HomeMy WebLinkAbout10-03-06
Estate of /IE- ie AI
also known as
PETITION FOR GRANT OF LETTERS
ff r cAl.%~J.e No. J 1- 0lP-O~7lf
, Deceased
Social Security No. 1'1/- ~, .. , 70'
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
O A. Probate and Grant of Letters a!).d aver that Petitioner(s) is/are the execut",r
Decedent, dated :r u Ve 30 iJ 1'1 V /j and codicil(s) dated
named in the Last Will of the
State relevant circumstances. e.g., renunciation, death of executor, etc
Except as follows. Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate: was not the victim of a killing and was never adjudicated incapacitated:
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B. Grant of Letters of Administration
(c.I.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner{s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
1'..)
Relationship
Name
~~cjence
c::.:>
(:;,.,
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in ~/lH,g e ~ I. A J,/b County, Pennsylvania, with his/her last family or principal
residence at 1.23 AI. ~S'+If "r ~AJtI p N~J,. t. IA /1()//
(list street, number and municipality)
Decedent, then qO years of age, died gefTENRJ6R21/, 2~1)&, at rWeHiJPT P,lttrA/G I JleJlAA !/~
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PAl All personal property ......................................... $ GOO J tJ (J IJ. t:7 0
(if not domiciled in PA) Personal property in Pennsylvania .................... $
(If not domiciled in PA) Personal property in County .............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total.......... ............. .... ................ ............... ......... .............................. ....... ..... ........ $ C t;JO . 00 (). D 0
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
223 AI ~ft 5'
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Signature
Typed or printed name and residence
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Dauphin
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, a~'2.81 representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate acco~~ law. L~
Sworn to and affirmed and subscribed ,'X ~ ~
before me this A II tI day of
Jlt~ ~~s~
~~
DECREE OF REGISTER
Estate of /IE '-EM H. f'E#r(!/.E
also known as
Deceased
No. a (- () (p -nO 7Y
Social Security No: /9/- ~6 - 671l B Date of Death: r'E/J1E114~R 2 ~ ).,IIO{'
AND NOW, () (', fz) ~.V' ~ ~ , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters f4'iestamentary 0 of Administration
(c.I.a., d.b.n.c.l.; pendente lite; ?urante absentia; durante minoritate)
c.
reA/r~L6
are hereby granted to
1. .r AlII r'
in the above estate and that the instrument(s), if any, dated 'JIJAl6 1 0,) /9 '18
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ............................ ........
Short Certificate(s) ......~.o....
Renunciation ..........................
Affidavit ( ) .......................
Extra Pages ( )..............
Codicil .................................
JCP Fee ....:t..!:bt.D1...........
Inventory & Tax Forms.............
Other............. .W.. {..I. {.............
TOTAL .............................$
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$
$
$
$
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$
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Attorney: L IV" r c.
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Address: 231/ #41Yf~r t'r
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Telephone: 761-/.96g
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DATE FILED:
105.805 REV 1/05
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. 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 this certificate, $6.00
P13026810
No.
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. Local Registrar
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HlllS.l43 Roll. 01.\16
TYPEIPIllNT II
PElUIAHEIIT
BLACK ilK
,. Name 01 Dee_ (First. middle. last)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
3. SociII SecuriIy_
STATE AlE N\Jt.lBER
4. Dale 0I1lu1ll ~ day. JIll!
HELEN M. FENICLE
5. 1qa (Us1 biIhdIy)
90
Ilb. County 01 Death
Cumberland
VIS.
Carlisle
11. Decedonl'sU...1 KindolWOft<donedoril rroslof lfe'donOUIale,.lired
Kind 01 WOltl Kind 01 BusinesSl1nduslly
Laborer HERCO, Ine
. 16. Dee_. I.IaiiIg oIdd,oss (SIr"', clyllown. slall. z" c:od.)
223 N. 25th Street
Camp Hill, PA 17011
13. ~s EducIIion
T""IVISocondary (0-12)
Penna.
Cumberland
17a. Slafa
17b. County
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2006
Rehab.
ado 14. IlaIUI SlaIus: Married. """..wried.
CoIaQt (1-4 Of 5+l w~~ (Spooij!
