Loading...
HomeMy WebLinkAbout09-15-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILDS OF CUMBERLAND Estate of EVELYN L. BRINK also known as EVELYN BRINK HIMMELBERGER Deceased COUNTY, PENNSYLVANIA File Number ~` ~~~ - U~i~ Social Security Number 195-10-2598 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executors last Will of the Decedent dated February 28, 2006, and codicil(s) dated 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: NONE © B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d. b. n. c. t. a.; pendente [ite; durante absentia; durante minoritnte) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -_ - `--~ ::.r~ -~ ~ -- Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principaYresi~nce ate -^~-~ 325 Wesley Drive, Apartment 3114, Mechanicsburg (Lower Allen Township), Cumberland County, PA 17055 'n`'1 ' • ~ r (List street address, town/city, township, county, state, zip code) , C3'f Decedent, then 90 years of age, died on August 27, 2009, at Holy Spirit Hospital, East Pennsboro Township, Cumberland County, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 290,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 0.00 situated as follows: N/A 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: Si ature T ed or rinted name and residence GARY L. SCHEIB, 221 Timber Road, Pottsville, PA 17901 ~~ ~ ~ JEFFREY L. SCHEIB, 419 Augusta Drive East, Sinking Spring, PA 19608 Form RW-02 rev. 10.13.06 Page I of 2 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.) Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY 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 Petitioners} and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Swom to or affirmed and subscribed efore me the ' ~~~ day of " !~ 2009 ~~ For the Register Signature of Pe onal Representative C7 °~. GAR L. CHEIB C 0 .a - -;~i cfi %~_; X - fT1 Sign r fPe oval Representntive ~ _-~ r ~ ~_-_'? ,~~3 JEFFREY L. SCHEIB rn -' Signature of Personal Representative "~':"n .. ~.._.J ~ - .~ ---t - Tr ~. File Number: oC I - Q9 - ~ C5(c3 I Estate of EVELYN L. BRINK, a/k/a EVELYN BRINK HIMAiELBERGER _~ Deceased Social Security Number: 195-10-2598 Date of Death: August 2'1, 2009 AND NOW, ~n~_ ~ rJ ~ ,~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to GARY L. SCHEIB and JEFFREY L. SCHEIB in the above estate and that the instrument(s) dated February 28, 2006, described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ ~~lJ .O~ Short Certificate(s) ........ $ Zt}- .u19 Renunciation(s) .......... $ ~1LI ... $~S _L~~ JCP ... $ -~ • c.~5 ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $31n~} .(`1 i ~ ste of Wills -' ~~ (J [~ ~ n ~ Attorney Signature: ~~"'~~' Attorney Name: Ronald T. Derenzo, Esquire Supreme Court I.D. No.: 7783 Address: 11 l East Market Street P. O. Box 207 Pottsville, PA 17901 Telephone: (570) 622-1947 Form RW-0? rev. 10.13.06 Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. 56.00 ,,, t e.E " ~~ ~.y , ;~ Certification Number This is to certify that the information here given is correctly copied from m~ original Certificate of Death duly fi ed with me as Local Registrar. The original certificate will be tiarwarded to the State Vital Records Office for permanent filing. ~~;yn._~ ~ A~~ 3 1 009 Local Rer~istral Date Issued c ? `. .- © Q .,~ • _. _ _ ; ~~ -. , -• ~ ~ _ _ _ _ _ L n ~; •- ~ 7 "~'~ ~ - 1 J `_ =7 J J : - _~~ ---~ 'tom . 1"V .- _. ' REV nrzoa COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH .VITAL RECORDS '~ ? /PRINT IN IMANENT CERTIFICATE OF DEATH ADK wK (See instructions and examples on reverse) crnTr= c 1. Name of Decedem (Flrsl, middle, last, suffix) 2. Sex 3 Serial Secudry Number 4. Dale of Death (Month, day, year) Evelyn Brink Himmelberger Female 195 _ 10 _ 2598 Au ust 27 2009 5. Aqe (Last Bmhday) Under t ear Under 1 der fi. Date of Binh Month, tla , ear 7. Binh lace Ci and state or tor e n taunt Ba. Place of Death Check onl one Months Deys Hours Minutes HOSyital' Other' 90 Yrs. June 29 1919 Scranton Pa (~ Inpauanl ^ ER, oalpadanl ^ DoA ^ Nurainq Hnma ^ Ras~dan<a ^ other spe~ily Sh. County of Death 9c. City, Boro. `wp. of Death Bd. facility Name (If not Institution, give street and number) 9. Was Decedent of Hispark Origins ~ No ^Ves 10. Race. American Indian, Black, White, etc. Cumberland Fast Pennsboro 'Itap Holy Spirit Hospital (If yes, speciy Cuban, Maxkan, Puenp Ripon, alp! (Specrly) White 71. Decedent's Usual Occ anon Hind of work d one B urin mast of workin Ille. Do not state retired 1'2. Was Decedent ever in the 13. Decedent's Education (Specity Doty highest grade comp leted) t4. Marital Slalus. Married. Never Married. 