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HomeMy WebLinkAbout08-07-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Theodore Rudberg File Number 21-08- y~l~ also known as Joan Beattie ,Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or'8' BELOW.) ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent, dated 02/08/2006 and codicil(s) dated Slate relevant circumstances, e.g., renunciation, death o/executes, 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: 8. Grant of Letters of Administration app Ica e, en r c..a.; ..n.c..a.; pe n r e; uran e a sen ia; uran a maxxi a 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 list of heirs.) Name Relationship Residence r ~ w - ~,. :~ G _ - - j'' ~ `_ ~ '. J '1 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ `~-~ .• Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence~t C j 75 Partridge Circle, Carlisle, North Middleton, Cumberland, PA 17013 (List street address, town/city, township, county, state, zip code) Decedent, then 7Q years of age, died on 07/28/2008 at Claremont Nursing & Rehabilitation Center, Carlisle, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County situated as follows: 75 Partridge Circle, North Middleton Twp, Cumberland Cty, PA 1402 Mountainview Drive, Tredyffrin Twp, Chester Cty, PA 13,800.00 362,280.00 Copyright (c) 2006 form software only The Lackner Group, Inc. 75 Partridge Circle Carlisle, PA 17013 Page 1 of 2 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: 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Swom to ar affirme~d}and subscribed before m~; this / ~~ _ da, of -d i~ ~~ r. ~.J for th egister Joan Beattie Signature of Personal Representative Signature of Personal Representative r-v n Q a T-n ~7 ~l Cam. File Number: 21-08- O~j~O~ _ ~~ t ___ _ -..l -~-= _ ~. Estate of Theodore Rudberg ,Deceased ,~ jr,~; ~ ~1 ..~ A/K/A j :- ,- ~ N Social Security Number. Date of Death: 07/28/2008 .~~ ~1 W AND NOW, l~Cc ~~ ~ s.~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Joan Beattie in the above estate and that the instrument(s) dated 02/08/2006 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. ^^~'~ 'F"EErrvS~~7~ ~'" Letters ..............~J~.u~.t WIJ........... $ ~'ts~v~ '~ Short Certificate(s)............ ~..... $ L.o Renunciation(s) ............................. $ l,J ~~~ $ 1S J~ P $ 1b f~ $ S., $ $ $ $ $ $ TOTAL ..................................... $ '1 I U Attorney Signature: Attomey Name: P. Seeber Supreme Court I.D. No.: 76084 James, Smith, Dietterick 8~ Connelly, LLP Address: Suite C-400, 555 Gettysburg Pike Mechanicsburg, PA 17055 Telephone: 717-533-3280 Form RW-U2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 IOi S05 RF,V (01/(17) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 14649~2~ Certification Number 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 he forwarded to the State Vital Records Office for permanent filing. Q. ~ _ 3 62008 Local Registrar Date Issued ___ _..._._. _. _. f j r-_ _ __... ___ =• O '; ~ TJ _ r-~ -_~ -.J `~'i w7 v H706-143 REV 11/2006 TYPE /PRIM IN PERMANEM BLACK INK ~I 0 0 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NIJMBFR *~ 3a - ~ ; r -.1 ~ f .. I a_ a t og v8l°~ 1. Name a Cepdent (First, mitltlle, Isar, sumx) 2. Sex 3. Social Security Number 4. Dale of Deem (Monty, day, year) Theodore Rudber Male 173 - 30- 2229 July 28, 2008 5. Age 4last ekuwayy lkMa t year tllltler t tley 6. Date d Binh (Mmin, de ,year) 7. &rlhpbp (Gty and state a foreign munuy) M. Poecw at Death (Check o one) Mmae pays Has. MlrMae Hospttal: ONer: 1938 Philadelphia PA June 1 70 , Yra. ^Inpetbnt ^ER/OulpaNent ^DOA Nursing HOme ^Residence ^Omer-Speary: 66. County of Deam lk. City, Bom, Two p D~~ ~' FaciM1ly Name (tl rwf mmitulion, gNe sVeet end number) 9. Was Deceoent of lilspank Origin? [~ No ^Ves 10. Race: American Intlian, Black, YMae, ak. 1 es ex _ _~ 1~1 1 (II yes, epedty Cubaq (~M Cumberland Claremont Nursing and Rehab Center Mexlcan,PuedoRkan,ek-) White t i. Decedents Usual tion Kind m work d ew dodo most of wok' INe. G nb stale retired 12. Was Decedent ever in tM 13. Decedent's Education ISpeaty only Mghesl grade comp leted) 71. Marcel Status Martbd, Never ManieQ 15. Surviving Spo use (II wife, give maiden name) Kill d Work Kmd of Business /Industry