The URL can be used to link to this page

Home My WebLink About06-20-06 Estate of Barbara E. Brambley Also known as PETITION FOR PROBATE and GRANT OF LETTERS _D561 No. To: Register of ills for the County of Cumberland County in the Commonwealth of Pennsylvania , deceased Social Security No. 008-14-2042 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the executrix named in the last Will of the above decedent, dated March 16, 1993 and codicil(s) dated April 13, 1995 Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 4121 Mountain View Road, Hampden Township, Cumberland County, Mechanicsburg, PA 17050 Decedent, then 83 years of age, died June 13, 2006, at Harrisburg Hospital. 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: NO EXCEPTIONS Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania Situate as follows: 1/3 interest in 4121 Mountain View Rd $27.000.00 $ $ $43.000.00 (,,,) WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) pres~ted herewith and the grant of letters Testamentary thereon. M)~.J-UlArv~ / , Sherry S. Alita Surovlec 911 Silver Lake Road. Lewisberry. PA 17339 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Sworn to or affirmed and subscribed Before me thi~ttay of June 2006 (7 Jlt ~ ;J16.4J~, - bf'A.i : an>~ U,J;Ij - Reglste.7fa~6.~ (" _ (q~~ The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and beliefofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer t estate according to law. ~!lt~ Sherry S. Allia Suroviec T)]!'. is to certify that the information here given is correctly c(;pied from an original certificate of death duly filc'd \virh me as LlllJI Registrar. The Dliginal certificate wil] be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph,'~~ . No. ~;lifii,i7ii/;;", IIIII~/~~'H OF p'/;;-.. " ~.,-l":----- ("T""'''' I'~ / ~'n--:. I' ;:<::' V.J:"" l~~.~ ~~~\ (:~=~i_ \~% ... f -~ ~ <..), ,z",., ':b.' ~ \ Cj:1l ~, ", ~ \ *",,\ " ,..~ :.".. .>,~* ~ -~"" '.......-~ ~~~-~-_//~\\\/ . ..--."!I4fENT ~\ 't-';,,'" "'''/'///'011111100 I' .~--~ h:-e for thi-; certificate. S6.00 ;: P 12798724 ~ -/1;; -IlL_ Dale '-.,) 83 Ilb eo..., d Dufl COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH "10514.lRfV~ TYPE '_T .. PERlANEHT BLACK INK I. _ d Oooodoow (Fill. _.,. ....) Barbara s ,.,. lUll ilotldoy) .Dauphin 11 ~.USuaI Ki>d d_ lldvertis' . 1. o.c..t.lIotIoog_( Cllyl__....._) 4121 Mountain View Rd. Mechanicsburq, PA 17050 I' F___tFiII._.......1 Howard Estes 201. __ lTlPllPml) . . Sherry Suroviec 21~ _dOlot>oo*Jn tJ..... 0 ~ '""" sa. Do..., ~. ~ 2:2& ~oIF Harrisbur 12. w. 00c.t0nI_ " lit US. Armod ~7 Ov_ X]NIl ~~ ITa.sa. Pennsylvania 111l.eo..., Cumberland County 17C. 0 v...~lMdin 17d. 0 :"'~dlMd- T..... CIr '''' Ii. _'_IFirSt_.__l fa !!J 3 21b. o.dllilpoUion (IlonIl. diy, IN! . ~ ~ Z3a<: cny _ cdyw1g ::-..:.1:-II_d_., _24-21_be~by_ .--- Park Lawn Cemetery 2);. _1Od_dF...., Hetrick Funeral Home 3125 Walnut ST., Harrisburg, PA 23ll LanIo_ 17109 23c. 0.. Sopd 1-. dir. ,.., 2'. r... d Dufl {,,'5t1 25. w.c.o_ .,_E_ICotaw..... Re.on 0IItr.... ~0I~7 o v. ON. CAUSE Of" ou. Tt1 (_ _............ .... ............, ....27 PART t e-1It~.-. _.0I0Cl1llpic111rn- ....~_ 1It_ DONOT _-.y.... 01___ -.g 1It1llology. ....cny......"'Ndl r. _TECAIlIIIiIFNI_OI a /" _.-...g in dull) --.. l)c.. rl &t,/\ ( ~ y\(Q.,..,. Cua (Clf...~fih ~..._.lony.. .,......"'.... e- llIIllERLnIG CAlISE 1_01........._.... . -.-...g "-I LAST. .. , .. '" 28. OcIT_u..~IDDNIII7 .....ov.ol'lubol1l, -ONllO~ 29'~ o Nol".... -....,.. o ~1I....d_ o NIlI--, -1lN9'IllI- 42"'" d_ o NIlI--.IM,.....43..,.1D1,.. aI_ o~,___"_,,, l2c. -af-..rta..F...SlNll.Fagy. 0IIct IlwiIdog.IlC.I$IIodW ~..... 0lIII., Curt Plfttl: EnIIt,**~~~m&alh. lIol not -.g" lit ~ ...._in "-II. 1~6:(.""'" Oue.(Of..~oI) J~\ OueIO(Ot..~otJ \.... 1!l :s I OV. ~ o V. tsr' 31 ..... d llNtt \ ~o+ 0- 0 PorcIng ~ 32cI T....dlr.-, . o SIICidI 0 ClUIl NIlI be o.mn.s 32g. Loc-.dlr.-,I-'alyl_._l 300. w... AolIopI, ""*'-cI? 31:1I. _ AilIDIa' FiIlO1gI "_PnorIDCorrc>IoIian de- d 0IIlh1 II 33a. ~(-cny_l . CIIWyIIle PIlyolcjoA (""- ~ taM d_ _ __ pItyIIaI.. ~_..,........,..,. 231 . T..... _01 IllJ knlMIodgo.__ duO'" ........,.... _........ _ _ _.. _ _ _ _... __... _ _.~;'"'''' _ _ _ _ _ _.. _ __ . "'-ing.... ...,....-,-(PIl__-._IIId~ID....d~, ... T.... - 0I1llJ knlMIodgo. - _1111oo -. -................ duO II ... COUIO(o,........... -11II&'I. _ _ _ _ _ _ _ _ _ _.. _.. _.. .. _ .D ........ ~/c- 010 III _ 01_ ..../.. :J , ,- 0 (p 0 5?" J LAST WILL AND TESTAMENT OF BARBARA E. BRAMBLEY I, Barbara E. Brambley, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ,~ ': ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers shall be included in my Estate. ITEM III: It is my specific intent to divide my property equally, according to monetary value, between my children if they are living at the time of my death. Towards that end, I specifically give and bequeath the following items: (a) My real property located at 4121 Mountainview Road, Mechanicsburg, Cumberland County, Pennsylvania to my daughter, Sherry S. Allia, now or formally of 3814 Leyland Drive, Mechanicsburg, Pennsylvania 17055. Page 1 of 6 Pages (b) All of my stocks and bonds to my son, Richard W. Brambley, now or formerly of Highland Heights, Kentucky. (c) My cluster diamond ring to my granddaughter, Stefanie Allia, now or formerly of Mechanicsburg, Pennsylvania. (d) My two diamond setting ring with gold band to my granddaughter Danielle Allia, now or formerly of Mechanicsburg, Pennsylvania. (e) My three diamond setting ring with gold band to my granddaughter, Bonnie Brambley, now or formerly of Highland Heights, Kentucky. (f) All of my remaining jewelry, household furniture and furnishings, automobile, books, pictures, china, linen, silverware, wearing apparel, and all other like articles of household or personal use and adornment to my daughter Sherry S. Allia. In the event that either my son or my daughter fail to survive me, then both of those specific bequests shall fail and pass to my residual estate and be distributed as specified thereunder. In the event that any of the remaining specific beneficiaries fail to survive me, then that particular bequest shall pass to my residual estate and be distributed as specified thereunder. ITEM IV: I give, advise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed as follows: (a) In the event my son and daughter survive me and there is any residual estate, it shall be divided in as nearly equal portions as possible between them by my Executor. Page 2 of 6 Pages (b) In the event that either my son or daughter fail to survive me, then my real property and my stocks and bonds, as well as my entire residual estate, shall pass as follows: (1) Seventy-five percent (75%) of my entire residual estate to the surviving child of mine; and (2) Twenty-five percent (25%) of my entire residual estate to the then living issue of the deceased child of mine, per capita to be distributed by my Executor in as nearly equal shares as possible. (c) In the event that neither my son nor daughter survive me, then my real property and my stocks and bonds, as well as my entire residual estate, shall pass to my then living grandchildren, per capita, to be distributed to them by my Executor in as nearly equal shares as possible. ITEM V: In the settlement of my Estate, my Executor shall possess, among others, the following powers to be executed for the best interest of the beneficiaries: (a) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any Page 3 of 6 Pages and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Paragraph V (a) or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My xecutor shall pay expenses of my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed desirable by my Executor and to invest in such bonds, stocks, notes, money markets, real estate mortgages or other securities or in such other property, real or personal, as he shall deem wise, without being restricted to so-called "legal investments." (f) To mortgage real estate and to make leases of real estate. (g) To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. (h) To vote any shares of stock which form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the Page 4 of 6 Pages reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guardian of the person of any minor beneficiaries hereunder. (k) To elect such settlement options as deemed most appropriate by my Executor with respect to any pension, profit sharing or other retirement plan in which I am a participant. ( I) To do all other acts in judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VI: Any person who shall have died at the same time as Testatrix or in