Loading...
HomeMy WebLinkAbout12-13-05 IN RE: ESTATE OF CLAIRE ANN RETTBERG, Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-05-59 PETITION TO SHOW CAUSE WHY THE EXECUTOR SHOULD NOT BE REMOVED IN ACCORDANCE WITH 20 PA.C.S. 993182 AND 3183 TO THE HONORABLE, THE JUDGES OF SAID COURT: o :=-0 The Petition of Rose N. Warren respectfully represents, as follows: - n t._-~') ('J C_.:) {::....on (i' ~) 1. --.-, Petitioner Rose N. Warren is an adult individual who resides at 19 Mirie Run--;;- c.) N Road, Schwenksville, Pennsylvania 19473. 2. Claire Ann Rettberg dkd on January 8, 2005, leaving a Last Will and Testament dated October 23, 1997, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 3. Letters Testamentary were granted by the Register of Wills of Cumberland County, Pennsylvania, to Ralph M. Rettberg, one of the sons and one of the residuary heirs of the Decedent, on January 20,2005. 4. After the payment of her debts and authorizing distribution of any items of tangible personal property in accordance with any of her wishes expressed in writing, Decedent directed distribution of the residue of her Estate, in equal shares, to her five children, Richard S. Rettberg, your Petitioner, Rose Rettberg Warren, Patricia Rettberg McGough, Ivan Rettberg and Respondent Ralph M. Rettberg. 5. All of Decedent's residuary heirs have survived her. 6. In January of2005, the four residuary heirs other than Ralph M. Rettberg agreed that Ralph M. Rettberg could purchase Decedent's real estate from the Estate for $100,000 ifhe would, reasonably promptly, obtain the financing to do so. 7. On February 10,2005, Ralph M. Rettberg indicated that he was going to apply for a mortgage to purchase the real estate of Decedent from the Estate. 8. By April 15, 2005, Ralph M. Rettberg indicated that he had not yet applied for a loan to purchase the real estate of Decedent and that he thought that he would need six months of wage history in order to obtain a mortgage to purchase the real estate. 9. By June 24, 2005, Ralph M. Rettberg was advised that administration of the Estate had reached the point where there was nothing more that could be done until the issue of the real estate had been resolved. -2- 10. By June 24,2005, Ralph M. Rettberg was advised that, as Executor of the Estate, it was his duty to see to the liquidation of the Estate assets, including the real estate and distribution of the Estate in a reasonably timely manner. He was further advised that his brothers and sisters had a right to timely distribution of their shares of the Estate and that, until the value of the real estak could be determined, an inheritance tax return could not be filed. He was further advised that it would be months after the inheritance tax return would be filed before distribution of the Estate could be made and that his brothers and sisters could seek to have him penalized financially for any inordinate delays in completion of administration of the Estate. 11. By June 24, 2005, Ralph M. Rettberg was, again, asked when he would expect to apply for financing to purchase Decedent's real estate from the Estate. 12. When Ralph M. Rettberg did not respond by July 18, 2005, to the inquiry of June 24,2005, as to when he would expect to apply for financing to purchase Decedent's real estate from the Estate, a follow-up inquiry was made. 13. When Ralph M. Rettberg did not respond by August 25,2005, to the inquiry of June 24, 2005, and the follow-up inquiry of July 18, 2005, as to when he would expect to -3- apply for financing to purchase Decedent's real estate from the Estate, a second follow-up inquiry was made. 14. In the second follow-up inquiry of August 25, 2005, Ralph M. Rettberg was advised that the inheritance tax return in the Estate was due by October 8, 2005, and that the return could not be filed until a value of Decedent's real estate was established. He was further advised that the inability to file the inheritance tax return on time would result in interest on the tax which he would be required to pay from his personal funds where the delay in filing the return would be attributable to his indecision on the issue of the real estate. 15. When Ralph M. Rettberg did not respond by September 23,2005, to the inquiry of June 24, 2005, and the two follow-up inquiries of July 18, 2005, and August 25, 2005, as to when he would expect to apply for financing to purchase Decedent's real estate from the Estate, a third follow-up inquiry was made. 16. When Ralph M. Rettberg did not respond by November 21,2005, to the inquiry of June 24, 2005, and the three follow-up inquiries of July 18, 2005, August 25, 2005, and September 23,2005, Petitioner advised Ralph M. Rettberg that she, on behalf of herself and the other residuary heirs, gave Ralph M. Rettberg ten days to produce written -4- preapproval from a local responsible lender that he could borrow sufficient funds to enable him to purchase Decedent's real estate for the sum of$100,000. 