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Home My WebLink About08-02-13 Johnson, Duffie, Stewart& Weidner Attorneys for Petitioner By: Edmund G. Myers I.D.No. 20558 301 Market Street P. O. Box 109 Lemoyne,Pennsylvania 17043-0109 -: , ,r�� 717) 761-4540 `� `_�' '�`' =:� c ,�..� . -.:� � '= �; i'..�.1 - �: G...� IN RE: : IN THE COURT OF COMM(fi�V=�I�`�AS OF � `� ESTATE OF ROBERT D. O'HARA : CUMBERLAND COUNTY,PE�TI��Y'L�1�'NIA �� LATE OF . = ' • ° `' THE BOROUGH OF LEMOYNE . ORPHANS' COURT DIVISION.-, ` � � --� , : NO. 21-13-0586 ��' ;": �, �'k .. •�� ; .::� �,� + c..� �;�. r�.t ':::- t--' PETITION TO ALLOW THE REGISTER OF WILLS TO OPEN PROBATE RECORD TO THE HONORABLE JUDGES OF THE ORPHANS' COURT DIVISION: AND NOW comes Petitioner, through her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and states the following in support of this Petition: 1. Petitioner is Susan A. Lindsey ("Petitioner"), an adult individual who resides at 935 Old Quaker Road, Etters, PA 17319. 2. Robert D. O'Hara, the Decedent, died on Apri15, 2013. 3. Petitioner filed a Petition for Probate of Decedent's Will dated December 21, 2001, and for Grant of Letters Testamentary. 4. On June 12, 2013, the Register of Wills granted Letters Testamentary to Petitioner. 5. July 11, 2013, during the inventory of the Decedent's safe deposit box, Petitioner discovered an original Will of the Decedent dated October 28, 2010. Decedent's October 28, �. a��. �..��..�, .�.-,�.��.�..��.w _...��r..�,�„w.�, 2010 Will revoked the Will which had been probated. A copy of the Decedent's 2010 Will is attached as Exhibit A. 6. In both his 2001 and 2010 Wills, Decedent named his sister, Jean O. Shandelmier, Executrix, and Petitioner the Alternate Executrix. Jean O. Shandelmier predeceased the Decedent. 7. Petitioner has not distributed any Estate funds to the beneficiaries of Decedent's 2001 Will. 8. It is appropriate that the Register of Wills open the Probate record to allow the Petitioner to submit the later Will of the Decedent for Probate and to issue amended Letters Testamentary, as appropriate. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order allowing the Register of Wills to open the Probate record to allow the Petitioner to submit the Decedent's later Will dated October 28, 2010 for probate and to amend the Grant of Letters Testamentary as the Register deems appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEWART& WEIDNER By: � Edmund G. Myer Attorney I.D.No. 20558 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner :570804 , � � VERIFICATION I hereby confirm that the statements in the foregoing Petition to Allow the Register of Wills to Open Probate Record are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: a-�t, ao �'S � d`� � usan A. Lindsey 1 ' �� I,ROBERT D.O'HARA of 130 Hut�runel Avenue,Lemoyne, Cumberland County, Pennsylvania,declare this to be my Last Will and revoke any Will previously made by me. ITEM I I direct my Personal Representative to pay all my legally enforceable debts and funeral expenses as soon as conveniently may be done after my death. ITEM II I hereby bequeath the sum of five thousand dollars($5,000.00)each to such of the following as may survive me by 30 days: My niece Susan A. Lindsey and my third cousin � Margaret Q. McKee. ITEM III I hereby bequeath the sum of two thousand dollars ($2,000.00) each to such of the following as may survive me by 30 days: My.nephews Terry�,; O'Hara and Thomas R. O'Hara; my great nephews Sean O'Hara, Chad O'Hara, and Patrick R. O'Haxa; my great nieces Heather E. O'Hara and I�athleen L. O'Hara; my sister-in-law Elaine M. O'Hara; and iny nieces by marriage Elizabeth M. O'Hara, Susanne Ganley O'Haxa and Evelyn G. O'Hara. Eckert Seamans Cherin&Mellot,LLC Page 1 of 6 l � ITEM IV I hereby bequeath the sum of two thousand dollars ($2,000.00)to my;reat nephew Daniel C. O'Hara,provided he survive me by 30 days. This bequest shall be restricted to the � personal use and benefit of Daniel C. O'Hara and shall not be otherwise used directly or indirec±ly for the benefit of others. � ITEM V All the rest,residue and remainder of my estate, of every nature and wherever situate,I give, devise and bequeath in equal shares to such of the following as survive me by 30 days: A. My sister Jean O. Shandelmier B. My niece Susan A. Lindsey, formerly known as Susan A. Shandelmier. In the event that both of my residuary beneficiaries have failed to survive me by 30 days, I give, devise and bequeath all of the rest,residue and remainder of my estate, of every nature and wherever situate,to the following beneficiaries in the percentage shares indicated: Albright College— 10% American Red Cross— 10% Bethesda Mission, Harrisburg, PA— 10% Boys and Girls Club of Central Pennsylvania— 10% Grace United Methodist Church, Lemoyne, PA—2�% Lebanon Valley College— 10% My third cousin Margaret Q. McKee—��%,provided she shall survive me by 30 days. Should Margaret Q. McI�ee predecease me or die on or before the 30th day following my Eckert Seamans Cherin&Meflot,LLC Page 2 of 6 �,.�,+,�� ..;.-,�. . ..�.-,.:�, „�.. �. . � �-, �.� �.� >..