Loading...
HomeMy WebLinkAbout06-21-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of John P. Stevens, Jr. also known as File Number d 1-()1- /JS9x , Deceased Social Security Number 160-16-2058 Scudder G. Stevens Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZ1 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated April 2, 2007 and codicil(s) dated Renunciation of Elizabeth Georgia Stevens named in the (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applicable, enter: c.t.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: (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.) Name Relationshi :;;:: en CJC"') (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. OO~ :Do o c ::r: County, Pennsylvania with his / her last principiil r~ence at ;::::; :::u .. Decedent was domiciled at death in Cumberland 868 Oak Oval Messiah Villa e Mechanicsbur PA 17055 (List street address, town/city, township, county, state, zip code) t"', =i5 f~<~ -.J _;.O! Decedent, then 90 years of age, died on June 16, 2007 at Messiah Village, Cumberland County, P A Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania 250,000.00 $ $ $ $ situated as follows: est(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to . Stevens, Esquire, 120 N. Union Street, P.O. Box 1156, Kennett Square, PA 19348 Page 1 of2 Form RW-02 rev. /0.13.06 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 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 ofPetitioner(s) and that, as personal esentative(s) oft ecede, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the tll Sf day of ~ (") Co 5:::0 ~;g u "i"J~P CZm ".=,;:,.",::0 -,,",- 'oJ " ^ c::JnQ t~O J, OC: : ::0 :o-i );> , Deceased ......, = = -.... .l) Signature a/Personal Representative Signature a/Personal Representative ~ ;;z: N :1. } : 'r t'~-.''''I f~ -.~~ ~g ~)C) ...; =~! -:.:. C") ,- (II ,.-) - I FileNumber:~- Sg~ - ::J: c:? W -oJ Estate of John P. Stevens, Jr. Social Security Number: 160-16-2058 Date of Death: 6/16/2007 AND NOW, having been presente are hereby granted to 62...CXYl , in consideration of the foregoing Petition, satisfactory proof efore me, IT IS DECREED that Letters Testamentary Scudder G. Stevens, Esquire . in the above estate and that the instrument(s) dated April 2, 2007 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) ofDece FEES Letters ............... $;3 \Ch CiJ Short Certificate(s) . . . . . . .. $ l..\O,O\:) Renunciation(s) .......... $ 5 -C() \ 1. ~ ~ ... $ \S.(j;) .",ll\ p ... $ \O-CO C?.J..~I~~-'" $ 5_0\) ." $ ...$ ... $ ...$ ." $ TOTAL.. .. . .. .. .. : : : ~~5 .l'!\) i:tl8 @.. Attorney Signature: Attorney Name: Supreme Court LD. No.: 4281 Address: 120 N. Union Street, P.O. Box 1156 Kennett Square, P A 19348 Telephone: 610-444-9840 Form RW-02 rev. 10.13.06 Page 2 of2 HI05.K05 REV 1011(7) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13550477 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records GUice for. permanent filing. ~ frl ~JUN/l 8 Z~07 Local Registrar Date Issued o ~o co::O qjlo f- .F;; J> ~:o zen"?, Ogo (") -n 0<= ; :0 ::u~ )> l REV 11/2006 f PRINT IN lMANENT ACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions snd examples on reversal ,...;) c:;:) c:;:) ~ C- c:: z: N ~.fl Fi:: ~-S G: <) ~c,?J 0:-1, i"Tl ::ci C::J (".:)0 'd~-l ....,--, -n <::'") nI :Po :x 9 w -..s - 2058 one) 6-16-2007 STATE FILE NUMBER 4. 0... 01 00"" IMonlIl, tlay, yea~ 0Ihe< 14. MarttalStatus: Married. Never Married, w_, 0Mln:8d (Spsdfy) Harried Did Oe<edant =1 l1cXJ V.., OacetlantLMldin T....er All..n 17d. D No, Oacetlant livedwllhln .\ctuaIl.i*oI 19. _s Name (Fllsl, _, maJdan surname) len Campbell Hyers 2Ob.lnfonnanl's __1_, cltyf_, "Ie, zl> code) 11 Mer bell Lane Kennett S 21c. Place 01 Disposition (Name 01 comel8l'f, _ or """ plaC8) 90 10. Race: American Indian, Black, White, etc. (SpOci/)oj White T"1>. City f Boro 2007 Cremation Societ of PA PA 17109 22c.NameIlldAddraosolFacI1ItyAuer HeIlOrial Boae & Cremation Svcs.. Inc. Barrisbur 17109 23<. Date Signed (Month, day, yea~ _ 24-26 _ be ~ by porson 24. Tlme of Death 25. Dele PIOOOUIlCOd Daod (Month, dey, ~ . whopRlllOUllC06_ 4:55 P.M_ 6-16-2007 CAUSE Of OEATH <Seoln_.nd ......pIM) l!em 27. Part I: Enter the <:IlIIl1.OlmIlI- -..s, iIjuries, or ~ -lhe1 ch:IIy caueed the _. 