HomeMy WebLinkAbout04-0605PETITION FOR PROBATE and G-RANT OF LETTERS
Estate of ' ff_¥C, ixlr'h '~:>. ~V~qF/O
also known as I ,_,/
· Deceased.
Social Security No, t'q ~ - Z CB ~ .~_ ~ tn q
The-petition of the-undersigned-respectfully represents t-hat:
Your petitioner(s)~ who is/are 18 years of age.or older an the execut r-~ v-
in the last' will of the above decedent, dated'___~ .... _,~!
and codicil(s) dated
To:
Register of'WilIs for the
County of ~_~-~ in the
Commonwealth of Pennsylvania
named
,19 ctt~
(state relevant circnmstanccs, e.g. renunciation, death of execUtor, etc.)
Decendcnt was domiciled at death in ("_L~(xk3~.v- \O.v~C~ _ Count.y, Pennsylvania, with
h (~ ~Y-'"I last family or principal residence at
· o1.~ .
(list street, number and muneipalit, y)
Deg.¢ndent, then ~ ..... years ofage, died. /"~OXd~_r"L~e_r'- {,o lq)2C~. ,
Except as follows, decedent did- not marry, was not divorced and- did-not have a child born or adopted
after execution of the wilI offered' for probate; was not the victim of a killing and' was never adjudicated
incompetent:
Decendent 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 $
(lfnot dOmiciled in Pa.) Personal property in County $
Value of real- estate in Pennsylvania $
situated as follows:-
WHEREFORE, petitioner(s) respectfully ,requost(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters .-~ .-~t~ t~a ~lh ~ r t~
theron. (testamentary; adminislration c.t.a.; administration d.b.n.c.t.a.)
OATH OF'PERSONAL REPRESENTATIVE :--~
COMMONWEALTH OF PENNSYLVANIA '~
COUNTY OF Ckar'~k:~-~rhc~ f' ~s ~ :~
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foreg~g petition are
true and' correct to the best of the knowledge and belief' ofpetitioner(s) and' that as persona/represen-
tative(s) of th~ ~bove decedent petitioner(s) wilt well an~inister the,~.~according to taw.
Sworn to ,or afO,.rm~d- and subscribed.-)L ~ :;]al.e_.? / /,~,~,~ ~
b~ c.~-/-/ da:y of [ ~' ..... - / ~ o~'
· T' ~
Estate-of ~¥~1~ '-~. '~.~ec~co Deceased
I ,U ~
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW
the reverse ride b~eof, satisfactory proof having been presented before me,
IT IS DECREED- that- thc instrument(s) dated ./~.,~u/, ~X /~
described therein be a~dmitted, to probas~ ax~d~fjled of record aa the last will of
and Letters_ -7-~_~7-~/.~'.07-.<//C~'J ......
~.~, in consideration of the petition on
FEES
es(
ciation ................ $ ~. ~-.~
TO-TAL __ $~~
nte~.~_~. ~....~..~. .........
ATTORNEY (Sup. Ct. i.D. NO.)
71~-
PHO~
RENUNCIATION
In Re Estate of Evelyn B. Rovegno
deceased.
To the Register of Wills of Cumberland
County, Pennsylvania.
The undersigned Lawton C. Rovegno of
the above decedent, hereby renounce(s) the fight to administer the estate and respectfully ask(s) that Letters
Testamentary
Richard L. Rovegno
beissuedto
hand this ~day of ~3~OOUt , 1'9 g. D04
(Address) '
(Signature)
(Address)
(Signature)
(Address)
his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Local Registrar
9750200
,0v 2oo
No. ~ Date
H105.143 Rev. 2/87
/PRINT
N
ANENT
;K INK
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS ..
CERTIFICATE OF DEATH
NAME OF DECEDENT (FLat, Middle, La~} STATE FILE NUMBER
Bvel-~, B Rov~no ]S_EX . J$OCIALSECURITYNUMBER ;. t I DATE OF DEATH (Mo~th Day Year)
s. z'. - ~'~ t~'ema£e /. 174 -- 20 -- 3569-~ I NOV. 6, ' '
2003
AGE(L..,B,.~..> ! U"DER, YEA. ~ U"OER, O~¥ I DATEOF B,RT" B'RT.PLACB C' ...... "' .......... -"" * ·"
I M~th, I D~/, t H~url [ Minutes ( (Month. Day. Year I Sta,e~x F~gn C~.,y) :.~,~.~' ~ '
,.7s "' I I I [ I,mv12,1925 ,.Carl:l. sle,PA ........ [] s,~,~.,.,.FI OD^I-] ..,,,~
Cumberland I Carlisle [ Thornwald Ho~ INo~-~ YeBF~lfye$.apec~fyCuban. (Spec~y) Whi4._
ab. Isa. lsd. I Mex,can, PUeI~' Rican, etc.
~,. Homemaker ,~b. Own Home .Yes[] No[~ ~3. 10-~) 12 O'~o,S.i ~4. Married ~s. Lawton C. Rovegno
514 Biddle Drive j~[,U~NCE 17..$ .... PA Old 17¢, [] Yes, decedenl livedin
s~ Carlisle, PA 17013 (se,,i,,,roc,id,, dec,~eo, ~,~.
· I on o~er side) ~?~. Couo,~umberland ,,~ in a
tOWnship? 17d. [~-] NO, decedent ~ived Carlisle
,,. Harry A. Brindle
" ~ ...... ~g. Florence Kell
.~.~u.,:-.u u. ~oveqno ~0b. 112 Sprlng Farm Circle, Carlisle, PA 17013
Oonalion[] Buda)~'""lCrematlo~[~ ..... Ifrom$1ate['-]. I( ........... ) JorOlherPlac. indl=n,,-~-- ~'~'.'~ I ty , , pC, ode
'S:;kAWRE,OFFU~?2~S~,~,'Oi.~..EN~.O~.~'p~,~?CT,,OABSU[,.,,· NO.V. 10, 20O3 I,,:.Natzonal Cemetery I'd. Annville, PA 17033
........ ~ · , . ~~-' · I · ~..~'~ u 12~c. Z-U [~. ~anover St., Carlisle, PA 17013
:;,'~;.;;';.";g:[~ ............. to ~.,g ...... d~t,.~ ........ ,~, .~ ~ I _ Mo.th
· 1,3.."-'~..~"' //~'"~'<~k. /<-~J I //,,) S'rS LJ.~ ~ I( i'~,.'?:l"? _
Items 24-26 mull be c~mpleted by ] TiM= ~F .~..H , ..... 23b. '--'- t ~
~,,.~.,,,,op. ..... ~.,~. I'" "~ '~' 1,7 I~^'E. PJ~O-~-OUNC,ED-DEAD(M°nth'Day'Year) WASCASEREF£RREDTOAMEDICALEXAMiNER/CORONER?
IMMEDIATE CAUSE (Final
re~ul~ng on de~th } LAST , d.
~ COMPLETION OF CAUSE
Y.,S .o r] Y.O is, . []
DATE OF INJURY [ TIME OF INJURY
(Monl/% Day, Year)
Dings. 130b.
I PLACE OF tN JURY - At home ~atm s res , actor/, Office
not resulting in the undedy{ng cause given id PART I.
Homicide
Pending Investigation
Could no~ be determined
DESCRIBE HOW INJURY OCCURRED.
Yes [] No
LOCATION (Street, City/'Tow~, Stets)
NUMBER
NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF
(Item 27) Type or Prim
NOTICE
THE PURPOSE OF THE POWER OF ATTORNEY IS TO GIVE THE PERSON
YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR
PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE
OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU
OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR
AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE
EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT
AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT
YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU
EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE
POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S
AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS
YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH.56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
MY ATTORNEY, TRICIA D. NAYLOR, HAS EXPLAINED THIS NOTICE AND
POWER OF ATTORNEY TO ME, I HAVE HAD THE OPPORTUNITY TO ASK MY
ATTORNEY ANY QUESTIONS I MAY HAVE REGARDING THE NOTICE AND
POWER OF ATTORNEY AND I UNDERSTAND THE CONTENTS OF THESE
DOCUMENTS.
(Date)
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, LAWTON C. ROVEGNO of Carlisle,
Cumberland County, Pennsylvania, have made, constituted and appointed, and do hereby make,
constitute and appoint, JOHN C. OSZUSTOWICZ, ESQ. of Carlisle, Pennsylvania, as MY
TRUE AND LAWFUL AGENT (hereinafter my "Agent"), for me and in my name and on my
behalf to receive and receipt for any and all sums of money or payments due or to become due to
me; to pay any and all bills, accounts, claims and demands now or hereafter payable by me; to
make investments and reinvestments for me; to act for me in any business in which I am now or
have been engaged or interested; to do and perform all matters and things and transact all
business; to make execute, and acknowledge all contracts, orders, deeds, writings, assurances and
instruments which may be requisite or proper to effectuate any matter or thing appertaining or
belonging to me; and generally to act for me in all matters affecting my business or property,
with the same force and effect to all intents and purposes as though I were personally present and
acting for myself, hereby ratifying and confirming whatsoever my said Agent shall do by
authority hereof.
In addition to the above powers, my Agent shall have the following specific powers:
(1)
To make gifts to any person selected by my Agent without limitation, including
the limitation of the annual exclusion from git~ tax provided under section
2503(b) of the Internal Revenue Code (or any successor provision to the Code);
(2) To create a trust for my benefit;
(3) To make additions to an existing trust for my benefit;
(4) To claim aa elective share of the estate of my deceased spouse;
(5) To disclaim any interest in property;
(6) To renounce fiduciary positions;
(7) To withdraw and receive the income or corpus of a trust;
(8) To engage in real property transactions;
(9) To engage in tangible personal property transactions;
(10) To engage in stock, bond or other securities transactions;
(11)
(12)
(13)
(14)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
To engage in commodity and option transactions;
To engage in banking and financial transactions;
To borrow money;
To enter safe deposit boxes;
To engage in insurance transactions;
To engage in retirement plan transactions;
To handle interests in estates and trusts;
To pursue claims and litigation;
To receive government benefits;
To pursue tax matters;
To authorize medical and surgical procedures;
To authorize my admission to a medical, nursing, residential or similar facility and
to enter into agreements for my care; and
To make an anatomical gift of all or part of my body.
If JOHN C. OSZUSTOWICZ, ESQ. is unable or unwilling to serve or continue to serve as
my Agent then I appoint my son, RICHARD L. ROVEGNO, of Carlisle, Pennsylvania to act as
my alternate Agent under the same terms and duration and granted the same powers as JOHN C.
