HomeMy WebLinkAbout02-0389
Estate of BETTY R. DEVINE
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
No. Z/-o;a- 3eq
To:
Register of Wills for the
Deceased. County of Cumber land in the
Social Security No. 209-12-6419 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut or
In the last will of the above decedent, dated July 20
and codicil(s) dated N/A
named
, 19~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumber land
h er last family or principal residence at 309 East Portland
Mechani~~bur9' CumberlAnd COl1n~y. ppnn~ylv~niR
(list street, number and muncipality)
County, Pennsylvania, with
Street. Borough of
Decendent, then ----.1L- years of age, died March 30 ,JIB 2002,
at Harrisburq Hospital, City of Harrisburq, Dauphin County, Pennsylvania .
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: no exceptions
Decendent 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
situated as follows:
24,000.00
$
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
(testamentary; administration c.1.a.; administration d.b.n.c.t.a.)
theron.
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309 East Portland Street
Mp('!hNni('!~hllrg. PA 17()t:j~
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 1- ss
COUNTY OF CUMBERLAND )
The petitione'r(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 represen-
tative(s) of the above decedent petltloner(s) will well a truly administ~ e~ate according to law.
affirrne'L.and subscribed C~ ~ '"
--TS'Ul day of Dennis C.. Devine ~.
W2.Q.Q2L ~
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REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF SUBSCRIBING WITNESS
2.1- 0"2. - 3~q
MARLIN R. McCALEB
ullltil
~~ a subscribing witness to the will presented herewith, W;ti(lj,) being duly qualified according to
law, depose(s) and say(s) that I was present and saw
Betty R. Devine
the testat a tr ix , sign the same and that I signed as a witness at the
request of testa! atrixin her presence and (~~l'lt:ellQlb<BtbeI') (in the presence of the
other subscribing witness(es)). /':, /'--//~.. /-'.. ~.of
Sworn to or affirmed and snbs':Tibed before @~_~
15th Marlin 1>.. McCa ~
me this ,..__ day of 219 E. Main str~~me)
APRIL t~~ ) Mechanicsburq, PA 17055
CJ:~ a. ~~~~ (Address)
MARYCL R '(
egIS er
(Name)
(Address)
("'....J
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REGISTER OF WILLS OF CUMBERLAND COUNTY
(V OATH OF NON-SUBSCRIBING WITNESS
oS; '2.\-02.-3eq
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"'DENN:r1f C. ~NE
(lIWlbl. a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
I am familiar with the signature of Betty R. Devine
xmIk:i1x
testatill.rJ.x of (llIRe:XllllxHlexl&J4l1l1lll:ibi~x~SIIlt"xkll the will presented herewith and
li:llldiltil
that I believe;r the signature on the will is in the handwriting of
testa! atriXbdlt>J~MX\1jlll)<~K~tI\lIlkk:;Itll>(IUrt
19~1I
mll~>l>>Il:jl@IlIlll'Il~xwilk,i~HklbMlI!IllOOd.tffllk!lk
to the best of my knowledge and belief. ~~ n, {) _
Sworn to or affirmed and sllbs~",ibed before ~ ,-'. ~
15th Denn~s . evine
me this ' day of (Name)
309 E. Portland Street
RIL ~2002 Mechan;csburq. PA 17055
,
(Address)
Register
(Name)
(Address)
(AW (Wf'I'.l".~.,
d~LlN R McCAl.El-J
LAST WILL AND TESTAMENT
I, BETTI R. DEVINE, of the Borough of Mechanicsburg, County of
Cumberland and Commonwealth of Pennsylvania, being of sound and disposing
mind, memory and understanding, do make, publish and declare this as and for my
Last will and Testament, hereby revoking and making void all former wills and
codicils by me at any time heretofore made.
FIRST. I order and direct that all my just debts and funeral expenses be paid
by my Executor, hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. I give and bequeath my automobiles and personal effects and such
household goods, furniture and furnishings as may be my individual property and
not the property of my husband, or owned jointly by me with him, and other
tangible personalty of like nature (not including cash or securities), together with
any existing insurance thereon, unto my husband, DENNIS C. DEVINE, if he
survives me for a period of thirty (30) days.
