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Home My WebLink About03-26-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of David G. Fisher also known as File Number ~/'/V ay/ Deceased Social Security Number 161-34-4075 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s}iefare the Executrices -ast Will of the Decedent dated December 27, 2009 and codicil(s) dated none (State relevant circamsmnces, e.g., renunciation, death of executor, etc.) ^' CJJ ~ " ~ ~:., i~, ;~ Except as follows, Decedent did not marry, was not divorced, and did not have a child both or adopted after execution of~ent~ffered_.:. °:,, for probate, was not the victim of a killing and was never adjudicated an incapacitated person: no exceptions _" ~7 pp ;;`_, ` ~ ri v N ~ ~ ~. Q B. Grant of Letters of Administration ({/'applicable, emer. c.t.a.; d.b.n.c.t.a.; pendentelite; darante absentia; dwante minoritate) (COMPLETE /NALL CASES:) Attach additional sheets ijnecessary. Mechanicsburg Borough, Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 311 E Elmwood Avenue Mechanicsburg Borough. Cumberland County. Mechanicsburg. PA 17055 (List street address, lover/city, township, county, state, stp code) Decedent, then 68 years of age, died on March 22, 2010 at Holy Spirit Hospital, East Pennsboro Township, Cumberland County Pennsvlvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 2~0. L~Oy (If not 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: A,~p t ~. Wherefore, Petitioner(s) respectfully request(s) the probate of the last W ill and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: / l ~ ~ I Kellie L. Fisher, 626 East 20th Street 8D, New York, NY 10009 j I/ J/ /~~// , D / /J ~1~ Mollie F. Arturi, 171 Manning Avenue, River Edge, NJ 07661 FormRW-O2 rev. lOJJ.06 Page 1 oft Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (/f Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Oath of Persoii~l Representative I n-nr r r; ~. rr~ -. ~-- n- ,r :. ,--- - ,,~,~ ~ c~ COMMONWEALTH OF PENNSYLVANIA ss Z010 MAR 26 AM 8= 29 COUNTY OF CUMBERLAND ; The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cor~~J~~~'t~'~~UpT the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will~fl (;,~ , pp, administer the estate according to law. Sworn to or affirmed and subscri ed before me the ~ ~~ day of ytarc _~~ l t'~ Register Signature of Personal Representative File Number: dl /' n/t~/LJ' C.J~'~ Estate of David G. Fisher ,Deceased Social Security Number: 161-34-4075 Date of Death: March 22, 2010 AND NOW, ~~~~ ~~D , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Kellie Fisher and Mollie Arturi in the above estate and that the instrument(s) dated December 27, 2009 described in the Petition be admitted to probate and filed of recor~a~ the lasj Will (anppCodicil(s)) of,~yjedent. 1 ~ FEES Letters ............... ~r#~~ ~~ Short Certificate(s) ...... .. $~~)t Renunciation(s) ... $ .. $~'JCJ .. $ .. $ .. $ .. $ .. $ . .. _ -~~ TOTAL ............ .. $ Supreme Court I.D. No.: 7120 Address: McNees Wallace & Nurick LLC Telephone: 100 Pine Street, P. O. Box 1166 Harrisburg, PA 17108-1166 717-237-5208 Form RW-01 rev. 10.13.06 Page 2 of 2 Attorney Name: Richard W. Stevenson, Esquire U~3i0 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 16245004 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 forwazded to the State Vital Records Office for permanent filing. ~{~ ~~C lfc ~ ~ t . ,. , /a3 / o Local Registrar Date Issued n o Cp p21 ,o Z _.~ rr ; ~ ~j f~~ ~ ~~~~ A ~ ' hil ~.-~ l.., .i7 r 37 _ n y,] (TOT ~. - ~~_ _~(-i ~ ' atesue xr=v nrmm 7rre, ~r a COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF HEALTH . VRAL RECORDS za~n a.rac ~ CERTIFICATE OF DEATH (Sw Inatructlona and azamPlaa on nveraa) •d .Fisher ~sr as~s..raMrw `°`"°"""d"°"."a' S„e,a,,,~ we.t wart aardem r rarer .Male 161 - 34 -4075 March 22 2010 ~+• a•n ~a, rmr. e0. nr, d Doer 68 vr. Odobar 2, 1941 Hanistwzg, Pa. Der, L~ en a.a a o.r~ a pa. aaa rp. a o.n m Fdrzr.rP~abw~ar,, bryW. ^ ~ f oup.