HomeMy WebLinkAbout01-17-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of GUY W. EITER
also known as
File Number
^ \ O~ ObtV
, Deceased
Social Security Number 198-10-8875
Petitioner(s), who isMN 18 years of age or older, apply~) for:
(COMPLETE 'A' or 'B' BELOW:)
~ A. Probate and Grant or Letters Testamentary and aver that Petitioner(s) i6/ are the
last Will of the Decedent dated August 10, 200~d codicil(s) dated (None)
Executors
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(State relevant circumstances, e,g" renunciation, death of executor, etc)
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Except as follows, Decedent did'not marry, was not divorced, and did not have a child born or adopted after execution of the ins.~ent(s) oq;ed
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: (no exceptions), ,:~~ ~~
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o B. Grant of Letters of Administration
(lfapplicable, enter,' eta,: d,b,nc,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: (If
Administration, c.ta. or d b.nc.t.a" enter date of Will in Section A above and complete list of heirs)
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 33 Etter
Road, NEwburq, Upper Mifflin Township, Cumberland County, Pennsylvania, 17240
(List street address, town/city, township, county, state, =ip code)
Decedent, then 90 years of age, died on JanuillY 7, 2008
Carlisle, Pennsylvania
m Carlisle Reqional Medical Center,
Decedent at death owned pr~perty with estimated values as follows:
(If domiciled in P A) All personal property
(lfnot domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$
$ .00
$ .00
$ 120,000.00
situated as follows: 33 Etter Road, Newburg, Ut>oer Mifflin Township, Cumberland Cormty, PA
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate fonn to
the undersigned: .
T ed or rinted name and residence
Gl;lY W. . Etter L Jr .
140 Bndge Road, Newville, PA 17241
Mildred L. [0.] Chestnut
23 Etter Road Newbur PA 17240
Form RW-02 rev, 10,13,06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBE:Rl.AND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
before me the.
, Ldayof
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Signature of Personal Representative GUY W. ETTER, ~.
Sworn to or affirmed and subscribed
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Signature of Personal Representative
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File Number:
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Estate of GUY W. ETTER
, Deceased
Social Security Number: 198-10-8875
Date of Death: January 7, 200R
AND NOW, January \ l\ , 200R , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Guy W. Etter, Jr. and Mildred L. Chestnut
in the above estate
and that the instrument(~ dated August 10, 2000
described in the Petition be admitted to probate and filed of record as the last Will (~) of Decedent.
FEES s~~ ~~
Letters . .\~I'C?9~.... $ .J\oO ~lllS
Short Certificate(s) . . . . . . . _. $ ~~ Attorney Signatur . . ;/
Renunciation(s) .......... $
Attomoy N,m" - -~ ~ -~~ffie, E"'JUi-toe
\J.:::)\\.\ ... $ \'S
0L~ ... $ \0
~b ...$ =>
,
. .. $
.. . $
... $
.. . $
.. . $
..'. $
TOTAL............ .'. $ '~I-\. ~
Supreme Court I.D. No.:
34349
Address:
200 N. Hanover Street
Carlisle, PA
17013
Telephone:
(717 )
243-5551
Form RW-02 rev. 10.13.06
Page 2 of2
Hl0)_XO:'i REv- IOJ/O])
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
P 13889073
Certification Number
This is to certify that the information here given i:
correctly copied from an original Certificate of Deatl
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
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. Local Registrar
Date Issued
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H105-143 REV 1112006
TYPE I PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
DD\J)3>
1. Name of Decedent (Rrst, rnktlIe, last, suIIiJ:)
Guy W. Etter
5. Age (las'"'rthday)
90
3/14/1917
Marion PA
VIS.
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ad. Facility Name (II not inslitullon, give street and number)
Carlisle Regional Medical
Center
12. Was Decedent ever in the 13. Decedent's Education (Specify only h91est grade completed)
U.S. AImed Forces? 8ementary I Secondary (Q.12) College (1-4 or 5+)
XJVes ON. 6
. 16. Decsdenfs MaMingAddtess (Street, city I town, s\ale, zip code)
33 Etter Road
Newburg, PA 17240
_rs
AcIua1Resic1ence 17a.SaIe
PA
Cumberland
17b. County
19. Mother's Name (Rrs(, midcIe, maiden surname)
Blanche Barnhart
18. Falher's Name (Arst, mickle, last, suffix)
Bruce Etter
2~'1140rs Bi'rdg~d'7",sNteez;,~i 11 e, PAl 7241
'%-':'w,;!'riie"":"'''''pt1 1 7241
210. ~'l"'ofDI_("'meof"""""c_i'.otheuIlI<e.
1/11/2008 Blg ~prlng ~resDI~erlan
Cemeter
~~~~al Home Inc 1
Newville PA 17241
20a. Inlormant's Name (Type I Print)
Guy W. Etter Jr.
I ApproxImate Interval:
: Onset to Death
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Due to (Of as a consequence of):
b.
OlJe to (Of 88 a consequence of):
d.
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of Couse of DosIh?
DYes ONo
3Oa. Was an ,AWlpsy
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31. Manner~ Death
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0- OPonclngl~
Os.- D CoUd Not be Determined
M.
32d.Tlm801lr1ury
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33a.Co<1Iller(checl<onlycnel
CertIIylng_ (PhjslclanC8fllfylngC8USllofdoe~_.nolher_ hasprooouncaddoe~.ndcompOlad ltam 23)
To tilt belt 01 my 1lnowIedge, deeth occurred due to the cause(1)tnd manner lllIaIetL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
~":r :=~~=::~~~cIea~~'::1oro::~~~~manneras stated.. ___ __ _ __ __ _____ __ D
::: bI=~ and I or Investig8tion,ln my opinion, de8th occurred at the time, date, and place, and due to the caun(S) III'Id manner as staIecL D.