OSZUSTOWICZ, ESQ. herein.
My agem shall receive no fee until he/she/it actually exercises the powers hereunder. In
consideration of my Agent receiving no such fee, my Agent shall have absolutely no duty to
exercise any of the powers hereunder unless my Agent [or Agent's chief trust officer], is
requested in writing by me or by a close member of my family to actually act under this power.
So long as my Agent is serving hereunder, such Agent may delegate one or more of the
powers granted herein to such person or persons as my Agent may designate, and on terms and
for such duration as my Agent may specify in writing signed by my Agent.
AND this Power of Attorney shall not be affected by any future disability or incapacity of
the undersigned principal.
.~~WITNESS WHEREOF, I have hereunto set my hand and seal, this I-~q~' day of
,2003.
Witness
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF CUMBERLAND )
SS:
On this, the /~-/'k day of ~ ,2003, before me, a Notary Public,
the undersigned officer, personally appeared LAWTON C. ROVEGNO, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the with in instrument and
notice, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEROF, i hereunto setmy hand
My Commission Expires:
(SEAL)
Nouu'ial Se~!
Tri¢i~ D. N,,yiot. Notary Public
Carlisle Boro, Cumberland County
My Commission Expire~ Oct. 2, 2006
4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
ACKNOWLEDGEMENT
I, JOHN C. OSZUSTOWICZ, ESQ., have read the attached Power of Attorney and I am
the person identified as the agent for LAWTON C. ROVEGNO (the "Principal"). I hereby
acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney
or in 20 Pa.C.S. Ch. 56 when I act as agent:
I shall exercise the powers for the benefit of the Principal.
I shall keep the assets of the Principal separate from my assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and disbursements on behalf
of the Principal.
of
b
(Date)
.~~bed and acknowledged before me by~[~ C. ~.~ $~att~n this/~t4'day ,2003.
N~ry Public -~x,~
My Commission Expires:
(SEAL)
Notarial Seal
Tricia D. Naylor, Notary Public
Carlisle Bom, Cumberland County
My Commission Expires Oct. 2, 2006
LAST WILL AND TESTAMENT
OF
EVELYN B. ROVEGNO
make,
I, EVELYN B. ROVEGNO, of Cumberland County, Pennsytyania, do
publish and declare this as and for my Last~'~ill and
Testament, hereby expressly revoking all wills and codicils made by
me heretofore, and dispose of my estate as follows:
ITEM 1: I direct the payment of my just debts and funeral
expenses, including a suitable and proper grave marker, as soon as
conveniently can be done following my decease.
ITEM 2: I direct that all State and Federal Transfer
Inheritance Tax, Estate Tax, Succession Tax or any other tax,
including any interest, assessments or penalties thereon, that may
become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or
in any other manner, shall be paid from my residuary estate, just
as if such taxes were my debts, and no beneficiary shall be
required to pay or refund any part thereof.
ITEM 3: The articles of household use in the home of my
husband, LAWTON C. ROVEGNO, and myself are owned by the two of us
as tenants by the entirety, and I therefore make no disposition of
the same because upon my death, he will be the sole owner thereof
by operation of law, if he survives me. Should my husband, LAWTON
C. ROVEGNO, fail to survive me, then I give and bequeath certain
items of such articles of household use in our home unto those
persons who are named in a memorandum which can be found with this,
my Last Will and Testament. The remaining articles of household
use not set forth in my memorandum, or all of such articles if
there is no memorandum found with this, my Last Will and Testament,
I give and bequeath unto my surviving children as they may
determine. If such property cannot be selected hereunder by
agreement of the parties involved, my Executor hereinafter named,
in Executor's sole judgement, may divide the same among those
involved; any remaining undivided and undistributed pursuant
hereto, shall pass into the residue of my estate.
ITEM 4: My tangible personal property (excluding money,
securities and the like) and my motor vehicles, together with all
insurance relating thereto, I give and bequeath unto my husband,
LAWTON C. ROVEGNO, if he survives me. Should my husband fail to
survive me, then I give and bequeath certain items of such tangible
personal property unto those persons who are named in a memorandum
which can be found with this, my Last Will and Testament. The
remaining tangible personal property not set forth in my
memorandum, or all of such tangible personal property if there is
no memorandum found with this, my Last Will and Testament, I give
and bequeath unto my surviving children as they may determine. If
such property cannot be selected hereunder by agreement of the
parties involved, my Executor hereinafter named, in the Executor's
sole judgement, may divide the same among those involved; any
remaining undivided and undistributed pursuant hereto, shall pass
into the residue of my estate.
2
ITEM 5: I give to my husband, LAWTON C. ROVEGNO, if he
survives me, the largest amount of the assets not distributable
under the foregoing provisions which can qualify as a marital
deduction in my estate, reduced by an amount, if any, needed to
increase my taxable estate so that the federal estate tax as
finally determined will equal the unified credit and state death
tax credit (other than for state death taxes designed to pick up
the credit under Internal Revenue Code §2011) available against
such tax. This legacy shall be satisfied only with assets which
qualify for the marital deduction, valued at the date of
distribution, and which, to the extent other assets are available,
shall not include assets for which a foreign death tax credit is
available.
ITEM 6: Ail of the rest, residue and remainder of my estate
of whatsoever nature and wheresoever situate, I give, devise and
bequeath unto my husband, LAWTON C. ROVEGNO, and to RICHARD L.
ROVEGNO, IN TRUST. My Trustees shall hold and distribute the
principal and income of this trust in accordance with the following
instructions:
A. If my husband survives me, my Trustees shall pay
all the income from the trust to him or for his benefit
in monthly installments. In addition, my Trustees shall
distribute so much of the principal of the trust to or
for the benefit of my husband as my Trustee, RICHARD L.
ROVEGNO, or his successor, shall deem necessary for his
3
health, maintenance and support.
B. Upon the death of my husband, or if my husband
does not survive me, my Trustees shall distribute the
trust estate in equal shares to my sons, RICHARD L.
ROVEGNO and JOHN S. ROVEGNO. If a son does not survive
me but leaves issue who survive me, my deceased son's
share shall be distributed to his issue, per stirpes,
subject to the provisions of ITEM 7. If a son does not
survive me and does not leave issue who survive me, my
deceased son's share shall be distributed to my issue,
per stirpes.
ITEM 7: I further direct, anything hereinbefore to the
contrary notwithstanding, that in the event any or all of the
distribution of my estate (except as provided in Items 3 and 4
above) be to a beneficiary or beneficiaries, other than my sons,
while he, she or they are still under the age of thirty (30) years,
that distribution of the share of each such beneficiary be instead
to my Trustees to be held by them in a separate and distinct trust
for each such beneficiary for the following purposes:
A. My Trustees shall accumulate the net income
earned on each trust and shall add the same to the corpus
until the beneficiary of said trust has reached the age
of twenty-one (21) years. Thereafter, the Trustees shall
distribute the net income earned on each trust to the
beneficiary of that trust in regular installments, and at
4
least quarter-annually.
B. In the sole and uncontrolled discretion of my
Trustees, they may utilize both the income and/or
principal of each trust for the health, maintenance,
education and support of the beneficiary of that trust.
It is my desire, but not my direction, that my Trustees
encourage any and all of the beneficiaries of the trusts
created by this Will to further their education along
those lines which interest each beneficiary and provide
for higher education (college, professional, technical or
any other forms of higher education) of any or all of my
beneficiaries, up to the extent or limit of principal and
income of the trust of which he or she is a beneficiary.
C. My Trustees may pay over from time to time such
of the principal of the beneficiary's trust as he or she
may request in writing, provided the intended use is for
a purpose which the Trustees believe will promote his or
her welfare, such as the purchase of a home, establishing
a business or profession, etc.
D. My Trustees shall make expenditures for any
beneficiaries without the intervention of a guardian.
E. My Trustees may pay the reasonable burial
expenses, including a suitable and proper grave marker,
for the beneficiary of any trust which has not been
terminated by previous distribution, and if my Trustees,
in the exercise of their sole discretion, choose to pay
the same, they shall charge the expense thereof against
the trust of that beneficiary.
F. The beneficiary of each such trust shall have
the right to withdraw in one or more installments up to
one-third (1/3) of the market value of the principal of
his or her trust after attaining the age of twenty-four
(24) years and prior to attaining the age of twenty-seven
(27) years. And the beneficiary of each such trust shall
have the right to withdraw in one or more installments up
to one-half (1/2) of the balance of the market value of
the principal of his or her trust, after attaining the
age of twenty-seven (27) years and prior to attaining the
age of thirty (30) years. And the beneficiary of each
such trust shall have the right to withdraw in one or
more installments the balance of his or her trust after
attaining the age of thirty (30) years. The market value
of the principal shall be determined by my Trustees when
the beneficiary, upon reaching each of the permitted ages
for withdrawals, makes the first withdrawal for the age
category.
G. In the event any beneficiary or beneficiaries
subject to the provisions of this Item die prior to
having received full distribution of his or her trust,
6
leaving issue surviving, my Trustees shall divide the
balance then remaining in the deceased beneficiary's
trust into as many equal shares as the deceased
beneficiary leaves issue sUrviving and shall hold each
portion, so divided, in a separate and distinct trust for
each such issue under the same terms and conditions as my
Trustees held the trust of the deceased beneficiary which
was divided pursuant to this provision.
H. In the event any beneficiary or beneficiaries
subject to the provisions of this Item dies prior to
having received full distribution of his or her trust,
without leaving issue surviving, the balance of his or
her trust shall go first to the surviving brothers and
sisters of said beneficiary and to the surviving issue of
any deceased brothers and sisters of said beneficiary,
per stirpes; and in the event said beneficiary leaves
none of the aforesaid surviving, second, to my then
living children and to the then living issue of any of my
deceased children, per stirpes. The share of the
recipient shall be added to the trust already existing
for said recipient and shall be administered and/or
distributed in accordance with its terms, providing,
however, that if such trust has already been terminated
by prior distribution, then said shares shall be
distributed outright to such recipients. And if no trust
already exists for any such recipient who is under the
age of twenty-one (21) years, the share of such recipient
shall be held in trust, administered and distributed by
the Trustees herein named and in the manner herein
provided for beneficiaries of trusts.
I. And in the event there are no beneficiaries who
qualify under the provisions of the previous paragraph by
representation or otherwise, then all balances remaining
shall be distributed as follows:
1. One-half (1/2) unto my heirs-at-law
as then determined under the Intestate Laws of
the Commonwealth of Pennsylvania then in
effect; and
2. One-half (1/2) unto my husband's
heirs-at-law as then determined under the
Intestate Laws of the Commonwealth of
Pennsylvania then in effect.
