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HomeMy WebLinkAbout01-12-12Reset PF,TITION t~OR GRANT OF I;F7`I'EI25 REGISTF;R OF W1LL.S OF GUM1313RLANI) C(")UN'I'Y, PENNSYLVANIA ,~,, "~" ;~ Nel.itioner{s) Warned below, who is/are 18 years of age or older, apply(ics) Los Leeeers as spet~~ below,; ind to :" ~_:~ support. thereof aver(s) the following and respectfully roqucsr{s) the grant of Letters in lire apptropriat ~:) ~ '-; ~, nect.'dent's Information Name: D()ltl.l?N L'LAINI: Lil3Y a/kta: gORII~N E. L:13Y Aik/a: ark/a: Date of Death: 10/9/i)7 ,~ 7 ~ m ._._ -~ ~ T (~, ~ , (Assigned by Regtct%~j ~~~- ,' _~: -= .-,>. ~> >_ Social Security No: 194-44-77~fY'' W ~`~ ~, Age at death: S l ~' ca: Decedent was damieiled at deneh in C:mnberland County, prn„tylvania (Starr) with his/her last priueipal residence ae 254 Ewe ~Zoad.:f4eghtuticsbure. 1'A 17055 5troet address. Post Of/1ce and 7.1p Code CUy, Tosvnshtp or Bor ough County Decedent died at I 1 L,S._~tatrt Street. I-Inrrisbure. PA 171 UI _ ___ __ S7 seer addreu, Poet Otrlce and L1p Code Clly,'t'ownealp ur Borough _ County Stale Es[intate of value of decedent's property at death; Ifdorniciledln Pennylvania ........................... . All personal propcMy $ 0.00 /jaot domictiled is Pennsylwntta ....................... . Personal property in Pennsylvania $ /fnvt dotafciled In Penasylvaaia ....................... . PcrSOnal property in County 5 Value of real estate le Pennsy~lvauia ..................... ...................... . . ........... . $ TOTAL ESTIMATED VALUE... . $______ 0.00 Real estate in hennsylvania situated at: N/A - ____-____ __ ___ __ (Attach additWita! sheets, if ne.•ussury.) Street address, Post Oftlee and Zfp Code Clly,'ru»nsblp or Boroagh Coonty ® A. Petition for Probate Bud Grant ol'Leltcrs "['estautcntarv Peritinncr(s) aver(s) he/shelthey Istarc the Executor(s) Warned in the last Will of the Decedent, dated 12/30! 1988 and Codicil(s) thereto dated NIA State relevant elrcurnstrnces (eg. renunciation, demA «jexacawr, etc) Except as follows: eftertheexccutionoftheinstrurnent(sjotfercdforprobatellce~cutdidnotmarry,wasnotdivomed,wasnotapartytoapending diwree pnxeeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or adoptcni; and Uecedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS li. Yctition for Grout of Lstfers ol'Admihistratiou (Lfapplicable) e.t.a., d.b.n., db.rr.c.r.a.. Pendente lire, durunre absrntia, dumnte autwtirate lI Adwinistratiwt, c.i.a. or db.x.ct.a., cuter date of Will in Section A about and complete list of heirs. Except as follows: llecedcnt wes not a party to a pending divorce proecxding wherein the grounds for divorce hed bcea established as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ®1~'O EXCEPTIONS Q EXCEPTIUNS Petitioner(s), after aproper starch has/havc escerttrincxl that Decedent left no W ill endwas survived by the following spouse (ifaay) end heirs (attach addltlvnalrirrru, ifnecavsary): Form Rli!OZ rev, lR-11-?(1/l I~a~'8 i Of 2 Oath of Personal Representative COMMUNWCAL'I'HOFPENNSYLVANIA } } SS: COUNTY UF' ['[IMI3ERLANU _ ^__~~___ } r,t crt I'eritioner(x) Primed Name Petitioner(s) I'rintetl Address ; Johu Manhew Eb 25-0 Ewe Road M.echauicsbnre PA I ~U55 v „ ~t%~'~~~ ~~ '~ti `~J1 (' , The Petitioner(s) nbove-named smear(s) or atTrtn(s) the statemems in the foregoing Petition are trot and corn;ct to the bt~t of the Irnowledge and belief of Petitioner(s) and that, as 1'crsonal Reprexemative(s) of the Uece~ , tl ctitioner(s' i well and truly administer the estate acwrding to law. Sworn to or ~ ffinne a subscribed be re - -'~-- _-_---_ - ---- Date ~1-~Z~ me this d y t __ Date 13Y: llate ter DatC Levers ...................... $-~~~i'~~ ( LL j Shon Certis=tcate(s)..... . ( 7 ) licnunciation(y)........ . ( )Codicil(s) ............ . ( )Affidavit(sj............ f3oud ........................ Commissio ................ Uthcr ?~; u ........ ~ ..- , Automation Fee ........ ....... ~ ? JCS Fee .............. - =~ ....... V~~ TOTAL .............. ....... $, Auorncy Signature: Yrlated Name• Supreme Court ID Number: Firtn Name: Address: Phony: Fax: Email: DECREE OF TkIE R.EGIS'fER Estate of UOREfN ELAINE BF3Y File Nn: ~' - (7/~~~ ~~_) ~~ n AND NOW, __ ~~ satistitetory proof hav' been ,OZ ^, _q~/~2, in au~tiideralion oi'dte forecoing Petition, bt:fore me, IT IS DECREED that Lrtters Tesiantenrarv :by granted l0 3olnr Matthew Ebv _____ _ _ in the above estate and ('if applicable) that the instrument(s) dated. 