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Home My WebLink About07-23-13 PETITION FOR GRANT OF LETTERS REGISTER OF WII,LS OF CUMBERLAND COLJNTY, 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 . p� Name: DOLORES T - 0 ' BRIEN FileNo: 21-13- Q7pd y�a: (Assigned by Register) a/kla: �a; Social Security No: Date of Death: 7�5/2 013 Age at death: 81 Decedentwasdomiciledatdeathin CUMBERLAND County, PENN3YLVANIA (State)withhis/herlast principalresidenceat 335 WESLEY DR MECH. 17�55 LOWER ALLEN TWP CUMBERLAND Stree[addreas,Post ORce end Zip Code City,Township or Borough County Decedentdiedat SELECTSPECIALTYHOSPITALCAM7HfLL1'7011 EAST PENNSBORO TWP CUMBERLANDPA Street address,Post Office and Zip Code City,Township or eorough County Smte Es[ima[e of value ofdecedent's property ac death: If domiciled in Pennsy[vania................................All personal propecty $ 3 3��Q� • �� ljnot domiciled irt Pennsyfvania.............................Personal property in Pennsylvania $ /f nof domiciled in Pennsylvartia.............................Personal property in County $ Yalue af rea!estate rn PennsYlvania.............................................................. $ � • �0 TOTAL ESTIMATED VALUE.... $ 33�� • �0 Real estate in Pennsytvania sicuated at N�N E (AlmcA odditimmlr/reets,ijneressaryJ Sireet address,Post Otfice and Zip Code City,Township or Borough Comty � A. PetiHon for Probate and Grant of Letters Testamentarv , Petitioner(s)ave�{s)he/she/Ihey is/are[he Execu[or(s)named in the last Will of[he Deceden[,dated 2/15/2 0 0 8 and Codicil(s) thereto dated N 0 N F State relevant circum9tances(e.g.r¢nunciafion,Qealh ofesecufo4 e(c) Excep[as follows:after[he execution of[he instrument(s)offered fo�probate Decedrnt did not marry,was not divomed,was no[a par[y to a pending divo�ce pmceeding wherein[he grounds for divorce had been es[ablished as defined in 23 Pa.C.S.§3323(g),and did not have a child bom or adop[ed;and Decedent was nei[her the victim of a killing nor ever adjudica[ed an incapacitated person. � NO EXCEPTIONS O EXCEPTIONS E-; `� -- _° - - � 4, � c,i -' o c� ❑ B. Petition for Grant of Letters of Administration pf appiicable) c- " � c.f.a.,d.b.n.,d.b.n.c.t.a.,pendenle L gi dN!'nn?e absertfm,durattte;ittoritate If Administration,c.ta. or d.b.n.c.Ga., enter date of Will in Section A above and comp'lete llst of�s. ;.�` �f'i ,; �n ... c; Excepl as follows: Deceden[was�ot a party to a pending divorce proceeding wherein[he grounds for divorce�l�i d been eZ[ablishgd as e�'ined; in 23 Pa.GS.§3323(g)and was neither Ihe victim of a killing nor ever adjudicated an incapaci[a[ed person. ^ n � � � � ❑ NO EXCEPTIONS 0 EXCEPTIONS `•� C c� r= � Pe[i[ione�(s),after a proper search has/have ascertained[ha[Decedenl left no Will and was survived by[he follawing�spouse(i�)an�heis.�a[mdr additional sheets,if necessary): Name Relationship Address � Form RW-02 .e�. roiiuzou Page 1 of 2 � Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTYOF CUMBERLAND } �� 'r+r..-n ,,._.- _ ' -,. .�� i�._ Pelitioner(s)Printed Name Pe[iticlneKs)Pnnled Add�s's ..';�.I_j � 202 SIMMONS ROAD �i,j3 JUL 23 �(� A 17055 AUSTIN • 0 BRIEN, JR • MECHANICSBURG vLi:.�,� 41" G;,, f�i;i�1S' C,:,L!ftT �1 i r .+ . .�� .� , � , The Pe[i[ioce�(5)above-named sweat{s)or affirm(s)[he sta[ements in Ihe foregoing Peti[ion are Irue and co�rec[[o[he bes[of[he knowledge and belief of Petitioner(s)and Iha[,as Personal Represen[a[ive(s)of[he Deceden[,[he PetitioneKs)wip well and Iculy administer the estate according to law. Swom to or affirmed and subscribed before • ��_ Date ' �- ��- /'3 me thi� 1_'L�' day of � ��13 Da[e �Y� a�'�� Date For(he Register Da[e BOND Required: ❑ YES � NO To the Register of Wi[[s: � FEES: Please enter my appearance by my si bture below; Letters.. . .... .. .... ... .. .. . . . $ AriomeySignatur . ( )Short Certifica[es(s) .. . . . . ( )Renunciation(s) .. ... ... . . ( )Codicil(s) .. . . .. ... . . .. . ( )Affidavit(s)... .. . .. .. . . . Bond erintedivame: MURREL R • WALTERS� III Commission . . . .. .... . . . .. .. . . . . Supreme Court Other , ... , . .. ►DlYumber: 24849 """ " ' FirmName: ATTORNEY AT LAW "" "" ' Address: 54 E• MAIN STREET "" " " ' MECHANICSBURG PA 17055 � � � � Phone: 7176974650 Fax: 7176979395 aucomaho�Fee .. .. . . . .. .. . . .. . . Ema,t, murrelawaltersgalloWay�com JCS Fee . .. .. .. . .. . . . ... . .. . . . . TOTAL . . . . . . . . ... . . . .. . .. . . .$ DECREE OF THE REGISTER Estateof DOLORES T. 0 �BRIEN FileNo: 21-13— Q7 ] S a(k/a: AND NOW, �� a M�1 �� _�LlVl,1 ,in consideration of the foregoing Petition, satisfactory proof having been presented re me,IT IS DECREED that Letters T E S T A M E N T A R Y azeherebygrantedto ALISTIN � O �BRIEN, JR • in the above estate and(if applicable) that the instrument(s)dated 2/15/2 0 0 8 described in the Petition be admit[ed to probate and filed of rec as the last Will(and Codicil(s))of Decedent. Regist�f Wills � � Farnr RW-07 rev.!OQ!/2011 Page 2 of 2 oaa�tae. "•��° mm.e,,..m.,�w. . . __ .nmmn LAST WILL AND TE`.�'1i'AMENT�'�i��v�= ;F l;EG?�'i c' ��r . �t= ., F,_�.:> BE IT REMEMBERED THAT `�'`'3 ��. 23 �i`� � Sg I, DOLORES T. O'BRIEN, a residen�``of �,Cumberland County, �!