HomeMy WebLinkAbout08-07-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Heath L. Allen
also known as
COUNTY, PENNSYLVANIA
File Number ~ ~ C' ~ d~ ~~
Deceased Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
t15J A. iProbate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Co-Executors
Last Will of the Decedent dated May 23, 200$ and codicil(s) dated
named in the
N/A
(Stnte relevant circumstances, e.g., renuncintion, denth 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 probarte, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
(Ifnpplieable, enter.• c. t. n.; d. b. n. c. t. n.; pendentelite; durantenbsentin; durnnteminoritnte)
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 YVill in Section A above and complete list of heirs.)
Decedent 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
(1f not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
situated) as
$ 1,400,000.00
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:
or printed name and residence
.- _.._~
I>,;?~~-- ~ Martin R. Allen, 1 Tracey Drive, Milltown, NJ 08850
-~i•-
~~ f ~ ~ ~; ~~~ ~ Elyse E. Rogers, Keefer Wood Allen & Rahal, LLP, 635 North 12th Street.
Suite 400, Lemoyne, PA 17043
Form RW-O2 rev. 10.13.06 Page 1 of 2
(CUMPLElL_ /N ALL CASES:) Attach additional sheets if necessary.
J -, <_
Cumberland `'
Dece-dent was domiciled at death in County, Pennsylvania with his /her last principal restnce at
321 North 28th Street. Borough of Camp Hill. Cumberland County. PA ~ --,
(List street nddress, town/city, township, county, stnte, zip code) N
Decedent, then 81 years of age, died on July 29, 2008 at 321 North 28th Street, Camp Hill, PAw
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUN'CY OF Cumberland
SS
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
before me the _~_ day of
i
,0
For the Register
File Number:
Signature„pf-flersonal Rep
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Signature of rsonal RepresentaKve ~ ~ ~ ~"'
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Signature of Personal Representative ;r _,~ ~_
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Estate of Heath L. Allen ,Deceased
Social Security Number: 202-20-1355 Date of Death: July 29, 2008
AND NOW, ~~ ~~ ~ ___, ~_, in consideration of the foregoing Petition, satisfactory proof
having been presented befor me, IT IS DECREED that Letters Testamentary
are hereby granted to Martin R. Allen and Elyse E. Rogers
in the above estate
and that the instrument(s) dated May 23, 2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
~,c °~ S'
Letters ../.. (.~ ~ E . $
Short C'ertificate(s) .. ~ ... $ ~ a
Renunciation s) .... ~..... $
J ...$ ly
... $ ~~
... ~
... $
... $
... $
... $
... $
TOTAL .............. $ -'0"06
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Register oa
Attorney Signature: '~_..~4
Attorney Name: Elyse E.
~-!' ~ ~
ers
Supreme Court I.D. No.: 41274
Address: Keefer Wood Allen & Rahal, LLP
635 North 12th Street, Suite 400
Telephone:
Lemoyne, PA 17043
717-612-5801
Form RYV-02 rev. 10.13.06 Page 2 Of 2
5-R05 REV IUi/U?i
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
ee for this certificate, $6.00
P 14~~42239
Certification Number
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 filing.
LG~yrt,- ~ d~ AUG 01 2000
-/ /
Local Registrar Date Issued
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1RINT N~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS -"' ~
nNENr CERTIFICATE OF DEATH C~J
:K INK (See instructions and examples on reverse) °~ ~ ~~ (~ ~ ~
CTATF FII F MI II.aRFF
f. Name o! Decedent (FrsL mitldlo.lasl, suttlx) 2. Sex 3. Sochi Secu[iry Number 4. Date of Death (Muth, day, year)
A ten ma12 202 -20 -~ 1355 July 29, 2008
5. Age (La$1 Binhtlay) Under f year Under 7 day 6. Dale of Birth (MOnlh, day, year) 7. Birthplace (City and state or for eign cbun7ry) 8a. Place of Death {Check only one)
81 Months Days (bun Mkules June 2 4 , 19 2 7 Harrisburg , P A Hospital: Other.
Yre
^ Inpatient ^ ER / Ourpetienl ^ DOA r~_
^ Nursing Home /I y.Fiesidance ^omar Specify.
