Loading...
HomeMy WebLinkAbout07-17-15 PETITION FOR GRA:VT OF LETTERS REGISTER OF WILLS OP CUMBERLAND COUNLY,PENNSYLVANIA Pctitioncc(s) named bclow, who is/are l8 ycars of ege o� oldeq apply(ics) for Lettere es specified bclow, and in support thereof avee(s)the following and respeetfuLly reyues[(s)the gcant of Le[ters in the appcopciate fortn: DecedenPs Iuformafion �r �� N��i1� Namc: Atha G.Jones Filc No: �1 ��I 7 �a. (Assigned by Register) a'lu'a: a'k�'a: Social Security�'o: 208-242369 Date of Death: June 1 2015 Age at dca[h: 84 Decedent was domicilcd at death iu Cumbedand County, Pennsvlvania (Smre)with his/her last principal residcnce at 197 Gilbert Road Shiooensburq PA 17257 Southamoton Cumberland Slm[atltlreqPov[OilleemtlLipCotls City,TownsWpurNoraugM1 Couory Decedent dicd at Green Ritloe Vllaae Newville PA 17241 West Pennsboro Townsh�o Cumberland PA _ so-aa.aa�..a e�.�om�e.�a za coae c�y,ro�oswo o�no.o�gn co�ob sr.a 8stimnm of value of decedenfs pmpeny at deutM1: lldomki�ed in Pen�vylvartia......_...... ....... ....... elll persunal OmP�Y S 50.000.00 /fnoldo�niciledinPennsy(vania. ...._..... ...... ...... PenunalProPetlyinPennsYlvenia $ 0.00 lfnotdomiciledinPennsyfvania. ................ ....... PersonnlproOertYinCounry S 0.00 Vaheofredesm�rinPen yfvania......................................_................. 5 100000.00 TOTAL ESTIMATED VALUE. ... $ 150 000.00 Real estate in Pemsylvanis siwamd ac 197 Gilbert Road Sh'oDensburq PA 17257 Southamoton Cumbetland (AtmchrddinonalsM1eets,Jnecee'sary) S[ree[atlUress.Po�[U(11ce�vtlLipCode City�TownshiporBorough Comty � A. P CYon f r Prob tc a d Cran[of Le[tera Tes[amen[arv Peti[ioner(s)aver(s)he/she/Ney is�are lhe Exmumqe)nemed iv�he las�W tll af the Dccedrnt,dated 07/23/2014 and Codicil(s) therato dared Sbte velevent cir[umshneu(�g,rmundalioq dea(F ofecauror.efe/ Exceptesfullows:nfler�heexmutiono(theinstrumrnt(s)ofteredforprubateDecedrntdidnotmarry,wasmtdivurced,wasm[aperly�oa0ending divorcc O��eeding whemin tLe grounds fur divoroe had been es�ablished as def nrA in 23 Pa.C.S.§3323(g),and did mc have a child bom or adopred;and Decedent wss neither Ne vic�im of a killing nor evn adjudicxted an incapacitated person. QNOEXCEPilONS ❑E%CEPTIONS ❑ B. Petition for Grant of Lel[ere of Admiuis[ratiou Qfapplicable) c.l.a.d bn.,db n c.t.a.,➢endevte IIte,durante absan(ia,duravle minonmte If Administratioo,c.t.a. or d.b.n.c.t.a.,en[er date ot W'll'n SecCon A above and completc liat o[heire. Except as follows: Daedent was not a parly�o a pending divorce Oroceeding wherein[he grounds for diwrw.h�d been establishrA as defined in 23 Pa C.S.§3323(y)and was nei�her the vic[vn uf a killing nor ever wljudicared an incapacitat�penurt � _ � ❑NOEXCEPTIONS �EXCEPTIONS - f ��� ��— Pecitiomo(s),afterapropersearcA M1as/haveasecrtefned lM1atDecedrnt leR w W ill and was survived,b�����oedn�ousehfsd}9 avd helrs(atlach addiriana(sheets �Jnecessary): - - � Name Relationahi �'Addreas .� �:�� -���. � - ca ._ r.� ' o S F�,mxw-0z .e�-ro-u-?on Page l of2 Oath of Personal Representative o�aai us�aoy COMMONWEALTHOh'PENNSYLVANIA j J SS: COUNTY OF CIImbEdBnd } Petifianer(s)Pnu�ed Nema Petitioner(s)Privted Addeus Kevin Nehf 38 Scrafford Street, Shippensburg, PA 17257 "1'he Pefifiover(s)abwavemed sweai(s)or attirm(s)the statemwts in lhe foreguing Puitio�are truc and uortcvt lo Ne bes�ofthe knowlrAge and belief of Pefinover(s)and that xs Persoval Rep�aeanta�ive(s)of tM1e Decedeoq the PUitioner(s)will well and vuly edminis�er the estate acro�dSng�o law. Swom to or affirmcd and subscribcd bcfore �-7/L'� Dam j�ot � me t is �'day o I .'