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HomeMy WebLinkAbout12-14-06 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Carol A. Devlin also known as File Number -2J - Ole - I j I () , Deceased Social Security Number 195-38-0174 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 121 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated Oct 31,2006 and codicil(s) dated none named in the (State relevant circumstances, e.g., renunciation, 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: o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence Decedent was domiciled at death in Cumberland 6 Stonehedge Wav. Carlisle. PA 17015 (List street address, town/city, township, county, state, zip code) ~g .-:1-u (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. ';;E P 7ni County, Pennsylvania with his / her last principal (~di&~ at C)o ".~) II )C :::0 at 6 Stonehedge Way. Carlisle, I7.brnl15 ! I"T1 <:'? "r .., -', ~I:" . t _ ) :,) C) . .::n . f,:::J 1-r1 COO) (,)C'") 'l-"f] .- -if 0';: <:,"'5 ...- fTI .s::- OJ ::x Decedent, then 58 years of age, died on Nov 2, 2006 .s::- U't ~) Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania 25,000.00 $ $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence Michael B Devlin 6 Stonehedee Wav. Carlisle. PA 17015 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personai Representative COMMONWEAL TH 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 ofPetitioner(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 and subscribed 1~1j6"" " 1 LJ-t-n day of ~=Q. before me the Signature of Personal Representative Signature of Personal Representative File Number: c2l- OlD - J IJ 0 Estate of Carol A. Devlin , Deceased Social Security Number: 195-38-0174 Date of Death: Nov. 2, 2006 , in consideration of the foregoing Petition, satisfactory proof Testamentary AND NOW, having been presented before me, IT IS DECREED that Letters are hereby granted to Michael B. Devlin in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) ofDec~nt. -~ FEES Letters ............... $ ( 00, DO Short Certificate(s) . .10 . . . $ 4D. CO Renunciation(s) .......... $ WilJ . . . $-15.00 . f'() 00 U LX .. . $ I D. Ald1)v)La.:hc'm. . . $ S. Db .. . $ .. . $ .. . $ .. . $ .. . $ .. . $ TOTAL .. . . . . . . . . . . . . $ 13 0.00 pey C~ wutrt Attorney Signature: 1, :r: , , "")> I Z-,-, .~ (/) ~ )OD :'U""T"'l -.-ir~ )5] .~ .--j ".i-.J j:'" -0 ::It ". ,; ~~~ .. --n ::.:: ,:''') I ,,-~, r-"f 1 Attorney Name: Supreme Court LD. No.: .- Vl Address: Telephone: Form RW-02 rev. 10.13.06 Page 2 of2 Ul(),".~()~ '?r-:V 'in:. This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent fi ling. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 ~~. ~~\.) &.-t"~ ....... Local Registrar Date p 12728192 NOV 5 2006 No. ;21-0to -1/ 0 o <;;0 '-~ :IJ :;; -0 0 j J: ..- ~em -:-= ;p ..en,..... ., .C)O ,>O-Tl U)C= -:l~ ~}::.. H105.143REV.02J2O'J6 TYPE I PRINT IN PERMANENT BlACK "" 1.NIIIl.of_(RI1I._.I",_ Carol A. Devlin 5. '<Je(lallli1hdoyl 58 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STAlE FILE NUMBER 4. DaIoofDoelh~doy.j8Irj November 2, 2006 v~. Twp. a DaIoofBl11_ 7. a::e Md..Ol' July 31, 1948 Spangler, PA 8b Co<rIyolDoelh Bd. Fdly N... Qf noI_. ghe _ end...-, Currberland 11. Decedent. Uau. lOOllt of lie. 00 not .. Rltnd. ...01_ ...of_l_ Homemaker Own Home . ,.. -.NelllngAdchuI......ciy/_._.Zl>_J 6 Stone hedge Way Carlisle PA 17015 12. W. Decederi fMIIln .. u,s. Armed Forces? Dv" I!Na ~ AclulllRealderI;a 17a.Sfa18 1... MarItaIStIlIta:Marrl8d,NevarM8Tled, _.llMmId (Spedfyj Married llId_ u..". 17c.1i1I V"._lIvedh T~? 17dD~~0Id_ Michael Devlin S. Middleton PA '7b.County Currberland . 'a NoihefIN...(Rrsl.__.......) Helen Yopchick :ilIb. -1'a~-(SUM.clly/_._Zl>_J 6 Stonehedge Way, Carlisle PA 21oPlecooflllopceiticn(llM>oofcemoloy._ClI_pIeoel 17015 21d. L.-..(CIly/__Zl>_J Carlisle PA 17013 28.llIdTobeca>Uee "0eeIh? Dv" 0-, DNa Du- 29.W_ o Nofrngn.._paell"8' o PlegIlanl.....of_ o NoIrnunnbul__42..,. ol_ D NoIrnunn blA_<3...." 'l"8' 01_ -._-...""l"8' 32t. PIaoe of Ojwy: Home. FIIIl1. -.. F""'Y. OIIco""-.elc._ iii '!l ~ 18. F-'-IFnI,_.IooI,_1 George M. Andyshak 2OII.__(TjpllIPl1nQ Michael Devlin 21.. Melhodof~ lieu"" 0--- 00.. ....", 22a. redF ~-Zlo<orly_"""Y'19 _Ie ool_.....of_" _"""of_. -24-26_be_r"penon who ptInCUIC8I dealt... --: 0r0eI " DeeI1 M~s\.:.h... Ovc.",... '" Cc-___ rJt..1D(or...~orr. i: """ '" ::S emlel_."'Y. tlca.-IiliId<r'lha. En10t UNIlERL YIIG CAUSE =::~~~~ Due ID (or _ . can.equence at)' b. 0UII1o (or.. OllftMquence 01): d. JOa. W.enAukJply Fe_ 3Ob._oIutlpeyfftltlgo ........PrIormComplellon dc...ofOelth? 