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HomeMy WebLinkAbout09-24-15 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: JAMES_ N. O'BRIEN JR. File No: a/k/a: ,r m--,5 (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 09/04/2015 Age at death: 84 Decedent was domiciled at death in 'CUMBERLAND County, PENNSYLVANIA (State)with his/her last principal residence at 350 WALNUT STREET LEMOYNE PA 17043 LEMOYNE BORO CUMBERLAI'd Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 350 WALNUT ST.,NEW CUMBERLAND, PA LEMOYNE BORO CUMBERLAND 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 $ 400,000 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 242,000 TOTAL ESTIMATED VALUE. ... $ 642,100 Real estate in Pennsylvania situated at: 350 WALNUT ST, LEMOYNE PA 17043 LEMOYNE KORO CUMBERLAhf (Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County ❑✓ 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 05/21/2013 and Codicil(s) thereto dated N/A State relevant circumstances(e.g.renunciation,death ofexecutor,etc.) Except as follows: after the execution of the 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. NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d b.nx.ta.,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 a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address ci U CD r- rrt _i r a Form RW-01 rev.1011112011 ge Ton Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address JAMIE N. BRESSLER 1804 BAMBERGER ROAD, HARRISBURG, PA 17110 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 t cedent,the Peti'oner(s)will well and truly administer the estate according to law. Sworn to or affirmedEaK',2(TL d before Date me th' day o Date By: Date For the Register Date BOND Required:Q YES (ONO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ C210 Attorney Signature: ( 10 )Short Certificate(s).. . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . .. . . . . . . ( )Affidavit(s).. . . . . . . . . .. Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . .. . ID Number: y . . . . . . 1;- G1 cr�i ('3 . . . . . . . . Firm Name: C �'� c-�' ft . . . . . . . Address: ._ ''b r� r_l r-- r» . . . . . . Phone: Automation Fee. . . . . .. . . . . . . . . Fax: r u JCS Fee. Email _ C. TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Q Estate of JAMES N.O'BRIEN p JR. File No: ' �� { l -7 a/k/a: ,MFW-0% IV 6 da") AND NOW,. ': t P -QMbj&r CM5 inconsideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters tj—.S)LOl�l� are hereby granted to JaM 1Al . 8 8E S P r' in the above estate and(if applicable)that the instrument(s)dated - 2- 1 - = 3 described in the Petition be admitted to probate and filed of record as the last Wil (and Codicil(s))of Decedent. nn Register of Wills7V'A;qW0'P9 ��D Form RW-02 rev.10/11/2011 age 2 Of 2 )? WILL OF JAMES N. O'BRIEN I,JAMES N. O'BRIEN, of Cumberland County,Pennsylvania, make this my Last Will, hereby revoking any and all former wills or codicils made by me. ARTICLE ONE I direct my Executor to pay the expenses-of my last illness and my funeral expenses as soon as may be convenient after my death. I direct that my body be cremated and that my Executor'inake arrangements for any memorial service in accordance with such instructions as I have given during my lifetime or left with this Will. ARTICLE-TWO I give all of my estate to my daughter Jamie,if she survives me by thirty(30) days. If my daughter fails to survive me by thirty(30) days, I give all the resiQe of my e tate - m to my son4n-law William John Bressler. 0 ARTICLE THREE v CD CD 7q I appoint my daughter Jamie as sole Executrix of this Will. If my daughter s uriabl"r _unwilling to act or to continue to act as Executrix of this Will,and a successor has not been � rn o appointed, I appoint my son=in-law, William John Bressler,as substitute Execufdr of this W51. 7 The Executrix hereunder shall not be required to give bond for the faithful performance ,of duty-4, any jurisdiction. My Executrix may-retain as an investment without any duty of diversification, all property,;real or personal,owned by me at my death. My Executrix may invest and reinvest the principal held in trust,together with any income accumulated thereon, in such stocks,bonds, mortgages, securities or other property,real or personal, as she deems advisable without being limited`to the.classes of securities or investments in which trust fiduciaries are authorized by law to invest trust funds. My Executrixmay from time.to time sell any and all real estate held hereunder,,at"public or private sale, for such prices'and'upon such terms as she deems advisable, and may make, execute and deliver any deed or deeds therefor, conveying-.title therein in fee simple absolute, or for.any less estate,to lanv purchaser or purchasers. freed and discharged of any and all trusts hereunder. WILL OF JAMES N.7RIEN 1 My Executrix may from time to time sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of the assets held in trust in such manner and upon such terms and conditions as she deems advisable, and may make, execute and deliver deeds,mortgages, leases, assignments and other documents necessary to carry out any of the powers granted the Executor, and which shall specifically include the authority to grant leases which extend beyond the period authorized by law. My Executrix may distribute in cash or in kind, or both, and may allot different kinds of property to different shares, as she deems advisable,without respect to the income tax basis of such property, and such designations or divisions, including the values placed on such property for such purposes, shall be conclusive upon all parties. My Executrix in connection with the making and filing of all income tax, estate, inheritance and other death tax, gift tax and other tax returns and paying of any such taxes, whether or not the liability for such taxes arises before,at or after my death, and in connection with the adjudication or settlement of liability for any such taxes,may make such elections, decisions;concessions and settlements, including extensions of time for the payment of any federal estate taxes or other taxes due as she, in her uncontrolled discretion,may determine to be proper;without liability to any person thereby affected and without the necessity of having to make�compensating adjustments. ARTICLE FOUR Whenever used herein, the singular shall include the plural,the plural the singular and the use of any gender shall be applicable to all genders. ARTICLE FIVE I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of any other property passing at the time of my death other than under this Will, and that no succession laws of any other nation or state shall have any applicability to this Will or the ownership of any other property passing at the time of my death other than under this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal to the original of this Will on this day of��Gt , 2013. (SEAL) JAMES . ' RIEN WILL OF JAMES N. O'BRIEN 2 Signed;,sealed,published and declared by the above-named Testator, as and for his Last Will in the presence of us and each of us,who, at his request, in his presence and in the presence- of each other,have hereunto subscribed our names as witnesses thereto the day and year last ,above written. Witness 5(1 W mess ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) We,JAMES N. O'BRIEN, A4\9k y �, ��hk s , and -�ol - r �. !�v�she-Je..,the witnesses, respectively,whose names are signed to the attached or 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 that he sighed willingly,and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses,in the presence and hearing of the Testator, 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 O'BRIEN Witness itness SUBSCRIBED, sworn to and acknowledged before me J, es N. O'Brien,the Testator, and'subscribed and sworn to before me by e-•YnK s and witnesses,this_Z2�L day of " 92013. of is COMMONWEALTH OF PENNSYLVANIA Notarial Seal - Barbara M.Conidin,Notary Public (Notarial Seal) Lemoyne Boro,Cumberland County My Commission Expires Feb.20,2017 , MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES WILL OF JAMES N. O'BRIEN 3