HomeMy WebLinkAbout01-29-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of JANET M HOFFMAN
also known as
File Number d \
Ol OOC\l
, Deceased
Social Security Number 195-16-3890
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is 1 are the CO-EXECUTORS
last Will of the Decedent dated 8/21/2006 and codicil(s) dated N/A
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: NI A
o B, Grant of Letters of Administration
(Jfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has 1 have ascertained that Decedent left no Will and was survived by the following'SJio~e (if any) :ilfid heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ; ~:S:-'
Name
Relationship
Residence . ..~~
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)
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in CUMBERLAND
824 Lisbum Road . Apt, ~ 5 Camp Hill P A 17011
(List street address, townlcity; township, county, state, zip code)
'1
Decedent, then 83 years of age, died on 1/1912007
~\I',.~'::l~!) Q..~"~~A\O\t'& ('.lA)t'~ ~A-
....0
County, Pennsylvania with his / her last principal residence at
~\>~" Y;.\\p(\ ~c-...~c.,~(f>'
at
~!::, ~.u:\- ~~~~ ) bl/\ ~__~
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) 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
$
$
$
$
149,000.00
0.00
0.00
0.00
situated as follows: N/A
Wherefore. Petitioner(s) respectfully request(s) the probate of the Jast Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
T ed or rinted name and residence
Lois Hoffman Hardman 716 Quaker Circle, Apt. 5, Lewisberry, PA 17339
ee Clair Hoffman, 1231 Ipswich Drive, Sherwood Park II, Wilmington DE 19808
Cheryl Karen Mitchell 35149 Silver Oak Drive, Leesburg, Florida 34788
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
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 belief of Petitioner(s) and that, as personal representati ve( s) of the Decedent, Petitioner( s) will well and truly
administer the estate according to law.
before me the
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day of
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Sworn to or affirmed and subscribed
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For the eglster
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S,gnature af P rsana! Representatzve
File Number:
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Estate of JANET M HOFFMAN
, Deceased
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Social Security Number: 195-16-3980
Date of Death: January 19,2007
AND NOW,
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, in consideration of the foregoing Petitf~n,i satisfactoJ:y proof
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having been presented be re me, IT I ECREED that Letters
are hereby granted to Lois Hoffman Hardman, Lee Clair Hoffman and Cheryl Karen Mitchell
in the above estate
and that the instrument( s) dated August 21, 2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES .../~., ~ ~
. ter af Wills
Letters ...............
$ ~ WaCO
t.rD cO
Attorney Signature:
Short Certificate(s) . . . . . . . . $
Renunciation(s) .......... $
W\ \ \ . . . $
~ Lt. .. . $
'^) ...$
.. . $
$
$
$
00:;1)1 Pd 1.2S.01 l..-. . . $
$
TOTAL . . . . . . . . . . . . . . $
l'S .CD
\0 .00
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Attorney Name:
David M. Watts, Jr.
Supreme Court J.D. No.: 42232
Address:
McNees Wallace & Nurick LLC
100 Pine Street
Harrisburg, P A 17 J 08
JO i)O
Telephone:
717-237-5344
-&.e6-
330,.01)
Farm RW-02 rev. 10.13.06
Page 2 of2
H JOSSOS REV 1105
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.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Fee for this certificate. $6.00
P 13240580
JAN2 2 2007
Date
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Quaker Circle, Apt. 5, Lewisberry, PA 17339
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(S.. instructions and examples on reverse)
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,
LAST WILL AND TESTAMENT
OF
JANET M. HOFFMAN
I, JANET M. HOFFMAN, of Cumberland County, Pennsylvania, make this Will, hereby
- )
revoking all my former Wills and Codicils.
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ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
, I
S 1.1 I may leave a writing disposing of some or all of my tangible personal propertY;
If I do so, and the writing can be incorporated by reference into this Will or otherwise be legally
binding, I direct that it be incorporated or followed and prevail over the disposition below in this
Article. If the writing is not legally binding, I request that my wishes be followed. This provision
shall apply whether the writing is executed before or after this Will.
S 1.2 I bequeath all my tangible personal property, including by way of illustration but
not by way of limitation, my household furniture and furnishings, paintings, books, automobiles,
jewelry and personal effects, exclusive of any such property used in a trade or business, to my
children living at my death, 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 my 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.
S 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.
9 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
administrative expense of my estate.
