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BEFORE THE REGISTER OF WILLS OF
;
CUMBERLAND COUNTY, PENNSYLVANIA r,o
Estate of Walter C. Fitting
No: Not Yet Assigned Z - 06q2
PETITION TO ADMIT A COPY OF THE ORIGINAL WILL TO PROBATE
The Petition of April Crisamore, Executrix of the Estate of Walter C. Fitting
("Petitioner") respectfully states that:
1. Petitioner is the daughter of Walter C. Fitting ("decedent") who died on February 6,
2013 and who was a resident of 62 S. High Street,Newville, Cumberland County, Pennsylvania.
2. Decedent's sole heir is Petitioner, April Crisamore.
3. On September 9, 1997, decedent executed a Last Will & Testament which was
prepared by decedent's attorney, Major Thomas G. Kane. Decedent executed the Last Will &
Testament at the ofice of his attorney, Major Thomas G. Kane, in his presence and in the
presence of Susan M. Fritz, Pamela A. Arnold and Marie Thomas, who acted as subscribing
witnesses. Petitioner is a beneficiary under the Last Will & Testament and is named as the
Executrix. A copy of said Last Will &Testament is attached hereto as Exhibit A.
4. April Crisamore, Petitioner, has searched for, but is unable to locate,the original Last
Will &Testament of Decedent dated September 9, 1997.
5. Petitioner believes the original Last Will & Testament is in the possession of the
United States military. Furthermore,the original Last Will & Testament was completed by a
JAG Officer in the United States military and Petitioner was unable to obtain the original Last
Will & Testament from the military.
WHEREFORE, Petitioner respectfully requests that a citation be awarded to Petitioner to
allow a copy of the Last Will & Testament of Walter C. Fitting to be used to in Probate Court so
that a Short Certificate may be issued.
Respectfully submitted,
Dated:
JAN M. WILEY, ESQUIRE
#6928
The Wiley Group
3 N. Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Attorney for Petitioner
LAST WILL AND TESTAMENT
OF
WALTER C. FITTING
I , WALTER C. FITTING, Social Security Number 185-34-8684 , of the
State of Pennsylvania, declare that I am a member of the United States
Armed Forces and that I am currently living in Millerstown,
Pennsylvania pursuant to Military Orders . I declare that this is my
LAST WILL AND TESTAMENT and I revoke all other wills and codicils
previously made by me .
FIRST: I appoint my daughter, APRIL L. CRISAMORE as my Personal
Representative concerning this Will . If my daughter, APRIL L.
CRISAMORE is unable or fails to serve, I then appoint my friend, JULIE
A. CHARLES to serve as my Personal Representative.
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by 1'aw. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave) , and written charitable pledges which I have made . I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate .
C . All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses . My
Personal Representative may pay such taxes at any time deemed
advisable, whether or not then due and payable .
d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to pay or
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters .
PAGE 1 LW�1��A �/X17
OF 5 PAGES
e . I have served in the Armed Forces of the United States .
Therefore, I direct my Personal Representative to consult with a Legal
Assistance Attorney at the nearest military installation and with the
Department of Veterans Affairs and the Social Security Administration
to ascertain if there are any benefits to which my family members are
entitled by virtue of my military service .
f . I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND : I hereby make the following specific bequests :
a . To my daughter, APRIL L. CRISAMORE, I give my interest in
property I received from my father, WALTER C. FITTING, SR. (Deceased)
at the time of his death located at 319 and 321 Harrison Avenue,
Scranton, Pennsylvania
b. To my friend, JULIE A. CHARLES, I give my share of any
cash received as the result of the settlement of my father, WALTER C.
FITTING, SR. ' s estate.
C . To my friend, JULIE A. CHARLES, I give any vehicles and
firearms within my possession at the time of my death.
THIRD: I give, devise and bequeath, absolutely and forever, all of
the rest, residue and remainder of my estate and property of which I
may be seized or possessed, or to which I may be entitled, at the time
of my death, wherever situated or of whatever nature, be it real,
personal, or mixed, to my daughter, APRIL L. CRISAMORE and my friend,
JULIE A. CHARLES, in shares of substantially equal value to be divided
as they may agree .
a. If any of the persons named in this paragraph shall not
survive me, then the share of that deceased person shall go to the
descendants of that person, who are to take per stirpes and not per
capita. If any of the persons named in this paragraph shall not
survive me and shall not be survived by any descendants, then the share
of that deceased person shall be distributed to those persons named in
this paragraph who survive me and the descendants of any of the persons
named in this paragraph who fail to survive me, in the manner set forth
above .
PAGE 2
OF 5 PAGES
b. If they are unable to agree, the division among the
persons named in this paragraph and the descendants of any of those
persons named in this paragraph who fail to survive me shall be made by
my Personal Representative, in that person' s sole and absolute
discretion. I empower my Personal Representative to sell any or all of
such property, if such property is not distributed in kind hereunder,
and to distribute the proceeds among the beneficiaries under this
paragraph in substantially equal shares . Any determination of my
Personal Representative as to what should pass or be sold under this
paragraph and to whom it should pass or be delivered or at what price
it should be sold shall be conclusive .