ITEM 8: Should my husband, my sons and the issue of my sons
all fail to survive me, then and in that event, I give, devise and
bequeath all the rest, residue and remainder of my estate of
whatsoever nature and wheresoever situate, as follows:
A. One-half (1/2) unto my heirs-at-law as then
determined under the Intestate Laws of the Commonwealth
of Pennsylvania then in effect; and
8
B. One-half (1/2) unto my husband's heirs-at-law as
then determined under the Intestate Laws of the
Commonwealth of Pennsylvania then in effect.
ITEM 9: In the administration of my estate and the trusts
herein created, my Executor and Trustees shall have the following
powers without leave of court in addition to, but not in limitation
of, the powers granted by law to the Executors and Trustees of
estates and trusts, which powers shall continue after the
termination of my estate and the trust or trusts provided for
herein until actual distribution of the assets:
A. To receive in the estate and to receive and
retain in the trusts any assets, real or personal, to
which I may be entitled at the time of my death, which my
Executor or Trustees may deem for the best interest of
the estate or trusts without being required to convert
said assets into so-called "legal investments".
B. To invest and reinvest in such securities as a
prudent man of intelligence and discretion would buy for
himself for investment, and not for speculation, giving
due regard to the safety of the principal and the
adequacy of the income, and without being limited to the
so-called "legal investments" of the Commonwealth of
Pennsylvania, said investment authority to include the
right to invest in any Discretionary or Legal Common
Trust Fund that may be administered and managed by a
9
Corporate Executor or Corporate Trustee.
C. To sell or buy real estate without Court order
at public or private sale; to make, execute and deliver
or receive good and sufficient deeds of conveyance and
give or receive good title therefor; to reinvest the
proceeds as if they had originated in personal property;
to mortgage or encumber any real estate held in trust, or
comprising part of my estate, borrowing the necessary
funds from any source; to improve any property or
otherwise expend principal funds for the upkeep and
welfare of any properties; to release, vacate and abandon
the same; to grant and acquire licenses and easements
with respect thereto; to make improvements to or upon the
same; and in general to do all things necessary in the
management of the properties as if they are the owners
thereof, including the right to let property and to make
leases for any term including beyond the terms of the
trusts. The purchaser shall not be required to see to
the proper application of proceeds but may pay the same
over to the Executor or Trustees selling the same.
D. To make distribution hereunder in cash or of
property and securities in kind at fair market value at
the time of such distribution and in such a manner as to
be fair, equitable and just to all concerned.
Ee
Income accrued on any property received by my
10
Trustees either at the inception of the trust or as an
addition thereto shall be treated as income and not as
principal. Upon the death of any beneficiary of income,
any undistributed income in the hands of my Trustees held
for such beneficiary at the time of his or her death
shall be paid to the person or persons for whose benefit
the principal producing such income is continued in trust
or to whom it is distributed under the terms of this
will.
F. To exercise any election or privilege given by
the federal and other tax laws, including but not limited
to, the consent on gift tax returns to have any gift made
by my spouse considered as made in part by me for gift
tax purposes, the filing of joint income tax returns, the
payment of any portion of income or gift tax due under
such returns, the election of the alternate valuation for
federal estate tax purposes, the election to claim
deductions for federal estate tax or for federal income
tax purposes, and the election of the method of payment
of pension, profit-sharing, HR-10, individual retirement
account, and any other similar benefits. In addition, my
fiduciaries, in their sole discretion, may make or not
make equitable adjustment among the beneficiaries,
without the consent of the beneficiaries, for the
exercise or non-exercise of any election or privileges.
In particular, the Executor is authorized:
11
i. To allocate any of my exemption from
the Federal Generation Skipping Transfer Tax
provided in Section 2631 of the Internal
Revenue Code of 1986, as amended (the "Code"),
which is available at the time of my death to
any property as to which I am deemed to be the
transferor under the provisions of Section
2652(a) of the Code, including any property
transferred during my life as to which I did
not make an allocation prior to my death.
ii. Property may be subject to
allocation under Subparagraph i of this ITEM
9F. whether or not it is included in my
probate estate. All allocations under
Subparagraph i of this ITEM 9F. shall be in
the sole discretion of my Executor, who shall
have the power to omit any such property from
any such allocation. Any decision made by my
Executor shall be binding on all persons.
G. In Executor's and/or Trustees' sole discretion,
Executor and/or Trustees may continue to. operate any
business or businesses which I may own or in which I may
have an interest, whether as sole owner or as partner or
as shareholder for such period or periods as Executor
and/or Trustees, in Executor's and/or Trustees' sole
12
discretion, may consider the same advisable, including
the right to delegate discretionary powers to any manager
or employee, without any responsibility or liability to
my estate or Trustees, heirs, legatees, devisees or
remaindermen for errors in judgment during the operation
thereof by virtue of the authority granted Executor
and/or Trustees under the provisions hereof. In the
operation of said business or businesses, Executor and/or
Trustees, in Executor's and/or Trustees' sole discretion,
may continue to operate such business or businesses the
same as I have done prior to my death or may expand or
contract said business, including the right to merge said
business, by itself or jointly with others, as Executor
and/or Trustees may then find advisable, in Executor's
and/or Trustees' sole discretion, under the then business
conditions. This authorization is intended to be
construed broadly so as not to hamper all business
decisions in connection therewith, it being my intention
to authorize my Executor and/or Trustees to do and take
whatever steps are necessary in the conduct of said
business or businesses.
ITEM 10: No assignment or order by any beneficiary by way of
anticipation of any of the principal or income of the trusts herein
created shall be valid; but the income and principal shall be paid
directly to the beneficiaries entitled to receive it, and the
income and principal shall not be subject to attachment, execution,
13
levy, sequestration, hypothecation, garnishment or other process
while in the hands of my Trustees.
ITEM 11: If, for any reason, a guardian over the estate of a
beneficiary or beneficiaries is needed or required, my Trustees
shall be the guardians of the estate of such beneficiary or
beneficiaries, with the same rights, powers, privileges, duties and
responsibilities as I have given to them as Trustees.
ITEM 12: Ail references in my Will to son, children and issue
shall include those born or adopted, either before or after the
date of my Will. Adopted persons shall be considered as children
of their adoptive parents, and they and their descendants shall be
considered as issue of their adoptive parents, regardless of the
date of the adoption.
ITEM 13: I nominate, constitute and appoint my husband,
LAWTON C. ROVEGNO, to be the sole Executor of this, my Last Will
and Testament. If my husband is unable or unwilling to serve as
Executor, I appoint my son, RICHARD L. ROVEGNO, to be the sole
Executor. No Executor or Trustee shall be required to give bond.
ITEM 14: If my husband, LAWTON C. ROVEGNO, is unable or
unwilling to serve as a Trustee, my son, RICHARD L. ROVEGNO, shall
serve as sole Trustee in his place. If my son, RICHARD L. ROVEGNO,
is unable or unwilling to serve as a Trustee, JOHN C. OSZUSTOWICZ,
ESQUIRE shall serve as a Trustee.
ITEM 15: Wherever the context requires, the masculine gender
14
shall include the feminine and neuter gender, and vice versa, and
the singular shall include the plural, and vice versa.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~/~day of /~ , 1996.
Signed, sealed, published, acknowledged and declared by the
above-named Testatrix, EVELYN B. ROVEGNO, 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 hereunto
subscribed our names as witnesses thereto.
Of
Of
15
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, EVELYN B. ROVEGNO, Testatrix, who signed the foregoing
instrument, having been duly qualified according to law,
acknowledge that I signed and executed the instrument as my free
and voluntary act for the purposes therein contained.
Sworn to or affirmed and
acknowledged before me by
EVELYN B. ROVEGNO, the
Testatrix, this ~ day of
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
We, the undersigned witnesses who signed the foregoing
instrument, being duly qualified according to law, depose and say
that we were present and saw Testatrix sign and execute the
instrument as her Last Will and Testament; that she signed and
executed it willingly as her free and voluntary act for the
purposes therein expressed; that each of us in her sight and
hearing signed the Will as witnesses; that Testatrix is known to
each of us; and that to the best of our knowledge and observation
the Testatrix was at the time of sound mind and under no constraint
or undue influence.
Sworn to or affirmed and subscribed
to before me by -~,'~ ~o ~/~$
and '~-6,6,~ ¢. (~)3Z~,J~{(%. witnesses,
this .~/s~ day of ~' , 1996.
L_
Notary public - ~ (~
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
21 _ 04
0605
DEC'DENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
I-- Rovegno, Evelyn B.
Z 174-20-3569
UJ DATE OF BIRTH (MM-OD-YEAR
/~ DATE OF DEATH (MM-OD-YEAR)
UJ 11/06/2003 05/12/1925 THiS R~TtmN MUST BE FILED ~N DU~UCATE Wff'H ~4E
U REGISTER OF WILL~
W {IF APPUC_~LE) SURVIVING SPOUSE'S NAME {LAST FIRST, AND MIDDLE ~NITIAL) SOCIAL SECURITY NUMBER
~ Rovegno, Lawton C. 411-32-9111
8,,
~ $ EC,~r~ r~ MUST BE ~.,~P~."*i mU. ALL CORRESPONDENCE AND CoNFIDEFRrlAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME CO~ETE MAILING ADDRERS
Tdcia D. Naylor 104 S. Hanover St.