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Disposition Permit No.
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2008
DOlher-Spec;fy
10. Race: American Indian, Black, While, ele.
~he
14. Menial Status: Married, Never Married,
W_,OMl"""(~
Widowed
~e~1 17cUVos,DecedonlllYadin Upper Mi ff 1 in
Townsh~? 17d.O No, DecodenlllYad_
Actual Umils 01
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Ave.
23b. license Number
(Jr; tJof99r-L
23c. Date Signed (Month, day, year)
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26. Was Case Relerred to MedIcal Examiner I Coroner for a Reason Other than Cremation or Donation?
o Yes EJN;,
Part!!: Enlerother!lmificanlCOl"dlionAlXlntt'itUinoloduth.
bulnoll'8suling InlheundeflytngcausegiYenin Part I.
28. Did Tobacco Use ContrIbute to Death?
D Yes OP-
IiJ,.lIo-"'O Untmoon
29.lfFemale:
o Not__nposty.,,,
o """"ntat,""of"'~
o Notpregnant,lllipregnanlwllhln42days
of"'~
o Not-'''''".,gnant<3dayslolyoar
befont"'~
o Un""""'__lhe""yoar
32c. P\ace 01 Injury: Home, Farm, Street, Factory,
OIfica_,etc.(SpoOIy)
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32g.locationoflnjury(Street, city/town, s\ale)
LAST WILL AND TEST AMENT
OF
GUY W. ETTER, SR.
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I, GUY W. ETTER, SR., of33 Etter Road, Newburg, Cumberland County, Pennsyl~ia,
being of sound and disposing mind, memory and understanding, do make, publish and declare this
to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils
heretofore made by me.
1
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. If! do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath all of my estate together with all insurance proceeds thereon of
whatsoever nature and wheresoever situate in equal shares to my children, GUY W. ETTER, JR.,
of Upper Frankford Township, Newville, Cumberland County, Pennsylvania, MILDRED D.
CHESTNUT, of Newburg, Cumberland County, Pennsylvania, BARBARA M. SCHOCK, of
Upper Frankford Township, Newville, Cumberland County, Pennsylvania, ROBERT L. ETTER,
1
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
of Newburg, Cumberland County, Pennsylvania, RICHARD G. ETTER, of Newburg, Cumberland
County, Pennsylvania, MARY D. STETS, of Newburg, Cumberland County, Pennsylvania, and my
grandson, TROY MILLER, of Newburg, Cumberland County, Pennsylvania, who survive me by
sixty (60) days per stirpes. It is further my desire that my personal representative, after consultation
with any heir or heirs of mine who survive me, and in his, her or its own discretion, choose such
articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other
tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir
or heirs or desirable for him or her or them to have, either from a sentimental point of view or
otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal
shares as determined by the further exercise of his, her or its discretion, provided no other heir
objects to the distribution. All tangible personal property not so distributed is to be sold, either
publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my
residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my
estate debts, taking into account the tangible personal property otherwise provided to them.
3
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
2
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
CD To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
3
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
4
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
5
I nominate, constitute and appoint my son, GUY W. ETTER, JR., and my daughter,
MILDRED D. CHESTNUT, as Co-Executors of this my Last Will and Testament. I direct that my
personal representatives shall not be required to give or post bond for the faithful performance of his,
her or its duties in this or any other jurisdiction.
6
I hereby declare it to be my express desire that my personal representative employ the law
firm of Michael J. Hanft, Esquire, of Cumberland County, Pennsylvania, for legal advice and
assistance regarding this my Last Will and Testament, they having considerable knowledge of my
affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the
administration of my estate, and the execution of the powers herein mentioned. Any mention of
Michael J. Hanft, Esquire in this my Last Will and Testament, is my free and voluntary act and
through no influence by any person.
4
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
this
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
/~ niday of August, 2000.
WITNESS:
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Guyw.b oW-
5
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, Guy W. Etter, Sr., the 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.
Guy W. <f:::t. AV'~
Sworn or affirmed and acknowledged before me by Guy W. Etter, Sr., the Testator,this
~
10 day of August, 2000.
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Notarial Seal .
Denise L. Nye, Notary Public unt
South Middleton Twp., ~umbFer1~n~~o 2ob1
My Commission Expires e. ,
Member, pennsylVania Association 01 NotarieS
6
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
and .-;z;" i t;:. /J-Jz I ~
witnesses whose names are attached to the foregoing document, being duly qualified according to
WE tfIf/~:r: ~
,
,the
law, do depose and say that we were present and saw Guy W. Etter, Sr., the Testator, sign and
execute the instrument as his Last Will and Testament; that he signed willingly and that he executed
it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in
the hearing and sight of the Testator signed the Last Will and Testament as witnesses and that to the
best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under
no constraint or undue influence.
P 1- lIP-
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Sworn or affirmed and subscribed before me by M (t IJ.~ 7. U~ and
----re"y (;;, {<)...JLUL this 10 ill day of August, 2000.
Notarial Seal .
Denise L. Nye. Notary Public
South Middleton Twp., ~umbFerlbn~~o~b1
My Commission Expires e. .
Member, pennsylVanlaAsSociatioo 01 NotarieS
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