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HomeMy WebLinkAbout01-27-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Claire Ann Rettberg late of the Borough of Carlisle, Cumberland County, Pennsylvania, Deceased Social Security No. 009-10-9811 No.21-05- cos-q To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner, who is 18 years of age or older and the executor named in the last will of the above decedent, dated October 23, 1997. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 620 Letort Spring Road, Carlisle, Pennsylvania 17013. Decedent, then 82 years of age, died January 8, 2005, at 19 Mine Run Road, Limerick Township, Pennsylvania. Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (Ifnot domiciled in Pa.) Personal property in PA (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 620 Letort Spring Road, Carlisle, PA 17013 WHEREFORE, petitioner respectfully requests the probate of the last will presentll!i")terewith a~e gran':" of letters testamentary thereon. ~':.~ <'-1'. ~.~!.j ]0:.0 C:> ~ ~r: (") ::':-=:1 > r'~- "J -;::~: q ~ ~-,g ~j;; :;":': $30 000 $ $ $98.000 -c 1'0 01 c.."1 OC.::> -''1 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA) ) 55: COUNTY OF CUMBERLAND ) The petitioner above-named swears or affIrmS that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent -~ w"'~,,~"~. """,.,- .,,_. """"'.,oo ,..~ ' fl Sworn to or affi~'" "".."""" ~ 4?, before me this at\...--- day of Ral M. Rettberg w~ouary, 2005 L7=""'-"~~'~^" ~. Registe~ ~ -;;I;: No.21-05- 0<::>'5'1 Estate of Claire Ann Rettberg, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~""J JI." 'm /)0 ,2005, in consideration of the petition on the reverse side hereof, sa aclory pro having been presented before me, IT IS DECREED that the instrument dated October 23, 1997, described therein be admitted to probate and filed of record as the last will of Claire Ann Rettberg; and Letters Testamentary are hereby granted to Ralph M. Rettberg. Register ofWill~ ~ Q.w!5 FEES Probate, Letters, Etc. . . .$ ~(.O .en Short Certificate(s) . . . . $ 12 C'r"l lJ.,.)1 \ \ ~'<'('P-~"~ ~ $ ~....~. 15.0D 5,00 Wayne F. Shade, Esquire 15712 ATTORNEY (Sup. Ct. 1.0, No.) 53 West Pomfret Street Carlisle, Pennsylvania 17013 ADDRESS 717-243-0220 PHONE ~ti> TOTAL $IO,\)\J $ 3D.;> . (')() Filed. ,1.-.0l.0 ~ ,Os. '110'; 112 REV. Rdli IIEL FOI-i THIS (~EfnFiCATL $200) WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF DEATH CERT. NO. T 5 8 0 5 4 5 3 /iiff/;;;';;;'~ ~;"(~\3_'i DE!l;f~~~___ I"'#,/ --...../PJ'.-.,. !l~/ lIiiIioJI. \'.{:::,"'=- f:Jii!.~. ?"'~',,;\ 1,-, ,- . ~ -eo' >>. ',:z:.:::: ~ Z3i, .ft. ,Ih~ ~ '. .' ~ ~'i:." ',~ -. ~"> ~,' ..,~ ,&. . '''''f!' ':.?:"~', /~", '\~~""'--- -- ..""", '"".fluENT ~,~'7""", V~~!!J!!!.!--~/ 021-05"- ObS"l. 1/11/2005 Date of Issue 01 Tl'lis Certification Name of Decedent Claire Rettberg 1/8/2005 Ann (Marquette) fl',ol Mldcll, Sex Female Date of Death Social Security No. __.ilO9-10.9811 Date of Birth 4/12/1922 ._~ Birthplace ~_ Wi~o.<>~ki, Vermont, Pennsylvania Place of Death 19 Mine Run Road Limerick Twp. Cily.l3QwughorTownship Montgomery County ~acililv Nanl(' Race White Homemaker Occupation Decedent's Mailing Address Armed Forces? (Yes or No) Marital Status Divorced Carlisle, 620 Letort.Spring Road ',lllmD'" Cilyor TGwn State SI,,"_'I Informant Rose N. Warren Funeral Director Rich Holcombe Name and Address of Funeral Establishment Holcombe Funeral Home, Inc. PO Box 26806 Collegeville, Pa, 19426-0806 L;iS! No Pa. 17013 Immediate Cause Part I: I I I I I I I I I I I I Q I '~.~:-rl I '-:'~ -:1) I 'J'-O~ ;;J: - , :~;:;~ --,~(=~~ Describe how injury occurrad';S :<) --I (a) Renal Failure (b) Metastatic Renal Cell Carcinoma (c) Part II: (d) Other Significant Conditions Manner of Death Natural [1(J Accident D Suicide D Homicide Pending Investigation Could not be Determined LJ D D Name and Title of Certfier W. Fuhr, M.D. Address 599 Arcola Road Co.llegeville, Pa, 19426 (M.D., D.O., Coroner, M.E.) Interval Between Onset and Death 1 Month 13 Months ..., = = Con '- :;!:)'}. - ::n -r'l ('T1 i';rC J .~'-.,O ~~>; Fr~ :-;~--; [!j ,'") C.....J , II .-;~ :;n n(,,-') : -, rTl 1-- (/'';0 11 1""-.,1 C) u '.