ARTICLE TWO
RESIDUE
9 2.1 I devise and bequeath all the residue of my estate as follows:
9 2.1.1 Twenty percent (20%) of the residue of my estate shall be
given to each of my children, who are Lois Hoffman Hardman, Lee Clair Hoffman
and Cheryl Karen Mitchell, per stirpes;
9 2.1.2 Four percent (4%) of the residue of my estate shall be given to
each of my grandchildren, who are Brian Christopher Weigle, Lt. Col. James
Clair Weigle, Kimberly Sue Bobb, Ashley Megan Irwin and Shawn Patrick
Williams, per stirpes;
9 2.1.3 The remainder of the residue of my estate shall be given in
equal shares to my great-grandchildren who are alive at the time of my death;
subject, however, to being held in accordance with the provisions of Article Three
hereof.
ARTICLE THREE
BEQUESTS TO GREAT-GRANDCHILDREN
9 3.1 In the case of the gifts to my great-grandchildren, such gifts shall be held in a
qualified tuition program account under Section 529 of the Internal Revenue Code or a
Coverdell education savings account, or similar type of tax-deferred account for higher
education expenses for each great-grandchild. Such accounts shall be administered by my
grandson, Lt. Col. James Clair Weigle, or, if he is unable or unwilling to do so, then by my
grandson, Shawn Patrick Williams.
-2-
ARTICLE FOUR
APPOINTMENT OF FIDUCIARIES
S 4.1 I appoint my children, Lois Hoffman Hardman, Lee Clair Hoffman and Cheryl
Karen Mitchell, as Executors of this Will. If any of them is unable or unwilling to act or continue
to act, for any reason whatsoever, no replacement shall be appointed and the others shall serve
alone as successor Executors.
S 4.2 I appoint such issue of mine who is the parent of any minor beneficiary
hereunder as Guardian of the estates of such minor beneficiary under this Will, including the
proceeds of any life insurance on my life payable to such minor and any other property, rights
or claims with respect to which I am entitled to appoint a guardian and have not otherwise
specifically done so. The Guardian shall have full authority to use such assets, both principal
and income, in any manner the Guardian shall deem advisable for the best interests of the
minor, including college and graduate education, and professional, vocational or technical
training, without securing a court order. If such issue is unable or unwilling to act or continue to
act, for any reason whatsoever, I appoint the then serving Executor as such Guardian.
ARTICLE FIVE
POWERS OF FIDUCIARIES
S 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.
9 5.2 Any such fiduciary shall have the following powers, in addition to those given by
law:
S 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;
-3-
9 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;
9 5.2.3 To borrow money from any person including any fiduciary
acting hereunder, and to mortgage or pledge any real or personal property;
9 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;
95.2.5 To engage in litigation and compromise, arbitrate or abandon
claims;
95.2.6 To make distributions in cash, or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro
rata basis, and for such purposes to make reasonable determinations of current
values;
95.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of
income or principal of any person affected thereby;
9 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;
9 5.2.9 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;
9 5.2.10 To terminate any trust created herein, the principal of which is
or 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
-4-
S 5.2.11 To merge any trust created hereunder with any other trust or
trusts created by me or my spouse under will or deed, if the terms of any such
trust are then substantially similar and held for the primary benefit of the same
person or persons, and if such merger shall not cause any adverse income,
estate or generation skipping transfer tax consequence.
ARTICLE SIX
PROVISION FOR TAXES
S 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, and any penalties thereon, shall be paid by the
Executor out of the principal of that portion of my estate disposed of by Article Two of this Will,
and all interest with respect to any such taxes shall be paid by the Executor out of the income
or principal or partly out of the income and partly out of the principal of such portion of my
estate, in the absolute discretion of the Executor. My Executor shall not make apportionment
among or seek reimbursement from the beneficiaries, recipients or owners of such property for
any such taxes, penalties or interest. Notwithstanding any provision of this Article to the
contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any
property included in my estate solely because of a power of appointment thereover which I
possess but have not exercised or any qualified terminable interest property.
ARTICLE SEVEN
PROVISION FOR DEBTS AND EXPENSES
S 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 that portion of my estate disposed of by Article Two of this Will.
-5-
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 If any person and I die under such circumstances that it is impossible to
determine which of us survived, it shall be conclusively presumed and this Will shall be
construed as if such person had predeceased me.
