HomeMy WebLinkAbout03-25-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of JANE L. EICHELBERGER
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~, V~ 1 ~(J~
Social Security Number 179-12-4695
Petitioner(s), who is/are 18 years of age or older, apply(ies} for:
(COMPLETE 'A' or 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the CO-EXECUTORS
last Will of the Decedent dated SEPT. 23, 2008 and codicil(s) dated
named in the
(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 bom 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:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durante absentia; durante minoritate)
ny
r,
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~e~f any) an~,~ieirs: (If
,4drninistration, c.t.a. ord. b. n. c.t.a., enter date of Will in Secrion ,4 above and complete list of heirs.) , ~ ~:;;,
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Name Relationshi Residence-~> -
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ N '
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at
3820 CONESTOGA ROAD CAMP HILL HAMPDEN TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 17011
(List street address, town/eity, torovnship, county, state, zip code)
Decedent, then 87 years of age, died on MARCH 15, 2009 at HOLY SPIRIT HOSPITAL, Camp Hill, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 10,000.00
(If not domieiled in PA} Personal property in Pennsylvania $
(if not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 100,000.00
situated as follows: 3820 Conestoga Road, Camp Hill, PA 17011
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 form to
the undersigned:
JUDITH A. SNELL 1105 Cherrington Dr., Harrisburg, PA 17110
Y./~LL~1 n ~ r I LARRY E. EICHELBERGER 511 Sharon Ave., Mechanicsburg, PA I7055
F~o,~„~ nw--~~ r~,~. ir~.r3.oe Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed `~~G~c~:t~L~- ~ ~i~i o~ ~
Ems}
Si nature of Personal Representative i
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before me the c ~~ day of ~p
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~~ Signatu fPersonnlRepresentative -r-E ~,~
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~ FOT the ReglSter Signature of Personal Representntive ~; _
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File Number: ~ ~ V ~ G
Estate of JANE L. EICHELBERGER
Deceased
Social Security Number:~1+79.-1~27~-4695 l- Date of Death:MARCH 15, 2009
AND NOW, , in consideration of the fore oin Petition, satisfacto roof
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having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to JUDITH A. SNELL and LARRY E. EICHELBERGER
and that the instrument(s) dated SEPTEMBER 23, 2008
described in the Petition be admitted to probate and filed of
FEES
Letters .... ~ lG'; ,t~QU .. $ ,-~CD~
Short Certificate(s) ...CO.... $ ~~
Renunciation(s) .......... $
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.__l~ ~ ... $ io_
~/ ... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $ ``l`1L"
in the above estate
as the last Will (~nd Codicil~s~) of Decedent.
Register of Wills /'
Attorney Signature: ~i'G ~- ~.--- _
Attorney Name: SA MARIE COYNE, ESQ.
Supreme Court I.D. No.: 53788
Address: 3901 Market Street
Camp Hill, PA 17011-4227
Telephone: 717-737-0464
Form RW-OZ rev. 10.13.06 Page 2' Of 2
OCAL REGISTRAR'S CERTIFICATION OF ®EATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee ILtr this rertitTcate. `i(~.~)(1
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C'ertiicatiun 'tiulnher
phis i~ [~ certi*~ tttal the int~rrmatinn here /~i~en is
ax-rertly cLTpieu tnYln a)~ (~ri~inal Ccl~ti!ic~lte f~f [~e,(th
dull' flied wi?h me a5 Lo~ai 1Ze~ish-~n~. The ori~"?inal
certificate U il( 1,e Sor~~~arded u~ the Stine ti'itai
Records C)t'fil~e fn(~ I~ermanent itilin:~.
