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HomeMy WebLinkAbout01-13-15 (2) Reset 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 request(s)the grant of Letters in the appropriate form: Decedent's Information ,` l \ t p Name: Russell E.Failor,Sr. File No: — I L= 1 1 U a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: May 24,2013 Age at death: 75 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 1216 Summit Way,Mechanicsburp,,PA 17050 Hampden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1216 Summit Way,Mechanicsbure,PA 17050 Hampden Township 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 $ 83,000.00 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. ... $ 83.000.00 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 February 25,2010 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) 'p M t ::0 GS G Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was notjdv(;_ye(t-3vas r;g;a par6%o ending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 332 );)nd�d no�ve it orn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS rT '"tt re t =3 7! B. Petition for Grant of Letters of Administration (Ifapplicable) c �' c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite, ,tame absentia,durak rr oritate C=) "xi If Administration,c.t.a. or d b.n.c.t.a.,enter date of Will in Section A above and complete list oHeirs. 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. C)NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search hasihave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets, ifnecessary): Name Relationship Address Form RW-02 rev.1011112011 Pagel of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Joanne M.Failor 1216 Summit Way,Mechanicsburg,PA 17050 The Petitioner(s)above-named z wear(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)anddi as en,nal•Representative(s)of t e Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to affirmed a d's>xti•scribed before <rc-- C--� r Date p\_ V3. \5 d, met day of Date By: - Date For the Register Date BOND Required: Q YES (D NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 210.00 Attorney Signature: ( 3 ) Short Certificate(s).. . . . . 15.00 ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Print�%Name: John A.Feichtel Commission. . . . . . . . . . . . . . . . . . SupYeme Court Other Will . . . . . . . . 15.00 ID Number: 77426 Inventory . . . . . . . . 15.00 Inheritance Tax Return . . . . . . . . 15.00 Firm Name: Saidis Sullivan&Rogers . . . . . . . . Address: 635 N. 12th Street, Suite 400 . . . . . . . . Lemoyne,PA 17043 . . . . . . Phone: 717-612-5803 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 71.7-612-5805 JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: ifeichtel ssr-attomeys.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ 310.50 DECREE OF THE REGISTER II ff ++ Estate of Russell E.Failor, Sr. File No: a/k/a: AND NOW, ��� ��j ,in consideration of the foregoing Petition, satisfactory proof having been presented efore me,IT IS DECREED that Letters Testamentary are he eby granted to Joanne M.Failor in the above estate and(if applicable)that the instrument(s) dated February 25,2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. (jtdister of Vils6%� Form RW-02 rev.1011112011 age 2 of 2 P REGORGED OFFICE OF. REGISTER OFF WILLS ?0I5 JIM 13 FM 3 01 LAST WILL AND TESTAMENT—Fo OF ORPHANS' GOURT OF CUMBERLAND PA RUSSELL E. FAILOR I, RUSSELL E. FAILOR, of Mechanicsburg, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue. and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, unto my wife, JOANNE M. FAILOR, provided she survives me by sixty (60) days. SECOND: Should my wife, JOANNE X. FAILOR, predecease me or die on or before the sixty-first (61st) day following my death, I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property ,over which I hold power of appointment and together with any insurance policies thereon, as follows: (A) I give and bequeath any and all interest that I have, at the time of my death, in Russ ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business, entities, to my son, RICK A. FAILOR. Should my son, RICK A. FAILOR, desire to cease operations of Russ 's Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities, either immediately after my death or at any subsequent time, I direct that Russ' s Auto & Trailer Sales, LLC, its succes- sors or assigns and/or any related business entities , along with all bank accounts maintained by or for the benefit of Russ ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities, of