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Home My WebLink About09-28-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF cuM6ERLANo Estate of GUERN W. FEALTMAN also known as COUNTY, PENNSYLVANIA File Number OC.'' /I - ~a~o ,Deceased Social Security Number 195.3&9539 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor ,. named in the last Will of the Decedent dated SeMember 2z, 2ot t and codicil(s) dated r-~ `.-`' ' (State relevant circumstances, e.g., renunciation, death of ezecutor, etc.) '~ ~ ~j r\; ~"~ r~ 177 ~' , ,-- Except as follows, Decedent did not marry, was not divorced, and did not havc a child bom or adopted after execution of the inst~r~offered for probate, _: was not the victim of a killing and was never adjudicated an incapacitated person, and was not a party to a pending divorce proce~edj a dme death ._ wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323(8): `-~ _. , - TQ ~ f-- T B. Grant of Letters of Administration a -- `n Qfapplicable, enter: c.t.a.; db.n.c.t.a.; pendaue lire; durance absentia; durance minoritate) ~' (COMPLETE WALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumhedand County, Pennsylvania with his /her last principal residence at 104 Miller Street, Enola (Feat Pennatxxo Township), PA 17025 (List street address, tawn/ciry, township, county, slate, rip rnde) Decedent, Uten 03 years of age, died on September 24, 2011 at 104 Millar Street, Enola (East Pennsboro Township), PA 17025 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $15,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 105,000.00 situated as follows: 104 Millar Street. Enola, PA 17025 TOTAL $ 120,000.00 Form RW-02 rev. 10.13.06 Page 1 of 2 RW-02 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: (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.) Wherefore, Petitioner(s) rospectfully 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF C UM13 ~ R L AND SS The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and coaect to the best of the lmowledge 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 affirmed and subscribed the U' day of Q~~l ojPersona! Signature of Personal Representative (~ ^ rv the Register Signature of Personal Representative ?'*+ File Number: p~,/ ' ~~~1 ~~/~ ~ ~ GUi=RN Gl. ~i=ALTMAN ~' Estate of ,Deceased Social Security~Number: 1 9 5- 3$- 9 5 3 9 Date of Death: S e n t P mh o. n 9 d~ 9 IJ 1 1 ~~ rri -=> ~:_~ '~~ ~..~ - 4.' i -r- -n ,.~ C:. Jl ~] AND NOW / nstderati n of the foregoing Petition, satisfactory proof having been presented before e, IT hECI~ED t~~t Lett ~ ~~~21nLll~ are hereby granted to ~ l~S~/,tQ Ey. ~0 -j-~~gn in the above estate and that the instrument(s) dated ~ off, o~ ~ described in the Petition be admitted to probate and filed FEES Letters ............... ~~~ Short Certificate(s) ........ $~~ Renuncia ' n(s) .......... $ ~ ... $ ...$a~~ .. $ ..$ ..$ ..$ ..$ ..$ TOTAL .............. $ ' Supreme Court I.D. No.:6 4 4 8 5 Address: 109 L~cuat StKee# Hu2~.~,ebun.y, PA 17101 717-236-9301 Telephone: Form RW-02 rev. 10.13.06 Page 2 of 2 Attorney Name: ShefQy 1. Kunhe2. ~aqu~.~.e ~nS,unC R°.r; rni/n7i l/- /C~o 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 17802978 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. Local Re istrar Date Issued Certification Number f alasw LEY 11fd001 lY1FP aACa r a COMMONYVEALTH OF PENNSYLVANIA . DEPARTMENT OF HEALTH . VRAL RECORDS CERTIFICATE OF DEATH (Sbb Intprlletlolr:antl ~emplnonnwMSb) ~• _:_ `~. ~~ ~ rn h '~7 ~~~ PT1 'v ~.~; ~ , ~ z . ~tn~ ~ -: 7 -n ~ -i- ~C ~ ~ * ~ '~ ~ , _ i i ~ _ .n G STALE 19LE leelER :I.tblbaawlnrlgsl, nYla,,Yl,ail 28r aeoW S.raynaer aarnd Orb pdK M,.nW 6usrn W Feai6nan ' . 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Ulo~l~ lt'7~ l/' ~°~ ~. , n ~. o _ _ .~• ~ ;'°~7 rr,• _ : _zi.- ._y._„ i ter, ~ n j ~ ~~ L--~ ~ ~~r ~ .. ; ' - ~ r i J ~ ~ _ Crs ~ - . _ ; ~:," r %~ ~-., LAST WILL AND TESTAMENT A ~ -" `,n ~T OF ~' GUERN W. FEALTMAN I, GUERN W. FEALTMAN, of East Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and revoke any Wills and codicils previously made by me. .ARTICLE ONE Specific Beauest of Real Estate I give and devise my real estate situated at 104 Miller Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania, including all buildings and improvements thereon to my son, JOSHUA G. FEALTMAN, subject to any mortgages, liens, real estate taxes or other encumbrances thereon; or if my son does not survive me by thirty (30) days, my real estate shall form a part of the residue of