HomeMy WebLinkAbout08-13-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Ctunberland COUNTY, PENNSYLVANIA
Estate of _ Adem W. Thorrtas
also known as
Pile Number (JC,/' O /' / `~" V
Deceased Social Security Number 19"7-09-6180
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(s) is /are the Executrix named in the
last Will of the Decedent dated October 25, 2002 and codicil(s) dated
(State relevam circumsmnces, e.g., renurMiatian, death of ezecutoq etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: n
^ B. Grant of Letters of Administration
emer: c.t.a.; d.b.n.c.ta; peMente (ire; dwante absemto;
Petitioner(s) after a proper search has /have ascertained [ha[ Decedent left no Will and was survived by the
Administration, c. t.a. ar d.b.n.c.t.a., enter date of Wif! in Section A above and complete list oJheirs.J
(COMPLETE /NALL CASES:) Aaach additiond sheetr ijnecessary.
offered
W
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence a[
4905 East Trindle Road. Mechanicsburg PA 17055 _
(Lint meet address, rown/cay,, townrhfp, rowry stare, zip code) --~-~~ "'-"--"'"'- --,_.___~
Decedent, then 91 years of age, died on July 31.2W9 at 4905 East Trindle Road, Mechanicsbur>;, PA 17055
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
situated as
$ 220,000.00
Form R W-02 rev. !013.06 Page 1 of 2
Wherefore, Peitioner(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
SS
COUNTY OF Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cortect to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) wilt well acid truly
administer the estate according to law.
Sworn to or affirmed and subscribed
Q Si(pwture ofPeraomlRepresBNative
before,.rtte the llJ~ .day of
Sig~mlure ojPersonol Representative
the Register Signnhve ojPeJSOwI Representativ¢
File Number: ~~~ ~ oGCJCJ [ ' Q // u ~ ~ C
Estate of Adam W. Thomas , Decked
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Social Security Number: 197-09-6180 Date of Death:July 31 2009
AND NO W, ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented befgrp e, IT IS DECREED, that Letters Testamentary
aze hereby granted to -
in [he above estate
and that the instrument(s) dated October 25 2002
described in the Petition be admitted [o probate and filed of
FEES ~~
Letters ............... $
Shott Certificate(s) ........ $-~_
Renunciation(s) ... $
/ .. $
... $/O p
.. $ ~~
TOTAL ......
... $
... $
... $
... $
... $
..... $ ~~
last Will (and
Attorney Signature: V '-~ '
Attorney Name: Wayne M. Pecht
Supreme Court LD. No.: 3890a
Address: 1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
Telephone: (717) 691-9809
Form RW-01 rev. to.ls.oa rage 2 of 2
103.805 REV (01/0"!)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwazded to the State Vital
Records Office for permanent filing.
P 15477349
Certification Number
ITEM # '~ ~ R
SHOI n.n RRAn AS FOLL9WS,
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Local Registrar Date Issued
ll~ce COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
~ RN CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT ~ °
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ADAM W. THOMAS ~
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I, Adam W. Thomas, of Camp Hill, Cumberland County, Pennsylvania, being of sod ,
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mind, memory and understanding, make, publish, and declare this to be my Last Will and hereby
revoke all Wills and Codicils previously made by me.
ITEM 1. I direct my Executrix hereinafter named to pay all my legal debts and
funeral expenses, including the cost of my gravemarker, and administration expenses of my
estate, as soon as practicable after my death.
ITEM 2. I give, devise and bequeath the sum of One Hundred Dollars ($100.00)
each and my love and affection to my two children, Jerald L. Thomas and Debra S. Mihalaki, per
stirpes.
ITEM 3. I give and bequeath my all of my remaining tangible property including
automobiles, jewelry, wearing apparel, books, pictures, household furniture and furnishings, and
all other articles of household and personal adornment, together with any insurance existing
thereon, to my beloved children, Donna M. Schlegel, Arlene L. Thomas and Nancy M. Stoever,
in equal shares, per stirpes.
ITEM 4. I give and bequeath all the rest, residue and remainder of my estate, real,
personal or mixed of whatsoever kind or nature, including all lapsed legacies and bequests, and
including any property over which I may have a power of appointment at the time of my death to
~~
Adam W. Thomas
my beloved children, Donna M. Schlegel, Arlene L. Thomas and Nancy M. Stoever, in equal
shares, per stirpes.
ITEM 5. Should any beneficiary of my estate be under twenty-five (25) years of
age, I direct that the share of such beneficiary shall be paid unto Donna M. Schlegel as Trustee
for said beneficiary, on the following terms and conditions:
(a) My Trustee shall divide this sum into equal shares corresponding in
number to my beneficiaries surviving me, and each share shall be held in a separate trust
for each of my surviving beneficiaries.
