HomeMy WebLinkAbout07-16-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Lawrence W. Brown
also known as
Deceased
File Number (~ ~ '~~~ ~ ~ ~~1/
Social Security Number 161-34-4759
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
.C~( A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor
last Will of the Decedent dated September 10, 2001 and codicil(s) dated N/A
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) ~-' ~ s
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution~f the instrum~s)
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A N
B. Grant of Letters of Administration
(If applicable, enter.• c.t.a.; d. b. n. c. t. a.; pendente liter durante absentia; durante mtnoritate)
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 ~
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
57 Lee Ann Court, Enola, East Pennsboro Township, Cumberland Countv, PA 17025
(List street address, town/ciry, township, county, state, zip code)
Decedent, then 68 years of age, died on March 26, 2010 at 57 Lee Ann Court, Enola, East Pennsboro Township, PA
17025
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 2,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 275,000.00
situated as follows: 348 Sample Bridge Road, Silver Spring Township, Cumberland County
Form RW-02 rev. 10.13.06
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
COUNTY OF CUMBERLAND
SS
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
before me the Iq ~rr day of
. ~.LLLL
For the egister
Signature of Personal Representative
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Signature of Personal Representative = a ~j
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File Number: D.L ~ _ ~®' ~~p~~
Estate of Lawrence W. Brown
Wills
Deceased
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Social Security Number: 161-34-4759 Date of Death: March 26 2010
AND NOW, I ~~ ~ 1;~~_, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS D ED that Letters Testamentary
are hereby granted to Judith A. Brown
in the above estate
and that the instrument(s) dated September l0, 2001
described in the Petition be admitted to probate and filed of recor tea 11( 'cil ~ec ~tl,__ _
FEES ~~ l~ /~
Letters ............... $ ~.
Short Certificate(s) ....~... $ • W
Renunciation(s) .......... $
~1C'~~ .- ... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $
Attorney Signature:
Attorney Name: Elyse E.
Supreme Court I.D. No.: 41274
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Address: Keefer Wood Allen & Rahal, LLP
635 North 12th Street, Suite 400
Lemoyne, PA 17043
Telephone: 717-612-5801
Form RW-02 rev. 10.13.06 Page 2 of 2
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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 ~.6~552~6
Certification Number
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M106113 REY 112008
TYPE/PRMTIN
PEHMANENr
IAAq( INK
This is to certify that the information here given i
carrectly copied from an original Certificate of Deat
duly filed with me as Local Registrar. The origin-
certificate will be forwarded to the State Vit 5 Records Office for permanent filing.
C~i~r+~ ~ arc. t~ `na. ~ ~-M~~..,A t~ ? 9(1.010
Local Registrar Data Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
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`"°"~'Ye~" °B~'d""°"n''°'''"°~ CRAIG A
BRADLEY
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LAST WILL AND TESTAMENT OF
LAWRENCE W. BROWN
I, LAWRENCE W. BROWN, of Cumberland County, Pennsylvania,
do hereby make this my Last Will and Testament, revoking any and
all former Wills and Codicils made by me.
FIRST: I am married to Judith A. Brown, and all references
to my wife in this Will are to her. I have two children: Tara
Brown Novosat (born December 15, 1971) and Kenneth S. Brown
(born December 12, 1973). These children are described in this
Will as "my children, " or as "a child of mine. " Any person born
to or adopted by a child of mine is described in this Will as
"my issue." Provided, however, no adopted person shall benefit
hereunder unless the order or decree of adoption is entered
before such adopted person attains the age of twenty-one (21)
years.
SECOND: I give, devise, and bequeath my tangible personal
property and all casualty insurance that I am carrying on said
tangible personal property to my wife, Judith A. Brown, if she
survives me. I have complete confidence that my wife or my
Executor will honor any written instructions that I may leav~~
with regard to said tangible personal property. C=°~-~ e~ ~ ;'`•A
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THIRD: If my wife does not survive me, I give, devise,
and bequeath my Fostoria collection to my daughter, Tara Brown
Novosat.
FOURTH: If my wife does not survive me, I give, devise,
and bequeath my art work, collectibles, and art collection to
my children to be divided between them as they may agree. If
they are unable to agree, they shall take turns selecting they
items they wish, one item at a time, in alternating style,
staring with my son. Any items not distributed shall be sold,
and the proceeds added to my residuary estate to pass as
hereafter described.
FIFTH: If my wife does not survive me, I give, devise,
and bequeath all the contents of my primary personal residence
not covered by the paragraphs above and all of the contents of
any and all other residences to my son, Kenneth S. Brown.
