this day of , 2013 it is hereby ordered that
the Petition to Probate a Copy of a Lost Will is GRANTED. It is further ORDERED:
A. Establish the unaltered copy of the Last Will and Testament of Albert J.
Viscovich, attached to this Petition, as Decedent's Will.
B. Admit Decedent's Will to probate.
C. Appoint John Viscovich, Sr. as Decedent's Personal Representative, to
serve without Bond.
D. Order that Letters Testamentary be promptly issued to upon the filing of
my sworn Oath of Personal Representative.
BY ORDER OF THE REGISTER OF WILLS:
J.
5
BEFORE THE REGISTER OF WILLS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF Docket No:
ALBERT J. VISCOVICH
CERTIFICATE OF SERVICE
The foregoing Petition has been served upon the following interested parties via certified
4k
mail, return receipt requested, and regular first-class mail, postage prepaid, this , day of
2013 addressed as follows:
John Viscovich, Jr.
8 Dalton Ct.
New Castle, DE 19720
Christine Dixon
c/o Bernadette Dixon
12228 Ox Hill Road
Fairfax, VA 22033
Pearl Viscovich Bergonia
1877 Dutch Hollow Road
Jersey Shore, Pa 17740
Dennis Brida
114 E. Warsaw
Marion Heights, Pa 17832
Edwina Brida Carpenter
PO Box 115
Elysburg, Pa 17824
James Brida
1110 Webster Street
Coal Township, Pa 17866
Bernard Brida
1265 Pulaski Avenue
Coal Township, Pa 17866
Dan Brida
111 N. Oak Street
Shamokin, Pa 17866
6
Linda Viscovich Artica
317 Single Avenue
New Castle, DE 19720
Bernadette Bergonia Dixon
12228 Ox Hill Road
Fairfax, VA 22033
Lenora Bergonia
610 Lark Dale Row
Wauconda,IL 60084
Leonard Bergonia, Jr.
15780 Parrish Avenue
Lowell, IN 46356
Beth Rhoades, Paralegal
7