HomeMy WebLinkAbout10-12-09
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Richazd M. Etter, Sr.
also known as
COUNTY, PENNSYLVANIA
Deceased
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
File Number _ ~ < S
Social Security Number 207-22-0147
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Gladys R. Etter named in the
last Will of the Decedent dated July 16, 2003 and codicil(s) dated
(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: ~~ ~XC~aTiaV<
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; db.n.c.t.a.; pendente life; 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.t.a. or d.b.n.c.t.a., enter date of Will in SectionA above and complete list of heirs.)
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(COMPLETE WALL CASES:) Attach additlonal sheets ijnecessary. ;. ~--
Cumberland
Decedent was domiciled at death in County, Pennsylvania with his /her last principal resrttbzit~e at
12 Limekiln Road Cazlisle PA 17013 . C/1dL~GTr'fJ jZvQ, ' !"`>c7 ~
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(List street address, town/crty, township, county, state, zip code) ' ~'~ '~
Decedent, then 76 years of age, died on August 12, 2006 at Cazlisle Regional Medical Cen~}~ ~D
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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 $ 12,863.00
situated as follows: 45 Mountain Top Drive, Upper Mifflin Township, Cumberland County, PA -- 1/3 interest
Form RW-02 rev. 10.13.06 Page 1 of 2
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:
~.~
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
Estate of Richard M. Etter, Sr. ,Deceased
Social Secu~ri~ty ^Nu jmb~er~: 2Q07/-22-0147 Date of Death: August 12, 2006
AND NOW, t, K ,I"C~-~"~ l ~ ~~~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Gladys R. Etter
in the above estate
and that the instrument(s) dated July 16, 2003
described in the Petition be admitted to probate and filed of recQ~ as the last ill (and Codic}l(s)) of decedent
FEES
Letters ............... $ W ~" ~
Short Certificate(s) ........ $
Renunciation(sl • , ~. ~~.::: $
} $
... $
U. ... $
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: 16453
$ Address:
... $
... $
... $
' ' ' $ Telephone:
... $ ~_
TOTAL .............. $
Wills
E. Johnson,
78 West Pomfret Street
Carlisle, PA 17013
717-243-0123
For,,, ttW-oz rev. 10.13.06 Page 2 of 2
administer the estate according to law.
_ __
HiOSRpS RL~~ 1/OS
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 filin
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WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 12726809
No.
N105.1/7 REV.amma COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPEIPRNTN
' CERTIFICATE OF DEATH
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AUG 15 2D06
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~_ ~ ~ ~ "~ ~ LAST WILL AND TESTAMENT
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,~~ r=:_ ~,., I,c~~HARD M. ETTER SR., of West Pennsboro Township, Cumberland County,
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Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make,
publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils heretofore made by me.
ONE. I direct my Executor or Executrix, as the case may be, to pay all of my
debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore,
I direct that all state, inheritance, succession and other death taxes imposed or payable by reason
of my death and interest and penalties thereon with respect to all property composing of my gross
estate for death tax purposes, whether or not such property passes under this Will, shall be paid
by the Executor or Executrix of my estate.
TWO. My Executor or Executrix may, at his or her discretion, compromise
claims, borrow money, retain property for such length of time as he or she may deem proper;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to legal investments
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell
any realty and/or personalty owned by me at my death and not specifically devised or bequeathed
herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale
therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and
empowered to engage in any business in which I may be engaged at my death, for such period of
time after my death as seems expedient to said Executor or Executrix.
~~,~~~
TIIREE. I give, devise and bequeath all of my estate of whatever nature and
wherever situate to my spouse, GLADYS R. ETTER.
FOUR. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, I then give, devise and bequeath any interest I may have in the real property
and cabin located in Upper Mifflin Township, Cumberland County to RICHARD M. ETTER JR.
and RAY E. WISER, or the survivor of the two of them. To the extent that both of these
individuals disclaim their interest or predecease me, then in that event this specific bequest shall
become part of the residuary of my estate.
FIVE. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, I then give, devise and bequeath those articles of my household furniture
and furnishings and those articles of my personal effects and personal property as set forth in a
separate memorandum, which I shall place with my Will or with my attorney, to the persons
thereon designated.
