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Home My WebLink About09-28-06 PETITION FOR PROBATE and GRANT OF LETTERS d / ,.:lCfJ& -- 0855 Register of Wills for the County of Cumberland in the Commonwealth of~sylvanig --I. r- c:::t'"' -- . 1-""1 '-- 0 ~u '-) =5: (/') r I i .~ The petition of the undersigned respectfully represents that: ED ~ p !:ci. ~c~ ~g r-zrn N n. rT1 Your petitioner is 18 years of age or older and the Executor named in the la~~f thc.flibov?~ ~ decedent, dated December 7,1999, and codicil(s) dated [none]. ;~8~ ~ -:"] =ri F)~ 0_. hl Decedent was domiciled at death in Cumberland County, Pennsylvania, wi1:h:iterlast farmy ot./) ~~? principal residence at 232 Pine Road, Mt. Holly Springs, South Middleton Townsliip. 0 ' Estate of also known as VIVIAN L. BERG No. To: Social Security No. Deceased. 168-01-6846 Decedent, then 90 years of age, died August 29, 2006, at Sandy Ridge Assisted Living, 326 Bowman Road, Candor, North Carolina, 27229. 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: $ 400,000.00 $ $ $ WHEREFORE, petitionerrespectfully requests the probate of the last will and codicil( s) presented herewith and the grant of letters testamentary thereon. /th'~~ R:"David Berg / 232 Pine Road Mt. Holly Springs, P A 17065 (717) 486-4347 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) The petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent, petitioner will well and truly administer the estate according to law. ~~~ Sworn to or affi~d subscribed bef~b ~. ~ :1. JA ~~ IJ !J-'/lf-~ J ~ No. 21,- 6&" 8Ss Estate of Vivian L. Berg, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, Spl.;) ~ cXiJ l.r ' in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated December 7, 1999, described therein be admitted to probate and filed of record as the last will of Vivian L. Berg and Letters Testamentary are hereby granted to R. David Berg. Will Book # Page FEES '\ ~ \ ~.~~ 's stter of ills WJ ~ '-.Y Ivo V. Otto III AITORNEY (sup. Ct. I.D. No.) MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PAl 70 13 (717) 243-3341 Probate, Letters, Etc. $ W 0 . cJ:) Short Certificates( ) $ J f.J, . cro ~eitltIDn Wit, $ \ 5 I 00 ~c.P $ 10.00 'FeT7\LAv...b $ 5.00 ~ 45(,,00 Filed F:IFILES\DATAFILEIEST ATES\12171.1.petition.1tr NORTH CARCllINA DEPARTMENT OF HEALTH. AND HUMAN SERVICES STATECENlER FOR HEALTH STATIST1CS- N. C. VITAl. RECORDS CERTIFICATE OF DEATH c:?/;d)OOep... 08.55 Reglltndlon r) 1\0 D1atrk:t No. {)(, D\ -v LOCIII No. DE (Flr8t IMtIt, la'O lao o.y. UN 1 DAY HelIn ..,... Ie. PA R1 ... STREET AND NUMBER 111I. PA INSIDE CITY LIMITS? (Y. or NcI 1341. 232 Pine Rd. RACE AmerIclIn lndiM. 1i. (Sp<<;ify only . Bleck, WhItI. Be. (Spec:I)t ~) a.._...~1dwy P(12) CaIJIge (13-17+) 11. White 1.. 15 . NAME . MIddle, Mtiden &m.me) Coc>>) DATE PA 17Ol5 11c. e.tlIllIIrI 0nIII1nd DedI ..IDIATE CAUaE (FlnII ~ or cancIIon ....ng In 4Mttl) ___elylatcancllonl b. If tnt. lIaclng tD IlnmadalI _. ErMr UNDIRLWIG CAu.(aaa-or~ 1laI.-cI_ c. '-'na In 4Mttl) LMT. e. ,.~ . alcohol. Of drug uae; die . lIIC. TIME OF DEATH 21L No 2111. 21c. No 22. 11:00 PM. NOTICE: srATE lJW RECIUlRES THAT ALL DEATHS DUE TO TRAuaM. ACCIDENT. HCMClOE, SUlClCE, OR UNDER SUSPICIOUS. UNUSI.JAI.., OR lHlATURAl. ClRCUMISTANCEB BE I'la"\.m .1:11 TO. N<<J CERTlFIED BY A MEDICAl EXAMINER ON A MEDlCAl EXAMtER'S CERTIFICATE OF DEATH. ANY DEATH FAlLING INTO THESE CATEOORIES 18 WITHIoI THE MEDlCAl EXAMINIRS.lURlStlICTION REGARDl.BlS OFllE lENGTH OF SURVIVAL FOlLONINO THE UNOERL YlNG INJURY. SIGNATURE AND TITLE OF CERTF 7/Yl ( Rd. W' NC 28405 (FtIame d --.y. cnrrIIby, or aIMr LOCATION City Of Town. SlID. Zip Code Mt 2Ic. PennHills PA 15235 NAME OF FUNERAL DIRECTOR LICENSE NUMBER DHHa 1172 (~ 2IllO Revtftt 2102) VITAL ItECOftDS .. William H. Kearns NAME OF EMBALMER f"'o,) = = 21c. FS 363 LICENSE NUMBER 2tcI. Sherrill L. B CERTIFIED A TRUE COpy' By: ()9, It~~~;~'AM ~e G. Norris . Register of Deeds Montgomery County NC S:O ~-o~o '-o';'J r: C m -' -:0 "7 (J??, '::J (") 0 r-) 0 ..,., - C 0:0 - ;....; :g (/) rr1 -0 N co 2IIL- 374 ~:-;) c:) (~~0 rn rT1 ::::.c::J CJ C) C'") -.~--.1 =R (':") m ~ ::x '2 cJ'1 o (.1/) / . . 