HomeMy WebLinkAbout01-13-12PETITION 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 requests the grant of Letters in the appropriate form:
Decedent's Information
Name: Ian C. Spitzer File No: 21-12 - C~~ 5a
a/k/a: (Assigned by Register)
a/k/a:
aJk/a: Social Security No:
Date of Death: 12/20/2011 Age at Death: ~
Decedent was domiciled at death in Cumberland County, pA (State) with his/her last
principal residence at 2210 Dickinson Avenue, Camp Hill 17011 Camp Hill Borough Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 1701 Linglestown Road, Harrisburg 17110 Susquehanna Twp 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 $
!f not domiciled In Pennsylvania ................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania ................ Personal property in County $
Value of real estate in Pennsylvania ................................................................... $ 150,000.00
~ TOTAL ESTIMATED VALUE $ 150,000.00
Real estate in Pennsylvania situated at 2210 Dickinson Avenue Camp Hill Borough Cumberland
(Attach additional sheets, rl necessary.)
Street address, Post Office and Zip Code City, Township or Borough County
® A. Petition for Prohate and Grant of Letters Testamentary
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated
thereto dated
08/23/2011 and Codicil(s)
c_~_s n c.,:a_,.~ _......s..a..d C......n4nr under 4hn Will i~ rnnnr~nrinn ~nrl nnmin~4i11n ('~rnfehan I _ ~DltZer.
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.
® NO EXCEPTIONS ~ EXCEPTIONS ,{-
m B. Petition for Grant of Letters of Administration (If applicable) ~• '/ . 4-
c.t.a., d. b. n., d. b. n. c. t. a., pedente life, durante absentia. durance minoritate
If Administration, c.t.a ord.b.n.c.t.a., Pnter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to.pending divorce proceedin 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 Relationship Address c"'a -
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Form RW-O2 rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland } ~ - o ~~iatugeorilY ~-
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Petitioner(s) Printed Name Petitioner(s) Printed Address
Gretchen L. Spitzer 765 Vista Drive I~~.~F S~.
Camp Hill, PA 17011 ~)~~-'~-!,r"'Pf"; ,~i~ !f=+T
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The Petitioner(s) above-named swear(s) or affirm(s) the statemen i the foregomg Netttlon are true ana correct ro me nest or the Icnowleage ana
belief of Petitioner(s) and that, as Personal Representative(s) of ecedent, P itio (s) will well and truly administer the estate according to law.
Sworn to or affirmed an subscribed before Date ` ~ 3 ~~
me this day of° ~ t ~ ~ Date
~ Date
By:
For the Register Date
BOND Required? ~ YES ~ NO
FEES:
Letters ..........................................
(~J )Short Certificate(s).........
( -~ )Renunciation(s) ..............
( )Codicil(s) ........................
( )Affidavit(s) ......................
Bond .. ...........................................
Comm ission ..................................
Other
~,l ~ ~ 1 l
Automation Fee ............................
JCS Fee .......................................
TOTAL .........................................
$ a ~ ).CEO
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To the Register of Wi11s:
Pleas ,gnter my appearance by my signature below:
ney Sig
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PrinEed Name: I Neil W. Yahn
Sup eme Cou
ID N tuber: 82278
Firm Name: James, Smith, Dietterick 8~ Connelly, LLP
Address: P.O. Box 650
Hershey, PA 17033
Phone: 717/533-3280
Fax: 7171533-7771
E-mail:
DECREE OF THE REGISTER
Date of Death: 12/20/2011
Social Security No:
Estate of Ian C. Spitzer File No: 21-12 - CUG.~
a/k/a:
AND NOW, , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Gretchen L. Spitzer
in the above estate and (if applicable) that the instrument(s) dated 08/23/2011
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Register of Wills
Form RW-O2 rev. 10/11/2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 2 of 2
Oath of Personal Representative --o ~aaru,.orly .~ .
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COMMONWEALTH OF PENNSYLVANIA ) ' " ' `' ' 'J
} SS:
COUNTY OF Cumberland } ~ ;. , ~ t 1t ~
Petitioner(s) Printed Name Petitioner(s) Printed Address
Grotehen L. Spl~er 765 Vista Drive K jJF
Camp HIII, PA 17011 Q~}-{jafd~S vl~~~{'!~
TL_ f1_~'v
belief of Petitioner(s) and that, as Personal Reprosentative(s)rof r~ aedent~Pl I~tigr`ae~mr(s) wl~l well and truly adm nisterbtehe slat accolyding to aw.