�r Dam 4 , Date By: Datc For the Reyie'fe. BOIVDRequired:�YES �NO TofFeRegisre�ofWills: FEES: ) Please enter my appeoravice by my sigoa[ure belaw: Letters... . . . . . . . . .. . .. . . . . . . $ .y�t y��� AtmmeY SignaNre: ( �(� )ShmtCe�tifioare(e)_._ . �f L`7. Ci , ('� �� ( )Renuncia�ion(s)_..... . . �{���;�� ( )Codicil(s). . . . .. .. . . ... � )pffdaviqs).. _ . . . _.. . p,�o�ed rvame: Thomas P Gleason Esau re Bond... . . . . . . . . . . . . . .. .. . . . . Cammissioa . . . .. . . . . . . . . . . .. Supreme Court Other . . . . . . .. ID Number: 82259 ���� � . K �� . . . . � (S.f. . Firm Nn..�e: Law Offce of Thomas P. Gleason --���a • . . , , . � � t �-' nddre�s: 49 Wes[Oranqe Street - Shippensburq PA 17F,�7 � . „ 0 i � . . . . . . . . Phone: 717-532-3270 ��. � � � ��� �� A mmxi on Fee. . . . . Fax- 717-532-6673 105 Fee . . . . . . . . . . . S� Cmail: 1 I (a�t 1 s �1aw com^ _ . , , - 'n TOTAL . .. . . . . . . . . . . $�___� .. _". . W f:l DECREE OF THE REGISTER � �, o � , Es�ate of Atha G.Jones File No:���- 7� ���O�S� a/k/a: ANDNOW, I� ���� li� � .Kf {� G , ��� i� _ . 7 in consideration oCthe fomgoing Petition, satisfactory proof having been rese� [eA befoce me,IT IS DECBEED that Letters Testamentary are hereby grantcd to Kevin Nehf iu the above estate and(if applicable)tha[ the instrucnent(s)dated Jul 23, 2014 described in the Petitiou be admitted [o probate aud filed oP re b�as the lastq Will,f�nd Codicil(s)) of Deeedent. ; ;9C' 'l �1�kllc �l1 R isterofWillsL��( �. ��(���'� '�� t�o,m xw-oa .a�.iau:zou Page 2 of 2 � �, -� � = <> �_ ��� � _ ^� �� � � � -�, � � -� � ; ;> �.� , LAST WILL AND TESTAMENT �., `; <> S ,i OF ATHA G. JONES XNOWALL MEN BYTHESE PRESENTS,tha[ I, ATHA G. JONES, of Shippensburg, Pennsylvania, being of sound and disposing mind, memory and understanding,do make, publish and declare this to be my Last Will and Testaznent, hereby �evoking all prio�wills and codicils. ARTICLE I EXPENSES AND TAXF.S I direct the payment of all my legal debts, b�rial expenses, including my grave marker, my federal estate and state inheritance taxes togc[her with cost of administration of my estate,as soon as may be comeniently done following my dccease. I further dicect that all ta�es that may bc assessed as a result of my dea[h, of whatever nature and by whateverjurisdiction imposed, shall be paid as part of the expense of the adminis�ration of my estate leaving all bequests free of tax to the Icgatees. ARTICLE II APPOINTMENT OF EXECUTOR I nominate and appoinl Kevin Nehf as Executor of my Estate. If Kevi�Nehf is �nable to serve Cot'any reason, I nominate and appoin[ Randolph C. Smith as Cxecutor oC my Estate. I request that my Executor or a�y successo� in such capaeiry shall not be requiced to file bond or enter security in anyjurisdiction. ARTICLF, III SPECIFIC BEOUESTS I give, devise and bequeath the Civil War Discharge Certificate of W illiam H. Gilbert to the Shippensb�rg Historical Sociery. If the Shippensburg I Iistorical Soeiety is unable to accept the eertificate, then I give, devise and bequeath it to the Cumbedand County Historical Museum, or its successors. 1 ARTICLEIV DISPOSITION OF RESIDUARY ESTATE I direct that the rest, �esidue, and remainder of my Estate, of every natuce and wherever situate, be sold and the net proceeds of the sale be divided as follows: a. I give, devise and bequeath ten Q 0°/o) percent of my estate to the Memorial Lutheran Church of Shippensburg Cumberland Counry, Pennsylvania. b. I give, devise and bequeath ten (10%)percent of my estate to the Cleversburg United Methodist Church. a [give, devise and beyueath ten Q 0%) percent of my estate to Kenneth Nehf, 5�., pec stirpes. d. I give,devise and bequcath five(5%) percent of my estate to Robin Nehf, per stirpes. e. I give, devise and bequeath ten (70%) percent of my estate to Kevin Nehf, per stirpes. f. I givc, devise and bequeath five (5%) percent of my estate to Randolph C. Smith, per stirpes. g. I give, devise and bequeath ten Q 0%) percent of my estate to be divided equally amon� the Vigilant Hose Compariy, the Cumberland Valley Hose Company No. 2 and the Wes[ End