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HomeMy WebLinkAbout11-19-08r Commonwealth Pennsylv~~~ ~''~~ ~'~i:. i:~; Lancaster County ~W'`~~ - ~'~ ~'~--~- ss: I, Mary Ann Gerber, Lancaster County Regls~er'b~'W~II~, DL7'H~aF~~ certify that the foregoing is a true copy of the entire record of the Probate proceedings as the same now remains of record indexed to file number 2008-1882, in the Register's Office in and for the County of Lancast~I.~o-~~i~d. No revocation of said Letters appears on record. OF;PI~ ~ ~ ~" ~`~1JPT G('" `~'- ~ ~~~~ a ~~ , ~ Via, In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said office, at Lancaster, this 17th day of November, 2008. Register of Wills Commonwealth Pennsylvania Lancaster County ss: I, JAY J. HOBERG, Judge of the Orphans' Court Division of the Court of Common Pleas of the County of Lancaster DO HEREBY CERTIFY, that the above named Mary Ann Gerber by whom the annexed record, certificate and attestation was made and given, and who, in his-her proper handwriting, has thereunto subscribed his-her name and affixed his-her official seal, was at the time of so doing, and now is, Register for the Probate of Wills and granting Letters of Administration, in and for the County of Lancaster, in the State of Pennsylvania, duly commissioned and qualified, to all whose acts as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper officer. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said office, at L caster, this 17th day of November, 2008. Judge Commonwealth Pennsylvania ss: Lancaster County I, Mary Ann Gerber, Clerk of the Orphans' Court of the Court of Common Pleas of the County of Lancaster, do certify, that the Honorable JAY J. HOBERG, by whom the foregoing attestation was made, and who has thereunto subscribed his name was, at the time of making thereof, and still is, Judge of the Orphans' Court Division of the Court of Common Pleas of the County of Lancaster, duly commissioned and sworn, to all those acts, as such, full faith and credit, are ought to be given, as well in Court of Judicature as elsewhere. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said Court, at Lancaster, this 17th day of November, 2008 ~~ ~~~ Jerk of the Orphans' Court PR-25 Register of Wills Certificate of Grant of Letters SEAL File No. 36-2008-1882 ESTATE OF JAMES D. HALFORD also known as JAMES D. HALFORD JR. Social Security No. 251-28-3251 WHEREAS, on the 22nd day of September 2008 instrument(s) dated 09/08/2004 was (were) admitted to probate as the will of JAMES D. HALFORD late of East Lampeter Township who died on the 11th day of May, 2008 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, Mary Ann Gerber, Register of Wills in and for the County of Lancaster, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted LETTERS TESTAMENTARY to EDWARD JONES TRUST COMPANY who has duly qualified as EXECUTOR of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at Lancaster, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 22nd day of September, 2008. /%~a~~y ~~vn, ~.~~itr Register of Wills PR-31 ' Register of Wills of Lancaster County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of James D. Halford Also known as ,7AM~S D. HAI,)rpRD, JR. Estate No. ~~ ~(~„ ~~ Deceased Social Security No. 251-28-3251 Name of 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 and aver that Petitioner(s) is/are the executor/trix named in the Last Will of the Decedent ,dated 09/0$/2004 and codicil(s) dated Except as follows, Decedent did not marry,Swas not divorced andtd d ntit have a child bom or adopted afteroeKecution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: B. Grant of Letters of Administration (c.t.a., d.b.n.c.[.a., d.b.n.) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if anyj and heirs: Name tz atat~nncl~~n r°- rn ,~ ~; _._ t.sy c°a ~-* "~ 7r; C: =.t f rn .vaacn aaamonai meets rt necessary. ~-' `- ~' COMPLETE IN ALL CASES: -i'r~ --~ Decedent was domiciled at death in Lancaster County, Pennsylvania, with his/her last family or principal residence at: y ~_ 1939 Drexel Ave I Lancaster I Lancaster (Adch~ess) Decedent, then 80 years of age, died on 05/11/2008 (Date of Death) ~J ~-~. t. 4.