00 NOT anlef ""'*"'...." such as cordac .rrest, mpil3Iory......, or_ _ _..-.g the etiology. UsI only one co.... OIl _line. I Approxima18 Interval: I Onset to Death I I , I I I I I . I I I , I I I 1. Nomeol_(Fnt, _, lest, sumx) John Pfouts Stevens s. Age IWI BlI1Mey) Under 1 ..... 6.00" of Birth (Month, day, ~ 7.Bil1hplaco and_or 6-11-1917 Jersey Shore.PA Vrs. Db. County 01 Death . Cumberland 8d.FaclilyName("noI_,~_IIld",",~ Messiah Village- (868 Oak Oval) 12. Was 0ecederK ever in the U.S. Armed Forces? [JV" DNo 13. OacedenI's EducatiOll (Spedty OII~ highest grade compleled) EIemen18Iy 'Secondary (()'12) CoIllllIel1-4 or 5<) 5+ 11._sUooal _01 IIe.Donol_ Krdol_ Krdol_flnduolry Financial Manager Manufacturing 18.~sMeiing_(_clIy'-'-'zl>-) 868 Oak Oval- Messiah Village - Mechanicsbur . Pennsylvania 17055 18.F_'sName~_ .....sulIlx) John Pfouts Stevens ="'~ "e.Sla" Pennsvlv..ni.. 17b. County eu.berland =~=)-~ fJ .v-.u.A~ Oue 10 lor as.consequenceot): ~ .. _lIelcordtiOllS,neny, IelcinatolMcaueell8ledonlnea. Enter the UNOEALY1NG CAUSE =-~~~ b. Oue 10 lor as._ot): Oue 10 lor as._ot): d. 3Oa._"'_ - :n. Wota_ FIIldngs A__IoCorrl>letiOll 01 Cause 01 Oaeth? 31. _ 01 Oaolh ~D- D-Dl'endlr9lrwaol1gati011 D SulckIe D CaUd No! be llateImined M. D Yes ~No DYee DNo 32<1. T... 011'*-<1 330. ee_lched< only onej Ce<IIfyIng pI1yIICieft IPI1ysicien COf1lfylng ClIUSO 01 death when _ physicien has pIOOOUI1COd deeth.nd complated - 23) To1tlebeotolmy--..__dueIo1tlec:ouoe(l)and __..Ileted.. - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- =':=~..'.:=~end~~~IoIo'::~=_aslleted..__________ ____ __ _ D =' =-= and f or kwestlg8lton, In my optnIon, death occurred at the time, date, Ind ptace, and due to the Cluse(S) and manner as stIIed.. 0 26. was Case Referred to MedIcal Examlner f Coroner lor 8 Reaeon Other than Cremation or Donation? Dves DNa Pari II: EnterotherAinnillcltnl:oondIIlDnllr.onIrIlutlnakldHltt, 001 not raoullinginthetlllderlyir9Cl1USOgiwn In Part I. 28. DId Tobacto Use Contribute 10 Dealh? Q~ DP..-y ~No Du- 29. " FemeIe: D NoI_nlwllhinpestyeat D Pregnenl a1 time 01_ DNoIpregnent,OOlJlll91entwithin42tlays oIdeeth D NoI_I,OOl_I43dayslolyaar befOlll_ D Unknown n _I wIlhinthe pest year 32<:b'::=~Slreet.Fac1Or'f, 33d. Dela Signed (Monlh, day. yeat) .f~".L. f~1 tv",') 34. j(e:~::~,~ Who c".~~;:~ ~0e81 (Item 27) Type I Prtnl '.ZvJ !</-CI<<-.J-'" r1.:/~ , ... 4 II- /I /~, ,.,(/ 35. Registrar's ~ Disposition Perm~ No. l..:a II~I/ ( 36. Dele F!1 ~ dey, leall, I tt//J-/-?t?C / o /17;J./a LAST WILL AND TESTAMENT I, JOHN P. STEVENS, JR., of Mechanicsburg, Cumberland County, Pennsylva- nia, make, publish and declare this to be my Last Will and Testament and hereby revoke all prior Wills and Codicils made by me. ARTICLE 1: Source of Funds for Payment of Taxes. etc.: A. I direct that the costs of administration of my estate, the expenses of my last illness and funeral, and all estate, inheritance, succession, death or similar taxes (except generation- skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such purposes, be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. B. I specifically direct that any fiduciary having control of United States Treasury Bonds or notes useable to pay federal death taxes shall so use them if that fiduciary is required to pay any such tax. ARTICLE 2: Personal Property: I give and bequeath all of my personal and household effects of every kind to my wife, ELIZABETH G. STEVENS, if she shall survive me by thirty (30) days. If she shall not survive me by thirty (30) days, I give all of said property to my children, per stirpes. I request that my wife, my Co-Executors, and my children abide by any memorandum by me directing the disposition of this property or any part thereof. If any beneficiary hereunder is a minor, my Co- Executors may distribute such minor's share to such minor, or for such minor's use, to any person with whom such minor is residing or who has the care or control of such minor without further responsibility, and the receipt of the person to whom it is distributed shall be a complete discharge of my Co-Executors. ('") ~ -'- => ~o -.I ':0 ::0 c- ;.