THIRD. I give, devise and bequeath all the rest, residue and remainder of my
Estate, real, personal and mixed, whatsoever and wheresoever situate, unto my
husband, DENNIS C. DEVINE, absolutely and in fee simple, if he survives me for a
period of thirty (30) days.
FOURTH. If, however, my husband, DENNIS C. DEVINE, predeceases me or
fails to survive me for a period of thirty (30) days, then I give, devise and
\_AW OIT)(-L';
AHLIN r~_ Me-CALLI-:!
bequeath all the rest, residue and remainder of my Estate, real, personal and mixed,
whatsoever and wheresoever situate, unto my granddaughter, KIM MARIE TIBBITS,
of The Colony, Texas, absolutely and in fee simple.
Provided, however, that if my granddaughter shall predecease me leaving
lawful issue to survive me, then I order and direct that the share provided above
for my granddaughter shall be paid over and distributed unto her said issue per
stirpes, said issue to take the ancestor's share by representation and not per capita.
Provided further, however, that if any beneficiary entitled to a share of my
Estate as provided herein shall not have attained the age of twenty-five (25) years
"at the time of distribution of my Estate, then I order and direct that the share
provided herein for such beneficiary shall be paid over and distributed unto PNC
BANK, NATIONAL ASSOCIATION, as my Trustee, IN TRUST NEVERTHELESS, to
hold, manage, invest and re-invest the same and the income therefrom, and after
paying all expenses incident to the management of the Trust, to use and apply from
time to time such portions of the principal and the net income of the Trust as may
be necessary, in the sole and absolute discretion of my Trustee, for the comfortable
support, maintenance, care and education, including college or other post-high
school education or training, of the said beneficiary. When the beneficiary attains
the age of twenty..five (25) years, this Trust shall terminate and my Trustee shall
pay over and distribute to such beneficiary the remaining balance of principal and
accumulated income, if any, of that Trust as it shall then be constituted. If the
beneficiary shall die before attaining the age twenty-five (25) years, (hen this
-2-
,J,W (JFTI(T<;
!AHLlN 1'1_ McC",I-\LER
II
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Trust shall terminate and the Trustee shall pay over and distribute the remaining
balance of principal and accumulated income, if any, thereof unto the beneficiary's
then-living issue per stirpes, but in default of said issue the same shall be paid over
and distributed unto my then-living issue, per stirpes, and in default of such issue
the same shall be paid over and distributed in accordance with the provisions of
Item FIFTH, below.
My Trustee shall hold all income and principal from any Trust herein free
from all claims, attachments, judgments, executions and liens of every kind and
nature by creditors of any beneficiary and no beneficiary shall have any power to
anticipate, assign, alienate, pledge, charge or encumber the income or principal of
any Trust herein.
FrITH. If my husband and my issue shall all predecease me, then and in that
event I give, devise and bequeath all the rest, residue and remainder of my Estate,
real, personal and mixed, whatsoever and wheresoever situate, unto THE
NATIONAL MULTIPLE SCLEROSIS SOCIETY, of New York City, New York, in
loving memory of my daughter, JUDY ANN DEVINE REINHARD, to be used for
medical research.
SIXTH. In addition to any other powers conferred by law, my Trustee herein
is hereby expressly authorized and empowered at all times, in its sole and absolute
discretion:
A. To purchase, invest in or otherwise acquire and to retain,
whether originally a part of the trust estate or subsequently acquired,
-3-
"
II
I
any and all stocks, bonds, notes or other securities, or any variety of
real or personal property, including stocks or interest in investment
trusts and common trust funds, or interest-bearing accounts in or
certificates issued by any bank, as it may deem advisable without
being limited by any statute or rule of law prescribing or relating to
legal investments by Trustees; and to hold or retain cash or readily
~ marketable securities of little or no yield for such periods as it may
lAW ()ITrcl~'-;
I/\RLlN R McC/\LEB
deem advisable. Investments need not be diversified and may be made or
retained with a view to a possible increase in value.
B. To sell at public or private sale, pledge, mortgage, lease,
transfer, exchange, convert or otherwise dispose of, or grant options with
respect to, any and all property at any time forming a part of the trust
estate, in such manner, at such time or times, for such purposes, for such
prices and upon such terms, credits and conditions as it may deem
advisable, induding the right to lease such property for periods of time
which may extend beyond the termination of this Trust.