~. 'T7 ~ j) ~__ .-`_ tr.. (City) (Township or Borough) at Hospice of Lancaster County (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PA) All personal property Value of real estate in Pennsylvania $ 500,000.00 $ 350,000.00 Total ~ 870,000.00 Real Estate situated as follows 1939 Drexel Ave, Lanc, PA 17602, 708 16th St., New Cumberland, PA 17070 Wherefore, Petitioner(s) respectfully request(sj 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: Civnaturr. - v ~ yNw .,~ r. iu~cu rvame ana r+aaress Jeffre Glo ower, Trust Officer For the Edward Jones Tntst Com an 1255 Manchester Road St. Louis, MO 63131 staXteof Mzssour~. Oath of Personal Representative ~ountY ot-~ r~ St~~ of the knoweledge~and beliefof Pet t oner("s)land thahaas personal represerrtatf e(s~mof~heeDe edenttP titiodnerOwill well and truly administer the estate according to law. Affirmed to and subscribed before me this ~~ day of god ~ .~~ For the Register ~ s~ ~ ~-- Fo Jones must Co. gnatt~e '~ `seal.' DECREE OF REGISTER Estate of James D. Halford Deceased Estate No. also known as JAMMj;S D. ~,~~~ JR. Social Security No. 251-28-3251 Date of Death 05/11/2008 AND NOW, Septernbex• 22, 2QQ8 ,inconsideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary ^ of Administration (c.t.a., d.b.n.c.t.a., d.b.n.) are hereby granted to ;rDWP;RD Jp~,~ 2'RUS'I' Cr~IPANY in the above estate and that the instrument(s), if an y, dated 09/08/2004 described in the Petition be admitted to probate and filed of record as the la 'll of Decedent. Fees L~~yr~ Letters $ ~ 70 ~ W7 Short Certificate(s) (9~ $ ys• (1U Register of Wills ~~Iti`1(C°py $ 3 ~ ~ Extra Pa es ( l ~ Attorney Shawn M. Pierson, Esquire g ( p ) $ c , Ga I.D. # 81560 Automation Fee $ 5.00 Address 105 East Oregon Road I.T.R. $ 5.00 Lititz, PA 17543 JCP Fee $ 10.00 Telephone (717) 560-4966 Inventory $ ] 0.00 Other ~ruM~SSIoN $ a 0. a9 Total $ ~ ~@. SO Date Filed: 9/22/08 ,AST V~LL AMID T~STA~ENT OF JAMES D. ~.A.LROR~J I, JAMES D. HALFC?RD, currently residing at 1939 Drexel Avenue, ~.ancaster, Lancaster County, Pennsylvania 17642, declare that this is my Will and !revoke all other Wills and Codicils which I have made. ARTICLE 1 FAMILY 1.111. IDENTIFICATIOiW OF MYFAMILY. Idecaare that l am unmarried and that l have one child, DAVID S. HALFORD. 1.02. DEFINITION OF I~AMILY TERMS. As used in this Will, the term "my child" or "my ch ildren" refers only to DAVID S. HALFORD. The term "my child" or "my children" excludes all other persons. For purposes of inheritance from me, the "children" of an individual shall be interpreted to include persons who have been legally adapted bythe individual butshall exclude stepchildren who have not been legally adopted, ARTICLE 2 PAYMENT OF DEBTS AHD TAXES 2.131. PAYMENT OF DEBTS. I direct my Executor to pay all of my debts that my Executor in my Executor's sole discretion may allow as claims against my estate. 2.Q2. PAYMENT OF TAXIES. I direct my Executor to pay out of the principal of my residuary estate all inheritance, transfer, estate, and similar taxes (including interest and penalties), assessed or payable by reason of my death, on any property or interest in property wl~ieh is included in my estate for the purpose of computing such taxes. My Executor shall not require any recipient of such property or interest in such property to reimburse my estate for taxes paid under this paragraph. ARTICLE 3 DISTRIBUTION OF ESTATE TO BENEFICIARIES 3.p1. DISPClSIT10N 4F PERSONAL EFFECTS. I may leave a separate memorandum, addressed to my Executor, which gives directions to my Executor as to the disposition of cer#ain items of my personal effects. I desire that my Executor distribute those certain items of my personal effects in canformiry with that separate