HomeMy WebLinkAbout03-25-15 PETITION 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 request(s)the grant of Letters in the appropriate form:
Decedent's Information al- ��-p3aa
Name: Donald A Phillips File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 176-22-2873
Date of Death: 03/13/2015 Age at death: 87
Decedent was domiciled at death in Cumberland County, Pennsylvania (Stare)with his/her last
principal residence at 5225 Wilson Lane Mechanicsburq 17055 Lower Allen Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 5225 Wilson Lane Mechanicsburq 17055 Lower Allen Township Cumberland PA
Street address,Post Of6ce 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 $ 4,500,000.00
If 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. ... $ 4,500,000.00
Real estate in Pennsylvania situated at: N/A
(Attach additional sheets,ifnecessary.) Street address,Post Oftice 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 07/31/2012 and Codicil(s)
thereto dated N/A
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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS ❑EXCEPTIONS
� B. Petition for Grant of Letters of Administration (If appiicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t.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.
❑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 Relationshi Address --� `-�
(-� —_s . ',,
�`�~ �---' �:� ..7
. .� �
..., '., �, . '
'
: ' ;., �rt , .
�—�7
_, �
�
��J :: �.r7
�
� C..,.i . ::.,�1.
�
Fo�Rw oz rev.loi�lizo�l Page 1 of 2
Official Use Only
Oath of Personal Representative
���� ��; - �:�i
COMMONWEALTH OF PENNSYLVANIA } � . � � '` �>
} SS: � � ' �'��'
,..,
_z.� ; 7
_' ... -
COUNTY OF Cumberland } - �
Petitioner(s)Printed Name Petitioner(s)Printed Address
��:s
Lois J. Adams 1220 Yverdon Drive, Camp Hill, PA 17011 _.-;
,.�J �i.'1
�'�J .. �I
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 and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent�,�he Petitioner(s will well and truly administer the estate according to law.
✓ ���2� Date �-��—%5�
Sworn to affirmed a bscribed before �-���
me t 's �day of , 20/ Date
� �� Date
By Date
or t Re ister
BOND Required:QI'ES �NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
. =-�1 G _�"?��o�10•O° Attorne Si nature:
Letters . . . . . . . . . . . . . . . . . . . . . . $ Y g
( � ) Short Certificate(s). . . . . . s 5. a-�: �
( )Renunciation(s).. . . . . . . . � �
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: EI e E. Ro 2fS
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 41274
��•,1 . . . . . . . IS.c.a
i n 1�.i;.}a•_��- . . . . . . . . �5 c� Firm Name: S81dIS Sullivan & Roqers
—� n� . . , . , , , , IS .��t Address: 635 North 12th Street, Suite 400
Lemoyne PA 17043
Phone: 717-612-5801
Automation Fee. . . . . . . . . . . . . . . 5.o� Fax: 717-612-5805
7CS Fee. . . . . . . . . . . . . . . . . . . . . �5.'�, Email: eroqers(c�ssr-attorneys.com
TOTAL. . . . . . . . . . . . . . . . . . . . . $ `�1 Z�.SC�
�8 d.s/l7 0 0
DECREE OF THE REGISTER
Estate of Donald A Phillips File No: � �� � 5�D 3 a a
alk/a:
AND NOW, �'�� , �� , 2015 , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters TestamentaN
are hereby granted to Lois J. Adams
in the above estate and(if applicable)that
the instrument(s)dated 07/31/2012
described in the Petition be adinitted to probate and filed of rec rd,as the last Will(and Co �ci s)) of Decedent.
�m .
Register of Wills
�
Fo�m RW-02 rev.10/11/2011
� . ,�,
__.
Fi�GISTER OF WILLS CERTIFICAT� OF
� GRANT OF LETTERS
CUMBERLAND COUNTY ��
PENNSYLVANIA `� �
,��� } �-�- -�
.�-_ �������
`��`` _ ni
�s�
No. 2015- 00322 PA No. 21- 15- 0322
Es ta te Of: DONALD A PHILLIPS
�(First,Middle,Las7;
La te Of: LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Securi ty No: 176-
WHEREAS, on the 25 th day of March 2_015 an ins trumen t da ted
�Tuly 31st 2012 was admitted to probate as the last will of
DONALD A PHILLIPS
(First,Middle,Last1
late of LOWER ALLEN TOWNSH/P, CUMBERLAND County,
who died on the 13th day of March 2015 and,
WHEREAS, a true copy of the wi11 as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
LOIS J ADAMS
who has duly qualified as EXECUTOR(R/Xl
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 25th day of March 20�5.
