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02-1022
GOLDBERG, KATZMAN & SHIPMAN, P.C. Neil Hendershot, Esq. (I.D. #23316) 320 Mazket Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Petirioner In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF JOHN F. STEVENSON, ORPHANS COURT DIVISION Deceased No. ~~ - ~ ~ - ~ ®el.o~,, SUPPLEMENT TO "PETITION FOR GRANT OF LETTERS" REGARDING PROBATE OFAN UNSIGNED COPY OFA LOST WILL TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA: AND NOW comes KIM D. PINCI (the "Petitioner"), by and through her counsel, Neil E. Hendershot, Esq., of Goldberg, Katzman & Shipman, P.C., who avers, by way of this "Supplement to Probate Petition", as follows: Petitioner is the step-daughter of John F. Stevenson (the "Decedent"), who died on July 29, 2002, a resident of Hampden Township, Cumberland County, Pennsylvania. 2. Petitioner is submitting to the Register of Wills of Cumberland County, Pennsylvania (the "Register"), in the above-captioned matter, a completed and signed standard- form "Petition for Grant of Letters" (the "Probate Petition"), which will be verified by the Register under oath administered by that Office, the original of which is attached to the original of this "Supplement to Probate Petition" as Exhibit "A ". The Probate Petition seeks issuance by the Register to the Petitioner of Letters Testamentary enabling her to serve as the personal representative of the Estate of John F. Stevenson, deceased (the "Estate"), pursuant to and in accordance with the Last Will and Testament of the Decedent, dated August 18, 2001 (the "Will") 4. Petitioner believes and avers that the copy of the Will, in the form hereby offered for probate and as attached hereto as Exhibit "B" (the "Probated Will"), although being an unsigned, unwitnessed, and undated copy, nevertheless is a faithful and exact counterpart of the original Will that was executed by the Decedent on August 18, 2001, in the presence of Petitioner and others (the "Original Will"), which thereafter was lost or inadvertently destroyed without any intent by the Decedent to revoke it in any manner. Petitioner believes an avers that the Probated Will should be probated as a "lost will", which is known to have been executed by the Decedent, the original of which now cannot be located after his death. 6. In Pennsylvania, where such an executed testamentary writing has been so lost, and where no other will is discovered, "the lost instrument is probatable only when two separate and distinct matters of proof are satisfied: (1) the presumption that the testator revoked the lost instrument is rebutted, and (2) adequate proof is given both of execution and of the contents of the missing document." See: Law of Wills in Penns l~vania, § 1.10 ("Lost Wills"), by Aker, Bolden & Mannion, published by Bisel Company (copy of pages 1-26 to 1-29 are attached here to as Exhibit "C "). 7. Attached hereto as Exhibit "D " is a "Transcript of Session", taken on September 18, 2002 (the "Transcript"), which is the subject of an Affidavit attached thereto by the Petitioner as to the veracity of matters set forth therein by her. Petitioner incorporates herein, by reference, 2 the facts and averments set forth in the Transcript. Points relevant to the efficacy and reliability of the Probated Will as a probatable counterpart of the Original Will are summarized below. 8. On August 6, 2001, the Decedent's wife, Sarah Betty Stevenson ("Sarah"), was admitted to Holy Spirit Hospital. On or about August 14, 2001, Sarah's doctors requested her family to assist Sarah in arranging for the execution of a Last Will and a Living Will. 9. In response, on August 15 and 16, 2001, the Petitioner and her husband, Robert, who reside together in West Chester, drafted on their computer, Last Wills, Power of Attorneys, and Living Wills (collectively, the "Planning Documents") for signature by the Decedent and by Sarah. 10. No attorney was involved in drafting, reviewing, or executing the Planning Documents. 11. On August 16, 2002, the Original Will was produced on and printed from Robert's computer before being executed by Decedent. 12. The word processing file that produced the Original Will was maintained on the hard drive of Robert's computer, unaltered, since August 16, 2001, as certified by a computer analyst and technician, namely Charles F. Borromeo (the "Computer Consultant"), who was engaged to examine such matters. The examination report and certification of the Computer Consultant is attached hereto as Exhibit "E". 13. The Probated Will is an identical printout of the Original Will, which was printed by the Computer Consultant from the same word processing file that produced the Original Will before its execution. 14. Counsel for the Petitioner is in possession of the actual hard drive, sealed by the Computer Consultant after his certification, from the computer that generated the Planning Documents. Such hard drive will be so retained for a period of one (1) year from the date of any grant of letters by the Register. 15. Late in the afternoon on August 17, 2001, Petitioner, her husband, and Decedent met with the doctors again to confirm that Sarah was, in fact, dying. The three discussed how to approach Sarah, and decided that, on August 18, 2001, the Decedent and Sarah would both sign their respective Planning Documents together. 16. On August 18, 2001, Decedent executed the Original Will, in the presence of Petitioner and her husband, Robert, both of whom subscribed as witnesses, and also in the presence of Deccedent's wife, Sarah. 17. On August 18, 2001, Sarah and the Decedent also signed the other Planning Documents, with the Petitioner and her husband, Robert, serving as witnesses for all documents. 18. Following execution of the Original Will by Decedent, all of the Planning Documents were kept in a folder (the "Folder"), which had contained certain items related to Sarah's medical and personal situation at that time. The Folder was then placed in the drawer of the nightstand by her hospital bed. 19. On August 20, 2001, Sarah was transferred to a Manor Care facility in Camp Hill, and on August 23, 2001, she was transferred to Harrisburg Hospital. The Folder was transferred each time, and was again placed in the drawer of the nightstand by her hospital bed. 20. On August 29, 2001, Sarah died at Harrisburg Hospital. 4 21. After Sarah's death, the Folder was brought to the Decedent's home. 22. After Sarah's death, the Decedent's intentions were to recover from his personal and financial stress caused by Sarah's illness and death, and to recover from his own health. He planned then to move to West Chester to be closer to his step-daughter (the Petitioner) and her husband. 23. In pursing his intentions, the Petitioner and Decedent started organizing all the papers in his residence. 24. Petitioner came across the Folder, and assumed that only inconsequential and unneeded information remained in it. Therefore, Petitioner threw the Folder, with its contents, into the trash. The Original Will was thereby destroyed. 25. The Original Will was thrown out by Petitioner without the knowledge or consent of the Decedent, and without any intention on the Decedent's part to revoke the Original Will. 26. Thereafter, Petitioner and Decedent both believed that the Original Will remained in existence and intact. 27. Between the time of Sarah's death (on August 29, 2001) and Decedent's death (on July 29, 2002), the Petitioner and Decedent visited often, including holidays. At no time did the Decedent ever indicate to the Petitioner that he had altered or revoked his Will. 28. In conjunction with probate of the Original Will before the Register, an "Affidavit of Subscribing Witness" will be executed by Petitioner and her husband, Robert, verifying that they, in fact, witnessed the execution of the Original Will. 5 29. The contents of the Original Will are reflected exactly and completely by the Probated Will. 30. Other than the Petitioner, the only known party in interest entitled to notice as to the filing of this Petition is the Commonwealth of Pennsylvania. The Commonwealth could have an interest in the Estate under Section 3102 of the Pennsylvania Probate, Estates and Fiduciaries Code. Accordingly, service has been made upon the Commonwealth as evidenced by the Certificate of Service attached hereto. 31. The Petitioner will appear before the Register on Friday, November 15, 2002 at 1:30 P.M., at which time, in the absence of any written objection thereto filed with the Register, she will request to take the oath of office as Executrix under the Will. WHEREFORE, Petitioner respectfully prays that the unsigned counterpart copy of Decedent's Will executed August 18, 2001, be admitted to probate as if it were the original. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ~__ ,` Date: ~ ~--~' .~~ ~~ _.~ N ' .Hendershot, Esquire Atty. ID No. 23316 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner 84959.1 6 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of John F. Stevenson also known as ,Deceased No. OC ~ - ~ .~- ' ~ ~o2oZ.~ Social Security No. 168-26-4943 Kim D. Pinci Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executrix named in the last Will of the Decedent, dated 08/182001 and codicil(s) dated None 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration (c.t.a.; d.b.n.c.t.a; pendente life; 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 Mechanicsbur PA 17050 Ham den Townshi , or principal residence at 3609 Franklin Avenue, (list street, number, and municipality) Decedent, then 71 years of age, died 07/29/2002 at 3609 Franklin Avenue, (Moea hoanicsburg, 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 3.000.00 130,000.00 situated as follows: 3609 Franklin Avenue, Ham den Tw Mechanicsbur Cumberland Ct PA 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 a ro riate forfii to he undersi ned: T ed or tinted name and residence S' natur ~_ ; Kim D. Pinci {~, ~ i '~, _ ~ ,~ ~~ ~ 1012 Re imontal Drive , West Chester , PA 19382 Prepared by the Pennsylvania Bar Association Form RW-1 (1991) .. _._._~. r-~ ,ooa F.,.n, software only CPSystems, Inc. (COMPLETE IN ALL CAStJ:J r+nacri °"""""'°' """_'_ County, Pennsylvania with his/her last tamuy Decedent was domiciled at death in Cumberland Oath of Personal Representative Commonwealth of Pennsylvania 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, pe~ nal~r pres`entative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accyjding 'Caw. /l Sworn to or affirmed and subscribed /b~efore~~~day of l~ ~~ bY~ n ~ ~ ~C n,~-rl ~^ (~o~~~. p,,,_-~For the Regist r J Kim D,/. Pinci No. oZI-Da- /D' Estate of John F. Stevenson Deceased Social Security No: 168-26-4943 Date of Death: 07/29/2002 AND NOW, ~Q~/Qn-,~?r O~~ t oZ00~ of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ^X Testamentary ~ Of Administration (c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) are hereby granted to Kim D . Pinc i in the above estate and that the instrument(s) dated 08/18/2001 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters . $ - ~ ~ ~ , ~.1~ ~ Regist r of Short Certificate(s). $ ~ 5. ~~ ~ ~, ~~/~ Renunciation. $ Affidavits ( ) ~ $ Extra Pages ( ) ~ ~ $ Codicil. $ JCP Fee . . Inventory. . $ ~p.oc~ $ in consideration -. - , Attorney: Neil E. Hendershot I.D. No: 23316 Esquire Goldberg, Katzman & Shipman, PC Address: 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: 717/234 - 4161 Other $ Q~"I ~~ TOTAL. $ ~ ~ ~ ~ V Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-~ (1991) FOR REGISTER'S OFFICE USE ONLY REV-346 EX (8-92) County Code Year File Number PA DEPARTMENT OF REVENUE I O ESTATE INFORMATION SHEET DECEDENT INFORMATION: Enter data as it will appear on all documents submitted to the department. Stevenson, John F. Date of Birth Decedent's Social Security Number Date of Death 168-26-4943 07/29/2002 04/30/1931 TYPE FILING: Enter mark (X) to indicate the nature of the return to be filed with the department. Litigation Purposes X^ Probate Return ^ Joint Assets Only ^ Estate Tax Only ^ (No Other Assets) LETTERS GRANTED: Enter mark (X) to indicate the nature of the proceedings at the Register of Wills Office. (Attach additional sheets if explanation is necessary.) Administration ~ No Letters ~ Other (Please Explain) X^ Testamentary ATTORNEY/CORRESPONDENT Enter all data concerning the attorney or other individual to receive all tax information and INFORMATION: correspondence. supreme court l.D.u Name (Last, First, Middle), Street Address, City, State, and Zip Code Neil E. Hendershot, Esquire 23316 Telephone Number Goldberg, Katzman & Shipman, PC 717/234-4161 320 Market Street P.O. Box 1268 Harrisbur PA 17108-1268 PERSONAL REPRESENTATIVE Enter all data concerning the personal representative(s) of the estate authorized by the Register INFORMATION: of wills. Executor/Administrator Name (Last, First, Middle), Street Address, City, State, Kim D. Pinci 1012 Regimontal Drive West Chester, PA 19382 Co-ExecutorlAd ministrator ua,„a n act. First. Middle), Street Address, City, State and Social Security Number 204-44-6794 Telephone Number 610/429-0525 Telephone Number Name Administrator State, N Telephone Number Neil E. Hendershot, Esquire Form 346 (Rev. 8-92) Coovriaht Ic) 1998 form software only Center Piece Software, Inc. LAST WILL OF John F. Stevenson I, John F. Stevenson, a resident of the Commonwealth of Pennsylvania, being of sound and disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me. I. EXECUTOR: I appoint Sarah Betty Stevenson as Executor of this my Last Will and Testament and provide if this Executor is unable or unwilling to serve then I appoint Kim D. Pinci as alternate Executor. My Executor shall be authorized to carry out all provisions of this Will and pay my just debts, obligations and funeral expenses. I further provide my Executor shall not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law. II. MARITAL STATUS: I declare that I am married to Sarah Betty Stevenson and that all references in this Wifl to my wife are references to her. III. SIMULTANEOUS DEATH OF SPOUSE: In the event that my wife, Sarah Betty Stevenson, shall die simultaneously with me or there is no direct evidence to establish that my wife and I died other than simultaneously, (direct that I shall be deemed to have predeceased my wife, notwithstanding any provision of law to the contrary, and that the provisions of my Will shall be construed on such presumption. V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including any beneficiary of any trust established by this Will, other than my wife, shall die.within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived such person. VI. BEQUESTS: Should I predecease my wife, Sarah Betty Stevenson, I bequeath all of my worldly possessions to my wife. If I should survive my wife, Sarah Betty Stevenson, I then bequeath all of my worldly possessions to her only daughter, Kim D. Pinci. Initial here: IN WITNESS WHEREOF, I, John F. Stevenson, hereby set my hand to this last Will, on each page of which I have placed my initials, on this Pennsylvania. John F. Stevenson day of , at The foregoing instrument, consisting of two pages, including this page, was signed in our presence by John F. Stevenson and declared by him to be his last Will. We, at the request and in the presence of him and in the presence of each other, have subscribed our names below as witnesses on this day of [Signature of Wifiess #1 ] [Printed or Typed name of Witness #1] [Address of Witness #1] [Signature of Witness #2] [Printed or Typed name of Witness #2] [Address of Witness #2] [Signature of Witness #3] [Printed or Typed name of Witness #3] [Address of Witness #3] Initial here: I.9 POUR-0VER PROVISIONS; INCORPORATION BY REFERENCE ~ 1.9F. Memorandum as to Personal Effects It is a fairly common practice to deal with the disposition of such items as household goods and personal effects by the inclusion of a provision which bequeaths such items to such persons as may be designated in a sep- arate memorandum. This practice has developed so as to avoid preparing a new will each time testator has a change of mind as to such list of items and persons. It must be noted, however, and should be explained to the client that if such separate memorandum is changed after the will is exe- cuted, the arrangement does not meet any of the three tests above described and if contested will probably not be enforced unless the memorandum is signed so as to qualify it for probate. ~ 1.10 LOST WILLS ~ 1.10A. In General When a will known to have been executed by the decedent cannot be located after his death, and no other will is discovered, the lost instrument is probatable only when two separate and distinct matters of proof are sat- isfied: (1) the presumption that the testator revoked the lost instrument is rebutted, and (2) adequate proof is given both of execution and of the con- tents of the missing document. ~ 1.lOB. Presumption of Revocation Whenever an alleged testamentary writing, which was proved to have been in testator's possession or was readily accessible to him, cannot be pro- duced for probate, a presumption arises that such instrument was Tevoked by the decedent: Murray Will, 11 Fiduc. Rep. 229, 404 Pa. 120; Tribit Est., 2 Fiduc. Rep. 213. The same presumption may arise where two or more copies of the will were signed and any one of which, being in testator's possession or accessible to him, cannot be found at his death: Bates's EsI., 286 Pa. 583. If the instrument was not in testator's possession or if it was inaccessible to him, the presumption will not arise: Mammana Est., 388 Pa. Super. 12, an- notated in Fiduciary Review, Jan. 1990; O'Neill's Est., 58 D. & C. 351, 360; cf. Bregy, Intestate, Wills and Estates Acts of 1947, p. 2313, where non-access to the will is treated as rebutting the presumption. Once this presumption arises, it must be rebutted or overcome before any other evidence is ad- missible concerning the lost will. I-26 wHA~' IS A w1z.L § 1.10 Once the presumption of revocation is raised, extrinsic evidence is ad- missible either in support of or to rebut such presumption, and the two- witness rule is not applicable: see Sheaffer's Est., 240 Pa. 83, 87; cf. Fallon 's Est., 214 Pa. 584. A will known to be lost by a testator who did nothing about it may strengthen the presumption of revocation: Deaves Est., 140 Pa. 242; but com- pare 1LIcCaffrey Will, 453 Pa. 416, allowing probate of conformed copy of will known by testator to have been stolen. Testator's declarations (Gfeller v. Lade, 208 Pa. 48; Gardner v. Gardner, 177 Pa. 218) as well as his mental and physical ability to perform the acts of revocation are admissible: Dalbey's Est., 326 Pa. 285. "It makes not only testator's character, condition, acts and de- clarations, but also the conduct and interests of those who were around him from and after the date of his will, legitimate subjects of inquiry": O 1Veill's Est., 58 D. & C. 351, 362. Proof that testator entertained a kindly or loving feeling toward the beneficiaries of the lost will tends to rebut the presumption: Gaines v. Lizardi, Fed. Case No. 5175. Evidence that persons with an adverse interest to the terms of the instrument had possession of or access to the lost will may carry weight in rebutting the presumption (Gardner's Est., 164 Pa. 420), but proof of mere opportunity alone is not sufficient to rebut the presumption of re- vocation if the will was in decedent's possession: Keiser Est., 385 Pa. Super. 