HomeMy WebLinkAbout09-03-15 PETITION FOR PROBATE AND GRANT OF LETTERS
Register of Wills of Cumberland County, Pennsylvania
Petitioner, named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof,
avers the following and respectfully requests the grant of Letters in the appropriate form::
DECEDENT'S INFORMATION
Estate of MARGARET W. TERBUSH F112 NO. �'� '�—/� �C/���
A/K/A MARGARET WIRTH TERBUSH Deceased Social Security No.
Date of Death: August 12, 2015 Age at Death: 94
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania,with her last family or principal residence at
824 Lisburn Road Camp Hill, Cumberland County, PA17025
(List street,address,town/city,county,state,zip code)
Decedent died at Cumberland Crossings 1 Longsdorf Way.Carlisle, 17015 Cumberland County. PA
List street,address,Post Office and zip code city,township or Borough County State,
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property.....................................................................$ 30,500.00
(If not domiciled in PA) Personal property in Pennsylvania.....................................$
(If not domiciled in PA) Personal property in County....................................................$
Value of real estate in Pennsylvania......................................................................................................................$
Total.........................................................................................................$ 30.500.00
Real Estate situated as follows:
(attache additionalsheets ifnecessaryJ Street address,Post Office and Zip Code City,Township or Borough County,State
QA. Petition for Probate and Grant of Letters Testamentary
Petitioner avers she is the Alternate Executrix named in the Last Will of the Decedent dated August 15, 2003.
The Decedent named her husband, G. Clifford Terbush to serve as Executor of her Last Will and Testament. G. Clifford
Terbush died January 22, 2010.
State relevant circumstances,e.g.renunciation,death of Executor,etc.
Except as follows, After the execution of the instrument offered for probate, Decedent did not marry,was not divorced, and
was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as
defined in 23 Pa.C.S.A. § 3323(g) and did not have a child born or adopted and the Decedent was neither the victim of a
killing and was never adjudicated an incapacitated person
0 NO EXCEPTIONS ❑ EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (if applicable)
enter:c.t.a.;d.b.n.c.t.a.;pendent elite;durante absentia;durante minoritate
If Administration, c.t.a. or d.b.n.c.t.a., �1 ---� m
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Except as follows: Decedent was not a party to a pending divorce proceeding at the time�d�th whe�in gr-p}��for
divorce has been established as defined in 23 Pa.C.S.A. § 3323(g) and was neither a victi�j;o�,� I�illing"�d wa��ver
adjudicated an incapacitated person � } ��; ;-~ ` �:-7
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Petitioner, after a proper search, has ascertained that Decedent left no Will and was survived by fhe foll o g �pou�le(if
any) and heirs (attached additional sheets, if necessary) � ';� �
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Name Relationshi Residence
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA :
, Official Use Only
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COUNTY OF CUMBERLAND : � �=� �
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Petitioner's Printed Name Petitioner's Printed Address '°' r,.� ; ,,
CHARLOTTE WIRTH BERGES A/K/A CHARLOTTE W. BERGES 1�JZ CREEKSIDE DRIVE --•-. `"-'"r
A/K/A CHARLOTTE J. BERGES ENOLA, PA 17025 � � ''1
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The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and cor�t to.�the
best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petition�nrill v�i�l�nd
truly administer the estate according to law.
Sworn to and affirmed and subscribed � YV.
CHARLOTTE WIRTH BERGES ATED: 0 �'-p 3 � aF7/�
Before me this �r� day of
�--�,����rn�� � , 2015.
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For the� egister
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BOND Required ❑ YES Q NO
FEES :
To The Registe�of Wills
Letters........................... $ 90.00 Please enter my appearance by my signature b�low:
{4) Short Certificate(s) $ 20.00 to,n Signat e'
{ } Renunciation........... $
{ ) Codicil(s) $
{ )Affidavit(s).................. $
Bond $
Commission $ Printed Name: DAVID W. DELUCE
Other $ Supreme Court
Will $ 15.00 I.D. No: 41687
Inher. Tax Return $ 15.00 Firm Name: Johnson, Duffie, Stewart & Weidner,
Inventory $ 15.00 Address: 301 Market Street, P.O. Box
$ Lemoyne, PA 17043
Automation $ 5.00 Phone: 717-761-4540
JCP Fee....................... $ 35.50 Fax: 717-761-3015
TOTAL......... $ 195.50 Email: DWD(c�jdsw.com
DECREE TO THE REGISTER
Estate of MARGARET W. TERBUSH A/K/A MARGARET WIRTH TERBUSH , Deceased. File No. ��-��% � ��7��
Social Security No: 202-09-9692 Date of Death: August 12, 2015
AND NOW, , 2015, in consideration of the foregoing Petition, satisfactory
proof having been presented before in the above estate and that the instrument dated Auc�ust 15, 2003
described in the Petition be admitted to probate and f' e f-record s e Last ' I of the Decedent.
