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HomeMy WebLinkAbout06-22-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Dilys F. Eberly Decedent's Information Name: Richard J. Eberly a/k/a: a/k/a: a/k/a: Date of Death: 05114/2012 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 229 Gettysburg Pike, Mechanicsburg 17055 Upper Allen Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Harrisburg Hospital Harrisburg Dauphin PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ...................... All personal property If not domiciled in Pennsylvania ................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ................ Personal property in County $ Value of real estate in Pennsylvania ................................................................... $ 565,000.00 TOTAL ESTIMATED VALUE $ 565,000.00 Real estate in Pennsylvania situated at MechanlCSbUrg 17055 Upper Allen Township Cumberland (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code File No: 21-12 ~ l._i~w (Assigned by Register) Social Security No: Age at Death: 80 City, Township or Borough ® A. Petition for Probate and Grant of Letters Testamentarv_ Petitioner(s) aver(s) that he/she/they isJare the Executor(s) named in the Last Will of the Decedent, dated 08124/2009 thereto dated and Codicil(s) State relevant circumstances (e.g., renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c. t. a., d.b.n., d. b. n. c. t. a., pedente lite, durante absentia. durante minoritate 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. Except as follows: Decedent was not a party to.pending divorce proceedin wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323 (g) and was neither the vlctim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^ EXCEPTIONS 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 (attach additional sheets, if necessary): Name Relationship Address Dilys F. erly ad. -'+ Spouse 229 Gettysburg Pike Mechanicsbur PA 17055 - (T `~~ O _ - C~ t_'. % ... ~7 ~~ u 4 J t.. S_ J ~'-' ~~ v C ~-~ Form RW-02 rev. ~0-»-201 Copyright (c) 2011 form software only The Lackner Group, Inc. County Page 1 of 2 Oath of Personal Representative r , ,~ t: ,~,y, ,~~e ~~ ~ COMMONWEALTH OF PENNSYLVANIA } C [ ~ir~ ~r COUNTY OF Cumberland } Petitioner(s) Printed Name Petitioner(s) Printed Address Dilys F. Eberly 229 Gettysburg Pike Mechanicsburg, PA 17055 .. ,1 ; ~ ~ , ~r-766-4541 (~MgFRLANG CO., ~ ne rcw.;~nei ;~/ above-narnec swear(sl or amrm(s) the stateme is In a to going N~tlno r and eorrect tfa'tp`e best of the knowledg and belief of Petitioner(s) and that, as Personal Representative(s) oft e D ced t, e i one n r ly a i ster the estate accor~li to la Sworn to or affirmed at~1d subscribed before ~'-~ Date 2 ~~Z me this.. t day of~) ~ ~,„ , ~~ ~ Date By~ ~C~O ~~~+~L) Date or the Register Date BOND Required? ~ YES ~ NO FEES: Letters ................................ ( ~~ )Short Certificate(s) ( 0 )Renunciation(s)..... ( 0 )Codicil(s) ............... ( 0 )Affidavit(s) ............. Bond ................................... Commission ....................... Other 2 Oath of Subscribing _ lei 11 Automation JCS Fee Automation Fee ............................ JCS Fee ....................................... TOTAL ......................................... -$;-$0 - 15.00 5.00 23.50 $ _' ~~ To the Register of Wills: r'lease enter my appearance by my signature below: Attorney Signature: Printed Name: Wm. D. Schrack III Esq. Supreme Court ID Number: 15893 Firm Name: Address: 124 W. Harrisburg Street Dillsburg, PA 17019 Phone: 717-432-9733 Fax: 717-432-1053 E-mail: Schracklaw~comcast.net DECREE OF THE REGISTER Date of Death: 05/14/2012 Social Security No: Estate of Richard J. Eberly File No: 21-12' C~ C},j~~ a/k/a: AND NOW, - ~ ! ~( `~ ~ ~ , ~~%!