17. On November 21,2005, Ralph M. Rettberg was further advised that, ifhe did not produce written approval from a local responsible lender that he could borrow sufficient funds to enable him to purchas.e Decedent's real estate, Richard S. Rettberg would renounce his right to be alternate Executor in favor of Petitioner and that Petitioner would seek to have him removed as Executor of the Estate. 18. Because Decedent's real estate constitutes the vast majority of the assets of the Estate, liquidation of the real estate is essential to completion of administration of the Estate and distribution of the balance of the Estate to the testamentary heirs. 19. The refusal of Ralph M. Rettberg to see to the liquidation of Decedent's real estate is prejudicial to Petitioner and the other residuary heirs in that it is preventing completion of administration of the Estate and distribution of the balance of the Estate to the residuary heirs. -5- 20. All of the other residuary heirs desire that Ralph M. Rettberg be removed as Executor of the Estate and that Letters of Administration, d.b.n.c.t.a., be issued to Petitioner. WHEREFORE, Petitioner requests that a citation be awarded, directed to Ralph M. Rettberg, to show cause why he should not be removed as Executor of the Last Will and A Testament ofClaireN:- Rettberg, Deceased, with substitution of Petitioner as Administratrix, d.b.n.c.t.a., upon the renunciation of the other residuary heirs. ,} "I to;~. .{). {,Uflb~ Rose N. Warren -6- I verifY that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: December 9,2005 /i . J I {'up IV. Rose N. Warren 'J '/(~ J WAYNE F. SHADE Attorney at Law 53 West PooUret Street Carlisle, Pennsylvania 17()13 LAST WILL AND TESTAMENT I, CLAIRE ANN RETTBERG, of the Borough of Carlisle, County of Cumberland, 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 anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. I authorize my personal representative or representatives hereinafter named to distribute, items of tangible personal property from my Estate in accordance with any of my wishes expressed in writing. Such tangible personal property shall be restricted to common personal possessions and shall not include cash, bank books, stock certificates, bonds or the like unless otherwise expressly stated in my said written wishes. In the event of any conflict between my said written wishes and this my Last Will and Testament, this shall control. In the event of any cash bequests in my said wishes expressed in writing, I hereby authorize my personal representative or EXHIBIT "A" J WAYNE F. SHADE Attorney at Law 53 Weat Pomfrct Street Carlisle, Peansylvania 1'1013 representatives hereinafter named to distribute the bequests to any minor legatees by making distribution directly to any parent or legal guardian of the minor legatee. In the event of my failure to leave a list, I order and direct that all of my said tangible personal property, other,than as specifically bequeathed herein, be liquidated and distributed as part of my residuary Estate. In the event of the failure of any of the legatees, designated in any of my said written wishes, to survive me, I order and direct that his or her bequests be liquidated and distributed as part of my residuary Estate. In the event of the failure of one of the legatees to survive me, nothing herein shall be interpreted to prevent my personal representative or representatives hereinafter named from selling any of the items which would have passed to that legatee to my other legatees at fair market value. In the event of a dispute as to any aspects of the list, I order and direct that any such disputed tangible personal property be liquidated and distributed as part of my residuary Estate. THIRD. I hereby order and direct that all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, be divided into five equal shares and distributed absolutely and in fee simple, as follows: (a) One such share unto my son, RICHARD S. RETTBERG, born January 1, 1941; (b) One such share unto my daughter, ROSE RETTBERG WARREN, born August 19, 1942; -2- . ' WAYNE F. SHADE Attorney at Law 53 Weal Pomfret Street Carlisle. Pennsylvmia 17013 (c) One such share unto my daughter, PATRICIA RETTBERG McGOUGH, born April 4, 1944; (d) One such share unto my son, IVAN RETTBERG, born August 19, 1946; and (e) One such share unto my son, RALPH M. RETTBERG, born August 28, 1948. FOURTH. For the purposes of this my Last will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. FIFTH. Should any of my said children predecease me, I hereby direct that the share of such deceased child