C. To borrow money for any purpose connected with the
administration, protection, preservation or improvement of the trust estate
whenever in its judgment advisable, to execute promissory notes or other
obligations for amounts so borrowed, as security for the amounts so
borrowed, to mortgage or pledge any real or personal property forming a
part of the trust estate upon such terms and conditions as it may deem
-4-
advisable.
D. To vote in person or by general or limited proxy with respect
to any shares of stock or other securities held by it; to consent, directly
or through a committee or other agent, to the reorganization, consolidation,
merger, dissolution or liquidation of any corporation in which the Trust may
have any interest, or to the sale, lease, pledge or mortgage of any property
by or to any such corporation; and to make any payments and to take any
steps which it may deem necessary or proper to enable it to obtain the
benefit of any such transaction.
E. To hold investments in the name of a nominee.
F. To pay, compromise, compound, adjust, submit to arbitration,
sell or release any claims or demands of the Trust against others or of
others against the Trust on such terms as it may deem advisable, including the
acceptance of deeds of real property in satisfaction of bonds and mortgages,
and to make payments in connection therewith which it may deem
advisable.
G. To decide all questions as to what constitutes income or
principal, to apportion, allocate, charge or credit as between income or
principal all receipts, discounts, premiums and expenditures.
H. To make distribution of the principal of the trust estate
in kind, including undivided fractional shares or interests in any property
\.AW lllTIi"L'-;
constituting a portion of said principal, or partly in kind and partly in cash,
AHUN r~_ McCALEB
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l-AW O\';'IOT'-;
lARLlN R, McCALEB
and to determine the value of any property so distributed.
L To execute and deliver any and all instruments in writing which
it may deem advisable to carry out any of the foregoing powers. No party to
any such instrument in writing signed by the Trustee shall be obliged to
inquire into its validity, or be bound to see to the application by the Trustee
of any money or other property paid or delivered to it by such party
pursuant to the terms of any such instrument.
J. To repair, alter or improve any property of the trust estate.
K. To add to the principal of any trust created hereunder any
property received from any person by deed, will or in any other manner.
L. To pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and to exercise
any right, option or privilege existing thereunder.
M. In dividing the trust estate into shares or trusts, to allot
undivided interests in any property to the several shares or trusts, and also to
make investments in common for any or all such shares or trusts.
N. In the exercise of its discretion with respect to the use of
principal or income for any beneficiary, to take into account other property
and income available to such beneficiary; in so doing, the Trustee may
conclusively rely on written representations made to it by the beneficiary,
and the judgment of the Trustee as to the amount of principal or income so
used and the extent to which other resources are considered shall be
.6.
L-AW Ol'fl\'l'.'.;
IARLlN R I'v1cC^LEB
I'
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conclusive as to all parties in interest.
O. To exercise all powers, authority or discretion given by this Trust
instrument after the termination of any trust created herein until the same is
fully distributed.
LASTLY. I nominate, constitute and appoint my husband, DENNIS C.
DEVINE, Executor of this, my Last Will and Testament, but if for any reason he
shall fail to qualify as such Executor or cease so to serve, then I nominate,
constitute and appoint PNC BANK, NATIONAL ASSOCIATrON, to serve in his place
and stead, each to serve without bond in this or any other jurisdiction.
rN WrTNESS WHEREOF, I, BETTY R. DEVINE, have set my hand and seal to
this, my Last Will and Tesrament which consists of eight (8) typewritten pages to
each of which r have affixed my signature this l~ 0
?'1
day of
, A.D., One Thousand Nine Hundred Ninety-Five (1995).
(SEAL)
The preceding instrument, consisting of this and seven (7) other type-written
pages, each identified by the signature of the Testatrix, was on the date thereof
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AHl.IN H_ MtCA\.EB
1
signed, sealed, published and declared by BETTY R. DEVINE, the Testatrix therein
named, as and for her Last Will and Testament, 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.
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CERTIFICATION OF NOTICE UNDER RULE 5.6(a}
Name of Decedent: Betty R. Devine
Date of Death: March 30, 2002
Will No. 21-02-0389
To the Register:
I certify that notice of beneficial interest and 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 May 15, 2002.