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Register of Wills
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REGISTER OF WILLS Certificate of Grant of Letters
CUMBERLAND COUNTY, PENNSYLVANIA
No.21-15-0945
PA No. 21-15-0945
.
� , ESTATE OF Mar,�;aret W.Terbush
' a/k/a MarQaret W irth Terbush
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� r�r Late Of: South Middleton Townshiv,Cumberland County,
Deceased
Social Security No,
WHEREAS, on the 3rd day of September,2015, the instrument dated
August 15, 2003, was admitted to probate as the Last Will of Margaret W. Terbush a/k/a
Margaret Wirth Terbush late of South Middleton Township, who died on the 12th day of
August, 2015, and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, Lisa M. Grayson, Esq., Register of Wills in and for the County of
Cumberland, in the Commonwealth of Pennsylvania, hereby certify that I have this day
granted Letters Testamentary to Charlotte Wirth Berges, a/k/a Charlotte W. Berges a/k/a
Charlotte J. Berges who duly qualified as Executrix and who agreed to administer the
estate according to law, all of which fully appears of record in my office at Carlisle,
Pennsylvania.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office
the 3rd day of September,20l 5.
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LAST WILL AND TESTAMENT
OF
MARGARET W. TERBUSH
I, MARGARET W. TERBUSH, of Harrisburg, Dauphin County,
Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty of this
life,I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross
for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of
His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking all
my former Wills and Codicils:
Article One: Tangible Personal Property:
§1.1 I bequeath all my tangible personal property to My Husband, G. Clifford.
Terbush, (My Husband), if he survives me. If My Husband does not survive me, I bequeath all my
tangible personal property in accordance with the terms of a personal property memorandum I may
prepare. If no such memorandum is located or received by the Executor within 60 days after being
appointed as such, after conducting a reasonable search for such memorandum, the Executor shall
be held harmless for distributing such property as hereinafter provided.
§1.2 If My Husband does not survive me, I bequeath such property not disposed of
by such memorandum, or all of such property if no such memorandum is located or received, to
children,per stirpes,to be divided among them in as nearly equal shares as they agree. In the event
of irreconcilable disagreement among my children,they shall take alternate turns selecting individual
items with the oldest child making the first selection. Any items not so selected shall be sold and
the proceeds shall pass as a part of my residuary estate. The children are Charlotte J. Berges of
Camp Hill, PA and Carolyn M. Wirth of Lancaster, PA.
§1.3 To the extent practicable in the Executor's sole discretion, I bequeath any
policies of insurance on such property to the beneficiary entitled to such property.
§1.4 I direct that the expenses of storing, packing,shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
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administrative expense of my estate.
Article Two: Residue:
§2.1 I bequeath and devise all the residue of my estate, of whatever nature and
wherever situated, including any properiy over which I have a power of appointment, to My
Husband. If My Husband does not survive me, then I bequeath and devise all the residue of my
estate, subject to the provisions of§2.2 hereinafter, to be divided and distributed as follows:
§2.1.1 All of the rest of my estate shall be divided as follows:
A. Forty percent (40%) to Charlotte J. Berges,per stirpes. If Charlotte
J. Berges fails to survive me, her share shall be divided as follows: Twenty-five percent (25%) to
Carolyn M. Wirth and Seventy-five percent(75%)to Stephanie T. Bower, of Camp Hill, PA, per
stirpes.
B. Forty percent(40%)to Carolyn M. Wirth. If Carolyn M. Wirth fails
to survive me, her share shall be divided between Charlotte J. Berges and Charlotte's daughter,
Stephanie T. Bower, or to the survivor of them, per stirpes; and
C. Twenty percent(20%)to Stephanie T. Bower, per stirpes.
§2.1.2 If I am not survived by any of the foregoing persons, per stirpes, then I
bequeath and devise all of the residue of my estate as charitable bequests to be divided and
distributed as follows:
A. Fifty percent (50%) to the Masonic Homes of the Grand Lodge of
Pennsylvania, Free and Accepted Masons, Elizabethtown, PA, for the charitable work of the
Masons; and
B. Fifty percent (50%) to the Pennsylvania State University, State
College, PA, as part of the endowment of that University.
§2.2 I give to the Trustee hereinafter named any share passing hereunder for the
benefit of any Beneficiary of mine, who shall not have attained the age of twenty-two (22)years,
to be held, administered and disposed of in accordance with the terms of Article Three hereof (the
"Beneficiary's Trust") for the benefit of such Beneficiary.
