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IN RE: ESTATE OF
IN THE COURT OF COMMON PLEAS
GALEN L. ENSMINGER
OF CUMBERLAND COUNTY, PENNSYLVANIA,
:
:
ORPHANS' COURT DIVISION
: ESTATE NO. 39 f.'''-ffw..'l-}; F17 g
ORDER OF COURT
AND NON, this 3 (,4 ~y O~~ ,1978, upon
consideration of the within Small Estates Petition, it is Ordered
and Decreed that the assets of Galen L. Ensminger, deceased, be
and hereby are awarded to Doris M. Ensminger.
This decree shall constitute sufficient authority to
Dauphin Deposit Trust Company, 213 Market Street, Harrisburg,
Pennsylvania, to pay to Doris M. Ensminger the entire balance, in-
eluding principal and accrued interest, in Savings Account No.
32-00771.
By the Court:
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P.J.
~lkt., ;},Ij~(' (t~t-uJ;
BOOK 104 PAGE 604
IN RE: ESTATE OF
IN THE COURT OF COMMON PLEAS
GALEN L. ENSMINGER
: OF CUMBERLAND COUNTY, PENNSYLVANIA,
:
: ORPHANS' COURT DIVISION
: ESTATE NO.
SMALL ESTATES PETITION
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Doris M. Ensminger ("Petitioner"), the surviving spouse
of Galen L. Ensminger, petitions for settlement of the Estate of
Galen L. Ensminger pursuant to Section 2 of the Act of June 30,
1972, P.L. 508, as amended, 20 P.S. S3l02, and, in support thereof,
respectfully represents as follows:
1. The following are the facts concerning decedent:
Name: Galen L. Ensminger
Residence: 506 Second Street
West Fairview, Cumberland
County, Pennsylvania 17025
Date of Birth: January 19, 1928
Date of Death: November 10, 1977.
2. Petitioner is the surviving spouse of decedent.
Petitioner resides at 506 Second Street, West Fairview, Cumberland
County, Pennsylvania 17025.
3. Decedent died intestate, and no letters of adminis-
tration have been issued.
4. Decedent's sole heirs at law, under the Intestate
Act of 1947, are the following:
BOOK 104 PAGE 599
Surviving Spouse:
Doris M. Ensminger
506 Second Street
West Fairview
Cumberland County
Pennsylvania 17025
Surviving Daughter:
Mrs. Cheryl Ensminger
Stecher
1492 Letchworth Road
Camp Hill
Cumberland County
Pennsylvania 17011
Surviving Daughter:
Miss Tammy J. Ensminger
506 Second Street
West Fairview
Cumberland County
Pennsylvania 17025.
Mrs. Cheryl Ensminger Stecher is an adult who is 26 years
of age, and an affidavit concerning her joinder in this petition
is attached hereto as Exhibit "A".
Miss Tammy J. Ensminger is a minor who is 16 years of age
and who resides with Petitioner.
5. Petitioner was paid an amount of $462.91 by decedent's
employer pursuant to the Act of June 30, 1972, P.L. 508, as amended,
20 P.S. S3101, as wages and employe benefits.
6. The gross assets of decedent's Estate consist of the
items listed in Exhibit "B", attached hereto, having a total value
of $ 9,421.41 as of November 10, 1977, the date of death.
7. Petitioner is entitled to claim the family exemption.
8. The debts and deductions of decedent's Estate amount
to $11,463.20, as listed in Exhibit "c" attached hereto. Petitioner
has paid an amount of $3,337.17 thereof as noted on Exhibit "C",
leaving an unpaid balance of $6,126.03 exclusive of the family
exemption. The remaining assets of decedent's Estate amount to
$6,084.24 ($9,421.41 - $3,337.17)
-2-
BOOK 104 PAGE seo
9. Petitioner filed an insolvent Pennsylvania Inheritance
Tax Return on January , 1978, in behalf of decedent, and no tax
has been assessed.
10. One of the assets listed in Exhibit "B" is a savings
account (Account No. 32-00771) at Dauphin Deposit Trust Company which
is in the sole name of decedent~ The balance of such account,
including accrued interest as of November 10, 1977, was $5,132.50.
It will be necessary to secure an order directing Dauphin Deposit
Trust Company to pay to Petitioner the balance in the savings
account so that the funds will be available to Petitioner for use
in paying debts of decedent's Estate.
11. Distribution to Petitioner of the assets of decedent's
Estate for use in paying debts of decedent's Estate is proper for
the following reasons:
(a) Decedent's Estate is insolvent;
(b) Petitioner is an heir at law and the sur-
viving spouse;
(c) Mrs. Cheryl Ensminger Stecher, who is an
heir at law entitled to distribution pursuant to
Section 3102 of the Probate Estates and Fiduciaries
Code, has consented to the prayer of this petition,
as evidenced by Exhibit "A" attached hereto; and
(d) Miss Tammy J. Ensminger is a minor and is an
heir at law entitled to distribution pursuant to
Section 3102 of the Probate Estates and Fiduciaries
-3-
BOOK 104 P^GE 601
Code, 20 P.S. S3102, and payment to Petitioner
of the interest of Miss Tammy J. Ensminger is
authorized by Section 5101 of the Probate Estates
and Fiduciaries Code, 20 P.S. S5101.
