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HomeMy WebLinkAbout01-30-08G ~ !%+~' PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of WINIFRED C. FISHEL File No. ~~ ~ ~~~~ ~ G~~ ~~O Deceased Social Security No. 180-26-7278 CHARLES H. GIPE JR. and PATRICIA A. GIPE Petitioners, who are 18 years of age or older, apply for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioners are the Co-Executors named in the Last Will of the Decedent, dated November 13, 2003. State relevant circumstances, e.g. renunciation, death of Executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted aftefi.~execution of the instrument(s) offered for probate; was not the victim of a killing and was never adjudicated ~ i~,n~capaci~ed persotl _~, c.` ; ~. ~ - . ~,, r.~ B. Grant of Letters of Administration ~ ~~ (if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante atlsehtia; dl]~nte mirmriti3le --. _. _. ~„O ' Name Relationshi Resider}ee (COMPLETE IN ALL CASES): Attach additional sheets if necessary Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with her last family or principal residence at 134 Hummel Avenue, Lemoyne Borough. Cumberland County Pennsylvania 17043 (List street, address, town/city, county, state, zip code) Decedent, then 70 _ years of age, died on January 15, 2008 at Holy Spirit Hospital, Camp Hill, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property .....................................................................$ 57.700.00 (If not domiciled in PA) Personal property in Pennsylvania .....................................$ (If not domiciled in PA) Personal property in County ....................................................$ Value of real estate in Pennsylvania ......................................................................................................................$ 90.000.00 Total ......................................................................................................... $ 147.700.00 Real Estate situated as follows: 143 Hummel Avenue. Lemoyne Borough, Cumberland County PA 17043 Wherefore, Petitioners respectfully request the probate of the last Will and Testament presented with this Petition and the grant of Letters in the appropriate form to the undersigned: I signature Typed or printed name and residence ~~ ~- °"~ CHARLES H. GIPE, JR. ~~ ~_, .{ ~.~ ~'~,'r ~,~'Y` ~~~„~~ ~ 43 North 9th Street ~~ Lemoyne, PA 17043 _ ..-., r ...~ ~ r ... ...... Oath of Personal Representative '~~ a. , ~ ~., ~~ ~9 1~f'" ,,,i.~ .51i ~~v'y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,,,_,,,- ~~ G; ~~,!,. - , The Petitioners above-named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn t• and affirmeci,~nd su~scri~ed Before this ~- day of 2~ -- ~i G~ -~ ,' ~ ~l .'1 CH S H. G/PE, JRt `j ~ ~~~~~ ~ ~~ PATR/C/A A. G/PE File No. ~~ " ~~ -~ Estate of WINIFRED C. FISHEL ,Deceased. Social Security No: 180-26-7278 Date of Death: JANUARY 15, 2008 AND NOW, ~._ 3(J , 2008, in consideration of the foregoing Petition, satisfactory proof having been resented b ore me, IT IS DECREED that Letters Testamentary are hereby granted to CHARLES H. GIPE., JR and PATRICIA A. GIPE in the above estate and that the instrument dated _--- November 13, 2003 _described in the Petition be admitted to probate and filed of record as the Last Will and Testament of the Decedent. FEES ~ ~- U Letters ........................... $ Short Certificate(s) $ ~ , G~° Renunciation ............: /$ Extra Pages ( )....... $ Codicil ............................ $ JCP Fee ....................... $ /~ , Inventory ............... ...~ $T Other ................... $ ,~ ~ TOTAL......... $~ ~~ . Attorney: DAVID W. DeLUCE I.D. No: 41687 Address: Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043- Telephone: 717-761-4540 OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ Fec fur ihi~ certificate, X6.00 P 1412Q39`~ Certification Number ~~~~~~ This is to certify that the information here given is correctly copied from an original Certificate of Death duly tiled with me as Local Registrar. The original certificate will be forwarded to the State Vital RecordysyOffice for permanent filing. ~G~m- ° .C ~ JAN y 8 201 Local Registrar Date Issued ---, C) ..r i J(T: T. --~ I REV 11RW6 PRIM IN AANENT CK INK i l t s COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) ~r,TF F„ F h,,,x,o~o s-. s ,_,.