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HomeMy WebLinkAbout06-20-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS .// . Estate of ~ V1 Q ~'}~ ~ S / ~ ~../ t~ {7 /1~ ~ ,Deceased a/k/a: a/k/a: a/k/a: ESTATE KO: 21- ~- ~tJ /~ Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: Q'A. Probate and Grant of Letters Testamentary or pAdministration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforement tined Letters under the last Will of the above-named Decedent, dated ~ '7 J~., N e z as `7 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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(g): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pendin divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S..A. § 3323(g~xcept as fol `°'vs: - ~ Q ~-~ Name Address hio to ,~~~ ~ USE ADDITIONAL SHEETS IF NECESSARY c ,..: THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland Coun~, Pennsylvania, with his/her last family or principal residence At .3~ ~ r ~L eS c1. I'YtC~ stn ~ cs u r ~ l'I'o~o (Street address with Post Office and Zip Code, unicipality: Township, Borough, City) Decedent, then ~ years of age, died ~~r Z~/ ~2 v io at ~RS~ f-Te ~ W S ba ra , ~cL , (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: 1 If domiciled in PA All personal property $ v If not domiciled in PA Personal property in Pennsylvania $ _If not domiciled in PA Personal property in County ~ $ _Value of Real Estate in Pennsylvania $ Total Estimated Value $ ~~L.awq Location of Real Estate in ~ennsylvania~(Provide full address if possible.) ~~ I ~S ctJ l4 ~ ra:, `~~r~ /,VC . ~i¢g~ bDYts , !/~ Signature(s) Name(s) & Mailing Address(es) ~ ate, ~~~ 3.~o rtes R.~.1'!~ tntenm corm Kw-uZ revised 12.26.10 by Cumberland County pending action by the Court Page l oft l !_T ~~.:7 ~. .. -~ -'-j- :-t"i ~~ ~. ~ ,.! OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 be me this ~ ~ ~~ d y of ~~~ the Register _ {.... _r f. ~~~d .D <.~'7 DECREE OF PROBATE AND GRANT OF LETTERS ._.____. Estate of l ~ / Q~ ~ /. ~ /l ,~~, Deceased File Number: 21- - AND NOW, thisG~~ day of , in consideration of the Petition on the reverse side hereon, satisfactory pro hav' g been presented before me, IT IS DECREED that Letters Testamentary of Adminis ation ~j/} are hereby granted to: -~- (It' applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) the above estate and that instruments(s) dated admitted to probate and filed of record as the last ill dicil(s) of described in the petition be enda Farner Strasbaugh, ~~ ` Register of Wills FEES: Letters ....................$ ~"~ Will ....................... . ~ Codicil(s) .............. . ( /~ Short Certificates ~ ( Renunciations....... - ~~ Bond ............................ Other ............................. ................................. Automation FEE......... 5.00 JCS FEE .................. 23.50 TOTAL ................ $ Atty's Signature PRINTED Name Supreme Court ID No.: Address: Phone: _ Fax: Signature of Counsel Required to Enter Appearance Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 ''jyy rr y 1 `..wry -y f---~~~nyyy RENUNCIATION :~ t~~ ~ V }... t Q - ~- `T- . .- ~^'^ REGI TER OF WILLS ~3 ~ ~:~' F^- '~' COUNTY, PENNSYLVANIA ~~ r-µ ~~ II a69~ Estate of d ~ v ~ S ,Deceased ~ I, ~ ~ 1~7 _, l;n my capacity/rclatl;onsh>!p as (Print Name) ~ ,~ ~ ~'-~ ~ of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to • c ~ ~ ~f (Date) ~"' (Signature) ~' (Street Address) w (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~ ~ ~~~ day ~~ r ~~~; ~~ ~. i~eputy for Register o W' 1 Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 C7 ::"'; ,. RENUNCIATION ~~ j-T.~ = ~ ~ ~ ~ ~ ~ r ~7 !` ~~ ~ ~-~~ ~~~ .~-~ c ~? REGISTER OF WILLS .~~ ° :-~ , ~~=~. . rn ~i~ ~ I'~ C`~COUNTY PENNSYLVANI ~ _ ..~ ~`' , A C" E ~) o S state of V~.~ IMGt 1 y ~ S (~ ~ ~ ,Deceased -~ (Print Name) ~. ~. V ~ in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to ~v~YIS ._.. 0 (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills (Si azure) ~~ (Street Address) (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purpos,~s ~,a~ted within on this i day of ~ , Notary Public My Commission Expires: ~~clrCi~ ~ 2, ~(1-{- (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) coMrioNVV~~r o~ ~NS~rw~wu Form RW-06 rev. 10.13.06 Meld ~~Y. ~Y Publk Marripden TWp., Cumberland County My 6cpkes Nlanfi 12, 2014 Member, Pennsylvania AssodaUon of Notaries . n --; RENUNCIATION ~ ~~ =~ ~~ ~, ~ REGISTER OF WILLS ~> ~~ Q ~ ~~ ~ ~~ g,,~.~,~.~~ ~~~~~ COUNTY PENNSYLVANIA c~ p ~? - ' '; : , , --~ ~ _ ~ . ~ -~ ~.._._ ._ _ ~.~ ~-- Estate of _ ~ {1 Gwl~ S ~' J !~' ~~~ ,Deceased I, Name) in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to y ~ _ // (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Form RW-06 rev. 10.13.06 ~~ ~ ~6•~~L~1Gc: CD l '' ., / ,, ~gnature) ~~r~ ~ ~ ~ 'r ~~?~ (Street Address) ~'~ cs , ~ ~~:~ I ~7c~~' ~ (City, State, Zrp) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunci t'on for the purposes stated within on this ~ day of , _ p ~~ Notary Public ` My Commission Expires: ~`~~~ ~~ ~~~ 1~ 1 ~- (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of'~lotary's Commission.) COMMQNWEAlTH OF PENNSYLVANJA Notarial: Seal Erk A. Hess, Notary Pubik Hampden Twp., Cumberland County MV Commission Expires July 20, 2014 Member. Pennsvivania Assodatlon of NotaHes RENUNCIATION ~...,r „~.», ...,. ~ ~ ~ ~'"'^ ~~rn ~ ~~~«~ ~ `~ ~ REGISTER OF WILLS COUNTY, PENNSYLVANIA -~ ~ ':ka3 V y/ ~~ ~V ~ ~~.... ~t .