HomeMy WebLinkAbout09-23-14 ' 3
IN RE: : ORPHANS' COURT DIVISION
ESTATE OF JAMES W. CARMODY, : REGISTER OF WILLS OF
Deceased : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-14- ctU�5
PETITION TO PROBATE PHOTOCOPY OF THE
LAST WILL AND TESTAMENT OF JAMES W. CARMODY
AND FOR GRANT OF LETTERS
NOW COME Petitioners, Michael J. Carmody and Mark A. Carmody ("Petitioners"), by
and through their attorney, Linda J. Olsen, Esquire, and file the within Petition to Probate
Photocopy of the Last Will and Testament of James W. Carmody and for Grant of Letters. In
support of this Petition, Petitioners aver as follows:
1. Petitioner, Michael J. Carmody, is an adult individual residing at 4004 Boleyn
Terrace, Olney, Maryland 20832,
2. Petitioner, Mark A. Carmody, is an adult individual residing at 6033 Williams
Drive, Mechanicsburg, PA 17050.
3. Decedent is James W. Carmody ("Decedent"), who was born on September 27,
1929.
4. Petitioners are the sons of Decedent.
5. Decedent died on August 10, 2014. A copy of Decedent's death certificate is
attached hereto as Exhibit"A."
6. At the time of his death, Decedent was domiciled in Cumberland County,
Pennsylvania, with his last principal residence at 7 Ronald Road, Mechanicsburg, Pennsylvania
17050.
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7. Decedent was widowed. c' � o
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8. On September 16, 2002, Decedent executed a Last Will and Testament ("Will"), a
copy of which is attached hereto as Exhibit`B."
9. The Will was prepared by James E. Reid, Jr., Esquire, of Shumaker Williams PC,
then having offices in Camp Hill, Pennsylvania.
10. Witnesses to the Decedent's Will dated September 16, 2002 were Deborah L.
Galbraith, of Mechanicsburg, Pennsylvania and Laura L. Hoke, of Mechanicsburg, Pennsylvania.
11. The Will contains a self-proving affidavit which was notarized by Cynthia L.
Thomas, Notary Public.
12. The Will names Decedent's sons, Mark A. Carmody, Scott W. Carmody and
Michael J. Carmody, as Executors.
13. Scott W. Carmody desires to renounce his right to administer the Estate of the
Decedent and requests that his brothers, Mark A. Carmody and Michael J. Carmody be
appointed Executors.
14. Petitioners made a diligent search for the original Will, including making
inquiries with the law offices of Shumaker Williams PC, who confirmed that the drafting
attorney, James E. Reid, Jr., Esquire, was employed with them at the time the Will was drafted,
however they have no record of the Will.
15. Staff at Shumaker Williams PC also advised the undersigned that Mr. Reid has
retired from the practice of law.
16. The Pennsylvania Disciplinary Board lists James E. Reid, Jr. as an active attorney
with an address of 2622 Walnut Street, Camp Hill, Pennsylvania, with a telephone number at
717-761-7492. See Exhibit"C" attached hereto.
17. Attempts to reach Attorney Reid at the above telephone number were
unsuccessful.
18. Petitioners also made a diligent search for the witnesses of the Will, but current
contact information could not be found.
19. Shumaker Williams PC confirmed that neither of the witnesses worked at the law
offices at the time the Will was executed.
20. At some point after the execution of the Will, the original was apparently lost by
Decedent.
21. Pursuant to the Last Will and Testament of James W. Carmody, the estate is to be
distributed in equal shares to Decedent's sons Mark A. Carmody, Scott W. Carmody and
Michael J. Carmody,per stirpes.
22. All of the Decedent's heirs are living.
23. The probate assets of the estate have a value of approximately$525,000.00.
WHEREFORE, Petitioners respectfully request that a photocopy of the Last Will and
Testament of James W. Carmody dated September 16, 2002 be admitted to probate as if it were
the original and that Letters Testamentary be granted to Petitioners, Michael J. Carmody and
Mark A. Carmody, the Executors named in the Will of Decedent.
