HomeMy WebLinkAbout09-20-05
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS _ _ ")
Estate of Charles I. Spahr No. l..J../ - 05 () ~ 4 t7\
also known as
, Deceased
Social Security No. 205-09-9815
Tim Roney Spahr
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[RJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor
the Decedent, dated 12/14/1995 and codicils dated
named in the last Will 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.t.a: d.b.n.c.t.a; pedente 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
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 337 Graham Street, Carlisle Borough
(list street, number, and mUniCipality)
Decedent, then
85
years of age, died
09/14/2005
at Carlisle Regional Medical Center, Carlise, PA
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
5,500.00
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situated as follows:
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Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant- -:
of letters in the appropriate form to the undersigned: .
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ignature
Typed or printed name and residence;
Tim Roney Spahr 538 West Penn Street
Carlisle, PA 17013
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717-243-5587
Prepared by the Pennsylvania Bar AsSOCiation
Copyright (c) 2004 form software only The Lackner Group, Inc
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that 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, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this do +11 day of
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For the Registe(rj n l\ A ~ j.---
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No.
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Tim Roney Spahr
~yt,
Estate of
Charles I. Spahr
, Deceased
also known as
AND NOW,
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205-09-9815
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I
Date of Death:
09/14/2005
Social -Security No:
---
?fJD ~ , in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters I!] Testamentary D of Administration
(c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Tim Roney Spahr, Executor
in the above estate and that the instrument(s) dated
12/14/1995
Renunciation.............................. $
~urr4 {\ o~l{t'jtJ\ b\u "
Attorney: Gary L~Jlmes, Esq.
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters....................................... .$
Short Certificate(s).....................$
Affidavits ( )...........................$
1.0. No:
27752
James, Smith, Dietterick & Connitliy, LLP
134 Sipe Avenue
Extra Pages ( )....................$
Address:
Codicil........ ..... .... ........ ... .......... ..$
Hummelstown, PA 17036
Inventory.................................... $
Telephone1 717/533-3280
E-Mail: glj@jsdc.com
JCP Fee.....................................$
Other..........................................$
TOT AL............................ $
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
Tlti, i~, to certifv that the information here given is correctly copied from an original certificate of death duly filed with me as
1,,( tI Registrar~ The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Local Registrar
Fee for this certificate. $6.00
No.
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Date
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
TYPElPAfNT
IN
PERMANENT
Bl..ACK INK
~l .
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COUNTY OF OEArH
Cum~
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UNDER 1 YEAR
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STJQ'e fiLE NUMBER
SOCIAL SECURITY N~MJlEA qc
3.t)OS - CI'l - olS
OA~ ~F OERH ,Monm. Oa.,. 'oUrl
.. '::>ePrE~ I'll 200':,
NAME OF DECEDENT (FIrS!. MiddIe.lasrl
1. CU-iW.L8S ::r:. s'PtJ H-iZ.,
AGE (lasI Birlhdavt
V<s.
BIRTHPLACE (c.ty ;;11>(;1 Pt..ACE OF DEATI-lICI'ecIo oNy ~ 'See ,nSllUCloOM on orne. ~I
SlaIs or fers'gn Counlrvl HOSPITAL
Inpal~
...
FACILITY NAME (II not ,nsl'Iuf,Ol"l. 9Ml SCl@efandnumber,
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DECEDENT'S USUAL OCCUp,.tJ1ON
(~r::~:H;:r~ ~ ::~,=r
"..Service Work ".. P.P.& L. Co.
DECEDENT'S MAILING ADDRESS (Street CilylTOwn. Stat.. ZIpCode\
MARITAL STATUS. Married
Never Uanied,~,
DivOrced (Speedy)
".Wicbwed
RACE. American Indian, 8eack, White. etc.
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,.. White
SURVIVING SPOUSE
l" wde. 9'V'I maooen name)
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337 Graham St.
,..Carlisle, PA 17013
FRHER'S NAME (First. Middle. Last)
to. Edward S
lHFORMANT'S NAME (T'fPllIPriol)
_. Tim R. S
METHOD OF OtSPQSITION
DonM;onO :=~lfy~remaliOn 0 RernovafIrornSlateO
. 21L
" StGNRURE OF
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Cumberland -' 1?~:;"''':'':::::''
MOTHER'S NAME Wut. Moddkl. M3lden Surname)
Della M. Rene
.....
Carlisle
_.
11.
INFORMANT'S MAtUNG ADDRESS (SIrMC. CityI'Town, Stale. Zip Code!