Bb. County of Death Bc. City, Boro, Twp. of Death 8d. Facility Name (It not institution, give street and number) 9. Was Decedent of Hispanic Origin? No ^ Ves 10. Race: American Intliaq Black, While. etc.
Cumberland Cam Hill
p 321 N. 28th Street of vas. speNh cwan, 4$~g;/}~
Mexican, Puerto Rican, ek.) W Cl 1 C 2
11. Decedent's Usual Iron KubW woM tlue du ~ oast of workin lee. Do not stale reliretl 12. Wes Decedent ever in the 13. Decedent's Educatbn (Specify my highest grade completed) td. Marital Status: Maned, Never Maned, 15. Surviving Spouse (It wize, give maiden name)
KiM of Wark KIrA of Business I Industry U.S
. A
mred Forces? Elementary /Secondary (0-12) College (1-4 or 5+) Widowed, D~rced (SV~'rM
y
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}C1,J`ea ^ND 12 7 married Eleanor Martin
16. Decedent's Mailing Adtlress (Street, city /fawn, state, tip code) Decedent's Did Decadent
P e n n s y l v a n i a
3 21 N. 2 8th Street Amual Reaaerme ,7a. Seta -
Wna in m „D. ^ Yee, Decedent Lived in
Cumberland TOMB' „d~NO,DecedentlheOwkMn Twp.
77b
County
1 .
Actual Llmils of ~ ~~ ~ ~ ~ ~ Gry 1 Boa
18. Famer's Name (First, middle, last, sudixi 19. Mother's Name (First middle, maiden surname)
Albert L. Allen Alice Von Keller
20a. Inbrmanfs Name (Type I Print) 20b. Informant's Mailing Adtlress (Sbeel, Clty I town, state, zip codej
Eleanor M. Allen 321 N. 28th St.,Camo,Hi11,PA 17011
21a. Method of Disposiriu Cremaedn ^ Donation 2ID. Dale of Disposition (Month, day, year) 21c. Place of Disposaion (Name of cemelaxy, crematory or omer place) 21d. Location (City I town, stale, zip coos) 17 0 6 5
^ Burial ,Removal from State i Was Crerrotbn or Donetlon AuthadiedIyt A u~. 1, 2 0 0 8 H o 11 i n g e r Crematory M t. H o 11 y S~ r i n~ s,
P
r -Specify: i by Medka! Examiner / Coroner4 ,1~'es ^ No
a IBIe of Furrerel Ike Licensee (or pa acting as such) 22b. License Number 22c. Name arM Address of Facility
FD-013163-L Musselman FH&CS,Inc.,324 Hummel Av2.,Lemoyn2,PA17043
ate Items 23ac only wAen ceral}Mg
h
ekWn i5 net availade el tlma Of deed) ID 23a. To dre be of my knowledge, des netl at the lime, date antl place stated. (Sgnature and tttrei 23b Lkenze Number
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/I 23c. Dale Signed (Mdnfn, day, year)
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Items 2d-26 must be completeM hY person 2d. Tune of Death 26. Date Prawunced Dead (Momh, day, year) 28. Was Case Refened to Medical Examiner / Coroner f Rea Omer then Cremation or Donation?
woo Pronoulkes death / r ~ Q M, 0~ t7
Gl ^ Yes ~Jo
CAUSE OF DEATH (See instruction nd ex plea)
r Appronimate interval: Pan II: Enter other stand t cn!'~ L o to a th, 28. Ditl Tobacco Use lobate Io DeaU?
Item 27. Pan I: Emer the £bt~in I ve -diseases, inrynes, or colrrgkatkns - that rNreclty caused Ina tleath. DO NOT enter lerminel evens such as cardiac anest r Onset to Death but rat resuai W dre ands
ng dying rouse given k Pan I.
