HomeMy WebLinkAbout07-30-15 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: SHIRLEY E. BERRIAN File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: June 21, 2015 Age at death: 87
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 1254 York Road, 17055 Monroe Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1254 York Road. 17055 Monroe Township 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 Pen nsylvania.. . .. . . . . . . . . . . . . . . . . . .. . . . . All personal property $ 2.500.00
If not domiciled in Pennsylvania. . . . . . . . . . . . .. . . . . . . . . . . Personal property in Pennsylvania $
If not domiciled in Pennsylvania. . . . . . . . . . . . .. . . . . . . . . . . Personal property in County $
Value of real estate in Pennsylvania.. . . . . . .. . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . .. . $
TOTAL ESTIMATED VALUE. . . . $ 2.500.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County
Fv� 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 Avi1 22, 1998 av and Codicil(s)
thereto dated N/A n
State relevant circumstances(e.g.renunciation,death of executor,etc.) p7 C- G� CO
r cn
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not dere`-ed no arty;(q amending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323( aEgdj6not e a 6mlMorn or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Cz) O
C7 C�
Q NO EXCEPTIONS ❑EXCEPTIONS o -11
co r-" M
❑ B. Petition for Grant of Letters of Administration (If applicable) r—
c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,dtY ante absenti rante id%ritate
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 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
form RW--02 rev. i0/l1/2011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Harold E. Berrian 1254 York Road, Mechanicsburg, PA 17055
The Petitioner(s)above-named swear(s)&r affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Reprcaenrative(s)of the Dece nt,t P itioner(s) i I I well and truly administer the estate according to law.
Sworn to oLaffirmed and subs cribecl before ` Date �� 1
me this�l r 1 daft of J U.l „^ �I Date
By: Date
For the Register _ Date
C cn :U rrI"
C> M C7
BOND Required: AYES ✓�NO To the Register of Wills: pJ .� <Y G) C7
FEES: Please enter my appearance by my s � tq)below o
r- z rrt r�
CZ)
Letters . . . . . . . . . . . . . . . . . . . . . . $ 30.00 Attorney Signature: _ cn T
( 5 ) Short Certificate(s). . . . . . 25.00 ` j
( ) Renunciation(s).. . . . . . . . / - �-
( ) Codicil(s). . . . . . . . . . . . .
( )Affidavit(s). . . . . . . . . . . . j �{ r
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Marlin R. McCaleb Esquire
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other Will . . . . . . . . 15.00 ID Number: 06353
Inheritance Tax . . . . . . . . 15.00
Inventory . . . . . . . . 15.00 Firm Name: Law Offices- Marlin R. McCaleb
. . . . . . . . Address: 219 East Main Street
. . . . . . . . Mechanicsburq, PA 17055
. . . . . . Phone: 717-691-7770
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717-691-7772
JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: marlinmccaleb a)-msn.com
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 140.50
DECREE OF THE REGISTER II p�U Q
Estate of SHIRLEY E. BERRIAN File No: ''1� Z�
a/k/a:
AND NOW, , 2015 , in consideration of the foregoing Petition,
satisfactory proof hav' i een p4res before me,IT IS DECREED that Letters Testamentary
are hereby granted to Harold E. Berrian
in the above estate and(if applicable) that
the instrument(s) dated April 22, 1998
described in the Petition be admitted to probate and filed of r cord as the last Wil (and Codicil(s)) of Decedent.
Re is er of Wil OW
Fo,-,,,Rw-oz rein. !0/11/201! Page 2 of 2
U:RDFD OFFICE- 0F`
REGISER OF WILLS
?0 JUL 30 HA 9 58 LAST WILL AND TESTAMENT
CLERK OF
ORPHANS' '
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IR�E�Y RL11" R�E�YE. BERRIAN, of the Township of Monroe, County of
Cumberland and 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 any time heretofore made.
FIRST. I order and direct that all my just debts and funeral expenses be
paid by my Executor or Executors, as the case may be, hereinafter named, as
soon as conveniently may be done after my decease.
