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Home My WebLink About11-14-05 IN THE COURT OF COMMON PLEAS OF THE _ JUDICIAL DISTRICT, PENNSYLVANIA CUMBERLAND COUNTY BRANCH In re: Orphan's Court Division Estate of Charles A. Thompson, deceased late of Borough of Carlisle Cumberland County, Pennsylvania No. ~\~05- 1001 PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE FOR SETTLEMENT OF SMALL ESTATES TO THE HONORABLE, THE JUDGES OF SAID COURT: I i Walter L. Thompson, your Petitioner, files this his Petition for Settlement of a Smatl Estate under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code an4 in support thereof avers that: 1. Your Petitioner , Walter L. Thompson, is a competent adult residing at 247 Lincoln Way East, Chambersburg, Pennsylvania 17201, being the same person named in thd decedent's will as executor of his estate. 2. Charles A. Thompson, decedent, died on August 11 2005, at the age of 88 ye~s, but prior thereto lived and was domiciled at 701 Hanover Manor, Apt. A103, Carlisle, i Cumberland County, Pennsylvania 17013. 3. Decedent died testate, with a Last Will and Testament executed on February 26, 1988. A copy of said Will is attached hereto and marked Exhibit A. i i i 4. At the time of his death, decedent owned the following solely-owned assets: i 1989 Buick (VIN IG4AH51N8KT477034), valued at: Personal property valued at Conrail Railroad Retirement balance on funeral benefit Return of security deposit Comcast refund Patriot News refund The Sentinel refund TOTAL ASSETS: ] 481798-1 $ 425.00 $ 300.00 $ 698.80 $ 273.00 $ 43.20 $ 4.70 $ 46.82 $1,791.52 5. At the time of his death, decedent had a joint checking account at M&T Bank, which was held jointly with his son, Walter L. Thompson. The date of death value of this account was $11,661.72. 6. Decedent had a prepaid funeral through Homesteaders Life Company, which was valued at $6,596.53. The cost of decedent's funeral was $7,682.20; however, the funeral horbe gave a credit of $736.87, leaving a balance due of $348.80. ' 7. Decedent's previous employer, Conrail Railroad, offers a lump sum funeral benefit in the amount of $1 ,047.60. This benefit will cover the funeral home balance of $34$.80. The remaining funds in the amount of$698.80 will be paid to decedent's estate. 8. Decedent's estate will incur the following expenses: Barley Snyder - attorney fees (estimated) Sprint - final telephone bill PPL Electric - final utility bill Filing fee - Clerk of Courts $500.00 $ 10.33 $ 31.86 $ 30.00 TOTAL EXPENSES: $572.19 9. Total assets ($1,791.52) minus total expenses ($572.19), leaves a net balance I for equal distribution among the four beneficiaries of $1,219.33. i , 10. Your Petitioner, not having been granted Letters Testamentary, is without th~ necessary authority to transfer the title of decedent's vehicle, nor does he have the authority ~o cash the excess funeral funds check from decedent's previous employer, Conrail Railroad. ! i 11. Decedent's Will provides for his entire estate, real and personal, to be divide~ equally among his five sons, Charles Thompson, George Thompson, Donald Thompson, Terry Thompson, and Walter Thompson, per capita. However, it should be noted that decedent's s~m, Charles Thompson, predeceased him in June 2004. i 12. Your Petitioner, Walter L. Thompson, agrees that any remaining assets after the payment of all of decedent's debts and expenses will be divided equally among the four ! surviving sons of decedent, according to the terms of decedent's will. WHEREFORE, your Petitioner prays that an order be made authorizing him to liqui~ate the assets of the decedent pursuant to Section 3102 of the Probate, Estates and Fiduciaries dode. I ! ~../ERL~ D. _____ Mart B. Walker, E~uire 1481798-1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF CUMBERLAND Walter L. Thompson, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and correct to the best of his knowledge, inform4tion and belief. &f5;~ Water L. Thomps Sworn and subscribed to before me this q<n. day of N-oVRfYI W- ,2005. