The URL can be used to link to this page

Home My WebLink About12-23-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WII.,LS OF CLTMBERI-E1ND COUNTY, PENNSYLVANIA Estate of ~-SON C. EVER1iART File Number i~C ~ ' ~~'- ~ 1 q also loaown as ,Deceased Social Security Number 219-01-1435 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 Executor ~ named in the last Will of the Decedent dated 02/17/2000 and codicil(s) dated N/A -- (State relevant circwnrtances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered for probate, was not the victim of a Idlling and was never adjudicated an incapacitated_person: N/A ® B. Grant of Letters of Administration (If applicable, enter: c.t.a.; db.n.c.ta; pendente late; durante absentia; durante minoritate) n3 Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spt~e (if any) an~irs: (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.) C CJ `~ .:: ~~ r-~ 1 / ~e +% \.,• /~ J (COMPLETE W ALL CASES:) Attach additional sheets if necessary. `~ --~t 0 ~;~~ ~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ... Bethany Vi11aQe 325 Wesley Drive, Mechanicsbure, Lein Allen Township, Cumberland County, PA 17055 (List street address, town/ciry, township, county, state, zip code) Decedent, then 95 years of age, died on 12/21/09 ~ Bethany Village, Mechanicsburg, Pennsylvania 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ SOQ,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in FA) Personal properly 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: or printed name and residence 5020 Ritter Road, Ste 211, Mechanicsburg, PA 17055 , Form RW-02 rev. 10.13.06 Page I Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CiJMBERI-AND SS The Petitioner(s) above-named swear(s) or affum(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 ands bscribed before me the ~~~ day of ~G C' ~~ is Signatuae of Personal Representative ~ c~ ~- cp ~ _ , c ` Signature of Personal Representative ~ ~-- ~7 ~ '''~ y W ; ...~ FOr a lStei Signature of Personal Representative ,r ~ ~ ~ ' -` ~ Z .~ _.:_~,. ~:.'a nn QQ p o -.-, File Number: di'' ~ "1 - ~ ~ "1 Estate of WII-SON C. EVERHART ,Deceased Social Security Number: 219-01-1435 Date of Death: 12/21/2009 AND NOW, 3 , aV~ . in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary aze hereby granted to Wilson C. Everhart, Jr. in the above estate and that the instrument(s) dated 02/17/2000 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ ~ ~ V • Uq Register of Wills ' Short Certificate(s) ........ $ ,-~y • O ~ Attorney Signature: Renunciation(s) .......... $ l ~ ~ $ ~ OO Attorney Name: William E. Miller, Jr. c JJ~JC~.tS~l~l. . • • ~ . ~~ Supreme Court LD. No.: 7220 Address: 1822 Mazket Street ... $ $ Camp Hill, PA 17011-4824 ... $ ... $ • • • $ Telephone: (717) 737-9210 ... $ TOTAL .............. $I'~''l't .S J Form RW-02 rev. 10.13.06 P2ge 2 Of 2 105.112 REV. 1/OS (FEE FOR THIS CERT4FICATE$6.00).. WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATpON OF DEATH. :CERT. No. T 6 2 9 2 ~ ~. 2 ~~~~~~~ ~~~P~,SH OF pF~ It ~~?, ~ tislG~,// ~` y~~{a ~_ ti ~ ~~'Fls *~ December 22, ..2.0.09 i('~! 99 _'~P-/ j :pate of Issue of This Certitlcation Name of Decedent Dr. Wilson C. Everhart - Fist Middle Last Sex Male Social Security No. ~ 19 - 01 - 14 3 5 Date of Death Dec . 21, 2 0 0 9 Juli 5 191!4 Harrisburg, PA Date of Birth y ~ Birthplace Place of Death Bethany Village Cumberland Lower 'Allen' Twp.' Pennsylvania Facility Name County City. Borough or Tawnship Race White Occupation Physician _ Armed Forces? (Yes or No) Yes Decedent's Widowed '1417 Brandton Road Mechanicsburg PA 17055 Marital Status Mailing Address Nwr>her Stree4 .City are Town State Dr. Wilson C<. Everhart Jr Sally A. Myers' Inforrnant Funeral Director Name and Address of .Funeral Establishment David. Myers Funeral Home, Newport., PA .17074 Interval Between Part L• Immediate Cause Onset- and Death i ~a) Inanition - i -~- fib) Metastatic Prostrate Cancer '~ e., ~c) c~ ;~ - ; ', ,~ ~C7 Ci i j f ^_.~ ~d) Part ll: Other Significant Condition ~? ~ ~ ~~~ _~ advanced Dementia _z .~,~~ t+~ , , ' ~ ~ ~ irk ~ ~ ~. ~} Manner of Death Describe how injury occurr~_ri $ ~~- Natural X~l Homicide ^ ~~~- ~,.~__~__ 1.- Accident ^ Pending Investigation ^ ~ ? `'''- Suicide ^ Could not be Determined ^ Name and Title of Certifier _ Dr. Krishnan M.D.' (M.D., D.O., Coroner, M.E.) .Address 3456 Trndle Road,: Camp Hill, PA 17011 This is to certify that the information here given is correctly copied from. an original certifi'eate of death duly filed with me as 'Local Registrar. The original certificate will be forwarded to the State Vital Records Office #or permanent, filing: I ~~in~/ 50-455 L I fle(jistra[ of Vile1 Records Di6t'icl tJ~. December 21, 2009 101 Barnett St., New Bloomfield, PA<17.068 Date fleeeived by Local Registrar Street Atldress City. Borough. Township LAST WILL AND TESTAMENT OF WILSON C. EVERHART M.D. ~o ~ _.. , fTl ' C ~ ` r___.,, • ' "~#'~ ~ I, WILSON C. EVERHART, M.D., of Lower Allen Township, Cumberl~r4~~ounrtq', 'j A ' i -~ Pennsylvania, do hereby make this my Last Will and Testament, revoking a~'ormer.~ 4 ~ .~~~:' ~._. T F1 ~'s /r.1 \ -J / tI ~ i ^~ _ '"! Wills and Codicils made by me. ~~ FIRST: I am married to Frances D. Everhart, and all references to my wife in this Will are to her. I have three adult children from a prior marriage: Wilson C. Everhart, Jr., Jane E. Murray, and Margaret E. Burton, who are referred to herein as "my chil- dren" or as "a child of mine." Any person born to or adopted by a child of mine is described in this Will as "my issue." Provided, however, no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21) years. SECOND: On 21 December 1992, my wife and I entered into aPre-Nuptial Agreement. In accordance with the terms of that Pre-Nuptial Agreement, I make no provision in this Will for my wife. THIRD: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to such of my children who are living at my death, to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes Initials Page 1 of 8 of such children. I have complete confidence that my children