HomeMy WebLinkAbout09-24-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Harry L. Goff, Jr.
File Number
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also known as
, Deceased
Social Security Number 195-] 6-3248
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix
last Wil1 of the Decedent dated April ]6,2001 and codicil(s) dated
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as ~~lIows, 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 kil1ing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(lj applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
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County, Pennsylvania with his / her last principal residence at
17011.
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland
3816 Carria!!e House Drive Camo Hi]l. Hamoden Townshio. PA
(List street address, townlcity, township, county, state, zip code)
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Decedent, then 82
years of age, died on August] 5, 2007
at 38]6 Carriage House Drive, Camp Hil1, PA 17011
Deced(~nt at death owned property with estimated values as fol1ows:
(If domiciled in P A) AI1 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
$ 200,DOO.OI
.
$
$
$200, ()()O I 00
situated as fol1ows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Elizabeth A. Stager, 140 Reeser Road, Camp Hill, PA 17011
Form RW-02 rev. fO.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEAL TH 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
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day of
Sworn to or affirmed and subscribed
Signature of Personal Representative
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Signature of Personal Representative
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File Number:
Estate of Harry L. Goff, Jr.
, Deceased
Social Security Number: 195-16-3248 Date of Death:August 15. 2007
AND NOW, 'v.h ~o 'f(')~ ~L\. ;aOb I ,in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Elizabeth A. Stager
in the above estate
and that the instrument(s) dated April16, 2001
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters .. ~3D,.Q9.0. . . $
Short Certificate(s) . . . S. . $
Renunciation(s) .... .1. . . .. $
I.J II I . .. $
Je P ... $
(\.tD ...$
... $
... $
... $
... $
... $
... $
TOTAL . . . . . . . . . . . . . . $
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Attorney Signature:
Attorney Name:
Supreme Court J.D. No.: 62469
Address:
127 South Market Street
p.o. Box 95
Mechanicsburg, PA 17055
Telephone:
717-766-1062
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Form RW-02 rev. 10.13.06
Page 2 of2
H105.805 REV (01107)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph-.t\
Certification Number
-----------.
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 ~ fmwMded to the State Vit.al
Re70~ jlff e permanent filing.
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Local Registrar V Date Issue!
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT
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HARRY L. GOFF, JR.
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I, HARRY L. GOFF, JR. of Camp Hill, Cumberland County, Pennsylvania, declare
this to be my Last Will and Testament hereby revoking all prior Wills and Codicils.
ITEM I. I direct that the expenses of my last illness and funeral be paid from my estate
as soon as practicable after my death.
ITEM n. All inheritance, estate, and succession taxes (including interest and penalties
thereon, but not including any generation skipping tax) payable by reason of my death shall
be paid out of and be charged generally against the principal of my residuary estate without
reimbursement from any person. This provision is not a waiver of any right which my
Executor has to claim reimbursement for any such taxes which become payable as the result of
any property over which I have the power of appointment.
ITEM m. I give, devise and bequeath in accordance with any memorandum which I
have either handwritten or signed, located with my Will or with my valuable papers and
found within 30 days of the probate of my Will. Gifts may only be to persons who survive
me or to organizations which exist at my death, and if there is a conflict, the memorandum
having the latest date shall govern.
ITEM IV. I give, devise, and bequeath all of the remainder of my estate of whatsoever
nature and wheresoever situate IN EQUAL SHARES to my children, ELIZABETH A.
STAGER, of Cumberland County, Pennsylvania, and DAVID P. GOFF, of Montgomery
County, Pennsylvania, Per Stirpes.
ITEM V. If a beneficiary under this Will, with the exception of ALEX C. STAGER,
has not attained the age of twenty-five (25) years, the share of the beneficiary shall be placed in
a separate Trust, for the benefit of that beneficiary.
ITEM VI. In the event that a Trust for minors, with the exception of ALEX C.
STAGER, is created by or as a result of any part of this Will, the terms and conditions of the
Trust shall be as follows:
A. To expend and apply so much of the net income and so much of the principal of
the trust as Trustee shall consider advisable for the support, care and education of the child
until the child attains the age of twenty-five (25) years.
B. Upon attaining the age of twenty-two (22), one-third (1/3) of the child's remaining
share shall be distributed outright to the child.