~ ___ } w~ \~. _w-s+ j ~~ t..a ~~ 0 1 ~-"A . i .. _..` L~ 1. Name d Decedent (Rrsl, middle, last, whiz) 2. Sex 3. Social Security Number d. Date of Death (Hoorn, day, year) n frail C. Fishel Female 180 - 26 - 7278 Ur ~Cj ~~~ 8 S. Aqe (Last Bidhday) Under 7 year Under'I day 6. Date of Bidh (MOmh, day, year) 7. Birtltplap (Chy and slate a foreign coumry) Ba. Place of Death (Check ony one) Monty oars Noun MvwKS Hospital: Other: 70 Yrs. January 6, 1938 Mechanicsburg, PA Inpatient ^ER/Oulpafient ^DOa ^Nursing HOme ^Residence ^Other - Sperry: Sb. County of Deatn &. City, Boro, Twp. of Death 6tl. Fadliry Name (If not insthukm, give street and number) 9. Was Decedent of Hispanic Odgin? ®No ^Yes 10. Race-Amencan IMian, Black, While, ek. Cumberland East Petlnsboro Twp 1 ~ l1 (II yes. spedry Dubac, (gp~ryN Mexican PUertoRicen etc) ~u~ s i it " i ' , , - . ~ `Q, Iv~ White 11. Decedent's Usual Occu fion Kind d work done dun moll d world tile, Do not stale refired 12. Was Decedent ever in the 13. Decedent's Education Specify only highest grede completed) 14. Marital Slafus' Mamed, Never Marred, 15. Surviving Spouse (II wife, give maiden name) Kind of Work Kind of Business /Industry U.S. Armed Forces? Elementary /Secondary (0.12) College (1-4 or 5+) Widowed, Divorced (Speci!» amemaker ^ves ~Np 12 Widowed is Mailing re Street, citryy /town, slate, zip code) ilt®R~ ~ entl.e Decedent's Did Receded Pennsylvania L ive in a Actual Residence 17a. Slate 7 7c. ^Yes, Decedent Lived in Twp. Lemoyne , PA 17043 oe ~asl ~~ed wifni fro. county Cumberland T°w~'rP' rid. ®N~ "L e d ~ emo a c,ry / ~m 19. Felker s Nartre (First midtlle, lest suhix) 19. MoMer's Name (First, middle, maiden wmeme) Henry A. Lutz, Sr. Aldo B. Marquart 20a. Inormanf's Name (Type /Print) 20b. Informant's Matln Address Street, 9 ( illy /town, state, zip code) Patricia Gipe 43 North 9th Street, Lemoyne, PA 17043 21 a. Method d Disposhbn [E]Crematkln ^ Donation 21b. Dale d Disposition (Month, day, year) 21c. Place of Disposition (Name of cemdery, crematory w oMer plop) 21tl. Laration (City !town, stale, zip code) ^ Burial ^ Removal from Stale Wu Crametlon or DonaBOn Auhw ' t ^ Other- j byMediralExeminerlCoroner? ^Np Jan. 22, 2008 Cremation Society of PA Harrisburg, PA 17109 22a. Sigrlalur d F ne Servke L' nsee (or pe ~ctinq as such) 22h. Lirense Number 22c. Name aM Address d FacifiryAver M@ mOlial H~m e and Cremation Services , Inc . - FD 013376 - L 4100 Jonestown Road, Harrisburg, PA Canrolele It s 2 N when certiying 23a. To the hest my knowledge, death ocprretl al the time, date errtl place stated. (SignaNre and Ihle) 23b. License Number 23c. Date Signed (Month, day, year) physidart~ rid available at lime d death to cerlKy cause of death. Items 24-26 must be cmipleled by person 24. Time of Death 26. Dale Pronounce0 Dead (Month, day, year) 26. Was Case Rel to Metlipl Examiner /Coroner for a Reason Other then Cremation or Donation? who pronouncesdeam. / .~~ PM. ~~.T~uQ~ 15 ~<~~~ ^Yes o CAUSE DF DEATH (See inatructlona and examples) r Approximate kttenrel: Part II: Enter fiber ' 28. Did Tobacco Use Contribute to Death? Item 27. Pen I: Enter ma dlaitl of events -diseases, injuries, or complk;aliore -that dredy caused me dedh. DO NO7 enter lemanal events such as cardiac arrest, r Onset to Death bd not resuMnq in the undedying pose given in Pad I. ^ Vas ^ Probaby respiratory artesL or ventricular fibrillation without shovnrtg the etbbgy. Ust ony ono cause on each Ik1e. r ~• Js i pAMEDIATE CAUSE fFifW tlisease or /~ ~ / p ^ No ^ Unknown ,~ ~~ 1 ~ `y T `` Y corNitian resuhing in deem) Aw Z ~ `~` ~ 1 VC, /~ I ~ 1 ~) 1 Q'v ©r L~ P ~ I a 29. II Female: _~, . Due fo (or es a cenaetiuence oq: ~ ^ Nol pregnant wihin pest year Saquantiel7 list corWilbns. h any, h, '"i ~ ~ ~, ~) S` ~ Q N i IBaQ~yp 10 ale pd% kNetl Orl lme a. ^ Pregnant al tlme of