Name
Address
Dennis C. Devine
309 East Portland Street
Mechanicsburg, PA 17055
Kim M. Reinhard
3550 Country Square Drive #410
Carrollton, TX 75006
Notice has now been given to all persons entitled thereto under
Rule 5.6(a).
Date: May 15, 2001
~~2~
Marlin R. McCaleb
Attorney I.D. No. 06353
'-",
219 East Main Street
P.O. Box 230
Mechanicsburg, PA 17055
(717) 691-7770
FAX: (717) 691-7772
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Counsel for Personal Representative
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L-AW OFFICES
ARUN R. McCALEB
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INHERITANCE TAX RETURN
RESIDENT DECEDENT
COMMONWEALT PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISS RG PA 17128-0601
2
(IF APPLICABLE] SURVIVING SPOUSE'S NAME (lAST, RRST, AND MIDDLE INITIAL)
Devine, Dennis C.
REGISTER OF WILLS
~ l!I1. Original Return 0 2. Supplemental Retum 0 3. Remainder Retum (dateofdelllh priortD 12-13-82)
1ICS:0 0 0 0
"It '" 4. Limited Estate 4e. Future Interest Compromise ('''.''ath "'" 12-12-82) 5. Federal EstJlte Tax Retum Required
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tj ~9 IX1 6. Decedent Died Testate (Attaclltoil'lofWIIIl 0 7. Decedent Maintained a living Trust (Attach copy ofTrustl .Q... 8. Total Number of Safe DeposltBoxes
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~ 0 9. Litigation Proceeds Received 0 10. Spousal Poverty Credit (""of """ """"12-31-91 "d1-'-9~ 0 11. Election to tax under Sec. 9113(AI_" "" O}
~'!I:!:!I!;~I$(:<~i~\il!;iI)l!'\~""~i!'l?I?~m~J'I~~E$iP!:lpl;t\I.~~t!91~NI$I~N-'!111c'!-\j!t~~;l!\IEIilRlM':JJIQ.N:'~!:!_Q~Poi~J;;J?rB!:(;:!F1;!lq:p.~."'-
~ NAME COMPlEiE MAILING ADDRESS
:z: Marlin R. McCaleb 219 East Main Street
~ P.O. Box 230
..
~ R. McCaleb Mechanicsburg, PA 17055
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1. Real Estate (Schedule AI (1)
2. Stocks and Bonds (Schedule BI (2)
3. Closely Held Corporation,Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4) '-
5. Cash, Bank Deposits & Miscellaneous Personal Property (51 4 ')
Z (Schedule E)
0 6_ Jointiy OWned Property (Schedule F) (6)
~
..J 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
~ (Schedule G or L)
I- B. Total Gross Assets (total Lines 1-7)'
ii:
<C 9. Funeral Expenses & Administrative Costs (Schedule H} (9)
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0:: 10_ Debls of Decedent, Mortgage liabilities. & Liens (Schedule I) (10)
11. Telal Deductions (total Lines 9 & 10)
12. Net Value of Estate (Une 8 minus line 11)
13. Charitable and Govemmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
15. Amaunt of line 14 taxable
Z at the spousal tax rate
0 See instructions on
j:: 16. Amount of line 14 taxable
~~ at6%rate X _06
...::l 17. Amount of line 14 taxable
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:E at 15% rate x .15
0
0 lB. Tax Due 0
19.
'i~'i,:J!;j\"ij~,i~,ii: jll'J!1i?'iii:\r"'~jt$~$I.IR~jttP'\4."$\I\IER.tI~~\)~$np~$lPlil~~~$J;i$II~E\4.N[)"RECHECK,.MAiI"fI k.';;.:i" ........ s.....
Under penalties of pe~ury, I declare that I have examined !his retum, including a:::companying schedules and statements, and to the best of my knowledge and belief, it is true, correct
and complete. Declaration of preparer other
than the oersonal reoresentative is based on all information ofwhich DreDarer has anv knowIedae,
SIGNA)jRE OF P::RSON RESP9\lStBLE FOR FiliNG RETURN ADDRESS OA T~!7' / A ?