^ Yes robabty
respiratory arrest, or venrncular fibrillation without showing the etblogy. List my one Cause u each Nne. r
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CAUSE F
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inal
sease or A/
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condition resulting in ~alh) -~ a ,~ L1 (r r F~ C 1 I ~'C) s~ vt'` P~ ~ ~ 29. tf Female:
Due to (or as a wnsequence of): ^ Nor pregnant within past year
$Bqu9I1t18HV Ii3t Cgld'11i0ns, it any, b. ~
listed at line a
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adin
to the caus ^ Pregnant al lime pl death
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. Due to (or as a con uence o I
Emer the UNDERLYING CAUSE ~ 11~ Not re nanl, but
^ P q pregnant within 42 days
(Disease or injury that indicted the O i
events resuNng m deaths LAST. Cf deem
Due to or as a cans uence o i
( eq ~~.
^ Nm pregnant but pregnant 43 days l01 year
d r hefole death
^ Unknown g pregnant within the past year
30a. Was an Autopsy 3176. Were Autopsy Finduxp 31. Manner of Deem 32a. Date of Injury (Momh, Day, year) 32b. Describe How Injury Occuned 32c. Place of Irryury: Home, Farm, Slreel, Femnry,
Pertolmed? 0.vaifa0le Poor la ComWetkn ,,,., /ref ^ Horrxatle
i!d'Ra Oflce Builm'n ,etc S
g ~! ax+hl
of Cause df Death?
^ Yes ~ ^ Vas ^ ND ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 321.11 Transponatkn Injury (Spseilyi 32g. Location of Injury (Street, city I Town, share)
^ Suicide ^ Could Noi be Dalermuxd ^ Yes ^ No ^ Dover /Operates ^ Passenger ^Petlesldan
M Other - Specrly:
33a. Certifier (check oMy cne)
• Csrtdying physician (Physician cenitying cause of tleath when another physzan has pruounrxrd deem ono compleletl dam 23) 330. Signature arM TNe of Certifier /~
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To the best of my knowedge, deeM ocauned due m the cnusgs) end manner as staterL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _ ^
. Pronouncing and aertifyMg physician lPhyskian Mih pronouncing death and cerlityinq to cause W death)
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^ 33c. License Number
) 33tl. Dale Signed (MOnin, day, year)
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OF
HEATH L. ALLEN
I, HEATH L. ALLEN, of the Borough of Camp Hill, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
7.'estament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am married to
ELEANOR M. ALLEN, and all references to my wife in this Will are to her. I have
four children: BARBARA J. ALLEN, HEATH L. ALLEN II, MELISSA A. SMITH
and MARTIN R. ALLEN. These are described in this Will as "my children," or as "a
child of mine." Any person born to or adopted by issue of mine is to be included as
issue of mine. Provided, however, no adopted person shall benefit under this Will
unless the order or decree of adoption is entered before the adopted person attains
the age of twenty-one (21) years.
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
~°esidue of my estate, as an expense and cost of administration of my estate, except
i~hat 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
iinsurance 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 ~c_-~ ~t-'
administration of my estate. ~ ~ ;--, t
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Page 1 ~ (L ,~
ITEM IV: Tangible Personal Property.
(a) If Wife Survives. If I die before my wife, ELEANOR M.
ALLEN, I give to her all 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.
(b) If Wife Predeceases. If I survive my wife, I may leave a
written list in my safe deposit box or elsewhere disposing of certain
items of my tangible personal property. The Executor shall dispose of
items of my personal property as specified in the written list. If no
written list is found in my safe deposit box or elsewhere and properly
identified by the Executor within thirty (30) days after the probate of
my Will, it shall be presumed that there is no other statement or List.
Any subsequently discovered list shall be ignored. I give any property
of the type described in paragraph (a) and not set forth in a written list
to my children, to be divided among them as they shall agree. Should
there be no agreement, this property shall be divided among my
children by the Executor in as nearly equal portions as is deemed
practical in the discretion of the Executor, having due regard to their
personal preferences.
ITEM V: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, as follows:
(a) Applicable Credit Amount To Issue. To be divided into as
many equal parts as there are then living children of mine and then
deceased children of mine represented by then living issue, a fraction
of the residue. The numerator of the fraction shall be a sum equal to
the largest amount that can pass free of Federal estate tax under my
Will by reason of the applicable credit amount and the state death tax
credit (provided that the use of this credit does not require an increase
in state death taxes) allowable to my estate but no other credit and
after taking account of dispositions under other items of this Will and
Page 2
property passing outside of this Will which do not qualify for the
marital or charitable deduction and after taking account of charges to
principal that are not allowed as deductions in computing my Federal
estate tax. The denominator of the fraction shall be the value of my
residuary estate. For purposes of establishing this fraction, the values
finally fixed in the Federal estate tax proceeding relating to my estate
shall be used. I recognize that the numerator of such fraction may be
zero (0), in which case no property shall pass pursuant to this
provision.
