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HomeMy WebLinkAbout11-23-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Donald E. Devine also lmown as File Number Z ~ ' / (~ - //.S ~ . Deceased Social Security Number 183-12-4581 Petitioner{s), who islare 18 years of age or older, appty(ies) for. (COMrLETE 'A' or 'B' BELOW.) ~, ~{s)~/~~ Executrix ' ~~~ A. Probate and Graat of Letters Teabmeata and aver that Petiti last Will of the Decedent dated 1/6/1995 and codicil(s) dated 1/17/1996 and 2/1/2001 (Stmte relevau etrernu~rces, eg., retavrctation, death ojsseeraor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born a adopted after exeartion of tha ir~stnlntent(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters otAd®iai~rrrtioa ({J'appitcable, stoat: c.t.a; db.n.ata; pendente ttte; dwrarue absentia; dwmtat N Petitioner(s) after a prgrer search has /have ascxrtained that Decedent left no Will aad was survived by the follown~ cif heirs; ~{ Adtninisd~aua-, c.ta. or db.n.c.ta., enter dote ojWill in Sectiwr A above and cwnplete list oJ'htirs.)~" ~ --~= ;- t7O i G Ca _? r~ Name Rdationehi .__. ; i"-, W .I7 Z _ --c7 M _~ (COMPLETE ItV ALL CASES.) AaodF add!liottd slrtets ljnecessary. a ,~ ~ ~~ C? Q ~ -;~, Decedent was domiciled at death in Ctirmberland County, Pennsylvania with his /her last principal residence 8t (~ stmt addhess, av~vn/ckj; rowndtp, Gorrry, stage, zip code) Decedent, then 89 years of age, died err 11/158010 at County, Decedent at death owned property with estimated values as folbws: (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 Pemtsylvania situated as Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and die grsrrt of I,ettets ~n tl-e appropriate form to the undersigned: ~rr,~, ~ l-~ ~ _ . ~ ` ~ Kathy A. Quirk, 2220 <ioose Valley Road, Harrisburg, PA 17110 Forne RW-02 .ev. io.i3.o6 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~~~ . The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true anc~ correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) w~ll well and truly administer the estate according to law. /~_ .a ~ .tl ~ n Sworn to or affirmed and subscribed before me the 23 =~- day of For the Register ~' Signatr~e of Personal Repreaer~tative Signau~ar of Personal Representative p _ sl ;_ *~ N f'~"F C+J ~'_7 Zs ~:~- ~ ', File Number: ~- C"~ rrt+ ~ `~ cT ' `' Estate of Donald E. Devine Deceased Social Security Number. 183-124588 Date of Death: l l/15/2010 AND NOW, , in consideration of the foregoing Petition, lsatisfitctory proof having been presented before me, IT IS DECREED that Letters Testamentary ~; ' are hereby granted to icathv A. Quirk `~ ~' "ut the. above estate and that the instrument(s) dated 1/6195, Codicils dated 1/17/96 and 2/1/01 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ 2~ o, «~ Re Short Certificate(s) ........ $ Flo .~ Attorney Signature: v Renunciation(s) .......... $ ~ W. Scow Starch w ~'~ .. $ / S~ Attorney Name: , Es9• ~'~~t c ~ ~ ~ .. $ ~a . u~ Supreme Court LD. No.• 23887 -~ ... $ ... $ Address: Laws, Staruch & Pisarcik ' • • • $ 20 Erford ltd., Ste 305 ' ... $ ... $ Lemoyne, PA 17043 '! ' ' ' $ Telephone: (717) 975-0600 ..$ TOTAL .............. S 0.00 ._ _//. Form Rw-o2 rev. ioas.o6 Page 2 of 2 ..... _ _ _ 1 1. 7 // 7 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16$06032 Certification Number This is to certify thaC the information here given is correctly copied from'an original Certificate of Death duly filed with me aS Local Registrar. The original certificate will be' forwarded to the State Vital Records Office for ~armanent filing. ~.. NOV 1 6 2010 Local Registrar Date Issued Ar.i o ~ -z Z ~~-~ O G> 7 C..r., ~ N ~ +. r"F'i f-,-7 ~? ~, c~ ~~-~ _,. ~ -r, OD ~! N ~i. ~' ~ 47 d lT "'7 q qey „peeA COMMONWEIIETN OF PENNSY4VANU1 • DEPARTMENT OR HEALTH • VRAL RECORDS ~~~ (SN MCMh1lfltWlt MA'1d~ O~XYRONt erY~tM1 ar.~c cw a rr~eao 1.IYrdOArdAIlRd,nidi,Yr,aAq aea~ aSedMlBruArNnnba •.~OnY 1W~.4ry.vrA 2010 1 - 4588 Notr mbar 15 183 , - Donald E. Devine- Male ai,lAtw,eneM un0a+ + a a r. r,Mr,An« Aafbrd0nei rid. °~ 89 rn. ob• ~br ~ Aug. 19, 1921 New Cumberland, ~ ps„~ p,o,, ^ ^ ^~,,,,. IS cacti d o.n x ay,lao, T•v a orn TTwwco~ ed F~wa. p*d bwlMa+oM nlr,rd ninlAA A. 