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Home My WebLink About06-11-07 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Ruth N. Eberle No. d. \ () -\ (YS lo "1 also known as , Deceased Social Security No. David O. Eberle and Karen A. Eberle Petitioners, who are 18 years of age or o5der, apply for: (COMPLETE "A" OR "B" BELOW:) 162-22-3781 rD A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated June 18. 1986 and codicil dated June 22.1989 John E. Eberle, first named Executor, died on May 21, 1994, predeceasing decedent. Petitioners are successor Executors named in Will. 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 o 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: r Name Relationship Residence 1 ~---~ ;~ - ~-'-- (--_. : ... -- ; . -. ) ., ,. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at Messiah Villaae. 100 Mt. Allen Drive. UDDer Allen TownshiD. Cumberland County. PA (list street, number and municipality) Decedent, then ~ years of age, died Mav 20. 2007 at Messiah Villaae. UDDer Allen TownshiD. Cumberland County. Pennsvlvania. (Location) 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 County................................................................................ $ Value of real estate in Pennsylvania ............................................................................................................................ $ Total...... .............................. ........ ............ ................... ..... .......... ...... ........ ............ $ 10.000.00 N/A N/A 0.00 10.000.00 Real Estate situated as follows: None 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 O. Eberle, 1018 Chelmsford Drive, Mechanicsburg, PA 17050 Karen A. Eberle, 1409 Harwich Court, New Cumberland, PA 17070 Form RW-1 Page 1 of 2 (Dauphin County) - Rev. 9192 651921.1 Oath of Personal Representative Commonwealth of Pennsylvania County of ~ It u rf\W\u=J.. - 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 rep sentative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accor:;; ~ f1 Sworn to and affirmed and subscribed 6J . belore me this [1.11, dayo! ~./ff ~ "-... / IAJI1 e 20 QE .i----- ~dA~~ fr ~ ....-., , -' ,.:~O , -~i.J c_ Estate of a \ ()~1 O~'l R~% to, S be..-\<:- No. Deceased Social Security No: \ \o'~ ~ ~ 3l~\. Date of Death: OS~ AND NOW, \ \ ~\.Ule. , 20JiL., in consideration of the Petition on the reverse side hereon, satisfact<?~ proof having been presented before me, IT IS DECREED that Letters ~estamentary 0 of Administration are hereby granted to txL\J \ d. D t: \:~U-\~ 8 \ d.b.n.c.t.; pendente lite; durante absentia; durante minoritate KClXef\ f\ €~.k in the above estate and that the instrument(s) dated b \ \'8\ 1'1 ~ w~ lD \.);,;) \~ described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . $ lt~ cv Short Certificate(s).Ll0 $ ~ '-\ 00 Renunciation................. . $ ^ ffida\lit-( wtl\ $ \~ . . .. )............... .. Extra Pages ( ).......... .. $ Codicil......................... . $ \~ JCP Fee........~..~tp $ ,~ Inventory..................... .. $ Other.......................... .. $ TOTAL............... . $ ) \ioc) Form RW~ 1 Page 2 of 2 (Dauphin County) - Rev. 9/92 ~;kUlL^- Register of Wills Attorney: Stanlev A. Smith I.D. No: 33782 Address: Rhoads & Sinon LLP. PO Box 1146 1 South Market Square. Harrisburq. PA 17108-1146 Telephone: 717-233-5731 H105.805 REV 1/05 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 will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. /7 m vr: ..~~ I'C /~" Fee for this certificate, $6.00 Local Registrar p 13355422 MAY Z 1 7007 Date .......l REV 1112006 PArNT IN AANENT CKINK ~\ DlbS~1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) o ",?~ 84 April 25, 1923 OOtliOr~ SI>odfY: 10. Race:-___.__.etc. I~ VIS. 6.Dateolllil1h th, , I.NomeolDecodenl(FIrsI,_,I8sI,JUfllxI Ruth N. 5. Age (Last Bklhday) 81>. County 01 Doalh Cumberland Twp. 11.DecedenI'sUlulll molII:of IIe.Donat..... 1Ond00Work 1Ond0l_'1nduslry Homemaker Domestic . 16. Doc:odonI'.MoIIng_I_,clIyl_,_,zipcodel 100 Mt. Allen Drive Mechanicsbur , PA 17055 16. FaI1ef'.Nome(Arsl._,lll8t,sulIIx) Paul Eckert Newcomer 201. 