^ l-1. , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Dilys F. Eberly in the above estate and (if applicable) that the instrument(s) dated 08/24/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Register of Wills Copyright (c) 2011 form software only The Lackner Group, Inc. ~ Page 2 of 2 ~ '~~~~>lt~_~~~' , LC~C~A,L REGISTRAR'S E~i~`•II`IC~ATI~`I'~ ~Er~~ ~~ kk~ttkl~'fVING: It is illegal to dupfic:at;'y thi a.:~ ~~ ~r+hatas~at ~Y ~Y~r .~~~~~~'~~ h.:r cur thi, L:ertillc~li'~! „r,.-I `~' t~ CJ G'~k O Q ~ ~ u t t ~ ,IC= ?O A ail ~!? a; ~,~; _ ~ ~ o ,a a t_, , s ~F ~.~,~: 4~ i. w~`t~. ~`~~~I~ T ~~ K~~~ ~"It, COMMONW EALTH OF PENNSYLVANIA • OEP0.RTMENt Of HFAITH • VITAL RECORDS /•[~Tg[If AT[ A[ EICATIJ Decedent's Legal NamelFkri, Mitltlk, Last, SUfFlKI 2. Sex 3. Social Security NUmber'v ~ 4 Vie of Death (MO/Day )(Spell I d o ~ c>rl ~Z 4/aK~ .Age-Last eirtfiday (Yrsl Bb. Underl Year Sc. nder lDa 6. Oa of Birth (MO/Day/Vearl (60ell Month) Months Days Hours Minutes Ja. Birthplace (City antl State or ign Country) V '~ ~~ ~ ~j `~ 3 lb. Blrthptace {COUntvl y Residence (State or Foreign Coun[ryl IStreel and Number ~ me Apt N J eb. Residen e c a Sc. Old Decedent Live In a To hip? ~L /^ I11, ! ~~.', Y' K-~' C ~ ~,". /~uF I/ t ~Yxs. ee[edenr liv¢d in Residence (cpunryl . d ~ lam- $ t• - a<. Resmena Iziv coee) D ^Np, ee[eaent uved wlmin limit: or tltyroerp. ~i gSpouse's Name(If wife. Bive name Drior to fist maniagel x 10. Marital Status a[Time of Death fgj'Marri d ^ Widowed Il Su Ever In US Armed Forces? 7 L Wes ^NO ^Unkno ^Divorced ^Never Married ^Unknown NII ~ Fatheii Name(First, MWdle, Last, 9Ufllx) N1ame Pr to FirstMLge (First, aMledle, Last) 13. Moller'} e ~ III~~P Y1 GLl"J ~{'~1 ~a Informant's Name - lab. Relatlonihlp to Xcetl<nt ldc.Informant's Malling Address lStreet antl Number, CltV. Stale. 2lp CDdel t ~ ~ ~L-~ aa~~ c~~ ~ „ 176t Death Dc[urretl In a Nospltal: ~ npa[lent 15 P Deat C ec on II D h D d Somewhere Other p' ~ ~ p ce Facll ty ~ Decedent s Ho e ^ Emergency Room/Outpatient ^ Deatl o Arc va ^ NUrs ng Home/Lone Term Care Fa[I ty O her (Spec N) ib. Facility Nam! IIF not Institution, glue street all number', lX City a sown, State, and Zlp Code 16tl. County of Death iba. Method o/ Dizpositly ~ Burial ^ Cremation l6b- Date 01 Dlsposltlon 16c. vlace of Dxposi[iprt (Name or cemetery, crematory. a a her Nace) ^ Removal rrpm state ^ Donanon {{v rtiNl<a..~b (I {'TLIYT ~I CL EK. t 'r~ ; - Dther,6pe<ify, 5 )9 aela - . ,7H , . Yti . Z 16d. I-ocatron of Dispositbn {City of Town, State, and Ii91 3)a. Si pf F n rat ice Llcen pr person in harge o(Intermenl 1)b. License Number v I(~(1 1.~yT1(_$ . u- '?F\ 1'70 1 D "L. E 1>c. Name and Complete Atltlress of Funeral Fa<Illry h Dxvsa= 1 ]g. D edent't Educatlen- eck the box that heft descslbes the 19. Decade o Hlxpanic Drigin ~ Check the Zo. Decedent's Rate ~ Che NE OR MOPE races o intlica[e what highest degree or level o/ school completed at the time of tleath. box that best describes whether the decedent the decedent considered himself or herself to be ^Bth gndeorless is Spanish/Hispanic/Utlno. ChecM the "NO" ~Whlte ^KOrean ^NOdlploma, 9tH~12th grade 6 I/deceden is not Spanish/Hispanic/Latino ^Black or