Sworn to or affirmed an subscribed before ~~~ ,, ., v Dom, ~~ -~3-~~.
me thi n day of ~+'-`~' J Drna
By ~~.rLd ~e+ g Dab
For the Repiafer
Data
BOND Required? ~ YES a NO
FEES:
Letters .......................................... $ al~(~.C~6
(5 >snort cenlrcate(S>......... ~ n . 00
( 'a )Renunciation(s) .............. ) () . O Q
( )Codicil(a) ........................
( )Affidavit(s) ......................
Bond .............................................
Commission ..................................
Other
To the Register of Wills:
below:
Name: )Neil W. Yahn
ID N4mber: J 82278
Firm Name: James. Smith, DfatteHck 8 Conneliv_ LLP
Address: P.O. Box B50
Hershey, PA 17033
Automation Fee ............................
JCS Fee ....................................... 5
TOTAL ......................................... $ ~
Phone: 717!533-3280
Fax: 717/533-7771
E-mail:
DECREE OF THE REGISTER
Date of Death: 1 212 012 01 1
Soelal SseuHty No:
Estate of lan C. Spitzer File No: 21.12 - QO.r..i
a/k/a: _
AND NOW, , X110" , in consideration of the foregoing Petition,
satisfactory proof havin een press a afore me, IT IS DECREED that Letters acv ,Arun 1r>,S~CGc~i rr''1 -f-,Q
are hereby granted to Gretchen L. Spitzer
in the above estate and (ff applicable) that the instrument(s) dated 08/2312011
described in the Petition be admitted to probate and filed of record asl}pe last Will (and Codieil(sll ~enwdnnil
~1'(eglSror OT WIIIS" / ~ ~/t~r /~~,[~/ Q
Form RW-02 rev. fOH 1Q011 Copyright (c) 2011 form eorlware only The Lackner Group, In . ~l[~1 iL~L//^/Oj[' Pa e 2 0l2
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LAST WILL AND TESTAMENT ~ ? `=«
OF : ~,
IAN C. SPITZER `' ~ '
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I, IAN C .SPITZER, make this to be my Last Will and Testament, and I hereby
revoke any previous Will.
FIRST: I direct my Executor to pay all my last illness and funeral expenses as soon as
convenient.
SECOND: I give and bequeath all interests in Spitzer Appraisal Services, LLC, and all
assets used in the business (including bank accounts and intangible personal property) to those persons
employed in the business at the date of my death, in as equal shares as practicable, or they can elect (if the
election is unanimous) to have the Executor sell such assets, and deliver the proceeds of such sale or sales
to them. I give and bequeath all my watches and knives to my son, Barrett Spitzer; and such personal
effects, especially paintings and furniture, furnishings, other jewelry, other tangible personal property of
every kind, except only that used in a business or held for investment, and insurance thereon, as selected
for my children, by the Executor, considering their preferences, I give to my children in as equal shares as
practicable. Any items not so disposed of shall be sold by my Executor and the proceeds added to my
residuary estate.
THIRD: All the rest, residue and remainder of my estate, of whatsoever nature and
wheresoever situate, including that over which I have a Power of Appointment, I give, devise and
bequeath in as equal shares as practicable, to my children, to be held, administered and distributed by the
guardian of the estate of my children named herein, but if no children survive me, then absolutely and free
of trust to my siblings, per stirpes.
FOURTH: I direct that all estate, inheritance and other taxes in the nature thereof,
together with any interest and penalties thereon, becoming payable because of my death with respect to
the property constituting my gross estate for death tax purposes, whether or not such property passes
under this Will, be paid from the residue of my Estate.