.... 538 W. Perm St., Carlisle, PA 17013
PlACE OF DISPOSITION. Name of CemetllC'y, Crematory lOCAllON. Cityfbrrm, Slate, ZIp Cod.
Of Other Place
21C,
Ashland Cemetery
Carlisle, PA
21d.
17013
LICENSE NUMBER
.... FD 012633 L
NAME AND ADDRESS OF FACILITY
~in Brothers Funeral Herne, Inc., Carlisle, PA
LICENSE NUMBER
24. M.
27. PART I: Enter 'he dise8sel, in;uries or complications wtlich caused the death. Do not eIll., the mode of dying. sl.ICh 15 cardiac or re!;piralory arrest. st\ol::k or hurt failure.
LiSt ontv one cause on eacllli.....
DATE SIGNED
(Month. Day. '\UtI
23b. Z3c,
WAS CASE REFERRED TO MEDICAL EXAMINERlCORONER?
Yes 0 ",,[)l'
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_ 10 (OR AS A CONSEOUENCE OF):
...
1 ApptOximlte
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PARTH:
OttI.rsigniflcanl: condI&ionlIoonlributing todealh, but
not resulting in the uncMrfving ca.e g;v., in PART I.
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DUE 10 (OR AS A CONSEQUENCE: OF):
DUE 10 (OR AS A CONSEQUENCE Of):
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WERE AUTOPSY FINDINGS
AVAILABlE PRIOR 10
COMPLETION OF CAUSE
OF DEATH?
Hom;cide
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o
o PLACE OF INJURY. AI home. '-""~~, 'actOf\', orne. M.
blJiIdrtQ. _c. ISpecllvl
....
Yes 0 ",,0
Yes 0
MANNER OF DEAT/,
Hat". R&
_.. 0
Suic"" 0
DATE OF INJURY
(UonIh.Day. 'l\aarl
TIME Of INJURV
INJURV /IiI 'NORK1
DESCRIBE HOW INJURY OCCURRED.
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CERTIFIER lCheck 0f11y one)
.CElfTIFVING PHYSICIAN (PhYSOClan certllylr\g cause d dHth wtIer'l anOll1er P'lVSlCo8n has pronounced dealh al1CI completed Item 23)
To the bMl of my lIncnn.dge, death occurred due to Ihe cause(I).Ind manner.. staled. . .. .........,...
P~ InYMltgalion
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REGISTRAR'S SIGNATURE AND NUMBER
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Could noI be detemllned
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"PRONOUNCING AND CERTIFYING PHYSICIAN (PhYSOCllln both P/anour.c:,OO Cleath and cen,IYlfl9 fa cause or deal"\
To ttM bee1 of my knotrriedQtt, death occurred .lIthe 11m., date, .Ind pl.lce, .Ind due to the c.luu(.l.lnd mann.,.I. staled..
.MEDICAl EXAMINER/CORONER
On lhe besis 01 examination and/or Investigation, in my opinion, death occurred III IheUme, date, ,;lInd place, and due to the eauu'lland
mann., as stated..... ......, ............. > ....... .... ........ ... . .. .................. ........
31,
o
Last Will
of
CHARLES I. SPAHR
I, CHARLES I. SPAHR, a resident of Cumberland County, Pennsylvania, declare that this is my will.
I hereby revoke all my previous wills and codicils.
Article One
Introductory Provisions
Section 1. Marital Status
I am not currently married.
Section 2. Children
a. The name(s) and birth date(s) of the children of CHARLES I. SPAHR are:
Name Birth date
MARGARET BRANDT REISINGER
TIM RONEY SPAHR
June 8, 1941
October 2, 1942
All references to the children of CHARLES I. SPAHR in this instrument are to these
children and any children subsequently born to or adopted by him.
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Article Two
Appointment of My Personal Representatives
Section 1.
Nomination of My Personal Representatives
I appoint the following to be my Personal Representative:
TIM RONEY SPAHR; THEN
MARGARET BRANDT REISINGER
If for any reason the Personal Representative(s) named above are unable or unwilling to serve,
the following successor Personal Representative(s) shall serve until the successor Personal
Representative(s) on the list have been exhausted. Unless otherwise specified if Co-Personal
Representatives are serving, the next following named successor Personal Representative shall
serve only after all of the Co-Personal Representatives cease to act as Personal Representatives.
Section 2.
Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in my will.
Section 3.
General Powers
My Personal Representative shall have full authority to administer my estate under the laws of
the State of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall
have the power to administer my estate under the Pennsylvania Probate, Estdtes and Fiduciaries
Code.
2
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Article Three
Disposition of My Property
Section 1.
