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HomeMy WebLinkAbout12-20-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/aze 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Matthew R. Gover File No: ~ - 1 ~- ~ 5~,3 a/kla: ss goad by Register) a/k/a: a/k/a: Social Security No: 370-76-7256 Date of Death: November 27, 2012 Age at death: 52 Decedent was domiciled at death in Cumberland Cotmty, pennavlvania (stare) with his/her last principal residence at 127 South 31st Street: Camp Hill. 17011 Camo Hill Boroueh Cumberland Street address, Post Onlce and Zip Code City, Township or Borough County Decedent died at 1701 Linelestown Road. Harrisbure 17110 Harrisbur Dauphin PA Street address, Post (Niles and Zip Code City, Township or Borough CounTy State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania ............................ All personal property $ If not domiciled in Pennsy(vania ........................ Personal property in Pennsylvania $ /jnot domiciled in Pennsylvania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ ao.nnn nn TOTAL ESTIMATED VALUE.... $ 40.000 00 Real estate in Pennsylvania situated at: 127 South 31st Sueet: Camp Hill 17011 Camp Hill Boroueh Cumberland (Attach additional sheets, if rtecess¢ry) Street address, Post Office end Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated June 1, 2012 and Codicil(s) thereto dated none State relevant dreums[ences leg. renunciation, de¢rh ojereeurog etc) Except as follows: after the execution ofthe instrument(s)offered for probate Decedent did not marry, was notdivorced, was notaparty to spending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) e.t.a., d.b. n., d.b.rs. e.t.a., pendants lire, durance abserstia, durance minoritate If Administration, e.t.a or db.n.c.ta., enter date of Wi-I in Section A above and c late list tff3teir ~ ~~'tt77'~ m Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for d~r~tad beentF5lablispgp defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacimted pers6iP. -p ~ C9 ~cr NO EXCEPTIONS Q EXCEPTIONS ~ A r N -1 rn ~Ttl ~ Petitioner(s), afters proper search has/have ascertained that Decedent left no Will and was survived by the fo~tviBgs~tse(i~y)an~te' (attach additional sheets, if necess¢ry): t e7 Q f7 r-~ '~ -iry `rl Name Relationshi n p r ~~' f_... '~[: c~ _t r: -v ~ o Form RW-02 reg. ronuzoli Page 1 oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } ofseiai ^se only The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tme and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Dec ent, tha Petitio~gner(s) II well and tmly administer the estate according to law. Sworn to or affirmed and subscr'bed bef re ~~~~'~ DC i~l/~~' ~_ ._~j . ~~ Date t- me t~l ~ ~ay of , ~ 1,~ Date By: For the Register BOND Required: ®YES FEES: Lette s ...................... $ ~~ ~ ( ~) Short CertiFcate(s)...... ~-f - ( )Renunciation(s).. ... . ( )Codicil(s).. ... ... . ( )Affidavit(s)........... . Bond ........................ Commissio ~ . ............ -~- ., Other ~{ ,.ti ........ ---L-.L_ Automation Fee .............. . JCS Fee . .................... TOTAL ..................... Dale c o rn 3 ~ O f.7 tJ To the Register of Wills: Otf -p n c`~ vp :87 Please enter my appearance by r~ s'~n:lxure ~Iqw: 2`~ Attorney S i r e: ~ N ^'~ ~ ~.y // ( J r c+ -D ^it iy c / ` ,I r ~ C ~ ., ~ /-y t 0 ( ' ItiY Printed Name: ~ }~ _...~ Wayne M. Pecht,7nsquire ~ ~-~ ti. _. CJ to 'rl Supreme Court ID Number: 38904 Firm Name: Address: Phone: Fax: Email: Pecht & Associates, PC 1205 Mannr Drive Suite 200 Mechanicchnrg, PA 1705 717-691-9808 717-691-2070 erhtnnerhtla DECREE OF THE REGISTER Estate of Matthew R. Gover File No~ ~ '- ~ oZ ' 13 c~~j a/k/a: AND NOW, 1 v~~ ~ ~ ~ ~-- , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Julia A. Gover in the above estate a~~d.~~~~plicable) that the instrument(s) dated June t, 2012 / '\ described in the Petition be admitted to probate and filed of~r~ord ~a~s the st Will (and Co ' I(s)) oI' Decede t 1~ Formew-oz reg. toituzon ~ ~~ ~~ ~ Page 2 oft I1111c krb pG4 :~:'~. LQCAL REGISTRAR'S ~eERTtEICATIt~II~ Q~ ~E~TI~ WARNING: It is iNegal to duplicate, tFis c~;;~y bel phctastat car ;~hc;£oar,a~hi. RECORDED OFFICE OF r-L~~ it,(~ d,l~ L~L~~nsi.. ~~- ;v (ni REGISTER OF ':`?LLS ;5~.of f:.::-; .,.. I I i t Ihi iL nrn t ~,^ ~/Y -__I , t,E m r uliirL L i 1)cudl ~~l? CEC 20 A "" ~, ~ I ~~ ~il,~ ~ ~ , ~ ~ ,,:1~ fl i ~'l'~ '~` , , a ac ,'~-i I JI Ic r ~l h klluf ~ I~ LI_ r' - ~ i 'rll l' 1_ I. CLERK OF _', ~~' P 19064446__ ORPHANS'CDUR7 F, ~~~ NOV~2~2~12 _ r ~, idcanl,n 11 mnL= ~ ~,`UINBERtAND CO., PA ~~~ ~~ ~o we,Pr ~. L ~,I i.;~i~T~ COmMONwEALTn ENNSyLVAN1n.0EPARTmENT Oe HEALTH-VITAL RECDRps ~I t. peteaenrx Legal Name IFo-aq Mmm¢. 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Ra o-ar ci e e Imo av r n e ~i a~ . men ments oi.z, p xP°xltlPn Permit Na 07~, 6 9 SR' Last Will and Testament OF MATTHEW R. GOVER 1, MATTHEW R. GOVER, of Camp Hill, Cumberland County, Pennsylvania, do make, publish, and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM I: Faznily Information. I am married to Julia A. Gover, and all references to my wife in this Will are to her. I have two children: John F. Gover (born December 11, 1991) and Andrew R. Gover (born February 15, 1994). My children are referred to in this Will as my children or as a child of mine. Any person born to or adopted by a child of mine is referenced in this Will as my issue. Provided, however, no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty-one (21) yeazs. ITEM II: Death Taxes. 