death Due io (or as a cons r Enter Ge UNDERLYWG CAUSE a7uanCe oF): I S 4 te F D ' ' e ^ Nol pr 1, but agrran pregnant within d2 days .N R l. 1 N U Fl U ~ ry LY ~ A ~~ resdMg"n ~ a,„ ~~ of death Due to (or as a consequence on: i ^ Not pregnant, Od pregnant 63 days to 1 year d i before death ^ Unknown d pregnant within the past year 30a. Was an Autopsy Pad m d7 30b. Were Autopsy FinCngs A il d Po t C le b 31. Manner of Death / 32a. Data d Injury (Month, tlay, year) 32b. Describe How Injury Oxurted 32c. Plop of Injury: Hone, Farm, Street, Factory, a e va e e or o omp t n ,-, _ I JJrd ^ Homkida l OMce Building, etc. (Specity) d Cause of Death? { ^ Yes r-r / L M^`~ ~s ^ No [] Accident ^ Pendng Investigallon 32d. Time of Injury 32e. Injury al Work? 321. If T2nsponation Inlury (Speotyf 32g. Locatbn of Injury (Street, dty / lovm, stale) . ^ Sukide ^ CaM Nof be Determined ^Yes ^ No ^ Driver /Operator ^ Passenger ^Pedestrien M Other . Speclly 33a. Cerfifier (dleck ony one) 33h. ~ Nre and Tile of Nler Cedhying physkien (Physidan certifying pose of death when arafher physican has pronounced death and carpleled hem 23) To Me beetdmy knowledge, death occurred due to the cause(s)and mannermepted___________ ______ __ _____ _________ ^ - • Pronouncing antl prtllying phystclen (Physkian bom prorrcuncmg tleafh aM cenilyhlg to cause d death) To the beet of m knowled e tleeth accumed n th tlm d t d l M d f ^ 33c. license Number 33d. Date igned (Honih, day, year) y g , a e e, a e, an p ace, a ue to i te caux(a) and manner ae stated . . . . .... . . .... . . . . • Madkel Ezeminer I Coroner ~ ~ ~ 1 ~J !L ~ ~ ~ I ~ ~ ,.x V- a ! 7 On Ire beats of examineaon end / or Investlgallon, In my epinlon, deaM occurretl at the tlme, data, and place, and due to the pose(s) and manner as stated_ ^ O yl Name and Add ress d Person Who C anpleted Cause of Death (Item 27) Type /Print Registrar' S n Wre M Di 7'O • ( ~ ' ) O ~ ~w ~ • ' I ~ / I S ~ I / I ,'~°r. '.'fill 36, pale Filed (Monlb, day, year) ~- ~ 1oi c ~1- rx RGr~ ; u P-9 , ~I l l r~, v , ~ e a r~ ~ Diapoahion Parma, Ne0093925 not require any beneficiary to reimburse my estate for taxes paid on property passing under the terms of this Will or otherwise. ARTICLE IV I direct that any automobile or automobiles that I own at the time of my death be sold and the proceeds are to be given to my granddaughter, KRISTIN N. SHULTZ, to be used by her to take care of my dog "Nicki". In the event "Nicki" predeceases me, the proceeds from the sale of my automobile shall be distributed as part of the residue of my estate set forth in Article VI. ARTICLE V I direct that my household and personal effects and other tangible property of a like nature (not including cash and securities) be sold at a private or public sale, as determined by my Executors, using Quinn (Ike) Eichelberger as the Auctioneer. The proceeds from said sale are to be added to the residue of my estate and distributed according to Article VI hereof. ARTICLE VI I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wherever situate as follows: A. 40% to my daughter, PATRICIA A. GIPE; B. 40% to my daughter, WEND'Y L. GAViS; C. 5% to my grandson, KEITH A. GARDNER, JR.; D. 5% to my grandson, DERRICK S. BROSIUS; E. 5% to my granddaughter, JESSICA D. BROSIUS; and F. 5% to my granddaughter, KRISTIN N. SHULTZ. If any of the above named persons shall predecease me, the share of said predeceased person shall be distributed to their spouse, and in the absence of a spouse, to their personal representative. ARTICLE Vll Should any person named in Article VI be entitled to a share of my estate and not have attained the age of twenty-one (21) years at the time of distribution to him or her, I devise and bequeath said share to CHARLES H. GIPE, JR. and PATRICIA A. GIPE, IN TRUST, for the benefit of said person. The Trustee is hereby directed and shall have the power to hold, manage, invest, and reinvest the amount so received. The money held in Trust is not to be distributed to the beneficiary for any use except for the payment of tuition, room and board or other costs related to her