LaWmLEPFK)flEOffiCeNuMSF. Rof John C. Oszustowicz Carlisle, PA 17013
(717) 243-7437
215,756.40
24,491.1
(8)
(11)
(12)
240,247.50
(13)
(14) 240,247.50
1. Real Estate (Sci~dute A) (1)
2. Stocks ~nd BeAds (Schedule B) (2)
3. Closely Hekl C~pma~o~, Padmf,a'~ m- Soie-Prol~etora~ (3)
4. Morlgag~ & ~ R~ (~ D) (4)
5. ~,~S~~l~ (5)
(~ E)
6. ~ ~ ~ (~u~ F)
7. t~-V~ T~ & ~ ~ ~ (7)
(~G~L)
8. T~I ~s ~ (~ ~
9. F~ ~&~ (~ H)
10. ~ of ~L ~e Lb~. & Ue~ (~ I) (10)
11. T~I ~ (~ Lh~ 9 & 10)
12. ~ Val~ ~ (~ 8 ~L~ 11)
0.00
0.00
13. ChaitaNe and Governmental Bequests/Sec 9113 Tm~s f~ which an etec~o~ to lax has not bee~
made (Schea~ j)
14. ~Va~ ~T~(~ 12~ 13)
15. Arreum d Une 14 taxable at 1he spousal tax 24024750 0
rate, or b'ansfem under Sec. 9116(aX1.2) ,, ~. x .0 . (15)
16. Arammt o~ Line14 taxable at lineal rate x .0 __ (16)
17..~t of Line 14 taxable at s~0~ng rote x .12 (17)
18. Ammmt of Line 14 taxa~e at c(~ateral rate _ . x .15 (18)
19. Tax Due (19)
20. []
· > BE SU~ TO ~.~, ALL QUES11ON$ ~ I~ _l~_ ~ AND RI=CHt=~ MATH < <
Decedent's Complete Address:
514 Biddle Dr.
cn~'Cadisle
Tax Payments and Credits:
1. Tax Due (Page 1 Une 19)
2. Cradita/Paymenta
A, Spou~ Porky Cmd~
B. Pdor Payments
C. Disccunt
STATEPA I ZIP 17013
3. Interest/~enelty if applicable
D. Interest
E. Penalty
Total Interest/Penalty ( D + E )
4. If Line 2 is greater than Lme l + Line 3, enter the differenue. This is the OVERPAYMENT,
Check box on P~e 1 Liea 20 to requ~t a relund
5, If Line 1 + Line 3 is gm~ter ~an Line 2~ e~ter ~he diff~anes. This is me TAX DUE.
(1)
Total Cradits (A + B + C ) (2)
A. Enter the interest oe lhe tax due.
0.00
0.00
0.00
(3)
(4)
(SA)
(5B)
B Enter the tetem of Line 5 + 5A. This is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PI. ACING AN "X" IN THE APPROPRIATE BLOCKS
1. D~ decedent make a transfer and: Yes No
a. mtath the ues or thcorne of the property tmnderred; .......................................................................................... [] []
b. retain the right to des~'gnata who shall ues the properly transferred or ita income; ............................................ [] []
c. retain a re,,~sionery interest; or .......................................................................................................................... [] []
d, reeaive the PrOmlea fer tile of either paymants, benefits or cere? ...................................................................... [] []
2, If death occurred after Be(ember 12, 1982, did decedent transfer property within one year of death
~meut receiving a~te ~o~-ad~a~? .............................................................................................................. [] []
3. Did deeade~t own an 'in trust for' or payable upon dea~ bank accoun or secudty at his or her death? ..............[] []
4. Did denede~t own an Irdi~duet Retlremem Acueunt, annul{y, or other non-probate pmper{y wflich
contains a benefldery dasignation? ........................................................................................................................ [] []
IF THE ANSWER TO ANY OF THE ANOVE OUESTIONS IS YES, YOU MUST COYPLETE SCHEDULE $ AND FILE IT AS PART OF THE RETURN.
1 ~2 Spring Farm Circle, Carlisle, PA 17013
ESENfA'IWE ~ DATE~
10~S. Hanover St., ~C~riisle,)PA 17013
For daJes of desth on or after July 1, 1994 and bef~3m Januaw 1, ,995, the lex rate imposed on the net velue of tmesfem io or for me u~ of lhe surdving spouse is 3%
~ RS. §9~6 (a) (t~) (~].
For dates of death on or a~r Janua~ 1, 1995, the tax rate [mpoesd m the net value of transfers to or thr the use of lhe sui'vMng spouse Js 0% [72 RS. §911§ (a) (1.1) (ii)].
~e stelute ~ a Imnsf'er tea surviving spouse lmm tax, and mehe stalu~ry requiramenis fer disclosure of asseis and f~ling a tax return are still applicable even if
For d-'~t*s of daath an or al~- July '1, 2D00:
The lax rate imposed on the net value of I~tnsfers from a deceased ch~ b~nty-o~ yearn of age or ~Jnger at death to or for the use of a netural parser, an adoptive
or s stappamm of me ~ is 0% 172 RS. §9116(a)(1.2)].
The tax ~ ~ on the net value of fransf~s to or for me use of me daned~t's lil~ll benefldadas is 4.5%, except es nof~ in 72 RS. §9116(1.2) [72 RS. §91 t6(e)(1 )].
The ax rata impes~ ne me net val~ of transfers to or fo~ me use of me daesmmfs ~ is 12% [72 RS. §9116(a)(1.3)}. A siblthg is daftned, under Sect~ 9102, as an
individual who has at least one parant in common with the decedent, wlnether by bJued or adoption.
REV-1503 EX+ (6-98)
ESTATE OF
Evelyn B. Rovegno
SCHEDULE B
STOCKS & BONDS
FILE NUMBER
21-04-0605
AB ~ Jolntly,~med with r~tt of su~lvomhlp must be disd, o~d on 5ch~dute F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. See Attached Continuation Statement
215,756.40
TOTAL (Nso enter on line 2, Recapitulation) $ 215,756.40
(If m~e space is needed, inse~t addif~ sheets of the sarne size)
LEGG F~%SON WOOD WALKER, INC.
ESTATE TAX SECURITIES VALUATION
~AME OF ESTATE: EVELYN B ROVEGNO
SHA~S/ PRICE SIGS/ LOW/ ~ SECURITY ACCRUED
PAR VALUE DESCRIPTION DATE ASK BID
PRICE VALUE DIV/INT
441.747 LEGG MASON VALUE TR 11/5/03 54.620 54.620 54.620 $ 24,128.22 $
CUSIP: 524659109
1,362 M&T BANK 11/5/03 96.310 95.290 95.800 130,479.60
CUSIP: 55261Fl104
233.8626 PPL CORP 11/5/03 40.350 39.930
CUSIP: 69351T106
5,000 PROVIDENT BK 6.7% 11/5/03 100.187 100.187
DUE 11/24/03
CUSIP: 743838MU5
10,000 NATION;iL PEP BK 11/5/03 100.020 100.020
DUE 12/19/03
CUSIP: 63736QCR0
5,000 MBNA AMER BK 6.75% 11/5/03 103.989 103.989
DUE 11/22/04
CUSIP: 55264DNR3
10,000 ORION BK 2.40% 11/5/03 100.518 100.518
DUE 12/13/04
CUSIP: 68626TAE7
40.140 9,387.24
100.187 5,009.35 153.27
100.020 10,002.00 167.10
103.989 5,199.45 154.42
100.518 10,051.80 95.34
5,000 CROSS CTRY BK 4.75% 11/5/03 104.391 104.391
DUE 11/28/05
CUSIP: 227482GH3 {
10,000 DISCOVER BK 3.00% 1~/5/03 100.872 100.872
DUE 12/12/05
CUSIP: 25467BX60
5,000 CROSS CTRY 5.10% 11/5/03 105.676 105.676
DUE 11/28/06
CUSIP: 227482GE0
104.391 5,219.55 104.76
100.872 10,087.20 120.82
105.676 5,283.80 112.48
SECURITIES TOTAL
TOTAL VALUE
$214,848.21 $ 908.19
$ 215,756.40
E~¥A~ ~: OF
Evelyn B. Rovegno
SCHEDULE E
FILE NUMBER
21-04-0605
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property ,telntl~ with right of Sun~lvomhlp must be disclosed on Schedule F.
iTEM
NUMBER
VALUE AT DATE
DESCRIPTION OF DEATH
Legg Mason Account - Cash
Accrued Interest on #1
GE Capital Assurance Refund of Premium
23,616.97
1.79
872.34
TOTAL (Nso enter on line 5, Recapitulatien) $ 24,491.10
(if more space is needed, insert additional sheets of the same size)
LAST WILL AND TESTAMENT
OF
EVELYN B. ROVEGNO
I, EVELYN B. ROVEGNO, of Cumberland County, Pennsylvania, do
make, publish and declare this as and for my Last Will and
Testament, hereby expressly revoking all wills and codicils made by
me heretofore, and dispose of my estate as follows:
ITEM 1: I direct the paYment of my just debts and funeral
expenses, including a suitable and proper grave marker, as soon as
conveniently can be done following my decease.
ITEM 2: I direct that all State and Federal Transfer
Inheritance Tax, Estate Tax, Succession Tax or any other tax,
including any interest, assessments or penalties thereon, that may
become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or
in any other manner, shall be paid from my residuary estate, just
as if such taxes were my debts, and no beneficiary shall be
required to pay or refund any part thereof.
ITEM 3: The articles of household use in the home of my
husband, LAWTON C. ROVEGNO, and myself are owned by the two of us
as tenants by the entirety, and I therefore make no disposition of
the same because upon my death, he will be the sole owner thereof
by operation of law, if he survives me. Should my husband, LAWTON
C. R0VEGNO, fail to survive me, then I give and bequeath certain
items of such articles of household use in our home unto those
persons who are named in a memorandum which can be found with this,
my Last Will and Testament. The remaining articles of household
use not set forth in my memorandum, or all of such articles if
there is no memorandum found with this, my Last Will and Testament,
I give and bequeath unto my surviving children as they may
determine. If such property cannot be selected hereunder by
agreement of the parties involved, my Executor hereinafter named,
in Executor's sole judgement, may divide the same among those
involved; any remaining undivided and undistributed pursuant
hereto, shall pass into the residue of my estate.
ITEM 4: My tangible personal property (excluding money,
securities and the like) and my motor vehicles, together with all
insurance relating thereto, I give and bequeath unto my husband,
LAWTON C. ROVEGNO, if he survives me. Should my husband fail to
survive me, then I give and bequeath certain items of such tangible
personal property unto those persons who are named in a memorandum
which can be found with this, my Last Will and Testament. The
remaining tangible personal property not set forth in my
memorandum, or all of such tangible personal property if there is
no memorandum found with this, my Last Will and Testament, I give
and bequeath unto my surviving children as they may determine. If
such property cannot be selected hereunder by agreement of the
parties involved, my Executor hereinafter named, in the Executor's
sole judgement, may divide the same among those involved; any
remainln undivided and undistributed pur uan hcr 01
into the residue of my estate.
ITEM 5: I give to my husband, LAWTON C. ROVEGNO, if he
survives me, the largest amount of the assets not distributable
under the foregoing provisions which can qualify as a marital
deduction in my estate, reduced by an amount, if any, needed to
increase my taxable estate so that the federal estate tax as
finally determined will equal the unified credit and state death
tax credit (other than for state death taxes designed to pick up
the credit under Internal Revenue Code §2011) available against
such tax. This legacy shall be satisfied only with assets which
qualify for the marital deduction, valued at the date of
distribution, and which, to the extent other assets are available,
shall not include assets for which a foreign death tax credit is
available.
