HomeMy WebLinkAbout09-30-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Florence G. Diven ~ ~~
File Number 21-08-
also known as
Patricia Jean (nee Myers) Eckman ,Deceased Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or `B' BELOW.•)
Q A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the
last Will of the Decedent, dated named in the
09/29/1994 and codicil(s) dated 07/25/1996
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 bom 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:
°~.9
•--y
^ B. Grant of Letters of Administration
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aPP+ca e, en er c..a.; ..n.c..a_; pe en a e; uran e a sen ra; uran a mrno a e I
Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse., (if at>~j and ~rS(If '
Administration, c.t.a. or d.b.n.c.t.a., enter date of WlI in Section A above and complete list of heirs.)
:~_ ~~ - _
Decedent, then $g years of age, died on 09/07/2008 at Carlisle, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
~0 Unknown
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 #o
the undersigned:
.~
Form hZW-02 Rev. 10.
Jean (nee Myers) Eckman 1 Tioga Lane
Carlisle, PA 17013
Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2
______ -__............,....,w .. uc~cooary
Decedent was domiciled at death in Cumber Pennsylvania with his /her last principal residence at
Sarah A. Todd Memorial Home, Carlisle, Cumberland, PA 17013
(List street address, towNcity, township, county, state, zip code)
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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
1~
Sworn to or affirmed anscribed Signature of Personal Repre fative Patricia Jean (nee Myers) Eckman
before me this ~ day of
„ -~(f\~ Signature of Personal Representative
Signature of Personal Representative
or Register
na
C) ~=°'
~, ~ `~
-_r~ cn -
File Number: 21-08- t. ;-, ~
;;
Deceased , -~ ~~
Estate of Florence G. Diven ~ -;.~ ~Y -
a: c~
~~
Date of Death: 09/07/2008 -~
Social Security N tuber:
~~ h ~ _~ /~~)/)~ , in consideration of the foregoing Petition, satisfact~proof
AND NOW,
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Patricia Jean nee M ers Eckman in the above estate
and that the instrument(s) dated 09/2911994 07125/1996
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES s)j ~
Letters .......................................... $ ~,
U~
Short Certificate(s) ........................ $ ,
RanlinciatlOnlS) ............................. $ ~~. (X~
$ /s. U,
$ ~GG
$ ~ ~, w
$ ~ tx~
$
$
$
Att
Supreme Court I.D. No.: 15893
Schrack & Linsenbach Law Offices
Address: 124 W. Harrisburg Street
P.O. Box 310
Dillsburg, PA 17019-0310
Telephone:
$ E-Mail:
TOTAL .................................. ~.
717-432-9733
Schracklaw@comcast.net
Page 2 of 2
Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
Attorney Name: Wm. D. Schrack III
LOCAL REGISTRAR'S CERTIFICATION OF DEATH ~~ y ~lS
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. x,6.00
Certification Nwnber
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 ba foiwarde~d G~ the State Vital
Records Office for permanent filing.
SE:~ 0 ~ ~~ ~
1, ra Date Issued
I "'°Sfu REV nQee COMMONWEALTH OF PENNSYlVAM1A • DE'.PARTIf1EgT OF NEALTM • YRAL RECOPD6c• c
n~£! fMtlNf r
E~ rt CERTIFICATE OF DEATii
ISee inf^tnrClfont and aasmpfes on nre^x)
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OF
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FLORENCE G. DIVEN `~-' ~'
17 ~7
I, FLORENCE G. DIVEN, domiciled and resident in the Bergh bf
Dillsburg, York County, Pennsylvania, fully aware off; the
:~
significance of my acts and intending to dispose of m~`_~ent~e
Estate, declare this to be my Will. I revoke all Wills previou~y
made by me.
FIRST: I direct that all funeral expenses, expenses connected
with my last illness, or other expenses connected with the
administration of my Estate, be paid from the assets of my Estate
as soon as after my death as can be done conveniently.
SECOND: I direct that there shall be paid from my Estate all
inheritance, succession, transfer and State taxes (both State and
Federal) or like taxes, that may be assessed or levied against my
Estate on property passing by reason of the legacies and devises
herein made, or which may be in any way or for any reason
enforceable against or collectible from my Estate, shall be paid
not by the respective legatees, devisees, recipients or
beneficiaries, but by my Executrix out of my residuary Estate
without prorating, and should any tax be not due or assessable at
the time of my death, I give my Executrix discretionary power and
authority to compromise such future tax with the proper.
governmental officer or authority and to pay the amount so fixed
and determined.
