HomeMy WebLinkAbout04-16-15 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 request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: HarrV Breitenbach File No: �— ) " yZ b
a/k/a: Joe Breitenbach (Assigned by Register)
I a/k/a:
a/k/a: Social Security No:
Date of Death: _April 11, 2015 Age at death: 92
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 917 Hamilton Street Carisle Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 917 Hamilton Street Carisle 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
If not domiciled in Pennsylvania. ..... ........ ....... ... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ..... ........ ....... ... Personal property in County . $
Value of real estate in Pennsyhvania.... .... ..... ............... ..... ...... ....... ..... ....... $ 00
TOTAL ESTIMATED VALUE. ... $ 265 D�04, 0 g
Real estate in Pennsylvania situated at: 917 Hamilton Street Carlisle Cumberland
(Attach additional sheets,'ifnecessai3.) 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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 5, 2015 and Codicil(s)
thereto dated not applicable
State relevant circumstances(ag.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 ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.'b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate -
If Administration,ca 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 a pending divorce proceeding 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 adjudicated an incapacitated person.
[—]NO EXCEPTIONS ❑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, ifnecessar)):
Name Relationship Address
ry
o �
rn f l
4 p x1 .
ForanRW-02 rev.10/11/2011 7 h—' Of,2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
James W. Kollas 860 Hilltop Road,Lemoyne, PA
The Petitioner('s)ab ove=namedswear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioneif(s)knd'tbaijas Personal Representative(s)of the DecedenMthitione-(-',AqlI well and truly administer the estate according to law.
%-Sworn t�o orAffirnie.dandsubscribed before i Date
me th'i% d ay,'of' _ Date
$y; - Date
For theRe inter. Date
rY't
O n
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BOND Required:AYES �1V0 To tke Register of Wills: Co
FEES: Please enter my appearance by my attm bew-v: O.M Q) G7
Letters. . . . . . . . . . . . . . . . . . . . . . S 1� Attorney Signature: ;;,.
Short Certificate(s)
c l p ) . . . . . . -- � ._� . a
( )Renunciation(s).. . . . . . . . `�� C>
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)Codicil(s). . . . . . . . . . . . . C - c)
( )Affidavit(s).. . . . . . . . . . . y i 0
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: James W. Kollas ?
Commission. . . . ... . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 81959 .
. . . . . . . . i Firm Name: Kollas and Kennedy
. . . . . . . . r 5 Address: 1104 Fernwood Avenue, Suite 104
. . . . . . . . Camp Hill, PA 17011
. . . . . . . . Phone: 717-731-1600
Automation Fee. . . . . . . . . . . . . . . Fax: 717-731-1460
JCS Fee. . . . . . . . . . . . . . . . . . . . O Email: fames kollasandkennedy.com
TOTAL. . . .. . . . . . . . . . . . . . . . . .
DECREE OF THE REGISTER
Estate of Joseph H. Breitenbach File No: �J
a/k/a: Joe Breitenbach
ANDNOW, (\ ILD ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters
are hereby granted toYVI O��Sd� ICC7 a in the above.eutateand(if,applicable)that
the'instrument(s)dated Fj
described in the Petition be admitted to pro ate and filed of ecord as the last W'll�tand Codicil{ ))oft .eeedent.
egister of Wills
1. •.I:I_L<;�. .�'V-
Form RW-02 rev.10/11/2011 _ �- �ggre 2 Of 2
LAST WILL AND TESTAMENT
OF
.v
JOSEPH H. BREITENBACH
r7l
I, JOSEPH H. BREITENBACH, of Carlisle, Pennsylvania, do r ale zk dee}are
this to be my last Will and Testament, hereby revoking all prior Wills and Codicik`s.
c; C) r -n
I am a widower. All references to my children are to BARRY WILLIAM
(—) r— rn
BREITENBACH,JOSEPH MAHLON BREITENBACH, RAY ALVIN BREIANBACH, to
U1
RITA GERALDINE BREITENBACH and PENNY PARKER TORRENCE and any child
or children born to or adopted by me after this Will is signed.
FIRST: I direct that all my legally enforceable debts, funderal expenses, expenses
of the administration of my estate, and federal estate and staet inheritance taxes, including
interest and penalties thereon, becoming payable because of my death be paid out of my Residue
as an expense of administration and without apportionment. Any debts from borrowing the cash
surrender value of any life insurance policy shall be paid from the proceeds of the respective
policy, and my Residue shall not be burdened with such indebtdness.