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TeMeM1YAA¢M,AM"AprMMaIMdIMIM~d,r,ald Abr,rAdrbNlnMlalMrdMaaa/rnW/------------------ I^ ( W • IMn/E~latl0arr onMMrbdrriMrerril«Ma.wyrearw•rM+a4wu.randrrrwr,dr., rerben,raerbwru~W.r.rnwrrrl ^ al Nor adAMnrd MnOn Yeo CrgM~7 crNdOrli (Ibm ! ~~~ ~V ~ ~ "° ~~~ / i ~i / i~ i ~~~~` of 53U N Sit ~u ~ a ~~ en~l~.i3r CODICIL TO THE LAST WILL AND TESTAMENT OF ~ Z n ~ DONALD E. DEVINE r ~ rn N ~CJ3~ W Dated: January 6, 1995 ~dp a a ~ ~ a~ .C' I, DONALD E. DEVINE, the within named Testator, do heref.~i make and publisr- this Codicil to my Last Will and Testam~nt bearing the date of January 6, 1995 in the following manner, t$o wit: I do hereb;~ amend and change my Last Will and Testament as f~ llows: 1. All the contents of Paragraph Item IX are herby deleted in their entirety. 2. All the contents of Paragraph Item IX in my '',codicil to said will dated January 17, 1996 are hereby deleted in their entirety. 3. Inserted in my said Last Will and Testament dated January 6, 1995 is the following paragraph, to wit: ITEM IX: I nominate, constitute and appoint KATHYr A. QUIRK, my daughter, as the sole Executrix of this my Last; Will and Testament to serve without bond. I hereby ratify and confirm my said Last Will and Testament excep-_ insofar as any part hereof is revoked ar modified by this Codicil. IN WITNE:'S WHEREOF, I, DONALD E. DEVINE, have to this Codicil to my Last Will and Testament dated January 6, 11995, '/~r~ N o ~ O ~ ~.:. m ~__ "~ ~'~ ~,.r'f :.~'~ - `. "7 ~? `.` ~ ~{~ v > ~=n ~,~ ~. ~~'~ C~ ...r~ r subscribed my name and set my seal this IS' ' day of ~i 6R~,A~,,, 2 0 01 '. 1 ~ Donald E. Dev e Signed, sealed, published and declared by the sa~c~ Donald E. Devine, as and for a Codicil to his Last Will and Testa~n nt, in the p~esence of us, who in his presence and in the prese ce of each oth have at his request subscribed our names as witne~ es hereto. residing esiding at 7D3 ~ J at ~~ 5 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ SS WE, the undersigned, the Testator and the 'witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn and qualified according to law,'' do hereby declare to the r.ndersigned authority that we were pres~e~nt and saw the Testator sign and execute the instrument as a Codicil to his Will, and that he had signed willingly and that he exe ut,ed it as his free and voluntary act for the purposes therein exp~essed, and that each of the witnesses, in the presence and hea~-~ng of the Testator, signed the Codicil as witnesses and that to'tihe best of ti_eir knowledge the Testator was at that time eightee~'(18) years of age or older, of sound mind and under no constraint or undue influence, and I, the said Testator, do hereby acknowl,e~dge that I signed and executed the instrument as a Codicil to my Last Will and Testament, that I signed it willingly, and that I signed is as my free and voluntary act for the purposes therein expre~$ed. `•~ ~-. `•~ tom., Donald E. Devine - Testa or Wi ess W' s Sworn to and subscribed before me this ~~day of ~~ 206. Notary Public My Commission Expires: NOTARIAL SEAL MARY D. VER RAGE, Notary Publ4s ', Fairview Twp., York County M Commission Ex fires Ma 7, 20Q~2 / _ _ _ _ CODICIL TO THE LAST WILL AND TESTAMENT OF DONALD E. DEVINE (Dated January 6, 1995) -r •, ~ °- O 4''~ m t G%>~~ ~ N _ ~ ?..~ r:~._~ _...~.~ .~ v3 ~ w ~ c~ ~ C~ (~ ~ ~ -f '"T'i ~ ~ CyD F ' .~ ~ ~n~ j v~ I, DONALD E. DEVINE, the within named Testator, do hereby make and publish this Codicil to my Last Will and Testament baring the date of January 6, 1995, in the following manner, to w~tf: I do hereby amend and change my Last Will and Testtament as follows: 1. All the contents of Paragraph Item IX is hersl~y deleted in its entirety. 2. ITEM IR - I nominate, constitute and appoint TIMOTHY EUGENE DEVINE as the sole Executor of this my Last'Will and Testament to serve without bond and in the event he re~~ses or is unable to act for any reason then I nominate, constitute and appoint KATHY DEVINE QUIRK to be .sole Executrix and to serve without bond. I hereby ratify and confirm my said Last Will and Testament except insofar as any part hereof is revoked or moditi~d by this Codicil. IN WITNESS WHEREOF, I, DONALD E. DEVINE, have to this Codicil to my Last Will and Testament dated January 6, 1995, subscribed my name and set my seal this ~^ day of January, 1996 1JW~.