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Home My WebLink About03-16-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfulty requests the grant of Letters in the appropriate font: Decedent's lnfo~ation ~,n I,~/ Name: Phoebe A Brinley File No: 21 -12 (~;~. , / a/k/a: (Assigned by Regis r) a/k/a: alk/a: Social Security No: 211-22-7126 Date of Death: 03/08/2012 Age at Death: 80 Decedent was domiciled at death in Cumberland County, PA (State) with hislher last principal rosfdence at 1040 Swarthmore Road, New Cumberland 17070 New Cumberland Cumberland Street addrsee, Post Ufrice and Zip Code City, Township or Borough County Decedent died at 1040 Swarthmore Road New Cumberland Cumberland PA Street address, Poet Offloe and Zip Cods City, Township or Borough County State Estimate of value of decedents property at death: Hdom/cited -n Pennsylvania .......................All personal property $ Hnot dom/c/led /n Psnnsy/vania .................Personal property in Pennsylvania $ Hnot dom/d/ed /n Pennsylvania .................Personal property in County $ Value of real estate Jn Pennsylvan/a........... 3 20,000.00 TOTAL ESTIMATED VALUE Real estate in Pennynranie situated at 1040 Swarthmore Road, New Cumberland, PA (attaa, aadaional aheah, it neeeseary.) Street address, Post Once and Zip Code City, Township or Borough County ^X A. PeY~ion >tor Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/sherthey la/are the Exeartor(s) named in the Last Will of the Decedent, dated srereto dated 12127!2011 and Codidl(s) N/A (State raFsvent anwmsfarxxa, e.g., renunaafion, death of executor, etc.) Ex~ as fdbws: al0er the executlon of the instrument(s) Meted for probate, Decadent did not rna was not divorced, was not a party to a pending divoro0 p0~w~herein ttfe gorounds for dNorce had been established as defined in 23 Pa. C.S. 3323(8), and did not have a child bom or ad ;and Decidsnt was nelB~er the victim of a killing nor ever adjudicated an incapacitated person. QX NO EXCEPTIONS Q EXCEPTIONS ^ B. Petition for Grant of Letters of Administration tK aPPI~~) c. a.; ..n.; ..n.c..a.; uran a a; ran m If Administration, c.ta or db.n.c.ta., enter date of Will in Sue~gction A above and complete list of heirs. inx23~Pa~ 3. § 3323rd snetl~ie~ic~tlm of adldlliN ng orever adjudi Ana e~~d~:~tfo~ iv~e had been established as defined QX NO EXCEPTIONS ~ EXCEPTIONS t s1. n ~p~seary)rch hasRtave ascertained that Deoedart left no V1A11 and was survived by the following spouse (if any) and heirs (attach ~...t Name Relationship Address **s~ ~C13 ~ r~ ~ r ~~ ~ G J D't~ ~~~, Form RW-02 rov. f al 1-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Pape 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: couNTir OF Cumberland ~ ORkiel Use Ony Pstittonbr(s) Printed Name Petitioner(s) Printed Address rs ~ncy S, Derr 510 Poplar Avenue ~_ ,, ~ ` New Cumberland, PA 17070 ~ ~ 7 ~ r ~.. ~~ ; ~~~ fT ' + ~. C7 ~ ~ , ~ ;.F J ~ ~ ,~ ~ The P{~ at~dve`w~amed swear(s) or affirm(s) tl-e_atatements in the foregoing Petition true ana correct to cne oesc or Tne Knvwaxrpe anv belief of PsUtioner(s)_arid ,'asPersonal RepresentaWe(s) t ant, Petitioner(s) It well a truly administerthe estate. according to law. Swom o r and , ~ ecri • b re DD °ats meth o>' ' ' IC.~ Dace By, - _ Dace ;, nace ~~ BOND Required? ~ 'Yes ~ No FEES ' c~~ snort Certificates>......... ~ ( ) Renundation(s) ............... ( )Codicil(s) ......................... ( )Affidavit(s) ....................... Bond .............................................. Commmission ................................... ~/ i ~ Automation Fee ............................. ~ ~ - JCS Fee ......................................... _ , TOTAL ................... To the Register of Vt~ills: Please enter my appearence by my signature below: Attorney Signature: y Printed Name: Robert P Kline Supreme Court ID Number: 58798 Firm Name: Kline Law Office Address: 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 Phone: 717870-2540 Fax: 717/ E-mail DECREE OF THE REGISTER Date of Death: 03/08/2012 Social SecuHty No: 211-32-71 Estate of Phoebe A Brinisy File No: 21 -12 a/kla: AND NOW, , in consideretiop,of the foregoing Pethion, ' =~ satiafadory proof hav ng been presented before me, IT IS DECREED that Letters Tsstamerttery are hereby granted to Nancy S. Derr ,~,,;_~~ .; - .- in the above est>ite and (if applitaible) that the instrument(s) dated. 12/27/2014 described in the Petition be admitted to probate and filed of record as ~ ~ Will ~ittd s)) of,Dseedent. _. Fan RW-02 ~s~. rar ~-zoo ~ co~cra (cl zoo ~ r«m e~cwere ony me Laav,er cro~,~, ~ncy~ ~r LAST WILL AND TESTAMENT OF PHOEBE A. BRINLEY C ra r.~ ~ ~. a ~ c-'~~ rE ,, ~..