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HomeMy WebLinkAbout04-24-13 PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Petitioner, named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof, avers the following and respectfully requests the grant of Letters in the appropriate form:: DECEDENT'S INFORMATION Estate of HAROLD E. OCKER File No. - "���"�`� I f Deceased Social Security No. 204-03-5172 Date of Death: January 28, 2013 Age at Death: 93 Decedent was domiciled at death in CUMBERLAND County, Pennsylvania,with his last family or principal residence at 473 Bethany Drive Mechanicsburg Cumberland County PA 17055 (List street,address,town/city,county,state,zip code Decedent died at 473 Bethany Drive Mechanicsburg 17055 Lower Allen Township Cumberland Co. PA List street,address,Post Office and zip code city,township or Borough County State, Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property.....................................................................$ 450,000.00 (If not domiciled in PA) Personal property in Pennsylvania.....................................$ (If not domiciled in PA) Personal property in County....................................................$ Value of real estate in Pennsylvania......................................................................................................................$ Total.........................................................................................................$ 450,000.00 Real Estate situated as follows: (attache additional sheets ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County,State ❑ A. Petition for Probate and Grant of Letters Testamentary Petitioner avers he is the named in the Last Will of the Decedent, dated State relevant circumstances,e.g.renunciation,death of Executor,etc. Except as follows, After the execution of the instrument offered for probate, Decedent did not marry, was not divorced, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(g) and did not have a child born or adopted and the Decedent was neither the victim of a killing and was never adjudicated an incapacitated person C11 *;a rrt irn ❑ NO EXCEPTIONS ❑ EXCEPTIONS a:1 W -v cii M c7 R1 B. Petition for Grant of Letters of Administration (if applicable) C.T.A. r- - m enter:c.t.a.;d.b.n.c.t.a.;pendent elite;durante�sZiia urante mino6ptq-> --Z7 -r't i If Administration, c.t.a. or d.b.n.c.t.a., August 19, 2011 Harold E. Ocker, named his dau hters Carol A. Kirk and Nancy J. Hoffman as Co-Executors of hi ill dated Au US rt 9 2011 Both Carol A. Kirk and Nancy J. Hoffman have renounced their right to serve as Co-Exe tors and mina ed Wiete r D Kirk your Petitioner, as Administrator C.T.A. Carol A. Kirk and Nancy J. Hoffman are also the sole residuary beneficiaries. Except as follows: Decedent was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(g) and was neither a victim of a killing and was never adjudicated an incapacitated person 0 NO EXCEPTIONS ❑ EXCEPTIONS Petitioner, after a proper search, has ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attached additional sheets, if necessary) Name Relationship Residence OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA . Official Use Only COUNTY OF CUMBERLAND Petitioner's Printed Name Petitioner's Printed Address PETER D. KIRK ale MEC ANI_ SB ROAD CY MECHANICSBURG, PA 17055 The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. n Sworn to and affirmed and subscribed ° w (� PETER D. KIRK cO -xy v Before me this 1 day of A jam'_ �' 2013. Cn c For the Register C") csl � BOND Required ❑ YES Q NO FEES : To The Register of Wills Letters........................... $ 41D CO Please enter my appearance by my signature below: {lY) Short Certificate(s) $ U Attorney Signatu { } Renunciation..............