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Home My WebLink About08-19-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of BRETT H. BRILLINGER File Number ~~1~~. /Uv ~B~pfy{y9{ late of Upper Allen Township, Cumberland County, PA ,Deceased Social Security Number 187-64-9283 Petitioner(s), who is/are 18 years of age or olds, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /NdE the Personal representative named in the last Will of the Decedent dated November 15, 1996 go>txgdi[adQckdNCl- (State relevam circumstances, e.g., renunciation, death ojexecutor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the insWment(s) offend for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ® B, Grast of Letters of Administration (Ijapplicab(e, enter: c. t. o.; d. b. n. c. t. a.; perdenfe lire; durance absemio,' durane mtrroritateJ (COMPLETE I/VALL GISES:) A([ach additiona(sh¢ets ijnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /xiYr last principal residence at 1337 McCormick Rd Mechanicsburg PA (7055 (List street address, towr/ciry, townrhip, county, smte, zip cod¢) Decedent, then 42 years of age, died on July 29, 2009 at Hershey Medical Center, Hershey, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 1,000.00 (If not domiciled in PA) Personal property in Pennsylvania S (If not domiciled in PA) Personal property in County S Value of real estate in Pennsylvania S situated as Wherefore, Petitioner(s) respectfWly request(s) the probate of the lest Will and Codicil(s) presented with this Petition and the grant of Letters in [he appropriate foam to the undersigned. Amy C. Brillinger, 1337 McCormick Rd., Mechanicsburg, PA 17055 RECORDED OFFICE OF REGISTER OF WILLS Form RW-a2 rev. 10.13.06 2009 AUGUST 19 Page 1 oft CLERK OF ORPII,3.NS' COURT CUhfBERL.9ND CO., PA Petitioner(s) eRer 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.cta., enter date of WiJJ in Section A above and complete tut ofheirs.) 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. Sworn to or me the subscribed _ day of 2009 the Register ~~~-~~~ Representative ,AItIV Sigw[ure ojPersonal Represenmrive Signarwe of Personal Representative File Number: ~~ ' U~ ' ! O'/ Estate of BRETT H. BRILLINGER ,Deceased Social Security Number: 187-64-92[83 Date of Death: Julv 29, 2009 AND NOW, AII~US t ~ 7 , 2009 ,inconsideration of the foregoing Petition, satisfactory proof having been presented before me, IT I5 DECREED that Letters Testamentary are hereby granted to Amv C. Brillinzer in the above estate and that the instrument(s) dated November 1 S, 199b described in the Petition be admitted to probate and filed of record as t¢fj I~st Will (and Codicil(s)) of Decedent. ~ FEES Letters ............... $~_ Short Certificate(s) ........ $~~ . Renunciation(s) ...... . $ .. $ ... $ .. $ .. $ .. $ .. $ .. $ ... TOTAL .............. $ ~~ Form RW-02 rev. 10.!3.06 Attomey Signature: Attorney Name: G. Steven McKonly b~ Supreme Court I.D. No.: 248tH Address: 119 Baltimore St. Telephone: Hanover, PA 1733! 717-637-8828 RECORDED OFFICE OF REGISTER OF WILLS 2009 AUGUST 19 CLERK OF ORPHANS'COURT CU~ffiERL.AND CO., PA 1p5.805 REV (pl/OD LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6A0 P 15654437 Certification Number FniF/~N~ Wit ar»; yB 7 ~9-7~ This is to certify [ha[ 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. 1 ~Q09 ~ Loca] j egistraz Dale Issued RECORDED OFFICE OF REGISTER OF ~`UILLS 2009 AUGUST 19 CLERk: OF ORPf-L1NS' COURT CUi~fBERL.~IND CO., PA • PENNSYLVANIA .DEPARTMENT OF NEALTN . VRAL RECORDS CERTIFICATE OF DEATH 19ba MlatrucOPRb a10 bxtlmPlba on nrbrtlb) ttFIF rae bows rrwawwr+IRK wababa.aq :.W iNtlF ably llnv aoPa oYb PbYIYr•wM ~ BRETT H. 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' FwFFY~rN.Fa1MMa141YmMaYMMA.MMaYYYFgbuiM1abMl L[IM'Y N„IF 1M. • 1YW W,Y/CNw. YYMY.ti1MbV1NMY.MYYM1YYgYwlwrwFYa./ .. .. w~ ZR :f.V 6Y.YYaaMOb/b/YYw.MwrrAb Y/.Pab.r.br.IwrrYNY.Ir.YIa V//YY~NMYYbtiYIYMbYMr.MYL a xIM.Y1WYrahFn YbWpMOra MAlns~lR.rFM x Pr.. PYa.Yr.YFI ~~'~j I ~ 1 71 (o tom f C'I '~AlrMLT !1e!_i18ti blZ_ I'll • U r ' MS. Hershey MEd1CeI CD. - _ 6-ti. q, - . ~7,~, _. Harahsv.PA 1143} PIrYFYr.,Fx. O L°i R4 69- ~~ LAST SVILL AND TESTAMENT OF BRETT H. SRILLINCiER I, Brett H. Brillinger, a resident of Springettsbury Township, York County, Pennsylvania, being of sound mind and disposing memory, and not acting under undue influence of any person whomsoever, do make, publish and declare this my last will and testament, hereby revoking any and all wills by me heretofore made. O "' v~.