Loading...
HomeMy WebLinkAbout03-28-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: Thomas A.Hosie,Jr File No: a/k/a: Tom Hosie (Assigned by Register) a/k/a: Thomas A. Hosie a/k/a: Social Security No: Date of Death: 3/16/13 Age at death: 68 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 387 Walton Street,Lemoyne 17043 Lemoyne Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at M.S.Hershey Medical Center,Hershey 17033 Hershey Dauphin PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania.... ......... All personal property $ 500,000.00 If not domiciled in Pennsylvania. ..... .. .............. Personal property in Pennsylvania $ If not domiciled in Pennsylvania, .-,... ...... ...... ... Personal property in County $ Value of real estate in Pennsylvania..... ............................ . ... . .... ............... $ 225,000,00 TOTAL ESTIMATED VALUE. — $ 725 0 0.00 Real estate in Pennsylvania situated at: 387 Walton Ave,Lemoyne 17043 Lemoyne Cumberland (Attach additional sheets,if necessary.) Street address,Post office and Zip Code City,Township or Borough County P1 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated-March 1,2013 and Codicil(s) thereto dated State relevant circumstances(eg.renunciation,death of executor,etc-) Except as follows: after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. G)NO EXCEPTIONS 0 EXCEPTIONS B. Petition for Grant of Letters of Administration (Ifapplicable) e.t.a.,d.b.n.,dAn.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of killing nor ever adjudicated an incapacitated person, 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/haveascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(attach additional sheets,if neressary): Name Relationship Adms 0�) t Form RW-02 rev, 1011112011 Pagel of Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA I SS: COUNTY OF Cumberland E 0 F Petitioner(s)Printed Name Petitioner(s)Printed Address L- F,19,11 8 �i" John C Oszustowicz 104 S Hanover St.,Carlisle,PA 17013 1 1 : -7 1,A V GUN-.BEFIAC-" The Petitioner(s)above-named swear(s)or affirm(s)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 the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date h f r me this day of Date By: j t j L, : k , i Date For the Register Date BOND Required: 0 YES (j) NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . Attorney Signature: Short Certificate(s). . . . . . 17 C, Renunciation(s).. Codicil(s). . . . . . . . . Affidavit(s).. . . . . . . .. . V Bond.. .. . . . . .. ... . . . . . . . . . . . Printedi-Name: John C Oszustowicz Commission. . . . . . . . . . . . . . . . . . Supreme Court Other ID Number: 37076 .. . . . . . . . Firm Name: Law Office of John C Oszustowicz Address: 104 S Hanover St. Carlisle, PA 17013 .. . . . . . . Phone: 717-243-7437 Automation Fee. . . . . . . . . .. . Fax: 717-258-8379 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: -johno4carlislepalaw-corn TOTAL—... . . . . . .. . . . DECREE OF THE REGISTER Estate Of Thomas A.Hosie,Jr File No: a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to L r, in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. X ister of Wills Form RW-02 rev,1011112011 Pd 2 of 2 ECt" r ,,� LAST WILL AND T1--STAMENT j ii 2 u THOMAS A. V JSIE qF;kfH'61VIAS A. HOSIE, of Cumberland County, Pennsylvania, do make, publish aWM r�;thit. as Abd for my Last Will and Testament, hereby expressly revoking all wills and codicils made by me heretofore, and dispose of my estate as follows: ITEM 1: 1 direct the payment of my just debts and funeral expenses, including a suitable and proper grave marker, as soon as conveniently can be done following my decease. ITEM 2: 1 direct that all State and Fedei,�l Transfer Inheritance Tax, Estate Tax, Succession Tax or any other tax, including r?riy interest, assessments or penalties thereon, that may become due and payable by virtue of my death, or by virtue of the passing of any property either under my Last Will and Testament, or in any other manner, shall be paid from my residuary estate, just apt if such taxes were my debts, and no beneficiary shall be required to pay or refund any-cart thereof. ITEM 3: 1 give a life estate for his lifetime in my residence and ownership of all personal household property located at 387 Walton St., Lemoyne, PA to LONNIE MAXWELL. Upon the death of LONNIE MAXWELL, I give the house to MARCIA HECKERT. ITEM 4- 1 give, devise and bequeath iy automobile to LONNIE MAXWELL. Any loans against such property shall be paid fr: m the residuary of my estate. ITEM 5: 1 give, devise and bequeath any,.ariterest I have in tracts of ground on Hill Street, Mt. Holly Springs, PA identified as Farcel No. 23-12-0340-003 to MARCIA HECKERT. > ITEM 6: 1 give, devise, and bequeath al; of my Irish art and Collectibles to the Ancient Order of Hibernians of Cumberland Co6`ity. ITEM 7: 1 give $100,000 to be held in TT-ast by JOHN C. OSZUSTOWICZ. This Trust shall be managed and the funds utilized as needed to pay taxes, insurance, television/cable/internet, and utility expenses oh my property and $200 per month to LONNIE MAXWELL for his lifetime. Upon the death of LONNIE MAXWELL, this Trust shall terminate and the remaining assets distributed according to ITEM 8 below or to the survivors of them. ITEM 8: All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise as follow 18.5% to MARCIA HECKERT of Mt. Holly Springs, PA 18.5% to FERN GARDNER of Mt. Holly Springs, PA 18.5% to DOLORES RHODES of Harrisburg, PA 18.5% to SEAMUS HENNESSEY of Cherry Hill, NJ 18.5% to MOUNT SAINT MARY'S UNIVE�'RSITY Scholarship