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Home My WebLink About11-08-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of Daniel B. Stoke also known as F11e Nmnber ?/ -07-1 ()/4 , . Deceased Social Security Nmnber 174-46-6646 Petitioner(s). who islare 18 years ofage or older. appIy(ies) for: (COMPLETE ~, or 'B' BEWW:) Ii] A. p~ .nd Gnnt of Letten Tata.CIltary and aver that Petitioner(s) is I are the Executrix last Will ofthl! Decedent dated October 16,1J'J07 and codicil(s) dated named in the fSk* relnanl ~ e.g.. rennrWiOfl, deotIr cJ t!1U!CIIIor. etc.) Except as fullows. Decedent did not marry, was not divorced, and did not have a child born or adopted after exeattion of the instroment(s) offered for probate. was not the victim of a k:illing and was never lMljudicated an incapacitaWd person: o B. Gnat ofLetten of AdlDilliIItntion (If t1f/PIit;t:Ib1e. eIIIer: c.La.; d.1ULC.La.; peIIdm/e 1iIe; dwante absetriio; t:Iwt.ne minoriIoIe) r'....J Petitioner(s) after a proper search has I have lI!Klertained that Decedent left 00 Will and was survived by the follo~ (if ~ heirs: (1f, Administration, C.ta. or d.b.n.c.ta.. elller date ofWiH in SecIion A above and C01IIpIete list ofhein.) ".:: =0 z '.") -"TI 0 . '-r Name Relationshi ---I (COMPLETE IN ALL CASES:) Att<<6I1111t1itiDtu11dND iflU!UUlll'y. C) W Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal resideooe at 19 Harmonv Hall Road. Carlisle. Middlesex TDWIIlIhin, Cumberland Countv. P A 17013 (List street address. townIcity. township. county. state, zip code) Decedent, then 53 years of age, died on October 29, 2007 at 19 HannonyHall Road. Carlisle, PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania situated as follows: All that certain tJact ofland situate in Middlesex Township, Cumberland County, Pennsylvania $ $ $ $ 42,400.00 50,000.00 Wherefore, Petitioner(s) respectfully requesl(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: l' April N. Bower, 4977 Waggoners Gap Road, Landisbmg, PA 17040 FOIWIRW..fJ2 rev. JO./3.06 Page I of2 Hl05.112 REV. 1/05 (FEE FOR THIS CERtiFICATE $6.00) WARNING: IT IS ILLEGAL TO ALTER THIS COpy OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COMMONWE.AL TH OF PENNSYLVANIA PItPARTMENT OF HEALTH VITALRE90RDS lOCAL REGISTRAR'S CERTIFICATION OF DEATH ;J/ "07- IOILj Daniel B. Stoke Rrst Middttr. Last Social Security No. 1.7 44 6 - 6646 Ma,y 24, ..... :1,954 . 13irthplace [)ateofDeath Oc to Qer 29..~.. ... ...2007 Residence PA Cumberland FacHity Name County Middlesex'1'wp.. Race .. . .. . ..... OCCUpatiohG:tp$~Hatidle:r ..J)ecedenfs .... .. Marital Status Never Marr1eCMailing Addr~ss 19 Harmony HallR-oad NurJ1b~r $tree~ Pny Ilis A~ReqF{s9Ille Funeral Qirector City" ,BOf()tJQh or Township PennsYlvania State ArmedForces? (Yes or No) Yes Carlisle PA Informant Name and Address of Funeral Establishment Nickel FuperaJ.HQme, P.o. aox 91P,Lqysy.i;11e, PA 17047 James F. Immediate Cause I I I I C) I (~ ...1, .T!.~~ . ~_J~:.' :-..-: . - ~~~~~.:'" ~_ _...A . Interval Between On~tandDeath t:Zi" ,. . C;:) -...l (a) Hal1ging (b) _'t':" (=' . <<',1:... I C) "''"; (C) ;c'fi; ".'J..; (d) Other...Si9I'lificCintCon(jilioI'lS 'f? Homicide Pending InveStigation Could not be.Determined CI o o Describe how injury occurred: Int~nti()11.alHanging 637 Saaseh9re ~()a~'.sui te # L,Mechariiq:sbUrg, Coroner ... (M. D. ,O.o.,G.oron~r, M.E.) PA 17050< ..... ...... ..... ... This is tpcerlifythat theihtoqnation her~ given is Gorrectfy copied from an originalcerlificate /of deathdQly.. filed With me (J.siLocal Registrar-The originalc~rtificatewilJbe forwardedto>the State Vital Records Office for permanent filin~g. .. . ~'~A' /). If1 -~~ ~ ~1't<:A-/ 50-455 ~Rttgtstrar Of Vft8F:Records. oistricdllri.. 