`L, ( SEAL ) DONALD E. DEVINE Signed, sealed, published and declared by the said Donald E. Devine, as and for a Codicil to his Last Will and Testamlelnt, in the presence of us, who in his presence and in the presence of each other have at his/her request subscribed our names a~ witnesses hereto. residing at `(~~ D Itl~ d~ ~ rtlc- FMB ;a-c~yp • R 'c~~Z~ residing at ~5 c.~Of~k/ ~~ j ~ COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~© ) We, the undersigned, the Testator and the .Witnesses, respectively, whose names are signed to the foregoing ~~istrument, being first duly sworn and qualified according to law, do hereby declare to the undersigned authority that we were pres~iht and saw the Testator sign and execute the instrument as his Willi, and that he had signed willingly, and that he executed it as hi$ free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of their kno~a~edge, the Testator was at that time eighteen (18) years of age or'older, of sound mind and under no constraint or undue influence; end I, the said Testator, do hereby acknowledge that I signed and e~~cuted the instrument as my Last Will and Testament,. that I~igned it willingly, and that I signed it as my free and volunt~zty act for the purposes therein expressed. WrG11C5~ Witness Swor~ to and subs ibed before me this ~ ~ " , day of a~ , 19 ~' j Notary Pu 1'c My Commission Expires:l~Ial~ q Enid V. Mann Notary Public Fairview Twp., kt~ County My Commission i=xpir~es July 12,1999 - _ _ i LAST WILL AND TESTAMENT OF DONALD E. DEVINE ~7 ~_ ~ c c N C!~ W ~' ~ oQ cr+ I, DONALD E. DEVINE, of 623 Thrush Court, MecYi~nicsburg, Cumberland County, Pennsylvania, 17055, being of found and disposing mind, memory and understanding, do hereby male, publish and declare this to be my Last Will and Testament, hereb~ revoking all other Wills and Codicils previously made by me. ITEM I: I direct the payment of all my just debt,; expenses of my last illness, funeral expenses, perpetual care of imy burial lot, suitable marker for my grave and the costs of admnistrating my estate from my estate as soon after my death as conveniently may be done. • 'v nd be ueath to KATHY DEVINEiI'',QUIRK my ITEM Ii. I gi e a q grandfather's clock made of old barn wood. ITEM III: I give and bequeath to TIMOTHY EUGENE DE~~NE my two lazy boy recliners and all my tools. ITEM IV: I give and bequeath to JEFFREY EUGENE DEVINE my lawn boy mower, snowblower, microwave oven and two bar stools or any replacements thereof. ITEM V: I give, devise and bequeath all the res~t~ residue and remainder of my estate of every nature and wherever situate, together with all insurance policies thereon, to thosi~ of the following then living namely, TIMOTHY EUGENE DEVINE, JEFFREY EUGENE ~~ i '~'; `_ ~~: ? rn ~~ DEVINE and KATHY DEVINE QUIRK. ITEM VI: It is my will that Timothy Vaughn Devine not receive anything. ITEM VII: I direct that any and all taxes theft may be assessed in consequence of .my death, including all Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my Will or otherwise, shall be paid out of the principjal of my residuary estate as a part of the expense of the admins~i~ration of my estate. ITEM VIII: I authorize and empower my personal reprelsentative and /or Trustee representative to compromise, adjust, re4lease and discharge in such manner as my personal representativ~lmay deem proper, all debts and claims owed by or to me or my Estate; to sell, lease or exchange at public or private sale or in such manner, at such prices, and upon such terms of credit or otherwise, as my personal representative or said Trustee may deem p~rpper, all or any part of my property, real or personal; to, execute, acknowledge and deliver instruments of conveyance, inclukl~ng deeds in fee simple; to borrow money for the purpose of payi~~ estate, inheritance or other taxes which are required to be paid and to secure any such loan by pledge or mortgage of all or a~~ part of my property and to execute the necessary instruments to harry out such powers; to distribute my estate in kind or partly in ~Cind, and to determine the fair value at which any property so distributed in kind shall be received by the distributes; to conduct any business in which I have an interest at the time of my de~~ase, for such period as my personal representative may deem proper, power 2 to borrow money and pledge assets