Distribution to My Revocable Living Trust
I give all of my property of whatever nature and kind and wherever located to my revocable
living trust of which I am a Trustor known as:
CHARLES I. SPAHR, Trustee, or his successors in trust, under the CHARLES I.
SPAHR LIVING TRUST dated DEe 1 4 1995 and any amendments
thereto
Section 2.
Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute my
property as a testamentary trust, the provisions of which are identical to those of my revocable
living trust on the date of execution of my will.
Article Four
Death Taxes
Section 1.
Definition of Death Taxes
The term "death taxes" as used in my will shall mean all inheritance, estate, succession and other
similar taxes that are payable by any person on account of that person's interest in the estate of
the decedent or by reason of the decedent's death including penalties and interest but excluding
the following:
a. Any addition to the federal estate tax for any "excess retirement
accumulation" under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code
Section 2032A.
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c.
Any federal or state tax imposed on a generation-skipping transfer as
that term is defined in the federal tax laws unless the applicable tax
statutes provide that the generation-skipping transfer tax is payable
directly out of the assets of my gross estate.
Section 2.
Payment of Death Taxes
Pursuant to the terms of my revocable living trust all death taxes whether or not attributable to
property inventoried in my probate estate shall be paid by the Trustee from that trust. However,
if that trust does not exist at the time of my death or if the assets of that trust are insufficient to
pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot
be paid by the trustee from the assets of my probate estate by prorating and apportioning those
taxes among the beneficiaries of this will.
Notwithstanding any other provision in my trust all death taxes incurred by reason of assets
transferred outside of my trust or probate estate shall be assessed against those persons receiving
such property.
Article Five
General Provisions
Section 1.
No Contest Clause
If any person or entity other than me singularly or in conjunction with any other person or entity
directly or indirectly contests in any court the validity of this will including any codicils thereto
the right of that person or entity to take any interest in my estate shall cease and that person or
entity shall be deemed to have predeceased me.
Section 2.
Captions
The captions of Articles, Sections and Paragraphs used in this will are for convenience of
reference only and shall have no significance in the construction or interpretation of this will.
4
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Section 3.
Severability
Should any of the provisions of my will be for any reason declared invalid such invalidity shall
not affect any of the other provisions of this will, and all invalid provisions shall be wholly
disregarded in interpreting this will.
Section 4.
Governing Law
This will shall be construed, regulated and governed by and in accordance with the laws of the
State of Pennsylvania.
I signed this, my last will, on DEe 1 4 1995
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CHARLES I. SPAHR
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The foregoing Will was, on the day and year written above, published and declared by
CHARLES 1. SPAHR in our presence to be his Will. We, in his presence and at his request, and
in the presence of each other, have attested the same and have signed our names as attesting
witnesses.
We declare that at the time of our attestation of this Will, CHARLES 1. SPAHR was, according
to our best knowledge and belief, of sound mind and memory and under no undue duress or
constraint.
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WITNESS
Address:
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STATE OF PENNSYL VANIA
: SS:
COUNTY OF DAUPHIN
We, CHARLES 1. SPAHR, , and 'A (q the Testator
and the witnesses, respectively, whose names ar signed to the foreg ng Ill, having been
sworn, declared to the undersigned officer that the Testator, in the presence of witnesses, signed
the instrument as his last Will, that he signed, and that each of the witnesses, in the presence of
the Testator and in the presence of each other, signed the Will as a witness.
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CHARLES 1. SPA
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WITNESS ,t/
by CHARLES 1. SP AHR, the Testator, and by
/?J4:/r #' 4{j k~tlt't-/~' the witnesses on
Notary Public
My commission expires:
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LtS'_ 1.;f;7'J '15
In the Court of Common Pleas of
INRE:
Estate of
Charles I. Spahr
Cumberland
County, pennSYIJania
ORPHANS' COURT DIVISION
NO. 2005-00842
Certification of Notice Under Rule 5.6(ID
Name of Decedent: Charles I. Spahr
Date of Death: 09/14/2005
To the Register:
I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules was serve.
on or mailed to the following beneficiaries of the above-captioned estate on 09/23/2005
Name
Charles I. Spahr Living Trust
Margaret B. Reisinger
Tim R. Spahr
Address
538 West Penn Street, Carlisle, PA 17013
5767 Waggoners Gap Road, Landisburg, PA 1704
538 West Penn Street, Carlisle, PA 17013
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except.
Date: Z(,7"3 - t-~.~
\/-.
Signature
Name:
Address:
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Hummelstown PA 17036
Telephone: 717/533-3280
Capacity:
Personal Representative
X Counsel for Personal Representative
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