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HomeMy WebLinkAbout06-05-12PETITION FOR GRANT OF LETTERS F~CO~~E[3 it-Fql~ OF REGISTER OF WILLS OF CUMBERLAND COUNTY, PENI~~'iV~il4fAtt41~~ Petitioner(s) named below, who is/are t8 years of age or older, apply(ies) for Letters as specified below, and in suppod thereof aver(s) the 'ollowing and respectfully requests the grant of Letters in the appropriate form: 6u1Z JUN -5 PM 12' 1 4 Derodent's Information Name: John L. Spriggs a/k/a: John Lloyd Spriggs a/k/a: a/k/a: Date of Death: OSI11 /2012 Decedent was domiciled at death in Cumberland County, (State) with his/her last ~~ '~L~~iJ, ~.,; _ File No: 21-12 (Assigned by ~~ ~„ }~ Social Security No: Age at Death: 75 PA principal residence at 1039 Country Club Road, Camp Hill 17011 East Pennsboro Cumberland Street atltlress, Past Office antl Zip Cotle Clty, Township or Borough County Decedent died at Holy Spirit Hospital East Pennsboro Twp. Cumberland PA Street address, Post 0<fce antl Zip Cotle City, Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania ................... ... All personal property $ 1/not domiciled in Pennsylvania ............ .... Personal property in Pennsylvania $ If not domiciled in Pennsylvania ............ .... Personal property in County $ Value of real estate in Pennsylvania ...... ............................................................. $ TOTAL ESTIMATED VALUE $ Real estate In Pennsylvania situated at (Attach atltlRfonal sheets, it necessary.) 16,000.00 Street atltlress, Past Office end Zip Code City, Townshlp or Borough County ® A. Petition for Probate and Grant of Letters Testament~rv Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated thereto dated 07I14I2004 and Codicil(s) State relevant circumstances (e.g., renunciation, death o/executor, efcJ Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not mar 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 Q EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., db.n., d.b.n.c. r.a., pedenre life, durance absentia. tlurente minorifate If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and comolete list of heirs. Except as follows: Decedent was not a party to.pending divorce proceedingg 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 Elaine M. Spriggs Spouse 1039 Country Club Road Cam Hill PA 17011 Form RW-OI rev. 10.11-2011 Copyright (c) 2n11 form soflwara only The Lackner Group, Inc. Page 1 of 2 ,~ •: 4` , Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland } oRldal uae only ~~~, r)(- Petitioner(s) Printed Name Petitioner(s) Printed Address -5 M ~2' ~ 4 Elaine M. Spriggs 1039 Country Club Road Camp Hill, PA 17011 GLC:fw...,1 ~W„~ The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge antl belief of Petitioner(s) and that, as Personal Representative(s) of fheD qedent, Petitioners ill well d truly administer the estate accyy~~rd' t law. Sworn to or a/ffirmed an~d/~~su~b~sc~ri ed~~yafY~re y/' ~ ~ y +~i1~Ll~ ~ Date me this _f ndav of wiSf~l~r~. Oll/ F~ Dare To the Register of Wills: FEES: Let-e rs . ......................................... (/ )Short Certificate(s)........)Short Certificate(s)......... ( )Renunciation(s) .............. ( )Codicil(s).._._ ................. ( )Affidavit(s)........_._......... Bond ... .......................................... Commission .................................. Other ~,C), I Automation Fee ............................ JCS Fee ....................................... TOTAL ......................................... Estate of $ (/~/ 1(., IS ~.~ $ 119•~~ oeiow: Attorney Signature Printed Name: Jeffrey R. Boswell, Esquire Supreme Court ID Number: 25444 Firm Name: Boswell Tintner & Piccola Address: 315 North Front Street Harrisburg, PA 17101 Phone: 717-236-9377 Fax: E-mail: jboswell(a)btpalaw.com DECREE OF THE REGISTER Date of Death: 05I11I2012 Social Security No: 214.34.5753x1 File No: 21-12 ' ~j~/`~ a/Wa: John Llo dS ri s AND NOW, S ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Elaine M. Spriggs in the above estate and (if applicable) that the instrument(s) dated 071 described in the Petition be admitted to probate and filed of record agttl~~gst Will Dopyrlghf (c) 2011 form sofhvar only T Lackner Group, Inc J ~, N 11 f~ n A l `I /~ Page 2 0l2 ~'V\,\Y~ i~ ~, l BOND RequiredY Q YES ~ NO _", LOCAL~~-~°S CERTIFICATION OF DEATH WARNIN~~I i~ rLlplicate this copy by photostat or photograph. Fee Ibr this certificate, $6.00 P 18389623 1A11 JUN -5 PM 12~ a~ wrs coURj ~•r 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 certiticate will be forwarded to the State Vital Records Office for permanent filing. ~,~~ ~~ _ MA11 8 m~ .Local Registrar - Date Issued Certification Number Pe/Ptlnt In ~i 75 COMMONWEALT«OF PENNSYLVgrvlq•p .VITAL RECORDS CERTIFICATE OF DEATH X 1. oeceeenvz Legar Name IFLSC Mleala us<, suMVl 3. sonal se u,l<y Numbe. O o/ pe.