HomeMy WebLinkAbout02-19-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Ruth E. Van Brakle
also known as Ruth S. Van brakle
Deceased
File Number ___~ ` -, U -
Social Security Number 185-28-1862
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELpW.)
m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the co-execcutors named in the
last Will of the Decedent dated July 27, 1994 and codicil(s) dated
(State relevant circumstances, e.g., renunctatton, 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:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate)
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following ~~ (if any) ~3l heirs~(If,,.;L:
Administration, c.t.a. or d.b.n.c.t.a., enter date o Will in Section A above and com lete list o heirs. ~ -~
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(COMPLETE !N ALL CASES:) Attach additional sheets if necessary. "~' ~ .µ'~ ~ ~
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
Messiah Village 100 Mount Allen Ddve Mechanicsburg, PA 17055. Cumberland County Uooer Allen Township
(List street address, town/city, township, county, state, zip code)
Decedent, then 87 years of age, died on January 17, 2010 at
Messiah Village 100 Mount Allen Ddve Mechanicsburg. PA 17055, Cumberland Countv Uaner Allen Township
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 150,000.00
(If not domiciled in PA) Personal properly in Pennsylvania $ 0.00
(If not domiciled in PA) Personal property in County $ 0.00
Value of real estate in Pennsylvania $ 0.00
situated as follows:
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:
Si ature T d or rinted name and residence
~'~~ ~ ~ Kazen R. Worley, 178 Plank Road, York Springs, PA 17372
„~ j~/~ / _ ~o John D. Van Brakle 1731 Penns Crossing, Allentown, PA 18104
Form RW-02 rev. !0. /3.06 Page 1 of 2
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 affirmed and subscribed G+~ih Ll/ N
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For the Re s r Signature of Personal Representative ~O'r7 ~ -~`_
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File Number: ~ ~ ~ U - ~ 1 ~D~'I
Estate of Ruth E. Van Brakle ,Deceased
Security Number: 185-28-1862
Social Date of Death:lanuar y 17, 2010
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AND NOW, tC~ R~QI`~, ~q ~61U , in consideration of the foregoing Petition, satisfactory proof
having been presented before me,~' IS DECREED that Letters Testamentary
are hereby granted to Karen R. Worley and John D. Van Brakle
in the above estate
and that the instrument(s) dated July 27, 1994
described in the Petition be admitted to probate and filed of record as the--{{~~la~~st,,~~Will (and Codicil(s)) f Decedent.
FEES ~~~~1.
/'~ Register of Wills
Letters ............... $ ~ V ~ - ~_
Short Certificate(s) ........ $ ~ d~
Renunciation(s) .......... $
(,lJ ~~ ... $ 0~
... $ v
... $ ~
... $
... $
... $
... $
... $
... $
TOTAL .............. $L~I6 • ~ ~'
Attorney Signature: ~ ~"
Attorney Name: Daniel D. Worley
Supreme Court I.D. No.: 89029
Address: 101 E. Philadelphia St
York, PA 17401
Telephone: (717)854-5914
Form RW-01 rev. 10.13.06 Page 2 of 2
_ _ _
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LOCAL REGISTRAR'S CERTIFICATION OF DEATHI
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15934989
Certification Number
This is to certify that the information hers: given is
correctly copied from an original Certificate. of Death
duly filed with me as Local Registrar. Th~~ original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
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Local 1[~egistrar Date Issued
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REV 1t/2008 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
PRIM IN
MNENi CERTIFICATE OF DEATH
"KINK (See instructions end examples on reverse) ~,ar~ ~„ ~,,,,,,,~o
1. Name d Degeed (Pint, mxktb, bsl, addx) 2. Sex 3. Soclel Seadry kkxnher 4. Date d Death (Month, day, year)
Ruth S. Van Brakle Female 185 - 28 ~ 1862 January 17, 2010
5. Aga (last Birdtrby) lklda 1 Under 1 8. Dale of Bldh (Month, er) 7, Bdhpkq (Cdy and stale d for n toad) Ba, Place of Death Check ml one)
W°"n' save Irowa rAxxr Hgpdal: Olnec
87 Yra. September 16, 1922 York, PA ^Inpedam ^ER/Outpeeenl ^DOA ®Nursing Home ^ResMenq ^Omd Speciry
Bb. County d DeaM &. City, Born, Twp. of Death /b. FadHy Nerre pf rat iMaulron, give ,heat and number) 9. Wes Decedent of Hispanic Origin? ~] Na ^ Yes f D. Race American Indian, Black, While. am.
