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HomeMy WebLinkAbout01-22-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF_ ,�,m�'��1(�,�� COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specitied belo�v. and in support thereof aver(s) the following and respectfully request(s j the�rant of Letters in the appropriate form: Deceden 's Information Name: eX� File No: �� —'�'�b7� ��a' (Assigned by Register) a/k/a: ��a' Social Security No: Date of Death: �, 1'�� Age at death: �l� Decedent was domiciled at death in County, ,� (Srare)with h's/her last principal residence at S � ��� � Street address,Post Office and Zip Code City,Tawnshi or Borough County Decedent died at � ��,�,��.Sb�,rz� ��yti� �� Street address,Post Office and Z�p Code City,Tawnship or Borough County State Estimate of value of decedent's property at death: Ijdomiciled in Pennsylvania............................ All personal properry $ 3�(p�(p•Sd If not domici[ed in Pennsylvania. ....................... Personal property in Pem�sylvania $ Ijnot domiciled in Pennsylvania. ....................... Personal property in County $ Va[ue of real estate in Pennsylvania............................................ ............. $ N� TOTAL ESTIMATED VALUE. ... $_ l�ln�(e.i Real estate in Pennsylvania situated at: �} (Attach ndditionnl sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County �A. Petition for Probate and Grant of Letters Testamentarv Petitia�er(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated � � � and Codicil(s) thereto dated ,., State relevant circmnstances(e.g.renuncin[ion,death aJexecntor,etc.) ` .,..._ � tT1 3r � c— G'a q Except as follows: afrer die execution of the instrument(s)offered for probate Decedent did not marry,was n4�li�rced,was�part�p a,�pnding divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§33�g��id no�ave ae}�ql�rn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �— � rn � � � �O EXCEPTIONS ❑EXCEPTIONS :�; cn �' o ,.-� C:7 �� Z7 —rt ❑ B. Petition for Grant of Letters of Administration (If applicableJ c-� � � � � -"� c.t.u.,d.b.n.,d.b.n.c.t.u.,pendentelitei urg�teabsent�ura�atemt�ritate .—{ t-- � If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and co�plete list o�irs�' —�-j Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS �EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse(if any)and heirs(uttuch udditionu!��heets,iJ�nece�•sury): Name Relationshi Address Fo,�,�,nw-nz ,��v.roiliizn�! Page 1 of 2 Otficial lisc Only Oath of Personal Representative CO�i�(OV`,b'E.3LZ'H CF Pc�i�S`iLV,a�ll.� } ' S5. � �� — i c��:'.t . . o� ' ^�. i��--�; �, i :o; - ��:c; �> � r2,�n �e�e�S ._ �. � a, n e c,k � ��\ �1 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are tnie and correct to the best of the(uiowtedge and belief of Peci:ione:(s)and that,as Personal Representative(s)of tlie DecedFnt,the Peti ioner(s)will we(I and truly administer the estate according to law. S�vorn to or aff :ned a subscribed befo e QI�P�(�- � Date ( a � me ay of � Date B � Date For the 2egister Date BOND Required:QYES �f0 To the Register ojWi!ls: FEES: Please enter my appearance b my signatureirelow: /� C =� E"P7 Letters. ...... .... . ... ....... $�(l,� Attorney Signature: � � � � � � � ( /� )SliortCertificate(s)...... (,Q.� � � � -„�- � ;.�,� ( ) Renm�ciation(s).. ....... � p. r `"d � N g'a-y �"�'3 ( ) Codicil(s). .... .. ...... ''�,,, � �� ( ) Aftidavit(s).. ... ....... � � �r p � Bond.. . .. ...... ... ...... ... . Printed Name: � c'� � �'_ _ ""r'Y "+'f Commission. . . ......... ...... Supreme Court � � ':' � '°� � � � � ~ Other ,. .. .... ID Number: ' �7 F�—� v� � �j,,,, l '3:(Z� "'� �; C7 . .t`1!I•1• � — (,S.Q� Firm Name: � r.� `� , ,..,... (��(�O Address: ........ Plione: . ... .... Automation Fee. .. .. .. . ...... . �.(s� Fax: JCS Fee. . .... ..... . .. ....... Emaii: TOTAL. . ... . .. . .... .... ... . $ • DECREE �F THE REGIST�R Estate of Q 1�C'[ L��� File No: �-���`�"' ����J a/k/a: AND NO�V, �i� � ,_��� �n cons`i�ation of tF�e foregoing Petition, satisfactory proof having been presented before me,IT I CREED that etters I L S'� are hereby granted to — � in the above estate and(if applicahle) triat the instrument(s)dated ��' � — described in the Petition be admit ed to pro ate and filed of record as the last 1�Vi11 (and Codici!