HomeMy WebLinkAbout11-26-14 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 aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information } + r.
Name: Chervle B.Yanes File No: �� �LL"( ��� " 1 l 1 �
�a: (Assigned by Register)
a/k/a:
a/k/a; Social Security No:
Date of Death: November 23.2014 Age at death: 66
Decedent was domiciled at death in Cumberland County, Pennsvlvania (Srare)with his/her last
principal residence at 120 Rustic Drive Shinnensbure PA 17257 Southamnton Townshin Cumberland
Street address,Post O�ce and Zip Code City,Township or Boroug6 County
Decedent died at Chambersbure Hosnital 112 North 7th Street Chambersbura PA 1�201 Chambersbura Boro Franklin PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................ All personal property $ 100,000.00
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ n nn
If not domiciled in Pennsylvania. ....................... Personal property in County $ 0.00
Value of real estate in Pennsylvania......................................................... $ 0_00
TOTAL ESTIMATED VALUE. ... $ 100.000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentary
Petirioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will of the Decedent,dated September 3,2014 and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,et�)
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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS O EXCEPTIONS
0 B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complet�list of�
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the groun�famdivorce h�a l bee�,e,��,t�lished as defined
in 23 Pa.C.S.§3323(g)and was neither the vicrim of a killing nor ever adjudicated an incapacita�pe�on. � �n �.;-�
Q NO EXCEPTIONS Q EXCEPTIONS � �� �=-- �� � ,-:t
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Peririoner(s),after a proper seazch has/have ascertained that Decedent left no Will and was survived by the�qllowing pouse(if any�,and heirs(attach
additional sheets,if necessary): •-�7 -i;
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Name Relationshi =Address � � `��
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Form RW-02 .�.loi»i2oi� Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
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COUNTY OF CUMBERLAND }
Petirioner(s)Printed Name Petitioner(s)Printed Address
Thomas P.Gleason 49 West Oran e Street Suite 3 Shi ensbur PA 17257
T'he Peririoner(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 Representarive(s)of the Dec ent,the Pe'rioner(s ' well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before Date �(f�.s I��-�-(
me this� �°�day of I_ , ; l`I Date
By:���l;i,f :1��1.0�( -� _ ?l•i��i r,`�. -�. Date
For the Register �' Date
BOND Required: � YES 0 NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
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Letters . . . . . . . . . . . . . . . . . . . . . . $ ���-' 'l' � Attorney Signature:
( ( ('� )Short Certificate(s). . . . . . >l•�Z`
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Thomas P.Gleason,Esquire
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 82259
i�tia��- i� " L\. . . . . . . 1�--�.�(:,
%�� ► ( '-�.F(; Firm Name: Law Office of Thomas P.Gleason
��, . . . . . . . Address: 49 We�t nrang�Street,Suite 3 �_�_
. . . . . . . . �rn,�nPnch�irg,�7 ~= �''���7—
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. . . . . . . -T,,�„�_-;—T-�
. . . . . . Phone: 717-532-3270 ` ' �� `�`' � � ,��
. . , . _�:, �..��
Automation Fee. . . . . . . . . . . . . . . ' .:5�� Fax: 717-532-6673 . rri ,4µ;
JCS Fee. . . . . . . . . . . . . . . . . . . . . � � Email: gl�acnnc leacnr4Tatw-c�m
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TOTAL. . . . . . . . . . . . . . . . . . . . . $ �i'-�-•'S.. :$.6� --r-;
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DECREE OF THE REGISTER = ; `� ' � `"
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Estate of Chervle B Yanes File No: �� "—�'�` (
a/k/a:
AND NOW, ������ �V�(l��t��,��� �.%� ,�;2��-�-�--° in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentarv
are hereby granted to Thomas P.Gieason
in the above estate and(if applicable)that
the instrument(s)dated September 3 2014 _
.
described in the Petition be admitted to probate and filed of rec d as the last Will(and Codicil(s})of Decedent,
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Register of Wills ��' j ° j, �, '
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Form RW-02 T�.�oii�izo» ' � _-..-�l ��ZP ge 2 of 2
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LAST WILL AND TESTAMENT ._,�; �
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CHER YLE B. YANES "� `'
KNOW ALL MEN BY THESE PRESENTS,that I, CHERYLE B. YANES, of Shippensburg,
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 all prior wills and codicils.
