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Home My WebLink About03-12-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Elaine Scholten Stephan also known as COUNTY, PENNSYLVANIA Deceased Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) File Number ~' ~ / V l V t~ `/'~ Social Security Number 140-14-1048 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Taylor P. Andrews, Esq named in the last Will of the Decedent dated April 18, 2005 and codicil(s) dated ~ r ..~ (State relevant circumstances, e.g., renunciation, death of executor, etc.). ~ ^^y~yj,~,~+,, %~ ~r ~?1`y ...~ r i~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution o men (~s offer~ri~ ~.--~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: '~ C7 ~ "n ,~ rri B. Grant of Letters of Administration ~ ~ ~ 3 ~ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durante absentia; duran minorttate) Petitioner(s) after a proper seazch 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.) (COMPLETE WALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 61 Suruce Circie, Newville. PA 17241 (List street address, town/city, township, county, state, zip code) Decedent, then 86 years of age, died on February 28, 2010 at Green Ridge Village Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 25,000.00 (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: Form RW-02 rev. 10.13.06 Page 1 of 2 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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. Swom to or affirmejd and subscribed before me the f ~ day of ~I n F e Register Signature of Personal Representative ....~ ~.~ v ~ ~ .r. (~S"S -~-{ b ~ ;.•~ ~~ File Number: 1 '~~ ~ ~~ Estate of Elaine Scholten Stephan Deceased Social Security Number: 140-14-1048 Date of Death: February 28, 2010 AND NOW, ~ ~~ . ~~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary aze hereby granted to Taylor P. Andrews, Esq in the above estate and that the instrument(s) dated April 18, 2005 described in the Petition be admitted to probate and filed of recclyd~s the last Will (and Codicil(s)) of Dec~iept FEES Letters ............... $ Short Certificate(s) ........ $ Renunciation(s) .......... $ ... $ ... $ .. $ $ ... $ ... $ ... $ ... ... $ ... $ TOTAL .............. $ 'gg'_ Register Attorney Signature: Attorney Name: Taylor P. Andrews, Supreme Court I.D. No.: 15641 Address: 78 West Pomfret Street Cazlisle, PA 17013 Telephone: 717-243-0123 Form RW-02 rev. 10.13.06 Page 2 of 2 5 0 ,o a~ ~~-vat 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 1.6354624. Certifir_ation Number Y xteo-tu Itsv nrmoe rYFE / I~N9rt wt FEw~uL>ENr sacPC eat ail fl This is to certify that the information here given correctly copied from an original Certificate of Deat duly filed with me as Local Registrar. The origi certificate will be forwarded to the State Vit Records Office for permanent filing. L~ve. ~ ~c`h~~xzx~~- Mp~ 2/101.0_ Local Registrar Date Issued p Z ~~~ O ~r ; ,. `~ 3s ~ ? '~ ~ ~ r L... N ~~ ~% r-~ t~ ~ ;_ , O~ ~ ,._ ~p ~ F is •'] ~.1 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS CERTIFICATE OF DEATH (See Instructions and etcamples on revere) M„c ~, t. Nrr d Ceceean (For, mdse, rr, eaAiQ x Sr s. suer 9.o.nr aura ~~ a oeeh 1~. ~, Yrrl Elaine S Stephan Female 140 _ 14 1048 s. Ape M1rt emery) Unda 1 under 1 e. Dre a nMn 7. eoe rw a ee. Prr a ogee (shat ar 86 "'°"' °i" "°" '"""' June 25, 1923 Lawyersville NY "°'P""' on~« YB ^ terra ^ en / aayewrd ^ oa wry xar ^ Fl.rtlaw ^ opa - ssearr m. cwy a orn ea Cp, Herr ea Fealy Nrw M ~ ~~ tNe war rr nunOaQ 9. Woe Daatlra d wyerx Oepb7 ~ No ^ yr to Row: ~n.rirn rein. err. YseM re Cumberland West Pennsboro ~~ ~~ hite 11. oeoedaa'e Ueur arwineene moetd R. oonotatre 12 9/r oaaeaa h fe. DewdMe's (spe[#y only Nplwl pees oonprrd) 1/. Mr9tl 8wea Mmded, itrr Marro, 15. &.MrYy &eawa (n wre, pM nNbn rww) Iar a Wok tama eurwe/Irrry U.S. AnrMd Fawe7 ~^bpyY l Y (a't2) CdNpa (N a