�� ' n�
r.
gister of dls
_ �i—
, . .
.,
,.:� _ �
.,_ . ,.� , '
' " Deputy
t-.__
�
�
!_s�
: ' Ctr
� �
� ., , . --�_ �..
c-�-
� ' �.�'__-_
l.,_.i .. ;tiy . ..
�_:'_ c��,,
t_:::: .--, __
�:- c:�
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
' _, .
_ �,
..__a .....
<-: ;.1, , ,.;z
�= ,_, ^�7 �_�
. ... -�,..y ..._.1 r.,.-)
1
,� .�..: . � ..... ..
.. _.,r..l .. ..�
. . '�. -�.=.3 . . ,
. . ... ��� , ._.
C_I`l
;�(�o :i
��.�� l�i�' V' I1
�� CS.lL11�-\t..l.L ��/��C�.lLJ1.1111C�1:✓�� ;
�a -�'
OF
DOI�TALD A. PHILLIPS
I, DONALD A. PHILLIPS, of Lower Allen Township,
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: Family Information. I am not
inarried and I have no children.
ITEM II: Death Taxes. I direct that all
inheiitance and estate taxes becoming due by reason of my death, whether
payable �y my estate or by any recipient of any property, shall be paid by the
Executor out of that portion of the residue of my estate, if any, which does not
pass to the Trustees of The Donald A. Phillips Chaiitable Remainder Annuity
Trust. All such taxes shall be tieated as an expense and cost of
administration of my estate. The Executor shall have no duty oi obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this VVill.
ITEM III: Debts and Final Expenses. I diiect
LaW offl�es of the Executor to pa,y the expenses of my last illness, my legally enforceable
Sa.idis debts, and my funeral expenses from the residue of my estate as an expense
Sulliva.n and cost of administration of my estate.
& Rogers
�3s No��h iz�,s=�ee= ITEM IV: Gift to The Donald A. Phillips
Suite 400
L�m�y�e,PA»043 Charitable Remainder Annuitv Trust. If LOIS J. ADAMS survives me, I give
the sum of TVVO MILLION ($2,000,000) DOLLARS to the then acting
/�-��
Page 1
Tiustees of The Donald A. Philllips Charitable Remainder Annuity Trust,
created under Agreement of Trust dated the.,��5� day of ��� , 2012.
I confirm and ratify this Agreement of Trust, as amended by me fiom time to
time, in every respect. If LOIS J. ADAMS does not survive me, this gift shall
lapse.
ITEM V: Tan�ible Peisonal Propertv. I give
to iny friend, LOIS J. ADAMS, all my tangible personal property, including
but not limited to, all of my household furniture and furnishings, books,
pictuies, jewelry, silverware, automobiles, wearing apparel and all other
articles of household or pei sonal use or adornment and all policies of
insurance thereon. If she does not survive me, this type of property shall be
sold, and the proceeds added to the residue of my estate.
ITEM VL• Residue. I give the residue of my
estate, not disposed of in the preceding portions of this Will, in equal shares to
the following oi ganizations:
(a) FIVE (5%) PERCENT to the AMERICAN HEART
ASSOCIATION - PA/DEL AFFILIATE, 1019 Mumma Road,
Woimleysburg, Pennsylvania;
(b) FIVE (5%) PERCENT to the AMERICAN CANCER
SOCIETY, 2 Lemoyne Drive, Lemoyne, Pennsylvania 17043;
(c) FIFTEEN (15%) PERCENT to HOSPICE OF
CENTRAL PEI�TNSYLVANIA, 1320 Linglestown Road,
Law Offices of
Sa,iC1iS Harrisburg, Pennsylvania 17110;
Sullivan
& Rogers
(d) TEN (10%) PERCENT to the AMERICAN LUNG
c35No«h,zthsi�eet ASSOCIATIOI�T OF PENNSYLVANIA, 3001 Gettysburg Road,
su;�e 40o Camp Hill, Pennsylvania 17011;
Lemoyne,PA 17043
Page 2 ���
(e) TEN (10%) PERCENT to the SALVATION ARMY,
THE CITADFL OFFICE, 1122 Green Street, Harrisburg,
Pennsylvania 17110;
(� TEN (10%) PERCENT to the KIDNEY
. FOUNDATIOI�T OF CENTRAL PENNSYLVANIA, 4813
Jonestown Road, Harrisburg, Pennsylvania 17109;
(g) TEN (10%) PERCENT to the HUNLANE
SOCIETY OF HARRISBURG AREA, INC., 7790 Grayson Road,
Hariisburg, Pennsylvania 17111;
(h) TEN (10%) PERCENT to the MASONIC
CHARITIES, One Masonic Drive, Elizabethtown, Pennsylvania
17022-9964;
(i) FIFTEEN (15%) PERCEI�TT to the SHRINERS
HOSPITAL FOR CHILDREN, 3551 North Broad Street,
Philadelphia, Pennsylvania 19140;
(j) THREE (3%) PERCENT to the HARRISBURG
SYMPHONY ASSOCIATION, 800 Corporate Circle, Harrisburg,
Pennsylvania 17110;
(k) THREE (3°/a) PERCENT to the BETHAI�TY
VII.LAGE CARE ASSURANCE FUND, 325 Wesley Drive,
Mechanicsburg, Pennsylvania 17055; and
Law Offices of
Sa,idiS
Sullivan (1) FOUR (4%) PERCENT to YALE UNIVERSITY,
& Rogers N��'�' Haven, Connecticut 06520.