15. Surviving SDO USe (d wile, give maiden name) Kind of Work Kind of Business r Industry U.S. Armed Forces? Elementary /Secondary (0-12) College (1-4 or 5+) Widowed, Divorced (Speciry/ ^ Yas )~ Np 12 Married Ralph Himmelberger t6. Decedent's Mailing Address (Street, city; town, state, zip code) Decedent's Did Decedent Lower Allen Pa ~ 325 Wes ley Dr Apt 3114 Actual Residence 17a. State Yes, Decedent Lived m Two. iownshi , 17c p Mechanicsbur Pa 17055 Cumberland p ntl ^Np,DepadantLwadwhhm , 7b. County ' Actual Limns of airy/ Roro 18. Father's Name (First, middle. Ias1, suffix) 19. Mothers Name (Flrel, mitldla, maiden surname) Hannah Bowen 20a. Inlortnant's Name (Type r pool) 20h. Inlormant's Mailing Atltlress (Street, city l town, state, zip code) Ralph Himrnelberger 325 Wesle Drive t 31.14 Mechanicsburg, Pa 17055 21a. Melhotl of Disposition ^ Cremation ^ Donation 21 b. Dale of Disposition (Monts, day, year) 21c. Place of Disposition (Name of Cemetery, crematory or other place) 21 d. Location C~ryi town. state, zip code) Bunai ^ Removal (rpm Slate i Was Cremation or Donation Authorized ^ Otner~ S ~ Dy Metllcal Examiner/Coroner? ^ Ves^ No Se tember 2 2009 Shad Lane Cemeter Clark Summi t, Pa 22a. ure of Fu I Service ee a as such) 22b. License Number 22c. Noma and Atltlress of Facility - 011654-L M ers-Hamer Funeral Home Inc 1903 Market St Camp Hill, Pa 17011 Compete items 23a~c only when canirying 23a. T he best pf my knowfeflge `reach DC~rred at me rime date d place stated (Signature and title) n 23b. License Number 23c Date Signed (Month, day, year) physician a not available al time o' death to ceniry Cause of death. ~/ ~ fll / / ~ n p ~ i ~ . ,' •' /// '' ~ ~ 'Z ~ T / G Items 2d~26 must he completed by person 24. Time of Death /l 25. Dale Pronounced Dead Month, day, year 26. Was Case Relerr=.d to Medical Examines /Coroner for a R son Other than Crem tion or Donation'+ who pronounces death. ` M ,~ "7 , ~ / ^Ves ~~ No i Approximate Interval. CAUSE OF DEATH (See inatruetlons a ezemples) Part II'. Enter other sionifican~ conditions contributing to death 28. Dld Tobacco Use Contribute to Death? Item 27. van I: Enter the chain of events -diseases, ~njunes. or complications ~ that directly caused the death. DO NOT enlar lenninal events such as cardiac arrest, Onset to Death but not resulting In the untledying cause given In Per". I. ^Ves ^ Probably respiratory arrest. or venlncular Ilbnllalion. without showing the etiology. List Doty one cause on each line. ^ No ^ Unknown IMMEDIATE CAUSE IFlnal disease or condeion resulting mdeath) --~ M U L TIoQ ~ /3 ^( ~ ~d ~ L ~ ~ ~ a. 29. If Female ^ N ithi t t T Seq entially I~t conditions, A any, b Due lot ~~ ~ l) S e ~ (]S ~ ~~ ~ ~' h n w ~~ 6 ~ ~ i ] 7 ~l ` H l di t th li t li d pregnan a w n pasi year ^ Pregnant al iime of death ^ I ea o e on ne a. ng e s Enter the UNDERLYING CAUSE Due to (or as a consequence of): Nol pregnant, hw pregnant wilnin 42 days (disease or injury that iniluted me p I events resulting in death) LAST of death ^ . Due to (or as a consequence of): Nat pregnant, but pregnant d3 days to t year d. before death ^ Unknown it pregnant wehln the pall year 30a. Was an Autopsy 30b. Were Autopsy Findings 31. Manner of Death 32a. Dale of Injury (Month, day, year) 32b. Describe How Injury Occurred 32c. Pla<e of Injury'. Home, Farm, Street, Factory, Pedormetl? Available Prior to Completion ^ Natural ^ Homicide Office Building, etc (Specily) of Cause of DeaM? ~~yy55 ^ Yes I I N ^Y ^ N ^ Accident ^ Pending Invesligatlon 32tl. Time of Injury 32e. Injury al WOrk? 32f. II Transportation Injury (Specity/ 32g. Location