<n IMO/wyn.l )spelt Mel ace z < John Lloyd Spriggs Mal¢ 214 - 34 - 5753 May Iles 2012 . qge-l.zt glrtnaav tYCZI une.a v vea, se. Diner 1 Da s. Date or Blrtn IMO/wvneacl (spell Menm) >a. arrtnpm<e tap ana staa e, Fe,elvn counpl ent D.y. «eu, m~< Cr la Eield MD 75 Ma 9a 1937 zh. BlrtnPlaw cce.nty) Somerset _ Rezreenae (state or Fo,el{n cuum,yl Bb. R=ale=nce (Sleet =ne Number- Incluee Apt Ne.l ac. Dm p aaant u.,. m a mwnzmpz Club Road 10rea, aeceaent weem - Eaet Pennaboro ta.. P¢nna lvania 1039 Countr y . R. ce leo.ney) e Cumb¢r land a Inp coax p Np, mwa.nc u~.e wlmin nmmz of city/bu.p. ssc .aa . M to s<aew nm. ns D.aen a i a p w we . wrvroi = Rs wv.. ewe name a.mc < n,st m..rL{.1 u 1O e g m e ppr p NO p Unknown p wvo.cea prv „lea punknpw Elaine Marie K¢im . F.mara Nam. tH.at. Mmela. L.at. spnlp a3. Me<ne,•a rvame p.IO, to Xac Ma.rLga IX,aq Mlaale, toes) Georges Harv¢y Spriggaa Sr_ Doris E. Tyler v a. mm,m.nra N.m. lqn. ReLnonzmp co pee.a.nc M.nmg gaa..aa tst met.. sty, sc.<e, zlw eeaq v m e g Elain¢ K. 5 ri a WSPe 1039 COUntr Club ROad Cam Hill PA 17011 ~ .:...ace.=....e.._.. .= p.,.y en. .. ..... ... ... ....... .... ..._.. ......... .. ......_......._........._ .............................. ............. oa,..,.d snmewn~r~'Si'n'a{'rn:,:.'H v oeam oan.„ee Ina «ea nr p«cn ................ ._. pi(es): Inpatient oaPl<al: [1 HOS rce Facill ""' -~~ ~~ Xome"" "~' e p Deweenrz S Emargancy ROOm/OU[Patlen[ O tl p ea pn q,Flval Nu,iln{ Nome/Lao -Te,m Ca,e Faclllty OMer (5petl ) ' 15 b. Faclllty Name I( not IniHtutlon, {rve a[.ev[ antl numher~ 15c. City o, Town, Stap, vne Zlp Caee 35tl. Copnp o/ DaaM Hol S 1r1t Hoe iral Cam Hill PA 17011 Cumberland lees. Metnoe os mzpoalnon ® Bu.LI p .e ~ vsn. Date of Dlsvonaon Bc. pLCe es Dlsposrtlon Wame.e c.m.<ery, c,emamry, o, ome, praal l E '€ O n mvsote p oon.eron Ma 16. 2012 lndianto vts .c ryl Y wn Gap National Ce etery e[ en zee. 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Box 741 Harrisburg, Pennsylvania 17108-0741 (717)236-9377 ~~~ ~ F~;E QF . 2012 JUN -5 FM 12~ 14 CLti'~lr; Ca` LAST WILL AND TESTAMENT S COURT ~,~ ~ OF JOHN L. SPRIGGS Introductory Clause. I, JOHN L. SPRIGGS, a resident of and domiciled in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I am married to ELAINE M. SPRIGGS. I have two living children: DAVID L. SPRIGGS and MICHAEL T. SPRIGGS. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. If at the time of my death any of the real property herein devised is subject to any mortgage, I direct that the devisee taking such mortgaged property shall take it subject to such mortgage and that the devisee shall not be entitled to have the obligation secured thereby paid out of my general estate. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM III General Bequest of Personal and Household Effects With a Precatory Memorandum. I give and bequeath all my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles, and other vehicles, and all policies of fire, Last Will and Testament of JOI-IN L. SPRIGGS Page 1 burglary, property damage, and other insurance on or in connection with the use of this property, to my wife, ELAINE M. SPRIGGS, if she shall survive me. If my wife shall not survive me, I give and bequeath all this property to my children surviving me, in approximately equal shares; provided, however, the issue of a deceased child surviving me shall take per stirpes the share his or her parent would have taken had he or she survived me. If my issue do not agree to the division of the property among themselves, my Personal Representative shall make such division among them, the decision of my Personal Representative to be in all respects binding upon my issue. I request that my wife, my Personal Representative, and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and not mandatory. If any beneficiary hereunder is a minor, my Personal Representative may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Personal Representative. The cost of packing and shipping such property shall be charged against my estate as an expense of administration. ITEM IV Outright Gift of All Property to Wife, Contingent Gift to Issue. I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will, absolutely in fee simple to my wife, ELAINE M. SPRIGGS, if she shall survive me. If she shall not survive me, then I give, devise and bequeath all of the property to my surviving children in equal shares, provided, however, the then living issue of a deceased child of mine shall take per stirpes the share their parent would have taken had he or she survived me. ITEM V Naming the Personal Representative, Personal Representative Succession, Personal Representative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees and other matters are set forth below: (1) Naming an Individual Personal Representative. I hereby nominate, constitute and appoint as Personal Representative of this my Last Will and Testament ELAINE M. SPRIGGS and direct that she shall serve without bond. (2) Naming Individual Successor or Substitute Personal Representative. If my individual Personal Representative should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representative who shall also serve without bond shall be DAVID L. SPRIGGS. Last Will and Testament of JOHN L. SPRIGGS Page 2 (3) Fee Schedule for Individual Personal Representative. For its services as Personal Representative, the individual Personal Representative shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. ITEM VI Definition of Personal Representative. Whenever the word "Personal Representative" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative named herein and to any successor or substitute Personal Representative acting hereunder, and such successor or substitute Personal Representative shall possess all the rights, powers and duties, authority and responsibility conferred upon the Personal Representative originally named herein. ITEM VII Powers for Personal Representative. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Personal Representatives generally, my Personal Representative is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to my Personal Representative may seem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM VIII Provision for Personal Representative to Act as Trustee for Beneficiary Under Age Twenty-Two. If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-two (22) years or if any real property shall be devised to a person who has not attained the age of Twenty-two (22) years at the date of my death, then such share or property shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Personal Representative acting as Trustee shall retain possession of the share or property in trust for the beneficiary until the beneficiary attains the age of Twenty-two (22), using so much of the net income and principal of the share or property as my Personal Representative deems necessary to provide for the medical care, education, support and maintenance in reasonable Last Will and Testament of JOHN L. SPRIGGS Page 3 comfort of the beneficiary, taking into consideration to the extent my Personal Representative deems advisable any other income or resources of the beneficiary or his or her parents known to my Personal Representative. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall be paid over, distributed and conveyed to the beneficiary upon attaining age Twenty-two (22), or if he or she shall sooner die, to his or her personal representatives. Whenever my Personal Representative determines it appropriate to pay any money for the benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be paid out by my Personal Representative in such of the following ways as my Personal Representative deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the care, support and education of the beneficiary; (4) by my Personal Representative using such amounts directly for the beneficiary's care, support and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. My Personal Representative as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Personal Representative. ITEM IX Discretion Granted to Personal Representative in Reference to Tax Matters. My Personal Representative as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Personal Representative believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Personal Representative shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Personal Representative shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions and shall have the discretion to file a joint income tax return with my wife. ITEM X Definitions of Family. The following definitions shall be used to define the family: (1) De£-nition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. Last Will and Testament of JOHN L. SPRIGGS Page 4 (2) Definition of Per Stirpes. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. ITEM XI Definition of Words Relating to the Internal Revenue Code. As used herein, the words "gross estate," "adjusted gross estate," "taxable estate," "unified credit" ("unified credit" shall also mean "applicable credit amount"), "applicable exclusion amount," "state death tax credit," "maximum marital deduction," "marital deduction," "pass," and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall have the same meaning as such words have for the purposes of applying the Internal Revenue Code to my estate. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of my death. ITEM XII Simultaneous Death Provision Presuming Beneficiary Predeceases Testator. Reverse Presumption as to Wife. If any beneficiary and I should die under such circumstances as would make it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that the beneficiary predeceased me; provided, however, that if my wife shall die with me as aforesaid, I direct that she shall be conclusively presumed to have survived me. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this f~hday of July, 2004. Attestation Clause. The foregoing Will was this ~/day of July, 2004, signed, sealed, published and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. // s p,~ f ~.cy,..c~(L , ~t,t4~tn.cB.t/ of ~.<.et,r ~~ Last Wil] and Testament of JOHN L. SPRIGGS Page 5 PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Self-Proving Affidavit We, JOHN L. SPRIGGS, and Jeffrey R. Boswell and Diane E. Grissina~he Testator 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 (or willingly directed another to sign for him), 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, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. J HN L. SPRIGGS y Wit S -/Y/.//Y/./ ~- s Js J . ~i1 irtiirl.~ii itnesW s Subscribed, sworn to, and acknowledged before me by JOHN L. SPRIGGS, the Testator and subscribed and sworn to before me by Jeffrey R. Boswell and Diane E. Grissinger ,witnesses, thisl4thdayofJuly,2004. Gc.c jSeal) Notary Public for Pennsylvani My Commission Expires: 0~/0~ '7 Nom Seel Canis L Hart1y, Momry public ~~~ iNy Wrrmieaicn E>rpiies Feb. t0. zoo? AarociaYm ortuaiertee Last Will and Testament of JOHN L. SPRIGGS Page 6