24; Buckle's Est., 3 Dist. 16. "This presumption can be rebutted by showing that someone else destroyed it, that decedent did not have access to it [cf. O'Neill's Est., 58 D. & C. 351 ], or that decedent made statements up un- til the time of his death indicating that his will was still in existence": Bregy, Intestate, Wills and Estates Act of 1947, p. 2313. The evidence must be "positive, clear, and satisfactory" and must "over- come both the presumption of revocation by the testator and the pre- sumption of innocence on the part of a third person charged with destroying the will": Michell v. Low, 213 Pa. 526, 534. Copy of lost will probated on finding evidence clearly rebutted pre- sumption of revocation by testator: Wasco Est., 444 Pa. 184, annotated in Fiduciary Review, Dec. 1971; Ervien Will, 427 Pa. 64, affg 87 Montg. 273; Rielly Will, 5 Fiduc. Rep. 2d 150. Probate of photocopy of lost 1987 will vacated where proponents did not overcome presumption that decedent revoked the will; photocopy ac- 1-27 1.10 LOST WILLS cepted as an "other writing" sufficient to revoke 1985 will; decedent died intestate: Hannan Will, 18 Fiduc. Rep.2d 204, 264. ~ 1.lOC. Proof of Execution and Contents If satisfactory evidence is produced to overcome the presumption of revocation, it then becomes necessary to prove both the execution and con- tents of the missing document. "Proof of a lost will is made out only by proof, of execution and of con- tents, by two witnesses, `each of whom must separately depose to all the facts necessary to complete the chain of evidence, so that no link in it may depend on the credibility of but one': Hock v. Hock, 6 S. & R. 47": Hodgson's Est., 270 Pa. 210, 213; Yeager Est., 3 Fiduc. Rep. 386; Fiduciary Review, April 1953, p. 4. One witness and surrounding circumstances are not sufficient: Harrison's Est., 316 Pa. 15. Ordinarily proof of execution will be required first, and if proof of ex- ecution fails there is no need to determine the contents: Harrison's Est., 316 Pa. 15, 19; Michell v. Low, 213 Pa. 526, 529. Proof of execution and contents is, of course, solely by extrinsic evi- dence and evidence of the contents need only be of the substance, not ver- batim: Hodgson's Est., 2 70 Pa. 210. But the proof "must be of the clearest, most satisfactory character": Buckle's Est., 3 Dist. 16, 17. The witnesses need not have actually seen the document; proof of testator's declarations would be sufficient: cf. Hodgson's Est., 270 Pa. 210. Compare also, (1) Glockner v. Glockner, 263 Pa. 393, where evidence of testator's declarations was admit- ted to substantiate the testimony of two other witnesses; (2) Lawman's Est., 272 Pa. 237, where the only proof of contents was that of testator's decla rations and the evidence was found insufficient to admit the instrument to probate. A conformed copy of a stolen will was admitted to probate in McCaf- frey Will, 453 Pa. 416, rev'g 22 Fiduc. Rep. 551, annot. Fiduciary Review, Oct. 1972, and an unsigned copy was probated as a lost will upon proof of exe- cution of the original in Scheib Will, 11 Fiduc. Rep. 132. Carbon copy of 1974 will containing handwritten revisions by testator and signed at the end in 1986 was properly admitted to probate: Sell Est., 10 Fiduc. Rep.2d 202. 1-28 WHAT IS A WII.,L ~ 1.10 Photocopy of lost will admitted to probate where original was not in decedent's possession and contents were proved by photocopy, testimony of attorney-scrivener and of persons who saw the will subsequent to execu- tion: Del Rossi Will, 15 Fiduc. Rep.2d 156, 132 Montg. 101, 23 D.&C. 4th 218, annotated in Fiduciary Review, Sept. 1995, p. 4. See Burns v. Kabboul, 407 Pa. Super. 289. ~ 1.lOD. Probate Impossible Probate of a lost will may be im~iossible when there is in existence an earlier unrevoked will. It has been ruled that if an earlier and otherwise un- revoked will is produced and offered for probate, (in the absence of fraud) no evidence of any sort will be admitted to prove the contents or even the existence of the later lost will (Koehler's Est., 316 Pa. 321) or of any lost re- vocatory writing: Harrison's Est., 316 Pa. 15. The reason given is that any other ruling would amount to oral revocation of an existing document: Shet- ter's Est., 303 Pa. 193, 197. But in McCaffrey Will, 453 Pa. 416, conformed copy of will which was stolen from decedent's home seven years before his death was probated as lost will despite existence of earlier will; cf. Forish Will, 16 Fiduc. Rep. 443, annotated in Fiduciary Review, Sept. 1966. And in Bechtel Will, 20 Fiduc. Rep. 258, an unsigned conformed copy of first and third pages of will admitted to probate with original second page, where original pages were inadvertently destroyed by secretary and testator never had possession of will, despite existence of earlier otherwise unrevoked will. ~ 1.10E. Revocatory Effect The revocatory effect of a lost will upon testamentary writings executed prior to the execution of the lost will is discussed in ~ 4.10. Probate of photocopy of lost 1987 will vacated where proponents did not overcome presumption that decedent revoked the will; photocopy ac- cepted as an "other writing" sufficient to revoke 1985 will; decedent died intestate: Harman Will, 18 Fiduc. Rep.2d 204, 264. 1-29 1 TRANSCRIPT OF SESSION 2 September 16, 2002 3 (1:00 -1:23 pm) 4 5 6 Following is the transcription of a discussion held on the above date and time in the 7 offices of Goldberg, Katzman & Shipman, P.C., located at 3`d Floor, 320 Market Street, 8 Harrisburg, PA 17108, between attorney Neil E. Hendershot ("NH") and Kim Pinci 9 ("KP"), regarding occurrences involving her late mother, Betty Stevenson, and her late 10 father, John Stevenson. Also present was paralegal Cheryl L. Baker, who witnessed the 11 discussion. The transcription was made from a tape recording, which was continuous, 12 except for one break near the inception to confirm a functional recording process. Neil 13 Hendershot edited this transcription for accuracy and readability, but did not alter any 14 substance. Kim Pinci reviewed the draft transcript, and added clarifications or 15 corrections, indicated by comments in brackets. 16 17 NH: I am here with Kim Pinci. It is Monday September 16, 2002, at 1:00 pm. We will 18 have Kim explain to me her calendar dated August of 2001, which covers a period when 19 her mother passed away. Her mother was Betty Stevenson -- formal name "Sarah Betty 20 Stevenson". Okay we're looking at this calendar now, which we'll make a photocopy of 21 and attach to this transcription. Explain to me how this calendar came to be. 22 23 KP: Every month -- I have a small child who's 13 now -- and every month for the 24 purpose of sporting events, doctor's appointments just to keep our lives in order, I do a 25 hand-written calendar, which is posted. And many times it's only appointments and high 26 school games, but then often there's personal things that we write on the calendar. For 27 instance birthday designations, something happy happens in our lives, something sad 28 happens in our lives -- that we kind of make notations on. 29 30 NH: So it was natural for you to be tracking your mother's hospitalization, transfers and 31 meetings? 32 33 KP: Oh absolutely. In fact you can see here that a relative was coming to visit us this 34 week and that we are going on vacation. 35 36 NH: That's the week of the 6"'. Well, let's look at that week. 37 38 KP: On the 6`'' of August, my mother had called me. She was having terrible pains and 39 took herself by ambulance to the hospital -- Holy Spirit Hospital -- and was admitted with 40 a severe stomach cramps and pain. 41 42 NH: Now that would make sense, because your mother lived in Camp Hill and that 43 would have been the nearest hospital. 44 45 KP: Yes, the nearest hospital. My mother also was suffering from severe emphysema, so 46 the breathing problem and the stomach problem made her take herself into the hospital. 1 That was on Monday the 6t1'. I met her in the hospital later that night, staying here in the 2 area for two days. I could not stay continuously because I have a small child at home and 3 my husband, of course, works. 4 5 NH: Now you have the 7`" circled and the 9il' circled? 6 7 KP: Yes, and I circled all the dates in pencil that I would travel up to my mother so that 8 part memory, part so that the family would know when I was planning on going to help 9 up in [West Chester *] to see my mother. 10 11 NH: Now the line extends from the 6`~' through the 11`''. Would that indicate your 12 mother was in the hospital during those days? 13 14 * Should be "Camp Hill" 15 16 KP: Absolutely, and then as you see the line also goes from the 12`" to the 18~'. And 17 then if you look down on the 20~' of August, my mother was transferred to Manor Care, 18 which is a nursing facility in Camp Hill, because the HMO at the hospital needed to force 19 my mother out of the hospital for her time had run out. 20 21 NH: So she was in for an extended period of time; and you would have visited, you 22 believe, on August the 6t~', 7`", 9'~', 11~', 12"', 14`x', 17t'' and 18'"~ 23 24 KP: Yes and returning again on the 20''' to .. . 25 26 NH: Assist her as she was being transferred to the Manor Care Facility? 27 28 KP: Correct. Now in this period of time -- the second week -- the hospital and the 29 doctors were trying to diagnose her. And around the 14t~' or 15~' the doctor called me in 30 West Chester and told me that he really felt that my mother did have a large mass, that it 31 was probably cancer, perhaps a large infection, and that, to live, she would need to be 32 operated on. But he also felt, after talking with an anesthesiologist, that the possibility of 33 surgery was really not a possibility because she would not survive the surgery. And, if in 34 the small chance that she did survive surgery, she would be not living any quality of life - 35 -that she would be on a breathing machine if she would ever come to consciousness 36 again. 37 38 NH: That was bad news. How did you and your husband react to that bad news, that this 39 is probably a terminal situation for your mother? 40 41 KP: Well of course we were devastated. We called my step-father. He was devastated. 42 I was the one that the doctor spoke with. I seemed to be able to understand what was 43 happening a little bit more, although all three of us were very much involved with her 44 care and what was going to happen next with her. 45 46 NH: Did the doctor suggest any documents? 2 1 2 KP: Yes. At that time the doctor asked if she had a living will and (last] will in place, 3 and we indeed then had to get those in place for her. 4 5 NH: You had no relationship with a lawyer who could have drafted them, and instead 6 you decided to do it yourself with the computer? 7 8 KP: Yes, all three of us talked together. We decided that we would draft living wills, 9 [wills] and power of attorneys for both of them, and .. . 10 11 NH: Was that done on the 16`''? 12 13 KP: That was done between the 15'n and 16tH. My husband did these off of a general 14 program that he was able to retrieve, and then modify them to the names and addresses 15 that we needed. In essence, we filled in the blanks and copied them off. With documents 16 in hand, my husband and I traveled to Harrisburg on the 17t1' and met with my father. 17 There we met with the doctor again. He spoke with all three of us, told us .. . 18 19 NH: Who was the doctor? Do you recall? 20 21 KP: No, but I can get that name of course. 22 23 NH: But what you describe is consistent with your calendar. You do not have the 15t'' or 24 16tH circled which means you were home. We have other documents which show that the 25 estate planning documents were generated on the 16t~' 26 27 KP: Yes, we had to do that out of request from the doctor. 28 29 NH: And the 17tH you traveled up, discussed it with the doctor. And then on the 18tH 30 what happened? 31 32 KP: Well, on the night of the 17tH, we were not sure how we wanted to .... We were 33 telling my mother she was dying, so we stayed together at home [to talk it over]. All 34 three of us slept in the same room, and early that morning on the 18tH, we went to the 35 hospital at 7:30 am. We had made a decision that she should definitely know everything 36 that was going on at the end of her life. And all three of us met in the hospital room 37 around 7:30 - 8:00. We informed her of the situation. Asked her if she wanted to have 38 surgery. She talked with us. She wanted to make sure that I took care of John. I assured 39 her that John was going to move down with me. He assured her that he was going to 40 move with Bob and I. 41 42 NH: Now that was important for her, because John, her husband, had been diagnosed 43 with pancreatic cancer? 44 3 1 KP: Diagnosed with pancreatic cancer a couple years previous, and even though he was 2 not going through any chemotherapy at that point, but she was very, very concerned 3 about him. 4 5 NH: Did you show her the documents that you had prepared? 6 7 KP: Yes indeed, we let her know that it was being requested that we have living wills 8 and we had decided that we would bring the living wills and the [last] wills and the 9 power of attorney there to the hospital there for her and John both to sign. We had 10 discussed it that night. John, Bob and I that 11 12 NH: The previous night? 13 14 KP: The previous night -- that we would sign all copies together and that would also help 15 alleviate any concerns that she would have. 16 17 NH: What was in the documents? 18 19 KP: In the documents, ... uh .. . 20 21 NH: Was it what your mother wanted? 22 23 KP: Exactly what my mother wanted. 24 25 NH: Good, how did you then sign them in the hospital? And who was present? 26 27 KP: At the time it was my mother, my father, it was my husband, and I; and all four of us 28 sat there around my mother. We had pens and passed them back and forth when we 29 signed all the papers -- all six documents -- and witnessed [their] signatures. It just made 30 her very peaceful. 31 32 NH: How many witnesses were on each document? 33 34 KP: Two witnesses on each document. Bob and I served as witnesses. 35 36 NH: What happened to the papers after you signed them? 37 38 KP: After we signed them, the papers went in a folder which I had at the hospital which 39 housed a very large pamphlet from the Holy Spirit Hospital with all the doctors listed. It 40 handled information from the various health care facilities that I had looked into to send 41 my mother. It also housed information when she was admitted to the hospital. All the 42 little papers that you get when you go into a situation like that is what the folder housed. 43 44 NH: Those papers at that time were important medical papers? 45 46 KP: Oh indeed, absolutely. 4 1 2 NH: Which is a logical place to put legal documents? 3 4 KP: Absolutely. It had all the phone numbers of the different doctors that she used and 5 the doctors that she was seeing in the hospital. She was seeing both her general 6 practitioner, but then again she was seeing the cancer specialist that I'll get you the name 7 of. 8 9 NH: Did the hospital staff make any copies of these documents? 10 11 KP: Oh no. 12 13 NH: Did they know they were being executed? 14 15 KP: No, it was very early. It was 7:30 8:00. There was a shift change at the hospital, 16 and we had the door closed. It was just a private, intimate moment, telling my mother 17 she was dying and setting up the future of my father. 18 19 NH: Did you tell any doctors after they were signed that they had been signed before 20 your mother died. 21 22 KP: Yes, the doctor asked me if I had the will signed; and I said, yes, I did. Because 23 they wanted to make sure that that was in place so that we wouldn't have any problems. 24 25 NH: That's a third party who would know your statement that they had been signed. We 26 would need, maybe, the name of the doctor. 27 28 KP: Yes. 29 30 NH: Okay, so you put the documents in the folder. The folder went in the drawer in the 31 bedstand at the hospital, 32 33 KP: Correct 34 35 NH: Holy Spirit Hospital 36 37 KP: Uh, that was on the 18`x', that was on a [Saturday]. 38 39 NH: Then what happened? What happened after the 18`" when the documents were put 40 into the nightstand? 41 42 KP: Okay, on Monday morning after we had found an appropriate care place for my 43 mother and she was being moved to Manor Care in Camp Hill, I came back to Harrisburg 44 and gathered up all the things that she owned that were in the hospital room. She'd been 45 there for two weeks so there were quite a lot of things, cards, balloons. Cards even went 46 in the folder also that she had been sent. These were then given to my father. He went 5 1 home. I then went with my mother with the ambulance to Manor Care, where she stayed 2 for four days. At that point, she was vomiting continuously -- bile, everything, was 3 coming up. An ambulance was called at Manor Care, and we requested that she be taken 4 to Harrisburg Hospital where we felt we preferred the Doctors there and the care that was 5 given. 6 7 NH: Was this the Manor Care facility in Camp Hill? 8 9 KP: Correct, on Market Street, yes. 10 11 NH: So then you made arrangements, given her declining physical situation, to take her 12 to Harrisburg Hospital. She was admitted when? 13 14 KP: We [mother and I] were admitted to the emergency room that evening, and there we 15 sat for quite a few hours... 16 17 NH: "That evening" is ... ? 18 19 KP: Being the 23rd of August. Where we sat quite a few hours. In that time, the doctor 20 on call in the hospital happened to be one of the partners that was her family physician, 21 and asked me, he did not know me, -- and I'm not quite sure he really recognized her 22 because she dealt with another doctor that was in that practice -- asked me if I had her 23 living will. And I said, "oh yes, I have it, but I don't have it with me". And he kind of 24 chuckled to me, "well, you don't need it right at this point, but please have it on hand". I 25 then had to leave my mother in the emergency room. She hadn't been given her room 26 yet. And about midnight I went over to Manor Care. I had to retrieve all of her personal 27 things, because my father was ill at home and I wasn't going to bother him that late at 28 night. I also called him up and I said, "Please get out the living wills and have them 29 ready. I'm coming home to get them". I then went back to home, gave him her 30 television and things from Manor Care, grabbed the wills that he gave me and went back 31 to Harrisburg Hospital that night -- probably arrived back around 1:00 -- and then we sat 32 for another couple hours until she was finally taken to her room. The living will and 33 [last] will -- he gave me both wills, I guess he was very nervous -- went into her Bible, 34 and again that went into her drawer along her bedside in the hospital. 