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Home My WebLink About03-04-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF C u m b e r 1 a n d COLTNTY,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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: F r e d A • G e t t y s File No: �� " � �a; (Assigned by Register) a/lc/a: �a: Social Security No: Date of Death: 2�2 4/2 014 Age at death: 8 2 Decedent was domiciled at death in C u m b e r 1 a n d County, P A (State)with his/her last principal residence at 1950 Chestnut St 17011 Camp Hi 11 Borough Cumberland Street address,Post OYfice and Zip Code City,Townslup or Borough County Decedent died at 503 N 21st Street 17011 Camp Hi 11 �umberland 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 $ 5��0•0� If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $ Ijnot domiciled in Pennsylvania.............................Personal property in County $ Value ojreal estate in Pennsyivania...................................... ...................... $ 2 4 2,D 0 0•�0 TOTAL ESTIMATED VALUE.... $ 2 9 2�0�0 •�0 RealestateinPennsylvaniasituatedat: 3OO Cornman Road 1701,3 North f7iddleton TWnsh Cumberland (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition foc Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 5/1/2��6 and Codicil(s) thereto dated 1/6/2 01�2 State relevant circumstances(�g.renunciation,death ojexecutor,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 0 EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.�a. or�b.n.c.�a.,enter date of Will in Section A above and comulete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. C1 NO EXCEPTIONS O 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): "� Name Relationship Addre - � � � � �� . � �; , �r= ,,,,`° � " . �`.+ , .. �'� �� _ :'� ""' .�. �`--+ „ � � � ,;�y ��» � �� Form RW-O2 rev.10/11/2011 P1g8 1 Of 2 Uath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } � �` } SS: ,� COUNTYOF Cumberland } �c rn; �:-, � Petitioner(s)Printed Name Petitioner(s)Printed Address � �"� � 1950 Chestnut Street .�;�' � ;; Yvonne W• Gett s Cam Hill ��''�A 11 � � � � � =�3 � -- � "•--"X. *,s -- � 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 Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to r u�med bscri ed be e Date ��'�f �� me this ay�o Date By: Date F th Register Date BOND Required: ❑ YES � NO To the Register of Wills: FEES: Please enter my appearance by my signature 6elow: Letters. .......... .......... .. $ Attorney Signature: ( )Short Certificates(s) .. ... . ( )Renunciation(s)........ . . ( )Codicil(s) ....... .... ... � ( )�eda�it(s)........ ..... David H Stone, Es uire Bond ......... .... .. ......... . Printed Name: • q Commission . ..... ... ... . .. ... Supreme Court Other ,. . . ,. . , . ID Number: 3 9 7 8 5 �"" "" FirmName: Stone LaFauer 8 Shekletski " " "" ' Address: 414 Bridqe Street � � �� •• • P • 0 • Box E ••� � �� New Cumberland PA 17070 . ... . . .. . Phone: ?17—?74—?435 . ...... . . F�: ?17—??4-3869 Automation Fee .......... . ... . .. Email: d S t 0112 a�S t 011218 W•n e t JCS Fee ................ . ... ... TOTAL ................. .....$ DECREE OF THE REGISTER t of Fred A • Gett s FileNo; ��^ � " � Ests e a/lc/a: AND NOW, , ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters T e s t a m e n t a r y aze hereby granted to Y v o n n e W• G e t t v s in the above estate and(if applicable)that the instrument(s)dated 5/1/2 0 0 b a n d 1/6/2 D 12 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wills Form RW-02 rev.10/11/2011 Page 2 Of 2 , � Last Wili and Testament of Fred A. Gettys I, Fred A. Gettys, a resident of Lee County, Florida, revoke any prior wills and codicils made by me and declare this to be my Last Will and Testament. Article One � � Family Information � �� I am married to Yvonne W. Gettys. ��` �.. �.,�, � ,' J I have three children. Their names are: � `, � ��;�� .... ,�� Krista Johansen; - .�, -;; �� . .4J�i, Lisa Sheaffer; and � � Jana Siegel All references in my will to "my children" are references to these children, as well as to any children subsequently born to me or adopted by me in a legal proceeding valid in the jurisdiction (domestic or foreign) in which it occurred. Although the following named individuals are not members of my immediate family, I have made provision for them in my estate plan: Name Relationship Stephen Johansen, Jr. Grandson Lauren Johansen Granddaughter Michael Johansen Grandson Brett Siegel Grandson Corryn Siegel Granddaughter Mark Siegel Grandson Article Two � Distribution of My Property Section 2.01 Disposition of Tangible Personal Property I direct that my Personal Representative shall distribute my tangible personal possessions according to a separate "Personal Property Memorandum" or other similar writing, which shall be signed by me and kept with my personal records. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. If no written letter or Last Will and Testament of Fred A. Gettys Page 1 � r memorandum which qualifies as a distribution list for tangible personal propert� under Florida law is found and properly identified or presented to my Personal Representative (i) within sixty (60) days after Letters of Administration, or its equivalent, are issued in my Estate; or(ii) within ninety (90) days following my death if my Estate is such that no Letters of Administration will be issued, it shall be conclusively presumed that no such letter or memorandum exists and any subsequently discovered letter or memorandum shall have no force and effect, in which case, the Personal Representative shall liquidate and distribute such items to my beneficiary(ies) as my Personal Representative deems best. If any items of tangible personal property I happen to own are not mentioned in such list, such items shall become part of my living trust. If any such gift shall lapse, then such items shall become part of my living trust. Section 2.02 Pour-Over to My Living Trust All of my probate estate, excluding any property over which I might have a power of appointment, and after payment of expenses and taxes which are paid pursuant to this will, I give to the then acting Trustee of the Fred A. Gettys Revocable Living Trust dated Apri128, 1994 as restated on , 2006 and executed prior to this will, to be added to the property of that st. I direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Section 2.03 Alternate Disposition If the trust referred to in Section 2.02 is not in effect at my death, or if for any reason a Court of competent jurisdiction shall declare said Trust to be ineffective for disposition of the assets of my probate estate, or if for any other reason the pour-over cannot be accomplished, I give all of my probate estate to my Trustee named in such, to be held, managed and distributed in the manner set forth in such trust for the period beginning with the date of my death, giving effect to all then existing amendments of such trust that shall be valid, and in any event, giving effect to all terms of such trust now in effect; and for those purposes, I incorporate by reference such trust as it now exists into will. Article Three Designation and Succession of Fiduciaries Section 3.01 Personal Representative I nominate Yvonne W. Gett�s as my Personal Representative. If Yvonne W. Gettys fails or ceases to act as my Personal Representative, I nominate Krista Johansen, Lisa Sheaffer and Jana Siegel,jointly, or the survivor(s) of them as my successor Personal Representative. Section 3.02 Appointment of Substitute or Special Personal Representative If for any reason my Personal Representative is unwilling or unable to act as Personal Representative for any purpose, or with respect to any provisions of my will, my Personal Representative shall appoint, in writing, an individual, a bank, or a trust company that is not related or subordinate within the meaning of Section 672(c) of the Internal Revenue Code to act as a substitute or special Personal Representative for such purpose or with respect to such provisions, and may revoke any such appointment at will. Last Will and Testament of Fred A. Gettys Page 2 „ , , Each substitute or special Personal Representative so acting shall exercise all administrative and fiduciary powers granted by my will unless expressly limited by the delegating Personal Representative in the instrument appointing such substitute or special Personal Representative. Any substitute or special Personal Representative may resign at any time by delivering written notice to my Personal Representative to that effect. Article Four Powers of Fiduciaries Section 4.01 Grant My Personal Representative may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my Personal Representative may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My Personal Representative may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My Personal Representative may distribute the assets of my estate in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My Personal Representative may hold in nominee form, continue businesses, carry out agreements and deal with itself, other fiduciaries and business organizations in which my Personal Representative may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Section 4.02 Powers Granted by State Law In addition to all of the above powers, my Personal Representative may, without prior authority from any court, exercise all powers conferred by my will or by common law or by Florida Statutes, Sections 733.601, et. seq. or other statute of the State of Florida or any other jurisdiction whose law appli�s to my will. My Personal Representative shall have absolute discretion in exercising these powers. Except as specifically limited by my will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Section 4.03 Distribution Alternatives My Personal Representative may make any payments under my will: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; Last Will and Testament of Fred A. Gettys Page 3 � y � � To the beneficiary's guardian, conservator or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully discharge my fiduciaries. Article Five Administrative Provisions Section 5.01 Court Proceedings If any trust is established under my will that trust shall be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested parties or as otherwise provided by law. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any bond is required by any law, statute, or rule of court, no sureties be required. Section 5.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 5.