HomeMy WebLinkAbout09-24-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumber 1 and 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 request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: Fawn G • Fitting File No: 02� ' �y _�
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 9/14/2014 Age at death: 8 8
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 16 Riverview Drive 17025 Enola Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedentdied at Holy Spirit Hosp • 17011 East Pennsboro Twp • 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 $ 152,000 - 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.............................................................. $ 0 . 00
TOTAL ESTIMATED VALUE.... $ 152 ,000 - 00
Real estate in Pennsylvania situated at:
(Attach additional sheets,ifnecessary) 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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 7/27/2007 and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death ofexecutor,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. c
® NO EXCEPTIONS LJ EXCEPTIONS d rn
o
❑ B. Petition for Grant of Letters of Administration(If applicable) f�i
c.I.a.,d.b.n.,d.b.n.c.I.a.,pendente lite,durante gse;tha:#ran"inoriJg e rn
If Administration,ata. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of h4ir..s:
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been establishedlas defli —rl
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
,..a O M
❑ 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}9i s(attach
additional sheets, if necessary):
Name Relationship Address
16 Riverview Drive
Fawn C . Ross Daughter Enola PA 17025
119 Revere Street NW
Barbara K . Frank Daughter Port Charlotte FL 33952
33 Maggie Circle
Margaret Glusco Daughter York PA 17402
Form RW-02 rev. 10/1112011 Page I of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTYOF Cumberland
Petitioner(s)Printed Name Petitioner(s)Printed Address
16 Riverview Avenue
Fawn C . Ross Enola PA 17025
C*)
c>
C-5
)> r'3
ITI M
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 knowledgMd bcl4q
7
of Petitioner(s)and tiiit,,2s,Personal.Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the according;4w. -q
Sworn 4-6T affirtne c i#bebefore Date
an ulig`
mei of Date
oC/) Co
tv Date
Date
BOND Required`: Q YES 3-NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters. . .. .. . . . . . . . ..... . . - $ Attorney ZSignature..
Short Certificates(s) . . . . .
Renunciation(s).. . . .. . . ..
Codicil(s) . .. . . . . . . . . . . .
Affidavit(s). . . . .. . . . . . . . Printed Bond .. . . . . .. .. . . .. . .. .. . . . . .. d Name: David H . Stone
Commission . . . . . . . . . . .. . . .. . . . . Supreme Court
Other . .... - - ID Number: 39785
(11111 . . . . . . . Firm Name: Stone, LaFaver & Shekletski
IR VO 0d--0-"N ... Address: 414 Bridge Street
.. . . . . . . . . P . O . Box E
. .. . . . New Cumberland PA 17070
. . . . . . . Phone: 717-774-7435
-... .. . Fax: 71?-??4-3869
Automation Fee . . . . . . . . . . . . . . . . . Email: dstone@stonelaw- net
JCS Fee ...... . 60
TOTAL . . . . . . .. .. . . . . . . . . . . . .$ �O
DECREE OF THE REGISTER
Estate of Fawn G - Fitting File No: -21
a/k/a:
AND NOW, calp in considofthe flo Meon"P itition,
satisfactory proof having been presented before me,IT IS DECREED that Le rs .I
e otion
are hereby granted to
intheab*0ve estate and f if applicable)that
the instrument(s)dated
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of D&cede.nt.—
AA-ya
Register of Wills
Form RW-02 rev.10/1112011
Page 2 of 2
LAST WILL AND TESTAMENT
(Pour-Over Will) c s rn
OF3__ ; v� � nFAWN G.FITTING o
rn � �
IDENTITY �,a ' '' o `)
I, FAWN G. FITTING, residing in the County of Cumberland, Commonwealth of PennHvan at,m
being of sound mind and memory, and not acting under duress or undue influence' of an yrs( C, p
whomsoever, hereby declare this to be my Last Will and Testament, and I do heriby revs other?i
former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 196-14-3737.
I have the following children: Fawn C. Ross, born February 11, 1943 and currently residing in
Enola, PA 17025, and Barbara K. Frank, born December 11, 1946 and currently residing in Port
Charlotte, FL 33952, and Margaret D. Glusco, born November 27, 1957 and currently residing in York,
PA 17402.
DEBTS,TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any)that become due by reason of my death,under THE FAWN G.FITTING REVOCABLE
LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the Revocable Trust assets
should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my
Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my
Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or
part of these items,plus claims,pecuniary legacies,and family allowances by court order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me
this date in accordance with the provisions of the section titled"Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or
after the execution of this Will,to the Trustee under that certain Trust executed by me on the same date of
the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the
corpus of the above described Trust and shall hold, administer and distribute said property in accordance
with the provisions of the said Trust,including any amendments thereto made before my death.
POUR-OVER WILL
Page 1
Testatrix
If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the
residue and remainder thereof to that person who would have been the Trustee under the Trust, as
Trustee, and to their substitutes and successors under the Trust, described herein above, to be held,
managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to
the period beginning with the date of my death as are constituted in the Trust as at present constituted
giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such
Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint Fawn C. Ross to serve without bond as my Independent Executor
of this my Last Will and Testament.
