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HomeMy WebLinkAbout05-03-05 111, PETITION TO COMPEL ADMINISTRATION d/ -05 - 0'/68 Before the Register of Wills of Cumberland County, In the matter of the Estate of Lucy L. Brink, Deceased To the Honorable Glenda F. Strausbaugh, Register of Wills of Cumberland County: The petition of Lynda K. Schuppert respectfully represents: 1. That Lucy L. Brink died testate, a resident of Cumberland County, on October 21st, 2004. 2. Said decedent was survived by Thomas Brink, her son, and Lynda K. Schuppert, her daughter, both of whom are of full age and sui juris. 3. Said decedent owned sundry real and personal property at the time of her death, as your petitioner is informed, believes and therefore avers, in excess of $100,000 in value. 4. Said Thomas Brink, named as executor in the will of Lucy L. Brink, has not taken out letters testamentary on the estate of the said decedent, though repeatedly requested so to do by your petitio~er, and'he still neglects and refuses to do so. A copy of the will is att~ched :as "Exhibit A." 5. Said Lynda K. Schuppert is entitled to take under the ""UI, and has received none of the decedent's property thus far. 1..0 '-j i u-R 'I' I 6. Said Thomas Brink has offered no accounting of what property and assets of the deceased have been distributed, nor to whom. WHEREFORE, your petitioner prays that a citation issue directed to the said Thomas Brink, son of Lucy L. Brink, deceased, to show cause why he should not apply for, and take out letters testamentary on the estate of the said Lucy L. Brink, or failing this, to show cause why they should not nominate another to take out letters in their place and stead. And your petitioner will ever pray, etc. ~ /h1,~ Michael M. Jerominski, Esquire Attorney for Petitioner Supreme Court I.D. #92977 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 249-5125 ~ L~ } ~~ Da I CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition to Compel Administration upon Thomas Brink by depositing same in the United eJ M States Mail, first class, postage pre-paid on the ~ - day of "'1 ' 2005, from Carlisle, Pennsylvania, addressed as follows: Thomas Brink 275 Newburg Road Newburg, PA 17240 TURO LAW OFFICES ~ /)11.~ Michael M. Jerominski, Esquire Supreme Court 1.0. No. 92977 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 VERI FICA TION I verify that the statements made in the foregoing Petition to Adminsitration are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~~c;-J06 Date I , .: JMf ~ur ana ~rJfnmrnf 01 LUCY L. BRINK I, Lucy L. Brink, of Newburg, 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 and expenses involved or connected with the administration of my estate 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. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, -to purchase a burial plot and to erect a suitable_marker at my grave, and to expend sums from my estate for this purpose. SECOND I give, devise and bequeath my entire estate together with all insurance proceeds thereon of whatever nature and wheresoever situate to my beloved spouse, Isaac T. Brink, providing that he survives m~ by sixty (60) days. EXHIBIT I A C~j1 l~/L.vnA --I , . ,.../ j.,=" THIRD Should my spouse, Isaac T. Brink, predecease me or die on or before the sixtieth (60th) day following my death, then I make the following specific devises: c. I give, devise and bequeath all rights in 273 and 275 Newburg Road, Newburg, Cumberland County, Pennsylvania to my son, Thomas Brink and his wife, Lisa Brink; and d. I give, devise and bequeath all rights in and to a mortgage and note dated ,j.,A )2 ,,)CC() between myself and my beloved husband, Isaac T. Brink (as mortgagees and note holder) from my beloved son, Thomas Brink and his wife, Lisa Brink (as mortgagors), to my beloved daughter, Linda Brink Shubbert. FOURTH .. I give, devise and bequeath the rest, residue and remainder of my Estate in equal shares, share and share alike, to my son, Thomas Brink, and my daughter, Linda Brink Shubbert, per stirpes. If either of my children predeceases me, then I direct that their share shall go to their issue. If either of my children fails to leave issue, then their share shall go to the other child. FIFTH 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 the testator intends that such powers be construed in the broadest possible manner. { \l/J/u/-v~ -i~~j 0\. SIXTH I nominate, constitute and appoint my spouse, Isaac T. Brink, of Newburg, Cumberland County, Pennsylvania, .Executrix of this my Last Will and Testament. In the event Isaac T. Brink is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, Thomas Brink, to serve instead. SEVENTH I hereby declare it to be my expressed desire that my personal representative employ Lisa M. Greason, Esquire of Cumberland County, Pennsylvania, for legal advise and assistance regarding this my Last Will and Testament, she 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 /;17" day 00i-~}/ , 2000. o ~'fJJ/Oj/l i"\ ,.....----y'/ .. / 1.... .,/,/) y)L (~j{:/iz~ '-/Witness/ l/ - --.1,; . t) .-,.L..t<.---c-...f ;( Lucy L. Brink / /;) c~ I~(./~l ~ , /rLLLLZ j). Lxfrn.,:+-h Witness I ACKNOWLEDGMENT . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :ss I, Lucy L. Brink, the Testator 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. /i {" 'f-G{A:_j ;;1:' f~ Lucy L. Brink Sw?,[.n or affirmed and acknqwledged before me by Lucy L. Brink, the Testator, ,,- this /,,-{ day of ....:~ t,( ,2000. ~/"~ iF -_._- - ~,--=<=-=~~~,. i GroTA:r~ W~ ~ 1 ~ J. ~.m, I;'lI.;mw~!b!i~ j n ~ ~~, Ctl';R:~~d[U'ffJ Cm~.~1:!,;r~ P;f~. ~_ t~> _ ~~u1~'~ ~~~=~~:~~'~~~~~_;::~!_~:~~~,_~>~ .IJ' t3- ~ pv~1 J. .,' ~-.~ , .' AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND We, L 54 Nt 6" (.-it S;'.-'\ and fhn Lt W! - ,\ VVlJ ,ph, 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 Testator 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 Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. \ // )~, " L//) "J /' l I I 0" / ,. ,f //,}1 ,1, )tt'.tL/y,-- , / / (_/ /) /J 17. ..J~ kLLL~ . L-d fru J y \. " Sworn or affirmed and subscribed before me by L1:stJ; M, bd....Ci S/..A---- and R in u M. ~fYti t11 this /..2 /1(-' day of Jd l,Y , 2000. r\-~~-:~C=-~~~~~iNik~~r~'-@F.;::~.~~~~'_._.~ ;; ,%;g'~~(;';;2, i>;:,>:,d; , I .,' a' .~, ".-... f.-I,"; ."'.'