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Home My WebLink About11-02-05 I! .' " . ~ , Register of Wills of Cumberland County Estate of John E. Yoders also known as nta PETITION FOR PROBATE and GRANT OF LETTERS ,/) J - 1'\ No. c:x U To: , Deceased. Register ofWiIIs for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 183-26-6813 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated July 1 , 20 05 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h_ last family or principal residence at 107 Clemson Drive, Middlesex Township County (list street, number and municipality) Decedent, then ~ years of age, died October 16 , 20~, at Thornwald Home, Carlisle, PA 17013 Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: nta Decedent at death owned property with estimated values as follows: (lfdomiciled in Pa.) All personal property (lfnot domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 107 Clem on Driv Middf sex Townshi Cumb rlan $ 100,000.00 $ $ $ 100000.00 PA 17013 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters testamenta (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) RECORDED OFFICE OF REGISTER OF WILLS 2005 C(!/31 Arn IC: 51 CLERK OF ORPHANS COURT CUMBERLAND CO. PA LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY 26 W. HIGH STREET '. CARLISLE, PA /7013 PHONE (717) 243.6222 CERTIFI COPY: 2109 MARKET STREET CAMP HILL, PA 170l/ PHONE (717) 737.3405 Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYL VANIA } SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that 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 above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed Before me this (3 f ,20 Ody of OCTO 6E.R _2 q~/1M.e. .) (j) L{ (j k(>3 Noo./-Q5""-097D , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW .../fI OlJ..-trflb QA ~ 20~ in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated July 1, 2005 , described therein be admitted to probate filed of record as the last will of John E. Yoders ; and Letters are hereby granted to Jane A. Yoders (- '.L' . ( \ LJ"._ LL. e.') If) o FEES Probat6, Letieis,Etc. ............. . 'IIM I, . . WI 1',"-'..... .................. jRemgiation......:. ............... .... Sho@ertificateS:'() ............ JCP .~:;:;,............ .'::.............. Automation Fee................... ~. ('~\r..~\............. ..... Total Filed I I - ,;), c!)J,>o 00 1':;-,00 $ $ $ $ $ $ $ $ 200S- Attorney (Sup. Ct. J.D. No.) 2109 Market Street, Camp Hill, PA 17011 YO.DO I 0 . CL;> 500 \5L0 3LfS- - u"D Address (717) 737-3405 Phone V1 ~. ~ 2" ... A ~ H\fl":-<fl" kFV 1ill" This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~....::. 1 :1. B No. r if):""l ;) t.. t,) n 1.) 11\1111~~\1",Orp(;--_____ ,/\#~ ~~""'" s'~_~\ ~-I'" ?~ ~IIIII::'I. '. I~~ ~~ .'4~~:' lh~ ;. *\ """, ,!*~ \. ~~~~/.:/~~\/ ",,-~~~,\ ""------~!",ENl \)\ ~~'l,\\ll "'''''''''';UUIIJJJ'''' 2:L~o~~~~ Fee for this certificate, Sb.OO OCT 1 8 Date 2rn$: \ : f-.) c::> C~ c.n C), ell -Ii (...,\ -i !":! ~ ~ -:-:':-CJ ;Tl C-) (',) ~:'.J ,.'-'.'1 ,_.J , ,"\ :-j C::J '-'J ":','rl -'-1 o . ,-n ,) C~~ H105.143 Rev, 2/87 COMMONWEALTH OF PENNSYLVANIA" DEPARTMENT OF HEALTH" VITAL RECORDS CERTIFICATE OF DEATH TYPElPRINT 'N PERMANENT BLACK INK NAMe OF DECEDENT{FIrsC, Middle. 1I11sl) f. John E. Yoders AGE(Lnt BlrtndlY) SEX SOCIAl SECURITY NUMBER DATEOFDEA. ,0..,. Y1t4 a UJ V> ::> V> :'i .. .. COUNTY OF DEATH v~. L Male .. 