1rIonnonI'.Nome Il\'POIPrlnt) David O. 12. Was Dec8dInI ever in the U.S. AImed Fon:os? o Ves 6iI No DecodenI'. Adu8l_ 17.. S1IIe 17b. Counly Pennsylvania Cumberland DId Decodont Live in a Townahip? 17c.l!!l Ves, DecodenI Livod in 17d. 0 No, DecodenI Uved wllhin AcluaIl.inllsol UDDer Allen Top. CltyIBom 19. _. Name (Arst, _, maldon........) Pauline Mar uerite Lewis 2lI>.1nfcnnanI'I MIlir>l--(_ clIyl-' ....., zipcodel 1018 Chelmsford Drive, Mechanicsburg, PA 17050 21~PIoceolDisposllOn(NllMoI_,aomaIOIycr_placel 21d.lJlCellcnICllyI_,...Ie, zip_I Rolling Green Memorial Park Lower Allen Twp.., PA 17011 22c. Name snd __ 01 FaclIIy Parthemore FH & CS, Inc.. P.O. Box 431, New Cumberland, PA 17070 230. To tho bell 0I1Ifj knowlodge. _ occunod .1 tho lima, dale snd place _ (Slplurs snd 1iIIo) 231>. Uconse _r 23c. DaIa S9lId (Month, day, 1"8'l 24. T... oIllealh 25. Dale _ Deed (Month, day, 1"8'l '7: oof' M. c2tJ dJJ 0 7 CAUSE OF DEATH (See '_"""ond ) Item 27. Part I: EnIer Il1e ~ - cIaooaes, irjurioI, cr compIcatIons -lhaI <IIeclIy caused tho doalh. DO NOT onIor _ 0'IIl1ts..... as CIIdac 1IISSl, fIIIlIralorf_ cr___sIIclwIngtho alIoIogy. Llstcrttonecause on_h. 26. Was CUt Referred to Medical Examiner I Coroner for a Reason OCher than Cntmetion or Donation? OVes ~No ~"'--,I"", to C&lll1IIed on h.. EnIIr UNDEIILYING CAUSE =-~':.t,~"" o. tJ"O..l..lW1~JtI/',a Due" ("as. _01): b. Due" (cras._oI): O?~ ~nJV~JU(I# cJi'suM. V'ds&ula/' ~'a ~f,fil't, harlIUt/T~ 26. Did Toboccxl Uas ConlrIlute .. Cealh? o Val 0 PmbabIy [J(N.o- 26.IfFJnteIe: III NoIlJl11P1111lwllhinposlyear o f>IognlftaltlmooldlBlh o NoIp1091l11"/,lMlJlIIP1II1l_~2days ol_ D NoI_(buI",",,",,43daysIo1year bofors_ O_lpoognant_thopastyear 32c. PIoce 0I1rjuIy: _, Film, _ F-", 0IIIca Buidng, etc. (Spal#y) ,\f>proldmaIe- Onsallo Cealh ParI II: Enter dher rdoniIIc8nI: conrIlknr. rmtrhiino 10 dMIh.. bulnoIllISllilinginlhaundallylngcausegi'loninParlI. =~=I~ c. Duelolcras._oI): 3Oo._an~ - d. 30>. WIn "'- FlndingI A_PlicrIoCon'jllelion 01 Cauae 01 Cealh? OVal~ 31. -.or 01 Cealh iit"- 0 - 0- 0 Psnding- OSulclda OCouldNolbe~ 32d. T... 01 ir+Jry 32lI. L..-. 0I1rfn'1 1_, clIy 1_, "'''1 OVal c6, M. 33a.CortiIIIr(checkcrttonel . Cer1lIylng~(Pl1yaicIancOltilyingcauoeol___phy*8lhaspnll1lMJflCOd_snd"""'llloltdIlom23) To the bell 01 1II\''''-IIdgo, _ _due 10 the CIUII(.)and.......asllalOol..._ _ __ _ _ _ _ _ _ _ __ _ __ _ _ _ - _ - - - - -- - - -- - 0 . Pr..-.cInlI and CIl'IIlIIn9 ~ (PhyIicIan both pronouncing doalh snd cartIlyIng.. CIllI8 01_) To tho bell 01111\' "'-IIdgo, _ _ lithe _ date, and~, and due 10 the ClUll(I)and........ as -- - - - - - - - - - - - - - - - -- . = =-..= and I.. m-tlgdIon, In 111\'...-. daolh _ at the _ date, and~. and due.. the ClUll(I) and.....- asllalOol... 0 36.RegIII1II" ~ .21 / I .?! II 1/ n;.I'V'oClitirInParmitNn OIII.Clqq LAST WILL OF RUTH N. EBERLE FIRST EXECUTOR: SUCCESSOR EXECUTOR: ALTERNATE EXECUTOR: q.~. D. Dated: a \ () 1 03..(')1 ~-~ /J>: 1986. JOHN E. EBERLE KAREN A. EBERLE and DAVID O. EBERLE DAUPHIN DEPOSIT BANK AND TRUST COMPANY HARRISBURG, PENNSYLVANIA RNE }gn.$f JWIill nw (gp.$fnmpnf .(If RUTH N. EBERLE I, RUTH N. EBERLE, a legal resident of Cumberland County, Pennsylva- nia, revoke all prior Wills or Codicils and make this Last Will. ARTICLE 1 1.1) I appoint as Executor, without bond, my husband JOHN E. EBERLE. Upon his failure to qualify or the termination of such duties then my son DAVID O. EBERLE and my daughter KAREN A. EBERLE shall be substituted as Executors, also without bond; or if either one fails to qualify or becomes incapacitated, resigns or dies then the surviving child shall continue as sole Executor. 1.2) Notwithstanding the provisions of Article 1.1), if my husband survives me and could qualify as Executor but decides that such office could be filled better by a corporate executor then he may decline and DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Harrisburg, Pennsylvania shall be substituted as Executor; or, if my husband fails to survive me, or survives but fails to complete his duties as Exe- cutor, and my children or one of them could qualify as substituted Executor(s) but decline for any reason or become incapacitated, re- sign or die before one of them completes the duties of such office, then said bank shall thereupon become substituted Executor. ARTICLE 2 2.1) Except as may otherwise be directed in a written memorandum signed by me, I give and bequeath to my husband JOHN E. EBERLE, if he survives me by sixty days, all of my tangible personal property and personal effects and all insurance policies thereon, with the re- quest that he distribute such items that he does not desire or need among our two children. 