ITEM 6:
of whatsoever nature and wheresoever situate,
bequeath unto my husband, LAWTON C. ROVEGNO,
ROVEGNO, IN TRUST. My Trustees shall hold
principal and income of this trust in accordance with the following
instructions:
Ail of the rest, residue and remainder of my estate
I give, devise and
and to RICHARD L.
and distribute the
A. If my husband survives me, my Trustees shall pay
all the income from the trust to him or for his benefit
in monthly installments. In addition, my Trustees shall
distribute so much of the principal of the trust to or
for the benefit of my husband as my Trustee, RICHARD L.
ROVEGNO, or his successor, shall deem necessary for his
3
health, maintenance and support.
B. Upon the death of my husband, or if my husband
does not survive me, my Trustees shall distribute the
trust estate in equal shares to my sons, RICHARD L.
ROVEGNO and JOHN S. ROVEGNO. If a son does not survive
me but leaves issue who survive me, my deceased son's
share shall be distributed to his issue, per stirpes,
subject to the provisions of ITEM 7. If a son does not
survive me and does not leave issue who survive me, my
deceased son's share shall be distributed to my issue,
per stirpes.
ITEM 7: I further direct, anything hereinbefore to the
contrary notwithstanding, that in the event any or all of the
distribution of my estate (except as provided in Items 3 and 4
above) be to a beneficiary or beneficiaries, other than my sons,
while he, she or they are still under the age of thirty (30) years,
that distribution of the share of each such beneficiary be instead
to my Trustees to be held by them in a separate and distinct trust
for each such beneficiary for the following purposes:
A. My Trustees shall accumulate the net income
earned on each trust and shall add the same to the corpus
until the beneficiary of said trust has reached the age
of twenty-one (21) years. Thereafter, the Trustees shall
distribute the ntt ia¢0mc c rnc on
beneficiary of that trust in regular installments, and at
4
least quarter-annually.
B. In the sole and uncontrolled discretion of my
Trustees, they may utilize both the income and/or
principal of each trust for the health, maintenance,
education and support of the beneficiary of that trust.
It is my desire, but not my direction, that my Trustees
encourage any and all of the beneficiaries of the trusts
created by this Will to further their education along
those lines which interest each beneficiary and provide
for higher education (college, professional, technical or
any other forms of higher education) of any or all of my
beneficiaries, up to the extent or limit of principal and
income of the trust of which he or she is a beneficiary.
C. My Trustees may pay over from time to time such
of the principal of the beneficiary's trust as he or she
may request in writing, provided the intended use is for
a purpose which the Trustees believe will promote his or
her welfare, such as the purchase of a home, establishing
a business or profession, etc.
D. My Trustees shall make expenditures for any
beneficiaries without the intervention of a guardian.
E. My Trustees may pay the reasonable burial
expenses, including a suitable and proper grave marker,
for the beneficiary of any trust which has not been
5
terminated by previous distribution, and if my Trustees,
in the exercise of their sole discretion, choose to pay
the same, they shall charge the expense thereof against
the trust of that beneficiary.
F. The beneficiary of each such trust shall have
the right to withdraw in one or more installments up to
one-third (1/3) of the market value of the principal of
his or her trust after attaining the age of twenty-four
(24) years and prior to attaining the age of twenty-seven
(27) years. And the beneficiary of each such trust shall
have the right to withdraw in one or more installments up
to one-half (1/2) of the balance of the market value of
the principal of his or her trust, after attaining the
age of twenty-seven (27) years and prior to attaining the
age of thirty (30) years. And the beneficiary of each
such trust shall have the right to withdraw in one or
more installments the balance of his or her trust after
attaining the age of thirty (30) years. The market value
of the principal shall be determined by my Trustees when
the beneficiary, upon reaching each of the permitted ages
for withdrawals, makes the first withdrawal for the age
category.
G. In the event any beneficiary or beneficiaries
subject to the provisions, of this Item die prior to
having received full distribution of his or her trust,
leaving issue surviving, my Trustees shall divide the
balance then remaining in the deceased beneficiary's
trust into as many equal shares as the deceased
beneficiary leaves issue surviving and shall hold each
portion, so divided, in a separate and distinct trust for
each such issue under the same terms and conditions as my
Trustees held the trust of the deceased beneficiary which
was divided pursuant to this provision.
H. In the event any beneficiary or beneficiaries
subject to the provisions of this Item dies prior to
having received full distribution of his or her trust,
without leaving issue surviving, the balance of his or
her trust shall go first to the surviving brothers and
sisters of said beneficiary and to the surviving issue of
any deceased brothers and sisters of said beneficiary,
per stirpes; and in the event said beneficiary leaves
none of the aforesaid surviving, second, to my then
living children and to the then living issue of any of my
deceased children, per stirpes. The share of the
recipient shall be added to the trust already existing
for said recipient and shall be administered and/or
distributed in accordance with its terms, providing,
however, that if such trust has already been terminated
by prior distribution, then said shares shall be
already exists for any such recipient who is under the
age of twenty-one (21) years, the share of such recipient
shall be held in trust, administered and distributed by
the Trustees herein named and in the manner herein
provided for beneficiaries of trusts.
I. And in the event there are no beneficiaries who
qualify under the provisions of the previous paragraph by
representation or otherwise, then all balances remaining
shall be distributed as follows:
1. One-half (1/2) unto my heirs-at-law
as then determined under the Intestate Laws of
the Commonwealth of Pennsylvania then in
effect; and
2. One-half (1/2) unto my husband's
heirs-at-law as then determined under the
Intestate Laws of the Commonwealth of
Pennsylvania then in effect.
ITEM 8: Should my husband, my sons and the issue of my sons
all fail to survive me, then and in that event, I give, devise and
bequeath all the rest, residue and remainder of my estate of
whatsoever nature and wheresoever situate, as follows:
A. One-half (1/2) unto my heirs-at-law as then
determined under the Intestate Laws of the Commonwealth
of P nneylvania then in effect; and
'8
B. One-half (1/2) unto my husband's heirs-at-law as
then determined under the Intestate Laws of the
Commonwealth of Pennsylvania then in effect.
ITEM 9: In the administration of my estate and the trusts
herein created, my Executor and Trustees shall have the following
powers without leave of court in'addition to, but not in limitation
of, the powers granted by law to the Executors and Trustees of
estates and trusts, which powers shall continue after the
termination of my estate and the trust or trusts provided for
herein until actual distribution of the assets:
A. To receive in the estate and to receive and
retain in the trusts any assets, real or personal, to
which I may be entitled at the time of my death, which my
Executor or Trustees may deem for the best interest of
the estate or trusts without being required to convert
said assets into so-called "legal investments,,.
B. To invest and reinvest in such securities as a
prudent man of intelligence and discretion would buy for
himself for investment, and not for speculation, giving
due regard to the safety of the principal and the
adequacy of the income, and without being limited to the
so-called "legal investments,, of the Commonwealth of
Pennsylvania, said investment authority to include the
right to inwgt in any Digcr tionar¥ or be fll C0 0n
Trust Fund that may be administered and managed by a
9
Corporate Executor or Corporate Trustee.
C. To sell or buy real estate without Court order
at public or private sale; to make, execute and deliver
or receive good and sufficient deeds of conveyance and
give or receive good title therefor; to reinvest the
proceeds as if they had originated in personal property;
to mortgage or encumber any real estate held in trust, or
comprising part of my estate, borrowing the necessary
funds from any source; to improve any property or
otherwise expend principal funds for the upkeep and
welfare of any properties; to release, vacate and abandon
the same; to grant and acquire licenses and easements
with respect thereto; to make improvements to or upon the
same; and in general to do all things necessary in the
management of the properties as if they are the owners
thereof, including the right to let property and to make
leases for any term including beyond the terms of the
trusts. The purchaser shall not be required to see to
the proper application of proceeds but may pay the same
over to the Executor or Trustees selling the same.
D. To make distribution hereunder in cash or of
property and securities in kind at fair market value at
the time of such distribution and in such a manner as to
be fair, equitable and just to all concerned.
Income accrued on any property received by my
10
Trustees either at the inception of the trust or as an
addition thereto shall be treated as income and not as
principal. Upon the death of any beneficiary of income,
any undistributed income in the hands of my Trustees held
for such beneficiary at the time of his or her death
shall be paid to the person or persons for whose benefit
the principal producing such income is continued in trust
or to whom it is distributed under the terms of this
will.
F. To exercise any election or privilege given by
the federal and other tax laws, including but not limited
to, the consent on gift tax returns to have any gift made
by my spouse considered as made in part by me for gift
tax purposes, the filing of joint income tax returns, the
payment of any portion of income or gift tax due under
such returns, the election of the alternate valuation for
federal estate tax purposes, the election to claim
deductions for federal estate tax or for federal income
tax purposes, and the election of the method of payment
of pension, profit-sharing, HR-10, individual retirement
account, and any other similar benefits. In addition, my
fiduciaries, in their sole discretion, may make or not
make equitable adjustment among the beneficiaries,
without the consent of the beneficiaries, for the
x rcise or non-exercise of any election or privilcgc ,
In particular, the Executor is authorized:
11
i. To allocate any of my exemption from
the Federal Generation Skipping Transfer Tax
provided in Section 2631 of the Internal
Revenue Code of 1986, as amended (the "Code"),
which is available at the time of my death to
any property as to which I am deemed to be the
transferor
2652(a) of
transferred
not make
under the provisions of Section
the Code, including any property
during my life as to which I did
an allocation prior to my death.
ii. Property may be subject to
allocation under Subparagraph i of this ITEM
9F. whether or not it is included in my
probate estate. All allocations under
Subparagraph i of this ITEM 9F. shall be in
the sole discretion of my Executor, who shall
have the power to omit any such property from
any such allocation. Any decision made by my
Executor shall be binding on all persons.