Oil Decedonl
Lilli.. 170. 0 V-.OacedanIlivodlo
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17d.XK 1Io.00000000livod.... Carlisle
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18. FatlIa(s Name IFrs!. _.Iast)
Charles E. Souder
2Oa. Intx...... Nan>> (TypWprinI)
Linus E. Fenicle
19. _. Name IF.... _. moidan sumamo)
Margaret Jane Adams
211I. InIonrenl'sl.laiilg_oss (S1raal.~. stalo, Z"_l
223 N. 25th Street. Camp Hill, PA 17011
21d.lDc:a1ion(ClyJ1oool,_.z9codel
210. Place 01 DispoUion IN... of COIIIIIoly. c:rtmaIoIy Of.... place)
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24. TmeolOeajQf
. CAUSE OF DEATH (See IMlnIcllon..nd ... )
..... 27. Poll I: EnIer the ~ - diseas.., inpios. 0<""""_ -lIlaI dirldly ......1Ile dealll. 00 NOT ....or 1_....-..... as canIiac-.
'......1Ory an.... Of _'I!b,iIallon -.. shclMIQ IIle atioIoGY. 00 NOT abbrllViala. EnI8. only ona causa on a lIIa.
IlllEDlATE CAUSE (f"Nl_sa 0<
c:ondijoo resuIIing in dealll) -? a.
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U....6li'f"T'\J<:: i-l........T
Due 10 (0< as a """"-"" 01):
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Due 10 (0< as a a>nsaquonce o~;
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~1Ir1sl...-.. Wany,
IeIding 10 the cause Isl.. on line a.
. EnIar... UHlllRL Y1NG CAUSE
. (disaasa or ...., lIlaI initial.. the
..- rosuIing in dealllILAST.
Oue 10 (0< as a consequence 01):
d
3Ob. Wore Autopsy Findings
Ava_PriorIo~
01 Causa 01 Dealll1
o V.. ONo
31. _ofDeaIh
~""al 0 Homicide
o AccidenI 0 Pending IrwOSligaIlon
o Suicid. 0 CoIAd NoI Be oelorhloied
3Oa. Was an ~
Por1onnod1
324. Dall of Injufy~. day, year)
o V.. a1lo
32d. Tme 01 \njlry
II.
334. CorlIfIer (_ only one)
CIrllIylng physician IPhysicion cet1ifying cause 01_ when anoIhor pIlysician has pronounced death and""""" lorn 23)
To the _ 01.., _go. daolfl__ duo 10 the c:auso(.).... me......I_
_.... SlId COfIIIyIng p/lyslc:.... (Physician _ pronouncing _ Ind ur1ifyinIJ Io..usa 01 dea!ll)
To 11IO _ 01.., -.e. _ occurrad 1111Io limo, dale, SlId .e, SlId duo 10 11Io cause(s) and me_ a..-
1IedIcaI~
On 11Io..... 01..._......- _tIgalIon, In .., opinion, dNlh ocourrocl althe limo. dale. and place. SlId due 10 11IO c:auso(s) and _.. ___0
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o I'Iea-I allimo ai_
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D Nol--. IIdpr~ 43day1lo 1 year
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o u...-................. post year
321:. PIooo.,...." Homo. Farm. SIr.... FaoIory. Olb
IWdiog. aIc. (Sjlealil
321>. Descrile _Injury Occurr":
321. KT,-,",," Injury (Sjlealil
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3341. Dale Signed (l/onIh. day. year)
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34. Name and _... 01_ Who CooqlIolad Causa 01 ~ (10m 27) Typoo'I'mI
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(See instructions and examples on reverse)
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LAST WILL AND TESTAMENT OF HELEN M. FENICLE
I, HELEN M. FENICLE, presently of Hershey, County of Dauphin, Commonwealth of
Pennsylvania, being of sound mind and disposing memory, realizing the uncertainty of this life, do
hereby make, publish and declare this to by my Last Will and Testament, revoking any and all
previous Wills and Codicils, and hereby will and dispose of all the property which I own at my death
in the following manner:
1.
As Executor of this my Will I name and nominate my husband, Linus L. Fenicle; if he shall
for any reason fail or be unable to serve as Executor, either before or during his service as Executor,
then I name and nominate my son, Linus E. Fenicle, as Executor. If he shall for any reason fail or
be unable to serve as Executor, then I name and nominate my daughter-in-law, Sharon L. Fenicle,
as Executrix.
n.
I direct that my debts and the expenses of my last illness and funeral shall be paid by my
Executor as soon after my decease as may be convenient.
m.
All of my automobiles, household and personal effects and other tangible personalty of like
nature, together with insurance thereon, I give to my husband, Linus L. Fenicle, if he shall survive
me by a period of thirty (30) days; but if my said husband does not so survive me, then to my son,
Linus E. Fenicle.
IV.