35 36 NH: So after the execution of the documents on the 18t", your father was in possession of 37 them. 38 39 KP: Oh absolutely. 40 41 NH: And he looked through those to get your mother's last will and living wily 42 43 KP: Yes. 44 45 NH: And he never said anything to you about "I'm revoking my documents"? 46 6 1 KP: Oh no, not at all. No he just went through the file with all the cards and the papers, 2 got the wills out. He got both out. I guess he just was very nervous himself and just got 3 anything he could. Gave them to me. I grabbed them and I ran back to the hospital 4 because I wanted to be with her when she was moved up to her room. And then when 5 she was finally settled, I put them in the Bible. And I told her, and I put them in the 6 drawer, and then I went back to West Chester late that night. 7 8 NH: Do you have those two documents today? 9 10 KP: I do. 11 12 NH: The originals? 13 14 KP: I do. 15 16 NH: If you would, please get copies of them, send them to us and retain the originals. 17 18 KP: Okay. 19 20 NH: We may want to attach it to a petition or make reference. 21 22 KP: They are still in that Bible, by the way. 23 24 NH: Now, your mother then passed away. Was there any need to probate her will? 25 26 KP: No, because everything passed on to my father. 27 28 NH: By joint ownership? 29 30 KP: Yes. 31 32 NH: Okay. Did your father -- after your mother's death -- appear to believe that his 33 affairs were in order? 34 35 KP: No, at that time -- my mother died on the 29`'' -- we had to have a funeral for her. 36 They had accumulated quite a large amount of debt, of which they were embarrassed 37 about. And I had to get everything in order. Find out the extent of the debt which I did 38 not know at that time. Go through their massive amounts of paperwork, which they 39 saved everything, then take all this information. And both John and I then went to their 40 bank, told them we needed to have a loan. We'd like to consolidate this. Another 41 purpose, other than paying for the funeral, was that I truly wanted to have him at ease and 42 not having to worry about money. So that he could live more comfortably and peacefully 43 in his life and so the bank was [agreeable]. They granted us this loan. 44 45 NH: Which bank was it? 46 7 1 KP: Commerce Bank. 2 3 NH: And did he sign the documents himself, or did you do it under Power of Attorney? 4 5 KP: No, he did sign the documents. I did not sign them. I was there. The bank official 6 remembered me being there. 7 8 NH: So he then had a sense that his financial affairs were in order? 9 10 KP: Yes. 11 12 NH: Did he also appear to believe that his own personal estate planning was in order? 13 14 KP: Oh yeah, he felt that he was set. 15 16 NH: What happened with the folder that contained the remainder of those documents 17 that were executed on the 18t~'. 18 19 KP: The folder was at John's home. They were in a drawer with all of her things that 20 came home from the hospital. He really didn't touch those things. And in the next few 21 days/weeks, I would go home and I would help to clean up things that my mother.... She 22 had her bed in the dining room and lots of things all around. Having all the paperwork 23 from the bills, and everything that they owed, and just generally, the house needed 24 cleaned up. And we were both -- John and I -- looking forward to getting the house 25 cleaned out and preparing for him in his own time to come and live near me in West 26 Chester. So while I was preparing this, I know that I came upon this folder. This was 27 weeks after, and everything was settled. 28 29 NH: So why would you throw the folder away if you thought it contained documents, or 30 didn't you think it did? 31 32 KP: I didn't think it contained documents. The folder -- the Holy Spirit Folder -- it had a 33 large booklet of all the doctors in the Holy Spirit Hospital. It had the booklet of 34 Harrisburg doctors. It had admitting papers. It had birthday cards -- her birthday 35 happened to be three days before she died. It had cards that she had been sent while she 36 was in the hospital. It had everything. 37 38 NH: This was on top of the legal documents? 39 40 KP: Yes, because everything was stuffed in there as I was cleaning out her room when 41 she was leaving the Holy Spirit Hospital going to Manor Care. So everything was stuck 42 in this folder. 43 44 NH: Did you think you needed that material anymore? 45 8 1 KP: Well, if I would have thought clearly, yes, I would have realized that I needed the 2 wills that were in there. But when I looked in there, I saw the Holy Spirit things and 3 cards, and we really just didn't want to have them around. 4 5 NH: It was painful. 6 7 KP: Yes, we just....so I threw that, along with all the other massive, massive amounts of 8 paperwork and bills and statements that I had to go through in her home. 9 10 NH: Did John know that his legal documents had been thrown out, or did he assume they 11 were still safe somewhere? 12 13 KP: He assumed that they were in the house somewhere. He and I had spoken about 14 them at different times. Both he and I thought they weren't a legal document until they 15 were notarized. So we had made plans in the future that we were going to go to a notary 16 together and that we were going to have these notarized so that they would be indeed 17 legal documents. And you know, we had spoken of them, but we just.... Christmas came 18 and ..... 19 20 NH: I think there's the general impression that a will is only valid if it is notarized, 21 which is not true. It is self proving... 22 23 KP: Well, we didn't realize that. 24 25 NH: It is self proving, that is, no witnesses would have to appear [at probate]. But after 26 you threw away the folder, he was still expressing his understanding that the documents 27 existed and might need to be attended to still? 28 29 KP: Oh absolutely. And Christmas came and he came to my house for a week; and 30 Thanksgiving came, and that was a holiday. And Valentines Day, he came to my home. 31 And Easter was a Sunday. And come the beginning of the year, he was told he was 32 cancer-free, that he had beat cancer. So we were really happy about that, and there was 33 no pressing need. And he told me, not to worry, we'll do it, but I'm not going anywhere. 34 He felt really secure in that fact that he had beat his cancer and was going to be with us 35 for a long time yet. He was only 71. 36 37 NH: His death, then, was rather sudden? 38 39 KP: It was sudden; it was very sudden. He had just purchased abrand-new car. He 40 enrolled in art classes, to do something that he had wanted to do for years, because he 41 was a closet artist and he was truly ready to live life again. 42 43 NH: The death certificate mentions pancreatic cancer as the cause of death, but you have 44 a different belief. 45 9 1 KP: I do believe that he died of a heart attack. He had surgery on his [carotid artery] 2 aorta. He also was taking nitroglycerine tablets if he needed them. He also changed his 3 patch every other day. In fact the calendar in the kitchen showed that he changed his 4 patch. Last time at the doctors office -- or maybe not the last time he was there -- but I 5 went with him, just as a general check up. And I was very concerned. He had swelling 6 in his legs. The doctor said that different things happen to the body with massive doses 7 of chemotherapy, and it deteriorates different parts of the body. The swelling was caused 8 by kidney failure, and that was something that he was just going to have to watch. 9 10 NH: You've printed off the computer -- actually the certified technician printed off your 11 hard drive -- a document. Do you believe that's your fathers [last] will? 12 13 KP: Oh, absolutely it is. 14 15 NH: Does it represent your father's intentions, you believe, to administer and distribute 16 his estate? 17 18 KP: Oh yes. I was the only child. I have [He has] one grandchild. Many many, many, 19 many times, both he and my mother would speak about how they would be able to help 20 my child get a good start in life, you know, in time. 21 22 NH: Was there any time after the documents were executed, August 18, 2001, when you 23 had any indication that your father would have revoked those or changed his intentions 24 towards you? 25 26 KP: No. No. In fact, Christmas time we spent the week together at my home, and he said 27 quite a few times ... He would tell me how he didn't deserve such a wonderful family ... 28 and what did he do to earn such a thing like that ... 29 30 NH: You gave us comments that you delivered at his Eulogy, and those are all accurate 31 as well? 32 33 KP: Oh absolutely. It's all about his life -- being brought up in a Catholic Orphanage 34 since the age of three, being on his own, having no home after he was graduated from 35 high school and had to leave the Home [the Orphanage]. He enlisted in the Navy, where 36 he served gallantly for four years and was very very proud of that. And it instilled great 37 patriotism within him. How he worked, the different places that he had worked, and the 38 friends that he had valued very much. He never had a home or a family [until my mother 39 and I], and he was just very very proud of me and my son. Very much a part of every 40 part of our lives. 41 42 NH: Well, we can't administer an oath here. I have no authority to do that. But what 43 you've said here -- Is it all true and correct? 44 45 KP: Absolutely. 46 10 1 2 3 5 6 7 8 10 11 12 13 NH: And that is all. I might mention that Cheryl Baker, a paralegal here at Goldberg, Katzman and Shipman, P.C., sat through this discussion as we recorded it, as a witness. Notes: Session ended at 1:23 pm. ~ _- ;. Attachments: 1.) Copy of Handwritten Calendar for August, 2001,-~ referenced above. 2.) Copy of printed, but unsigned, last will and testament of John Stevenson, as referenced above. 84923.2 11 I ~ ~~ _ w~/ ~ ~ ~,~ z ~ -6 --~ ~~ ~ ~ ~~- ~ ~~ ~ ~ .~ ,. z ~ _ . ~ ~. - _~ '~ ~ r~ ~ : c ~ t $ -~ ~ A_ (~~ ~ ~ ~ _: ~ _~.,,~: ~~ ~ ~ ~ ~ '~ ~ ~ ~. ~. c~1 -o ~~ ~ S ~ z~ i ~ -~ ~~ ~ ~ ~~ s • C~ ~~` =J t ~ ~ t ~ rte, a~ i _.. , .. _.,~,~ .-.~. ~ ~j ~ - ~~ f ~ ~~ ~ ~. W z 1, '~ .-. V 4. ~.z. R .. 1 LAST WILL OF John F. Stevenson I, John F. Stevenson, a resident of the Commonwealth of Pennsylvania, being of sound and disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me. I. EXECUTOR: I appoint Sarah Betty Stevenson as Executor of this my Last Will and Testament and provide if this Executor is unable or unwilling to serve then I appoint Kim D. Pinci as alternate Executor. My Executor shall be authorized to carry out all provisions of this Will and pay my just debts, obligations and funeral expenses. I further provide my Executor shall not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law. II. MARITAL STATUS: I declare that I am married to Sarah Betty Stevenson and that all references in this Will to my wife are references to her. III. SIMULTANEOUS DEATH OF SPOUSE: In the event that my wife, Sarah Betty Stevenson, shall die simultaneously with me or there is no direct evidence to establish that my wife and I died other than simultaneously, Idirect that I shall be deemed to have predeceased my wife, notwithstanding any provision of law to the contrary, and that the provisions of my Will shall be construed on such presumption. V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including any beneficiary of any trust established by this Will, other than my wife, shall die.within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived such person. VI. BEQUESTS: Should I predecease my wife, Sarah Betty Stevenson, I bequeath all of my worldly possessions to my wife. If I should survive my wife, Sarah Betty Stevenson, I then bequeath all of my worldly possessions to her only daughter, Kim D. Pinci. Initial here: IN WITNESS WHEREOF, I, John F. Stevenson, hereby set my hand to this last Will, on each page of which I have placed my initials, on this day of , at Pennsylvania. John F. Stevenson The foregoing instrument, consisting of two pages, including this page, was signed in our presence by John F. Stevenson and declared by him to be his last Will. We, at the request and in the presence of him and in the presence of each other, have subscribed our names below as witnesses on this day of [Signature of Witness #1] [Printed or Typed name of Witness #1] [Address of Witness #1] [Signature of Witness #2] [Printed or Typed name of Witness #2] [Address of Witness #2] [Signature of Witness #3] [Printed or Typed name of Witness #3] [Address of Witness #3] Initial here: In Re: ESTATE OF JOHN F. STEVENSON, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. AFFIDAVIT REGARDING TRANSCRIPT OF SEPTEMBER 16 2002 AND NOW comes, Kim D. Pinci, who being duly sworn, deposes and says as follows: ~ . On September 16, 2002, I met with Neil Hendershot, Esquire and Cheryl L. Baker, CLA, at the office of Goldberg, Katzman & Shipman, P.C. 2• With my consent, a portion of the meeting was recorded, which became the subject of the "Transcript of Session" attached hereto 3. I have reviewed the Transcript, and affirm that it is accurate, and that the facts stated therein by me are true and correct. ' ,_ Kim/I~. Pinci Sworn to and subscribed before me this ~~-day of October, 2002. , ' ;' Notary public ANTHONY F. BRUNO COMMONWEALTH OF PENNSYLVANIA COMMISSIONER OF DEEDS My Commission Expires 7/5/05 13.2442 This letter is to notify and give notice that I Charles F. Borromeo has reviewed and analized the hard drive, that was installed in Bob Pinci Kehtron Computer, with the following specifications. Manufacture IBM Model # DTLA-307045 SERIAL NUMBER yMMC8363 part number 07n5640 Digital Stamp ID 07N5640F803260POA. This hard drive was installed in Bob Pinci computer and given to C.B.Electronics Inc. for the expressed reason of recovering data related to Last Will and Testament of John F. and Sarah Betty Stevenson. I have recovered six documents and supplied all satatics and data. The summery of that data is as follows FILE NAME DATA BYTES DATE CREATED DATE MODIFIED DATE PRINTED Last Will Betty.doc 23,040 08/16/2001 08/16/2001 08/16/2001 Last Will John.doc 23,552 08/16/2001 08/16/2001 08/16/2001 Living Will Declaration 25,088 08/15/2001 08/15/2001 none John. doc Living Will Declaration 25,088 08/15/2001 08/15/2001 none Betty.doc General Power of 28,672 08/15/2001 08/15/2001 none Attorney John.doc General Power of 27,136 08/15/2001 08/16/2001 08/16/2001 Attorney Betty.doc Charles F. Borromeo q~-~-.~ +'". - - d Subscribed and sworn to me this '"~:~ ~ ay of ~ 20 °~ 1, . i Notary Public: °V ~"'"~" ~ ^ Notary Public Delaware Commission Expires 12/8I~04 VERIFICATION I verify that the statements made in the foregoing "Supplement to `Petition for Grant of Letters' Regarding Probate of an Unsigned Copy of a Lost Will" are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ' CERTIFICATE OF SERVICE I, Neil E. Hendershot, Esquire, hereby certify that I served the Supplement to "Petition for Grant of Letters" Regarding Probate of an Unsigned Copy of a Lost Will, via hand delivery, upon all parties, namely: Warren Klunk, Chief Reports Reconciliation Division Bureau of Individual Taxes Pennsylvania Department of Revenue 5`~ Floor, Strawberry Square Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. ~., .. Date: October 18, 2002 By: / ~ c~ =3~ _~ Neil E. Hendershot, Esquire In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ORPHANS' COURT DIVISION JOHN F. STEVENSON, Deceased No. ~ ~ - D~ - ~ n,~ 2- AFFIDAVIT REGARDING TRANSCRIPT OF SEPTEMBER 16, 2002 AND NOW comes, Kim D. Pinci, who being duly sworn, deposes and says as follows: On September 16, 2002, I met with Neil Hendershot, Esquire and Cheryl L. Baker, CLA, at the office of Goldberg, Katzman & Shipman, P.C. Z. With my consent, a portion of the meeting was recorded, which became the subject of the "Transcript of Session", which is attached to the "Supplement to `Petition for Grant of Letters' Regarding Probate of an Unsigned Copy of a Lost Will", filed October 21, 2002, presently before the Register of Wills of Cumberland County, Pennsylvania, for consideration. I had reviewed the Transcript, and, on October 4, 2002, I had affirmed under oath before a Notary Public, that the Transcript was accurate, and that the facts stated therein by me were true and correct. 4. I now appear before the Register of Wills of Cumberland County, Pennsylvania, and, again, under oath administered by an authorized official of such Office, do hereby affirm that, as of this date, the Transcript is accurate, and that the facts stated therein by me- true and correct. -~,L~ o ~ Kim D. Pinci' Sworn to me this day of November, 2002. For the Register D IN RE: ESTATE OF JOHN F. STEVENSON, IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 21 -02- (~~~ ORDER OF REGISTER AND NOW, thisa~~ day of ~ ~ ' J 2002, upon consideration of the Petition for Grant of Letters and Supplement to "Petition for Grant of Letters" Regarding Probate of an Unsigned Copy of a Lost Will, specifically including, inter alia, a copy of the proposed Will to be probated and the Transcript of Session between Neil E. Hendershot and Kim Pinci, with attached Affidavit of Kim D. Pinci, dated October 4, 2002, and no objection having been received from the Commonwealth of Pennsylvania, after notice given, it is hereby ordered that the undated copy of the Last Will and Testament of John F. Stevenson, offered with the aforementioned Petition for Grant of Letters and the Supplement thereto, shall be admitted to probate and Letters Testamentary shall thereupon be granted to Kim D. Pinci. In light of the above-described Petition and Supplement thereto, and the evidence furnished therein, a hearing with respect to the Petition is waived. r. ,,~, f ~ DONNA M. OTTO First Deputy Register of Wills ~ Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of John F. Stevenson also known as ,Deceased No. Kim D. Pinci Robert~~Pinci n ~;~ (each) a subscribing witness to the ~ codicil(s) ~X wil~presented herewith, (each) being duly qualified according to law © JJJ depose(s) and say(s) that she/ he/ was/present and saw the above Testat) sign the same and that she/he/~rsigned a -{- ~^ 'I a witness at the request of Testa~-in his/eir presence and X^ in the presence of each other XD in the presence of the ~~~ other subscribing witness(es). / ' t ~ , ~L,." ~~ ~ ~~`-_ (Signature) Kim D. Pi4~tci 1012 Regimontal Drive West Chester, PA 19382 (Address) ~f~~ ~ (Signature) Robert Pinci 1012 Regiomontal Drive West Chester, PA 193$2 (Address) 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 commission.) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Prepared by the Pennsylvania Bar Association Copyright I;c) 1996 form software only CPSystems, Inc. Form #RW-2 (1991) IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS JOHN F. STEVENSON, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased :ORPHANS' COURT DIVISION No. 2002-01022 CERTIFICATION OF NOTICE UNDER RULE 5.6ta) Name of Decedent: John F. Stevenson deceased Date of Death: July 29, 2002 Wi11 No. Admin. No. 2002-01022 To the Register: I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on December 18, 2002: Kim D. Pinci 1012 Regimontal Drive, West Chester, PA 19382 Notice has now been given to all persons entitled thereto der Rule 5.6(a) except N/A . Date ,~ ~~ ~~_'-~= Signature ,~'J ,~ -~,~- ""~O~-~~-t/' `~ ~~ Name ~ eil E. Hendershot. Esquire Address Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone X717) 234-4161 Capacity: Personal Representative X Counsel for personal representative 105.805 REV 9B( This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local F:egistrar. The original certificate will be Forwarded to the State Vital Records Office for permanent f ling. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 ~ 8483087 ~~. tflos 143 Hay-z;e/ TYPEIPRINT IN PERMANENT BLACK INK 1 ~)I n ~i 0 2 ,[.t Local R gistrar .,/ ~~ ~~.~- ~ate COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH NAME OF DECEDENT (Fast, M'altlle. Last) SE% SOCIAL SECURITYNUMBER DATE OF DEATH IMonln, Day, Year) ,. 3•oHn~ F ST~v~ Sort :.MALE 7. /(a~ - ab -~/9Y3 4 Jug 22 Zvi` AGE (Last Bumday) UNDER ,YEAR UNDER ,DAY D/7E OF BIRTH BIRTHPLACE (City antl PLACE OF DEATH (Check onyone - sea irutruclioM on ether side) Months r Days Fburs ) MlnNSe (MOnm. DaY. Year) Slalea Fwaign Country) FIOSPRAL: OTHER: ~-/y ~y ' Yra. PR 34 rq3 S A tleM ^ ERIOU1palNrd ^ Dcv, ^ ^ R iW '~ a pen ^ ~ „ - 6. ` NA Mo IuN P • es rra - tyl S a COUNTY OF DEATH CRY. BORO,TWP OF DEATH FACILRV NAME(Ilnd m5lilWion, give sfreM antl camber) WAS DECEDENT OF HISPANIC ORIGIN7 RACE-American lrldlan,BMtk, WTee, M<. lSpecnYl No ® Yes ^ H ySe apecily CuMn , , CUMB~acRNID NA-s~PO1~N 3684 FRa~vku~u Au[~ Mexkan.Pa.rtaRican,MC. ~~~-r// • eb k b . . . 9. te. PP _ DECEDENT'S USUAL OCCUPQK)N KINDOF BUSINESSHNDUSTRY WAS DECEDENT EVERIN DECEDENT'S EDUCATION MARITAL STATUS-Manied SURVIVING SPOUSE ' (Give kmddvmrk tlor,a tlurirrqq ost U.S. ARMED FORCES7 h N,vM Mani W, Wldowa0, (Il vole. gwe meitlen name) e of working tile; tlo red use refir tl.) Y ~ ^ ENmsntvy/Secantlsry CdNga Oiyores0 ($pe may) ~ ~ es NLM6n1 / NDl1iT2//~ 1o-+z1 (t4orsi) te.W /OG4U(( 15, DECEDENT'S MAILING ADDRESS (SOeal.City/Town, SLSte,2p Catle) j DECEDENT'S ppII ACTUAL 17 St iT ^ V H (~tPOeN ~ 36nq FRAM-Lk(-pv /1 V6 . a. cl J elb Ditl 6e, decaamlived in ~ twp gESIDENCE CxaCSry (See instiucliena Hve N a /~6~~KAn~ICSQc.n~ PA ~]OY"8 onW,ersidel CuMB/~LA^~ IownebW7 ^ ~ n ~ wium~ ~ ,,. ,7b.cogn ,7e. ina w H L .o, e~y~am FATHER'S NAME (First, Mitltlle, LasQ MOTHER'S NAME (Fkg, Mitltlb. Maiden Surname) ,. UNK,vuunl ,a. UNK~vctL+U INFOR ANT'S NAME (TypflrPriN) P " INFORMANT'S MAILING ADDRESS ISk CilyROwn, Seale. Zip Code) ~ i,uci 2ga. im D• 2gb./O /2 ~ennotiT~ toe. Ct~sr u/~~tan ~A 14.~~. MF'THOD OF DISPOSITK)~~NAI ^ ^ DATE OF DISPOSITION (MOn1h Year) Day PLACE OF DISPOSRN)N-Nome ofGmetery, ClemelOry Or Olney Place LOCATION-CilylTown, Slale,Zp Cafe Burial LM Cremalion Removal from Slal6 i , ,alWn~l aner(specny ^ , , A CZ q(16' ~1 1 fC~ttl t R v CC VK2( L ~ ' 1 ~~ . l { _ , / 17 x,b. , t r A 6G 2tc. G ~(i/ G y( 17J'2 z,a./ ' SIGNAT E U RAL SE VICE LICEN PERSON ACTING AS SUCH LICENSE NUMBER NAME ANDA ESS OF FAGL ) • era / (~ 22b. ill v ~~ 3 ~ x2e ! ~ ~ //LC ~ IICI Y~7AAk 2~ f (~Aw'1P hl:,1i f'r r "~n, t Compl aflame 23at nceN ToIM Oast of mykrowletlge, death occured allM lime, dale and place slaletl. LICENSE NUMBER DATE SIGNED phvs~ciendnW avails a Ilme of Oealn to ei lily cause of death. (Siynalure and TSle) IMornh. Day, Ynarl 2L. 230. 23c. hams 2426 mustMCOmpletetl 0y TIM E Of DEATH DATE P RO NOUNCED DEAD(Ma,th. Day.Y r) VNS CASE REFERRED TO MEDICAL E%AMINEFUCORONEfl7 - Pei son who Vronounces tlealh. ~^ y M~1` ~~a pI -~ T , L Yec.d~ Nq^ J v ~ ~ 1~ GZ FI M. 21 /Y " 26. ' 2e 27. PART I: Enter Ina tliaeasas. injuriea or cOmPlk,lgns wnicn cauaetl lha d.tln. Do cal emer Ina mode oI dying, such as cardiac or respiratory arrest, stack p Marl leaure. i Approximate PART H: pher sgndiranl coranrons cannbueng to death Iwl LI91 only one cause on each line. I IManU Delween nq raauaup in Ina underryirp cause PART 1 green m I orl5et 0114 death ~ L IMNEINATE CAUSE (Fowl / I / I x dm v ~ sease ur con un / LZ, Yt e~nony.n deem)-+ a GGLLGG~~LL ~LLtt~,P/l__ DUE TO (OR ASACONSEOUENCE OF): _ Sequannally Iia1 wn0eions 0. ' A any, leading to immediate DUE TO (OR AS A CONSEQUENCE OF): I Enter UNDERLYING 1 CAUSE (Diseasem mlury C. • ~.hal unlialW eyeMS DUE TO (OH ASACONSEOUENCE OF)'. _ L esulling In doalh) LAST d. ' WAS AN AUTOPSY WERE AUTOPSY FINDINGS MANNED OF DEATH DATE OF INJURY TIME OF INJURY INJURY AT WORK? DESCRIBE MOW INJURY OCCURRED PERFORMED? AVALLABLE PRIOR TO (MunR1, Day, V r) COMPLETION OF CAUSE 7p~ ^ N t l !J^ H i id OF DEATHT a ura . om c e Yes ^ No ^ ~I Accitlenl ^ Pentling lnvesligalion ^ ^~ ll M ~ IOC 70d I Yes l..J No qq jq Yes ^ No ^ Suicide ^ Could not be determined C~ pLACE OF INJURY ~AtMme, Iarm 8lreeL tatl ory, oHiCe LOCATION (SOee1. CIIyITCWn SIa1e1 ' buiw~ng, eta Ispec~ryl 29e. 2BD. 28. • LOS. 701. CERTIFIER IChd'k Unly one) SIGNATUflE AND TITLE OF CERTI 'CERTIFYING PHYSICIAN (Physician cerulying cause of death when anurtlel physican has Vlunounced tlealh and coinpleled Ilan 2:3) ~ /A J ' To Ne MM of my kmwMdee, death occurtad due to LM nuvp) and manna as etadd .................................................. v 710. ~ ' - LICENSE NUM BER DATE SIGNED IMnntn Uay. vuuil •PRONOUNCINO AND CERTIFVNLG PHYSICIAN IPnyscan twlh Vronpuncny Beam antl canJytny to cause of death) ... To IM Met of my knowledge, death oc~urred,t iM Ilme, date, and Place, arM due to lhs tau,a(e) arM manner as ,bled ...................... ^ ~a ~v OlV 9 2) /~ ~I y3-f /! L C~C~L 710, `~ Jtd. ~N j _ 'MEDICAL E%AMINERlCORONER NAME ANO ADDRESS OF PERSON WHO COMPLETED CAUSE 6F DEAiM (Item 27)Type or Pam ~ /~ n ^ ~ Fh ~ C~ ~"~-~~ rL"L(f ( On the Dasls of axaminatlon and/or Investigatbn, In my oplnlon, dest0 occurred at Lhe tlma, date, and place, and due to Lhe cause(s) and ^ ~~~) j f c-.mac c /* try manner sa sbte0 .. . ............................................................................................... REGISTRAR'S IGNATURE AND NUMBER DATE F IL E D (MOnI Day, Vear) R ~'•~~/(1~'/~~ ~ D~ ~ w /1 ,, /l/~'~1.[A1~y', ,/`r.1~. 33_ ~ ~ (.L~p 7Yy WKX / 1 l/-~-1M-'I / W AG^~`~-~ I /~ /~ / ~ / ~V ~~ / / ~9V J ~ /. ~~V 1 U ~~ 32(; Vii.-~RKr.~r S~raEr:~r • S~rR,aw~":RR~~ ~~~it~R": P.U. l3<~x 1268 • HaRRtsst~RC,, P":~~~}~i,}~.~~i,} 17]08-1'_hR 717.Z3Y.4161 • 717.234.6808 (FAQ) VlI~J GOLDBERG, KATZMAN ~ SHIPMAN, P.C',, Ar~~~c,R~sv~ n~r Law October 18, 2002 Register of Wills Attention: Ann Cumberland County Courthouse 1 Courthouse Square o" c~>~ ~~":~ F L":,, sH„>„_~~ Carlisle, PA 17013 Re: Estate of John F. Stevenson, deceased 1:~.>1. tiSEL ~o~~ii ~, h. Loch ~R~.r~_.u ~3. ~:~,<;,}~ Dear Ann: ~~-°a'-1~~-2- Pursuant to our telephone conversation today, enclosed are an original and vz~H~~R ~,. <;<~~:.,»":R~; two (2) copies of the Supplement to "Petition for Grant of Letters" Regarding r ~ <„ ; .zooo' probate of an Unsigned Copy of a Lost Will to be filed for the above-referenced ~IaRR? H. `'"`""B''R`' t~ys~-t99s> Estate and an on mal death certificate for Mr. Stevenson. As ou will see, we have g y attached the actual probate petition to this Supplement as Exhibit `A ". Please time- stampthe extra copies and return them to me in the enclosed self-addressed, stamped u°"-'.~ a ~: ~' ~`'.~~ envelope. I have also enclosed a check for Two Hundred Ninety Dollars ($290.00), F'" '. J I':,''~""" ofwhich Two Hundred Sixty-six Dollars ($266.00) is forthe probate fee and Twenty- e n. ~j ": `"": R,H," four Dollars ($24.00) for the filing fee of the Supplement. ~r"~o~~ },; r, xRf:.~P:R Additionally, today we have requested an original death certificate for Mrs. ~ °" ` .` 5' ' T ` `. R Stevenson from Vital Records since she predeceased Mr. Stevenson. As soon as we ~'''t". L `' R:"``-c:''' ~' have the certificate, we will forward it to you. JF' `".R""` ~. s'~"'"~~ If you have any questions, please feel free to contact me or Neil E. f I~.RRt ~ K~~.~,<-' Hendershot, Esquire at the above telephone number. Thank you for your assistance ~i":'"'''' .~. `'R`'`:":~" in this matter. THi~Va~ ]. 1ti~F. I3ER Very truly yours, J~>>i~ U ~L~~R".ti~zo C 1 L. Baker, CLA l~AA(I~ ~1. Si ECR":1. Certified Legal Assistant H":A1'HP;R L. FERVSLF.R Enclosures cc: Kim D. Pinci Warren Klunk, Chief 86457.1 CARLISLE OFFICE: 717.24$.0$97 • PORK OFFICE: 717.843.7912 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 002508 PINCI ROBERT D 1012 REGIMENTAL DRIVE WEST CHESTER, PA 19382 fold ESTATE INFORMATION: ssrv: ass-2s-4s4s FILE NUMBER: 2102-1022 DECEDENT NAME: STEVENSON JOHN F DATE OF PAYMENT: 04/29/2003 POSTMARK DATE: 04/29/2003 COUNTY: CUMBERLAND DATE OF DEATH: 07/29/2002 REMARKS: ROBERT D PINCI CHECK# 436 SEAL ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ~ 52,926.37 TOTAL AMOUNT PAID: INITIALS: DO RECEIVED BY: DONNA M. OTTO REV-1162 EX(11-96) 52,926.37 DEPUTY REGISTER OF WILLS REGISTER OF WILLS Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of John F. Stevenson also known as Deceased No. 2002-01022 Date of Death Julv 29, 2002 Social Security No. 168-26-4943 Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the fdlouuirtg invenkory include aA ofthe personal assets wherever situate and aN of the real estate in the Commortwealth of Pemsylvania of said Decedent, that the valuation placed opposite each ltem of said Inventory represents its fairvalue as of the date of the Decedert<'s death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvaniaexceptthatwhichappearsinamemorendumattheendofthisinventory. UVVeverifythatthemadeinthislnventoryaretrue and correct. UWe understand that false ~ herein are made subject tothe penal to authorities. Name of Attorney: Neil E. Hendershot, Esq. I.D. No.: 23316 Address: Goldbers~, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 Telephone: 717-234-4161 Description Value 1. Real estate located at 3609 FranMin Avenue, Hampden Township, Cumberland County, PA - X143,560.00 valued per county tax assessment 2. Commerce Bank checking account no. 0032043531 -valued per Account Report dated 4!24/03 3,378.86 3. Personal property -valued by Executrbc 500.00 4. 2002 Saturn L300 -valued per Kelley Blue Book 10,935.00 w ~`y O ~~,,,I .a,.+ ~ ^~` ~~ A;) ~.. S...l.. I ,, „~ .. ... .. IV r ~ ,;: ~:. : . ~ ~ ~ N (Attach Additional Sheets if necessary) Total: NOTE: TheNlerrarandumorreal eshateautsidelheCarrrrarMSeNhofP~enrreylvarramay,althea!ectiandlhepersonalrepreserdatnre, indudethevalueofeach item, txRsuch figures should not be extended into the total of the Inventory. I05.905 REV.(09/00) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~08.~-,.~5. ,~->--. Robert S. ~erman, Jr., MPH Secretary of Health ~14~~55 No. H105. iii Rw. 7187 i YPEI-RINT IN PERMANENT BLACK INK ' C-. F+ z °w U O O 2 Charles Hardester State Registrar ocr 21 zooz Date 080946 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH NAME OF DE EDENT IFxp. Middle. Leal SE% SOCIAL SECURITY NUMBER DAT DFaTN,M .Day,'~bar) AGE ILap Bidndayl UNDER 1 YEAR UNDER I DIO~ OA7E OF BIRTH BISiTHPLACE (CAy ar4 PLACE OF DEATH 1C'heclr avy da-- ses.rMruCLana m dlho sae{ MdaAa . Days Hdwa MhAea !MOnln, Wy,'nerl SMIadFawq,CaH+aVl HOSPITAL: OTHER: ~ ~ 3 rn. - e>nuGad t 418 T.Fh~gv,?,~- PA b1Pau•rII id ERIpWaliam U DW ^ ^ ReWwnce ^ 1'SWcMI ^ COUNTY OF DEATH OfY, BORO. TWP OF DEATH FACKITY NAME IH nd xwtTmdn. give steel arty num0ar~ WaS D ECEDENT OF HISPANIC Og101N? RACE ~ Amenean Indian, &eck, Yrt,i1a. eft. p r W ICI ». ^ M yN, apacdy CLOan, ` )/ M.airar,, P,Mno Rkan, pe. Lc/fl l [1 DECEDENT'S USUAL OCCUPATgN %WD OF BUSMIESSANWSiRY MMS DECEDENT EVER IN DECEDENT'S EDUCRIDN MARRALSWUS-ManiW SURVIVeIO SPOUSE (Give vdawaa oorls Mx,q map U.S.ARMED FORCE57 n adec Never Martwd NAddwW , , IH wN. qve nnxlenrwiq a.akinq Hb: dH na uea raxed.l r DNdt~~p .Y, ^ N ~ E ~~ ~. sa o ~.Y~ - ,,.GuA S rsoD + ~' ~nAGI~ ,:. Ia,s o..a5.1 E~KItI ,~ STQ'1!j"NSCInJ ,a , DECEDENT'S MAKING ADDRESS (SHM. Caylkwn, S,ab.74Cdfe1 DECEDENT'S ,~A P ,Ta SM o - 36aq F2~L7x~ini ~Vi-/ . b Dd ,Td.161 Rw dNadarH Hvad ~ dacedpa ~. M~cK~tulcslSG/~ PA 17oro (See xamcaar Hve p a,«I~pde, na~sRu1N~ ? c ~~ ,. ' r,/ ,>a ,Td.^, a dlYrEare. FATHER S NAME (Fxp. MiddM. Ldpl MOTHER'S NAME IF 4 Mgpe. Maben Srrname) EIFORMANT'S NAME (iyppgrir,p i 1 ~ N INFORMANT'S ADDRESS IStmp, Ci,y/fin.9w, Zq Code, 70L O N. 0n N J 7.,..36uY FRAivkUn/ AVM /~1/`GXdNlr3Q~r~., eA r 17G~ ~ MET110D OF dsPOSI71g1 _ r~]~I, Cnmafm^ MmwalbdnSMn^ DRE aF dSPOSITION (Mmn .DM. ,b I PLACE DF dSPOSRION-Names Cempary, cranM,dry orOIMrPMCa LocalDN.c ayrtorm, sIp•, ro cod. ^ DHnpion^ OH1p(Sp.~ .:1~ C p ~ + 7T.+..)~t 1 ~ ~OI p' ~,~ 7x.~Vgra~rc~/CA~ ~.d~/~Qf6I2 I x,a.I~2~~QU/1(i PA FV SER NSEE OR PERSON ACTING AS SUCH LICENSE Nl1MBEA NAME ANDAd]RESS OF FACIU7Y 77a. ae. fD OI Y7 L 77e. lLL 3YG' ARk6'r ST~ CA >° oil CdnpMtaH onlywMn uHHying lolM eepdmy bbwNgl., deab OCearadM db ume. daro and Wace soled. LICENSE NVMBER DRE SIGNED c'ar i6 a bla N time of depa b (Sq.Me and Tile) (MOdK Dry, Ran 7]a Mnp 7L2S nwpltN wmpMtad try E~DEATN DREP NCED DEAD dnm, Rat) WA$CASE REFERRED TO MEDCAL E%AMINER20RONER? parson vdb pmrqurMaa daW,. ~ ^ m 0 ~. Na 0 2•. ~ M. K. / 7K S7. MRT 1: En,N HM dirasea, injuries d ronlpa[atas vrMCll dosed HN d.pa. Do na sent IM o dyvg, as prdiac d respir ory arrpt. stack d Man lailde. i AppmaimMa PART q: OHwr signiHan conQRmaoonviEltlq b paaN. bA Lip Oay Ona cause on aatll Yna. nam.MwgpH n u M a R M p ausa gives it PART I. i •n•p art daaN .MIEDIATECAUSE 6mal ~/1 , t ~ O /% dumacddiHOn /J I ~~"" / / radkrp r deaH,l-- fJ i ~N DUE 7D RAS CONSEQUENCE OFy. SgwMiaEy 1"at mrldkiom 0. iar,y, laarfrgbirnn,adiale dR 70 AS ACONSEOUENCE QFI: I Enbr IINDERLYNq ; CAUSEIOisaaas a'wFxY c tM1ir,4Med avpxa DUE TO (dT ASACONSEOUENCE QFI: _. - r„a,Yp n d•anl LAST I a. WA.S AN AUTOPSY PERFORMED? WERE AUTOPSY FINdNGS AMVUBLE PRgR TO MANNER OF DEATH DATE OFIWURY TIME OFIWURV IWURY AT WORK? DESCRIBE fIpNIWURY OCCURRED. OF DERN7 CAUSE ^ Nalvp ~ Il id i (Mms,.Ory, ~) ` orn t e AttideM ^ Pending lmpligalior, ^ Yes ^ NO ^ ~~~yyy Ra ^ No OG Vea ^ No ^ Suicitla ^ CaJd notNOerommr~ad ^ PUCE OFIWURV.AI Ibme nrm~ep bclo oMt M. ~. LOCATMJN S l / 2k 7ae. T!. . . ry. a ( tep. Cdy/ wwr.SWa euerfviq, erc.l5pecryl 70a. ]O,. CERTIFlEA 6n•tlc arxyaW 'CERTIFYING PHYSICIAN (Pnysxancerpyxg case tl deals when arwlM anvscan nas dorvA,r,ced deem and cdnpHed Hem 731 Tw Sn eW el m kr abd d d d Q SIGNATURE AND TITLE OF CERTIFIE y b ga, ea eaum ua b S.a uuae(al and manner a,d+tw ..................................................... 710. •TRONOUNCMG AN~CERTIFYHIO PNYSK'IAN/F1.yxun odh dd~amnng seam and cerWybgrowusea aeaml LICENSE NUMBER Q / 9YJ Li DIPE SIGNED (MOM, Day. Rat) Y Medgw, deaM ouurred a[ Ole tlnw, data, sM platy, and dw b Ole uuaa(a) ant manner as aMl,d .......................... ^ M d Q ]it. 30 Wr// 710. ) NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE DEATH 'MEDICAL EXAMINER/CORONER (Item 27)Type ar Print X-L p.y„G/y Q. GpA-Yir MI On tM Easia of eaamina,bn and/or investigation, in my opinion, death xcurted a, the tlme, data, and plan, ant due,o,he cause(s) and !i 2 s y //yKJ! ,/jf/ ^ manner as ata,•d ........ ....................................................................................... ],a. n 77. ~y~ /.I-r ~/! /rce /Jr // REGIST q'S SIGNATURE AND NUMBER ~~ ! DATE FILED (MOnm. Oay. Red 320 ,13.-~RK~:~r S~rREN:~r S~rRAw~nERR~~ S~,r.~Rr: P. O. Boa 1268 • HARRI.vRt~~RC, Pe~~~~sv!.ti~A~~+A 17108-1ZG8 717.?34.4161 • 717.234.6808 (FAx) GOLDBERG, KATZMAN c`a' SHIPMAN, P.C. A-; "f t)R1'b; 1'S A'I~ LAW October 24, 2002 Register of Wills Attention: Ann Cumberland County Courthouse o, r::,t N.4EL ~~ ~+..: s+~t+~sLw 1 Courthouse Square Carlisle, PA 17013 c~,+rv~F:+. Re: Estate of John F. Stevenson, deceased ~~,~,,I ~ is. LocK ~~~~~>;,~ B ~+>~;,» ~~ -oa- - lo~a- Dear Ann: AR+I+: ~ L. ~,,~~,.I)RER<, Enclosed is a death certificate for NII'. Stevenson's wife, Sarah Betty `~ `"''"0D' Stevenson. Please place this certificate in the file. i~ARR! B. ~.itli.i)RF:RG yt, 1 -1948 ) If you have any questions, please feel free to contact me at the above telephone number. Thank you for your assistance in this matter. F.+a~ ts.+~ !~i K ~ rz~+A ~~,: +.1 F,,~~os++~r+ Very truly yours ~61L ~I:A h': R~Hi)'i' ~. ~ 11 C~OOPF,R ~' "I'I+c~i ~+ E Bit+-a~+-:R ~~:;+ ~ ~. ~ ~ ~.++.+:R Caryl L. Baker, CLA ~+>R~+, r.. ~~+~R,'«.--~+'~+^,~ Certified Legal Assistant (;("1 `._ ~RUORS f P:Pf~+~.RS~~+~ ~+++P~,A~ Enclosure I+:R+.~, 1 RcsSC+ :~I[c++AH:;. J. ~.XUCF;IvII 86457.2 S~I~F.I-E'~ H - OR+. AR Jnli': I~'r: i~oRF.:~ZU ~+iF'ti k. ~1AOSKS Rotr,t: L. ~IoRR+s ~~~~-l~:~ ~'`. S 1 F.CKtiL HF.~TIiF.R L. I'+'_(iASLER i CARLISLE OFFICE: 717.245.0597 YORK OFFICE: 717.843.7912 7-~~ ~-~ COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 280601 HARRIS8IIRG, Pa 17128-oboi NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 EX ~FP (O1-OS) ~~~.,, f DATE 06-03-2003 -_ ESTATE OF STEVENSON JOHN F DATE OF DEATH 07-29-2002 FILE NUMBER 21 02-1022 ~O3 ~iUti -6 Ili :c~~ONNTY lO1BERLAND NEIL E HENDERSHOT jj~~ 320 MARKET ST Amount Remitted PO BOX 1268 l': r=. _ HBG PA 1710~~x~8 ,,_ _ _ MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS ~ ---------------------------------------------------------------------------------------------------------------- REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF STEVENSON JOHN F FILE N0. 