Respectfully submitted,
Hazen Elder Law
Date: g11dIX By: "-- i ,
in a J. Olsen, E uire
Attorney ID No. 92858
2000 Linglestown Road, Suite 202
Harrisburg, Pennsylvania 17110
(717)540-4332
lolsen&hazenelderlaw.com
Attorney for Petitioner
IN RE: : ORPHANS' COURT DIVISION
ESTATE OF JAMES W. CARMODY, : REGISTER OF WILLS OF
Deceased : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-14-
CERTIFICATE OF SERVICE
1, Linda J. Olsen, Esquire, certify that on `� , 2014, I served a
true and correct copy of the within Petition to Probate Photocopy of the Last Will and Testament
of James W. Carmody and for Grant of Letters on the parties named below, by depositing same
in the United States mail, first class,postage prepaid, addressed as follows:
Mark A. Carmody
6033 Williams Drive
Mechanicsburg, PA 17050
Michael J. Carmody
4004 Boleyn Terrace
Olney, MD 20832
Scott W. Carmody
7 Ronald Road
Mechanicsburg, PA 17050
By:
Linda AOlsen, Usquire
Attorney ID No. 92858
2000 Linglestown Road, Suite 202
Harrisburg, Pennsylvania 17110
(717) 540-4332
Last Will and Testament
Of
James W. Carmody
September 16 , 2002
Last Will and Testament
Of
James W. Carmody
I, James W. Carmody, of Cumberland County, Pennsylvania ,
declare this to be my Last Will and Testament, hereby revoking
any Will previously made by me.
I --I direct the payment of all my just debts and funeral expenses
out of my estate as soon as may be practical after my death.
II — I bequeath all of my automobiles and other articles of personal
and household use , including, but not limited to household goods,
furniture, personal effects and other tangible personal property, in
equal shares to my sons, Mark A. Carmody, Scott W. Carmody
and Michael J. Carmody, to be divided among them as they may
agree, or, in the absence of an agreement as my executors may
deem appropriate, provided that any article which my executors
consider unsuitable may be sold and the proceeds thereof added to
my residuary estate. Should any of my sons not be living at the
time of the distribution, his bequest contained in this paragraph
only shall lapse.
III — Since my son, Scott W. Carmody lives with me, he should be
offered the first opportunity to purchase my home at the net fair
market value at the time of my death. If my son, Scott W.
Carmody does not wish to purchase the home then either of my
other two sons should be offered the opportunity to acquire the
home at the net fair market value. If none of my sons wish to
acquire the home, the home should be sold. The proceeds from the
sale, either to one of my sons or public sale shall be added to my
residuary estate and divided equally among my sons, Mark A.
Carmody, Scott W. Carmody and Michael J. Carmody.
Last Will and Testament of James W. Carmody—Page 2
IV- There is four groups in which my sons have been named as
designated beneficiary or co-owner. This will not be changed,
however, the following explanation should be considered:
1. Insurance policies — Met-Life and Civil Service — One third
to each of my sons. Both Met-Life and Civil Service should
be notified so that additional payments would not be
necessary. Both are automatic.
2. I.R.A.s — Currently the IRA's are at Allfirst Bank at 9.35%
and at Schwab Brokerage in Mutual Funds. Since I am over
70 1/2 I withdraw based on the schedule requiring withdrawal.
Money will be withdrawn from Schwab first then from the
account at Allfirst Bank which expires in December,2006.
The other account at Allfirst does not expire until December.
2009. Each of my sons will have options and each should use
the option that is best for him, as allowed by law.
3. Series I Bonds — Three bonds in the amount of$5,000.00
each were purchased in joint names with my individual sons.
This was considered as a gift to each of my sons in the year
2001, therefore any or all of my sons who want or need the
money from the bonds can have them at any time. Please
note that the total of gifts given to my sons , other than the
bonds was only $2,000.00, therefore the gifts in 2001 was
less than the $10,000.00, even if the bands were included.
4. The checking account at Allfirst Bank is in my name and
Scott's name. All automatic payments are through this
account. This account usually has between $5,000.00 and
$10,000.00, which are used to pay all automatic items which
include Utilities, Charge Accounts, Insurance, Taxes, etc. I
do not believe that anything should be done with this other
than transferring the amounts and automatic payments to
Scott's checking account, because within two months, all
money in this account would be used. Most, if not all of the
expenses would have been incurred prior to my death.
Last Will and Testament of James W. Carmody — Page 3
V — I devise and bequeath all of the rest, residue and remainder of
my estate of every nature and whatsoever situate in equal shares to
my sons Mark A. Carmody, Scott W. Carmody and Michael J.