G35 North 12th Street
su��e 40o If an of the foregoing oi ganizations fail to qualify as an organization
Lemoyne,PA 17043 y
described in Sections 170 (c) and 2055 (a) of the Internal Revenue Code at the
time when any assets are to be distributed to it, then the Tiustee shall
Page 3 /�J�
distribute the share which would have been distributed to it in equal shares to
the other organizations named herein as are described in Sections 170 (c) and
2055 (a) of the Code.
ITEM VII: Administrative Powers. In addition
to the powers granted at law, the Executor shall possess the following powers,
each of which shall be construed broadly and may be exercised without court
appioval, but in a fiduciary capacity only:
(a) Retain Investments. 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) Varv Investments. To vary investments and to
invest in bonds, stocks, notes, real estate mortgages or other
securities oi in other property, real or personal, without being
restricted to so-called "legal investments", and without being
limited by any statute oi rule of law regarding investments by
fiduciaries.
(c) Division of Assets. In order to divide the principal
of my estate or make distributions, the Executor is authorized to
distribute personal pioperty and real pioperty partly or wholly in
kind, and to allocate specific assets among beneficiaries 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 consuminate partitions of lands,
Law Offices of
Sa.idis voluntarily or involuntarily, including giving of mutual dee s, or
Sullivan other obligations, with as wide powers as an individual owner in
& Rogers fee simple.
635 North 12rh S�ree�
su;te 400 (d) Sell Assets. To sell either at public or private sale
Lemoyne,PA 17043
any or all real or personal property severally or in conjunction
with other persons, and to consummate sale(s) by deed(s) or other
a�='"�
Page 4
instrument(s) to the purchaser(s), canveying a fee simple title.
No purchaser shall be obligated to see to the application of the
purchase money oi to make inquiry into the validity of any sale.
The Executor is authorized to make, execute, acknowledge and
deliver deeds, assignments, options or other writings as
necessary or convenient to carry out the powers conferred upon
the Executor.
(e) Encumber Real Estate. To mortgage real estate,
and to make leases of real estate.
(� Borrow Monev. 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.
(g) Pay Costs. To pay all costs, taxes, expenses and
charges in connection with the administr.ation of my estate.
(h) Distributions without Court Order. To make
distributions of income and of principal to the proper
beneficiaries, during the administiation of my estate, with or
without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
(i) Ri�hts as Stockholder. To exercise voting rights
with respect to securities which form a part of my estate, and to
Law Offices of
Sa,idis exercise all the powers incident to the ownership of securities.
Sullivan
(j) Reor�anize. To unite with other owners of property
& Rogers
�3s No«h lzTh sTree� similar to property in my estate to carry out any plans for the
Suite 400
Len,��Yne,PA 1�043 reorganization of any company whose securities form a part o
my estate.
�
Page 5
(k) Disclaim. 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 exeicise 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 a third-party
beneficiaiy contract.
(1) Tax Returns. To prepare, execute and file tax
retux•ns of any t3�pe required by applicable law, and to make all
tax elections authorized by law.
(m) Allocate Expenses. 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.
(n) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as
the Executor deems appropriate, and to compensate these
persons fiom assets of'my estate, without affecting the
compensation to which the Executor is entitled.
(o) Basis Adjustment. To make any adjustment to
basis authorized by law, including, but not limited to increasing
Law Offices of
Sa.idis the basis of any property included in my estate, whet er or no
Sullivan passing under this VVill, by allocating any amount by which the
& Rogers bases of assets may be increased. The Executor shall be under
�35 No«h,2th st�eet no duty and shall not be required to allocate basis increase
su��e400 exclusively, primarily, or at all to assets which pass as part of my
Lemoyne,PA 17043
probate estate as opposed to othei property for which a basis
adjustment is allowable. The Executor shall allocate basis
�
Page 6
inciease equitably among those beneficiaiies receiving propeity
as a result of my death, but shall not be liable to any person, nor
subject to removal oi surcharge, for any ieasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
(q) Other Acts. To do all other acts in the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the
estate.
