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HomeMy WebLinkAbout10-17-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Dean H. Failor File Number ~l ~p~3 -- (arj~ also known as Deceased Social Security Number John R. Failor and Donald E. Failor Petitioner(s), who aze 18 years of age or older, apply for: (COMPLETE `A' OR `B' BELOW:) 0 A. Probate and Grant of Letters Testamentary and aver that Petitioners aze the Co-Executors named in the last Will of the Decedent dated June 4. 2002 and codicil(s) dated N!A (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 after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No exceptions n C7 f~ = CJ c~ n K-7 O ^ B. Grant of Letters of Administration --i (If applicable, enter c.t.a; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) ~~ ~ :-~ ~! Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse {rl'r`aty~-and heiL~ (If _' ~ Administration, c t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ,~ v -:~ ~ Name Relationshi Resid C.ft (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his last principal residence at 312 Asbury Drive Lower Allen Township, Mechanicsburg Cumberland Countv, Pennsvlvania (List street address, town/city, township, county, state, zip code) Decedent, then 91 yeazs of age, died on October 9. 2008 at 312 Asbury Drive. Lower Allen Township Mechanicsburg Cumberland Countv, Pennsvlvania 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal Property $ 80,000 (If not domiciled in PA) Personal property in Pennsylvania $ (I1'not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 0 TOTAL $ 80.000 situated as follows: None Wherefore, Petitioner(s) respectively request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si ature T d or rioted name and residence -7 ~ ~. ~, `~ -~ John R. Failor 100 Hilltop Road Boilin S rip s, PA 17007 - Donald E. Failor 1784 Autumnwood Drive Mechanicsbur , PA 17055 r~ ' -, 717925.1 d 1 -0~ -/i,~5 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA . 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 Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirm and subscribed n Before me the ~ day of ~ ature of Personal Rep a en five Signature o Personal Re resentative _ ~~- Forthe Register _ r-~ a' Signature of Personal Representative ~~ O ~? ~ c~~ _ -^ m --t _- -~: -r ~. , a~ c~-~~ -_~r-~~-. -~ File Number: ~ O ~~;~;=; Estate of Dean H. Failor, Deceased `~' ~ ~ Soci I Security Number 178-16-6961. Date of Death: October 9, 2008 -,~ ~ AND NOW, , ~ ~l`~`~--aC ~C~OR in consideration g~ the foregoin Petit, satisfactory proof having bfe~ presented be re me, IT IS DECRE D that Letters Q are hereby granted to ivl E~1vt C3 ~~ ~~.~ ~./1 ~ l~h~ i ~ ~ ,/ ~' M-~, ~ ~~~ r in the above estate and that the instrument(s) dated /~ /c~ Q~ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters.. .,,.......$ (~, (~D ........... $ .U Short Certificate........... Renunciation(s)............ $ .... $~LZ .... $ .... $ .... $ .... $ .... $ TOTAL ................ $~~ Attorney Attorney Supreme Court I.D. No.: 33782 Address: Telephone: c/o Rhoads & Sinon LLP PO Box 1146 Harrisburg PA 17108-1146 717-233-5731 ;`~ ' -, : -, ~:~ IOS.ROS REV (DI/D7~ _ __ - __- _ __ _ _.. _ _ _ _ __ - - ~~,-cad -has c~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 14793064 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registraz. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~ P ~ lob g ~o~ Local Registrar Date Issued - ~ O ~ ~r_~ n ~- -t~ v, ~ ~.! ~ -. i"j ~~j ~ t-, ;~ , ~ ~~r t. _ ., ---~ GJ ~ - - . . ~ • W n los~ tea REV urzoos TYPE ~ PRINT tlt COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PERMANENT BLACK WK CERTIFICATE OF DEATH (Sea Instructions and examples on reverse) ,. Name d Decemd Fen, rradae, last sdez) STATE FILE tNNABEfl Dean H . Fdl for ~ z' $0A a ~"'secyay Nareu a. Day a Deaw tMatlh, my, reaq 5. Aae (Last BiNdayl uo ~, y~ ~ , m 6. Dale a arw (MaW, m , earl T. Btrtlpbc. (C ra wen «br .Male 178 116 ~' 6961 October 9 2008 mlaaM e. Place d roam 91 rre. October 14 1916 Newville PA ~ - m co«xy a oeaw rk. city. B«o, rwp. a Daaw ^ kpati«a ^ ER / Dwpamm ^ DDA ^ Nysna Itony ®tiaeoerKe ^Dllyr SpeUy: ea. Fadley Narw In net wetiwat ure seat am reeroa( s wu Deceaea a ^ ~7:r1~°rland HisParac 01~'? ND rie 10. Ran: Amricyl al6an, trlan. wtw, eb Lower Allen 7Wp a 312 As lu veer. w.dr,• cawn, (SPxiM ,,, Oenaere's usam eon Kim d veers r,ay rant d Ne. Do nd sae reied 12. was D.eea«n ever o era, 13. Demaertl's Edcation IsprKay «er hialyet am Menran, Puerto Rican, eb.) White Kaq a won Kos a Bweyas / Inawty U.S. Anryd Forcec7 +X carpbyai ,t, Mead gabs: Ytlrnea Never eLarried. 1s. Surviwq Spew p wW, pro maiden rums) 3 Fbed Pco~ctiloz ^ra ENO Eny sec«bary (a,z) cowae (,~«s.1 WMowea. Div«cea lsP+cA1 • te. Decemd's vestry Amrees (street. ay r tarn, eWe, nP coral pecamNY 8 Widaaed 312 Asbury AgadResiaerK. na.side Pennsylvania DitlOaca°°^' Drive we"• ,Yc Qrea,DecemdL,rean Lower Allen tn.co«Ky Glmberland towndep? na.^ ~aLi„d„w,,, Twp te. Fryrro Name (Frsl, mad.. rd, edaq c+v r Bao John R. Failor ,s.Mover'awm.(Faa.m;m,maim,,,umrrw) 2m. edomyra'e Name (Type / Prim) Mabel GI'aCe Haclanan Donald E. Failor zro tlaamaKe "ae"'° "°""° tse.et err Ybwn. °."• ~ Here) z,a. M.um a Dapnw, [~p,,,~„ ^ Dam zb. Day d ~ 1789 Aut 'l1 • V MeC P 1 ^ amid ^ Removal from slab Dapniam proritlr, my, wrl zm. Plan a DisPoeebn Karee a wu Crenuuon «O«utlon Aeayr°ea oemdxp, aanday «ow« place) z,a lanlon I bun, eor, ~ ^ own spray: WYeNCalEerararwyCor«wT rea^NO t 10 Karr room.) s.rvae ~ (" parem aeltq~€,uc°( 220. Lcewe veneer 8 l l ' n M §1t. Name amAa«eu d FavdYy •z - FD - 019889 Malpezzi Funeral Hone 8~M~rkn~t laze P~y17055 ~ plyeiwl ^ not avaeabl~d Iwynd man b 23a. To tly bed a mY bbwNage, dean, oaarW d tly tinier. mu erns pace dates. (Sgyaee am title) CS nNy cause d maw. 23b. LicenY Number 7Y. Day 5pya aaerYll, my, year) tlems 2e~2e muy m conpleua W person 21. vane d Deaw 25. Oay Roriolrlcetl Daaa (Mmw, my, year) 28. Was Cad Rebmea b tAWlcd EaamnyrlC«aw i« ^ Msson Otlur sort Creny9on «Dautbn7 .uopono«K.:aww. ,, A~rox. 6:00 An+. Ocb~ 9, 2008 ^rea ®No Nara 27. Pan I. Ever tlu CAUSE OF DEATH (sae Nstructlona arW esampby fdala91nYn1,1n - dseasae, iryeue, «wnplicdbrp _ tlut m~mY cawed we maw. DO NDT enW 1«roalal event such as car6ac anent i Apporimde awrvd: Pan q' Seer anyr .. 2B pp Tdascco ~ ~~ b hM7 respuabry wrest, «v«ycWr tditlation wtlaaA slywvp tly dbbay. Lip tidy ay nun an seta ens. s Ones b Deaw Ma np resWag o we uat«yap nude pren o Pon I. ^ Ya ^ Psmepy ~0^ATEyC~II~ IF~)bsease « ~ ^ ND ^ UN~rwwn m -- a C;~RDt~~•SP~2F'ROr2Y fhe~2ES-~ r Duero 1 m a mnse9u«re d). p ; Z0. tl FemaM: dIryry Iwl LellmralS, a an • 72 1 NFPh2C7) O h7 ^ N« aepre'a "m" pad rear IeablM aweesua an lnea °~ )"~r my7 ( X77 ~ ^ Prearwed Yaeaman Ergr iirt UI~ERlYY1G CADSE Dw ro (« as a consegrenn op, tOSease « rod' ny ^ Nd gequd, but pe7ure wyan 12 rays arras resu«g n Grew) LABT, d maw c. Due b (« as a cauearunce a1: a, l ^ Na pepud, bd pegiwa Ia rays b 1 year r bebre Osew 3es. Was n Naapsy xw. W«s AubpeY Fbtirpe 7, Mww r ^ Ua~ro.n a p Perbrmea? Avaeahb Prier b CanpNtion 32a. Dde d 4tlyy (Moral. mY. War( 920. Deecree flow Iryury Dtwrcea ~e walri ay ~ Y~ d Cause d Deaw7 d ^ liornicitle 32c. Pbn d slat llonr, Farm, Steel, Facby, Oan Buemp. ab. !sp«+rY) ^ res ^rea [) No ^ Accitlenl ^ PeruNp brespaem s2o Ln a wpay ne. -jaY d won? an. a TranspaMaon wYay (~vYl errs. Loam„ a wpay (sus«. ay r ben, eve., ^ sarab ^ terser na