Carmody, or their issue, per stirpes (Direct descendents).
VI — I appoint my sons, Mark A. Carmody, Scott W. Carmody and
Michael J. Carmody to be Executors of this, My Fast Will and
Testament. l direct that my Executors shall not be required to enter
bond or furnish surety in any,jurisdiction.
VII — I authorize my Executors to exercise the following powers in
addition to those given by law, to be exercised in their sole
discretion:
a. To retain any or all assets of my estate, real, personal or mined,
without regard to any principle of diversification, risk or
productivity.
b. To invest in all forms of property as may from time to time be
authorized for Pennsylvania fiduciaries or Executors.
c. To sell at public or private sale, to exchange, mortgage or lease
for any period of time, including to any of my beneficiaries under
the terms of this Will and including during the time of
administration of my estate, and to repair, alter or improve any real
or personal property and to give options and provide for the sale,
exchange or lease for such prices and upon such terms and
conditions as they deem proper or to transfer any real estate, in
kind, to any beneficiary of my estate in satisfaction , in whole or in
part of a beneficiaries' distribution share of my estate.
d. To compromise any claim or controversy.
Last Will and Testament of James W. Carmody—Page 4
e. To make distributions hereunder in cash, in kind, or partly in
cash and partly in kind.
f, To make any distribution hereunder for the benefit of minor
beneficiaries or others who, in their opinion, are incapacitated
through illness, age or other causes, directly to the beneficiary
thereof, to the natural or legal guardian or the person who has
custody of such beneficiary, or to apply any such distribution
directly to the benefit of such beneficiary. The receipt of such
persons to whom payment is made or entrusted shall be a complete
discharge of the fiduciary-in respect thereof.
g. In general, to exercise all powers in the management of any
funds which any individual could exercise in the management of
similar property owned in his own right upon such terms and
conditions as to them may seem best and to execute and deliver all
instruments and to do all acts which they deem necessary or proper
to carry out the purpose of this Will.
In witness whereof, I have hereunto set my hand and seal to this,
My Last Will and Testament this 1L, day of September,2002.
J#es W. Carmody
Signed, sealed, published and declared by the above-named
Testator, James W. Carmody, as and for this Last Will and
Testament in the presence of us, who hereunder subscribed our
names at his request as witnesses thereto, in the presence of said
es t r andof e ph her.
dress:
I I 601L&16 V ftik Address. ' &, �,GO �(
Last Will and Testament of James W. Carmody --Page S
Commonwealth of Pennsylvania:
County of Cumberland
We the undersigned, the Testator and the witnesses respectively,
whose names are signed to the foregoing instrument, being first
duly sworn, do hereby declare to the undersigned authority that the
Testator signed and executed the instrument as his Last Will and
Testament and that he signed willingly (or willingly directed
another to sign for him), and that he executed it as his free will and
voluntary act for the purpose therein expressed, and that each of
the trustees signed the Will as witnesses and that to the best of
their knowledge the Testator was at that time eighteen years of age
or older, of sound mind, and under no constraint or undue
influence.
Ja es W. Carmody
Witness
itness
Subscribed, sworn to and acknowledged before me by the Testator
and subscribed and sworn to before me by both witnesses, this
l Ah day of Member, 2002,
N a Public
tJotarial S0ai
Public
Cynthia L-ThoCum4end County
Hampden Twp., `'
My Commission Exp'ues idea.1,2004
Memt7er,Pennsylvania Association of Notaries
9/15/2014 PA Attorney Information I Pennsylvania Disciplinary Board
'-ffieDisci plinfivBoard
CU
of the Supreme Court of Pennsylvania
PA Attorney Information
James E. Reid Jr.
PA Attorney K'D: 18032
Trrerft S`.-4tvs. Active
Date Of
10/03/1973
Adrrtl�ssmn:
LrnM;'rrr-:
3
Cumberland
Pifhhc Arc;(-,,,ss 2622 WALNUT ST
A d d res,s: CAMP HILL, PA 170113648
*T a": 717 761-7492
I do not maintain Professional LLiability Insurance pursuant to the provisions of Rule of Professional Jahilify
Conduct 1.4(C), but I do have private clients and/or a possible exposure to malpractice actions,
com'rntenl"
0 1 s C i P 11 n e.
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