FIFTH: My Executor is hereby authorized and empowered, in addition to such powers
granted executors by law, all exercisable without court order: (a) to sell securities or other property, real
or persona] or both; (b) to borrow money from such persons as it may desire, including the power to
borrow from itself as an individual or as a fiduciary under any Trust Agreement for any purpose
necessary or desirable in connection with the payment of taxes or other matters incidental to the
settlement or administration of my Estate, or for investment purposes, on either a secured or unsecured
basis, at such rate of interest as my Executor may deem acceptable and to sign notes and to pledge the
assets of my Estate as security therefor; (c) to make non-prorata distributions in kind or partly in kind or
partly in cash; (d) to retain all or any part of my property, real or personal, constituting my Estate for such
time as my Executor deems best or to invest or reinvest the Estate in any property, real or personal, of any
kind or nature, including stocks, bonds, mortgages, other securities without being limited or restricted to
investments as now or may hereafter be prescribed for fiduciaries by law. Executor may invest, reinvest,
buy, sell or trade options, puts, calls, or any other type of financial instrument, the nature of which need
not be contemplated or in existence at the time this Will is written.; without being restricted to "legal"
investments (e) to file income tax returns; (f) to compromise claims against or in favor of the Estate,
with or without Court approval on such terms and conditions as Executor deems appropriate, in my
Executor's sole discretion; (g) if the Estate includes any interest which I had in a business at the time of
my death, whether the same is a sole proprietorship, apartnership, or a corporation in which I owned all
or a substantial portion of the stock, to continue the business, until such time as my Executor deems
advisable to sell, liquidate or distribute the same in kind. Executor shall have all rights and powers in
connection with the business as I had when living, including by way of example and not limitation, the
powers to operate or join in the operation thereof as a going concern, to form or re-form a general or
limited partnership, to incorporate or re-incorporate and to liquidate or sell the same or any part thereof,
all as it deems advisable for the best interests of the Estate and of the beneficiaries thereof; without any
liability for loss resulting from the operation of said business except where such loss is the result of
negligence or fraud on the part of the Executor; (h) to receive, for its services in connection with any such
business, such additional compensation as may be commensurate therewith; (i) and to claim, in my
Executor's discretion, expenses of administration of my Estate as deductions for federal income tax
purposes, when this will result in an overall reduction of income and death taxes for my Estate.
SIXTH: I nominate, constitute and appoint ROBERT C. SPITZER, or his nominee, as Executor
under this my Last Will and Testament. No bond shall be required in this or any other jurisdiction of my
Executor.
SEVENTH: I hereby nominate, constitute and appoint GRETCHEN L. SPITZER, or her
nominee, as Guardian of the estate of any minor or other beneficiary physically or mentally unable to
manage his or her affairs and to serve without bond in this or any other jurisdiction.
If any beneficiary of my estate is under the age of eighteen (18) years at the time at which
distribution of any property devised and bequeathed by this Will would otherwise be made to such
beneficiary, or is unable to manage his or her own affairs, my Executor shall distribute all such property
to the guardian of the estate of such beneficiary.
The guardian shall hold, manage, invest and reinvest any property received by the guardian
(whether under this Will or otherwise), shall collect the income thereof, and shall apply so much of the
net income and, if the net income is insufficient, so much of the principal of the property held for such
beneficiary as the guardian shall deem necessary or advisable for such beneficiary's health, maintenance,
support and complete education.
The guardian shall accumulate any surplus net income annually and add the same to the
principal of the property held for such beneficiary.
When such beneficiary attains the age of eighteen (18) years, or becomes able to manage his or
her affairs, the guardian shall distribute to such beneficiary al] property held by the guardian for such
beneficiary.
If such beneficiary dies before attaining the age of eighteen (18) years, or becoming able to
manage his or her affairs, the guardian shall distribute to the personal representative of such beneficiary's
estate al] property held by the guardian for such beneficiary.
EIGHTH: If GRETCHEN L. SPITZER does not survive me, or is unable to act as Guardian of
the person of our children, then I hereby nominate, constitute and appoint Karen Borton, or her nominee,
as Guardian of the Person of my children, with the specific request that my children live with Karen
Borton, or nominee until the completion of their education. As guardian of the person, Karen Borton, or
nominee shall not be required to enter or post bond in this or any other jurisdiction.
NINTH: The compensation payable to my Executor shall be the compensation due, in
accordance with the fee schedule of my Executor at the time such services are rendered, or if my Executor
is an individual, such compensation shall be reasonable compensation.
