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HomeMy WebLinkAbout08-30-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of JOSEPH D. BRENNER also known as Deceased. Social Security No. 182-12-0745 No. To: '1..\ -),~';)S - "\"'\ ~ Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioners are 18 years of age or older and the Executors named in the last will of the above decedent, dated January 22, 2003, and codicils [none]. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 1051 Trindle Road, Carlisle, North Middleton Township. Decedent, thenSS years of age, died August 17, 2005, at Hershey Medical Center, Hershey, P A. Except as follows, 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 incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: North Middleton Township $ 2W, 000 $ $ $ $ 30D.bOO WHEREFORE, petitioners respectfully request the probate of the last will and herewith and the grant ofletters Testamentary thereon. Katherine B. Menges 470 Old Mill Road rie,PA 16505-1033 (gill) 333- '855(.. J seph . Brenner, Jr. 306 Sadler Drive Carlisle, P A 17013 (717) 243-7658 OATH OF PERSONAL REPRESENTATIVE Q o , '"'-' ~"::::> ~ c.... ::"'" r:= cO} COMMONWEALTH OF PENNSYL VANIA ) : ss. ) TI C.j C) COUNTY OF CUMBERLAND /' -~, ;:--) .....1 _ -rl The petitioners above-named swear or affirm that the statements in the foregoingilJ6tition ~~.jJ true ," 'q and correct to the best of the knowledge and belief of petitioners and that as personal~plesenta~es of. ': ;:> the above decedent, petitioners will well and truly administer e estate according to law. a ' -r, Sworn to or affirmed and subscribed before me this :,.<:;)-'<\\ day of ~Q~ ,~~~S. ~ ~ ~"~,, ~~~ \ Register HI05.805 REV 1m' ":)." -~ S _ '\ '\ ~ 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. t.. ~ < < ~ ,. cO WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 \\III,.r~~\l"'Orpli~#.~~ l~ . ...~'. t~_. ~, i::s c - -~-- ~i 18~"",.. I.~l 't, ~, I ~ \~ . <-:'- - :) *1 ~~ ',' '-,- - ~\' '\.~ " ~l -- !?/'4ffNl ~\ ~\:.,.,., ""''''N,,,,,,IIIfII/J''' P 11851249 No. Hl05.143 Rev. 2187 LL.. ~. ~b.L~-t-u..\... L~ Local Registrar - AUG Z 2 2005 Date c, "" = (,.;.::.> ~1 ::n lOT' C> C) :::::.1 c") ['11 ':-.J C) -n --1'1 . ;~~ )~} '.-J tl ..~ r-= ~....l) C) C) CJ ~:--? N COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ST"TEFIl.EHIMIIER SOClALSECURITVNUUBER ,. 182 12 0745 DATE OF OEA.TH (Manlh. o.v. y....) .. August 17 I 2005 ,. ""oed""l tie In a d8cedent1Mtd (~nmhp.rland township? l1d.D ::;"-..1...01 MOTHER'$NAME(fIrsl.UlddI8.tpldenS.........,) 18. Pearl Hasti s INFORMANT'S MAILING ADDRESS (snet, CltyITowr>. St1It.., ZIp Code) 2CIb. 1 . P 3 PlACE OF DISPOSmON- Nllme of CIlmBlllry, CnIIM10ry LOCATION - CllyITown, Slale, Zip Code orOlherPllce """'m~ " PERMANeNT BlACK INK "" ,. 88 .. COUNTY OF DEATH BIRTHPlACE (Cllyand Slete orforelgn Counll'y) ffOSPlT.... , I-I!! 1. Mooresm~ll PA b. FACILITY NAME (I' not JnstIbJlIon. give slnlet and number) M.S. Hershey Medical Center ,.. , Dauphin ... Derry Twp. !1 , l < .. DECEDENrS USUAL OCCUPATION (GW"oolof__~ Pre.!1Illftt';t'ffl!i...." 11a. 11b. DECEDENT'S MAILING AODRESS (SInIeI, CitylTown. SlIIlft.lIp Code) 1051 Trind1e Rd. 1,~lislel PA 17013 FATHER'S NAt.lE (First. t.llddla. L.asl) 1.. C1 de E. Brenner INFO MANrS NAME ype/Prinl) ZOL Joseph Brenner I Jr. METHOO 01' OISPO$mON Bu..... DJer.n8llon Gemo", ""'" $\lite 0 Ott.-(SpecWy) SERVICE L1CEN 17b.Count. KIND OF BUSINESS IINDUSTRV M DECEDENT EVER IN U.S. ARMED FORCES? V..~ NoD u. DECEDENT'S .0""'- RESIDENCE (SeeI.......ctIona onotharskle) 1r..Slsle PA -0 :11.. SIGNA: . 