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Home My WebLink About02-19-15 IN RE: : W TIIE COURT OF COMMON PLLAS : CUMBERLAND COUNTY,PENNSYLVANIA ESTATE OF MARY JANE EBERSOLE, : ORPHANS' COURT DNISION Deceased : NO. ZI - I5' O'�1�1 PETITION FOR SETTLEMENT OF SMALL ESTATE > , � PURSUANT TO 20 PA. C.S.A. &310Z'- � �-, ;:� �� "^ ' � o , a� � TO THE HONORABLE, THE JUDGES OF SAID COURT: . � . �ll �' �� ROBERT G. EBERSOLE("Petitioner"), by and through his counsel, PERSUN&�HE[M�PIC., 3 -� > hereby petition the Orphans' Court Division of the Court of Common Pleas of Cumberl3rt�CoupGy) — ��> � - t Pennsyh�ania, for the purpose of dispensing with administration of[he Es[a[e of Mary JaNe Ebcrsolc, deceased,and[o issue a Decree of Distribu[ion direc[i�g the dis[ributio�of[he en[ire balance oC DecedenYs estate as hereinafter set forth,pursuaiit to 20 Pa. C.S.A. §3102, and in support thereof avers: 1. Petitioner, Robert G. Ebersole, is an adul[ individua] residing a[ 607 Hamilton StreeL Carlislq PA 17013. Pctilioncr is thc son of thc Dcccde�t. 2. Decedent, Mary Jane Ebersole, resided at Cumbedand Crossings-, 1 LongdPorf Way, Borough of Cadisle, Cumberland County, Pennsylvania, a[the time of hec dea[h. 3. Deceden[died on Oc[ober 3Q 2014,at Cumbedand Crossings. She was 85 ycars oIJ. See Certifiea[e of Death attached hereto as Ex}tibi[A. 4. Deceden[ is survived by[wo sons: Robert Q Ebersole and David R. Ebersole. � 5. No petition for the appointment of a personal representative for the Decedenfs esiate is pendiog or has been granted. 6. The gross value of all property owned by the Decedent at[he[ime of dea[h(exclusive of reai estate and of property payable under[he section of the Proba[e, Es[a[es and Fiduciaries Code relating [o paymen[s to family and Cuneral direc[ors,bu[including personal propcAy claimed as[he family exemption)docs not exceed$SQ000. 7. Deceden['s probate es[ate consists oC�he following known asse[s(all values estimated): M&l�Bank $14,500 Member's I"Credi[Unfon 27 US Savings Bonds 217 Windstream Stock(223 shazes) (a�$10.46/sh 2,332 Cenmry I.ink Stock(I50 shares) (�$4124/sh 6,7 86 $23,262 8. Deceden['s known creditors consist oCthe Collowing: Cumberland Crossings $7,475.65 Cremation Society 633.00 Dr. Darryl Guistwite 151.60 $8�60.25 9. Deceden[, Mary Jane Ebecsole,died tes[ate. The original of her Las[W ill and Tes[ament, dated Oc[obec 14,201Q is at[ached hereto as E�tibi[B. 10. A Pennsylvania lnheritance Tax Re[um has been prepared by Pe[itioners and is bei�g simul[aneously filed herewith. 1 L The Pennsylvania [nheritancc Tax will be paid as soon as Pe[i[ioner fs able to liquida[e [he Deceden['s assets which is anticipated[o be within 30 days of the issuancc of[he Order pursuant[o this Pe[itio�. 12. Petitioner will file the required notice of dea[h with[he Pennsylvania Departmen[of Iluman Services but is unaware of any po[en[ial claim for services or paymen[s under thc Pcnnsylvanin Medicaid program. 13. Dccedent's soq David R. Ebersole, consen[s ro[Ms Pe[ilioa See consent a[[ached here[o as Fxhibi[C. WHERF.FORE,Peti[ioner respectfully requests the Court direc[ the following: a. US Savings Bond#L212864909EE be distributed to Robert G. Eb�xsole; b. US Savings Bond#L247701779PG be distribu[ed[o David R. Ebersole: c. I 1 l shnres oC W indstream Common s�oek be distributed to Robert Q Ebecsole: d. I 12 shares of Wi�dstceam Commo�stock be distributed to David R. Ebersole: e. 75 shares of Cen[ury Link Common smck be dislribu[ed lo Robcrt Q Ebersole; f. 75 shares of Cen[ury Link Commo� stock be distribu[ed to David R. Ebereole; g. All financia]instiWtions close[he accounts held by Mary Jane hbersole and issue payment to[he Es[ate of Mary Jane Ebersole[o be deposfted into Uie Pereun& Heim Escrow account on behaltbf the es[a[e; h. The credi[ors identificd in the Pe[i[ion for Settlemen[of Small �state shall be paid in full ftom Ihe funds held on behalf of[he Estate; i. The Pennsylvania inheri[ance tax shall be paid in full from Ihe funds held on behaltbf�he esta[e; j. All admioistrative expensu shall be paid &om the funds being held on behalCoC the estate; k All remainiog funds held on behalf of Ihe estate shall be distributed to Roberl G. Fbereole and David R. Ebersolc, in equal shares. L Roberl