C. Upon attaining the age of twenty-five (25), the remaining principal and
accumulated income of the child's share shall be distributed outright to the child.
2
D. If a child shall die before receiving final distribution of his or her entire share, the
undistributed balance shall be distributed outright to his or her surviving issue, per stirpes,
and in default of any such issue then any remaining principal and accumulated interest shall be
added equally to the shares of the other beneficiaries of this my Last Will and Testament who
so survive me by thirty (30) calendar days.
E. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any
manner, nor shall any interest be subject to claims of his or her creditors or liable to
attachment, execution, or other processes of law.
ITEM VII. In order to carry out the purposes of the Trust established by this Will, the
Trustee, in addition to all other powers granted by this Will or by law, shall have the
following powers over the Trust estate, subject to any limitations specified elsewhere in this
Will:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any
beneficiary ,
3
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of
any such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by
my Executor; and to pay from my estate reasonable compensation for all their services,
(i) to conduct along with or with others, any business in which I am engaged in or
have an interest in at the time of my death, and
G) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
ITEM Vill. I hereby appoint my daughter, ELIZABETH A. STAGER, of
Cumberland County, Pennsylvania, as Trustee of the above Trust(s) for minors created in this
Will. In the event of the renunciation, death, resignation, or inability to act, for any reason
whatsoever of ELIZABETH A. STAGER, I nominate and appoint my son, DAVID P.
GOFF, of Montgomery County, Pennsylvania, as Successor Trustee of the above Trust(s) for
minors created in this Will.
ITEM IX. In the event ALEX C. STAGER inherits under this Will, his share shall be
placed in a separate Supplemental Needs Trust, for the benefit of ALEX C. STAGER, and
managed and administered according to the following Items.
4
ITEM X. Special Supplement Care Trust for ALEX C. STAGER, a disabled
individual. I hereby nominate and appoint ROBERT A. STAGER, as Trustee of the Special
Needs Trust under this my Last Will and Testament. If ROBERT A. STAGER is unable or
unwilling to serve, I appoint DAVID P. GOFF as successor Trustee. The share of my estate
that is set aside for ALEX C. STAGER shall be held by my trustee, ROBERT A. STAGER
or his successor, in trust for ALEX C. STAGER's benefit in a Special Supplemental Care
Trust in accordance with the following provisions:
A. INTENT
It is my intention by this trust to create a purely discretionary supplemental care fund
for the benefit of ALEX C. STAGER and not to displace financial assistance that may
otherwise be available to him. TIlustrative of the kinds of supplemental, non-support
disbursements that would be appropriate for my Trustee to make from this trust for ALEX
C. STAGER include: sophisticated medical or dental or diagnostic work or treatment for
which there are not funds otherwise available, including plastic surgery or other non-necessary
medical procedures; private rehabilitative training; dental care; recreation and transportation;
differentials in cost between housing and shelter for shared and private rooms in institutional
settings; supplemental nursing care and similar care that assistance programs may not
otherwise provide; telephone and television service, companions for travel, reading, driving
and cultural experiences and payments to bring her siblings or others for visitation in the
event my Trustee deems that appropriate and reasonable.
B. It is important that ALEX C. STAGER maintain a high level of human dignity
and that his care be humane. If this trust were to be eroded by creditors, subjected to liens or
5
encumbrances, or cause assistance benefits to be unavailable or terminated, it is likely that the
trust corpus would be deleted prior to his death, especially if the cost of care for him would be
high. In such event there would be no coverage for emergencies or supplementation to basic
needs. The trust provisions contained in this instrument should be interpreted by my Trustee
in light of these concerns and this intent.
C. My Trustee shall payor apply for the benefit of my grandson for his lifetime such
amounts from the principal or income, or both, of this trust up to the whole thereof, as the
Trustee, in the Trustee's sole and absolute discretion, may from time to time deem necessary
or advisable for the satisfaction of my grandson's special non-support needs, if any. Any
income not distributed shall be added annually to principle. As used in this instrument,
"special non-support needs" refers to the requisites for maintaining my grandson's good
health, safety and welfare when, in the discretion of the Trustee, such requisites are not being
provided by any public agency, office or department of the state where he lives or of the
United States, or are not otherwise being provided by other sources of income available to
him. Special non-support needs shall include but shall not be limited to the list of suggested
non-support items set out in this article.
