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HomeMy WebLinkAbout11-18-13 •r' Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Pctitioner(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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: JOHN G.PHARO File No: 01- I3 — 1229 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: OCTOBER 27 2013 Age at death: 71 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (state) with his/her last principal residence at 101 SANDBANK ROAD.SHIPPENSBURG 17257 CUMBERLAND PENNSYLVANIA .. Street address,Post Office and Zip Code City,Township or Borough _ ,yCotinty Decedent died at 101 SANDBANK ROAD, SHIPPENSBURG 17257 SOUTHAMPTON TOWNSHIP CUMBERLAND lk Street address,Post Office and Zip Code City,Township or Borough County' Sfate Estimate of value of decedent's property at death: �- Ifdomiciledin Pennsyl vania........ ........... ......... All personal property $ 2,000:00 If not domiciled in Pennsylvania. .. ....... ..... ........ . Personal property in Pennsylvania $ If not domiciled in Pennsy lvania. .. ....... .......... .... Personal property in County $ Value of real estate in Pennsyl vania... .. ......... ............................ .... ... ....... . $ 50(1,000 00 TOTAL ESTIMATED VALUE. ... $ 502.000.00 Real estate in Pennsylvania situated at: 101 SANDBANK RD.,SHIPPENSBURG 17257 SOUTHAMPTON CUMBERLAND (Attach additional sheets,ifnecessay) Street address,Post Office and 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 DECEMBER 16, 1997 and Codicil(s) thereto dated State relevant circumstances(ug.renunciation,death of executor,etc) Except as follows: after the execution of the instmment(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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.ct.a.,pendente lite.durance absentia,durance minoritate If Administration,cta. or db.n.c.l.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. ONO EXCEPTIONS O EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifapy)and heirs(attach additional sheets,ifnecessary): n C O w rn Name Relationship A ep o G-3 O t � Ar —10 r m t ' m m —i m 4 J O Cn O 9 ..r Farmew-02 rcm. 16n1 1261/ , Page I oft f _ Oath of Personal Representative RECORDED OFFICE OF Official Use Only y REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA } } $$: IOi3 NOU 18 P1 2 00� COUNTY OF CUMBERLAND } CLERK Petitioners)Printed Name fr�� er ) d Address TAMMY M. SPRECHER PO BOX 64 6 N.A4H U PA 17240 The Petitioners)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners)arid that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. Swan to or affirmed and subscribed before ° ���5c�C Itt L. Date met �^ day of > ZQ Date By;b ° Date FbbbborFolhe Register Date BOND Required: 0 YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 460.00 Attorney Signature: ( 2) Short Certificate(s).. . . . . 10.00 -- ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . .. . . . . . . . . . . . . Printed Name: THEW A.McKNIGHT Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 93010 WILL . . . . . . . . 15.00 INVENTORY . . . . . . . . 15.00 Firm Name: IRWIN&McKNIGHT,P.C. INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST POMFRET STREET . . . . . . . . CARLiSLF„PA 17013 . . . . . . Phone: (717)249-2353 Automation Fee. . . . . . . . . . . .. . . 5.00 Fax: (717)249-6354 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 543.50 DECREE OF THE REGISTER Estate of JOHN G.PHARO File No: r-,t I- I S - I2Z 9 a/k/a: AND NOW, N�QJ��Q ,( /�( c:901,5 inconsideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to TAMMY M. SPRECHER in the above estate and(if applicable)that the instrument(s)dated DECEMBER 16, 1997 �' " . " 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-01 rev. 10/11/1011 � �,,,F:� Page 2 of 2 co m d rrj D�S7SlSV �o 1PHAR(O T7 C7 Cn O O I;JOHN G. PHARO, of 15 Hershev Road, Shippensburg, Pennsylvania, in Franklin County, hereby declare this as and for my last will and testament and revoke all wills previously made by me. GIFTS I. To My Children: I give my entire estate to my children, Tammy M. Sprecher and John G. Pharo, Jr., per stirpes, if living on the thirty-first day following my death. ADMINISTRATIVE PROVISIONS II, Adopted Persons: Adopted persons shall be considered as children of their adoptive parents, and they and their descendants shall be considered as descendants of their adoptive parerits. III. Trust Provisions: Should any beneficiary entitled to distribution under my will be under the age of twenty-five years, the share of such beneficiary shall be held by the Trustee hereinafter named IN SEPARATE TRUST for the benefit of such beneficiary as follows: A. As much of the principal of such separate trust as Trustee in its sole discretion may from time to time think advisable for the support