HomeMy WebLinkAbout06-10-05
.
Register of Wills of Cumberland County
Estam of. Robert H. Even.
a/soknown03 R. H. Even.
PETITION FOR PROBATE and GRANT OF LETTERS
1./-05 -05 20
No.
To:
. Deceaoed
Register of Wills for the
County of Cmnberland in the
Commonwealth of Pennsylvania
Social Security No. 067-14-a886
The petition of the undersigned respectfully represents that:
Yourpetitioner(s), who islare 18 years of age or older, and the execut~namedin the last will of the
above de=l...u, dated April 11 , 1996 . 20
and codicil(s) dated Mnll~tinn Qy Ua(y FVlImst datAd MAY 74 ?nmi
(state relevant cin;umsIaD~ e.g. renunciation. death of executor;. etc.)
Decedent was domiciled at death in CUrnbeI1and
Pennsylvania, with h~ last family or principa1 residence at
824 Llsbum Rd, Camp Hill
County,
(list street, nmnber and municipality)
Decedent, then ~ years of age, died Merch 25 . 20~ at Holy Spirit Hospital
Except as follows, decedent did not 1lllIIIY, was not divorced and did not have a child born or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in ColDlty
Value of real estate in Pennsylvania
situated as follows:
$ 4000
$
$
$ 0
WHEREFORE, petitioneI(s) respectfully reques1(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters teslamenlary
(testamentary; admiaislralioa c.t.a.; admiaistratioa d.b.a.c.t.a.)
thereon.
}:t;jS~~S)
Residence(s) ofPetitioner(s)
654 Blue Ridge Rd., PltIsburgh, PA 15239
is
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.
Register ofWiJJs ofCumberJand County
OATH OF PERSONAL REPRESENTATIVE
}
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
The petitioner(s) above-named swear(s) or affum(s) that the statements in the foregoing petition are true and
conect 10 the best of 1he knowledge and belief of petitioner(s) and that as personal rep,eoclJlative(s) of the above
decedent petitioner(s) will well and truly administer 1he estate ~ law. .
Sworn 10 or affinned aW.subscribed { I: ~ /l4ra#.
Before me this IV day of
\.:fILNE:. .20 0.'i
~~~~1f
pMvm No. 2/-05 -D520
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Estate of Robert H. Evens
. Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW \.T l.UJ E:. I 0 20 OS, in consideration of the petition on the reverse side
hereof, satisfactory proofhaving been presented before me, IT IS DECREED that the instcumenl(s), dated
April 11 , 1996 . described therein be admitted 10 probate filed of record as 1he last will of
Robert H. Evens ; and Letters are hereby granted 10
Robin McGrath
FEES
Probate, Letters, Etc. ... .
Will.................................
Remmciatioo........... ...... ......
Short Certificates (3) ... ...... ...
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Automation Fee... ... ... ..........
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Total 10
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Attorney (Sup. Cl I.D. No.)
Address
-nfTD
Phone
.
Register ofWil1s of Cumberland County
Estate of Robert H. Evens
Also known as R. H. Evens
RENUNCIATION
No. 1.1-OS -0520
. deceased
To 1I1e Register of Wills of Cwnber1and County, Pennsylvania
The lDldersigned Mary F. Evens . spouse executrix
(Name) (Relationship) (Capacity)
of 1he above decedent, hereby reoounce(s) 1he right to administer 1he estate and respectfully request(s) 1hat
Letters of T eslamentary, Ietbors of administration
be issued to Robin McGrath, daughter
,,If",.,,
Wibless my/our band(s) this J.,.. day of
Affirmed and subscribed before me this
;).4 day of YY\~
e..ens
J.{>~d ";I. ~
NotaIy Public
M C~R='
y -~mH OF PENNSYLVANIA
. Notarial Seal I
Lower AIle T . tary Public
M ~ .wp., Cumberland County
Or Y CommlSSIOrl Expires Oct 13" 2007
Member, Pennsylvania Association Of Notaries
Affirmed and subscribed before me this
_ day of
Register of Wills
Deputy
(Signature and seal ofNotaIy oro1her official
qualified to administer oa1hs. Show date of
expiration ofNotaIy' s commission)
Hay
.2005
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HI05.H05 REV 1105
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate wi II be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
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11598480
No.
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Local Registrar
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TYPElPRINT
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PERIllANENT
alACK INK
CERTIFICATE OF DEATH
COMMONWEALTH OF PENNSYlVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
SOCIAL SECU$tllY NI.IM8ER
DAn: Of DEATH (Monlh, Day. Year)
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Couolv Cumberl and ~;::"in~? 17<1.0 ~~~~'F.",
MOTHER'S NAME IFnI, Middle. Maklun SutnlIme)
18. Ruth Austi n
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NAME OF DECEDENT (F..s.. Mi<l<lle. lasll
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AGE (LaslBinI\d;Iy)
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FACILITY NAME (I' I\IIIlnslilulioo. give sir...., and numbef)
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DATE OF BIRTH BIRTHPlACE (C~y and
(MoIlIh.oay.Vaar) SlaIaorForeIgnCounIry)
11-IHI921,.Hadley NY
$.83 Y,s
COUNTY OF DEATH
CITY. BORO. TWP Of OEA.TH
Ib Cumberland
DECEDENT'S USUAL OCCUPATION
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KINO OF BUSINESS/INDUSTRY
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Camp Hlll PA 17011 (Seeill6\ruc\ions
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fATflER.SNAME (hsl. Middle. La&l)
u Harry G. Evens
INfORMANTS NAME (T)'~rlnl)
zOa. Robin McGrath
METHOD 01' DISPOSITION
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ERAlSER
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WAS DECEDENT Of HISPANIC ORIGIN?