ITEM VIII: Simultaneous Death. Any person
who has died within thirty (30) days of my death, or under such circumstances
that the order of our deaths cannot be established by proof, shall be deemed to
have predeceased me.
ITEM IX: Executors. I make the following
piovisions with respect to Executors:
(a) Primary Executor. I appoint LOIS J. ADAMS to
serve as Executor.
(b) Contin�ent Executor. In the event that LOIS J.
ADAMS is unable or refuses to serve as Executor, I appoint
ELYSE E. ROGERS to serve as Executor. In the event that
ELYSE E. ROGERS is unable or refuses to serve as Executor, I
Law O£fices of
Sa,idis appoint that person selected by the law firm with whom she was
Sullivan most recently affiliated to serve as Executor.
& Rogers
�3s Norrh�z�h srreet (c) Com�ensation. The Executor shall have the right
Suite 400
Ler„oy„e,I,A,�o43 to receive reasonable compensation for services rendeied an
reimbursement for reasonable expenses.
Page 7 ��`-' /
(d) Standard of Care. 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.
(e) Securitv. The Executor is specifically ielieved from
the duty of filing bond or enteiing security.
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, at the end of each page of which I have also set my initials for greater
security and better identification this,3ls� day of G� > 20 / Z
,
�� `��� (SEAL)
DONALD A. PHILLIPS
We, the undersigned, hereby certify that the foregoing Will was
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 and
in his presence and in the presence of each other, have hereunto set our hands
and seals the day and year first above written, and we certify that at the time
of the execution theieof, the said Testator was of sound and disposing mind
and memory.
Law Offices of
S1.1C11S ��
Sullivan ' (SEAL) Residing at a�--Si�V�� �����+U�Q �%.+11�.
& Rogers ,�� � � ,� �-'� � ���
635 North 12th Street � �
Suire 400 �� ��
Lemo ne,PA 17043 �
Y � � �- i t (SEAL) Residin at .S '
�
_ � ���'.�� S �" _
� < ����J �
P a ge 8 i�-�/"
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSI'LVANIA )
'� ) SS:
COUNTY OF I 1 `�'�� )
I, DONALD A. PHILLIPS, Testator, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law,
do hereby acknowledge that I signed and executed the instrument as my Last
Will and Testament; that I signed it willingly; and that I signed it as my free
and voluntary act for the purposes therein expressed.
� r
��� � /'����� (SEAL)
DONALD A. PHILLIPS
Swoin to and subscribed before
me isJ)� day of
' �._�_ 4 .. _, 20 {��- .
�
� , , #) `,
,�..
; Notary Pub ic
My Commission Expires:
(SEAL)
Law Offices of
Sa.idiS
Sullivan
& Rogers
635 North 12th Street (;Ip�qAQNyME/ILTH OF PENNSYLVANIA
Suire 400 NpTAR1Al SEI�I.
I.emoyne,PA 17043 CVNTFqA J RULE,N0��
8o�a�1 p1 ,Cumberlw�d�
�qi�ipe ' F 9,201
AFFIDAVIT
COMMONV�'EALTH OF PENNSYLVANIA )
�� j ) SS:
COUNTY OF �.�:. y>>...-�1.X-�..-�-fi__.�. )
�'e, C�� �� _ .�. J �n � and L.� �_ ��S,
--�
the Witnesses whose names are signed to the attach�� foregoing
instrument, being duly qualified according to law, do depose and say that we
weie present and saw Testator, DONALD A. PHILLIPS, sign and execute the
instrument as his Last Will and Testament; that Testator signed willingly
and that he executed said Will 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 oui knowledge the
Testator was at that time eighteen (18) or more years of age, of sound mind
and under no constraint or undue influence.
��� �� __ �
Witness itn ss
Sworn to and subscribed before
me tlii .���day of
_ _ l.� , 20 I,� .
;
�
, __��t ;�..
!� �� � (,
Law Offices of �����
Saidis Notaiy Public
Sullivan My Commission Expires:
& Rogers
635 North 12[h Street �SEAL�
Suite 400
Lemoyne,PA 17043
COMMONMR�►���r��YLVANIA
NO?ARIAL SEAI
CYNTHIA J RULE,Notary PW�ic
��Can rni�ion � C F�3,2016