of such beneficiary in his or her station of life to which he or she is accustomed at the GRAHAM AND GRAHAM Law Offices 223 Lincoln Wail East, Chambersburg, Penng(vania 17201 4. time such separate trust is created hereunder, and for the support, welfare and education (including vocational and college education, both graduate and undergraduate) of such beneficiary or during illness or emergency, shall be either paid to such beneficiary or else applied directly for him or her or his or her benefit by Trustee after taking into account his or her other readily available assets and sources of income, and his or her respective income tax bracket. B. Prior to the beneficiary of such trust attaining the age of twenty-one years, Trustee shall accumulate all the income for the benefit of such beneficiary which income shall thereafter be added to and become principal. C. When the beneficiary of such trust attains the age of twenty-one years, Trustee shall distribute absolutely to him or her an amount equal to one- third of the then-remaining principal of his or her separate trust; when the beneficiary of such trust attains the age of twenty-five years, Trustee shall distribute absolutely to him or her the entire then-remaining principal of his or her separate trust, thus terminating the same. During the period when the beneficiary of such separate trust is between the ages of twenty-one years and twenty-five years, the Trustee shall further pay the net income from the principal balance of such trust to him or her in convenient installments, at least quarter-annually. D. Upon the death of the beneficiary of such separate trust prior to attaining the age of twenty-five years, such`trust shall terminate, and the Trustee shall distribute the entire then-remaining principal and any accumulated or undistributed income of such separate trust to such beneficiary's surviving issue, per stirpes, and in default of any such issue, then to my then-living children, the share of any child whose original share is then being held in trust to be added to and treated as part of that trust. E. Distributions at or after these stated ages shall be made only in the event that child requests such distribution by writing intended to take effect during lifetime, executed by that child upon or after attaining each of the stated ages and delivered to the corporate Trustee. GRAM M AND GRAHAM Law Offices 223 Lincoln Way East Chambersburg, Pennsylvania 17207 IV. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. V. Death Taxes: All death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my probate estate so that the burden falls on my residuary estate and none of those taxes shall be charged against any beneficiary. VI. Tax Options: I authorize my executors to exercise any options available in determining and paying death taxes in my estate. In my corporate executor's sole discretion (if I have a corporate executor), no compensating adjustments shall be required between income and principal or between my trusts.. VII. Management Provisions: I authorize my executors: _ A. To retain and to invest in all forms of real and personal property, including common trust funds operated by my corporate executor, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; B. To compromise claims and controversies, and to abandon any property which, in my executors' opinion, is of little or no value; Im C., To distribute property in kind, in cash or partly in each, in such manner as may be determined and at valuations fixed by the fiduciary. D. To sell at public or private sale, to exchange or to lease for any period of time any real or personal property and to give options for sales, exchanges, and leases for such prices and on such terms and conditions as is deemed proper. E. To allocate any property received or charge incurred to principal or income or partly to each, without regard to any law defining principal and income. GRAHAM AND GRAHAM law O ices 223 Lincoln Wail East, Chambersbnrg, Pennsylvania 17201 F. To retain property in kind and distribute to or for the use of any minor beneficiary. G. To exercise any election or privilege given by the federal or other tax laws and to make or not to make equitable adjustment for the exercise or nonexercise of any such election or privilege. H. To pay the income of my estate, pending final distribution to my children, or for their use and benefit, in such amounts to such of them, and at such times as may be deemed necessary or advantageous for tax purposes. These authorities shall be in addition to those granted by law and shall be exercisable without court authorization. VIII. Beneficiaries Under 21 or Disabled: If any beneficiary becomes entitled to an outright distribution of income or principal and is (i) under the age of