1 direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for the marital. or charitable deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses of m last illness and funeral expenses from the residue y of my estate as an expense ~i cost of~Fnini~r9 lfon of my estate. M ° +~ C 7 W ~ 1 O fry ~~ J Z7 ~ ~-- _..~ Cj 'n O O d ,~} v "Yy it CV G_ ~~ w.' l7 . :+7 InltlalS a ,y E--a U G O 17 ITEM IV: Taneible Personal Property. If I die before my wife, Julia A. Gower I give to her all my tangible personal property, including but not limited to, all ofmy household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing appazel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not die before my wife, I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my tangible personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequently discovered list shall be ignored. If I survive my wife, I give any property of the type described in this Item and not set forth in a written list to my children, to be divided between them as they shall agree. Should there be no agreement, the Executor shall divide this property between them in as nearly equal portions as the Executor, in his discretion, deems appropriate, having due regard for the personal preferences ofmy children. ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding portions of this Will, to my wife, Julia A. Gower. If my wife does not survive me, I give, devise, and bequeath all the rest and residue of my estate to my children, John F. Gover and Andrew R. Gover, in equal shares, per stirpes. If either of my said children shall predecease me, leaving no issue, such deceased child's shaze shall be distributed to my child who survives me, per stirpes. If either of my children aze under the age of twenty-five (25) yeazs ,any share(s) distributable to such child, shall be distributed to my Trustee, and shall be held, administered, and distributed pursuant to Item VI below. ITEM VI: Trustee named in ITEM X. Trust. The following provisions shall apply to any property payable to the Initial A. Division of Principal. The Trustee shall divide the principal so as to provide one (1) equal share for each beneficiary named in Item V above for whom the Trustee received assets. Each share shall be held, administered, and distributed as follows: I. My Trustee shall pay to, or apply for the benefit of, each beneficiary so much of the net income and principal of the trust shaze as my Trustee, in its sole discretion, deems appropriate for such beneficiary's health, education, maintenance and support, taking into consideration all other resources available to such beneficiary prior to making such distributions. 2. In making the aforesaid payments for the health, education, maintenance and support of such beneficiary, the Trustee shall give a liberal interpretation to the discretionary authority conferred by this Will so as to alleviate any burden on the guardian ofthe person ofthe child and on the guazdian's family that might be caused in any way by the presence of the child in the guazdian's home. 3. The Trustee shall distribute the Trust to the beneficiaries as follows: a. Upon the beneficiary's attainment of the age of twenty-five (25) yeazs, the Trust shall terminate and the Trustee shall distribute to the beneficiary the remaining assets of the beneficiary's share of the Trust. B. Trust Without Beneficiaries. If before final distribution of the assets I ii l~ of any Trust established for my issue, there is no living beneficiary of that Trust, it shall terminate. The assets of the Trust shall be paid to the then living issue, on a stirpital basis, of the nearest deceased ancestor (with issue living at the time of distribution) ofthe Beneficiary who is related to me or my issue. However, ifthere is 3 then in existence any trust created under this Will for the benefit of that issue, the share which would have been distributed to that issue shall be added to the principal of his or her trust, to be administered and distributed as provided in this Will. C. Rule Against Peroetuities. Notwithstanding any other provision of this Will, each Trust azising under this Will shall terminate no later than twenty (20) years after the death of the last to die of my issue living at the time of my death. Upon termination, the principal shall be distributed to the then income beneficiaries of the Trust. ITF,M VII: Administrative Powers. In addition to the powers granted at law, the Executor and the Trustee shall possess the following powers, each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: A. To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. B. To vary investments, to make loans, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regazding investments by fiduciaries. C. The Executor is authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiazies so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. D. To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) ~~ ~ ~o/r