G. In Executor,s and/or Trustees, sole discretion,
Executor and/or Trustees may continue to. operate any
business or businesses which I may own or in which I may
have an interest~ whether as sole owner or as partner or
as shareholder for such period or periods as Executor
and/or Trustees, in Executor's and/or Trustees, sole
12
discretion, may consider the same advisable, including
the right to delegate discretionary powers to any manager
or employee, without any responsibility or liability to
my estate or Trustees, heirs, legatees, devisees or
remaindermen for errors in judgment during the operation
thereof by virtue of the authority granted Executor
and/or Trustees under the provisions hereof. In the
operation of said business or businesses, Executor and/or
Trustees, in Executor's and/or Trustees' sole discretion,
may continue to operate such business or businesses the
same as I have done prior to my death or may expand or
contract said business, including the right to merge said
business, by itself or jointly with others, as Executor
and/or Trustees may then find advisable, in Executor's
and/or Trustees' sole discretion, under the then business
conditions. This authorization is intended to be
construed broadly so as not to hamper all business
decisions in connection therewith, it being my intention
to authorize my Executor and/or Trustees to do and take
whatever steps are necessary in the conduct of said
business or businesses.
ITEM 10: No assignment or order by any beneficiary by way of
anticipation of any of the principal or income of the trusts herein
created shall be valid; but the income and principal shall be paid
directly to the b n ficiaries entitled to receive it, the
income and principal shall not be subject to attachment, execution,
13
levy, sequestration, hypothecation, garnishment or other process
while in the hands of my Trustees.
ITEM 11: If, for any reason, a guardian over the estate of a
beneficiary or beneficiaries is needed or required, my Trustees
shall be the guardians of the estate of such beneficiary or
beneficiaries, with the same rights, powers, privileges, duties and
responsibilities as I have given to them as Trustees.
ITEM 12: Ail references in my Will to son, children and issue
shall include those born or adopted, either before or after the
date of my Will. Adopted persons shall be considered as children
of their adoptive parents, and they and their descendants shall be
considered as issue of their adoptive parents, regardless of the
date of the adoption.
ITEM 13: I nominate, constitute and appoint my husband,
LAWTON Co ROVEGNO, to be the sole Executor of this, my Last Will
and Testament. If my husband is unable or unwilling to serve as
Executor, I appoint my son, RICHARD L. ROVEGNO, to be the sole
Executor. No Executor or Trustee shall be required to give bond.
ITEM 14: If my husband, LAWTON C. ROVEGNO, is unable or
unwilling to serve as a Trustee, my son, RICHARD L. ROVEGNO, shall
serve as sole Trustee in his place. If my son, RICHARD L. ROVEGNO,
is unable or unwilling to serve as a Trustee, JOHN C. OSZUSTOWICZ,
ESQUIRE shall serve as a Trustee.
ITEM 15: Wherever the context requires, the masculine gender
14
shall include the feminine and neuter gender, and vice versa, and
the singular shall include the plural, and vice versa.
IN WITNESS WHEREOF,
J/~day of ~
have hereunto set my hand and seal this
1996.
EVELYN~B. ROVE~NO (J
Signed, sealed, published, acknowledged and declared by the
above-named Testatrix, EVELYN B. ROVEGNO, 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 hereunto
subscribed our names as witnesses thereto.
15
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, EVELYN B. ROVEGNO,
instrument, having been
acknowledge that
and voluntary act
Sworn to or affirmed and
acknowledged before me by
EVELYN B. ROVEGNO, the
Testatrix, who signed the foregoing
duly qualified according to law,
I signed and executed the instrument as my free
for the purposes therein contained.
EVELYN B. ROVEG~o
Testa~trix, this ~ day of
r~.~ , 1996. :
~ COMMONWEAL~TH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
We, the .undersigned witnesses .who signed the foregoing
instrument, being duly qualified accordl.ng to. law, depose and say
.that we were present and saw Testatrix
_l.n._str.ume~nt. as her Last Will and Testa .... .si.g? and exe. cute the
~x~cu~eG it willin,lv as ~-- ~ ,,,=A~U, ~nat she SiGned a~
purposes therein e~eo~^~.~=~ ~.ree and voluntary act ~for
hearing si~ned +~-- ~'~ ~o=u, .~nat each of us in her ~h+
e~ ~ .._y _~i= --~aa as witnesses; tha~ ~-~ .... --~'~ anu
.... ~ us, anG that to the best o~ 2,,~ ~_~ .~-~u~urlx is known to
- ~-~ ~ow~eGge and observation
the Testatrix was at the time of sound mind and under no constraint
or undue influence.
Sworn to or affirmed and subscribed~ ~~~
to before~e by ~/~ ~.
and '~6~ c. ~4~ (L witnesses,
this ~ day of _ ~ ~- , 1996.
I.
BUREAU OF ZNDTVZDUAL TAXES
ZNHERTTANCE TAX DTVTSZON
DEPT. 280601
HARRTSBURG, PA 17128-0601
TRI.C1'.A D N~LOR
10¢ S:/HANOI~E.R ST ~!
CARLISLE ? . '~ 17015
CONNONHEALTH OF PENNSYLVANZA
DEPARTHENT OF REVENUE
NOTZCE OF ZNHERZTANCE TAX
APPRAZSEHENT, ALLONANCE OR DZSALLOHANCE
OF DEDUCTZONS AND ASSESSHENT OF TAX
DATE 09-Z7-ZOOq
ESTATE OF ROVEGNO
DATE OF DEATH 11-06-2005
FZLE NUNBER 21 0q-0605
COUNTY CUHBERLAND
ACN 101
I Amount Remitted
REV-Z;47 EX AFP (01-03)
EVELYN
HAKE CHECK PAYABLE AND RENZT PAYHENT TO:
REGISTER OF WILLS
CUHBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THZS LZNE ~ RETAZN LOHER PORTZON FOR YOUR RECORDS ~
REV-1547 EX AFP (01-03) NOTZCE OF ZNHERZTANCE TAX APPRAZSENENT, ALLO#ANCE OR DZSALLO#ANCE OF DEDUCTZONS AND ASSESSNENT OF TAX
ESTATE OF ROVEGNO EVELYN B FZLE NO. 21 0q-0605 ACN 101 DATE 09-27-200q
TAX RETURN NAS: ( ) ACCEPTED AS FZLED (X) CHANGED SEE ATTACHED NOTICE
RESERVATZON CONCERNZNG FUTURE ZNTEREST - SEE REVERSE
APPRAZSED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Rem1 Estate (Schedule A) (1)
2. Stocks mhd Bonds (Schedule B) (2)
3. Closely Held Stock/Partnership Znterest (Schedule C) (3)
fi. Hortgages/Notes Receivable (Schedule D) (~)
E. Cash/Bank Deposits/Nisc. Personal Property (Schedule E) (5)
6. Jointly Owned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
APPROVED DEDUCTZONS AND EXENPTZONS:
9. Funeral Expenses/Adm. Costs/Hisc. Expenses (Schedule H) (9)
10. Debts/Hortgmga L/abilities/Liens (Schedule I) (10)
11. Total Deductions
12. Nat Value of Tax Return
1S.
lq.
Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J)
Nat Value of Estate Subject to Tax
.00
215~756.~0
.00
.00
Zqzq91.10
.00
.00
(8)
.00
.00
(11)
(12)
(15)
(1~)
NOTE:
Zf an assessment was issued previously, lines 14, 15 and/or 16, 17,
re~lect ~igures that lnclude the total of ALL returns assessed to date.
ASSESSNENT OF TAX:
15. Amount of Line 1~ at Spousal rate
16. Amount of Line 1~ taxable at Lineal/Class A rate
17. Amount of Line 1~ at Sibling rate
18. Amount of Line 1~ taxable at Collateral/Class B rata
19. Principal Tax Due
TAX CREDZTS:
PAYHENT RECEZPT DzsCOUNT
DATE NUHBER ZNTEREST/PEN PAID (-)
NOTE: To insure proper
credit to your account,
submlt the upper portion
of this form with your
tax payment.
Z~O,Z~7.50
ZF PAID AFTER DATE ZNDZCATED, SEE REVERSE
FOR CALCULATZON OF ADDZTZONAL INTEREST.
.oo
Z~0,2~7.50
Zq0,2~7.50
.00
18 and 19 will
(15) .00 X O0 = .00
(16) .00 X 0~5 = .00
(17) . O0 x 12 = . O0
(18) . O0 x 15 = .00
(19)= . O0
AHOUNT pATD
TOTAL TAX CREDZT
BALANCE OF TAX DUE
ZNTEREST AND PEN.
TOTAL DUE
.00
.00
.00
.00
( ZF TOTAL DUE ZS LESS THAN $1, NO PAYHENT IS RE~UZRED.
ZF TOTAL DUE ZS REFLECTED AS A "CREDZT" (CR), YOU HAY DE DUE
A REFUND. SEE REVERSE SZDE OF THZS FORN FOR ZNSTRUCTZONS.)
RESERVATION:
Estates of decedents dying on or before December 11, 1981 -- if any future interest in the estate is transferred
in possession or enjoyment to Class S (collateral) beneficiaries of the decedent after the expiration of any estate for
life or for years, the Cammonmaalth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
PURPOSE OF
NOT[CE:
PAYMENT:
REFUND (CR):
OBJECTIONS:
ADMIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 13 of ZOO0. (72 P.S.
Section 9140).
Detach the top portion of this Notice and submit with your payment to the Register of Nills printed on the reverse side.
--Make check or money order payable to: REGISTER OF NILLS, AGENT
A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications era available at the Office
of the Register of RiIls, any of the 25 Revenue District Offices, or by calling the special Zq-hour
answering service for forms ordering: 1-800-$6Z-ZOSO; services for taxpayers with special hearing and / or
speaking needs: 1-800-447-5020 (TT only).
Any party in interest not satisfied with the appraisement, allomance, or disallowance of deductiens, ar assessment
of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. ZSIOZI, Harrisburg, PA 17128-10Z1, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17118-0601
Phone (717) 787-6505. Sea page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-1501) for an explanation of administratively correctable errors.
If any tax due is paid aithin three (3) calendar months after the dacadent's death, a five percent (Si) discount of
the tax paid is allowed.
The 1SZ tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the and of the tax amnesty period. This non-participation
penalty is appealable in tho same manner and in the the same tiaa period as you would appeal the tax and interest
that has been assessed as indicated on this notice.
lnterest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of
death, to the date of payment. Taxes which became delinquent before January 1, 198Z bear interest at the rate of
six (6Z) percent per annum calculated at a daily rate of .000164. All taxes ahich became delinquent on and after
January 1, 19BZ will bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 198Z through 2004 are:
Interest Daily Interest Daily Interest Daily
Year Rate Factor Year Rate Factor Year Rate Factor
~ ZOZ .00054B 1988-1991 11Z .000301 2001 9g .000247
1983 161 .000438 1992 91 .000Z47 ZOOZ 61 .000164
1984 11Z .000301 1993-1994 7Z .O0019Z 2003 SZ .000137
1985 131 .000356 1995-1998 92 .000247 2004 42 .000110
1986 lOX .000274 1999 7Z .OOO19Z
1987 lOX .000Z74 ZOO0 71 .000191
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NUHBER OF DAYS DELTNQUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days
beyond the date of the assessment. If payment is made after the interest computation date shown on the
Notice, additional interest must bm calculated.
