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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 ~~-...) (~=') (j ! c;-;: : 'J.) . , t__' ~ r7-( situated as follows: '.J r , 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: . 1'-' - ~ f',.) o : C.-" '. I "r-I .~.~) ignature Typed or printed name and residence; Tim Roney Spahr 538 West Penn Street Carlisle, PA 17013 r __.----;? '0 C,~-.........;;. \.0 717-243-5587 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 5~tf~,,-- .;Z60\~J J11!~~~ ~:J For the Registe(rj n l\ A ~ j.--- t'^ - (x.~t~J V~ No. ~R~ Tim Roney Spahr ~yt, Estate of Charles I. Spahr , Deceased also known as AND NOW, ;) () fh 205-09-9815 >.p o-J-.i- tf\ kr 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. p 1 '1 Q ", .1.. ~:.'" ... ("\ 1'") 1IIIt~(1"'Orp;:;;---_ \,'I~\.l"~~'r4'--~ /~ ~"'o. I ~r:. "'~~\ ~:Ei " .~ '.I~~ ~ ~I\.f~':~~ , \. . - '. . ~ >.*~...,'*~ \~"'~Jj> ..... /~~l~ - ~~ /~~"'\' ~--.,.-_ IMENl \){~ 1111\" "''''''''''''''OH,IIIIJ1,l I &:-~. ~eu..~~ Local Registrar Fee for this certificate. $6.00 No. SE'p.)l 5 Date ;--J t.":..' 20~ .X) ,-r-j -n " -, .; (~S .:j t~!:'-:-~ ,'1'1 "~'=~) \ .' .~ l'-.J C:J I...D H105.143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH TYPElPAfNT IN PERMANENT Bl..ACK INK ~l . .. COUNTY OF OEArH Cum~ .... 'Pf;' UNDER 1 YEAR ....... 0.,. SEX .-'" ../MLI; 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, ~,O 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. <_I ,.. White SURVIVING SPOUSE l" wde. 9'V'I maooen name) ~ ~ fiJ ~ o ~ o UJ ~ '" z 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 17b.Co Ok! -.. ..ina 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' {f'-1 k ~ GtVt-. _ 10 (OR AS A CONSEOUENCE OF): ... 1 ApptOximlte l== I : PARTH: OttI.rsigniflcanl: condI&ionlIoonlributing todealh, but not resulting in the uncMrfving ca.e g;v., in PART I. ~ g: ./l DUE 10 (OR AS A CONSEQUENCE: OF): DUE 10 (OR AS A CONSEQUENCE Of): " d WERE AUTOPSY FINDINGS AVAILABlE PRIOR 10 COMPLETION OF CAUSE OF DEATH? Hom;cide o 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. ./'I ':3 ~ :....J ~ ..... 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 ",,0 REGISTRAR'S SIGNATURE AND NUMBER t::\. ~~\.)..~~'U! -:.v I~ \ 1d.J 1101 0::::- Could noI be detemllned ... "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. 1 C?/S. f" ") "'. ~, ( ...~~ 1..0 I~)Y; f~ 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 CIS'. /~//'r/tp5 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. 3 C:lS. / :J../ltf; 15 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 ,?/s. /* 'fJ' 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 ~~ f7 e ----- ~~JI-~ CHARLES I. SPAHR 5 Cf5'_ /~ tt.r 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. Add1);~ NJj' PA ( ~"c:: 7/C:~ <<:;1""'/ WITNESS Address: '*'17.' ..' (;Jt2 ../ 6 c/~ /~~~ 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. \ ~r? -P? - A~~ CHARLES 1. SPA .~ .,~~ ,. , ) -;:/"'//) / ? ..~~ /Xci;;~~Y~L/ 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: fl;l"',: CCJ;'!~}:~- ;., : r,'y ~~:;~'c;,~"~: ' ,'U;:i.. 1 g~~~', . " .~_..-.._,~_.~---y~~-- 7 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: ", 1 I I i /L' Hummelstown PA 17036 Telephone: 717/533-3280 Capacity: Personal Representative X Counsel for Personal Representative ---.\ .1