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Home My WebLink About09-14-10PETITION FOR PROBATE AND- GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of David I . ThompSOn File Number ~ ~~ f D `Q ~~J`~ also known as .Deceased Social Security Number 1 7 4 ~0 5- 2 2 7 9 Petitioner(s), who is/are 18 years of age or older, appiy(ies) for: (COMPLETE 'A' or 'B' BELOW.) ® A. Probate and Grant of Letters Testameatary and aver that Petitionet(s) is itfiiE the Executor - ~ named in the last Will of the Decedent dated FLb ~ 2 0 ~ 0 0 2 ~ codicil(s) dated , (State relevant circumstances, e.g., remrnciation, death of exetuton eta) Except as follows, Decedeat 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 (Ijoppllcabls, enter: e.t.a.; db.n.c.t:a.; pendente life; durante absentia; f inorltate).'' sa Petitioner(s) after a proper search has !have ascertained that Decedent left no Will and was survived by the followin ' if anyd Administration, e.t.a. or d.b.n.c.t.a., enter date of WIl! in Section A above and complete list of heirs.) ~ 'b ~. ~ zz (COMPLETE WALL CASES.) Attach ati'dltiottal s6eeb !f necessary. ~ Decedent was domiciled at death in Cumberland County, Penn~yl1~~aa w th his / Mast principal residence at Thornwald Home 442 a nu_ o om Rd., Carlis~e, PA (Erse street address, town/eity, township, county, state, zip code) Decedent, then 9 3 years of age, died on 9 / 6 / 2 01 0 at Thornwald Home Decedent at death owned property with estimated values as follows: '~ 5 O , 0 O O . 0 0 (If domiciled in PA) All personal property S T (If not domiciled in PA) Personal property in Pennsylvania S (If not domiciled in PA). Personal property in County S Value of real estate in Pennsylvania S r~~ •~ sitttatedasfollows: 640 Mooreland Ave., Carlisle, PA 17013 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Wilt and Codicil(s) presented with this Petition and the grant of Leatrs in the appropriate form to the undersigned: ~~,,;~ ~ / ~,,, I David R. Thompson 345 McCabe Rd. ~ Landisburg, PA 17047. Forni RW-02 rev. !0.!3.06 Oath bf Personal Representative COMMONWEALTH OF PENN3YLVANU~ SS Page 1 of 2 COUNI~' OF CUMBERLAND late Petitioner(s) above-t~ttt~ed swoar(s) or affirm(s) that the af~tcnts in ttu foregoi>ag Petition are true and correct to the best of the knowlalge and belief of Pe#itioner(s) and that, as personal representarive(s) of the. Decedent, Petitioner($) will well and truly adrninistec the estate according. to law. Sworn oo'or aPfufied subtterlbed before me ~-e ~,,;,,„ day of Sea~temlr?er 2Q 10 SYgnatio+e 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 correct to the best of the la~owledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitior~er(~) will well and truly administer the estate according to law. Sworn to or affirmed atsubscribed before me the ,_,~,~ day of September 2010 Signature of Persona! Representative Signature of Persona! Representative For the Register Signature ojPeraona! Representative `~~ .z ~ '?'t <a ;~' File Number: Z~'~ l)' y 9`{s Estate of David I . Thompson UecgaSed Social Security Number: 17 4 -0 5 - 2 2 7 9 Date of Death: Sept . 6 y ~ 010 ~~ AND NOW, ( ~J~' Ut0 in consideration of the foregoing $eti~ion, st~tisfactory proof having been presented before me, I D CREED that Letters Testamentary F~_ are hereby geanted to David R . T~ompson - _ I i and that the instrument(s) dated Feb . 2 0 , 2 0 ®td described in the Petition be admitted to probate and filed of FEES Letters ............... $ Short Certificate(s) ........ $ .l . pO Renunciation(s) .......... $ - I~LI ~ .. $ s.oo ... $ 23. s~ ..$ ..$ ..$ ..$ ... $ ..$ TOTAL .............. $ 7 Z 7.5n .