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HomeMy WebLinkAbout01-28-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Jeannette C. Brett File Number 21-11 - ~ a6 also known as ,Deceased Social Security Number 154-18-5341 Thomas M. Brett Jr. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ;4' or '8' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the last Will of the Decedent, dated 03/2r-/ggq2 and codicil(s) dated J13/1R/199R State relevant circumstances, e.g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: ^ B. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d. b.n.c.t.a.; pedente liter durance absentia; durante minonfate) 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 on Section A above and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: Name Relationship Residence C7 Cam.::: TJ ~ ~' • ', ~ _ rr, ; . r- r ~~ ; (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~ ~ '~ ~ _°=_` :~-. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last princip~ Ise dente at ~_ ` T rn 824 Lisburn Road, Camp Bill, Lower Allen, Cumberland. PA 17011 °•~ ' ~. ~' (List street address, towNcify, township, county, state, zip code) Decedent, then ~_ years of age, died on 12/12/2010 at 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: 375.000.00 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: signature T ped or printed name and residence Thomas M. Brett Jr. 6105 Wallingford Way J~i/~~~~"~ ~ ~~_ Mechanicsburg, PA 17050 B'~ Form RW-02 Rev. 12-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2 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 this --y~ day of C Signature of Personal Representative Thomas M. Brett Jr. ., n Signature of Personal Representative ---t - =~ cra F r the Register Signature of Personal Representative / ~ ~ Q ~ -'.~' "~ File Number: 21-11 ~-J ~U Estate of Jeannette C. Brett ,Deceased Soci~~al~~Se~~--c~~,,~urity Number: 154-18-5341 Date of Death: 12/12/2010 AND NOW, ~o " ~ ~ ~_ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREE hat Letters Testamentary are hereby granted to Thomas M. Brett Jr. in the above estate and that the instrument(s) dated 03/20/1992 03/18/1998 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... $ Short Certificate(s) ....................... $ ~'~, ~~ Renunciation(s) ............................ t ~_ l 1 ~'~U $ 15,GrQ $ ~.Q~ $ ~3% ~~ $ ~ ~ ~l~ Att Att - nu~,nac~ ~. oar~gs Supreme Court I.D. No.: 41263 Address: 429 South 18th Street TOTAL ................................... $ ~ ~ . U~ Camp Hill, PA Telephone: 717/730-7310 Form RW-OY Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 IO..R0.5 RE'.~ ((11N') / I~ I I ~' P~./ 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 17045722 Certification Number This is to certify that the information here given correctly copied from an original Certificate of Dea duly filed with me as Local Registrar. The origin certificate will be forwarded to the State Vit Records Office for permanent filing. ~~ ~ °~`' ~. DEC ~~, ?D~9 _ Local Registrar Date Issued n - C ~ `~ ~ ~7 ~.... ~i `~ j I V • `-J ~? ~ JC ~..• 1T D --~! ~ f.~ s=n ~x-, ~~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS acirc CERTIFICATE OF DEATH (See Inatrualons and examples on rowPSS) •r,x ~, ~ ,,,,,,___ ~. ~. a u.wau treat mma, rq suss) 2.9r 3. saw Seoumy Nrnber !. Mr a Dean 1, ry, Y••A Jeannette C. Brett Female 154 - I8 i 5341 December 12, 2010 s. ~ l~+exma.yl t>„d. + tAaar 1 e. Der d 13bn T. ampboe 1 std slab « b.. PYr d Dean e~rdc or d•re 11•.. rears Dbror 88 vn. December 31, 1921 Oaklane PA , ^ , ^ eR f aepoled ^ ~~ ^ p,xrq Har ® ^adrr. sped. • es. couay a D.wt x. cny, t3ao, TwP• a 13Mh na. Fedry Noma (n na aruaar, d,e r..l end taetbeQ b. w.e Decedare a t+bpame odpny ®No ^ yr 