$ { ) Codicil(s) $ { )Affidavit(s).................. $ Bond $ Commission $ 6red Name: JERRY R. DUFFIE Other $ preme Court $ 1_ _0 I.D. No: 09601 $ I15 Firm Name: Johnson Duffie, Stewart& Weidner, $— (� • Address: 301 Market Street, P.O. Box $ Lemoyne PA 17043 $ Phone: 717-761-4540 Automation $ b• JCP Fee....................... $ .5 Fax: 717-761-3015 TOTAL......... $ Email: JRD(c_jdsw.com DECREE TO THE REGISTER Estate of HAROLD E. OCKER , Deceased. File No. -�3- 9 Social Security No: 204-0n3-5172 Date of Death: January 28, 2013 AND NOW, lA1,� �5 2013, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters of Administration C.T.A. are hereby granted to PETER D. KIRK in the above estate and that the instrument dated August 19, 2011 described in the Petition be admitted to probate and f'I of record as the Last Will of t e Dece ent. Register of Wills H105.805 REV(9/II) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. RECORD'--D 0) Fh'E QF Fee for this certificate, $6.00 """" - This is to certify that the information here given is REGIS F:f F �� 3 S OF '-k D ��P fy�y:_ correctly copied from an original Certificate of Death u duly filed with me as Local Registrar. The original 1013 APR 1 F11 i certificate will be forwarded to the State Vital a Records Office for permanent filing. x ) P 19 0 6 6 0 2 3 CLERK C JAN 1 2 13 Certification Number OR P HA N S C O ftT Local Registrar Date Issued CUMBERLAND C'. .f 1--v, Type/Print In COMMONWEALTH OF PENNSYLVANIA•DEPARTMENT OF HEALTH VITAL RECORDS Permanent CERTIFICATE OF DEATH Black Ink State File Number: 1.Decedent's Legal Name(First,Middle,Last,Suffix) I 2.Sex 3,Social Security Number 4.Date of Death(MO/Day/Yr)(Spell Ma) Harold E. Ocker Male 204- - 17 a Sa.Age-Last Birthday(Yr.) Sb.Under 1 Year Sc.Under 1 Da 6.Date of Birth(Mo/Day/Year)(Spell Month) 7a.Birthplace(City and State or Foreign Country) / Months Days Hours Minutes Shi ensbur 93 ovem a 7b.Birthplace(co�ncy) 8a.Residence(State or Foreign Country) 8b.Residence(Street and Number-Include ApY NO.) Sc.Did Decedent Live in a Township? Penns .lvania laves,d«¢dent lived in Lower Allen 8d.Residence(County) 473 Bethan Drive -P. Cumberland Be. e..de-(Zip Code) 17 055 0 No,decedent lived within limits of city/bore. 9.Ever in US Armed Forces? 30.Marital Status a[Time of Death r3 Married J0 Widowed 11.Surviving Spouse's Name(If wife,give name prior to first marriage) Yes I4 No 0 Unknown 0 Divorced 0 Never Married 0 Unknown 12.Father's Name(First,Middle,Last,Suffix) 13.Mother's Name Prior to First Marriage(First,Middle,Last) Geo.rae Ockez, Edna line 14a.Informant's Name 14b.Relationshlp to Decedent 141 Informant's Malling Address(Street and Number,City,State,Zip Code? o Carol A_ Kirk Dau hter 5155 K lock Road Mechan 15a.Place o Death C ec on Y one) ........................ ................. atient If Death Occurred Somewhere Other Than If Death Occurred in a Hospital: Inp p Hospice Facility LJ Decedent's Home 0 Emergency Room/Outpatient 0 Dead on Arrival Nursing Home/Long-Term Care Facility Other(Specify) aK 15b.Facility Name(If not Institution,give street and number) •ISc.City or Town,State,and Zip Code 1Sd.County of Death Bethan Villa e Lower Allen Tw PA 17 e ,LLB, 161.Method of Disposition ® Burial 0 Cremation 16b.Date of Disposition 16c.Place of Disposition(Name of cemetery,crematory,or other place) 0 Removal from State 0 Donation 201 3 Other(Specify) February 1, Roll1rig Green Cemetery 16d.Location of Disposition(City or Town,State,and Zip) 17a.Sig -1 Service Licensee or Person in Charge of Interment 17b.License Number Lower Allen Tap., PA 17011 FD 012 848 L E 17c.Name and Complete Address of Funeral Facility 3 Parthemore FH&CS, Tnc. , PO Box 431 N Cumberland PA 17070-0431 18.Decedent's Education-Check the box that best describes the 19.Decedent of Hispanic Origin-Check the 20.Decedent's Race-Check ONE OR MORE races to indicate what 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. 0 8th grade or less is Spanish/Hispanic/Latino. Check the"No" J93 White 0 Korean 0 No diploma,9th-12th grade box if decedent Is not Spanish/Hispanic/Latino. 0 Black or African American 0 Vietnamese 0 High school graduate or GED completed ($No,not Spa nlsh/Hispanic/Latino 0 American Indian or Alaska Native 0 Other Asian 0 Some college credit,but no degree 0 Yes,Mexican,Mexican American,Chicano 0 Asian Indian 0 Native Hawaiian 0 Assoclate degree(e.g.AA,AS) 0 Yes,Puerto Rican 0 Chinese 0 Gua manlan or Chamorro r Bachelor's degree(e.g.BA,AB,BS) 0 Yes,Cuban 0 Filipino 0 Samoan Master's degree(e.g.MA,M5,MEng,MEd,MSW,MBA) 0 Yes,other Spanish/Hispanic/Latino 0 Japanese 0 Other Pacific Islander 0 S Doctorate(e.g.PhD,EdD)or Professional degree (Specify)pec fy) 0 Other(Specify) .MD DDS DVM LLB JD 21.Decedent's Single Race Self-Designation-Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a.Decedent's Vsual Occupation-Indicate type of work %K White 0 Japanese 0 Samoan done during most of working life. DO NOT USE RETIRED. 