(s))of Decedent. Register of Wills �,j��pJti /M r,.. ., � � �, U:ALifePlanPortfolioAClients\Stevens,Donald G\Will.doc December 10,2011 LAST WILL AND TESTAMENT ,_,- � � � '� rn OF m �' _-`z'� �' � m �' c-� � cn �' � DONALD G. STEVENS � A r" � � � �. U, �:,, � _ � � c� c:� �-, � -� -� -�i c-� c a —r� � ""�'� I, DONALD G. STEVENS of Camp Hill, Cumberland County, �er�sylvana�; be���-�f sound and disposing mind, memory and understanding, do hereby make, publish�d�declare�is �ydzast Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at�ytime heretofore made. L IDENTIFICATION OF FAMILY. I declare that I have four (4) biological children whose names are KAREN LYNN STEVENS-LOPER, BRIAN RICHARD STEVENS, JOHN T. STEVENS, AND JOSEPH E. STEVENS. I also have one (1) stepson whom I consider my son and whose name is MICHAEL M. GRAY. As used in this Will, the term "my children" refers to all my natural children and my stepson collectively. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the definition of"child/children" set forth in this paragraph. 2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible personal property of every kind and description, including, but not limited to, books, pictures, clothing, articles of household or personal use or adornment, household furnishings and effects, and automotive vehicles and their accessories, but excluding any money, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of any trade or business to my children, to be divided equally as they shall agree. If no agreement is reached within (60) days after my death, all property in the second part shall be divided among all my children in such manner as my executor shall direct. The decision of my executor shall be conclusive and binding on all persons interested in my estate. 4. DISPOSITION OF RESIDUARY ESTATE. 4.1 Disposition. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my"residuary estate"), I give in equal shares to my children, per stirpes. 1 � �.�`,�.� . � DONALD G. STEVENS U:\LifePlanPortfolio\Clients\Stevens, Donald G\Will.doc December 10,2011 4.2. In the event my children are not living on the sixtieth (60) day after the date of my death, I leave all the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my "residuary estate") to my children; PROVIDED THAT, if any of the above named beneficiaries shall predecease me leaving issue who survive me, then I leave the share of that deceased child to his or her issue, who survives me, per stirpes. 5. POWERS OF ADMINISTRATION. 5.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 5. These powers and authorities may be exercised by my executor and trustee in their sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to those conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate, however received and acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately large amount of the value of my estate invested in one type of property. 5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments are not of the character or proportions authorized by applicable law for the investment of the funds. 5.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 5.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in bearer form. 2 ��.,rt�,/I � � ^�e..��—' J�1 !w�-cAb" DONALD G. STEVENS U:\LifePlanPortfolio\Clients\Stevens, Donald G\Will.doc December 10,2011 5.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 5.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in any one or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 5.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my estate may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers, or employees of any business, to be compensated without regard to being a fiduciary under this Will; and (3) the power to make any other arrangements in regard to any business as my fiduciaries shall deem proper. 5.10. Emplovment of A�ents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 5.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 5.12. Third Partv Reliance. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the autharity of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. 