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HomeMy WebLinkAbout06-25-14 r�c�c� 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• Richard Omohundro File No• � � � J�7' ' O f0 Q f0 ��a' • (Assigned by Register) a1k/a: ��a' Social Security No: Date of Death: May 9,2014 Age at death• 86 Decedent was domiciled at death in Cumberland County, Pennsylvania (Srare) with his/her last principal residence at 5548 Mareland Court, 17055 Lower Allen Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 503 N.21st Street, 17011 Camp Hill Cumberland PA Street address,Post OfFce 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 $ 6,000.00 If not domiciled in Pennsylvania. .. . . . . .. ......... . . . . .. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . .... . . . . . ... . . .... . . . . Personal property in County $ Value of real estate in Pennsylvania.. ...... . . .. .. . . . ..... . . . .. ... . . ... . . . ..... . . ... . . . . .. ... $ TOTAL ESTIMATED VALUE. .. . $ . Real estate in Pennsylvania situated at: (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 OCtober 9, 1991 and Codicil(s) thereto dated State relevant circumstances(e.g,renunclation,death of e.recutor,etc.) Except as fol lows: after the execution of the instrument(s)offered for probate Deced ' no ,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as d med in 23 Pa.C. § 3323(g),a did not have a child born or adopte d Decedent was neither the victim of a kil � nor ev r ' icate � cap itated pers . NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Adm istrati (If applic e c.t.a.,d.b.n., . . . . . , endente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.�a., enter date of V6'ill in Section A above and com lete list of hei�. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce I��en establi3fied a�r�efi�t�ed in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. -�: -,-� � -' <"} :� c_ > c;�, Q NO EXCEPTIONS O EXCEPTIONS .�� �? ,,_,, � -;,� Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived b the followm ,s�o��e tf an � '�' additional sheets,if necessary): Y � P ` , �� Y�Bhe�rs.,(altQch _ ° , ,�:, } , , � i �7 Name Relationshi ��y �"�� Addresg;� � -- � � —� �-- rn -� r— � o � Fo�nw oz rev. �oi�riao» Page 1 of 2 Oath of Personal Representative off��ai use on�Y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Todd Stuart Omohundro 1026 Pross Road,Lansdale,PA 19446 The Petitioner(s)above-named swear(s)or a�rm(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 the the Pe itio wi ell and ly administer the estate accordin to law. Sworn to o��ffirmed subscribed before Date �_ me this da O Date By: Date For the Regist Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: ca Letter . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( ) Short Certificate(s). . . . . . � 6 ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Andrew C.Sheely,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . .�6 ID Number: 62469 '`—' - � � � � � � � Andrew C.Sheely,Attorney at Law . . . . . . . . Firm Name: . . . . . Address: 127 South Market Street . . . . . . . . �UQ P.O.Box 95 Mec anics urg, . . . . . . . Phone: 717-697-7050 Automation Fee. . . . . . . . . . . . . . . '!Sd Fax: 717-697-7065 JCS Fee. . . . . . . . . . . . . . . . . . . . . • � Email: andrewc.sheely@verizon.net TOTAL. . . . . . . . . . . . . . . . . . . . . $ � DECREE OF THE REGISTER Estate of Richard Omohundro File No: �_f '��—4��_ alk/a: AND NOW, , �� , in consideration of the foregoing Petition, satisfactory proof havi been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Todd Stuart Omohundro in the above estate and(if applicable)that the instrument(s)dated October 9, 1991 described in the Petition be admitted to probate and filed of record t�he last Will(and Codi il s))of Decedent. �%�, /� ' e of Wills /')') - Fo,mRwo2 rex �o�lr�zo�� ' a e of2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ;p -, . , No. 2014- 00606 PA No. 21- 14- 0606 Es ta te Of: RICHARD OMOHUNDRO (First,Middle,Lastl Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: WHEREAS, on the 27th day of June 2014 an instrument dated October 9th 1991 was admitted to probate as the last will of RICHARD OMOHUNDRO lFiist,Middle,Lasil late of LOWER ALLEN TOWNSH/P, CUMBERLAND County, who died on the 9th day of May 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: TODD OMOHUNDRO who has duly qualified as EXECUTOR(R/XJ and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTYCOURTHOUSE, CARLISLE, PENNSYL VANIA, � IN TESTIMONY WHERF�F', I �ttave hereunto set my hand and affixed the seal ✓ of my office on �e�,�7t�.�day o�✓�iria�e 2014. � s � � Grv` �_.f' � �- �. � �}�. �Y �.. ��. ��`' , . �,-� R ister of "s r � i �C3 °� yz.' <� f� � �.�. Q ? �"y`u. ,� �r,��'��,r��;�, � � _.� Y��' 'c�:; � - De t 1 �'=-, ,t .� '' / 1 c.y ''r � �.� C�- c---� J �C r (`� , L **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) LAST WILL AND TESTAMENT OF Richard Omohundro IDENTITY I, Richard Omohundro, residing in the County of Dauphin, State of Pennsylvania,being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other and former Wills and Codicils to Wills heretofore made by me. My child/children are Mark Richard Omohundro, Katharine Elizabeth Omohundro and Todd Stuart Omohundro. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that a11 my personal and household effects were transferred to my Living Trust as a result of the "ASSIGNMENT OF FURNITURE,FURNISHINGS AND PERSONAL EFFECTS"signed this date. If there is any question regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Living Trust, signed by me this date, in accordance with the provisions of the section titled'Residue of Estate". RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description(including lapsed legacies and devises),wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this Item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death, it being my intention not to create a separate or testamentary trust nor to subject such living Trust to the�urisdiction of the Probate Court. If for any reason the said Trust shall not be in existence at the time of my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described hereinabove, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms, trusts and conditions pertaining to the�eriod beginning