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS "~
CERT{FICATE OF DEATH ~ 1 n ~ (~ ~ ~ 1
(See instructions and examples on reverse) STATE FILE NUMBEfl l ' I t n"f
t Name of Decedem (First. mitlae, Iasi suPov) 2. Sex 3. S«al Security Number 4. Dale of Deam (Manor. day, yeah
f~~ c L E/C N EL E~EsTE~ female - /" - 3 /S
5 Age (Last Blnhdayl Under 1 year Untlur 1 day 6 Date of Binh (Manor. day, year) 7. Banpl«e (City era stale or foreign carmrYl Sa. Place of De (Check on one)
Abnms Days W,urs Minu,er ~/ ,Hospital'. Other'.
~Yn // /~ I // / 'z / H3lrishur PA IYl lnpuliem ^ EP I Owpabenl ^ DOA ^ Nu,:,ing Hume ^ HesMance [J(ilr,er - Speury
fl0 Gouruy oI DeaIN &. Gty, Boru, Twp. ut Death Bd Facility Name 111 not insamian, give skeet end nameq 9. Was Decedem of Hispank Ongn? No ^Yes t0. Race. AmarkM mdwt, Bbck, Wlitie etc
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t T Decedent's Usual Occ Lion Kira of woM data dwin most of worts Gb Do rot stale reared 12. Was Decetlenl ever ut me 13. Dxcetlenl's Etlucmxm (Specify only hrgnesl grade dompl6letl) 14. Marital Slalua. Married, Never Married, 75. $urwvxtg Spouse 111 wee, give mattlen name)
Kind al Work Kea W Busutass 1 kAustry U.S. Armed Forces? Elementary 1 Seconaery (P t2) Cdlage (1 ~1 or 5r) Waowea Divorced (Speedy)
secret attorne office ^Yea c~N° 12 'c3
i6 Decedent's Malang Address (greet. my I sown, stale, zip cotle) Decatlem's Da Decedent
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Decadent Lived m HatnLrlk~n Try
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Femer's Name (First midde. last. siilax) -
tS 19- Amlher's Name (Fxst, rtriddb, marten surname)
. Iva Coble
Her L• Morrisse
2t)a fntoimanTs Name (Type I Pnntl 20b. Informant's MaJin9 Address (greet, city I sown, sale, zp cork)
Larry E. Eichelberger 511 Sharon Ave., Mechanicsburg, PA 17055
2ta Mahod of Disposm°n i [~ Cremation ^ Donaliun 2tb. Dale of Dlsposifion (Maxh, day, year) 21 c. Place W Disposilmn (Name W cemetery, aenatory a omzr pbce) ltd. L«awn ICiry %lown, state. zp codel
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C°mgkte uems 23a~c when cenityug 23a. To the 1 of my krowtetlge, deem «cunea al the arye, dale and pace staled. (SrcyraWre arai litls) 23b. license Number
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death occurred dW to Ns causHel and manner as sb4d. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ ~)
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I, JANE L. EICHELBERGER of the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, declare this to be my Last Will and revoke any Will or Codicil
previously made by me.
ITEM 1: Upon my demise, I direct my body be released to Malpezzi Funeral Home,
sburg, Pennsylvania where I have pre-arranged and pre-paid funeral and burial services. I direct
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~a funeral Mass be held at Good Shepherd Roman Catholic Church, Camp Hill, Pennsylvania and my body
laid to rest in a plot adjacent to my beloved husband, Nestor Eichelberger in Gate of Heaven Catholic
Cemetery, 1313 South York Street, Mechanicsburg, Pennsylvania.
ITEM 2: I direct that all my funeral expenses be paid as soon as practical after my death.
ITEM 3: I direct that all taxes that may be assessed in consequence of my death, of
'r nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of
he expense of the administration of my Estate.
ITEM 4: I give, devise and bequeath my one and one-quarter (1'/4) diamond engagement
and my silver ring with a diamond which was purchased in Switzerland to my daughter, JUDITH A.
~L of 1105 Cherrington Drive, Harrisburg, PA 17110.
ITEM 5: I give, devise and bequeath my diamond drop necklace to my great-
SARAH L. ROBERTS, of 139 S. 7t" Street, Mt. Wolf, PA 17341.
