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HomeMy WebLinkAbout03-18-05 Estate of also known as Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Selva A. Spencer No. JI - oS-d53 , Deceased SociaISecur;,y~. 176~14-2578 Seuare A. Spencer Petitioner{s), who is/are 18 years of age or older, apply(jes) for: (COMPLETE 'A' or 'B' BELOW,) m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut or the Decedent, dated 05/19/2004 and codicil(s) dated None named in the. last Wilf of 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 incompetent: 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 that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationshi See hen A. S encer Grandson Elizabeeh Abel Greae randchild Vir inia Grace Hoseeeeer Greae randchild Seuare A. S encer Grandson Maeehew I. S encer Grandson (COMPLETE IN ALL CASES,) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland Residence 270 Scone Gaee CL, Na 22 Ease Sereee #6, Me. Hol1 s 22 Ease Sereee #6, Me. Holl S rin s 337 Ever reen Sereee, New Cumberland 213 N. Arch Sereee, Mechanicsbur County, Pennsylvania with his/her last family or principal residence at 820 Lisburn Road, Ape. 811, Lower Allen Township, Camp Hill, PA 17011 (list street, number, and municipality) Decedent, then -2Lyears of age, died 03/06/2005 at Harrisburg Hosphal, Harrisburg, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $137.500.00 $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate ot the last Will and COdicil(s) presented with this Petition and the grant of letters in the a ro date form to the undersi ned: Si nature T ed or rinted name and residence Seuare A. Spencer 337 Ever reen Sereee, New Cumberland, PA 17070 Prepared by the pennsylvania Bar Association Copyrlght(c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) Sworn to Of affirmed and subscribed r ~ ~ s;~ -..-;;.-- - - Seuare A. Spe~~ -- before me thiS~ day of fYUAC'n ,d-DO <;" '-~AI\&~~~\1;~ ~ ~ ~e Register ~dA\ No c9'- 05"-d5~ Estate of Selva A. Spencer Deceased Social Security No, 176-14-2578 Date of Death, 03/06/2005 AND NOW, 'fY"c:vc n I g d O()S- in ('nl"lc.i......r~tj^... f ., .~ Oath of Personal Representative Commonw~allh of P~rrnsylvania County of Ctunberland The Petitioner(s) above-Warned swea{(s) or affirm(s) that the statements in the foregoing Petition ores true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me thisday of For a Register ~ Estate of Selves A. Spencer Deceased Social Security No: 1-176-14-2578 Date of Death: 03/06/2005 AND NOW, ~~j,J~C' i ~ ~ ~ ~QS, in consideration of the Petition on the reverse side hereon, satisfaMOry proof having been presented before me, IT IS DECREED that Letters QX Testamentary ~ Of Administration (c.t.a.; d.b.n.c.t.a.; pendants life; durance absentia; durance minoritate) are hereby granted to Stuart A. Spencer in the above estate and that the instrument(s) dated 05 j19/2004 described in the Petition be admitted to probate and filed of record as the last III of Decedent. FEES { Letters . S ~~r~ . a7 l-`. Short Certificate(s). S u~ .QU ~ A Renunciation. $ Affidavits ( ) $ Extra Pages ( ) . . sedieil. VJ x.1:1. . dCP Fee . . Inventory. . 3 S ~ rJ • Clb s 1t~ . v~ s S . CSU Other 4 Address: 429 South 18th Street Camp Hill, PA 17011 Telephone: 717/730 - 7310 TOTAL. S 330 •aQ Prepared try tt» Psnr,sylvania Bat Assx{atron Copyr{ght (e)199a form wftwaro only CPSystems, Ina. Form R~1(1997) Stuart I.D. No: 41263 HI05.905 REV.