REV-1470 EX (6-88)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
DECEDENT'S NAME
REVIEWED BY
ITEM
SCHEDULE NO.
INHERITANCE TAX
EXPLANATION
OF CHANGES
Evelyn B. Rovegno FILE NUMBER 2104-0605
Harry Herr ACN '~ 01
EXPLANATION OF CHANGES
The estate has deferred the tax on the trust for the benefit of the surviving spouse Lawton
C. Rovegno.
ROW Page 1
,
c:
;. ", \ 1
\1,.1
\: \ '3
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-04-0605
------------------------------------------------------------------------------
ESTATE OF EVELYN B. ROVEGNO, DECEASED
Late of Carlisle, PA
------------------------------------------------------------------------------
F AMIL Y SETTLEMENT AGREEMENT
RICHARD 1. ROVEGNO, EXECUTOR
Date of Death: November 6, 2003
Letters Granted: June 28, 2004
First Complete Advertisement of Grant of Letters: July 15, 2004
Jolm C. Oszustowicz, Esq.
104 South Hanover Street
Carlisle, P A 17013
(717) 243-7437
AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
TillS AGREEMENT, by and among Richard L. Rovegno Executor of the Estate of
Evelyn B. Rovegno Deceased, and Richard L. Rovegno and Lawton C. Rovegno, Trustees.
WHEREAS, Evelyn B. Rovegno died November 6, 2003, testate, a resident of
Cumberland County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Evelyn B. Rovegno dated May 31,1996, was
duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as
appears of record at Number 21-04-0605 (a copy of the Will is attached hereto and marked
Exln1>it A); and
WHEREAS, Letters Testamentary were issued to Richard L. Rovegno on June 28, 2004;
and
WHEREAS, said Executor has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in Item 4 of her Will, decedent directed Executor to disburse tangible
personal property and motor vehicles, together with all insurance and in Item 6 the rest, residue
and remainder of her estate of whatsoever nature and wheresoever situate to Lawton C. Rovegno,
and to Richard L. Rovegno, in trust; and
WHEREAS, Richard L. Rovegno and Lawton C. Rovegno have been furnished with a
complete listing of the estate assets, receipts and disbursements; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution ofthis
estate be accomplished without a formal accounting to the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, it being the desire ofthe parties to avoid the expense,
delay and publicity of a formal accounting.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
recited herein, the parties do agree as follows:
I. Beneficiary does hereby release and forever discharge Executor, from any and all liability
which he had or may have or which may from time to time arise in connection with his service
as Executor of the Estate of Evelyn B. Rovegno, Deceased, and hereby authorize and request
the Orphans' Court Division to charge the same against hisJits share of said estate, and in
consideration for said distribution, hereby agree to refund any amounts so distributed which
may be required to fully discharge any tax liability of the estate, debts ofthe decedent, or
administration expenses.
2. The parties to this Agreement acknowledge that this Agreement shall be indexed and recorded
in the estate proceedings and that the terms hereof shall be binding upon their respective heirs,
successors, executors, administrators and assigns.
This Agreement shall be governed by the laws ofthe Commonweahh of Pennsylvania.
day of
i1t
,2005.
('iY\\bit 1\
LAST WILL AND TESTAMENT
OF
EVELYN B. ROVEGNO
I, EVELYN B. ROVEGNO, of Cumberland County, Pennsylvania, do
make, publish and declare this as and for my Last Will and
Testament, hereby expressly revoking all wills and codicils made by
me heretofore, and dispose of my estate as follows:
ITEM I:
I direct the payment of my just debts and funeral
expenses, including a suitable and proper grave marker, as soon as
conveniently can be done following my decease.
ITEM 2:
I direct that all State and Federal Transfer
Inheritance Tax, Estate Tax, Succession Tax or any other tax,
including any interest, assessments or penalties thereon, that may
become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or
in any other manner, shall be paid from my residuary estate, just
as if such taxes were my debts, and no beneficiary shall be
required to payor refund any part thereof.
ITEM 3: The articles of household use in the home of my
husband, LAWTON C. ROVEGNO, and myself are owned by the two of us
as tenants by the entirety, and I therefore make no disposition of
the same because upon my death, he will be the sole owner thereof
by operation of law, if he survives me. Should my husband, LAWTON
C. ROVEGNO, fail to survive me, then I give and bequeath certain
items of such articles of household use in our home unto those
persons who are named in a memorandum which can be found with this,
my Last will and Testament. The remaining articles of household
use not set forth in my memorandum, or all of such articles if
there is no memorandum found with this, my Last will and Testament,
I give and bequeath unto my surviving children as they may
determine. If such property cannot be selected hereunder by
agreement of the parties involved, my Executor hereinafter named,
in Executor's sole judgement, may divide the same among those
involved; any remaining undivided and undistributed pursuant
hereto, shall pass into the residue of my estate.
ITEM 4: My tangible personal property (exc 1 uding money,
securities and the like) and my motor vehicles, together with all
insurance relating thereto, I give and bequeath unto my husband,
LAWTON C. ROVEGNO, if he survives me. Should my husband fail to
survive me, then I give and bequeath certain items of such tangible
personal property unto those persons who are named in a memorandum
which can be found with this, my Last will and Testament. The
remaining tangible personal property not set forth in my
memorandum, or all of such tangible personal property if there is
no memorandum found with this, my Last will and Testament, I give
and bequeath unto my surviving children as they may determine. If
such property cannot be selected hereunder by agreement of the
parties involved, my Executor hereinafter named, in the Executor's
sole judgement, may divide the same among those involved; any
remaining undivided and undistributed purBuant hereto, ohall pa~~
into the residue of my estate.
2
ITEM 5: I give to my husband, LAWTON C. ROVEGNO, if he
survives me, the largest amount of the assets not distributable
under the foregoing provisions which can qualify as a marital
deduction in my estate, reduced by an amount, if any, needed to
increase my taxable estate so that the federal estate tax as
finally determined will equal the unified credit and state death
tax credit (other than for state death taxes designed to pick up
the credit under Internal Revenue Code ~2011) available against
such tax. This legacy shall be satisfied only with assets which
qualify for the marital deduction, valued at the date of
distribution, and which, to the extent other assets are available,
shall not include assets for which a foreign death tax credit is
available.
ITEM 6: All of the rest, residue and remainder of my estate
of whatsoever nature and wheresoever situate, I give, devise and
bequeath unto my husband, LAWTON C. ROVEGNO, and to RICHARD L.
ROVEGNO, IN TRUST. My Trustees shall hold and distribute the
principal and income of this trust in accordance with the following
instructions:
A. If my husband survives me, my Trustees shall pay
all the income from the trust to him or for his benefit
in monthly installments. In addition, my Trustees shall
distribute so much of the principal of the trust to or
for the benefit of my husband as my Trustee, RICHARD L.
ROVEGNO, or his successor, shall deem necessary for his
3
health, maintenance and support.
B. Upon the death of my husband, or if my husband
does not survive me, my Trustees shall distribute the
trust estate in equal shares to my sons, RICHARD L.
ROVEGNO and JOHN S. ROVEGNO. If a son does not survive
me but leaves issue who survive me, my deceased son's
share shall be distributed to his issue, per stirpes,
subject to the provisions of ITEM 7. If a son does not
survive me and does not leave issue who survive me, my
deceased son's share shall be distributed to my issue,
per stirpes.
ITEM 7: I further direct, anything hereinbefore to the
contrary notwithstanding, that in the event any or all of the
distribution of my estate (except as provided in Items 3 and 4
above) be to a beneficiary or beneficiaries, other than my sons,
while he, she or they are still under the age of thirty (30) years,
that distribution of the share of each such beneficiary be instead
to my Trustees to be held by them in a separate and distinct trust
for each such beneficiary for the following purposes:
A. My Trustees shall accumulate the net income
earned on each trust and shall add the same to the corpus
until the beneficiary of said trust has reached the age
of twenty-one (21) years. Thereafter, the Trustees shall
distribute the net income earned on each trust to the
beneficiary of that trust in regular installments, and at
4
least quarter-annually.
B. In the sole and uncontrolled discretion of my
Trustees, they may utilize both the income and/or
principal of each trust for the health, maintenance,
education and support of the beneficiary of that trust.
It is my desire, but not my direction, that my Trustees
encourage any and all of the beneficiaries of the trusts
created by this will to further their education along
those lines which interest each beneficiary and provide
for higher education (college, professional, technical or
any other forms of higher education) of any or all of my
beneficiaries, up to the extent or limit of principal and
income of the trust of which he or she is a beneficiary.
c. My Trustees may pay over from time to time such
of the principal of the beneficiary's trust as he or she
may request in writing, provided the intended use is for
a purpose which the Trustees believe will promote his or
her welfare, such as the purchase of a home, establishing
a business or profession, etc.
D. My Trustees shall make expenditures for any
beneficiaries without the intervention of a guardian.
E. My Trustees may pay the reasonable burial
expenses, including a suitable and proper grave marker,
for the beneficiary of any trust which has not been
5
terminated by previous distribution, and if my Trustees,
in the exercise of their sole discretion, choose to pay
the same, they shall charge the expense thereof against
the trust of that beneficiary.
F. The beneficiary of each such trust shall have
the right to withdraw in one or more installments up to
one-third (1/3) of the market value of the principal of
his or her trust after attaining the age of twenty-four
(24) years and prior to attaining the age of twenty-seven
(27) years. And the beneficiary of each such trust shall
have the right to withdraw in one or more installments up
to one-half (1/2) of the balance of the market value of
the principal of his or her trust, after attaining the
age of twenty-seven (27) years and prior to attaining the
age of thirty (30) years. And the beneficiary of each
such trust shall have the right to withdraw in one or
more installments the balance of his or her trust after
attaining the age of thirty (30) years. The market value
of the principal shall be determined by my Trustees when
the beneficiary, upon reaching each of the permitted ages
for withdrawals, makes the first withdrawal for the age
category.