Page 1 of 8
ITEM 6: I give, devise and bequeath my mink coat to my great-granddaughter, KATIE M.
EICHELBERGER of 202 Encampment Court, Spring Grove, PA.
ITEM 7: I give, devise and bequeath my antique dishes located in my kitchen and marked
with masking tape and my initial "E" silver flatware to my son, LARRY E. EICHELBERGER and his
wife, MIRIAM EICHELBERGER of 511 Sharon Drive, Mechanicsburg, PA 17055.
ITEM 8: I give, devise and bequeath my collection of twenty (20) antique pitchers to be
divided evenly among my daughter, JUDITH A. SNELL of 1105 Cherrington Drive, Harrisburg, PA
17110 and to my niece, PATRICIA EAGLE of 430 Bonnymead Road, Harrisburg, PA 17111. If no
agreement can be made regarding the division of the pitchers, I direct that the pitchers be sold at a public
or private sale and become part of my residual estate.
ITEM 9: I give, devise and bequeath all my furniture to my son LARRY E.
EICHELBERGER and my daughter, JUDITH A. SNELL, to share and share alike, as they may agree. If
cannot agree upon the division of the furniture, I direct that the furniture be sold at public or private
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sale and become part of my residual estate.
ITEM 10: I give, devise and bequeath the sum of FIVE THOUSAND DOLLARS
,000.00) to GOOD SHEPHERD ROMAN CATHOLIC CHURCH, 3435 Trindle Road, Camp Hill, PA
117011.
ITEM 11: I give, devise and bequeath the sum of FIVE THOUSAND DOLLARS
,000.00) to HOLY SPIRIT HOSPITAL 503 North 21S` Street, Camp Hill, PA 17011.
ITEM 12: I give, devise and bequeath the sum of TWO THOUSAND FIVE HUNDRED
($2,500.00) to each of my Grandchildren, Great-Grandchildren and Great-Great Grandchild,
living thirty (30) days after my demise.
Page 2 of 8
ITEM 13: I direct that all the rest, residue and remainder of my estate, wherever situate,
together with insurance thereon be liquidated as soon as possible by either public or private sale and the
residual of my estate be distributed as follows:
A. Fifty percent (50%) to my daughter, JUDITH A. SNELL, per capita; and
B. Fifty-percent (50%) to my son, LARRY E. EICHELBERGER, per capita. I direct that
all advancements made by me in my lifetime to my son, Larry E. Eichelberger, and
charged or noted by me as an advancement, shall be taken and considered as part of his
share of the residue of my estate under this Will, and shall be accounted for accordingly.
The said advancement have been acknowledged by my son, Larry E. Eichelberger and
are contained in a separate document, which my son executed. The determination of my
daughter, Judith A. Snell as to what constituted an advancement shall be binding on any
son, Larry E. Eichelberger.
Should either of my children, noted above, predecease me or are not living on the thirty first
x(31 S`)day following my death, I direct that the share of that deceased child be distributed to my surviving
(child.
ITEM 14: Should any beneficiary entitled to a share of my estate not have attained the age
twenty-five (25) years at the time of distribution to him or her, I devise and bequeath the share of such
to the SURVIVING PARENT of the said beneficiary, as Trustee to be held in separate trusts,
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hold, manage, invest and reinvest the share so received, in accumulation of income thereon, and to use
apply the income and principal, or so much thereof as, in Trustee discretion, may be necessary or
for such beneficiary's maintenance, support, and education (including college education, both
ate and undergraduate) without regard to his or her parents' ability to provide for such maintenance,
or education, or to make payment for these purposes, without further responsibility, to such
s parents or to any person taking care of such beneficiary. Any principal or income not so
shall be distributed to such beneficiary absolutely when he or she attains the age of twenty-five
Page 3 of 8
;25) years. If he or she dies before attaining the age twenty-five (25), the Trust shall terminate and such
share shall be distributed to his or her personal representative. Should the principal of any trust herein
provided for be or become too small in the Trustee's discretion so as to make establishment or
:.ontinuance of the trust inadvisable, the trustee or my personal representative may, without court
approval, make immediate distribution of the then-remaining principal and any accumulated or
undistributed income outright to the person or persons and in the proportions they are then entitled to
income. Upon such termination, the rights of all persons who might otherwise have an interest as
succeeding income beneficiary or in remainder shall cease.
