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HomeMy WebLinkAbout05-09-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of DOROTHY E. EVINA File Number ~ /" ~ ~ - ~ ~ (c~~-- also known as Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: {COMPLETE 'A' OR 'B' BELOW: } D A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTOR named in the last Will of the Decedent dated 12/14/1999 and codicil(s) dated N/A PETER EVINA PREDECEASED THE DECEDENT ('State relevant circcsmstances•, e.g., rentrnciarion, 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: and was not a party to a pending divorCe ro eedi t th tim o dea a ein grounds for divor~~e had been estalished as B a~ra~nt o~ette ~o~f Adarriinist~rat n gec~ion3~2~~g~ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durance minaritate) Petitioner(s) after a proper search has /have ascertained that Decedent left na Vl/ill and was survived by the following spouse (if any) and heirs: (If (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ` ' '~ ~ L 1 ...r, __ .-, Decedent was domiciled at death in CUMBERLAND ~ , County, Pennsylvania, with his /her last pnz~p~residence at 770 S. HANOVER ST. CARLISLE PA 17013. CARLISLE ~v ~ i BOR~JGHr~" ~-~ (List street address, townlcity, towmship, coirnh~, state, zip code) ~ ~~-~- `"?C~J C~.: Decedent, then 94 years of age, died on 1/28/2011 at CHAPEL POINTE HEALTH CARE CENTER CUMBERLAND COUNTY CARLISLE PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania N/A situated as follows: Personal property in Pennsylvania Personal property in County ~ 6.800.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and ttie grant of Letters in the appropriate form co the undersigned: Sign e Typed or printed name and residence PAULINE E. STEVICK 5 SUMMIT DRIVE DILL BURG PA 17019 Page 1 of 2 Fo~7n RW-02 rev. 10.13.06 Administration, c.t.a. ord.h.n.c.t.a., enter date of Will in Section A above acrd complete list of heirs.) a Oath of Personal representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND = The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed subscribed before me the ~ ~ day of of Persanerl Representative ~ PAU LI N I. E. ST t-.G - , 2~ 11 ~ . -, -, Signature of Personal Representative ~ ~--~ ~ ' -- ~; . ~ .t - ' - ~ .i._ ~ l '- - .. f FOr Ze gister Signature of Personrll Representatrve ~ _ .. / :~. __ - _~ ~ -; _~ ~ rT File Number: ! r •', ~~- r ~ ~-- Estate of DOROTHY E. EVINA ,Deceased Social Security Number: 177-26-1262 Date of Death: 1 /28/2011 AND NOW, ~~ , 2011 , in consideration of the fore;going Petition, satisfactory proof having been presented befo e me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to PAULINE E. STEVICK in the above estate and that the instrument(s) dated 12/14/1999 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s); of De~Pdent. _ FEES Letters ............................. $ 45.00 Short Certificate(s) •••••••••••• $ 12.00 Renunciation(s) •••••••••••.•••• $ WILL ,,., $ 15.00 JCS .... $ 23.50 AUTOMATION ,... $ 5.00 TOTAL ..................... .... $ .... $ .$ .$ .$ .$ . $ 100.50 Attorney Signature: Supreme Court I.D. No.: 34838 Address: WIX WENGER & WEINDER. PO BOX 845 HARRISBURG PA 17108 Telephone: 717 234-4182 Fnr•m RW-02 rev. 10.13.06 Page 2 of 2 Attorney Name: DAVID R. G ETZ. ESQ. LAST WILL AND TESTAMENT P•_ ~? ~a~r = : ~ ~ . ,~ ~ -.. _L.~ ~_.~ l 1 Ca : .-~ DOROTHY E . EVINA , ~_. , , ~_-~ s,...~ ,,- , ~__; -,-,~ r l ti_,~-~ f 9 ~~ -- `~ • a 'S I, Dorothy E. Evina, of Monaghan Township, York Count; Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all wills and Codicils by me at aizy time previously made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any ~>roperty, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for an~,r such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment that I may have at the time of my death in favor of my residuary estate, and all property subject to all such powers shall be included in my Estate. ITEM III: I give and bequeath all my houser~old furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adornment to my hus~~and, Peter Evina, if he survives me, or if my husband does not ~;urvive me, to my daughter, Pauline E. Stevick, of Monaghan Township, Pennsylvania, per s ti riles . ITEM IV: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal ~~nd mixed, to my husband, Peter Evina, if he survives me, or, if hE~ does not survive me, to my daughter, Pauline E. Stevick, per stirpes. _, ~---- { ~ - _? _r • _1 f L.' ,~ ~"--.