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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 ..� c::::� � n '_� � � `! ''''i n _'� � C�7 .w _.-, „� r--- . _.,.., .4-- , _ _ c_,� �i '�_. �:- ,...._� (\1 ,,...._E . � ...�-� � �, --- -.'i..� , _ 3 _ �-"- _ c-:� _; . : rv �_. r_� � m�:{ Form RW-02 rev.10//1/2011 y � F--�'age'1�2 .,�,�,��i,7..�.i rnrtnr� w 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 ;.;, -- � � . c_ � �� -.., __ � <..> - � - R.a , '� _ ._,� _ , 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: Jy/_ o0 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 nf� � . . . . . . . . Firm Name: Law Office of John C. Oszustowicz � /'1. . . . . . ` Address: 104 S. Hanover Street I��/C� (�,y, , , , . . ���� Carlisle, PA 17013 t' . . . . . . 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. �IA_'' ,,� 1 ,�'I �•iLx:. ��egister of Wills �;.:��� � - ,, ,, l ,A' � '': -J a e 2 of 2 Form RW-02 rev.10//1/20/1 - g . .�.,; 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 � v 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. � � _ � ��� ��_'�_` �,. � �� a`�� c.., ��` � Register of Wdls` / L t a _ __ . . �� . � �� � � � ��� g _ � , � , I� � —.._ _ _; �•_ , f= Deputy c:.., , t�i_. ' :..:: i �. � ;��. C�.J � ` __: ._. ., ..: ., ,,,, ,. (..._ C.�; --�. +., _... i_.: ,�. _ - ; �y.� ._.. __ :_J �� C`; '.:� Ll"' G:'i � L.!.,f �� t.i� � �a � � C_ N..., � L� r._- **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) ����i.i...��ue�i�n�� R -..a � c._� �—> � �_ p v—i 'TJ r—;i 1..�_� LA5T WILL AND TESTAMF.N'T '-a � � ' `�' , � _ �-� == .w_� � Y ± ^' ..� OF �-' 7 _r_, ;: ___. , � _� - , JACK N. THOMAS - � �� :�, ... �.., . __ _ :;_� � �---� �_ �7 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. i 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 2 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; 3 .-:raw'n I I...`I IIR'fllf' r 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. 4 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. ,, `. ��°' W TNESS �?��.,�:, � /�� WITNESS 5 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. �,e_ � 6�2 - �t��t-�vu-�� J CK' . THOMAS �� �,,, WI � ��, �°a" �,:� � �;� C�.�K.��,y�,� �. 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. �f � �....�. �� �� �._._ �. . N�a,��s.� NOTARY PUBLIC ���Y R.leo,Notory Pubpt Ep�py�boro,Cumberland Cou�MY p�Canrnbsion Eapires 10/10/�17 6