WHEREFORE, Doris M. Ensminger respectfully prays your
Honorable Court to enter an order distributing to Petitioner the
assets of decedent's Estate so that the assets will be available to
Petitioner for use in paying debts of decedent's Estate.
hn M. Eakin, Esquire
Main & Market Streets
Mechanicsburg, Pennsylvania 17055
(717) 766-3172
BOO~ 104 P^GE 602
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
)
)
)
)
)
SS:
Personally appeared before me, a Notary Public in and
for said Commonwealth and County, DORIS M. ENSMINGER, who, being
duly sworn according to law, deposes and states that she is the
surviving spouse of Galen L. Ensminger and that the facts set forth
in the foregoing petition are true and correct.
J/M;,'v 7Jj' Z~-z~u/
Dor1S M.' Ensm1nger
SWORN TO AND SUBSCRIBED
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before me this ~-S ___ day
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BOOK 104 rAGE 603
EXHIBIT "An
COMMONWEALTH OF PENNSYLVANIA
)
)
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SS:
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and
for said Commonwealth and County, CHERYL ENSMINGER STECHER, who,
being duly sworn according to law, deposes and states that she is
the daughter of Galen L. Ensminger, that she is an adult, and
that she hereby acknowledges her joinder in the prayer of the
Small Estates Petition filed with the Court of Common Pleas of
Cumberland County, Pennsylvania, Orphans' Court Division, by
Doris M. Ensminger as the surviving spouse of Galen L. Ensminger.
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SWORN TO AND SUBSCRIBED
before me this ~.s 1:f:.uay
of ~, 1978.
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Harrisburg. Pa, Dauphin Cauntr
EXHIBIT "An
EXHIBIT "B"
Gross Assets of Estate of
Galen L. Ensminger
Cash
Automobiles:
1973 Oldsmobile (Delta 88 Royale)
1969 Chevrolet Nova II
Savings Account:
Account No. 32-00771
Dauphin Deposit Trust Company
213 Market Street
Harrisburg, Pennsylvania
(Swa~erdale Branch)
Clothing and Personal Effects
Paychecks and Accrued Fringe Benefits
Accumulated Payments on Annuity
Contract with IDS Life Insurance Company
EXHIBIT "B"
$1,625.00
175.00
$ 324.00
1,800.00
5,132.50
150.00
764.91
1,250.00
$9,421. 41
EXHIBIT "c"
Debts and Deductions of
Estate of Galen L. Ensminger
Family Exemption:
Doris M. Ensminger, surviving spouse
Debts of Estate and Costs of Administration:
Richardson's Funeral Home
Monument
Register of Wills
Imperial Sales (carpeting bill)
Earl C. Horner (carpet installation)
Myers Oldsmobile Sales and
Service, Inc. (cost of repairs
to make automobile saleable)
Utility bills:
U.G.I. Corporation
Bell Telephone Company of
Pennsylvania
The Riverton Consolidated
Water Company
Pennsylvania Power & Light Co.
The Patriot & The Evening News
(newspaper bill)
York Federal Savings & Loan
Association (principal of loan)
Advance Mortgage Corporation
(one-half of principal of
mortgage)
Total Debts and Deductions
EXHIBIT "c"
$2,275.40
200.00
3.00
552.58
72.53
265.00
83.00
12.20
27.90
40.20
8.36
2,394.25
3,528.78
$ 2,000.00
9,463.20
$11,463.20
Page 1
EXHIBIT "c"
Debts of Estate of Galen L.
Ensminger Paid by Doris
M. Ensminger, Petitioner
Richardson's Funeral Home
Imperial Sales (carpeting bill)
Earl C. Hoerner (carpet installation)
Myers Oldsmobile Sales and Service,
Inc. (cost of repairs to make
automobile saleable)
Utility bills:
U.G.I. Corporation
Bell Telephone Company of
Pennsylvania
The Riverton Consolidated Water Company
Pennsylvania Power & Light Co.
The Patriot & The Evening News
(newspaper bill)
Total Paid
Unpaid Debts and
Deductions of Galen L. Ensminger
Family Exemption
Monument
Register of Wills
York Federal Savings & Loan Association
Advance Mortgage Corporation
EXHIBIT "c"
$2,275.40
552.58
72.53
265.00
83.00
12.20
27.90
40.20
8.36
$3,337.17
$2,000.00
200.00
3.00
2,394.25
3,650.00
$8,247.25
Page 2