SIXTH: If my wife does not survive me, I give, devise,
and bequeath all of my real estate, except the real estate known
and numbered as 348 Sample Bridge Road, Silver Spring Township,
Cumberland County, Pennsylvania, to my son Kenneth S. Brown,
provided, however, that my said son shall sell the real estate
known and numbered as 351 Sample Bridge Road, Silver Spring
Township, Cumberland County, Pennsylvania, to my daughter, Tara
Brown Novosat, at her option, at fair market value of said
property as of the time she exercises said option.
SEVENTH: If my wife does not survive me, I give, devise,
and bequeath any and all interest I may own in LL Brown, Inc.,
and the real estate known and numbered as 348 Sample Bridge
Road, Silver Spring Township, Cumberland County, Pennsylvania,
to my daughter, Tara Brown Novosat.
EIGHTH: If my wife does not survive me, I suggest, but
do not require that my children give ten percent (10%) of the
net cash left at the time of my estate settlement to the church
where I was a member at the time of my death.
NINTH: If my wife, Judith A. Brown, shall survive me, I
bequeath to my Trustee, hereinafter named, IN TRUST NEVERTHE-
LESS, cash, securities or other property in the amount specified
below, to be known as the "Bypass Trust."
(1) The bequest shall be $675,000, subject however,
to Paragraphs ( 2 ) and ( 3 ) below .
(2) The bequest shall increase or decrease, based
upon the availability of my federal unified credit for estate
and gift taxes and the maximum allowable federal estate tax
credit for state death taxes (but only to the extent that the
use of such state death tax credit does not increase the death
tax payable to any state), whether due to statutory changes,
lifetime gifts in excess of the federal unified estate and gift
tax exemption-equivalent amounts, or any other transfer which
affects the availability of my federal credits aforesaid.
(3) The bequest shall decrease, even to zero, if
necessary to reduce federal estate tax payable as a result of
my death to zero, considering that my intention is to fund the
Bypass Trust by using my available federal unified credit for
estate and gift taxes and my federal estate tax credit for state
death taxes and to eliminate federal estate tax on the balance
of my federal taxable estate by using the federal estate tax
unlimited marital deduction.
TENTH: I give, devise, and bequeath the rest, residue and
remainder of my estate, real and personal, to my wife. Should
she not survive me, I give, devise, and bequeath such rest,
residue and remainder to my children, Tara Brown Novosat and
Kenneth S. Brown in equal shares, per stirpes.
ELEVENTH: The Bypass Trust shall be held, administered and
distributed as follows:
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(1) My Trustee shall pay to or apply for the benefit
of my said wife, until division into shares pursuant to
Paragraph (5), all of the net income from the Bypass Trust in
convenient installments, but not less than quarterly, in such
shares and proportions as my Trustee in its sole discretion
shall determine primarily for the medical care, education,
support and maintenance in reasonable comfort of my said wife,
taking into consideration to the extent my Trustee deems
advisable, any other income or resources of my said wife known
to my Trustee, considering that my wife is the primary object
of my bounty.
(2) Prior to division into shares pursuant to Para-
graph (5), my Trustee may pay to or apply for the benefit of my
said wife such sums from the principal of the Bypass Trust in
such shares and proportions as in its sole discretion shall be
necessary or advisable from time to time for the medical care,
education, support and maintenance in reasonable comfort of my
said wife, taking into consideration to the extent my Trustee
deems advisable, any other income or resources of my said wife
known to my Trustee, considering that my wife is the primary
object of my bounty.
(3) In addition to the income and discretionary
payments of principal from this Trust, there shall be paid to
my said wife during her lifetime from the principal of this
Trust upon her written request during the last month of each
fiscal year of the Trust an amount not to exceed during such
fiscal year the amount of Five Thousand Dollars ($5, 000) or five
percent (5%) of the aggregate value of the principal of the
Bypass Trust on the last day of such fiscal year without
reduction for the principal payment for such fiscal year,
whichever is greater. This right of withdrawal is noncumula-
tive, so that if my said wife does not withdraw, during such
fiscal year, the full amount to which she is entitled under this
Paragraph, her right to withdraw the amount not withdrawn shall
lapse at the end of that fiscal year.
(4) My wife shall have a special power to appoint all
or any portion of the Bypass Trust during her lifetime by
written document, delivered to my Trustee, referring expressly
to this Article, or by Will, validly executed and attested
referring expressly to this Article, among such other person or
persons hereinafter named or described absolutely or in trust,
as she may indicate. This special power of appointment is
,~~
exercisable only in favor of a child of mine as described in
this Will or to the issue of any such child. My aforesaid wife
shall have no power to appoint the principal of this fund or
income accumulated thereon to herself, her estate, to her
creditors, or to the creditors of her estate. My Trustee may
rely upon an attested Will probated in any state that otherwise
meets the requirements of this Paragraph.
