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Home My WebLink About06-12-06 . ~7~ .;..~~~ :' ~ \ "\ ;!i ,\"\;\ \ RHO~ A T'\S i*!imt ~ :::::;::::=:.::::::."':...":::: & SINON LLP Stanley A. Smith Phone (717) 231-6628 Fax (717) 231-6676 ssmith@rhoads-sinon.com FILE NO: 9969/01 -.-..-------.- _.._,._-----_....,.~ - _.._-~-~.__.. ..._---~,._-~--~-_........_-- ._----~.__.------...-- --+---_.........._--_._......--........_.-._~---"",..--_._,-~----._~-"._~~._-- June 9, 2006 Re: Estate of Janet M. Evans Ms. Glenda Famer-Strasbaugh VIA FEDERAL EXPRESS Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Dear Ms. Farner-Strasbaugh: We are submitting to you for probate the original Will and Codicil of Janet M. Evans, who passed away on May 16, 2006, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will and Codicil. 2. Death Certificate. 3. Petition for Grant of Letters. You will note that the oath of the Executor was taken by the Register of Wills of Dauphin County. 4. Estate Information Sheet. 5. Check in the sum of $321.00 representing payment of probate fee of $260.00; the cost of 4 short certificates @ $16.00; the JCP and automation fee of $15.00; and fee for Will and 1 codicil $30.00. We have also enclosed a copy of the Petition for Probate and Estate Info~ation Shtfei, that we ask that you time stamp and return in the envelope provided. ') .~.-' ~""""~ '_ _J -;'"] <:::) , .-""-) I I 611289.1 Rhoads &: Sinon llP · Attorneys at law · Twelfth Floor · One South Market Square. PO. Box 1146 Harrisburg, PA 17108-1146 · ph (717) 233-5731 · Ix (717) 232-1459 · www.rhoads-sinon.com June 9, 2006 Page 2 If you have any questions or comments regarding the enclosed filing, please contact the undersigned. Very truly yours, /'''' Enclosures cc: Mr. David L. Evans #I Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Janet M. Evans No.---2.l - () 1 0- 5 2 , also known as Janet H. Evans , Deceased Social Security No. David L. Evans 149-12-6388 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) f][J A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated October 24.1980 and codicil(s) dated Seotember 15.1988 State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: No exceptions. Decedent's husband, David J. Evans died July 21, 2001. D B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 4837 E. Trindle Road. Mechanicsbura. Hamoden Townshio. Cumberland County Pennsvlvania (list street. number and municipality) Decedent, then 79 years of age, died Mav 16. 2006, at Country Meadows Retirement Community. 4837 E. Trindle Road. Mechanicsbura. PA 17055 (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property ...........................................................................................$ 150.000.00 (If not domiciled in PAl Personal property in Pennsylvania...................................................................... $ (If not domiciled in PAl Personal property in County................................................................................ $ Value of real estate in Pennsylvania None .................. ..... ........................... ...... ............... ............ ................ ................ $ 150.000.00 T olal............... ..................................................................................................... $ Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence David L. Evans 204 Cherokee Drive Mechanicsburg PA 17050 '- } Form RW-1 Page 1 of 2 (Dauphin County) - Rev. 9192 i-' r',) 61 J03J.J Oath of Personal Representative Commonwealth of Pennsylvania County of The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according. ~ / ~ Sworn to and affinned and subscribed I. ~ _____ r _______ before me this 9YA day of tL?U- 2000 &!fIctW-,C~/~. No. cJl- Ol; - 5d-.1 Estate of ~ ,",o:*: ['1\ f.-l)0~ Deceased Social Security No: \ yq- \"l. - \.0 3 S ;? Date of Death: 5 - I ~, 0\.0 AND NOW. r \3 . 20 6'--' . in consideration of the Petition on the reverse side hereon, tisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary 0 of Administration are hereby granted to ~<..l cR tJ. 10 .. 0 d.b.n.c.t.; pendente lite; durante absentia; durante minoritate in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate( s ). . . . . . . . . . Renunciation................. . Affidavit ( )................. Extra Pages ( )............ Codicil......................... . JCP Fee........................ Inventory. . . . . . . . . . . . . . . . . . . . . . . Other........................... . ~ $ dvO. CO i_./ I PcL- .~ q C/o TOTAL............... . Form RW-l Page 2 of 2 (Dauphin County) - Rev. 9/92 $ d.I.JJO. 00 ~~"f'.1 ~iAo~h,'llf) ~\ ~ . ~;iIIS If ; J . --':1 -1 ) , ... .J $ IIp. 00 $ $ $ J s-. L>C; $ J ~. 0(:;, $ '0. ()u $ $5.00 ,) ,~ N -, I , Attorney: Stanley A. Smith I. D. No: 33782 Address: Rhoads & Sinon LLP, PO Box 1146 1 South Market Square, Harrisbura. PA 17108-1146 Telephone: 717-233-5731 $"32-1.00 ill i." In certify that the. information hel~ven is correctly copied from an original.ificate of death duly filed with n1e as Registrar. The original certificate .be forwarded to the State Vital Records ce for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. S6.00 No. tZvn- fr2 ~ Local Registrar p 12412061 MALl 7 200S Date .J L _I . ".-'- ~) ('j r.....) \IS Rev. 01106 'RINT IN IANENT :KINK 1 Name of Deceden (First. middle. last) 11 ~cf COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER 3. Social Security Number 4. Date of Death (Month. day. year) 5. Aoe (Last birthday) 79 Yrs May 16, 2006 o Other. S 10. Race: American Indian. Black. Wh~e. elc. r Specif;) 17a. Stale PA Marital Status: Married, Never l'NIrried, Widowed, DIVOrced (Specifyj Widow ~~e ~~edent 17c. ~ Yes, Decedent Lived in Ham Townsh,,? w11i te 15. Surviving Spouse (II wife, give l'NIiden name) o Yes Decedent's Actual Residence on Twp 17b. County c'umhPrland 17d. 0 No, Decedent Lived wrthin Actual LimilS'uf CitylBoro 18. Father's Name (First, middle, last) Henry Howell 19. Mother's Name (First. middle, maiden surname) Ella Shepperd 2Oa. Informant's Name (Type/prinl) David L. Evans 2Gb. Inforl'Nlnf's Mailing Address (Street, cityllown, slale, zip code) 204 Cherokee Dr. Mechanicsburg, PA 17050 21b. Date of Dispos~ion (Month, day, year) 21c. Place of Disposrtion (Name of cemelery, crematory or other place) 21d. Location (Cityllown, slale, zip code) Mahway, NJ 22c. Name and Address of Facility Myers-Harner Funeral Horne 1903 Market St., Camp Hill PA 23b. License Nurrber RA.I~e2;) Jb'~ 23c Date Signed (Month, day, year) C)..IJ--- / b -.2 a6J ~ e-f13----- /~. -- .:? CZ;~ ~ 26. Was Case Referred to a Medical ExaminerlCoroner? o Yes ~ Item 27. Part I: Enter the ~ - diseases, injuries, or cOfT1>lications -that direclly caused the dealh. DO NOT enter terminal events such as cardiac arrest, resPi.ra.tOry arresl, or ventricular fibrillation wrthout showing the etiology. DO NOT abbreviate. Ente.' only onp;use on a tine IMMEDIATE CAUSE (Final disease or AI) e +c) S \ 'CA t) l 'rtCL0+ C~ v--c \ V\C/Yl.1':' cond~lOn resuhlng In death) ~ a.. __ _ _~ Due to (or as a consequence oQ: Approxil'Nlte interval: onset 10 death Part II: Enter other sianiflcant cond~ions contributino to death, but nol resuhing in the underlying cause given in Part 1. 28. Did T obaoco Use Contrtute to Death? o Yes 0 Probably o No 0 Unknown 29. II Female: o Nol pregnant wrthin past year o Pregnant at time 01 death o Not pregnanl, but pregnant wrthin 42 days or death o Nol pregnant, but pregnant 43 days to 1 year belere death o Unknown ij pregnant wrthin the pasl year 32c. Place of Injury: Home, Farm, Street, Factory, Office Building, etc. (Specifyj Sequentially list condrtions, ~ any, leading 10 the cause listed on Line a. Enter the UNDERL ytNG CAUSE . (disease or injury that in~iated the events resuhing in death) LAST. Due 10 (or as a consequence oQ: Due to (or as a consequence oQ' o Yes )tNO d. 3Gb. Were Autopsy Findings Available Prior 10 Coflllletion of Cause of Death? o Yes 0 No 31. Manner 01 Death )IC Natural 0 Honicide o Accident 0 Pending Investigation o Suicide 0 Could Not Be Determined 32a. Dale 01 Injury (Month, day, year) 32b. Describe how Injury Occurred: 3Oa. Was an Au10psy Performed? 32d. Time 01 Injury 33d. Date Signed (Month, day, year) 32e. Injury at Work? o Yes 0 No 321. 