my estate and be distributed in accordance with Article Two below. ARTICLE TWO Residuary Estate I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever nature and wherever situated as follows: A) 50% to my son, JOSHUA G. FEALTMAN, if he survives me by thirty (30) days, or if he does not so survive me, to his issue, per stirpes; and B) 50% to my son, DOUGLAS G. FEALTMAN, if he survives me by thirty (30) days, or if he does not so survive me, to his issue, per stirpes. Insofar as I have declined to provide for my daughter, REBECCA L. CALABRESE, such omission has neither been occasioned. by accident or mistake. ARTICLE THREE Payment of Taxes and Administrative Expenses I direct that all estate, inheritance and other death taxes (other than generation-skipping transfer taxes), and all interest and penalties thereon imposed by reason of my death with respect to property subject to such taxes by reason of my death, whether such property passes through my probate estate or outside of my probate estate, and payable to any federal, state or foreign taxing Wion Zulli & Seibert LAST WILL & TESTAMENT OF G UERN W. FEALTMAN Page 1 of 7 authority, whether payable by my estate or by any recipient of such property, and all my funeral expenses and estate administration expenses, shall be paid to the extent possible out of my residuary estate, passing under ARTICLE TWO hereinabove. ARTICLE FOUR Protective Provisions The principal of my estate and the income therefrom, so long as the same are held by my Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his/her interest in my estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE FIVE Powers of Executor In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executor shall have the following rights and powers exercisable without the need for court approval: (A) Accept and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together with any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. (C) Voting Rights. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. (D) Title To Property. To register or hold securities and/or other property in the name of a nominee or nominees, including that of a cleazing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. Wion Zulli & Seibert LAST WILL & TESTAMENT OF GUERN W. FEALTMAN Page 2 of 7 (E) Sale, Lease and Other Dealings with Property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law, and; to partition, subdivide, improve and impose any restrictions on real estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regazd to differences in the income tax basis of such properh~. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outrieht. In any instance where property would be immediately distributable to a beneficiazy of a trust, distribution may be made directly to such beneficiary without funding such trust. The receipt of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. (I) Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of A ents. To employ agents including attorneys, accountants, and others to perform administrative duties. (K) Disclaimer. To disclaim any interest in property which would devolve to me or to my estate by whatever means, including but not limited to the following means: as a beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee beneficiary of an inter vivos transfer, as a beneficiary under any insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. (L) Property Distributable to Minors and Persons Under a Disability. Any property (whether income or principal) distributable to a beneficiary of my estate who is under a disability may be paid directly to such beneficiary, to the pazent or guardian of such beneficiary, to a custodian selected by my Executor (other than my Executor) under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, or to persons caring for or having. custody of such beneficiary (other than my Executor), or may be applied for such beneficiazy's benefit by payment to such other persons, organizations or institutions (other than my Executor) as my Executor may select, and the receipt of any such payee shall be a full release therefor. The receipt of any such payments by any such person shall be a full acquittance of my Executor as to any amounts so paid. Any beneficiary hereunder shall be considered to be under a disability while under the age of twenty-one (21) years or at any time when, in the opinion of my Executor, such beneficiary is incapacitated in any way so as to be unable to properly manage