Sr) Whored oleaaad (SPbY) CIA Governmen ^ r« ®No 12 4 w w tflowearat~ne~(~•tatr/taw,rre,apceal 61 Spruce Circle oreeatra PA °"Dentlr" West Pennsboro AcnW Raerenw 17a. SrOe Lha r e 17C Yw, Dacetlre Uwd h 7 Newville PA 17241 ~, Cumberland r°""1°0~ ,7d^No,MndaaRwa wthh t7n.caa,ty ,w,r~a atyleoro Ifl FatltMe Neste (Rr. sidle, rel, adlhl) George B Scholten 19. Me1Mfe Now (Fret eeeatinrereu~l Adriana Otte me. 9aonrire'a Nnr (type / RMq 290. Mamrfe MatYp Amaee (&r4 rN / brS rre~ dP e^ee) Paul B. Stephan 1807 Rugby Piace Charlottesville VA 22903 Pts.MAndddepoern r OmN1on ^Day~ ^ P19.oebddyrllaitMadh,dry,taer) 21aFtwdorporbn(lbrwarrnwy.aanroryaatMprr) PfdLOrYon /ben,rs, eotlq Mt Do ~ ~ ~~+ ~~+ ~~~ ~ March 2, 2010 Hollinger Crematory . lly p rings ~ r.^ ~ PA 17065 t3. apnypr Saab tdrwela paaataatlyweahl 22a tbrw rinta PPa Name ntlAederaFidYy Egger Funeral Home Inc fa,l ~ FD 13895 L 15 Bi S rin Ave Newville PA •17241 Oorrprr MrPSee a9jMwi Ya. To nerramrreabtge,are tltheenb,dre rrplew eterd lSiprer eMtee) Ptlr tkars wroa x3e. Dre Siptetl (Marro eN~YeM pyraen r na ttwMte r arr a b e ae n aer y aare r . ~~ ~.._. ~D'Cl IYnr 2e-PS ran a anrglre0 br Daen Z!. 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L a l I I dl - I C~ I 3& ore qed (Mas4 eq. yea) . orpoern Fntr NO.`.. 0~33~,` ~ ~ ; S'-('~/'~" ~r ~ . LAST WILL AND TESTAMENT OF ELAINE SCHOLTEN STEPHAN I, ELAINE SCHOLTEN STEPHAN, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may de done. Further, I direct that my body be cremated and that my ashes be disposed of as my personal representative shall deem appropriate. SECOND I bequeath my tangible personal property (not including cash or securities), together with any existing insurance thereon, as set forth in a separate memorandum that I shall place with my Will to the persons therein designated. If I shall leave no separate memorandum, or with regard to my other tangible personal property (not including cash or securities) not referenced by such memorandum, I bequeath such property to my children, JANET STEPHAN HARMON and PAUL BROOKE STEPHAN III, to be divided among them by my Executor with due regard for his and her personal preferences in as nearly equal shares as practical. ~ ~ Q~ n~~ 0~ ~~ a N 4 ~~:~ ~ <<;= ~, ~ -; '; -: ~ =_.1 ~ ' t'.? ~~ _ i""i"} .~` "-'~ C THIRD I give, devise and bequeath my estate as follows: A. The sum of Twenty Thousand ($20,000.00) Dollars to HOPE COLLEGE, Holland Michigan. B. The rest, residue and remainder of my estate shall be divided as follows: (1) One-sixth (1 /6) to JANET STEPHAN HARMON. If she fails to survive me, this sum shall be added to the share held in Trust for the benefit of her children. (2) One-third (1/3) to the STEPHAN CHILDREN Trust, WILLIS SPAULDING, Executive Trustee (EIN 54-6316024) to be administered pursuant to the terms and conditions of said Trust. ~/ (~ One-sixth (1/6) to the ADRIANA DEBOLT STEPHAN Trust, WILLIS SPAULDING, Executive Trustee (EIN 54-6349402) to be administered pursuant to the terms and conditions of said Trust. (~ The remaining one-half (1/3) share of my estate, I give, devise and bequeath unto my daughter, JANET STEPHAN HARMON, as Trustee, to hold and share in Trust for the benefit of her children, upon the following terms and conditions: a. The funds received under this will for the children of JANET STEPHAN HARMON shall be divided into as many equal trusts as there are children of JANET STEPHAN HARMON surviving at my death, and ~~\~ JANET STEPHAN HARMON shall administer each Trust se aratel in P Y accordance with the following instructions: b. To hold, manage, invest and reinvest the principal so received, and accumulation of income thereon, and to use, pay and apply the income and principal or so much thereof as in Trustee's sole discretion may be necessary for the medical expenses and post-high school education of each beneficiary. The education expenses shall be limited to the actual cost of