2.2) I further give and bequeath to my husband all of my house- hold furniture and furnishings located in our home at 617 Allen Stree New Cumberland, Pennsylvania 17070, or in such other home in Page One . Y}~~. RNE Pennsylvania that we may occupy at my death, if he survives me by sixty days. 2.3} I also bequeath to my husband all furniture and furnishing in our winter residence at 144 Regent's Court, Melbourne, Florida 32940, or in such other Florida home as we may occupy at the time of my death. 2.4} If my husband fails to survive me or dies within sixty day of my death, then all property described in Article 2.l}, 2.2} and 2.3} is hereby devised in equal shares to our two children, or if either is deceased then to his or her issue per stirpes, or if none then to the surviving child, except as may otherwise be directed in said written memorandum signed by me. ARTICLE 3 3.l} All death taxes upon or in relation to any of my property, whether passing under this Will or otherwise, as well as debts and expenses of administration shall be paid out of my probate assets, except tangible personal property, without contribution or reimburse ment by any beneficiary or recipient; if such assets are insuf- ficient therefor my executor may call upon the trustee of a herein- after mentioned trust for the sums needed. 3.2} Notwithstanding the provisions of Article 3.l} above, if any Qualified Terminal Interest Property passing under my husband's Trust or Will is included as a part of my taxable estate by reason of my life income from such QTIP assets, then I direct that the shar of my taxes applicable to such QTIP assets shall be paid therefrom rather than from my own probate or trust assets. 3.3} My executor shall file with Internal Revenue Service an election to have such marital share treated as Qualified Terminal Interest Property for the marital deduction for Federal Estate Tax purposes, EXCEPT if in the judgment of my executor there would be more than nominal savings for the estates of myself and my husband to elect to have less than all of the marital share treated as Quali- fied Terminal Interest Property then said executor may file the Page Two . 'l' E'. RNE election as to only a specific portion of such marital share. If such election could more properly be made by my executor joining therein with the trustee of my trust described in Article 5.1) said executor shall do so; or, my executor may authorize such election and filing by said trustee alone if under the then applic- able provisions of the Internal Revenue Code such procedures can effectively be taken by said trustee. ARTICLE 4 4.1) In addition or supplemental to the powers provided by law, as amended, my executor in the prudent exercise of discretion and good judgment, and without order of court, may: A. Sell, at public or private sale, or option, any property for cash or upon reasonable terms and security; and, execute leases on any trust property upon such terms and conditions and for such peri- ods of time as trustee deems proper and desirable. B. Invest in all forms of property (including, but not by way of limitation) real estate, all types of stocks, bonds, options and money market accounts without being confined to investments pre- scribed by statute, and without being required to have the extensive diversification that otherwise may be usual or customary for trusts of this size. And, Common Trust Funds maintained by any corporate executor may also be invested in except that any fund of equities (common stocks or similar securities without fixed dividends) may be purchased only for a trust, or trust share, having a total fair market value of less than Four Hundred Thousand Dollars. C. Place securities in a margin or brokerage account and main- tain money-market