G. P.bersole shall have the express authority to execute any and aLt documen�s necessary to accomplish lhe ordered i[ems on behalf of the Es[ate of Mary lane Ebersole. DATED: Z�,a�y� Respectfully submitted, Persun ' Heim, P.0 By: Vicky nn Trimmer, Esquire Sup. Ct. I.D. No. 49679 1700 Bent Creek Blvd. P.O. Box 659 Mechanicsburg, PA 17055-0659 (717)620-2440 Attomeys for Petilioner IN RF.: : IN THE CWRT OF COMMON PLEAS : CUMBERLAND COUNPY,PENNSYLVANIA ESTATE OF MARY JANE EBERSOLE, : ORPHANS' COURT DNISION Deceased . NO. VERIFICATION I, ROBERT G. EBERSOLE,hereby verify and sta[e Iha[[he facts se[forth in[he foregoing dowment are true and correct[o the bes[of my infortnatioq knowledge and belieE I unders[and that false s[atements herein are made subject to the penal[ies of 18 Pa. C.S.A. §4904 relating ro unswom verification to authod[ies. � � R G. EB S ,Pe[itioner DATE: �„� III IS . LAST WILL AND TESTAMENT I, MARY JANE EBERSOLE, of Carlisle, Cumberland Counry, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will a�d Testament, hereby revoking all Wills and Codicils heretofore madc by mc. ONE. I direct my Executor or F.xecutrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, sueeession and other death taces imposed o�payable by ceason of my death and in[e�es[ and penalties thereon with respect to all property composing of my gross estate for death tac pu�poses, whe[hec or not such property passes under this V✓ill, shall be paid by the Executor or Executrix of my estate. Further, to the extent that suftcient essets exist in my estate, any and all inheritance or other esta[e taxes, whether to nomcharitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate prior to ! � > distdbu[ion and no part of the taxes paid shall be prorated or apportioned among the persons or� beneficiaries receivi�g [he taeable proper[y regazdless of ta�c rate applic:able by law to each such persons or beneficiaries. TWO. My F.xecutor or Executrix may, at his or her discretion, compromise claims, bo�row money, retain property for such Icng[h of time as he or she may deem proper, lease and sell property tor such prices, on such terms, at public or private sales, as he or she may deem proper; and i�vest es[a[e property aod income without restriction ro legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell � any realry anNoc personalTy owned by me at my death and not specifically devised or bequeathed � herein, a[ public oc private sale o� sales and to give good and sufficient deeds and/or bills of sale therefor, in f'ee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged a[ my death, for such period of time after my death as seems expedient to said Executor or F.xecu[rix. THREE. f give, devise and bequeath all of my estate of whatever naturc a�d wherever situate in eq�al shazes to my sons, ROBERT G. EBERSOLE and DAVID R. EBERSOLE, per stirpes, which provides that t6e child oc children of any deceased beuefieiary shall take the share their pazent would have taken if living. If either of my sons shall predecease me without leaving surviving issue, Yheir share shall be dist�ibuted to my surviving son, per stirpcs. FOUR It; under any of[he provisions of this Will, any principal becomes vested in a minor, my F.xecuror or Executrix, as the case may be, including any administrator c.t.a., shall have the discretion either to pay over such principal or any part theieof to a¢y parent of such � minor, any guazdian of the person or esta[e of such minor, or any person with whom such minor � resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his or he� minority. Any of the principal thus retained, and any of the i�come therefrom, iucl�ding the whole thereof, may be paid to or applied for the benefit of such minor from time ro time in the discretion of the trustee of such power. When such minor�eaches majoriry, the funds so held shall be paid over to such person, or, if he or she shall sooner die, to his or her legal representatives. In so holding any principal or income for any mino�, the trustee of such power shall have all the rights, powers, duties and discretions conferred or imposed upon my fiduciaries acting under this Will. I further direct that no bond shall be required from any person receiving x payment hercuuder and receipt &om such person shall be a full discharge to thc trus[ee of such power who shall not be bouud [o see to the application or use of such paymenL The trustee of such power shall be entitled to commissions at the rates and in the manner payable to a tes[amentary trustee. 