~ r1 ,,(JI~ 309 E. Portland St., Mechanicsburg, PA 17055 <fo_ /{/~
SIGNATJ;E OF PR_EP~ O:!J;!_ER TH~PRESENTATIVE ADDRESS DATE -
~ ~ 219 E. Main St., Mechanicsburg, PA 17055 6 -7~d~
LAW OFFICES
MARLIN R. MCCALEB
.--~..
LAST WILL AND TESTAMENT
I, BETTY R. DEVINE, of the Borough of Mechanicsburg, County of
Cumberland and Commonwealth of Pennsylvania, being of sound and disposing
mind, memory and understanding, do make, publish and declare this as and for my
Last Will and Testament, hereby revoking and making void all former wills and
codicils by me at any time heretofore made.
FrRST. I order and direct that all my just debts and funeral expenses be paid
by my Executor, hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. I give and bequeath my automobiles and personal effects and such
household goods, furniture and furnishings as may be my individual property and
not the property of my husband, or owned jointly by me with him, and other
tangible personalty of like nature (not including cash or securities), together with
any existing insurance thereon, unto my husband, DENNIS C. DEVINE, if he
survives me for a period of thirty (30) days.
THIRD. I give, devise and bequeath all the rest, residue and remainder of my
Estate, real, personal and mixed, whatsoever and wheresoever situate, unto my
husband, DENNIS C. DEVINE, absolutely and in fee simple, if he survives me for a
period of thirty (30) days.
FOURTH. If, however, my husband, DENNIS C. DEVINE, predeceases me or
fails to survive me for a period of thirty (30) days, then I give, devise and
~
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LAW OFFlCti:S
MARLIN R. MCCAL-EB
bequeath all the rest, residue and remainder of my Estate, real, personal and mixed,
whatsoever and wheresoever situate, unto my granddaughter, KIM MARIE TIBBITS,
of The Colony, Texas, absolutely and in fee simple.
Provided, however, that if my granddaughter shall predecease me leaving
lawful issue to survive me, then I order and direct that the share provided above
for my granddaughter shall be paid over and distributed unto her said issue per
stirpes, said issue to take the ancestor's share by representation and not per capita.
Provided further, however, that if any beneficiary entitled to a share of my
Estate as provided herein shall not have attained the age of twenty-five (25) years
<c"at the time of distribution of my Estate, then I order and direct that the share
provided herein for such beneficiary shall be paid over and distributed unto PNC
BANK, NATIONAL ASSOClATION, as my Trustee, IN TRUST NEVERTHELESS, to
hold, manage, invest and re-invest the same and the income therefrom, and after
paying al! expenses incident to the management of the Trust, to use and apply from
time to time such portions of the principal and the net income of the Trust as may
be necessary, in the sole and absolute discretion of my Trustee, for the comfortable
support, maintenance, care and education, including college or other post-high
school education or training, (jf the said beneficiary. When the beneficiary attains
the age of twenty.five (25) years, this Trust shall terminate and my Trustee shal!
pay over and distribute to such beneficiary the remaining balance of principal and
accumulated income, if any, of that Trust as it shall then be constituted. If the
beneficiary shall die before attaining the age twenty'five (25) years, then this
-2-
""
Lt\'^' Or-FleeS
MARL-IN R. MCCALEB
Trust shall terminate and the Trustee shall pay over and distribute the remaining
balance of principal and accumulated income, if any, thereof unto the beneficiary's
then-living issue per stirpes, but in default of said issue the same shall be paid over
and distributed unto my then-living issue, per stirpes, and in default of such issue
the same shall be paid over and distributed in accordance with the provisions of
Item FIFTH, below.
My Trustee shall hold all income and principal from any Trust herein free
from all claims, attachments, judgments, executions and liens of every kind and
nature by creditors of any beneficiary and no beneficiary shall have any power to
anticipate, assign, alienate, pledge, charge or encumber the income or principal of
any Trust herein.
FIITH. If my husband and my issue shall all predecease me, then and in that
event I give, devise and bequeath all the rest, residue and remainder of my Estate,
real, personal and mixed, whatsoever and wheresoever situate, unto THE
NATIONAL MULTrPLE SCLEROSIS SOCIETY, of New York City, New York, in
loving memory of my daughter, JUDY ANN DEVINE REINHARD, to be used for
medical research.