Article Three: The Beneficiary's Trust:
§3.1 The Trustee shall hold, manage, invest and reinvest the assets of the
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Beneficiary's Trust, collect the income thereof and:
§3.1.1 While the beneficiary of the Beneficiary's Trust(the "Beneficiary")
is under eighteen(18)years of age,the Trustee shall apply to or for the benefit of the
Beneficiary so much of the net income and, if the net income is insufficient, so much
of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem
necessary or proper for the Beneficiary's health,maintenance, support and complete
education, including preparatory, college and graduate education, and professional,
vocational or technical training,taking into account other available funds, including
the Beneficiary's assets. The Trustee shall annually accumulate any net income not
so distributed and add the same to the principal of the trust property.
§3.1.2 After the Beneficiary attains eighteen(18)years of age, the Trustee
shall distribute to or for the benefit of the Beneficiary the net income of the
Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee
deems it advisable, and so much of the principal as the Trustee shall from time to
time deem necessary or proper for the Beneficiary's health,maintenance, support and
complete education, including college and graduate education, and professional,
vocational or technical training, and to assist the Beneficiary with reasonable
wedding expenses, in the purchase of a principal residence or in the establishment of
a profession or business considered a good risk by the Trustee, taking into account
other available funds, including the Beneficiary's assets.
§3.1.3 Any Beneficiary upon reaching the age of twenty-two (22)years may
withdraw any or all of the principal of that Beneficiary's Trust.
§3.1.4 If the Beneficiary dies before the complete termination of the
Beneficiary's Trust,the Trustee shall distribute the property then held in trust to such
persons or corporations, (including the Beneficiary's estate), in such amounts and
upon such trusts, terms and conditions, as the Beneficiary by last Will may appoint
by specific reference to this general power of appointment; provided, however, any
portion of the trust property not subject to the Beneficiary's power of withdrawal
immediately prior to the Beneficiary's death may only be appointed to one or more
of the Beneficiary's issue, in such amounts and upon such trusts, terms and
conditions as the Beneficiary by last Will may appoint by specific reference to this
special power of appointment. Any property not so appointed shall be distributed to
the Beneficiary's then living issue, per stirpes, or if none, in accordance with the
provisions of Article Two above.
Article Four: Appointment of Fiduciaries:
§4.1 I appoint My Husband as Executor of this Will. If My Husband is unable or
unwilling to serve or to complete the administration of my estate for any reason whatsoever, I
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appoint Charlotte J.Berges as first,contingent Executrix of this Will.If Charlotte J. Berges is unable
ar unwilling to serve or to complete the administration of my estate for any reason whatsoever, I
appoint Carolyn M. Wirth as second, contingent Executrix of this Will. If Carolyn M. Wirth is
unable or unwilling to serve or to complete the administration of my estate for any reason
whatsoever, I appoint Stephanie T. Bower as third,contingent Executrix of this Will. All references
herein to the "Executor" shall mean my originally appointed Executor or contingent Executrix, as
the case may be.
§4.2 I give my Executor the discretion and authority to name a person or persons,
including the Executor, to be the Trustee(s) of any trust which may be created under this will.
Article Five: Powers of Fiduciaries:
§5.1 No fiduciary under this Will shall be required to give bond or other security for
the faithful performance of the fiduciary's duties.
§5.2 Any such fiduciary shall have the following powers, in addition to those given
by law:
§5.2.1 To invest in,accept and retain any real or personal property, including
stock of a corporate fiduciary or its holding company, without restriction to legal
investments;
§5.2.2 To sell, exchange,partition or lease for any period of time any real or
personal property and to give options therefor for cash or credit, with or without
security;
§5.2.3 To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
§5.2.4 To hold shares of stock or other securities in nominee registration
form, including that of a clearing corporation or depository, or in book entry form or
unregistered or in such other form as will pass by delivery;
§5.2.5 To engage in litigation and compromise, arbitrate or abandon claims;
§5.2.6 To make distributions in cash, or in kind at current values, or partly
in each, allocating specific assets to particular distributes on a non-pro rata basis, and
far such purposes to make reasonable determinations of current values;
§5.2.7 To make elections, decisions, concessions and settlements in
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connection with all income, estate, inheritance, gift or other tax returns and the
payment of such t�es,without obligation to adjust the distributive share of income
or principal of any person affected thereby;
§5.2.8 To allocate,in the Executor's sole and absolute discretion,any portion
of my exemption under Section 2631(a)of the Internal Revenue Code to any property
as to which I am the transferor, including any property transferred by me during my
lifetime as to which I did not make an allocation prior to my death;
§5.29 To disclaim any interest I may have in any estate if the Executor deems
such disclaimer to be in the best interests of my estate and the beneficiaries thereof;
§5.2.10 To terminate any trust created herein, the principal of which is ar
becomes too small in the Trustee's discretion to make the establishment or
continuance of the trust advisable, and to make immediate distribution of the then
remaining trust property to the beneficiary then entitled to the income of the trust
property or, if there is more than one beneficiary,to the beneficiaries then entitled to
the income of the trust property in proportion to their respective interests therein
or, if such interests are not defined, in equal shares to such beneficiaries; provided,
however, no Trustee shall participate in any decision to terminate such trust if by
reason of such termination such trustee could receive a distribution of trust property
from such trust as aforesaid. The receipts and releases of the distributee(s) will
terminate absolutely the right of all persons who might otherwise have a future
interest in the trust,whether vested or contingent,without notice to them and without
the necessity of filing an account in any court; and
§5.2.11 To merge any trust created hereunder with any other trust or trusts
if the terms of any such trust are then substantially similar and held for the primary
benefit of the same person or persons.
