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HomeMy WebLinkAbout01-0720 In Re: Estate of Donna Stokes Bowen : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION No.21-01- 0120 ORDER rM AND NOW, this ( ':> day of August , 2001, upon consideration of the Petition of Joseph C. Bowen, it is hereby ordered and decreed that Petitioner shall receive the distribution of property of Donna Stokes Bowen, deceased, next of kin and surviving heir, subject, however, to deductions for any amounts found to be due the Commonwealth of Pennsylvania for inheritance tax purposes and payment to outstanding creditors. Petitioner is hereby authorized to receive, collect and distribute the property as herein set forth and to make any and all necessary assignments and transfers. By the Court: J. , 'j-, " / Estate of Donna Stokes Bowen IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-01- PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE FOR SETTLEMENT OF SMALL ESTATE TO THE HONORABLE JUDGES OF SAID COURT: Joseph C. Bowen, your Petitioner, filed this Petition for Settlement of a Small Estate under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code and in support thereof avers that: (1) Your Petitioner, Joseph C. Bowen, is a competent adult residing at 847 Lindsey Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, and is the widower of the above decedent. (2) Donna Stokes Bowen, spouse of the Petitioner died on May 12,2001, at the age of 54 years, but prior thereto lived and was domiciled at 847 Lindsey Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania. She died with a Will (a copy of which is attached hereto as exhibit "A") and no letters testamentary have been issued. (3) Donna Stokes Bowen had no probate estate when she died other than as follows: M&T Bank Fanners First Bank checking account #2670017041 choice 50 now checking #152709601 statement savings holiday club certificate of deposit $1,726.08 $3,283.81 $7,280.33 $700.00 $525.00 Total: $13,515.22 A copy of statements from the above named financial institutions showing values are attached hereto as exhibit B. (4) Joseph C. Bowen is the next of kin. ( 5) Your Petitioner avers that there are not creditors of the decedent and no claims unpaid known to your Petitioner. WHEREFORE, your Petitioner respectfully requests that an Order be made authorizing distribution of the sums in the above referenced accounts to Joseph C. wen pursuant to Section 3102 of the Probate, Estates and Fiduciaries Code. Hughes, Esquire McKNIGHT & HUGHES 60 Wi st Pomfret Street C isle, P A 17013 17) 249-2353 Supreme Court #58884 COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH C. BOWEN, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Notarial Seal JaQ!:jUIUnl L. Drawbaugh, Notary Public Carlll'l Boro, Cumberland Oounty M Oommllltori Explrtl Au , 141 aoos ~, PtnnIyMlnM AUOCiItton at NotIrlII LAST WILL AND TESTAMENT I, DONNA STOKES BOWEN, of South Middleton Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my -.f debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reas9lil .