183 _ 26 _ 6813 8lRTHPLACE (City 100 PlACE OF DEATH:ct\eCl:.onIy l>M .Hft\flStfudltms on otharside) Ri~~H{I!ncTuwpnlry) . HOSPtTAl: tn~entD 7. PA ... FActUIY NAME (If not In5lItution, give 5l:reelltld number) < Octob 16 2005 70 ~~o ~) ~ lb. Cumberland DECEDENTS USUAL OCCUPATION (GIve Idnd of wol1I dQflfl dul1ng most ofworkln8Iifll;clonatUNrlttred.) ... 11.. Mechanic Supervisor 11b. Transmission Corp DEceDENTS MAJUNG A.OORESS (Streel. CltylTown. Sllte. Zip CocIe) DECEDENT'S ACTUAl RESIDENCE (Seelnstruclions onotherslde) Carlisle Boro. ... IQNQ OF BUSlNESSIINDUSlRY Texas-Eastern ..". 107 Clemson Drive ...Carlisle, Pennsylvania 17013 FATHER'S NAME (FI~. MIddle. last) f. Ra ond J. Yoders INFORMANT'S NAME (rypelPl'lnt) ,Go. Jane A. (Camp) Yoders . METI-IOO OF OtSP~~~~ Oon&tlon 0 Othlr (Spedfy) ... 21e. , SIGNATURE OF FUNE 17b.COunty Cumberland cltylbofO. NAME AND ADDRESS OF FACtUlY W 1. n g n,. 630 S. Hanover St., UCENSE NUMBER ti--/A';'.,....e,:'y- , 1/- O-tJ::.Y........ ~ ".. RN348507L WAS CAsE REFERRED TO ~E~I~ EXAMINERfCORONER? ". Apoplror;lmate PAI!T II: Olher slgntneanl conclltiOns InlefV8lbe'-en noI resulting In tI1eundeOyl .jcmsellnddlattl Gi(;~ H~ ,. 21. PART l. Enter tile dlseues, Injuries or compllC8llons wtlidl C8U1ed the death. 00 l1Qt enter the mode of dyI!'lO. such as cardiac or respiratOf'( arrest, shock l)( I1.lart fllIUM. Ust _1'1 OM C*1SS8 on dd\ line. ...3;33 PM I1butlngtodl8ltl,but t:auseglven In PART I. al-'/ct.- I DUE TO (OR AS A CONSEQUENCE OF): t b, ,. . fi(J' ... DUE TO (OR AS A CONSEQUENCE OF): DUE TO (OR AS A CONSEQUENCE OF): WERE Al1TOPSY FINDINGS MANNER OF DEATH AVAILABLE PRIOR TO COMPLETION OF CAUSE N...... IE Homlclde 0 OF DEATH? ....... 0 P1IIoild\ngllWntlga1loo 0 vnO No IE vnO No IE Su!eide 0 Could not be determined 0 DATE OF INJURY (Month,D8y,Velll) TIME OF INJURY za.. 21b. CERTIFIER(Check only one) .CERTIFYlNG PHYSICtAN (Physician certifying cause of death when another physic:ian has pronounced death and completed Item 23) To the b..t of my knowl.dg., d.ath occurnd due to the cause{sland mann.ru .t.t.d..__._.____...____.____.... >G.. I I >Gb. :t~~~.~~~home. oon. street. factolY. ofl\ce .... t- Z UJ a UJ u UJ a u. o UJ " ;1 ;r:.~~~~.~~~N~/k~~~:~~~~.N;hPo~~~~~t ~:~I~~~~~~~ :nr:~~~=.n:n~e:~. a~dt~~Z:~:~),:~:~0::~::1lLstatlld-.. ____ ___.~ __.... 0 .MEDICAL EXAIIINERlCORONER On the basis of ex.mlnatlon and/or Inv..tigation, In my opinion, d..th occumd at the tlme. date, anc:l pl.ce, and due to the causeCs) and manner a. stated _ _ _ __U h _ - - _... _ - - _ _ .._ - _.. _ _ - - - _. _ - - - - - __ - - - __ _' - - - _.' - - - - - _.. - - - - u -. - - -. h - - - - -... - - - -. - - - - - H_' -- - - - -.' - - - - -- - - - -- 0 l<lll IdJ \ 101 . Register of Wills of Cumberland County OATH OF SUBSCRIBING WITNESS Estate of JOHN E. YODERS No.c9/-Os-- OQ70 n/a Also known as , Deceased THOMAS E. FLOWER ~) a subscribing witness to the wtM/codicil presented herewith, Eetteft) being duly qualified accordin to law, depose(s) and say(s) that he was present and saw JOHN E. YODERS , the testat~, sign the same and that he signed as a witness at the request of the testator in h is presence and fh, H,,, }'lf6fleft6€1 ef eaea ethcl') (in the presence of the other subscribing witness(~. Sworn to or affirmed and subscribed Before me this 2>/ day of o c... -r: , 20~ ~~- 170 E. High Street Carlisle, PA 17013 (Address) -uJ.Lku~ (Name) C1' ....:t (Address) , . 1.1-1 .... c::> c_) E}~~ : IL~ C) (") f- (-' (:::J Lr.:l C:l C:: c:~:> c-i SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS'AT'LAW 2109 Markel Street Camp Hill, PA JI I LAST WILL AND TEST AMENhCORDED OFmCE OF OF REGISTER OF \\fILLS . ~ . 