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HomeMy WebLinkAbout12-17-12PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Petitioner, named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof, avers the following and respectfully requests the grant of Letters in the appropriate form:: DECEDENT'S INFORMATION Estate of GEORGANNA L. STEVENS File No. ~ ~ - ~ ~ - ~~ f a/k/a Georgeanna L. Stevens Deceased Social Security No. 212-62-0412 Date of Death: November 21.2012 Age at Death: 59 Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with her last family or principal residence at street, rntle) Decedent died at 16 Salt Road Enola 17025 East Pennsboro Township Cumberland Co. PA List street, address, Post Office and zip code city, township or Borough County State, Decedent at death owned property with estimated values as follows (If domiciled in PA) All personal property .....................................................................$ 1 126.900.00 (If not domiciled in PA) Personal property in Pennsylvania .....................................$ (If not domiciled in PA) Personal property in County ....................................................$ Value of real estate in Pennsylvania ......................................................................................................................$ 173.100.00 Total ......................................................................................................... Real Estate situated as follows: 16 Salt Road Enola. (attache additions/sheets ifnecessaryJ Street address, Post Office and Zip or 0 A. Petition for Probate and Grant of Letters Testamenfarv Petitioner avers he is the Alternate Executor named in the Last Will of the Decedent, dated June 9. 1998 e.g. of Executor, etc. Except as follows, After the execution of the instrument offered for probate, Decedent did not marry, was not divorced, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(8) and did not have a child born or adopted and the Decedent was neither the victim of a killing and was never adjudicated an incapacitated person D NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grent of Letters of AdminisVation (if applicable) enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante absentia; durance minoritate If Administration, c.ta. or d b.n.c.ta., enter the date of Will in Section A and complete list of heirs Except as follows: Decedent was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(8) and was neither a vi Im of a killla,~"' and was never adjudicated an incapacitated person C ^' m ~ ~ ~ o c> ~, ^ NO EXCEPTIONS ^ EXCEPTIONS Ro -° r, ~ ~! ~ Petitioner, after a proper search, has ascertained that Decedent left no Will and was any) and heirs (attached additional sheets, if necessary) t~ cy <: ~ -ro ey C:a '°r~ -~ C ~~ rri r~7 ~~ouse (if ry{ ..;r .Y'y Name Relationshi a nce rv c - ~ f _.., _~ 0 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Name Official Use Only R CORDED 0'`-''~c Qc EG157ER OF ':'"'~'_S JR. 1849 W. LiseurtN ~5~,\Y C- The Petitioner above-named swears or affirms that the statements in the~p6~p~~n~•trU~and correct to the best of the knowledge and belief of Petitioner and that, as pers al representative of the Decedent, Petitioner will well and truly administer the estate according to law. // Sworn to and affirmed and subscribed ~ ~~ %'~~"~t'~~ ~' l ~~ ~ ~ ~ Before me this / ~ day of 2012. F the Register BOND Required FEES Letters ........................... ~'~Short Certificate(s) { }Renunciation .............. { )Codicil(s) { )Affidavit(s) .................. Bond Commission Other ^ YES ~ NO $~_ $ q~ $ /~ - _ $ Automation $~ JCP Fee ....................... $ - TOTAL......... $~ ~ SZS- To The Register of Wills Please enter my appearance by my signature below: Attorney Si nature: ~~ Printed Name: EDMUND G. MYERS Supreme Court I.D. No: 20558 Firm Name: Johnson Duffie Stewart & Weidner, Address: 301 Market Street P.O. Box Lemoyne PA 17043 Phone: 717-761-4540 Fax: 717-761-3015 Email: EGMCa)idsw com DECREE TO THE REGISTER Estate of GEORGANNA L STEVENS a/k/a Georgeanna L. Stevens ,Deceased. File No~~/Q'-- Social Security No: 212-62-0412 _ Date of Death: November 21 2012 AND NOW, ~.`, ~ ~ , 2012, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Floyd A. Fahnestock, Jr. in the above estate and that the hnstrument dated June 9. 