(OII04) ~ ~ ~ This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordanc~ wi[h Ac[ 66, P.L. 304, approved by [he Gene[al Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ GtJ-)/~ Calvin B. Johnson, M.D., M.P.H. See<e[ary of Health MAR 1 1 2005 Date Charles Hardester State Registrar 3412019 No. :;).1-0> - JS3 Hl05.1-43Rev.2JS7 COIlMONWEAL TH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH """""'" '" ........... BLACK INK NAME OF DECEDENT (flrA"'~ I..aft) .. AGE (l.aIIBIrthiity) TH OATE OF BlRTH (Morrth.Day,VMrl ~:fC~~ JI.: :-q FACIUTY NAME (11 not lnllllll.tion, gIv. '*"" -.:j nurnblIr) _0 y~ .. COUNTY OF DEATH .. CITY. BORO, nw OF Ib. H llc.. lei. DECEDENT'S USUAL OCOJPAl1OH KI~ OF BUSINESS/INDUSTRY (Gift 1>1 _ .... .,-'*'11..;<10""'.... White DECEDEtoft'SEDlJCATlON MARIT"'-STATUS-~, ~=~. SURVMNG SPOUSE (If_.lIMo_n....) :.o.sOECEOENTE RIN U.S. ARMED FOFlCES? V..O Nl;>D 'L ^ 17LSlaIe p, (0-12) jl.......lI+l ". OECEDENT'S loW E ( ttb. ~". .. ,. 17c.Dv...~lIV8din Code) DECE NT'S '''"'' RESIDENCE ,Soo_ on oCh8r side) "" -- IMlIl'lI No,dIoedentw.d \oWIlIllIll? 17d..liwl'ltill~lInillItt MOTHER'S NAME (Fhl, 1.fickI1. M~ SlnIMI'MI) .. fNFORMANT'S MAILING A DRESS (Slrwl. C/lyfTown. S-. ZIp Code) ... "-'CE S Ql"O\tlefP~ ., c ~ , ~ < 820 Li ~burg Rd .. FATHER'S E{Flrlt. .LIIII) n. INFR (T .... METHOD ""-0 .C Apt 811 citylboro. ."" Home, lICENS.i, NUMe ....0. Ta~beltdmyknowllodge,dMlhOCCUT-.;t_IMIiT1I. dltel (Slgr'llll.n8'ldTltll) ". :~'CF!3:'(J d . . ().5 ZT. PART I: _...~,........",~__....._.tIonol_"'_GfdP>R,_"_ ~-.t,._ot_""'''' LIotonly___OII__ nc. ... ;AppraJdmlll ....... :arIMllllllldlNilh S.o.(-l S; S ..,~ t- 5et:pJentIaIIy hi COI'lllI\lcns ['.' WII!Y,lMdInglolllWl'llClMe __ Enter UNDERLYING CAUH(OI_cw-ir;ury ...-..... mUti1g an deIIh) LAST d. WAS AN AUTOPSV 'A'ERE AUTOPSY FINDINGS PERFORMED? AVAILAIllE PRIOR TO COMPlETION OF CAuse OFOEA."TH'l" -::Ps~ c(....v-.A.l MANNER OF DEATH DATE OF INJURV (Montt,Ooty,Yur) o o D~OFIMJURY ..........otr:.(SpodtJ) - TIME OF INJURV INJURV AT VIORK? DESCRIBE HOWINJURY OCCURRED ~ o ,,- "d',,,, '"'''' ,..... Pendinglnveot/glltian CouldtlOtbede!ennirled vesDNaO :tOil. M. 3Oc. Mt'<>mI.farin,Weet,fM::\llIy,oIIIOf c z w c w u w c . o w ~ < z V".O Noq veaD NaD 211. 21b. CERTlFIER {Ctwc:konJy CIrII) 'f~~~OJ~~~c!~~~rA~,h~~~.~~.~~,~.~.~.~.\... ... 'PRONOUNClNG AND CERTFYlNG PHYSICIAN(Ph~ both prollOl.flCir1g dMlh lW'll.I certifying lo ca.ee afdeBlh) To till a.t IIIfmy Imowlldsll, doNlh oecurTICIlI:tlMtIme,.....,..d.., Ind dulto ltllUUua{I'lnd manllll'l' atItId... 'MEDlCALEXAMNERICOROHER OnthlbMllollJUlmlrlatlonlndlorlnYlltlllltlan,lnlllYoplnlon,dIIIhQCCurr.dflltheUIIM,dll:l,endpllcl,anddUltothlCMmlljI'lna mlM.....otlltlcl.. ". 1'Id. iJ II I I II ,. ~ ~ ~ ~ I'\) ~ ~ ~ ~ 6Jf11j (1/ (jl/drJa ~ ~(}?U3e/j< I, SEL VA A. SPENCER, of 820 Lisburn Road, Apartment 811, Lower Allen Township, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I. I direct that all my just debts and funeral expenses, including my gravemarker and all expenses of my last illness, be paid from my residuary estate. All death taxes and assessments imposed by any governmental body as a result of my death, on property forming my gross estate, whether or not it passes under this Will or otherwise, shall be paid on a pro-rata basis from the assets that make up my gross estate. ITEM II. I give and bequeath all of my household goods, automobiles, jewelry, and all other articles of household and personal use, equipment and ornament, together with all insurance thereon and relating thereto, in accordance with the following: A. Twenty-five (25%) Percent to my grandson STEPHEN A. SPENCER provided he survives my death by thirty (30) days or in the event that he predeceases me or fails to survive my death by thirty (30) days, to his issue per stirpes; B. Twenty-five (25%) Percent to my grandson STUART A. SPENCER provided he survives my death by thirty (30) days or in the event that he I ~ ~ ~. ~ '" ~ '\ ~ .