2005 ~+31 ?)(Y) 10..:)1 CLERK OF ORPIDANS COURT CUMBERLAND CO. P A .. l' JOHN E. YODERS I, JOHN E. YODERS, of Carlisle, Cumberland County, Pennsylvani'a, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all oth~r Wills and Codicils heretofore made by me. FIRST I direct the payment from my estate of my just debts and the expense~ of my last I ! illness and funeral as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of nhy death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate in such amount a~ she shall , consider necessary and desirable, and I authorize my personal representati\{e to cause ,) I title to or ownership of such lot so purchased to be vested in such per$on as my I personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SECOND To my son, JOHN E. YODERS, Jr., I give, devise and bequeath: (a) my real estate consisting of ninety (90) acres, more or less, of fCllrm1and in i \ Richhill Township, Green County, Pennsylvania; and (b) my Duke Energy Corporation common stock consisting of 4,130 shares by certificates DEC102131 and DEC017991, cusip no. 264399106; and 11 I (c) my First Energy Corporation common stock consisting of 9qO shares by I THIRD I. To my Trustee hereinafter named. IN TRUST NEVERTHELESS. fOflthe benefit of my step.grandson. BRANDON J. POKRZYK, I give and bequeath: (a) my Nuveen Premium Municipal Income Fund common stock consisting of 420 shares by certificates U-72559 and U-62119, cusip no. 67062T 100; and (b) 766 shares of my Templeton Global Income Fund commoh stock by certificate TG136978, cusip no. 880198 10 6; II. The Trust hereby created for the benefit of BRANDON J. POKRZYK shall be held and administered by my Trustee upon the following terms and conditions: (a) The Trustee shall, in her discretion, re-invest or distribute from time to time all or a portion of the net income of the Trust to the beneficiary, as the Trustee shall consider appropriate for the beneficiary's proper support, maintenance. medical care and education, after considering all resources otherwise available to him. (b) Income distributions may be made by my Trustee directly to the beneficiary when he shall be. in the sole opinion of Trustee, of such age and ability to SAlOIS SHUFF, FLOWER & LINDSAY handle properly the funds so paid, or may be made directly to the personi(s) having custody and care of him. ATIORNEYSoAToLA W 2109 Markel Street Camp Hill, I'A (c) All payments of income hereby given shall be free from a~ticipation, assignment, pledge or obligations of the beneficiary, and shall not be subject to any execution or attachment. 2 SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS'AT'LAW 2109 Market Street Camp Hill, PA (d) One-half of all principal and accumulated income, not so apPlied, shall be distributed to the beneficiary when he attains the age of eighteen (18) yearsl i (e) At the time the beneficiary attains the age of twenty-five (2f) years, he i shall receive the remaining principal and undistributed income of this trust, fllee of trust. FOURTH To my beloved wife, JANE A. YODERS, I give and bequeath: (a) 510 shares of my Templeton Global Income Fund common stock by certificate TG137220, cusip no. 880198 10 6; and (b) 100 shares of my Health Care Property Investors common stoak by certificate LS06628, cusip no. 421915109; and (c) all of my tangible personal property, with the exception of my 2<J}04 Ford ~ F150 pick-up truck. FIFTH I direct my executrix to sell my 2004 Ford F150 pick-up