101 Barnett St.i<N~waloomf ield,PA.)lTO 68 Oated=teceived by Local Registrar Stre$t' Address City, Borough, TownShip LAST WILL AND TESTAMENT " -:1'1 OF DANIEL B. STOKE I, DANIEL B. STOKE, of 19 Harmony Hall Drive, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. I direct my Executor to pay all inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any property hereunder may be subject, and to charge such taxes as part of the expenses of the administration of my estate, being deducted and paid from the residue of my estate and not to be deducted in any manner from any specific bequests made herein. However, my Executor need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my ExecutorlExecutrix, in his, her or its sole discretion, to purchase a 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attomeys At Law Page 10f? 100 Lincoln Way East, Suite D Chambersburg, PA 17201 , : I ("; ," ~-Q C""::' ~ burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. SECOND I give, devise and bequeath my entire estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my siblings, KERRY LEE STOKE, of Loysville, Pennsylvania, MICHAEL ELWOOD STOKE, of Duncannon, Pennsylvania, APRIL N. BOWER, of Landisburg, Pennsylvania, and PHYLLIS ROBYNN, of Elliottsburg, Pennsylvania, provided they survive me by sixty (60) days, per capita. I direct my ExecutorlExecutrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a. separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my ExecutorlExecutrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. THIRD I grant my ExecutorlExecutrix the following powers in addition to and not in limitation of such powers as my: ExecutorlExecutrix shall hold by law: GRIFFIE & ASSOCIATES Attorneys At Law Page 20f7 200 N. Hanover Street Carlisle, PA 17013 100 Lincoln Way East, Suite D Chambersburg, PA 17201 E ~ (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my ExecutorlExecutrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (t) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my ExecutorlExecutrix shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. GRIFFIE & ASSOCIATES Attorneys At Law Page 3 of? 100 Lincoln Way East, Suite D Chambersburg, PA 17201 200 N. Hanover Street Carlisle, PA 17013 (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. G) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. FOURTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my ExecutorlExecutrix for the liability of such beneficiary . 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 4 of7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 FIFTH I nominate, constitute and appoint my sister, APRIL N. BOWER, as Executrix of this my Last Will and Testament. In the event my sister is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my brother, KERRY LEE STOKE, as Executor of this my Last Will and Testament. I direct that my ExecutorlExecutrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. SIXTH I hereby declare it to be my expressed desire that my ExecutorlExecutrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of seven (7) typewritten pages, the first four (4) of which bear my signature on the side margin, for purpose of identification, this )/4 t6 . day of t), k~ , 2007. WITNESS: D~ B.~~J DANIEL B. STOKE ~j7 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 5 of7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: :SS. COUNTY OF CUMBERIAND I, DANIEL B. STOKE, the 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. [)~ 13,. ~J DANIEL B. STOKE Sworn or affirmed and acknowledged before me by the Testator this J t; ~ day of ((}fhk , 2007. t7,L j ~;JH1Pj- NOWIW. 11M IOIIN J. MIIm Notary "'-' , ,. "'~lJ..u.~rr-l"_ '''~'Ul 11[1.....17. IOU 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 6 of7 100 Lincoln Way East, Suite D Chllmbersburg, PA 17201 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: :SS. COUNTY OF CUMBERlAND WE, ~ ). P.I"J the witnesses whose names are attached to the foregoing document, being duly qualified and ~~ L-. G-l€i<.. according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed and subscribed and~~7J L. &Jie this luth y~ /., P4- day of tJ~ ,2007. ?~~~J3d.J Notary Publica .,. kIW .. _J. .-n IIoIary f\Mc IDIClnl"~R1 I. ~ .~_ ...1110........,. 17.1111 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attomeys At Law Page 7 of7 100 Lincoln Way East, Suite D Chambersburg, PA 17201