32g. Location (Streel, cityllown, Slate) Sf~ R-~\ UU~ iU- ~.tfl{l PA- 1101l 33a. Certifier (check only one) . Certifying physician (Physician certifying cause of death when anolher physician has pronounced dealh and completed Item 23) To the best 01 my knowledge, death occurred due 10 the cause(s) and manner as stated .............................................................................................................................X Pronouncing and certifying physician (Physician bolh pronouncing death and certifying 10 cause of dealh) To lhe besl 01 my knowledge, death occurred at lhe time, date, and place, and due to the cause(s) and manner as stated.......................................................................O Medical examiner/coroner On the basis 01 examination and/or Investigation, in my opinion, dealh occurred at the lime, date, and place, and due to the cause(s) and manner as stated .........0 M. ~ /, of / I / I (See instructions and examples on reverse) o o I, JANET M. EVANS of the Borough of Ramsey in the County of Bergen and State of New Jersey being of sound and disposing mind and memory, but realizing the uncertainty of this life, and intending to dispose of all my property of whatsoever kind and nature upon my death, do hereby make, publish and declare this to be My Last Will and Testament, hereby revoking all other Wills and Codicils by me at any time heretofore made. FIRST: I direct that my just debts, funeral and testamentary expenses be paid as soon after my decease as is practicable. SECOND: All the rest, residue and remainder of my property and estate, as well real as personal, and wheresoever the same may be situate, which at the time of my death shall belong to me or be subject to my disposal by Will, I give, devise and bequeath unto my husband, David J. Evans to have and to hold the same unto his heirs, executors, administrators and assigns, absolutely and forever, whether or not there are any children hereafter born unto me or adopted by me. THIRD: In the event that my husband, David J. Evans, shall fail to survive me, I direct that my residuary estate be divided into four (4) equal parts, or shares, and such equal parts, or shares, I give, devise and bequeath as follows: (a) Three (3) equal parts, or shares, unto my son, David L. Evans, or if he shall not survive me, to his issue surviving me, equally, per stirpes. If my son, David L. Evans fails to survive me, leaving no issue surviving me, the parts or shares set aside herein shall lapse and shall pass pursuant to subparagraph (b) below. (b) One (1) such part or share unto my grandson, Thomas David Evans. If my grandson, Thomas David Evans, has not r +) NAPOLITANO & NAPOLITANO COUNSELLORS AT LAW 180 E. MAIN STREET RAMSEY, N. J. attained the age of eighteen (18) years at the time of my death, the parts or shares set aside for him I give, devise and bequeath to the Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administer~ and distributed as a separate Trust for the benefit of my said grandson in accordance with the provisions of Article Fourth hereof. If my grandson, Thomas David Evans, has attained the age of eighteen (18) years at the time of my death, I give, devise and bequeath the share set aside herein to my said grandson and direct that it should be paid over and distributed to my grandson as soon as reasonably practical, free of trust. If my grandson, Thomas David Evans, shall fail to survive me his parts or shares shall pass to his issue survivin( me, equally, per stirpes. If my grandson, Thomas David Evans fails to survive me, leaving no issue surviving me, the part or share set aside herein shall lapse and shall pass pursuant to subparagraph (a) above. FOURTH: The Trust created under the foregoing Article of thi~ Will shall be held, administered and distributed to my grandson as follows: A. The Trustee herein shall receive, hold and manag~ the property as a Trust Fund, with full power to retain, sell, transfe or lease, forever or a day, and exchange all or any part of the said property as though the absolute owner thereof, and shall collect, receive and recover the rents, issues, income and profits thereof. B. During the period that the child for whom the Trust was created shall not have attained the age of eighteen years, such portion of the income received from the Trust Fund, or the princ shall be used by the Trustee herein for the said child's support, maintenance and education as the