THIRD: I give, devise and bequeath all of my Estate, all.
articles of personal and real property, of every kind and
description and wheresoever situated, in three equal shares. One
share I give, devise and bequeath to my son, David Lee Diven; one
share I give, devise and bequeath to my daughter, Patricia Jean
Myers; and one share I give, devise and bequeath equally divided
among my three grandchildren, Deborah Clark, Daniel Myers, and Eric
Diven. In the event that any of my children are not alive at the
time of my death, that child's share or bequest shall not lapse,
but their issue, then surviving, shall take the share or bequest of
their deceased parent, per stirpes.
FOURTH: If pursuant to the provisions of this Will, all or any
part of my Estate would vest in my grandson, Eric Diven, at such
time that he is less than twenty-two years of age, I nominate and
appoint his father, David Lee Diven, as the Trustee of the Estate
with respect to all or any property passing to or vesting in my
grandson, Eric Diven. I direct that the Trustee shall place my
grandson's Estate into a Certificate of Deposit or other guaranteed
investment in an institution which is insured through the Federal
Deposit Insurance Corporation. The Trustee shall accumulate
principal and income until Eric reaches the age of twenty-two, at
which time the Trust shall terminate and the Trustee shall
distribute all accumulated principal and income to my grandson.
However, should my grandson attend a college or other program of
instruction resulting in a bachelor's degree or other degree
equivalent to a four year course of study, I authorize my Trustee
to use the principal and income of the Trust for Eric's eduction,
tuition, room and board, school supplies, and support stipend,
... ~`~
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during the time he is so enrolled, and before he turns twenty-two
years of age.
FIFTH: I nominate and appoint my daughter, Patricia Jean Myers,
as Executrix of this, my Will. In the event that she is unable or
unwilling to serve as Executrix, I appoint my son, David Lee Diven,
as Executor of this, my Will. I have not named my son, David, as
a Co-Executor of this Will, not out of any love or affection for
him, but because at the time this Will is written, my son, David,
lives out of state, and I believe it would be cumbersome or
difficult for him to participate in the administration of my
Estate. I direct that my Executrix, or her successor, shall not be
required to give bond. If, notwithstanding this direction, any
bond is required by law, either by statute or by ruling of court,
I direct no security be required thereon.
SIXTH: By way of illustration and not by way of limitation, my
Executrix and my Trustee, or their successors, shall have the
following powers in addition to those vested in them by law or by
other provisions of my Will; such powers shall be applicable to all
property, whether principal or income, exercisable without court
approval, and effective until actual distribution of all property:
(1) To retain, invest and reinvest in all forms of real
and personal property, without being limiting to what are known as
"legal investments," or to the investments to which Executrixes are
confined by statutes;
(2) To sell or exchange and to give options for sales or•
exchanges or otherwise dispose of real or personal property, for
any purpose, at public or private sale for case or credit;
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(3) To renew notes or debts of mine and to borrow money
for any purpose for any person or persons, to execute promissory
notes or other obligations for amounts so borrowed, and to secure
the payment of any real or personal property;
(4) To compromise or settle claims by or against my
Estate without obtaining the consent of any beneficiary;
(5 ) To make distribution in cash or in kind, except as to
properties specifically devised or bequeathed;
(6) To pay directly any payment to which the beneficiary
shall be entitled hereunder for the maintenance and welfare of such
beneficiary, should such beneficiary, by reason of illness or any
other cause in the opinion of my Executrix be incapable of
disbursing it.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
~ ~;
this my Last Will and Testament this ~ .`%~ day of _=`~ %%r_f~z~-'
~, ~
1994
I . r--
~~, ~r,~
Florence G. Diven
SIGNED, SEALED, PUBLISHED AND DECLARED by Florence G. Diven,
above named Testatrix, as and for her Last Will and Testament, in
the presence of us, who, in her presence and in the presence of
each other, have hereunto subscribed our names as witnesses.
]. l
6',~~
-~4
CODICIL OF FLORENCE G. DIVEN
C~~- ~ '~ S
I, FLORENCE G. DIVEN, domiciled and resident in the Borough of
Dillsburg, York County, Pennsylvania, fully aware of the
significance of my acts and intending to dispose of my entire
Estate, declares this to be the First Codicil to the Last Will and
Testament executed by me on September 29, 1994, in the presence of
Patricia Jean Myers and Victor A. Neubaum, Esquire.