~ ~Q ~~ ~ ~ ~ ~ _ ~ ~, r- ~ I, PHOEBE A. BRINLEY, of New Cumberland Borough, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses, expenses involved or connected with the administration of my estate, and all federal, state, or other death taxes payable because of my death with respect to the property forming my gross estate whether or not passing under this Will as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. Page 1 of 6 Pages SECOND I give, devise, and bequeath the sum of TWO THOUSAND and 00/100 ($2,000.00) DOLLARS to my granddaughter, ELIZABETH ANN BRINLEY, providing that she survives me by sixty (60) days, and the sum of TWO THOUSAND and 00/100 ($2,000.00) DOLLARS, to my granddaughter, SAMANTHA MARIE BRINLEY, providing that she survives me by sixty (60) days. THIRD I give, devise, and bequeath the entire rest and remainder of my entire estate together with all insurance proceeds thereon of whatever nature and wheresoever situate in equal shares to my current living children, NANCY S. DERR, DENNIS S. BRINLEY, SAMUEL S. BRINLEY, JR., JAMES E. BRINLEY, CHRISTOPHER E. BRINLEY, and ROSS A. BRINLEY, providing that they survive me by sixty (60) days, per stirpes. FOURTH If, at the time of my death, any beneficiary of this my Last Will and Testament is under the age of twenty-one (21) years or is, in the judgment of my personal representative, mentally disabled, I give, devise and bequeath said beneficiary's share to my Trustee, my daughter-in-law, ELAINE BRINLEY, in Trust for said beneficiary, in accordance with the paragraphs below. If ELAINE BRINLEY is unwilling or unable to serve for any reason, I appoint my son, ROSS A. BRINLEY, to serve instead. FIFTH During the terms of any trust created pursuant to this Will the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college Page 2 of 6 Pages education, undergraduate and graduate) of each such beneficiary until he or she attains twenty-one (21) years of age, or until all such amounts are paid out of the Trust. When the beneficiary attains the age of twenty-one (21) years or is in the judgment of my Trustee mentally sound whichever event occurs later, the Trust shall terminate and the remainder thereof shall be paid to said beneficiary. If said beneficiary shall die before the termination of said Trust, the Trust shall terminate and the remainder thereof shall be paid in accordance with the paragraphs above. I direct that no Trustee shall be required to give or post bond for the faithful performance of the Trustee's duties in this or any other jurisdiction. SIXTH My Executor and Trustee are authorized and empowered to exercise from time to time in his, her or its sole discretion and without prior authority from any Court, in respect of any property forming part of any trust hereby created or otherwise in its possession hereunder, all powers conferred by law upon trustees or executors and I intend that such powers be construed in the broadest possible manner. SEVENTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. EIGHTH I nominate, constitute and appoint my daughter, NANCY S. DERR, Executrix of this my Last Will and Testament. In the event NANCY S. DERR is deceased, unable or unwilling to Page 3 of 6 Pages serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, DEN1~tIS S. BRINLEY, to serve instead. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. NINTH I hereby declaze it to be my expressed desire that my personal representative employ Kline Law Office of New Cumberland, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, said attorneys having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~rf ~' day of ,~EG'E7~/~E/~ , 2011. 1 Witness PHOEBE A. BRINLEY .~ es Page 4 of 6 Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, PHOEBE A. BRINLEY, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to the 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. PHOEBE A. BRINLEY Sworn or affirmed and acknowledged before me by PHOEBE A. BRINLEY, the Testatrix, this ~~~~ day of ~'E ,~;~~~J , 2011. OTARY PUBLIC C081MONWEALTH OF PENNSYLVANIA SFIARON ~FElS1'ER, Notary P~Nc N~Mr q~D~nd 8o%.Gau6~rand Ca ComMala- Expht AprN 18, 2018 Page 5 of 6 Pages AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, 3rD~2~ T - 15 L/,U ~ and aC,~il)A~~ 7 1~ L /~!J ~ ,the witnesses whose names are attached to the foregoing document, being duly qualified according to the law, do depose and say that we were present and saw the Testatrix sign and execute the 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 subscribing witness in the hearing and sight of the testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. c Sworn or affirmed and subscribed before me b~~~T ~ ~J ~~ and ^/ /~ ~. ,t/C- this ~ `~ day of 4~~ , 2011. NOTARY PUBLIC COMMONWEALTH ~ PENNSYLVANIA SHARON ~ Nogry Pubic New Cwnbalend Bolo.,CanbnMr~d Ca ~ Ap~F ~a, zots Page 6 of 6 Pages