ARTICLE I
DISPOSITION OF REMAINS
I direct that I be cremated, without ceremony, and that my ashes be forwarded to Holly Moore,
of Kuna, Idaho, for scattering at Smith Falls, Idaho (near the Canadian border).
ARTICLE II
EXPENSES AND TAXES
I direct the payment of all my legal debts, cost of cremation and shipping of my ashes, my
federal estate and state inheritance taxes together with cost of administration of my estate, as
soon as may be conveniently done following my decease. I further direct that all taxes that may
be assessed as a result of my death, of whatever nature and by whatever jurisdiction imposed,
shall be paid as part of the expense of the administration of my estate.
ARTICLE III
APPOINTMENT OF EXECUTOR
I nominate and appoint Thomas P. Gleason, Esquire, as Executor of my Estate. If Thomas P.
Gleason is unable to serve for any reason, I appoint PNC Bank as Executor of my Estate. I
request that my Executor or any successor in such capacity shall not be required to file bond or
enter security in any jurisdiction.
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ARTICLE IV
SPECIFIC BEQUESTS
I give, devise and bequeath to the following individuals, in the order listed below as follows:
1. I give my dog, Thumper, to Cheryl Weaver of 290 Airport Road, Shippensburg, PA,to
find a suitable home for Thumper for the remainder of his life. I also direct that the sum
of$5,000.00 be given to Cheryl Weaver so that she may take a fee for her service, with
the balance to the individual who adopts Thumper to cover the cost of his care.
2. To my granddaughter, Lenna Shea Yanes, I leave the following personal property:
a. My grandmother's china(Lenna's great, great grandmother), which was given to
Julia Karpinski Goldowski on the occasion of her wedding in 1916.
b. The following jewelry: ladies ring containing 3.9 carat Tanzanite with pear-cut and
round diamonds on shoulders; ladies ring containing 6.0 Smokey Quartz with round-
cut diamond (the first piece of"real"jewelry I owned); Smokey Quartz and diamond
pendant; and gold nugget bracelet.
c. One 2000 hand-painted silver dollar and one 1979 One Dollar silver coin.
d. The "Favorite Recipes from Our Best Cooks" originally compiled by the Greenwood
Elementary School back in the 1950's and which contains much more than good
recipes. This was given to me by my paternal grandmother, Ainnia Cunningham
Blair.
3. To my granddaughter, Keely Camille Yanes, I leave the following personal property:
a. My mother's (Keely's great grandmother, Frances Estelle Blair) sterling and crystal
necklace (circa. 1930s).
�. The follawirig jzw�iry: ladies ring containing 3 carat canary yellow sapphire with 13
round diamonds on shoulder; ladies ring containing 2.5 carat Tanzanite with 8 round
diamonds on shoulders; ladies ring containing 1.25 carat emerald set with 12 round-
cut diamonds and 12 princess-cut emeralds.
c. One 2000 hand-painted silver dollar and one 1979 One Dollar silver coin.
4. To my grandson, Zachary John Yanes, I leave the following personal property:
a. My leather-bound book collection of classic literature.
b. The pink Quartz book ends.
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c. One 2000 hand-painted silver dollar and one 1979 One Dollar silver coin.
d. The sum of Fifteen ($15,000.00) Dollars to equate to the value of jewelry bequeathed
to his siblings.