~ 8.3 Whenever a discretionary distribution of net income or principal is permitted
pursuant to any trust created by this Will, if such distribution may be made in whole or in part to
a person who is then a trustee of such trust, such person may not participate in any way in the
decision whether to make such distribution. No trustee who is under a legal obligation to
support a beneficiary of a trust created hereunder shall participate in the exercise of any
discretion granted to the trustees of that trust to distribute net income or principal in discharge
of that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement
with any other trustee for the purpose of indirectly exercising a power prohibited hereunder.
~ 8.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any
beneficiary who is under (a) twenty-one (21) 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 such 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
-6-
the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or
Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's
estate, 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.
S 8.5 Except as otherwise may be provided in this Will, during the continuance of any
of the trusts created under the provisions of this Will, and thereafter until the property is
distributed to and received by any beneficiary hereunder, the principal sums thus held in trust
for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any
contracts, debts, 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 thereot,' or to anticipate the
income.
S 8.6 A corporate fiduciary shall be entitled to receive compensation for its services
hereunder in accordance with its schedule in effect when the services are performed, but not in
excess of such compensation as would be approved by a court of competent jurisdiction. An
individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's
services hereunder.
S 8.7 Notwithstanding any other provision of this Will, upon the expiration of
twenty-one (21) years after the death of the last survivor of my issue living at my death, the
-7-
trusts created by this Will shall forthwith terminate and the trust property shall be distributed 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.
9 8.8 In order for my children, grandchildren and great-grandchildren to inherit
hereunder, they must be my issue, which shall include anyone legally adopted by any of my
issue and his or her their issue; any others not my legal issue, including stepchildren not
adopted by an issue of mine as of the date of my death, shall not be entitled to inherit
hereunder.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
day of
~1
~I ,2006.
~~~(SEAL)
ANET M. HOF MA /
Signed, sealed, published and declared by the above named JANET M. HOFFMAN, 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.
Residing at
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Residing at
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-8-
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF .J)AuPH-;,J
We, JANET M. HOFFMAN, the testatrix and j}w,fj M. uJlflI'S . 37< and
S EA,vN' I~ e. Pe...TT/G.t.tCbJ, 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.
D:SJ1\J~
TESTATRIX:
,ZJ~~~
~NET M. HOFFMAN
S:
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NOTARIAl SEAL
CAROl A KOPPENHAVER
Notary PublIc
CIlY OF HARRlS8URG. DAUPHIN COUNlV
My CammllllOn ExpIr8I Mar la. 2008 9-
(SEAL)
;Ii ly'ft"
McNees Wallace & Nurick LLC
attorneys at law
ELIZABETH D. LEWIS
PARALEGAL
DIRECT DIAL: (717) 237-5497
E-MAil ADDRESS:ElEWIS@MWN.COM
January 26, 2007
VIA CERTIFIED MAIL
Cumberland County Register of Wills
1 Courthouse Square
Carlisle, PA 17013
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,
RE: Estate of Janet M. Hoffman, deceased
000: January 19, 2007
SSN: 195-16-3980
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Dear Sir or Madam:
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Please find enclosed the following documents required to open the Probate for the
Estate of Janet M. Hoffman:
. Petition for Grant of Letters;
. Oath of Personal Representative;
. Estate Information Sheet
. Original Will; and
. Death Certificate.
The Petitioners, Lee Clair Hoffman, Lois Hoffman Hardman and Cheryl Karen
Mitchell were sworn in at the Dauphin County Register of Wills, on January 25, 2007. Also
enclosed is our firm's check in the amount of Three Hundred Thirty Dollars ($330.00), which
includes Forty Dollars ($40.00) for ten short certificates to be returned to me in the enclosed
envelope.
P.O. Box 1166.100 PINE STREET" HARRISBURG, PA 17108-1166. TEL: 717.232.8000. FAX: 717.237.5300 . WWW.MWN.COM
COLUMBUS, OH . STATE COLLEGE, PA. LANCASTER, PA. HAZlETON, PA. WASHINGTON, DC
Cumberland County Register of Wills
January 26, 2007
Page 2
If you have any questions, or require any additional information do not hesitate to
contact me.
Thank you.
Sincerely,
"~~,-1\~
Elizabeth D. Lewis
Estate Paralegal
c: Lee Hoffman (w/o ends.)
Lois Hardman (w/o ends.)
Cheryl Mitchell (w/o ends.)
ioc: David M. Watts (w/o ends.)