SIXTl-t. In addhion to any other powers conferred by law, my Trustee herein
is hereby expressly authorized and empowered at all times, in its sole and absolute
discretion:
A. To purchase, invest in or otherwise acquire and to retain,
whether originally a part of the trust estate or subsequently acquired,
-3-
>, ~.
. \
L.l',W OFFICES
MARLIN R McCALEB
any and all stocks, bonds, notes or other securities, or any variety of
real or personal property, including stocks or interest in investment
trusts and common trust funds, or interest-bearing accounts in or
certificates issued by any bank, as it may deem advisable without
being limited by any statute or rule of law prescribing or relating to
legal investments by Trustees; and to hold or retain cash or readily
marketable securities of little or no yield for such periods as it may
deem advisable. Investments need not be diversified and may be made or
retained with a view to a possible increase in value.
B. To sell at public or private sale, pledge, mortgage, lease,
transfer, exchange, convert or otherwise dispose of, or grant options with
respect to, any and all property at any time forming a part of the trust
estate, in such manner, at such time or times, for such purposes, for such
prices and upon such terms, credits and conditions as it may deem
advisable, including the right to lease such property for periods of time
which may extend beyond the termination of this Trust.
C. To borrow money for any purpose connected with the
administration, protection, preservation or improvement of the trust estate
whenever in its judgment advisable, to execute promissory notes or other
obligations for amounts so borrowed, as security for the amounts so
borrowed, to mortgage or pledge any real or personal property forming a
part of the trust estate upon such terms and conditions as it may deem
-4-
l_.t_W Oi'fICE::S
MARLIN R McCALEB
advisable.
D. To vote in person or by general or limited proxy with respect
to any shares of stock or other securities held by it; to consent, directly
or through a committee or other agent, to the reorganization, consolidation,
merger, dissolution or liquidation of any corporation in which the Trust may
have any interest, or to the sale, lease, pledge or mortgage of any property
by or to any such corporation; and to make any payments and to take any
steps which it may deem necessary or proper to enable it to obtain the
benefit of any such transaction.
E. To hold investments in the name of a nominee.
F. To pay, compromise, compound, adjust, submit to arbitration,
sell or release any claims or demands of the Trust against others or of
others against the Trust on such terms as it may deem advisable, including the
acceptance of deeds of real property in satisfaction of bonds and mortgages,
and to make payments in connection therewith which it may deem
advisable.
G. To decide all questions as to what constitutes income or
principal, to apportion, allocate, charge or credit as between income or
principal all receipts, discounts, premiums and expenditures.
H. To make distribution of the principal of the trust estate
in kind, including undivided fractional shares or interests in any property
constituting a portion of said principal, or partly in kind and partly in cash,
-5-
I_AW OFncE5
MARLIN R. McCAL-ES
and to determine the value of any property so distributed.
r. To execute and deliver any and all instruments in writing which
it may deem advisable to carry out any of the foregoing powers. No party to
any such instrument in writing signed by the Trustee shall be obliged to
inquire into its validity, or be bound to see to the application by the Trustee
of any money or other property paid or delivered to it by such party
pursuant to the terms of any such instrument.
J. To repair, alter or improve any property of the trust estate.
K. To add to the principal of any trust created hereunder any
property received from any person by deed, will or in any other manner.
L. To pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and to exercise
any right, option or privilege existing thereunder.
M. In dividing the trust estate into shares or trusts, to allot
undivided interests in any property to the several shares or trusts, and also to
make investments in common for any or all such shares or trusts.
N. In the exercise of its discretion with respect to the use of
principal or income for any beneficiary, to take into account other property
and income available to such beneficiary; in so doing, the Trustee may
conclusively rely on written representations made to it by the beneficiary,
and the judgment of the Trustee as to the amount of principal or income so
used and the extent to which other resources are considered shall be
-6-
conclusive as to all parties in interest.
O. To exercise aU powers, authority or discretion given by this Trust
instrument after the termination of any trust created herein until the same is
fully distributed.
lASTLY. I nominate, constitute and appoint my husband, DENNIS C.
DEVINE, Executor of this, my Last Will and Testament, but if for any reason he
shall fail to qualify as such Executor or cease so to serve, then i nominate,
constitute and appoint PNC BANK, NATiONAL ASSOCIATION, to serve in his place
and stead, each to serve without bond in this or any other jurisdiction.
iN WiTNESS WHEREOF, i, BETTY R. DEVINE, have set my hand and seal to
this, my Last Will and Testament which consists of eight (8) typewritten pages to
each of which I have affixed my signature this ,2 J 0 day of
1'1
, A.D., One Thousand Nine Hundred Ninety-Five (1995).