Fire and Reswe Company. all of Shippensburg, Pennsylvania. h. I give, devise and bequeath the remaining forty (40%)percent of my estate to Nicole Sarah Nehf and Samuel J. Neh£ in equal shazes, share and shaze alike, per stirpes. If any beneHciary receiving u�der this Will has failed to �each the age of 25 at the time of my death,that beneficiary's shaee of my residuary Estate shall be distributed to my 'Cmstee, to be �etained, managed, and distributed under the provisions of ARiele V of this W ill. ARTICLE V TRUST FOR MiNOR BENEFICIARIES A. PURPO5E - The primary purpose of this Trust is to provide for the health, support, maintenance, and education of any beneficiaries of my esta[e who are unde�[he agc of 18 at the time of my death. The provisions of the Trust also provide foc the dist�ibution of my �esiduary estate. Tf the Trustee is the beneficiary of any life insurance policy on my 2 life, any pension plaq or any other contract,the proceeds of such policy, plaq or conhact shall bc treatcd by my Trustec as though rcceivcd as a part of my iesiduazy Estate. B. USE & DESCRIPTION - Until there is �o livi�g beneficiary of mine under the age of 25 years,the Trustee shall use the income and/or principal as the Trustee, in his or her dise�etion, deems advisable for the health,edi�cation, suppor�, and maintenance of the beneficiaries. The Trustee can manage the TrusPs assets as a single unit, but should maintain a separate accounting of each beneficiary's share. Any payments made by the Trustee need �ot be equal bctwec�oc among my beneficiazies but theix dis[ributive shazes shall be charged for such distributions. In making such distributions,the Trustee sha]] take into consideration their respective needs and any and all other income and property that is known by the Trustee to be available to the beneficiaries for the above purposes. Any income not distributed shall be added to the principal. As each benefieiary reaehes the age of 25, that beneficiary's share of the trust shall be distributed and that beneficiary's interest in the trust shall dissolve. When the last living bene£ciary of mine hes reuched the age of 25 years, the T�ustee shall distrib�te that beneficiary's share and this Trust shall then terzninate. C. PROTECTION OF BENEFICIARIES - The interest of any beneficiary under this Trust shall not be subject to assignme�t, auticipatioq claims of creditors, or seizure by Iegal pxocess. If the Trustee believes that the interest of any beneficiary is threatened to bc diverted in any manner&om the purposes of this T�ust, the Trustee shalL withhold the income and principal from distribution, and shall apply payment in the Trustee's discretion in such manner as the Trustee believes shall best eontribute ro Ihe health, support,maintena�ce, zod cducation of the beneficiazies. When[he Trustee is satisfied that such diversion is no bnger present, the Trustee may resume the distributioos of income and principal authorized. D. NOMINATION OF TRUSTEE5 - I nominate and appoint Kevin Nehf and Robin Nehf as 'ltustecs without bo�d. E. ACCOUNTING - The Tmstees shall provide an accounting to each beneficiary anNor his or her gaardian on at least an annual basis. ARTICLF. VI YOWERS OF THE EXECUTOR& TRUSTEES In addition[o thc powccs givcn by law or by other provisions ofmy Will, my Execu[or und the Trustee of any Tmst necessary for my minor beneficiaries shall have the following powers, which they may exercise us often as they consider advisable, and un[il final distribution, without having[o seek or ob[ain approval from any court: a. 'fo retai� az�y property comp�ising a paR of my Estate oc Trust, aud to retaiu a�d to invest aII forms of real and pe�sonal property. 