FIRST: I revoke the provisions of Paragraph Fifth of my
~...~
Will, and substitute therein the following language: c->
. ,_~
FIFTH: I nominate and appoint my children, Pat~~~~a !
Jean Myers and David Lee Diven, as Executors of this;'iny ry.a
Will. I direct that my Executors shall not be requ;-r~d °
to give bond. If, notwithstanding this directions;=zany „~
bond is required by law, either by statute or by rung ="~
of court, I direct that no security be required thereon. C?
SECOND: In all other respects I ratify and confirm ally of
the provisions of my Will dated September 29, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
this, the First Codicil to the Last Will and Testament this.~.s~
day of , 1996.
Florence G. Diven
SIGNED, SEALED, PUBLISHED AND DECLARED by Florence G. Diven,
the above-named Testatrix, as and for her First Codicil to her Last
Will and Testament dated September 29, 1994, in the presence of us,
who, in her presence and in the presence of each other, have
hereunto subscribed our names as witnesses.
-, ; --
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OATH OF SUBSCRIBING WITNESS(ES) `~ '
x:~ - _.
4:..__ -era -
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REGISTER OF WILLS i`•' ~ _~
r' _ ~ -T--~-- COUNTY, PENNSYLVANIA ~
Estate of ,~~ d 2 `T tic y L s' ,. ~~ !/~.~ti ,Deceased
~~i?~ ~~ a: ~ ~ ~ ~h-r ~ N , (each) a subscribing witness to
(Print Narne/s)
the B'1%ill ~-~Eodicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of each other.
(Signature)
(Street- Addres
(City, State, Zip)
Executed :>~ Register's Cifice
Sworn to car affirmed and subscribed
before r e this ~~~~ day
of + , tX~~
Deputy/fo ~eg+Ister of Wills
~ LJ
(Signature)
(Street Address)
(City, State, Zip)
Executed oast of Register's Office
Sworn to or affirmed and subscribed
before me 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 Commiss:ion.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. (0.13.06
~~-(~~5
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS OF CUMBERLAND- COUNTY, PENNSYLVANIA
Estate of Florence G. Diven
Victor A. Neubaum
Deceased
a subscribing witness to
(Print Names)
the ®Will ~ Codicil(s) presented herewith, (i being duly qualified according to law, depose(s) and
say(s) that s?~ / he / was / present and saw the above ~ Testatrix sign the same
and that use / he / signed the same and that / he / ~ signed as a witness at the request of
the emu' /Testatrix in tit her presence.
„t .
(Signature) Victor A. Neu aum
42 South Duke Street
(Street Address)
York, PA 17401
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of.
Deputy for Register of Wills
(Signature)
(Street Address)
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed anfl subscribed
before me thi~ ~5-~/J day
of a tember 2008.
Notary Public
My Commission Expires:
(Signature and seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notarys commission.)
Cs7MMONWEALTH OF PENNSYLVANIA
NOTARIAL ScAL
PAULINE E. GIMA, Notary Public
City of York, York Coul;ty
My Commission Expires February 2, 20?0
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-O$ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
Register of Wills of t~1VBEERLAND County, Pennsylvania
~~NV~vciA-rioN
Estate of FI~ORINCE G. DIVEN No. O~ _ ~ `~ ~ _
aLao known as
,Deceased
Tho undersigned, LIAVID LEE DIVEiV. Son of and named Executor d
(Relationship) (Capacity)
ttte alx~ve pecedent, heretsy renounce(s) the right bo administer the estate and respectfully request(s) that
Letters bo issued to Patricia Jean Eclunan (nee 1Vlyers)
WITNESS my hand this day of September ,fig 2008
V' ~ ~`
David Lee Diven (Signature)
2259 Belfield Avenue
Cleveland:')13~ights, Ohio 44106
(Address)
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Swcm to or affirmed and sut~.scribed
bsfaro rno this day
s~f _~.tember _, 2008
{' U`o~
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Notary blic V
My Commissi n Exp' as:
(Sgnaturs and c al of No or o4h~r of1SeW
qualified m adminisw oaLha. Sho~r dace d
axpiruion or Netary'a trxrmis~on.)
(Address)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Janet S. Gore, Notary Public
pilisbur9 Bore, York County
My Commission Expires Od 25, 2010
Member, Pennsylvania Association of Notaries
NOTE: P.enunciations executed outside the tOfiice of Register d Wills
In some counties are required to be notarized.
Four; #fiW-~
prepared by tn• Pannsyfvania liar Auodatlon teat