of the business and the power to do all other acts that I, in my lifetime could have done, to delegate such power any partner, manager or employee without liability for any loss occurring therein and to b~ganize a corporation to carry on said business as capital to such corporation and accept stock in the corporation in lieu thereof .and hold such stock for the uses of this my Will, and to vote said stock or sell the same as to my personal representativ~le'~ may seem best; to retain all stocks, assets, bonds and investments; to execute any options to purchase, to apply for stocks~';bonds or other investments, to purchase or otherwise acquire reallystate and to execute the same powers thereover as hereinbefore prowi~ded, to retain indefinitely any part of my assets, real or persd,nlal, which is or may become unproductive or to make sale thereq~; to pay 'i carrying charges and expenses of the property out Hof other principal or income of my estate; to invest and reinv~$t in all forms of property without restriction to investments authloirzed for Pennsylvania fiduciaries, as they deem proper,without rec~a~rd to the principle of diversification or risk; to exercise any data-given option to treat administrative expenses either as income''itax or as estate tax deductions, without regard to whether the e~tp~}~ses were paid from principal or income. The powers herein confet~ed shall be to my named personal representative and said Trusted end all successors thereto and shall be in addition and not in ~,~m~.tation 'I of other powers conferred on said fiduciaries. Any and all payment or payments of any sum or sums, y~l~ether in 3 cash or in kind and whether for principal or income, payable to any beneficiary shall be made upon the sole receipt of the respective beneficiary to .whom the payment is made, and .free from anticipation, alienation, assignment, attachment, and '~,p~ledge and free from control by the creditors of any such benefic~i~ary. All shares of principal and income hereby given shall be'~free from anticipation, assignment, pledge or obligation of the beneficiaries and any of them and shall not be subject to any ex~eCUtion or attachment, levy or sequestration or other claims of th~'creditors of said beneficiaries or any of them. IT IZ• ~ no inate, constitute and appoint KATHY DEVINE ~1EFfl~ G6N~~lIiN ~ DZ~ QUIRK and TIMOTHY EUGENE DEVINE as the sole Executors '~ojf .this my Last Will and Testament, to serve without bond. I11 WITltSSS NHERSOF, I, DONALD E. DEVINE, have, to tlhis my Last Will and Testament, set my hand and seal this G T ~ day of ~~AAlL~~ u- , 199,x. ~ [~., , ' J0~ aQ, ~ ~ ' :i'r'~"'c~'~' ( SEAL ) DONALD E . DEVI'1VfE 4 Signed, sealed, published and declared by DONALD E. DEVINE, the above-named Testator, on the ~,~"~ day of ~Ja~U,,~,R~ , 1993, as and for his Last Will and Testament in the presence of us, who, in his presence and in the presence of each other have, at his request, subscribed our names a~ witnesses hereto. residing at 703 ~ MCA ~/~~1~~ Name ~EW _Ci+~. n+tp~~t L.. 1~Lj1TlA ~7b~d (} ~ residing at ~~~~_~f~~' ~ ~ ~~ 5 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF YORK ) We, the undersigned, the Testator and the respectively, whose. names are signed. to the foregoing i~ being first duly sworn and qualified according to law,' declare to the undersigned authority that we were press the Testator sign and execute the instrument. as his Wild. he had signed willingly and that he executed it as hi'i~ voluntary act for the purposes therein .expressed, and t~ the witnesses, in the presence. and hearing of the Testa# the Will as witnesses and that to„the best of their k~lcl Testator was at that time eighteen (18) years of age o~ sound mind and under no constraint or undue influence;'',, said Testator, do hereby acknowledge that I signed and e~ instrument as my Last Will and Testament, that I willingly, and that I signed it as free and voluntary al purposes therein expressed. Witnesses, sfi rument, do hereby .t and saw and that free and it each of ~r, signed ~~dqe the older, of nd I, the ~cy~ted and -igned it t for the Testato i Witn s ~~ Wit esis ', Sworn to and subscri ed before me this day of _, 199s~. ~" •e. Notary Public My Commission Expires: ~Fa ~Nsw Rrh~c MY Conxr-iseionires Juy~2p, 1998 Member, p'~varreAsfooterpn d Nc~ries 6