HomeMy WebLinkAbout06-06-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Evelyn M. Howley
also known as
File Number --1iJ - D 7 - 6.lJl5Lf
. Deceased
Social Security Number 025-09-6871
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor
last Will of the Decedent dated May 26, 2006 and codicil(s) dated
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of theinstrume~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
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(If applicable, enter: c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) <."
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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
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland
114 Runson Road. Camp HilL PA 17011 (Camp Hill Borough)
(List street address, town/city, township, county, state, zip code)
County, Pennsylvania with his / her last principal residence at
Decedent, then 92
Cumberland County. P A
years of age, died on June 3, 2007
at Holy Spirit Hospital, East Pennsboro Township,
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
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
150,000.00
$
$
$
$
125,000.00
situated as follows: 114 Runson Road, Camp Hill
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:
Paul J. Howley, 284 Harvard Street #53, Cambridge, MA 02139
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner( s) and that, as personal representative( s) of the Decedent, Petitioner( s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
Si~Z~~
7
before me the Ijf-f1.
day of
Signature of Personal Representative
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7' ,:::) -....
Signature of Personal Representative
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File Number:
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Estate of Evelyn M. Howley
, Deceased
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Social Security Number: 025-09-6871 Date of Death: June 3, 2007
AND NOW, (jtl1 ~ 9! CJuJ1f../ , ,;2007 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, ~REED that Letters Testamentary
are hereby granted to Paul J. Howley
in the above estate
and that the instrument(s) dated May 26, 2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES {Jt.oJ1 dtl I 1Q fUJf)tJ J/AjJ,~ bdll u.Jt
$ a. j D. {)O Register of Wills t:1 ~ (',t IV &1 JI J-'
Letters ............... ~ .d """"'I""" !J
Short Certificate(s) . . . . . . . . $ 1(0, CO Attorney Signature:
Renunciation(s) .......... $
& ...$_l~IOD
_ $ /0.00
h o-n ... $ 6JJD
.. . $
.. . $
.. . $
.. . $
.. . $
$
~.:::/,..
TOTAL.............. $~
Attorney Name:
Elyse E. Rogers
Supreme Court J.D. No.: 41274
Address:
635 North 12th Street, Suite 400
Lemoyne, PA 17043
Telephone:
717-612-5801
Form RW-02 rev. 10.13.06
Page 2 of2
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Thi~ is to certify that the information here given is correctly copied from an original certificate of death july filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent fjlinf:.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
~/?~~~"
Local Registrar
Fee for this certificate, $6.00
p
13355940
JUN 0 ~ 1007
Date
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3 REV 1112006
I PRINT IN
~MANENT
ACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
1. Name 01 Docedent IFilIl. mldde, last, d,)
Evelyn M. Howley
5. Ago (Lul Birlhdayl Undar 1 r
......
92
Vrs.
OOther. Spaci~:
10. Race: American Indian, Black, WhIte, etc.
ISpecif)\Whi te
Bb. County 01 Death
14. Mari1al Status: Manied, Never Married,
WIdowed, DIvon:ed ISpacifyj
Widowed
Did Deceda..
Uveina
Townah~?
17c. 0 Yea, Decedent Lived in
17d~ ~_IUvad_
Actual Umils of
Camp Hill
Twp.
11b. County
CilyIBoro
18. Father's Name (Flrsl. middle, Iasl, suffix)
Wallace M. Fitz erald
208. Informant's Name (Type I Print)
Paul J. Howley
19. Mother's Name (FIrst, mIddIa, maiden surname)
Margaret Smith
2Ob.lnIormanra MaII>lg__I_, dtyl_, alala, zip_I
284 Harvard St Cambridge,Ma 02139
Home Inc
23b. Ucense Number
23< Dale Signed (Month, day, yea~
21c, PIaca ol DIapoaItIon (Nama ol_, cramaloly or _ ~aca)
Gate of Heaven Cemetery
26. Was Case Referred to MedcaI Examiner I Coroner for a Reason Other than Cremation or Donation?
OV" ONo
I Approximate interval: Pari II: Enter ohr slmlflcanllXll'lCitionllXlnlribulna 10 d8IlIh,
: OnMttoDeath bulnotresullingintheundeftylngca\J8l8bMninPartl.
Use Contribute 10 Death?
OProllably
o No 0 Unknown
29. If Female:
o Not pragnant ..thin pasl year
o Pr8g1aI1I at time of death
o Nor pragnanl, but pragnanlwtthio 42 days
llIdasth
o Not pregnant, but pr8!1'8fd 43 clays to 1 year
before death
D Unknown if pregnanl within \he past year
32c. Place 01 Injury: Home, F81TT1, 9:reet, Factory,
0IIica BuMdlng, etc. (Spocify)
~ IisI condIions, if any, b.
=: UNOE~::rc:'U:: a.
~"'..:..'ty.,~~tha c
d.
308. Was an Aulopsy
P.-
OYes J(l No
Ov" ONo
ON""'" 0-
o Acddonl 0 Pandilg Invaaligation 320. Tme llIlnju~
o Suicide 0 Could Not ba Determined
32g. locallon 01 Injury (Street., City I town, Slale)
M.