AfrlcanAmerican ^vetnamese s y Hlgh school graduate or GEO completed ~ No, not Spanish/Hlspamc/Latino ^ American Indian or Alaska Native ^ Other Asian p ^ Some colleae credit, but no tlegree ^ yes, Mexican, Mexican 0.merkan, Chcano ^ Asian IM{an ^ Native Hawaiian ^ Associate degree (eg. AA, A9) ^Ves, Puerto Rican ^ Chinese ^ Guamanian or Chamorrn ^ Bachelor's degree (e.g. BA, AB, BS) ^Ves, Cuban ^ flllpino ^ Samoan ^ Master's degsee {e.g. MA, M5, MEn& MEtl, MSW, MBAj ^Ves, other Spanish)Hispanic/farina ^ Japanese ^ Other pa[IFIC Islander ^ Doctoratele.g. PhD, Etl0l or Prolesalonal degree IspeciNl_ ^ Other lSOecllyl_, .. MO ODg OVM LLB, 10 21. Decedent's Single Race Sell-Designation -Check ONIY ONE to indicate what the decedent considered himself or herself tv be. 22a. Decetlen['s Usual Occupa[ion - Indicate type of work ® Whl[e ^ Japanese ^ Samoan done during most of working Il/e DO NOT USE RETIRED ^ &eck or African American ^ gorean ^ Other Paclllc Islander - . ,~ ~ 3 ~!?.~V ^ American Intlian or Alaska Native ^ Vietnamese ^ Don't Know/Not Sure ~) e ^ Asian Intlian ^ Other Asian ^ 0.efused 226. Kind of Business/Industry ^ Chinese ^ Native Hawaiian ^ Other (Specify) ~t T ~. ~ ,61 C <I~ ^Fillpino ^Guamanian or Chamorro REM513a-236 MUST BE [OMPIETFD 23a. Dale Pronounced Dead (Mo/Day/Yrl 33b. Signature of Person Pronouncing Death IOnIV when appllcabl¢I 23c. License Number BY PERSON WNO PRONOUNCES OR CERTIf1E9 DEATH 23d. Date Signed lMOlDaylVr) 2a. Time of Death rO /3 zF 7 /( 25 Was Metlical Eaaminer or Cororser Cpntacted? ^ Yes ^ No a CAUSE OF DEATH Apprwimare z6.vm 1. Entermecnam of events-diseases,iNpries or compucauonz-met dve[Itycapsed me tleam. DO NOr¢nter terminaleymtssucnascarala[arrest Imeryal: respiratory arrest, er ventricular l:brillatron without showing the etiology DO NOT ABBREVIATE. Enter only one cause on a {Ina. Atld additional lines Ii ne[eszary ': Onset to Deatl• ~~~ C/I,~~~~~ c /~~'~~ r~ IMMEDIATE CAUSE ---~--> a. _ -.---~ .. (F;na asga:e or [onaibon oNe m inr as a conseoden[¢ m). efnldng in tleath' b. ~~~~~'"~/a ~'Y f~?°iiz~~ ~~~"<'~!1 `-' ---- ~ ~' I/;/a 1 ~ .tz a consepuence arF se9penbalp lie <onedionz, Dpe to lo. .I any, leading tD the cause ' stetl on line a. Enter me c _ -.-__.--..._ _._.-_-..._ .-_.._- _--.-_.._-- w ppe UNDERIVING MUSE Due to for as a <onu nce pF _- ldlsoase or InJury mat c nreued the eYenes resulting e. __. - - _-. __.. ______ __--__ -._ -_`. .-_ rn tl!am LAST - Due tp (or ,rs a conse9uence pfl 4 2fi. Part ll. Enter Omer 11 d' ' 'b d 1F but not resulting In the underlying cause given in Part I 2T W s sv D<rlormeda an oo - Yes ^ N E 29. Were utopsy findings avallabl¢ m plere me cause or d¢am? cp p v ^ No es ~ 19. If Female 30. Ottl TObatcp UZe Cantrrbute to DeafN) 31~~~ Mjjjjjj ner of DeaM o [ Not pregnant within past year ^ yes ^ Probably (Q'Natural ^ Homrcitle ^ Pregnant at time of tleath ^ 40 ^Unknown SS Accitlem ^ Pentling Investigation [I NtN psegnanl, but pregnant within A2 tlays of tleaM ^ Sulrltle ^ Could net be determined but pregnant a3 days to 1 Y[ar before death ['. Not pregnant 32 Date vl Injury IMO/Day/vr) (Spell Month) , ^ Unknown it pregnant within [he past year 33. Time of injury 34. Plate or Injury (e g. home; construction site; farm; scnool) 35. Locapon of Imury (Street and Number, Clty, State, 21p Cotle 36. InJuN at Work 3l. If Transpprtatlon Injury, gpe[Iry: 38. Describe How Injury Occurred. ^ Yes ^ DrWer/Operator ^ Pedestrian ^ No ^ Passenger ^ Other lSpecltyl 39a. Certifier