3 ��,a fJ/1 �� � �� `� DONALD G. STEVENS U:\LifePlanPortfolio\Clients\Stevens,Donald G\Will.doc December 10,2011 5.13 Charitable Donations. In the event that any of my tangible personal property is donated to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s) as an inheritance tax deduction for any inheritance tax return which may be required to be filed as a consequence of my death. 6. PAYMENT OF DEATH TAXES. 6.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable as a result of taxes assessed on property passing under this Will shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death, limited to taxes assessed on property passing under this Will, shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. 7. EXECUTOR. 7.1. Appointment. I name, constitute, and appoint KAREN LYNN STEVENS-LOPER, as executor of my estate. If KAREN LYNN STEVENS-LOPER shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment, I appoint BRIAN R. STEVENS as successor executor. 7.2. Bond Not Required. None of the individuals named in Section 7.1 shall be required to furnish a bond for the faithful performance of his duties as executor. 8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, a person shall not be deemed to have survived me or another person if he or she dies within sixty (60) days of my death or of the death of the other person. 9. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the executor or trustee. My executor may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. 10. INTERPRETATION. 10.1 Successors of Fiduciaries. All pronouns referring to an executor and the term "executor" shall be construed to mean any person acting as my executor, co-executor, personal representative, or administrator, as the case may be. 4 �v�°�.9-� ,��,��� DONALD G. STEVENS U:ALifePlanPortfolio\Clients\Stevens,Donald G\Will.doc December 10,2011 10.2 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. 10.3 Headings. All headings used in this Will t� describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 10.4 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of six (6) typ�written pages of which bear my signature in the margin for the purpose of identification, this��%day of 1 , 201� / �, 4 DO ALD G. STEVENS, Testator Signed, sealed, published and declared by the above-named Testator, DONALD G. STEVENS, as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. � 1 — � � I ��1� �ie�L�nn��,,�,� 1�0�� Wrt ess Address • n � ��t� C��I.a t� alv�������..�t�►- 1�Z�� 'tness ( Address s U:\LifePlanPortfolio\Clients\Stevens, Donald G\Will.doc December 10,2011 10.2 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. 10.3 Headin�s. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 10.4 Governin� Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of six (6) �ewritten pages of which bear y signature in the margin for the purpose of identification, this�day of ' � , 201� ���� � , ���� DONALD G. STEVENS, Testator Signed, sealed, published and declared by the above-named Testator, DONALD G. STEVENS, as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. � - � 2331 Market Street, Camp Hill, PA 17011 'tness Address � ` � 2331 Market Street, Camp Hill, PA 17011 W ness Address 5 U:\LifePlanPortfolio\Clients\Stevens, Donald G\Will.doc December 10,2011 COMMONWEALTH OF PENNSYLVANIA ) �J : SS. COUNTY OF C�u,�rn,Q����� . ) I, DONALD G. STEVENS, THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRM� TO AND ACKNOWLEDGED BEFORE ME BY DCSnJ�LD �. J✓��`�� THE TESTATOR THIS `�DAY OF �f}`/ 201�- �:��41QNWEAL�H OF PEAINSYL'vANIA NQTArtiAL SE�1� i a�1ICHAEL R. CARANCI, Notary Rubiic ' �' �emoyne Boro. Cumberlmnd C�unty �iy Commission Expires June 15, ?014 N ARY PUBLIC COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) WE, �i9�'Fir/�. SlE1��5 -�-DP�� AND ��-,�G�'G't� �. V��."/�/`�'-� THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. SWORN OR AFFIRMED Tp AND SUBSCRIBED TO BEFORE ME, THIS �— DAY OF �% , 201-}.-.� '1 — WI ESS COMMQfJVdER�TH OF�E�JNSYL'v'A.NIA ��T�P�ir`�L��L WI E '1 fv19CH�,EL F�. �!�f2ll!v�i, Nni�ry E'�;blic L�rraoy�e B�ra. C�+mt�eiand County My Commissior� Expires��n� 95, 2014 NOT RY PUBLIC 6