truck, alon!g with any other residuary property not disposed of by the foregoing provisions of this Will, and to - apply the net proceeds therefrom to the payment of (a) any costs of my f~neral and , i burial not prepaid by me, (b) the expenses of administration of my esta~e and (c) inheritance taxes imposed on the transfer of property passing under this Will. recognize that the said cash proceeds will likely be insufficient to defray these expenses in full, and therefore I direct that payment of the said cash proceeds shall be applied in the order of priority set forth above, until such funds are exhausted. Any remaining balance of estate administration expenses shall be dedlJcted pro- I' rata from the beneficiaries' respective distributive shares, in proportion to tl\1e pre-tax I' values thereof, as finally determined for inheritance tax purposes. 3 .11 Any remaining balance of inheritance taxes shall be charged to each beneficiary in proportion to the tax liability incurred on transfers to him. In giving effect to the foregoing provisions, my executrix shall allow each beneficiary the option to pay cash to the estate and thereby take his in-kind !distributions without reduction for taxes and/or expenses, or to specify the specific property or portion of property from his respective share to be sold to pay his obligation\$ under this paragraph. SIXTH In addition to the powers conferred by law, I authorize any personal representative, trustee or guardian 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; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan of lease, mortgage, consolidation, !$xchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any SAlOIS SHUFF, FLOWER & LINDSAY property, real or personal, which at any time may form part of my estate, for the ATroRNEYS.AT.LA W 2109 Market Street Camp Hill, PA payment of debts or taxes, or for any purpose of administration or distrilijution, for such prices and upon such terms as they, in their sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereCl>f; 4 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS' AT' LA W 2109 Market Street Camp Hill, PA (e) To make settlements and compromises on such term~ as they, in their sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as they, in their discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my wife, JANE A. YODERS, to act as Executrix of this my Last Will and Testament. Provided, however, that if she is unwilling or unable to act as Executrix, I direct the duties of Alternate Executor be performed by my son, JOHN E. YODERS, Jr. EIGHTH I hereby appoint my wife, JANE A. YODERS, to serve as Trustee of any trusts created hereunder. In the event that JANE A. YODERS should be unwilling} or unable to serve, or to continue to serve, as Trustee, I nominate and appoint her da~ghter ANN L. POKRZYK, as alternate or successor Trustee. NINTH I direct that no personal representative, guardian, trustee or oth~~ fiduciary appointed under this instrument shall be required to give bond for the faithful performance of his or her duties in any jurisdiction. IN WITNESS WHEREOF, I, JOHN E. YODERS, have hereunto set my hand and seal to this my Last Will and Testament, consisting of five (5) typewritten pag,e~ the first four (4) of which bear my signature in the margin for identification, this I t- day of July, 2005. ~4 //' '" ~ Vv, . W^' HN E. Y~RS, Testator 5 SAlOIS SHUFF, FLOWER & LINDSAY A11'ORNEYS'AT-LAW 21 09 Market Street Call1l} Hill, PA :. Signed, sealed, published and declared by the above-named Testator JOHN E. YODERS, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in tha presence of said Testator and of each other. ~~ ADDRESS :2{~ ~l~~ C r f-/-; , fA:- r 4-L~ AA' ~ ADDRESS ;)(0.