HomeMy WebLinkAbout06-23-15 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 z � _ I�_ Q �eJ �
Name: Jack N.Thomas File No:
�ae (Assigned by Register)
a/k/a:
��a: Social Security No: 168-24-4738
Date of Death: 05/15/2015 Age at death: 87
Decedent was domiciled at death in Cumberland County, PennsVlvania (Srare)with his/her last
principal residence at 17 N. Letort Drive Carlisle 17013 Middiesex Townshia Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 17 N. Letort Drive Carlisle 17013 Middlesex Township Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death: 815.200
If domiciled in Pennsylvania............................ All personal property $
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of rea[estate in Pennsylvania.......................................... .... ..... ...... $ 350.000
TOTAL ESTIMATED VAL,UE. ... $ 1 165.200
Real estate in Pennsylvania situated at: 17 N. LetOlt D1'iVe Carlisle 17013 Middlesex Township Cumberland
(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
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last W�ll of the Decedent,dated 01/05/2015 and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of execulor,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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
✓0 NO EXCEPTIONS ❑EXCEPTIONS
� 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.�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.
�NO EXCEPTIONS �EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationshi Address
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Form RW-02 rev.10//1/2011 y � F--�'age'1�2
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Oath of Personal Representative Officia]Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUi11b@fl8fld }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Melissa Thomas-Brumme 125 S. River Street, PO Box 404, Maytown, �A 17550 ;.;, -- �
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Pe ition are true and correct to the best of the-�cnowledg�.,'�nd belief
of Petitioner(s)and that,as Personal Representative(s)of the qecedent,the etition (s)will well and truly administer the estat�accordin�r�law.
Sworn to affirmed nd subscribed before �'�' �� µ Y�D�M - "`^�.�u�n+� �� D . U
me this ,3r�ay pf C! 0� � Da� �r
By. Date
� or e Register Date
BOND Required:QYES �NO To the Register of Wil[s:
FEES' Please enter my appearance by my signature below:
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Let�ers. . . . .: .: . . . . . . . . . . . . $ (IJQ Attorney Signature: _
( /��)Short Certificate(s). . . . . . �` �
( )Renunciation(s).. . . . . . . . , C._..,.::'�.,.1.._ >
( )Codicil(s). . . . . . . . . . . . . � . ' f„ �
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed lvam John C. Oszustowicz
Commission. . . . .. . . . . . . . . . . . . Supreme Court
O�he . : : : : : : ID Number: 37076
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� . . . . . . . . Firm Name: Law Office of John C. Oszustowicz
� /'1. . . . . . ` Address: 104 S. Hanover Street
I��/C� (�,y, , , , . . ���� Carlisle, PA 17013
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. . . . . . Phone: 717-243-7437
Automation Fee. . . . . . . . . . . . . . . '(�� Fax: 717-258-8379
JCS Fee. � d Emait: johnona carlislepalaw.com
. .. . .
TOTAL. . . .. . . . . . . . . . . . . . . . . $
DECREE OF THE REGISTER
Estate of ��G��- � �����7� � File No: � P I�-') � � O �
a/k/a:
AND NOW, �j�l�� �.' , ��, in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DF�CREED that Letters
are hereby granted to l��l�fr�S �-(- �0�'"�'�'�1��'�'�S .�i"/�/>'�m�--'
in the above estate and(if applicable)that
the instrument(s)dated L�
described in the Petition be admitted to probate and filed of re ord as the last Will(and�odicil(s))of Decedent.
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Form RW-02 rev.10//1/20/1 - g
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
oF cu�y ��
,�y r/�,� e�`� No. 2015- 00709 PA No. 21- 15- 0709
J� �9 Estate Of: JACKN THOMAS
O D � (Fiist,Middle,LasU
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I ��� �� Late Of: MIDDLESEX TOWNSHIP
CUMBERLAND COUNTY
N 1 X
Deceased
Social Security No: 168-24-4738
1750
WHEREAS, on the 23rd day of June 2015 an inst.rument dated
January 5th 2015 was admitted to probate as the Iast will of
JACK N THOMAS
(Fi�st,Middfe,Last)
late of M/DDLESEX TOWNSH/P, CUMBERLAND County,
who died on the 15th day of May 2015 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s t er of Wi 11 s i n and
for CiIMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
MELISSA J THOMAS-BRUMME
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 23rd day of June 2015.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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LA5T WILL AND TESTAMF.N'T '-a � � ' `�'
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I,JACK N. THOMAS of Carlisle, Cumberland County, Pennsylvanxa,being of sound arf� ���
disposing mind, memory and understanding, do hereby make, puk�lish ,:�.nd declare this as and for
my Last Will and Testament, hereby revoking all other Wills and �'��cl:i�ails heretofore made by
me.