~ ~ ~ ,~ \ predeceases me or fails to survive my death by thirty (30) days, to his issue per stirpes; C. Twenty-five (25%) Percent to my great-grandchildren ELIZABETH ABEL and VIRGINIA G. HOSTETTER in equal shares or to the survivor of them, provided they survive my death by thirty (30) days; and D. Twenty-five (25%) Percent to my grandson MATTHEW 1. SPENCER provided he survives my death by thirty (30) days or in the event that he predeceases me or fails to survive my death by thirty (30) days, then his share shall go one-third to Stephen A. Spencer or his survivors as set forth in subparagraph A above; one-third to Stuart A. Spencer or his survivors as set forth in subparagraph B above; and one-third to be shared equally between Elizabeth Abel and Virginia G. Hostetter. ITEM III. I give, devise, and bequeath all the rest, residue, and remainder of my possessions and estate of every nature and wherever situate in accordance with the following: A. Twenty-five (25%) Percent to my grandson STEPHEN A. SPENCER provided he survives my death by thirty (30) days or in the event that he predeceases me or fails to survive my death by thirty (30) days, to his issue per stirpes; B. Twenty-five (25%) Percent to my grandson STUART A. SPENCER provided he survives my death by thirty (30) days or in the event that he predeceases me or fails to survive my death by thirty (30) days, to his issue per stirpes; 2 C. Twenty-five (25%) Percent to my great-grandchildren ELIZABETH ABEL and VIRGINIA G. HOSTETTER in equal shares or to the survivor of them, provided they survive my death by thirty (30) days; and D. Twenty-five (25%) Percent to my grandson MATTHEW 1. SPENCER provided he survives my death by thirty (30) days or in the event that he predeceases me or fails to survive my death by thirty (30) days, then his share shaII go one-third to Stephen A. Spencer or his survivors as set forth in subparagraph A above; one-third to Stuart A. Spencer or his survivors as set forth in subparagraph B above; and one-third to be shared equaiIy between Elizabeth Abel and Virginia G. Hostetter. ITEM IV. Should any of my issue entitled to a share of my estate not have attained the age of twenty-five (25) years at the time for distribution to him or her, I devise and bequeath the share of such issue to my hereinafter named trustee, IN SEP ARA TE TRUSTS, to hold, manage, invest, and re-invest, the shares so received, and the accumulation of income thereon, and to use and apply from time to time such portion of income and principal thereof as my trustee thinks proper for the comfortable support, maintenance, health, welfare, and education of the issue or to make payment for such purposes, without further responsibility, directly to such issue, or directly to any person taking care of such issue. Any principal or income not so applied shaiI be distributed to such issue when he or she attains the age of twenty-five (25) years, or ifhe or she dies prior thereto, to his or her personal representative. 3 ~ ~ ~\. "" ~ ~ l ~ ~ .~ ITEM V. I appoint my grandsons STUART A. SPENCER and STEPHEN A. SPENCER Co-Trustees of the trust or trusts created by this my last will. In addition to the other powers and authorities granted to my trustee by Pennsylvania Law and by the preceding paragraph ofthis my last will, I hereby give my trustee the following special powers and authorities: A. To retain any or all of the assets of my estate, real or personal (including any stock or securities of any corporate fiduciaries), without any regard to any principle of diversification, risk, or productivity; B. To invest and re-invest in all forms of property without restriction to investments authorized for Pennsylvania Fiduciaries, as my trustee deems proper, without regard to any principle of diversification, risk or productivity; C. 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, or leases, for such prices and upon such terms or conditions as my trustee deems proper and in the best interest of the beneficiary or beneficiaries of said trusts; D. To allocate receipts and expenses to principal or income or partly to each as my trustee from time to time deems proper in its sole discretion; E. To compromise any claim or controversy; F. To exercise any option, right, or privilege granted in insurance policies or in any other investments; 4 ~ ~ '" ~ ~ ~ ~ 1 \ ~ ..