SECOND: I give and devise the real estate and improvements thereon at 917
Hamilton Street, Carlisle, Pennsylvania 17013 as follows:
1. To my following children, Barry William Breitenbach, Ray Alvin Breitenbach,
Rita Geraldine Breitenbach and Penny Parker Torrence in equal shares,per stirpes.
2. I have specifically excluded my son, Joseph Mahlon Breitenbach, from any share
of the real estate and improvements thereon at 917 Hamilton Street, Carlisle, Pennsylvania
17013, for my own reasons.
THIRD: All my personal effects, clothing, furniture, furnishings,jewelry,
automobiles, other tangible personal property of every kind, together with all other Personal and
Household Effects, in my home at 917 Hamilton Street, Carlisle, Pennsylvania 17013, and
insurance thereon, as follows:
1. To my following children, Barry William Breitenbach, Ray Alvin Breitenbach,
Rita Geraldine Breitenbach and Penny Parker Torrence in equal shares, per stirpes.
2. I have specifically excluded my son, Joseph Mahlon Breitenbach, from inheriting
any and all share of my personal effects, clothing, furniture, furnishings,jewelry, automobiles,
other tangible personal property of every kind, together with all other Personal and Household
Effects, in my home at 917 Hamilton Street, Carlisle, Pennsylvania 17013, and insurance
thereon, for my own reasons.
FOURTH: I give all the Residue of my estate as follows:
1. Subject to point 2, below, to my children, in shares of substantially equal value to
be divided, per stirpes.
2. The division of the Residue among my children and the descendants of any of my
children who fail to survive me shall be made by my Executor, in that person's sole and absolute
discretion. I empower my Executor to sell any or all of such property, if such property is not
distributed in kind hereunder, and to distribute the proceeds among my said children, or their
descendants, as the case may be, in substantially equal shares. Any determination of my
Executor as to what should pass or be sold under this paragraph and to whom it should pass or be
delivered or at what price it should be sold shall be conclusive.
FIFTH: I appoint JAMES W. KOLLAS, ESQUIRE, Executor of this Will. No
Executor acting hereunder shall be required to post bond or enter surety in any jurisdiction.
SIXTH: Any beneficiary who fails to survive until one hundred twenty (120)
hours after my death shall be deemed to have predeceased me, and any share of my estate to that
beneficiary shall be disposed of accordingly.
SEVENTH: In addition to the powers given to my Executor by law, I grant my
Executor the following powers with respect to my estate:
1. (a) To retain any property of my estate;
(b) To convey, sell,transfer, exchange, partition, mortgage, pledge, lease, assign,
or otherwise dispose of, hypothecate, or deal with any and all properties in my estate;
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(c) To borrow or lend money for such purposes and on such terms and conditions
as my Executor deems appropriate;
(d) To invest and reinvest any assets, funds, properties, or income of my estate in
such properties or investments as my Executor deems appropriate;
(e) To extend or renew any indebtedness upon such terms and for such time or
times as my Executor deems appropriate;
(f) To settle claims in favor of or against my estate; and
(g) To continue the operation of any proprietorship, partnership, corporation, or
other business owned by my estate, including the power to carry out and enforce the provisions
of any agreement for the disposition of my interest in any such business enterprises, even though
my Executor may be financially interested in such business or agreement.
2. Final distribution of my estate shall be made when my Executor determines the
time to be appropriate. Prior thereto, partial distributions may be made whenever my Executor
shall deem it advisable. Distributions may be made in cash or in kind, or partly in each, and for
this purpose, the determination of my Executor as to the value of any property distributed in kind
shall be conclusive.
3. My Executor shall in his sole and absolute discretion select assets or property to
be distributed in satisfaction of any devise or bequest in my Will without respect to the income
tax basis of such assets or property. My Executor specifically is excused from any duty of
impartiality with respect to the income tax basis of such property.
4. I realize that in the course of the administration of my estate conflicts of interest
may develop between beneficiaries of my estate. For example, conflicts may develop because of
a choice of alternatives involved in valuing assets for various purposes. In the resolution of any
conflict of interest, I request(but do not so direct)that my Executor first make a reasonable effort
to determine the overall effect of the conflict in the administration of my estate and in the
distributions to be made and then make reasonable efforts to resolve the conflict by the mutual
agreement of the respective beneficiaries or recipients. In the event that a mutual agreement
cannot be reached after reasonable efforts,my Executor shall resolve the conflict in his sole and
absolute discretion.