&7 1AA'"'i.( k.c t- S+- ~.+-l. I PA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WE, JOHN E. YODERS, TfIoMlr$ b, R..otlJ€'(~and (-....,..,p n ~ In. \Fce~E!., the Testator and witnesses, respectively whose names are signed to the fCilregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his La~t Will and Testament and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witness and that to the best of their knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~ Testator iUv~~, Witness -4-<-,( .l"'-A.-v-. ..AA.. ~~ Witness ..... On this, the I$- day of July, 2005, before me, the undersigned officer, personally appeared homas E. Flower, known to me or satisfactorily prov~n to be a member of the bar of the highest court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testator and witnesses. I have signed my name and affixed my seal. NWEALTH OF PENNSYLVANIA Notarial Seal Sara J. Ensinger, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Oct. 17,2005 6 Membe!". ~ennsy!vania Association of Notaries 11---- .. .' . s · Register of Wills of Cumberland County OATH OF SUBSCRIBING WITNESS Estate of JOHN E. YODERS No. {1/-o'.)-o970 n/a Also known as , Deceased GWENN M. KEENE ~ a subscribing witness to thewrli/codicil presented herewith, (~) being duly qualified accordin to law, depose(s) and say(s) that she was present and saw JOHN E. YODERS , the testat~, sign the same and that she in h is signed as a witness at the request of the testator presence and (it:l. t1:l.~ }HBSefl:ee of eaeh vtil"') (in the presence of the other subscribing witness(~. Sworn to or affirmed an,tsubscribed Bef~6~ ~I ,20dd? ~ A^.~ (Name) 4D Meadowbrook Road Carlisle, PA 17013 (Address) Register Deputy ~JY;~~' (Name) (Address) COMMONWEAlTH OF PENNSVLVANlA No&ari8I Seal SaraJ. Ensinger, NotaJy NlIic CarI8Ie Boro, CUmberland County My Commis&ion Expires Oct. 17,2008 Member, Pennsylvania Association of NOIarie. I r',) -~ c...) LAW OFFICES SAlOIS, SHUFF, FLOWER & LINDSAY CERTIFIED COPY: 26 W. HIGH STREET CARLISLE, PA 17013 PHONE (717) 243-6222 2109 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 737-3405 C~cl,c~ --- Yo bE--~ c;:) "-1Tt-I~ +~ .. ~ J V4iCLR ti, rn; ~f--GUclJJ~. 7;4-~~d-1J ~ ~) dcl'7 -h~ / S~ w-dfJ ~ tf~~ o~: I d 7l>~~~~~~) ~JfJ~~~ ~tLk4hl;'~ LUtUClI~~ ~~~l4.,' / ~.-In tv-L ~4 / ~ ~1Al2.~ I e~ --rh~ ~ (/hu~ 1tG '- _ 'H 1)_ Yl-~. / ~ A.V..~ ~~ ~ ~ ~t~~f7'k-/ ~~ - P-;( ~ If) . r -- I ~j D !1 IF 1 2. I J. C "/ , IL.1 - (, . ,0., _ ~.,;' ,~ C_J J ,-, , 1~'-!:! j t.' C,,- C~; : "}. ; o ! '"' ~,. )//L a.Q.Q ty ~ . ~.~~ tJ~~ rl/1,V)___ ~ U '. r-UU - if f66 (~C1OJ& ~ / c9z\ w~~ vJ~ JLPjt~~ ~ ~ \1'\ ~ ~ / ~ .1 On this, the 1st of ~~rz:-z-I c: ~ _ Va.,. . Ju 200, before rre, a notary public,_ I l" 1/ c \/ _.II_ -- C" personal y a are Thomas E. FIO\\Jer r known to :me to \;:.;J P Y l fA. c::: I 1 C) Y::JL..{ ~ be a IreIr1ber 0 the bar of the hiqhes1:. court of pennsvlvania, and certified that he was personally present ,.men this Codicil was signed by the testator and witnesses. I have si_d my narre and aFfixed;:~ : ~~ ~ ~ - .-,- tft, tv.. ,'r! G-. -ke u.J &IL /~Jl4" d' COMMONWEALTH OF PENNSYLVANIA Notarial Seal SaraJ. Ensinger, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Oct. 17, 2005 b-W'bt-J kJ Member. Pennsylvania Association of Not8rleI