his/her affairs. Wion Zulli & Seibert LAST WILL & TESTAMENT OF GUERN W. FEALTMAN Page 3 of 7 ARTICLE SIX Fiduciaries (A) Appointment of Executor. I appoint my son, JOSHUA G. FEALTMAN, as Executor of this Will (my said Executor and any successor Executor or co-Executors shall be referred to herein as my "Executors" or "Executor"). Upon the death, renunciation or resignation of my said son, I appoint my son, DOUGLAS G. FEALTMAN, to serve as successor Executor. (B) Miscellaneous. Any successor Executor shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original Executor. No successor Executor shall be obligated to examine the accounts, records, or acts of a previous Executor, as the case may be, nor . shall any such successor Executor in any way or manner be responsible for any act or omission to act on the part of any such previous Executor, as the case may be. (C) Securi No Executor serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which such fiduciary may be called upon to act. ARTICLE SEVEN Interaretation (A) Child. Children, Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. In applying any provision of my Will which refers to a person's "issue, per stirpes", the children of such person are heads of their respective stocks of issue, whether or not any child of such person is then living. (B) Survival Clauses. If any beneficiary hereunder should die within thirty (30) days after my death or within thirty (30) days after any other person the survival of whom determines such beneficiary's rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person, as the case may be, for all purposes hereunder. (C) Governing Law. This Will shall be construed and governed in all respects by and in accordance with the laws of the Commonwealth of Pennsylvania. (D) Gender and Number. Where appropriate except where the context otherwise requires, whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (E) Headin sg /Ca to ions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. Wion Zulli & Seibert LAST WILL & TESTAMENT OF G UERN W. FEALTMAN Page 4 of 7 IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of SEVEN (7) typewritten pages, including this attestation clause and the followin Acknowledgment and Affidavit, to be executed, declared and published this ~ah~ day of ~ , 2011, Enola, Pennsylvania. N On this ~.~ day of , 2011, GUERN W. FEALTMAN declared to us, the undersigned, that the for going instrument was his Last Will, and he requested us to act as witnesses to the same and to his signature thereon. He thereupon signed said Will in our presence, we being present at the same time. We now, at his request, in his presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto. By so doing, each of us declares that he or she believes this Testator to be of sound mind and memory. Witnesses: f.~- Witnes Witn ss Address: ~-~+-~ ~, Pte- /7~d ~ aC.. ~1~. a S 390 Wion Zulli & Seibert LAST WILL & TESTAMENT OF GUERN W. FEALTMAN Page 5 of 7 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: I, GUERN W. FEALTMAN, the Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly and that I signed it as my free and ~, voluntary act for the purposes therein expressed. GUERN W. FEALT Swom or affirmed to and acknowledged before me by GUERN W. FEALTMAN, the Testator this ~ day of~2~~~z~~~~ , 2011. C~'z'~~ (SEAL) Notar~'Public My Co ioL~res: OF PErVNSYLVMlU1 NOTARIAL SEAL KAY L. DWULET, Notary Public City osburg, Dauphin County March 19, 2014 Wion Zulli & Seibert LAST WILL & TESTAMENT OF GUERN W. FEALTMAN Page 6 of 7 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, ~~ S. ~(,~..~•~.a-2_~ and t"v- r+ f- c~~ a the witnesses, whose names are signed to the attached or foregoing instrument, bein duly qualified according to law, do depose and say that we were present and saw GUERN W. FEALTMAN, sign and execute the instrument as the Testator's free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and w that to the best of our knowledge, the Testator was at the time twenty-one (21) or more years of age, of sound mind and under no constraint or undue influence. Witness D~-x.+~.l L7 Witne s S or affirmed to acknowledged before me by ~ ~, ~k,.~.~ D and ~ t7Y+-~4 F. .~r+~eaoQ~,.A ,the witnesses, thi+~y of ~~ 2011. ~LL ZL-~.C; ~ (SEAL) Not Public My Commission Expires: WFJILTH PF PENN8YLVANIA NOTARIAL SEAL KAY L. DWULET, Notary Public City of Hamsburg, Dauphin County COmm~sion fNalr:tl 19, 2'014 Wion Zulli & Seibert LAST WILL & TESTAMENT OF GUERN W. FEALTMAN Page 7 of 7