<J This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. C\ --~ ~l~~~~\a~A~or~ \. C\ r- D~I~~~4 1/10/2005 1406 [ongford Rd. Collegevifle, PA 19426 fh!n ,'ec~lv,,~ lly I ";;1! jl~a",t"~1 c'.tr~"1 Add:-,,,,, Oly. Borough, Township J WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LAST WILL AND TESTAMENT I, CLAIRE ANN RETTBERG, of the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. ;::~ () FIRST. I order and direct that all my justd$~ts .:"~, :',...., funeral expenses be paid by my personal representati~? al1d o~; ,.'-" representatives, hereinafter named, as soon as conv~:rrient;:lY may, "::,,:: 11 _.__ I. Ii be done after my decease. I further authorize my)~rsor1~1 , c.!1 (jJ representative to expend funds from my Estate in such a~unts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. I authorize my personal representative or representatives hereinafter named to distribute, items of tangible personal property from my Estate in accordance with any of my wishes expressed in writing. Such tangible personal property shall be restricted to common personal possessions and shall not include cash, bank books, stock certificates, bonds or the like unless otherwise expressly stated in my said written wishes. In the event of any conflict between my said written wishes and this my Last will and Testament, this shall control. In the event of any cash bequests in my said wishes expressed in writing, I hereby authorize my personal representative or J WAYNE F. SHADE Attorney.tLaw 53 West Pomfret Street Carlisle, Pennsylvania 17013 representatives hereinafter named to distribute the bequests to any minor legatees by making distribution directly to any parent or legal guardian of the minor legatee. In the event of my failure to leave a list, I order and direct that all of my said tangible personal property, other than as specifically bequeathed herein, be liquidated and distributed as part of my residuary Estate. In the event of the failure of any of the legatees, designated in any of my said written wishes, to survive me, I order and direc't that his or her bequests be liquidated and distributed as part of my residuary Estate. In the event of the failure of one of the legatees to survive me, nothing herein shall be interpreted to prevent my personal representative or representatives hereinafter named from selling any of the items which would have passed to that legatee to my other legatees at fair market value. In the event of a dispute as to any aspects of the list, I order and direct that any such disputed tangible personal property be liquidated and distributed as part of my residuary Estate. THIRD. I hereby order and direct that all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, be divided into five equal shares and distributed absolutely and in fee simple, as follows: (a) One such share unto my son, RICHARD S. RETTBERG, born January 1, 1941; (b) One such share unto my daughter, ROSE RETTBERG WARREN, born August 19, 1942; -2- WAYNE F. SHADE Attorney at Law S3 West POOIfret Street Carlisle, Pennsylvania 17013 (c) One such share unto my daughter, PATRICIA RETTBERG McGOUGH, born April 4, 1944; (d) One such share unto my son, IVAN RETTBERG, born August 19, 1946; and (e) One such share unto my son, RALPH M. RETTBERG, born August 28, 1948. FOURTH. For the purposes of this my Last will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. FIFTH. Should any of my said children predecease me, I hereby direct that the share of such deceased child shall pass unto his or her issue in equal shares by representation and not per capita and that if there be no such issue of a deceased child, such share shall lapse. SIXTH. In the event that any of the legatees under this my Last will and Testament should be minors as defined herein at my date of death, I nominate, constitute and appoint FINANCIAL TRUST SERVICES COMPANY of Carlisle, Pennsylvania, its successors or assigns, to serve without bond as the Trustee with respect to any property which shall pass, either under this my Last will and Testament or otherwise to such minor or minors as defined herein. The said Trustee is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, retain, invest and reinvest the corpus of said Trust in such securities and other property as shall be deemed