°: Fa x ~'~~wp~ OO~ON~ Q~C~'~ 9w~°'vd~ UO ~ N A ~~ ~~ FIRST: I give, devise and bequeath all of my property, whether real, personal or mixed, of which I shall die seized and possessed, and to which I may be entitled at the time of my decease, and wherever the same may be situated, unto my apouae, Amy C. Brillinger, if she shall survive me by thirty (30) days; provided, however, that if my apouae shall not survive me by thirty (30) days, I give, devise and bequeath all of my property referred to in this paragraph in accordance with Paragraph SECOND hereof. SECOND: If my spouse shall not survive me by thirty (30) days, I give, devise and bequeath all of the rest, residue, and remainder of my property referred to in Paragraph FIRST hereof, unto Ruth W. Brillinger, my mother, hereinafter referred to as "Trustee", in trust, nevertheless, under and subject to the following terms and conditions and for the following uses and purposes: 1. The principal of the trust shall be divided into as many equal shares as there are children of mine then living and children then dead, leaving issue then living. One share shall be paid per stirpes to the living issue of each of my deceased children; provided, however, that if any such beneficiary shall not yet have attained the age of twenty-one (21) years, the Trustee shall hold the same in accordance herewith. The term children shall mean Autumn J. Brillinger. If I have any additional children hereafter, the term children shall also include such afterborn individuals. 2. Except as otherwise provided in this will, the Trustee shall accumulate the income on such shares held in trust until such children attain the age of twenty-one (21) years. As each child becomes twenty-one (21) years old, the Trustee shall pay over to such child such accumulated income. Thereafter, the Trustee shall pay the income arising from the remainder of the principal of each child's trust to the child, quarterly, until such beneficiary shall attain the age of twenty-five (25) years, at which time the Trustee shall pay over to such beneficiary the principal of his or her trust. 3. In any instance where a share in my estate would be distributable to a beneficiary of any trust when received by the Trustee, my Personal Representative may make distribution directly to such beneficiary. 4. If any child of mine shall die before final distri- bution of the principal of his or her trust is made to the child, any income and/or principal that may be payable to the child under his or her trust shall be distributed to the issue then living of such deceased child, per stirpes, and shall be held and be distributed unto such issue in accordance herewith. 5. If any child shall die at any time before final distribution of the principal of his or her trust is made to the child, without the child's leaving any issue to survive him or her to take under the paragraph immediately preceding this one, any income and/or principal that may be payable to the child from his or her trust shall be distributed to my other children equally, or to the issue of such deceased children, if any, such issue to take per stirpes, and such income and/or principal shall 2 be payable in the manner aforesaid as other payments of principal and income are to be made to such persons. 6. If all the beneficiaries of such trust shall die before final distribution is made to them, then any income and/or principal that may be remaining unpaid or undistributed shall be distributed one-half (~) to the persona who would have been entitled to inherit it from me under the Pennsylvania intestate law if I had died intestate at that time, domiciled in that state, and possessed of such income and principal and one-half (~) thereof to the persona who would have been entitled to inherit it from my spouse under the same statute and similar circumstances if my spouse had died at that time; provided, however, that any share which would otherwise pass to the Commonwealth shall instead be paid to a charity or charities selected by the Trustee. 