or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. FOURTH: I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wher- ever situate and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust Agreement ("my Trust Agreement") between myself, as the Settlor, and Wilson C. Everhart, Jr., as the Trustee, of even date herewith, and signed prior to the execution of this Will. My Trustee shall add the property bequeathed and devised by this Article to the principal of the above Trust and shall hold, administer and distribute all such property in accordance with the provisions of the Trust Agree- ment, including any amendments thereto made by me before my death. FIFTH: If the above dispositions to the Trustee of my Trust Agreement should fail for any reason then, and in that event only, I give, devise and bequeath any and all such property not otherwise disposed of or appointed as provided above, to my Executor, INTRUST NEVERTHELESS, to be held, administered and distributed in accordance with the terms of my Trust Agreement, which is incorporated herein by this reference; and should such disposition fail, then to my children in equal shares, or to their surviving issue, per stirpes. ~~~ Initials Page 2 of 8 SIXTH: No person shall benefit hereunder unless he or she shall survive me by thirty (30) days. SEVENTH: (1) I name my son, Wilson C. Everhart, Jr., as my Executor. If my son is unable or unwilling to serve, I appoint my daughter, Jane E. Murray, as my Executrix. If my daughter is unable or unwilling to serve, then I appoint Pennsylvania State Bank, of Camp Hill, Pennsylvania, as my Executor. If Pennsylvania State Bank is unable or unwilling to serve as Executor, then my Executor shall be a qualified individ- ual, bank or trust company, which successor or substitute Executor shall be designated in a written instrument signed by William E. Miller, Jr., Esquire, or, if he is unable, by some other attorney designated by the law firm with which he is associated, or was last associated. I direct that my Executor or Executrix, herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) My Executor shall receive reasonable compensation for services rendered. EIGHTH: (1) I give to any Executor named in this Will or any Codicil hereto or to any successor or substitute Executor all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date of my death, during the administration and until the ~~ Initials Page 3 of 8 completion of the distribution of my estate. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. (2) My Executor is authorized and empowered to acquire and to retain, either permanently or for such period of time as my Executor may determine, any assets, including the capital stock of any closely held corporation, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (3) My Executor is authorized and empowered to disclaim any interest, in whole or in part, of which I, or my Executor, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (4) My Executor is authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor is authorized and empowered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary ~~ Initials Page 4 of 8 hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. (5) My Executor is authorized and empowered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. NINTH: If any beneficiary or remainderman under this Will or the accompanying Trust Agreement of even date herewith in any manner, directly or indirectly, contests or attacks this Will or Trust Agreement or any of its provisions, or objects to the accounts or actions of my fiduciaries, without probable cause, such beneficiary shall pay all costs, including, but not limited to attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust or such fiduciary peirsonally. In the event that such beneficiary does not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary or remainderman under this Will or said Trust Agreement shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting beneficiary or remainderman had predeceased me without surviving issue. TENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with res~,pect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such ~- Initials Page 5 of 8 property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimburse- ment. If my estate is insufficient to satisfy such taxes, I have by my Trust Agreement directed the Trustee to make available from the trust estate to my Executor sufficient assets with which to pay such taxes in full. I authorize my Executor to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this 17th day of February, 2000. ~~` ('_ (SEAL) WILSON C. EVERHART, M.D. Page 6 of 8 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND I, WILSON C. EVERHART, M.D., Testator, whose name is signed to the attached or foregoing instrument, having been duly sworn according to law, do hereby acknowledge that I signed and executed the attached 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, on this the 17th day of February, 2000. WILSON C. EVERHART, M.D., Testator Subscribed, sworn to, and acknowledged before me by WILSON C. EVER- HART, M.D., the Testator, this 17th day of February, 2000. ~~~ Notary Public NOTARI SLA~F.AL MARJORIE L. JOHNSON, Notary Public Lemoyne Boro, Cumberland County M Commission Expires A ril 7.2003 Page 7 of 8 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. WE, the witnesses, respectively, 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 WILSON C. EVERHART, M.D., sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of us in the hearing and sight of WILSON C. EVERHART, M.D., signed the Last Will and Testa- ment as witnesses; and that, to the best of our knowledge WILSON C. EVER- HART, M.D., was at that time eighteen (18) years of age, of sound mind, and under no constraint or undue influence. Witness /~ \ Witness i Witness Subscribed, sworn to, and acknowledged before me by N` iC{~te~ (,~. `~oyer' , and ~-llt AI`Yt ~.. (~~ ll~r: ~~'. ,the witnesses, this 17T" day of February, 2000. Notary Public NOTARIAL SEAL MARJORIE L. JOHNSON, Notary Public MQ Comnemissiori Ex~es Ana 7W2003 Page 8 of 8