Notwithstanding the foregoing, not more than fifty (50%)
percent of the residue shall pass pursuant to this paragraph (a), unless
it passes to them because my wife has predeceased me, or as a result of
the qualified disclaimer of part of the marital gift set forth in
paragraph (b) of this ITEM.
The Executor shall distribute one (1) share to each living
child and one (1) share to the then living issue of each deceased child,
per stirpes.
(b) Marital Gift. The balance of my residuary estate shall be
paid to my wife, ELEANOR M. ALLEN, if she survives me. If she does
not survive me, this share shall be divided into as many equal parts as
there are then living children of mine and then deceased children of
mine represented by then living issue. The Executor shall distribute
one (1) share to each living child and one (1) share to the then living
issue of each deceased child, per stirpes.
(c) Protective Provisions for Young Beneficiaries. If any
issue of a deceased child has not attained the age of thirty (30) years at
the time of distribution, then notwithstanding the foregoing, the share
of the beneficiary who has not attained that age shall be held by
HERSHEY TRUST COMPANY, as Trustee, IN TRUST, for his or her
benefit, to be administered and distributed as provided in ITEM VI.
Page 3 ~ L ~
ITEM VI: Trust for Young Beneficiaries. In each Trust
established for a beneficiary under the age of thirty (30) years (each the
"Beneficiary" of the Trust for his or her benefit):
(a) Net Income. The Trustee shall pay to the Beneficiary in
convenient, at least annual, installments so much of the net income as
the Trustee, in the discretion of the Trustee, considers necessary for
the proper support, maintenance, health care and education, including
college or other post-secondary education, of the Beneficiary. Income
not distributed shall be accumulated and added to principal.
(b) Principal. The Trustee shall also pay to or for the benefit
of the Beneficiary so much of the principal as the Trustee, in the
discretion of the Trustee, considers necessary for the proper support,
maintenance, health care and education, including college or other
post-secondary education, of the Beneficiary.
(c) Termination of Trust. Upon the attainment of the age of
twenty-five (25) years by the Beneficiary, the Trustee shall pay to the
Beneficiary one-half of the principal of his or her Trust. Upon the
attainment of the age of thirty (30) years by the Beneficiary, the Trust
shall terminate and the Trustee shall pay to the Beneficiary the
remaining assets of the Trust.
(d) Death before Termination. Should the Beneficiary die
before final distribution of the assets of his or her Trust, the Trust
shall terminate and the Trustee shall pay the assets of the Trust to the
then living issue of the Beneficiary, per stirpes. However, if any issue
has not attained the age of twenty-five (25) years at the time of
distribution, the Trustee shall continue to hold the share for that issue
as Custodian under the Pennsylvania Uniform Transfers to Minors Act
for the benefit of that issue.
(e) Trust Without Beneficiaries. If before final distribution of
the assets of any Trust established for my issue, there is no living
beneficiary of that Trust, it shall terminate. The assets of the Trust
Page 4 ~ A-
shall be paid to the then living issue, on a per stirpital basis, of the
nearest deceased ancestor (with issue living at the time of distribution)
of the Beneficiary who is me or my issue. However, if there is then in
existence any trust created under this Will for the benefit of that issue,
the share which would have been distributed to that issue shall be
added to the principal of his or her trust, to be administered and
distributed as provided in this Will.
(f) Failure of Issue. In the event I am not survived by my
wife or any issue, or if there are no issue of mine surviving upon the
termination of any trust, the residue (or principal) shall be divided in
two (2) equal parts. One part shall be paid to those persons who would
then be entitled to my estate under the intestate laws of Pennsylvania
then in effect as if I had died at that time intestate. One part shall be
paid to those persons who would then be entitled to my wife's estate
under the intestate laws of Pennsylvania then in effect as if my wife
had died at that time intestate owning that part of my estate.