12;30/1988 dcscribe(I in the Petition be admitted to probate and tiled of rfyurd as the last WSII (and Codicil(s)) of I)ecedenl. ~. of Wills. /dpi HormRW07 rev. rrur~-?urr - Page 2 nOND ltequlred: Q YES (~NO To rbe Register ujWiiis: FEES: Please enter my appearaaee 6y my signature below: inns trot ar_v ~oim-~ /o~- UV ~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is Illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to' certify that the information here given is correctly copied from an original Certificate of Death duly filed with me,as_Local Registraz. The original certificate will be forwarded to the State Vital .Records Office f permanent filing. P 13859605 ~~~~ gcr,~z~~ Certification Number Local Re straz Date Issued g .. _ _~.- ._.V-._..~_~_~_m. ~ .~ r., ~., O .' ,y ~~ r'7 ~.--~] - ---- ---'-----' ---. 7Ca. r C"~ rl-1 _ ~ ~ , - ,- -~.; - W ,• ^~"«-,, ,~_ ~ 1 ~eer moe COMMONWEIILTN OF PENNSVLVANUI•OEPARiMENT OF HEALTH• VtTALAECOAD3 ' to ,, r err CERTIFICATE qF DEATH ~ _, (Srr baauetlona ind ~Na1111PNt on aNawr>N) ~,.,~ ~~ 1.lrnaorr+lar. mien. ar,.wd zsr asoerar.k weer .. a .aw hyF~ Doreen E, Sb fe le - - "~ Q~ a. k.M1+rNaar•Ft + udRt e.orra ~. rnere,a eaaMr.aoerNCheai Har rrr Hapllek Oair.. 51 1:,e March 22, 1956 liarriabuxg, PA ® ^e:nraara ^~ ^~ ^~ ^~. m. camndoeen ee. Gr. ea<; nq,doern Ne.FraytrrprtMYYe~on~.eM star eMienprl e. w.. oreraawprr ~+Or'+ w yr to. aer ~mriunbean, rai, wHe,, ae Dauphin Harrisburg Harriaburg.,haspi~al ii nam~,rd + white n.owra.tari aaakeer mara M. ornalrre exYrGraree,rbr 1ao.re,at[asron~.aN~itVa+a•~r•oab~ ta,rwarwr nwaa, wow r.aed, 1x 9unehq SFrre (n wa, pee mrrn nrr) NaeanaN pMd:aaea.lam.ln uS,wmM.Faar'r Eywreyl8eerryey(a1A Cawpe(tJaS~) Wbobe,graadlSLr'M Clerk Retail ^ne ®w 12 Married John M Eby 10.01BeeerY WrINIAeae1e 15aer.aY/aan,rw; rFaar - DeoeMae pe Denarr. Peanavlvana R L A 254 Ewe Road Fdr ertlra.+hr+• u+ea. n<.®vr,oreeaeurla owey llen:. „~, ' Mechanicabur PA 17055 ne.^wso ~a .ew+a +~ ~•ry Cumberland `rr"° oytaan 16. FrterearaiR,,,etlr,M rnht -. :19. Meauh wMr lFM4 aMdit.~wer rmr•y Edward A. Ebeling: Dorothy E. Jones aaabm.a.Hrn.tlYVerF~.el a8h.eeatwererp~en.aWa~r.rnraanwr,raaear John M. 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'-' " ~?~ r ~, ,,, ~, '~~ ,, ~~t m `:_ ~' _ 's ' ~ • ?_ cri - rte, ~ . , -„ -. =~ ~ -', 4_, _r: ,, DOREEN ELAINB EBY ~ ~. ~-c ~~ I, DOREEN ELAINE EBY, of 254 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this for and as my Last Will and Testament, hereby revoking any and all Wills by me at any time heretofore made. ITEM I - I declare that I am married to JOHN MATTHEW EBY, and that all references in this Will to "my husband" are references to him. I have one (1) child, now living, whose name and birth date are as follows: JUSTIN MATTHEW EBY - Born June 25, 1987 I have no deceased children. All references in this Will to "my children" include, not only the above children, but also any child hereafter born to or adopted by me. ITEM II - It is my intention by this Will to dispose of all of the property which I may own, however, I hereby elect not ~~ .. t. a .a to exercise any power of appointment exercisable by a Will which I now have or which may hereafter be conferred on me; no provisions of this Will shall be construed as an exercise in whole or in part of any such power. ITEM III - I direct my Executor, hereinafter named, to pay all my just and lawful debts and funeral expanses out of my personal estate as soon after my decease as is convenient. ITEM IV - I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, wherever situated, to my husband, provided that he survives me by sixty (60) days. ITEM V - If my husband should predecease me or fail to survive me by sixty (60) days, but any children of mine survive me or children of a deceased child of mine survive me, then I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, wherever situated, to my Trustee, hereinafter named, IN TRUST, nevertheless, to be held, administered and distributed in accordance with the following provisions: A. The entire Trust estate shall be administered as one Trust until my eldeBt child attains the age of 18 years. Until that time, 2 Fyn the Trustee shall apply the net income and principal of the Trust estate as follows: 1. So long as there is one trust for the benefit of my children, the net income of Trust shall be paid to, or applied for the benefit of, any or all of my children at such times and in such amounts as my Trustee shall in his discretion deem necessary or advisable for their support, health, welfare, maintenance and education. In the event the income shall be insufficient to provide any of my said children with adequate maintenance, support, health, welfare, or education, the Trustes may invade the principal of this Trust for this purpose; payments of income or principal to a child pursuant to this paragraph shall not be taken into account in any later division of the Trust estate into shares for distribution to my children or children of a deceased child of mine. 2. The Trustee may pay more to or apply more for some beneficiaries 3 ~~ li than others and may omit distribution to some beneficiaries entirely during the continuance of the Trust. 