~ ~ G. My trustee may accumulate the income from this trust during the term thereof but may, from time to time, distribute from current income or from accumulated income or from principal such amounts as my trustee, in its sole discretion, deems advisable for the education, welfare, and comfort of the trust beneficiary. ITEM VI. All of the interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation nor shall they be subject to any execution or attachment. ITEM VII. I appoint my grandson STUART A. SPENCER executor of this my last will. Should my grandson Stuart A. Spencer predecease me or otherwise fail to qualify or cease to serve as executor of this my last will, I appoint my grandson STEPHEN A. SPENCER executor of this my last will. ITEM VIII. In addition to the other powers and authorities granted to my personal representatives by Pennsylvania law and by the other terms and provisions of this will, I hereby give to my personal representatives the following powers and authorities effective without court approval and until actual distribution of all property: to compromise any claim or controversy; to make distribution in cash or in kind, or partly in cash and partly in kind, and in such marmer as my personal representatives may determine and at valuations finally to be fixed by them; to invest in all forms of property, including any stock or other securities in any corporate fiduciary or its successor without restriction to investments authorized for Pennsylvania fiduciaries, as my personal representatives deem proper, without regard to any principle of risk or diversification; 5 to retain any or all assets of my estate, real or personal, without regard to any principle of risk or diversification; 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, or leases, for such prices and upon such terms or conditions as my personal representatives deem proper; and to allocate receipts and expenses to principal or income or partly to each as my personal representatives deem proper in their sole discretion. ITEM IX. I direct that my personal representatives and fiduciaries shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this If day of mu:r . ,2004. ~&-u /J - rf-hW.?l SELVA A. SPENCER 6 The preceding instrument, consisting of this and SIX other typewritten pages, each identified by the signature of the testator was on the date thereof signed, published, and declared by SELVA A. SPENCER, the testator therein named, as and for his last will, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. o 7 COMMONWEALTH OF PENNSYLVANIA ) ( SS: ) COUNTY OF CUMBERLAND The undersigned, being the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, does hereby acknowledge that I signed and executed the foregoing instrument as my last will, that J signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. k .' ~ ~ a~ ~Pz SELVA A. SPENCER (j Sworn or affirmed to and acknowledged be ore me by the te t tor named above thi lq ay 0 ,2004. , D otar)' Pu IC NOTARIAL SEAL S. CtESIlRO'::1 NlIc I..ow8r Allen lWp.. eurr.. COlI1ly My Como. 11 .). ExpiIw May 10, 2007 COMMONWEALTH OF PENNSYLVANIA ) ( SS: COUNTY OF CUMBERLAND ) WE,1!J.,J...J Lt.Af";fe and S7?/A'A!r A S/E/.7ct9( ,the witnesses whose names are signed to e attached or foregoIng Instrument, beIng duly qualIfied accordIng to law, do depose and say that we were present and saw the testator sign and execute the instrument as his last will; that he signed it willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses; and that to the best of our knowledge, the testator was at that time 18 or more years of ~ of sound mind, and under no constraint or undue influence. 0tl /~ d acknowledged day of ,2004. N011lRlAl SEAl. weI)Y S. CtESIlRO'::1' NlIc U- Allen Twp., CUdleI COlfty My Co....,"", Ex;lilIe May 10, /!'JfI 8