0 Black or African American 0 Korean 0 Other Pacific Islander p 0 American Indian or Alaska Native 0 Vietnamese 0 Don't Know/Not Sure comptroller .' 0 Asian Indian 0 Other Asian 0 Refused 22b.Kind of Business/Industry 0 Chinese 0 Native Hawa Ilan 0 Other(Specify) 0 Filipino 0 Guamanian or Chamorro Aviation ITEMS 23a-23d MUST BE COMPLETED 123a.Date Pronounced Dead(MO/DaY/Yr) 23 .Signature of Person Pronouncing Death(On y when appli.a e) 23c.Licen's`e Num ar CE PERSON WHO PRONOUNCES OR o�, nepp �-33 ^� .��L- CERTIFIES DEATH _ lI�+. /W 23d.Dat Signed(Mo/Day/Yr) 24.Time of Death `�y�(�(J� (7�'�•J J ' /� 0 ��s so'?C:)/ -V 4113 25.Was Medical Examiner or Coroner Contacted? 0 Yes No CAUSE OF DEATH Approximate 26.Part 1. Enter the chain of events--diseases,Injuries,or com plicatlons--that directly caused the death. DO NOT enter terminal events such as cardiac arrest Interval: respiratory arrest,or ventricular fibrillatioAn��without showing the etiology. DO NOT ABBREVIATE. Enter only a on a Iine. Add additional lines if necessary Onset to Death IMMEDIATE CAUSE --------------> a. W/�r(A J�� Zr �C • J7(,�� r u���YGiL ' -(Fine.disease or condition Due to(or consequence of): resulting In death) b /'^/)) ^!v^_" /� n J y /'����� Sequentially list conditions, WP�/V r71V 7 Due to(Tor as a coonnseeg,ence of): J Lr If any,leading to the cause I fisted online a. Enter the UNDERLYING CAUSE Due to(or as a consequence of): (disease or Injury that Fin the events resulting d. in death)LAST. Due to(or as a consequence of): s 26.;6.//Pan �r II. Enter other significant l conditions contra [in t h but not resulting in the underlying cause given in Part 1 27.Was an autopsy performed? Gssvy 1N�L, 14/\ ,v� 11 a�4 0 Yes No 28.Were autopsy findings available t4 /� /�ffi1J [o complete the cause of death? �s rJ s T 0 Yes 10 No 29.If Female: 30.Did Tobacco Use Contribute to Death? 31.Manner of Death E 0 Not pregnant within pasty ar 0 Yes 0 Probably "Natural 0 Homicide S 0 Pregnant at time of death 0 No �Unknown [� Accident 0 Pending Investigation 3 Not pregnant,but pregnant within 42 days of death 0 Suicide 0 Could not be determined ((( 0 Not pregnant,but pregnant 43 days to 1 year before death 32.Date of Injury(Mo/Day/Yr)(Spell Month) ~ 0 Unknown If pregnant within the past year 33.Time of Injury 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 0 Driver/Operator 0 Pedestrian 0 No 0 Passenger 0 Other(Specify) 39a.Certifier(Check only one): �( Certifying physician-To the best of my knowledge,death occurred due to the causes)and manner stated Pronouncing&Certifying physician-To the best of my knowledge,death occurred at the time,date,and place,and due to the cause(s)and manner stated 0 Medical Examiner/Cc -On the basis of examination,and/or Investigation,in my opinion,death occurred at the time,date,and place,and due to the cause(s)and manner stated \\}\� Signature of certifier: Title of certifier: MP License Number:M 0.4-x- 39b.Name,Address and Zip C of a ©eYing ause o Death(Item 26) V)_ S Date 5 Inad 40.Registrars District Number 43.Registrar' o- 4 Registra File Dale /Day/Vr) 43.Amendments my i 55 n n H105-143 Last Will and Testament OF call� -20 ZD HAROLD E. OCKER rvD w� I, HAROLD E. OCKER, of Lower Allen Township, Cumberland'County. PeTrnsA, mi,a, 4 �J declare this to be my last Will and revoke any Will previously made by me.