tuition, books, and room and board outside the home of JANET STEPHAN HARMON. c. The payments authorized by this Trust may be, in the sole opinion of the Trustee, made directly to the beneficiary or to any institution entitled to such payment by reason of services rendered or to be rendered to any of said beneficiary. d. All payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of the beneficiary, and shall not be subject to any execution or attachment. e. All principal and accumulated income, not so applied, shall be distributed as follows: (1) When each beneficiary attains the age of thirty (30) years the remaining principal and accumulated interest shall be distributed to the beneficiary. ~ (2) If the beneficiary of this Trust shall not survive to \~ receive final distribution, the Trust shall be distributed to the issue of the beneficiary, and in default of such issue, to my other grandchildren by JANET STEPHAN HARMON, with the distribution to other Trusts still in existence for a grandchild. f. If JANET STEPHAN HARMON is unable or unwilling to perform the duties of Trustee, I direct that BRUCE ALAN HARMON be appointed as Substitute Trustee. FOURTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. FIFTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in his/her absolute discretion: A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; C. To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal Q representative, in his/her sole discretion, may deem wise, and to execute y and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SIXTH I do hereby nominate, constitute and appoint my son, PAUL BROOKE STEPHAN III, to act as Executor of this my Last Will and Testament. Provided, however, that if he is unwilling or unable to act as Executor, I direct the duties of Alternate Executor be performed by TAYLOR P. ANDREWS, ESQ.. SEVENTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, ELAINE SCHOLTEN STEPHAN, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) printed pages, this ~ day of Apri12005. C Elaine Scholten Stephan Signed, sealed, published and declared by the above-named Testatrix, ELAINE SCHOLTEN STEPHAN, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereuntosubscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) WE, ELAINE SCHOLTEN STEPHAN, TAYLOR P. ANDREWS, and ~4 ~Q~ E ~ ~,~ ~ ~ the Testatrix and witnesses, respectively, whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as and for her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. G~~Gl~~ ELAINE SfeI°~LTEN STEPH N, Testatrix Subscribed, sworn to and acknowledged before me by Elaine Scholten Stephan, the Testatrix, ands scribed to and sv~orn or affirmed to before me by TAYLOR P. ANDREWS and St) ~ witnesses, ~~' day of Apri12005. n /? /J NOfiARIAI_ SEAL SH~LLV SEXTpN, Notary Public Carlisle Borg, Cumberland County y Commission Expires April 26, 2007 Notary Ta,~Yor1P. Anflrews, Witness P;I~NUNCIATIQN RE(3iSTER OF WILLS IX3UNfY, P~Il~iSYLVAt~IIA f'[°I n i~7'i v £!~ ~ ~~~ r.a c, :C7 N .c- ~3 ;i r_ '1 r ~ t'i F:- _J_- ~ _ -~ ~-~ -- ~-, .~ ~a Estate of ~~ Scholten Stephan . Deceasod I, Paul Brooke Stephan, III ~ . In my capacity/relatioaship as Bxccutor and son of the above Decedent, hereby renounce the right to administer the Eatatc of the Decedent and tespectfuUy request that Letters be issued to Taylor P. Andrews, Esquire Bxecatcd to Regtster'a O, f,JJce Swora to or affirmed and subscribed before me this day of Deputy for Register of Wllls 1 sso ~•- Ru ~~ ~ ~ ace MY n ~' CO!AivtSSiON ~'.•, h1s1~1~sER , r SIC-: Sxicattd oat of Regtsttr'a $ s rsa ~ o .: ~ Before the undersigned ,, o,,;~`~~ party executing this renunciation i~d~t+esdtl~ that he or she executed the amation for the purposes stated whhin on this ~_ day of Notary Public ~/~_ ~ ~_ 36 ~ ~/ My cornrniasior- Facpires: ~"' ~ ism. a~ a~ orNoMry «olberoeioW ~oxe.a a odroiahta oohs. avow iMs of e[~i®Meyt Caraw~ion.) FawR~-06 m.lQla66