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Home My WebLink About10-26-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of J. Parker Fanus, File Number 21-11- ~ ~ `i Deceased Social Security Number 181-03-9985 Late of Hampden Township, Cumberland County, PA Petitioner, who is 18 years of age or older, applies for: Probate and Grant of Letters Testamentary and aver that Petitioner is the Executrix named in the last Will of the Decedent dated November 29, 2005. Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument 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 proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g). Decedent was domiciled at death in Cumberland County, Pennsylvania with his last principal residence at 5211 Terrace Road, Mechanicsburg, Pennsylvania 17050. Decedent, then 93 years of age, died on October 3, 2011, at 5211 Terrace Road, Mechanicsburg, Pennsylvania 17050. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 90.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $125.000.00 situated as follows: 5211 Terrace Road, Mechanicsburg, PA Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Henrietta F. Schlegel 5209 Terrace Road Mechanicsburg, PA 17050 .,.~ -n ._ .~ :~ ;~ ~ ;-T, ~:. ~ ^^ `J R , ' ~ tT ~ ~,,} ~x ~ _ ' ~ ~ _ ' ~Q~ ~ . 'p l~ r- :"Tl l~ ~'] ' ~j OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) The Petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that, as personal representative of the above Decedent, Petitioner(s) will well and truly administer the estate according to law. Swarn to or affirmed and subscribed be//f~~ore meth""in~s _~ day of T/ ~~ (.JC1) Q~G? l ~_ 2011 For the Register Henrietta F. Schlegel DECREE OF PROBATE AND GRANT OF LETTERS Estate of J. Parker Fanus, Deceased File Number 21-11- u`C~ AND NOW a(P~ VU (~ '~ ~-V ~ , 2011, in consideration of the foregoing Petition, satisfactory proof having been pr ented before me, IT IS DECREED that Letters Testamentary are hereby granted to Henrietta F. Schlegel in the above estate and that the instrument dated November 29, 2005, described in the Petition be admitted to probate and filed of record as the last Will of Decede~nlt~. FEES V Register of is Letters .................. $ Short Certificate(s) ........ $ ~, Attorney Signature: ~ Ren ciation(s) ........... $ Attorney Name: Wayne F. Shade, Esquire ::: $~~VIJ Supreme Court ID No.: 15712 $ ~~J ~(~ ... $ ... $ ... $ . $ $ TOTAL .......... $_~ Address: 53 West Pomfret Street Carlisle, PA 17013 Telephone: 717-243-0220 ~ ~' ~ r Ti L } h ~~~ ~° ~ J+ ~~ ~ ~. y ~~~: P.._.. i~~2 1.~ Q ~ . "T"i r r-a ~~_ Cr'7 ~`~' ~t , LAST WILL AND TESTAMENT ~ ~ ~, ~x ~'~, I, J. PARKER F.ANLTS, of the Township of Hampden, County of C berlaA+~1, ,~, ,~ ~ r. Commonwealth of Pen~isylvania, being of sound and disposing mind, memory and understanding, do makf:, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts, funeral expenses and expenses in connection with administration of my Estate be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my wife, RUTH A. FANUS, if slie survives me. THIRD. For thE; purposes of this my Last Will and Testament, a person shall not WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pem~sylvania 17013 be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. FOURTH. If my wife, RUTH A. FANUS, should fail to survive me, I give, devise and bequeath thf: residence in which I reside, subject to any liens then of record, at my date of death unto my daughter, HENRIETTA F. SCHLEGEL. If she should fail to survive me, I order and direct that my said residence be distributed as part of my residuary estate. FIFTH. All the rest, residue and remainder of my Estate, real, personal and WAYNE F. SHADE Attorney at Law 53 Wei Pomfret Street Carlisle, Pem~sylvania 17013 mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my daughter, HENRIETTA F. SCHLEGEL and my grandsons, JERRY B. BEAM and BRIAN B. BEAM, in equal shares. If any of them should fail to survive me, I give, devise and bequeath hip. or her share unto the one or more of them who shall survive me, in equal shares. SIXTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be ,paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My person<<1 representative shall have full power and authority to pay, compromise or settle ar.~y such taxes at anytime whether with respect to present or future interests. -2- SEVENTIi. Any and all decisions, determinations or actions made or taken by a personal representative hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate assets at anytime, in the absence of willful default. LASTLY. I nominate, constitute and appoint my wife, RUTH A. FANUS, to be the Executrix of this m}~ Last Will and Testament, but if, for any reason, she should fail to qualify as such Executrix or decline or cease so to serve, I nominate, constitute and appoint my daughter, HENRIETTA F. SCHLEGEL, and my grandsons, JERRY B. BEAM and BRIAN B. BEAM, to be the successive alternate personal representatives hereof, all to serve without bond. IN WITNESS Vb'HEREOF, I, J. PARKER FANUS, have hereunto set my hand and seal to this my Last Will and Testament which consists of five (5) typewritten pages to each of which I have affixed my signature, this 2 9th day of November , A.D. Two Thousand Five (2005). (SEAL) arker Fanus ' WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- The preceding ir.~strument, consisting of this and four (4) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by J. PARKER FANUS, the Testator therein named, as his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. ~~ Acknowledgment COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, J. PARKER F.~NUS, the person whose name is signed to the foregoing instrument, having beers duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by J. PARKER FANUS, this 2 9th day of November , 2005. J. arker Fanus WAYNE F. SHADE Attorney at Lsw 53 West Pomfret Stree~ Carlisle, Pennsylvania 17013 ~~ Notary P blic COMu I ALTH OF PENNSYLVANIA _4_ NOTARIAL SEAL CONNIE J. TRITT, NWary Public Carlisle Boro., Cumberland County M Commission October 5, 2E)08 Affidavit COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND We, WavnP F Shade and Helen H. Shade ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; 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 our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Wayne F. Shade and Helen H. Shade ,witnesses, this 29th day of November , 2005. w~ F Notary P lic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public Carlisle Boro., Cumberland County M Commission Expires October 5, 2008 WAYNE F. SHADE Attorney at Law 53 West Pomfret Sheet Carlisle, Pemucylvania 17013 -5-