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Home My WebLink About06-16-15 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 /,,r��-- Name: MILLARD C. FREYSINGER File No: ,�SY �_f�•CY N a/k/a: MILLARD CALVIN FREYSINGER (Assigned by Register) alk/a: a/k/a: Social Security No: Date of Death: Mav 23 2015 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania (srare)with his/her last principal residence at 530 W. 16th Street New Cumberland PA 17070 New Cumberland Borouph Cumberland Street address,Post O�ce and Zip Code City,Towns6ip or Borough County Decedent died at MS Hershey Medical Center Hershev 17033 Hershev 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 $ 1,000,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 216,000.00 TOTAL ESTIMATED VALUE. ... $ 1,216,000.00 Real estate in Pennsylvania situated at: 530 W. 16th Street New Cumberland 17070 New Cumberland BorouQh Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Boroug6 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 OCtober 23.2009 and Codicil(s) thereto dated NONE 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. Q✓ NO EXCEPTIONS ❑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.t.a. 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 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. ❑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 Relationshi Address 4=' =� � `� r,�i �� Ca C� ':� C::> ,�- . �-- „ ,:,. _�. :.0 -F,�, .__-- + , ��-, ,.. .�.� _._ � � � ..:,.. ,:..._ : e ..._. ' '. � � . .,., - �. ., „; � , : �. �, �,_ .� ... _, � _.• ,,.: � . +�...: _., .. , _., .. =_� �_:� 1--' -,. r-y"1 . - . }_.a _. � ' ';1� C� '-ti J 7 �] `"r7 FormRW-02 rev. !0/II/20/1 Yage 1 of 2 �'"""'"9fll�Tll�i�!1� ' Oath of Personal Representative c ot�°'a� �n�y ;Na � -,,. C� y.� C"� -� �,� � :� r y COMMONWEALTH OF PENNSYLVANIA } �� _� :L..., �, `..� } S S: -- � ; : :� �.._. COUNTY OF Cumberland } �M � � Q� Petitioner s Pnnted Name Petitioner(s)Pnnted Address:' ` �� ) . • . � _._.. _ . Patricia L. Freysinger 154 Plymouth Road, Newton, MA 02461 -�; �—' = - �.� David S. Freysinger 7535 Inwood Drive, Houston, TX 77063 �> ��' �' _r, The Petitioner(s)above-named sweaz(s)or affirm(s)the statements in the foregoing Petition aze true and conect 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 r a�'firme subscribed befor� � � ��7 Date �� -� me thi ��'d � Date �v�� b ��_\� By:, Date or th Register Date BOND Required:QYES �NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 810.00 Attorney Signature: ( g )Short Certificate(s).. . . . . 40.00 ( )Renunciation(s).. . . . . . . . �i �'-� , �� } ( )Codicil(s). . . . . . . . . . . . . l•' �� "` � � ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . .. . . . . . . . . . . . . Printed Name: Howell C. Mette Commission. . . . . . . . . . . . . . . . . . Supreme Court Other Will . . . . . . . . 15.00 ID Number: 07217 Inventorv . . . . . . . . 15.00 Inheritance Tax Returr. . . . . . . . 15.00 Firm Name: METTE, EVANS&WOODSIDE , . . . . . , . Address: 3401 North Front Street P.O. Box 5950 Harrisburq PA 17110-0950 , , , , , , , Phone: (717)232-5000 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)236-1816 7CS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: jebrothers(a7mette.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ 935.50 DECREE OF THE REGISTER Estate of MILLARD C. FREYSINGER File No: �� `� (.��7C�` a/k/a: MILLARD CALVIN FREYSINGER AND NOW, � , ,�, in consideration of the foregoing Petition, satisfactory proof h ing been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to PATRICIA L. FREYSINGER and DAVID S. FREYSINGER in the above estate and(if applicable)that the instrument(s)dated October 23, 2009 described in the Petition be admitted to probate and filed of record as the last Will (and C di il(s))of Decedent. � ��1�'��1 ,� � �� ' ��, egister of Wills _ ��. FormRW-02 .ev. ioi�iiao�i , Page 2 of 2 "'°"91'If�ll il� " � . REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ; oF cuiy ,�y r.