with the date of my death as are constituted in the Trust as at present constrtuted �iving effect to amendments, if any,hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. �;,E last Will and Testament of Richard Omohundro, Page 1 m Copyright The Estate Plan 1989 All Rights Reserved. EXECUTOR I hereby nominate, constitute and appoint as Executor (co-Executors if more than one person) of this my Last Will and Testament Todd Stuart Omohundro. If for any reason the first named Fxecutor is unable or unwilling to serve or continue to serve, then I hereby nominate, constitute and appoint as substitute or successor Executor (co- Executors if more than one person)Paul Roy. When more than one person is named with others to act as Co-Executors and one of the named persons is unable or unwilling for any reason to serve or to continue to serve, and no additional persons are named herein to take the place of such declining or retiring E�cecutor, I hereby direct that the remaining named Co-Executor(s) sha11 continue to serve as Co-Executor (or if one only remains,Executor)hereof without bond. I direct that no security be required on the bond of any Executor designated herein. Whenever the word'Bxecutor"or any modifying or substituted pronoun therefor is used in this my Will, such words and res�ective�ronouns shall be held and taken to include both the singular and the plural, the mascuhne, femimne and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. ` EXECUTOR POWERS By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to a11ot, allocate between principal and income, assign,borrow,buy, care for,_ collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange,hold, improve, incorporate any business of mine,invest,lease,manage, mortgage, grant and exercise options with respect to, take possession of, pled�e, receive, release, repair, sell, sue for, make distributions in cash or in kind or partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. My Executor shall have absolute discretion,but shall not be required, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to com�ensate for the consequences of any t�decision or election, or of any investment or admimstrative decision, that my Executor believes has had the effect, directly or indirectly, of _ preferring one beneficiary or group of beneficiaries over others. In determimng the federal estate and income tax habilrties of my estate, my Executor shall have discretion to select the ��w last Will and Testament of Richard Omohundro, Page 2 m Copyright The Estate Plan 1989 All Rights Reserved. valuation date and to determine whether any or all of the allowable administration expenses in ,.#x_� my estate shall be used as federal estate tax deductions or as federal income t�deductions. GLOSSARY OF TERMS For the purposes of this my Will, "children"means the lawful blood descendants in the first degree of the parent designated; and"issue" and"descendants"mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or paxents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child,""children, issue, descendant and descendants or those terms�receded by the terms 'living"or"then living"shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. SPECIFIC OMISSIONS p,� I have intentionally omitted any and a11 persons and entities from this, my Last Will and � �v Testament, exce�t those persons and entities specifically named herein, and I have also �� intentionally onutted any and all persons and entities from this, my Last Will and Testament, ��.� who are not persons or entities specifically named in The Omohundro Trust, dated ��;�r , 1991. It is my intention that any and all persons and entities,whether or not � name in t is i 1 or said Trust, sha11 have an interest in my estate and property, including the said Trust, if and only to the extent that I ha�e provided for them in this Will and in the said Trust. If any person or entity shall challenge this Will or any term or condition hereof, or of the Living Trust to which I have herein made reference, or any term or condition thereof, then, to that person or entity I give and bequeath the sum of one dollar ($1.00) only in lieu and in place of any other benefit, grant,bequest or interest which that person or interest may have in my general and Probate Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If any beneficiary should not survive me for sixty(60� days, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. IN WITNESS WHEREOF,I have hereunto set my hand and declared this to be my Last Will and Testament this C cr. � , 991. � � ic ar mo un ro ��� last Will and Testament of Richard Omohundro,Page 3 m Copyright The Fstate Plan 1989 All Rights Reserved. �, SIGNED, SEALED, PUBLISHED and DECLARED by the above testator as and for his last will, in the presence of us,who thereupon at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses: ° Address 1� 3� `/�— p-�� �i�' Z itn s .. � . � � �o z�-- D � Address �/�3 �c��G�-i�-t/ %��� ��..���,LV' rtnes � a � /7D�S' � � � Address �J' q �/'�/ G�'?�Ll�li ��- itness ����f�Z� /� /"( f 7�I,� . , •�� last Will and Testament of Richard Omohundro,Page 4 m Copyright The Estate Plan 1989 All Rights Reserved. SELF-PROOF OF WILL STATE OF PENNSYLVANIA ss. COUNTY OF ��4 u��t t f� We Richard Omohundro, 8 e-rr-�i �'w�KSav , Gr}R�s-r� T- c.� Ne and �- �,� , t e estator an t e wrtnesses, respective y,w ose names are signed to t e oregoing instrument,being duly sworn, do hereby declare to the undersigned authonty that the testator signed and executed the instrument as his last will and that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein e�ressed, 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 each witness's knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. � ic ar mo un ro . � t .C�Ob ti. rtness l��'C�'-�O t D itness � . �.-�—C.�, ,,d�'.�"Z itness SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, by Richard Omoh�ro, t e Testator, and subscribed and sworn to before me b� ��, and �a.�� ,witnesses, this 8�-, q , ��vQ,� 9'h..{ L;� NOTARY SEAL NOtARiAI SEAL M Commission E ires: ROBIN ANN NAPILTONUI,NOTARY PU9l.IC Y XP WNTARp TWP.�OAUPNIN CO..PA. MY OMMISSI6N EXPIRES OCT06ER 11,1993 � last Will and Testament of Richard Omohundro, Page 5 m Copyright The Estate Plan 1989 All Rights Reserved.