whatever type 'or wherever main- tained be sold, with the net proceeds thereof being divided. as follows : r. W Fifty (50%) percent thereof to my son, RICK A. FAILOR, or his issue per stirpes by representation. (ii) Fifty (50%) percent thereof, in equal shares, to my children, RUSSELL E. FAILOR, JR. , VICKIE L. BRUBAKER and RICK A. FAILOR, or their issue per stirpes by representation. (B) Should my son, RICK A. FAILOR, predecease me, I devise and bequeath any and all interest that I have, at the time of my death, in Russ ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities, along with all bank accounts maintained by or for the benefit of Russ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities, of whatever type or wherever maintained be sold, with the net proceeds thereof being divided as follows: (i) One-Third (1/3) thereof, in equal shares, to the issue of RICK A. FAILOR. (ii) One-Third (1/3) thereof �o RUSSELL E. FAILOR, JR. , or his issue per stirpes by representation. (iii) One-Third (1/3) thereof to VICKIE L. BRUBAKER, or her issue per stirpes by representation. (C) I give and devise real estate owned by me, same being known and numbered as 117 North Enola .Road, Enola, Cumberland County, Pennsylvania 17025 (Tax Parcel No. 09-14-0832.- 267) to my son, RICK A. FAILOR, for as long as he wishes to use it in conjunction with the operation of Russ ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities. Should my son, RICK A. FAILOR, cease the use. of this property in conjunction with the operation of Russ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities, either immediately after my death or at any 2 subsequent time, I direct that the said real estate be sold, with the net proceeds thereof being divided as follows : (i) Fifty (50%) percent thereof to my son, RICK A. TAILOR, or his issue per stirpes by representation. (ii) Fifty (500) percent thereof, in equal shares , to my children, RUSSELL E. FAILOR, JR. , VICKIE L. BRUBAKER and RICK A. FAILOR; or their issue per stirpes by representation. (D) Should my son, RICK A. FAILOR, predecease me, I direct that real estate owned by me, same being known and numbered as 117 North Enola Road, Enola, Cumberland County, Pennsylvania 17025 (Tax Parcel No. 09-14-0832-267) be sold, with the net proceeds thereof being divided as follows: (i) One-Third (1/3) thereof, in equal shares, to the issue of RICK A. FAILOR. (ii) One-Third (1/3) thereof to RUSSELL E. FAILOR, JR. , or his issue per stirpes by representation. (iii) One-Third (1/3) thereof to VICKIE L. BRUBAKER, or her issue per stirpes by representation. (E) I give and devise real estate owned by me, same being known and numbered as 143 North Enola Road, Enola, Cumberland County, . Pennsylvania 17025 (Tax Parcel No. 09-14-0832- 268) , to my son, RICK A. FAILOR, for as long as he wishes to use it in conjunction with the operation of Russ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities. Should my son, RICK A. FAILOR, desire to cease use of the said property in conjunction with the operation of Russ' s Auto & Trailer Sales, LLC, its successors or assigns and/or any related business entities, either immediately after my death or at any subsequent time, I direct that the said real estate be sold, with the net proceeds thereof being divided as follows : 3 One-Third (1/3) thereof to ny son, RICK A. FAILOR, or his issue per stirpes by representation. (ii) One-Third (1/3) thereof to my son, RUSSELL E. FAILOR, JR. , or his issue per stirpes by representation. (iii) One-Third (1/3) thereof to my daughter, VICKIE L. BRUBAKER, or her issue per stirpes by representation. (F) Should my son, RICK A. FAILOR, predecease me, I direct that real estate owned by me, same being known and numbered as 143 North- Enola. Road, Enola, Cumberland County, Pennsylvania 17025 (,Tax Parcel No. 09-14-0832-268) be sold, with the net proceeds thereof being divided as follows ; (i) One-Third (1/3) thereof, in equal shares, to the issue of RICK A. FAILOR. (ii) One-Third (1/3) thereof to RUSSELL E. FAILOR, JR. , or his issue per stirpes by representation. (iii) One-Third (1/3) thereof to VICKIE L. BRUBAKER, or her issue per stirpes by representation. (G) I give and bequeath all accounts, of whatever nature or type, as owned and maintained by me, at Wachovia Bank, Members First Federal Credit Union, AIG Investments, their' successors and/or assigns, in equal shares, to my son, RUSSELL E. FAILOR, JR. , and my daughter, VICKIE L. BRUBAKER, provided that