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary Personal Representative is unable or unwilling to act as an ancillary fiduciary, my domiciliary Personal Representative shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary Personal Representative may delegate to such ancillary fiduciary such powers granted to my original Personal Representative as my Personal Representative may deem proper, including the right to serve w�thout bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary Personal Representative. Article Six Taxes, Claims and Expenses Section 6.01 Payment of Death Taxes, Claims and Expenses The Trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my Personal Representative to consult with the Trustee to determine which such expenses and Last Will and Testament of Fred A. Gettys Page 4 claims should be paid by my personal representative from property passing under my will, and which such expenses and claims should be paid by the trustee from the trust. I direct my Personal Representative to follow any instructions contained in the Fred A. Gettys Revocable Living Trust in making any tax election, including, but not limited to, the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside my will be apportioned and paid in the manner provided in the Fred A. Gettys Revocable Living Trust, and I incorporate the tax apportionment provisions of the Fred A. Gettys Revocable Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax marital or charitable deductions. Section 6.02 Tax and Adnunistrative Elections My Personal Representative may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my Personal Representative shall determine otherwise, in the discretion of my Personal Representative, or unless required by law. My Personal Representative, other than my wife or any beneficiary, may, in its sole and absolute discretion, elect to have all, none, or part of the property comprising my estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b)(7) of the Internal Revenue Code (the "QTIP Election") and for any state death t� marital deduction under the law of any state (the "state QTIl' Election"). If no one other than my wife or a beneficiary is nominated to serve or is serving as Personal Representative, the personal representative shall nominate, in writing, an individual, a bank, or a trust company that is not related or subordinate within the meaning of Section 672(c) of the Internal Revenue Code to act as a special Personal Representative whose sole responsibility shall be to elect to have all, none, or part of the property comprising my estate qualify for the QTIP Election. The nomination of the special Personal Representative may be made before or after my Personal Representative is appointed. My Personal Representative shall be indemnified and held harmless from any loss, claim or damage incurred by it as a result of any action taken by a beneficiary against my Personal Representative arising out of my Personal Representative's decision to make or not make the QTIP election with respect to any portion of the property comprising my gross estate. My Personal Representative is expressly authorized to use the property comprising my probate estate to reimburse any costs or expenses incurred by my Trustee in defending against any legal action, whether threatened or actual, arising under this provision. Alternatively, my Personal Representative may direct the Trustee of my living trust to reimburse such costs or expenses. Any t� paid as a result of the inclusion in my taxable estate of property held in a qualified tenninable interest property(QTIP) trust created for me by my wife shall be apportioned to and collected from the qualified terminable interest property (QTIP) as provided in Section 2207A. However, my Personal Representative shall have the discretion to waive such right of recovery. Last Will and Testament of Fred A. Gettys Page 5 , , , , To the extent my wife's will or other governing instrument provides for payment of such t�,my Personal Representative shall pursue any right of reimbursement in a manner consistent with that provision. My Personal Representative shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercise of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my will shall be determined by the laws of Florida. Section 7.02 No Contract to Make Will I have not entered into any contract, actual or implied,to make a will. Section 7.03 Contest Provision If, after receiving a copy of this paragraph, any person shall in any manner, directly or indirectly, attempt to contest or oppose the validity of my will or my living trust, including any amendments thereto, or commences, continues or prosecutes any legal proceedings to set my will or living trust aside, then such person shall forfeit his or her share, cease to have any right or interest in my property, and shall for the purposes of my will be deemed to have predeceased me. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable or marital deduction. Section 7.04 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, if appropriate. Section 7.05 Headings and Titles The headings and paragraph titles are for reference only. Section 7.06 Internal Revenue Code,IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Section 7.07 Other Definitions Except as otherwise provided in my will,terms shall be as defined in the Florida Probate Code as amended after the date of my will and after my death. Last Will and Testament of Fred A. Gettys Page 6 � , , , . � Section 7.08 Survivorship For purposes of this will, if I in fact survive my wife by any period of time or if the order of our deaths is not known, then I shall be deemed to have survived my wife. Any other beneficiary shall be deemed to have predeceased me if such beneficiary dies within 5 days after the date of my death. Section 7.09 Severability If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Last Will and Testament, at Fort Myers,Florida,this , 20� . ._----- r Fre A. Gettys, Testator The foregoing instrument was subscribed, sealed, published and declared by the above-named Testator to be the Last Will and Testament of said Testator in our presence, and we, at said Testator's request, and in said Testator's presence, and in the presence of each other, have hereunto subscribed our names as wimesses at the place and on the date last above mentioned. RESIDING AT � � S � �- M � RET K. DEPEW Print Name • � RESIDING AT ( • . $� Print Name Last Will and Testament of Fred A. Gettys Page 7 , . . � . STATE OF FLORIDA ) )ss.: COUNTY OF LEE ) I, FRED A. GETTYS, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses,that I signed this instrument as my Last Will and Testament. . Fred A. Gettys, Testator We, MARGARET K. DEPEW and AMY M. BiAS , have been sworn by the officer signing below, and declare to that officer on our oaths that the Testator declared the inshument to be the Testator's Last Will and Testament and signed it in our presence and that we each signed the instrument as a witness in the presence of the Testator and of each other. �^ WITNESS , � � L C \ 11\LIJU Acknowledged and subscribed before me by the Testator, FRED A. GETTYS, who is personally kr�own to me or who has produced �� - as identification, and sworn to and subscn ed before me by the witnesses, wh is ersonally known to me or who has produced as i enti ica ion, �Y M. 61AS who is personally known to me who has produced �� - as i entification, an su scn e �me in the presence of the Testator and the subscribing witnesses, all on this ' �, � , 2q[�. . NOTAR LIC, State of Florida My commission expires: ,,,,,,�"•,, CRIUG R.HER�FI �1.p� •, ,,�.��M��•",�s. CqAlb R.HER3�1 `;x� �'�*= MY COMMISSION�DD 093284 � :� My ;�.-;W:,�� EXPIRES:June 18,2006 COMMISSION#�DD 093284 .,j-.',��,.'•..F;.e�� o�ed mn,r�ota�y Pud�c underrrruers � , �� EXPIRES:June 18, „_..'°�,�.". ti��(� BOf��IfU�fYPI�P,(�g .:-.w.xi�.,s. Last Will and Testament of Fred A. Gettys Page 8 �, � t Z:\EP\WILLS\Gettys.Fred 1-2012 Codicil.wpd • , CODICIL TO THE LAST WILL AND TESTAMENT OF FRED A. GETTYS I, FRED A. GETTYS, of the Borough of Camp Hill, Cumberland County, and Commonwealth of Pennsylvania, declare this to be the Sole Codicil to my Last Will `and Testament dated August 30, 2002 . ITEM I : There should be a new Item in my Last Will and Testament, known a Item III (A) , which shall provide as follows : "Item III (A) : I devise and bequeath my interest � as a General Partner in Gettys Ventures Family Limited Partnership to my grandson, STEPHEN R. JOHANSEN. " ITEM II : In all other respects I hereby ratify, confirm and republish my Last Will and Testament dated August 30, 2002, together with this my sole codicil. IN WITNESS WHEREOF, I have hereunto set my hand and seal this � day of 5�.,��.� , 2012 . . FRED A. GETTYS � � . �� ► �'~,► , _ �' �3 �C;;�3�..�,� . .:�.�i't �,.,t:,�'-f��`i C1'x"� � ��Cm:� ��'�:�`'.� �.. �► �...�� ...., � �� . � � �� ,� ,�,,, �_... � •• � �� Page 1 of 3 �"� � � . . . SIGNED, SEALED, PUBLISHED and DECLARED by FRED A. GETTYS, the. Testator above named, as and for a Sole Codicil to his Last Will and Testament, and 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 . 414 BRIDGE �T. , NEW CUMBERLAND, PA Wi `'riess Address 414 BRIDGE ST. , NEW CUMBERLAND, PA W' ness Address COMMONWEALTH OF PENNSYLVANIA) ) SS. COUNTY OF CUMBERLAND ) I, FRED A. GETTYS, 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 this instrument as a Codicil to my Last Will; that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein contained. � FRED A. GETTYS Sworn to or affirmed to and acknowledged before me by FRED A. � �---�. GETTYS, the Testator, this � day of .� , 2012 . y` COMMONWEALTN af PENNSYLVANIA EA�- Notary Public �p,ROL L.TROXEt.t.�Notary Public New G�n�e��°'�p�27n2013� . Page 2 of 3 � � , w � COMMONWEALTH OF PENNSYLVANIA) ) SS. COUNTY OF CUMBERLAND ) W e, ;�av�� . '�'p�.x� a n d L�t.��/ 'P`. '��'�k.v t he witnesses, whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were pre�ent and saw Testator sign and execute the instrument as a Sole Codicil to his Last Will and Testament; that Testator signed willingly and that he executed it as his 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; that to the best of our knowledge, the Testator was at the time eighteen years of age or more, of sound mind and under no constraint or undue influence. Witness itness Sworn or affirmed to and subscribed to before me by `�c'�:C� t�-�1t�,, a nd �4Y�Y\�� , w i t ne s s e s, this � day of , 2012 . ,,\ COMMONWEkLTW OF PENNSYLVANIA Notary Publ ic CAROL L.TRC�XEL.L,,Notsry Public New C�ufiE�eriand Boro.Cumberland Co. Page 3 of 3