~ '~~~ ~?w -E ;:.Y.3 _ ~: 't ,`~~= t....-., ~.. Estate of T~o h- ~+ s -T. ,j ~•~ s ,Deceased I' -~'0=~--~~'~ ~ ~'~ ~"~~ s _, in my capacity/relationshi as (Print Name) p of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to i hv~~s s' ~oh,~s 6-~7-1~ (Dare) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Form RW-06 rev. 10.13.06 (Si to 1 ~© v~ ~1~ Y U 1~1° w ~~ (Street Address) I~. C C ~i ~4- ~ l C ~~ 13v,~ e, ~ ~ ~ 7d,~ r~ (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing thin renunciation and certified that he or she executed the renunciation for the purposes stated within on this rr.{ day of ~~/ ~ , - ,2 oJ/ Not ublic My ommission Expires: ~•is -/~ (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of'Votary's Commission.) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Judy Hoover, Notary Public Hampden Tvrp., C~~mberland County My Commission ~rpires Hpril 15, 2012 Member, Pennsva~~~niT~ ,Assnriation of Notaries LAST WILL AND TESTAMENT OF THOMAS T. JOHNS ~., C7 r-- ~-~ ~~ ~} ~) - ~: - ~ ~~ h ~ _ - T .s ~....._ ~ ~ i ~..+ r_. _... t f~" i p r.~. ~.° ~, ~__ --~ C,: P I, THOMAS T. JOHNS, now of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, do hereby mare, publish, and declare this to be my Last Will and Testament, hereby revoking and m.ak:ing null and void all prior Wills and Codicils made by me at any time heretofore. ITEM I. I direct that all my legally valid debts, funeral and administrative expenses, and debts incurred or payable because of my death,, shall be paid by my Executor, hereinafter named, from my residuary estate as soon after my death as practicable. All death taxes, including federal, state, and other death taxes, with respect to the property forming my gross estate for tax purposes, whethf;r or not passing under this Will, including any interest or penalty imposed thereon, ~chall be considered an expense of administration of my estate, without apportionment or right of reimbursement. Taxes on future interests may be prepaid. ITEM II. I give and bequeath certain items of tangiblE; personal property that are solely owned by me at the time of my death and that are identified in any separate writing directing distribution thereof after my death which is dated and is signed by me at the end thereof, to those persons designated in such separate writing who survive me. If any item of tangible personal property is identified in more than one separate writing, I 1 direct that, unless stated to the contrary, the separate writing bearing the last date shall govern the disposition of such item. ITEM III. I bequeath the household and personal effects, jewelry, automobiles, and other tangible personalty of like nature that are sc-lely owned by me at the time of my death, not otherwise disposed of above, subject, however, to the further custodian provisions contained herein if applicable, to all my children equally if they survive me by thirty (30) days; Provided, however, that if such a. child of mine does not so survive me, but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share such child of mine would have received ha.d they so survived me. My children are: NICHOLE and AMANDA JOHNS. Such property shall be divided by my said beneficiaries as they shall agree. As to those items upon which they shall not agree, distribution shall be determined by my Executor. ITEM IV. I give, devise and bequeath all of the residue c-f my estate, whether real, personal, or mixed, and wherever situate, including any property subject to any power of appointment which I may now have or hereafter acquire, subject, however, to the further custodian provisions contained herein if applicable, to ;all my children equally if they survive me by thirty (30) days; Provided, however, that i.f such a child of mine does not so survive me, but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share such child of mine would have received had they so survived me. My children are: NICHOLE and AMANDA JOHNS. If my children or 2 their descendents should fail to survive me, then this share shall. pass equally to my parents, THOMAS J. JOHNS and BLANCHE F. JOHNS. ITEM V. I hereby appoint, JEFFREY and TRACY EVANS QUALLS, acting together or separately, as the Custodian for any assets passing to any child who has not attained the age of twenty-one (21). In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisable in his or her exclusive discretion, to nominate and appoint, whether in advance while competent, or at the time of a renunciation or resignation, a person or persons to serve as such Custodian, which nomination shall be honored as if I had made such an appointment in this Will. Suclh (~ustodian shall serve pursuant to the provisions of the Uniform Transfers to Minors Act a.s in effect from time to time in the state where such beneficiary resides. ITEM VI. The interest of beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. ITEM VII. I hereby appoint JEFFREY