10. stet,: NnMCSn ltldlen, nrct wane, eb. • Cumberland Lower Allen Twp. The Woods at Cedar Run (n~'~''~"ibin' ( Merrn~ Blab ~,.b.l ~ Whit e n. Mrdad'a Uaw a cart ear nra a bk M not eYta 1z. yyr Moadue war n tlr 1a Derdud'e Eduwudn (spedty any MptrM prle camwedl u. MaaXal 9uhx Herded, New Mertbd, ns. survive sans a wan iaa a llabeu f lntluaDy u: "° ~ar• In wna, on+ ~n.aa, ~wr) ~ ®rio s'n"A01ry f1~2 itlary fa1x1 cdea (1~ «s«) Wb°"ae. ~IX~a (sP.anrt Homemaker Domestic Widowed • 1d. DerdanFa Melaq N16ar lew•4 d+Y / taws, dre, bD Dose) Derdatd'e 824 Lisburn Road Aabwibaa.e.. v..srr_ Pennsylvania 1Td.®w,,MrdrllNadin Lower Allen Txp Camp Hill, PA 17011 1Tb. cagy Cumberland nd.^No, Marad lived watF ~ thdr a sty / ttao 1& FMrIa Name (fiat, mlddb, YeL edn,) 18. Mdtrre Name (FMet, middle nrbr summa) , Joseph Kirchmann Rose Elizabeth Erkena 20e. tdanrnP. Nrr (typ.l PrYk) zttb. 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Lkarre NumEar C / 17 5 '~ L ` 3 Drs ~d ~M•r) On tlr UaaN d mmbeaon sad I «bvrtlpMbn b •M epadon loan ecarrad r tl b d d ~ O b q l / ( ~ ~ ( , , r aM ah an pNr, rr dr b ar ruays) rtd nwxw r eurd_ ^ ~ 31. Nrr eneAddnee d Penn Who Cargrrd Ceur I Derr (IN m 27) Type f PrM ffi. Nayr.r.. ~ ~~rti t>wna ~ ~I / I ~ I l I / se: ore Fbd ~.day,yrn Uomin')~Mlrccchi•~0 . ... I I f,Z i j O / 0 )u8 laty+ht,.t- Strccf', terrtOV (1('_ ~ -7R 170 V orear~nat Perron ryo. _ _ ();r-{ 22C~~ DWD/March 5, 1992/14622 ~-1 ~ ~ ~t~t ~~ill ~ n~ C~ P~~~ mc~erck __ ._a ~_ ~a_ . . -= , - ~,_ ~ i j ~ ~ JEANNETTE C. BRETT _ ~; _ ~ ~ ~~..~ . ~ ` y ~ ~\\~ I, JEANNETTE C. BRETT, of the Borough of New Cumberland, Cumberland County, Pennsylvania, do make, publish and deciaze this to be my Last Will and Testament, hereby revoking and making void any and all former Wills made by me. ARTICLE I I direct my Executor to pay all the expenses of my last illness, of my funeral and burial and of the administration of my estate as soon as practical after my decease. ARTICLE II I direct my Executor to pay all inheritance, transfer, state and similar taxes (including interest and penalties) assessed or payable by reason of my death on any property or interest in property which is included in my estate for the purpose of computing taxes. My Executor shall not require any beneficiazy under this Will to reimburse my estate for taxes paid on property passing under the terms of this Will. ARTICLE III I bequeath my automobiles, household and personal effects and other tangible property of a like nature (not including cash and securities) together with any existing insurance thereon, to my husband, Thomas M. Brett, provided he shall survive me by thirty (30) days. Should my husband, Thomas M. Brett, predecease me or die on or before the thirtieth (30th) day following my death, I bequeath such items of tangible personalty and the insurance thereon, to my children, Jeannette K. Hafey, Patricia M. Gallagher, DWD/March 5, 1992/14622 Shirley T. Spangler, and Thomas M. Brett, Jr., to be divided between them by my Executor in as nearly equal shares as practical. ARTICLE IV I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wherever situate, to my husband, Thomas M. Brett, provided he survives me by thirty (30) days. Should my husband, Thomas M. Brett, predecease me or die on or before the thirtieth (30th) day following my death, I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wherever situate, to my four (4) children, Jeannette K. Hafey, Patricia M. Gallagher, Shirley T. Spangler, and Thomas M. Brett, Jr., in equal shares. Should any such child predecease me, then his or her share shall pass per stirpes to any issue of that child, in equal shares. If that child has no living issue, the portion of my estate otherwise reserved for that