memorandum. That separate memorandum shall not have the effect of modifying or revoking thus Will, All of my personal effects which are not specified in the separate memorandum, and in the event that I do not leave such a separate memorandum, all of my personal effects, including, without limitation, pictures, clothing, jewelry, articles of househoid or personal use cr adornment, household furnishings and effects, but excluding any money, evidences of indebtedness, motor vehicles, and securities 1 give to my son, DAVID S. HALFORt), In the event that my son, DAVID S. WALL=QRD, fails to survive me, I give all of my personal effects to my grandchildren, ELIZABETH M. HALFaftD, and AMANDAR. HALFORD, to bedivided among them in substantiallyequal shares as they shall agree. If no such agreement is r~:ached within ninety (94) days after my death, then such personal effects shall be divided or sold in such manner as my Executor shall direct. The decision of my Executor in this regard shall be conclusive and binding on all persons interested in my estate, lVly Executor is authorized to represent minorbeneficiaries inregard toany division of my personal effects in accordance with this paragraph, 3.02. bISPGSITION DiF RESIDUARY ESTATE . I give all of the rest, residue, and remainder of the property that I awn at the time of my death, both real and personal, of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), as follows; a. One-third i'Il3rd) thereof to my son, DAVID S. HALFORD. In the event that my son, DAV1D S. WALFORU, fails to survive me, I direct that this portion of my estate shall be paid as an addition to the shares of the other beneficiaries of my residuary estate in proportion to their interests in my residuary estate. b. One-third (7l3rd) thereofto mygranddaughter, ELIZABETH M. HALFORd, In the event that mygranddaughter, ELIZABETH M. HALFORD, fails to survive me, I give this portifln of my estate to mygranddaughter, AMANDA R. HALFORD. c. One-#hird (1/3rd) thereof to mygranddaughter, AMANDA R. HALL=ORD. In the event that mygranddaughter, AMANDA R. HALFURfi~, falls to survive me, !give this portion of my estate to mygranddaughter, ELIZABETH M. HALFORD. 3.03. TRUST 1=C}R BENEFICIARIES WHO ARE UNDER TWE AGE QF TF~IRTY (3Q}. Anyshare of my estate which would otherwise pass to any beneficiary who is under the age of thirty (30} years of age, shalt be held, by my Trustee, hereinafter named, lh4 TRUST, in accordance with the trust terms hereinafter set Earth. "the Trustee shag hold the trust assets in separate shares for each of my beneficiaries who are under the age of thirty (30}years and administer and distribute each said share as follows; a. Until the beneficiary attains the age of thirty (3d} years, the Trustee shall pay to or apply far the beneficiary's benefit in quarterly or other convenient installments so much of the net income and, if the net income is insufficient, so much of the principal, up to whole thereof, of the beneficiary's share of the trust estate as the Trustee in the Trustee's sole discretion deems advisable for the beneficiary's proper care, support, maintenance, and education. The Trustee shall accumulate and add to the principal of the beneficiary's share of the trust estate the undistributed portion of any net income of the share at the end of the year. b. When such benefciary attains the age of twenty-five (25} years, the Trustee shall distribute to such beneficiary one-half (:~) of the then balance of the principal of his or her share of the trust estate. When such beneficiary attains the age of thirty (30) years, the Trustee shall distribute to such beneficiary all of the balanoe of his or her share of the trust estate. a c. If the bane#Iciary should die prior tv attaining the age of thirty {30) years, then on the death of such beneficiary the Trustee shag distribute all of the undistributed balance of the beneficiary's share of the trust estate in accordance with the beneficiary's Will if the beneficiary dies testate or to the heirs-at-law of the beneficiary if the beneficiary dies intestate, ARTICLE 4 FIDUCIARIES 4.U1. E7(ECUTQR. 