~ --; , Page 1 of 5 ITEM V: In the settlement of my Estate, my Executor shall possess, among others, the following powers to bE~ executed for the best interest of the beneficiaries: (a) To sell either at public or priv,~te sale and upon such terms and conditions as my :Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and withoL~t obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledc~e and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Paragraph V(a) or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My Executor shall pay expenses o:E my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in ki~Zd, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed. desirable by my Executor and to invest in such bonds, stocks, notes, money markets, real est~~te mortgages or other securities or in such other property, real or personal, as he shall deem wise, without being restricted to so-called "legal investments." (f) To mortgage real estate and to make leases of real estate. (g) To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. (h) To vote any shares of stock which form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guardian of the person of any minor beneficiaries hereunder. Page 2 of 5 (k) To elect such settlement options as deemed most appropriate by my Executor witYl respect to any pension, profit sharing or other retirement plan in which I am a participant. (1) To do all other acts in the judgmE~nt of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VI: Any person who shall have died at the same time as me, or in a common disaster with me, or under ;such circumstances that it is difficult or impossible to determine v~~ho died first, or who f ail s to survive me by ninety ( 90 ) days , s~zal l be deemed to have predeceased me. ITEM VII: If at any time any minor child or legally incompetent person shall be entitled to receive any assets hereunder, I hereby nominate, constitute and appoint my Executor to act as Guardian of the assets payable to such person. Said Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner said Guardian shall deem advisable for the best interest of such person, including college, university, post-graduate or other education, without secu~~ing court order. Said Guardian shall have all the rights and privileges as to the Guardianship and the assets thereof as are herE:in granted to my Executor as to my Estate and the assets therein. ITEM VIII: I nominate, constitute and appoint my husband, Peter Evina, to be my Executor. In the event of the death, resignation, refusal or inability of Peter Evir.~a to serve as my Executor, I nominate, constitute and appoint my daughter, Pauline E. Stevick, to serve as Executrix (herein referred to as "Executor ") in his place. In the event of the death, resignation, refusal, or inability of Pauline E. Stevick to serve as my Executor, I nominate, constitute and appoint my c{randson, David W. Stevick, to serve as Executor in her place. My Executor and Guardian are specifically relieved from the duty or obligation of filing any bond or bonds. Page 3 of 5 IN WITNESS WHEREOF, I have set my hand anal seal to this my Last Will and Testament, consisting of this, the next, and the preceding three pages this ~ day of a ~,. 1999. 2G~~ ~l- Dorothy E Evina SIGNED, SEALED, PUBLISHED AND DECLARED ~~y the above named Testatrix, Dorothy E. Evina, as and for her Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. .~ Address ~n~ ~19- ,~ `~US~ ~i'V/~ Address 7 ~~ ~ C -~ Address ~r ~ ^-~~~~~ ~/ /~ ~~a~ Page 4 of 5 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . ~~~~ SS . COUNTY OF "" I, Dorothy E. Evina, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Dorothy E . Evina, the Testatrix, this f~~ day of ~.E?c~1ir~„~ ~,~ 1999 , Notarial Seal ~ • CZc.~,~~J Carolyn H. Sider, Notary Public D r t by E. v i n a, T e s t a t r i x Upper ANen Twp., Cumberland County Ally Commission Expires Oct. 22, 2001 Member, Pennsylvania Association of Notaries ~' Notary ublic My Commission Expires: (SEAL ) AFFTI~AVTT COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF Lww~ ~~'~`~'`~- . We , ~ ~i v i ~ , 2. ~ ''~ ~ S and ~. fle the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument pis her Last Will; that the Testatrix signed willingly and executed :it as her free and voluntary act for the purposes therein expressed; that each subscribing witness, in the hearing and sight of the Testatrix, signed the Will as a witness; and that to the best of our knowledge, the Testatrix was at that time 18 or rtlore years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by ~4 U i ~. Z.. ~, ~ n-~c~.. i h,. d S and witnesses, this day of ~pc , 1999. Witness Witness y-r Notary Public My Commission Expires: (SEAL ) Carolyn H S der Notary Public Upper Allen Twp., Cumberland County My Commission Expires Oct. 22, 2001 Member, Pennsylvania Association of Notaries Page 5 of 5