5. To my grandson, Harley Ray Yanes, of the Navajo Nation in Arizona, I leave the
following personal property:
a. The Warrior and Wolves bust.
b. The "Wolf Song"print.
c. The "Painted Pony" statuette purchased during our trip in 2009.
d. One 2000 hand-painted silver dollar.
e. I have intentionally and specifically omitted any monetary bequests believing that it
would only be used for alcohol and drugs.
6. To Diamond Storm Knight, the brother of my grandson Harley, also of the Navajo
Nation, I leave the following personal property:
a. The antique Indians-in-Canoe bookends.
b. The set of leather-bound Louis L'Amour books (if he wants them and it costs no
more than $350.00 for shipment - I leave the discretion of this charge to my
Executor).
c. The blue horse-head bust purchased during our trip in 2009.
d. I have intentionally and specifically omitted any monetary bequests believing that it
would only be used for alcohol and drugs.
7. To my son, Frank Dominic Yanes, I leave the wooden cannon he rode on (and broke) as a
child; the original oil painting of the "Black-Sailed Spanish Galleon" which his father
had commissioned for my 21 St birthday; the brass-framed silkscreen entitled "Me and My
Shadow", created by Helen Whitney (a 69-year-old friend at the time it was made); the
"Personal Memoirs of Ulysses S. Grant" and the "Personal Memoirs ofJulia Dent
Grant"; as well as any family pictures he may choose.
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8. Due to the unwavering trust I had placed in my son's wife, Colleen Miksovsky Yanes,
having put her name on my bank accounts and properties, and the ultimate betrayal of
that trust when, between 2004 and 2007, she stole in excess of Two Hundred Thirty-Five
Thousand ($235,000.00) Dollars in cash, assets and rents from me (going so far as to
have tenants pay their rents in cash in order to avoid having to deposit tenant's checks
[my income] in my account, and my son's ultimate collusion in same), my son (Frank),
his wife (Colleen) and their issue (Zachary, Lenna and Keely) are intentionally and
specifically excluded from sharing in any further property or cash distributions beyond
that set forth above.
9. To my friend, Holly Moore, I leave the following jewelry: ladies ring containing 1.25
carat Sapphire set with 12 round-cut diamonds and 12 princess-cut tsavarite stones (my
favorite "everyday" ring); ladies ring containing 7 clustered opals; ebony and diamond
sailboat pendant; Movado ebony and diamond wristwatch; and the turquoise and silver
necklace and earrings given me by Harley and Diamond's other grandmother.
10. To my friend, Janet Latoa, of Greeley, Colorado, I leave the sum of Forty Thousand
($40,000.00) Dollars. If she should fail to survive me, this bequest shall pass to her son,
Eric "Ricky" Davis, of Greeley, Colorado. If he should also fail to survive me, this
bequest shall revert to the residue of my Estate.
11. I direct that a copy of this Last Will and Testament be delivered to Zachary John Yanes,
Lenna Shea Yanes and Keely Camille Yanes at the time of the distribution of their
respective bequests so that they understand why I was never a part of their lives and why
only limited heirlooms pass to them and the bulk of my estate has gone to those with
whom I shared mutual love, respect and regard.
12. I direct that any beneficiary receiving under this Will who lives in York, Adams,
Cumberland or Franklin County, Pennsylvania contact my Executor to make
arrangements to pick-up their bequests at his convenience and the place of his choosing.
ARTICLE V
DISPOSITION OF RESIDUARY ESTATE
I give, devise and bequeath the rest, residue and remainder of my estate to my friend, Holly
Moore, of Kuna, Idaho.
4
ARTICLE VI
POWERS OF THE EXECUTOR
In addition to the powers given by law or by other provisions of my Will, my Executor shall
have the following powers, which he may exercise as often as considered advisable, and until
final distribution, without having to seek or obtain approval from any court:
a. To retain any property comprising a part of my Estate, and to retain and to invest
all forms of real and personal property.
b. To sell at public or private sale, to grant options on, to exchange, or otherwise to
dispose of any property.
c. To repair, alter, subdivide, or improve any property.
d. To compromise, or submit to arbitration, any claims, including any arising as a
result of my death.
e. To renew, or to extend the time for a debtor to pay any obligation.
