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HomeMy WebLinkAbout01-22-14 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof averts)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: JOHN H.JAKOMAS File No:,9 — I1—(-00 7S a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 12/24/2013 Age at death: 75 Decedent was domiciled at death in CUMBERLAND 1L�1 County, PA (State)with his/her last principal residence at 2011 \ Yi -NtyrftrtlTr .� 1,.r�� /?Lys. gI6RR-r— Ctaslz�� Street address,Post Office and Zip Code Pf/' '41 /4G//p(c 1&ry,Township or Borough County Decedent died at 201 Beetem Hollow Rd, 17241 Newville Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: /y If domiciled in Pennsyl vania.. .... .... ...... ... ....... .. All personal property - $ 0 Q .00 If not domiciled in Pennsylvania. ................... .. .. Personal property in Pennsylvania $ If not domiciled in Pennsy lvania. ........ . .. ... ....... .. Personal property in County $ Value of real estate in Pe nnsylvania.......... .... .. ...... .. ...... . ........... ......... . . .... $ TOTAL ESTIMATED VALUE. ... $ y Real estate in Pennsylvania situated at, (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executorts)named in the last Will of the Decedent,dated 10/17/2013 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS O EXCEPTIONS ® B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,d.b.n., d.b.n.c.t.a.,pendente life,durance absentia,durante minoritate 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. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. O NO EXCEPTIONS O EXCEPTIONS Petitioner(s),after a proper search hasihave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,ifnecessary): Name Relationship dress -z= ;:0 m v C C) 0 nnrm rNV rnra tU C C t" ti f" N � Form RW-02 rev.1011112011 Page I of 2 Oath of Personal Representative official Use only COMMONWEALTH OF PENNSYLVANIA } } SS: RECORDED OFFICE OF COUNTY OF Cumberland } WILLS LS Petitioners)Printed Name Pefitioner(s)P,ri ted d e , it Belinda Ewing 201 Beetem Hollow Rd.,Ncwville PA 17241 CLERK OF "Ut HIASERLAAP GO The Petitioner(s)above-named swear(s)or affirm(s)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 ent,the Patina Ss)will well and truly administer the estate acco ding to law. Sworn to or affirmed a d subscribed before A Date Z met s day of Q r Date By: Date For the Register Date BOND Required: ® YES GO To the Register of Wills: FEES: nn`!�` Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ l V Attorne Signature: Short Certificate(s). . . . . . Z5 ( )Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . ( ) Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Karl E.Rominger,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 81924 wvtl . . . . . . . . 15 15 Firm Name: Rominger&Associates f�111N5'l . . . . . . . . I S Address: 155 South Hanover Street Carlisle PA 17013 . . . . . . Phone: 717-241-6070 Automation Fee. . . . . . . . . . . . . . . sJ"l Fax: 717-241-6878 JCS Fee. . . . . . ... . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $1.N✓5 e-"0 DECREE OF THE REGISTER Estate of JOHN H.JAKOMAS File No: 2I - i L4 _Cs 0 7 S a/k/a: AND NOW, a in consideration�'of"xa t the foregoing Petition, satisfactory proof having been pre rated before me, IT IS DECREED that Letters a3 y-f u tl A.Ep t1/ are hereby granted to in e above estate and (if applicable)that the instrument(s)dated 14 117 2CI I described in the Petition be ad,mitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Register of Wills Form RW-02 rev. 10111/2011 Page 2 of 2 RECORDED OFFICE OP- REGISTER OF Vf'ILLS ilhIN 22 PM 4 13 LAST WILL & TESTAMENT CLERK OF OF ORPHANS' COURT JOHN H. JAKOMAS CUMBERLAND CO., PA, 1, John H. Jakomas, of 2507 South Ocean Boulevard, North Myrtle Beach, Horry County, South Carolina,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. FUNERAL EXPENSES FIRST: The expenses of my last illness and funeral shall be paid from the property of my estate. I direct my Executor to provide for a funeral service in conformity with my station of life. PAYMENT OF DEATH TAX SECOND: I direct that all taxes that may be assessed in consequence of my death, of whatever nature, and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of administration of my estate. PERSONAL PROPERTY THIRD: I bequeath those items of my household furnishings,personal effects,and personal property as I may set forth in a separate signed memorandum to the persons named in that memorandum. I direct my personal representative to divide among such beneficiaries all personal property of a sentimental or family nature(excluding cash, stocks,bonds and the like),including but LAST WILL AND TESTAMENT OF JOHN H. JAKOMAS 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, 