prudent without being restricted to investments known as legal investments for -3- J WAYNE F. SHADE AUomey at Law 53 West Pomlret Street Carlisle, Pennsylvania 17013 fiduciaries under the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guarantee maximum conservation of the Trust funds and the greatest production of income for the beneficiary. I hereby authorize the said Trustee to expend any monies from principal or interest for the beneficiary that in the sole discretion of the Trustee is deemed necessary for the care, health, education, maintenance and general welfare of the beneficiary; the word "education" shall be construed to mean a pre-college course, high school education, college education and post-graduate education. It is my intention that the foregoing powers may be exercised by the said Trustee without prior Court approval and without further responsibility to the beneficiary, the parents of the beneficiary or to any other person or persons taking care of the beneficiary. The age of majority for all purposes concerning this my Last will and Testament shall be deemed to be the age of twenty-five (25) years. If the beneficiary of this Trust should fail to survive to ultimate distribution of the Trust herein, I order and direct that the remainder of this Trust be distributed as part of my residuary estate. SEVENTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or -4- J ~ WAYNE F. SHADE Attorney at Law 53 West Pom!ret Street Carlisle, Pennsylvania 17013 beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anytime whether with respect to present or future interests. EIGHTH. I order and direct that any liens against any personal property which passes to a designated person either under this my Last will and Testament or otherwise shall be paid from the residue of my Estate prior to distribution as an expense of administration and that such specific bequests of personal property not pass subject to any liens thereon. NINTH. Any and all decisions, determinations or actions made or taken by a personal representative or Trustee hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. LASTLY. I nominate, constitute and appoint my son, RALPH M. RETTBERG, to be the Executor of this my Last will and Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my son, RICHARD S. RETTBERG, to be the Executor hereof, both to serve without bond. -5- WAYNE F. SHADE Attorney at Law 53 West Pomfrct Street Carlisle, Pennsylvania 17013 IN WITNESS WHEREOF, I, CLAIRE ANN RETTBERG, have hereunto set my hand and seal to this my Last will and Testament which consists of seven (7) typewritten pages to each of which I have affixed my signature, this 23rd day of October , A.D. One Thousand Nine Hundred Ninety-Seven (1997). (7_h~ I) aw/V{rJ.:~j Claire Ann Ret rg (SEAL) The preceding instrument, consisting of this and six (6) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by CLAIRE ANN RETTBERG, the Testatrix therein named, as 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 subscribed our names as witnesses hereto. @~E~ ~J~tP Acknowledgment COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) I, CLAIRE ANN RETTBERG, the person 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 and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. -6- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Sworn to or affirmed and acknowledged before me by CLAIRE ANN RETTBERG, this 23rd day of October ,1997. (V~~ ~ Claire Ann Rettberg ~P~C~ Affidavit Notarial Seal Connie J. Trill, Notary Public I Carlisle, Cumberland County . MV Commission Expires Oct. 5. 2000 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) We, Wayne F. Shade and Karen F. Byers , the witnesses whose names are signed hereto, being duly qualified according to 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 the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the will as a witness; and that, to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn Wayne F. this LJrd to or affirmed and subscribed to before me by Shade and Karen F. Byers , witnesses, day of October , 1997. t:V7< E~ ~J~ ~PU2i;(~ Notarial Seal Connie J. Trill. Notary Public I Carlisle, Cumberland County ,.~" Commission Expires Oct. 5. 2000 -7-