HomeMy WebLinkAbout12-27-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of DONALD E. FAILOR No. a 1- n 5 - U I tJ
also known as DONALD FAILOR To:
Register of Wills for the
, Deceased. County of CUMBERLAND in the
Social Security No. 189-09-4542 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut RIX named
in the last will of the above decedent, dated 05/30/97
and codicil( s) dated 12/01/2004
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with
h IS last family or principal residence at 298 RIDGE HILL ROAD. MECHANICSBURG. PA
17050
(list street, number and municipality)
Decedent, then 85 years of age, died 1 0/31/2005 .
at 298 RIDGE HILL ROAD MECHANICSBURG. PA 17050
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the wi!! offered for probate; was not the victim of a killing and was never adjudicated
incompetent: NONE
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
WINDY HILL ROAD - LOT - CARROLL TOWNSHIP, PERRY COUNTY - $45,000.00
DELVILLE DAM ROAD - LOT - CARROLL TOWNSHIP, PERRY COUNTY - $33,000.00
Continued on a Separate Page
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant ofletters TESTAMENTARY
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
~ ,61 -II 298 RIDGE HILL ROAD
~ ~ \tI MECHANICSBURG PA 17050
'if R ~ FAILOR, E~~~X
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
<~4 rf ~t1,~
Sworn to or affirmed fd subscribed
before me this? d y of
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Continuation of Petition for Probate and Grant of Letters
DONALD E. FAILOR
Page 1
Real Estate in PA
DELVILLE DAM ROAD - LOT - CARROLL TOWNSHIP, PERRY COUNTY - $42,000.00
570 DELVILLE DAM ROAD, CARROLL TOWNSHIP, PERRY COUNTY - $155,000.00
PARADISE PARK - $11,000.00
5532 SPRING ROAD, SHERMANSDALE, PERRY COUNTY - $200,000.00
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Register of Wills of Cumberland County
OATH OF NON-SUBSCRIBING WITNESS
Estate of
~na\":J c, -t:'r. ,,_,~
No.
2../- 0 5 - II I 0
Also known as
~I\J<>.'''''
~
-
. Deceased
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W~"'J'( (VlcIlJI'!1t:'
(each) a subscriber hereto, (each) being duly qualified according to law. depose(s) and say(s) that
~ t:\>-< familiar with the signature of D-,~,.,. '0 G:. fh::..\", , testat~ of (one of the
subscribing witnesses to) the codicil/will presented herewith and that -4,.." believelbeHe les the signature
on the codicil/will is in the handwriting of ~ '''' E. (!,.. .'.\.<>-. to the best of
"\-\....-' :.. knowledge and belief.
Sworn to or affirmed and subscribed
Before me this ?. '1 day of
DHBrYl13uat ,20~
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(Address)
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(Name) ,) '.':
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(Address)
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H105XO) REV 1105
This is to certify that the information here given is correctly copied from an original celtificate of death duly filed with me as
Local RegistFar. The original certificate will be forwarded to the State Vital Records Office for permanent 'filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for Ihis certificate, $6.00
p
12064864
No.
HI05,143Rev2J81
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Local Registrar
f(7,v'emaet" '5, 'ZMJ'3
Date
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TVPElPIllNT
W
PERMANENT
8LACK INK
CERTIFICATE OF DEATH
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
NAME OF DECEDENT tFirsl. Middle. Last)
T>O.,tI'-D FfllL-otZ-
sex
2. Male
.... ,
HOSPITAl
Inpo_D
..
FACILITY NAME (II nollneliMlon. give _ &nd .....mberl
Failor
BIRTHPlACE (Ciy and
StalaorForeigIlCounUy)
7.Carlisle, PA
,
AGe (la!il6iniIdavl
$TATfFILE_IIl;R
SOCIAl SECUFUTY NUMBER ~
. 189 09 4542
DATE OF DEATH (Month, Dav. Year)
..October 31, 2005
I. 85 Vn
COUNTY OF DEATH
...
Cumberland
.". Silver S
i
298
Ridge Hill Road
OECEDENrS USUAL OCCUPATION
l':r~oI",~~~
KINO OF BUSINESS /INDUSTRV
AS DECEDENT EVER IN
US_ ARMED FORCES?
VeaDD NOD
"
l1a.Slal<l
11.. 0:rl::l.dIr 11h. PA Railroad
oeCEDENrS t.wLING ADDRESS (SInleI. CltyfT"""'. S"le. ZIp Code) DECEDENTS
298 Ridge Hill Road ~~~
Mechanicsburg, PA 17050 ~..u:~
l1b.CounIv
Cumberland
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FATHER'S NAME (Fif&l, Middla. lasl)
"
INFORMANrS NAME (Type/Prinl)
zo. uth ailor
l.lETHOO OF DISPOSITION
BuriiilIXlCr..maliooGlltnO\/allroms_O
OIher(Spe
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MOTHER'S NAl.lE (F.... Uiddle. Maldol'l Surname)
1. Esther Stei !man
INFORUANrs MAILING ADDRESS (SlrMl CllylTOMI. Stal<l. Zip Code)
_.298 Ri Hill Road Mechanicsbur PA 17050
PLACE OF DISPOSITI()N. Mama oIC_ry. Crematory LOCATION. CllylTown, Stalll. Zip eca.