27 2005 LICENSE NUMBEn 22b. 010343 L c:rfllll'knowladgs.""sllloccurred.tllletima.datelllndplllOesIllIAld --, 21e:. Westminster Cemete NAME AND ADDRESS OF FACILITY 2:lc:.219 N. Hanover St. I LICENSE NUMBER 21d. Carlisle Pa 17013 era orne Carlisle, PA 17013 DATE SIGN (MonIh.Day.V....r) ". ecrr.,.aIe ~onlywllencerifJing phySiclall~"ol......bIaalliinaofQasll\lo certllycaUMrAdaalh. 1lems2".26mllalbacco:n~bv parsonwtlopronllOll1celd..Ih.' DATE PRONOUNCED DEAD (Month, Day. Vut) M. 25. Au: IlS+ II .::1005 27.PARTI' _....d_..InJ._or<<HII~_..._............D."ol._r...._olctv'fIO._.._'.._..~......._or_'-I....... Uol"""..._on_..... J?eS?I'rC..-k DU~~(li:.Aco:r.~; (ORASACQHSECU .. .\<.J iuAJ- Can"""" , E > :X ~ $eQuentlll~llslcondlllonl hny.lHdlnlllDirMledillllt cause. EnlltrUNDElU.Y1NG CAUH(DlM_orlnJurY Ih.l_lad_ r-..1lIng",,"".Ih)LAlIT WAS All AUTOPSV WERE AUTOPSV FINDINGS PERFORMED? AV....l.ASLE PAlOR TO COMPLETION OF CAUSE OF O€ATH? PtlndinglnV<08llgelloo CouklnOlbedelefmined D\JETO(ORMAlXltlSEQUEtjCEOFr MANNEROf' DEATH Er' o o - Homicide DATEOFINJURV (_n.,..Y_) o o o -~, .... PLACEOFINJURV bullCll"ll..lo.(SjIodIy) .... Val 0 No '.0 "0 Suickle ~ w c w u w c . o ~ 28L 2"'. CERTlFIER(Chet*oolyona} l~~~,GJ~~~~~.::::g:'~::=(~:r,g~:.~~~.~~~.~~~.,:?~~.~.~~.~.. ... "P~~1':,G:~~~=~'l:;.~."::~,'::h=~':'~:;~...~=r".IlIt.d..... ....EDICAL EXAMINER/CORONER OntMbaalaoluwn!n.llon _orlrrvMlI~ Inmyoplnlon,d..... oc:c:umtd altM 11....._, _ pl_,...ddlollothol.......I.).nIl ..........._..................................................................................... ............................................ '" REGISTRAR'881GNATUREANDNUMB~ . C'" " ~~. ~tu..~~ bJ 1Irl.IIIOI Male -_0 ~o -0 ~JO RACE - American ....., 81&d1. While, ,-, ,. MARITAL STATUS - Maniacl. N....erMlln1ed.Wldowed, OMlroed(Spedly) SURVIVING SPOUSE (I_,,,,",,_n_) ". 11e.[]I:Ves.cleceder1IlMIdln North Middleton .., ,,-. "'" ""- WAS CASE REFERRED TO A MEDICAl. EXAMINER ICORON~ ./ 16. V... 0 No I!:r .~ PART', Qlwolgnificllnlcondllionloonlltxlti"lllUdMlh.buI :intervlllb&lwaen nOl.--j!j"llln\heunderly!ngaw""lIiY1lnInPARTI. :onselsnddealh (:.ol>D CA TlMEOF INJURV INJURV AT WORK? DESCRIBE HOW INJURY OCCURRED "" " Alhome.fann.slr8et,fadory.oI!Ice VelD NoD "". SIONATU<7T,:"- ..............031b. '. ~ L SE NUMBER DATE SIGNED (MonIh DIi)' YNr) 31e.MTlg 31d 8lnlaVt;.5 NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH (Itam21)TypeorPrlnl IYnT}\ ~""'Alt\ o M.S.HersheyMedica1Center Hershey.PA 17033 " DATE FILED (Monlh, [)ey.Va.,) ,. No. ":l'\-~':l - '\ '" ~ Estate of Joseph D. Brenner, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, ~~~~\~, I ..~~ s ,inconsiderationofthepetitionon the reverse side hereof, satisfactory proof having been presented before me, lT IS DECREED that the instrument dated January 22, 2003, described therein be admitted to probate and filed of record as the last wiII ofJosephD. Brenner and Letters Testamentary are hereby granted to Joseph D. Brenner, Jr., Margaret B. Bushey, and Katherine B. Menges. Probate, Letters, Etc. Short Certificates( S ) REfttlRsiatiQg \>>\\.\... ~ ~ "l .. ~'>..~ ..."'--,, TOTAL $ \.\ \<:;) $ ~<:::I $ ,\S $ \S $ u.",~ ,~"" ~~~~~~~ ~ Register of Wills 1 ~."-~\ ~"l" ~~ Ivo V. Otto III (27763) ATIORNEY (Sup. Ct. I.D. No.) MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Will Book # Page FEES Filed ~ - ~ " -~ 5 F:\FILES\DA T AFILE\EST A TES\4729.1.letters. tes -:t.\-'\:)o;.,\'1~ WILL OF JOSEPH D. BRENNER ~ Date of Execution: J4nu.tJ..r'j"':;>;;;>' ::<tJ03 Place of Execution: CCt.r II ~/.e. f}4 Prepared By: TONKON TORP LLP 1600 Pioneer Tower 888 S.W. Fifth Avenue Portland, Oregon 97204-2099 '--i , ,-,3 "";1 --~, ,-"-1 ',-, -'") r ') CJ ..-/ [',) rv ~n :"', (-j . ) .