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HomeMy WebLinkAbout03-13-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of GERTRUDE A. JONES also known as Deceased Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or 'B' BELOW:) COUNTY, PENNSYLVANIA File Number ~~ ~~~ ~~~~~ Social Security Number 215-18-2881 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix last Will of the Decedent dated October 18, 2007 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, 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 (tf applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) rv C'~ ca Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following ~~ (if any) ~ 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.) a~~ ~ ~ ~'7 i Name Relationshi Resi¢er~ ~t -- - - j ' -- i '~=-j ~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. fV ' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 204 Campground Road Carlisle Lower Frankford Township, Cumberland Countv, Pennsylvania, 17015 (Gist street address, town/city, township, county, state, zip code) Decedent, then 83 years of age, died on January I8, 2009 at Chapel Pointe, 770 South Hanover Street, Carlisle, Cumberland Countv Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 90,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ 0.00 ([f not domiciled in PA) Personal property in County $ 0.00 Value of real estate in Pennsylvania $ 0.00 situated as 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: Virginia Stenger 128 East Lee Street Hagerstown, MD 21740 named in the Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND . The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cor rect 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. t,,,; - C? ~ ~-, `-~ ~~ ..a Sworn to or affirmed and subscribed ~/ -- ~~ ,, . , ' Signature ersonal Representative ~' t-- ~ ~ 3 .- day of before me the ~ '-~' ~ ,-'1 ~s _ J W .. ~ , ~ Signature of Personal Representative ~ '! 7=it ~r ~ ...__ ~ ~ - - ~ _..~ ~ -',;, For the Register Signature of Personal Representative ~ N ~~ " ~ ~~~? v File Number: ~ Estate of GERTRUDE A. JONES ,Deceased Social Security Number: 215-18-2881 Date of Death:January 18, 2009 n AND NOW, ~~h~~~.%G-f ~/'~~'L~~ ,~(~j l , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Virginia Stenger in the above estate and that the instrument(s) dated October 18, 2007 described in the Petition be admitted to probate and filed of record as the last Will (atld Codicil(s)) f Decedent. FEES Letters ......~~,~... $ ~~~ _ Short Certificate(s) .. ~.. .. $~ Renunciation(s) ........ .. $ J . .. $ ~~ ` . _ .. $ _S . .. $ . .. $ . .. $ . .. $ . .. $ . .. $ TOTAL ............ a ~~ -~- .. $ y~ ills ~ ~ ~'"~ ~L `"C.t-', Attorney Signature: -'%`~ ~- ...,' Attorney Name: B adl '~. Griffie Supreme Court I.D. No.: 34349 Address: 200 North Hanover Street Carlisle, PA 17013 Telephone: 717-243-5551 Form RW-02 rev. 10.13.06 Page 2 Of 2 ARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. C~' J1N:r,)~+SVEAL.'iH i7F- rcNNSY+..Y~t1fA ~\ ~Cr, ~~~ U~F~ART~uTE"~~" O~ HEAD • Vl7Ay ~EG~Rt3S .:x~,e '3y~'N~`~ :. ~ ~ 3y~~ . ~ ~~ ~, --~ ~~~ 6245469 w~ ~~ / ~~ ~..~i ~. _ l __ ~ ~~ __ - C~ j ,. _ _ ~ ~ ~n~r-a ~ l~ ~, „ ,~,_,~., .~, n~ ~. _ __ '~~ ~~ ~~7 / ~ ~~~~~~~ - c ' j l /^~/-J ~''~ I '~ /-~ '~ /J ~ ~i(~ ~ ~ 7 _ _ _~_. .N . _. . ~. ,, _ G~ _ .`,c. _ ,., , cn 4-_ >~ --~ --, ,_.,_,i "~ -- --- _ _ _ -II- i ~r~f~)B r7U4ti Ii~;~U!"'}~ rr ~.-- r:.5 ~ _ ~ F~ c~ ~_-- _y ,_-} ~» VD - -r -, N ~ ~ ~~0/3 a ~rl?('jri~''t3`iC ,~ cz:. ~~J='ci 02~~ ~ ~~ ~ ''"1 t ' i ~, ~ ~ 7 : 1. LA5T WILL AND TE5TAMENT ~_ ~~~ OF `-' - rz, ~: . GERTRUDE A. JONES `~:3 _:-' I, GERTRUDE A. JONES, of 204 Campground Road, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor hereinafter named to pay all of my just debts, ~~` J funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. I direct my Executor to pay all inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any property hereunder may be subject, and to charge such taxes as part of the expenses of the administration of my estate, being deducted and paid from the residue of my estate and not to be deducted in any manner from any specific bequests made herein. However, my Executor need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my ~~ .~.~ -~ ..