HomeMy WebLinkAbout11-09-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Russell E. Eppinaer File Number 21-10 ~- ~ f ( g
also known as
,Deceased Social Security Number 162-36-9332
Karen L Eppinaer
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or '8' BELOW.)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the
last Will of the Decedent, dated 08/1~/2~D7 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:
no exceptions
^ B. Grant of Letters of Administration
appica e, en er c..a.; .n.c..a.; en e i e; uran e a sen a; uran a mmon a e
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 III in Section A above and complete list of heirs.) o
rte- ~ o ^`-r'~~s
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
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6201 Wallinaford Wav, Mechanicsbura, Hampden, Cumberland, PA 17050
(List street address, town/city, township, county, state, zip code)
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Decedent, then ~ ~rs of age, died on 99 at 6201 Wallinaford Wav Mechanicsbura Cumberland County
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) $ 50,000.00
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
All personal property
Personal property in Pennsylvania
Personal property in County
situated as follows: 6201 Wallingford Way, Hampden Township
$
196,000.00
246,000.00
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 Corm to
the undersigned:
Signature Typed or printed name and residence
Karen L. Eppinger 6401 Wallingford Way
_ ,., •- Mechanicsburg, PA 17050
Form RW-02 Rev. fo-~s-loos
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
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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
before me this ~ ~ day of
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For a Register
Personal Representative
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of Personal Representative
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File Number: 21-10 ~ ~'
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Estate of Russell E. Eppinger ,Deceased
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Social Security NuAmrber: ~p~,~ ~1~6~2,-36-9332 Date of Death: 0110112009
AND NOW, ~~ ~ 'v~~~~ ~~~ ,O~-~7 ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Karen L Enningpr
in the above estate
and that the instrument(s) dated 08113/2007
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters .......................................... $ ~ss~~~ l1.
Short Certificate(s) ....................... $ pCy"
Renunciation(s) ............................ $
1 $ ~ yy~~}~~
$ ~ ~ V~
$
$
$
$
$
$
TOTAL ................................... $ ~ ! ~ ~ ~/
Supreme Court I.D. No
Yost 8~ Davidson
Address: 320 West Chocolate Ave.
P.O. Box 437
Hershey, PA
Telephone: 717 533-5101
Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Attorney Signature: ~a(LNIr'1GVr--~'
Attorney Name: John S. Davidson
105.805 REV (01/071
o~ I -lD -D~IIg
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
I for this certificate, $6.00
P 16801154
Certification Number
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This is to certify that the information here given
correctly copied from an original Certificate of Deg
duly filed with me as Local Registrar. The origin
certificate will be forwarded to the State Vi
Records Office for permanent filing.
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Local R gistrar v Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) STATE FILE NUMBER
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1. Name d Decedent (First; middle, last suNx) 2. Sa 3. Sadal Security Nunber 4. Gte d DeeN (Month, day, year)
162 - 36 = 9332. _ - (lr•tnher 4 _ .9(11(1..___ _ _._. ___
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5. Age (~ BlnhdaYl Under 1 r Under 1 da 6. Date of BUN Doty, da , ar 7. Bi C and stale a for ei Ba. PMce d DaeN LYrode oNy are) _
MoMM pays Haxs M'xaa Hospital: Other:
64 Yrs. Ma 12 1 4 6 BO S t On ^ Inpatient ^ ER / DNPetleM ^ DOA ^ Nursbg Ftane Residence
^ ONx Spedy:
--
Count' d GaN
~ &. City, Boro, Twp. of DaN tld. Fadtiy Name (If nd insGtuaon, give sUeat and camber) 9. Wa Decedent d Hispak Oregn? No ^ Ya 10 Race: Arnrcen Indent Blaclt WMe, etc.
. lq Yea, aPedM Cuba. ~ (SpecitH
Mexican, PuMO Rican, etc.) White
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11. Deceden's Usual lion Kind of work d
ew dun most d ~ life. Do not sU a reared - - ---
12. Was Decedent ever m are 13. DecennYa E fbn (Spedly ady highest gwde completed) 14. Marital Status: Marred, Never Herded. 15. Surviving Spouse (tt vde, glue maiden nano)
DNorcad (S
ecw
Widowed
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landdWork KkxldBusiness/IrMatry U.S. Armetl Forces? Elementary I Secaldary (0-12) Cdlege (1-0 or b.) ,
p
y
^ vas No __Marri nrl _ Karps3-T_-RhndQC
16. Decedent's MaiNng Addrea (Street. city /town, state, ziP ~) Decedent's Did Decedent
Slate Penns . Live b a 17c. ^ Yes, Decedent Lived in Twp.