orOlherP~
DATE OF OISPOSITlON
(abllI'I.O.y,V_1
o 21b.Nc:tuerd:a:' 4, 3))5
DR PERSON ACTING AS SUCH LICENSE NUMBER
ZZh. 1 89
Tolh....8101mvk~,dealhOC<;u''edallh.llme,dataandpl.ces..\ad
(SiQIllIlu.._TldII)
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TIMEOFD~T~
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MARITAl.. STATUS. ....nied. SURVIVING SPOUSE
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18. Married 11. Ruth Hale
171:.1K1 V".decedenllived~ Silver 50rinQ
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NAME AND ADDRESS OF FACILITY
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LICENSE NUM8ER
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WASAN AUToPSV WERE AUToPSV FINDINGS MANNER OF DEATH
PERFORMED? AVAILABLE PRIOR TO ~
COMPlETION OF CAUSE Noatu<al L.:J Homidda
OF DEATH? ....ccid.ml 0
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Pen<lingi<1....tiga"""
DATEOFINJURV
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CER1IFIER(Checl<0I'1~_)
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"PRONOUNCING AND CERTIFYING PHYSICIAN \Ph~t.ician both proOOl.lOClnlJ doHdh and ".lItifying 10 """"e of deatll)
T"lha baot 01 MY knowlodll., "-th """".....d attha lima, dah, and pl_. and &aeto Ih. "....-t.t .nd manner u ..........
"MEOICAI. EXAMINERlCOROMER
Oft tha baal. oIaumlnallon andkirIlwMlllJ&tlo>n, In my <>pinion, dpIh OI:"urnod at 1M t1m_, d.~,.nd pta".. and d..-Ie> 1M 1:8U...(o) and
m__...lalod..
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l2Il1211 ~I
Z1d.Camp
Hill, PA 17011
P aza Way
csb PA 17055
OA SIGNED
{_,[)a~>Yearl
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WAS CASE REFERRED TO A MEDICAL EXAMINER ICOAONE"1
21. Ve.O No~
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Pc rl I TO!1JI TI S
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TIME OF lMJURV
lMJURV AT WORK? oeSCRI8E HOW INJURV OCCURRED.
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3 1:00s-
No.
2l-D5- 1110
Estate of DONALD E. FAILOR
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW l)[:c./4tvII?~ 1.'1 1[]l)~ ,in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 05/30/97 and 12/01/04
described therein be admitted to probate and filed of record as the last will of DONALD E. FAILOR and
CODICIL TO THE LAST WILL AND TESTAMENT OF DONALD E. FAILOR
and Letters TESTAMENTARY
are hereby granted to
RUTH E. FAILOR, EXECUTRIX
FEES
Probate, Letters, Etc.. . . . . . . . $ qQ. aD
Short Certificates (lu ) . . . . . . $ 2..4. /5D
RORliRoiatimr. (:QQIC-( k-. . . . . $ 15. DD
WILL- $ 15.cro
.JtDI\.-M: TOTAL _ $ 15.01)
Filed. . . . . . . . . . . . . . . . . . .iO'] ..IJ.D
:::---
DAVID H. STO E
39785
~s
ATIORN . !.D. No.
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
ADDRESS
717-774-7435
PHONE
ep\wills\FAILORdeCODICIL
CODICIL TO THE LAST WILL AND TESTAMENT
OF
DONALD E. FAILOR
I, DONALD E. FAILOR, of Silver Spring Township, Cumberland-;_
County, and Commonwealth of Pennsylvania, declare this to be the'Sole
Codicil to my Last Will and Testament dated April 2, 2001.
ITEM I:
I hereby add a new I tern IV. .J1~. Hhich shall provide as
follows:
"ITEM IV.A.
If my wife, RUTH E. FAILOR, predeceases me or dies
on or before the thirtieth (30th) day following my death, or upon the
death of my wife as provided in Item III.E., and should my son, DONALD
S. FAILOR, at the time of my death, be leasing the property at 7086
Carlisle Pike, Silver Spring Township, Cumberland County, Pennsylva-
nia, for the operation of a used car lot, I direct that my Executor
shall continue the lease for a rent of $1,500.00 per month so long as
my son, DONALD S. FAILOR, so desires and continues to pay property
taxes on the parcel and continues to maintain fire insurance on the
structures on the property. At such time as my son, DONALD S. FAILOR,
ceases any of the above, the lease shall terminate and the property
known as 7086 Carlisle Pike, Silver Spring Township, Cumberland
County, Pennsylvania, shall be distributed as a part of the residue of
my estate."
Page 1 of 2
ITEM II: In all other respects I hereby ratify, confirm and
republish my Last Will and Testament dated April 2, 2001, together
with this my sole codicil.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ____
j$J"
day of
'Dee.