D. In the event that he is unable to maintain and support herself independently, the
Trustee may, in the exercise of the Trustee's best judgment and fiduciary duty, seek support
and maintenance for him from all available public and private sources. The Trustee shall take
into consideration the applicable resources and limitations of any public assistance program
for which he is eligible. In carrying out the provisions of this trust, my Trustee shall be
6
mindful of the probable future needs of my grandson, but not of the trust remainder
beneficiaries.
E. No part of the corpus of the trust created by this article shall be used to supplant or
replace public assistance benefits of any county, state, federal or other governmental agency
that has a legal responsibility to serve persons with disabilities that are the same or similar to
those which ALEX C. STAGER may be experiencing. For purposes of determining my
grandson's public assistance eligibility, no part of the principle or undistributed income of the
trust shall be considered available to him. In the event that the Trustee is required to release
principle or income of the trust to or on behalf of ALEX C. STAGER to pay for benefits or
services which such public assistance is otherwise authorized to provide were it not for the
existence of this trust, or in the event the Trustee is requested to petition the court or any
other administrative agency for the release of trust principle or income for this purpose, the
Trustee is authorized to deny such request. My Trustee is authorized, in the Trustee's
discretion, to take whatever administrative or judicial steps may be necessary to continue the
public assistance program eligibility of ALEX C. STAGER, including obtaining instructions
from a court of competent jurisdiction ruling that the trust corpus is not available to the
beneficiary for such eligibility purposes. Further, my Trustee should cooperate with the
beneficiary's conservator, guardian, or legal representative to seek support and maintenance
for the beneficiary from all available resources, including but not limited to, the Supplemental
Social Security Income Program (55!); the Medicaid Program; and any additional, similar or
successor programs; and from any private support sources. Any expense of the Trustee,
including reasonable attorney fees, shall be a proper charge to the trust.
7
F. SPENDTHRIFT PROVISIONS
No interest in the principal or income of this trust shall be anticipated, assigned or
encumbered or shall be subject to any creditor or to any legal process prior to the actual
receipt by the beneficiary. Furthermore, because this trust is to be conserved and maintained
for the special non-support needs of ALEX C. STAGER throughout his life, no part of the
corpus hereof, neither principal nor undistributed income, shall be construed as part of ALEX
C. STAGER'S estate or be subject to the claims of voluntary or involuntary creditors for the
provision of care and services, including residential care by any public entity, office,
department, or agency of any state or the United States or any governmental agency. Under
no circumstances can the beneficiary compel a distribution.
G. TRUSTEE AUTHORITY TO TERMINATE TRUST
Notwithstanding anything to the contrary contained in this trust, in the event that the
trust has the effect of rendering ALEX C. STAGER ineligible for any program of public
benefit, the Trustee is authorized, but not required, to terminate this trust. In determining
whether the existence of the trust has the effect of rendering ALEX C. STAGER ineligible
for any program of public benefit, my Trustee is granted full and complete discretion to
initiate either administrative or judicial proceedings, or both, for the purpose of determining
eligibility. All costs relating thereto, including reasonable attorney fees, shall be a proper
charge to the trust.
In the event of voluntary termination, the undistributed balance of the trust shall be
distributed IN EQUAL SHARES to PATRICK R. STAGER and PAUL A. STAGER, Per
Stirpes.
8
H. VOLUNTARY CARE
It is my wish that subsequent to the termination of the trust for the benefit of ALEX
C. STAGER, if my contingent beneficiaries are living and distribution has been made
outright to them, if ALEX C. STAGER is still living because there has been a voluntary
termination of the trust in accordance with the provisions of this article, that such contingent
beneficiaries will conserve, manage and distribute the proceeds of the former trust for the
benefit of ALEX C. STAGER to insure that he receives sufficient funds for his basic living
and supplemental needs when public assistance benefits are unavailable or insufficient. This
request pertaining to the use and management of the trust proceeds after the termination of
the trust is not mandatory, but is an expression of my wishes only.