1998 described in the Petition be admitted to probate and as the L~$~ Will)of the i~ RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of GEORGANNA L. STEVENS ,Deceased I, ESTHER R. BERGSTRESSER , in my capacity as Executrix named in the Will of the above Decedent dated June 9, 1998, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters Testamentary be issued to FLOYD A. FAHNESTOCK, JR., Alternate Executor. WITNESS my hand this ~3L day of Qf~-~+~'~c , 2012. (Date) ESTHER R. BERG SSER Oakhurst Manor 4500 Oakhurst Boulevazd Apartment 238 Harrisburg, PA 17110 ca ~ E:_ cn r-i n_ ua ~,~ p._ . ~ ~' Lt.. E.s- rl_ ~ U Gl ~ ~~ ~= ' z Executed out of Register's Office cc N /.l lti (~. ~ ~ ~ ~" c> = w COMMONWEALTH OF PENNSYLVANIA: a ~`_y ~ ~ ~ COUNTY OF a q U1M~ w~ ~ °~ r ~ ~_, Before the undersigned personally appeared the C~J party executing this Renunciation and certified that she executed the Renunciation for the p/uLrposes stated within on this ~ "day of ~(,p,.as6tr, 2012. Notary Public 1~ ~ (~ 2 My Commission Expires: JcM"WA/'y ~ l , ~IJ :529761 COMMONWEALTH OF QENNSYLVANIA Notanat dal Anne H. McCullough. Notary Public Earl Hempfieltl Twp., Lancaster County My Commission Expires Jan. 14, 2013 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Ivice for this certificate. $6.00 Certification Number .~l RECORDED OFci! REGISTER OE '~ 2~I2 GEC 17 P~1 This is to certify that the information here given is correctly copied from an original Certificate of Death duly bled with me us Local Registrar The original certificate will he forwarded to the State Vital Records Office for permanent tiling. CLERK CF ,.1. ~~- (i~~/~11.G~ GPZ/ ~ ( ~,7GLz ORPHANS COlltt! Local egistrar Date Issued CUM BERLeNn._C.~_...Pe.,...... nn...,M.NrDY wf,..rN . vfr.t it2CD9D5 - ---- - ne.•enltAn. vnom..ev w.a.n apry u ) v . . ine. ~ [ne[r«uMln{In eF•unC.nvin9 c.u.•51WnIn P•R~ N n 26. Nnlt Enter n s 3D. DIJ TOb.eeeU n ut•t D.PeFi MN« ° 1 w n • emwle• rr p F.o 5 P u a9. 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W<• NM•< IMe/D.Y n •, MJr•«.nC Zlo <ae• or N.wn CemPl•tNf Cau« 01 D«tn Ittem 361 012 Wr 20. PA '19050 NOYw b X Y Itt u Ma11[Nw B. Sbnsr CM1If} W COronef 0376 BWM1ero ROetl. 8u1M t, MacM1fnlp ~ ,o. flan..•.Dwn~neN.,m .9.flat.«. n.tu /~ /1 q /I _ „fit _ Lp 02612 . ~ C.JC(~'.c-C.C~ Dbpcw[bn iermM1 No. 083.~ye t ~ N9V D"I.zO,3 t LAST SQILL AND TESTAMENT ~ ^; ~ ~ m OF ~~ =? ~o m~~ <-~ ins ~ y r F~ n i, rYi GEORGANNA L. STEVENS ,r,, ~ ~ -~ ~ ~ '" CY? lc U ~=~ c5:i -" -n "%"i I, GEORGANNA L. STEVENS of Enola, Cumberland, County, r:, rrr . r , u~ n Pennsylvania, declare this to be my Last Will and revoke an`y Will or Codicil previously made by me. ITEM I: I direct that all taxes, interest or penalties that may be assessed in consequence of my death, of whatever nature, by whatever jurisdiction imposed, and on whatever property imposed, shall be paid from my residuary estate as part of the expense of the administration of my estate, without apportionment. ITEM II: I hereby authorize and empower my Executrix, hereinafter named, to sell any or all of the real property and personal property which I may own or to which I am entitled at the time of my death, in the sole discretion of my Executrix, at private or public sale, without an Order of Court, at such time or times and upon such terms as the said Executrix shall deem appropriate for the best interests of my estate (or my beneficiaries) thereby converting the same into cash. I further authorize and empower my said Executrix to execute, acknowledge and deliver all proper writings and deeds of conveyance and transfer thereof. ITEM III: I bequeath all of my jewelry, including that inherited from my grandmother and my mother, to my Co-Trustees, hereinafter named, to be held for distribution to my daughter, DEBORAH LYNNE KEELEY, if and when my individual Co-Trustees, JOHN A. BERGSTRESSER and ESTHER R. BERGSTRESSER, in their sole discretion, deem it to be appropriate. Upon the death of my said daughter prior to distribution to her of all such items of jewelry, said items shall be distributed in accordance with the provisions of the Trust set forth hereinafter in Item V. ITEM IV: I direct that any pets which I may own at the time of my death shall not be euthanized or placed into an animal shelter. Instead, I direct my Executrix to make every reasonable attempt to permit the said pets to be maintained in the same 2 household as that of my daughter, DEBORAH LYNNE KEELEY, if my Executrix, in her sole discretion, deems it to be appropriate. In the event that this is not possible, I direct that my Executrix shall have the said pets adopted into good caring homes. ITEM V: I devise and bequeath the residue of my estate, of every nature and wherever situate, to my Co-Trustees, hereinafter named, IN TRUST, to be invested and managed as follows: A. As much of the principal and income of this Trust as the Co-Trustees, in their sole discretion after due consideration of all other assets and sources of income and support, including entitlement to federal and state public assistance benefits, may from time to time think advisable for the health, maintenance, support or education, including college and post-graduate education, of my daughter, DEBORAH LYNNE KEELEY, or any of her issue, shall be either