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 personal representative,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. DISTRIBUTION OF RESIDUE FOURTH: I give the rest of my estate to my children, John A. Jakomas, Donald Adams, Belinda Ewing, and Susan Malcolm, equally,provided that the share of any child who predeceases me or dies on or before the thirtieth day following my death shall be distributed to his or her issue, per stirpes, living on the thirty-first day following my death, and in default of any such then-living issue, such share shall be added to the share or shares for my other children. The share of John A. Jakomas is to be held in Trust and administered for his benefit by Belinda Ewing and Susan Malcolm. BEQUESTS FIFTH: I give the indicated amounts or items to the following individuals who survive me: (a) To John A. Jakomas, son, the car that I own at the time of my death. (b) To Christine Erickson, step-daughter,the amount of One Hundred($100.00)Dollars. LAST WILL AND TESTAMENT OF JOHN H. JAKOMAS (c) To Debra Yeager, step-daughter, the amount of One Thousand ($1,000.00)Dollars. If any beneficiary shall not survive me, then the gift to such beneficiary shall lapse and be distributed as part of my residuary estate. PROTECTION OF BENEFICIARIES (Spendthrift Provision) SIXTH: No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. POWERS OF EXECUTOR/RIX SEVENTH: I confer upon my Executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner,and for such price or prices, and upon such terms and conditions as my Executor shall determine, and to execute and deliver good and sufficient conveyances,assignments and transfers thereof,without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof;to retain any investments at discretion;to invest and reinvest at discretion,without restriction to so-called"legal investments;"to make distribution in cash or in kind; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. APPOINTMENT OF GUARDIAN OF ESTATES OF MINORS EIGHTH: I appoint my Executor as Guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my Will and to use it for the minor's health, LAST WILL AND TESTAMENT OF JOHN H. JAKOMAS maintenance, support and education, either directly or by payment to any person selected by my Executor to disburse it whose receipt shall be a complete acquittance. Guardian may,in discharge of all the guardian's duties,pay any minor's share deemed impractical of administration to the parent or other person in charge of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My Executor as Guardian shall have the same powers as my Executor, and shall serve without bond. APPOINTMENT OF EXECUTRIX NINTH: I appoint Belinda Ewing, Executrix of my Will. If Belinda Ewing is unable or unwilling to qualify as Executrix or having qualified is unable or unwilling to act, I then appoint Susan Malcolm, as Executrix hereof. I direct that my Executrix shall not be required to furnish security in any jurisdiction. INTERCHANGEABILITY OF LANGUAGE TENTH: Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. HEADINGS ELEVENTH: The headings used on the various paragraphs of this Will are included for convenience only and shall have no legal significance. I hereby declare it to be my express desire that my personal representative employ the law firm of Rominger and Associates, of Cumberland County, Pennsylvania, for legal advice and LAST WILL AND TESTAMENT OF JOHN H. JAKOMAS 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. Any mention of Rominger and Associates in this, my Last Will and Testament, is my free and voluntary act and through no influence by any person. IN WITNESS WHEREOF,I have hereunto set my hand to this my Last Will and Testament this 44dayof-6 0013 WITNESS: I l LZ Job Ja coma LAST WILL AND TESTAMENT OF JOHN H. JAKOMAS ACKNOWLEDGMENT and AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I, John H. Jakomas the testator in, and �lN E l�� y 1.5 and AL)0 AEV L. MDU R.6 ,the witnesses to the Last Will,the attached foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: (a) that I,the testator,do hereby acknowledge that I signed and executed the instrument as my Last Will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testator sign and execute the instrument as his Last Will,that he signed it willingly and executed it as his free and voluntary act for the purposes there expressed;that each of us in the hearing and sign of the testator signed the Will as a witness and that to the best of our knowledge the testator/testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. 7 John Jakomas, T "tator Witnes fitness No ry Public MMONWEALTH OF PENNSYLVANIA Notarial Seal Susan K Guyer,Notary Public Cafte Bono,Cumbenane County My CmnMWM Sept.4,2015 MEMaER,PENNSYLVANLI ASSOCtA7tIN1 UP N07ARES