fund 5% to TT DUNNMYRE of Harrisburg, PA 2.5% to TODD SCHULTZ of Camp Hill, PA ITEM 9: In the administration of my esit to my Executor shall have the following powers without leave of court in addition to, but -,ot in limitation of, the powers granted by law to the Executors of estates, which powers .;'-gall continue after the termination of my estate until actual distribution of the assets: 2 A. To receive in the estate and to retair any assets, real or personal, to which I may be entitled at the time of my death, which my Executor may deem for the best interest of the estate without being required to convert said assets into so-called "legal investments". B. To invest and reinvest in such securities as a prudent investor of intelligence and discretion would buy for himself for investment, and not for speculation, giving due regard to the safety of the principal and the adequacy of the income, and without being limited to the so-called "legal investments" of the Commonwealth of Pennsylvania, said investment authority to include the right to invest in any Discretionary or Legal Common Trust Fund that may be administered and rr.anaged by a Corporate Executor or Corporate Trustee. C. To sell or buy real estate without Coup..order at public or private sale; to make, execute and deliver or receive good and suffic'ent deeds of conveyance and give or receive good title therefor; to reinvest the proce--pis as if they had originated in personal property; to mortgage or encumber any real estate comprising part of my estate, borrowing the necessary funds from himself or from any other source; to improve any property or otherwise expend principal funds.: for the upkeep and welfare of any properties; to release, vacate and abandon the Name; to grant and acquire licenses and easements with respect thereto; to make impr.;vements to or upon the same; and in general to do all things necessary in the manacvment of the properties as if he is the owner thereof, including the right to let property and to make leases for any term. The purchaser shall not be required to see to the proper application of proceeds but may pay the same over to the Executor selling the same. ., 3 i D. To make distribution hereunder in cash or of property and securities in kind at fair market value at the time of such distributi(') i and in such a manner as to be fair, equitable and just to all concerned. Distribut cns of property and securities are not required to be identical among the beneficiarie- , and some may receive one type of property or security while another may receive another type of property or security. E. To exercise any election or privilege riven by the federal and other tax laws, including but not limited to, the election of the all:ernate valuation date for federal estate tax purposes, the election to claim deduction: for federal estate tax or for federal income tax purposes, and the election of the method of payment of pension, profit- sharing, HR-10, individual retirement accoun`, and any other similar benefits. In i addition, my Executor, in his sole discretio., may make or not make equitable adjustment among the beneficiaries, without consent of the beneficiaries, for the exercise or non-exercise of any election or privileges. ITEM 10: 1 nominate, constitute and ap,,)oint JOHN C. OSZUSTOWICZ, to be Executor of this, my Last Will and Testament. If;JOHN C. OSZUSTOWICZ is unable or unwilling to serve or continue to serve as Execui',or, I appoint MARCIA HECKERT to be Executrix of this, my Last Will and Testament. _. No Executor shall be required to give bond. ITEM 11: Wherever the context requires, the masculine gender shall include the 4 feminine gender and neuter gender, and vice \,:-,rsa, and the singular shall include the plural, and vice versa. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1Sfday of 2013. THOMAS A. HOSIE Signed, sealed, published, acknowledged and declared by the above-named Testator, THOMAS A. HOSIE, as and for his Lass` Will and Testament, in the presence of us, who, at his request, in his presence and in they presence of each other, have hereunto subscribed our names as witnesses thereto. Of IVI i CS 5 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND 1, THOMAS A. HOSIE, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that 1 signed and executed the instrument as my free and voluntary act for the purposes therei7 Contained. f',HOMAS A. HOSIE Sworn to or affirmed and acknowledged before me by THOMAS A. HOSIE, the Testator, this I I I day of M(A 12013. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Kimberly R.Leo,Notary Public Carlisle Boro,Cumberland County Notary Public my commission Expires Oct.10,2013 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND We, the undersigned witnesses who sigried the foregoing instrument, being duly qualified according to law, depose and say that,,,ve were present and saw Testator sign and execute the instrument as his Last Will and -k-estament; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed, that each of us in his sight and hearing signed the Will as wit-iesses; that Testator is known to each of us; and that to the best of our knowledge and (�')servation the Testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. IV Sworn to or affirmed and subscribed to before me by-!Awo 0, 0sZUSIDWIlC2 and Oi%? StekV-�iaL witnesses, this 1�4 4day of Marc� _, 2013. L LLO Notary Public COMMONwEAL:rH OF PENNSYLVANIA Notarial Seat Kirnburly R.Leo,Notary Public g 6 Carlisle Boro,Cumberland County I My Commission Expires Oct.10,2013