FIRST
I direct the payment of my just debts and expenses of my last �l lness and funeral from my
estate as soon after my death as conveniently may be done. If the�re l�e no cemetery lot available
for my interment owned by me at the time of my death, I authori:�:�,, n�a�.order, my personal
representatives to purchase such cemetery lot with a contract for�erp���ual care, using therefore
funds from my estate in such amount as they shall consider neces:;aiy ��nd desirable, and I
authorize my personal representative to cause title to ar ownership c�f'such lot so purchased to be
vested in such persan as my personal representative shall designat:e.
Further, I authorize my personal representative to expend fwn�:i=� from my estate, in such
amount as my personal representative shall consider necessary and���:��irable for the purchase,
erection and inscription of a suitable marker for my grave.
SECOND
I give personal gifts of the items listed and to the individu,als H���:uned on the Memorandum
of Personal Gifts, if any,that is attached to this will.
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THIRD
I give, devise and bequeath all the rest, residue and remainde��r►�'my estate in equal
shares to my children,JACQLJELINE GRIER, DENNIS E. THOMA��, BARBARA D.
MUSSER, MELISSA J. THOMAS-BRUMME and JONATHAN h1, 'C��OMAS. All shares shall
be distributed outright except for the share of my son JONATHA]�T �vt�.�ase share sha11 instead be
to my Trustee who will create an irrevocable trust for the benefit of�ny� son JONATHAN in an
appropriate jurisdiction and then distribute the principal and incon�e ai'this trust in accordance
with the following instructions:
A. My son, JONATHAN N. THOMAS, shall receive distribax�ions which equal5% of
the value of the Trust from the date of my death for the� ne:.�t 10 years. The
distributian for the following year shall be based upon the���alue of the Trust on
December 31 of the prior year. For example, if the valut-<:�f''the Trust is $200,000 on
December 31, 2015 then my son, JONATHAN, shall r�ceHve distributions of$10,000
for the following year. Such distributions shall be made prior to March 31, 2016 of
the following year. At the end of 10 years, my Trustee;m��;��, in his sole discretion,
distribute the entire remaining balance of the Trust to rn}� ,y�.>n,JONATHAN, or my
Trustee may continue the Trust until, in the Trustee's caolle �.tiscretion,the purpose of
this Trust, specifically,the protection of the assets agains4 rvaste,have been fulfilled.
B. If my son, JONATHAN N. THOMAS should decease b��fc_�xe the termination of the
Trust created herein, leaving children of his own who ar�e i,i�der the age of 30 then the
Trust assets shall be held by my Trustee in a separate"Tru:��t far each child. Each child
may elect to withdraw 1/3 of his/her total trust assets at a�Tw� 25, up to '/2 of the
remaining trust balance at age 27 and the entire remaiu�i�i�; �rust balance when the
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Trust terminates at age 30. Each child shall receive annual distributions which equal
5% of the value of the Trust until the Trust is terminated at age 30. These
distributions shall be based upon the value of the Trust,on December 31 of the prior
year and shall be paid by March 31 of the current year.
C. In no event and under no circumstances shall Mary Beth Thomas, currently the
spouse of my son JONATHAN N. THOMAS, receive any direct or indirect benefit
either under this Will or under any Trust created herein.
FOURTH
In the event that any of my children should decease without children of their own,his/her
share shall be given in equal shares to my surviving children. If any of my children die leaving
surviving children then his/her children shall receive their parent's share per stirpes. If any of my
children dies leaving surviving children who are under the age of twenty-five (25), then that
distribution shall be held in Trust by my Trustee and be distributed in full when the child reaches
the age of twenty-five (25).
FIFTH
I direct that any and all inheritance, estate and transfer taxes imposed upon my estate
passing under this Will or otherwise shall be paid out of the principal of my residuary estate.