If my said husband shall survive me for a period;~fi;tl:li11y, (30) ~1Q I devise and bequeath
.LCl I',,_j :., !':uU
unto my said husband, outright and absolutely, all the rest, resitfue'2uidJremainder of my estate, real
and personal and mixed, including any property over 'fhi~fl~rlay~_a'i~el1)~ffwer of appointment.
J/ }y;, 5-
1
v.
If my said husband shall fail to survive me for the said period of thirty (30) days, but if my
said son, Linus E. Fenicle, shall survive me, then I bequeath and devise all the rest, residue and
remainder of my estate, real and personal and mixed, including any property over which I may any
power of appointment, unto my said son, Linus E. Fenicle.
If my said son shall fail to survive me then I bequeath and devise all the rest, residue and
remainder of my estate, real and personal and mixed, including any property over which I may have
any power of appointment as follows:
A. Fifty percent (50%) onto my daughter-in-law, Sharon L. Fenic1e.
B. Fifty percent (50%) onto Sharon L. Fenic1e, as Trustee, of a trust for the benefit of
my surviving grandchildren, Benjamin A. Fenicle and Lauren E. Fenicle, or the issue
of any deceased grandchild of mine; and my said Trustee shall hold, invest and
reinvest, collect the income therefrom, pay all taxes and other charges that may be
made properly against the said estate, and distribute the income and principal thereof
as follows:
7/ [YJ. .T
1.
During the period of said trust for said beneficiaries, my said Trustee shall
apply so much of the principal and income of the said trust as is, in the sole
discretion of my said Trustee, necessary for the benefit, support, maintenance
and education of said beneficiaries.
2.
When the youngest of my surviving grandchildren attains the age of 18 years,
my said Trustee shall divide the balance of accumulated income and principal
of said trust into as many equal shares as there are then living grandchildren
of mine or issue of a deceased grandchild of mine so that my Trustee shall
have divided the said balance of the said trust estate into as many shares as
there are grandchildren of mine represented either by themselves then living
or by their issue then living. My Trustee shall continue to hold the said trust
shares, in trust, and make distribution as herein set forth. My Trustee shall
distribute the principal and accumulated income to any such beneficiary as
follows: one-third upon attaining the age of 22 years, one-half of the
remaining balance upon attaining the age of 25 years and the balance of
accumulated income and principal upon attaining the age of 28 years.
If the said beneficiary shall die at any time during the continuance of this said
trust, leaving issue then surviving, the principal and accumulated income, if
any, of this trust for this said beneficiary shall be paid over to his said issue
per stirpes; provided, however, that if any of said issue be under the age of 18
3
2
years my said Trustee shall apply the income and principal of their respective
shares, in my Trustee's sole discretion, for the benefit, support, maintenance
and education of such issue, without the intervention of a guardian.
4. If said beneficiary shall die at any time during the continuance of this trust,
leaving no issue then surviving, the principal and accumulated income, if any,
of this said trust for this said beneficiary shall be paid over to my said Trustee
in trust, for the benefit of my surviving grandchild or grandchildren or their
issue, subject, nevertheless, to the provisions herein above.
5. Should the shares of a beneficiary, in the opinion of my Trustee, be or
become too small to warrant the placing or continuing such fund in trust, or
should its administration be or become impractical for any other reason, my
Trustee may pay such share absolutely to the person or institution
maintaining the beneficiary, or may deposit such share in the beneficiary's
name in a savings account of my Trustee's choosing, payable to the
beneficiary at majority.
IV.
No principal or income payable or to become payable under this Will or under any Trust
created by this Will shall be subject to anticipation or assignment by any beneficiary thereof or to
attachment by or to the interference or control of any creditor of any such beneficiary, or be taken
or reached by any legal or equitable process in satisfaction of any debt or liability of such beneficiary
prior to its actual receipt by the beneficiary.
v.
In the event that any beneficiary or legatee of any trust estate, by reason of illness, age,
incapacity or other cause, shall, in my Trustee's opinion, be unable properly to receive and disburse
the income or principal to which he may be entitled, then my said Trustee, in his sole discretion,
shall pay and apply the income and principal due such beneficiary or legatee to his comfortable
maintenance and supports without the intervention of any guardian or committee and without being
required to apply to any court for leave to make such payments. The powers exercised under this
provision shall rest solely in the discretion of my Trustee.
'JI. In. 5-e
3
Vill.
My Executor shall payout of the residue of my estate as an expense of administration all
estate taxes, inheritance taxes and other death taxes of any nature which may be imposed upon any
devise, legacy or appointment made in this Will.
IX.