2 FIVE. In the event of a common disaster caasing the death of myself, and all of my children, without leaving surviving issue, all within a period of sixry (60) days, then I give, devise and bequeath the res[, residue and remainder of my esta[e ro thc remaining he'us of my family at the daYe of my decease, per stirpes. "Ihe respective identities of those heirs are to be de[ermined in aceordance with the intesta[e law in effec[ in the Commoowealth of Pennsylvania a[the[ime of my death. . SIX I hereby nomina[e and appoin[ ROBER'I' G. EBERSOLE, to be the Execuror of this my Last Will and Testament. In the event he has predeceased me, failed to qualify or is not able or does not serve for whateve� reasoq I thcn appoint DAVID R. EBERSOLL', to be the substitute Executor of this my Last Will and Testament, whereby the said subsAtute personal representative shall have the same powers as are given to the origina] Bxeeutor hereunder_ ,�,y �,. � SEVEN. No person(s) shall beuefit hereuuder unless such beneficiary shall survive me by sixry (60)days. EIGHT. No Exew[rix, Exewtor or Guardian acting hereunder shall be required to post bond or enter securiry in this or any o[herjurisdiction. NINE.No beneliciary may assigq anticipate or pledge his or her interest i� any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or o[herwise reach any such interest. TEN. lf any person or iostitutio� entitled to share in any distribution under the terms of this my Last W ill and Testament becomes an adverse party in any proceeding to wntest the probaro of[his Last Will and Tes[ament, such person or institution shall forfeit his, her or its 3 enti�e interes[ inheri[ed hereunder a�d all provisions i� favor of such perso� or i�s[i[ution shall be declared void and of no effect. The shaze of such person or ins[i[ution so forfeited shall be distributed as part of the residue hereof except that if such person or ins[itution is entiflcd to share in the said residue, that interest shall be distributed proportionately to the other residuary dis�ibutees. IN WITTIESS WHEREOF, I have hereun[o set my hand and seal this �7�day of �L��'^ , 2010. m��r �-w/c� (scta.� JANE EBERSOLE Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at safd person's request, in said person's presence and in the presence of each other have hereunto set our names as subse[ibing witnesses. V Ll��, I ' ` ��u Lu/�'� a ACKNOWLEDGMENT AND AFFIDAVIT WE, MARY JANE EBERSOLE, SUSANN B. MORItISON and SU7.ANNE M. KREIDER, the testahix and wimesses cespectively, whose names are signed to the foregoing instnune�t, being first duly swom, do hereby declare to the undersigned authoriry that the tcstatrix signed and executed the instrumen[ as her Last Will, and that she had signcd willingly, and that she exewted it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a wi[cess and that m the best of their knowledge the testatrix was, at that time, cighteen ycazs of age or older, of sound mind and under no consuaint oc undue fnfluence. 1al G A Y JANE EBER50LE � SOSA N B. ORRISON lvV"Vv ' S NE M. KREIDER COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF CUMBERLAND . Subscribed, swom to and acknowledged before me by MARY JANE EBERSOLE, the testatrix herein and subscribed and swom to before me b SUSANN B. MORRISON and SUZANNE M. KREIDER,witnesses,this�ay of��.2010. �-�'�✓.�'l',�t/� 7R Cl�Y�` Notary Public COMMONWEALTM OF PENNSY�VANN noO�W SYI IOnOY L.CAY1e.NaWY R�OIk Soirtn nMOtllrto�T'�P.,CunWNWd fnuKY S MY� Nemear.v.nmvnnmo Awnn.non a rxana , , , IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY, PENNSYLVANIA ESTATE OF MARY JANE EBERSOLE, : ORPHANS' COURT DIVISION Ueceased . NO. CONSENT OF DAVID R. EBEROLE I,David R. Ebersole, hereby certify that I am age I 8 or older, tha[ I am aware of the Petipon For Settlement Of Small Estate Pursuant To 20 Pa.C.S.A. §3102,and that I give my consent,wi[hou[ reservation to the tertns of that Petitlon. ��- /;s� ��' ��/,� Date David R. Ebersole asoaz�i