31. .......ofOealh ~D- 0- DFloncIrG"- ~.T...of"" 0- DCotld...be__ N. ........ ~ ,,.:, '....:) o V.. Dv" DNa 3211. L.-..ofl<jley_dyl_._J 330. ~1_ClIIlyane) . ~phyelcIon~<*tir,;1g""of___ph_hee__end_Ilom23J T.IIIo...I<'my,,--,,_ _nod"" 10 Ihoceuee(ll end_. 81118jt_ _ n _ _ _ n _ _ n_ _ _ _ __n _ _ _n _ _ _ n__ . l'Ionounc:mg....corilIyIngphyelclon~boI1~_end<*tir,;1gb"""'''_) T.IIIo...."'my..--.. __.Il1o lime, -,end .......... """Ihocoo.oe(., end.......1Wa<l. _ _ n__ _ n__ _ _ __ _ _..D . ==-~c;end/Cll_-"my_.__nod"IIIo_.""''''_end.uelolhocoo.oe('lend_''elIIt<I._..D I ~ i :2l::n~~ - ".' 161. I i r--,) = = c:r- c::J ....,., ('"') i::g C) (:J ~T) C-"::'j C:J " ::;T., -n ("') \-n +" -0 ::it +" 0"\ -.' ) lOp. Clly/- LP ,~ LAST WILL AND TESTAMENT OF CAROL A. DEVLIN I, CAROL A. DEVLIN, of South Middleton Township, Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE TANGIBLE PERSONAL PROPERTY 9 1.1 I bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, to my husband, MICHAEL B. DEVLIN ("My Husband"), if he survives me by thirty (30) days. If he does not survive me by thirty (30) days, all such property shall be sold and the proceeds shall pass as a part of my residuary estate. 9 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. 9 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor ~ ~ -" ':.0 ;~go ~~ ) Q --h administrative expense of my estate. ARTICLE TWO CHARITABLE AND SPECIFIC BEQUESTS --. .'J 92.1 ,r.- I bequeath the following amounts to the following individuals and charitable en institutions in existence at my death and described in 92055(a) of the Internal Revenue Code: S 2.1.1 Five Thousand ($5,000) Dollars to Saint Patrick Church, Carlisle, Pennsylvania; 9 2.1.2 Twenty-five Hundred ($2,500) Dollars to St. Jude Children's Research Hospital, Memphis, Tennessee; {A856975: I} r" ''=:> ...::..::;) <:r- (::J f'1 C') ::'d fE2 ~"rj (7)0 ~.'~~ is r-~' 'l t'-n :.~:) C::J r-, -'={i -n C'"") iTl C) --1'1 "'- " :z - .. S 2.1.3 Twenty-five Hundred ($2,500) Dollars to Carlisle Area Religious Council, Carlisle, Pennsylvania, to be used for Project Share, or a similar program then in existence; S 2.1.4 Five Thousand ($5,000) Dollars to Todd Baird Lindsey Foundation, Carlisle, Pennsylvania; S 2.1.5 Five Thousand ($5,000) Dollars to each of the following of my and My Husband's nieces and nephews who survive me: S 2.1.5.1 Lara Hayworth; S 2.1.5.2 Ryan Milanese; S 2.1.5.3 Brett Milanese; S 2.1.5.4 Brandon Devlin; S 2.1.5.5 Colin Devlin; S 2.1.5.6 Ashley Andyshak; S 2.1.5.7 Amber Andyshak; S 2.1.5.8 Arnie Andyshak; S 2.1.5.9 Chris Kaufman; S 2.1.5.10 Craig Kaufman; S 2.1.5.11 Matt Kaufman; S 2.1.5.12 Mike Kaufman; S 2.1.6 Ten Thousand ($10,000) Dollars to my mother, HELEN A. ANDYSHAK, if she survives me. ARTICLE THREE RESIDUE S 3.1 I devise and bequeath all the residue of my estate to My Husband, if he survives me by thirty (30) days. {A856975:1} -2- ~ 3.2 If My Husband does not survive me by thirty (30) days, I devise and bequeath all such assets as follows: ~ 3.2.1 I bequeath Twenty-Five Thousand ($25,000) Dollars to my mother, HELEN A. ANDYSHAK, or the survivor thereof, if she survives me. ~ 3.2.2 I devise and bequeath the balance of such assets to each of my and My Husband's nieces and nephews listed in ~ 2.1.5 above and who survive me by thirty (30) days, in equal shares. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES ~ 4.1 I appoint My Husband as Executor of this Will. If he is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint LETORT MANAGEMENT & TRUST COMPANY, a Pennsylvania trust company with offices in Camp Hill, Pennsylvania, as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. ~ 4.2 I appoint the then serving Trustee as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FIVE POWERS OF FIDUCIARIES ~ 5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. {A856975:1} -3- ~ 5.2 Any such fiduciary shall have the following powers, in addition to those given by law: ~ 5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; ~ 5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; ~ 5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; ~ 5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; ~ 5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; ~ 5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; ~ 5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; ~ 5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631 (a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; ~ 5.2.9 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; ~ 5.2.10 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries; provided, however, no