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5. I confer upon my Executor the sole and absolute discretion to exercise any
election or option given to my Executor under the revenue laws of the United States or any state
in which this Will may be probated or in which property of which I own an interest at the time of
my death may be located. My Executor may exercise such discretion without regard to the
relative interests of the beneficiaries of my estate, without compensating adjustments among the
beneficiaries of my estate, and notwithstanding the possibility that such decisions may increase
the amount of my taxable estate. Without limiting the generality of the foregoing sentence, my
Executor is authorized, in his sole discretion, to claim any expense of administration of my estate
as an estate tax deduction or as an income tax deduction; to elect to extend the payment of any
tax over such period as may seem appropriate to my Executor and available under law; to elect to
value any asset of my estate under any alternative Evaluation formula which may be permitted
under the Code;to select the alternative valuation dates for the valuation of my estate; to
disclaim or renounce, in whole or in part, any gift, inheritance, life insurance, or employee
benefit payable to my estate; and to file any tax returns for any year or years for which I have not
filed such return or returns prior to my death and to pay any taxes (together with any interest and
penalties thereon) as my Executor shall deem proper.
6. My Executor is authorized to distribute to any beneficiary of my estate any asset
of my estate subject to any and all indebtedness incurred by me or by my Executor which
indebtedness, in the sole and absolute discretion or opinion of my Executor, need not be paid
first, or to distribute any such property or asset subject to any or all mortgages, deeds of trust, or
the liens, encumbrances, or obligations created by me or by my Executor.
7. If any beneficiary to whom my Executor is authorized by this instrument to make
distributions is under a legal disability or is, in the opinion of my Executor, incapable of properly
managing his or her affairs,my Executor may make such distributions in any one or more of the
following ways:
(a) To such beneficiary directly;
(b) To the guardian, committee, conservator, or other similar official of such
beneficiary;
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(c) To a relative of such beneficiary to be expended by such relative for the benefit
of such beneficiary, including payment to such relative;
(d) To a custodian selected by my Executor under an applicable Uniform
Transfers to Minors Act; or
(e)By my Executor expending the same directly for the benefit of such
beneficiary.
8. Any decision made under this Section or any other provision of this Will by my
Executor with respect to any matter shall bind each beneficiary of my estate, and any other
person howsoever interested in my estate; and my Executor shall not be required to make any
compensating adjustments between income or principal or among any beneficiaries,trustees, or
any other person as a result of my Executor's action or inaction.
EIGHTH: The powers of my Executor to enter into any transaction shall in no
way be limited by the fact that the same or another party to such transaction is an Executor of my
estate or of any other estate; a beneficiary of my estate or of any other estate; the estate of such
beneficiary (whether living or deceased); a trust(created herein or elsewhere); or an executor or
trustee of any such estate or trust.
NINTH: If the appointment of an ancillary personal representative of my estate is
necessary or desirable in any jurisdiction in which no Executor of mine is able and willing to act,
my Executor may appoint, by written instrument, any individual or corporation as my ancillary
personal representative in that jurisdiction. My ancillary personal representative may be an
officer or employee of my Executor, shall serve free of court supervision insofar as legally
possible, and shall have all the powers and discretion with respect to my estate in that jurisdiction
that my Executor is given in this Will. My Executor may reasonably compensate my ancillary
personal representative for his services, may reimburse it for his expenses, and may absolve it
from any requirement that it furnish bond or other security.
TENTH: Any successor Executor is authorized (but not directed)to accept the
assets delivered by or for a predecessor Executor on the basis of the accounting therefor without
requiring an audit or other independent accounting of the acts of such predecessor Executor. Any
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successor Executor shall not be liable for, or liable for failure to rectify, any act or omission of
any predecessor Executor.
ELEVENTH: Any Executor herein named or otherwise appointed shall be
entitled to reasonable fees commensurate with his duties and responsibilities,taking into account
the value and nature of my estate and the time and work involved, without regard to any statutory
provision as to fees, and if it is a corporation, then not less than its then current minimum fee for
such services. If any licensed attorney or certified public accountant shall serve as Executor,
such person shall be compensated for services rendered on the basis of such person's customary
charges for legal or accounting services.