shall pass unto his or her issue in equal shares by representation and not per capita and that if there be no such issue of a deceased child, such share shall lapse. SIXTH. In the event that any of the legatees under this my Last Will and Testament should be minors as defined herein at my date of death, I nominate, constitute and appoint FINANCIAL TRUST SERVICES COMPANY of Carlisle, Pennsylvania,_its successors or assigns, to serve without bond as the Trustee with respect to any property which shall pass, either under this my Last will and Testament or otherwise to such minor or minors as defined herein. The said Trustee is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, retain, invest and reinvest the corpus of said Trust in such securities and other property as shall be deemed prudent without being restricted to investments known as legal investments for -3- . ' J WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Car1isJe. Pennsylvania 17013 fiduciaries under the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guarantee maximum conservation of the Trust funds and the greatest production of income for the beneficiary. I hereby authorize the said Trustee to expend any monies from principal or interest for the beneficiary that in the sole discretion of the Trustee is deemed necessary for the care, health, education, maintenance and general welfare of the beneficiary; the word "education" shall be construed to mean a pre-college course, high school education, college education and post-graduate education. It is my intention that the foregoing powers may be exercised by the said Trustee without prior Court approval and without further responsibility to the beneficiary, the parents of the beneficiary or to any other person or persons taking care of the beneficiary. The age of majority for all purposes concerning this my Last Will and Testament shall be deemed to be the age of twenty-five (25) years. If the beneficiary of this Trust should fail to survive to ultimate distribution of the Trust herein, I order and direct that the remainder of this Trust be distributed as part of my residuary estate. SEVENTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or -4- J cj WAYNE F. SHADE Attorney at Law S3 West Pomfm Street Carlisle, Pennsylvania 17013 beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anytime whether with respect to present or future interests. EIGHTH. I order and direct that any liens against any personal property which passes to a designated person either under this my Last Will and Testament or otherwise shall be paid from the residue of my Estate prior to distribution as an expense of administration and that such specific bequests of personal property not pass subject to any liens thereon. NINTH. Any and all decisions, determinations or actions made or taken by a personal representative or Trustee hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. LASTLY. I nominate, constitute and appoint my son, RALPH M. RETTBERG, to be the Executor of this my Last will and Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my son, RICHARD S. RETTBERG, to be the Executor hereof, both to serve without bond. -5- . WAYNE F. SHADE Attorney III Law 53 West Pomfret Street Carlisle, PcnnsylvllDia 17013 IN WITNESS WHEREOF, I, CLAIRE ANN RETTBERG, have hereunto set my hand and seal to this my Last will and Testament which consists of seven (7) typewritten pages to each of which I have affixed my signature, this 23rd day of October , A.D. One Thousand Nine Hundred Ninety-Seven (1997). c2"'~'J a...-n~~ (SEAL) Claire Ann Ret rg The preceding instrument, consisting of this and six (6) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by CLAIRE ANN RETTBERG, the Testatrix therein named, as 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. t:t/~c~ ~.J~ Acknowledgment COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) I, CLAIRE ANN RETTBERG, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. -6- " WAYNE F. SHADE Attorney at Law S3 West pomfret Sttect Carlisle, Pennsylvania 17013 Sworn to or affirmed and acknowledged before me by CLAIRE ANN RETTBERG, this 23rd day of October , 1997. ~~~ Cla1re Ann Rettberg ~p~t~ Affidavit Notarial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County . !A~o ~~mmission Expires Oct. 5, 2000 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) We, Wayne F. Shade and Karen F. Byers , the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; 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 our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Wayne F. Shade and Karen F. Byers , witnesses, this 23rd day of October , 1997. tV~ /~ ~J~ ~PU~l;(~ 1'0 Notarial Seal Connie J. Tritt, Notary Public Carlisle. Cumberland County . Mv Commission Expires Oct. 5, 2000 -7-