accounts upon which checks or drafts may be drawn. D. Delegate trading authorization to investment advisors, brokers or agents and authorize them to sell and reinvest any assets on a discretionary basis; and pay reasonable compensation therefor. E. Borrow money from the commercial department of my corporate execuboror others, upon reasonable terms, and mortgage, hypothecate or pledge assets as security therefor, including short selling and Page Three Q. /J. e. RNE: contracts for the future delivery of any security. F. Enforce or compromise claims against others; and, settle or pay demands that executor deems proper. G. Manage, repair or improve probate assets. H. Execute and deliver such instruments as may be necessary to effect all duties and undertakings herein. I. Employ lawyers, accountants, agents or other assistants necessary to the proper administration hereof, and pay reasonable compensation for such services. J. Vote and otherwise exercise all rights and options incident to the ownership of stocks, bonds and other securities and hold title in the name of a nominee. K. Purchase property from anyone, including a beneficiary, at a price and upon terms determined by executor to be fair. L. Pay premiums on any type of insurance policies retained or purchased herein, and exercise any rights thereunder. M. Open checking and savings accounts, make deposits therein, and draw checks or other debits against such accounts. N. Distribute assets in cash or kind or partly in each. O. Retain assets already a part of my probate estate, PROVIDED HOWEVER, that inasmuch as more than sixty percent of my present total assets consist of common shares in AMP, Inc. (including AMP, Inc. "endorsed common shares") a Delaware corporation having its principal place of business in Harrisburg, Pennsylvania, I urge, but do not direct, that my executor proceed in an orderly but not precipitous manner to sell such part or all of said shares that may be among my probate assets so that, when combined with the remaining shares in the hereinafter mentioned trust, the total thereof will have been re- duced by at least fifty percent. This request is made, not because of my lack of faith in the continued growth of AMP, Inc. with which my husband has long been associated, but in recognition of the fact that sales can be made after my death without large capital gain taxes to assure funds for more diverse investments and to provide liquidity in my estate and cash to pay at least part of the with- Page Four Q.~. e RNE' drawals to which my children become entitled under said trust. ARTICLE 5 5.1) I devise and bequeath the residue of my probate estate to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Harrisburg, Pennsylvania 17105, as successor trustee to be added to the trust created by me as Settlor with myself as Trustee, said Trust Agreement being dated ~ I r, 1986, or as the same may be amended at the date of my death. . r>-?;tv n. /d day of ~ , 1986. J R~~E{fE, ~~ We, the undersigned witnesses, hereby certify that the foregoing Will was willingly signed, sealed, published and declared by the above- named Testator as and for her Last Will and Testament, in the pres- ence of us, who, at her request and in her presence and in the pres- ence 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 exe- cution thereof, the said Testator was of sound and disposed mind and me~~ L Ai """,--r ~ (SEAL) Residing at JiLl? ~~t:u~ I L2 f/ ~~r~ (SEAL) Rfsiding at /~;' ~~ ~ /jf;;;:P~~ ~~ ~ ~??h#~~7 WITNESS my hand and seal this COMMONWEALTH OF PENNSYLVANIA) COUNTY OF DAUPHIN ) We, RUTH N. EBERLE, '1? I (!K 4 C-4 L l) and.:::J 1)J/LUP nUN tJ , the Testator and the witnesses respec- tively, whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were pres- ent and saw the Testator sign and execute the instrument as her Last Will; that the Testator signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each sub- scribing witness in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Test- ator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. (<~k ~SS...1 ( ~ ~ / /~ > ~'~/ 1/ . ness V SUBSCRIBED AND SWORN to Commonwealth and County t;J#A,d_ ~5+J, ~ RU H N. EBERLE, Testator (SEAL before meA a Notary Public in and for said this / )f day of ~/.A'O'? _ , 1986. ~~~~ ~ Notary Public MARY ANN l\f,!DfRSUri. NOTfl,RY PUBL/l,; My Commission Exp:res October 30, 1986 Harrisburg, P,4 Dallphin County Page Five (::?