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HomeMy WebLinkAbout10-03-08PETITION FOR PROBATE AND GRANT OF LETTERS CUMBERLAND REGISTER OF WILLS OF Estate of ANDREW C. JONES also known as ANDREW "ANDY" CLARK JONES Deceased File Number ~,~ - V~ U I g 3 Social Security Number 201-42-6266 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner( is / a~Fe the EXECUTRIX named in the last Will of the Decedent dated JULY 7 , 2006 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not many, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration COUNTY, PENNSYLVANIA R~~R (Ijapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (List street address, town city, township, county, state, zip code) ~"' Decedent, then 44 years of age, died on JUNE 21, 2008 at HOLY SPIRIT HOSPITAL, CAMP HILL, PENNSYLVANIA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 23 , 000 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Form RW-Ol rev. /0.13.06 Page 1 of 2 (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ~ ;~ ~= Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal r~e~st~nce at `-' 901 CEDAR ROAD, MECHA R PA 7 50 ~. cn Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }~~ SS The Petitioner(s) above-named swear(s) or affirm(s) that 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 Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the '~) ~1 day of ~' C~ , .~. ~-- For the Register Signature of /~rsonal Representative Signature of Personal Representative Signature of Personal Representative File Number: ~ ~ `Q 1s " ©~ Estate of ANDREW C. JONES ,Deceased Social Security Number: 201-42-~~6~~/26~~6~~ Date of Death: JUNE 21 , 2001 AND NOW, ~ "LC.c ~~` L~~1CJ~`E'i" 2008 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to MISIiALA S . JONES in th e above estate and that the instrument(s) dated nd Codicil(s)) of De edent. described in the Petition be admitted to probate and filed of record as the last ~ ~~ FEES ~~ / /„ ' UU Letters ............... $ (-~J (~ Regi • of Wpills ~ ~Fil`2~2 ~ r~y~'~~/'-C~- Short Certificate(s) ........ $ / ~ , 6 Attorney Signature: Renunciation(s) .......... $ `~- ~ ~ BARBARA B. TOWNSEND, Attorney Name: ESQ. ` l' $ , O v , ' ... $ 0 Supreme Court LD. No.: 23174 ~v ... $ ,.~. ~ v Address: 32 WEST QUEEN STREET ... $ .. , $ CHAMBERSBURG PA 17201 ~ • • • $ Telephone: 717-267-3244 ~ ~? Wi t _- . $ T~ ~ S x.00 !. if P _"_a - ~. ..~. `` ~'' W ... i~ - ...• TOTAL .............. $ ~. ll ~-. ~ .. - .. , Page 2 of 2 Form RW-02 rev. 10.13.06 IOSROS RFV ins/n-n -. - - - - -._ - - - - - _ -. -- - a~- o s-9q3 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 14713316 Certification Number N1061d9 HEV 11IEdOd arPe xncK odc 1. NenAt d Duedwl ptn+, m a eye (ud aaayl 44rR ob• ca.rr d p,en 2 ~ Cumberland This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as T.ocal Registrar. The original certificate will be forwazded to the State Vital Records Office for permanent filing. ~~~ ~ ~.~ Local Registraz C7 ~O C7 -`=_ Tl :~: ~~ -~C~: ~; i ~~ '+-t ;:)~:_ - COMIAONWEALTH OF PENNSYWANIA • DEPARTMENT OF HEALTH • VITAL RECO~IDS TJ ~ r I CERTIFlCATE OF DEATH ~:} ~ _-- (Ses Instructions and azamples on rotNOrse) ~- s4~re Fu.E HIaABER Andrew C. Jones ztnale ''~~'"''Nini°'1a2 6266 ~'D1id0i~'~`dj""'I "` Ui0"' aoreaarn z ,,,e,r,« - June 21 2008 be,. IM M.ew k Pleoe d pew ~, 02-10;1964 Fort Hood, Texas "a°~ pow: .cxy,eom,nq.apew edFayNrn,ltlndk+wa~,oh++.r.mnutnl w~ LJeR/odp,r,~+ pat. ^warok~r ^~a.~o, ^ar~~edlr Cam Aill o•wee p.ae.da Odyna ~Hn WM fa neat hwnrr+wntlYelc W+ae.e! P Holy Spirit Hospital Pn~~o+~: (~ ~moq d wallet ae. po rb+ew niedl 12 w.. o.de.. .. +*wen. w.bao~gt d+c.) whit e Contract Manager ~PA Stti f0. DeudrdY IYiV Adbeee (SweL dylbwn, eYY, HP node) 901 Cedar Road Mechanicsburg, PA 17050 fe. Pway Hems (iia, nd0d,, rt euAlq John G. Jones 20e. Ydamenn Heme.