HomeMy WebLinkAbout04-26-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
COUNTY, PENNSYLVANIA
Estate of John G.W. Birbeck
also known as
File Number
d \ D l \)C\()S"
, Deceased
Social Security Number 208-12-9422
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
121 A. Probate and Grant of Letters Testamentary and aver that Petitioner/'lll is . the Executor
last Will of the Decedent dated January 11,2002 and codicil(s) dated N7>vember I, 2006
named in the
(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:
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
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 Will in Section A above and complete /ist of heirs.) ....0
~_S
.......
Name
Relationship
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Resiuern,: ~:
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at
26 Pine Tree Drive. Mechanicsburg. Cumberland County. Pennsvlvania
(List street address, town/city, township, county, state, zip code)
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Decedent, then 85
years of age, died on April IS, 2007
at 26 Pine Tree Drive, Mechanicsburg, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(Ifnot domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
15,000.00
$
$
$
$
situated as follows: 26 Pine Tree Drive, Mechanicsburg, Pennsylvania
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 form to
the undersigned:
T ed or rinted name and residence
Jonathan R. Birbeck, 149 South Pitt Street, Carlisle, Pennsylvania 17013
Form RW-02 rev. 10.13.06
Page 10f2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cumberland
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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
File Number:
Estate of John G.W. Birbeck
Signature of Personal Representative
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Date of Death: April 15, 2007
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Social Security Number: 208-12-9422
AND NOW, ~ (Q 4pvI (
having been presented before me, IT IS DECREED that Letters
are hereby granted to Jonathan R. Birbeck
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, ;).DIJI , in consideration of the foregoing Petition, satisfacto~ proof
Testamentary
in the above estate
and that the instrument(s) dated January 11,2002
described in the Petition be admitted to probate and filed of record
FEES
(00
I'd.-
Letters ............... $
Short Certificate(s) . . . . . . . . $
Renunciation(s) .......... $
.. . $ Ie;
... $ \S
...$~~
... $ -
.. . $
... $
...$
.. . $
.. . $
TOTAL .. . .. .. .. . .. .. $ I n 60~
Form RW-02 rev. /0.13.06
Attorney Signature:
Register of Wills
ifYVG~
Michael A. Scherer, Esquire
Attorney Name:
Supreme Court I.D. No.: 61974
Address:
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
Telephone:
(717) 249-6873
Page 2 of2
H105.8D5 REV lID5
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
am- /Jl~.
Local Registrar
Fee for this certificate, $6.00
p
13353459
APR 1 7 2007
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Date
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l.Nameol~IFWs1,_,IosI,suftixl
John G.W. Birbeck
5.ftqeILaslBlrlhday)
85
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse) STATE FILE NUMBER ~ \ a CJ <-i 0 'G"
4. Oa.. ol 0eaIh (Mooltl, day, year
A ril 15 2007
REV 11J2006
PRMIN
!ANENT
GKINK
6, _ol_(Mooltl, ,
7.Bl~ICilyandste..or
VIS.
July 28, 1921
Pennsboro Twp
8d.FaciIlyNameI"noI_,give_andnumlierl
Healthsouth Nursing & Rehab.
11._sUsual KnIol__ _01 1lIo.00nol_
K(1Ijol_ KindolBusir)e<,l/1roclu$y
. Acountd''Janager rmacut1Ca! Co.
. 16. Oec:odanfs Mdng __ (SIraeJ, city I town, stela, zip-I
26 Pine Tree Dr.
Mechanicsburg. PA 17055
18. Fa""s Name (1'.... _,lost, suftix)
Frederick Birbeck
2011. lnIorman1'sName (TJP'!I PrinI)
Ruth V. tsirbeck
12. Was Decedent ever in !he
U.S. Armed Forces?
D'as ONo
_'s
ActueIResIcIence 17a.State
13. llecedenrs ~1Ion (Specity only hlghast grade COI1'llieted)
Elemenlllly I Secondoly (0-121 College (1-4 or 5+1
4
1Th. CounJy
Pa
Cumberland
Did 0ec0d0nI
Live In a 17c. ~ Yes, DecedenllNed in
Township? lTd. 0 No, ~ lived within
ActuaJLirilsol
en
Top.