and TRACY EVANS QUALLS, acting together or separately, to serve as co-executors _(the "Exec~atc-r"), of this, my Last Will and Testament. In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisable in his or her exclusive discretion, to nominate and appoint, whether in advance while competent, or at the time of a renunciation or resignation, a person or 3 persons to serve as such Executor, which nomination shall be honored as if I had made such an appointment in this Will. ITEM VIII. I direct that my Executor and Custodian shall not be required to give bond or post any other security for the faithful performance of duties in any jurisdiction. ITEM IX. My Executor and Custodian shall have the following powers in addition to those invested in them by law and by other provision; of my Will applicable to all property, whether principal of income, exercisable without Court approval, and effective until distribution of all property: A. To retain any investments I may have at my death so long as my Executor or Custodian may deem it advisable to my F;state or so to do. B. To vary investments, when deemed desirable by my Executor or Custodian, and to invest in such bonds, common trust funds controlled by my Executor or Custodian, stocks, notes, real estate mortgages, or other securities or in such other property, real or personal, as my Executor or Custodian deem wise, without being restricted to so- called legal investments. 4 C. In order to effect a division of the principal of my Estate or for any other purpose, including any final distribution, my Executor or Custodian is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. D. To sell either at public or private sale and upon such terms and conditions as my Executor or Custodian may deem advantageous to my Estate, any or all real or personal estate or interests therein owned by my Estate severally or in conjunction with other persons or acquired after my death by my Executor or Custodian, and to consumrriate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge, and deliver any and all deeds, assignments, options, or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon my Executor or Custodian in this paragraph or elsewhere in my Will. 5 E. To mortgage real estate, and to make leases of real estate for any period of time as is deemed reasonable by them. F. To borrow money from any party to pay indebtedness of mine, or of my Estate, expenses of administration, or inheritance, legacy, estate or other taxes. G. To pay all costs, taxes, expenses, and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. H. To vote any shares of stock which form a part of my Estate, and to otherwise exercise all the powers incident to the ov~mership of such stock. I. In the discretion of my Executor or Custodian, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my Estate. J. To compromise claims and to abandon any ;property which, in my Executor's opinion, is of little or no value. 6 K. To manage or continue any business that I may own or be entitled to so act in such capacity. ITEM X. Any person who shall have died at the sa:mE; time as me, or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. ITEM XI. I hereby appoint, JEFFREY and TRACY EVANS QUALLS, acting together or separately, to serve as the Guardian of any minor children in the event that I am so entitled to appoint such a Guardian of the Person. In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisablf; i~l his or her exclusive discretion, to nominate and appoint, whether in advance while co~m:petent, or at the time of a renunciation or resignation, a person or persons to serve as such Guardian, which nomination shall be honored as if I had made such an appointment in this Will. IN WITNESS WHEREOF, I have hereunto set my hand and. seal to this my Last Will and Testament, consisting of seven (7) typewritten pages, thhis day of June, 2007. /3 ~''~ i THOMAS T. J( NS We, the undersigned, hereby certify that the foregoing V~Jill was signed, sealed, published and declared by the above-named Testator, THOMAS T. JOHNS , as and for his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each. other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. .~ ~~ residing at ~ 1 residing at l'~~~ ~% / 7/ U/ ,v ~5~. i~/d / COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS.: We, the Testator, THO S T. ~ .,JOHNS, and L.S~~~•-y l.,-~-~'r~.,,o~i° and ~ the witnesses, respectively, whose names are signed to the fo egoin ;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, and that he executed it as his free and voluntary act for the purposes therein e-xpressed, 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 his/her knowledge the Testator was at that: time eighteen years of age or older, of sound mind and under no constraint or undu influence. - /, Y J ~.. Y/- ~- f THOMAS .JOHNS ~L~ ne;~s Witne;~s Subscribed, sworn to and acknowledged before me by the Testator, THOMAS T. JOHN and subscribed nd svworn to before me by ~S~7 P``~ /~ and ,witnesses, this _ ay o June, 2007. otary Public (SEAL) [148101.1] COMMONWEALTH OF PENNSYLVANIA Notarial Seal S-haror~ H. Simcizen, Notary Public C 0f Harrisburg, Dauphin County My ommission Expires Oct. 21, 2008