SIX. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, it is my desire that my then living children have the first right to purchase
my residence for the minimum price of the then current appraised value, as determined by a
qualified appraiser, or the highest bidder among those children interested in the property.
Notwithstanding the above, to the extent that none of my children express interest in writing to
purchase my residence for whatever reason within thirty (30) days from the date of my decease,
settlement to be held within sixty (60) days thereafter, then in that event my residence shall be
sold and the proceeds distributed in accordance with the residue of my estate as directed in this
my Last Will and Testament.
~~
SEVEN. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, then in that event I hereby give all the rest, residue and remainder of my
estate in equal shares to those of my children who are living at the time of my death, absolute.
EIGHT. In the event of a common disaster causing the death of myself, my spouse
and all of my children, all within a period of sixty (60) days, then I give, devise and bequeath the
rest, residue and remainder of my estate to my then living grandchildren, in equal shares, per
stirpes, which provides that the child or children of any deceased beneficiary shall take the share
their parent would have taken if living.
NINE. If, under any of the provisions of this Will, any principal becomes vested
in a minor, my Executor or Executrix, as the case maybe, including any administrator c.t.a., shall
have the discretion either to pay over such principal or any part thereof to any parent of such
minor, any guardian of the person or estate of such minor, or any person with whom such minor
resides, or to retain the same as trustee of a power in trust for the benefit. of such minor during his
or her minority. Any of the principal thus retained, and any of the income therefrom, including
the whole thereof, may be paid to or applied for the benefit of such minor from time to time in
the discretion of the trustee of such power. When such minor reaches majority, the funds so held
shall be paid over to such person, or, if he or she shall sooner die, to his or her legal
representatives. In so holding any principal or income for any minor, the trustee of such power
shall have all the rights, powers, duties and discretions conferred or imposed upon my fiduciaries
acting under this Will. I further direct that no bond shall be required from any person receiving a
payment hereunder and receipt from such person shall be a full discharge to the trustee of such
power who shall not be bound to see to the application or use of such payment. The trustee of
such power shall be entitled to commissions at the rates and in the manner payable to a
testamentary trustee.
~~
TEN. I nominate and appoint my spouse, GLADYS R. ETTER, to be the
Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to
qualify or is not able or does not serve for whatever reason, I then appoint LINDA M.
GARMAN, to be the substitute Executrix of this my Last Will and Testament. In the event she
has predeceased me, failed to qualify, or is not able or does not serve for whatever reason, I then
appoint JOAN M. WISER, to serve as substitute Executrix of this my Last Will and Testament,
whereby the said substitute personal representatives shall have the same powers as are given to
the original Executrix hereunder.
ELEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive
me by sixty (60) days.
TWELVE. No Executrix, Executor or Guardian acting hereunder shall be required to
post bond or enter security in this or any other jurisdiction.
THIRTEEN. No beneficiary may assign, anticipate or pledge his or her interest in any
income or principal held or distributable hereunder, and no beneficiary's creditors may levy,
attach or otherwise reach any such interest.
FOURTEEN. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Seven hereof except that if such person or
institution is entitled to share in the said residue, that interest shall be distributed proportionately
to the other residuary distributees.
~~ ~.
IN •WITNESS WHEREOF, I have hereunto set my hand and seal this ~ rv day of July,
2003.
(SEAL)
CHARD M. ETTER SR.
Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our names as subscribing witnesses.
' ACKNOWLEDGMENT AND AFFIDAVIT
WE, RICHARD M. ETTER, SR., JAMES D. HUGHES and CHERYL L.
CLELAND, the testator and witnesses respectively, whose names are signed to the 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 purpose herein expressed, and that
each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and
that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of
sound mind and under no constraint or undue influence.
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND .
Subscribed, sworn to and acknowledged before me by RICHARD M. ETTER, SR., the
testator herein, and subscribed and sworn to before me by JAMES D,,H~JGHES and CHERYL
L. CLELAND, witnesses, this /(~~ day of July, 2003. _ ~--1 f ~ „ _
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