CilyIBoro
PA 17055
(Mooltl, day, year)
-/S:-Or
308. Was an Autopsy
Pllf1onned?
d.
3(1). Wera A<dopsy Fmdings
AvabbIe Prior 10 CompletIon
of Cause 01 Death?
OVas ~
31. Ma 01 Oealtl
Natural 0 Homicide
o AccidenI 0 Pendng InvasIigation
o Suicide 0 CooId Not be 0eIaImined
ApproxImate 1nt8MlI; Part II: Enter other smAcanI coodIIonI etlntrhlliM 10 dMIh 28. 0k:I TobIcco Use Conlrllute to Death?
Ons8IIoOealtl butnol IISUII1ng in!heundel1y<ng cause liven in Part I. 0 Yes OProilably
ONo OtJnl<now!1
29. " Female,
o NotP<llJMlllwilhinpaslyear
o P1ognanlallineoldoaltl
o Not _nl, but pIllgWlI within 42 days
oIdealtl
o Not_nt, bul pIllgWlI 43 days 10 1 year
beIora doaltl
o tJnImown H pIllgWlI within !he pa~ yee'
32<:. PIac8 oIl~llrl' Home, Finn, 51rael, Factory,
Office BulkIng, ale. (5pacIIy)
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_Isltol'olilions,Hany,
IeldnolohClllSllistedooha.
Enlarlhe UNDEAlY1NG CAUSE
=,"~na:.~sr
c.
Due 10 (or as a consequence of):
o Yes 1St No
32d. Ttme 01 Injury
32g. Location 01 Injury ISIraeJ, city I town, state)
M.
331. Cartilier Icheck ooIy onal
CortlfyJng phyaldan (Physician cartilying cause 01 doaltl ..... anolhar physlcian has ~ doaltl and cornpIeled Item 231
To the best of my knowtedge, death occumd due to the CltlH(I) and manntf IS stated.. _ _ _... _ _ _ _ _ _... _ _ _ _ _ _ _... _ _ _ _ _ _... _...... _ _...
=:~=e~"==~anddoa':;"~=.IoU:~~: manner as sIatecL _ __ __ __ _ _ _ _ _ _ _ __ _ 0
=- ~n:"~= and I Ot' InvesltgeUon, In my optnIon, death 0CCWTed at the time. d8te, and ptace, and due to the cause(s) and manner as stated.. 0
_I 00<" /1 ~ / I / I 36,o?""J,7/tr?
0136859
[);sposltton Pe",,' No.
LAST WILL AND TESTAMENT
OF
--,
. .
JOHN G. W. BIRBECK
f...., '10
c.
I, JOHN G. W. BIRBECK, now of Upper Allen Township-~,CumDerland-'
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County, Pennsylvania, being of sound and disposing mind'~ memo'fY and
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G_:i
understanding, do hereby make, publish and declare this to be my
Last will and Testament, hereby revoking all other wills and
Codicils previously made by me.
ITEM I:
I direct that payment of all my just debts,
expenses of my last illness, funeral expenses, and the costs of
administering ny estate from my estate as soon after my death as
conveniently may be done.
ITEM II:
I give and bequeath, absolutely and in fee
simple, to my spouse, RUTH V. BIRBECK, all my household furniture
and furnishings, books, pictures, jewelry, silverware, automobiles,
wearing apparel and all other articles of household or personal use
or adornment, provided that if my spouse dies before the thirtieth
day following the day of my death, this gift shall lapse or be
divested and I make said bequest to my son, JONATHAN R. BIRBECK.
ITEM III:
If RUTH V. BIRBECK, my wife, survies me then
all the rest, residue and remainder of my property to go to
JONATHAN R. BIPBECK, my son, to be held in trust with the income to
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go to RUTH V. BIRBECK, my wife, if then living, during her lifetime
with payments to be made to her at least bi-monthly and upon her
death the corpus of the trust to go as follows:
A. $15,000.00 to Camp Hill United Methodist Church, 417
South 21st Street, Camp Hill, Pennsylvania, to be used by the
Higher Education Committee for the use of Endowment Fund for
college education of worthy children; and
B. Residue to go to JONATHAN R. BIRBECK, absolutely, if then
living and if he is not then living then to his then living
children share and share alike.