CCheck only one): ^ Certitying physician - To the best o(my Mnowledge, tleath occurred due to [he causelsl and manner statetl ^ Pronouncing 8 Certitying physician ~ To the best of my knowledge, death occurrotl at the time, date, antl place, and due to the causels) antl manner stated e th [ause% ^ Medical Eaaminer/Coroner- On the balls of eeamina and/or Investlaallon, In my opinion, death o[c uea at the time, date, and place, and> ~ •- •Yy2~ ~ r __ LrcenseN 1 Title of certifier. Signature of certifer 39b. N me, Atldress and ip Code of Person Comple[In Caus o/ Bath (Item 2ri.~ 1/ ~ 39c. Signed (MO/Dav/Yr7 'l ' c ,~ .~ ~~- i 7i a ~ SH I ,ct ~ eyf6 E . tc 1 a0. Pegis[rar's Dls[n[t yumbe~ a3. Rgglstg r's I amre` az. Realer Fil<Date IMO/Day .) a a3 Amendmentx bi~G3 ~,i,~g M1D6-la3 Disposition vermd Ne. Rev a?/2o3 L LAST WILL AND TESTAMENT ~. I, RICHARD J. EBERLY, of the Township of Upper Allen, County of ~'~~..., ` --Cumberland and Commonwealth of Pennsylvania, being of sound and disposing `~,, ~'` L, mind, memory and understanding, do make, publish and declare this as and for my ,~ ~._ Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made. _~. `- FIRST. I order and direct that all my just debts and funeral expenses be '~.a ,~ paid by my Executrix or my Co-Executors, as the case may be, hereinafter named, as soon as conveniently may be done after my decease. ~. `' SECOND. I give, devise and bequeath all the rest, residue and remainder of t, ,~ ;, ._. __:; my estate, real, personal and mixed, whatsoever and wheresoever situate, unto my wife, DILYS F. EBERLY, absolutely and in fee simple, if she survives me. ~G?~IIRD. If my wife, DILYS F. EBERLY, does not survive me, then and in C) , ~- i`` ~ `~q that '~~nt: ~.°} (' ~ ~;.~~ ~ A. I give to my stepson, DOUGLAS S. WAGNER, the right and ~~ ~ cif ``~ ~ option to purchase my land and cabin known and numbered as 114 Ivy ;,_~ Lane, Milroy, Mifflin County, Pennsylvania, for the sum of $75,000.00 in cash, said right and option to be exercised by notice in writing to my Co- Executors, hereinafter named, within six (6) months, and payment thereof within nine (9) months, after my decease. B. I give, devise and bequeath all the rest, residue and remainder SAW ~~F~~CES ~~ MARLIN R. McCAI_EB of my estate, real, personal and mixed, whatsoever and wheresoever situate, in equal shares unto my children and stepchildren, namely: DAVID D. WAGNER, DOUGLAS S. WAGNER, DANIEL P. WAGNER, STEPHEN R. ~`$~ ~, `~, ~ .* ~_~.~ _~_, , i ~Y \;~ ate, ;, , ~,..:) EBERLY and GORDON E. EBERLY, share and share alike, absolutely and in fee simple. Provided, however, that if any of my said children or stepchildren shall predecease me leaving children to survive me, then I order and direct that from the share provided herein for such deceased child or stepchild, my Co-Executors, hereinafter named, shall pay the sum of Ten Thousand and No/100 ($10,000.00) Doiiars to each child of my deceased child or stepchild who survives me; and the balance of such share shall be paid over and distributed in equal shares unto my other children and stepchildren who survive me, share and share alike, absolutely and in fee simple. C. During our lifetimes, my wife and I have advanced various sums of money to DANIEL P. WAGNER, totaling Sixty Thousand and No/100 ($60,000.00). I order and direct that said advancements shall be taken and considered by my Co-Executors, hereinafter named, as part of the share of DANIEL P. WAGNER under Subparagraph