G. In the event any beneficiary or beneficiaries
subject to the provisions of this Item die prior to
having received full distribution of his or her trust,
6
leaving issue surviving, my Trustees shall divide the
balance then remaining in the deceased beneficiary's
trust into as many equal shares as the deceased
beneficiary leaves issue surviving and shall hold each
portion, so divided, in a separate and distinct trust for
each such issue under the same terms and conditions as my
Trustees held the trust of the deceased beneficiary which
was divided pursuant to this provision.
H. In the event any beneficiary or beneficiaries
subject to the provisions of this Item dies prior to
having received full distribution of his or her trust,
without leaving issue surviving, the balance of his or
her trust shall go first to the surviving brothers and
sisters of said beneficiary and to the surviving issue of
any deceased brothers and sisters of said beneficiary,
per stirpes; and in the event said beneficiary leaves
none of the aforesaid surviving, second, to my then
living children and to the then living issue of any of my
deceased children, per stirpes. The share of the
recipient shall be added to the trust already existing
for said recipient and shall be administered and/or
distributed in accordance with its terms, providing,
however, that if such trust has already been terminated
by prior distribution, then said shares shall be
distributed outright to such recipient8. And if no truBt
already exists for any such recipient who is under the
7
age of twenty-one (21) years, the share of such recipient
shall be held in trust, administered and distributed by
the Trustees herein named and in the manner herein
provided for beneficiaries of trusts.
I. And in the event there are no beneficiaries who
qualify under the provisions of the previous paragraph by
representation or otherwise, then all balances remaining
shall be distributed as follows:
1. One-half (1/2) unto my heirs-at-law
as then determined under the Intestate Laws of
the Commonwealth of Pennsylvania then in
effect; and
2. One-half (1/2) unto my husband's
heirs-at-law as then determined under the
Intestate Laws of the Commonwealth of
Pennsylvania then in effect.
ITEM 8: Should my husband, my sons and the issue of my sons
all fail to survive me, then and in that event, I give, devise and
bequeath all the rest, residue and remainder of my estate of
whatsoever nature and wheresoever situate, as follows:
A. One-half (1/2) unto my heirs-at-law as then
determined under the Intestate Laws of the Commonwealth
of Pennsylvania then in effect; and
8
B. One-half (1/2) unto my husband's heirs-at-Iaw as
then determined under the Intestate Laws of the
Commonwealth of pennsylvania then in effect.
ITEM 9: In the administration of my estate and the trusts
herein created, my Executor and Trustees shall have the following
powers without leave of court in addition to, but not in limitation
of, the powers granted by law to the Executors and Trustees of
estates and trusts, which powers shall continue after the
termination of my estate and the trust or trusts provided for
herein until actual distribution of the assets:
A. To receive in the estate and to receive and
retain in the trusts any assets, real or personal, to
which I may be entitled at the time of my death, which my
Executor or Trustees may deem for the best interest of
the estate or trusts without being required to convert
said assets into so-called "legal investments".
B. To invest and reinvest in such securities as a
prudent man of intelligence and discretion would buy for
himself for investment, and not for speculation, giving
due regard to the safety of the principal and the
adequacy of the income, and without being limited to the
so-called "legal investments" of the Commonwealth of
Pennsylvania, said investment authority to include the
right to invest in any Discretionary or Legal Common
Trust Fund that may be administered and managed by a
9
Corporate Executor or Corporate Trustee.
C. To sell or buy real estate without Court order
at public or private sale; to make, execute and deliver
or receive good and sufficient deeds of conveyance and
gi ve or receive good title therefor; to reinvest the
proceeds as if they had originated in personal property;
to mortgage or encumber any real estate held in trust, or
comprising part of my estate, borrowing the necessary
funds from any source; to improve any property or
otherwise expend principal funds for the upkeep and
welfare of any properties; to release, vacate and abandon
the same; to grant and acquire licenses and easements
with respect thereto; to make improvements to or upon the
same; and in general to do all things necessary in the
management of the properties as if they are the owners
thereof, including the right to let property and to make
leases for any term including beyond the terms of the
trusts. The purchaser shall not be required to see to
the proper application of proceeds but may pay the same
over to the Executor or Trustees selling the same.
D. To make distribution hereunder in cash or of
property and securities in kind at fair market value at
the time of such distribution and in such a manner as to
be fair, equitable and just to all concerned.
E. Income accrued on any property received by my
10
Trustees either at the inception of the trust or as an
addition thereto shall be treated as income and not as
principal. Upon the death of any beneficiary of income,
any undistributed income in the hands of my Trustees held
for such beneficiary at the time of his or her death
shall be paid to the person or persons for whose benefit
the principal producing such income is continued in trust
or to whom it is distributed under the terms of this
will.
F. To exercise any election or privilege given by
the federal and other tax laws, including but not limited
to, the consent on gift tax returns to have any gift made
by my spouse considered as made in part by me for gift
tax purposes, the filing of joint income tax returns, the
payment of any portion of income or gift tax due under
such returns, the election of the alternate valuation for
federal estate tax purposes, the election to claim
deductions for federal estate tax or for federal income
tax purposes, and the election of the method of payment
of pension, profit-Sharing, HR-I0, individual retirement
account, and any other similar benefits. In addition, my
fiduciaries, in their sole discretion, may make or not
make equitable adjustment among the beneficiaries,
without the consent of the beneficiaries, for the
exercise or non-exercise of any election or privilegeG.
In particular, the Executor is authorized:
11
i. To allocate any of my exemption from
the Federal Generation Skipping Transfer Tax
provided in Section 2631 of the Internal
Revenue Code of 1986, as amended (the "Code"),
which is available at the time of my death to
any property as to which I am deemed to be the
transferor under the provisions of Section
2652(a) of the Code, including any property
transferred during my life as to which I did
not make an allocation prior to my death.
ii. Property may be subject to
allocation under Subparagraph i of this ITEM
9F. whether or not it is included in my
probate estate. All allocations under
Subparagraph i of this ITEM 9F. shall be in
the sole discretion of my Executor, who shall
have the power to omit any such property from
any such allocation. Any decision made by my
Executor shall be binding on all persons.
G. In Executor's and/or Trustees' sole discretion,
Executor and/or Trustees may continue to. operate any
business or businesses which I may own or in which I may
have an interest, whether as sole owner or as partner or
as shareholder for such period or periods as Executor
and/or Trustees, in Executor's and/or Trustees' sole
12
discretion, may consider the same advisable, including
the right to delegate discretionary powers to any manager
or employee, without any responsibility or liability to
my estate or Trustees, heirs, legatees, devisees or
remaindermen for errors in judgment during the operation
thereof by virtue of the authority granted Executor
and/or Trustees under the provisions hereof. In the
operation of said business or businesses, Executor and/or
Trustees, in Executor's and/or Trustees' sole discretion,
may continue to operate such business or businesses the
same as I have done prior to my death or may expand or
contract said business, including the right to merge said
business, by itself or jointly with others, as Executor
and/or Trustees may then find advisable, in Executor's
and/or Trustees' sole discretion, under the then business
conditions. This authorization is intended to be
construed broadly so as not to hamper all business
decisions in connection therewith, it being my intention
to authorize my Executor and/or Trustees to do and take
whatever steps are necessary in the conduct of said
business or businesses.
ITEM 10: No assignment or order by any beneficiary by way of
anticipation of any of the principal or income of the trusts herein
created shall be valid; but the income and principal shall be paid
directly to the beneficiaries entitled to receive it, and the
income and principal shall not be subject to attachment, execution,
13
levy, sequestration, hypothecation, garnishment or other process
while in the hands of my Trustees.
ITEM 11: If, for any reason, a guardian over the estate of a
beneficiary or beneficiaries is needed or required, my Trustees
shall be the guardians of the estate of such beneficiary or
beneficiaries, with the same rights, powers, privileges, duties and
responsibilities as I have given to them as Trustees.
ITEM 12: All references in my will to son, children and issue
shall include those born or adopted, either before or after the
date of my will. Adopted persons shall be considered as children
of their adoptive parents, and they and their descendants shall be
considered as issue of their adoptive parents, regardless of the
date of the adoption.
ITEM 13: I nominate, constitute and appoint my husband,
LAWTON C. ROVEGNO, to be the sole Executor of this, my Last will
and Testament. If my husband is unable or unwilling to serve as
Executor, I appoint my son, RICHARD L. ROVEGNO, to be the sole
Executor. No Executor or Trustee shall be required to give bond.
ITEM 14: If my husband, LAWTON C. ROVEGNO, is unable or
unwilling to serve as a Trustee, my son, RICHARD L. ROVEGNO, shall
serve as sole Trustee in his place. If my son, RICHARD L. ROVEGNO,
is unable or unwilling to serve as a Trustee, JOHN C. OSZUSTOWICZ,
ESQUIRE shall serve as a Trustee.
ITEM 15: Wherever the context requires, the masculine gender
14
'. .
shall include the feminine and neuter gender, and vice versa, and
the singular shall include the plural, and vice versa.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
-J / 5T day of mAY
, 1996.
~ ~--
Cw -~:> i
EVELYN B~OVE~r
Signed, sealed, published, acknowledged and declared by the
above-named Testatrix, EVELYN B. ROVEGNO, 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 hereunto
subscribed our names as witnesses thereto.
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15
'. .
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, EVELYN B. ROVEGNO, Testatrix, who signed the foregoing
instrument, having been duly qualified according to law,
acknowledge that I signed and executed the instrument as my free
and voluntary act for the purposes therein contained.
'I
'-
Sworn to or affirmed and
acknowledged before me by
EVELYN B. ROVEGNO, the
Testatrix, this .'5 I Sf day of
lniL1 ' 1996. IllIIMIAlU
_"IlI:CMIUY.l101'ARY fItJBllC
II - - CARUSIf IlOIlO.. CUMIlERl.AND CO PA
11-, 'rlV\ I.fv c Lft,--,-,G~- MY COMMISSION EXPIR~S OCT 26,1998
N t Y Pu~lic
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF CUMBERLAND
We, the undersigned witnesses who signed the foregoing
instrument, being duly qualified according to law, depose and say
that we were present and saw Testatrix sign and execute the
instrument as her Last will and Testament; that she signed and
executed it willingly as her free and voluntary act for the
purposes therein expressed; that each of us in her sight and
hearing signed the will as witnesses; that Testatrix is known to
each of us; and that to the best of our knowledge and observation
the Testatrix was at the time of sound mind and under no constraint
or undue influence.
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No
, . NOTARIAl SEAL I
JAYIlE A. M<CAUm NOTARY PUBlIC
IIY~M. SORO.. CUMBERLAND'\:O:I Pl
""'" ISSION EXPIRES OCT 2.. , ..