~Vesnlf.ye..spao:ify~.
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RACE.AmefitanlnOian.8Iaclt,White.&
{Spe<:ily)
Wh ite
SURVIVING SPOUSE
(S""Io.go.....-........i
MARlTAt. STATUS. MlIrTIed.
NaverMan1ed,WiQowed.
Dtvorced(5pecly)
14. Marri ed 15. Mary
n... iii Yes. deceGunl Ii'ied in Lower A 11 en
Feiner
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cil~lbclro
PA 15239
DunauonO
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SIGNATURE
PlACE OF OISPOSITlON- Name 01 C8IT'o8Wry. ClIlfnatory LOCATION. Cily/Town. $lat&. Zip Code
or Olhar PIacf
z&onolite Crematory
NAME AND AOORE5S OF FACiLITY
Z21l1 rs Fun ra1 Home M
LICENSE NUMlliR
~faefferstown PA 17088
n,
chanicsbur
OATE51GNED
(Moolh.Oay.Vear)
PA 170 5
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WAS CASE REFERRED TO A MEDICAL EXAMINERICORONER?
21. YesF.iiil NOD
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WAS AH AUTOPSY WERE AUTOPSY fiNDiNGS
PERFORMED? AVAlLA8LE PRIOR TO
COMPLETION Of CAUSE
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OATE OF INJURY
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CERTIFIER (Chadt:. only one}
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INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED
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11 () - " 11
"
LAST WILL AND TESTAMENT
OF
o
~ :--J
'----,
ROBERT H. EVENS
I, ROBERT H. EVENS. of 4150 Nantucket Drive. Mechanicsburg. "
Cumberland County. Pennsylvania. do make. publish and declare this to be my Last Will and
Testament. hereby revoking all Wills and Codicils by me at any time made.
ITEM I:
I direct that all inheritance and estate taxes becoming due by
reason of my death, whether such taxes may be payable by my estate or by any recipient of
any property. shall be paid by the Executrix out of the property passing under ITEM III of
this Will. as an expense and cost of administration of my estate. The Executrix shall have
no duty or obligation to obtain reimbursement for any such tax so paid. even though on
proceeds of insurance or other property not passing under this Will.
ITEM II:
I direct the Executrix to pay the expenses of my last illness and
funeral expenses from the property passing under this Will as an expense and cost of
administration of my estate.
ITEM III:
I devise and bequ~ath all of the rest. residue and remainder of
my estate whatsoever nature and wherever situate to my spouse. MARY F. EVENS. In the
event my spouse predeceases me. or in the event that she does not survive me by thirty (30)
days. I devise and bequeath my estate as follows:
a. One-third (113) to my daughter, MARY ELLEN ALLS, or in the event she
--/!ifI-
1
predeceases me, to her issue, per stirpes;
b. One-third (1/3) to my daughter, VIRGINIA QUILLEN, or in the event she
precedes s me, to her issue, per stirpes; and
c. One-third (1/3) to my daughter, ROBIN McGRATH, or in the event she
predeceases me, to her issue, per stirpes.
ITEM IV:
Any share of my estate that shall vest in a child who has not
attained the age of twenty-one (21) years, the Trustee shall hold the share of such child in
Trust during the life of such child, or until the earlier termination of the trust as herein
provided, and shall invest the funds, collect the income therefrom and shall apply so much of
the net income therefrom and so much of the principal thereof as the Trustee shall from time
to time deem necessary or advisable for the support, maintenance and education of such
child. The Trustee shall accumulate any income not so applied until such child shall attain
the age of twenty-one (21) years. Thereupon, the Trustee shall pay, transfer and set over the
principal and accumulated income trust to such child. In the event of the death of such child,
before attaining the age of twenty-one (21) years, then, upon such death, his or her share
shall be paid to the persons surviving such child who may be entitled to his or her personal
estate in accordance with the intestate laws of the Commonwealth of Pennsylvania. The
Trustee is authorized to apply income and principal of the trust fund by making payments to
the parent, the person with whom the child resides or to any guardian appointed for such
child.