'flvvo .. dl ' Of.o - o~ss LAST WILL AND TESTAMENT OF VIVIAN L. BERG I, Vivian L. Berg, of Delmont, Pennsylvania, revoke my former Wills and Codicils and declare this to be my Last Will and Testament. g (") Co C1'" s: ::0 ~ ~:E(") -0 .;J:2~~ N , :> _ ::0 co "7 cn:;:::::: OC)O :po. (JOIl :% I am married to Ralph Berg and all references in this Will to "my spouse" are refer~ to RaI@'1 &~ ~ ~ c:> ARTICLE I IDENTIFICATION OF FAMILY The names of my children are: R. David Berg Thomas W. Berg All references in this Will to "my children" are references to the above-named children. ARTICLE n PAYMENT OF DEBTS AND EXPENSES I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate. ARTICLE m DISPOSmON OF PROPERTY A. Residuary Estate. I direct that my residuary estate be distributed to my spouse, Ralph Berg. If my spouse does not survive me, my residuary estate shall be distributed to my child(ren) in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, my residuary estate shall be distributed to the following beneficiaries in the percentages as shown: 50.00% to my heirs-at-Iaw, their identities and respective shares to be determined under the laws of the State of Pennsylvania, then in effect, as if I had died intestate at the time fixed for distribution under this provision. 50.00% to my spouse's heirs-at-Iaw, their identities and respective shares to be determined under the laws of the State of Pennsylvania, then in effect, as if my spouse Initials:~_ .oJ.) """"--1 1~T1 i"Tl CJ G)L) g~ ?-3 n-i rTl :.-::J CJ r--i (-..... "',"1 =:1"1 -ro (:~5 [Tl r ....",tJ , ,., had died intestate at the time fixed for distribution under this provision. Percentages Total - 100.00% ARTICLE IV NOMINATION OF EXECUTOR I nominate R. David Berg, of Germantown, Maryland, as the Executor, without bond or security. ARTICLE V EXECUTOR POWERS My Executor, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone. My Executor shall have the right to administer my estate using "informal", "unsupervised", or "independent" probate or equivalent legislation designed to operate without unnecessary intervention by the probate court. ARTICLE VI MISCELLANEOUS PROVISIONS A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including "child" and "children", when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number. B. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person or organization shall be deemed to have survived me unless such person or entity is also surviving on the thirtieth day after the date of my death. C. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, b~ liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad faith. D. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Executor. -2- Initials: 1/11 _ .. c.. . fk IN WITNESS WHEREOF, I have subscribed my name below, this ~ day of Of LtA\b fS ~ 19~. ~ffi ~~X tg,~ Vivian L. Berg W e~ the undersigned, hereby certifY that the above instrument, which consists of pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by Vivian L. Berg (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above. Name: City: State: &~~~ (liJ~/ /lJ4~/"ulA- / () d ;::ifaDo,IrJ tt/ /9v G /{ eDJ..s.6c1I?" P A/56 0 I , Witness Signature: Witness Signature: ~ Name: City: State: -3- Initials: ;/8_ F:\FILES\DAT AFlLE\ESTATES\12171.1.oaI:h REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF NON-SUBSCRIBING WITNESS Estate of Vivian L. Berg, deceased Estate No. 21-06- 8'SS R. David Berg and Sandra Berg, each a subscriber hereto, each being duly qualified according to law, depose and say that they are familiar with the signature of Vivian L. Berg, testatrix of the Will presented herewith and that they believe the signature on the Will is in the handwriting of Vivian L. Berg, to the best oftheir knowledge and belief. ~~~ KDavid Berg /' 232 Pine Road Mt. Hol Springs, P A 17065 Sworn to or affirmed and subscribed befor this?j 'If../A- day of ,~~. S dra Berg 232 Pine Road Mt. Holly Springs, P A 17065 ('") Co ?::o 05-0,...." m~.. J fdzM=l ~u5~ CJ c') 0 C') 011 OC ~ ::0 :-0-1 );> eputy ,...., c:::> c:::> CT' (/) fT1 -0 N CD :::PD :x <;? c..n o '<:J -r 1 {To rrl C:::'') C;-)C) .- :J.:J <:;">, C:'1 ["1 rn ::0 (,::J C) C) -n l'l 1'1 ("5 :~~~ ~.~ f1.t