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HomeMy WebLinkAbout04-01-10,~ ., PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of EUGENE H. POTTEIGER also known as File Number ~ ~ ~ ~~ ' ~~~ Deceased Social Security Number 201-18-0788 Petitioner(s), who is/are 1 S years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) 0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are~the EX@CUtrIX named in the last Will of the Decedent dated 3/1 /2010 ~.nd.~cacii .i](s}.d.atecL (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: B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente life; durante absentia; durance 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 Section A above and complete list of heirs.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 550 Salmon Rd., Mechanicsburg. Hamden Township PA 17050 Cumberland County (List street address, tom/city, township, county, state, =ip code) Decedent, then 87 years of age, died on 3/22/2010 at 550 Salmon Road Mechanicsburg PA 17050 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 N/A situated as follows: Total: $ 400.000.00 400,000.00 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: Signature Typed or printed name and residence ~ ~ Cindy L. Moyer 550 Salmon Road Mechanicsbur PA 17050 Page 1 of 2 Form RW-02 rev. 10.13.06 (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ J ~~~ ` • 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 011 before me the day of Q ~o~~ -~~. For the Register Signature of Personal Represent ~ CI Signature of Personal Representative C7 ° ' ~ ~ ' ~ '~ ~ 1 i '-'i"~ F - Signature of Personal Representative ~ -=~. ~_- r ; .. _, ~ 1 1 ~ , i _n .. _,~ > ,;~4 ~.. _ , _,,.:. , ,.__ ~., .. z , ~ -v _. ~ _, Y,~ N File Number: a ~ .~ i ~ ` ~ 3y ~ I C,,,~ -~' `~ =--~ _~~ Estate of EUGENE H. POTTEIGER ,Deceased Social Security Number: 201-18-0788 Date of Death: 322/2010 AND NOW, ~ I , 2010 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Cindv L. Moyer in the above estate and that the instrument( dated March 1.2010 described in the Petition be admitted to probate and filed of record as the last Will Qarrd~£e~iei}~) of Decedent. FF.F.c 1~, Letters ••••••••••• ..... $ ~ 0 0~ egister of Wills r Short Certificate(s) .. •~ • • • • • $ ~~ ~ ~ Attorney Signature: .: Renunciation(s) •••••••••••••••• $ r ~~, $ ~ ~ • ~ Attorney Name: JIL M. WINEKA. ESQUIRE ~~ $°~~ ` `'~ "" ~,-#or~~~ ~. .... $ 5 c.~ Supreme Court I.D. No .: 58802 ,,,, $ Address: 1719 NORTH FRONT STREET "~' $ HARRISBURG .... $ .... $ PA 17102 .... $ $ Telephone: 1717) 234-4178 TOTAL ............................. $ Form RW-02 rev. 10.13.06 Page 2 of 2 ~ ' r ~~ LAST WILL AND TESTAMENT r„,~, OF r~ ~;, EUGENE H. POTTEIGER `_-~ `~ ^~ r ~ ~ :~7 s„ ~_._ ,. f=-~ :7.7 ._... . .. ~~ . _. , .. M1 ~ ,. I, EUGENE H. POTTEIGER, of Mechanicsburg, Cumberland Couh,~=;~rnnsivania, : { . - r - ~' .~ .% ~, declare this to be my Last Will and Testament, and revoke any and all pfg~ous antt:_~. `_` :'!-~ c~ Codicils made by me. ~`"' ITEM I: I direct that all my just debts and funeral expenses, including all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my death, as a part of the expense of the administration of my estate. ITEM II: All federal, state and other death taxes payable because of my death with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid out of the residue of my estate, without apportionment or right of reimbursement. ITEM III: I give, devise and bequeath ten (10%) percent of the net value of my probate estate to the BRETHREN IN CHRIST CHURCH, Mechanicsburg, Pennsylvania, to be utilized pursuant to the instructions of my Executrix. My Executrix shall have complete discretion to determine how the Church will use this bequest. ITEM IV: I give, devise and bequeath the sum of Five Thousand ($5,000) Dollars to ROXBURY HOLINESS CAMP, Roxbury, Pennsylvania. ITEM V: I give, devise and bequeath the sum of Ten Thousand ($10,000) Dollars to my grandson, ADAM PUTT. ITEM VI: I give, devise and bequeath the flag presented at my burial services to my grandson, ADAM PUTT. ITEM VII: I give, devise and bequeath all of my tangible personal property located at 550 Salmon Road, Mechanicsburg, Pennsylvania to my daughter, CINDY L. MOYER. ~~ ~ i ~-. 