ITEM 15: In the event any legatee or devisee named in this will dies under such
circumstances that there is not sufficient evidence to determine absolutely whether such legatee or devisee
survived me, I direct such legatee or devisee shall be presumed to have predeceased me and devise and
bequeath the gift in favor of that legatee or devisee to such persons and in such manner and in such
proportions as set forth in this will for distribution if the legatee or devisee predeceased me.
ITEM 16: My Co-Executors, trustee or their successors shall have the following powers in
addition to those given by law to be exercised by them in their absolute discretion, which powers shall be
licable to all property held by them, effective without the order of any court and until the actual
distribution of all such property:
a. To retain any investments at discretion including stock of any corporate fiduciary
~ hereunder or of a holding company controlling it;
~~ w b. To invest and reinvest in the co-executors' or trustee's discretion as permitted under Act
w 28 of 1999, as amended, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and
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corporation or a holding company controlling it, as my co-executors and trustee deem appropriate;
Page4of8
c. To sell, to grant options for the sale of, or otherwise convert any real or personal property
or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such
terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments
and transfers thereof without liability of any purchaser to see to the application of the purchase money;
d. To borrow money and to secure the repayment thereof by mortgage of real or personal
property, pledge of investments or otherwise, without liability on the part of the lenders to see to the
application thereof;
e. To compromise claims by or against my estate or any trust created hereunder;
f. To allocate and distribute different kinds or disproportionate shares of property or
undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each;
g. To register investments in the name of a nominee or to hold the same unregistered in such
'form that they will pass by delivery;
h. To join in any recapitalization, merger, reorganization or voting trust plan affecting
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investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and
generally to exercise all rights of security holders;
To manage, operate, repair, alter or improve real estate or other property, and to lease real
and other property upon such terms and for such period as my co-executors and trustee deem
advisable even for more than five (5) years and beyond the duration of any trust;
j. To deduct administration expenses upon either the federal estate tax return or fiduciary
income tax return with or without adjustment as between principal and income, as my corporate or
isinterested co-executors shall determine;
k. To associate with them in the absence of a corporate fiduciary, an accountant, custodian
investment advisor, and other agents and to compensate them from principal or income or both, as my
utors or trustee shall determine, such compensation to be a reduction of the compensation of my
or trustee;
Page 5 of 8
To associate with them at any time, in their absolute discretion and of their choice, a
corporate fiduciary which shall have the same powers as my co-executors or trustee, such designation by
my co-executors or trustee and acceptance by a corporate fiduciary to be in writing;
m. To combine, without prior court approval, any trust herein with any other trust with
substantially similar provisions, although such other trust may have been created by separate instruments
and by different persons, and, if necessary to protect different future interests, to value the assets at the
time of such combination and to record the proportionate interest of each separate trust in the combined
fund; provided however, that no such combination shall be permitted if the effect of such combination
would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or
more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable; or
(3) to cause the loss of the exempt status of one or more of such trusts from the imposition of the
generation-skipping tax;
n. To exercise any stock options which they may receive; to borrow such funds from any
source as my co-executors or trustee may deem necessary for the exercise of such options; and to pledge
assets as my co-executors or trustee deems appropriate for this purpose;
o. No trustee shall be required to qualify before, be appointed by, or, in the absence of a
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breach of trust, account to any court (and failure to account alone shall not be considered such a breach);
nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or
decision granted hereunder;
p. To allocate any generation-skipping transfer tax exemption from the federal generation-
ing transfer tax to any property to which I am deemed the transferor under the provisions of Section
2(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred under
my will and any property not in my probate estate and any property transferred by me during life as to
no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios
le to such transfers to be zero;
Page 6 of 8
q. To disclaim any interest in property without court approval; and
r. To do all other acts and things necessary or appropriate in the management,
administration and distribution of my estate or trust.
