HomeMy WebLinkAbout10-23-09r
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Rhonda S. Brewer
also known as
File Number 21-09- ~~
,Deceased Social Security Number 199-348439
Rhonda M. Berg
Petitioner(s), who islare 18 years of age or older, apply(ies) for:
(COMPLETE A' or 'B' 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 01/21/2008 and codicil(s) dated
Richard L. Brewer died on 2/11/2008
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not many, was not divorced, and did not have a child bom 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:
B. Grant of Letters of Administration
app xa e, en c..a.; ..n.c..a.; pe n e i e; uren a sen a; wan mmon a e
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
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. - ~; %.rj t=~ri ~` y
Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal resid~k~ at - - = ;~-.
602 Sandbank Road, Mount Holly Springs, South Middleton Township, Cumberland, PA065 ~ `'~' ~-~
(List street address, town/city, township, county, state, zip code)
Decedent, then i);4 years of age, died on 10/14/2009 at Holy Spirit Hospital, Camp Hill, 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 $ 20,000.00
Personal property in Pennsylvania $
Personal property in County $
$ 120,000.00
situated as follows: 602 Sandbank Road, Mt. Holly Springs, PA
Copyright (c) 2006 form software ony The Lackner Group, Inc.
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 ir1 the appropriate form to
the undersigned:
Oath of Personal. Representative
COMMONWEALTH OF PENNSYLVANIA
couNTY OF Cumberland
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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 or affirmed and subscribed
before me this _ a~ day of
~ (L, `~
Forthe Regi er
Signature of Personal Representative
File Number:
21-09-
Estate of Rhonda S. Brewer
Social Security Number: 199-34-8439
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Date of Death: 10/14/2009
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Rhonda M. Berg
in the above estate
and that the instrument(s) dated 01/21/2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............................................ $ ~L~ l 1 .
Short Certificate(s) ........................ $ _ ~ O , b U
Renunciation(s) ............................. $
1~!_~ _ l 1 $ I ~ - ~ 0
~l 1~L- ~lOq n~((~ $ ~- ~~
$
$
$
$
$
TOTAL .................................... $ ~, , tJ~
Attomey Signature:
Attorney Name:
Address:
Telephone:
Edward P. Seeber
___.~
76084 ~ ,
James, Smith, Diettlri¢k 8r, Connelly, LLP
Suite C-400, 555 Gettysburg Pike
Mechanicsburg, PA 17F055
717-533-3280
Form RW-02 Rev. 10-13-2008 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Supreme Court I.D. No.:
___ _ ___
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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 15931834
Certification Number
,,,~~/~~~~~~~~~----.- This is to certify that the information here given is
1,,~~,,~~p~ZH OFpF,yyf_ correctly copied from an Original Certificate of Death
l ; duly filed with me as Local Registrar. The original
9 ~ certificaate will be forwarded to the State Vital
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~ ' a~ Records Office for permanent tiling.
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LAST WILL AND TESTAMENT
OF
RHONDA S. BREWER
I, RHONDA S. BREWER, having my legal residence at 602 Sandbank Road, Mt. Holly
Springs, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament,
revoking all other Wills and Codicils heretofore made by me.
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ARTICLE ONE ~ ' z; N ~-~-" '~
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I declare that I am married to RICHARD L
BREWER and we ha
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ARTICLE TWO
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 THREE
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, I
give all of the tangible personal property that I own at my death, including any haus~ehold 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
__
__ -__
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ornament, and all insurance thereon to my spouse, provided he survives me by thirty (30) days. If
my spouse fails to survive me by thirty (30) days, I give all such items to my niece, RHONDA M.
BERG, per stirpes.
ARTICLE FOUR
I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate to my spouse, provided he survives me by thirty (30) days. If my spouse fails to survive me
by thirty (30) days, I give the remainder of my estate to my niece, RHONDA M. BERG, per stirpes.
ARTICLE FIVE
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 respansibility, 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 SIX
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 inteaest 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 SEVEN
Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or
Individual Retirement Account ("IRA") assets which comprise my estate cause xny 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 shall be paid from such Qualified Retirement Plan or
IRA assets.
ARTICLE EIGHT
I appoint my spouse as Executor of my Will. If he is unable or unwilling to serve, I appoint
my niece, RHONDA M. BERG, 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 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 praperty in kind, to
compromise claims, and to sell any property at public or private sale;
2. To borrow money from any person including any fiduciary acting hereunder, and to
mortgage or pledge any real or personal property;
3
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 far 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;
10. To exercise such powers, herein conferred, until final distribution of the estate
assets; and
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 may be necessary to enable the Executor to
4
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 gaol faith.
My Executor shall receive reasonable compensation for services performed as determined
by the court in which this Will is admitted to probate.
ARTICLE NINE
I realize that Executors aze 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 shazes 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
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 aze authorized in their discretion, but not required, to make adjustments between
income and principal as a result thereof.
5
__
ARTICLE TEN
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
Will, 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 Will 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.
.ARTICLE ELEVEN
In the event that my spouse and I die simultaneously, or that the' order of our deaths is
uncertain, my spouse shall be deemed to have survived me.
IN WITNESS WHEREOF, I have this ~~~day of January, 2008, set my hand and seal to
this my Last Will and Testament, consisting of s' (6) pages.
s. ~~
ONDA S. BREWER
6
SIGNED, SEALED, PUBLISHED and DECLARED by RHONDA S. BREWER, the
above named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her
request and in her presence, and in the presence of each other, have hereunto subscribed our names
as witnesses.
Residence
Residence ~ ~ ~ 6~
7
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
/` We, RHONDA S. BREWER, ~ . 1 and
y(UI~G- ~1
~f_~, Testatnx and witnesses, respectively, whose names are signed to the
attached and foregoing instrument, being first duly sworn, do hereby declaze to the undersigned
authority that the Testatrix signed and executed the instrument as her last will and that she had
signed willingly, and that she executed it as her free and voluntary act for the purpose therein
expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the
Will as witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen
yeazs of age or older, of sound mind and under no constraint or undue influence.
V Y~~ ~ •
RHONDA S. BREWER
Testatrix
l1?~e.._
WITNESS
WITNESS
Subscribed and sworn to and acknowledged before me by RHONDA S. BREWER, the
~statrix, and subscribed and sworn to before me by ~,(,t~qh {'Y~ . !~ ~ „~,~~~_ and
--~/~~ /~'~ ~~~- ,witnesses, on this ~da of Jan `~-~-~~
~.~ Y nary, 2008.
~~
tary Public
COMMOPIWEAL3"H OF PENNSYLVANIA
Notarial S®al
Cheryl L. Baker, Notary Public
Lower Allen Twp., Cued County
My Commission Frpire~ Jan. 13, 2011
MernFFr ~ •;:;. HIV;"~~.;;~ ;~r,+er~
on of Notaries