Article Six: Provision for Taxes:
§6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with respect
to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid
by the Executor as follows:
§6.1.1 Death taxes due on the value of items of Tangible Personal Property
bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my
estate disposed of by Article Two of this Will.
§6.1.2 Death taxes, if any, due on the value of assets such as life insurance policies,
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my IRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before
distribution of the balance of the accounts is made to the beneficiaries named in the life insurance
policies, IRAs or Annuities.
§6.1.3 Any other death taxes due on all other assets shall be paid by the Executor out
of the principal of the residual portion of my estate disposed of by Article Two of this Will.
Article Seven: Provision for Debts and Expenses:
§7.1 I direct that any of my legally enforceable debts, any expenses of my last
illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from
the principal of the residual portion of my estate disposed of by Article Two of this Will.
Article Eight: Miscellaneous Provisions:
§8.1 As used in this Will,the term"Internal Revenue Code" shall mean the Internal
Revenue Code of 1986,as amended from time to time, or the corresponding provision of subsequent
law.
§8.2 Whenever the Fiduciary is to distribute property to or for the benefit of any
beneficiary who is under(a)eighteen years of age, or(b)a legal disability or otherwise suffers from
an illness or mental or physical disability that would make distribution directly to such beneficiary
inappropriate(as determined in the Fiduciary's sole discretion exercised in good faith),the Fiduciary
may distribute such property to the person who has custody of such beneficiary, may apply such
property for the benefit of such beneficiary, may distribute such property to a custodian for such
beneficiary, whether then serving or selected and appointed by the Fiduciary (including the
Fiduciary),under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act,
may distribute such property directly to such beneficiary's estate, or may distribute such property
directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply),
without liability on the part of the Fiduciary to see to the application of such property. This
provision shall not in any way operate to suspend such beneficiary's absolute ownership of such
property or to prevent the absolute vesting thereof in such beneficiary.
§8.3 Except as otherwise may be provided in this Will,until the property is distributed
to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary,
respectively, and the income thereof shall not be subject to or liable for any contracts, debts,
6
engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or
committed, but shall be absolutely free from the same, and such beneficiary shall have no power to
sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein,
respectively, or the income thereof, or to anticipate the income.
§8.4 If any beneficiary hereunder should die within thirty(30)days after me or within
thirty(30) days after any other person the survival of whom determines his rights hereunder, then
such beneficiary shall be deemed to have predeceased me or such other person for all purposes
hereunder.
IN WITNESS WHEREOF,I,MARGARET W. TERBUSH,have hereunto set my
hand and seal to this, my last Will, typewritten on eight (8) sheets of paper, including the self-
proving attestation clause and signatures of witnesses, this /� � day of ,� ��� ���'�f ,
2003.
� �!/� �� (SEAL)
M RGARET W. TERBUSH
Signed, sealed,published and declared by the above named MARGARET W. TERBUSH
as and for her last Will, in the presence of us and each of us,who, at her request and in her presence
and in the presence of each other,have hereunto subscribed our names as witnesses thereto the day
and year last above written.
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COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF CUMBERLAND :
We, MARGARET W. TERBUSH, the testatrix, and
f�►J'i�f C•� ,a S: }'f.�+.��r=o< <� , 'Tiqrrr,a- L . �T/�...o�o�a , and
.� � �� �� �v-� � -ri.a , the witnesses,whose names are signed to the attached
or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the testatrix signed and executed the instrument as her last Will; 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 his or her knowledge the testatrix was at that time eighteen(18)years of age or older, of
sound mind and under no constraint or undue influence.
a/'c.� , G�
MAR RET W. TERBUSH Witness
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Witness Witness
Subscribed, sworn to and acknowledged before me by MARGARET W.
TERBUSH, the testatrix, and subscribed and sworn to before me by
c�o f'�t�ra -� ��.v,�-v�,n � ��rrr i c� � , .S+r-�2.-..��'o✓Z� and
S ��_��f� S'r+ + �r��+ , the witnesses, this �-S �' day of
�U c- �� r• 2003.
,
Notary Public
My Commission expires: tvotar�ai seai
Laure E.Kane,Notary Public
SEAL Hampden Twp., Cumberland County
My Commission Expires Nov. 15,2003
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