338. COItifla< Ichack only ""I
CerttfyIng phy.1cian (Ptlysician certifying cause of death when another physidan Ilas pronounced death and canpIeIed ttem 23)
To the belt of my 1lnowIedstI, death OCCUI1"edd....tothecause(.)and................. _ _ _ _ _ _ _ _ _ _ _ __ _ __.... _ _ _.. _ _ _ _ _ _ __ __
PronouncIng"'__(_n_~_and_tocauaaot_1
To the belt of my knowtedge, dIeth occtImId. the Itme, date. and p&.cI!, and due to the C8UM(.) Ind manner..1tIted.. _ _ _ .. _...... _.... _ _.. _ _ _ 0
_, Examlnar I Coronar
On ItMI balte of examinltion Ind I or Invntigatlon, In my opInkHl, death occurred It the time, date, and pB:e, and due to the cauee(l) and manner.s sIIllCL 0
35. Registrar's
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Disposition Permll No.
Last Will and T cestamcent (.i
OF
EVELYNM. HOWLEY
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I, EVELYN M. HOWLEY, of the Borough of Camp Hill, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Familv Information. I am a widow. I have
one living child: PAUL J. HOWLEY. I have one deceased daughter: LINDA
HOWLEY, who is survived by no issue.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
ITEM IV:
Cash Gifts. I make the following cash gifts:
(i) The sum of ONE THOUSAND DOLLARS ($1,000) to
EUGENE KEITH;
(ii) The sum of ONE THOUSAND DOLLARS ($1,000) to
GLORIA RINGHOFFER;
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(iii) The sum of TWO THOUSAND DOLLARS ($2,000) to
THE HUMANE SOCIETY OF THE HARRISBURG AREA, INC.; and
(iv) The sum of THREE THOUSAND DOLLARS ($3,000)
to THE CHURCH OF THE GOOD SHEPHERD, Camp Hill,
Pennsy lvania.
ITEM V: Tang-ible Personal Property. I give to my
son, PAUL J. HOWLEY, all of my tangible personal property, including but not
limited to, all of my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of household or
personal use or adornment and all policies of insurance thereon.
ITEM VI: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my son, PAUL J. HOWLEY, if
he survives me. If he does not survive me, I make this gift to his then living issue,
per stirpes. If he is not survived by any then living issue, the residue shall be
distributed in equal shares to:
(i) THE HUMANE SOCIETY OF HARRISBURG AREA,
INC.;
(ii) THE CHURCH OF THE GOOD SHEPHERD;
(iii) CATHOLIC CHARITIES OF THE DIOCESE OF
HARRISBURG, PA, INC.; and
(iv) THE AMERICAN CANCER SOCIETY.
ITEM VII: Administrative Powers. In addition to the
powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
t )n I-{-
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(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Varv Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securities or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribution or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) or other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(f) Borrow Money. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of my estate,
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expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate.
(g) Pay Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate.
(h) Distributions Without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) Vote Stock. To exercise voting rights with respect to
securities which form a part of my estate, and to exercise all the
powers incident to the ownership of securities.
(j) Reorganize. To unite with other owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under a third-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, and to make all tax elections
authorized by law.
(m) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
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allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
assets of my estate, without affecting the compensation to which the
Executor is entitled.
(0) Adjust Basis. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
(q) Other Acts. To do all other acts in the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the estate.
ITEM VIII: Beneficiaries Under Age 25. If a beneficiary
under the age of twenty-five (25) years is entitled to receive assets under this Will,
the person who served as Executor of my estate shall retain those assets as
Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors
Act. The Custodian may receive and administer all assets authorized by law, and
shall have full authority as provided in the Pennsylvania Uniform Transfers to
Minors Act to use assets in the manner the Custodian deems advisable for the best
interests of the beneficiary.
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ITEM IX: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
ITEM X:
with respect to Executors:
Executors. I make the following provisions
(a) Initial Executor. I appoint my son, PAUL J. HOWLEY, to
be the Executor.
(b) Successor Executor. In the event that my son, PAUL J.
HOWLEY is unable or refuses to serve as Executor, I appoint
FULTON BANK, Harrisburg, Pennsylvania, to serve as Executor.
(c) Compensation. The Executor shall have the right to
receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(d) Standard of Care. No Executor shall be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will.
(e) Security. The Executor is specifically relieved from the
duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding five (5) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this ~~ day of lYl. "1 ' 200~ .
~ ~- ~- (SEAL)
EVELYN M. HOWLEY
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last
Will and Testament, in the presence of us, who, at her request and in her presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testatrix was of sound and disposing mind and memory.
IJ/uJk t1. fI/~(SEAL)
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Residing at YI/ 11/V-/i.J Ji.uu Jl)
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Residing at :;.:;{S. ~~
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF )
I, EVELYN M. HOWLEY, 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
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
~ )n, I~(SEAL)
EVELYN M. HOWLEY
Sworn to and subscribed before
me this~~ day of ~
~Cfk
Notary Public
My Commission Expires:
(SEAL)
1~~EAL TH OF PENNSYLVANIA
NOTARIAL SEAL
CYNTH!/! J RULE, Notary Public
Camp Hill Boro., Cumberland County
M Commission Expires Februa 3, 2008
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF )
We, /!/Jii'f ~ !J/d.,rll and [:(tJe [. t'3en
the Witnesses whose names are signed to the attached or fo gomg mstrument,
being duly qualified according to law, do depose and say that we were present and
saw Testatrix, EVELYN M. HOWLEY sign and execute the instrument as her Last
Will and Testament; that Testatrix signed willingly and that she executed said Will
as her free and voluntary act for the purposes therein expressed; that each of us in
the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the
best of our knowledge the Testatrix was at that time eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
t!juik
tL. a/ JX/u
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Witness
Sworn to and subscribed before
methisd.Lhdayof ~
, 20 D4 V
~~LL
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Public
Camp Hill Boro., Cumberland County
My Commission Expires February 3, 2008