Cumberland Upper Allen T4ap (II yea, speary Cugn, (Specihl
Yr1~SS~~1 {-~ V= LLB Gam" Mexican
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white
11. OecetlmYs lhratl - lion Kbd dwork done mast d Ida, Do rat stele red 12. Was Decedent aver in du 13. Degdenl'a Edpalion (Spedry only highest grade compbled) 14. Mental Status: Marred, Never Monied, 15. Surviving Spouse (Ii wile, give maioen name)
Kintl d Work Kind d BueMess I kxkntry U.S. Armed Forces? Elementary! Secondary (412) Colbge (1d or 5+) Wes. Divarcetl (spea'M
Dietician Food Service ^Yea ®Na 12 4 Widowed
18. DacedenYe adaiig Address (Street, dry /town, slate. dP mde)
178 Plank Road Decedent's pid Decedent
AaadReddenq na.Sleu Pennsylvania TN
na®Yea.DegdemlroeoM Latimore Twp
York S rin s
PA 17372
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,7b.Counry Adams na ^ Np,0«edemLivedweNn
, Aalud tkMLa d city / Sora
1S Fatlafs Name (Fxd, midde, last, sulPot) t3. Mdher'e Name (Flint. nddde, melddl eanemel
George Edward Smith Mabel Amelia Goodling
20a. Inbrrrlafak Name RYDe / Prirlll 20b. InlmrlrlCa Mai&g Adaees ISM, dN /lam, slab, zip coda)
Karen R. Worley 178 Plank Road, York Springs, PA 17372
21e. Methotl d Diepoedion ^ Cremebon ^ Dealer 21b. Dare d Dispo&tlal (Month, deµ year) 21c. Place d Dlapg8ial(Name d grnenry, crematory a dher place) ltd. Loceaan (City /tam. state. zip qpe)
®~ ^ Removallrontstale ~w»cromatlatd0dWbnAtdhahed
^ Drier - sbedM by kdedlglExendrw l coroner? ^ yea ^ No Januar 19, 2010
Y Pros act Hill Cemeter
P Y Manchester Tw
p . , PA 17 40 4
22a. Signetue (a M adkg a eats) 22b. ligrae Number 72a Nmle and Address of Federy
- FD 012 848 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070
Campbu Items astllyirg 23e. To the bed d my knowledge, dwM scared d the 1krtB, date and phq dated. (SlgruMe and tlde) 23b. License Number 23c. Date 5
goad (MDdh
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phyeidan r rid avedebb al lhlu d deeM b ,
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b ~ D 28. Wes Case Relenetl ro Mxkgl Examiner /Coroner for a Reason Other Men Cremation or Donation?
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CAUSE OF DEATH (See end esempNS)
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LAST WILL AND TESTAMENT ~=~ ~ ~._, _`:~r
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OF C =-',-n ~-- ~-
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RUTH E. VAN BRAKLE ~~'
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I, RUTH E. VAN BRAKLE, now of Harrisburg, Dauphin County, Pennsyl~a~a~;.beir„~, ~_
of sound and disposing mind, do hereby make, publish, and declare this to be my Last Will and
Testament, hereby revoking and making null and void all prior Wills and Codicils made by me
at any time heretofore.
ITEM I. I direct that all my legally valid debts, funeral and administrative
expenses, and debts incurred or payable because of my death, shall be paid by my Executor,
hereinafter named, from my residuary estate as soon after my death as practicable. All death
taxes, including federal, state, and other death taxes, with respect to the property forming my
gross estate for tax purposes, whether or not passing under this Will, including any interest or
penalty imposed thereon, shall be considered an expense of administration of my estate, without
apportionment or right of reimbursement. Taxes on future interests may be prepaid.
ITEM II. I give and bequeath certain items of tangible personal property that
are solely owned by me at the time of my death and that are identified in any separate writing
directing distribution thereof after my death which is dated and is signed by me at the end
thereof, to those persons designated in such separate writing who survive me. If any item of
tangible personal property is identified in more than one separate writing, I direct that, unless
stated to the contrary, the separate writing bearing the last date shall govern the disposition of
such item.
ITEM III. I give and bequeath all my household and personal effects, jewelry,
automobiles, and other tangible personalty of like nature not effectively disposed of by any
separate writing referred to above, outright in equal shares to my children, namely, KAREN R.
WORLEY, now of York Springs, Pennsylvania, JOHN D. VAN BRAKLE, now of Allentown,
Pennsylvania, and JAMES D. VAN BRAKLE, now of Hershey, Pennsylvania, who survive me
by thirty (30) days; Provided, however, that if such a child of mine does not so survive me, but
leaves descendants who so survive me, such descendants shall receive, yer stirpes, the share that
such child of mine would have received had he or she so survived me. Such property shall be
divided by my said beneficiaries as they shall agree. As to those items upon which they shall
not agree, distribution shall be determined by my Executor in the absolute and sole discretion
of my Executor.
ITEM IV. I give, devise and bequeath all of the residue of my estate, whether
real, personal, or mixed, and wherever situate, outright in equal shares to my children, namely,
KAREN R. WORLEY, now of York Springs, Pennsylvania, JOHN D. VAN BRAKLE, now
of Allentown, Pennsylvania, and JAMES D. VAN BRAKLE, now of Hershey, Pennsylvania,
who survive me by thirty (30) days; Provided, however, that if such a child of mine does not
so survive me, but leaves descendants who so survive me, such descendants shall receive, der
st' es, the share that such child of mine would have received had he or she so survived me.
ITEM V. The interest of beneficiaries hereunder shall not be subject to
anticipation or to voluntary or involuntary alienation.