�� e�� No. 2015- 00675 PA No. 21- 15- 0675 O� Z Es ta te Of: MILLARD C FREYSINGER /Fiist,Midd/e,Lastl V � a/k/a: MILLAR� CALVIN FREYSINGER � La te Of: NEW CUMBERLAND BOROUGH w CUMBERLAND COUNTY Deceased 1750 Social Security No: 202-20_0677 WHEREAS, on the 16th day of June 2015 an instrument dated October 23rd 2009 was admitted to probate as the _l.ast will of MILLARD C FREYSINGER (First,Middle,Last) a/k/a MILLARD CALVIN FREYSINGER late of NEW CUMBERLAND BOROUGH, CUMBERLAND County, who died on the 23rd day of May 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wi11s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certi fy tha t I have thi s day gran ted Le t ters TESTAMENTARY to: PA TRICIA L FREYSINGER and DA VlD S FREYSINGER who have duly qualified as EXECUTOR(R/X) and have agreed to administer the estate accord.ing to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 16th day of June 2015. � � � � egister of Wi/ls �.�._ T ' v �,�, �� ..�_ ; ; �� - � � � a �., �'_� `' -,;. � c_? �r--� ., `;, Deputy . L . C-, _. � - � � �-' .,_ .- l.._ ' ,. .. .,. "� . _ .�_, �- • t,t� l..l ''. --' � .<.:.. ,- ,.. M . _ ___1 ..:,... i' r C.? 'y 1-4.3 t.�._ . - -� ['� c:: _�_-+ � <:_'� <.°:, ] p .' U Lt..I � � CS� rc �.? r,.....! **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) ..:W�vw9:II'll....�.11�'1T�!'. M �cC.u.� ll� ��11�� CS.l1+�� is.y I�CC.l1.J11111�11dDlL� �-; .-�� r� � O rd� C7 �s,. —,�, C— �;-: C.3 '.;.1 C _ :i � � �"`3 OF T� _ �� ,.,� - ,. r-- ►—� ,`; � :.7 �.,_ �...t Q7 : MILLARD C. FREYSINGER = = �=' ,. , � ,; ,., , ,,_ .. 4._, ==r�� -•-3 ,'..! . __ : . , ,... �, ._._ c� � �_, ,,--- r-� I MILLARD C. FREYSINGER of Cumberland Count P�nnS lva 'W , � Y� Y �� do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no dut,y or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I give all of my household furniture and furnishings, books, pictures,jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon to my children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement, the Executor shall divide this property among them in as nearly equal portions as the Executor, in the sole discretion of the Executor, deems appropriate, having due regard to the personal preferences of my children. , � , Page 1 �� , ITEM IV: I give and devise my two percent (2%) interest as a tenant-in-common with my sons, THOMAS W. FREYSINGER, and GAR,RY M. FREYSINGER, in those certain tracts of real estate in Hampden Township, Cumberland County, Pennsylvania, to my sons, THOMAS W. FREYSINGER and GARRY M. FREYSINGER, in equal shares as tenants-in-common with each other. ITEM V: The rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, shall be divided equally among the following listed children of mine who are then living or if then deceased, are represented by then living issue. The Executor shall distribute one such equal share to each of such then living children, and shall hold one such equal share as the Trustee of a separate Trust for the benefit of the issue of each such then deceased child, per stirpes: PATRICIA L. FREYSINGER LAURA L. FREYSINGER DAVID S. FREYSINGER � ALAN J. FREYSINGER VALERIA J. FREYSINGER MARY C. FREYSINGER (a) In each Trust established for the benefit of the issue of a deceased child of mine, the Trustee shall quarterly pay the net income to or for the benefit of the issue of my deceased child, per stirpes, living at each time of quarterly distribution. As soon as any issue of such deceased child attains the age of twenty-one (21) years, and in no event later than twenty (20) years following my death, the Trustee shall distribute the remaining principal to the then living issue of such deceased child, per stirpes. Page 2 l�1 �� (b) If at any time before final distribution of the assets of any of the Trusts established for issue of deceased children, there are no living beneficiaries of said Trust, the Trust shall terminate, and its assets shall be distributed to my other above listed children if then living, or if a child is not then living to such child's then living issue, per stirpes. The share payable to the issue of deceased children hereunder shall continue to be held in trust for the benefit of said issue in accordance with the provisions of subparagraph (a), provided, that if any of the Trusts herein created for the benefit of issue of deceased children have been terminated by the payment of its principal to its beneficiaries, the beneficiaries who received payment of the principal of that Trust shall collectively be considered an "existent Trust" for the purposes of this paragraph, and one equal share shall be paid directly to such beneficiaries in the same proportion by which they received the principal of the Trust, or, if any such beneficiary is deceased, to the issue of such beneficiary, per stirpes. ITEM VI: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VII: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: Page 3 � ' � �' (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments," and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make,join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power . conferred upon the Executor and Trustee. Pa e 4 '"+�'� _�- J g � (e) To mortgage real estate, and to make leases of real estate. � (f� To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part af my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company � whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. Page 5 ��`�.