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Home My WebLink About09-10-13 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 ROBERT D. O'HARA File No. 21-13-00586 Deceased Social Security No. 203-10-8462 Date of Death: April 5, 2013 Age at Death: 92 Decedent was domiciled at death in CUMBERLAND County, Pennsylvania,with his last family or principal residence at 130 Hummel Avenue Lemoyne Lemoyne Borough Cumberland County, Pennsylvania 17043 (Llst street,address,towNcity,county,state,zip code) Decedent died at 130 Hummel Avenue Lemoyne PA 17043 Lemoyne Borough Cumberland County, 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.....................................................................$ (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.........................................................................................................$ Real Estate situated as follows: (attache additiona/sheets ifnecessaryJ Street address, Post Office and Zip Code City,Township or Borough County,State LrJ A. Petition for Probate and Grant of Letters Testamentary Petitioner avers she is the Alternate Executrix named in the Last Will of the Decedent, dated October 28, 2010 The Decedent named his sister Jean O. Shandelmier as Executrix of his Will. Ms. Shandelmier predeceased the Decedent On May 23 2013 Letters Testamentary were granted to Petitioner to administer DecedenYs December 27, 2001 Will Thereafter Petitioner discovered DecedenYs later Will dated October 28 2010 which is now offered for probate State relevant circumstances,e.g.renunciation,death of Executor,etc. Except as follows, After the execution of the instrument offered for probate, Decedent did�i ot marry, was not divorced, and was not a party to a pending divorce proceeding at the time of death wherein grounds fo�di�tbrce has been established as defined in 23 Pa.C.S.A. § 3323(g) and did not have a child born or adopted and the Decederit was neither the victim of a killing and was never adjudicated an incapacitated person ' � NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (if applicable) ' enter:c.t.a.;d.b.n.c.t.a.;pendent elite;durante absentia;durante minoritate � " ,.' i If Administration, c.t.a. or db.n.c.t.a., 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 � 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 Relationshi Residence OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA : . Official Use Only COUNTY OF CUMBERLAND : Petitioner's Printed Name Petitioner's Printed Address SUSAN A. LINDSEY 935 Old Quaker Road Etters, PA 17319 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. Sworn io and affirmed and subscribed �'`�-�-�-�'��--�� `� � ��.—�-�. � SUSAN A. L INDSEY c- � Before me this ( day of . � , , , � ° +Y' � ` _ , 2013. � ,; . , , � ; : Fo�the P,eg�ster -- BOND Required ❑ YES 0 NO ~ , FEES: -,� , . ; - To The Registe�of Wills � Letters........................... $ �- ` ' `- ' Please enter my appearance by my signature below: {t �) Short Certificate(s) $ • Attorney Signature: { } Renunciation..............$ � . { ) Codicil(s) $ s°�` r 3 { )Affidavit(s).................. $ G�(,<:��=E ��'.� Bond $ Commission $ Printed Name: EDMUND G. MYERS Other $ Supreme Court �`;— $ � I.D. No: 20558 $ Firm Name: Johnson, Duffie, Stewart & Weidner, $ Address: 301 Market Street, P.O. Box $ Lemoyne, PA 17043 $ Phone: 717-761-4540 Automation $ Fax: 717-761-3015 JCP Fee....................... $ TOTAL......... $ Email: EGM �dsw.com DECREE TO THE REGISTER Estate of ROBERT D. O'HARA Deceased. File No. 21-13-00586 Social Security No: 203-10-8462 Date of Death: April 5 2013 AND NOW, �'�� ' ;�� , � � , 2013, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted tc SUSAN A. L!NDSEY in the above estate and that the instrument dated October 28, 2010 described in the Petit�on be admitte� to probate and filed of record as the Last Will of the Decedent. � � , � _� , - ; "r r Register of Wills ' , : " ? i �r t ? � � `�� j , , ��' , . „ �� } a . � �rr.l��a� :��a�>�� C��i�,rr I, ROBERT D. O'HARA of 130 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, declare this to be my Last Will and revoke any Will previously made by me. ITEIVI 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 c:ays: My nephews Terry L. O'Hara and Thomas R. O'Hara; my great nephews Sean O'Hara, Chad O'Hara, and Patrick R. O'Hara; my great nieces Heather E. O'Hara and Kathleen L. O'Hara; my sister-in-law Elaine M. O'Hara; and my nieces by marriage Elizabeth M. O'Hara, Susanne Ganley O'Hara and Evelyn G. O'Hara. Eckert Seamans Cherin&Mellot,LLC Page I of 6 ITEM IV I hereby bequeath the sum of two thousand dollars ($2,000.00) to my great 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 ;ndirec*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—25% Lebanon Valley College— 10% My third cousin Margaret �. McKee—2�%, provided she shall survive me by 30 days. Should Margaret Q. McKee predecease me or die on or before the 30th day following my Eckert Seamans Cherin&Mellot,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 fiduciaries are by law authorized to invest funds. Section 3. Power to Deal With 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 Papc 3 of 6 Section 4. Tax Powers. In connection with the making and filing of all income ta�, estate, inheritance and other death tax, gift tax and other ta� returns and the paying of such taaes, to make such elections, decisions, concessions and settlements, including extensions of time for the payment of any federal estate taxes or other taaes due, as may be deemed proper, without liability to any person thereby affected and without the necessity of making compensating adj�astments. 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 rata 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 estate 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 taxes, 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 and 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 or confirmation, to sell at any time, all ar part of the real estate which I own at my EckeR Seamans Cherin&Melbt,LLC Page 4 of 6 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 shall 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�i'�day of �c�'0 6�R— 2010. __ _, . � � , r � _ \..� ( .... _� �-___.- ` ��l�._�-�� --_'" . "� . " ��---�. _ �..-:_ ROBERT D. 'HARA This instrument,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 Last 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. 4� � _ - �'�,',� . � _ �,, � . CQa�,�a� Eckert Seamans Cherin&Mellot,LLC Page 5 of 6 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ,��-r.�.;�,�/� i� : S S. �. _./ We, ROBERT D. O'HARA, %'>�'��'�. 1��L it,�� t l��C " , and , t � � ��Z./�j. C�� '° '�{"�i��C t��f �"� , the Testator and the witnesses, respectively, whose names are signed to the faregoing instrument,being first duly sworn, do hereby declare to the undersigned authorit�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. � ; . ___ , ,,� � � \ - ,�, - � � � � � , -_ ., . � � � . ;,/_ � � _.--. ROBERT D. O'HARA � ,_ ._.,�� r, r��r"�v.C. C�'�'�,._. m . �a��, Subscribed, sworn to and acknowledged before me by ROBERT D. O'HARA,the ._� ' / Testator, and subscribed and sworn to before me by !�/ ��c.i `� ��C.� �� tt��,�,._- and -� � • i; ' � �� -'�'�� . �,�'G�� ' / �':� C��lt�l��` , witnesses,this ,�-,,f — day of �(!"��1� ��;r'� " 2010. '1 �✓�t�� '/� ''%1 %✓/�l: .,_� ,� � i Notary Pub ic COMM NWEAL��a NNSYLV/�NiA Irene M.Knapik,Nobry Public Uty of fia�lsburg,Dauphin County My commission expires: r�y coR,m�o„�+�es se�c.3,ioia Member.Penns�tvania Assoclatlon of Notarles Eckert Seamans Cherin&Mellot,LLC Page 6 of 6