FOURTH: If any beneficiary to any share of my estate which is not
subject to the provisions of any trust which may be created by this
will is at the time of distribution of his or her share, a minor under
the laws of his or her domicile, I direct that the minor' s share be
converted into qualifying property and delivered to the minor' s
Guardian as Custodian for the minor under the Uniform Gifts to Minors
Act or the Uniform Transfers to Minors Act as may then be in effect in
either the state in which the beneficiary or the Custodian resides, or
any other state of competent jurisdiction.
a . The Uniform Gifts to Minors Act or The Uniform Transfers
to Minors Act , as may then be in effect in the state concerned, is
hereby incorporated by reference . The property affected by the Act
shall be managed, held, and distributed in accordance with the
provisions of the Act .
b. The financial custodian will serve without bond or surety
and without intervention of any court, except as required by law.
C . The receipt by the Custodian, for the minor, of any
principal or income transferred pursuant to this paragraph shall be a
full acquittance and discharge of my Personal Representative or
Trustee, as applicable, from liability with respect to such transfer
and from further accountability for the principal or income so
transferred.
FIFTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not . Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake . I specifically intend to omit my spouse, MARGO
B . FITTING. I only wish her to receive such share as required by law
and no more . It is my intention to totally disinherit her from this
will .
n/ PAGE 3
��� OF 5 PAGES j
SIXTH : Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly,
SEVENTH: Definitions :
a . The term "children" as used in this Will includes adopted
and afterborn versons . The term "children" as used in this Will shall
not include step-children, the natural born or adopted children of a
person' s spouse who -are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this Will .
b. The term "descendants" as used in this Will means the
immediate and remote lawful , lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
C . The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
d. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
EIGHTH: In addition to any powers granted by the laws of the
state in which this will is probated, I hereby authorize and empower
the fiduciaries named in this Will, to the extent of the discretion
herein granted, to sell, exchange, convey, transfer, assign, mortgage,
pledge, lease or rent the whole or any part of my real or personal
estate, to invest, reinvest , or retain investments of my estate, to
perform all acts and to execute all documents which my fiduciaries may
deem necessary or proper in regard to my property. If any of my
fiduciaries elect to receive compensation for services, such
compensation will be that allowed by law.
PAGE 4
OF 5 PAGES L7YS_ azi
NINTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative . My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative .
IN WITNESS WHEREOF, I have- at Fort Indiantown Gap,
Pennsylvania, on September 9, 1997, set my hand and seal to this my
LAST WILL AND TESTAMENT, consisting of 5 typewritten pages, each page
bearing my handwritten signature .
This document was prepared under the authority of 10 U.S .C,
section 1044 , and implementing military regulations and instructions,
by Major Thomas G. Kane, who is licensed to practice law in the State
of Ohio and the Commonwealth of Pennsylvania.
(SEAL)
WALTER C. FITTING
The foregoing instrument was, at Fort Indiantown Gap,
Pennsylvania,
on September 9, 1997, signed, sealed, published and declared by WALTER
C. FITTING, the testator, to be his LAST WILL AND TESTAMENT in the
presence of all of us at one time, and at the same time we, at his
request and in his presence and in the presence of each other, have
hereunto subscribed our names as attesting witnesses, and we do so
verily believe that the said testator is of sound and disposing mind
and memory at the date hereof .
S�tSa 1J M . FWT� l ame/a ,y 1vAl
Sec . Sec .No. Soc.Sec .No. Soc .Sec .No.
OF J E)SNNOM , PA OF�7LC�keh1S1 -P/n'` OF
OF
PAGE PAGES �/
COMMONWEALTH OF PENNSYLVANIA
LEBANON COUNTY
ACKNOWLEDGMENT
I, WALTER C. FITTING, 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.
2'z1&— /Ag4 - (SEAL)
WALTER C. FITTIN
AFFIDAVIT
/)we, SUS
�/AN M - FRITH p4md r A. �ydl� and
1 7/A' Qi e C71 ' 19177 $ , the witnesses, sign our names to this
instrument, 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; 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 18 or more years of age, of
sound minld, and under no constraint or undue in luence .
i�'�J
[�i�nnJ1L Y11 dz__ 2v f� a ccC ��1Y� QC
fitness Witness Witness
Subscribed, sworn to and acknowledged before me by WALTER C.
FITTING, the testator, and subscribed and sworn to before me by
SU F Ec( ✓r, J,, 14111)ol / and
Q!/ the itnesses, on September 9, 1997 .
NOARY P C My Commission Expires : !z Zcto
Notarial seal
Norman E.Pickering,Jr.,Notary Public
Union Twp.,Lebanon County
My Commission Expires June 12,2000
Member,Penncvlvania ASSnchri���r ein—i,q