Actual Residence t7a
6401 Wallenford Way .
Cumberland TPwahro? ,7d.^No, Decedent lived within
Mechanicsburg, Pa. 17050 ''b.cwmry Awud u~Mtaa ciry/Boro
- - _ _ ---
18. Fdhe(s Name (First midde, last wgix) 19. MoNer's Name (First, midde, maiden wmame)
Robert in er v T. Maronev ___-_____
20e. IMonnanYS Name (Type I Print) ZOb. InfonnaM's Makbg Adders (Strad, cqy / bwn, stale, zip code)
Karen L. Eppinger 6201 Wallenford Way, Mechanicsburg, Pa. 17050
- _°
---- -
21 a. Mdtrod d Disposition r Cremation ^ Donation 21b. Date d Disposition (Month, day, year) 21c. Place d Dispositon (Name of cemetery, cremdory «oNd place) ltd. Locetion (City/bwn, slate, zip code)
~ ^ Bwial ^ Rarovd Fran Stele i wa Cnewbn or Donetian AWar'ved
^ ~,,,_ rOytYdkelExanYrerlCaatM. ^Ya^NO
10/5 10
BFR. Cremator~!_ __
_ Grantville, _Pa,1Z028 -__
~ 22e. d Funerd Service Licensee (« reen ecerg a such) 22b. license Number 22c. Name arM Address d Faalily
. ~ - - uneraL Home.-MiddlatoTUn_ Pa_ 12042--_-___ _ _
Carplela germ 23aa any when cerhfyng 23a. To Ne bed d oawred at dte ' Ptsn staled (Sgrdure end tltle) 230. Number 23c. Date Y. year)
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physidan is not available at lane d daN b (
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aroty came a aaN. YV
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~ INms 2428 mist be completed 0t' person 24. Tmw of t
~ 25. Dale P (ounced ead U
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"/ ,Im 26. Wa Caa Ralerred Medral Examinm / Comnw Ica a Reesan ONer than Cremelmn w Darmtion?
L ~ ^ Vee NO
~ who prar«xlces daN. (~ 1 " ' M. v
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CAUSE OF DEATH (See Inetructlone end ezemplee) ~ Approximate Ntervel:
IMm 27. Pan I: Enter gmchain d eveMS - dseasa, eyuri6s, a mrpticatlons ~ diet drectly caused the dash. DO NO7 eder temnnal events such es cerdac erred, r Ousel ro DaN Part II: Ener oN« =~"==e! mndi(v~ mntra~~o b deafn
0d ml resulting in the uMeAyMg cause given n PaM1 I. 28. Did Tdtecro Use Contribute to Death?
^ YY,es/ ^ Probably
respird«y aned, «ventrkuMr fibdtlatbn witlwut showlrg the etbb9y. list ony aye cause m each line. , - It' No ^ Unknmvn
aWEDIATE CAUSE (Frcwl dsease w ~ J ~• ~
Pxtdtion radMg m daN)
~ dt n o ca /'criy 0 n'' 4. o~ G.. q i ~ 29. If Female:
wnt wilnin pad
ear
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- Due to (w a a consequence ot): t y
y
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list mndtiaa
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b cabs Mtetl on tine a Due b (w a e censequertce ol). r
Eller UNDERLYING CAUSE r Nd pregnant but pregnant within 42 days
of daN
idaase a kgur~ Nat ktiaated Ne ^ Nd
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aveMS resWgng n death) LAST Due to (w as a comequerrte on: y
y
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belare tlaN
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30a Wa a Autopsy 30b. Were Auopsy Fxvd«rs 31. Ma DeaN 32a Date d Inury (Madh, day, Year) 320. Describe Flow Injury Occurred ,,, 32c. Place d Iryury: Home Farm. SUeet Fawory,
OMica 8utltling. ell. (Spenly)
Pedamed? Avaaeble Prbr ro Completbn twat ^ Flanzide
_ _ _.