3 b. To scll at public ox pxivate sale, to grant options on, ro exchange, or otherwise to dispose of any property. c. To repair, alter, subdivide, oc improve any property. d. To compromise, or submit to arbitration, any claims, including any adsing as a iesult 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 Esta[e or Tmsl assets and wllect and apply the income, profi[s, and principal of the Es[ate and Trust in accorda�ce with the terms of this iustrument. g. To compromise, se[[le, or abandon claims in favor of or against the Estate or Tmst. h. To employ or compensate cou�sel and othe� persons deemed neeessary foc proper administration of the Estate or Trust and to delegate authoriTy when s�ch delegation is advantageous to the Estate o�Tmst. i. To make division or distribution in money or kind, or paRly in eithec, including disproponionate in-kind distributions, at values to be determined by the Exewtor or Trustees, and thejudgme�t of eithcr in such respect shall be bindi�g upon all interested parties. j. To bind the Estate or Tmst by wntracts or agreements wi[hout assuming individual liabiliry for such cont�acts. k. To hold the assets of the Tmst, shares, or portions of the Tcust created by this instmment as a single fund for joint investment and management without the need for physical segregation dividing the income proportionately amo�g the beneticiaries. Segregation of the vazious Tmst shares �eed o�ly be made on the books of the Trustecs for accounting purposes. ARTICLE VIl SURVNAL & 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 Vlll EXCULPATORY PROVISION My Executor shall ¢ot 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 eaused by willful malfeasance or default; nor shall any Executoc hereunder be liable for the ac[oc omission of any other Executor or Administ�ator heieunder. No interest shall be payable on any legacy or bequest hereunder, regazdless of statute or court rulc, and regazdless of when such legacy or bequest is paid, so lo�g as my Execulor acts in good faith in making such payment or distribution. 4 IN WITNESS WHEREOF, [, Atha C. Jones, do hereby declare that I sign and execute this inst�ument as my Last Will and Testament, that I sign it in the presence of each of the said wimesses, and as my free and voluntary act this .?i3'"� day of July, 2014. _ _ � �f�''�+i'y��:,� ,�, Atha G. J c� In ouc pcese�ce, Atha G. Jo�es, signed this instrumen[aud declared it to be he� Will, and we, at her request,in her presence, and in the presence of each other, have signed it as witnesses. r > ) • � �� l Li�� Kay � son Thomas P. Gleason 95 Airport Road 95 Airport Road Shippensburg. PA 17257 Shippensburg, PA 17257 5 COMMONWEALTH OF PENNSYLVANIA . COONTY OF CUMBERLAND . I, Atha G. dones,the Testatrix whose name is signed to the attached or forgoing instrumeot, havi�g been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and[hat I signed i[willingly and as my free and volun[ary act for the p�rposes therein expressed. We, [he u�dersigned wi[nesses, whose names are signed to the attached or foregoi�g instrument, being duly qualified according to law, do depose and say that we were present and saw[he Testatrix sign and execvte the instrume�t as her last Will; thal the Testatrix signed willingly and exec�ted it as her free and voluntary act for the purposes therein expressed; that each s�bscribing 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 mo�e years of age, of soand mind, and under no constraint or und�e influence. Swom to or affirmed and acknowledged before me by Atha G. Jones, the Testatrix, and sworn to or affirmed and subscribed to before me by Kay Z. Gleason and 'fhomas P. Gleasoq witnesses, this ,�3"`—`� day of July, 2014 �{'-!<�„Jt.���„��� Atha G. Jones / I � �`✓ l Kay GI ason ( � ��°",^ 4�.��.� Thomas P. Gleason COP '+OrvaY � i �Ur I-�PJNSYLVANIA NWnnal S�al /� �Ily Baker,Nutalv Pudic l� •. .1 ( �/ � c:�sEewoamnena�ecAuo�y d�<��q l'ca2kc�a; w��mm�o �ci��^o.�,zme N�t ryPubl�c ;,=n.., . � n,:,iaAm 6