twenty- one or (ii) in my executor's or trustee's (hereinafter in this Article "my fiduciary") opinion, disabled by illness or other cause and unable to properly manage the funds: A. As much of such income or principal as my fiduciary may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefits; and B. The balance of such income and principal -- and the net income from those funds -- shall be kept invested and managed as a separate trust for that beneficiary, with the trust funds paid to or for the beneficiary in accordance with the provisions of the preceding paragraph. When the beneficiary reaches the age of twenty-one or, in my trustee's opinion, becomes free of disability, as the case may be, the balance shall be paid to the beneficiary. If he or she dies before that time, the balance shall be paid to his or her executors or administrators. Any funds to be applied under this article either shall be applied directly by my trustee or, shall be paid to a parent or guardian of the beneficiary or to any GRAHAM AND GRAHAM Law Offices 223 Lincoln Way East, Chambersburg, Pennsylvania 17201 person or organization taking care of the beneficiary. My trustee shall have no further responsibility for any funds so paid or applied. IX. Early Ending of Trusts: If my trustee, in my trustee's sole discretion, determines that it is desirable to do so, my trustee may end any trust under this will. This may be done by paying the then-remaining principal and income of that trust to the person then eligible to receive the income or, if there is more than one person, to them in such amounts or proportions as my trustee may think appropriate. If any person is a minor or is, in my trustee's opinion, disabled by illness or other cause and unable to properly manage the funds, my trustee may pay the funds to his or her parent or guardian or to any person or organization taking care of the person. In the case of a minor, my trustee also may deposit the funds in a savings account in the minor's name payable to the minor at majority, or appoint and pay the funds to a custodian for the minor under the Uniform Gifts to Minors Act of any state. My trustee shall have no further responsibility for funds so paid or deposited. X. Rights in Income: If a trust is funded from a larger share, it shall be entitled to a proportionate amount of the income from the time the trust is to begin until the actual funding. During that period, income and principal may be distributed directly to the beneficiaries, subject to the terms of the trust. All income undistributed at a beneficiary's death shall be treated as if it had accrued after his or her death. FIDUCIARIES XI. Executors: I appoint my daughter, Tammy M. Sprecher, as Executor of this will, but should she fail to qualify or cease to act as such, I appoint my son John G. Pharo, Jr, in her stead, and should he fail to qualify or cease to act as such, I appoint Orrstown Bank of Orrstown, Pennsylvania, in his stead. No fiduciary appointed herein shall be required to file a bond. GRAHAM AND GRAHAM Law Offices 223 Lincoln Wai East, Chambersburg, Penots){vania 17201 XII. Trustee: I direct that: A. I appoint Orrstown Bank of Orrstown, Pennsylvania, as Trustee of any trusts created by this will. B. My Trustee shall receive compensation for the performance of its functions hereunder in accordance with its standard schedule of fees in effect from time to time during the period over which its services are performed. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, consisting of seven (7) typewritten pages, including the affidavit following, each affixed with my signature, this /&'/'�'day of 1997. (SEAL) / John G. Pharo Signed, sealed, published and declared by the above-named testator as and for his last will and testament in the presence of us,who at his request,in his sight and presence and in the sight and presence of each other,have hereunto subscribed our names as witnesses. residingat Grccn��as�Le� �a �4�y(GG�a to 7J! �dQs residing at GRAHAMAND GRAHAM raw Offices 223 Lincoln Way East, Chambersburg, Pennsylvania 17201 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF FRANKLIN: We,John G.Pharo, An n e Ngl f• 'bof �j and M i C.{9 f l 1 f. M • 14t. I_fAl -, the 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 ihaf each of the witnesses, in the presence and hearing of the testator signed the will as witnesses and that to the best of their knowledge the testator was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. / John G. Pharo V)"4 /o `7Yzh' Swom and subscribed to before me this llofh day of__0fCE,1n/_2 11,_,1997. Notary _ NO SEAL ' COURTNEY J.GRAHAM,No Public C hambersTAR Franklin County M Commission Exoires Aug.22, 1998 GRAHAMAND GRAHAM Law O ires 223 Lincoln War East, Chambersburg, Pennsylvania 17201