should either RUSSELL E. FAILOR, JR. or VICKIE L. BRUBAKER predecease me, I give and bequeath their share unto their issue per stirpes by representation, and if there be a failure of same, then such deceased child' s share unto my surviving child as specifically set forth in this Clause SECON'D(G) . (H) I give and bequeath to my granddaughters and great-granddaughters that are alive at the time of my death, their choice of any of my wife' s jewelry. Each granddaughter or great-granddaughter, in order of descending age, shall select one 4 (1) piece of jewelry, without regard for the value of that item. Any items not selected by my granddaughters or great- granddaughters shall be and become a part of my residuary estate to be disposed of as set forth hereinbelow. I direct that my daughter, VICKIE L. BRUBAKER, act and serve as the final arbitrator as to these proceedings and the selections made hereunder . (I) I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, RUSSELL E. FAILOR, JR. , VICKIE L. BRUBAKER and RICK A. FAILOR, provided that should any of my children predecease me, then to his or her issue per stirpes by representation, and, if their be a failure of same, then such deceased child's share, in equal share, unto my surviving children as provided herein. THIRD: Should any of my grandchildren or great- grandchildren not have attained the age of twenty-two (22) years at the time for distribution to him or her, I give, devise and bequeath the share of each such grandchild or great-grandchild to my hereinafter named Trustee or Trustees, IN SEPARATE TRUSTS, " to hold, manage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for the said grandchild' s or great-grandchild' s education (including college, trade school or other similar training or education) , as my Trustee or Trustees, in their sole discretion, deem advisable. The Trustee or Trustees , in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to my grand- children or great-grandchildren, shall take into consideration any income or other resources available to my grandchildren or great-grandchildren from sources outside this Trust . 5 Any income or principal not so applied shall be dis- tributed to each grandchild or great-grandchild when he or she attains the age of twenty-two (22) years. In the event any of my grandchildren or great-grandchildren die prior to the termination of this Trust established herein for their benefit, the interest of said grandchild or great-grandchild in said Trust shall cease with any income and principal being divided evenly between or among that deceased grandchild's or great-grandchild's brothers or sisters or the separate Trusts established hereunder for their benefit and, in the absence of any brothers or sisters, or any Trusts established hereunder for their benefit, to my other grandchildren and great-grandchildren, or the Trusts established hereunder for their benefit, in equal shares . FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give egally . sufficient instruments for transfer of the property and A to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value, 6 (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or. in other investments . (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws, (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I). To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan,, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. (J) In dealing with any proprietorship, partnership 'I interest, stock of any solely owned or closely held corporation, or any other business or professional interest included in my estate or any trust under Tay will (all of which are referred to as "the business" in the following subparagraphs) , and without regard to any rule respecting conflict of interest, the fiduci- aries acting hereunder are authorized to; 0 (1) Retain all or any part of the business as long as they consider advisable, regardless of any principle of law concerning investment diversification; (2) Sell all or any part of the business when- ever, for whatever price, on whatever terms and conditions, and to whatever organizations, entities, or individuals, including fiduciaries under my will, they consider advisable; (3) Do anything they consider advisable with respect to operating or liquidating the business or with respect to- any change in the purpose, form, or organization of the business; (4) Participate directly in the management of the business, or render professional services to it, and receive reasonable