1 appointthe EDWARD JONES TRUST CflIUIPANY, which currentiy has an office located at 1255 Manchester, Saint Louis, Missouri 63131, and its corporate successors and assigns, to be Executor of my estate, In the event that the EDWARQ JONES TRUST COMPANY, is unable or unwilling to act or continue as Executor, for any reason whatsoever, then I appoint the STERLING FINANCIAL CORPORATION, which currently has an office located at 101 North Pointe Boulevard, Lancaster, Pennsylvania 17801, and its corporate successors and assigns, to be Executor of my estate, 4.02. TRUSTEE. 1 appoint the EDWARD JONES TRUST COMPANY, and its corporate successors and assigns, as Trustee of any trust created pursuant to this Will_ In the event that the EDWARD JONEES TRUST COMPANY, is unable or unwilling to act or continue as Trustee, for any reason whatsoever, then 1 appoint the STERLING FINANCIAL CORP{~RATION, and its corporate successors and assigns, as Trustee of any trust created pursuant to this WIII, 4.43. GUARDIAN OF THE ESTATES OF MINURS, i appoint the EDWARD JONES TRUST COMPANY, and its corporate successors and assigns to be Guardian of the Estate far any minor beneficiaries of my estate. In the event that the EDWARD JONES TRUST COMPANY, is unable or unwilling to actor continue as such, far any reason whatsoever, I appoint the STERLING RNANCIAL. CORPORATION, and its corporate successors and assigns, as Guardian of the Estate for any minor beneficiaries of my estate. Appointment as a Guardian of the Estate of a minor under this Wili shall include guardianship of the proceeds of any life insurance on my life, retirement plans or Individual Retirement Accounts, payable to such minors and any other property, rights, or claims which passes to a minor, either under this Will or otfi~erwise, with respect to which L am authorized tv appoint a Guardian and have not othe-wise specifically done so. The Guardian shall have the power to use principal as well as income from time to time for tt~e minor's support and education {including college education, both graduate and undergraduate) without regard to his yr her parent's ability to provide for such support and education, or to moire payment for these purposes, without further responsibility, to the minor ar to the minor's parents ar to any person taking care of the minor. 4.U~4. WAIVER flF BOND, !None afthe Executors, Guardians, or other Fiduciaries named irr this Will shall be required to furnish bond far the faithful performance of his or her duties, ARTICLE 5 POWERS OF FIDUCIARIES AND MISGEI.L.ANEOUS F'R4VISION5 5.01. POWERS OF FIDUCIARIES, My Executors, Guardians and their successors (herea#ter st~metimes referred to in the singular as the "Fiduciary"}, shall have the fallowing powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, whether 3 principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: a. To retain and continue to hold any or ai! of the assets of my estate, real or personal, including any shares of stack or other securities I may awn without restrictions to investments authorized for Fiduciaries, as they deem proper, without regard to any principle of diversification or risk. b. To invest in all forms of real and personal property {including, without limitation, stocks, bonds, and mutual funds), without restriction to investments ar~thorized for Fiduciaries, as the Fiduciary shall deem proper, without regard to any principle of diversification or risk. c, To seal at public or private sale, to exchange, or to lease for any period of time, any real or personal property with such prices and upon such terms or conditions as the Fiduciary deems proper, d. To allocate receipts and expenses to principal or income or partly to each as the Fiduciary #rom time to time thinks proper. e. To borrow from, or to sell to, any of my Fiduciaries