ITEM IV: If RUTH V. BIRBECK, my wife, does not survive
me then all the rest, residue and remainder of my property to go as
follows:
A. $15,000.00 to Camp Hill united Methodist Church, 417
South 21st Street, Camp Hill, pennsylvania, to be used by the
Higher Education Committee for the use of Endowment Fund for
college education of worthy children; and
B. Residue to go to JONATHAN R. BIRBECK, absolutely, if then
living and if he is not then living then to his then living
children share and share alike.
ITEM V: In the event the said JONATHAN R. BIRBECK
refuses or is unable to act as trustee as above or at any time
resigns from being trustee then PNC Bank to be trustee for said
trust.
ITEM VI:
I direct that any and all taxes that may be
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assessed in consequence of my death, including all inheritance,
estate and transfer taxes imposed upon my estate passing under my
will or otherwise, shall be paid out of the principal of my
residuary estate as a part of the expense of the administration of
my estate.
ITEM VII: I authorize and empower my personal
representative to compromise, adjust, release and discharge in such
manner as my personal representative may deem proper, all debts and
claims owed by or to me or my Estate; to sell, lease or exchange at
public or private sale or in such manner, at such prices, and upon
such terms of credit or otherwise, as my personal representative
may deem proper, all or any part of my property, real or personal;
to exec ute, acknowledge and deliver instruments of conveyance,
including deeds in fee simple; to borrow money for the purpose of
paying estate, inheritance or other taxes which are required to be
paid and to secure any such loans by pledge or mortgage of all or
any part of my property and to execute the necessary instruments to
carry out such powers; to distribute my estate in kind or partly in
money or partly in kind, and to determine the fair value at which
any property so distributed in kind shall be received by the
distributees; to conduct any business in which I have an interest
at the time of my death, for such period as my personal
representative may deem proper, power to borrow money and pledge
assets of the business and the power to do all other acts that I,
in my lifetime, could have done, to delegate such power to any
3
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partner, manager or employee wi thout liabili ty for any loss
occurring therein and to organize a corporation to carryon said
business as capital to such corporation and accept stock in the
corporation in lieu thereof and hold such stock for the uses of
this my Will, and to vote said stock or sell the same as to my
personal representative may seem best; to retain all stocks,
assets, bonds and investments owned by me without being confined to
what is known as legal investments; to execute any options to
purchase, to apply for stocks, bonds or other investments, to
p~rchase or otherwise acquire real estate and to execute the same
powers thereover as hereinbefore provided, to retain indefinitely
any part of my assets, real or personal, which is or may become
unproductive or to make sale thereof; to pay carrying charges and
expenses of the property out of other principal or income of my
estate; to invest and reinvest in all forms of property without
restriction to investments authorized for Pennsylvania fiduciaries,
as my personal representative deems proper, without regard to the
principle of diversification or risk; to exercise any law-given
option to treat administrative expenses either as income tax or as
estate deductions, without regard to whether the expenses were paid
from principal or income. The powers herein conferred shall be to
my named personal representative and all successors thereto and
shall be in addition and not in limitation of other powers
conferred on said fiduciary.
Any and all payment or paYments of any sum or sums, whether in
4
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cash or in kind and whether for principal or income payable to any
b2neficiary shall be made upon the sole receipt of the respective
beneficiary to whom the payment is made and free from anticipation,
alienation, assignment, attachment, and pledge and free from
control by the creditors of any such beneficiary.
ITEM VIII:
All shares of principal and income hereby
given shall be free from anticipation, assignment, pledge or
obligation of the beneficiaries and any of them and shall not be
subject to any execution or attachment, levy or sequestration or
other claims of the creditors of said beneficiaries or any of them.
ITEM IX:
I nominate, constitute and appoint my son,
JONATHAN R. BIRBECK, as the sole Executor of this my Last Will and
Testament, to serve without bond.