other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser -~-- 4 Initials shall be obligated to see to the application ofthe purchase money or to make inquiry into the validity of any sale(s). The Executor is authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor. E. To mortgage real estate, and to make leases of real estate. F. To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate established by this Will. G. To pay all costs, taxes, expenses and charges in connection with the administration of my estate established under this Will. H. To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. I. To vote shares of stock which form a part of my estate established under this Will, and to exercise all the powers incident to the ownership of stock. J. To unite with other owners ofproperty similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. K. To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under athird-party beneficiary contract. L. To prepare, execute and file tax returns of any type required by applicable law, including but not limited to filing a joint tax return with my surviving spouse, and to make all tax elections authorized by law. M. To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate --_ Initials 5 these persons from assets of my estate or trust, without affecting the compensation to which the Executor is entitled. N. To allocate administrative expenses to income or to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. O. To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of any property included in my estate, whether or not passing under this Will, by allocating any amount by which the bases of assets may be increased. The Executor shall be under no duty and shall not be required to allocate basis increase exclusively, primarily, or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving property as a result of my death, but shall not be liable to any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. P. To compromise claims. To do all other acts in his or her judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate established under this Will. ITEM VIII: Distributions to or for Beneficiaries. The Executor is authorized to distribute principal and income in any one or more of the following ways if the Executor considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: A. Directly to the beneficiary; B. To the legal guardian or conservator of such beneficiary; C. To a Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; - ~~- Initials 6 D. To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or E. By directly applying distributions for the benefit of the beneficiary. I'T'EM IX: Survival. Subject to item XI, any person who has died within thirty (30) days after my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM X: Executors and Trustees. I make the following provisions with respect to my Executors and Trustees: A. I appoint my wife, Julia A. Gover, to be the Executrix of my Estate. In the event that my wife is unable or refuses to serve as Executrix of my estate, I appoint Richard Michaelian to serve as Executor of my estate. B. The Executor shall have the right to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. C. No Executor shall be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. D. 1 hereby appoint Richazd Michaelian, to serve as Trustee of any trust herein created. If Richazd Michaelian is unable or unwilling to serve as Trustee, I appoint Brian W. Perry, to serve as Trustee of any trust herein created. E. The Executor and Trustee shall have the right to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. F. No Executor or Trustee shall be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. G. The Executor and Trustee aze specifically relieved from the duty of filing bond or entering security. ~- Initials ITEM XI: Simultaneous Death. In the event that my spouse and I die simultaneously, or that the order of our deaths is uncertain, she shall be deemed to have survived me. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (7) pages this first day of June 2012. " -L~.~ Matthew .Gover SIGNED, SEALED, PUBLISHED and DECLARED by Matthew R. Gover, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the prese e of each other, have hereunto subscribed our names as witnesses. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 ~1 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 II 1tia ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: We, Matthew R. Gover, ~ A ~~ ~{~ , `mac fL~h"~ and (~.,\oc ~ c:... ~ c ~ r' ,Testator and witnesses, respectively, whose names are signed to the attached and 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 purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best ofhis/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. -~%~~2/I~.---- Matthew R. Gover ~~ Tes or /~c" Witness Wi Subscribed and sworn to and acknowledged before me by Matthew R. Gover, the Testator, and subscribed and sworn to before me by w~<~.x...~c'`t\, Q~c,h-~ and ~n\oc y w Sc c ~~, witnesses, on this 1st day of June 2012. COMMONWEALTH ^~ PENNSYLVANIA NOTARi,R,L 5EAL Lori A. Backenstoes-Notary Public Lower Allen 7wp., Cumberland County MY COhtY~.!55:0_i EX°!F.;S OCT. 13, 2015 vN tary Public II tla