a common disaster with her, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased her. ITEM VII: If at any time, any minor child or disabled person shall be entitled to receive any assets hereunder, the parents or surviving parent or guardian of such minor child, shall act as Guardian of the assets payable to such person. Said Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner said Guardian shall deem advisable for the best interest of such person, including college, university, post-graduate or other education, without securing court order. Said Guardian shall have all the rights and privileges as to the Guardianship and the assets thereof as are herein granted to my Executor as to my Estate and the assets therein. Page 5 of 6 Pages ITEM VIII: I nominate, constitute and appoint my daughter, Sherry S. Allia, to be my Executrix (herein referred to as "Executor"). In the event of the death, resignation, refusal or inability of Sherry S. Allia to serve as my Executor, I nominate, constitute and appoint my son, Richard W. Brambley, to serve as Executor. In the further event of the death, refusal or inability of Richard W. Brambley to serve as my Executor, I nominate, consti tute and appoint my grandson, James J. Brambley, now or formerly of Atlanta, Georgia, to serve as Executor. My Executor and Guardian are specifically relieved from their duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this, the next three (3) pages and the preceding five (5) pages this ibt( day of March, 1993. ~\\ (""'f\ \\f\ ~~6J'C\ C_ \~~~~0\ Barbara E. Brambley .~ Page 6 of 6 Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA . . SS. : COUNTY OF DAUPHIN I, Barbara E. Brambley, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Willi and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Barbara E. Brambley, the Testatrix, this 16th day of March, 1993. . . NOTARIAL SEAL. JOHN Fl. BEii'JHAUR, NOt3:Y PUblic Lo~ver Paxton Twp., Dauphin Count Mv Com~7'J~.::U:.1~rch 13. 1 ~5 SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testatrix, Barbara E. Brambley, as and for her Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. /} lL')* .11"'-6.. ci--e~-Addres s I 7 (J S'-S--- ~ 4 .~ ) ---rj-J/'LLW Ltf\...A.-/~ Address ~O ;-7-/ /~ -aaJii!lJB- Address ~~:::PR~V- ~r;~~~o f/rlRJ215BUIZG. Pr1 /7//2- , AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . . SS. : COUNTY OF DAUPHIN : We , J..t 12-"'5. tl I"41( F.e "". 5 ~ t- M. 'U (' kL't., Pit fr , (: " 'C e a '5') ~ I , and Don'tJ.{ d P. f?o h-e,-v Is , the witnesses whose names are signed to the attached or foregoing instrument, 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; 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 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn. to or affiJ'ffied and subscribed to before me by Li 7:1.1'.'1 c ~~+ k.".,terll4D.t.:br, f'a+r"<:..-{a C c 5'~pl ,and "[::bI'lQld p. ~cbvrfS ,witnesses this 16th day of March, 1993. ty 1/-'11/1fLI --'] d1-_uC iv<..../ wfr-nes f~d:2~ Wit s f ~iV!(~ Not ry Public My Commissio xpires: (SEAL) NOTr\F~JAL SE~.L JOHN R. BEIi'JHAUFl. r\!ot.1:Y Public Lo:ver Paxton Twp., Dauprlin County M Comm:SSr,:;r1 E2'orres ivbrch 13, "1995 :2 r~ D ~' o)T} No. )) Estate of Barbara E. Brambley, Deceased DEGREE OF PROBATE AND GRANT OF LETTERS AND NOW, June..JJl-, 2006, in consideration ofthe petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated March 16, 1993 described therein be admitted to probate and filed of record as the last will of Barbara E. Brambley and Letters Testamentary are hereby granted to Sherry S. Allia Suroviec. ~~t~ dif/tc,J1~I]~ ~ Register of Wills .e:/1 c;I11:. J.... / 1'./7 FEES ... ~ Probate, Letters, Etc.. .. . .. .. . .. . $ / j f1U Short Certificates (5)............$ ;L 0 . Of) RCfitlfteiation. . . ~. UJ. . . . . . . . . . . $ I <;". () ,) (JLPrHJl) $ IS' f TOTAL - $ diU) 61) Filed. .. ... . G .l-. .aI6.lA... .. . . .. . . . . .. .. . . .. . . . :t,,) C) . .. CODICIL TO THE LAST WILL AND TESTAMENT OF BARBARA E. BRAMBLEY I, Barbara E. Brambley, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memC?