SECOND. I give and bequeath my automobiles and personal effects and
such household goods, furniture and furnishings as may be my individual property
and not the property of my husband, or owned jointly by me with him, and other
tangible personalty of like nature (not including cash or securities), together with
any existing insurance thereon, unto my husband, HAROLD E. BERRIAN, if he
survives me for a period of thirty (30) days. Provided, however, that if my husband
predeceases me or fails to survive me for a period of thirty (30) days, then I give
and bequeath such tangible personal property and insurance thereon unto my
children, namely: SHIRLEY ANN SALZBRENNER, DIANE GAIL KUC and
HAROLD D. BERRIAN, or unto the survivor or survivors of them if any are not then-
Living, the same to be divided between them by my. Executors, hereinafter named,
LAW OFFICES with due regard for their personal preferences in as nearly equal shares as
MARLIN R. McCALEB
possible.
THIRD. I give, devise and bequeath all the rest, residue and remainder of
my Estate, real, personal and mixed, whatsoever and wheresoever situate, unto
my husband, HAROLD E. BERRIAN, absolutely and in fee simple, if he survives
�\ me for a period of thirty (30) days.
FOURTH. If, however, my husband, HAROLD E. BERRIAN, shall
predecease me or fail to survive me for a period of thirty (30) days, then and in
that event:
A. I give and bequeath the sum of Five Hundred ($500.00) Dollars
\ unto FRANCES SARIGIANIS, of Staatsburg, New York, absolutely, if she survives
me.
B. I give, devise and bequeath all the rest, residue and remainder of
my estate, real, personal and mixed, whatsoever and wheresoever situate, in equal
shares unto my children, SHIRLEY ANN SALZBRENNER, DIANE GAIL KUC and
HAROLD D. BERRIAN, share and share alike, absolutely and in fee simple.
Provided, however, that if any 'of.my said children shall predecease
me leaving lawful issue to survive me, then I order and direct that the share which
such deceased child would have received had he or she survived me shall instead'.
be paid over and distributed unto his or her said lawful issue per stirpes, said issue
to take the ancestor's share by representation and not per capita. Provided,
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MARLIN R. McCALEB
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further, however, that in the event of a distribution under the terms of the
preceding sentence to a beneficiary who has not attained the age of twenty-five
(25) years at the time of such distribution, the amount to be distributed to said
beneficiary shall instead be paid over to and held by my Trustee or Trustees,
hereinafter named, IN TRUST, NEVERTHELESS, to hold, manage, invest and
\� reinvest the same and the income therefrom, and to use and apply as much of the
income and principal thereof as may be proper in the sole and absolute discretion
of my Trustee or Trustees, as the case may be, for the support, welfare,
maintenance, care and education, including college or other post-high school
education or training, of said beneficiary; and upon the death of the beneficiary or
upon the beneficiary attaining the age of twenty-five (25) years, whichever first
occurs, said Trust shall terminate and my Trustee or Trustees, as the case may
be, shall pay over and distribute the remaining balance of principal and income, if
any, to the beneficiary or to the personal representative of the beneficiary, as the
case may be.
My Trustee or Trustees, as the case may be, shall hold all income
and principal from any Trust herein free from all claims, attachments, judgments,
executions and liens of every kind and nature by creditors of any beneficiary and
no beneficiary shall have any power to anticipate, assign, alienate, pledge, charge
or encumber the income or principal of such Trust.
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MARLIN R. McCALEB
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FIFTH. I nominate, constitute and appoint the spouse of my deceased child
as Trustee of any Trust created in ITEM FOURTH, above, for the issue of that
deceased child, but if for any reason said spouse shall fail to qualify as such
Trustee or cease so to serve, then I nominate, constitute and appoint my surviving
children as Trustees to serve in his or her place and stead, all to serve without
bond in this or any other jurisdiction.