~'--1 J 'I '~-:J -~\ C) - 'rl - --u C) ;-r. ,';: ;~l -n WILL OF JOSEPH D. BRENNER I, JOSEPH D. BRENNER, am a resident of Pennsylvania. This is my Will. I. REVOCATION. I revoke all prior wills and codicils. 2. FAMILY. I am not married. My children are JOSEPH D. BRENNER, JR., MARGARET B. BUSHEY, KATHERINE B. MENGES and NANCY B. BLAKELY. 3. PERSONAL REPRESENTATIVES. JOSEPH D. BRENNER, JR., MARGARET B. BUSHEY, and KATHERINE B. MENGES shall be the co-Personal Representatives of my estate, and if one or two of them do(es) not act or continue to act, due to death, incapacity, or otherwise, the other(s) shall act alone. The Personal Representatives shall have the power to act without any bond or undertaking, and without any court intervention. 4. DEVISES. 4.1 Personal and Household Effects. I devise to my surviving children equally, to be divided as they may agree, all of my clothing, jewelry, personal effects and memorabilia, any interest I have in household goods, furniture and furnishings, books, silverware, china, art objects, any similar contents of my home, boats, recreational and sporting equipment, automobiles, and any unexpired insurance thereon. If they cannot agree, the division shall be made by the Personal Representatives. 4.2 Residue. I devise the residue of my estate to the Trustee (or successor Trustee) of the trust created by Declaration of Trust executed by me as Grantor on July 26, 1991, as amended and restated by Amendment and Restatement to Declaration of Trust executed by me as Page 1 - WILL OF JOSEPH D. BRENNER , . (7 , (\ n.'" Grantor on November 23, 1994, as further amended by Amendment to Amendment and Restatement to Declaration of Trust executed by me as Grantor on October 6, 1998, as further amended and restated by Second Restatement to Declaration of Trust executed by me as Grantor on ~ Utt':.) ..1.:l. ,:<003 , to be administered and disposed of in accordance with the terms, conditions and fiduciary powers of said trust, including any amendments thereto whether made before or after the execution of this Will. If for any reason such distribution of the residue of my estate is ineffective, then I devise the residue of my estate to MARGARET B. BUSHEY, JOSEPH D. BRENNER, JR. and KATHERINE B. MENGES, as co-Trustees, to be held in a testamentary trust in accordance with the terms, conditions and fiduciary powers of the trust described above, including any amendments thereto whether made before or after the execution of this Will, which provisions are hereby incorporated by reference. 5. POWERS OF FIDUCIARIES. Without limiting any other of its powers, the Personal Representative, in the Personal Representative's absolute discretion, shall have the power to: 5.1 Investments. Invest, reinvest and change investments in securities, including common or preferred stocks, general or limited partnerships, limited liability companies, or any other real or personal property, without restriction to statutory investments. 5.2 Dispositions. Sell, exchange, transfer, assign, grant options to buy, lease, including leases extending beyond the term of any trust, encumber or otherwise alienate any real or personal property without notice or prior court authorization in such manner, at such time and upon such terms as the Personal Representative selects. 5.3 Retention. Retain any property and continue and operate any business for such period as it considers appropriate, regardless of whether such property or business constitutes /f"" __ 'X-/S Page 2 - WILL OF JOSEPH D. BRENNER a large part or all of the estate. In addition, the Personal Representative may incorporate, form a partnership or joint venture or create any other business organization with any property, and may reorganize, merge, dissolve or liquidate any such organization whether or not it exists at my death. 