of Injury (Street. city /town, state) o Q es a i ld N ^ S d ^ C l b D i d ^Yes ^ No ^ Driver/0 for parer ^ Passenger ^ Petlestdar u eterm ci e ou o e ne M ^ Other - Specity~ 33a. CemAer (check Doty oriel 33b. Sgnature and Title of Cediliar /I , /Y/ • Cenllying physklen (Physician cenitying cause of death when another physician has pronpUnfed tleam and completed Item 23) - I To the best of my knowledge, death occurred due to the cause(s) and manner as stated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • Pronouncing and rsnifying phyaclan (Physidan both pronouncing death and cenirying to cause of death) To the best of my knowledge, death occunetl at the Ilme, date, and place, end due to the cause(s) end manner ere atatetl_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • Metllcal Examiner/Coroner 33c. License Number (~ ~ /~ t 33d. Date Slgn tl IMonm, day, year) (~, ~ 7 Q, O ~ Q v ((( O^ 1/ On the bests al examinetbn and / or investlgaCan, in my opinion, death occurred at the time, date, end place, and due to the cause(s) and manner es steletl ^ 34. Name and Address of Person Who Completed Cause of Death (Item 27) Type r Prim Row 36 ,~„r3L ~a 35. Registrars alure and Dis ~ ~ ~ / ~ l I I I I I 36. Da a Filed (Month, Bey, year) - ~~ ~' l6 3 ,N~ N '~2~~ ~ 2 2~j/3JR ~ Disposition Permh No, ~ ~/ ~!L ~l7 /ix '~ LAST WILL AND TESTAMENT OF EVELYN L. BRINK, a/Wa EVELYN L. HIMMELBERGER, a/k/a EVELYN L. BRINK-HIMMELBERGER ~, rya C~ c: a _ ^ C:: ~ r~/ •S~ _X ~ ~~ ~,-, ~; -r-, _.__ .-=c1;~ c~~s - ,=. ~~ ~ ~" rv --a .~ ~.. I, EVELYN L. BRINK, alk/a EVELYN L. HIMMELBERGER, a/k/a EVELI~1 L. BRINK-HIMMELBERGER, of East Pennsboro Township, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make this my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. ',_t.._t --r-7 ~. t_, ~ J :::~ ,- _ -_-~ _ ;; ~,,, .._~ -~ FIRST: I direct that my Executors hereinafter named shall I-ay and discharge all of my legal debts and the expenses of my last illness and funeral as soon as possible after my decease. SECOND: I give and bequeath any shares of stock of PENNSYLVANIA POWER & LIGHT COMPANY which I may own at the time of my death unto my grandson, JEFFREY L. SCHEIB, if he survives me for a period of thirty (30) days. THIRD: I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever nature and wheresoever the same maybe situate at the time of my death, unto my grandson, JEFFREY L. SCHEIB, if he survives me for a period of thirty (30) days. FOURTH: In the event my grandson, JEFFREY L. SCHEIB, shall fail to survive me for a period of thirty (30) days: A. If my said grandson leaves issue to survive, I direct that my entire estate shall be distributed in equal shares unto my said grandson's then living issue, per stirpes; provided, however, that each such issue has attained the age of twenty- five (25) years. In the event any such issue has not attained. the age of twenty-five (25) years at such time, I direct that the share for such issue shall be held in a separate trust by my Trustee hereinafter named until such issue has attained the age of twenty-five (25) years for the following uses and purposes: I. The net income from such issue's trust shall, in the sole discretion of my Trustee, either be accumulated and added to the principal or paid to or for the benefit of said issue in such amounts and proportions as said Trustee may in Trustee's sole discretion determine. 2. In addition, if my Trustee in Trustee's sole discretion considers it advisable, Trustee may from time to time make payments from principal in such amounts as Trustee may deem appropriate for the health, support, maintenance and education (including higher education, undergraduate and graduate, business or technical) of such issue. 3. In addition, Trustee, in Trustee's sole discretion, may invade the principal of the trust for the following purposes: (a) To enable such issue to start a business, provided that it is on a sound business basis, in the sole discretion of Trustee. 