Trustee shall participate in any decision to terminate such trust if by reason of such termination such trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases of the distributee(s) will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or {A856975:1} -4- contingent, without notice to them and without the necessity of filing an account in any court; 95.2.11 To merge any trust created hereunder with any other trust or trusts created by me or my spouse under will or deed, if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons, and if such merger shall not cause any adverse income, estate or generation skipping transfer tax consequence; and 9 5.2.12 To allocate, in the Executor's sole and absolute discretion, any portion or all of my exemption under Section 2631 (a) of the Internal Revenue Code ("My GST Exemption"), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created hereunder. ARTICLE SIX PROVISION FOR TAXES 9 6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Three of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest. Notwithstanding any provision of this Article to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property. {A856975:1} -5- ARTICLE SEVEN PROVISION FOR DEBTS AND EXPENSES ~ 7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Three of this Will. ARTICLE EIGHT BUSINESS INTERESTS ~ 8.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest, a membership interest in a limited liability company or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor and Trustee, as the case may be (hereinafter referred to as the fiduciaries), subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the fiduciaries shall deem it advisable to sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the fiduciaries to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest which I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the fiduciaries are encouraged to pursue such election if the fiduciaries deem such election also to be in the best interests of my estate and the beneficiaries thereof. The fiduciaries shall have all rights and powers in connection with such business as I had when living, including specifically the {A856975:1} -6- power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership or a limited liability company, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the fiduciaries deem it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the fiduciaries. ARTICLE NINE MISCELLANEOUS PROVISIONS S 9.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. S 9.2 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a person who is then a trustee of such trust, such person may not participate in any way in the decision whether to make such distribution. No trustee who is under a legal obligation to support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the trustees of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. S 9.3 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such {A856975:1} -7- beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches age twenty-five (25), may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. S 9.4 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such benefiCiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. S 9.5 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. {A856975:1} -8- . , " IN WITNESS WHEREOF, I have hereunto set my hand and seal this 31st day of October, 2006. "- [ 1JJvtL-~ (SEAL) Carol A. Devlin Signed, sealed, published and declared by the above named CAROL A. DEVLIN as and for her Last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~~~ Residing at ~~ReSidingat {A856975:1} &...\':; 7 woo~~,.\ "t.. M~, t>A- noSD 2l ~ ~ 0 .::3-;:- ~ f>A- \ '::l-16L-.- -9- , f, '! ..- COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN We, CAROL A. DEVLIN, the testator, and Elizabeth P. Mullaugh and G. Martin Eichelberger, the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as her Last Will; that the testator 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 testator signed the Will as a witness and that to the best of her or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~ Old,t ~ Caro A. Devlin ~~~&.\s,~~~ \ Witness Witness Subscribed, sworn to and acknowledged before me by CAROL A. DEVLIN, the testatrix, and subscribed and sworn to before me by Elizabeth P. Mullaugh and G. Martin Eichelberger, witnesses, this 31st day of October, 2006. ~ 1+- ~( Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marianne H. Acri, Notary Public City of H~, Oauphln Countv My Commission EXpIres June 10,2010 {A856975:1} -10-