(5) In default of the exercise of such power of
appointment by my said wife, or insofar as any part of the
Bypass Trust shall not be effectively appointed, then upon the
death of my said wife, the entire remaining principal of the
Bypass Trust, or the part of such trust not effectively
appointed shall be divided into equal separate shares so as to
provide one (1) share for each then-living child of mine and one
(1) share for each deceased child of mine who shall leave issue
then living. The share provided for a living child of mine
shall be distributed to such child. The share provided for a
deceased child of mine who shall leave issue then living shall
be distributed per stirpes to such issue.
TWELFTH: If any share hereunder becomes distributable to
a beneficiary who has not attained the age of twenty-five (25)
-7-
years, then such share shall immediately vest in such benefici-
ary, but notwithstanding the provisions herein, my Trustee shall
retain possession of such share in trust for such beneficiary
until such beneficiary attains the age of twenty-five (25)
years, using so much of the net income and principal of such
share as my Trustee deems necessary to provide for the proper
medical care, education, support and maintenance in reasonable
comfort of such beneficiary, taking into consideration to the
extent my Trustee deems advisable any other income or resources
of such beneficiary or his or her parents known to my Trustee.
Any income not so paid or applied shall be accumulated and added
to principal. Such beneficiary's share shall be paid over and
distributed to such beneficiary upon attaining the age of
twenty-five (25) years, or if he or she shall sooner die, to his
or her executors or administrators. I recommend that my Trustee
consider distributing all income from such share to such
beneficiary when such beneficiary attains the age of twenty-one
(21) years. My Trustee shall have with respect to each share
so retained all the powers and discretions had with respect to
the trusts created herein generally.
THIRTEENTH: If any beneficiary and I should die under such
~~
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circumstances as would render it doubtful whether the benefi-
ciary or I died first, then it shall be conclusively presumed
for the purposes of this my Will that said beneficiary prede-
ceased me; provided, however, that if my wife shall die with me
as aforesaid, I direct that my wife shall be conclusively
presumed to have survived me.
FOURTEENTH: (1) I name Judith A. Brown as my Executrix.
If she is unable or unwilling to serve, I name Tara Brown
Novosat as my Executrix. I direct that my Executrix or
Executor, herein referred to as my Executor regardless of number
or gender, serve without bond in any jurisdiction in which
called upon to act.
(2) I name Tara Brown Novosat of Mechanicsburg,
Pennsylvania as my Trustee. If she is unable or unwilling to
serve, I name Howard K. Brown of Enola, Pennsylvania, as my
Trustee. I direct that my Trustee, herein referred to as my
Trustee regardless of number or gender, serve without bond in
any jurisdiction in which called upon to act.
(3) Except as otherwise provided herein, if my
Executor or Trustee or any successor as herein defined should
fail to qualify as Executor or Trustee hereunder, or for any
~'~
reason should cease to act in such capacity, the successor or
substitute Executor or Trustee shall be some bank or trust
company with trust powers, which successor or substitute
Executor or Trustee shall be designated in a written instrument
filed with the court having jurisdiction over the probate of my
estate or by the court having jurisdiction over such Trust. The
situs of the Trust may be transferred to the situs of such
successor or substitute Executor or Trustee by designation in
the written instrument aforesaid.
(4) For services as Executor and Trustee, my Executor
and Trustee shall receive reasonable compensation.
FIFTEENTH: (1) I give to any Executor and to any Trustee
named in this Will or any Codicil hereto or to any successor or
substitute Executor or Trustee all of the powers enumerated in
this Will and all of the powers applicable by law to fiduciaries
in the Commonwealth of Pennsylvania and in particular through
the Pennsylvania Probate, Estates and Fiduciaries Code, as
effective and as in effect on the date hereof, during the
administration and until the completion of the distribution of
my estate, and until the termination of all trusts created in
this Will or any Codicil hereto and until the completion of the
-10-
distribution of the assets of such trusts. I direct that all
such powers shall be construed in the broadest possible manner
and shall be exercisable without court authorization.
(2) In determining the federal estate and income tax
liabilities of my estate, my Executor shall have discretion to
select the valuation date and to determine whether any or all
of the allowable administration expenses in my estate shall be
used as federal estate tax deductions or as federal income tax
deductions and shall have the discretion to file a joint income
tax return with my wife. My Executor shall have the authority
to make a QTIP election or a reverse QTIP election with respect
to any trust created under this Will and shall have the
discretion to allocate the $1,000,000 Generation Skipping Tax
exemption as he deems appropriate.