5.4 Agents. Employ agents bookkeepers, accountants and attorneys, and delegate to them any of the Personal Representative's powers. 5.5 Payments. Payout of income and to the extent necessary or proper from principal all taxes, charges, commissions and other expenses. 5.6 Securities. A. Voting. Vote in person or by proxy at corporate or other meetings, participate in or consent to any voting trust, reorganization, dissolution, liquidation, merger or other action affecting any securities in the Personal Representative's possession; deposit securities with and transfer title to a protective or other committee under such terms as the Personal Representative deems advisable. B. Nominees. Hold securities and other property in negotiable form or in the name of a nominee with or without disclosure of the fiduciary relationship, but the Personal Representative shall be responsible for the acts of any nominee. 5.7 Repairs. Pay for the repairing, improving and rebuilding of any property. 5.8 Compromise. Compromise and adjust all debts or claims due or made or submit to arbitration any claim or matter in dispute. 5.9 Income and Principal. Determine in all cases what receipts are income and what are principal and what disbursements are chargeable to income and what to principal. However, if the Personal Representative holds any shares in a regulated investment company, all Page 3 - WILL OF JOSEPH D. BRENNER . C. / ;"/ / "~.-" regular dividends shall be income and all stock dividends, which are in the nature of liquidating dividends or stock split-ups, and all dividends designated by the issuer as capital gain dividends shall be principal. 5.1 0 Distribution to Minors or Incompetents. Pay principal or income, or deliver any property for any minor or incompetent beneficiary to: (i) the beneficiary; (ii) a relative of the beneficiary, to be expended on behalf of the beneficiary; (iii) the guardian of the beneficiary; (iv) the conservator of the estate of the beneficiary; or (v) any person or corporation furnishing maintenance, support or education to the beneficiary. The Personal Representative shall not be responsible for the application of the funds by any such person. 5.11 Tax Elections. Use administration expenses as deductions for inheritance and estate tax purposes or income tax purposes and use date of death values or alternate values for estate tax purposes and make any other election permitted under federal or state tax laws regardless of the effect thereof on any of the interests passing under or outside this Will and without adjustment of any such interests. 5.12 Distributions. Make distributions of income or principal, and satisfY any fractional devise, in whole or in part, in cash or specific property, or an undivided interest therein, at the market value at the date of distribution, as nearly as can be determined by them. The Personal Representative shall not be required to fractionalize assets in satisfYing any fractional devise, and the Personal Representative's judgment as to what is a just and proper division or apportionment among beneficiaries shall be binding and conclusive. 5.13 General Descriptions. Determine what property is covered by general descriptions contained in this Will. ri I ,-# /> IV-- Page 4 - WILL OF JOSEPH D. BRENNER ~ 5.14 Life Insurance. A. Discharge. Receive payment from any insurance company of the proceeds of any life insurance policy, and such payment shall be a full discharge of the insurance company on account of the policy and the insurance company shall not be responsible for the proper discharge ofthe estate. B. Litigation. Enter into or maintain any litigation to enforce payment of any policies, but not until the Personal Representative shall have been indemnified to its satisfaction against all expenses and liabilities to which it may in their judgment be subjected by such action. 