-
~zy/ d Cause of DeaN?
, // ^ ACCideM ^ Pendrg.lmwsti9ation 32d. Time of Injury 32e. Injuy at Work? 321. N Trenspatafion kM«Y (SpecayJ
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^ 329. Locdbn d injury (Strad, dry /town, state)
^ Yes LJ No ^ Ya LJ NO ^ Ves ^ No Passenger
Pedestrian
~r/Dperata
^ Suioda ^ CaM Not be Detemtined M. Other. SpeciN.
_-_. _. _ _ _ _
33a. CeNfier (dwck ony one) 33D. Lure arM Tdle d ~er „ ~~
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GrlHybq PMakMn IPhYSkdart nrtilykg cause d daN when anotlrer physkien hea prarrowsad deaN ell nmpleted Item 23) +
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To 1M W[d mykmWNge,dath ottvrred dir totM uuee(a)end masuraataud_________________________________ 33c. L' N mbar 33d. Date Signed (Monty. day, year)
• Prenounckg ad oxllying physbW (P0Y8~^ bdh DrenWndn9 deaN all cer4lying to cause of daN)
To theBatdmy Wrowledge,daN occuneddthe tlme,dde, end pMCe, endduto the uuae(ai srM msnrter as sMted__________________ ^ i/i~~ o3os? 3 E, ~o - s - a~ i o
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On the bola d exeminetlonand / a ImeaUgetbn, In my opNlon, death oenned at the Ume, date, and p4ce, and due to tM nose(s) ad runner as auterL ^ 34. Name all~ /Address d PersonVAt~pJCompleted Cause d OeaN (Item 27) Type /Print
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38. Registrels ~ e and ~' Num v ~ ' -y
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LAST WILL AND TESTAMENT o ~ s
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RUSSELL E. EPPINGER
I, Russell E. Eppinger, having my legal residence at 6201 Wallingford Way, Mechanicsburg,
Cumberland County, Commonwealth of Pennsylvania, hereby declare this to be my Last Will and
Testament, revoking all other Wills and Codicils heretofore made by me.
ITEM ONE: I direct that the expenses of my last illness and funeral be paid from
my estate as soon as practicable after my death.
ITEM TWO: I am presently the owner of a 2006 Ford Pony Mustang automobile.
If I own that automobile at the time of my death, I give and bequeath the said automobile to Garrett
B. Quigley if he survives me.
ITEM THREE: I intend to give and bequeath certain items of my tangible personal
property to specific individuals as set forth in a letter or memorandum which I shall place with this
my Last Will and Testament. I direct that my Executor follow my instructions contained in the said
letter or memorandum as to distribution of the items as set forth therein.
ITEM FOUR: All of the residue of my estate I give to my wife, Karen L. Eppinger,
if she survives me for a period of thirty (30) days.
ITEM FIVE: If my wife, Karen L. Eppinger, fails to survive my death by thirty (30)
days, then I devise and bequeath all of the residue of my estate as follows:
A. I give and bequeath one-third ('/s) of the said residue to my sister, Margaret
J. Merritt, of Hershey, Pennsylvania. If Margaret fails to survive my death, this share shall
be paid to her issue, per stirpes.
B. I give one-third ('/s) of the said residue to Garrett B. Quigley provided,
however, that if he has not attained the age ofthirty-five (35) as of the date of my death, this
share shall be held by my Trustee as the "Garrett B. Quigley Trust" subject to the provisions
of ITEM SIX of this Will.
C. I give one-third ('/s) of the said residue to Kellen M. Quigley provided,
however, that if she has not attained the age ofthirty-five (3 5) as of the date of my death, this
share shall be held by my Trustee as the "Kellen M. Quigley Trust" subject to the provisions
of ITEM SIX of this Will.