2 (b) To advance funds for the down payment on a residence for such issue, to the extent that Trustee in Trustee's sole discretion deems advisable. (c) For any other legitimate personal or business need of such issue, to the extent that Trustee in Trustee''s sole discretion deems advisable. 4. Upon each such issue attaining the age of twenty-five (25) years, Trustee shall distribute absolutely to such issue the entire remaining principal and any accumulated income of such trust, if such issue has so requested Trustee in writing. 5. Anything hereinbefore contained to the contrary notwithstanding, if at any time Trustee shall in Tnzstee's sole discretion determine that the administration of any property retained in trust under this paragraph would be impracticable because of the small size of the fund or for any other reason, Trustee shall pay or distribute such property for the benefit of the beneficiary, without order to court; to the parent or guardian of the estate or person of the beneficiary; to the person caring for or having custody of the beneficiary; or such other persons, organizations or institutions as Trustee may select, whose receipt shall be a sufficient acquittance therefor. In the case of a minor, Trustee may deposit such fund in a savings account made payable to the minor at majority in a savings institution chosen by Trustee. 3 B. If my said grandson leaves no issue to survive, I direct that my entire estate shall be distributed unto my son-in-law, GARY L. SCH:EIB. FIFTH: I direct that the principal of my estate and of the trusts created or appointed hereunder and the income therefrom, so long as the same are held by my Executors or Trustee, shall be free from the control, debts, liabilities and assignments of any beneficiary interested therein, and shall not be subject to execution or process for the enforcement of judgments or claims of any sort against such beneficiary. SIXTH: I direct that all inheritance, estate, transfer, succession and death taxes of any kind whatsoever (including interest and penalties thereon), which may be payable by reason of my death, shall be paid out of my residuary estate. Taxes on future interests and remainders maybe prepaid. SEVENTH: In addition to any authority otherwise given them, I expressly grant unto my Executors and Trustee the following powers to be exercised in their discretion and on such terms as they may deem best with respect to my estate and the trusts created hereunder, including property retained for minors or disabled beneficiaries, and effective until final distribution of all assets: A. To retain any property owned by me at my death and invest and reinvest, without being confined to "legal investments", and without responsibility for diversification, in any form of property, including by way of illustration and not of limitation: real estate, common stocks up to one hundred per cent hereof; common trust funds maintained by or stock of any corporate fiduciary hereunder; investment trusts; mutual funds; and securities issued outside the United States. 4 B. To sell, exchange or lease for any period of time any property, real or personal; to effectuate a redemption of stock in a closely held corporation; to maintain, repair, alter, improve, restrict, subdivide, develop, partition, dedicate or abandon real estate; to grant easements concerning and to otherwise encumber real estate; and to give options and execute option agreements for the sale or lease of assets held without obligation to repudiate the same in favor of better offers. C. To subscribe for stocks, bonds, or other investments, to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and deposit securities thereunder; to exercise options and to purchase stock and other property; and generally to exercise all the rights of security holders of any corporation. D. To register securities in the name of a nominee or in such manner that title shall pass by delivery and to vote, in person or by proxy, securities held hereunder and in such connection to delegate discretionary powers. E. To receive additional property from any source and add it to any of the trusts hereunder. F. To borrow money and to mortgage or pledge assets held hereunder as security, to lend money on such security as may be deemed sufficient and to leave outstanding any loans taken out by me during my lifetime and remaining unpaid at my death or pay them off in whole or in part in their sole discretion. G. To make all reasonable compromises. 