+.+ ^ oa ^ wn ^ w.a.p ^ err-3pu,. ~.mrwr.ee.u arwom.aH,u.eaMe ^r. ma.z MmM1rn Ndrn Mak Mlir re Cumberland East Psanaboro Hoy Spirk Hospital °'""°"'' p6" c~ amen, zwe am .cl tAlhita tt.Oee.rzuxr aeararr mma 4 a r~ tz. wr oeomre nr b h is n.eesae eamdn Iso.dv aN rprr Pees ee•PaW to ~ er. ^ea a wen wrdaa~ref barr us ,aw r Ey„a+ar f g,~~y,r Wtzl atee..a anm, 70. SwFSq eom.e P me. d" mean rwp Ownsr Automotlve Cam. ^ a, CdeQi I'~ « a'I 4 Married Tame P. Paaons f0.0ep0rM'aMi9IAYm•la•r.ary~bmL rre. nDada Oe«drre 311 East Elmwood Ave tinb. .rar fwaan th Sra PA tn.^rr.OaMattiwtln te.w~rhrr~lr+r.:eaz.w..en 17055 em.cwq reunMelsn.e T0""'"°' +ra8'~~dtm.art Maehankaburg TMe. t0. Mollwe a0.nlRr. rea. nrienrnnrl Cgfeao Geo e C Fisher Jean J. Jackson m0. ermirr<. erer (rpe f Abu an ramm arp M0.r IS•.r.4f rn, r,r, a eeeN zn aaewa a ereean KNlle L. 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PP LAST WILL AND TESTAMENT OF DAVID G. FISHER 12/11/09 I, DAVID G. FISHER, of Mechanicsburg, Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE RESIDUE § 1.1 I devise and bequeath to my wife, TERRIE P. FISHER, if she survives me, an amount equal to the elective share of a surviving spouse under and subject to the provisions of 20 Pa. C.S.A. § 6201, et sec . I devise and bequeath the balance of my estate or all of my estate if My Wife does not survive me, per stirpes to my issue. ARTICLE TWO APPOINTMENT OF FIDUCIARIES § 2.1 I appoint such of my daughters, KELLIE FISHER and MOLLIE ARTURI, as are able and willing to serve, to serve as my Executrices or Executrix, as the case may be, and 'rf neither is able or willing to serve, I appoint such individual(s) as they or the survivor of them appoints as their or her successor, and if none, I appoint RICHARD W. STEVENSON to serve in their place. All references herein to the "Executor" shall mean my originally appointed Executrices or Executrix or my successor Executor or Executrix, as the case may be. § 2.2 I appoint my Executor(s) then serving hereunder as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any I'rfe insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE THREE POWERS OF FIDUCIARIES § 3.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 3.2 Any such fiduciary shall have the following powers, in addition to those given by law: § 3.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; § 3.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; § 3.2.3 To borrow money from any person, including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; § 3.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; § 3.2.5 To engage in litigation and compromise, arbitrate or abandon claims; § 3.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distrbutees on a -2- non-pro rata basis, and for such purposes to make reasonable determinations of current values; § 3.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; § 3.2.8 To join with My Wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by My Wife during my lifetime treated as having been made hall by me; § 3.2.9 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code ("My GST Exemption"), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death. Similarly, My Wife's Executor may allocate a portion or all of My Wrfe's exemption ("My Wffe's GST Exemption") from generation skipping transfer tax to property held hereunder of which My W'rfe is deemed transferor. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created hereunder. The Trustee is directed to divide any trust created under this Will into two (2) or more separate trusts, if necessary, to segregate the portion or portions of the trust or trusts created hereunder over which My GST Exemption or My Wife's GST Exemption has been allocated (the "GST Exempt Trusts") from the portion or portions of the trust or trusts created hereunder over which neither My GST Exemption nor My Wife's GST Exemption has been allocated (the "Non-GST Exempt Trusts"); provided, however, that any such separated trusts shall be held, administered and disposed of in accordance with the terms hereunder as identical trusts in all other respects; § 3.