~:~ w rv death, I authorize my Executor/Executrix, in his, her or its sole discretion, to purchase a GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 1 of 7 l00 Lincoln Way East, Suite D Carlisle, PA 17013 Chambersburg, PA 17201 ~- - , , .: __ ~-~=~ burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. SECOND During my lifetime I provided a distribution in the sum of THIRTY THOUSAND AND XXl100 ($30,000.00) DOLLARS to my son, DANIEL JONES, which, it is my intention, shall be considered by my Executor/Executrix hereinafter named as a distribution in lieu of inheritance to him. In the event the net assets available for F~ 'J distribution from my estate at the time of my death are NINETY THOUSAND AND XX/100 ($90,000.00) DOLLARS or less, then no distribution will be made to my son, DANIEL JONES, but rather the provisions of my third paragraph as hereinafter stated shall be followed. In the event that the net proceeds available for distribution to my named heirs exceeds NINETY THOUSAND AND XX/100 ($90,000.00} DOLLARS, my three children named hereinafter in the Third paragraph shall enjoy a distribution of THIRTY THOUSAND AND XX/100 ($30,000.00} DOLLARS each to create a ~~ .J distribution to them equivalent to the distribution made during my lifetime to my son, DANIEL JONES. After the NINETY THOUSAND AND XX/100 ($90,000.00) DOLLAR distribution (THIRTY THOUSAND AND XXI100 ($30,000.00) DOLLARS for each child), then my son, DANIEL JONES, shall share equally with his three siblings in any additional assets or proceeds available for distribution. In the event that any of my three children, CAROL HAINES, LINDA SCHLU5SER, or STANLEY JONES, should predecease me, as it is my desire for my assets to be distributed per capita to my children, as more fully described in my Third paragraph herein, then the sa GRIFFIEt& ASSOCIATES ve in this paragraph shall be Attorneys At Law 20D N. Hanauer Street 100 Lincoln Way East, Suite D Carlisle, PA 17013 Page 2 of 7 Chambersburg, PA 17201 implemented. However, it shall be implemented in a manner such that my two remaining children who are named in the third paragraph hereinafter shall each receive a THIRTY THOUSAND AND XX/100 ($30,000.00) DOLLAR distribution from my estate. The remaining net proceeds shall be divided equally between my remaining children, including my son, DANIEL JONES. For example purposes, should my son, STANLEY JONES, predecease me, then upon the distribution of my net estate, THIRTY THOUSAND AND XX/100 ($30,000.00) DOLLARS shall be distributed to my daughter, CAROL HAINES, and THIRTY THOUSAND AND XX/100 ($30,000.00) DOLLARS shall be distributed to my daughter, LINDA SCHLUSSER. If at that time there remains an additional sum from the net proceeds of my estate to be distributed to my beneficiaries, then my daughters, CAROL HAINES, LINDA SCHLUSSER, and my son, DANIEL JONES, shall each receive an equal distribution. THIRD I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate to my three children, CAROL HAINES, LINDA SCHLUSSER and STANLEY JONES, who survive me by sixty (60) days, per capita. If distribution of my net estate to my three named children produces a distribution to each of them of in excess of THIR T Y ~~ THOUSAND AND XX/100 ($30,000.00) DOLLARS, then my Executor/Executrix shall abide by the terms of the Second paragraph above relative to inclusion of my son, DANIEL JONES, the distribution beyond THIRTY THOUSAND AND XX/100 ($30,000.00) DOLLARS. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle, PA 17013 Page 3 of 7 Chambersburg, PA 17201 stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my Executor/Executrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. FOURTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. FIFTH I nominate, constitute and appoint my dear and close friend, VIRGINIA STENGER, as Executrix of this my Last Will and Testament. In the event VIRGINIA STENGER is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my dear and close friend, DEAN STENGER, as Executor of this my Last Will and Testament. I direct that my GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 4 of 7 I00 Lincoln Way East, Suite D Carlisle, PA 17013 Chambersburg, PA 17201 Executor/Executrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. SIXTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of seven (7) typewritten pages, the first four (4) of which bear my signature on the side margin, for purpose of identification, this ~ ~kh h ,~I ~~ day of ~) C )~ r , 2007. WITNESS: +~ A A ~I '~ ,~ _~, ~ -, f , ~ / / ~ ~~ i_C/ `1J GERTRUDE A. JONE5 - GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Carlisle, PA 17013 Page 5 of 7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND I, GERTRUDE A. JONES, the Testatrix 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 and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~ ~~~ ~~ ~A. GERTRUDE A. JONES Sworn or affirmed and acknowledged before me by the Testatrix this ~~ day of aC-~b~er' , 2007. GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Carlisle, PA 17013 Page 6 of 7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND WE, ~ I l ~ . PcscZ and ~ ~ 0.d (e~., ~- - G< ~ ~ e _ the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed and subscribed and e this ~~ day of JDC~ C, e ~ , 2007. Notar lic I ~ ~r^• ~~ n s o+rNNw GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle, PA 17013 Page 7 of 7 Chambersburg, PA 17201