��NN,JS' �i;J�;1� Pennsylvania, being of sound mind, memo��i��l`"�'unc�e�-sf.anding, do make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I have eight (8) children, who are as follows: DONNA M. MORROW, MAUREEN DALEY, KATHLEEN M. SIEBEL, DOLORES T. O'BRIEN, JR., REGINA M. O'BRIEN, MARIAN WALKER, AUSTIN O'BRIEN, JR., and JOHN T. O'BRIEN. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all t�es fhat 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. IV I give and bequeath items of personal property to individuals whom I have specified in an attached list which I have prepared, signed and maintained with this Will. V All the rest, residue and remainder of my property, whether real or perso^.-l, �..�herever si_tuzte, including any property over which I may have a power of appointment, I give, devise and bequeath to my grandchildren who survive me, in equal shares, per stirpes, pursuant to the terms of the hereinafter included Trust. VI TRUST I appoint my son, AUSTIN O'BRIEN, JR., as Trustee of the property that I have given to my grandchildren. If AUSTIN is unable or unwilling to act as Trustee, then I appoint my son-in-law, KENNETH P. MORROW, as Trustee. A. The assets that are transferred to the Trust shall be divided into approximately equal shares for each of my grandchildren under the age of twenty-five (25) years of age. B. The Trust estate shali be administered until each grandchild reaches the age of twenty-five (25) years. Until that time, the Trustee shall apply all net income and principal of the Trust estate for the education of each grandchild. Education shall be defined broadly to include pre-school, kindergarten, primary school, high school, whether public, private or parochial, tutoring, college, graduate school, or trade school. C. The Trustee, in exercising his discretionary authority with respect to the payment of income or principal of the Tn:st estate to my bene_ficiary, shall take into consideration any income or other resources available to my grandchild from sources outside of tnis Tt�ast that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on all persons howsoever interested in the Trust. D. When each grandchild reaches the age of twenty-�ve (25) years, a determination shall be made as to whether there is any balance in that grandchild's individual share. Such remaining property not utilized for educational purposes shall be divided equally among my other grandchildren who are under the age of twenty-five (25) years and transferred to their accounts. E. If there is any property remaining when my youngest grandchiid reacn�s tne age of twenty-five (25) years, that property shall be distributed in eaur:ii sh�aies tu ?iie Saivrtian A,rny aiid the Betk:esda Mission in Harrisburg, Pennsylvania. F. My grandchild, as beneficiary of this Trust, shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his c:reditors ar liable to attachment, execution or other process of law. G. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Tritst estate, subject to any limitation specified elsewhere in this Will: 1) To retain any property received by the Trustee estate for as long as the Trustee considers it advisable. 2) To.spend funds for the maintenance and repair of real property. • 3) To sell at public or private sale, exchange or lease for a period of time any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequenUy than annually. The.Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5%) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in his judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. VII I nominate, constitute and appoint my son, AUSTIN O'BRIEN, JR., as Executor of this LAST WILL, to serve without bond. If my son, AUSTIN, is unable or unwilling to act in that capacity, then I nominate, constitute and appoint my son-in-law, KENNETH P. MORROW, as Executor of this LAST WILL, to serve without bond. IN WITNESS WHEREOF, I, DOLORES T. O'BRIEN, have set my hand to this LAST WILL this /�� day of �f , 2008 �� p�� DOLORES T. O'BRIEN Signed, sealed, published and declared by the above-named DOLORES T. O'BRIEN, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each o r, have hereunto subscribed our names as witnesses. ; � �� C � ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND . I, DOLORES T. O'BRIEN, Testatr�, 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; that I signed it as my free and voluntary act for the purposes therein expressed. ,��.��'�`,�'�� DOLORES T. O'BRIEN � Sworn or affirmed to and acknowledged before me by DOLORES T. O'BRIEN, Testatrix, this �5y� day of �,�ry,�� , 2008. � �� Notary Public NO?HkIN�SEAL D,l+NE M SMITH Nofnry Public IOWER ALIEN tWV,i;UMBERtAND COUNN My Commission Expires Jun 22,2008 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND . We,/��/�C��r� � W/F Lr�/1 T � and �/1�1e�f c �y��s 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 Testatrix sign and execute the instrument as her LAST WILL, that DOLORES T. O'BRIEN signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearin and sight of the Testatrix signed the Will as witnesses; and that to the best of r knowledge, the Testatrix was at the time 18 years of age or more, of s n ind and under no constraint or undue influence. C.` � . Sworn or affirmed to and acknowledged before me this /b'`/�day of ��L� , 2008. n .� I�Jl,ovr�.� 1'Y� . �'��d� Notary NoT,vtw�sen� , DWNE M SMITH . Nofary Pubtic , LOWER ALLEN PNP,CUMBERLAND COUNTY - My Commission Expires Jun 22,2008