~ /;# t? CODICIL TO THE LAST WILL AND TESTAMENT OF RUTH N. EBERLE I, RUTH N. EBERLE, of New Cumberland, Cumberland County, pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last will and Testament dated June 18, 1986. ITEM I: I hereby revoke Article 3.3) of my said Last will and Testament and in lieu thereof substitute the following Article 3.3): 3.3 My executor shall file with the Internal Revenue Service an election to have the assets pa'ssing under Paragraph FOURTH of the trust described in Article 5.1) of this Will as Qualified Terminal Interest Property for purposes of qualifying for the marital deduction for Federal Estate Tax purposes, EXCEPT if in the judgment of my executor there would be more than nominal savings for the estates of myself and my husband to elect to have less than all of the assets passing to my husband treated as Qualified Terminal Interest Property then said executor may file the election as to only a specific Page 1 of 2 pages portion of the aforesaid assets passing under said Paragraph FOURTH of the above referenced trust. If such election could more properly be made by my executor joining therein with the trustee of my trust described in Article 5.1) of this Will said executor shall do so; or, my executor may authorize such election and filing by said trustee alone if under the then applicable provisions of the Internal Revenue Code such procedures can effectively be made by said trustee. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last will and Testament, consisting of this and the preceding one (1) page, this ...,' } ..--.....~ day of ,~./,/7'z..-<- , 1989. ~<<:I"~~' U~-4 (SEAL) Ruth N. berle Page 2 of 2 pages We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testatrix as and for a Codicil to her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and dfrPosing min and memory. ~ '_" (SEAL) 'j"'-i Ie. ~^ ^' bR .1. 't- (SEAL) ~,~W;~ (1. D111 (SEAL) R~~~~_~ ()~ \ Residing at: L..I-~ (?A~\~~ '--;. IS P .,. y tl t" 0f Residing Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of RUTH N. EBERLE also known as No. d \ 0 1 090 1 . Deceased LuCY E. Kniselev. a subscribing witness to the Iil CocfICil presented herewith. being duly qualified according II) law, deposes and says that she was present and saw the above Testator sign the same and that she signed as a witneSS at the request of Testator in her presence and lEI in the presence of the other subscnblng witneSS. Swom to or affirmed and subscribed before me this '3 I day of mf1i ~A.~ Notary Public - My Commission Elcpires: ,2007. ~ ,"-.'" .--.___NIIIIlYar-- ...........--- --- .........oI~..-...1 nwe of NOTARIAL SEAL BONNIE L. SAVARD, Notary Public Spring Garden Twp., County of York My Commission Expires February 28, 2010 aulhoriZed to administer oalhs. PJease have present \he original or copy of Instrumenl{S) at time of nolarizalion. 1_ ' FGnn R\'N CPlI4*iR CIlunIy- Rev. IW2l S914S6.\ Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of RUTH N. EBERLE also known as No. ~ \ Dl D~\.o'L . Deceased Kimberly A. Duty. now Kimberly A. Crostley. a subscribing witness to the lID Codicil presented herewith. being duly qualified according to law, deposes and says that she was present and saw the above Testator sign the same and that she signed as a witness at the request of Testator in her presence and lID in the presence of the other subscribing witness. Sworn to or affirmed and subscribed before me this .,2q~ day of it, '"J .2007. \...... '. \ ~ f.}-'~ Notary Public My Commission Expires: (SlgnalUrll and ..01 of Nol""l '" 0_ omc:lal ouDltllodlOod--....... S_dolool .,.gIt;tIon 01 NotIIY'S co","",,"",,) NOTE: To be taken by officer authortzed to administer oaths. Please have present \he original or oopy of Instrument(s) at time of notarization. fDnn RW.2100llllhln eo_. RD.. flIIl2) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marianne H. AcrI. Notary Public City of Harrisburg, Dauphin County My Commission EXpires June 10, 2010