child shall be distributed to their surviving spouse provided my child and his/her spouse were living together and married at the time of my child's death. ARTICLE V I nominate and appoint my husband, Thomas M. Brett, as Executor of this my Last Will and Testament, and require that said Executor serve without bond. In the event that the above named Executor shall, for any reason, fail to qualify, or having qualified, fail to complete the administration of my estate, I nominate and appoint Jeannette K. Hafey as Executrix of this my Last Will and Testament. Should both of the above named persons, fail to qualify or cease to act as my Executrix, I nominate and appoint Patricia M. Gallagher as my Executrix. Should Patricia M. Gallagher fail to qualify or cease to act as my Executrix, I appoint Shirley T. Spangler as my Executrix. Should Shirley T. Spangler fail to act or cease to qualify as my Executrix, I appoint Thomas M. Brett, Jr., as my Executor. ARTICLE VI Should any person hereunder entitled to a share of my estate not have attained the age of twenty-one (21) years at the time of distribution to him or her, I devise and bequeath said share to their surviving parent or legal guardian, IN SEPARATE TRUST, for the benefit of said child. The purpose of said trust is to DWD/March S, 1992/14622 ensure an adequate level of income, support, maintenance and education (including trade school and college education, both graduate and undergraduate) for said beneficiary. To meet this purpose, I empower the Trustee to distribute, or not to distribute, all or part of the income and to invade all or part of the principal as the Trustee in its sole and absolute discretion may deem to be necessary or appropriate for such beneficiary's support and education. The Trustee shall have the power to manage, invest, and reinvest the assets of the trust estate, to collect the income therefrom and to apply so much or all of the net income and principal thereof as set forth above. Any net income not so applied shall be added to the corpus of the trust and held, administered, and disposed of as a part thereof. Any principal or income not so used or applied shall be distributed to the beneficiary absolutely when he or she attains the age of twenty-one (21} years. If he or she dies before attaining the age of twenty-one (21) years, the trust shall terminate and the remaining principal and any accumulated income shall be distributed to his personal representative. ARTICLE VII Should the principal of any trust herein provided for be or become too small in the Trustee's discretion, so as to make establishment or continuance of the trust inadvisable, the Trustee may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the beneficiary. If the beneficiary is then a minor, distribution may be made to the surviving parent or guardian of said child. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income beneficiary remainder shall cease. ARTICLE VIII I direct that the interest of the beneficiaries named hereunder shall not be subject to anticipation, or to voluntary or involuntary alienation. ARTICLE IX I direct that any trustee, or their successor, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. DWD/March 5, 1992/14622 IN WITNESS WHEREOF, I hereunto set my hand and seal this ~ 0~day of ~ ~,,.,~,~ 1992. . ~~..~~ (SEAL) ~.~'` Jeannette C. Brett Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament in the presence of us, who, at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses. DWD/March 5, 1992/14622 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND :ss: I, JEANNETTE C. BRETT, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~~~ , a ~~. Jeannette C. Brett Sworn or armed to and acknowledged before me, by Jeannette C. Brett, the Testatrix, this ~? ~"~' day of ~~ .,~~ , 1992. ~r~-~l~ Notary Publi NOTARIAL SEAL UTANNE LENIG, NOTARY PUBLIG LEMOYNE BORO. CUMBERLAND CO. MY COMMISSION EXPIRES DEC. 21. 