7. The Trustee may, however, in the Trustee's own discretion, from time to time before final distribution of the principal of his or her trust is distributed to any child, pay and/or apply to or for the child's maintenance, support, care and education, the accumulated and accruing net income from his or her trust and so much of the principal of the trust, in whole or in part, in such manner and to such extent as the Trustee shall deem to be for the interest of such beneficiary. The Trustee is authorized to make such payments of principal or income on behalf of such beneficiary without the intervention or appointment of a guardian for such beneficiary. 8. Any share of this trust, income or principal, which becomes distributable to a beneficiary, other than my children, shall be held in trust by my Trustee until such beneficiary be- comes twenty-one (21) years of age. Subject to the provisions herein contained, such share shall be distributed to such beneficiary when he or she becomes twenty-one (21) years 3 of age. If such beneficiary should die before becoming twenty-one (21) years of age, any property or principal or accumulated income so held shall form part of the estate of such beneficiary. My Trustee may apply such amounts of income and principal as the Trustee, in the Trustee's sole discretion, shall deem proper for the support, education and welfare of such beneficiary and shall accumulate any unexpended balance of income. Such amounts of income and principal may be applied directly or may be paid to the person with whom such beneficiary resides or who has the care and control of such beneficiary, without the intervention of a guardian. My Trustee shall not be obliged to supervise or inquire into the application of such amounts by such person and the receipt of such person shall be a complete release of my Trustee. Should the share of such beneficiary, in the sole opinion of my Trustee, be or become too small to warrant continuing such fund in trust, or should its administration be or become impractical for any other reason, my Trustee, in the Trustee's sole discretion, may pay such share absolutely to the parent or other person maintaining the beneficiary or may deposit such share in the beneficiary's name in a savings account in a savings institution of the Trustee's choosing, payable to the beneficiary when he or she attains twenty-one (21) years of age. 9. The Trustee shall have the powers as set forth in Paragraph THIRD of this my last will and testament. 10. All principal and income shall, until actual distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary of any trust created by this will, and the same shall not be liable to any levy, attachment, execution or sequestration while in the posses- sion of the Trustee. 4 11. If Ruth W. Brillinger fails to qualify or ceases to act as Trustee, I appoint Beth Ellen Brillinger, my sister, as successor trustee. THIRD: In addition to all rights and powers conferred by law, I authorize and empower my Personal Representative and Trustee and their successors, in their absolute discretion and without necessity of obtaining court approval: 1. To retain any of the investments composing the principal of this trust in the form in which the same shall have been delivered to the Trustee whether or not the same be in the nature and type legal for the investment of trust funds under the laws of the Commonwealth of Pennsylvania, including the stock of any corporate fiduciary acting hereunder. 2. To invest in all forma of property (including, but not by way of limitation, real estate, all types of stocks and bonds, and participations in common trust funds), without being confined to inveatmenta prescribed by statute and without being required to diversify. 3. To buy inveatmenta at a premium or discount. 4. To hold property unregistered or in the name of a nominee. 5. To give proxies, both ministerial and discretionary. 6. To compromise claims. 7. To join in any merger, consolidation, reorgani- zation, voting trust plan, or any other concerted action of security holders and to delegate discretionary duties with respect thereto. 8. To lend to, and to buy from, my estate. 9. To borrow from the Trustee or from others and to pledge real and personal property as security therefor. 10. To sell at public or private sale for cash or credit or partly for each, to exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges, or leases. il. To allocate any property received or charge incurred to principal or income or partly to each, without being obliged to apply the usual rules of trust accounting. 