ITEM VI. I hereby appoint my daughter, KAREN R. WORLEY, now of York
Springs, Pennsylvania, and my son, JOHN D. VAN BRAKLE, now of Allentown,
Pennsylvania, to serve together as co-executors (collectively, my "Executor"), of this, my Last
Will and Testament. In the event of the refusal or inability of either of such named persons to
so serve, I then nominate and appoint my son, JAMES D. VAN BRAKLE, now of Hershey,
Pennsylvania, to serve with the remaining co-executor as a successor co-executor, together
serving as Executor.
ITEM VII. I appoint the survivor(s) of my children, namely, KAREN R.
WORLEY, now of York Springs, Pennsylvania, JOHN D. VAN BRAKLE, now of Allentown,
Pennsylvania, and JAMES D. VAN BRAKLE, now of Hershey, Pennsylvania, to serve together
as the Custodian, pursuant to the provisions of the Uniform Transfers (or Gifts) to Minors Act,
as in effect from time to time in the state where an affected beneficiary resides, for any
beneficiary hereunder who has not attained the age of twenty-one (21) years of age when his or
her interest is distributable to him or her, and I direct that the administration and distribution
3
of any such interest shall be governed by such Act. If there is no such surviving child of mine
to serve as such Custodian, then the Custodian shall be that person so appointed by my
Executor.
ITEM VIII. I direct that my Executor shall not be required to give bond or post
any other security for the faithful performance of duties in any jurisdiction.
ITEM IX. Any person who shall have died at the same time as me, or in a
common disaster with me, or under such circumstances that it is difficult or impossible to
determine who died first, shall be deemed to have predeceased me.
ITEM X. My Executor shall have the following powers in addition to those
invested by law and by other provisions of my Will applicable to all property, whether principal
or income, exercisable without Court approval, and effective until distribution of all property:
A. To retain any investments I may have at my death so long
as my Executor may deem it advisable to my Estate so to do.
B. To vary investments, when deemed desirable by my
Executor, and to invest in such bonds, common trust funds, stocks, notes, real
estate mortgages, or other securities or in such other property, real or personal,
4
as my Executor deems wise, without being restricted to so-called "legal
investments".
C. In order to effect a division of the principal of my Estate
or for any other purpose, including any final distribution, my Executor is
authorized to make said divisions or distributions of the personalty and realty
partly or wholly in kind. If such division or distribution is made in kind, said
assets are required to be divided or distributed at their respective values on the
date or dates of their division or distribution.
D. To sell either at public or private sale and upon such terms
and conditions as my Executor may deem advantageous to my Estate, any or all
real or personal estate or interests therein owned by my Estate severally or in
conjunction with other persons or acquired after my death by my Executor, and
to consummate said sale or sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title, free and clear of all trust
and without obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity of said sale
or sales; also, to make, execute, acknowledge, and deliver any and all deeds,
assignments, options, or other writings which may be necessary or desirable, in
5
carrying out any of the powers conferred upon my Executor in this paragraph or
elsewhere in my Will.
E. To mortgage real estate, and to make leases of real estate
for any period of time as my Executor may deem reasonable.
F. To borrow money from any party to pay indebtedness of
mine or of my Estate, expenses of administration, or inheritance, legacy, estate,
or other taxes.
G. To pay all costs, taxes, expenses, and charges in cannection
with the administration of my Estate. My Executor shall pay expenses of my last
illness and funeral expenses.
H. To vote any shares of stock which form a part of my Estate,
and to otherwise exercise all the powers incident to the ownership of such stock.
I. To compromise claims and to abandon any property which,
in my Executor's opinion, is of little or no value.
6
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will
and Testament, consisting of seven (7) typewritten pages, this ~ 7 day of July, 1994.
~!~~ ~ U~ ~~,..~l~c.~. (SEAL)
RUTH E. VAN BRAKLE
We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published
and declared by the above-named Testatrix, RUTH E. VAN BRAKLE, 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 set our hands and seals the day and year above written, and we
certify that at the time of the execution thereof, the said Testatrix was of sound and disposing
mind and memory.
residing at 1 ~Q~}t,;~~ ~~.~v2
~~~'~- ~ residing at
Cgf1~5~ ~ 1~1di
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7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. SS..
We, RUTH VAN BRAKLE, the Testatrix, and ~ ,and
~~ ~en~.r5 ~~~ ,the witnesses, respectively, whose nam s e signed to the foregoing
u><strument, being first duly sworn, do hereby declare to the undersigned's 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 purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness
and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
;~~~ ~ ~~
RUTH E. VAN BRAKLE
Witness
~~~ ~.--
W ess
Subscribed, sworn to and acknowledged before me by the Testatrix, RUTH E. VAN BRAKLE,
and subscribed and sworn to before me by ~~ _ and~~V--4~~.~-r~.~-.~,~~=~,
witnesses, this ~ 7~ day of July, 1994.
~.~I
tart' Public
(SEAL)
[NEH:WIL#15\vanbrakl.wll] 1<IMF3ERLY DTMILILEfi, NoL~ry public
hlarrisburg, Dauphin County
M Commission Ex fires Au . 19, i X35
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