U.S. Amwd Forces? Elementary / Secondary (b12) College (1-4 a Bk1 Wko'"~• D^'Orcad (Speedy) [7vaa ^No 5+ Divorced 18. Decedenl'a Meiling Adtlress (Street, city /lam, sob, ziP Podel Dacetlent's Oid Decetlent Ac1ualReakbme va.stab vA Depaemweain Mid8lsex_ - T np.ry]vae 75 partridge Cir. om, T~~p7 , Carlisle PA 17013 i76. County Cumberland t'd~a NO'DeCBtlent Lned x"h'" Aawiumasor cdy,eaP 16. Famer's Name (First, mwNe, bat, sumx) 19. Mother's Name (First, mwdle, rtwiaen wmame) 20a. InlomwnN's Name (TYPa / Print) 2W. InlamanYa Malting Address (Sheet, dry /town, state, zip code) p 2039 Wonderwin St. Port CharlotteFL 33948 2/a. Method d Okpmkkn I ~ Gemawn ^ DonaBon 21b. Data of Disppaini (MOmh, daY, year) 21 c. Place W Disppidon (Name of cemetery, cremaary a omar place) 21 d. Location (City /town, style, zip code) Banal ^ RemwalfromSlate I ~~ ~l~ ~ A~~~ ~(C Jul 31 2008 Indiantown Gap Nat' 1 Cemetery Annville PA ^ ke mtror r ar ^Yesprw N , y 22a. FuprelSe esauoh) 22b.licenSaNUmber 22c.NemeantlAddressolFeckiy Hoffman-Roth Funeral Home and Crematory - 138504 219 N. Hanover St. Carlisle PA 17013 Meets 23ec nity wtwn 23e. To the Ma d my NnaMedge, tleam ocmned et me time, date and place sebd. (SignaNre ell tale) 23h. Lkensa Numbs 23c. Date Sigrxetl (Monet, deY, Year) physiden b nal aveNada at tbw d h to ' j ° ~ '~ ' seem. pnity caw a l1 . ~ v~.: -._ ~s . 7 ~ " (.-. v fA~*. r~.CIO saris 2428 mIW M mryNeted by person 24. Tmw of Deem 25. Dab Pmmlmcetl Gatl (Momh, day, year) 26. Wes Case Relarred ro Medkal Examiner /Cornier for a Reason r man Cremation or Dnietlon? wM pNraunpa deem. La F M, l J - ~ ~ ~ + ^Yes No CAUSE OF DEATH (See InstrueNOne end axe plea) I Appmxkwte imavel: Pen IL Ella other 28. D'w Tobacco flee Contmwte to Deem? Item Z?. Pen I: Eller me> -tliseaees, kpudes, a mnlPNptiaw -that drectly cawed the tlam. DO NOT solar bnnaal event such u pNiac arms, Oreet to Deapr bet na rew111ng m tlta untledying pow even k Pad 1. ^Ves ^ Probedy oMng me Nobgy. list orYy se m e a M Ilne. resPiral«Y a n. a ventdminr flhdAatbn w~it on hjout sh ° eL~ ^ No ^ Unkwvm a ~N / ( ~ A / ~ dATE~CAUSE F~I dbees-e~ 1 ~+C /~~~ '/ ' , 1 ~,I~~ ~ i ~) a. 29. II Female: ^ Due to (a as a consequence ap: Nm pregnant wNnk pest year ^ Pregnant at bete a deem kv pndnkns, a i osN N p le e cause fnbtl m ile a. 9 t Due to or as a c EnW the UNDERLYMG CAUSE ( onsequeltce °n~ ^ Not preglwnl, but pregnant wink 42 days (edvlawrae~ornulntingrym ~mj aLASTw c. a deem Due to for es a conpquerrce ory: ^ Nd pregnant, bN Prgnam d3 tlays k 1 year a. tetra seam ^ UnNnorm N pegnam within mw pas year 3w. Wea en Au1apsy 30b. Were Aelopay FnMnga 31. Manner of Deem 32a. Date a Inwry {Monet, day, Year) 326. Dasaibe How IMury Occunad 32c. Plop of Iry'ay: Home, Ferm, Brea, Fesory, Padamsd? Aveibae Prior to Complaion l ^ Hanicitle ~t Ofip BuNtling, ek. (SpedlyJ a caws a Gam? ura ~N ^ Y [] Aciwenl ~ Pendng Invasligatian 32d. Time d Inprry 32e. Inryry a Work? 32t. II Traneporbtini Injury (Spawyf 32g. lnption a Irpury (Street, dry / bvm, state) ^ Ves O % ^ Sukide ^ DPMd Not M Determinetl ^ Yes ^ No ^ Driver I Opereror ^ Passenger ^Petleeman M ^omar -spear 33a Certifier (dw ar nity ap) 336. Signature ell TNIe of CertiNa • Goth/Nsg plrysielen (Phyaipen prrifyrg coup of deem Mien alwdwr physkian has Orawurlced deem and mmpleled Marc 23) To lM best of mY knowledge. deem omumd rip to ill puae(eleM manner ee ebtetl________________________________~ - • Prawuneing erW prlNying phyekian IPhyskxeoboth ponamag tleath end o•dIAM9 k pose of deaUl ^ 33c. Licawe Number 33d. Date Signed (Mmm, tlay, Year) To tM Uestamy knowedge, deem acmrredmme tlrp,dab. end pwp, end due la lM Ceusge)entl manner as shred__________.._______ • Nedkal ExeMner / Comm OSJ ~6?-~- - ~ ~72~1~ On thn heals of exammetbn arm (a invntigatkn, m my opinion, death occurred M me Ome, deb, and pbp, erM due to tM pose(s) and manner ea ebted_ ^ ~ ~ e,,, Arpmas of Per /~WM Completed W u of Deem (Item 27 T / P~~t,/ ,/~/,^ N~ JT N~ ~n~ ~ ~~ ~ ; '7" ~ re 35. Reg Signature a nit bar c~~.