In the event of the
renunciation, death, resignation, refusal or inability to act for
any reason whatsoever of the said JONATHAN R. BIRBECK, I nominate,
constitute and appoint PNC BANK as the Executor of this my Last
will and Testament, to serve without bond.
IN WITNESS WHEREOF, I, JOHN G. W. BIRBECK, have, to this my
Last Will and Testament, set my hand this ~day of
..j AN \A..1\.~'1
,20d1...
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JO G. W. BIRBECK
(SEAL)
Signed, sealed, published and declared by JOHN G. W. BIRBECK,
the above named Testator on the 1/7 H. day of
\l A.4\J1A.~~ ' 20 0 ~_ , as for his Last Will and Testament,
5
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in the presence of us, who, in
of each other, have, at his
witnesses hereto.
his presence, and in the presence
request, subscribed our names as
Name ~~
,0d~.~~
Name
residing
at 7b;~ ~
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~:t..~~~ss-
residing
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~ SS
WE, the undersigned, the Testator and the witnesses,
respectively, whose names are signed to the foregoing instrument,
being first duly sworn and qualified according to law, do hereby
declare to the undersigned authority that we were present and saw
the Testator sign and execute the instrument as his Will, and that
he had signed willingly 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
mind and under no constrain or undue influence, and I, the said
Testator, do hareby acknowledge that I signed and executed the
instrument as my Last will and Testament, that I signed it
willingly, and that I signed it as my free and voluntary act for
the purposes therein expressed.
~~ ~.W.<1~~
estator JOHN G. W. BIRBECK
~~
Wltness
OcC~'- --.J. ~~~
Witness
Sworn to and subscribed be#. re
me this 1/ t:f;::" day of ~,
20 tJ:L- . ---u-
Nota~ JJ!v~
My Commission Expires:
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0----
6
CODICIL TO MY LAST WILL AND TESTAMENT
I, John G. W. Birbeck, of Cumberland County, Pennsylvania, being of
sound and disposing mind, memory, and understanding, do hereby make, publish,
and declare this codicil to my Last Will and Testament, hereby amending and
revising only ITEM IX of my Last Will and Testament dated January 11, 2002.
Amended ITEM IX:
I nominate, constitute and appoint my son JONATHAN R. BIRBECK,
ESQ. as the sole Executor ofthis my Last Will and Testament as previously
drafted and executed July 11,2002, to serve without bond. In the event of the
death, or inability to act for any reason whatsoever of the said JONATHAN R.
BIRBECK, ESQ. , I nominate MARTIN CHRONISTER my stockbroker and
friend (presently at 717- 731- 4400), as the Executor of this my Last Will and
Testament, to serve without commission or bond. In the event of the death or
inability to act for any reason whatsoever of the said MARTIN CHRONISTER, I
appoint PNC Bank as Executor ofthis my Last Will and Testament, to serve
without commission. .,
In witness whereof, I, John G.W. irbeck signed this 1$1-- day of~,
2006. ~ -j. icJ, ~J,.
stator John G. W. Birbeck
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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, ,
I, John G. W. Birbeck, Testator whose name is signed to the attached ci..~
foregoing instrument having been duly qualified according to law, dQ,lidreby ,-;.?
acknowledge that I signed and executed this instrument as a CodiciFto my Last;~
Will and Testament in the presence of witnesses; that I signed it willingly and t~t
I signed it as my voluntary act.
~ ~ .'J 1.), (SEAL)
~c1c-
Sworn or affirmed and ac=eled before me by John G. W. Birbeck, the
Testator, this J&dayof. ,2006 as a codicil to my LAST WILL AND
TES AMENT. . ~ 1) \.)}t
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Witness!h,f1e [Iqht!- Witness Cc'\1\ -e ,~
'l'~~ Rov/:Jvr'j ~o...d ~ -:tvvu .f)e,^~""cX'\:)\
Sf1lfJfU1J&~'j ;/7~'7 3'\--:,W: p~ nzs')
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NOTARIAL SEAL
SONIA E STIVER
Notary Public
CARLISLE BOROUGH. CUMBERLAND COUNlY
My CommISSIon Expires Jut 31. 2008