;&11 J(. Ai,.w~/ (SEALl
:;
The preceding instrument, consisting of this and seven (7) other type-written
pages, each identified by the signature of the Testatrix, was on the date thereof
LAW OFFICES
lARt-IN R. McCALEB
-7-
LAW OPFICr:::S
v1ARLlN R. McCALEB
signed, sealed, published and declared by BETTY R. DEVINE, the Testatrix therein
named, as and for her Last Will and Testament, 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.
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REV.1506 EX+ ('7-83)
COMMONWEALTH OF PENNSYLVANIA
INHERITANcE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
BETTY R. DEVINE
SCHEDULE "E"
CASH, BANK DEPOSITS AND
MISCELLANEOUS
PERSONAL PROPERTY
0.0.0.: March 30, 2002
FILE NUMBER
21-02-0389
(All property jointly-owned wiw the Righ't: of SurvivorshiP must be disclosed on Schedule 'OF")
ITEM
NUMBER
DESCRIPTION
VALUE AT
DATE OF DEATH
1.
Regular Savings Account #48717-00, Members 1st Federal Credit
Union, principal balance on 0.0.0.:
Interest accrued to D.O.D.:
14,374.12
19.87
2.
Investment Savings Account #48717-05, Members 1st Federal
Credit Union, principal balance on D.D.D.:
Interest accrued to D.OaD.:
10,437.00
17.25
TOTAL (Also enter on line 5, Recapitulation)
$
24,848.24
tlf more space is needed insert additional sheets. of same size)
MemberslKf
FEDERAL CREDIT UNION
INSURANCE DEPARTMENT
5000 Louise Drive
P. O. Box 40
Mechanicsburg, PA 17055
1-800-283-2328 or (717) 697-1161
REGULAR SAVINGS ACCOUNT:
Account Number/Suffix
Date Account Opened
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
48717 -00
09/04/1985
$14,374.12
$19.87
$14,393.99
None
INVESTMENT SAVINGS ACCOUNT:
Account Number/Suffix
Date Account Opened
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
48717 -05
04/27/1989
$10,437.00
$17.25
$10,454.25
None
'frB~R~a CREDIT UNION
jL;Mctd.e .
Denise A. Anders
Insurance Products Supervisor
May 10, 2002
Estate of: BETTY R. DEVINE
Date of Death: 03/30/0202
Social Security Number: 209-12-6419
RE\I.\S1\EX~t1-S1)
'*
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDE.NT
ESTATE OF
BETTY R. DEVINE
D.C.D.: March 30, 2002
FILE NUMBER
21-02-0389
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1.
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative {s}
Sodal Security Numbe~s) / EIN Number of Pe""nal Representative(s)
Street Address
City State Zip
Year(s) Commisskm Paid:
2. Attorney Fees
3. Family Exemption: (If decedenfs address is not the same as claimanfs, attach explanation}
Claimant Dennis C. Devine 3,500.00
Street Address 309 East Portland Street
City Mechanicsburq State PA Zip 17055
Relationship of Claimant to Decedent Husband
4. Probate Fees 114.00
5. AccountanfS Fees
6. Tax Return Preparer's Fees
7.
TOTAL (Also enter on line 9, Recapitulation) $ 3,614.00
(If more space Is needed, Insert additional sheets of the same size)
RfY_1513EX+(1.97)
.~
. -".'.
. .
. .
- - "..
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIOENT DECEDENT
ESTATE OF
BETTY R. DEVINE
D.O.D.: March 30, 2002
NUMBER
1.
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS (include outright spousal distributions)
1.
