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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: o 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' 1..1A/'" l' e. "r (f,,~P 117L' r€A/ZOL6" 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 .............................$ RW-7A $~ $ '-t D {rD $ $ $ $ $~ $ $ ----LS..JDL ~ ~~~; Cj ~ SC) ~ . ~:g ,g --j "','[:? J W .o::n Attorney ,..-'..-.... :::::.. -..... pe /4;;;;; ---' ::?: - S60.Ui) Attorney: L IV" r c. 20?~Y 1.0. No: Address: 231/ #41Yf~r t'r ~ A 11,0 /I ;TJ.t ~A /717// Telephone: 761-/.96g l- -'-" , f 1 -c...! - - ~~.~ a 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. ~ JAftOlUlft.ebt . . Local Registrar q -) y-{)(P Date C) (;C) .~+?, -.=: ~) ; ;'i -" ,....'... r--...> = C".;) Q.-" o C) ---f f W ~ :;::1 ~~~ o 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 - 26 2006 Rehab. ado 14. IlaIUI SlaIus: Married. """..wried. CoIaQt (1-4 Of 5+l w~~ (Spooij! Oil Decedonl Lilli.. 170. 0 V-.OacedanIlivodlo r~? 17d.XK 1Io.00000000livod.... Carlisle _~0I rllp. CIy.1bo 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) o w fJ) ::> ~ ~ ~ 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. b. U....6li'f"T'\J<:: i-l........T Due 10 (0< as a """"-"" 01): . ~"l'~~_~~ Due 10 (0< as a a>nsaquonce o~; "'-",......."e. ~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 35. Regislnlr's' oend . N 36. O"'Flod(l/onlh.day.rear) -t>lo I- Z @ (,,) w o u. o ~ z Shermans Dale PA . PA 171 c,of'O Dc",,~'" 28. Ililr_lbeeo.tMAllo~1 o Vas 0""""'" 0110 ~ 29. .FtmoIo: Gl'"NoI.............. past_ o I'Iea-I allimo ai_ D Nol--. lid......... _ 42 dayI ol_ D Nol--. IIdpr~ 43day1lo 1 year -- o u...-................. post year 321:. PIooo.,...." Homo. Farm. SIr.... FaoIory. Olb IWdiog. aIc. (Sjlealil 321>. Descrile _Injury Occurr": 321. KT,-,",," Injury (Sjlealil O~ 0,,"- o _ 0 0Iw-Sptrdy: 3311. 32g. locdon CSlraal.,;ry-. stale) or" "'f!) 3341. Dale Signed (l/onIh. day. year) 9 -~ "'" 34. Name and _... 01_ Who CooqlIolad Causa 01 ~ (10m 27) Typoo'I'mI &Jl",~r ",? .J~c:P /\11> ;'p}fO GooP Hof'p ~p (See instructions and examples on reverse) o ~LJ'r ,P"" / 7o~-S- :J- /-12 ~ -trn4 U ".';", 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~ \~ fH \ 'PA I I 11 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