3. The Trustee in exercising its discretionary authority with respect to the payment of income or principal of the Trust estate to any beneficiary, shall take into consideration any income or other resources available to such beneficiary from sources outside of this Trust that may be known to the Trustee. The Trustee may accept as final and conclusive the written statement of the beneficiary receiving payment as to other available income or resources. The determination of the Trustee with respect to the necessity of making payments out of income or principal to any beneficiary shall be conclusive on all persons howsoever interested in the Trust. 4. The Trustee shall accumulate and add to principal any nest income of the Truest not paid out in accordance with ~£ the discretion hereinabove conferred on the Trustee . 5. In the event any child of mine predeceases me or dies prior to the termination of this Trust, the interest of such child in the Trust shall cease; except that, if such deceased child of mine is survived by any children, then the Trustee may pay net income of the Trust to or apply the same for the benefit of such children of a deceased child of mine in such amount or amounts as the Trustee in its sole discretion may determine for support, welfare, maintenance and education. Payments of income or principal to a child of a deceased child of mine pursuant to this paragraph shall not be taken into account in any later division of the Trust estate into shares for distribution to my children or children of a deceased child of mine. B. Until each such child reaches the age of 18 years the Trustee shall pay to or apply for 5 ~~i the benefit of each such child in monthly or other convenient installments so much of the net income from his or her share of the trust estate, up to the whole thereof, as the Trustee in its discretion deems advisable for such child's proper care, support, maintenance, education, health and welfare. At the end of each year the Trustee shall accumulate and add to the principal of such child's share of the trust estate the balance, if any, of the said net income. C. At the time the eldest of my said children attains the age of 18 years, I direct that the balance of principal and income in this trust be divided into as many parts as there are my children then living, and separate trusts be established. D. At the time each of my said children attains the age of 22 years, one-third of the balance of principal and interest of each respective child's trust shall be paid to him or her. 6 ~~ i E. At the time each of my said children attains the age of 25 years, one-half of the balance of principal and interest of each respective child's trust shall be paid to him or her. F. At the time each of my said children attains the age of 28 years, the balance of principal and interest of each respective child's trust shall be paid to him or her, and his or her respective trust shall terminate. G. When each of my said children attains the age of 18 years, each child shall receive the net income from his or her respective trust, at least quarter-annually. The Trustee shall continue to have sole discretion with respect to the application of principal of each respective child's trust for each respective child's maintenance, education, health and welfare. H. If any child of mine shall predecease and shall have issue then surviving, the remaining balance of such deceased child's trust shall be distributed to the then surviving issue of 7 ~~i each such deceased child of mine, or an equal share of the remaining balance of the original trust estate, in that case, shall be distributed to the then surviving issue of each such deceased child of mine per stirpes and not per capita. I. The following terms as used in this Will mean: 1. The term "children" includes adopted children and any who may hereafter be born to or adopted by me. 2. The term "issue" means lawful blood descendants in the first, second, or any other degree of the ancestor designated, and includes legally adopted children. 