-- .... of my death and interest and penalties thereon with respect to all property composing of my gross ..., ..:!'f estate for death tax purposes, whether or not such property passes under this Will, shall be p"({id- by the Executor or Executrix of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromIse claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty andlor personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I hereby give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, JOSEPH C. BOWEN. In the event that my spouse, JOSEPH C. BOWEN, predeceases me or fails to survive me by a period of sixty (60) days I then hereby give, devise and bequeath all of my estate to my children, ERIN L. BOWEN and JENNIFER C. BOWEN, share and share alike, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. FOUR. . I hereby nominate and appoint.my spouse, JOSEPH C. BOWEN, to be the Executor of this my Last Will and Testament. If my spouse has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint ERIN L. BOWEN to serve as Executrix of this my Last Will and Testament. In the event that she is unable or unwilling to serve as Executrix for any reason whatsoever, then in her place I hereby appoigt "" JENNIFER C. BOWEN, to serve as Executrix of this my Last Will and Testament, whereby the ..... ..:!f said substitute Executrices shall have the same powers as the original Executrix hereunder. ~.~ --- FIVE. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. SIX. No Executrix, Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. SEVEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ay of March, 2001. 't J9- twv~ j +0 ~11 ~ (kwJJ DONNA STOKES BOWEN (SEAL) Signed, sealed, published and declared by the above-named person as and for a Last Will ~ and Testament, in our presence, who at said person's request, in said person's presence and in the :J ..... presence of each other have hereunto set our names as subscribing witnesses. ~a//)L Y::~ \.ddJ~_ ...~ /eo/i?e~ 3 ACKNOWLEDGMENT AND AFFIDAVIT WE, DONNA STOKES BOWEN, SHARON L. SCHWALM and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being fITst duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last Will.'and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testa1rix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. J ~ -, ~ ..... t J I I A --. 10 t)/X,.tUw J) --rctQ;v (9-Lv~~ DONNA STOKES BOWEN COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by DONNA STOKES BOWEN, the testatrix herein, and subscribed and swoE1_~e me by SHARON L. SCHWALM and CHERYL L. CLELAND, witnesses, thi~ay of March, 2001. Notanal Seal Betzi A. Morrison NotalY Public Carlisle Boro, Cumberiand County My Commission Expires Dec. 15, 2004 Member, Pennsylvania Association of Notaries 4 m1M&TBanJt ACCOUNT NO. ACCOUNT TYPE STATEHENT PERIOD PAGE 2670017041 H & T FIRST HAR.17-APR.16,2001 1 OF 1 00 o 04335" N" 017 26376 DONNA S BOWEN 847 LINDSEY RD CARLISLE PA 17013 NORTH MIDDLETON BEGINNING BALANCE 0.00 1,726.08 1,786.08 POSTING . DEPOSITS, INTEREST CHECI<S.&.OTHER DAILY DATE TRAMSACTION.DESCRIPTION & OTHER ADDITIONS SUBTRACTIONS BALANCE ...., ...:! - 03-17-01 BEGINNING BALANCE $t1786.08 03-27-01 HOMES.COM 800-889-37 59.00 1,727.08 04-16-01 FEE FOR CHECK RETURN OPTION 1.00 1,726.08 ENDING BALANCE $1,726.08 ACCOUNT ACTIVITY oJ 1< NOW"S THE TIME TO BUY A HOME WITH M&T"S MORTGAGE PRE-APPROVAL PROGRAM. M&T'S PRE-APPROVAL PROGRAM WILL ALLOW YOU TO SHOP WITH THE CONFIDENCE OF A CASH BUYER. AND YOU HAY EVEN BE ABLE TO OWN A HOME FOR WHAT YOU"RE CURRENTLY PAYING IN RENT. PLUS, WITH M&T, YOU WON"T NEED A LOT OF CASH EITHER. IT"S ALSO A GREAT TIME FOR EXISTING HOMEOWNERS TO USE THE EQUITY IN THEIR HOME TO CONSOLIDATE DEBT, FINANCE HOME IMPROVEMENTS OR PAY FOR UPCOMING EXPENSES LIKE A CHILD"S EDUCATION OR WEDDING. CALL M&T HORTGAGE TODAY. "&T IS AN EQUAL HOUSING LENDER. LOOSA (12/93} FARMERS FIRST OO&llillTI A SUSQUEHANNA BANe Member FDIC Date 5/17/01 Primary Acct # Tax ID Enclosures Page 1 1'52709601 240-78-0871 4 Donna Bowen 847 Lindsey Road Carlisle PA 17013 Purchasing a home? Refinancing? It's never been easier! Apply today and save $100 on the application fee! Call Phyllis Marple at (717) 626-4721, ex~_. 