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HomeMy WebLinkAbout10-28-13 PETITION 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 respectfully requests the grant of Letters in the appropriate form: Lynne A.Esposito Decedent's Information 2 a Name: John Brazen File No: 21 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 1 0/1 41201 3 Age at Death: 87 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 2100 Bent Creek Blvd.,Mechanicsburg 17050 Silver Spring Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 2100 Bent Creek Blvd.,Mechanicsburg 17050 SilverSpring Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 5,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 0.00 TOTAL ESTIMATED VALUE $ 5,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they istare the Executors)named in the Last Will of the Decedent,dated 03/2412006 and Codicil(s) thereto dated State relevant circumstances(e g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate, Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ®NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minodtate 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. Except as follows:Decedent was not a party to pending divorce proceedingg wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever atlludicated an incapacitated person. n NO EXCEPTIONS Q EXCEPTIONS 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(attach additional sheets,if necessary): n w m C; © m n Name Relationship Address —i T1 rn Y7 _ 4? n ri CS Cd) w Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative OROial 115e Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland ) SS: RECORDED OFFICE OF } r_- Petitioner(s)Printed Name Petitioner(s)Printed Address '''L'L0 Lynne A.Esposito 5915 Stephens Crossing [Ui �ln j Q 7 Mechanicsburg,PA 17050 4� �tl1i ORICHANS' COURT CUMBER) AI n v V., r The Petitioner(s)above-named swear(s)or affirm(s)the statements In t foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of th D dent, Petitioner(s)writyyyywwwwell and truly administer the estate according law(.. Sworn to or affirmed and subscribed before Date b a0 / 3 me t day of I Y ad Date By: �.Q p Date Forthe Register Date BOND Required? 11 YES NO To the Register ills: FEES: Please ent my appe ante by t si ; ature below: Letters.......................................... $ Attorney Si ( 2 )Short Certificate(s)......... IO ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Print ame: K.R hry a s Esq. Bond............................................. Supreme rt Commission.................................. ID Number: 69335 Other LU 11i I-) Firm Name: James,Smith,Dietterick&Connelly,LLP I nVO Irj Address: 134 Sipe Avenue Ice�-ism Hummelstown,PA 17036 Phone: 7171533-3280 Automation Fee............................ .h JCS Fee....................................... <j Fax: 717/533-2795 TOTAL......................................... $ 113 . 60 E-mail: gkr@jsdc.com DECREE OF THE REGISTER Date of Death: 1011412013 Social Security No: Estate of John Brazen File No: 21 — a/k/a: /'� /1 ` n AND NOW,Q�7�l1 IaQr i( )_y�2 in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Lynne A. Esposito in the above estate and(if applicable)that the instrument(s)dated 0312412006 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. k ' ef r cuti,o� �Y�a lx_u LcA Register of Wills I ((n/ Copyright(c)2011 fore softwereonly The Lacknerc up,lnc ^ �,I � Page2or2 LAST WILL AND TESTAMENT OF JOHN BRAZEN I, John Brazen (Social Security number 189-20-1577), currently a resident of Cumberland County, Pennsylvania, being of sound mind and memory and over the age of eighteen (18) years, do hereby make, publish, and declare this to be my last Will, hereby revoking all other Wills and Codicils heretofore made by me. ARTICLE FIRST IDENTITY OF CHILDREN I am presently unmarried but, from a previous marriage to Elizabeth J. Brazen, who died on October 4, 2004, have one living child, whose name anA birth date:�re: M c m Name Birth Date Lynne A. Esposito March 30, 1957 - --1-1 a — N rn rn la M co X i7 have no deceased children. c3 0 ARTICLE SECOND `' = m ? Cn { r PROPERTY BEING DISPOSED It is my intention to dispose of all my property. However, I do not intend to ` exercise any power of appointment which I now possess or which may hereafter be conferred on me, unless such power is specifically referred to herein or in any Codicil hereto. ARTICLE THIRD PAYMENT OF BURIAL EXPENSES AND DEBTS I authorize my Executor to pay all the expenses of (a) a funeral service at Neill Funeral Home, 3401 Market Street, Camp Hill, PA; (b) the interment of my remains, including the costs of a gravesite, at the Gate of Heaven Cemetery, 1313 South York Street, Mechanicsburg, PA; and (c) the installation and inscription of a suitable marker at, and perpetual care of, the gravesite. Most of such expenses have been pre-paid. I further direct my Executor to pay all of my debts that my Executor in his or her sole discretion may allow as claims against my estate. John Braze - 1 - ARTICLE FOURTH SPECIFIC BEQUESTS Tangible Personal Property a. If, during my lifetime, I have composed a list setting forth a certain distribution among my daughter and grandchildren of my tangible personal property (including, but not limited to, jewelry, clothing, household furniture and furnishings, dishware, silver, pictures, books, etc.) then I give, devise and bequeath the property that is included on such list to my daughter and grandchildren direct that my