~ \J ..-,. c:: . "I'-... Z __,".J 1:'> .-- .. r-- ..,. m N ;t:: ~::o L_ ^ CJoo C) 0 "Tl OC " ::0 ::l:J~ ::r> Last Will and Testament - JOHN P. STEVENS, JR. Page -~ Initials S:\activeJl slStevens,John P and Elizabeth\qtip_will_jps_wpd :::0- ::r.: '2 <..,) -.J (j') ARTICLE 3: Residuary Estate: I. Unified Credit Provision I give, devise and bequeath unto the Trustees of my Intervivos Deed of Trust dated the 30th day of May, 1995, and any amendments thereto, and their successors, such sum as will exactly equal the amount passing free pursuant to the exemption equivalent of the unified credit under the Federal Estate and Gift Tax laws then in effect at the time of my death, to dispose of the net income and principal pursuant to the terms of that trust agreement, as amended. II. Marital Deduction Provision A. I give the residue of my estate of every kind and description (including lapsed legacies and devises), wherever situate, to my wife, ELIZABETH G. STEVENS, if she survives me (and for purposes of this Will, she shall be deemed to have survived me unless it appears unmistakably otherwise). B. If my wife does not survive me, or if she survives me and should exercise her power to disclaim, in whole or in part, any of my estate by means of a qualified disclaimer described in Section 2518 of the Internal Revenue Code of 1953, as amended, then I give such disclaimed portion (or the entire residue of my estate if she does not survive me) to the Trustees of her Intervivos Deed of Trust dated the 30th day of May, 1995, and any amendments thereto, and their successors, to dispose of the net income and principal pursuant to the terms of that trust agreement, as amended. C. It is my intention that the funds subject to said trust agreement, as amended, shall qualify for the Marital Deduction as "qualified terminable interest property", as that term is defined in the Internal Revenue Code. However, if, in the opinion of my Co-Executors, it is not advisable to have such property so qualified, they may, in their absolute discretion, make such election. ARTICLE 4: Methods of Payment: My Co-Executors are authorized to make any payments or applications of income or principal from my gross estate to any beneficiary entitled to the same in any manner as my said Co-Executors may deem to be to the best interests of such beneficiary, including: 1. To such beneficiary directly; 2. To such beneficiary's guardian of the person or property, or both (whether formally appointed or not); Last Will an Testament - JOHN P. STEVENS, JR. Page -2- Initials S:\active"'p' slSlevens,John P and Elizabeth\qlip.will.jps.wpd 3. To the person with whom such beneficiary resides; 4. By mailing to such beneficiary's last known address; 5. By depositing to the bank account of such beneficiary; 6. Directly to third persons for the benefit or such beneficiary; 7. To any custodian acting on behalf of such beneficiary under the Pennsylvania Uniform Gifts to Minors Act, as amended. ARTICLE 5: Special Distributions: If the property, principal and/or income of a Trust, or any of my gross estate would be distributable to any beneficiary who is under the age of twenty-one (21), or who (in the sole determination of my Co-Executors) is incapacitated and unable to properly handle his or her own affairs, then I direct that in lieu of being paid or distributed to such person, such property and/or income shall be held or retained by my Co-Executors, in Trust, as a separate trust fund for the benefit of that beneficiary. My Co-Executors, acting as trustee, shall payor apply so