m oerermwa ^ rea ^ rb ^ Dnr« r Overseer ^ Passeyn ^Pemswan 13a CenMr (sun tiny err) M. Onwr ~ sP«•S'~ • craw Mrskln (Physician ten ~~ ~ am rme Centlw Ta Cy peal a m nYuq crone d maw wren abayr physician has ponouncea maw aW ampdea Mara 23) Y tlnowNaae, maw serums m• b the nuee(Q em me«yr ee stW4 _ _ _ _ _ _ _ Prorlwnctp an0 ceraykp pbyalclen (Physcun bow _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ `^" Ta nr beat a m p°nowco9 maw erq nnyaq b rouse d maw) 33c. Nurser y Mywleape, maw otc«rea M IM any. mM, am plan, W aw b we ceuegy am manner ac eyta~ _ _ _ _ _ - _ _ _ _ ^ A A ~. Wb 1 mY tau) ~ tNakd Eaaminerl C««y` ------ MDKOt 1~ 33 f D q o .~~, On ur baNe a enmindbn am I « Mvestiyatton, b my opuion, mam occwrea al ay tiny, mb, and pan, em Oue b ay uuWsl rM mercer ere wMQ. ^ ~ ~~ ~ ~~ d Peram Wtp aw 27) T /pray ~ ~ L a l .l I~ I l l ~ l =~ Fiea (Mara' my, ye«) e'~nee cu9 i~Notk /L4Rt> GrfYY/1° U. PA1~011 Dispnieon Parent No. 02510 _ N C J °=-? CL:.) LAST WILL AND TESTAMENT : _+~ r__-, 1r'~ ;7 =- ~__ ~ OF ~,-, _- J ~ DEAN H . FAILOR ~ -~ ~ ~' _. _~ _ -'_ c.~ :, .r s c.~z ~~ I, DEAN H. FAILOR, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to Edna M. Failor (hereinafter referred to as "My Spouse") and the children born of our marriage are John R. Failor and Donald E. Failor (hereinafter referred to as "My Sons"). 1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to My Sons living at my death in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot Page 1 of 6 Pages i C ~ 431453. ] be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give, devise and bequeath said residue to my issue living at my death, per stirpes. 3. SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. Page 2 of 6 Pages 4. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. 5. FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. Page 3 of 6 Pages (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (f) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (g) To compromise controversies. (h) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. 6. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I Page 4 of 6 Pages appoint my Executor hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 7. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 8. EXECUTOR APPOINTMENT. I hereby appoint My Sons, JOHN R. FAILOR and DONALD E. FAILOR, as Co-Executors of this Will. If for any reason either of them should fail or cease to act, the other shall act or continue to act with all of the powers granted to the two of them. All references in this Will to my "Executor" shall refer to my originally named Co-Executors, or the sole surviving Executor, as the case may be. 9. WAIVER OF BOND. My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Page 5 of 6 Pages IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, this ~~IIL~ _~,~~t' 2002. aQ_ ( SEAL ) Dean H. Fail r We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution the eof, the said Testator was of sound and disposing mind and mem y. (SEAL) Residing at: 4 (~~~~~ F~ ~ ( SEAL ) s~ Residing at: ~ ~Oc~ ~' ~j ~n lQ P~4 ~~ ®25 Page 6 of 6 Pages COMMONWEALTH OF PENNSYLVANIA , p •n' ~ . l SS COUNTY OF ~XYIV~C~ 1~"~ , We, DEAN H. FAILOR, -~~LL~ ~~{~,~R-~} and JPN~~ p61-ILIQ ~f'K_T , the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. c Dean '1 Wi W' es Subscribed and acknowledged before me by DEAN H. FAILOR, the Testator, and subscribed and sworn to before me by c~T~-~'y ~°'~,~S~T~} and ~WI ~ PJ~LIPI~oS1CY the witnesses, on this 4 day o~~ ~ ~, 2002. ~ , otary Public My Commission Expires: 2oe~~s.i (SEAL ) Notarial Seal Dlone R. Robir~te, ~ry public . My Commisslon' ~auphln ~"~, Facpires Sept. 30, 2002 Member, '»' d~ior- 07 Notaries