12. To exercise any option permitted by law which they believe to be advantageous from the viewpoint of overall tax reductions, including, without limitation of the foregoing, power and authority to claim administration or other expenses either as income tax deductions or inheritance or estate tax deductions, without regard to whether they were paid from principal or income and without requiring adjustments between principal and income for any resulting effect on income or estate taxes, and a deduction of such expenses for income tax purposes shall be given 5 effect in computing the respective shares of all persona interested in my estate or the trusts set forth herein, even though the effect is to increase the share of one beneficiary or class of beneficiaries hereunder at the expense of another; and to make such adjustments, if any, between beneficiaries with respect thereto as they deem appropriate in view of the nature of the transaction and the amounts involved. 13. When permitted under the internal revenue laws of the United States, or of any state, to join with my spouse in filing a joint income tax return without requiring my spouse to indemnify my estate against liability for the tax attributable to my spouse's income, and to consent to any gifts made by my spouse during my lifetime being treated as having been made one-half by me for the purpose of federal laws relating to gift tax. 14. To distribute in cash or in kind or partly in each. 15. To make appointment of and to pay to or for the benefit of any beneficiary, out of the principal from which income is paid to such beneficiary, such amounts of such principal as the Trustee shall be of the opinion should be paid and applied for the maintenance, care, support and education of such beneficiary, the judgment of the Trustee to be conclusive in each instance as to the advisability of making such payments. The powers granted hereunder shall be exercisable with respect to all real and personal property - including, but not limited to, income and principal held for minors or disabled beneficiaries at any time held by the Trustee and shall continue in full force, even after the termination of the trust hereunder until the actual distribution of all property. All powers, authorities and discretion granted by this trust shall be in addition to those granted by law and shall be exercisable without leave of court. FOURTH: In the event my spouse does not survive me, I appoint Ruth W. Brillinger as Guardian of the person of any minor child of mine. If Ruth W. Brillinger fails to qualify or ceases to act in such capacity, I appoint Beth Ellen Brillinger as successor Guardian. FIFTH: S appoint my spouse, Amy C. Brillinger, as Personal Representative of this my last will and testament. Should my spouse fail to qualify or cease to act in such capacity, I 6 appoint Ruth W. Brillinger, or if she fails to qualify or ceases to act in such capacity, Beth Ellen Brillinger, as Personal Representative of this my last will and testament. No fiduciary named herein shall be required to enter bond or furnish sureties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~7~ day of 1996. (SEAL) Brett H. Br' finger 140 Kings Arms York, PA 17402 Signed, sealed, published and declared by the foregoing tes- tator 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 ea r have hlIereu o set our hands as witnesses thereto. t~ 7 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF YORK ) I, Brett H. Brillinger, the testator, whose name is signed to the attached or foregoing instrument having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before by Brett H. Brillinger, the testato_ r~th~is 1. ~ day of 1996. Notarial Seal y Selene M. Minsinger, Notary Public /d'f Hanover Boro. York County My CommissionExpresAprN5.t897 Brett H. B liri~er _ A ~ COMPONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF YORK ) We, ~, 5"C^~veo~- (y1(~~ptJ~ : and ~'~L~2 ~ IA ~dW~~ , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his last will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by ~ '~~JEa~ `M(~~Qnlt.-~ and YW~R~e' i,. CrC1W1-~6~ witnesses, this t day of l 1996. ~Y ~ ~ ~y~~/fj~ ~/ ~ Witness '~ Notar Public - Nrrierial Seal Selene M. Mincinger, Notary Public .. Hanover Boro. York CiouMY July Commission Expires gpril 5.1 g97 Member, rmsylvania pyeociatlon of Notarise