much of the income and principal of such trust for the health, support, maintenance, and education of said beneficiary as my Co-Executors deem to be in the best interest of that beneficiary. The principal and any accumulated income shall be distributed outright and free of trust to that beneficiary upon attaining the age of twenty-one (21) or upon the regaining of capacity, or, if that beneficiary dies before such time, to that beneficiary's estate. ARTICLE 6: Appointment of Executor: I hereby appoint my wife, ELIZABETH GEORGIA STEVENS, and my son, SCUDDER G. STEVENS, or the survivor of them, as Co-Executors of this my Last Will and Testament. I further direct that no fiduciary of mine shall be required to file a bond, notwithstanding any state law to the contrary. ARTICLE 7: Tax Matters: My Co-Executors shall have absolute discretion, but shall not be required, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Co-Executors believe have had the effect of preferring one beneficiary or group of beneficiaries over others. In determining the federal estate and income tax liabilities of my estate, my Co-Executors shall have discretion to select the valuation date Last Will a d Testament - JOHN P. STEVENS, JR. Page - Initials S:\active jectslStevens,John P and Elizabethlqtip.will.jps.wpd and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deductions, and shall have the discretion to file a joint income tax return with my spouse, and to consent to the splitting of gifts for gift tax purposes. ARTICLE 8: Powers of Fiduciarv: In addition to those powers granted by law, my Co-Executors are authorized, without the leave of any court and with regard to all property at any time held in my estate, and until distribution of such property is made: (a) To retain all property in the original form received; (b) To sell or exchange, to lease or give options for periods of time even longer than estate administration, or otherwise to dispose of any property, publicly or privately, for cash or credit or partly for each; (c) To invest in, or purchase, all forms of property (including, but not limited to, life insurance based investments such as "single premium annuities", shares of investment companies, and common funds and the securities and common trust funds of my corporate fiduciary, if any) without the duty to diversify, irrespective of the laws of investment, and at premium or discount prices; (d) To vote directly or by giving proxies (ministerial or discretionary) on any shares of stock, including shares of stock in its own bank or corporation, if any of the Co- Executors is a bank or corporation; (e) To join in any merger, consolidation, reorganization, voting trust plan, or other concerted action of stockholders, to do any act or thing necessary in connection therewith, including delegation of discretionary duties with respect thereto; (f) To litigate, submit to arbitration, compromise or settle any claim; (g) To hold property in the Co-Executors' own names, in the name of a nominee, or in bearer form; (h) To divide or distribute property in cash or in kind, or partly each; (i) To merge for investment purposes all property held in my estate; 0) To borrow money from anyone, including the Co-Executors, and to encumber, mortgage and pledge any property of the estate; (k) To make loans with adequate security; Last Will and Testament - JOHN P. STEVENS, JR. page_ Initials S:\active jectslStevens,John P and Elizabeth\qtip.will.jps.wpd (I) To make repairs or alterations on any real property; (m) To continue and operate any business owned by me at my death; (n) To employ and compensate agents, accountants, investment advisors, brokers, attorneys-at-law and other advisors deemed by my Co-Executors needful for the proper administration of my estate; and, (0) In general, to exercise all powers in the management of my estate which any individual could exercise in his own right, upon such terms and conditions as he may deem best, and to do all acts