ITEM VII: Spendthrift Clause. No part of the income or
principal of any Trust created by this Will shall be subject to attachment, levy or
seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any
beneficiary prior to his or her actual receipt of income or principal distributed. The
T~:'rustee shall pay the net income and the principal to the beneficiaries specified by
rne, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment, and without regard to any claim or attempted levy,
attachment, seizure or other process against the beneficiary.
ITEM VIII: Administrative Powers. In addition to the
powers granted at law, the Executor and the Trustee shall each possess the
following powers, each of which shall be construed broadly and may be exercised
without court approval, but in a fiduciary capacity only:
(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 or Trustee.
Page 5~-
(b) Vary Investments. To vary investments, to make loans,
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 a
Trust or for any other purpose, including final distributions, the
Executor and Trustee are authorized to divide and distribute personal
property and real property, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts so long as the total
market value of each share is not affected by the division, distribution
or allocation in kind. The Executor and Trustee are each 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 real
and 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(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the
power conferred upon the Executor and Trustee.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(fj Borrow Money. To borrow money from any person,
including the Executor or Trustee, to pay indebtedness of mine or of
my estate, expenses of administration or inheritance, legacy, estate
and other taxes, and to assign and pledge assets of my estate or any
Trust established by this Will.
Page 6 1~ L ~
(g) Pav Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate or any Trust
established under this Will.
(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 the Executor deems prudent and
appropriate.
(i) Vote Stock. To vote shares of stock which form a part of
my estate or any Trust established under this Will, and to exercise all
the powers incident to the ownership of stock.
(j) Reor a~nize. To unite with other owners of property
similar to property in my estate to carry out 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 athird-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, including but not limited to filing
a joint tax return with my surviving spouse, and to make all tax
elections authorized by law.
(m) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor or Trustee deems appropriate, and to compensate these
persons from assets of my estate or trust, without affecting the
compensation to which the Executor and Trustee are entitled.
:Page 7 1" ~ L- A
(n) Divide Trusts. To divide any Trust created in this Will
into two or more separate Trusts so that inclusion ratio for purposes of
the generation-skipping transfer tax shall be either zero or one, in
order that an election under Section 2652(a)(3) of the Internal Revenue
Code may be made with respect to one of the separate Trusts, or for
any other reason.
(o) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor or Trustee deems
appropriate. However, no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any
estate tax marital deduction or estate tax charitable deduction.
(p) 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.
(q) Compromise Claims. To compromise claims.
(r) Terminate Trust. To terminate any trust, if in the
opinion of the Trustee, the expense of administration of the trust is not
justified. Upon termination, the Trustee shall distribute the trust
property to the person(s) then entitled to receive or have the benefit of
the income therefrom. If there is more than one current income
beneficiary, the Trustee shall distribute trust assets to the income
beneficiaries in the proportion in which they receive income, or if no
proportion is designated, in equal shares to the income beneficiaries.
Page 8 ~`{ L ~
This power may only be exercised by a Trustee who is an independent
Trustee, and this power shall be ineffective to the extent that the effect
of the power is to vest in any Trustee or beneficiary a general power of
appointment.
(s) Other Acts. To do all other acts in his or her judgment
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate and Trusts established under
this Will.
ITEM IX: Accounting. The Trustee, on an annual
lbasis, shall provide each income beneficiary who has attained the age of eighteen
(18) years, and the Guardian of the person of any income beneficiary who has not
,attained the age of eighteen (18) years, statements showing transactions of each
'T'rust established for the benefit of that beneficiary. The beneficiary, or the
Guardian of the person of such beneficiary, may waive this right to receive an
;annual accounting. The Trustee may, at any time, settle any account, or questions
concerning the administration of any Trust established under this Will, by
.agreement with the then qualified beneficiaries (as that term is defined in the
:Pennsylvania Uniform Trust Act) of the Trust, if legally competent, or if not legally
competent, with the Guardian of the person of the beneficiary, the legally
competent spouse of the beneficiary, or the oldest legally competent relative of the
beneficiary who would take a portion of the estate of the beneficiary were the
beneficiary to die at that time intestate under the laws of the Commonwealth of
.Pennsylvania. Any settlement made in accordance with this Item shall bind all
:persons who have an interest in the Trust, and shall constitute a release and
discharge of the Trustee with respect to transactions specified in the settlement.