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE FOUR PROVISION FOR TAXES § 4.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax (solely for the purposes of this Article, -3- "Death Taxes"), and any penalties thereon, shall be paid by the Executor as follows: (a) if My Wife survives me, all such Death Taxes and penalties shall be paid out of the principal of the property, if any, disclaimed by My Wife and, if none or to the extent such disclaimed property is insufficient, from the principal of that portion of my estate disposed of by Article One of this Will; and (b) if My Wife does not survive me, all such Death Taxes and penalties shall be paid from the principal of that portion of my estate disposed of by Article One of this Will. All interest with respect to any such Death Taxes and penalties shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such Death Taxes, penalties or interest. Notwithstanding any provision of this Article to the contrary, the Executor shall not pay any such Death Taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property. ARTICLE FIVE PROVISION FOR DEBTS AND EXPENSES § 5.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate (solely for the purpose of this Article, "Debts and Expenses"), shall be paid as follows: (a) if My Wife survives me, all such Debts and Expenses shall be paid out of the principal of the property, if any, disclaimed by My W ife and, if none or to the extent such disclaimed property is insufficient, from the principal of that portion of my estate disposed of by Article One of this -4- Will; and (b) if My Wife does not survive me, all such Debts and Expenses shall be paid from the principal of that portion of my estate disposed of by Article One of this Will. ARTICLE SIX MISCELLANEOUS PROVISIONS § 6.1 As used in this Will, the term "Intemal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. § 6.2 If My Wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as 'rf My Wife had predeceased me. If any person, other than My Wife, and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as ff such person had predeceased me. § 6.3 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act (to include making the election under Section 5321 of the -5- Pennsylvania Probate, Estates and Fiduciaries Code to increase the termination date to age twenty-five [25]) or Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. § 6.4 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. § 6.5 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. -6- IN WITNESS WHEREOF, I have hereunto set my hand and seal this Z~ day of December, 2009. (SEAL) DAVID G. FISHER Signed, sealed, published and declared by the above named DAVID G. FISHER, as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. `-r • J L"~•/ Residing at ~l ~ ~1Ot~ft~e.~, ~~e ni~~~1.1~~~ ,~~ 1Zo65"- • 3t /Vlo„roe S ~~ cu.~ss ~~ Residing at ° i- ~ ~ d ~ ~~ t ?o t s -7- COMMONWEALTH OF PENNSYLVANIA • ss. COUNTY OF ~~~~ l~l1t~ We, DAVID G. FISHER, the testator, and. -f"~f IG«l. ~, ~ U QiY ~_ and ~`'(a{-~'~y~~? lYll,L~PirS ~~ ,the witnesses, whose names are signed to the attached or foregoing instrument, being first duly swom, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. DAVID .FISH ~~~ ~' ~~~ Witness W Itn~S Subscribed, swom to and acknowledged be r me by DAVID G. FISHER, the testator, end subscribed and swom to before me by rt ~ `e and Vl/LQY''f't /t ~ /~'I UerS ~7~i!' ,witnesses, this day of December, 2009. ~~ co~pNwEN.TM of aENNSr~v~ww Notary Public rw~rw sw MryNal pMOM~, NOrfy PIIbNC M,dr~^y eoro. Cu„Wrwd, (SEAL) arm ~• -8-