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HomeMy WebLinkAbout04-02-08 PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of THOMAS W. ESHENBAUGH. JR.. alkla Thomas W. Eshenbauah Deceased File No. Social Security No. 716-09-8033 KURT R. WILLIAMS Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) o A. Probate and Grant of Letters Testamentary and aver that Petitioner is the named in the Last Will of the Decedent, dated November 10. 2004 Co-Executor The decedent also named his daughter. Gail N. Eshenbaugh to serve as Co-Executor of his Last Will and Testament. Ms. Gail N. Eshenbaugh has renounced her right to administer the estate and has nominated Kurt R. Williams to serve as sole Executor 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 instrument(s) offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person: D B. Grant of Letters of Administration (if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante absentia; durante minoritate ~me ~ I (COMPLETE IN ALL CASES): Attach additional sheets if necessary. Relationship Residence Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at '1920 Elm Street. New Cumberland. Cumberland County, Pennsylvania 17070 (List street, address, town/city, county, state, zip code) Decedent, then 93 years of age, died on March 24, 2008 at Holv Spirit Hospital, Camp Hill. PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property.....................................................................$ 975.000.00 (If not domiciled in PA) Personal property in Pennsylvania.....................................$ $ '"" (If not domiciled in PA) Personal property in County.................................................... ~ c:::::o Value of real estate in Pennsylvania......................................................................................................................$$ . ~5 oo~ i' ,~ T otal......................................................................................................... c;:.J ~ FS' ..--i Real Estate situated as follows: ;;a =:';="3 .:~~ Wherefore. Petitioners respectfully request the probate of the last Will presented with this Petition and th~fe?1~f Le~ in t~] ~::) appropriate form to the undersigned: 8~ .." s:-:-; 9. ,.1 , C 3 :"'1 Si nature T ed or rinted name a~ idence N 1: tW 1-, tt/ It 'att(-- KURT R. WILLIAMS 441 Tom's Road Harrisburg, PA 17112 o Q) Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. <<: ~ ~. iJ0cu&- KURT R. WILLIAMS Sworn to and affirmed and subscribed Before me this ? (\d. day of ~ -m_ Estate of .2008. l FileNo. THOMAS W. ESHENBAUGH, JR.. a/k1a Thomas W. Eshenbaugh , Deceased. Social Security No: 716-09-8033 Date of Death: March 24. 2008 AND NOW, ./)/)f/ ct2 if ~jJ ,2008, in consideration of the foregoing Petition, satisfactory proof having been present d before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to KURT R. WILLIAMS in the above estate and that the instrument dated November 10.. 2004 $ LoLLn. (}J $ ~(j .0;) $ 6. bD $ $ $ $~ $ $ and filed of record as the Last Will of the Decedent. -,r:i FEES Letters........................... Short Certificate(s) Renunciation............. . Affidavit ( ).................. Extra Pages ( )....... Codicil............................ JCP Fee....................... Inventory...................... Oth~r;,."(r.................... TOT AL......... ~; r" il iCO?") '..'-) CO) '.:...~.) ~~r; ;.~ ~~ o 0) Attorney Signature: Attorney: EDMUND G. MYERS I.D. No: 20558 Address: Johnson, Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne, PA 17043- Telephone: 717-761-4540 $ 5,00 15.0D llS,nD -lO f.ij~ 1{1()5~05 RE\ ((ll/(f")) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Certification Number ,'I","~~(1\rOrpl,i---____ ,l~~J);\. f~~.. - ,~'- ~~i on .. -~ \~~ ~B\' .-:~:'. ,ii:~ ... \:. ," " ~ l * ,,, '._-~' 'I *$ \~ =~- I..:~l ....-.>" ... A~\\ ""'-. ~,fJ:i;--- ~ 't.~ I"l' .....__.", ENl \\ lillI'" """"'##11'111/1 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. thn., /7; ~ MAR 2 71008 Local Registrar Date Issued Fee for this certificate. $6.00 P 14328215 Kind 01 work done duf'i most 01 WOfki life. Do not state retir Kind 01 Business {Industry Pa er Company 13. Decedenfs Educalioo (Specify only highest grade completed) Elementary {Secondary (0-12) College (1-4 or 5+) 10 ~~ g~~ ~Ct5~ ~~~ ..... ~--t) _" ,n '..!..I '.