3. The term "education: includes both college and post-graduate study at any accredited institution of the beneficiary's choice as well as trade schools, vocational schools, 8 ~~ technical schools, etc., for any period of time that in the judgment of the trustee is advantageous to the beneficiary; the trustee shall provide adequate amounts for all related living and travel expenses of the beneficiary within reasonable limits. J. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest of any beneficiary or remainderman ba subject to claims of his or her creditors or liable to attachment, execution or other process of law. ITEM VI - In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: 9 A. To retain any property received by the Trust estate for as long as the Trustee considers it advisable. B. To invest and reinvest in every kind of property and investment which men of prudence, discretion and intelligence acquire for their own accounts. C. To manage, control, repair, and improva all Trust property. D. To sell, for cash or on terms, and to exchange any Trust property. E. To lease any property for terms within or beyond the duration of the Trust for any purpose which the Trustee in its discretion may deem advisable in accordance with law, with or without an option to purchase, and to make such improvements or effect such repairs or replacements to any real estate subject to this Trust, and to insure such real estate against fire or any other risks, and to charge the expense therefor to principal or income or part 10 thereof to each as the Trustee may deem proper, and to develop such property, to subdivide it, dedicate it to public use, or grant easements therein as the Trustee may consider advisable; and any lease or agreement made with respect thereto shall be binding for the full term thereof even though it may extend beyond the duration of the Trust. F. To borrow money and to mortgage or pledge or otherwise encumber or hypothecate Trust assets as the Trustee may, in its discretion, deem advisable either from itself individually or from others. G. On any division or distribution of the Trust estate, in the discretion of the Trustee, to divide and distribute property of the Trust estate in money or in kind, including undivided interests, or partly in money and partly in kind, including undivided interests; to exercise such powers, herein conferred, after the termination of the Trust estate until final distribution of the Trust assets; and to evaluate trust property for purposes of determining the amount of the Trust principal 11 to be distributed to each beneficiary named herein, which valuation, in the absence of a showing of bad faith, shall be conclusive and binding on all concerned. ITEM VII - The Trustee shall determine what is income and what is principal of the Trust established under this Will, and what expenses, costs, taxes, and charges of any kind whatsoever shall be charged against income and what shall be charged against principal in accordance with the applicable laws of the Commonwealth of Pennsylvania as they now exist and may from time to time be enacted, amended, or repealed. ITEM VIII - The Trustee shall receive a reasonable fee for the ordinary and extraordinary services rendered by him. ITEM IX - No bond shall be required of any person appointed in this Will as Trustee, Executrix, or other fiduciary. ITEM X - The validity and administration of the Trust established under this Will and all questions relating to the construction or interpretation of the Trust shall be governed by the laws of the Commonwealth of Pennsylvania. 12 ~~ ITEM XI - I appoint my brother-in-law, JAM88 RICHARD EBY of 415 North Charlotte Street, Lancaster, Pennsylvania, as the Trustee of this Will. In the event of my brother-in-law JAMES RICHARD EBY's death, resignation, renunciation, or inability to act in that capacity, then I appoint my sister-in-law, ANNE ELIZABETH EBY, of 211 Cabot Avenue, Edison, New Jersey, as Successor-Trustee of this Will in his place and stead. ITEM XII - I appoint my husband, JOHN MAT'1'AEN EBY, as the Executor of this Will. In the event of hie death, resignation, renunciation, or inability to act in that capacity, then I appoint my brother-in-law, JAMES RICHARD EBY, as the Successor-Executor of this Will in his place and stead. In the event