In addition to powers given them by law, my Executrix and
ITEM V:
Trustee and their successors and any guardian acting hereunder shall have the following
2
'~
it
discretionary powers applicable to all real and personal property held by them, effective
without court order and until actual distribution:
(a) To retain all property received by them including the stock of any corporation
fiduciary acting hereunder, provided such property remains productive;
(b) To invest in all forms of property without restriction to investments authorized
to fiduciaries, so long as such investments are productive;
(c) To join in any incorporation, partnership, recapitalization, merger,
reorganization or voting trust plan; to delegate authority with respect thereto; to deposit
investments under agreement and pay assessments; and generally to exercise all rights of
investors;
(d) To compromise controversies;
(e) To exchange or sell for cash, property or credit, publicly or privately, or to
lease, even for a term exceeding five (5) years or the duration of the trusts hereunder,
without liability on the purchasers or lessees to see to application of the consideration, and to
give options for these purposes without obligation to repudiate them in favor of a higher
offer;
(f) With respect to my trust under Item IV hereof, to allocate items of receipt or
disbursement between income and principal as they deem equitable regardless of the
character given such items by law;
3
~
(g) To apply income or principal to which any beneficiary is entitled directly for
his or her maintenance and support should they deem such beneficiary incapable of receiving
the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such
person as they select to disburse it, whose receipt shall be complete acquittance thereof,
without the intervention of any guardian;
(h) To borrow money, including the right to borrow from any corporation
fiduciary acting hereunder, and mortgage or pledge as security:
(i) To hold investments in the name of a nominee;
Gl To distribute in cash or kind or partly in each at valuations fixed by them;
(k) To assume continuance of the status of any beneficiary with reference to
marriage, divorce, illness, incapacity or other change in the absence of information deemed
reliable without liability for disbursements made on such assumption;
(I) To elect to value my gross estate for Federal estate tax purposes as of the date
of my death or as of the alternate valuation date as allowed for such purposes, and to claims
as income tax deductions expenses that would otherwise qualify as estate tax deductions and
other elections allowable under law;
(m) To not segregate investments as belonging to a particular trust or share therein
and all interest may be held in undivided form in a single fund from which proportionate
distributions are made based on current reappraisals;
4
~1
fill
,
(n) To make distributions during the course of administration of my estate or trust
without court order; and to undertake any and all acts deemed necessary and proper by it for
the proper and advantageous management of any trust and settlement of my estate.
ITEM VI:
Any person who shall have died at the same time as I shall
have, or in a common disaster with me. or under circumstances that the order of deaths
cannot be established by proof, or within thirty (30) days of my death, shall be deemed to
have predeceased me.
ITEM VII:
I appoint, my spouse, MARY F. EVENS, to be the Executrix of
my Estate. In the event she cannot act or refuses to act as Executrix for any reason, I
nominate, constitute and appoint my daughter, ROBIN McGRATH, as Alternate Executrix. I
appoint my daughter, ROBIN McGRATH, as Trustee of any trust hereby created, but if she
shall predecease me or for any reason fail to quality or cease to act as Alternate Executor
and/or Trustee, I appoint my daughter, VIRGINIA ANN QUILLEN, as Alternate Executrix
and/or Trustee, as the case may be. I direct that they or any of them be permitted to qualify
and act in either or both capacities in any jurisdiction without giving bond or other security.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding four (4) pages, at the end of each
page of which I have also set my initials for greater security and better identification this
lIth day of April, 1996.
//~~!I cl/lh~~^ Lt-
ROBERT H. EVENS
5
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testator as and for his Last Will and Testament,
in the presence of each other, have hereunto set our hands and seals the day and year first
above written, and we certify that at the time of the execution thereof, the said Testator was
of sound mind and memory.
~~~
~m . mer';.k
( (;/-"d-:T-4~~~ 'Residing at:
Dianna Stop ins '
Residing at:
702 Fourth Street
New Cumberland. PA 17070
320 Plaza Apartments
Lebanon. P A 17042
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
I, ROBERT H. EVENS, Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will and Testament; that I signed it willingly,
and that I signed it as my free and voluntary act for the purposes therein expressed.
),.~
lvrkl-lt2 . - --
ROBERT H. EVENS
1/
NOTARY PUBLIC
My Commission Expires:
(SEAL)
NOTARIAL SEAL
Botbara Sumple-Sulliv8n. Nm.ry Public
1 N_ Cu_ Boro. Cumbe<I_ Co.
My Commiuion ExptfOl Nov. 15, 1999
6
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
We, Thomas G. Emerick and Dianna Stopinski, the Witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw Testator, ROBERT H. EVENS, sign and
execute the instrument as his Last Will and Testament; that Testator signed willingly and he
executed said Will as his free and voluntary act for the purposes therein expressed; that each
of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the
best of our knowledge the Testator was at that time eighteen (18) or more years of age, of
sound mind and under no constraint or undue influence.
'7~
l
/f~<"'~1~:J /';~~FA.dd;Z.J~~J,-
WITNESS
Sworn to and subscribed
before me this 11th day
~
;it. NOTARY PUBLIC
My Commission Expires:
(SEAL)
NOTARIAL SEAL
Berbar. SumpJe-SufHvBn. Notary Public
New Cumberland BolO. Cumba~and Co
My Commiasion eXPires Nov. 15. 1999"