5 H. To make distribution in cash or in kind or partly in cash, and., except as otherwise specifically directed, to allocate specific assets to or among the beneficiaries, including any trusts established hereunder, in such manner or proportion as they in their sole discretion may deem advisable; provided, however, that this clause shall not be construed to permit them to affect the value of the distribution to which any such beneficiary maybe entitled hereunder. I. To delegate discretionary powers to agents or custodians, remunerate them and pay their expenses, whether for administrative or investment purposes or otherwise; and to employ and compensate from income or principal in their discretion investment and legal counsel, accountants, brokers, and other specialists. J. To combine the assets of any separate trusts established hereunder into one or more administrative or investment units for convenience of administration and investment. K. To enter into any transaction authorized under this Will (whether under this Section or otherwise) between my estate and any of the trusts created or appointed hereunder, between any of such trusts, with any beneficiary hereunder, with any individual or corporation acting as fiduciary hereunder, or with fiduciaries of other trusts or estates even if any such fiduciary is also acting hereunder. L. To write call options. All powers granted under this Will are exercisable only in a fiduciary capacity. No such power shall be construed to enable any person to purchase, 6 exchange or otherwise deal with or dispose of any estate or trust asset for less than an adequate consideration. EIGHTH: I nominate, constitute and appoint my son-in-law, GARY L. SCHEIB, and my grandson, JEFFREY L. SCHEIB, or the survivor of them, to be the Executors of this, my Last Will and Testament. I direct that no such Executor acting hereunder shall be required to post bond or enter security in any jurisdiction. NINTH: I appoint my son-in-law, GARY L. SCHEIB, as the Trustee of all the trusts created hereunder. Such Trustee shall not be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF, I, EVELYN L. BRINK, a/k/a EVELYN L. HIMMELBERGER, a/k/a EVELYN L. BRINK-HIMMELBERGER, have hereunto set my hand and seal to this, my Last Will and Testament, this 28th day of February , 2006. ~~.-~~.~- ~ ~1~--~~ (SEAL) EVELYN L. BRINK, a/k/a EVELYN L. HIMMELBERGER, a/k/a EVELYN L. BRINK-HIMMELBERGER Signed, sealed, published and declared by the said EVELYN L. BRINK, a/k/a EVELYN L. HIMMELBERGER, a/k/a EVELYN L. BRINK-HIMMELBERGER, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses thereto. 7 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF SCHUYLKILL I, EVELYN L. BRINK, a/k/a EVELYN L. HIMMELBERGER, a/k/a EVELYN L. BRINK-HIMMELBERGER, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. C~.,.~C, -L. EVEL L. BRINK, a/k,ia EVELYN L. HIMMELBERGER, a/k/a EVELYN L. BRINK-HIMMELBERGER Sworn or affirmed to and acknowledged before me, by EVELYN L. BRINK, a/k/a EVELYN L. HIMMELBERGER, ~aylk/a EVELYN L. BRINK-HIMMELBERGER, the testatrix, this a$T ~ day of O , 2006. <~~~-~ ~ uilctc..c ~-~~ Notary Public ~~~~ RlP ~ Y Pub1o lUy °' C m.,,~~,,_~on Expi~ 13, 8 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF SCHUYLKILL We, Angela M. Corson and Bonnie D.. Marshall , the witnesses whose names -are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testatrix sign and execute the instrument as her Last Will; that she signed willingly and that she executed it 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 or more years of age, of sound mind and under no constraint or undue influence. ~ m. C ~, Sworn or affirmed to and subscribed to before me by Angela M. Corson and Bonnie D. Marshall witnesses, this agTy day of ~ , 2006. ~~~~ Notary Public ...~~r NOTARW. SEAL TiiERESA R PRICE, try Pueec yy~~orr 13~ ... ... a :. , . , . ....,n.~.,~. 9