��,. �„�«, � � „ _ _ death,this 25% share shall be distributed as follows in addition to the shares above provided: 10%to Grace United Methodist Church, Lemoyne,Pennsylvania; and 3%to each of the following: Albright College, American Red Cross, Bethesda Mission, Boys and Girls Club of Central Pennsylvania and Lebanon Valley College. ITEM VI I hereby appoint my sister Jean O. Shandelmier as Personal Representative of my Estate. In the event that she predecease me or fails to qualify as Personal Representative, I appoint my niece Susan Lindsey as Personal Representative. In the event that both my sister Jean O. Shandelmier and my niece Susan Lindsey predecease me or fail to qualify as Personal Representative, I appoint Loudon L. Campbell as Personal Representative. In addition to the powers conferred by law,my Personal Representative shall have the following discretionary powers, exercisable without the need to obtain court approval: � Section 1. Power to Retain Assets. To retain as part of my estate any property received hereunder without any duty of diversification. Section 2. Power to Invest. To invest and reinvest the principal of my estate in such stocks, bonds,mortgages, securities or other property,real or personal, without being limited to the classes of securities or investments in which fiduciaxies are by law authorized to invest funds. Section 3. Power to Deal Wi.th Assets. To sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of my estate,real or personal,in such manner and upon such terms and conditions as are deemed advisable, and to make, execute and deliver any documents necessary to effectuate any powers herein granted. Eckert Seamans Cherin&Mellot,LLC Page 3 of 6 . �-� ,�,y,,��.�,.��..�.�. ,�.��,�_ w,x,.:��. v,:�� . .,�, ,� � ..�.�...,..,.,. Section 4. Tax Powers. In connection with the making and filing of all income tax, estate, inheritance and other death tax,gift tax and other tax returns and the paying of such taxes, to make such elections, decisions, concessions and settlements, including extensions of time for the payment of any federal estate taxes or other taxes due,as may be deemed proper, without liability to any person thereby affected and without the necessity of making compensating adjustments. Section 5. Power to Distribute in Kind. To make distributions of my estate in cash, in � kind, or partly in cash and partly in kind; and to make non-pro rafa distributions in kind without consideration of the income tax basis of the assets distributed and at valuations to be fixed finally by my Personal Representative. Section 6. Real Estate and Proceeds. I do not wish to have the value of my estate reduced by the forced sale of any real esta.te which I may own at my death. I therefore authorize my Personal Representative to retain such real estate until such time as it can be sold for its fair market value and, if necessary in order to provide funds for the payment of any debts, expenses, estate taxes, inheritance t�es,transfer taxes and other taxes of a similar nature payable by reason of my death, I authorize my Personal Representative to borrow money and for that purpose to mortgage any such real estate and to execute and deliver all notes,bonds, mortgages, and other instruments and to perform all acts necessary,proper or convenient in connection therewith, any and all such loans anci mortgages to be made in tlie sole discretion of my Personal Representative and for such amounts and upon such terms as my Personal Representative deems proper. I authorize my Personal Representative, without the necessity of petitioning any court for approval o�confirmation,to sell at any time, all or part of the real estate which I own at my Eckert Seamans Cherin&Mellot,LLC Page 4 of 6 �� .�N m�,.��.. �w� .. �� ,�-:�� - �.,�..��.. ._ � • death and which is a part of my residue to any one or more of my children or their issue for such price and upon such terms and conditions as all of my surviving children may agree. Section 7. Waiver of Bond. No Personal Representative hereunder sha11 be required to give bond for the faithful performance of duty in any jurisdiction. IN WITNESS WHEREOF, I,the above-named Testator,have hereunto set my hand this o�d�rftday of dc7"0 6�c Z- 2010. � ,✓' � , � ROBERT D. 'HARA � This instniment,consisting of five pages,was,on the date thereof,signed,published and declared by ROBERT D.O'HARA,the Testator therein named,as and for his�,ast Will in the presence of us,who, at his request,in his presence,and in the presence of each other,have subscribed our names as witnesses hereto. , r �'�l . �0.��.0..� Eckert Seamans Cherin&Mellot,LLC Page 5 of 6 . . �.W� .�.n .� _ ..��. ��,.,�,��: .�.0 _ _ � �. .�: ��._„�.�,.._.,., � � • COMMONWEALTH OF PENNSYLVANIA . , COLJNTY OF ,(/�� ,` z��yv� : SS. � We,ROBERT D. O'HARA, G' �'i'v �Z .�L� and � , C�il' -z/L�� the Testator and the witnesses,respectively,whose names are signed to the foregoing instrument,being first duly sworn, do hereby declare to the under�igned.authority that the Testator signed and executed the instrument as his Last Will, and that he had signed willingly,and that he executed it as a 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 witness;and that,to the best of the witnesses' knowledge,the Testator was at the time .eighteen(18)years of age or older,of sound mind and under no constraint or undue influence. .� r � ' ��l�-��-_ ROBERT D. O'HARA . � . C0.��Qrn�SLC�.� Subscribed, sworn to and acknowledged before me by ROBERT D.O'HARA,the Testator,and subscribed and sworn to before me by� G�' li�� -2'.•�and —___G� � . G��'i1z�G��(/ ,witnesses,thisa�Uday of C��/ 2010. � � /� � COMM NWEALTH OF PENNSYLV�V�A Notary Pub ic No�rt�seai Irene M.Knapik,Notary Public My commission expires: Hy�o,;,m�°�° �,�014 Member.Pennsvivanla Assoctation of Notaries Eckert Seamans Cherin&Mellot,LLC Page 6 of 6 � �