(b) My Trustee shall hold, manage, invest and reinvest the shares so received,
and the accumulation of interest, and use and apply from time to time such portion of
income and principal thereof as they deem necessary for such beneficiary's health,
maintenance, comfortable support and education, or to make payment to any personal
guardian of such beneficiary. The term "education" means technical, prepazatory,
college, graduate and professional education while enrolled in good standing in a
recognized educational institution.
(c) Any principal or income not so applied shall be distributed to such
beneficiary when he/she attains the age of twenty-five (25) years.
(d) All shares of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligation of the beneficiaries and shall not be subject
to any execution or attachment.
fla,~a~"~'
Adam W. Thomas
-2-
(e) Should any beneficiary die prior to the termination of the trust fund, I
direct that any balance remaining in his/her fund shall be distributed to the issue of said
beneficiary. If said beneficiary is not survived by issue, I direct that any balance
remaining in his/her fund shall be distributed to my surviving beneficiaries in accordance
with the ratios set forth in this my Last Will.
ITEM 6: In addition to powers granted by law or by other parts of this Will, my
Executrix shall have the following powers:
(a) To retain any and all assets of my estate, real, personal or mixed, without
regard to any principle of diversification, risk or productivity, except as may be otherwise
expressly provided herein;
(b) To sell at public sale, to exchange, to lease, to pledge, to mortgage, to
transfer, to convert, or otherwise dispose of, and to grant options with respect to, any and all
property, real, personal, or mixed, at any time forming part of my estate in such manner, at such
time or times, for such purposes, for such price or prices and upon such terms, credits, and
conditions as may be deemed advisable;
(c) To invest and reinvest the property in stocks, bonds, mortgages, notes,
insurance policies, annuities, common trust fund participation, or other property of any kind,
real, personal or mixed, irrespective of any statute, case, rule, or custom limiting the investment
of trust fends, except as expressly provided otherwise herein;
(d) To settle, compromise, contest, prosecute, or abandon claims in favor of or
against my estate as maybe deemed advisable;
~yk',~
Adam W. Thomas
-3-
s
(e) To allocate receipts and disbursements to principal or income or partly to
both and to ascertain principal or income in accordance with the laws of the Commonwealth of
Pennsylvania;
(fj To make distribution or division of the estate in cash, in kind, or partly in
both, and to postpone distribution by agreement with a beneficiary;
(g) To exercise any law-given option to treat administration expense either as
income tax or estate tax deductions; without regard to whether the expenses were paid from
principal or income, and without requiring reimbursement; and
(h) To disclaim any inheritance or transfer.
ITEM 7. No bond shall be required by my executrix, but if bond is nevertheless
required, it shall be without surety.
ITEM 8. I direct that all estate, inheritance, succession, death or similaz taxes,
(except generations skipping transfer taxes) assessed with respect to my estate herein disposed of
or any part thereof, or on any bequest or devise contained in this my Last Will (which term when
used herein include any Codicil hereto), or any insurance upon my life or any property held
jointly by me with another or on any transfer made by me during my lifetime or on any other
property or interest in property included in my estate for such purposes, be paid out of my
residuary estate and shall not be chazged to or against any recipient, beneficiary, transferee or
owner of any such property or interest in property included in my estate for such tax purposes.
/~-dawn, ~ ~»^.~'
Adam W. Thomas
-4-
ITEM 9. I appoint my daughter, Donna M. Schlegel, as executrix of this my Last
Will. If my daughter, Donna M. Schlegel, predeceases me, ceases or is unable to act as my
executrix, I appoint my daughter, Nancy M. Stoever, as executrix of this my Last Will. If my
daughter, Nancy M. Stoever, predeceases me, ceases or is unable to act as my executrix, I
appoint my daughter, Arlene L. Thomas, as executrix of this my Last Will.
IN WITNESS WHEREOF, I have hereunto set my hand this /t7 day of October, 2002.
Adam W. Thomas
The preceding instrument consisting of this and four (4) other typewritten pages identified by the
signature of the Testator was on the date thereof signed, published and declared by Adam W.
Thomas, the Testator therein named, as and for his Last Will and Testament, 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.
of ~~~ ~~o
~ ~y~
Adam W. Thomas
-5-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
We, Adam W. Thomas, and ~~1~~~ and~~1~Z~,~y~ the Testator
and the witnesses, respectively, whose names aze signed to the attached or foregoing instrument,
being first duly sworn, do hereby declaze 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 him), 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 witness and that to the best of our lrnowledge the Testator was at that time eighteen years of
age or older, of sound mind and under no constraint or undue influence.
Testator
®
Witness
Witness
SWORN to or affirmed edged before me by the above named Testator and witnesses
this ~ day of _(J , 2002.
~~~~
NOTARIAL SEAL Notary Public
KIMBERLY A. NALL, Notary Public
City of Hemsburg, Dauphin County SEALmmission Expires: /// 9 ~'~.~,
My Commission Expires January 19, 2004
Documen! #: !57800.1