1993 DWD/March 5, 1992/14622 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND We, '~ ~- ~ and ~~~~ ~ ~ °~Iv-.st.. the witnesses whose names are signed to the foregoing ins ment, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time at least 18 years of age, of sound mind and under no constraint or undue influence. c~ Sworn to or affirmed to and subscribed to before me by"`*Y'1,:..~..~.5.~.~. ~`~•-.~,,~,~.~ and --s?~.+~~~- Q ~ _ ~ ~v~-..sL. ,witnesses, this ~~~ay of ~ti .~,~~ , 1992. Notary Pu is NOTARIAL SEAL DIANNE LENIG, NOTARY PU3LiC LEMOYNE BORO. CUMBERLAND CO. MY CaMMiSSIDN EXPIRES DEC. 21,_T993 C~.adtrti ~.a ~.... Ova i.' - ~~._ ~~' ~~L ::~ __ 4 C.J ~_- ~ ~ ~~ <,.; -- *~ oc ~ .~, ,,.~ u.: ~`~ ~ --- o U ~.st tll ttnd c~e~#~cmEn# OF JEANNETTE C. BRETT I, JEANNETTE C. BRETT, of New Cumberland, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be the sole Codicil to my Last Will and Testament dated March 20, 1992. ITEM I: I hereby revoke Article V of my Will and in lieu thereof provide as follows: ARTICLE V I name, constitute and appoint my husband, THOMAS M. BRETT, as Executor of this my Last Will and Testament, and require that said Executor serve without bond. Should my husband, THOMAS M. BRETT, be unable to serve or cease to so act, I name, constitute and appoint my children, SHIRLEY T. SPANGLER and THOMAS M. BRETT, JR., as Co-Executors of this my Last Will and Testament, and require that both Executors serve without bond. ITEM II: In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated March 20, 1992. << IN WITNESS WHEREOF, I have hereunto set my hand and seal the ~~ ~ day of ~ ~~ Q~1.C.~--~ , 1998. ~• (SEAL) EANNETTE C. BRETT Signed, sealed, published and declared by the above-named Testatrix, as and for her sole Codicil to her Will dated March 20, 1992, in the presence of us, who, at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, JEANNETTE C. BRETT, ~1,CQ~ jCI `~~ • ~~C e and Il( IS'teP ~1, rn~2rp the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as the Codicil to 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 sole Codicil to her 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. ubscribedns_wom to and acknowledged beforeVme by JEANNETTE C. BRETT, Testatrix, and ~ d ~~~ ~~ and Kr~•r~eP K~ YY1Yer.~ witnesses, this ~ a* day of m~1'ch , ~ ggg. c Wom~ial seal Della C. Pamper, No~ry PubNc ~ ~, c„~ Notary Public 107853 ~ ~~0f1 E~f^es Dec' 29, 2001 REGISTER OF WILLS OF _ Estate of Jeannette C. Brett RENUNCIATION CUMBERLAND COUNTY, PENNSYLVANIA Dec~ased~-, ;, -~ ~- ~.~, ~ ...; ~~ ~; r _'- ~. Shirley T, Spangler in my capacitytre~lonship as ~: `~ (Pont Name) C_ Co-Executrix of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Thomas M. Brett, Jr. ` l~I~' (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this- day of Deputy for Register of Wills ,. :~; .. . . , . , (sigdarure) Shirl T. Spangle ' ( 851 Clark Hill Road (StreetAddressl r Mt. Pleasant MiIIs, PA 17853 (City, State, Zip) -- ~ - Executed out of Register's. Office. . Before the uridersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purpo es stated within on tbis~day of _ ~L . otary Pubii My Commission Expires: (Signature and seal of Notary a other official qualified to administer oaths_ Show date of expiration of Notary's commissi-.m.; _~ -. -WaRtlyK St!aCsb. N~tatYPt~tc 4.c~t~lertTx~.. C~x:~rs~ Canty M) Cattttr':f~i~'a t ~!'~ fay 1i1, i'U11 PoN~B1`IY3tatp r`+gs~s'ri~'Cloil i?t -~C`.~riP.~ Form RW-OB Rev. 10-f3-2006 Copyright (c) 2006 form software only The Laacner Group, Inc.