ITEM X: Distributions to or for Beneficiaries. The
'Trustee is authorized to distribute principal and/or income in any one or more of the
following ways if the Trustee, in the discretion of the Trustee, considers the
beneficiary unable to apply distributions to the beneficiary's own best interests, or if
the beneficiary is under a legal disability:
(a) To Beneficiary. Directly to the beneficiary;
Page 9 1 f -~
(b) To Guardian or Conservator. To the legal guardian or
conservator of such beneficiary;
(c) To Custodian. To the Trustee, or to another person
selected by the Trustee, as custodian under the Pennsylvania Uniform
Transfers to Minors Act as to a beneficiary under the age of twenty-
five (25) years;
(d) To a Relative. To a relative of the beneficiary, to be
expended by that relative for the benefit of the beneficiary; or
(e) Direct Expenditure. By directly applying distributions for
the benefit of the beneficiary.
ITEM XI: Merger of Trusts. Should my wife,
ELEANOR M. ALLEN, by Will or Agreement of Trust, establish Trusts similar to
t;he Trusts I have established for the benefit of my issue, the Trustee of each Trust
created in this Will shall have the right to merge it with the similar Trust created
by my wife for the same beneficiaries. If merged, the Trustee shall operate the
merged Trusts as a single Trust.
ITEM XII: 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.
Any person (other than myself) who has died at the same time as any beneficiary
under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be
deemed to have predeceased that beneficiary.
ITEM XIII: Trust Situs. The initial situs of each Trust
created under this Will shall be the county where I am domiciled at the time of my
death. The Trustee may determine, from time to time, to change the situs of any
Trust established under this Will. However, no change in situs shall be effective
until written notice is provided to the living beneficiaries of the Trust.
:Page 10
ITEM XIV: Executors and Trustees. I make the
i:ollowing provisions with respect to Executors and Trustees:
(a) Initial Executor. I appoint my wife, ELEANOR M.
ALLEN, to be the Executrix, herein referred to as the "Executor."
(b) Successor Executors. In the event that my wife is unable
or refuses to serve as Executor, I appoint my son, MARTIN R. ALLEN,
and my attorney, ELYSE E. ROGERS, to serve as Co-Executors,
herein collectively referred to as the "Executor." If my son, MARTIN
R. ALLEN, is unable or unwilling to serve as Co-Executor, I appoint
my daughter, MELISSA A. SMITH, to serve as Co-Executor. If she is
unable or unwilling to serve as Co-Executor, I appoint my son, HEATH
L. ALLEN II, to serve as Co-Executor. If he is unable or unwilling to
serve as Co-Executor, I appoint my daughter, BARBARA J. ALLEN, to
serve as Co-Executor. I name my children in inverse order of age.
(c) Trustee. I appoint HERSHEY TRUST COMPANY to
serve as Trustee of any Trust established for the benefit of issue of a
deceased child.
(d) Power to Remove Trustee. My youngest living child shall
have the power to remove HERSHEY TRUST COMPANY as Trustee of
any trust created under this Will, provided he or she first names
another institutional Trustee which accepts the appointment.
(e) Method of Appointment and Removal. Each appointment
or removal of a Trustee shall be in writing and shall be filed with the
court in the jurisdiction which is the situs of the Trust. The written
instrument shall be signed by the person having the power to make the
appointment or removal.
(f) Temporary Trustee. Each Trustee shall have the power
to designate a temporary Trustee by an instrument in writing
delivered to such temporary Trustee. The temporary Trustee shall
serve as such only during the legal incapacity of the appointing
,Page 11
Trustee, or, during such period of time as the appointing Trustee in
writing designates, and upon the expiration of that time, or at such
time as the legal incapacity of the appointing Trustee ceases, the
appointing Trustee shall once again become the Trustee.
(g) Acceptance of Office. A Trustee shall be deemed to have
accepted the office of Trustee as to Trust property only to the extent it
accepts that property by written instrument delivered to the Executor.