4 ~ , ITEM VIII: Following my death, my Executrix shall have my real estate located on York Circle, Mechanicsburg, Pennsylvania, the Deed to said property being recorded as instrument number 200815808 in the office of the Recorder of Deeds, Cumberland County, Pennsylvania, appraised by an appraiser of her choice. The real estate is currently owned as joint tenants with right of survivorship with my son, Gary E. Potteiger, and upon my death, title will pass to Gary E. Potteiger by operation of law. A sum equal to one half of the value of the real estate shall be divided equally among my children, JAMES N. POTTEIGER, GARY E. POTTEIGER, JAE A. POTTEIGER, SUE A. HARLY AND CINDY L. MOYER. Should any of my children predecease me, then the deceased child's share shall be divided equally among my surviving children. This appraisement and division among my five children is being made since it is not my intention for my son Gary E. Potteiger to receive the full monetary value of the York Circle property despite title of this asset being between myself and Gary E. Potteiger as joint tenants with right of survivorship. ITEM IX: I give, devise and bequeath all of the rest, residue and remainder of my estate of every nature and wheresoever situate to my children, JAMES N. POTTEIGER, GARY E. POTTEIGER, JAE A. POTTEIGER, SUE A. HARLY AND CINDY L. MOYER, as follows: A. To my son, GARY E. POTTEIGER, one-fifth of my residuary estate less a sum equal to forty percent (40%) of the value of my real estate as set forth in ITEM VIII above. B. To my children, JAMES N. POTTEIGER, JAE A. POTTEIGER, SUE A. HARLY AND CINDY L. MOYER, the balance of my residuary estate, in equal shares. Should any of my children predecease me, then the deceased child's share shall be divided equally among the surviving children. 2 ,~ ~, ~ ~ ` ITEM X: I hereby appoint my daughter, CINDY L. MOYER, to serve as Executrix of this my Last Will and Testament. In the event that my daughter should fail to qualify or '. cease to act as Executrix, I then appoint my sons, JAE A. POTTEIGER, JAMES N. POTTEIGER and GARY E. POTTEIGER to serve as Co-Executors of this my Last Will and ~~~ Testament. j ITEM XI: I direct that no Executor or Executrix serving hereunder be required to ', post bond or enter security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ~~~~~/~1 , 2010. -~ ~- 4 (SEAL) EU NE H. POTTEI ER The preceding instrument, consisting of this and two other typewritten pages, was, on the date thereof signed, published and declared by EUGENE H. POTTEIGER, the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. II ~ !,, ~~ U~. r sidin at 9 ~~ _ - II, residing at /~" 3 .~ ~ .. ~ '1! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: WE, EUGENE H. POTTEIGER, ~ n n t 1. ~ -~11 (- - Y (. ~ 1-~ ~? ~~ ~ ,the Testator and the witnesses, respec- tively, 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 witnesses 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. ~~ A'a`-~5---- EUGENE H. POTTEIGER Witness ~~ Witn s Subscribed, sworn to and acknowledged before me by EUGENE H. POTTEIGER, the Testator, and subscribed and sworn to before me by ~~~~ and ~1 ~ witnesses, this day of ~,~~~~, , 2010. Notary Pu ' COMMONWEALTH OF PENNSYLVANiR Notarial Seal Kimberly S. OeFatco, Notary Public City of Harrisburg, aaupltln County My Commission Expires Jan. 17, 2015 Member, Pennsylvania Association of Notaries