which he may deem necessary or proper to carry out the purposes of this my Will. ARTICLE 9: Definitions: A. "Child", "children", or "issue" includes natural and adopted children. Both a legally adopted person adopted, and a person in the process of being legally adopted, shall be treated as a natural child of the adopting parent. B. Whenever the word "Executor" or "Co-Executor", or any modifying pronoun, is used in this Will, such words shall be taken to include both the singular and the plural, the masculine, feminine and neuter gender, and shall apply equally to the Co-Executors named herein, and to any successor or substitute Executor. C. My spouse is ELIZABETH GEORGIA STEVENS. D. My sons are John P. Stevens, III, who is married to Reiko Haraguchi Stevens; Scudder G. Stevens, who is married to Mary Claire Stevens; and, Peter J. Stevens, who is presently unmarried. ARTICLE 10: Protective Provisions: A. Except as otherwise provided herein, all payments of principal and income payable, or to become payable, to any beneficiary of this my Will, and of any trust created hereunder, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any said beneficiary have the power to anticipate or encumber such interest, nor shall such interest, while in the possession of my Co-Executors, be liable for, or subject to, the debts, contracts, obligations, liabilities or torts of any beneficiary. B. Any beneficiary may, by an instrument in writing delivered to the Co-Executors, disclaim, in whole or in part, any interest that said beneficiary may have hereunder. Last Will and Testament - JOHN P. STEVENS, JR. Page ~ Initials S:\active jectslStevens,John P and Elizabelhlqtip.will.jps.wpd ~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this V day of April, 2007. ~{2 (JO P. ST~VENS. JR SIGNED, SEALED, PUBLISHED, AND DECLARED by the above Testator as and for his Last Will, in the presence of us, who thereupon at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses: Address: Mechanicsbura. Pennsvlvania Kennett S uare Penns Ivania Last Will and Testament - JOHN P. STEVENS, JR. page~6- Initials S:\aclive ects\Stevens,John P and Elizabeth\qtip.will.jps.wpd COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CHESTER We, JOHN P. STEVENS, JR., ELIZABETH G. STEVENS, and SCUDDER G. STEVENS, the Testator and the witnesses, respectively, whose names are signed to the 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 signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator and each other, signed the Will as witness, and that to the best of each witness's knowledge, the Testator was, at that time, eighteen years of age, or older, of sound mind and under no constraint or undue influ- ence. '( Il~ /-r:J~ ~ v, _ lJ~N P. STEVENS, JR., Testator Subscribed, sworn to, and acknowledged before me, by John P. Stevens, Jr., the Testator, and subscribed and sworn to before me by Elizabeth G. Stevens and Scudder G. Stevens, witnesses, this ~ P day of April, 2007. .J<:J,ilAj/~YL __ ~ Last Will and Testament - JOHN P. STEVENS, JR Page ~7 Initials S:\active slSlevens,John P and Elizabelhlqlip.will.jps.wpd RENUNCIATION (") Co ;'::::0 ~""~(") ::tJ r- .-- rn :? ~:o ..-:'::(f)?,: r:.J go C) -n 0<= , :::0 :0-4 ']:> r-..:> = = -...I c.... c:: :z: N REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYL VANIA ;ll-Ol- D5q~ :J:ll> :x 9 w -.l Estate of John P. Stevens, Jr. , Deceased I, Elizabeth Georgia Stevens (print Name) , in my capacity/relationship as of the above Decedent, hereby renounce the right to Co-Executor administer the Estate of the Decedent and respectfully request that Letters be issued to Scudder G. Stevens (Date) 2i4tM .~_fk~ Ignat 868 Oak Oval, Messiah Village (Street Address) Mechanicsburg, P A 17055 (City, State, Zip) Executed in Register's Office Sworn to or affiZJd and subscribed . ST before me this day of ~LLne... ,rJ..OOr . Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this . day of Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06