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Julie M. Metz, Notary Public Chambersburg Bom, Franklin County My Commission Expires Apr. 8. 2008 Member. Pen~svi\;;~~ci'-'t;on Of Notaries 1481798-1 I, \ () r .~ /') \ I / ~ \ ^) "--' ~ (~---=:i .. ~ ._-~ , (~ ~>.::-:9 "- '\., '\ \ r I i I I ! LAST WILL AND TESTAMENT OF CHARLES A. THOMPSON I, CHARLES A. THOMPSON, of 701 Hanover Court, Apartment A-103, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make and declare this as and for my last will and testament, hereby revoking all wills and codicils heretofore made by me. FIRST I direct the payment of my debts and expenses of my last illness and funeral from my estate as soon- after my death as conveniently may be done. I authorize my personal representative to arrange for my interment in the cemetery lot that I currently own at Cumberland Valley Memorial Gardens, Carlisle, Pennsylvania. Further, in this connection, I authorize my personal representative to expend reasonable 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 I give, devise and bequeath all my property, real, personal and otherwise, wherever located to my five sons, share and share alike, per capita: A. Charles Thompson, of Harrisburg, Pennsylvania; B. George Thompson, of Greencast1e, Pennsylvania; EXHIBIT J --" C. Donald Thompson, of Shippensburg, Pennsylvania; D. Terry Thompson, of Harrisburg, Pennsylvania; and E. Walter Thompson, of Chambersburg, Pennsylvania. THIRD Any and all payment or payments of any sum or sums, whether in cash or in kind and whether from principal or income, payable to my beneficiaries, shall be made upon the sole receipt of the respective individual to whom the payment is made, free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of ~ny such beneficiaries, and shall not be subject to any execution or attachment. FOURTH Finally, I nominate, constitute and appoint my son, Walter Thompson, Executor of this my last will and testament. I hereby relieve my Executor from the necessity of posting security in connection with his duties as such in any jurisdiction in which he may be called upon to act insofar as I am able by law to do so. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my last will and testament, consisting of three (3) typewritten pages, the first one (1) of which bear my signature in the margin for the purpose of identification this ') /. ..vI- ~ day of February, 1988. J/} " /7"1~ -d-'~.~ (,-{ V !~ CHARLES A. THOMP ON Signed, sealed, published and declared by the above named Testator, CHARLES A. THOMPSON, as and for his last will and testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ///~ '- ~~ / J' ~.,r ,- {~__,_r -.-:<(i ~ :;( 9?/fc!./ N€ /Gw ..,.. I _''I '''y " _ (), t? i/ , ~, ~ (/<h_x._J - ~ (A I > '" I :J /~>-'\ ( /, "/ i ,\__/[ '// Jf' I ,'!, -[ v vi !, :'h:\!t, ,,- , :, -,' .J( l . ", (' , \ i C ' , ;-r\: IVUf'-----' ll[ : \' ' '",' r I \\'l~-' C\ r~ k_)~h :-) (C;"'~ \ \?[~ liD!!:> COMMONWEALTH OF PENNSYLVANIA 58. COUNTY OF CUMBERLAND We, Chacles A. Thompson John F. Gocyl and Michelle L. Sheacec , the Testator/Testatrix and the witnes~es, respectively whose names are siqned to the attached or foregoing instru~ent, being first duly sworn, do hereby declare to the undersigned authority that the Testator/ Testatrix signed and executed the instrument as his/her last will, and that he/she signed willingly, and that he/she executed as his/her free and voluntary act for the purposes therein expressed, and that each of the witnesses in the presence and hearing of the Testator/Testatrix, signed the will as witnesses, and that to the best of their knowledge, the Testator/Testatrix was at the time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. ~l!~1 .~ I Sworn or affirmed to and r 1,')'-( (' I ~f-\' I, " ,,A."'(J acknowledged before me, this -96J.-C day of , 19':;;1. 1 / c___;/ J1(),) ,i /u ( Notary /7 /'J. a~ , A. . (VA.) l \ I' J ,'''-. ~ Publ:ic MARIA A, BARLETTA, Notary PubliC Cumbenand County, Cariisle. PA My Commissiun Expires May 6. 1991