6362 for more information. :.CCOUNT NUMBER 152709601 152709620 152709625 152709630 >>>> SUM MAR Y 0 F A C C 0 U N T TYPE OF ACCOUNT ENDING CHOICE 50 NOW CHECKING STATEMENT SAVINGS - PERSONAL HOLIDAY CLUB - AUTO PAYMENT 18 - 23 MONTH CD S <<<< BALANCE 3,283.81 7,280.33 700.00 525.00 ~>>>>>>>>>>>>>>>>>>> CHECKING Ace 0 U N T S J <<<<<<<<<<<<<<<<<<<< ~CCOUNT TITLE: Donna Bowen ~OICE 50 NOW CHECKING ~ccoun t Number :>revious Balance 1 Deposits/Credits 6 Checks/Debits 3ervice Charge :nterest Paid ~nding Balance 152709601 4,089.11 256.70 1,064.37 .00 2.37 3,283.81 Number of Enclosures Statement Dates 4/19/01 thru Days in Statement Period Average Ledger Average Collected Interest Earned Annual Percentage Yield Earned 2001 Interest Paid 4 5/17/01 29 3,505.08 3,505.08 2.37 0.85% 16.55 DEPOSITS AND CREDITS late 4/20 5/17 Descriotion PAYROLL LITITZ MUTUAL PPD Interest Deposit Amount 256.70 Reference 013184893 2.37 WITHDRAWALS AND DEBITS ate 1/20 5/04 Descriotion Transfer to Club ACCOUNT NUMBER 152709625 Transfer to Club ACCOUNT NUMBER 152709625 Amount 50.00 Reference 070000348 50.00 070000344 co 9 t::- o .n <0 I'- <D co o 6 o FARMERS FIRST rn&oom A SVSQUEHANNA BANe M.m~ FDIC Donna Bowen 847 Lindsey Road Carlisle PA 17013 HOICE 50 NOW CHECKING ate Check No 4/19 2640 4/23 2653* Indicates Skip in SUMMARY Amount Reference 18.00 030700450 694.37 024602090 Check Numbers Date 5/17/01 Primary Acct # Tax ID Enclosures Page 2 152709601 240-78-0871 4 152709601 (Continued) BY CHECK NUMBER Date Check No 5/09 2654 4/24 2655 Amount Reference 127.00 021900490 125.00 030501510 SUMMARY OF DAILY BALANCES late Balance Date Balance Date Balance 4/19 4,071.11 4/24 ~,458.44 5/17 3,283.81 4/20 4,277.81 5/04 3,408.44 :./ 4/23 3,583.44 5/09 3,281.44 :******************************************************************~**********~ ->>>>>>>>>>>>>>>>>>>> S A V I N G S \CCOUNT TITLE: Donna Bowen ~TATEMENT SAVINGS - PERSONAL ~ccount Number )revious Balance Deposits/Credits Withdrawals :ervice Charge :nterest Paid :nding Balance 152709620 7,272.08 .00 .00 .00 8.25 7,280.33 ACCOUNTS <<<<<<<<<<<<<<<<<<<<< 5/17/01 29 7,272.08 7,272.08 8.25 1.44% 44.28 Statement Dates 4/19/01 thru Days in Statement Period Average Ledger Average Collected Interest Earned Annual Percentage Yield Earned 2001 Interest Paid ate Descriotion 5/17 Interest Deposit DETAIL TRANSACTIONS BY DATE Reference Amount 8.25 Balance 7,280.33 ****************************************************************************** >>>>>>>>>>>>> C E R T I FIe ATE S :COUNT TITLE: Donna Bowen 3 - 23 MONTH CD :::count Number 152709630 o F D E P 0 SIT <<<<<<<<<<<<<< Balance 525.00 Interest Rate 4.9400% Maturitv 10/20/01 2001 Interest 12.62 8 ... ~ <D t~ r-.:, C C IFARMERS I FIRST 00&00[Ki A SUSQUEHANNA BANe Member FDIC Date 5/17/01 Primary Acct # Tax ID Enclosures Page 3 152709601 240-78-0871 4 Donna Bowen 847 Lindsey Road Carlisle PA 17013 - 23 MONTH CD 152709601 (Continued) 1 case of error or questions concerning your transactions or electronic ~ansfers, contact: FARMERS FIRST BANK, 9 E. ~ain Street, P.o. Box 1000, ltitz, PA 17543 OR you may telephone us at- "'(800)311-3182. ~ 0- ~ o '"' en r-- ~ o a