ITEM SIX: The share of the residue of my estate distributable to my Trustee for the
benefit of Garrett B. Quigley and/or Kellen M. Quigley shall be paid to Hershey Trust Company to
hold in trust in the manner as set forth below:
A. The Trustee shall pay the income therefrom quarter-annually to or for the
benefit of the said beneficiary and may expend in addition such sums from principal as it
considers advisable, in view of other readily available funds of which it has knowledge, to
provide for the welfare and comfortable support of the beneficiary, including educational and
funeral expenses; provided, however, that the beneficiary shall have the right to withdraw
2
portions of the principal in accordance with the following schedule: after his or her twenty-
fifth (25th) birthday, one-half of the principal; after his orherthirty-fifth (35th) birthday, any
or all principal. If the Trustee at any time considers the principal to be insufficient to warrant
continuing the trust, it may pay the remaining principal to the beneficiary free of trust. If the
beneficiary dies before the complete termination of the trust, the principal shall be distributed
outright to my issue, per stirpes.
B. During the minority of any beneficiary to whom the Trustee is authorized or
directed to pay income, the Trustee may pay the same to the person having custody of said
minor, without liability on the part of the Trustee to see to the application thereof, to the
guardian of his or her estate, or to a custodian for him or her under the Uniform Transfers to
Minors Act, or may deposit the same in an interest bearing account in the minor's name in
any bank and trust company or national banking association of its choosing.
C. The interest of any beneficiary hereunder, including a remainderman, in
income or principal, shall not be subject to assignment, alienation, pledge, attachment or
claims of creditors until after payment has actually been made by the Trustee as hereinbefore
provided.
D. Upon the death of any Income beneficiary, any Income accrued or received
by the Trustee subsequent to the last Income payment date shall be paid to the person or
persons for whose benefit the principal producing such Income is continued in trust or to
whom such principal is distributed under the terms hereof.
E. Corporate distributions received in shares of the distributing corporation shall
be allocated to principal, regardless of the number of shares and however described or
3
designated by the distributing corporation.
F. If any person under the age of twenty-one (21) years is entitled to a share of
principal upon the termination of any foregoing trust, such share shall be paid to a custodian
for said beneficiary under the provisions of the Pennsylvania Uniform Transfer to Minors
Act. I hereby authorize my Trustee to select and appoint any person or trust company
including the Trustee as custodian to receive payment of such share.
ITEM SEVEN: The Trustee hereunder shall have the following powers, in addition
to and not in limitation of those granted bylaw:
A. To take, hold or retain all or any part of the Trust Estate hereby created in the
form acquired as long as it deems advisable and to receive all the income, increments, rents
and profits therefrom.
B. To retain and to invest in all forms of real and personal property (including
common trust funds and proprietary mutual funds managed by Hershey Trust Company, its
affiliates, subsidiaries and successors, and stock or other securities of a holding company
controlling it), without being confined to investments authorized by a statutory list and
without being required to diversify.
C. To sell, exchange, partition, lease, option or otherwise dispose of any property
or part thereof, real or personal, which may at any time form part of this Trust Estate at
public or private sale for such purposes and upon such term, including sales on credit with
or without security, in such manner and at such prices as it may determine, including the
right to lease real estate for a term expiring after the termination of any trust. In the event
4
of a sale, exchange, partition or lease of any of the property of this Trust Estate, there shall
be no liability on the part of the purchaser or purchasers to see to the application of the
purchase money, but the same shall be held and disposed of by such purchaser or purchasers,
free and clear of any of the provisions of this Agreement.
D. To cause securities which may from time to time comprise any part of this
Trust Estate to be registered in its name as Trustee or in the name of any nominee or to take
and keep the same unregistered and retain them or any part thereof in such condition that
they will pass by delivery without disclosing the fact that the property is held in a fiduciary
capacity.
E. To retain the principal or corpus or any part thereof of this Trust Estate in the
form of cash.
F. To borrow money for any purpose in connection with the administration of
this Trust Estate; execute promissory notes or other obligations for the amounts so borrowed
and secure the payment of any amounts so borrowed by mortgage or pledge of any real or
personal property which may at any time form a part of this Trust Estate.
G. To vote, in respect to any securities which may at any time form a part of this
Trust Estate, upon any proposition or election at any meeting and to grant proxies,
discretionary or otherwise; vote at any such meeting; to join in or become a part of any
reorganization, readjust, merger, voting trust, consolidation or exchange and to deposit any
such securities with any committee, depositary, trustee or otherwise and to pay out of this
Trust Estate any fees, expenses and assessments incurred in connection therewith and to
charge the same to principal or income as it may see fit; to exercise conversion, subscription
5
or other rights, or to sell or abandon such rights and to receive and hold any new securities
issued as a result of such reorganization, readjustment, merger, voting trust, consolidation,
exchange, or exercise of subscription, conversion or other rights; and generally take all action
in respect to any such securities as it might or could do as absolute owner thereof, to vote any
stock in Trustee except that in the election of directors of Trustee such stock shall be voted
as directed by a majority in number of the persons then entitled to the trust income.