Should a Trustee refuse to accept property, the Executor shall have the
power to select another person to serve as Trustee, or to divide any
Trust created by this Will so as to permit one person (or persons) to
serve as Trustee with respect to some Trust property and another
person (or persons) to serve as Trustee with respect to other Trust
property.
(h) Resignation. Any Trustee may resign upon ninety (90)
days written notice to the then income beneficiary and each adult sui
juris remainder beneficiary of the Trust; provided, however, that the
resignation shall not become effective until and unless at least one
person is then serving as Trustee of the affected Trust.
(i) Delegation. Any Trustee may delegate investment and
related management functions to another Trustee, provided the other
Trustee accepts the delegation in writing. To the extent accepted, the
delegating Trustee shall be relieved of responsibility for the
investment decisions of the Trustee to whom investment and related
management functions were delegated.
(j) Responsibility. No Trustee shall be responsible for the
acts or omissions of any other Trustee.
(k) Duty to Investigate. In the absence of actual knowledge
of a breach of trust, or information concerning a possible breach of
trust that would cause a reasonable person to inquire, a successor
Trustee is under no duty to examine the accounts and records of any
predecessor Trustee, or to inquire into the acts or omissions of such
Page 12 ~ ~ ~.
predecessor, is not liable for any failure to seek redress for any act or
omission of such predecessor, shall have responsibility only for
property which is actually delivered to the Trustee by such predecessor
and shall have all of the powers conferred upon a Trustee hereunder.
(1) Compensation. The Executor and Trustee shall have the
right to receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(m) Security. The Executor and Trustee are 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 twelve (12) pages, at
the end of each page of which I have also set my initials for greater security and
better identification this z3 ~ day of sti1c,,.~ , 20a~.
~ L . ~ 1~ ~ (SEAL)
HEATH L. ALLEN
We, the undersigned, hereby certify that the foregoing Will was signed,
:sealed, published and declared by the above-named Testator as and for his Last
Will and Testament, in the presence of us, who, at his request and in his 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 Testator was of sound and disposing mind and memory.
_ (SEAL) Residing at ~~~ ~ /I1~~t' ~~(.~l
~~~
~i,~"" ~' V (SEAL) Residing at
~ lass
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
~ ) SS:
COUNTY OF ~,,~~kti•.,~~-~ )
We, and ~/~~Li:~ ~. Gt/i~~~`y,
ithe Witnesses whose nam are signed to the attached or foregoing instrument,
lbeing duly qualified according to law, do depose and say that we were present and
saw Testator, HEATH L. ALLEN, sign and execute the instrument as his Last Will
;and Testament; that Testator signed willingly and that he executed said Will 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 that time eighteen (18) or more years of age,
of sound mind and under no constraint or undue influence.
fitness
Witness
Sworn to and subscribed before
me thisc~~-~~ day of ~L~-.~~--~-
20~~'
~~ s\ ~ ' ~
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYi.VANiA
NOTARIAL SEAL
CYNTHIA J. RULE, Nt~y PCWa~iCty
Co~~BoroEwnbF nand 3, 2012
a~ o~ 0~1~
r!,
ENUNCIATION
=~ ~.
..~
~_~
r:
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~
_}=r ~
REGISTER OF WILLS ~:' -"
CUMBERLAND
COUNTY, PENNSYLVANIA ~' ~- ~
-~ ~ .`''
...
~, _s.
~
P
y. .-`
.~_
Estate of Heath L. Allen ,Deceased
I, Eleanor M. Allen , in my capacity/relationship as
(Print Name)
Executor/Spouse of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Martin R. Allen and Elyse E. Rogers
l~~ll~_ ~/V~ l~l~p~=
(Date) (Signnture)
321 North 28th Street
(Street Address)
Camp Hill, PA 17011
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
Form 12W-06 rev. 10.13.06
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purpose stated within on this ~~- day
ofR tt_.~~ '~O
~~ « _ ~~-
Nota Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
i CYNTHIA J. RULE, Notary Public
Lemoyne f3oro., Cumberland County
~ My Commission Expires Februa 3, 2012