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Home My WebLink About02-06-06 CIT A TION Orphans' Court Division Court of Common Pleas Cumberland County, Pennsylvania IN RE: Donald E. Failor, Deceased No. 21-05-1110 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 1 (.. '; TO: Ruth E. Failor, 298 Ridge Hill Road, Mechanicsburg, P A 17050 Russell E. Failor, 1216 Summit Way, Mechanicsburg, PA 17055 Janis Blizzard, 524 Linwood Street, New Cumberland, P A 17070 Donna Weber, 7073 Carlisle Pike, Carlisle, P A 17013 Wendy McNiff, 93 Burley Street, Danvers, MA 01923 Sharon Rich, 18 Tiffany Drive, Carlisle, PA 17013 Donald S. Failor, 429 Dark Hollow Road, Shermansdale, P A 17090 C) GREETINGS: AND NOW, this 6th day of February, 2006, upon receipt of an instrument purported to be the last will of Donald E. Failor, dated April 2, 2001 a copy of which is enclosed, and which was filed within three months of the testator's death, the Register of Wills' of the Court of Common Pleas of Cumberland County hereby provides notice to all interested parties, that the Register of Wills may open the probate record, receive proof of the later instrument and amend her probate record unless cause is shown why she should not do so. Such cause is due within ten (10) days from receipt of this notice. Glenda Farner Strasbaugh Register of Wills David H. Stone, Esquire '.~ \~ In Re: Estate of Donald E. Failor ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-05-1110 CERTIFICATE OF SERVICE OF ORDER ORDER DATED: 02/06/06 JUDGE'S INITIALS: GFS TIME STAMP DATE: 02/06/06 INRE: Citation SERVICE TO: Ruth E. Failor. 298 Ridge Hill Road. Mechanicsburg. P A 17050 Russell E. Failor. 1216 Summit Way. Mechanicsburg. PA 17055 Janis Blizzard. 524 Linwood Street. New Cumberland. P A 17070 Donna Weber. 7073 Carlisle Pike. Carlisle. P A 17013 Wendy McNiff. 93 Burley Street. Danvers. MA 01923 Sharon Rich. 18 Tiffany Drive. Carlisle. P A 17013 Donald S. Failor. 429 Dark Hollow Road. Shermansdale. P A 17090 METHOD OF MAILING: ISI USPS ISIRRR D Hand delivered D Other: _ ENENVELOPE(S) BY: D Petitioner D Judge ISI Clerk of Orphans' Court DATE OF MAILING: 02/07/06 SERVICE TO: David H. Stone. Esquire ISI USPS DRRR D Hand delivered D Other: _ DATE OF MAILING: ~6 ENVELOPE(S) BY:D Petitioner D Judge D Clerk of Orphans' Court METHOD OF MAILING: ,~ " '!, / (\ \O.,{( ~t ML ~ - _____~ Margie A. 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Srate,2/1 '. .' \ STONE LAFAVER & SHEKLETSKI ATTORNEYS AT LAW DAVID H. STONE GERALD J. SHEKLETSKI ELIZABETH B. STONE 414 BRIDGE STREET POST OFFICE BOX E NEW CUMBERLAND. PA 17070 wwwstonelaw.net OF COUNSEL CHARLES H. STONE JON F. LAFAVER January 30, 2006 TELEPHONE (717) 774-7435 FACSIMILE (717) 774-3869 Register of Wills of Cumberland County Cumberland County Courthouse 1 Court House Square Carlisle, PA 17013 RE: Estate of Donald E. Failor PA File No. 21-05-1110 File No. 2005-01110 Greetings: Attached is the Last Will and Testament of Donald E. Failor dated April 2, 2001. This will supersede the Will dated May 30,1997, which was admitted to probate on December 27, 2005. We hereby request that this later Will be admitted to Probate pursuant to Section 3138 of the Probate, Estate and Fiduciary Code. Please note that the Codicil dated December 1, 2004, is still effective because it postdates this new Will being admitted for probate today. Very truly yours, STON~.I~~~AKER & SHEKLETSKI )' \ ., " . /. . I \ I " i \ " .' ,/1./' "c' I "\.--- D~~4"H: Ston~ DHS/kk Enclosure cc: Ruth E. Failor, Executrix , ep\willa\failorsr.don\4-01 ") LAST WILL AND TESTAMENT OF DONALD E. FAILOR I, DONALD E. FAILOR, of Silver Spring Township, County of C~mber- land, and Commonwealth of Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities) together with any existing insurance thereon, to my wife, RUTH E. FAILOR, if she survives me by thirty (30) days. Should my wife, RUTH E. FAILOR, not be living on the thirty-first (31st) day after my death, I bequeath such tangible personalty and insurance thereon to such of my children, RUSSELL E. FAILOR, JANICE R. BLIZZARD, DONNA LEE WEBER, WENDY LOU McNIFF, SHARON ANN RICH, and DONALD S. FAILOR, as are living on the thirty-first (31st) day after my death, to be divided among them by my Executrix with due regard for their personal preferences In as nearly equal shares as practical. ITEM II: If my wife, RUTH E. FAILOR, survives me by thirty (30) days, and if the federal estate tax due because of my death will be reduced by making this gift for her benefit, I devise and bequeath to my wife, RUTH E. FAILOR, absolutely, an amount equal to the least Page 1 of 10 ~ I I' amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculating the federal estate tax, except that such amount shall be calculated without regard to the augmenting of my taxable estate by reason of generation-skipping transfers and without regard for any credit for state death taxes that would not otherwise be payable. Accordingly, I direct that: A. If the marital deduction, or any similar benefit, is allowable with respect to any property, including property held by entireties, which my wife has received prior to my death or at my death will receive otherwise than pursuant to this Item II, the value of such property shall be taken into consideration in calculating the size of the gift under this Item II. B. No property ineligible for the marital deduction, or any similar benefit, shall be distributed to this gift for my wife, RUTH E. FAILOR, pursuant to this Item II. C. Either cash or investments or both may be allocated to the gift under this Item II. D. Any property allocated under this Item II In kind shall be valued at the value at which it lS finally included in my gross Page 2 of 10 , ' estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. E. If any provision of this Item II shall result in depriv- ing my estate of the marital deduction for federal estate tax pur- poses, such provision is hereby revoked and this Item II shall be read as if any portion thereof inconsistent with allowance of the marital deduction for federal estate tax purposes is null and void. ITEM III: If my wife, RUTH E. FAILOR, survives me by thirty (30) days, I devise and bequeath the residue of my estate, of every nature and wherever situate, to the Co-Trustees hereinafter named, IN TRUST, for the following uses and purposes: A. To pay the net income therefrom to my wife, RUTH E. FAILOR, for and during her lifetime in such periodic installments as the non-spouse Co-Trustee shall find convenient, but at least as often as quarter-annually. B. As much of the principal of this trust as the non-spouse Co-Trustee, in its sole discretion, may from time to time think advisable for the support of my wife to maintain her in the station of Page 3 of 10 , . life to which she is accustomed at my deathr shall be either paid to her or else applied directly for her benefit by the non-spouse Co- Trustee after taking into account her other readily available assets and sources of income. C. The non-spouse Co-Trustee may apply the net income of this trust for the support of my wifer RUTH E. FAILORr should she by reason of ager illness or other causer in the opinion of the non- spouse Co-Trusteer be incapable of disbursing it. D. In addition to the above provisionsr my wife shall have the power to direct Co-Trustees to pay to her or to apply out of principal in each yearr including the year of my deathr an amount not In excess of the greater of Five Thousand ($5rOOO.00) Dollars or five (5%) percent of the then aggregate value of the trust principal. This power is non-cumulative and can be exercised only by an instrument In writing signed by my wifer and delivered to Co-Trustees. E. Upon the death of my wifer RUTH E. FAILORr or upon my death should my wife predecease mer the Co-Trustees shall distribute the balance of the principal and any accumulated and undistributed income pursuant to the provisions of Item IV herein. ITEM IV: If my wifer RUTH E. FAILORr predeceases me or dies on or before the thirtieth (30th) day following my deathr or upon the death of my wife as provided in Item III.E. hereinr I devise and Page 4 of 10 bequeath all of my estate, of every nature wherever situate in equal shares to such of my children, RUSSEL E. FAILOR, JANICE R. BLIZZARD, DONNA LEE WEBER, WENDY LOU McNIFF, SHARON ANN RICH, and DONALD S. FAILOR, as survive me by thirty (30) days. Should any of my above named children predecease or die on or before the thirtieth (30th) day following my death, I devise and bequeath the share of such child to his or her issue, per stirpes, living on the thirty-first (31st) day following my death; and should any such child of mine leave no such issue living on the thirty-first (31st) day following my death, the share of such deceased child shall be added to the other shares created in this Item IV. ITEM V: Should any person entitled to a share of my estate not have attained the age of twenty-one (21) years at the time of distri- bution to him or her or, in the opinion of the Co-Trustees, be incapa- ble of disbursing his or her share because of illness or other cause, I devise and bequeath the share of each such issue to the Co-Trustees hereinafter named, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share so received, and