B, above, and shall be accounted for accordingly. FOURTH. It is my intention that beneficiaries named before or after the LAW C)FFI(~FS MARLIN R. McCALEB date of this Will on my life insurance, annuities, individual retirement accounts, "in trust for" or joint bank accounts and any other assets for which I may designate -2- shall not control such disposition. LASTLY. I nominate, constitute and appoint my wife, DILYS F. EBERLY, Executrix of this, my Last Will and Testament, but if for any reason she shall fail to qualify as such Executrix or cease so to serve, then I nominate, constitute and appoint my stepson, DOUGLAS S. WAGNER, and my son, STEPHEN R. EBERLY, Co-Executors, to serve in her place and stead, all to serve without bond in this or any other jurisdiction. IN WITNESS WHEREOF, I, RICHARD J. EBERLY, have hereunto set my hand and seal to this, my Last Will and Testament which consists of three (3) typewritten pages to each of which I have affixed my signature this ~~ ±'~ day of ~~-~-r ~~ , A.D., Two Thousand Nine (2009). t ,~ ,~ ~ , ~,, ,~ (SEAL) The preceding instrument, consisting of this and two (2) of ~r typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by RICHARD J. EBERLY, the Testator therein named, 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 subscribed our names as witnesses h o. r I_AW OEEIC ES MARLIN R. McCALEB -3- f1~~7J1[ ~: ~.i.J ~~~17 ~ftJN 22 ~~ 9: 02 OATH OF SUBSCRIBING WITNESS(ES) A REGISTER OF WILLS ~s~~ ~D CO ? ~P CUMBERLAND COUNTY, PENNSYLVANIA Estate of RICHARD J. EBERLY EMILY A. FOSTER Deceased (each) a subscribing witness to (Print Namels) the ®Will ©Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she l he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he !they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. ~~ ~ ~ _ (Signature) (Signature) ~ ~'L 153 MELBOURNE LANE (Street Address) (5[reet,4dclressJ MECHANICSBURG, PA 17055 (City. State. Zip) (City. State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Executed out of Register's Office Sworn to or affirmed and subscribed before me this ~w day of ~~ ~ p?Ca 1 t- Deputy for Register of Wills Notary Public w~w~oNw~A~.r-~o~prNrvsn.vArvtR My Commissi n xpires:r~pTARIALSEA~. (Signature and Seal o No~~~t~g ~ffwiy~~~t~d~~ ~Ub11C administer oaths. Sh w dat~~~~f I~e~~~~ Commi,sion Expires t~ecember 30, i4 NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.!3.06 C-.: ~..e~~ ~Z OATH OF SUBSCRIBING WITNESS(ES) CS1 ~ ~ r f C ~ ar '_ ~-l `_".: . ~ r, -- REGISTER OF WILLS ~~ , -- nE=~-~ -~, ~ _ , , j: _. CUMBERLAND COUNTY, PENNSYLVANIA T G.l Estate of RICHARD .I. EBERLY Deceased MARLIN R. McCALEB ,,.{e~eh) a subscribing witness to (Print Name/s) the ®Will ©Codicil(s) presented herewith, O being duly qualified according to law, depose(s) and say(s) that ~e / he /.they was I present and saw the above Testator / ~x sign the same ~~~ and that -fie / he /they signed the same and that she / he t thy- signed as a witness at the request of the Testator / rtx in .I~ei+! his (Stgnature) (Scree! Address) (City. state. ZiP) Executed in Register's Office Sworn to or affirmed and subscribed before methis -~..~' L( day Deputy for Register of Wills MECHANICSBURG, PA 17055 (Crry, State, Zxp) Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration ofi Notary's Commission.) NOTE' To be Caken by CJfficer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. presence r. 7 r _ ~~ Cigna u e) _ ~~~~ 2~ E MAIN ST (Street Address) Form RW-03 rev. 111.13.06