5.15 Basis. Disregard the deferred income tax liability resulting from the distribution or apportionment of assets among beneficiaries. No person shall have any claim against the Personal Representatives by reason of the distribution to him or her or for his or her benefit of assets having a lower or higher income tax basis than the basis of assets distributed to or for the benefit of another. 5.16 Disclaimer. Disclaim or renounce all or any part of any property or interest in property given, devised or otherwise transferred to me or my estate, without liability to anyone on account of such act. 6. DEATH TAXES. All federal estate taxes, state inheritance taxes and any other death or transfer taxes, and any interest and penalties thereon, on account of property passing under this Will shall be apportioned and paid as provided in the trust referred to in subsection 4.2 of this Will. 7. MULTIPLE PERSONAL REPRESENTATIVES. When there are two or more Personal Representatives: (i) checks, drafts or the electronic transfer of funds may be signed or Page 5 - WILL OF JOSEPH D. BRENNER t'j~ authorized by any or all of them as they shall determine; (ii) all decisions shall be upon their majority concurrence; and (iii) any Personal Representative may, without liability, delegate to another Personal Representative in writing, by power of attorney or otherwise, the right solely to perform any duties or acts required to be performed in concurrence with the other Personal Representative. ~ EXECUTED AND DATED: JD..n'^-lJ..-7.;;>.:<,..:<06.3. ,,1/"---/ f I Jf-1/('/..1 'LA .( ~f ~., \.1br~ H ~:"BRE~R)vb' / v JOSEPH D. BRENNER signed, .published and declared this instrument, consisting of six typewritten pages, including this page, to be his Will in our presence. At his request and in his presence, and in the presence of each other, we subscribe our names as witnesses. ~3b /AI SOUTH Sf. /~~~&~ Residing at: 6' &/ t!/n/d~/e )~/ ~~)y;, M.P~ Residing at: C4RI-IS LE. PA j7tJ/3 -;1..92 (. C~...I;J k- P~17'C/5-~ 7")Z? . ,; . j."Jj Page 6 - WILL OF JOSEPH D. BRENNER AFFIDAVIT OF ATTESTING WITNESSES TO WILL STATE of-dVlYl~iY6..nl6-_J ) ss. COWlty ofo.omrnohw.uJ-#' ) 6ilL f1.(pT ff. dLLfR and ;fen- f H: 1?U;; / , being first duly sworn, testify as follows: 1. Tbe Will of JOSEPH D. BRENNER, to which this affidavit is attached, was signed by him on Ta.nU.A 7 ~.:?, ';;;003, in the presence of each of us. On that date, JOSEPH D. BRENNER declared that the instrument he signed was his last Will and requested us to sign our names to the Will as witnesses. In accordance with his request, each of us signed our name to the Will in the presence of JOSEPH D. BRENNER and in the presence of each other. 2. To the best of our knowledge and belief, at the time of executing his Will --- on Jc..>1 \JJ:J..') .;(':<'~vo.?JOSEPH D. BRENNER was over the age of21 years, was of sOWld and disposing mind and memory, and was not acting Wlder any restraint, Wldue influence, duress or fraudulent misrepresentation. ~m.~ /;?~%(~ hJ _ SUBSCRIBED AND SWORN to before me this.-+? day of J ~hUb.. 7' ~"o 3. ~$~ Notary Public for .-R Ii hi 0... My Commission Expires: /na..rc..h It q> 003 097204\OOOOl\488817VOOl , ~1 i';:, '- .~ ',-, ,,,,..I,H~h ':.';'~ -;:. ;'j(.,';,;.;, '~,jdL.;l .~ ';'\1 J..j;:'Lt ~jOF':j. CU,",t.:'f..HLA,,,,:) (C'. f"t- L....~) ,.::.(;Y'6,!,")'"ll./Ot .~p~nE$ MJ.HCh 'jd, 2tiV\.l ... .....~H>~~.........".._" ~,_"'.__~, ":0/