(3) If at any time any trust created hereunder (or
any share thereof if the trust shall have been divided into
shares) shall be of such value that, in the opinion of my
Trustee, the administration expense of holding the assets
contained therein in trust is not justified, my Trustee, in its
absolute discretion, may terminate such trust and distribute the
trust property to the person or persons then entitled to receive
-11-
or have the benefit of the
representative of such person.
beneficiary, my Trustee shall
income beneficiaries in the
beneficiaries or if no proport
to such beneficiaries.
income therefrom or the legal
If there is more than one income
make such distribution to such
proportion in which they are
ion is designated in equal shares
(4) My Executor and Trustee are authorized and em-
powered to acquire and to retain, either permanently or for such
period of time as my Executor or Trustee may determine, any
assets, including the capital stock of any closely held corpora-
tion, whether such assets are or are not of the character
approved or authorized by law for investment by fiduciaries and
whether such assets do or do not represent an overconcentration
in one investment.
(5) My Executor and my Trustee are authorized and
empowered to disclaim any interest, in whole or in part, of
which I, my Executor, or my Trustee, may be the beneficiary,
devisee, or legatee, by executing an appropriate instrument (in
accordance with section 2518 of the Internal Revenue Code of
1986, as amended and supplemented, or such similar section as
may then be in effect).
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(6) My Executor and Trustee are authorized and em-
powered to sell at public or private sale, or exchange, and to
encumber or lease, for any period of time, any real or personal
property and to give options to buy or lease any such property.
Additionally, my Executor and Trustee are authorized and em-
powered to compromise claims, to borrow from anyone (including
a fiduciary hereunder) and to pledge property as security
therefor, to make loans to and to buy property from anyone
(including a fiduciary or beneficiary hereunder); provided that
any such loans shall be adequately secured and at a fair
interest rate.
(7) My Executor and Trustee are authorized and em-
powered to allocate property, charges on property, receipts and
income among and between principal or income, or partly to each,
without regard to any law defining principal and income.
SIXTEENTH: No person who at any time is acting as a
Trustee or co-trustee (if any) hereunder shall have any power
or obligation to participate in or to exercise any discretionary
authority that I have given to my Trustee to pay principal or
income to such person, or for his or her benefit or in relief
of his or her legal obligations. Such discretionary authority
shall be exercised solely by a disinterested co-trustee.
-13-
SEVENTEENTH: No interest of any beneficiary under this
Will, any Codicil hereto, or any trust created herein, shall be
subject to anticipation or to voluntary or involuntary alien-
ation.
EIGHTEENTH: All estate, inheritance, succession and other
death taxes imposed or payable by reason of my death and
interest and penalties thereon with respect to all property
comprising my gross estate for death tax purposes, whether or
not such property passes under this Will, shall be paid out of
the residue of my estate, as if such taxes were expenses of
administration, provided, however, that such taxes shall be
apportioned or reimbursed. I authorize my Executor and Trustee
to pay all such taxes at such time or times as deemed advisable.
[INTENTIONALLY LEFT BLANK]
-14-
IN WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this 10th day of September 2001.
~jv
WRENCE W. BROWN
SIGNED, SEALED, PUBLISHED, and ~ /
DECLARED by LAWRENCE W. BROWN, ~ ,~'~ ~~
.----
as and for his Last Will and '~ ~~_~
Testament, on the day and year
last above written, in the
presence of us, who, at his ~ C_
request, in his presence, and ~,
in the presence of each other,
all being present at the same
time, have hereunto subscribed
our names as witnesses : ~_~~~~.
-15-
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
WE, Lawrence W. Brown and
Patricia D. Olyarnik ,
the Testator and the witnesses,
Wayne M. Pecht ,
and Elizabeth J. Goldstein ,
respectively, whose names are
signed to the attached or 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 (willingly directed another to sign
for him), 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 witness and to the best of his or her knowledge the
Testator was at that time eighteen (18) years of age or older,
of sound mind, and under no constraint or undue influence.
~iC/ --
awren e W. Brown, estat~or
~ //
Witnes
Witness
Witness
Subscribed, sworn to, and acknowledged before me by Lawrence W.
Brown, the Testator, and subscribed and sworn to before me by
Wayne M. Pecht__~ Patricia D. 0lyarnik and
Elizabeth J. Goldstein witnesses, this 10th day of September
2001 . ) ~,~ ( ~
Not ry
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Public
-16 - Camp Hill Boro., Cumberland Counttyy
M C~mmPssionExpres-Jan. 24,2Q{~4