Trustee shall deem best, and the remainder of such income, if any, shall be accumulated, with or witho interest, until the said child shall have attained the age of eightee -2- NAPOLITANO & NAPOLITANO COUNSELLORS AT LAW 180 E. MAIN STREET RAMSEY, N. J. \ years. c. Upon the eighteenth birthday of the child for whom the Trust was created, the Trustee shall convey, assign, transfer and set over unto the child the entire balance, if any, of the Trust Fund remaining at that time together with any accumulated income, absolutely and forever. D. If the child dies before attaining the age of eighteen years, the Trustee shall transfer, convey and pay over the principal of the Trust, as it is then constituted, to the child's executors or administrators. E. The Trustee is authorized and empowered to hold as a part of the child's trust any and all articles of tangible per- sonal property at any time forming a part thereof. The Trustee shall have no duty to convert such articles to productive property, and the expenses of the sa~ekeeping thereof, including insurance, shall be a proper charge against the Trust. F. If the Trustee, in the exercise of his sole and absolute discretion, determines at any time not to hold or to continue to hold any property in trust, as hereinabove, provided, he shall have full power and authority to transfer and pay over such property, without bond, to the child's guardian or to the person with whom such person resides. G. The receipt of the guardian or other above- described person to whom any principal or income is transferred and paid over pursuant to the above provision shall be a full discharge to the Trustee from all liability with respect thereto. FIFTH: If any of the aforementioned legatees or devisees shall fail to survive me for a period of thirty (30) days, I direct that he -3- NAPOLITANO & NAPOLITANO COUNSELLORS AT LAW 180 E. MAIN STREET RAMSEY, N. J. ,- or she shall be deemed to have predeceased me and that the provisions of this will shall be construed upon that assumption. SIXTH: All estate, inheritance, succession, legacy, transfer, and other taxes of the same nature which are payable because of my death, including any interest or penalties thereon, with respect to the property comprising my estate for such tax purposes, whether such property passes under this Will or outside of this Will, and whether such taxes are payable by my estate or by any recipient or beneficiary of any such property, shall be paid entirely out of my residuary estate as part of the expenses of administration of my estate, with no right of reimbursement from any recipient or beneficiary of such property. SEVENTH: I hereby nominate, constitute and appoint my husband, David J. Evans, Executor of this my Last will and Testament, and I direct that my said Executor shall not be required to furnish any bond or security whatsoever for the faithful performance of his duties as such Executor any law to the contrary notwithstanding. In the event that my husband, David J. Evans, shall predecease me, shall fail to qualify, die or resign, then, in that event, I hereby nominate, constitute and appoint David L. Evans, Alternate Executor of this, My Last Will and Testament and I direct that my said Executor shall not be required to furnish any bond or security whatsoever for the faithful performance of his duties as such Executor any law to the contrary notwithstanding. EIGHTH: In the event that my husband, David J. Evans, shall predecease me, and in the event further that my grandson, Thomas David Evans shall not have attained the age of eighteen years at the time of my death, then, in that event, I hereby nominate, constitute and appoint my son, David L. Evans, the Trustee of the Trust herein created, and I direct -4- r l , I I I ! I I ... NAPOLITANO & NAPOLITANO COUNSELLORS AT LAW 180 E. MAIN STREET RAMSEY, N. J. that no bond or other undertaking shall be demanded or required of my said Trustee any law to the contrary notwithstanding. eM: -r; 1. 6 ~ IN WITNESS WHEREOF, I have on this;' Lf day of 0 cA-.