£ To receive, hold, maintain, administer, collect, invest and re-invest Estate assets
and collect and apply the income, profits, and principal of the Estate in
accordance with the terms of this instrument.
g. To compromise, settle, or abandon claims in favor of or against the Estate.
h. To employ or compensate counsel and other persons deemed necessary for proper
administration of the Estate and to delegate authority when such delegation is
advantageous to the Estate.
i. To make division or distribution in money or kind, or partly in either, including
disproportionate in-kind distributions, at values to be determined by the
Executrix, and her judgment in such respect shall be binding upon all interested
parties.
j. To bind the Estate by contracts or agreements without assuming individual
liability for such contracts.
ARTICLE VII
SURVIVAL & SIMULTANEOUS DEATH
For all purposes of this Will, a person shall not be considered to survive me or another if he or
she shall die within thirty (30) days after my death.
ARTICLE VIII
EXCULPATORY PROVISION
My Executor shall not be liable for any act done or omitted to be done in good faith or for any
loss to or diminution of my Estate unless caused by willful malfeasance or default; nor shall any
Executrix hereunder be liable for the act or omission of any other Executor or Administrator
hereunder. No interest shall be payable on any legacy or bequest hereunder, regardless of statute
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or court rule, and regardless of when such legacy or bequest is paid, so long as my Executor acts
in good faith in making such payment or distribution.
IN WITNESS WHEREOF, I, Cheryle B. Yanes, do hereby declare that I sign and execute this
instrument as my Last Will and Testament, that I sign it in the presence of each of the said
witnesses, and as my free and voluntary act, this ��:r�. day of September, 2014.
C. � '� `� �- _�,.
Cheryle B. Y nes '
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In our presence, Cheryle B. Yanes, signed this instrument and declared it to be her Will, and we,
at her request, in her presence, and in the presence of each other, have signed it as witnesses.
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Kelly S. Baker Thomas P. Gleason
1519 Mainsville Road 95 Airport Road
Shippensburg, PA 17257 Shippensburg, PA 17257
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COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND .
I, Cheryle B. Yanes, the Testatrix whose name is signed to the attached or forgoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for
the purposes therein expressed.
We, the undersigned witnesses, whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and saw the
Testatrix sign and execute the instrument as hers last Will; that the Testatrix signed willingly and
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 Will as a witness; and that to the best
of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound
mind, and under no constraint or undue influence.
Sworn to or affirmed and acknowledged before me by Cheryle B. Yanes, the Testatrix, and
sworn to or affirmed nd s bscribed to before me by Kelly S. Baker and Thomas P. Gleason,
witnesses, this �L� day of September, 2014
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`�—t�-�-`�-L L_ t �; C�,�C� ,
Cheryle B. �' es ;
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Kelly �. Baker
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Thomas P. Gleason
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Notary Publi
NOTARtAL SEAL
CNRISSY A ZUKAUCKAS
SOUTHAMPTON NTWPr�UMBERLAND CQUNTY
MY Commission Explres Ma,•,;; , ,,�
7
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
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,�'� ��� e�,p No. 2014- 01 �28 PA No. 2�- 14- � �28
J� � Es ta te Of: CHERYLE B YANES
O D �Z lFirst,Middle,Last)
V �
� Late Of: SOU,HAMPTON TOWNSHIP
�
CUMBERLAND COUNTY
Deceased
Social Security No:
7750
WHEREAS, on the 26th day of November 2014 an instrument dated
S.eptember 3rd 2014 was admitted to probate as the last will of
CHERYLE B YANES
(Fiist Middle,Lastl
late of SOUTHAMPTON TOWNSH/P, CUMBERLAND County,
who died on the 23rd day of November 2014 and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
THOMAS P GLEASON
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 26th day of November 201.4. .
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)