(lyµe/ Pdnq Miahala S. Jones 21n: YedbddDYpo~Mon r, O aelr ^ wmo,d ban aw rw. ~,,.,,,._ ro11Ce ~C]Ya ^No -- •-~" .. ..Rwp. p~«sry ..~ L m; DewdnK• aao.werw. Margeek4rc. ne.sry _Pennsvwania u.b. I fab.canq Cumberland em~~ T°'"'d'ba + xa ldormrMt kerrg~dewe (anM ar/ bat deM, 901 Cedar Road, Mec Dorwlan ~ - ~ 21b. DW a ~n PdorA dry, veer) Ptc PYa aD4poadcn 9Wne d Dwe^~ 06-25-2008 Thomas L. Ge1se aCr m lk•rreNunbr 22eH.m.w~we.edP.cay '; FD-013083-L Thomas L. Geisel Funeral Home, q~re~nrn~d~wbimrw~ieaa~°wrb 2de.ron.ba id /rarw,dwand. atad.ISlpnleeenddly l i n oa~yaeraaeen /\ ^ w•.2421n.+aamgdedbroemon z,.nm.a' / V we,raiaeoedew 0 ~~° ~"d1~M1dxP•~ CAUSE of o~md t °~ a' ~ Meet 2/. PN k 6drMr~g~ -y„y, ,i,l„ « 1 mepYday arw,awwAflpW 6Eedon ~-M3edrorwe0 dew WNDT eda+nriM eNriY cosh ee ewiWe ~ bdrret P, wMnd ehowYg tr dlobpy. UM aNr ardwmeeM ir. °~' ~ Dneab Deeh EE~p~ _ ~y ~ Due b (« ^ oerwegiwwe n7 Y - ~ Q /~ /~ i ~~~eeee~yee~e 1' ~YaCeIAeIeNr~ b. Dwb(« /t~C' /Yaff~C ~~. ~' fir/d/J i - ira6~7ndthYjeNL~, c. ~'~~~ff1~.C/L ~j yti-~ ' ~ 7'7}'fG RC i Dub (« 4 e amepnnoe al; , d. ~ - -90,.WMnMdopy 20b. MNnN,igp PiMrge 91. a0eetlr i PManrda AwhbY Prior b Carylelbn ^ Homtlde 32e. DW d bey Mond4 dR YeeQ 22b. Deeab How A~ey tl~onned acre a wr~,a rwar ^'y' ^ "° ^ n, ~ ^ kaa.d ^ PendYq b,~WgYpn ~ Tl"• a Wh' m. k~.r r wmn nc trry.oar,,, q.r tsa ^sukbe pceudHabep~femrrd K ^y„ ^H, ^Ddae/opaaa ^Pa so.. c«1w(d^e,«+r«~e( oor• sba'r. • T• barrepe, awn °oeeuna awero ar~'1p~`vM+kw~ nu aowr~oeo an ew mn~a.a n«n zl xn. sgrer. Pmnaebyp end eeAybq PMebM(baV~D e~iokplMeN nd ,e,tied.-----~----^------'--------'---- - Te wbMamp bgwNdP~d,elh oewrretldlM aruynoba..adew • Yedled leriiw/Gfrwrr a"°'~°'°"d 7b0°•nnd dwbdw eeueys)uq nu«wrwgd-_. ------ ^ ~ ~~ On dr baMdneMrrtlpr rM/or bvatlWUOn,bay apedon, sew eenwnd dlh, +4ne, deM,uW --------- 4 ~. P+eo•. aW a» b ow eaw(p end mans w,ura_ ^ ~. Herne aM,,ddnu - Rephbeh SlpneNe erW ObhIG Number izi~i 2 i G i 9 i ,s.Dde~edne~.d~.r,r, ~ l,t ~ z ~~~e~~ ~, ~ ^vw ,~, Date Issued 0 m r. c~ F'`- ~ _ ~•., 5 W .' '~ ~ - - , ~ '~ LPo~~ ~ ei~z;~o~. an Who G,ryYNd Ceur d Dew Idrn 27) 11'W I PM -ea ~Mishala S. Hartsburg rbe.peedd.dueldll_ .silver SnrinQ ~ ~ ~ dlMd wrr+ ay[Bab 'g, PA. 17050 z+a laaom pyrawn, e+ae,lp ~ Chambderabt>yrg, PA. 17202 Spring Road, Chamberaburg, p «slallrq sows WenbPUll i ^ rie ^Pbb,y/ ^ Ne ^-+Aderowr 7~'~Ly~C 2o.rrh.+e ~fA /-?/~ ^ Nd pepralwarb pnl yea ^ PnOrnadmeddew 9 bw neawd wrrr a are ^ d ~~~~ er ^ by+~~2~7 Ew,blNet ^ Uioronntpaprrd wash dr prl Yea ' sa`~rr°'..: '~'.w"'e~F_'e~!sk.uF.mr• wwwebn Perms aw. _ D / 4 ~ ~y LAST WILL AND TESTAMENT OF ANDREW C. ]ONES I, Andrew C. Tones of 901 Cedar Road, Mechanicsburg, Pennsylvania, hereby declare this as and for my last will and testament and revoke all wills previously made by me. At the time of the execution of this will, I am marriec~o Misha~ s. __ `=r O Jones, and have one child, Elijah A. Jones. ~_- ~ o =: -, , c~~ - _L c~ __., _;--_ t ': GIFTS r w `' ~ ~ -- I . To My Wife: I give my entire estate to my wife, Mishala ~ Jones°i' - r~ ' ^ II. Issue: Should my wife fail to survive me, I give my entire estates=to my son, per stirpes; but should he not survive me with issue, I give my entire estate to my sister-in-law, S. Sydelle Dickerson. ADMINISTRATIVE PROVISIONS III. Adopted Persons: Adopted persons shall be considered as children of their adoptive parents, and they and their descendants shall be considered as descendants of their adoptive parents. IV. Survivorship: For purposes of the gifts under this will, no beneficiary shall be regarded as surviving me unless such person survives me by thirty (30) days or more, exclusive of