even though the Fiduciary is a Trustee, Executor, or Guardian. f, To continue and operate, to sell or to liquidate, as the Fiduciary deems advisable, at the risk of the estate, any business or partnership interests received by my estate or any trust ar guardianship estate. g. Qn any division of are estate into separate shares or trusts, to apportion and allocate the assets of the estate in cash or in kind, or partly in cash and partly in kind, ar in undivided interests in the manner deemed advisable in the discretion of the Fiduciary; after any division flf the estate, the Fiduciary may make joint investments with funds from some or all of the several other shares or trusts, but the Fiduciary shall keep separate accounts for each share or trust. Ta abandon any asset or interest therein in the discretion of the Fiduciary, i. To manage, control, improve, and repair real and personal property belonging to any estate- j. To employ attorneys, investment advisers, accountants, brokers, taX specialists, anti any otheragents deemed appropriate in the discretion of the Fiduciary, including persons associated with or employed by any Fiduciary, and to pay from the estate such compensation as the Fiduciary deems reasonable for all services performed by any of them. k, To procure and carry at the expense of the estate or trust insurance of the kinds, forms, and amounts deemed advisable by the Fiduciary against any hazard. 4 I. To compromise, submit to arbitration, release with or without car~sideration, or otherwise adjust claims in favor of or against any estate; to commence or defend litigation affecting the estate or any property thereat as deemed advisabie by the Fiduciary. m. To pay all taxes, assessments, compensation of the Fiduciary, and all other expenses incurred in the collection, care, administration, and protection of the estate. i5.02. MISCELLANEOUS PRflVlSIONS. a. As long as any income or principal to which any beneficiary under my Wiil may be entitled remains in the possession of the Fiduciary and is not actually distributed to the beneficiary, such income or principal shall not be subject to anticipation or alienation by the beneficiary, by assignment, or by any other means (except as specifically authorized herein), and it shall be free and clear of the beneficiary's debts and obiigations and shall not be taken, seized, or attached by any process whatsoever. b. No person dealing with the Fiduciary shall be bound to see to the application of any purchase money or other consideration or to inquire into the validity, necessity, or propriety of any transaction to which the Fiduciary may be a party. c. INy Executor shall have the power, without court approval, to disclaim, in whole or in part, any interest in property or right or power in which my estate may have any interest, and to execute al! documents which may be appropriate to any such disclaimer. d. If a Fiduciary is at any time required to make payments of principal or income to ar for the benefit of any beneficiary who is a minor, or is an incompetent or incapacitated person, or is a person wham the Fiduciary in his ar her sole discretion deems urtiable to handle funds properly or wisely if paid directly to the beneficiary, the Fiduciary in his or her sole discretion and without court approval may make payments in any one or more of the following ways: (1) Directly to the beneficiary; (2) To the natural Guardian orlegaUyappainted Guardian of the Person or Estate of the beneficiary; (3) sy making expenditures directly for the care, support, maintenance, or education of the beneficiary; (4) To any person or organization furnishing care, support, maintenance, or education for the beneficiary; (b) Ta any custodial parent of a minor beneficiary; t8} Directly to creditors in payment of the debts and expenses of the beneficiary; 5 {7}_ To a Custodian for the beneficiary under any law related to gifts or #ransfers to minors, including to the Fiduciary in that