the accumulation of income thereon, and to use and apply the income and principal, or so much thereof as, in the Co-Trustees' discretion, may be necessary or appropriate for such child's support and education (including college education, both graduate and undergraduate) without regard to his or Page 5 of 10 her parent's ability to provide for such support or education, to make payment for these purposes, without further responsibility, to such child or such child's parents or to any person taking care of such child. Any principal or income not so applied shall be distributed to such child absolutely when he or she attains the age of twenty-one (21) years or become competent. If he or she dies before obtaining age twenty-one (21) years or before becoming competent, the trust shall terminate and such shares shall be distributed to his or her personal representative. ITEM VI: The interests of the beneficiaries hereunder shall not be subject to anticipation or voluntary or involuntary alienation. ITEM VII: All federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this will, together with any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate without apportionment or right of reimbursement. ITEM VIII: My Executrix and Co-Trustees shall have the following powers in addition to those vested in them by law, and by other provisions of my will applicable to all property, whether principal or Page 6 of 10 income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including stock of a corporate fiduciary or of its parent holding company, without regard to any principle of diversification. B. To invest in all forms of property, including stocks, common trust funds and mortgage investment funds whether operated by my corporate fiduciary or others, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, and without regard to any principle of diversification. C. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property and to glve options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income, or partly to each, as they, from time to time, think proper in their sole discretion. E. To borrow from, or to sell to, my Co-Trustees even though such Co-Trustees may be my Executrix. F. To compromise any claim or controversy. G. To join with my wife, RUTH E. FAILOR, or her personal representative, in filing a joint income tax return without requiring Page 7 of 10 her to indemnify my estate against liability for the tax attributable to her income and to consent to any gift made by my wife during my lifetime being treated as having been made one-half by me for purposes of the federal gift tax law. ITEM IX: I appoint my wife, RUTH E. FAILOR, and my daughter, WENDY LOU McNIFF, Co-Trustees of any trusts created by this my last will. Should either Co-Trustee fail to qualify or cease to act as Trustee, I appoint my daughter, SHARON ANN RICH, successor Co-Trustee to act in her place. ITEM X: 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 daughter, WENDY LOU McNIFF, Executrix with the same powers and duties of this my last will. ITEM XI: I direct that my Executrix and Co-Trustees and their successors shall not be required to give bond for the faithful perfor- mance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, DONALD E. FAILOR, have hereunto set my hand and seal this 2 day of Apu1 , 2001. 9J;treef:tJ g ;t:cu:a-t. DONALD E. FAILOR Page 8 of 10 SIGNED, 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 have subscribed our names as witnesses. ;Jeoj~fg-~ .~. , Address ;llffl-~LZ ~}7 . ./cI~ ~..'cO Witness 'J1 L,,J (!L,l-'n.~tC'-/(/VLLL I~ Address COMMONWEALTH OF PENNSYLVANIA) ) SS. COUNTY OF CUMBERLAND ) I, DONALD S. FAILOR, the Testator whose name is signed to the attached 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. y~'-- ~L~i' fl ;t'~~ DONALD E. FAILOR Sworn to or affirmed to and acknowledged before me by DONALD E. day of ~, 2001. FAILOR, the Testator, this ~ Ii~;k ~~ Notary P~lic Page 9 of 10 NOTARIAL SEAL i . i'AT~ICHIA L. YOTER, Notary Public l' New Cumberland Bom. Cumberland Co. . .~1YQ~!f!:.~~~:ion Expires Nov. 18, 2002 COMMONWEALTH OF PENNSYLVANIA) ) SS. COUNTY OF CUMBERLAND ) We, ~ ),,"> l", _\~ and ;X'~ 'yJl. j.,4 hL(;'~ 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 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. I.~f-U../}/~ '}'n. ,I'll, '~(/vL~ Wi tness V Sworn to or affirmed to and acknowledged before me by ONn ~ (1""'\H and D&/l/'V/3 /4, /-/;-fAU;JG- this 0. day of ~J , witnesses, , 2001. ~~;.;t. ~~ Notary Public / Page 10 of 10 NOTARIAL SEAL j PATRlCHIA l. YOTER, Notary Public I ~~ew Cumberland Boro. Cumberland Co. , My ~y~misslon Expires Nov. 18,2002