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Home My WebLink About02-24-14 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: Larry Fahnestock Decedent's Information )� �y Name: Julienne Fahnestock File No: 21-14 / a/k/a: Julienne Lee Fahnestock (Assigned by Register) alIda: k Gn e. a/k/a: Date of Death: 12108/2013 Age at Death: 5o Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 12 Broadmoar Drive,Mechanicsburg 17055 Upper Allen Cumberland Street atltlress,Post office and Zip Code City,Township or Borough County Decedent died at 111 South Front Street,Harrisburg,17101 Harrisburg City Dauphin 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 $ 30,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ TOTAL ESTIMATED VALUE $ 30,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,iroacessaw) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executors)named in the Last Will of the Decedent,dated 0312812011 and Codicil(s) thereto dated 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 (It applicable) c.t.a.,d.b.n.,d.b.n.c.ta.,pedente lite,durante absentia.durante minodtate If Administration,c.ta 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): Name Relationship Address ' r y D L_? Form RW-02 2v 10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioners)Printed Name Petitioner(s)Printed Address Larry Fahnestock 12 Broadmoor Drive Mechanicsburg,PA 17055 The Petitioner(s)above-named swears)or affirms)the statements in the foregoi. Ing Petition re and correct to the best of the knowledge and belief of Petitioners)and th ,as Personal Representative(s)of the dent, one �wi�I�y,'n��{oenAT u y administer the estate according o la Sworn t ed ands abed before 1��- ! i Date •�`^ meth ay !.lfG Date By: Date orthe ser Date BOND Required? ❑ YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ t t Attorney Sig ure, ( 2 )Short Certificate(s)._.,.... 6, { )Renunciation(s).............. ( )Codicil(s)...................._.. .C> '_`--; ( )Affidavit(s)...................... nted Name: Edward P Seeber CF7-yj rr e C n Bond........... ................................. : Supreme Court Commission........j.,.{.� /s�'�, 1D Number: 76084 „ - !-'T-? Other �IjjUU ....._... — : Firm Name: JSDC Law Offices Address: Suite C-400 —� 555 Gettysburg Pike i Mechanicsburg,PA 17055 Phone: 717.533-3280 Automation Fee............................ JCS Fee....................................... Fax TOTAL......................................... $ E-mail: eps@jsdc.com DECREE OF THE REGISTER Date of Death: 1210812013 Estate of Julienne Fahnestock File No: 21-14 aikia: Julienne Lee Fahnestock AND NOW, ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Larry Fahnestock in the above estate and(if applicable)that the instruments)dated 0312812011 described in the Petition be admitted to probate and filed of record as the I t Will(and Codicil( )of Decedent. aL g' tar of Wills � Copyright(c)2011 form software only The Lackner Group,Inc. Page 2 of 2 LAST WILL AND TESTAMENT OF JULIENNE FAHNESTOCK I, JULIENNE FAHNESTOCK, having my legal residence at 12 Broadmoor Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament,revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE I declare that I am married to LARRY FAHNESTOCK(my"spouse"). T.5 n JO ARTICLE TWO '; ; Q s,(DI I do not have any children. rcri ARTICLE THREE y n rz I direct the payment from my estate of the expenses of my last illness and funeral—as soon after my death as conveniently may be done. ARTICLE FOUR I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. ARTICLE FIVE I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon to my spouse, provided he survives me by 30 days. If my spouse fails to survive me by 30 days, I give all such items, in equal shares to my nieces and nephews, ZOE R. HOFFMAN, MAIA S. HOFFMAN, SALINA L. HARRIS, DONALD A. FAHNESTOCK, JR., KERI L. FAHNESTOCK, and AMY E. FAHNESTOCK, or the survivors of them, provided they survive me by 30 days, to be divided among them as they are able to agree. If they fail to survive me by 30 days or are unable to agree as to distribution, all such items shall be sold and the proceeds distributed with the residue of my estate. ARTICLE SIX I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate to my spouse, provided he survives me by 30 days. If my spouse fails to survive me by thirty 30 days, I give the remainder of my estate to my Trustee,hereinafter named, for the benefit of my nieces and nephews, ZOE R. HOFFMAN, MAIA S. HOFFMAN, SALINA L. HARRIS, DONALD A. FAHNESTOCK, JR., KERI L. FAHNESTOCK, and AMY E. FAHNESTOCK, to be held in accordance with the provisions of Article Six hereunder. ARTICLE SEVEN The trust share established in Article Six for my nieces and nephews named shall be divided so as to provide one (1) share for each beneficiary. Each share shall be