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~~
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For the Register
Signature of Personal Represent ~ CI
Signature of Personal Representative C7 °
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File Number: a ~ .~ i ~ ` ~ 3y ~ I C,,,~ -~' `~ =--~
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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
~~ $°~~ ` `'~
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~,-#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
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LAST WILL AND TESTAMENT r„,~,
OF r~
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EUGENE H. POTTEIGER `_-~ `~ ^~ r
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I, EUGENE H. POTTEIGER, of Mechanicsburg, Cumberland Couh,~=;~rnnsivania, : {
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declare this to be my Last Will and Testament, and revoke any and all pfg~ous antt:_~. `_`
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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.
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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.
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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.
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(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.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
WE, EUGENE H. POTTEIGER, ~ n
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-~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
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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