In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Margaret A
Glusco to serve without bond as my Independent Executor.
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this
my Will, such words and respective pronouns shall be held and taken to include both the singular and the
plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named
herein and to any successor to substitute Executor acting hereunder, and such successor or substitute
Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the
Executor originally named herein.
EXECUTOR POWERS
By way of Illustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with
respect to any property, real or personal, at any time held under any provision of this my Will: to allot,
allocate between principal and income,assign,borrow,buy,care for,collect,compromise claims,contract
with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options
with respect to,take possession of,pledge,receive,release,repair,sell, sue for,make distributions in cash
or in kind of partly in each without regard to the income tax basis of such asset and in general,exercise all`
of the powers in the management of my Estate which any individual could exercise in the management of
similar property owned in its own right upon such terms and conditions as to my Executor may seem best,
and execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose of this my Will,without being limited in any way by the specific grants
or power made, and without the necessity of a court order.
My Executor shall have absolute discretion,but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
consequences of any tax decision or election, or of any investment or administrative decision, that my
executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
POUR-OVER WILL
Page 2
Testatrix
Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions.
CONTESTS AND SPECIFIC OMISSIONS
If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or
indirectly:
1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or
invalidate any of its provisions;
2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or
seeks to impair or invalidate any of its provisions;
3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its
provisions or that Testator's/Testatrix's Will or any of its provisions is void;
4. claims entitlement by way of any written or oral contract to any portion of the
Testator's/Testatrix's estate, whether in probate or under this instrument;
5. unsuccessfully challenges the appointment of any person named as Executor or successor
Executor of the Testator's/Testatrix's Will;
6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor
of the Testator's/Testatrix's Will;
7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or
is proposed in good faith by the Executor;
8. unsuccessfully seeks the removal of any person acting as the Executor of the
Testator's/Testatrix's Will;
9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether
the claim arose before or after the date of this instrument,but excepting claims for cash advanced
or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant;
10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on
Testator's/Testatrix's life;
11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other
form of qualified or non-qualified asset or deferred compensation account, agreement or
arrangement;
12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during
Testator's/Testatrix's lifetime, or any provision thereof, as well as any gift which
Testator/Testatrix has made or will made during Testator's/Testatrix's lifetime, whether before or
after the date of this instrument;
13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets(whether
to a relative of Testator's/Testatrix's or otherwise); or
14. refuses a request of Testator's/Testatrix's, Executor or other fiduciary to assist in the defense
against any of the foregoing acts or proceedings,
then that person's right to take any interest given to him or her by this trust shall be determined as it would
have been determined if the person had predeceased the execution of this will instrument without issue
surviving.
POUR-OVER WILL
Page 3 _j�4
Testatrix
The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit
under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall
be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate
any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth,
such provision shall be deemed to exist to the extent of the scope or breadth permitted by law.
SIMULTANEOUS DEATH
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
1
'&tA4'4.z I. , I
FAWN G. FITTING
Testatrix
This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause,
signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of
the precedi g pages. This instrument is being signed by me on this day of
POUR-OVER WILL
Page 4
ATTESTATION CLAUSE
The Testatrix whose name appears above declared to us, the undersigned, that the foregoing
instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such
instrument and to his/her signature thereon. The Testatrix thereupon signed such instrument in our
presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our
own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of
each of us,that we believe the Testatrix to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the
Testatrix.
WITNESSES: ADDRESSES:
(Printed Name of Witness) City, State,Zip
(Printed Name of fitness) City, State, ip
POUR-OVER WILL
Page 5
Testatrix
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
A0BEFORE ME, the undersigned authori , on this day personally appeared FAWN G. FITTING,
L/J r✓,�,� '. 044and X ,- �- (Lfiy �ai�1 //Y', known to me
to be the Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing
instrument in their respective capacities, and all of them being by me duly sworn, FAWN G. FITTING,
Testatrix, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that
he or she had willingly made and executed it as his/her free act and deed for the purposes therein
expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the
Testatrix, that the Testatrix had declared to them that the instrument is his Will and that he or she
executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each
witness stated further that he or she did the same as a witness in the presence of the Testatrix, and at his
request and that he or she was at that time eighteen (18)years of age or over and was of sound mind, and
that each of the witnesses was then at least fourteen(14)years of age.
FAWN G. FITTING
Testatrix
1&,n,,VC7A-
W, ess
/c 0<V4 l,) �6
(Printed Name of Witness
Wi ess
, C
4
(Printed Name of Witness)
SUBSCRIBED AND ACKNOWLEDGED before me by FAWN G. FITTING, Testatrix, and
subscribed and sworn to before me by R pw*t,4 �' (��v,,p�,2-�`✓ and
� �►►? �; �VX44YV✓ —0'jL�.g,�/,q� witnesses, this the 2 day of
v r7
Notary lic, Commonwealth of Per
vania
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gsne Paul Keddy,Notary Public
East Hempfield Twp.,Lancaster County
My Commission EVIrm ,Aug.2,20 i0
POUR-OVER WILL Member,Pennsylvania Association of Notaries
Page 6