-) ~!) C.) C/~ :i.J ;:;.._! C~~) :..~ (C:! "" ~:J ~.O) C..) ~ I -it-." -i-i \) .:-1 -Yi REV 1112006 PAINT IN MNENT CK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) Jr. 6. Date of Birth (Month, cia, ear) 7. B1r1hp1ace (Cttyand state orfo July 28, 1914 West Fairview, o Residence DOIher- Specify. IJ No 0 Yes 10. Race: -AmeriCan Indian, Black, While, etc. 1Spec;~ Bel. Facility Name (" not instiMion, give street and number) Holy Spirit Hospital White 17070 12. Was Decedent ever in the U.S. Armed Forces? OYe, KlNO Decedent's Actual Residence 17a.State 17b. County 14. Marital Status: Married, Never Married, Wklowed, Divorced (Spec;~ Widowed 1920 Elm Street New Cumberland, PA Pennsylvania Cumberland Did Decedent Live ina Township? 17c. Dyes, Decedent lived in 17d. ~ No, Decedent Uved wilhI1 Actual Umitsof Twp New Cumberland City/8oro 18. Father's Name (First, midcle, last, suffix) Thomas W. Eshenbau h, Sr. 208. Informant's Name (Type I Print) 19. Mother's Name (First, middle. maiden surname) Flora Lieb 2Ob. lnfonnanfs MaUiog Address (Street, city I town, state, zip code) 16667 Hunnicut Road, Cambrid 21c. Place of Disposition (Name 01 cemetery, crematory or other p1llC&) Cremation Societ of PA Auer Memorial Home and 47327 d-t1 03' 26. Was Case Referred to Mecftcal Examiner I Coroner for a Reason Other than Cremation or Donation? o Yes ONO 308. Was an Autopsy Performed? OYes~' 3Ob. Were Autopsy Findings A'lailable Prior 10 Complelioo of Cause of Death?/ o Yes /0'1'0 31. oIDea~ Approximate interval: Part 11: Enler other slonfficant condtions contr\bu!jna to death, 28. Did Tobacco Use Contribute to Death? Onset to Death but not resulting in the undertying cause givel1 in Part I 0 Yes 0 Probably o No ~known 29.11 !emay EJ.1qOt pregnant within past year o Pregnant at time of death o Not pregnant, but pregnant within 42 days of deatn o Not pregnant, but pregnant 43 days to 1 year before death o Unknown K preg:1ant witl1in the past year 32c. Place of Injury: Home, Farm, Street, Factory, Office Buildiog, etc. (Spec;Iy) ~:~~S:d:~\dise~~ ~\~~~';~~;a En~ UNDERLYING CAUSE (disease or if:Ijury that initiatedthl! events resulting lr1 death) LAST. Due to (or asAlcon~uence of): b tlfl/tt1. / Due to jor as a consequence 00: c. Due to (or as a consequence of): d. ahlral 0 Homicide o - 0 Pending tnV8'1igation o Solcide 0 Co". N~ be Determined M. 321. If Transportationlntury (Specify) o Driver! Operator 0 Passenger DPedeslrian OOthe, . Specify: 33b 32g. location ollniury jStreel, city ( town. state) 32d. Trme of Injury 35. Registrar's s~re and District ~ ~~ lolt/I~I/I" 36. 0'1 Filed (Mon~ day, year) .$ .;<.7/ P y- 338. Certifier (check only one) Certifying physk:lan (Physician certifying cause of death when another physician has pronounced death and compIeled ~em 23) To the belt of my know6edge, death occurred due to the cause(a) and manner 81 statmL........ _...................................................... ~=:~~~ ~~:.::c~=; :;1~~~e::~~:rt~~i~~::~:8a~ manner 88 stated_.......... ............ ............ 0 ~:' ~:~m::,~= and I or investigation, In my opinion. death occurred at the time, date, and place, and due to the cause(s) and manner as stated.. 0 ni...nn...i1inn P~rmil No 01 Q'iR17 1Jlant lUill an~ w.entam.ent OF ......'1 C;:) = c::o ))00 -0 :::0 I N (") c :s:~ OJ ""U :n.. ~(") frl h; ,..... ~ zen o c>8~ ~ P?5 - :0 ---f ~ I, THOMAS W. ESHENBAUGH, of the Borough of New CumberlanlCumber@d THOMAS W. ESHENBAUGH County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils made by me at any time prior hereto. ARTICLE I DEBTS 1 direct the payment of all my legal debts, and the expenses of my last illness and funeral as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. My Personal Representative(s) shall dispose of such items of my tangible personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere or otherwise properly identified by my Personal Representative(s) within thirty (30) days after the probate of my Will, it shall be presumed that there is no such written list. C") r"') '.i:i~n ...., - .." ;? ~~~ (....') r"-) '{l I give and bequeath my motor vehicle(s) and the remainder of my household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my daughter, GAIL N. ESHENBAUGH, provided she surVIVes me. ARTICLE III SPECIFIC