~ Form RW-01 rev. 10.13.06 the last Will (and Codicil(s)) Wills Attorney Signature: 0 ~ t'r~ „~ in the above estate Attorney Name: Anthon~¢ Lh DeLuea, Esquir Supreme Court LD. No.: 18 0 6 7 Address: 113 Front' Street P . O. Box ~ 51,8 I Boiling S~rli',ngs, PA 17007 Telephone: (717) 2 5 8 }- 6 8 4 4 T Page 2 of 2 r ~, , ~__ ----- 105.805 REV (01/07) ~ / ((J ~ ~ ` r LOCAL REGISTRAR'S CERTIFICATION OF D~a-TH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 1~85421Q Certification Number This is to certify', th~t the information here given is correctly copied Pro~1 an original Certificate of Death duly filed with rye ~s Local Registrar. The original certificate will be '~, forwarded to the State Vital Records Office fbr permanent filing. Local Regi~ !, Date Issued I 0 -c c~ M ,t- ~'`' . ~3 . l-... ~ T `~ cor~Ma+w~TM of P~s~nvawn • o~~Rr~err of r~rM ~ vrru. t~c~ttos HIaF1plE1f 11!7006 "'," ceanFlCa,-~ of ~e-Trt 77ACK ~ (sdr kNUt77i1~777a ~77d d0t71MIpIM 011 nw-sy sr~~ ~ ,:weidoerrdaMe++r~rKwa 7.8r S0ooY8aoA1)HUrr ~. Dawid Irwine Thompson Male 174 - 05 - 2279 gaedegioM.~ ept. 6, 210 `+qe R+na~7dw1 ~+ u1~ 4 ade 7. rd dlb r 0a Pba d DbN ar 93YR ~"` 4 ~" mow. 9/12/1416 Car11s1e,PA Oev+Mr ^7a1/aadew ^~ ~ ^„~,,, ^awr•s7.~+r• Memyrdoere ee.ab,"ratradoe.n ldHm0glWarIYWY7on.M+weMrdn106M 0.Y7rOwdutdlYprb011"fnT No ~"T"''a'"~''`~" ' 'w~ ta.tee>K~,Iwdanedn77re,vnie,r: ('M Ybderl. n.~ 1+en dG1 Cumberland Carlisle Thornwald Home ite n. a.iMfuw dweied>~ medd ~ /-. Do ed dYl 17:Wr ow,+e.+.wbn~ to o.aadt FecWOn mnpbrW +~. w~gr~arp.:~rd;4 to SuMWq/~IM v+~, aM+mWri.r) ardr7r~ laldd7e.br./bw7 uaMn.dFpwrT ~„M7q/e,r„s„sla.tzl g~„".p.lt-gas.) W1aOWea 'Pediatrician Serf ®++~ ^~ ~ w o~owanrlanei..(a.d, /e>ta+ew.eaoodq Box 1403 P O oerart4 k+wn.belr ne.ser PA ~bo.~aed n~.^r«,or..a.d ' b ~"""°' TMa . . Carlisle,PA 17013 +Ta.$1 ~ ,mcwp Cumberland Carlisle p,,.,,, N FdW~ller ¢YM..b~Y. eM,r~ H.I7o0n(sllerl+~Lw07ie.wwl0m>AOtweW '.. 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Q v a ~~ ~ / I ~I ~ I () I + 0 7 1Jtbn. p ', to rti•iW~• PG 170 tS ' 0iopoWM PrM Ho. D ~. F:V7LES~DATAPILE~F.que Pl.mio`~9320.HI.WH1 LAST WILL. AN1p TESTAMENT I, DAVID I. THOMPSON, of the Borough of Cazlisle, Cumberland Cou being of sound and disposing mind and memory, do hereby make, publish and dE Last Will and Testament, hereby revoking any and all former Wills or Codicils ITEM ONE D I direct that all my legally enforceable debts, funeral expenses, testamei ~~ all inheritance taxes shall be paid to the extent possible from the assets held or p~ N SIX hereof as soon as practicable after my decease and as part of the administr~ ~~ ITEM TWO In the event my wife, MARY JANE THOMPSON, shall predecease or fail thirty (30) days, then I give such items of personalty as are itemized in a certain li: to the persons named thereon, which list is signed and dated by me at the end the ITEM THREE In the event my wife, MARY JANE THOMPSON, predeceases me, I gig Thousand Dollazs ($10,000.00) unto each of my grandchildren, the child or childre grandchild taking or sharing in the amount their parent would have received, if li grandchild be under the age of twenty-one (21) years, his or her share shall be h• Trustee, who shall accumulate the income of each shaze and pay the said share an~ income therefrom to said grandchild, or his or her issue if deceased, as he or she twenty-one (21) yeazs. ITEM FOUR If my wife, MARY JANE THOMPSON, is living thirty (30) days after my devise and bequeath all of my estate, both real and personal property, unto my wi THOMPSON, absolutely. If my said wife does not so survive me, then I give, de all the rest, residue and remainder of my estate, both real and personal property, u be held or distributed by such Trustee under ITEM SIX hereof. ITEM FIVE In the event my said wife shall disclaim all or any portion of any devise my said wife under the foregoing ITEM FOUR, then the amount otherwise payal my Trustee under ITEM SIX hereof. For purposes of the Trust established under my said wife shall not be deemed to have predeceased me by virtue of my wife's e to disclaim set forth herein. '~'~ `"Q Q~ ~n~38W(l~ i~~10~ S,NdHd~10 ~o xa~ 9 +l .