�6. SIXTH. In addition to any other powers conferred by law, my Trustee or
Trustees herein, as the case may be, are hereby expressly authorized and
empowered at all times, in their sole and absolute discretion:
A. To purchase, invest in or otherwise acquire and to retain, whether
originally a part of the trust estate or subsequently acquired, any and all
stocks, bonds, notes or other securities, or any variety of real or personal
property, including stocks or interest in investment trusts and common trust
funds maintained by any bank, or interest-bearing accounts in or certificates
issued by any bank, as they may deem advisable without being limited by any
statute or rule of law prescribing or relating to legal investments by Trustees;
and to hold or retain cash or readily marketable securities of little or no yield
for such periods as they may deem advisable. The investments need not be
diversified and may be made or retained with a view to a possible increase in
value.
LAW OFFICES
MARLIN R. McCALEB
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B. To sell at public or private sale, pledge, mortgage, lease, transfer,
exchange, convert or otherwise dispose of, or grant options with respect to,
any and all property at any time forming a part of the trust estate, in such
manner, at such time or times, for such purposes, for such prices and upon
such terms, credits and conditions as they may deem advisable, including the
right to lease such property for periods of time which may extend beyond the
termination of this Trust.
C. To borrow money for any purpose connected with the
administration, protection, preservation or improvement of the trust estate
whenever in their judgment advisable, to execute promissory notes or other
obligations for amounts so borrowed, as security for the amounts so
borrowed, to mortgage or pledge any real or personal property forming a part
of the trust estate upon such terms and conditions as they may deem
advisable.
D. To vote in person or by general or limited proxy with respect to any
shares of stock or other securities held by them; to consent, directly or
through a committee or other agent, to the reorganization, consolidation,
merger, dissolution or liquidation of any corporation in which the Trust may
have any interest, or to the sale, lease, pledge or mortgage of any property
by or to any such corporation; and.to make any payments and to take any
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MARLIN R. McCALEB
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steps which they may deem necessary or proper to enable them to obtain the
benefit of any such transaction.
E. To hold investments in the name of a nominee.
F. To pay, compromise, compound, adjust, submit to arbitration, sell
.or release any claims or demands of the Trust against others or of others
against the Trust on such terms as they may deem advisable, including the
acceptance of deeds of real property in satisfaction of bonds and mortgages,
and to make payments in connection therewith which they may deem
advisable.
G. To decide all questions as to what constitutes income or principal
to apportion, allocate, charge or credit as between income or principal all
receipts, discounts, premiums and expenditures.
H. To make distribution of the principal of this trust estate in kind,
including undivided fractional shares or interests in any property constituting a
portion of said principal, or partly.in kind and partly in cash, and to determine
the value of any property so distributed.
I. To execute and deliver any and all instruments in writing which they
may deem advisable to carry out any of the foregoing powers. No party to
any such instrument in writing signed by the Trustee or Trustees, as the case
may be, shall be obliged to inquire into its validity, or be bound to see to the
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MARLIN R. McCALEB
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application by the Trustee or Trustees of any money or other property paid or
delivered to them by such party pursuant to the terms of any such instrument.
-e
J. To purchase assets from my estate at fair market value; to lend
money to my estate with or without security; and to advance money to my
estate, without reimbursement, for the payment of costs of administration and
taxes incurred or accruing by reason of my death, except that any property or
proceeds received by the Trustee or Trustees that is exempt from federal or
state inheritance taxes shall not be used or applied for the payment of such
costs,of administration or taxes.
K. To repair, alter or improve any property of the trust estate.
L. To add to the principal of any trust created hereunder any property
received from any person by deed, will or in any other manner.
M. To pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and to exercise
any right, option or privilege existing thereunder.
N. In dividing the trust estate into shares or trusts, to allot undivided
interests in any property to the several shares or trusts, and also to make
investments in common for any or all such shares or trusts.
O. To pool the assets of all separate trusts under Item FOURTH,
above, for investment purposes, allocating to each such trust an undivided
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MARLIN R. MCCALEB
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proportionate interest in the pooled assets.
P. In the exercise of their discretion with respect to the use of
principal or income for any beneficiary, to take into account other property
and income available to such beneficiary; in so doing, the Trustee or Trustees
may conclusively rely on written representations made to them by the
beneficiary, and the judgment of the Trustee or Trustees as to the amount of
principal or income so used and the extent to which other resources are
considered shall be conclusive as to all parties in interest.