I give to my Trustee the following powers, in addition to and not in limitation of common
law and statutory powers:
E.
F.
)/.,rn 5-
A.
To retain any property, real or personal which Trustee may receive as Trustee, even
though such property (by reason of its character, amount, proportion to the total trust
estate or otherwise) would not be considered appropriate for a fiduciary apart from
this provision.
To sell, exchange, give options upon, partition or otherwise dispose of any property
which Trustee may hold from time to time, at public or private sale or otherwise, for
cash or other consideration or on credit, and upon such terms and such considerations
as Trustee shall see fit, and to transfer and convey the same free of all trust.
To invest and reinvest the trust estate from time to time in any property, real or
personal, including securities of domestic and foreign corporations and investment
trusts, bonds, preferred stocks, common stocks (whether fiduciary or non-fiduciary),
mortgages, mortgage participations, even though such investment (by reason of its
character, amount, proportion to the total trust estate, or otherwise) would not be
considered appropriate for a fiduciary apart from this provision.
To make loans, secured or unsecured, in such amounts, upon such terms, at such
rates of interest, and to such persons, firms or corporations as Trustee shall think
fit.
B.
c.
D.
In dividing into separate trusts or shares or in distributing same, to divide or
distribute in cash, in kind or partly in cash and partly in kind, as Trustee thinks fit.
For purposes of division or distribution, to value the trust estate and any part thereof,
reasonably and in good faith, and such valuation shall be conclusive upon all parties.
To whatever extent division or distribution is made in kind, my Trustee shall, so far
as Trustee finds practicable, allocate to the respective beneficiaries approximately
proportionate amounts of each kind of security or other property in the trust estate.
To use his discretion to elect the most propitious settlement option with regard to any
qualified employee benefit plans available to me at my death so long as such election
shall be in accordance with the Plan's Administrative Committee or Administrator
as the case may be.
4
G. To borrow money without liability on the part of the lenders to see to the application
thereof, and to mortgage or pledge any real or personal property.
x.
I give to my Executor, in addition to and not in limitation of common law and statutory
powers, all of the powers and discretions given to my said Trustee in Paragraph IX hereof. All such
powers and discretions may be exercised by my Trustee or by my executor without application to
any court.
XI.
I direct that no bond or other security be required of my said Executor or Trustee in any
jurisdiction in which he may act.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of seven (7) typewritten pages, the first five (5) of which bear my signature
in the margin for the purpose of identification, this 30 -rll day of June, 1998.
'~J,Jj,/)/l }r1. ~ f~~~
Helen M. Fenicle, Testatrix
Signed, sealed, published and declared by the above-named Testatrix, Helen M. Fenicle, as
and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight
and presence and in the sight and presence of each other, have hereunto subscribed our names as
witnesses.
Ji~ Ham vn (FYV
Address !;{;Z9 R~~ f2cL
m-e.eJzCvr~~ ' PA 17osS-
c y'(~ Ji." ~ 1 m,~ ~'fi.,t)dress
~o~nC~d SiUU~
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5
COMMONWEALTH OF PENNSYLVANIA
)
: SS:
)
COUNTY OF Ctlm t1/lanO
I, Helen M. Fenicle, the Testatrix, whose name is signed to the foregoing instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last
Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
Sworn or affirmed to and acknowledged before me by Helen M. Fenicle, the Testatrix, this 3{JHl
day of June, 1998.
JI/~~1 m. ..q:-<>,~
Helen M. Fenicle, Testatnx
~i Q.~
Notary Public
NoIad8l8eBI Public
LoriA. ~"~nd County
CenIp HIlI ~. CIJ".~IQ 001
My CommisSIon Explre:s.Qct. 1, 2
Member. Pennsylvama Assoclatior, of N()tane~
COMMONWEALTH OF PENNSYLVANIA
fuM ~flCU-J
)
: SS:
)
COUNTY OF
We, chO(1(nL ~ Schae-k( and Linda. Homm6YL , the witnesses
whose names are signed to the foregoing instrument, being duly qualified according to law, depose and say
that we were present and saw the aforesaid Testatrix sign and execute the instrument as her Last Will and
Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and
that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound
mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me, this~ day of June, 1998.
5/J~ !-Ir:un mo>J
Witness
~f' ~~~ 1\\ j. hciJ.
Itness
~'O. lfickMti
Notary Public
Noeiaf Seal
Lori A. RIcham. ~ PubIc
Qan:1p HI". ~o. Cumberland County
My CommissIon Expire~,Oct. 1, 2001
Member PennsVlvanla ASSOCiation of Notane~
6