compensation from the business; (5) Delegate authority to any shareholder, director, manager, agent, partner, or employee, and approve payment of reasonable compensation from the business; (6) Consent for the business to be taxed in accordance with the provisions of Subchapter S of the Internal Revenue Code; (7) Borrow money from the banking department of any bank executor or bank trustee that may serve under my will; and (8) Make additional investments in or make advances to the business if that action appears to be in- the best interests of my estate or any trust under my will and the benefi- ciaries of my estate or the trust. \L _ FIFTH: I nominate and appoint my son, RUSSELL E. FAILOR, JR. , as Trustee of the hereinabove described trusts . In the event of the death, resignation or inability to serve for any reason whatsoever of the said RUSSELL E. FAIL;OR, JR. , I nominate and appoint my daughter, VICKIE L. •BRUBAKER, as Trustee of the 8 hereinabove described trusts. In the further event of the death, resignation or inability to serve for any reason whatsoever of the said RUSSELL E. FAILOR, JR. and VICKIE L. BRUBAKER, I nominate and appoint my son, RICK A. FAILOR, as Trustee of the hereinabove described trusts. I direct that my Trustee shall serve without bond and shall receive fair and reasonable compensation. SIXTH: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SEVENTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any .debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. i EIGHTH: I nominate and appoint my wife, JOANNE M. FAILOR, Executrix of this, my Last Will and Testament. in the event of the death, resignation or inability to serve for any reason whatsoever of the said JOANNE M. FAILOR, I nominate and appoint my daughter, VICKIE L . BRUBAKER, Executrix of this, my Last Will and Testanent. In the further event of the death, resignation or inability to serve for any reason whatsoever of the said JOANNE M. FAILOR and VICKIE L. BRUBAKER, I nominate and appoint my sons, RICK A. FAILOR and RUSSELL E. FAILOR, JR. , Co- Executors of this, ny Last Will and Testament . I direct that my Executrices or Co-Executors, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security 9 or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this Z5Z7 ay of 20.10 . (SEAL) RUSSELL E. FAILOR Signed, sealed, published and declared by the above- named Testator as and for his Last Will and Testament in our presence, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses . Address Address 10 Rt.CTST R OF WiLLS DM 01 OATH OF SUBSCRIBING WIVE 4s) 3 CLERK 4F REGISTER OF WILLS OR-PH 5" CC S' CUMBERLAND COUNTY, PEAWNA"NkUC V-- P1 Estate of Russell E. Failor, Sr. , Deceased James D. Bogar and Jennifer B. Hipp , (each) a subscribing witness to (Print Name/s) the 0 Will El Codicil(s)presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that slfie-,fiet ey Inas/ ere present and saw the above Testator '''e�t�r-i=� sign the same and that she/h they signed the same and that -she44w- hey signed as a witness at the request of th Testator/-T� in -ker-/ is presence and in the presence of each other. �r� c Sign ture) (Si(at e) 1 West Main Street 1 West Main Street (Street Address) (Street Address) Shiremanstown, PA 17011 Shiremanstown,PA 17011 (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this )� L day of of uot_r a015 Deputy for Register of Wills Notary Public My Commission Expires: ?-3-D0)3 (Signature and Seal o£Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RW-03 rev. 10.13.06 NOTARIAL SEAL DIANE MONTGOMERY,NOTARY PUBLIC SHIREMANSTOWN BOROUGH,CUMBERLAND COUNTY MY COMMISSION EXPIRES AUGUST 3,2017 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y OF No. 2014- 01 187 PA No. 21- 14- 1187 O yZ Estate Of: RUSSELL E FAILOR SR (First,Middle,Lastl Q o Late Of: HAMPDEN TOWNSHIP a , CUMBERLAND COUNTY Deceased Social Securi ty No: 1750 ry WHEREAS, on the 13th day of January 2015 an instrLMent da Rd ::0, February 25th 2010 was admitted to probate as the lasVz11 0 _ RUSSELL E FAIL OR SR (First,Middle,Last) M C') late of HAMPDEN TOWNSHIP, CUMBERLAND County, -a -'n -n who died on the 24th day of May 2013 and, WHEREAS, a true copy of the will as probated is anq ed herety- co cn THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of I7i11s n and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JOANNE M FAILOR who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of January 2015. • /f Rl/e��gis�jter f Wills {�/( Dep y **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)