, 2004.
9~ fff~
DONALD E. FAILOR
SIGNED, SEALED, PUBLISHED and DECLARED by DONALD E. FAILOR, 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.
ess
-d/cf 71q/1,V7 j/!. 4t-;)~/J171J1/
Address
:J;znA~ Jj. ~~
Wltness
/'j d ;~rr;yDf, (}.A01Jd<!IJ
Address . IW
Page 2 of 2
ep\will.\failor.de\S-97
~. -)
LAST WILL AND TESTAMEHT
OF
DOHALD E. FAILOR
t--...
--J
.,
I, DONALD E. FAILOR, of Silver Spring Township, Cumberland _.
County, Pennsylvania, declare this to be my last will and revoke any
will previously made by me.
ITEM I: I devise and bequeath all of my estate of every nature
and wherever situate to my wife, RUTH E. FAILOR, if she survives me.
ITEM II: Should my wife, RUTH E. FAILOR, fail to survive me, I
devise and bequeath all of my estate, of every nature and wherever
situate, in equal shares to such of my children as survive me. Should
any of my children predecease me, I devise and bequeath the share of
such child to his/her issue, per stirpes; and should any such child of
mine leave no such issue living at the time of my death, I devise and
bequeath the share of such child to my issue, per stirpes, living at
the time of my death.
ITEM III: I appoint my Executrix and her successors guardian of
any property which passes, either under this will or otherwise, to a
minor and with respect to which I am authorized to appoint a guardian
and have not otherwise specifically done so, provided that this ap-
pointment of a guardian shall not supersede the right of any fiduciary
in its discretion to distribute a share where possible to the minor or
to another for the minor's benefit. Such guardian shall have the
power to use principal as well as income from time to time for the
Page 1 of 4
minor's support and education (including college education, both
graduate and undergraduate) without regard to his or her parent's
ability to provide for such support and education, or to make payment
for these purposes, without further responsibility, to the minor or to
the minor's parent or to any person taking care of the minor.
ITEM IV: I appoint my wife, RUTH E. FAILOR, Executrix of this my
last will. Should my wife, RUTH E. FAILOR, fail to qualify or cease
to act as Executrix, I appoint my son, DONALD S. FAILOR, and my
daughter, SHARON A. RICH, Co-Executors of this my last will.
ITEM V:
No fiduciary acting hereunder shall be required to post
bond or enter security for the faithful performance of his/her duties
in any jurisdiction.
IR WI TRESS WHEREOF, I, DONALD E. FAILOR,
and seal this \JtJr.{A day of
have hereunto set my
hand
'hd'-
,
~$.h'~
DONALD E. FAILOR
, 1997.
SIGRED, SEALED, PUBLISHED and DECLARED by DONALD E. FAILOR, the
Testator above named, as and for his Last will and Testament, and in
the presence of us, who at his request, in his presence and in the
each other, have subscribed our names as witnesses.
{lp(.JJ( V'J>-. \'. ^_(, f.,..,
Address
.
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Address .
Page 2 of 4
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
: 55:
I, DONALD E. FAILOR, the Testator whose name is signed to the at-
tached or foregoing instrument, having been duly qualified according
to law do hereby acknowledge that I signed and executed this instru-
ment as my last will; that I signed it willingly and that I signed it
as my free and voluntary act for the purposes therein contained.
O~~L
DALE. FAILOR
Sworn to or affirmed to and acknowledged before me by DONALD E.
FAILOR, the Testator, this ~~
day of ';J I ~ "J
, 1997.
NOTARIAL SF.~.L
l{fWE R. U~!St<EY, i':,Aory Public
New Cum:)erl;:md Go~{;. C:Jfilberland Co,
I MYCom:n~~~pirG~ ~,1arch27,200:,
~J~ ~"l:~J"~
No ary Pub
COMMONWEALTH OF PENNSYLVANIA :
: 55:
COUNTY OF CUMBERLAND
.
.
We, 0.<1"';'/ /d ~ and ~ht .'11-.. A_<t
the witnesses whose names are signed to the attached or foregoing
,
instrument, being duly qualified according to law, depose and say that
we were present and saw Testator sign and execute the instrument as
his last will; that Testator signed willingly and that he executed it
as his free and voluntary act for the purposes therein expressed; that
Page 3 of 4
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 that
time eighteen or more years of age, of sound mind and under no con-
straint or undue influence.
v:;;;" 'fl1 A~
Witness .
Sworn to or affirmed to and acknowledged before me by
"""DavId. +I, s:'-ione
witnesses, this .8~ day of
and T; I'Id \V\. ~u..rk e j
'n.A'd ' 1997.
,
A~~~.,~
Notary Pu ic
_ NOTARIAL SEAl
KAYt R LUCV-\" -
N C, " ....\c. I~o!my Public
?/~'." u:,!:-.~e!;and 8o,ro. Cumberland Co.
",~~.,~,.".r1; ",S~,on EX~~~~.~,~:arch 27,200 I
Page 4 of 4