post high school education (including trade school and college education, both graduate and undergraduate) for said beneficiary. To meet this purpose, I empower the Trustee to distribute, or not to distribute, all or part of the income and to invade all or part of the principal as Trustee in their sole and absolute discretion may deem to be necessary or appropriate for such beneficiary's post high school education expenses. In doing so, the Trustee is to take into consideration other forms of support available for any beneficiary's post high school education including grants, scholarships, contributions from the beneficiary's parents, and contributions from the beneficiary as a result of any employment by the beneficiary. Upon the beneficiary attaining the age of twenty-one (21) years, any principal or interest not so used or applied as set forth herein shall be distributed outright to such beneficiary. If the beneficiary shall die before attaining the age of twenty-one (21) years, the Trust shall terminate and such funds shall be distributed to my other grandchildren named in Article VI hereof, in equal shares. ARTICLE Vlll I direct that the interest of the beneficiary named hereunder shall not be subject to anticipation, or to voluntary or involuntary alienation. ARTICLE IX Should the principal of any trust herein provided for be or become too small in the Trustee's discretion, so as to make establishment or continuance of the trust inadvisable, the Trustee may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the beneficiary. If the beneficiary is then a minor, distribution may be made to the surviving parent or guardian of said child. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income beneficiary remainder shall cease. ARTICLE X I direct that any Trustee, or their successor, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ARTICLE XI I nominate and appoint CHARLES H. GIPE, JR. and PATRICIA A. GIPE, as Co-Executors of this my Last Will and Testament, and require that said Executors serve without bond. In the event that one of the above named Executors shall, for any reason, fail to qualify, or having qualified, fail to complete the administration of my estate, the other named Executor herein shall continue to carry out the duties of Executor and shall continue to have all the rights, powers and immunities set: forth in this Last Will and Testament, including the requirement that said Executor serve without bond. ARTICLE Xll I have two (2) children who are now living, whose names are BRENDA L. BROSIUS and ADA E. SHULTZ. I have intentionally made no provisions in this Will for BRENDA L. BROSIUS and ADA E. SHULTZ and neither is to receive any share of my estate upon my death. IN WITNESS WHEREOF, I hereunto set my hand and seal this ~ day of py~~ , 2003. r~ (SEAL) WIN RED C. FISHEL Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament in the presence of us, who, at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: I, WINIFRED C. FISHEL, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. WI RED C. FISHEL Sworn or affirmed to and acknowledged before me, by WINIFRED C. FISHEL, the Testatrix, this _ ~,.~~~ day of ~ ~ '~/~~_ , 2003. ,/ ~. ,, ~ ~~ ~GIL' . - a-f; - ~ C%~" Notary Public Notarial Seal Kristee K. Myers. Notary Public Memoyne Boro, Cumberland Courrty y Commission Expires Dec. 2, 2008 Member, Pennsylvania AseodaNgi a ~~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND // We, ~~(,d ~ ~~ ~L~ _~~~_ u (~" and ~~-~ ~( H. ~~ ~~ C ~. the witnesses whose names are signed to the foregoing instrument, being du y quali ied according to law, do depose and say that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time at least 18 years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed to a d subscribed to before me by ,, ~. ~'~L~ ~ , , ~ ~~` k C and (~. ~~ ~ ~ l~l ~' ~- ~ ~ ,witnesses, this r!3 ~~day of d V ~ l ~~ ~ ~ , 2003. / Notary Public 220568 Notarial Seal Kristee K. Myers, Notary Public Lemoyne eoro, CumbertarM County My Commission Expires Dec. 2, 2006 Member, Pennsylvania Association Of Notaries