Executor distribute such property at his or her discretion, but with the recommendation that he or she distribute in accordance with the list. If no such list has been composed or if such list has been composed but excludes any of my tangible personal property, then my daughter and grandchildren who survive me, at the discretion of my Executor, shall alternately select unlisted items of tangible personal property from my estate with the recommendation that the aggregate value of such property selected by each person be substantially equal. Any tangible personal property not included on a list and not selected by my children shall be included in my residuary estate for disposition under Article Fifth, following. ARTICLE FIFTH RESIDUE a. I give, devise and bequeath all my remaining property to my daughter, Lynne. Lynne not Surviving b. If Lynne does not survive me, but has surviving issue, I give devise and bequeath all of my remaining property to her issue in equal shares. If Lynne has no living issue, then my estate shall be distributed in accordance with the intestate law of the Commonwealth of Pennsylvania. ARTICLE SIXTH PAYMENT OF DEATH TAXES All estate, inheritance, and succession taxes, together with any interest and penalties thereon, payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my estate. John n - 2 - ARTICLE SEVENTH EXECUTOR I appoint my daughter, Lynne, as the Executor of this Will. Should she be unable or unwilling to serve in this capacity, I appoint Dale A. Achenbach, Esq., of York, Pennsylvania, as Executor. I direct that no action shall be taken in any court in the administration of my estate other than the probating and recording of this Will and the return of any inventory, appraisement, and list of claims of my estate. ARTICLE EIGHTH POWER OF FIDUCIARIES All fiduciaries (which term whenever used herein shall include my Executors and Trustees) serving hereunder shall do so without bond or other security in any jurisdiction. By way of illustration and not limitation and in addition to any inherent, implied or statutory powers granted to fiduciaries generally, my fiduciaries are specifically authorized and empowered with respect to any property, real or personal, or at any time held under any provisions of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset and in general, to exercise all of the powers in the management of my estate or any trust created hereunder which any individual could exercise in the management of similar property owned in their own right, upon such terms and conditions as my fiduciaries may deem proper Or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made and without necessity of a court order. ARTICLE NINTH GENERAL Effect of Inoperative, Invalid, or Illegal Provision a. If any provision of this Will or of any Codicil thereto is held to be inoperative, John Brazen L - 3 - invalid, or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. Headings b. The headings above the various provisions of this Will have been included only to make it easier to locate the subject covered by each provision and are not to be used in constructing this Will or in ascertaining my intentions. Number and Gender Defined c. As used in this Will, whenever the context so indicates, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others. Simultaneous Death d. If any legatee, devisee, or beneficiary of any trust shall die simultaneously with me or there is not direct evidence to establish that such person and 1 died other than simultaneously, I hereby declare that I shall be deemed to have survived such person. IN WITNESS WHEREOF, 1, JOHN BRAZEN, hereby set my hand to t is my last Will, each page of which has been signed or initialed by me, on this 2-1 r day of 1"t 2006 at Hershey, Pennsylvania. cylz� John Braz - 4 - Attestation Clause The foregoing instrument (consisting of 7 pages, including this page and the following Acknowledgement and Affidavit) was in our presence signed by John Brazen and declared by him to be his last Will. We, at his request and in his presence and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses on this 2 Nll� day of 2006. �- Residence: m'u-ls Jl /C Residence: r)V - 5 - ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF I', John Brazen, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, hereby acknowledge that I signed and executed the instrument as my last Will and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by John Brazen, the testator, on this date: �`` �L Zd 2o0(, John Brazen Notary P lic NOTARIAL SEAL CHERYL M.KLINEDINST,NOTARY PUBLIC CITY OF YORK,YORK CO.,PA MY COMMISSION EXPIRES DECEMBER 2,2007 - 6 - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : f SS: COUNTY OF�t' ` ,) d I t�� r and tit the witnesses whose names are signed t the attached or foregoing instrument, having been duly qualified according to law, hereby depose and say that we were present and saw the testator sign and execute the instrument as his last Will, that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed, that each subscribing witness in the hearing and sight of the testator signed the Will as witness, and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. ( \\ Sworn/t'o or affirmed and subscribed to before me by: 1 1Crh Q-�t R, (��-.-vr 1l� , t C 7 and V` v � �AiG3 iT"! witnesses, an this date: Witness 1ya�1 Wtrttne"°ss ry NOTARIAL SEAL CHERYL M.KLINEDINST,NOTARY PUBLIC CITY OF YORK,YORK CO.,PA MY COMMISSION EXPIRES DECEMBER 2,207'T - 7 -