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HomeMy WebLinkAbout03-22-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below,and in support thereof aver(s)the following and respectfully requests the grant of Letters in the appropriate form: David S.Feinberg Decedent's Information - �2� Name: Phyllis B.Feinberg File No: 21-13 cJ a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 03/05/2013 Age at Death: 89 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 1100 Grandon Way,Mechanicsburg 17050 Mechanicsburg Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Emeritus at Creekview,1100 Grandon Way,17050 Mechanicsburg Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania All personal property $ Unknown If not domiciled in Pennsylvania Personal property in Pennsylvania $ If not domiciled in Pennsylvania Personal property in County $ Value of real estate in Pennsylvania $ 70,800.00 TOTAL ESTIMATED VALUE $ 70,800.00 Real estate in Pennsylvania situated at 2300 Greensburg Pike,15221 Pittsburgh Allegheny (Attach additional sheets,if necessary.) Barton Drive,15221 Pittsburgh Allegheny Street address,Post Office and Zip Code City,Township or Borough County 2 A. petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 03/23/2007 and Codicil(s) thereto dated Norman A.Feinbera named Executor in Last Will and Testament passed away on 2127/13. David S.Feinbera was named successor Executor in Last Will and Testament. State relevant circumstances(e.g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. petition for Grant of Letters of Administration Of applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente life,durance absentia.durante minoritate 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. Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS ❑ EXCEPTIONS 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(attach additional sheets,if necessary): C "D rn • rri Name Relationship Address rn ri fM R) :"Y1 r1`I . • rrt Ci-) G> nri Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group.Inc. Page 1 of 2 a Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } COUNTY OF Cumberland } SS. RECORDED 3F7:!c i^ OF Petitioner(s)Printed Name Petitioner(s)Printed Address REGISTER yr r S David S.Feinberg 19 Cherish Drive ap r Camp Hill,PA 17011 U�i3 11(111 p 22 HFi 7 DLI CLERK u ; ORPHANS' UHT CLUMBERLAND Y.,.n,, P,',- 1 The•Petitioner(s)above-named swear(s)or affirm(s)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 cedept, er(s)wi well and truly administer the estate according to law. Swam to��orrr��affirmed and subscribed before f !!!((( Date 3 (2-2-' 1 3 me thiisso` day of ISth________, 001 Date By: c y-�rp J Qt I()1 S/' Date For the Register 1,V(/�j Date BOND Required? El YES © NO To the Register of Wills: Please enter my appearance by my signature below: FEES: Letters $ 155 Attorney Signature: ( 6 )Short Certificate(s) 9(.... ., // ( )Renunciation(s) ` L1^"c=, - - � ( )Codicil(s) ( )Affidavit(s) Printed Name: Carol Sikov Gross Bond Supreme Court Commission ID Number: 42092 Other W I, b I'7 Firm Name: Sikov and Love,P.A. t I' Vl I Address: 428 Forbes Ave.,Ste.1400 In h Qx re 4LY� i Pittsburgh,PA 15219 Phone: 412-261-4202 Automation Fee `7 JCS Fee 3, 50 Fax: 412-261-1455 TOTAL $ ,_'33 ,, c-) E-mail: csikovgross @sikovandlove.com DECREE OF THE REGISTER Date of Death: 03/05/2013 Social Security No: Estate of Phyllis B.Feinberg File No: 21-13 a/k/a: AND NOW, MaC C}n f L , (,10L , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to David S.Feinberg in the above estate and(if applicable)that the instrument(s)dated 03/23/2007 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.myc),Abad Register of Wills t!� Copyright(c)2011 form software only The Lackner Group,Inc. CPS), Pa of 2 At LAST WILL AND TESTAMENT OF PHYLLIS B. FEINBERG I, PHYLLIS B. FEINBERG, of Allegheny County, Pennsylvania,make this Will, hereby revoking all my former Wills and Codicils. FIRST: EXPENSES: I direct that the expenses of my last illness and funeral be paid from my estate as soon as may be convenient after my death. SECOND: TANGIBLE PERSONAL PROPERTY: I give all my tangible personal property,including,but not limited to, any and all automobiles, furniture, furnishings, china, silverware,jewelry, ornaments,works of art,books,pictures and wearing apparel,but excluding cash on hand and tangible evidence of intangible personal property to my husband,NORMAN A. FEINBERG, if he survives me for a period of thirty (30)days. If he does not so survive me,I give all such property equally to those of my children, DAVID S. FEINBERG, IRIS A. FEINBERG and EDWARD B. FEINBERG,who so survive me. Such property shall be divided among themcip o C) substantially equal proportions as follows: co rn -. c7 = (r) A. My Executor shall place a value on each item; 171 • CI B. Each child shall select in order of ages of the children, oldest first;or};e item at a time until the value of the item selected by him or hey toials then-._, Q.) C.) n value of his or her share. C. Any items not so selected, and the proceeds of the sale of any which my Executor chooses to sell,shall be divided among my children so that the total value of items and any cash item shall be divided in substantially equal proportions. Page 1 of 6 • THIRD: RESIDUE: I give the residue of my estate to my husband,NORMAN A. FEINBERG,if he survives me by thirty (30) days. If he does not,I give the residue equally to my children, DAVID S. FEINBERG, IRIS A. FEINBERG and EDWARD A. FEINBERG,who survive me by thirty (30) days. However, if a child does not survive me by thirty (30)days and leaves issue who so survive me, such issue shall receive,per stirpes,the share the child would have received had he or she so survived me. FOURTH: GUARDIAN: Any property passing under this Will to a person under twenty-one (21)years of age shall be paid to the surviving parent of that child as custodian under the Uniform Transfers to Minors Act for that beneficiary. If the surviving parent fails to act or ceases to serve,the custodian shall be that person named by my Executor. FIFTH: EXECUTOR: I appoint my Husband,NORMAN A. FEINBERG, as Executor of my Will. In the event that he is unwilling or