TWELFTH: The Executor shall be liable only for his own gross negligence or
willful misconduct.
THIRTEENTH: All references in this Will to my"Personal and Household
Effects" shall mean my jewelry, clothing, books, china, crystal and silverware, furniture and
furnishings, objects of art, boats, automobiles, club memberships, and all other personal property
of a nature, use, and classification similar to the foregoing, and includes all rights that I may have
under any insurance policies relating thereto. Expressly excluded from this definition is any
tangible personal property regularly used in connection with any business in which I own any
interest.
FOURTEENTH: All references in this Will to my"Residue" shall mean all the
remainder of my property, of whatsoever kind (whether real, personal, or mixed, and whether
tangible or intangible) and wheresoever situated (and including all lapsed bequests and devises
which fail for any reason), not specifically disposed of herein. Should I possess one or more
powers of appointment, however, I call attention to the fact that I do not desire to exercise any
such power; neither such power nor any property subject to any such power shall be regarded as
part of my Residue.
FIFTEENTH: All references in this Will to "per stirpes" shall mean a
distribution in accordance with this Section. Whenever a distribution is to be made to the
descendants of any person, the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children of the person who left
descendants who are then living. Each living child(if any) shall take one share and the share of
each deceased child shall be divided among his then living descendants in the same manner.
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SIXTEENTH: It is my will and I direct that if any person named in this, my Last
Will, shall directly or indirectly institute, conduct or, in any manner whatsoever, take part in or
aid in any proceedings to oppose the probate of this, my last will, or of any codicil thereto, or
impair, invalidate or set aside the same or any of its provisions, then in such event the provision
herein made for the benefit of such person or persons shall thereupon be revoked and such person
or persons shall be excluded from any participation in my estate and shall thenceforth cease to
have any right, title or interest in or to any portion of my estate or any property, devise or bequest
hereunto and any income, and the share of, or the devise or bequest to such person or persons, I
do hereby give, devise and bequeath to such other devisees and legatees mentioned in my said
will (equally, share and share alike). But, nothing contained herein shall be construed to prevent
my Executor, or his successors, from instituting or bringing any action, suit or proceeding for the
construction or interpretation of my will or of any codicil thereto, nor to prevent any beneficiary
herein named from disclosing relevant information in a proceeding for the probate of my will or
its construction.
SEVENTEENTH: As used in this Will, whenever the context so indicates, the
gender of all words shall include the masculine, feminine, and neuter, and the number of all
words shall include the singular and plural.
EIGHTEENTH: If any part of this Will shall be invalid, illegal, or inoperative
for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall
be effective and fully operative. My Executor may seek and obtain court instructions for the
purpose of carrying out as nearly as may be possible the intention of this Will as shown by the
terms hereof, including any terms held invalid, illegal, or inoperative.
IN WITNESS W EREOF,I hereunto set my hand this J day of
26T
BY: 4
J SE H H. BREITENBACH
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SIGNED, PUBLISHED and DECLARED by the above, JOSEPH H.
BREITENBACH, as and for his Last Will and Testament, in the presence of us, who, at his
request, in his presence, and in the presence of each other, have hereunto subscribed our names
as witnesses:
of
of
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, JOSEPH H. BREITENBACH, Testator,whose name is signed to the
foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I
have signed and executed the instrument of 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.
Sworn to and acknowledged before me by JOSEPH H. BREITENBACH,the
Testator,this qday of 20
Jo eph H. Breitenbach
Notary Public NOTARIAL SEAL
CAROLE A ROSE
Notary Public
EMy
R ALLEN TWP.,CUMBERLAND CNTY
Commission Expires Dec 6,2015
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
,
We, nd
the witnesses whose names are signed to the attached instrument, being duly qualified according
to law, do depose and say that we were present and saw the Testator, JOSEPH H.
BREITENBACH, sign and execute the instrument of his Last Will and Testament; that he
signed it willingly and that he executed it as his free and voluntary act for the purposes therein
expressed;that each of us in the hearing and sight of the Testator signed the Will as witnesses;
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 to and subscribed to before me by and
a�A 7 l L- witnesses, this�day of 0E.
Witness Witness
Ciel/LJ( NOTARIAL SEAL
CAROLE A ROSE
Notary Public Notary Public
LOWER ALLEN TWP,CUMBERLAND CNTY
My Commission Expires Dec 6,2015
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