TENTH: The words "child, children, or issue", as used in this Will, shall include adopted
persons and persons born or adopted after the date of this Will, respectively unless expressly stated to the
contrary.
ELEVENTH: I hereby authorize my Executor in addition to all powers granted by law, to make
such election in connection with settlements under employee benefit plans in which I have an interest as
my Executor deems most advantageous under all the circumstances.
IN WITNESS WHEREOF I IAN C. PIT t e Testat r, to this my Last Will and
Testament, have set my hand and seah this `?~ da a S~ , 2011.
,,
--~ ' _<. (SEAL)
N C. SPITZER
Signed, sealed, published and declared by IAN C. ZER, the said Testator, as and for his Last Will
and Testament, in our presence, at his request and in the presence of each other have hereunto set our
hands an~e lls~ ads attestin witnesses. /~
~' residing at ~~~ ~`
residing at
COMMONWEALTH OF PENNSYLVANIA: SS:
COUNTY OF DAUPHIN:
We, IAN C. SPITZER, testator, and ,and the witnesses,
respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the instrument as his last will, and that he had signed willingly and
that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses in the presence
and hearing of the Testator signed the as witness; and that to the best of his knowledge the Testator was at that time eighteen
or older, of sound mind and under n~p''onstraint onfluence.
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witness
witness
Subscribed, Sworn to and acknowledged before me by IAN C. SPITZER ,(Testator), and Subscribed and Sworn
to before me by ,and the witnesses, this day of
2011. - '
SEAL
Notary Public
My Commission Expires:
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OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS OF CUMBERLAND
Estate of Ian C.
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Deceased -
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Robert C. Spitzer ~T; _1 ~ ~~ "~ `~
(each) a subscribing witness:~o
(Pont Names)
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 his /her presence and in the presence of each other.
(Signature)
(Street Address)
(City, State, Lp)
Executed in Register's Office
Sworn to or affirmed and subscribed
befo a me thi~da
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C v v_ 1 1
Deputy for Register of Wills
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(Signature) Robert C. Spitzer
831 Hillside Drive
(Street Address)
Camp Hill, PA 17011
(City, State, L'p)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Notary Public
My Commission Expires:
(Signature and seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
COUNTY, PENNSYLVANIA
Form RW-O$ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Ian C. Spitzer ,Deceased
Beverly D. Spitzer and
(Print Name) (Pont Name)
(each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well-
acquainted with Ian C. Spitzer and am /are familiar
with the handwriting and signature of the decedent, and that the signature of Ian c. Spitzer
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
Ian C. Spitzer is in his /her own proper handwriting.
~~ `
(Signatun:) Be rly D. Spi er
(Signature)
831 Hillside Drive
(Street Address)
Camp Hill, PA 17011
(City, Stafe, Zip)
Executed in Register's Office
Sworn to or affirms end and subscribed
befo a me this- '---day
of ~- °~
~C7~.,~1k~ G t~ ~,c~r~~G'n
Deputy for Register of Wills
(Street Address)
(City, State, Zip)
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Form RW-O4 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Ian C. Spitzer ,Deceased
~~ Robert C. Spitzer in my capacity/relationship as
named Executor of the Last Will and Testament of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Gretchen L. Spitzer
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(Date)
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Executed in Register's Office
Sworn to or affirm~ecd~and subscribed
before me this--D-day
of OI ac~;,~
Deputy for Register of Wills
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(Signature) Robert C. Spitzer
831 Hillside Drive
(Street Address)
Camp Hill, PA 17011
(City, Sfate, Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of ,
Notary Public
My Commission Expires:
(Signature and seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's commission.)
Form RW-06 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
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RENUNCIATION
REGISTER OF WILLS
L"""~"~`"-`'~ COUNTY, PENNSYLVANIA
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Estate of ~Ccr1 C . ~ -+~ ~ ,Deceased
I, ~J~-~
in my capacity/relationship as
(Print Name) ~
(Y14~Q-r" of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
l~ r'2 ~-e.`l1 R.~ ~ i ~~-zr
(Date)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this I J day
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
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(Signature)
(Street Address)
~~m ~ ~4-- l 1 P~ 1 ~t o- I
(City, State, Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of ,
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)