Q. To exercise all powers, authority or discretion given by this
instrument after the termination of any trust created herein until the same is
fully distributed.
SEVENTH. All federal, state and other death taxes payable because of my
death, with respect to the property forming my gross estate for tax purposes,
whether or not passing under this Will, including any interest or penalty imposed in
connection with such tax, shall be considered a part of the expense of the
administration of my residuary estate and shall be paid out of the principal of my
estate without apportionment or right of reimbursement.
LASTLY. I nominate, constitute and appoint my husband, HAROLD E.
BERRIAN, Executor of this, my Last Will and Testament, but if for any reason he
shall fail to.qualify as such Executor or cease so to serve, then I nominate,
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iARLIN R. McCALEB
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constitute and appoint my children, SHIRLEY ANN SALZBRENNER, DIANE GAIL
KUC and HAROLD D. BERRIAN, Executors, to serve in his place and stead, all to
serve without bond in this or any other jurisdiction.
IN WITNESS WHEREOF, I, SHIRLEY E. BERRIAN, have hereunto set my
hand and seal to this, my Last Will and Testament, which consists of nine (9)
typewritten pages to each of which I have affixed my signature this day
of A.D., One Thousand Nine Hundred Ninety-Eight
(1998).
6 1 "SEAL)
The preceding instrument, consisting of this and eight (8) other typewritten
pages, each identified by the signature of the Testatrix, was on the date thereof
signed, sealed, published and declared by SHIRLEY E. BERRIAN, the Testatrix
therein named, as and for 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.
LAW OFFICES
MARLIN R. McCALEB
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r
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Shirley E. Berrian , Deceased
Marlin R. McCaleb a subscribing witness to
(Print Name/s)
the ✓ Will -1 Codicil(s) presented herewith,•(fae+-being duly qualified according to law, depose(s) and
say(s) that she/he/Ahey was/tee- present and saw the above des r/Testatrix sign the same
and that 4te/he/they signed the same and that -she/he/+he-y signed as a witness at the request of
the —Testate•/Testatrix in her Hris presence and in the presence of each other.
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(Signature) (Signature) �-- 2 C- 5 sem:
M -° r— Cn aJ,
s �
219 East Main Street �. M � m
(Street Address) (Street Address) '`t
Mechanicsburg, PA 17055 0 Q
(Cit);,State,Zip) (City,State,Zip) -:-i CO M
C11 Cn
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Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
before me this- _day before me this day
of —.10"A S of ,
Deputy for Reg' ter "f.Wills' Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oadis. Please have present the original or copy of instrument(s)at time of notarization.
Form RW-03 rev. /0.13.06
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Shirley E. Berrian , Deceased
Jeanette L. Frady , ( ) a subscribing witness to
(Print Naniels)
the ✓ Will F-11 Codicil(s) presented herewith,-�eaeh) being duly qualified according to law, depose(s) and
say(s) that she/-+fu/they was/were present and saw the above Testator/Testatrix sign the same
and that she/-re/they signed the same and that she/43e-/4hey- signed as a witness at the request of
the -+ester/Testatrix in her/iris presence and in the presence of eacb other.
W 7U 7-�
(Signature) (Sii�ahr e) O z
Tlr
31 Cascade Road cc'a �
(Street Address) (Street Address)
C=) X C7
Mechanicsburg, PA 1 5 C3 C,
(City,State,Zip) (City,State,Zip) r— O 'r7ZB
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Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
before me this day before me this day
or
of of
Deputy for Register of Wills Notary Public
",,My Commission Expires:
(Signature and Seal of Notary or other official qualified to
tadminister oaths. Sow date of expiration of Notary's Commission)
MV 1ru ^e 011"HYLVANI
NOTARIAL SEAL
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original o copy oj*&d nRte11�6atptb rN0&Jj1VWWtion.
vKhanioswM Bora,cwbwww Com
MY Commission Eltpin3 Doo,it,201E
Form RW-03 rev. 10.13.06 ET