` `. I. I direct that all my legal debts and funeral expenses, including my gravemarker and all expenses of my last illness that the Co-Executrixes are obligated to pay, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. II. I bequeath my automobile, household goods and personal effects and other tangible personalty of a like nature (not including cash or securities), together with any existing insurance thereon, to my daughters, CAROL A. KIRK and NANCY J. HOFFMAN, to be divided between them with due regard for their personal preferences in as nearly equal shares as practical. Should either of my daughters, CAROL A. KIRK or NANCY J. HOFFMAN, predecease me, I bequeath her share such tangible personalty and insurance thereon to said deceased daughter's then living issue, per stirpes. 111. I direct that the following pecuniary bequests shall be made to each of my named grandchildren as follows: A. Five Thousand ($5,000.00) Dollars to my granddaughter, LAURI A. BECKER. If my granddaughter, LAURI A. BECKER, shall predecease me, I bequeath said pecuniary bequest, in equal shares, to her then living issue, per stirpes, and in default of said issue said bequest shall be distributed, in equal shares, between her surviving siblings, WENDY K. KIRK and BRADLEY D. KIRK, or, if applicable, his or her then living issue, per stirpes. B. Five Thousand ($5,000.00) Dollars to my granddaughter, WENDY L. KIRK. If my granddaughter, WENDY L. KIRK, shall predecease me, I bequeath said pecuniary bequest, in equal shares, to her then living issue, per stirpes, and in default of said issue said bequest shall be distributed, in equal shares, between her surviving siblings, LAURI A. BECKER and BRADLEY D. KIRK, or, if applicable, his or her then living issue, per stirpes. C. Five Thousand ($5,000.00) Dollars to my grandson, BRADLEY D. KIRK. If my grandson, BRADLEY D. KIRK, shall predecease me, I bequeath said pecuniary bequest, in equal shares, to his then living issue, per stirpes, and in default of said issue said bequest shall be distributed, in equal shares, between his surviving siblings, LAURI A. BECKER and WENDY L. KIRK, or, if applicable, her then living issue, per stirpes. D. Five Thousand ($5,000.00) Dollars to my grandson, TYLER B. HOFFMAN. If my grandson, TYLER B. HOFFMAN, shall predecease me, I bequeath said pecuniary bequest, in equal shares, to his then living issue, per stirpes, and in default of said issue said bequest shall be distributed to his brother, TODD C. HOFFMAN, or, if applicable, his then living issue, per stirpes. E. Five Thousand ($5,000.00) Dollars to my grandson, TODD C. HOFFMAN. If my grandson, TODD C. HOFFMAN, shall predecease me, I bequeath said pecuniary bequest, in equal shares, to his then living issue, per stirpes, and in default of said issue said bequest shall be distributed to his brother, TYLER B. HOFFMAN, or, if applicable, his then living issue, per stirpes. Further, I direct that in the event that any of my named grandchildren shall predecease me and said share shall be distributed to said deceased grandchild's then living issue, per stirpes, that if the pecuniary bequest is payable to a minor or minors, that said pecuniary bequest be distributed to the issue's parent and not subject to the provisions of Paragraph V of this Will. -2- IV. I devise and bequeath the residue of my estate of every nature and wherever situate, in equal shares, to my daughters, CAROL A. KIRK and NANCY J. HOFFMAN. Should either of my daughters, CAROL A. KIRK or NANCY J. HOFFMAN, predecease me, I devise and bequeath her share of the residue of my estate of every nature and wherever situate to her then living issue, per stirpes. V. Except as provided in Paragraph III, should any of my issue entitled to a share of my estate not have attained the age of twenty-one (21) years at the time of distribution to him or her, I devise his or her share to ORRSTOWN BANK, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share or 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 and 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 and education and to make payments for these purposes, without further responsibility, to such person or such issue's parent or to any person taking care of such issue. Any such principal or income not so applied shall be distributed to such issue absolutely when he or she attains the age of twenty-one (21). If the issue dies before attaining the age of twenty-one (21), the Trust shall terminate and such share shall be distributed to his or her personal representative. VI. I direct that the interest of the beneficiaries hereunder shall not be subject to anticipation or voluntary or involuntary alienation. VII. 