H. To retain or purchase policies of life insurance, to paypremiums thereon from
Income or principal and to exercise all rights of ownership thereover.
I. In its discretion to allocate to either principal or income or between them any
and all capital gains and taxes which it may be required to pay on behalf of this Trust Estate.
J. To divide or distribute, whenever it is required or permitted, this Trust Estate;
to make such division or distribution in kind or in money, or partly in kind and partly in
money; and that for such purposes the judgment of Trustee as to the value of the different
items shall be conclusive and final upon the beneficiaries.
K. To hold and administer the Trust Estate created hereby in one or more
consolidation funds in whole or in part in which the separate Trust Estate shall have an
undivided interest.
L. To determine, in connection with making investments, whether to amortize
premiums in whole or in part.
M. To engage attorneys, investment counsel, accountants, agents and such other
persons as it may deem advisable in the administration of this Trust Estate and to make such
payments therefor as it may deem reasonable and to charge the expenses thereof to income
6
or principal as it may determine and to delegate to such persons any discretion which it may
deem proper. Trustee shall not be liable for any negligence, omission or wrongdoing of such
counsel or agents, providing reasonable care was exercised in their selection.
N. Should the principal or income of the Trust Estate be payable to any person
as to whom Trustee has actual knowledge of a court adjudication of incompetency, or who
Trustee, in its discretion, determines is unable to act effectively on his/her own behalf in
financial matters, to use such principal or income for the benefit of such beneficiary,
including, but not limited to, the right to pay premiums for life, health, accident and any other
insurance.
O. To exercise in addition all powers granted the Trustee by the Uniform Trust
Act, 20 Pa. C.S.A. Chapter 77.
ITEM EIGHT: All estate, inheritance, succession and other death taxes, imposed or
payable by reason of my death, and interest and penalties thereon, with respect to all property
comprising my gross estate for death tax purposes, whether or not such property passes under this
Will, shall be paid out of the principal of my general estate, as if such taxes were administration
expenses, without apportionment or right of reimbursement. I authorize my legal representatives to
pay all such taxes at such time or times as maybe deemed advisable.
ITEM NINE: I appoint my wife, Karen L. Eppinger, Executrix of this my Last Will
and direct that she be permitted to serve without bond and without any intervention of any court
except as required by law. I authorize my Executrix to sell, encumber, mortgage, invest, distribute
7
in kind, or retain any items of personal property of my estate in such manner as she shall deem
proper, limited only by her own discretion. If my Executrix appointed hereunder should fail to serve
or cease to serve I appoint Margaret J. Merritt my Executrix with the same powers and privileges set
forth above.
fit
IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this _~ day of
~u~u~- , 2007, set my hand and seal to this, my Last Will and Testament
consisting of nine (9) pages, including the
Russell E. Eppinger
(SEAL)
SIGNED, sealed, published and declared by Russell E. Eppinger, the above named Testator,
as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and
in the presence of each other, have hereunto subscribed our names as witnesses.
~~' Residence 1/~~~,~3v~ ice'
Residence I~ - ~~
January2007/Disk#1/Eppinger Russell Will 1-3-07
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ACKNOWLEDGMENT
We, Russell E. Eppinger, JaN^! t~. ~g~. ~^~ ,and ~ ~'' L B' ' ,
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 (or willingly
directed another to sign for him), 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 an under no constraint or undue influence.
w
Russell E. Eppinger
~f ~~~n--
~~
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Subscribed, sworn to and acknowledged before me by Russell E. Eppinger, the Testator, and
subscribed and sworn to before me by JU~•J /~ d 9~• i~r-Jr~ and
~10~r1 ~ ~ ~as~ ,witnesses, this -fir s~day of ,
2007.
Notary Pu c
COMMONWEALTH OF PENNSYLV
Notarial Seal
Robyn L. Bruce, Notary Public
Derry Twp., Dauphin County
My Commission Expires June 12, 2010