21 02-1022 ACN 101 DATE 06-03-2003 TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule El 6. Jointly Owned Property (Schedule Fl 7. Transfers (Schedule G) 8. Total Assets (1) 143,560.00 (2) .00 (3) .00 (4) .00 (5) 14,813.86 (6) .00 (7) .00 (8) NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 158,373.86 APPROVED DEDUCTIONS AND EXEMPTIONS: 29,792.05 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 10. Debts/Mortgage Liabilities/Liens [Schedule I) (10) 64,982.17 11. Total Deductions (11) 94.774.22 12. Net Value of Tax Return (12l 63,599.64 13. Charitable/Governmental Bequests; Non-elected 9113 Trus ts (Schedule J) (13) .00 14. Net Value of Estate Subject to Tax (14) 63,599.64 NOTE: If an assessment was issued previously, lines 14, 15 andior 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Aeount of Line 14 at Spousal rate (15) •00 X 00 = .00 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 63,599.64 X 045 = 2,861.98 17. Aeount of Line 14 at Sibling rate (17l .00 X 12 = .00 18. Aeount of Line 14 taxable at Collateral/Class B rate (18) .00 X 15 = .00 19. Principal Tax Due (19)= 2,861.98 TAY f`D CTITTC• DATE NUMBER + INTEREST/PEN PAID (-) AMOUNT PAID 04-29-2003 CD002508 .00 2,926.37 05-27-2003 REFUND .00 64.39- TOTAL TAX CREDIT 2,861.98 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS RE@UIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ~ /~ ~~ ~ / ! ~ ~' BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 NEIL E HENDERSHOT 320 MARKET ST PO BOX 1268 HBG COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT REV-1607 EX RFP (01-037 _. i i'_' ~: DATE 06-0 - 03 ,._ ESTATE OF STEVENSON JOHN F DATE OF DEATH 07-29-2002 FILE NUMBER 21 02-1022 '[j j ~J;,; ~) "'_ :'[jOUNTY CUMBERLAND ACN 101 Amount Remitted PA 1710'S~ i.ZbB MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS ~ ---------------------------------------------------------------------------------------------------------------- REV-1607 EX AFP (01-03) *** INHERITANCE TAX STATEMENT OF ACCOUNT ~~~ ESTATE OF STEVENSON JOHN F FILE N0. 21 02-1022 ACN 101 DATE 06-09-2003 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 05-27-2003 PRINCIPAL TAX DUE: PAYMENTS (TAX CREDITS): 2,861.98 PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PAID C-) AMOUNT PAID 04-29-2003 CD002508 .00 2,926.37 05-27-2003 REFUND`S .00 64.39- TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE I TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 2,861.98 .00 .00 .00 /1-10/- / .; REV-1500 EX + (6-00) OFFICIAL USE ONLY CAPB HpRL EplO CRAC KOTK ES REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER D E C E D E N T COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, fA 17128-0601 DECEDENT'S NAME(LAST. FIRST, AND MIDDLE INITIAL) Stevenson John F DATE OF DEATH (MM-DD-YEAR) SOCiAl SECURITY NUMBER 168-26-4943 THIS RETURN uusr BE RLED IN DUPlICATE WITH THE 21-02-1022 COUNTYCOOE YEAR NUMBER 07 29 2002 IF APP leA LE SURVIVING S 0 REGISTER OF WILLS OCIAL YNUM X 1. Original Return 4. LImited Estate X 6. Decedent Died Testate 2. Supplemental Return 4a. Future Interest Compromfse (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach copy of Trust) Spousal Poverty Credit (date ofde.th between 12-31-91 and 1-1-95) o 3 ale of death . RemalnderRetum lor to 12-13-82) 5. Federal Estat. Tax Return Required 8. Total Number of Safe Deposit Boxes (Attach copy of Will) o 9. LItigation Proceeds Received 010. o 11. Election to tax under Sec. 9113{A) (Attach Sch 0) C P o 0 R N R D E E S N T C o M T ~ A T X A T I o N NAME Neil E. Hendershot, Es uire FIRM NAME (If Applicable) Go1dber , Katzman & Shi man, PC TELEPHONE NUMBER COMPLETE MAILING ADDRESS 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 4- 1. Real Eslate (Schedule A) (1) 143,560.00 OFFICIAL USE ONLY 2. Stocks and Bonds (Schedule B) (2) N oI\f) 3. Closely Held Corporation, Partnership or (3) Nons 0 S ::o$l Sole-Proprietorship ::i CD <? 0- Q2" '~ 4. Mortgages & Notes Receivable (Schedule D) (4) NonD' ;:;< In r'l R 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) 14,813.81' =< :F'~- ~" E (Schedule E) I C N A 6. Jointly Owned Property (Schedule F) (6) P 0 ;a I Separate Billing Requested T (7) ~ U 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property L (Schedule G or L) W A T 8. Total Gross Assets (total Lines 1-7) (8) 158,373.86 I 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 29,792.05 0 N 10. Debts of Decedent, Mortgage Liabilities, & liens (Schedule I) (10) 64,982.17 11. Total Deductions (Iotal Lines 9 & 10) (11) 94.774.22 12. Net Value of Estate (Line 8 minus Line 11) (12) 63,599.64 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been (13) made (Schedule J) 14. Net Value Sub-ect to Tax (Line 12 minus line 13) (14) 63,599.64 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(aX1.2) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. X .0 0 .0 45 .12 .15 (15) (16) (17) (18) (19) X X X X 0.00 2,861. 98 0.00 0.00 2,861. 98 63,599.64 Copyright (c) 2000 form software only The Lackner Group,lnc. Form REV-1500 EX (Rev. 6-00) Decedent's Complete Address: STREET ADDRESS 3609 Franklin Avenue CITY I STATE I ZIP Mechanicsbur" PA 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payrnents A. Spousal Poverty Credit B. Pr~r Payments C. Discount (1) 2 , 861. 98 2,926.37 Total Credits (A + B + C) (2) 2,926.37 3. Interest/Penalty if applicable D.lnterest E. Penalty TotallnterestlPenalty ( D + E) (3) 4. If Une 2 Is greater than Line 1 + Line 3. enter the difference. This Is the OVERPAYMENT. Check box on Page 1 Line 20 to reqUMl a refund (4) 5. It Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (SA) B. Enter the total of Line S + SA. This is the BALANCE DUE. (SB) Make Check Payable 10: REGISTER OF WIlLS, AGENT !!!iilmmmmmmmmmlll1J1IIIII!I!!!II!ilil!mmmmmllJ]jjJ!!!il!l!illIlil!II!lmmmmmmmmmmmmmmmmmmmmmmmmlilllli!III!I!!llllJW!llIIIIJIJIII!JllllllllilllllllllilllllllllllllllllllillIlillll!llllllllllllllilllW 1Il!JlllllllllllIJillllWlll]IIIIIWillllJJ1Il!]lllilllllllllllllmmmmmrrlllmll!r PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Ves No a. retain the use or income of the property transferred; . . . . . . . . . . . . . . . ~ ~~x b. retain the right to designate who shall use the property transferred or its income; . c. retain a reversionary interest; or, . . . . . , . . . . . . . . . . . . . . . . . . . d. receive the promise for life of either payments. benefits or care? . . . . . . . . . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? , . . . . , . . . . . . . . . . . . . . . . . . . . . . . D 3. Did decedent own an ~in trust fo( or payable upon death bank account or security at his or her death? " . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' ...... 0 4. Did decedent own an Individual Retirement Account. annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 0.00 64.39 0.00 0.00 0.00 []] []] []] Under penalties of perJury, I declare that I have examined this return, Including accompanying schedules and statements, and to the best of mj knowledge and bell&f, It Is true, correct and complete. Declaration of preparer other than the personal representative Is based on all Information of which preparer has any knowledge. SIGNATUAEOFPEA ESPONSIBLE FOR FILING RETURN Kim D. Pinel C....TE - - ~~~~ -~:~~~i;~~/"t~j82- -- - -- - -- -- - -- - -- - -- - - o;4/0~ Goldberg, Katzman & Shipman, PC OAT '1;;;';';W;;I;;;";H';';;';';!~~~~~~~~?I~.;.~:~~:~:~,t~~~t~~-~~'~'~:~i:'i'~';'::: ;:.;:,;:;; ;,.:;. ''if.;f i:14 ~ ,i :' !;i!!!ii!i!!!idi!!iii!!ii!i!!!i!!i!!!ii!!"''''''''tl''''I',''I,I'''"',,,,,,,,,"1:''',' , :'1,"'111 "'1,'1',,:"1,,",1'1' II:' II "'I{'"j""I, "":' '1,/'"""",""",,1,,"",,,1,,, , For dates of death on or after July 1. 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. 9116 (a) (1.1)(;)} For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% (72 P.S. 9116 (a) (1.1) (iil}. The statute does not exempt a transfer to a surviving spouse from tax. and the statutory requirements for disclosure of assets and filing a tax return are still appticable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1. 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent. an adoptive parent. or a stepparent of lhe child is 0% [72 P.S. 9116 (a)( 1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal benefjciaries is 4.5%, except as noted in 72 P.S. 9116(1.2) [72 P.S. 9116(aXll). The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12"10 (72 P.S. 9116(aX1.3)]. A sibling is defined, under Section 9102, as an indivKiual who has at feast one parent in common with the decedent, whether by b\ood or adoption. CopyrIght (c) 2000 form software only The Lackner Group, Inc:. Form REY..1S00 EX (Rev. 6-00) AEV.1502 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA lNHERITANCETJiX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER John F Stevenson SSl168-26-4943 07/29/2002 21-02-1022 All real property owned solely or as a tenant In common must be rwported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or se(~ both having reasonable knowledge of the relevant facts. Real property which is iointly-owned with riaht of survivorship must be disclosed on Schedule F. ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1 Residence located at 3609 Franklin Avenue, Hampden Township, 143,560.00 Cumberland County - valued per county tax assessment SCHEDlLE A REAL ESTATE 'TOTAL (Also enter on line 1. Recapnulatlon) $ 143,560.00 (If more space is needed, insert additional sheets of the same size) Copyright (c) 199fi form software only CPSystems, Inc. Form REY..1502 EX (Rev. 1.97) REV-1508 EX + (1-97) COMMONWEALTH OF ?ENNSYL VANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF . FILE NUMBER John F Stevenson SS# 168-26-4943 07/29/2002 21-02-1022 Include the proceeds of litigation and the date the proceeds were received by the estate. AU property jointly-owned with the right of survivorship must be disclosed on Schedule F. SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ITEM NUMBER 1 DESCRIPTION Commerce Bank, Checking Account No. 0032043531 - valued per bank letter dated 4/24/03 (attached to death tax return only) VALUE AT DATE OF DEATH 3,378.86 2 Personal property - valued per Executrix 500.00 3 2002 Saturn L300 - valued per Kelley Blue Book 10,935.00 TOTAL (Also enter on line 5. Recapitulation) $ 14,813.86 (It more space is needed. insert additional sheets of the same si2e) Copyright (e) 1996 form software only CPSystems.lne, Form REY..1508 EX (Rev. 1-97) REV-1511 EX+{1;97) coMMONWEALTH OF PENNSYt VANIA INHERITANCE T.6)( RETURN RESIDENT OECEOENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF John F Stevenson Debts of decedent must be reported on Schedule I. ITEM NUMBER A. B. SSff 168-26-4943 FILE NUMBER 21-02-1022 07/29/2002 DESCRIPTION AMOUNT 1 FUNERAL EXPENSES' Neill Funeral Home 8,457.00 funeral services 2 C&A Memorials - headstone and engraving 2,033.00 3 Rev. Paul Helwig - honorarium 100.00 4 Anthony Cucci - honorarium 75.00 Total of Continuation Schedule(s) 218.00 ADMINISTRATIVE COSTS, 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) I EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid: 2. 3. Anorney's Fees Goldberg, Katzman & Shipman, PC Family E){emption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address 15,000.00 City Relationship of Claimant to Decedent State Zip 4. Register of Wills 290.00 Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. 1 Other Administrative Costs Cumberland Law Journal estate notice advertisement fee 75.00 2 Patriot News Co. - estate notice advertisement fee 111. 67 3 Sylvester's Services Inc. - dumpster rental 335.00 4 Peerless - automobile insurance premium 329.16 5 Pennsylvania American Water Company - water service for residence 114. 92 6 Reager & Adler, PC - initial estate administration consultation 247.16 Total of Continuation Schedule(s) 2,406.14 TOTAL (Also enter on line 9, Recapitulation) $ 29,792.05 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1S11 EX (Rev. 1-97) Estate of: John F Stevenson Soc See #: 168-26-4943 Date of Death: 07/29/2002 Continuation of Schedule H-A (Funeral Expenses) Item II Description Amount 5 Stephanie Varner - honorarium 75.00 6 Perkins - funeral luncheon 143.00 218.00 Estate of: John F Stevenson Soc Sec #: 168-26-4943 Date of Death: 07/29/20d2 Item If Continuation of Schedule H-B7 (Other Administrative Costs) Description Amount 7 Walter Dacko - carpet cleaning 225.00 8 David McClure air conditioning repair 94.00 9 Michael Brown - lawncare 670.00 10 Goldberg, Katzman & Shipman, P.C. - reservation for estate administration closing costs 100.00 11 PP&L - electric service for residence 901.14 12 Vital Records - death certificates 21.00 13 Sylvia Rollins - follow-up medical expenses & dog license fee 200.00 14 Good Hope Animal Clinic - medical expenses for dog 170.00 15 Register of Wills, Cumberland County - filing fee for Return & Inventory 25.00 2,406.14 REVw1S12 EX +(1~97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE T/JlJ( RETURN RESIDENT DECEDENT ESTATE OF John F Stevenson ^ SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, AND LIENS SSff 168-26-4943 07/29/2002 FILE NUMBER 21-02-1022 Include unreimbursed medical expenses. ITEM NUMBER 1 10 11 12 13 14 15 16 17 18 DESCRIPTION Commerce Bank, Loan Account No. 000400208123 - valued per bank letter dated 4/24/03 (attached to death tax return only) AMOUNT 48,709.73 2 Sears Credit Card Account No. 05 54846 82847 9 192.03 3 MSHMC Physicians Group - unreimbursed medical bill 111. 89 4 MSHMC - unreimbursed medical bill 241. 32 5 AT&T - long distance telephone service 31.78 6 Comcast Cable - cable service for residence 110.05 7 Verizon - local telephone service for residence 49.97 8 PP&L - electric service for residence 1,513.18 9 Direct Merchants Bank - credit card account no. 5458 0001 4016 9612 520.00 Peerless - automobile insurance premium 162.00 GMAC - automobile lease obligation, as satisfied post-mortem 10,160.50 Michael Brown - lawncare 80.00 PA Water Company - water service to residence 114. 92 Hampden Township trash and sewer service to residence 215.24 2002 School Real Estate Taxes 1,403.87 Donegal Insurance Company - homeowner's insurance premium 983.75 2002 School Personal Tax 11.00 2002 Cumberland County/Hampden Township Real Estate Tax 370.94 TOTAL (Also entor on lino 10, Recapitulation) S 64,982.17 (If more space is needed, insert additional sheets of the same size) Copyrlght(c) 1996 form software only CPSystems, Inc. Form REV-1S12 EX (Rev. 1.97) REV-1513 EX + (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCETJ.:J( RETURN RESIDENT DECEDENT ~ ESTATE OF SCHEDULE J BENEFICIARIES John F Stevenson 07129/2002 SSfl 168-26-4943 NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I. TAXABLE DISTRIBUTIONS [Include outright spousal distributions, and tratlSfersunder See. 9116(aX1.Z)] ~o Do Not List Truatee(s) 1 Kim D. Pinel 1012 Regimonta1 Drive West Chester, PA 19382 Stepdaughter FILE NUMBER 21-02-1022 r OR StiARE OF ESTATE Entire Residue ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18. AS APPROPRIATE. ON REV 1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS; A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ (If more sDace is needed. insert additional sheets of the same size) 0.00 . Index to Exhibits Pennsylvania Inheritance Tax Return Estate of John F. Stevenson, deceased Exhibit A: Copy of Supplement to "Petition for Grant of Letters" Regarding Probate of an Unsigned Copy of a Lost Will", with attachments Exhibit B: Copy of Grant of Letters Testamentary and the Last Will and Testament Exhibit C: Copy of Account Report from Commerce Bank regarding date of death balances 94928.1 --, -,'-"-, /."., _ ,_, _c'" GOLDBERG, KATZMAN &. SHIPMAN, P.C. Neil Hendersho~ Esq, (1.0. #23316) 320 Market Street P. O. Box 1268 HllIrisburg, PA 17108-1268 (717)234-4161 Counselfor Petitioner loRe: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA ORPHANS COURT DIVISION ESTATE OF JOHN F. STEVENSON, Deceased No. SUPPLEMENT TO "PETITION FOR GRANT OF LETTERS" REGARDING PROBATE OF AN UNSIGNED COPY OF A LOST WILL TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA: AND NOW comes KIM D. PINCI (the "Petitioner"), by and through her counsel, Neil E. Hendershot, Esq., of Goldberg, Katzman & Shipman, P.C., who avers, by way of this "Supplement to Probate Petition", as follows: I. Petitioner is the step-daughter ofJoOO F, Stevenson (the "Decedent"), who died on July 29,2002, a resident of Hampden Township, Cumberland County, Pennsylvania. 2. Petitioner is submitting to the Register of Wills of Cumberland County, Pennsylvania (the "Register"), in the above-captioned matter, a completed and signed standard- form "Petition for Grant ofLetters" (the "Probate Petition"), which will be verified by the Register under oath administered by that Office, the original of which is attached to the original of this "Supplement to Probate Petition" as Exhibit ''A ", . 3. The Probate Petition seeks issuance by the Register to the Petitioner of Letters Testamentary enabling her to serve as the personal representative of the Estate of John F. Stevenson, deceased (the "Estate"), pursuant to and in accordance with the Last Will and Testament of the Decedent, dated August 18, 2001 (the "Will"). 4. Petitioner believes and avers that the copy of the Will, in the form hereby offered for probate and as attached hereto as Exhibit "E" (the "Probated Will"), although being an unsigned, unwitnessed, and undated copy, nevertheless is a faithful and exact counterpart of the original Will that was executed by the Decedent on August 18, 200 I, in the presence of Petitioner and others (the "Original Will"), which thereafter was lost or inadvertently destroyed without any intent by the Decedent to revoke it in any manner. 5. Petitioner believes an avers that the Probated Will should be probated as a "lost will", which is known to have been executed by the Decedent, the original of which now cannot be located after his death. 6. In Pennsylvania, where such an executed testamentary writing has been so lost, and where no other will is discovered, "the lost instrument is probatable only when two separate and distinct matters of proof are satisfied: (I) the presumption that the testator revoked the lost instrument is rebutted, and (2) adequate proof is given both of execution and of the contents of the missing document." See: Law of Wills in Pennsvlvania, 91.10 ("Lost Wills"), by Aker, Bolden & Mannion, published by Bisel Company (copy of pages 1-26 to 1-29 are attached here to as Exhibit "C''). 7. Attached hereto as Exhibit "D" is a "Transcript of Session", taken on September 18, 2002 (the "Transcript"), which is the subject of an Affidavit attached thereto by the Petitioner as to the veracity of matters set forth therein by her. Petitioner incorporates herein, by reference, 2 . the facts and averments set forth in the Transcript. Points relevant to the efficacy and reliability of the Probated Will as a probatable counterpart of the Original Will are summarized below. 8. On August 6, 2001, the Decedent's wife, Sarah Betty Stevenson ("Sarah"), was admitted to Holy Spirit Hospital. On or about August 14, 2001, Sarah's doctors requested her family to assist Sarah in arranging for the execution of a Last Will and a Living Will. 9. In response, on August 15 and 16, 2001, the Petitioner and her husband, Robert, who reside together in West Chester, drafted on their computer, Last Wills, Power of Attorneys, and Living Wills (collectively, the "Planning Documents") for signature by the Decedent and by Sarah. 10. No attorney was involved in drafting, reviewing, or executing the Planning Documents. 11. On August 16, 2002, the Original Will was produced on and printed from Robert's computer before being executed by Decedent. 