~y, '-_..i do make, publish and declare this Codicil to my Last will and Testament. Item III and Item IV of my Last will and Testament dated March 16, 1993, are amended and restated in their entirety as follows: ITEM III: I specifically give, devise and bequeath the following: (a) My cluster diamond ring to my granddaughter Stefanie Allia, now or formerly of Mechanicsburg, Cumberland County, Pennsylvania. (b) My two (2) diamond setting ring with gold band to my granddaughter Danielle Allia, now or formerly of Mechanicsburg, Cumberland County, Pennsylvania. (c) My three (3) diamond setting ring with gold band to my granddaughter Bonnie Brambley, now or formerly of Highland Heights, Kentucky. (d) All of my remaining jewelry, household furniture and furnishings, automobiles, books, pictures, china, linen, silverware, wearing apparel, and all other like articles of household or personal use and adornment to my daughter Sherry S. Allia, now or formerly of 4121 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. In the event that any of the beneficiaries fail to survive me, than bequest shall pass to my residual distributed as specified thereunder. Page 1 of 2 Pages above specific that particular estate and be ITEM IV: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, as follows: ( a) In the event my daughter and my son, Richard W. Brambley, now or formerly of Highland Heights, Kentucky, both survive me and there is any residual estate, it shall be divided in as nearly equal portions as possible between them by my Executor in his or her sole discretion. (b) In the event that either my son or daughter fail to survive me, then my real property and my stocks and bonds, as well as my entire residual estate, shall pass as follows: (1) Seventy-five (75%) percent of my entire residual estate to the surviving child of mine; and (2 ) Twenty-five (25%) percent of my entire residual estate to the then living issue of the deceased child of mine, per capita to be distributed by my Executor in as nearly equal shares as possible. ( c) In the event that neither my son nor daughter survive me, then my real property and my stocks and bonds, as well as my entire residual estate, shall pass to my then living grandchildren, per capita, to be distributed to them by my Executor in as nearly equal shares as possible In all other respects not inconsistent with this Codicil, my Last will and Testament of March 16, 1993, is ratified and confirmed and shall continue and remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my last will and Testament, consisting of this page and the one (1) preceding page this ( ) f~ day of April, 1995. ~c..\' '-'-'"" ~' 3nc,-,,-,,^ _'xS..-"'1 Barbara E. Brambley \ Page 2 of 2 pages SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testatrix, Barbara E. Brambley, as and for a Codicil to her Will, in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. c' (]!Llk //6-11-/411/ Address 4j{)! /2.vH.er/Qrd JJcMI , I - ..L l~ / R L1 '+ " ~rr-":l()vtJ . r-l / I. /07 ll\CU{t.~i[qdJtk~ddress (/<: ~'~IL . \,0&4._ j\1 eChLtAAG~~)1.L~. ~ PA \ I [J;.~ / . /\ -~y?;/ i // /' 0 /' t:t:-- \ /L '->.----1 Address 3.70'1 'I "". ',,,, /t.,{ / I )-l rr,> ~\U~. III }) /ccf --- f t COMMONWEALTH OF PENNSYLVANIA SS. : COUNTY OF CUMBERLAND I, Barbara E. Brambley, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last will and Testament; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Barbara E. Brambley, the Testatrix, this /3~ day of April, 1995. n c"" n '.. \~~~Y)) ,'--c "'J~;'~v",-~ ~~\ Barbara E. Brambley, Testatrix ...----~....\ .~~" ,.~(..~~' N My Commission Expires: (SEAL) ,,/ r'__~_"'''U'''-_.''-'''''''---. -,-_.._-~ !\j' ~-, r" ~",' "-', l. :) f:: /j, :. SUSi~N i'it ..i/"J.~-:C~:J': ~-J r.j.,":~:;~~' ?ub\lc lower P?'xton Tvrp" Dauphin Gounty ._J~_(~~)rnnii:,s:C0. EX2~~~s -Ie:!" 26, 1995 COMMONWEALTH OF PENNSYLVANIA SS. : COUNTY OF CUMBERLAND We, John R. Beinhaur, Mark K. Emery and Margaret A. Fenstermacher, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix, sign and execute the instrument as a Codicil to 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 Codicil as a witness; and that to the best of our knowledge, the Testatrix was at that time 18 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 John R. Beinhaur, Mark K. Emery and Margaret A. Fenstermacher, witnesses, this V') u.... day of April, 1995. " \ ,../_6J i I SU3Ar ~ e':'-; Lower P':x' 'to/' F ,:",:" u n Vt'-l, r-' I' ... VI \... -2~Y,~!nmission E'x~ : uauPIl.Jn County / -------::,J2!!:~~:!,y.r'e 26, 1995 -...0...-",