Dennis C. Devine
309 East Portland Street
Mechanicsburg, PA 17055
FILE NUMBER
21-02-0389
RELATIONSHIP TO DECEDENT
Do Not List Trustee(s)
Husband
AMOUNT OR SHARE
OF ESTATE
Entire Estate
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTiON 9113 FOR WHICH AN ELECTION TO TAX is NOT BEING MADE
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART n. ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $
(If more space is needed, Insert additional sheets of tl1e same size)
~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
\
J
55:
DENNIS C. DEVINE
sworn I d h h is the Executor
being duly according to aw, deposes an says t at e
of the Estate of BETTY R. DEVINE
late of ~!:."!lo~~-".~ H.e9E~"i."sbuEL..o.__o.o , Cumberland County, Pa., deceased and that the
within is an inventory made by him ., the said Executor
of the entire estate of said decedent, consisting of all the personal prop~rty and real estate, except real estate outside
the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value
as of the date of decedent's death.
l.~'Q."x.
and subscribed before me,
~ e.JI~
J.....'" 7
~~L2~
'f9' 2002
E"ecufor - Administrator
Dennis C. Devine
309 East Portland Street
~' Notarial Seal
Marlin R. McCaleb, Notary Public
Mechanicsburg Bora, Cumberland County
My Commission Expires Dec. 14, 2002
I.~"~-",,,, Ppnnsylvar,',1 AS5ociat!on ot Notaries
Mechanicsburg, PA 17055
Addreu
Date of Death
30th
March
2002
Day
Month
Year
INSTRUCTIONS
I.
2.
3.
4.
An inventory must be filed within three months after appointment of personal representative.
A supplement inventory must be filed within thirty days of discovery of additional assets.
Additional sheets may be attached as to personalty or realty ;.' r
See Article IV, Fiduciaries Act of 1949.
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~ BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAK DIVISION
DEPT. 280601
HARRISBURG~ PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEHENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIDNS AND ASSESSHENT OF TAX
"Ii?
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DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
07-15-2002
DEVINE
03-30-2002
21 02-0389
CUMBERLAND
101
Amount Relli-tt.d
MARLIN R MCCALEB
M R MCCALEB LAW OFFICE
PO BOX 230
MECHANICS BURG
'*
REY~15~7 EX AFP <Ol~02J
BETTY
R
PA:;,P055
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CD COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ...
REV=is4j-EX--AFP--foFiizY-NOT"iCE--O,,-YN"HEififAi"-CE-TAX-APPRAisEMENi':--ALLOWAN-CE-oi-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF DEVINE BETTY R FILE NO. 21 02-0389 ACN 101 DATE 07-15-2002
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
NOTE: I~ an assessment was issued previously, lines 14, IS and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of lin. 14 at Spousal rate (15)
16. Amount of Line 14 taxable at Lineal/Class A rate (16)
17. Amount of Line 14 at Sibling r.t. (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
T C TS:
21,234.24 X 00 = .00
.00 X 045 = .00
.00 X 12 = .00
.00 X 15 = .00
(19)= .00
AHOUNT PAID
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 E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Totel Assets
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
24.848.24
.00
.00
(B)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Ch.rltabl./Govern~ental Bequestsj Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
(9)
(10)
3,614.00
.00
(11)
(12)
(13)
(14)
+
DATE
NUHBER
INTEREST/PEN PAID (-)
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
NOTE: To insure proper
credit to your account~
sub.it the upper portion
of this form with your
tax pay..nt.
24,848.24
3.6)4 on
21.234.24
.00
21,234.24
.00
.00
.00
.00
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.)
.
Register of Wills of Cumberland County
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
BETTY R. DEVINE
Date of Death:
March 30, 2002
Estate No.:
21-02-0389
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 0 No 0
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes 0 No Qg
b. The separate Orphans' Court No. (if any) for the personal representative's
account is: N/A
c. Did the personal representative state an account informally to the parties in
interest? Yes 0 No ill
o
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c. Copies of receipts, releases, joinders and approval of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be
:~a~Oe:5to this report. ti#~2>~
Signature
Date:
February
Marlin R. McCaleb
Name
219 East Main Street
Mechanicsburg, FA 17055
Address
(717) 691-7770
Telephone No.
Capacity:
o Personal Representative
JKl Counsel for personal representative
vA
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 2/02/2005
MCCALEB MARLIN R
219 E MAIN STREET
MECHANICSBURG, PA 17055
RE: Estate of DEVINE BETTY R
File Number: 2002-00389
Dear Sir/Madam:
It has corne to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 3/30/2005
Your prompt attention to this matter will be appreciated.
Thank You.
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
vi