��" (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VIII: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; Page 6 � 1..�, �//� (b) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (c) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (d) By directly applying distributions for the benefit of the beneficiary. ITEM IX: During my lifetime I entered into a Stock Purchase Agreement dated May 13, 2004 by and among myself, Freysinger Pontiac GMC Buick, Inc. (the "Corporation") and my sons, Garry M. Freysinger and Thomas W. Freysinger ("my sons") with respect to my shares of common capital stock of the Corporation (the "Shares"). This Stock Purchase Agreement provides in part at the time of my death for the purchase of the Shares from my Estate by my sons. I hereby affirm and ratify this Stock Purchase Agreement. ITEM X: Any person who has died within thirty (30) days of my death shall be deemed to have predeceased me. ITEM XI: I appoint my daughter, PATRICIA L. FREYSINGER, as Executrix, any my son, DAVID S. FREYSINGER, as Executor, collectively referred to herein as "Executor." The Executor and Trustee are specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding six (6) pages, at the end of each page of which I have also set my initi ls f , greater security and better identification this ��-��da of %,t��'-�"�-'��'' , 2009. Y , r '• ,-e� '�.�.� _ /�-� � SEAL) MILLAR,D C. FREYSING We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. � t � �=-�� r / �SEAL) Residing at ' r�"` "'�� P �-� , �' ' , � �� ' � �.,f �'� . � L (SEAL) Residing at �/' � ,�� o,( ��,;� i'�i� �J'r' /��[�� G�'�'� (SEAL) Residing at �'�'' /"'�''� �%?��.. �r• , �,> •? �" . G?��.�-. j- ,��- /J�-'7� - { , , 516773v1 ;._..> ��.:� � -� -.� c� u-, - r,; c ,..,� � - � c-- c.� t�:] w � ; . , "� -;� �'" � r-� -- �"= � OATH OF SUBSCRIBING WITNESS(ES�' _ '~-, rn ' -`� �:;, > . _ , _,� REGISTER OF WILLS � � ' --� � , �:> � ,.� CUMBERLAND COUNTY, PENNSYLVAN�II --�, ~ y �'' -- �s �' n� �,� c-� l '�"i 2-�' /J " Ll�"7h _ o Estate of MILLARD C. FREYSINGER , Deceased HOWELL C. METTE (each)a subscribing witness to (Print Name/s) the�Will ❑Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her / his presence and in the presence of each other. l .. (Signature) (Signature) 205 North 26th Street (Street Address) (Street Address) Camp Hill PA 17011 (Ciry,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 th day before me this day /� of of � �//�P � , ,. e ty for Register of 'Vills Notary Public My Commission EYpires: (Signature and Seal of Notary or other official qualified to administer oaths. Show d��te of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s)at time of notarization. 834101v1 Form RW-03 rev. 10.13.06 ��rn,,n��rs�.i� � OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS -=� �� CUMBERLAND COUNTY,PENNSYLVANIA� � � �� / /h �7� �7' � �, � ,ji �/ �- � _, .,,. . _, - � . � ,� Estate of MILLARD C. FREYSINGER ,��e�4ase� ;:"> . , .___ H--� _,. C..,.� m ."� t--'' _...� '`� � ,:J f"�) 1 NATALIE BLOSSER (each) a subscribirigwitness to� (Print Name/s) the �Will ❑Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her / his presence and in the presence of each other. ,�'�� 7,��,�--� (Signature) � (Signature) 618 North Front Street (Street Address) (Street Address) Wormleysbur PA 17043 - (City,State,Zip) (Crty,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 /5� day of , of .�ui�.. , Q/ j /n Aaa�iin ��uF�fy �Lhn��✓R*+1�2., , ,�- `i_. �S Deputy for Register of Wills No ry Public My Commission Expires: a -!� ->� (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken b Officer authorized to administer oaths. Please have present tl�(�M 6�1 � rl�� otarization. y Notana' Sea� Joan E. Brothers, Notary Public Susquefianna Twp. Dauphin CountY 834055v1 My Commission Exp�res Feb. 12, 2018 Form RW-03 rev. 10.13.06 ! hNi�..iN'L��•:�-!F7'CJ'�YOM Of N9TNl1lS ufrWg t