£ tied ~l ! d3S 01 ~~ r,.,...,, < <<^~l~~~ Pages °ennsylvania, phis to be my e made. expenses and ;',under ITEM df my estate. ve me by ed hereto sum of Ten any deceased Should any trust by my accumulated the age of then I give, CRY JANE end bequeath my Trustee to made to 1 be held by S1X hereof, of the right -s-rg I E b,,,X RESIDUARY AND DISCLAIMER TRUST My Trustee shall hold the assets received under ITEMS FOUR and FIVE hereof, if any, for the following purposes: ', A. My Trustee shall pay the net income, at least quarter-annually, to ~n wife, MARY JANE THOMPSON, for life. In addition, my Trustee in my Trustee's sole discrdti n, may invade the principal of the Trust for the proper and adequate support of my said wife. B. My Trustee shall further pay to my wife, MARY JANE THOMPSO~, ually, such sum from the principal of the Trust as my said wife may request in writing, provided however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or fiv~ p~cent (5%) of the aggregate value, at the time of said request, of the principal of the Trust he C. Upon the death of my wife, MARY JANE THOMPSON, or upon ~y death if she shall not survive me by thirty (30) days, my Trustee shall distribute the principal df the Trust, in equal shazes, to my children, DAVID R. THOMPSON, SUSAN CAMPBEL~,, I,THOMAS G. THOMPSON, and DANIEL THOMPSON, absolutely. !~ D. In the event that any of my said children shall fail to survive my iwi a and me, but shall leave a spouse andlor issue surviving, then such deceased child's shaze shall a held by my Trustee and administered and disposed of as follows: (1) The shazes for DAVID R. THOMPSON and DANIEL THOM~SON shall be held, IN FURTHER TRUST, for his then living issue, per stirpes, and in d~fa It of any such then living issue, such shaze or shares shall be added to the shazes for my!, o er children; (2) Thirty-one (31 %) percent of the shaze for SUSAN CAM~P>~ELL shall be distributed to her then living spouse, absolutely, and sixty-nine (69%) of ~u~h share, or all thereof if there is no then living spouse, shall be held, IN FURTHER TR~JS ,for her then living issue, per stirpes, and in default of any such then living spouse and/or{ is pie, such share or the balance thereof shall be added fo the shazes for my other children; (3) The shaze for THOMAS G. THOMPSON shall be distribu ed to his then living spouse, absolutely, and if there is no then living spouse, such shaze~l~ si~a11 beheld, IN FURTHER TRUST, for his then living issue, per stirpes, if any, otherwise shah shaze shall be added to the shazes for my other children. ', The net income therefrom shall be used by my Trustee for the support, maintenar~ce~and education of the issue of such deceased child or children. In addition, my Trustee shall use much of the principal therefrom as he shall deem desirable for said purposes. My Trusted all distribute absolutely to the issue, per stirpes, of such deceased child or children the principal ~f 's or her shaze as each, in turn, shall attain the age of twenty-one (21) yeazs. Page 2 of 7 Pages ITEM SEVEN POWERS OF EXECUTOR AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other pko~isions hereof, my Executor and Trustee and their successors, shall have the following disc~et ohary powers applicable to all property held by them which powers shall be effective without odd of any court and shall exist until final distribution. i A. To retain any property of any nature received by them for whateverpe~iod they shall deem advisable; ', B. To invest and reinvest all or any part of said property in such stocks b nds, common trust funds, securities, accounts, certificates of deposit (including, but not limited ~o, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) ~r ther property, real or personal, as in their discretion they shall deem proper, without regazd to sta~tu es limiting the property which a fiduciazy may purchase; ' C. To sell, transfer, exchange or otherwise dispose of, any part of said I r perty, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) y s r the duration of any trust herein, without liability on