12. The word processing file that produced the Original Will was maintained on the hard drive of Robert's computer, unaltered, since August 16,2001, as certified by a computer analyst and technician, namely Charles F. Borromeo (the "Computer Consultant"), who was engaged to examine such matters. The examination report and certification of the Computer Consultant is attached hereto as Exhibit HE". 13. The Probated Will is an identical printout of the Original Will, which was printed by the Computer Consultant from the same word processing file that produced the Original Will before its execution. , ~ , 14. Counsel for the Petitioner is in possession of the actual hard drive, sealed by the Computer Consultant after his certification, from the computer that generated the Planning Documents. Such hard drive will be so retained for a period of one (1) year from the date of any grant ofletters by the Register. 15. Late in the afternoon on August 17, 2001, Petitioner, her husband, and Decedent met with the doctors again to confirm that Sarah was, in fact, dying. The three discussed how to approach Sarah, and decided that, on August 18, 2001, the Decedent and Sarah would both sign their respective Planning Documents together. 16. On August 18, 2001, Decedent executed the Original Will, in the presence of Petitioner and her husband, Robert, both of whom subscribed as witnesses, and also in the presence ofDeccedent' s wife, Sarah. 17. On August 18, 2001, Sarah and the Decedent also signed the other Planning Documents, with the Petitioner and her husband, Robert, serving as witnesses for all documents. 18. Following execution of the Original Will by Decedent, all of the Planning Documents were kept in a folder (the "Folder"), which had contained certain items related to Sarah's medical and personal situation at that time. The Folder was then placed in the drawer of the nightstand by her hospital bed. . 19. On August 20,2001, Sarah was transferred to a Manor Care facility in Camp Hill, and on August 23, 2001, she was transferred to Harrisburg Hospital. The Folder was transferred each time, and was again placed in the drawer of the night stand by her hospital bed. 20. On August 29, 2001, Sarah died at Harrisburg Hospital. 4 . 21. After Sarah's death, the Folder was brought to the Decedent's home. 22. After Sarah's death, the Decedent's intentions were to recover from his personal and financial stress caused by Sarah's illness and death, and to recover from his own health. He planned then to move to West Chester to be closer to his step-daughter (the Petitioner) and her husband. 23. In pursing his intentions, the Petitioner and Decedent started organizing all the papers in his residence. 24. Petitioner came across the Folder, and assumed that only inconsequential and unneeded information remained in it. Therefore, Petitioner threw the Folder, with its contents, into the trash. The Original Will was thereby destroyed. 25. The Original Will was thrown out by Petitioner without the knowledge or consent of the Decedent, and without any intention on the Decedent's part to revoke the Original Will. 26. Thereafter, Petitioner and Decedent both believed that the Original Will remained in existence and intact. 27. Between the time of Sarah's death (on August 29, 2001) and Decedent's death (on July 29, 2002), the Petitioner and Decedent visited often, including holidays. At no time did the Decedent ever indicate to the Petitioner that he had altered or revoked his Will. 28. In conjunction with probate of the Original Will before the Register, an "Affidavit of Subscribing Witness" will be executed by Petitioner and her husband, Robert, verifYing that they, in fact, witnessed the execution of the Original Will. 5 . 29. The contents of the Original Will are reflected exactly and completely by the Probated Will. 30. Other than the Petitioner, the only known party in interest entitled to notice as to the filing of this Petition is the Commonwealth of Pennsylvania. The Commonwealth could have an interest in the Estate under Section 3102 of the Pennsylvania Probate, Estates and Fiduciaries Code. Accordingly, service has been made upon the Commonwealth as evidenced by the Certificate of Service attached hereto. 31. The Petitioner will appear before the Register on Friday, November 15, 2002 at 1:30 P.M., at which time, in the absence of any written objection thereto filed with the Register, she will request to take the oath of office as Executrix under the Will. WHEREFORE, Petitioner respectfully prays that the unsigned counterpart copy of Decedent's Will executed August 18,2001, be admitted to probate as ifit were the original. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.e. Date: 10/;51 /()~ I I c-aZ' L . /" ~ /" x:..e A>r7"~-j/,,,. N-enB. Hendershot, Esquire Atty. ID No. 23316 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner 84959.1 6 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of also known as John F. Stevenson No. . , Deceased Social Security No. 168- 26 -4943 Kim D. Pinci Petitioner{s), who isfare 18 years of age or older. appt)'{les) for: (COMPLETE 'A' or 'B' BELOW,) LKJ A. Probate and Grant of Letters Testamentary and aver that Petitioner{s} is/are the execut rix the Decedent, dated 08/18/2001 and codici~s) dated None named in the last Will of 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: o B. Grant of Letters of Administration (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 fallowing spouse (if any) and heirs: r Name Aelationshin Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County. Pennsylvania with his/her last family or principal residence at 3609 Franklin Avenue, Hampden Township, Mechanicsburg, FA 17050 (list street. number, and municipality) Decedent, then ...zLyears of age, died 07/29/2002 at 3609 Franklin Avenue, Mechanicsbur~, PA (location) Decedent at death owned property with estimated values as follows: (It domiciled in PAl All personal property (If not domiciled in PAl Personal p.roperty in Pennsylvania (If not domiciled in PA) Personal property in County Value of feal estate in Pennsylvania $ $ $ $ 3 ,000.00 130,000.00 situated as tollows: 3609 Franklin Avenue, Hampden Twp, Mechanicsburg, Cumberland Cty, PA Wherefore. Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s} presented with this Pelition and the grant of t;)r letters in the annropriate farm to he undersinned: i Sil"Tnalure Tvoed or orinted name and residence I - - , 'r-.-.~/ Kim D. Pinci , '1,,, . i /. WiU 1012 Reeimonta1 Drive. West Chester, PA 19382 .-/ -- -- I J / -- EXHIBIT' I -A Prepared by the Pennsylvania Bar Assoclatlon Copyright (c) 1996 form sottware only CPSystems,lnc. Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The petitioner{s) above-named swOar{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. Sworn to or affirmed and subscribed Kim D. Pinci before me this_day of For the Register No. Estate of John F. Stevenson Deceased Social Security No' 168-26-4943 Date of Death, 07/29/2002 AND NOW. , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary 0 Of Administration (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Kim D. Pinci in the above estate and that the instrument(s) dated 08/18/2001 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters. $ Short Certificate(s). $ Renunciation. $ Affidavits ( $ Extra Pages ( ) $ Codicil. $ JCP Fee. $ Inventory. $ Other $ TOTAL. $ Register of Wills Attorney: Neil E. Hendershot, Esquire 1.0. No' 23316 Goldberg, Katzman & Shipman, PC Addre'" 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone, 717/234 - 4161 ForrnRW...1(1991) Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. REV~346 EX (8-92) PA DEPARTMENT OF REVENUE ESTATE INFORMATION SHEET FOR REGISTER'S OFFICE USE ONLY County Code Year File Number DECEDENT INFORMATION: Enter data as it will appear on all documents submitted to the department. Name (last, First, Middle) . Stevenson, John F. Decedent's Social Security Number I Date of Death Toate of Birth 168-26-4943 07/29/2002 04/30/1931 TYPE FILING: Enter mark (Xl to indicate the nature of the return to be tiled with the department. O Litigation Purposes (No Other Assets) LETTERS GRANTED: Enter mark (Xl to indicate the nature of the proceedings at the Register of Wills Office. (Attach additional sheets if explanation is necessary.) IJ[J Probate Return o Joint Assets Only o Estate Tax Only 00 Testamentary o Administration o No Letters D Other (Please Explain) ATTORNEY/CORRESPONDENT INFORMATION: Enter all data concerning the attorney or other individual to receive aU tax information and correspondence. Name (last, First, Middle), Street Address, City, Slate, and Zip Code Supreme Court l. 0.# Neil E. Hendershot, Esquire 23316 Goldberg, Katzman & Shipman, PC Telephone Number 320 Market Street 717/234-4161 P.O. Box 1268 Harrisbur'" , PA 17108-1268 PERSONAL REPRESENTATIVE INFORMATION: Executor/Administrator Enter all data concerning the personal representative(s) of the estate authorized by the Register otWills. Name (last, FIrst, Middle), Street Address, City, State, and Zip Code Sodal Security Number Kim D. Pinci 204-44-6794 1012 Regimonta1 Drive Telephone Number West Chester, PA 19382 610/429-0525 Co-Executor/Administrator Name {last, First, Middle), Slreet Address, City, State, and ZIp Code SocIal Security Number Telephone Number Co-Executor/Administrator Nilme (last, First, Middle), Street Address, City, State, and Zip Code Social Security Number Telephone Number Prepared By Date Neil E. Hendershot, Esnuire Copyright (c) 1996 form software only Center Piece Software, lnc, Form 346 (RElV. 8~9Z) LAST WILL OF John F. Stevenson I, John F~Stevenson, a resident of the Commonwealth of Pennsylvania, being of sound and disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue inftuence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me. I. EXECUTOR: I appoint Sarah Betty Stevenson as Executor of this my Last Will and Testament and provide if this Executor is unable or unwilling to serve then I appoint Kim D. Pinci as alternate Executor. My Executor shall be authorized to carry out all provisions of this Will and pay my just debts, obligations and funeral expenses. I further provide my Executor shall not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law. II. MARITAL STATUS: I declare that I am married to Sarah Betty Stevenson and that all references in this Will to my wife are references to her. III. SIMULTANEOUS DEATH OF SPOUSE: in the event that my wife, Sarah Betty Stevenson, shall die simultaneously with me or there is no direct evidence to establish that my wife and I died other than simultaneously, I direct that I shall be deemed to have predeceased my wife, notwithstanding any provision of law to the contrary, and that the provisions of my Will shall be construed on such presumption. V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including any beneficiary of any trust established by this Will, other than my wife, shall die. within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shail be deemed to have survived such person. VI. BEQUESTS: Should I predecease my wife, Sarah Betty Stevenson, I bequeath all of my worldly possessions to my wife. If I should survive my wife, Sarah Betty Stevenson, \ then bequeath all of my woridly possessions to her only daughter, Kim D. Pinel. Initial here: I ;re; IN WITNESS WHEREOF, I, John F. Stevenson, hereby set my hand to this Jast Will, on each page of which I have placed my initials, on this . day of . at Pennsylvania. John F. Stevenson The foregoing instrument, consisting of two pages, including this page, was signed in our presence by John F. Stevenson and declared by him to be his last Will. We, at the request and in the presence of him and in the presence of each other, have subscribed Qur names below as witnesses on this day of [Signature of Wilness #1 J [Printed or Typed name of Witness #1] [Address of Witness #1 J [Signature of Wilness #2J [Printed or Typed name of Witness #2] [Address of Witness #2) [Signature of Witness #3J [Printed or Typed name of Witness #3J [Address of Witness #3) Inirial here: S 1.9 POUR-OVER PROVISIONS; INCORPORATION BY REFERENCE 3 1.9F. Memorandum as to Personal Effects . It is a fairly common practice to deal with the disposition of such items as household goods and personal effects by the inclusion of a provision which bequeaths such items to such persons as may be designated in a sep- arate memorandum. This practice has developed so as to avoid preparing a new will each time testator has a change of mind as to such list of items and persons. It must be noted, however, and should be explained to the client that if such separate memor<1l1dum is changed after the will is exe- cuted, the arrangement does not meet any of the three tests above described and if contested will probably not be enforced unless the memorandum is signed so as to qualify it for probate. 3 1.10 LOST WILLS 3 1.1 OA. In General When a will known to have been executed by the decedent cannot be located after his death, and no other will is discovered, the lost insuumen t is probarable only when two separate and distinct matters of proof are sat- isfied: (1) the presumption that the testator revoked the lost instrument is rebutted, and (2) adequate proof is given both of execution and of the con- tents of the missing document. 3 l.10B. Presumption of Revocation Whenever an alleged testaIllentary writing, which was proved to have been in testator's possession or was readily accessible to him, cannot be pro- duced for probate, a presumption arises that such instrument WaB Tevoked bv the decedent: Murray Wil~ 11 Fiduc. Rep. 229, 404 Pa. 120; Trioit Est., 2 Fiduc. Rep. 213. The same presumption may arise where twO or more copies of the will were signed and anyone of which, being in testator's possession or accessible to him, cannot be found at his death: Bates's ESj., 286 Pa. 583. If the instrUment was not in testator's possession or if it was inaccessible to him, the presumption will not arise: Mammana Est., 388 Pa. Super. 12, an- notated in Fidut:iary Review, Jan. 1990; O'Neill's Est., 58 D. & C. 351, 360; d. Bregy, Intestate, Wills and Estates Acts of 1947, p. 2313, where non-access to the will is treated as rebutting the presumption. Once this presumption arises, it must be rebutted or overcome before any other evidence is ad- missible concerning the lost will. 1-26 I EXC~ WHAT IS A WILL ~ 1.1 0 , Once the presumption of revocation is raised, extrinsic evidence is ad- missible either in sup parr of or to rebut such presumption, and the rwo- wimess rule is not applicable: see Sheaffer's Est., 240 Pa. 83, 87; cf. Fallon's Est., 214 Pa. 584. A will known to be lost by a testator who did nothing about it may strengthen the presumption of revocation: Deaves Est., 140 Pa. 242; but com- pare McCafJrl!J Wil~ 453 Pa. 416, allowing probate of conformed copy of wilI known by testator to have been stolen. Testator's declarations (Gfeller v. Lappe, 208 Pa. 48; Gardner v. Gardner, 177 Pa. 218) as well as his mental and physical ability to perform the acts of revocation are admissible: Dalbey s Est., 326 Pa. 285. "It makes not only testator's character, condition, acts and de- clarations, bilt also the conduct and interests of those who were around him from and after the date of his will, legitimate subjects of inquiry": ONtrills Est., 58 D. & C. 351, 362. Proof that testator entertained a kindly or loving feeling toward the beneficiaries of the lost will tends to rebut the presumption: Gaines v. Lizardi, Fed. Case No. 5175. Evidence that persons with an adverse interest to the terms of the instrument had possession of or access to the lost will may carry weight in rebutting the presumption (Gardner's Est, 164 Pa. 420), but proof of mere opportunity alone is not sufficient to rebut the presumption of re- vocation if the will was in decedent's possession: Keiser Est., 385 Pa. Super. 24; Buchles Est., 3 Dist. 16. "This presumption can be rebutted by showing' that someone else destroyed it, that decedent did not have access to it [ef. O'Neill's Est., 58 D. & C. 351], or that decedent made statements up un- til the time of his death indicating that his will was still in existence": Bregy, Intestate, Wills and Estates Act of 1947, p. 2313. The evidence must be "positive, clear, and satistactory" and must "over- come both the presumption of revocation by the testator and the pre- sumption of innocence on the part of a third person charged with destroying the will": Michell v. Low, 213 Pa. 526, 534. Copy of lost will probated on finding evidence clearly rebutted pre- sumption of revocation by testator: Wasco Est., 444 Pa. 184, annotated in Fiduciary Review, Dec. 1971; Ervien Wil~ 127 Pa. 64, affg 87 Montg. 273; Rie/Lv Will, ') Fiduc. Rep. 2d 150. Probate of photocopy of lost 1987 will vacated where proponents did not overcome presumption that decedent revoked the will; photocopy ac- 1-27 . S 1.10 LOST WIllS cepted as an "other writing" sufficient to revoke 1985 will; decedent died intestate: Harman Wil~ 18 Fiduc. Rep.2d 204, 264. 3 1.10C. Proof of Execution and Contents If satisfactory evidence is produced to overcome the presumption of revocation, it then becomes necessary to prove both the execution and con- tents of the missing document. "Proof of a lost will is made out only by proof, of execution and of con- tents, by two wimesses, 'each of whom must separately depose to all the facts necessary to complete the chain of evidence, so that no link in it may depend on the credibility of but one': Hock v. Hock, 6 S. & R. 47": Hodgson's Est., 270 Pa. 210, 213; Yeager Est., 3 Fiduc. Rep. 386; Fiduciary Review, April 1953, p. 4. One \vimess and surrounding circumstances are not sufficient: Harrison'sE'st., 316 Pa. 15. Ordinarily proof of execution will be required first, and if proof of ex- ecution fails there is no need to determine the contents: Harrison's Est., 316 Pa. 15, 19; Michell v. Low, 213 Pa. 526, 529. Proof of execution and contents is, of course, solely by extrinsic evi- dence and evidence of the contents need only be of the substance, not ver- batim: Hodgson's Est., 270 Pa. 210. But the proof "must be of the clearest, most satisfactory character": Buchle's Est., 3 Dist. 16, 17. The wimesses need not have actually seen the document; proof of testator's declarations would be sufficient: cf. Hodgson:, Est., 270 Pa. 210. Compare also, (1) Glockner v. Glockner, 263 Pa. 393, where evidence of testator's declarations was admit- ted to substantiate the testimony of two other wimesses; (2) Lawman's Est., 272 Pa. 237, where the only proof of contents was that of testator's decla- rations and the evidence was found insufficient to admit the instrument to probate. A conformed copy of :l stolen will was admitted to probate in MeCaf frev Will, 453 Pa. 416, rev'g 22 Fiduc. Rep. 551, annat. Fiduciary Review, Oct. 1972, :lnd an unsigned copy was probated as a lost will upon proof of exe- cution of the original in Scheib Will, 11 Fiduc. Rep. 132. Carbon copy of 1974 will contaming handwrinen revisions by testator and signed 3.