I. BENEFICIARIES OF TRUST RESIDUE UPON DEATH OF DISABLED
BENEFICIARY
Unless sooner terminated, the trust created for ALEX C. STAGER shall terminate
upon his death. At that time all remaining trust assets shall be distributed IN EQUAL
SHARES to his heirs, Per Stirpes; in the event he has no heirs, then all the remaining trust
assets shall be distributed IN EQUAL SHARES to PATRICK R. STAGER and PAUL A.
STAGER, Per Stirpes. Distribution to any beneficiary, other than ALEX C. STAGER, who
receives from this Trust shall be administered according to Items V, VI, VII and VIII of this
Last Will and Testament.
J. TRUSTEE'S POWERS
Subject to the requirement that my Trustee be prudent, my Trustee shall have full
power and authority to manage and control the trust estate and to sell, exchange, lease, rent,
9
assign, transfer and otherwise dispose of any or part thereof upon such terms and conditions
as my Trustee may, in my Trustee's discretion, deem proper. My Trustee may invest or
reinvest all or any part of the trust estate in such common or preferred stocks, bonds,
debentures, mortgages, deeds, deeds of trust, notes and other securities, investments of
property, including common trust funds, which my Trustee, in my Trustee's absolute
discretion, may select or determine. It is my express intention that the Trustee shall have full
power to invest and reinvest the trust funds as I might do if living, without being restricted to
forms of investments which trustees may be otherwise permitted by law to make, and without
any requirements as to diversification of investments. My Trustee may continue to hold in
the form in which received, any securities or any property which I might own at the time of
my death or which my Trustee may at any time acquire hereunder; and may invest any part
of the trust funds in property located within or outside of the State of Pennsylvania
My Trustee is further authorized to invest in life, annuity, accident, sickness, including
disability, and medical insurance on behalf of and for the benefit of the trust beneficiaries.
My Trustee shall not be obligated to undertake litigation for collection of any benefits
or assets payable by reason of my death including, but not limited to, such benefits under life
insurance policies, employee benefit plans or other contracts, plans or arrangements providing
for payment or transfer at death which are payable to my Trustee unless my Trustee is
indemnified to my Trustee's satisfaction against any liability and the expense of such
litigation. Payment to my Trustee and the receipt of or release by my Trustee shall fully
discharge any payor, and no payor need inquire into or take notice of my Will to see to the
application of such payment.
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My Trustee shall, in addition to the powers granted above, have all powers otherwise
granted under the Pennsylvania Fiduciaries' Powers Act as amended after the date of my Will
and after my death.
My Trustee shall specifically have the powers to invest in non-income producing assets.
K. UNSUPERVISED ADMINISTRATION
The trust created by this Will may be administered by my Trustee free from the
control of any court that may otherwise have jurisdiction over my estate.
ITEM XI. I nominate and appoint ELIZABETH A. STAGER and DAVID P.
GOFF as Co-Executors of my Will. I direct that my Co-Executors be permitted to serve
without bond and in addition to those powers granted by law, I grant them power to sell both
real and personal property, at private or public sale, to invest cash without being limited to
statutory investments, to distribute in cash or in kind in like or in unlike shares and to file any
qualified disclaimer I could have filed if living.
Dated A /J Y [ , J
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,2001
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In our presence, the above-named HARRY L. GOFF, JR. signed this and declared
this to be his Last Will and now at his request, in his presence, and in the presence of each
other, we sign as witnesses.
Name
Address
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RENUNCIATION
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REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of Harry L. Goff, Jr.
, Deceased
I,
David P. Goff
(Print Name)
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
Co-Executor
administer the Estate of the Decedent and respectfully request that Letters be issued to
Elizabeth A. Sta,ger, Executor
crt 1.-'1 \ 01
(Date)
I,,~fjrj ~~
1!iJ~ 1I//deh/JJe- Dy"
(Street Address) ,
Co~~~V11/e ff} 19tf2fa
(City, State, Zip) I
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciati?..9rfor the
purposes stated within on this ;<~61 day
of .s~PV) bcr- , c:JeX57 .
Ifnp,J C-
~m, tIn;.(,)~
N tal);; ublic
~: ~~iSSion Expires: It/tq/ ,latO
Deputy for Register of Wills
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
.,. .'. NOTARIAL SEAL
BEQ(y M. KNISElY, ~ PubIk:
=. Boro, tI.Imberland Co.
n, Expii'es Nov. 19, 2010
Form RW-06 rev. 10.13.06