unable to serve, I then appoint my son, DAVID S. FEINBERG, as successor Executor. SIXTH: FUDICIARY POWERS: A.No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties in any jurisdiction in which said fiduciary shall serve. B. Any such fiduciary shall have the following powers, in addition to those given by law: 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 investment; To sell, exchange,partition or lease for any period of time any real or personal property and to give options therefore for cash or credit,with or without security; Page 2 of 6 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 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;provided,however, that all such investments shall be so designated upon the record of my fiduciaries that the trust or estate to which such investments belong shall appear clearly at all times; To engage in litigation and compromise, arbitrate or abandon claims; To make distributions in cash,or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; To vote by person or proxy any and all stocks held in my estate and trust estate and to participate in any reorganization or merger of companies or corporations whose stock is so held; To delegate discretionary powers;to elect to receive the proceeds of any employee benefit plan in a lump sum or installment payments,without reimbursement or equitable adjustment in the relative interest of the beneficiaries affected thereby and without liability therefore, such actions to be binding and conclusive on all persons; To exercise any and all options to purchase stock;to make distributions of income and principal without court approval; 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; To retain uninvested cash, in such amounts and for such period of time as the fiduciary shall deem advisable for the proper administration of the property; To maintain reasonable reserves for depreciation,depletion, amortization and obsolescence; To amortize or not to amortize premiums and discounts on interest-bearing bonds and life obligations; and To determine"income"for the purposes of meeting my desire to benefit my children and grandchildren,such that the fiduciary may consistently apply "income" as so determined without regard to the state law. Page 3 of 6 C. With respect to any business interests which I may own at the time of my death,my Executors shall have the following powers: To disregard the principal of investment diversification and to retain any part or all of my business interests as long as they consider it advisable to do so; To sell any part or all of my interest in any business at such time or times, to such persons, including any persons who are Executors or beneficiaries hereunder, for such price and upon such terms as they may think advisable; To do anything that they may think advisable with respect to the operation,incorporation or liquidation of any such business, or any change in the purpose,nature or structure of any such business; To delegate authority to any director, stock holder,manager, agent, partner or employee, and to pay from the business adequate compensation to any such person; and To invest other estate or trust funds in such business;to pledge other assets of the estate or trust as security for loans made to such business; and to loan funds from the estate or trust to such business; and to borrow from any bank or other lending institution, including the banking department of my corporate Executor regardless of any rule of law with respect to conflicts of interest. SEVENTH: TAXES: 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, and any penalties or interest thereon, shall be paid by the Executor out of my residuary estate,without reimbursement from or apportionment among the beneficiaries,recipients or owners of such property for any such taxes,penalties or interest;provided,however,that the Executor shall not pay any such taxes,penalties or interest attributable to any property included in my estate solely because of a power of appointment there over which I possess, and such taxes,penalties or interest. The provision concerning payment of taxes shall not apply to generation skipping taxes on any property over which I have a general power of appointment for federal estate tax purposes. Page 4 of 6 EIGHTH: TERMS: Any term used in the singular or plural, or in the masculine, feminine or neuter form, shall be singular or plural, or masculine, feminine or neuter as a proper reading of this Will may require. IN WITNESS WHEREOF, I,PHYLLIS B. FEINBERG,have set my hand and seal this j 31`-� day of `\-\ d , 2007. Phyllis . Feinberg SIGNED, SEALED,PUBLISHED and DECLARED by the above-named Testator, PHYLLIS B. FEINBERG, as and for her Last Will and Testament in the presence of us,who at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. � �Ju cruoc.4z� Name Name Chu Awaiykt '\S ar Ss2� 9 0,1 3 99/ i(C, 13 6 X ( v woz c` -(s cV Si. 2 t5a a o 1/& FL 3 asi ktobbiciaiA ,,J (D-7 O, C' Address Address L--4 '‘° A:e"- Name /n41 //too oo J .d 4 CAtia 3O 30 Address Page 5 of 6 • .. • COMMONWEALTH OF PENNSYLVLANIA COUNTY OF ALLEGENY WE, PHYLLIS B. FEINBERG and (/ 7-e.S /Pa/`� //V it and /41?(1-e&` pa rest ,the Testator and witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn,do hereby declare to the undersigned authority that the Testator signed and executed the instrument as her Last Will and Testament and that she signed said instrument willingly, and that she executed it as her free and voluntary act for the purposes therein expressed,and that the witnesses,in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of their knowledge the Testator was at that time eighteen(18) years of age or older,of sound mind, and under no constraint or undue influence. Phyllis . Feinberg Witness ' Z Wig :07 4.%( Witness SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me,by Phyllis B. Feinberg, and by 010613 A O 6. ,`11r)0 c c-i 1d' 1 and rit win: jci,odlle:u),_• witnesses,this (77 =3 f-�' day of )1 la.kci,_ , 2007. NOTARIAL K , jg; mu LEE SAVARESE Notary Public CITY OFD,Pubac Ai t .. . 1- . 26, 2006 Page 6 of 6 i0.3i .1001ATON 323110142 331 040 nil Y1b'UO 0110/12,91404 AC) 31 ) ROOT O yoM • r, `1,14