( the end in 1986 was properly admitted to probate: Seil Est., 10 Fiduc. Rep.2d ~02.H 1-28 , WHAT IS A WILL sUO Photocopy of lost will admitted to probate where original was not in decedent's possession and contents were proved by photocopy, testimony of attomey-scrivener and of persons who saw the will subsequent to execu- tion: Del Rossi Will, 15 Fiduc. Rep.2d 156, 132 Montg. 101, 23 D.&C. 4th 218, annotated in Fiduciary Review, Sept. 1995, p. 4. See Burns v. Kabbou~ 407 Pa. Super. 289. s LIOn. Probate Impossible Pro bate of a lost will may be impossible when there is in existence an earlier unrevoked will. It has been ruled that if an earlier and otherwise un- revoked will is produced and offered for probate, (in the absence of fraud) no evidence of any sort will be admitted to prove the contents or even the existence of the later lost will (Koehler's Est., 316 Pa. 321) or of any lost reo vocatory writing: Harrison:S Est., 316 Pa. 15. The reason given is that any other ruling would amount to oral revocation of an existing document: Shet- ters Est., 303 Pa. 193, 197. But in McCaffrey Wil~ 453 Pa. 416, conformed copy of will which was stolen from decedent's home seven years before his death was probated as lost will despite existence of earlier will; cf. Farish Wil~ 16 Fiduc. Rep. 443, annotated in Fiduciary Review, Sept. 1966. And in Bechtel Wil~ 20 Fiduc. Rep. 258, an unsigned conformed copy of first and third pages of will admitted to probate with original second page, where original pages were inadvertently destroyed by secretary and testator never had possession of will, despite existence of earlier otherwise unrevoked will. 13 1.10E. Revocatory Effect The revocatory effect of a lost will upon testamentary writings executed prior to the execution of the lost will is discussed in 13 4.10. Probate of photocopy of lost 1987 will vacated where proponents did not overcome presumption that decedent revoked the wii!; photocopy ac- cepted as an "other writing" sufficient to revoke 1985 Wli!; decedent died intestate: Harman WilL 18 Fiduc. Rep.~d 204, ~64. 1-29 I 2 . TRANSCRIPT OF SESSION September 16,2002 (1:00 -1:23 pm) , j 4 5 6 Following is the transcription of a discussion held on the above date and time in the 7 offices of Goldberg, Katzman & Shipman, P.C., located at 3rd Floor, 320 Market Street, 8 Harrisburg, PA 17108, between attorney Neil E. Hendershot ("NIT') and Kim Pinei 9 ("KP"), regarding occurrences involving her late mother, Betty Stevenson, and her late 1 0 father, John Stevenson. Also present was paralegal Cheryl L. Baker, who witnessed the II discussion. The transcription was made from a tape recording, which was continuous, 12 except for one break near the inception to confirm a functional recording process. Neil 13 Hendershot edited this transcription for accuracy and readability, but did not alter any 14 substance. Kim Pinci reviewed the draft transcript, and added clarifications or 15 corrections, indicated by comments in brackets. 16 17 NH: I am here with Kim Pinci. It is Monday September 16, 2002, at 1:00 pm. We will 18 have Kim explain to me her calendar dated August of2001, which covers a period when 19 her mother passed away. Her mother was Betty Stevenson -- formal name "Sarah Betty 20 Stevenson". Okay we're looking at this calendar now, which we'll make a photocopy of 21 and attach to this transcription. Explain to me how this calendar came to be. 22 23 KP: Every month -- I have a small child who's 13 now -- and every month for the 24 purpose of sporting events, doctor's appointments just to keep our lives in order, 1 do a 25 hand-written calendar, which is posted. And many times it's only appointments and high 26 school games, but then often there's personal things that we write on the calendar. For 27 instance birthday designations, something happy happens in our lives, something sad 28 happens in our lives -- that we kind of make notations on. 29 30 NH: So it was natural for you to be tracking your mother's hospitalization, transfers and 31 meetings? 32 33 KP: Oh absolutely. In fact you can see here that a relative was coming to visit us this 34 week and that we are going onyacation. 35 36 NH: That's the week of the 6'h Well, let's look at that week 37 38 KP: On the 6'h of August, my mother had called me. She was having terrible pains and 39 took herself by ambulance to the hospital-- Holy Spirit Hospital -- and was admitted with 40 a severe stomach cramps and pain. 41 42 0IH: Now that would make sense, because your mother lived in Camp Hill and that 43 would have been the nearest hospital. 44 45 KP: Yes, the nearest hospital. My mother also was suffering from severe emphysema, so 46 the breathing problem and the stomach problem made her take herself into the hospital. 1 I EXHIBIT \..~ 1 That was on Monday the 6th I met her in the hospital later that night, staying here in the 2 area for two days..l could not stay continuously because I have a small child at home and 3 my husband, of course, works. 4 5 NH: Now you have the 7th circled and the 9"' circled? 6 7 KP : Yes, and I circled all the dates in pencil that I would travel up to my mother so that 8 part memory, part so that the family would know when I was planning on going to help 9 up in [West Chester *] to see my mother. 10 11 NH: Now the line extends from the 6th through the 11 tlt. Would that indicate your 12 mother was in the hospital during those days? 13 14 * Should be "Camp Hill" 15 16 KP: Absolutely, and then as you see the line also goes from the 12'h to the 18tl'. And 17 then if you look down on the 20th of August, my mother was transferred to Manor Care, 18 which is a nursing facility in Camp Hill, because the HMO at the hospital needed to force 19 my mother out of the hospital for her time had run out. 20 21 NH: So she was in for an extended period of time; and you would have visited, you 22 believe, on August the 6th, 7th, 9th, 11"', 12'h, 14th, 17th and 18'h? 23 24 KP: Yes and returning again on the 20th to ... 25 26 NH: Assist her as she was being transferred to the Manor Care Facility? 27 28 KP: Correct. Now in this period of time -- the second week -- the hospital and the 29 doctors were trying to diagnose her. And around the 14tl' or 15"' the doctor called me in 30 West Chester and told me that he really felt that my mother did have a large mass, that it 31 was probably cancer, perhaps a large infection, and that, to live, she would need to be 32 operated on. But he also felt, after talking with an anesthesiologist, that the possibility of 33 surgery was really not a possibility because she would not survive the surgery. And, if in 34 the small chance that she did survive surgery, she would be not living any quality oflife - 35 - that she would be on a breathing machine if she would ever come to consciousness 36 again. 37 38 NH: That was bad news. How did you and your husband react to that bad news, that this 39 is probably a terminal situation for your mother? 40 41 KP: Well of course we were devastated. We called my step-father. He was devastated. 42 I was the one that the doctor spoke with. I seemed to be able to understand what was 43 happening a little bit more, although all three of us were very much involved with her 44 care and what was going to happen next with her. 45 46 NH: Did the doctor suggest any documents? 2. I 2 KP: Yes. At that lime the doctor asked if she had a living will and [last] will in place, 3 and we indeed then had to get those in place for her. 4 5 NH: You had no relationship with a lawyer who could have drafted them, and instead 6 you decided to do it yourself with the computer? 7 8 KP: Yes, all three of us talked together. We decided that we would draft living wills, 9 [wills] and power of attorneys for both of them, and 10 11 NH: Was that done on the 160,? 12 13 KP: That was done between the 1501 and 16th My husband did these off of a general 14 program that he was able to retrieve, and then modify them to the names and addresses 15 that we needed. In essence, we filled in the blanks and copied them off. With documents 16 in hand, my husband and I traveled to Harrisburg on the 17ili and met with my father. 17 There we met with the doctor again. He spoke with all three of us, told us ... 18 19 NH: Who was the doctor? Do you recall? 20 21 KP: No, but I can get that name of course. 22 23 NH: But what you describe is consistent with your calendar. You do not have the lSd, or 24 16th circled which means you were home. We have other documents which show that the 25 estate planning documents were generated on the 16th 26 27 KP: Yes, we had to do that out of request from the doctor. 28 29 NH: And the 170' you traveled up, discussed it with the doctor. And then on the 18ili, 30 what happened? 31 32 KP: Well, on the night of the 17th, we were not sure how we wanted to .... We were 33 telling my mother she was dying, so we stayed together at home [to talk it over]. All 34 three of us slept in the same room, and early that morning on the 18d', we went to the 35 hospital at 7:30 am. We had made a decision that she should definitely know everything 36 that was going on at the end of her life. And all three of us met in the hospital room 37 around 7:30 - 8:00. We informed her of the situation. Asked her if she wanted to have 38 surgery. She talked with us. She wanted to make sure that I took care ofJohn. I assured 39 her that John was going to move down with me. He assured her that he was going to 40 move with Bob and 1. 41 42 NH: Now that was important for her, because John, her husband, had been diagnosed 43 with pancreatic cancer? 44 3 I KP: Diagnosed with pancreatic cancer a couple years previous, and even though he was 2 not going through any chemotherapy at that point, but she was very, very concerned 3 about him. . 4 5 NH: Did you show her the documents that you had prepared? 6 7 KP: Yes indeed, we let her know that it was being requested that we have living wills 8 and we had decided that we would bring the living wills and the [last] wills and the 9 power of attorney there to the hospital there for her and John both to sign. We had 10 discussed it that night. John, Bob and I that 11 12 NH: The previous night? 13 14 KP: The previous night -- that we would sign all copies together and that would also help 15 alleviate any concerns that she would have. 16 17 NH: What was in the documents? 18 19 KP: In the documents, . . uh ... 20 21 NH: Was it what your mother wanted? 22 23 KP: Exactly what my mother wanted. 24 25 NH: Good, how did you then sign them in the hospital? And who was present? 26 27 KP: At the time it was my mother, my father, it was my husband, and I; and all four of us 28 sat there around my mother. We had pens and passed them back and forth when we 29 signed all the papers -- all six documents -. and witnessed [ their] signatures. It just made 30 her very peaceful. 31 32 NH: How many witnesses were on each document? " jj 34 KP: Two witnesses on each document. Bob and I served as witnesses. 35 36 NH: What happened to the papers after you signed them? 37 38 KP: After we signed them, the papers went in a folder which I had at the hospital which 39 housed a very large pamphlet from the Holy Spirit Hospital with all the doctors listed. It 40 handled information from the various health care facilities that I had looked into to send 41 my mother. It also housed information when she was admitted to the hospital. All the 42 little papers that you get when you go into a situation like that is what the folder housed. 43 44 NH: Those papers at that time were impol1ant medical papers? 45 46 KP: Dh indeed, absolutely. 4 1 2 NH: Which is a 10$ical place to put legal documents? ~ j 4 KP: Absolutely. It had all the phone numbers of the different doctors that she used and 5 the doctors that she was seeing in the hospital. She was seeing both her general 6 practitioner, but then again she was seeing the cancer specialist that I'll get you the name 7 of. 8 9 NH: Did the hospital staff make any copies of these documents? 10 II KP: Oh no. 12 13 NH: Did they know they were being executed? 14 15 KP: No, it was very early. It was 7:30 8:00. There was a shift change at the hospital, 16 and we had the door closed. It was just a private, intimate moment, telling my mother 17 she was dying and setting up the future of my father. 18 19 NH: Did you tell any doctors after they were signed that they had been signed before 20 your mother died. 21 22 KP: Yes, the doctor asked me if! had the will signed; and I said, yes, I did. Because 23 they wanted to make sure that that was in place so that we wouldn't have any problems. 24 25 NH: That's a third party who would know your statement that they had been signed. We 26 would need, maybe, the name of the doctor. 27 28 KP: Yes. 29 30 NH: Okay, so you put the documents in the folder. The folder went in the drawer in the 31 bed stand at the hospital, 32 33 KP: Correct 34 35 NH: Holy Spirit Hospital 36 37 KP: Vh, that was on the lsth, that was on a [Saturday]. 38 39 NH: Then what happened? What happened after the 18th when the documents were put 40 into the nightstand? 41 42 KP: Okay, on Monday morning after we had found an appropriate care place for my 43 mother and she was being moved to Manor Care in Camp Hill, I came back to Harrisburg 44 and gathered up all the things that she owned that were in the hospital room. She'd been 45 there for two weeks so there were quite a lot of things, cards, balloons. Cards even went 46 in the folder also that she had been sent. These were then given to my father. He went 5 1 home. I then went with my mother with the ambulance to Manor Care, where she stayed 2 for four days. At lhat point, she was vomiting continuously -- bile, everything, was 3 coming up. An ambulance was called at Manor Care, and we requested that she be taken 4 to Harrisburg Hospital where we felt we preferred the Doctors there and the care that was 5 gIVen. 6 7 NH: Was this the Manor Care facility in Camp Hill? 8 9 KP: Correct, on Market Street, yes. 10 11 NH: So then you made arrangements, given her declining physical situation, to take her 12 to Harrisburg Hospital. She was admitted when? 13 14 KP: We [mother and I] were admitted to the emergency room that evening, and there we 15 sat for quite a few hours.,. 16 17 NH: "That evening" is ... ? 18 19 KP: Being the 23rd of August. Where we sat quite a few hours. In that time, the doctor 20 on call in the hospital happened to be one of the partners that was her family physician, 21 and asked me, he did not know me, -- and I'm not quite sure he really recognized her 22 because she dealt with another doctor that was in that practice -- asked me if! had her 23 living will. And I said, "oh yes, J have it, but I don't have it with me". And he kind of 24 chuckled to me, "well, you don't need it right at this point, but please have it on hand", I 25 then had to leave my mother in the emergency room. She hadn't been given her room 26 yet. And about midnight I went over to Manor Care. I had to retrieve all of her personal 27 things, because my father was ill at home and I wasn't going to bother him that late at 28 night. I also called him up and I said, "Please get out the living wills and have them 29 ready. I'm coming home to get them", I then went back to home, gave him her 30 television and things from Manor Care, grabbed the wills that he gave me and went back 31 to Harrisburg Hospital that night -- probably arrived back around 1 :00 -- and then we sat 32 for another couple hours until she was finally taken to her room. The living will and 33 [last] will -- he gave me both wills, I guess he was very nervous -- went into her Bible, 34 and again that went into her drawer along her bedside in the hospital. 35 36 NH: So after the execution of the documents on the 18'\ your father was in possession of 37 them. 38 39 KP: Oh absolutely. 40 4 I NH: And he looked through those to get your mother's last will and living will? 42 43 KP: Yes. 44 45 NH: And he never said anything to you about "I'm revoking my documents"? 46 6 1 KP: Oh no, not at all. No he just went through the file with all the cards and the papers, 2 got the wills out. He got both out. I guess he just was very nervous himself and just got . 3 anything he could. Gave them to me. I grabbed them and I ran back to the hospital 4 because I wanted to be with her when she was moved up to her room. And then when 5 she was finally settled, I put them in the Bible. And I told her, and I put them in the 6 drawer, and then I went back to West Chester late that night. 7 8 NH: Do you have those two documents today? 9 10 KP: I do. 11 12 NH: The originals? 13 14 KP: I do. 15 16 NH: If you would, please get copies of them, send them to us and retain the originals. 17 18 KP: Okay. 19 20 NH: We may want to attach it to a petition or make reference. 21 22 KP: They are still in that Bible, by the way. 23 24 NH: Now, your mother then passed away. Was there any need to probate her will? 25 26 KP: No, because everything passed on to my father. 27 28 NH: By joint ownership? 29 30 KP: Yes. 31 32 NH: Okay. Did your father -- after your mother's death -- appear to believe that his 33 affairs were in order? 34 35 KP: No, at that time -- my mother died on the 29th -- we had to have a funeral for her. 36 They had accumulated quite a large amount of debt, of which they were embarrassed 37 about. And I had to get everything in order. Find out the extent of the debt which I did 38 not know at that time. Go through their massive amounts of paperwork, which they 39 saved everything, then take all this information. And both John and I then went to their 40 bank, told them we needed to have a loan. We'd like to consolidate this. Another 41 purpose, other than paying for the funeral, was that I truly wanted to have him at ease and 42 not having to worry about money. So that he could live more comfortably and peacefully 43 in his life and so the bank was [agreeable]. They granted us this loan 44 45 NH: Which bank was it? 46 7 1 KP: Commerce Barue 2 3 NH: And did he sign the documents himself, or did you do it under Power of Attorney? 4 5 KP: No, he did sign the documents. I did not sign them. I was there. The bank official 6 remembered me being there. 7 8 NH: So he then had a sense that his financial affairs were in order? 9 10 KP: Yes. 11 12 NH: Did he also appear to believe that his own personal estate planning was in order? 