ITEM 16: Until distributed, no gift or beneficial interest shall be subject to anticipation or
voluntary or involuntary alienation.
ITEM 17: I appoint my son, LARRY E. EICHELBERGER and my daughter, JUDITH A.
SNELL Co-Executors of this my Last Will; subject however, to my directions in Item 13(B) that my
daughter, NDITH A. SNELL, shall have the sole and final determination of the amount of my
advancements to my son, LARRY E. EICHELBERGER.
ITEM 18: I direct that my personal representatives, trustees, or their successors, shall not be
required to give bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, this ~'~~ day of .~• , 2Q08.
`~aC-o~~ -c e'T ` -`~"-''
3f NE L. EICHELBERGER
Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and
in our presence, who, at her request, in her presence and in the presence of each other, have
subscribed our names as attesting witnesses.
~ ~ ~ residing at ,~/~ c~_ ~~~-,-.
L?
~`
;~;,r-~.~_., ~ 1...~'~-z,,c,/ residing at j~ y }yu.~~~~ ~.~,r~.~ ~ ,~.~ l hi ~'
Page ? of 8
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF CUMBERLAND )
We, JANE L. EICHELBERGER, ~r 1 ~'-.'.,.i .3, ~L: .F ,, ` and
~1~ ~~'~ . ~ ~~- ,the Testatrix 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 Testatrix signed and executed the instrument as her Last Will and that she had signed
willingly, and that she executed it as her free and voluntary act for the purpose 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 his or her knowledge, the Testatrix was at the time eighteen (18) years of older, of sound mind
and under no constraint or undue influence.
~"-PANE L. EICHELBERGER
Wim }
Witness
Subscribed, sworn and acknowledged before me r~ Le ~C! -7r--x_- by
LANE L. EICHELBERGER, the Testatrix, and subscribed and sworn to before me by
~ x3 • ~~r .~ ~ and ~~ r1~ ~ f ~2 . ~ ~~2 ~,.z.~u ,the witnesses, this
-.~ 3' day of ~~,b-~, {1c_.~, , 2008.
c
Notary Public (S L)
OtM1M Attk of i+ENNSrt~tt~-MtA
._..._~
NOTARIAL SEAL.
N~nryr F. Coyne, Notary PuWiC
Nsn+pd~n Township, Cumb~rNnd County
Page 8 of 8 itAy Comn+ission Expires Jung t 7, tot 2
ACKNOWLEDGMENT
I, Larry E. Eichelberger of 511 Sharon Drive, Mechanicsburg, PA 17055
acknowledge that in June 2008 I received from my Mother, Jane L. Eichelberger of
3820 Conestoga Road, Camp Hill, Pennsylvania 17011 the advancement of Sixty
Thousand Dollars ($60,000.00) from her estate.
IN WITNESS WHEREOF, I have set my signature hereto on the ~; ~" day of
~~~ ~ ~~ r~c~. 2008.
WITNESS:
x
~ A
~~~ ~~
NE L. EICHELBERGE
~. ~~~~~
LARRY ICHELBERGER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
On the ~~, day of ~' ~ ~ ..P 2008, before me, the subscribed, a
Notary Public, in and for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared the above named LARRY L. EICHELBERGER, and
in due form of law acknowledged the foregoing Acknowledgment to be his act and
Deed.
(SEAL)
Notary Pub
o~gMwtAltN Oi -ENNlVlYAN1A
NO'fAR1At SEAL
Henry F. Coyno, Notaryl Puflia
Nampdtn TpwnsAip, Cum11MMMC~Mt1/
My Commission Expiry ~IIM 1! ~1!
Page 1 of 1