capacity; (8} To an Agent authorized to act for the beneficiary pursuant to a Power of Attorney, The Fiduciary shall not be required to see to the apRlicatian of arty funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance. The decision of the Fid+~ciary with regard to the selection of which of the aforementioned rnethads should be used in making payments shall be conclusive and binding on al! parties concerned. IN WITNESS V1IHEREOF, i have hereunto set my hand and seal this 8'" day of September ~ao~. ,d~}fiAES D. HALFORD f Signed, sealed, published, and declared by the above-named, JAMES D. HALFORO {the "Testator"}, as and for the Testator's Last 1Nifl in the presence of us and each of us, who, at tl~e Testator's request and in the Testator's presence and in the presence of each ether, have hereunto subscribed our names as witnesses thereto the day and year fast above written, residing at 105 East aregon Road ~• residing at Lititz, PA t ~5~t3 38(?8 Laurel Drive Columbia. PA 1752 8 CaMM4NWEALTFi 01- PENNSYLVANIA . SS CQUNTY flF LANCASTER 1, JAMES p. HALFORD, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that ! signtad and executed the instrument as my Last Will; 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 JAMES A. HALFDRD, the Testator, this 8'" day of September, 2004. } S C}. HALFOR ~ o1u~ ~ .v Notary P blic Notsrinl5eal ,dune F. Stressle, Notnry Putit;c City 4f Lancastcr, Lancaster Coun!}}• My Commission P:xp9res reb, 4, z0A8 Stamp and Seal of Notary Public COMNIQNWEALTH 01= P1=NNSY~.VANIA CdUNTY OF LANCASTER SS We, SHAWN M. PIERSaN and AMY C. RICHARDS, the wi#nesses 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 Testa#ar sign and execute the instrument as the Testator's Last Wi11; that the Testator signed willingly and executed it as the Testator's free and voluntary act far the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge the Testator was at that time t 8 ar rnore years of age, of sotand mind and under no constraint or undue influence. Sworn to ar affirmed and subscribed to before me by BHAWII~M„p1ERSON aid AMY C. RIChIARDS, witnesses, this 8t" day of September, 200, ~ ~~~ ~ M. C. ., N tart' P+~blic ivoY4tia15eal InncF Strksslc,tVatr~ryPublic City oi' L•ancastcr, ~,anCAS1Cr Ccfunl}~ ',~4 ~'nmmission 1xpirts Feb. 4, 2098 Stamp and Seal of Notary Public 7 HARTMAN UNDERHILL ~ BRUBAKER LLP ATTORNEYS AT LAW ANDREW F. LUCARELLI WILLIAM C. McCARTY ALEXANDER HENDERSON, III ROBERT M. FRANKHOUSER, JR. THOMAS W. BERGEN MICHAEL W. BABIC MARK STANLEY MARK E. LOVETT KEVIN M. FRENCH JOSHUA D. COHEN KIM R. SMITH STACEY L. MORGAN RORY O. CONNAUGHTON JEFFREY C. GOSS JOHN A. MATEYAK THEODORE L. BRUBAKER ROBERT W. PONTZ BRETT D. JACKSON JEFFREY P. OUELLET WILLIAM J. ZEE, III JOHN J. HERMAN DANA C. PANAGOPOULOS 22i EAST CHESTNUT STREET LANCASTER, PENNSYLVANIA 17602-2782 COUNE~EL CHRISTOPHER S. UNDERHILL MARK L. JAMES JOHN I. HARTMAN, JR. (1919-2000) THEODORE L. BRUBAKER (191 I-2002) GEORGE T. BRUBAKER (1942-2006) HARRY Sr. C. GARMAN (1945-2006) (717) 299-7254 FAX (717) 299-3160 Web Site: www.hublaw.com Direct E-Mail: chrisw@hublaw.com November 18, 2008 Register of Wills Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Estate of James D. Halford a/k/a James D. Halford Jr. Dear Sir or Madam: t'~ L ~~ '~~_ -T_7 7 =~) - ~ ~:I- _/ `'~ ~~ fV ca <:~ c C .~' ~~ ~: r Enclosed please find an exemplified record for filing in your office with regard to the above-referenced Lancaster County Estate. Also enclosed please find a check in the amount of $35.00 representing the recording fee with regard to this matter. Please time stamp the duplicate copy that I have enclosed, and return the same to my attention in the enclosed envelope. Thank you for your prompt attention to this matter. If you have any questions, please feel free to call me. -i ,,- ;-, `=~ ~- - Sincerely, (~J -. Christine D. ilson, Paralegal CDW/00532276. DOC Enclosures cc: Shawn Pierson, Esquire (via electronic mail) Jeffrey C. Goss, Esquire