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 a part of the expense of the administration of my estate. -3- VIII. I appoint my daughters, CAROL A. KIRK and NANCY J. HOFFMAN, Co-Executrixes of this, my last Will. Should either of my daughters, CAROL A. KIRK or NANCY J. HOFFMAN, fail to qualify or cease to act as Co-Executrix, then I appoint the other as Executrix of this, my last Will. IX. I direct that my Co-Executrixes or their successor or successors shall not be required to post bond for the faithful performance of their duties in any jurisdiction. r h IN WITNESS WHEREOF, I have hereunto set my hand and seal this I"! ^ day of 2011. (SEAL) HAROLD E. OCKER 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. -4- ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : . ss: COUNTY OF CUMBERLAND I, HAROLD E. OCKER, 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. +� 4 HAROLD E. OCKER Sworn or affirmed to and acknowledged before me, by HAROLD E. OCKER, the Testator, this day of , 2011. Not Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gail J.Mahoney,Notary Public Lemoyne Borough,Cumberland County My commission expires February 19,2014 -5- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND We, JearH -PLt i e and 1 Wt If Stee , the witnesses whose names are signed to the foregoing instrument, being 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 that time at least 18 years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by 'Je/YY � and S 5 eK-, witnesses, this day of S� , 2011. 4 No ublic :453470 COMMONWEALTH OF PENNSYLVANIA ;s MONWEALTH OF PENNS`--"LVANIA NOTARIAL SEAL NOTARIAL SEAL Gail J.Mahoney,Notary Public Fail J.Mahoney,Notary Public Lemoyne Borough,Cumberland County amoyne Borough,Cumberland County My commission expires February 19,2014 My commission expires Februar) 0,2014 COMMONWEALTh Or. EG0 OTARIAL S>✓ Mahoney,Notai. orough,Cumberland county ssion ex ires February 19,2014 -6- RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of HAROLD E. OCKER , Deceased I, CAROL A. KIRK , in my relationship as Daughter of the Decedent and Co-Executrix of decedent's Will dated August 19, 2011, hereby renounce my right to serve as Co-Executrix and respectfully request that Letters of Administration C.T.A. be issued to my husband, PETER D. KIRK. WITNESS my hand this�_day of , 2013. (Date) CAROL A.KIRK 5155 Kylock Road Mechanicsburg, PA 17055 Executed in Register's Office Executed out of Register's Office COMMONWEALTH OF COUNTY OF SWORN to and subscribed before me Before the undersigned personally appeared the this day of 2013. party executing this Renunciation and certified that he executed the Renunciation for the purposes stated within on this day of Deputy for Register of Wills ��,2013. tary Public My Commission Expires: NOTARIAL SEAL JOHN U KlTCH LOWER.ALLEN TWP.,CWAIRL#V CNTY M rn 1►CopMMWoq E*M$ 162013 C'> 0 rn c3 c :z rn M 1"{t cn f 1=7 O CA C-> e r -T7 -rr. y 9 C—) f- Lrs C> -11 - -n, RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of HAROLD E. OCKER , Deceased 1,NANCY J. HOFFMAN , in my relationship as Daughter of the Decedent and Co-Executrix of decedent's Will dated August 19, 2011, hereby renounce my right to serve as Co-Executrix and respectfully request that Letters of Administration C.T.A. be issued to my brother-in-law, PETER D. KIRK. WITNESS my hand this Z. day of ) 2013. -3/24�ZO r 3 ' Q-�(�-- (Date) NANCY J.HOFFM N 42 October Glory Avenue Oceanview, DE 19970 Executed in Register's Office Executed out of Register's Office STATE OF _7>'E COUNTY OF 'S,;, s�Se X SWORN to and subscribed before me Before the undersigned personally appeared the this day of ,2013. party executing this Renunciation and certified that he executed the Renunciation for the purposes stated w' this a day Deputy for Register of Wills IMdnG� t u lic My Commission Expires: Ll(21 < MARK DAVID OWSLEY Notary Public STATE OF DELAWARE My Commission @pires 11/2013 w M Co 0 m.zC cr, = T' r— r ) M �.' �c c c'a C) -� Cl) �, {n c3 -.7