the date of my death. V. Trust Provisions: Should any beneficiary entitled to distribution under d 0 a~'< T > R3~ R ca i. u . c'~'= N ~ ~~~ R U my will be under the age of thirty years, the share of such beneficiary, less the property to be distributed outright under paragraph F below, shall be held by the Trustee hereinafter named IN SEPARATE TRUST for the benefit of such beneficiary as follows: A. As much of the principal and income of such separate trust as Trustee in its sole discretion may from time to time think advisable for the support of such beneficiary in his or her station of life to which he or she is accustomed at the time such separate trust is created hereunder, and for the support, welfare and education (including vocational and college education, both graduate and undergraduate) of such beneficiary or during illness or emergency, shall be either paid to such beneficiary or else applied directly for him or her or his or her benefit by Trustee after taking into account his or her other readily available assets and sources of income, and his or her respective income tax bracket. d 0 ~ h y a Lid 'c T > ~3~ ~ ~a ~_~ .] o~rv v N~ B. Prior to the beneficiary of such trust attaining the age of twenty- one years, Trustee shall accumulate any income not expended pursuant to Section V-A above for the benefit of such beneficiary, which income shall thereafter be added to and become principal. C. When the beneficiary of such trust attains the age twenty-one years, Trustee shall distribute absolutely to him or her an amount equal to one-third of the then-remaining principal of his or her separate trust; when the beneficiary of such trust attains the age of twenty-five years, Trustee shall distribute absolutely to him or her an amount equal to one-half of the then-remaining principal of his or her separate trust and when the beneficiary of such separate trust attains the age of thirty years, Trustee shall distribute absolutely to such beneficiary, the entire then-remaining principal of his or her separate trust, thus terminating the same. During the period when the beneficiary of such separate trust is between the ages of twenty-one years and thirty years, the Trustee shall further pay the net income from the principal balance of such trust to him or her in convenient installments, at least quarter-annually. D. Upon the death of the beneficiary of such separate trust prior to attaining the age of thirty years, such trust shall terminate, and the Trustee shall distribute the entire then-remaining principal and any accumulated or undistributed income of such separate trust to such beneficiary's surviving issue, per stirpes, and in default of any such issue, then to my then-living children, the share of any child whose original share is then being held in trust to be added to and treated as part of that trust. E. Distributions at or after these stated ages shall be made only in the event that child requests such distribution by writing intended to take effect during lifetime, executed by that child upon or after attaining each of the stated ages and delivered to the corporate Trustee. F. In the event my wife does not survive me, the items of personal property set forth on the memorandum attached to this will shall be distributed by my executor to my son, Elijah, as soon as is practical following the survivorship period. VI. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. VII. Death Taxes: All death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my probate estate so that the burden falls on my residuary estate and none of those taxes shall be charged against any beneficiary. VIII. Tax Options: I authorize my executors: A. To exercise any options available in determining and paying death taxes in my estate; B. To join with my wife in filing a joint income tax return; and C. To consent to any gifts made by my wife being treated as having been made one-half by me for the purpose of laws relating to gift tax. In my corporate executor's sole discretion (if I have a corporate executor), no compensating adjustments shall be required between income and principal, or between my trusts, or between my estate and my wife. d o " a~_ T> 3v ~a ~~~ ~'+1 L `4 N ~ N L ~ U IX. Management Provisions: I authorize my fiduciaries: A. To retain and to invest in all forms of real and personal property, including common trust funds operated by my corporate executor, regardless of any limitations imposed by law on investments by executors or any principle of faw concerning investment diversification; B. To compromise claims and controversies, and to abandon any property which, in my executors' opinion, is of little or no value; C. To distribute property in kind, in cash or partly in each, in such manner as may be determined and at valuations fixed by the fiduciary. D. To sell at public or private sale, to exchange or to lease for any period of time any real or personal property and to give options for sales, exchanges, and leases for such prices and on such terms and conditions as is deemed proper. E. To allocate any property received or charge incurred to principal or income or partly to each, without regard to any law defining principal and income. F. To retain property in kind and distribute to or for the use of any minor beneficiary. G. To exercise any election or privilege given by the Federal or other tax laws and to make or not to make equitable adjustment for the exercise or nonexercise of any such election or privilege. H. To pay the income of my estate, pending final distribution to my children, or for their use and benefit, in such amounts to such of them, and at such times as may be deemed necessary or advantageous for tax purposes. I. To make and file a disclaimer on my behalf. These authorities shall be in addition to those granted by law and shall be exercisable without court authorization. d 0 a~_ T > ~3V ~ a ~_~ :~ ~~ ~ ~ E Z r R U 4 X. Beneficiaries Under 21 or Disabled: If any beneficiary becomes entitled to an outright distribution of income or principal and is (i) under the age of twenty- one or (ii) in the opinion of my executor or trustee (hereinafter in this Article "my fiduciary"), disabled by illness or other cause and unable to properly manage the funds: A. As much of such income or principal as my fiduciary may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefits; and B. The balance of such income and principal -and the net income from those funds -shall be kept invested and managed as a separate trust for that beneficiary, with the trust funds paid to or for the beneficiary in accordance with the provisions of the preceding paragraph. When the beneficiary reaches the age of twenty-one or, in my trustee's opinion, becomes free of disability, as the case may be, the balance shall be paid to the beneficiary. If he or she dies before that time, the balance shall be paid to his or her executors or administrators. Any funds to be applied under this article either shall be applied directly by my trustee or, shall be paid to a parent or guardian of the beneficiary or to any person or organization taking care of the beneficiary. My trustee shall have no further responsibility for any funds so paid or applied. XI. Early Ending of Trusts: If my trustee, in my trustee's sole discretion, k 0 ,~W T> 3~ eLe o a ~. ~ :~ ~ ~ E A U 4 determines that it is desirable to do so, my trustee may end any trust under this will. This may be done by paying the then-remaining