paid to that person or applied directly for that person's benefit by the Co-Trustees. It is my express intention and desire that my said daughter assume reasonable responsibility for her own financial support and maintenance, and I direct that my Co-Trustees give due and appropriate consideration to her contribution and to her reasonable responsibility for her own support in determining what portion, if any, of the principal and income of this Trust is necessary or advisable to provide for the 3 health, maintenance, support or education of my said daughter, or any of her issue. B. It is my desire that my home at 16 Salt Road, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, or any other primary residence I may have at the time of my death, be maintained by my Co-Trustees as a possible residence for my daughter, DEBORAH LYNNE KEELEY, in the event that my said Co-Trustees, in their sole discretion, deem it to be appropriate for her to reside there immediately following my death or within the reasonably foreseeable future. C. Upon the death of my daughter, DEBORAH LYNNE KEELEY, or upon my death in the event that she fails to survive me, the then-remaining principal and any accumulated income of this Trust shall be paid: 1. To such of my said daughter's issue, per stirpes, as are living on the date of distribution; or 2. In default of such issue, as follows: a. The sum of $5,000.00 to the Helen O. Krause Animal Foundation, Inc. b. 75% of the remaining balance after payment of the bequest set forth in a. above to Masonic Temple #227, of Camp Springs, Maryland, in memoriam of my parents, EDWARD A. STEVENS and BETTY J. STEVENS, to be used as follows: 1.) One-half to be used for the Shriner's Burn Center; and 4 2.) One-half to be used for such charitable purposes as the said Masonic Temple shall in its discretion deem appropriate. c. 25% of the remaining balance after payment of the bequest set forth in a. above to Southgate Lions Club, Camp Springs, Maryland, in memoriam of my grandparents, George M. Beltz and Thelma Goodman Beltz. ITEM V2: In addition to the powers conferred upon my fiduciaries previously in this instrument and by law, I authorize all fiduciaries without any order of court and in their sole discretion to: A. Retain any property and invest and reinvest any property, including by way of illustration and not by way of limitation, common stocks up to one hundred per cent (100%) of corpus, stock in any fiduciary corporation, or any affiliated, related or subsidiary or parent corporation, any common or diversified trust funds maintained by any fiduciary or affiliated, related subsidiary or parent corporations, and any form of life insurance, annuity or endowment policies; and in so doing, any fiduciary may act without restriction to so-called legal investments and without responsibility for diversification. 5 Any fiduciary may also keep reasonable amounts of cash in bank uninvested. B. Sell any property at public or private sale, for cash or credit, with or without security, and exchange or partition property and give options for sales or exchanges. C. Borrow and lend money from and to any person and/or corporation, including any fiduciary, and mortgage or pledge any property. D. Repair, alter, improve or lease for any period of time any property and give options for leases. E. Vote in person or by proxy securities held by it and in such connection to delegate its discretionary powers. F. Subscribe for stocks, bonds, or other investments; exercise any stock option or similar rights; join in any plan of lease, mortgage, merger, consolidation, reorganization, 6 foreclosure or voting trust and private securities thereunder, and generally exercise all the rights of security holders of any corporation. G. Purchase investments at premiums and charge premiums to income or principal or partly to each. H. So that title may pass by delivery, register securities in the name of a nominee as designated by any corporate fiduciary or in the name of such other nominee as may be convenient. 2. Compromise claims by or against my estate or trust including, without limitation, any questions relating to taxes or to any policy of life insurance. However, my fiduciaries need not institute litigation to collect on any policy or on any claim for the benefit of my estate unless they are reasonably indemnified for all costs, counsel fees and other expenses of such litigation. 