SIXTH
In addition to the powers conferred by law, I authorize any Personal Representative or
Trustee acting under this instrument, in his/her absolute discretion:
A. To retain in the form received, or to sell either at public or private sale any real or
personal property to which I may be entitled at the time of my death which my
Personal Representative and Trustee deem for the best interests of the estate or trusts;
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B. To exercise any options to subscribe for stocks,bonds c�r�t��er investments; to invest
and reinvest in such securities as a prudent man of intellir;e}c�ce and discretion would
buy for himself for investment,and not for speculation giv�mg due regard to the safety
of the principal and the adequacy of the income and wit:hot�t being limited to so-called
"legal investments";
C. To join in any plan of lease, mortgage, consolidation, Gxcla�u�ige,reorganization or
foreclosure of any corporation in which my estate or any tr�;�st may hold stocks,bonds
or other securities;
D. To sell, transfer, convey, mortgage,pledge, lease or exchar.x�e any property, real
estate, for the payment of debts or taxes, or for any pu�pasa:� of administration or
distribution,for such prices and upon such terms as my pe�•�;�nal representatives, in
their sole discretion, may deem wise, and to execute and d�.„liver deeds of conveyance
or transfer thereof;
E. To make settlements and compromises on such terms ��s r���;u Personal Representa.tives
and Trustee in their sole discretion may deem wise withcru#:�he necessity of obtaining
any court approval thereof;
F. To make distributions hereunder eifher in cash or kinc�,, as i�ry Personal
Representatives and Trustee in their discretion may de�em vvise.
SEVENTH
I do hereby nominate,constitute and appoint my daughter 1�'��:�al_.,ISSA J. THOMAS
BRUMME to act as Executrix, of this my Last Will and Testamerrt. l f�MELISSA is unable or
unwilling to act as my Executrix,I nominate, constitute and appainl:rrry daughter BARBARA D.
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MUSSER as Executrix. I direct that my Executrix shall not be required to give bond for the
faithful performance of her duty in any jurisdiction.
EIGHTH
I do hereby nominate, constitute and appoint M&T BANK and JOHN OSZUSTOWICZ,
ESQ. to act as co-Trustees for any Trust created hereunder. My co-Trustees shall not be required
to give bond for the faithful performance of their duty in any jurisdiction. Should either named
Trustee not want to serve hereunder, then the other shall be the sole T'rustee. Should either or
both of the co-Trustees not want to serve,then I hereby appoint CHRISTOPHER E. RICE, ESQ.,
of Martson Law Offices as either co-Trustee or Trustee, as applicable, or any shareholder of
Martson Law Offices if CHRISTOPHER E. RICE is unable or unwilling to serve.
In Witness Whereof, I have hereunto set my hand and seal this 5�' day of
..J 4r� , , 2015.
���c�.. �1 ��-1��t.��a;�
CK N. THOMAS
Signed, sealed, published and declared by the above-named person as and for his Last
Will and Testament, in our presence, who at said person's request, in said person's presence and
in the presence of each other have hereunto set our names as subscribing witnesses.
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W TNESS
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WITNESS
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We, JACK N. THOMAS, JOHN C. OSZUSTOWICZ, and CHRISTOPHER E. RICE,the
Testator and witnesses, respectively, whose names are signed to the foregoing instrument,being
first duly sworn, do hereby declare to the undersigned authority that thc Testator signed and
executed the instrument as his Last Will and Testament and that he signed willingly, and that he
executed it as his free and voluntary act for the purposes expressed therein, and that each
witness, in the presence and hearing of the Testator, signed the will as a witness and to the best
of their knowledge the Testator was 18 years old or older, of sound mind and under no undue
influence.
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J CK' . THOMAS
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WITNESS
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
Subscribed, sworn to and acknowledged before me by JACK N. THOMAS,Testator, and
t'�'�1
JOHN C. OSZUSTOWICZ, witness, and CHRISTOPHER E. RICE, witness, this J day
of '1 Y 1 , 2015.
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N�a,��s.� NOTARY PUBLIC
���Y R.leo,Notory Pubpt
Ep�py�boro,Cumberland Cou�MY
p�Canrnbsion Eapires 10/10/�17
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