of my brother-in- law JAMES RICHARD 8BY's death, resignation, renunciation, or inability to act in that capacity, then I appoint my sister-in-law, ANNE ELIZABETH EBY, of 211 Cabot Avenue, Edison, New Jersey, as the Successor-Executor of this Will in his place and stead. The term "Executor" in this Will shall refer to any Executor or any SuccessorffiExecutor. ITEM XIII - My Executor shall compensation for services rendered to 13 ~~ receive reasonable my estate during i administration as determined by the Court in which this Will is admitted to probate. ITEM XIV - My Executor shall have, in extension and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to the settlement and administration of my estate: A. To exercise with regard to the probate estate all of the powers and authority conferred by this Will on the Trustee over the Trust estate. B. To employ any attorney, investments advisor, accountant, broker, tax specialist, or any other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all services performed by any of them. C. To conduct alone or with others any business in which I am engaged or in which I have an interest at my death, with all the powers of any owner with respect thereto, including the power to delegate discretionary 14 L_ duties to others, to invest other property held hereunder in such business and to organize a partnership or corporation to carry on such business. D. When paying legacies or dividing or distributing my estate, to make such payments, division, or distribution wholly or partly in kind by allotting transferring specific securities or other personal or real properties or undivided interests therein as apart of the whole of any one or more payments or shares at current values in the manner deemed advisable by my Executor. All of the above powers may be exercised, except as otherwise provided by law, from time to time in the discretion of my Executor without further Court Order or license. ITEM XV - If my husband does not survive me then I appoint my brother and his wife, RICAARD EBELING and NANCY EBELING, or the survivor of them, as the Guardians of the person of each of my minor children. 15 ITEM XVI - If my husband and my children and their children, if any at the time of my death, do not survive me, then I give, devise and bequeath, all the rest, residue and remainder of my estate, real, personal and mixed, wherever situated, as follows: A. 50$ of the remainder of my estate to my mother, DOROTHY EISON EBELING of 709 Haldeman Avenue, New Cumberland, Pennsylvania, 17070, or to her heirs, and B. 50$ to my husband's parents, RICEitiRD Y. BBY and SARPi J. BBY, of 581 Rupley Road, Camp Hill, Pennsylvania 17011, or the survivor of them. ITEM XVII - My husband and I are executing Wills at approximately the same time in which each of us is the primary beneficiary of the Will of the other. These Wills are not executed because of any agreement between my husband and myself. Either Will may be revoked at any time at the sole discretion of the maker thereof. 16 ~~ ITEM XVIII - If any provision of this Will or of any Codicil thereto is held to be inoperative, invalid, or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. ITEM XIX - I direct my Executor to have my body cremated. IN WITNESS WHEREOF, I, DOREEN ELAINE EBY, have hereunto set my hand and seal to this, my Last Will and Testament, each page of which has been signed or initialed by(m~e on this 3 0 ~}'4 day C¢~ ~` , 1988, at V ~ k c~n~,....; 6~it , Pennsylvania. J ~~~.e, REEK ELAINE EBY Wit es: COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF I, DOREEN ELAINE EBY, testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged afore me by DOREEN ELAINE EBY, testatrix, this ~ day of ~']~._, 1988. (?~ `~~~ Notary Publ c • Y_,1 y Commavwsip;~"s : ~ ,~„ 4~~ COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF : We, ~ l ~ and __.~'C-fri ~ ~ 6~ ~~;- the witne ses whose name are signe to the attache or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testatrix, DOREEN ELAINE EBY, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testatrix, DOREEN ELAINE EBY signed the Will as witnesses; and that to the best of our knowledge the testatrix, DOREEN ELAINE BBY, was at the t 18 or mor years of age, of sound mind and under no constr or und~luence. `. ~ 1 Sworn to and subs robed be re me this +~ day o ri ~~ ~ 0 ;- • ~ ` -;, Notary Publ c ~~;~1~~1~Colma~isaion Expires: ~u-~ sit. r Lori Ann Foor, Nobly Publb MsilsburQ. DsupMn C0.. M os 17 1!~ 18 ,:~, ..,~ i. Lr9' r