13 14 KP: Oh yeah, he felt that he was set. 15 16 NH: What happened with the folder that contained the remainder of those documents 17 that were executed on the 18th 18 19 KP: The folder was at John's home. They were in a drawer with all of her things that 20 came home from the hospital. He really didn't touch those things. And in the next few 21 days/weeks, I would go home and I would help to clean up things that my mother.... She 22 had her bed in the dining room and lots of things all around. Having all the paperwork 23 from the bills, and everything that they owed, and just generally, the house needed 24 cleaned up. And we were both -- John and I -- looking forward to getting the house 25 cleaned out and preparing for him in his own time to come and live near me in West 26 Chester. So while I was preparing this, I know that I came upon this folder. This was 27 weeks after, and everything was settled. 28 29 NH: So why would you throw the folder away if you thought it contained documents, or 30 didn't you think it did? 31 32 KP: I didn't think it contained documents. The folder -- the Holy Spirit Folder -- it had a 33 large booklet of all the doctors in the Holy Spirit Hospital. It had the booklet of 34 Harrisburg doctors. It had admitting papers. It had birthday cards -- her birthday 35 happened to be three days before she died. It had cards that she had been sent while she 36 was in the hospital. It had everything. 37 38 NH: This was on top of the legal documents? 39 40 KP: Yes, because everything was stuffed in there as I was cleaning out her room when 41 she was leaving the Holy Spirit Hospital going to Manor Care. So everything was stuck 42 in this folder. 43 44 NH: Did you think you needed that material anymore? 45 8 1 KP: Well, ifI would have thought clearly, yes, I would have realized that I needed the 2 wills that were in ;here. But when I looked in there, I saw the Holy Spirit things and 3 cards, and we really just didn't want to have them around. 4 5 NH: It was painful. 6 7 KP: Yes, we just... .so I threw that, along with all the other massive, massive amounts of 8 paperwork and bills and statements that I had to go through in her home. 9 10 NH: Did John know that his legal documents had been thrown out, or did he assume they 11 were still safe somewhere? 12 13 KP: He assumed that they were in the house somewhere. He and I had spoken about 14 them at different times. Both he and I thought they weren't a legal document until they 15 were notarized. So we had made plans in the future that we were going to go to a notary 16 together and that we were going to have these notarized so that they would be indeed 17 legal documents. And you know, we had spoken of them, but we just.... Christmas came 18 and ..... 19 20 NH: I think there's the general impression that a will is only valid if it is notarized, 21 which is not true. It is selfproving... 22 23 KP: Well, we didn't realize that. 24 25 NH: It is self proving, that is, no witnesses would have to appear [at probate). But after 26 you threw away the folder, he was still expressing his understanding that the documents 27 existed and might need to be attended to still? 28 29 KP: Oh absolutely. And Christmas came and he came to my house for a week; and 30 Thanksgiving came, and that was a holiday. And Valentines Day, he came to my home. 31 And Easter was a Sunday. And come the beginning of the year, he was told he was 32 cancer-free, that he had beat cancer. So we were real! y happy about that, and there was 33 no pressing need. And he told me, not to worry, we'll do it, but I'm not going anywhere. 34 He felt really secure in that fact that he had beat his cancer and was going to be with us 35 for a long time yet. He was only 7l. 36 37 NH: His death, then, was rather sudden? 38 39 KP: It was sudden; it was very sudden. He had just purchased a brand-new car. He 40 enrolled in art classes, to do something that he had wanted to do for years, because he 41 was a closet artist and he was truly ready to live life again. 42 43 NH: The death certificate mentions pancreatic cancer as the cause of death, but you have 44 a different belief 45 9 1 KP: I do believe that he died ofa heart attack. He had surgery on his [carotid artery] 2 aorta. He also wa~ taking nitroglycerine tablets ifhe needed them. He also changed his 3 patch every other day. In fact the calendar in the kitchen showed that he changed his 4 patch. Last time at the doctors office -- or maybe not the last time he was there -- but I 5 went with him, just as a general check up. And I was very concerned. He had swelling 6 in his legs. The doctor said that different things happen to the body with massive doses 7 of chemotherapy, and it deteriorates different parts of the body. The swelling was caused 8 by kidney failure, and that was something that he was just going to have to watch. 9 10 NH: You've printed off the computer -- actually the certified technician printed off your 11 hard drive -- a document. Do you believe that's your fathers [last] will? 12 13 KP: Oh, absolutely it is. 14 15 NH: Does it represent your father's intentions, you believe, to administer and distribute 16 his estate? 17 18 KP: Oh yes. I was the only child. I have [He has] one grandchild. Many many, many, 19 many times, both he and my mother would speak about how they would be able to help 20 my child get a good start in life, you know, in time. 21 22 NH: Was there any time after the documents were executed, August 18, 2001, when you 23 had any indication that your father would have revoked those or changed his intentions 24 towards you? 25 26 KP: No. No. In fact, Christmas time we spent the week together at my home, and he said 27 quite a few times... He would tell me how he didn't deserve such a wonderful family. 28 and what did he do to earn such a thing like that... 29 30 NH: You gave us comments that you delivered at his Eulogy, and those are all accurate 31 as well? 32 33 KP: Oh absolutely. It's all about his life -- being brought up in a Catholic Orphanage 34 since the age of three, being on his own, having no home after he was graduated from 35 high school and had to leave tire Home [the Orphanage]. He enlisted in the Navy, where 36 he served gallantly for four years and was very very proud of that. And it instilled great 37 patriotism within him. How he worked, the different places that he had worked, and the 38 friends that he had valued very much. He never had a home or a family [until my mother 39 and I], and he was just very very proud of me and my son. Very much a part of every 40 part of our lives. 41 42 NH: Well, we can't administer an oath here. I have no authority to do that. But what 43 you've said here -- Is it all true and correct? 44 45 KP: Absolutely. 46 10 NH: And that is an. I might mention that Cheryl Baker, a paralegal here at Goldberg, Katzman and Shipman, P.e., sat through this discussion as we recorded it, as a witness. I 2 3 4 5 6 7 8 9 10 11 12 13 Notes: Session ended at 1 :23 pm. Attachments: 1.) 84923.2 Copy of Handwritten Calendar for August, 2001, as referenced above. 2.) Copy of printed, but unsigned, last will and testament of John Stevenson, as referenced above. 11 ~ .". -S;;;/ --0\~ ~$) (:.0' 6'=~ \+.(':\G\ }'S\ , . ((--\ ~. '~ . <Q -cii ~::c- -( t;;; p- ~,.- '~ ~ \):0. it \~ -i .~ 1 ~a \~ '../' I \1 , ~ \ -X- ~) .! \ ~ I,t ~ J > \ C- " ;:r (Y ~@J~J\~~\i V\\ t ~ l c- \\~ J, l ~ \f r f\ \. ~ L \ Ij: J\ ,~-'-.:;:~ ,,~ ,J' 'f'~ \ ~ 0 '" v\ \ ~ -cc ':'\ \ 1i ' ,ill ' \ ' ,'il \ t I "",t ~ \ 17 - /r:' 5 ~ \5> ~ ~ J(I.-:t i,. t t:. 6- K7:.. :;:, ~ I ~' '. ,'" 1" r. ~ ' ~ 1? I ' ',1: ," -" '" '\ ' ,(C -t; ~ '~~ 1~\~ (0/ . r:.. ~ I .....--..', '", ,_ . ,." ,-""'~..._,- \ 0'. . '-\\t~'-""'~"'.l \ \~~ ~ \~C . 'Q0 \ . '~ -:c "'-.-1. \ . J i '~. '" P \ ',~ z.. ',,~ \~ \'T \~ \ -...r- ,(~'\ ~\ ';-F-- -". -.~"~- -- ' - \ " \ , ~ \ - / \ \ \ > t \. l;.rl i I \ \ J;;;.. i\l' i ~~ J\ LAST WILL OF John F. Stevenson I, John F. ,stevenson, a resident of the Commonwealth of Pennsylvania, being of sound and disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking ail Wiils and Codicils previously made by me. I. EXECUTOR: i appoint Sarah Betty Stevenson as Executor of this my Last WiIi and Testament and provide if this Executor Is unable or unwliling to serve then I appoint Kim D. Pinci as alternate Executor. My Executor shail be authorized to carry out ail provisions of this Wiil and pay my just debts, obligations and funeral expenses. i further provide my Executor shail not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law. II. MARITAL STATUS: 1 declare that I am married to Sarah Betty Stevenson and that ail references in this Will to my wife are references to her. ill. SIMULTANEOUS DEATH OF SPOUSE: In the event that my wife, Sarah Betty Stevenson, shail die simuitaneously with me or there is no direct evidence to establish that my wife and I died other than simultaneously, I direct that I shail be deemed to have predeceased my wife, notwithstanding any provision of law to the contrary, and that the provisions of my Will shail be construed on such presumption. V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Wiil, including any beneficiary of any trust established by this Will, other than my wife, shail die. within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shail be deemed to have survived such person. VI. BEQUESTS: Should I predecease my wife, Sarah Betty Stevenson, I bequeath ail of my woridly possessions to my wife, If I shouid survive my wife, Sarah Betty Stevenson, I then bequeath ail of my worldly possessions to her only daughter, Kim D. Pinel. Initial here: IN WITNESS WHEREOF, I, John F. Stevenson, hereby set my hand to this last Will, on each page of which I have piaced my initials, on this . day of , at Pennsyivania. John F. Stevenson The foregoing instrument, consisting of two pages, including this page, was signed in our presence by John F. Stevenson and declared by him to be his last Will. We, at the request and in the presence of him and in the presence of each other, have subscribed our names below as witnesses on this day of [Signature of Witness #1] [Printed or Typed name of Witness #1J [Address of Witness #1] [Signature of Witness #2] [Printed or Typed name of Witness #2] [Address of Witness #2J [Signature of Witness #3] [Printed or Typed name of Witness #3J [Address of Witness #3] Initiai here: luRe: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF JOHN F. STEVENSON, Deceased No. AFFIDAVIT REGARDING TRANSCRIPT OF SEPTEMBER 16. 2002 AND NOW comes, Kim D. Pinei, who being duly sworn, deposes and says as follows: 1. On September 16, 2002, I met with Neil Hendershot, Esquire and Cheryl L Baker, CLA, at the office of Goldberg, Katzman & Shipman, P. C. 2. With my consent, a portion of the meeting was recorded, which became the subject of the "Transcript of Session" attached hereto 3. I have reviewed the Transcript, and affirm that it is accurate, and that the facts stated therein by me are true and correct. /~ I ~ '\ "-.-,.- ---' /~L, rK J t-1~Ca.i!J._ Kim D. Pinci Sworn to and subscribed before me this '1'Nayof October, 2002. 'VJ~<)/' ~1,ill, .. A,I 0,0' Notary Public ANTHONY F. BRUNO COMMONWEALTH OF PENNSYLVANIA COMMISSIONER OF DEEDS My CommIssion Expires 7/5/05 C...B.E. Inc. This letter is to notify and give notice that I Charles F. Borromeo has reviewed and analized the hard drive, that was installed in Bob Pinci K.ehtron Computer, with the following specifications. Manufacture IBM Model # DTLA-307045 SERIAL NUMBER YMMC8363 part number 0705640 Digital Stamp ill 07N5640F803260POA. This hard drive was installed in Bob Pinci CuJllput.;I and given to C.B.Electronics Inc. for the expressed reason of recovering data related to Last Will and Testament of John F. and Sarah Betty Stevenson. I have recovered six documents and supplied all satatics and data. The summery of that data is as follows FILE NAME DATA BITES DATE CREATED DATE MODIFIED DATE PRINTED Last Will Betty.doc 23,040 08/16/2001 08/16/2001 081l6/2001 Last Will John.doc 23,552 08/16/2001 081l6/200 1 08116/2001 Living Will Declaration 25,088 08/15/2001 081l5/2001 none John.doc Living Will Declaration 25,088 08/15/2001 0811512001 none Betty.doc General Power of 28,672 08/1512001 081l5!200 I none Attorney John.doc General Power of 27,136 08/15/2001 08116/2001 081l6/2001 Attorney Betty .doc ~. .., Charles F. Borrorneo / p/~ ~ ~- ~ a----- Notary Public: . '0 l o' , Subscribed and sworn to me this <3naay of ~Zi/J7.-?'6v 'I ~ / / ",rf",...:t-b-::c~' ~fv. / / EXHIBIT ~. 20 de? , - 1 .. ': RUTHANN KING Notary Public Delaware Commission Exp/res 12/8104 . VERIFICATION I verity that the statements made in the foregoing "Supplement to 'Petition for Grant of Letters' Regarding Probate of an Unsigned Copy of a Lost Will" are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. 1/. "\\.. .......l ; / (. 'f-.-J. ~~01 Kitjz D. Pinei I / ~ Date: q. ;Z,J(- 02 . CERTIFICATE OF SERVICE I, Neil E. Hendershot, Esquire, hereby certify that I served the Supplement to "Petition for Grant of Letters" Regarding Probate of an Unsigned Copy of a Lost Will, via hand delivery, upon all parties, namely: Warren Klunk, Chief Reports Reconciliation Division Bureau of Individual Taxes Pennsylvania Department of Revenue 5th Floor, Strawberry Square Harrisburg, PAl 71 0 1 Date: October 18, 2002 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~?iZ /Ld-JZ ~ ~ ~ Neil E. Hendershot, Esquire --- ",., .,......... ~ -"f, 't "t.. 't, -< .'. ::\:J' ~ Jm " . .:- \ ~ ..,.........A~\. l ~ ''1\~' .. ~lo \ .. ~ ,,,~~ '.....111.. 11\ ~".I' , , Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2002-01022 PA No. 21-02-1022 "1,') ESTATE OF STEVENSON JOHN F \LAbl, tLKbl, MLUUL~) Late of HAMPDEN TOWNSHIP L:U1Vlot,;.t<.LAl\JU LUU1\I1Y, WHEREAS, on the 21st dated U N D ATE D was admitted to probate as the last will of STEVENSON JOHN F (LAbl, tLKbl, MLUUL~) Deceased Social Security No. 168-26-4943 day of October 2002 an instrument late of HAMPDEN TOWNSHIP 29th day of July 2002 and, WHEREAS, a true copy of the will THEREFORE, I, MARY C. LEWIS CUMBERLAND County, who died on the as probated is annexed hereto. , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to PINCI KIM D who has duly qualified as Executor (rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the 21st day of October 2002. ~ In ~" ',\ Q -J.. r1. I'hJ' ,C'r-" \ (, Keg-:~.~.t!"e f6'IJl! iII\~rf?j'~' . ~ :D.1LA i '. **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) ~ LAST WILL OF John F. Stevenson I. John F. Stevenson, a resident of the Commonwealth of Pennsylvania, being of sound and.disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me. I. EXECUTOR: I appoint Sarah Setty Stevenson as Executor of this my Last Will and Testament and provide if this Executor is unable or unwilling to serve then 1 appoint Kim D. Pinel as alternate Executor. My Executor shall be authorized to carry out all provisions of this Will and pay my just debts, obligations and funeral expenses. I further provide my Executor shall not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law. II. MARITAL STATUS: I declare that I am married to Sarah Betty Stevenson and that all references in this Will to my wife are references to her. III. SIMULTANEOUS DEATH OF SPOUSE: In the event that my wife, Sarah Betty Stevenson, shall die simultaneously with me or there is no direct evidence to establish that my wife and I died other than simultaneously, I direct that J shall be deemed to have predeceased my wife, notwithstanding any provision of law to the contrary, and that the provisions of my Will shall be construed on such presumption. V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneflclary of this Will, including any beneficiary of any trust established by this Will, other than my wife, shall die. within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived such person. VI. BEQUESTS: Should I predecease my wife, Sarah Betty Stevenson, I bequeath all of my worldly possessions to my wife. If I should survive my wife. Sarah Betty Stevenson, I then bequeath all of my worldly possessions to her only daughter, Kim D. PineL Initial here: . ~ IN WITNESS WHEREOF, I, John F. Stevenson, hereby set my hand to this last Will, on each page of which I have placed my initials, on this . day of . at Pennsylvania. John F. Stevenson The foregoing instrument, consisting of two pages, including this page, was signed in our presence by John F. Stevenson and declared by him to be his last Will. We, at the request and in the presence of him and in the presence of each other, have subscribed our names below as witnesses on this day of [Signature of Witness #1] [Printed or Typed name of Witness #1 ] [Address of Witness #1] [Signature of Witness #2J [Printed or Typed name of Witness #2] [Address of Witness #2] [Signature of Witness #3] [Printed or Typed name of Witness #3] [Address of Witness #3J Initial here: ........,1 II ll....l''-l.... UMI'll' nnu ur~ 1",.1"'11 P.02 ACCOUNT REPORT RE: ESTATE OP-JOHN F. STEVENSON (SSN 168-26-4943) ~fCtf~/t[J I( .' DATE OF DEATH: July 29, 2002 INSTIIirnON: Commerce Bank Account No.1 Type of Account: CMckinl!: AccOuntNo...Q:32048551_ - Opened~ Ownership Name(s) J"oh ~ r: c> R.. 5c....,-Q...h B S+e.\1 e...>"\ SO,v Date cunent ownership 88tablished (J Lll.9...:l Balance of principal as of Date of'Dea:th {j,?:l, ~ 1 <3 . <g (p Accrued Interest as oiDate of Death (Not in~uded above) ~ Accrued Interest from IIl/Ol to Date of Death Other comments, including any checks honored by the bank after date of death: Account No.2 Type of Account: Loan Account No, 400208123 Opened~OI3 J 01 '6-\ t:...-J e..,.., ~() n Ownership Name(s) -:::s- 6h ri Date current ownership established Balance of principal as of Date ofDeatb. Accrued Interest as of Date of Death (Not included above) Accrued Interest from 1/1101 to Date of Death Other Comments: H~-24-2003 12:05 COMMERCE BRNK HBG OPS CNT . . A.ecoet No.3 RtCt...... , '. .~ .. t, ,,' . Type of Account: Account No. Opened Ownership Name(,) Date current ownership estabJished Balance of principal as of Date of Death Accrued Interest as of Date of Death (Not included above) Accrued Interest from 1/1/01 to Date of Death Other comments: Safe Deposit BOI Location and Box: No. Ownership Date Box opened Date current ownership established VElUFIED AS TRUE, COMPLE1'E AND ACCURATE: INSTITUTION: CO(y)fYlc.rC~ 6D./'1< I \-\osr~~6L-Lr<j BY: W6..rdA....-:1 (Y'y)e.~S DATE; Lf / :;llf I D '5 TITLE: C-' F I E.()...rr.., L e6d e..'-- 1'Xl07.1 P.03 TOTAL P. 03 STATUS REPORT UNDER RULE 6.12 Name of Decedent: Date of Death: JOHN F. STEVENSON 7/29/2002 Will No. Admin. 2002-01022 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 12/1/2004 Date: o If the answer to No. 1 is Yes, state the following: ao Did the personal representative file a final account with the Court? Yes No bo The separate Orphans' Court No. (if any) for the personal representative's account is: Co Did the personal representative state an account informally to the parties in interest? Yes No do 6/15/04 Copies of receipts, releases, joinders and approvals of formal or information accounts may be filed with the Clerk of the Orphans' Court and may be attached to l,h~report~'"' ~- Neil Hendershot, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Capacity: X Personal Representative Counsel for personal representative