~ ~ i l i ~ 1 ~ d ~ e ~ . D to Flied IMonm, d*/. Year) ~" Y ' jP'~ ~ f ~ ~ 3 Ste - ~a • i 30 ) )' ) z s Disposition Permit Na. r LAST WILL AND TESTAMENT OF THEODORE RUDBERG I, THEODORE RUDBERG, having my legal residence at 75 Partridge Circle, Carlisle, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE I declare that I am not married. ARTICLE TWO I have one child whose name and birth date is as follows: Name Birth Date ADRIENNE BETH DEFRANCESCO December 28, 1960 ~, ~V~ -o - , ~,, -- _ `- ; ~ -- -- ~; _.a _. _ - . -~ , ~,~ ,, ~~s I have intentionally and with full knowledge chosen to exclude ADRIENNE BETH DEFRANCESCO from any distribution under this Will, not for any lack of affection, but because I feel she is otherwise provided for. ARTICLE THREE I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently may be done. ARTICLE FOUR I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon shall be distributed with the residue of my estate. ARTICLE FIVE The real property residence located at 75 Partridge Circle, Carlisle, Cumberland County, Pennsylvania, shall be distributed to my friend, JOAN BEATTIE, subject to any outstanding mortgage balance due thereon. If JOAN BEATTIE predeceases me, this distribution shall lapse and be distributed with the residue of my estate. ARTICLE SIX I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate to my friend, JOAN BEATTIE, provided she survives me by thirty (30} days. If JOAN BEATTIE fails to survive me by thirty (30) days, I give the remainder of my estate to my sister, PHYLLIS R. RANIGAN, provided she survives me by thirty (30) days. ARTICLE SEVEN If at any time there is no beneficiary entitled to all or any part of my estate, I give the remainder of my estate in equal shares to TARA BRASSILL and DANIELLE BEATTIE, or their descendants, per stirpes. ARTICLE EIGHT No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or 2 any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE NINE If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE TEN Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes be paid from such Qualified Retirement Plan or IRA assets. ARTICLE ELEVEN I appoint my friend, JOAN BEATTIE, as Executor of my Will. If she is unable or unwilling to serve, I appoint my sister, PHYLLIS R. RANIGAN, as Executor of my Will. If she is unable or unwilling to serve, I appoint my friend's daughter, TARA BRASSILL, as Executor of my Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be 3 exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public ar private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal properly; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control, repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, care, administration and protection of the estate; 4 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter be conferred on them by law or that maybe necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for her services performed as determined by the court in which this Will is admitted to probate. ARTICLE TWELVE I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The 5 decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. ARTICLE THIRTEEN I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this my Last Will and 'Testament or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. [SIGNATURE APPEARS ON FOLLOWING PAGE] 6 IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this ~ day of ~~~~ , 2406, set my hand and seal to this my Last Will and Testament, consisting of seven (7) pages. I THEODORE RUDBERG SIGNED, SEALED, PUBLISHED and DECLARED by THEODORE RUDBERG, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~4 ~' a_ Residence 1' L~ ', ~ ~~ ~~ h ~ ~ Residence f ~ (7 ° , 7 CKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, THEODORE RUDBERG, ~~x, f~Y2. (! (c~~I.ljC"X~,~C and ,~~ _ C~?~YL ~~-~(_;~ ,Testator and witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose 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 his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TESTATOR o' M `~ ~~ , ~ ~r I ~~,~ TNES S ~ ,~ ~t'~f" WITN SS Subscribed and sworn to and acknowledged before me by THEODORE RUDBERG, the Testator, and subscribed and sworn to before me by C j'd and c ~ ,witnesses, on thisP -~ ~-ice~~- ~ ~4~ /~ < _ ~ / Notary Public ~C}„~n~•1s~svLV~~+~ ~` i-+ U'r~ ~'~S+INSYLVANiA ~!=~I~+r~l gal ? itida L. ;~ssi~e~9;ot?; Not:-pry Public f_~erry -r~~~„ ~~;~;a~hin County iUty Ccammis~++t,>r, 4:uni~s*s Nov. 8, 2007 M~tiil3~r, {'~t,rtsyiva;,ia Association Of Notaries