DEVISE OF REAL ESTATE I devise and bequeath all of my real estate situate in Halifax Township, Dauphin County, Pennsylvania, together with all improvements and equipment thereon, unto my daughter, GAIL N. ESHENBAUGH, provided she survives me. ARTICLE IV REST, RESIDUE AND REMAINDER. I give, devise and bequeath all the rest, residue and remainder of my estate, of whatever nature and wherever situate, unto my daughter, GAIL N. ESHENBAUGH, provided she survives me. If my daughter, GAIL N. ESHENBAUGH, predeceases me, I give, devise and bequeath all the rest, residue and remainder of my estate as follows: A. Two-ninths (2/9\h) thereof unto GRACE UNITED METHODIST CHURCH, 216 State Street, Harrisburg, Pennsylvania, in honor of my wife's mother and father, Alma Sible Neefe and Leon F. Neefe; B. Two-ninths (2/9\h) thereof unto SAINT MARK'S EVANGELICAL LUTHERAN CHURCH, 99 Second Street, West Fairview, Pennsylvania m memory of my parents, Mr. and Mrs. Thomas W. Eshenbaugh, Sr.; 2 C. One-ninth (1/9th) thereof unto the WORLD WILDLIFE FUND, 1250 24TH Street NW, Washington, D.C. 20077-7702; D. One-ninth (1/9th) thereof unto HOL Y SPIRIT HOSPIT AL, Camp Hill, Pennsylvania; E. One-ninth (1/9tl1) thereof unto the HUMANE SOCIETY OF HARRISBURG AREA, INC., 7790 Grayson Road, Harrisburg, Pennsylvania; F. One-ninth (1/9tl1) thereof unto the VOLUNTEERS OF AMERICA, 2112 Walnut Street, Harrisburg, Pennsylvania; and G. One-ninth (1/9tl1) thereof unto THE SALVATION ARMY, 1122 Green Street, Harrisburg, Pennsylvania. ARTICLE V POWERS OF PERSONAL REPRESENTATIVE(S) My Personal Representative(s) shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. B. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. 3 C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. D. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. E. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other tax refunds and the payment of such taxes as my Personal Representative and/or Trustee shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. ARTICLE VI PERSONAL REPRESENTATIVE I name, constitute and appoint my friend, KURT R. WILLIAMS, and my daughter, GAIL N. ESHENBAUGH, Co-Executors of this my Last Will and Testament. Should either fail to qualify or cease to so act, I direct that the other shall complete the administration of my estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. 4 If ... ~N. i,I~NESS WHEREOF, I hereunto set my hand and seal this N v~ ,2004. loa day of /L. _/.AI ~ ~AL) THOMAS W. ESHENBAUGH Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of use, who at his request, in his presence and in the presence of each other have hereunto subscribed our name as witn ses. L -li:dz~ b--L &()~ ~ 5 AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, THOMAS W. ESHENBAUGH !lit ~ C,4 >J- ~ and Cd7?1tt#1ct' c; /Ylt([/f5 ' the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~bJ~~ AS W. ESHENBA 1j;;J fi \,,--/~ ',f-llip-,' t~ Itness wbr Sworn to or affirmed to and subscribed to );>efore me by THOMAS W. ESHENBAUGH, Testator, and (feltSSri fJ-eeJ 9 jl-pp~ and C>dmtu-?d 9- n:!!ic..c2/S , . esses, this /0<< day of I/tJ 1P.rn i::1.Vt , 004. Notarial Seal Nina June Davis, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Oct. 31. 2006 Mf:lM~~I'. O,,'v'l.~,/!v,'?-"'l~? A,~~~c!.:l~!onofNotaries ~ ~' ~ IJ'tfi) Notary Pubh My Commission Expires: .II0095v2 6 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of THOMAS W. ESHENBAUGH, JR., alk/a Thomas W. Eshenbaugh , Deceased I, Gail N. Eshenbaugh, in my relationship as Daughter of the above named Decedent and named Co- EX1ecutor of the Will dated November 10, 2004, hereby renounce the right to administer the Estate of the Decedent and respectfully requests that Letters Testamentary be issued to Kurt R. Williams, named Co- EX1ecutor. WITNESS my hand this 2 M\ day of 1hlor (Date) Executed in Register's Office Executed out of Register's Office COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Before the undersigned personally appeared the party executing this Renunciation and certified that she executed the Renunciation for the purposes stated within on this _ day of ,2008. Notary Public My Commission Expires: (") ~O to! 'n ~p -]> ZgJ :2:CI5^ 080 8c:" ::?:1 "Il ~ c::. = co )> ." :::t1 I N ." :x ~ o CD C:.t 0 - ..~. ~~}-~ ~; ~;1 ~~) ',',