~ , in the year One Thousand Nine Hundred Eighty signed, sealed, published and declared the foregoing Instrument as and for My Last Will and Testament, in the presence of each and all of the subscribing witnesses, each of whom I have requested, in the presence of the others, to subscribe his name (with his address), as an attesting witness, in my presence, and in the presence of the others. WITNESSETH: ~Jo ~t~ 0J~-- 11 ~'- j! Jw~/i 171: ~~ JANET M. EVANS of five typewritten pages, including this page, was subscribed by the above-named Testatrix, Janet M. Evans, at the Borough of Ramsey, in the County of Bergen and State of New Jersey, on this 1). '-I qay of 0 J~ , in the year One Thousand Nine Hundred Eighty in our presence and was at the same time and place published and declared by her to us to be her Last will and Testament, and, thereupon, we, at her request, in her presence, and in the presence of each. other, did subscribe our names as attesting witnesses. NAMES R.o a~ (t lu ~^.. RESIDENCES f.j- /t1rt-A CU~ ~ H~~/ '1J d)~(J 6 l"'oS- ~~ j~ ~, !\1f' /O[UI f(~~~ ~r -5- .'_ ~";:"",",,.,.,,'"",~;:.;.' ,,,,~,,,'''~''''.',''l'-)_'<II"~:;:'':'':'-- I, JANET M. EVANS, the testatrix, sign my name to this instrument this :J'icjl day of Of ~ , 1980, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. /, . . /0 ;. _ :r };.-z.1 c.. ~ /l to'l?",t . I' " ,-~4'~_______ Jlnet M. Evans We, the undersigned witnesses, being first duly sworn, do each hereby declare to the undersigned authority that the testatrix signs and executes this instrument as her last Will and that she signs it willingly (or willi! directs another to sign for her), and that each of us states that in the presence and hearing of the testatrix, he hereby signs this Will as witnes, to the testatrix' signing, and that to the best of his knowledge the testa is 18 years of age or older; of sound mind, and under no constraint or undue influence. f6~'^~ 0JAll1L~ witness ~ ~. ~_.~ss~. THE STATE OF NEW JERSEY) COUNTY OF BERGEN (Seal) Subscribed, sworn to and acknowledged before testatrix, and subscribed and sworn to before me this ;~day of Gel ~ 1980. NAPOLITANO & NAPOLITANO COUNSELLORS AT LAW 180 E. MAIN STREET RAMSEY, N. J. SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. CODICIL OF JANET M. EVANS I, JANET M. EVANS, of Hampden Township, Cumberland County, Pennsylvania, the within named Testatrix, do hereby make and publish this Codicil of my Last Will and Testament dated October 24, 1980. FIRST I hereby replace the Trustee appointed by paragraph Eight of the aforementioned Will from David L. Evans to CCNB Bank, N.A.. SECOND I hereby direct that said Trustee will hold that portion of my Estate in Trust for my grandson, THOMAS DAVID EVANS, until he has attained the age of twenty-two (22) years. All reference to the age of eighteen (18) in the body of the Testamentry Trust shall be amended to twenty-two (22) years of age. In all other respects I hereby ratify, confirm and republish my Last Will dated October 24, 1980 together with this sole Codicil as and for my Last Will. IN WITNESS WHEREOF, I, JANET M. EVANS, have hereunto set my hand and seal this my Last Will and Testament this /";-Ik-~ day of 5'e-j7~>>J)'eY 198 Y. Q' . r~ J-lp.cZ )7/. &/72.~n<..L ;/~ $anet M. Evans ~.-') f,) Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament in the presenc of us, who have hereunto subscribed our names at her request as COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND WE, JANET M. EVANS, ROBERT C. SAlOIS, AND MICHELLE L. SHEARER, the Testatrix and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~ JJI &~ J~net M. Evans, Testatrix /~ <Ob' t c. ~ai~ Witness 1/7'7 'J i... (Y J{ Wfft'J ..lsc.. '11 'fJv ! iJ"--/ Mic elle L~ Shearer, Witness Subscribed, sworn to and acknowledged before me by JANET M. SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. EVANS, the Testatrix, and subscribed to and sworn or affirmed to before me by ROBERT C. SAlOIS, AND MICHELLE L. SHEARER, witnesses, this I~ day of --J;:;t;~---- , 1981. ~ c~f . (tAd Not: ry Public Jet';! t 'I :' :'.. ~J;jhIi~ l.2. P,llY C Q rfi ~.:; i .:~'~'" ,) (: 1,,,.E"ch 23, 1992 SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. witnesses thereto, in the presence of said Testatrix and of each other. (//~?eC7 ADDRESS 'cc/G C0 /--::'~S-L (/~:-C:i- (( S (,( 1:;/ ~ (7 tJ ( ') / II ( I {iJ.j f( l v (Sh ~ . ~..OV \JirL. ADDRESS;JCo ~~+ H1sn ~-+rect Co (' I t ~\e. lp 1M no/ ,3