7 J. Retain agents, employees, accountants and counsel (including investment counsel) for advice and other professional services, and pay them out of income or principal. K. Make distribution in cash or in kind or partly in each and to allocate specific assets among the beneficiaries in such proportions as my fiduciaries may think best, so long as the total market value of any beneficiary~s share is not affected by such allocation. L. Determine whether any stock dividend, stock split, extraordinary dividend or other items of receipt or expenditure shall be allocated to income or principal or partly to income and partly to principal. My fiduciaries are relieved of all liability in making such allocations, and distribution shall be made without their being required to file an account for confirmation. 8 M. Hold, manage, invest and account for separate trusts either as separate funds or in one or more consolidated funds in which each trust shall own an undivided interest. N. Add to the principal of any trust created hereunder any property received from any person by deed, will or in any other manner. O. Continue any business or businesses in which I may be interested at the time of my death, whether or not said business is conducted by me at the time of my death individually, as a partnership, or through a corporation wholly owned or controlled by me, with full authority to sell, settle and discontinue any of them, at such time or times and upon such terms or conditions which, in the judgment of my fiduciaries are for the best interests of my estate or any trust created by my Will. P. Relinquish, in whole or in part by instrument in writing, any power given to him or her by law or under the 9 provisions of this Will, provided that such relinquishment shall not bind his or her successors unless similarly relinquished in writing by them. ITEM VII: The principal and income of any trust created hereunder shall be free from anticipation, assignment, pledge or obligation of any beneficiary and shall not be subject to any execution or attachment or to voluntary or involuntary alienation, except that nothing in this provision shall preclude the assignment of all or any part of a beneficiary's interest to his or her descendants. ITEM VIII: I appoint my friends, JOHN A. BERGSTRESSER and ESTHER R. BERGSTRESSER, or the survivor of them, now of Harrisburg, Dauphin County, Pennsylvania, and FINANCIAL TRUST SERVICES COMPANY, of Harrisburg, Dauphin County, Pennsylvania, or its successor, Co-Trustees of any trusts established by this, my last Will. Should both of my friends, JOHN A. BERGSTRESSER and ESTHER R. BERGSTRESSER, fail to qualify or cease to act as Co- Trustee for any such trust, I appoint my friend, FLOYD A. 10 FAHNESTOCK, JR., now of Carlisle, Cumberland County, Pennsylvania, Co-Trustee of any such trust. ITEM IX: I appoint my friend, ESTHER R. BERGSTRESSER, now of Harrisburg, Dauphin County, Pennsylvania, as Executrix of this, my last Will. Should my said friend fail to qualify or cease to act as Executrix, I appoint my friend, FLOYD A. FAHNESTOCK, JR., now of Carlisle, Cumberland County, Pennsylvania, as Executor of this, my last will. ITEM X: I direct that my primary fiduciaries appointed herein shall consult my friend, FLOYD A. FAHNESTOCK, JR., as a financial advisor for assistance in making any financial decisions related to my estate or any Trusts created hereunder. I also direct that my appointed fiduciaries retain my attorney, CONSTANCE P. BRUNT, ESQUIRE, for the administration of my estate and for any other legal counsel or representation relating to my estate or any Trusts created hereunder. 11 ITEM XI: I direct that my Executrix or Co-Trustees, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this //r/ day of 1998 L. STEVENS, Testatrix (Seal) 12 The preceding instrument, consisting of this and twelve (12) other typewritten pages, identified by the signature of the Testatrix, GEORGANNA L. STEVENS, was on the day and date thereof signed, published and declared by GEORGANNA L. STEVENS, the Testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. ~0 SOX 0202 of l1~a. 1O~ ~.+~ ! 70 7~f 3 01 ~d12Vc~ C}, #Clo~ of Y!S{~~ ~j~ J7/D ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS I, GEORGANNA L. STEVENS, 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 ACKNOWLEDGE BEFORE ME BY THE nABtOVE-NAMED TESTATRIX THIS 7T~*-- DAY ~- OF 1998. Notary Public Notarial Seal Constance P. Brunt, Notary Public Harrisburg, Dauphin County My Commission Expires Oct. 20, 2001 r 1 COMMONplEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN we, SN~~I ~. GQ,en?f~/f witnesses whose names are signed instrument, being duly qualified say that we were present and saw the instrument as her free and vi and Ply ULf~ ~ /~{~ !-!/~(b d1I51~( to the attached or foregoing according to law, do depose and the Testatrix sign and execute ~luntary 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 the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. SWORN TO OR AFFIRMED BEFORE ME BY THE ABOVE-NAMED WITNESSES THIS ~~ DAY OF ~. /~~~ ~-, „ 19 9 8 . Notary Public Notarial Seal Constance P. Brunt, Notary Public Harrisburg, Dauphin County My Commission Expires Oct. 20, 2001