the purchasers or lessees to see to the a~p ication of the proceeds, and to give options for these purchases without the obligation to repudi~t them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other in$tr~ents as may be necessary to cazry out the provisions of any trust hereunder; ' ~, E. To borrow money, including the right to borrow money from ~~ bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regazd t~ d ath, marriage, divorce, illness, incapacity and the like in the absence of information deemed~l, r liable without liability for disbursements made on such assumption; ~I G. To pay from the trust, or the income therefrom, all debts or claims ~gairlst my estate, or any taxes or similaz chazges on my estate; H. To make any distribution hereunder either in kind or in money, o~ p~rtially in kind and partially in money. Distribution in kind shall be made at the market value o f the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the sl~az distributed to any distributee to be composed of property similar to or different from that distril~ut d to any other distributee; I. To exercise any subscription right in connection with any security h 1d hereunder, to consent to or participate in any recapitalization, reorganization, consolidation for merger of any ~, Page 3 of 7 Pages corporation, company or association, the securities of which may be held hereuhrdler, to delegate authority with respect thereto, to deposit investments under agreements, to pay ~s~essments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the live$ ~'f beneficiaries of any trust hereunder; ' ', K. To continue in any partnership, joint venture, joint ownership ~r ~ther business enterprise of which I am a part at the time of my death; ~~, L. To compromise claims; ', M. To continue for whatever period of time as they shall deem necess y ownership as a tenant in common or as a partner, in real estate or other property and to act as c uld have done had I been living; ~' N. To lend money to my estate or to any trust created hereunder or to ~ base from the estate or from any trust created hereunder, at the market value thereof at the time o ,purchase, any securities or other property tendered to them by my estate or any trust created here{urr~er at any time and from time to time within a period of nine (9) months after my death; ', O. In the event that any amounts are payable hereunder or under r'" trust created hereunder to a minor, or to a person otherwise under legal disability, or to a perso of adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical 's bility is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such amour~ts~ such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in an~ o~the following ways as he, she or they may deem best: ' ', 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for tl~e lbenefit of such beneficiary; ! ', 3. To a person having custody of such beneficiary for th~ b,~enefit of such beneficiary; ~ ', 4. By the fiduciary(ies) hereunder using such amounts directl~r t~ the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a ~rrl~ and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or a~p~ication. This paragraph shall be applicable to payments of income as well as principal. ', P. To employ agents, attorneys and proxies and to delegate to them ~uc power as my personal representatives and Trustee consider desirable and to pay reasonable com~ s$tion for such services as may be rendered by such agents, attorneys and proxies; i 'II .I. . Page 4 of 7 Pages Q. To conduct an inventory of any safe deposit box necessary to the ~d~hiinistration of my estate. R. To do all other acts in their judgment necessary or desirabl$ ~'or the proper management, investment and distribution of my Estate. ITEM EIGHT ~ PROTECTIVE PROVISIONS ' ~', All income or principal held for the use and benefit of the beneficiaries of ar}y st hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sae r transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or su j t to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachmen s, executions or sequestrations under process of law. !, ITEM NINE APPOINTMENT OF EXECUTOR AND TRUSTEE ~~ I nominate, constitute and appoint my son, DAVID R. THOMPSON, a~ xecutor of my estate. In the event that my said son shall predecease me or fail to act or continue t~O t as Executor, then I appoint my son, THOMAS G. THOMPSON, as Executor of my estate. In th event that my said son shall predecease me or fail to act or continue to act as Executor, then I app i t my daughter, SUSAN CAMPBELL, as Executrix of my estate. In the event my said daughter s all predecease me or fail to act or continue to act as Executor, then I appoint my son, DANIEL TI~OMPSON, as Executor of my estate. ', ', I nominate, constitute and appoint my son, DAVID R. THOMPSON, as T~u~tee of any trust created hereunder. In the event that my said son shall predecease me or fail to act or continue to act as Trustee, then I appoint my son, THOMAS G. THOMPSON, as successor Tru to . In the event that my said son shall predecease me or fail to act or continue to act as Trustee, 411 I appoint my daughter, SUSAN CAMPBELL, as successor Trustee. In the event my sad daughter shall predecease me or fail to act or continue to act as Trustee, then I appoint ~y son, DANIEL THOMPSON, as successor Trustee. ITEM TEN ' COMPENSATION OF EXECUTOR AND TRUSTEE ', My Executor and my Trustee, as well as their successors, may elect to~ eive a fair and reasonable compensation for the performance of their respective services )~ eunder, which compensation shall not be greater than the standard fees chazged for the perform ce of similaz services by corporate banking fiduciaries with offices in Cazlisle, Pennsylvania, ffect from time to time during the period over which such services are performed. ~I I' I'~ ~I ~I ~~ Page 5 of 7 Pages STEM ELEVEN WAVER OF BOND I direct that neither my Executor(rix) nor my Trustee shall be required to fine ajny bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be requlir d to obtain any order or approval of any court for the exercise, of any power or discretion set fordh ' this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this I ~ ~`~ day of ~~rcc,u,,`] , 2002. ~ II (J ,-. / vid I. ompson SIGNED, SEALED, PUBLISHED AND DECLARED by the above-nam~d ~'estator, as and ~~ for his Last Will and Testament, in the presence of us, who at his request, have he~e to subscribed our names as witnesses thereto, in the presence of the said Testator and of each ~th r. ~": ~' Page 6 of 7 Pages C COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, David I. Thompson, Testator, whose name is signed to the instrument, having been duly qualified according to law, do hereby acknov executed the instrument as my Last Will; that I signed it willingly; and that I voluntary act for the purposes therein expressed. ~.,, (^~ or foregoing C I signed and ~s my free and David I. Thompson ~ ~, app Sworn or affirmed to and acknowledged before me by David I. Thompson,; th~ Testator, this day of ~Z,drec~i r~ , 2002. ~ _ a~ COMMONWEALTH OF PENNSYLVANIA ) ~~~ ~• MYE SS. CerNale Boro. COUNTY OF CUMBERLAND ) ~~~ E ' We, ~ o1i n ~ ~y cylir- ~I;C and ,~~ cQ ~ . a the witnesses whose names are signed to the attached or foregom instrument, be' according to law, do depose and say that we were present and saw David I. Thomp sign and execute the instrument as his Last Will; that the Testator signed will' Testator executed it as his free and voluntary act for the purposes therein express in the hearing and sight of the Testator, signed the Will as witnesses; and that ~~ knowledge the Testator was at that time 18 or more years of age, of sound m constraint or undue influence. PubNc the Testator, and that the gat each of us, ie best of our and under no i ~ ~ ' Sworn or affirmed to and subscribed before me this ~~ day of f~~~~ ~~ , 2002. Page 7 of 7 Pages