held, administered,and distributed as follows: A. My Trustee shall pay to, or apply for the benefit of, each beneficiary so much of the net income and principal of the trust share as my Trustee, in its sole 2 discretion, deems appropriate for such beneficiary's health and education, taking into consideration all other resources available to such beneficiary prior to making such distributions. B. The Trustee shall fully distribute the Trust to the beneficiary upon the attainment of the age of 25 years. C. If the beneficiary dies before the complete distribution of the Trust, such trust share shall be distributed to my then living nieces and nephews named in Article Six,per stirpes, in accordance with the provisions of this Article Seven. ARTICLE EIGHT If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE NINE No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE TEN Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary", it is my intent, and I hereby direct that, to the extent 3 practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IRA assets. ARTICLE ELEVEN I hereby appoint my brother-in-law, DONALD A. FAHNESTOCK, as Trustee of any Trust created under my Will. In the event that he is unable or refuses to serve as Trustee, I appoint, my sister, JENNIFER R. HOFFMAN, as Trustee of any Trust created under my Will. ARTICLE TWELVE I appoint my spouse, LARRY FAHNESTOCK, as Executor of my Will. In the event that he is unable or refuses to serve as Executor of my estate, I appoint my brother-in-law,DONALD A. FAHNESTOCK, as Executor of my Will. In the event that he is unable or refuses to serve as Executor of my estate, I appoint my sister, JENNIFER R. HOFFMAN, as Executrix of my Will. I give to my Executor and Trustee, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to-be exercised from time to time in the discretion of my Executor and Trustee, without further order or license of the Register of Wills or of any court: A. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; B. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; C. To engage in litigation and compromise, arbitrate or abandon claims; D. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; E. To make elections, decisions, concessions and settlements in connection with all income, estate,Inheritance, gift or other tax returns and the payment of such 4 taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; F. To invest and reinvest in every kind of property and investment which persons of prudence,discretion and intelligence acquire for their own accounts; G. To manage, control,repair and improve all real property; H. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor or Trustee to protect the Executor,Trustee, the estate, and the trust against any hazard; I. To pay all taxes, assessments, fees of the Executor and Trustee and all other expenses incurred in the collection, care, administration and protection of the estate and trust; J. To exercise such powers, herein conferred, after the termination of the estate and trust until final distribution of the assets; and K. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor and Trustee; the Executor and Trustee shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor to administer the estate and Trustee to administer the trust in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor and Trustee shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. I realize that the Executor is given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of 5 beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified .terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion,but not required,to make adjustments between income and principal as a result thereof. ARTICLE THIRTEEN hi the event that my spouse and I die simultaneously, or that the order of our deaths is uncertain,my spouse shall be deemed to have survived me. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of six(6)pages this day of March,2011. JULIEW9 FAHNESTOCK SIGNED, SEALED, PUBLISHED and DECLARED by JULIENNE FAHNESTOCK, the above named Testatrix, 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 witnes es. Residence Gc•ltilv,'c<,L w �� t��s`) ( Y1 Residence sI� PAL 7Q S 6 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND / p We,. JULIENNE FAHNESTOCK, and 411 't,'Testatrix and witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue in uence. JULI E FAHNESTOCK Testatrix L WITNESS WITNESS Subscribed and sworn to and acknowledged before me by JULIENNE FAHNESTOCK, the�� Testatrix, and subscribed and sworn to before me by ir(Jt�(a n �� and S51 f't' �A witnesses, on this &YL"day of March, 2011. COMMONWEALTH OF PENNSYLVANIA N tart'Public Nohnal:SWa6 Cheryl L.-BaWr,Notery Public Upper Allen Twp.,Cumberland County ,My Commission Expires Jan.13,2015 MEMBER,PENNSYLVANIA ASSOCIA17ON OF NOTARIES