principal and income of that trust to the person then eligible to receive the income or, if there is more than one person, to them in such amounts or proportions as my trustee may think appropriate. If any person is a minor or is, in my trustee's opinion, disabled by illness or other cause and unable to properly manage the funds, my trustee may pay the funds to his or her parent or guardian or to any person or organization taking care of the person. In the case of a minor, my trustee also may deposit the funds in a savings account in the minor's name payable to the minor at majority, or appoint and pay the funds to a custodian for the minor under the Uniform Gifts to Minors Act of any state. My trustee shall have no further responsibility for funds so paid or deposited. XII. Rights in Income: If a trust is funded from a larger share, it shall be entitled to a proportionate amount of the income from the time the trust is to begin until the actual funding. During that period, income and principal may be distributed directly to the beneficiaries, subject to the terms of the trust. All income undistributed at a beneficiary's death shall be treated as if it had accrued after his or her death. FIDUCIARIES X. Executors: I appoint my wife, Mishala S. Jones, as Executrix of this will, but sho!ald she fail to qualify or cease to ac+_ as such, I appoint Courtney J. Graham, Esquire, and Fulton Financial Corporation in her stead. No fiduciary appointed herein shall be required to file a bond. XIV. Trustee: I appoint Courtney J. Graham, Esquire, and Fulton Financial Corporation, as Trustee of any trusts created by this will. I direct that: A. My Trustee shall receive compensation for the performance of its functions hereunder in accordance with its standard schedule of fees in effect from time to time during the period over which its services are performed. B. Any individual Trustee may resign at any time without Court approval. XV. Guardians of the Person and Estate: If my wife does not survive me: A. I appoint S. Sydelle Dickerson and James Dickerson, III, guardian of the person of my son, Elijah, during his minority; and B. I appoint Courtney J. Graham, guardian of the estate of my my son, Elijah, over any property that may pass to him other than under this will or a trust of mine, but should he fail to qualify or cease to act as such I appoint Fulton Financial Corporation in his stead. I direct that such guardian shall not be required to give bond. Any individual Guardian may resign at any time without Court approval. d u o aW° T> 3r R eL0 c a v u C7 .~ ~~ ~ E r r R U L IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, consisting of seven (7) typewritten pages, ncluding the affidavit 20106 ing, each affixed with my signature, this ~i~day of ~t..)~y /' , (SEAL) Signed, sealed, published and declared by the above-named testator as and for his last will and testament in the presence of us, who at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. residing at ~C.o'1~/Cc•-.e ~/~ u u O ~ ' a a W y T> ~3= ~ oa ~~. ~~'_ N ~ N E s0 U CJ C'l-~.9 residing a t C ~,1/~, (~19./~, ~ COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF FRANKLIN: We, Andrew C. Jones, ~l ~~r~~~rQ h~~ and o~ ~~~ ,the testator and 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 had signed willingly (or willingly directed another to sign for his), 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 the time eighteen years of age or older, of sound mind and under no constraint or undue influence. C._--- Ar,c. a:ro .,. Jon ~~ Sworn and subscribed to before me this ~~ day of 2006. otary Public NOTARIAL SEAL KAREN L. KIMP~.E Notary Public Chambersburg Bor~_ ., County of Franklin My Commission Expires June 7, 2009