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HomeMy WebLinkAbout02-09-09r PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Frederick Hoffenbecker File Number 21-09- ~~ ~'~ also known as ,Deceased Social Security Number 183-38-1805 Jeffrey R. Boswell Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or '8' BELOW:) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the last Will of the Decedent, dated 04/07/2004 and codicil(s) dated State relevant circumstances, e. g., renunciation, death ofexecutor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopi:ed after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters of Administration app Ica e, enter c.t.a.; .n. c.t.a.; pe ente ite; urante a sen6a; urante mmontate Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administratton, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence ~? ~ a. l r-, ..rte ~_~ -, f-,z ._7 ~ -- - . _ _. ___ ., 1, . - _~ r ~' P'i I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ;> fU Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~ 229 Lincoln Street, Enola, East Pennsboro Township, Cumberland, PA 17025 (List street address, town/city, township, county, state, zip code) Decedent, then 62 years of age, died on 01/21/2009 at 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: 1,500.00 0.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last WiII and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Jeffrey R. Boswell 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Fonn ttev. 70-73-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 e 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this ~ ~ r~ day of ~~~ ~~~ (~I~a F the Register Signature _.l_ Jeffrey R. Boswell Signature of Personal Representative Signature of Personal Representative C 7 r.~ 1(7 v~ _.~7 -~ tl _ ~ ~_ ('~ ~~ - ~ ~~ File Number: 21 -09- U ~ "~ _ - ~ estate of Frederick Hoffenbecker ` ~ Deceased' ~; - ~J -~ •• ---ter' ,, _ Social Security Number: 183-38-1805 Date of Death: 01/21/2009 ~ - `'• .r-~ AND NOW, ~~` L r ~~L r , in consideration of the foregoing Petition, satisfactory proof having been presented befo m , IT IS DECREE hat Letters Testamentary are hereby granted to Jeffrey R. Boswell and that the instrument(s) dated 04/07/2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ........................................... $ l~V ~ (/ `-' Short Certificate(s) ........................ $ 8.~~ Renunciation(s) ............................ $ ~~ ~,~.~ $ ~ ~~ ~~ $ ~l l~ ~ ~~ ~Y~-~'l ~v~- $ ~~ ~ ~~ $ $ $ $ $ $ TOTAL ................................... $ Supreme Court I.D. No.: 25444 Boswell, Tintner & Piccola Address: 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717} 236-9377 Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 in the above estate Attorney Signature: _____~`<~- ~- Attorney Name: Jeffrey R. Boswell, Esquire ,1 ~ ~~` _ ~~~y3 "tfi,"iRhll'~t~ . it i~, illegal 4~ ~~<pli~r:~ll~s f~ s a:;~; 3 ;°~ cyt~:cyt~;slat z~r a'r#1r9~ s,::l, ~1:, ;. ~~`~,ti''"~ ~; t rli l ~rii#i~ III ~! l I ~ult `Y~ ~ ~ __ ~~~. .~ ~'-I ~ !•. ~C_l~l r<tr, lilt' _:~f ;`_tll;l ,. .an,~aeF, ~w ' . r (,~ . , ' ~ A' e .. `, - L ~_ _ _ -' .. f r •. : I - { '~Ul`lt - sr:a _ _? ~"i - , x~ f''l 1 {I lO ._ .. .. - ~ - _ ~~ _ _i _~ - r - i ":. - =d REV n.2C.7c COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ' ~ ~ E PR:NT iN - ~_RMANENT CERTIFICATE OF DEATH ~&` =_aes ~Ntc (See Instructions and examples on reverse) STA"E FILE NUMBER 1 Nama al Dxfrkarl ;First t+edlle. Iasi. audial 2. $ex 3. SoeW $ecunry NumtaFr i. Oat of Deals (Munln. day. /Fart Fredrick Hoffenbecker l 3 - ~ ~ ~ I oZ ~ Ma e - U 00 u YL o 5 Age last 9~nn]ayl Unxr I year Under t aay 6. Dale of B~rtn IMentn, day. yeah T. Smnpmca ICIry an0 irate or tor elgn nwrttryl ea. Place of Deam ICnecF onq gnat ,.., ~a~, xt•~~.. Mospeal: omec 62 y~ March 11 1946 Philadel hia PA ^Inpa,,enl ^ER oulpaneri ^DOA NurSingRane ^Reamence ^etnar-spa<Ily - worn .t Caa;n 3: J~t}. N,nlo ; wp of Jeam dd Facdrry Name III not imlilulion. glue s«eet arA numCerl 9 Was Uer:edenl of wsDam( Cngn2 ~ No ^ Yes '0 Raca. Amanran Indan, BU L. Wn¢e. eK Dauphin Millersbur a eha Y' r r n c ~a r ~' LS S .II yes. speL,N Sudan. ISplu!yl g ~~ ... .... i ~. Y~ a . - MFxKan. P~eno Rican. am l Canc. I1 ~ ~.a Va.,el 1'.W Nn .k„.a it boa C ~r,n 1a JU ro, ilale reeredl 12 Was DeLedenl ever n Ilia 1 3. DecedFW~s Educduon ($penly only niyne,l 3raW Comp ¢Iedl tJ Mar tai SUIUS: Marrad Yeve' Marr etl I$ $urvir ny ,~y° u5E " I wile 'rvF ma,d¢n nMkt ~nd ol'.v..rx K.-,o o!3u>~ress industry US. Armed FOrces? Elememary!Sxondary f0~121 College (t-t or i.) . . Waowed, Dn~rced lSpenM . . y Truck Driver Truckin Ind. ^Yes Sc7NO 12 Divorced '6 DSedFr,i s lAe.ang AdNe55 tSreet. ary • town. sUk tip Ladel Decedent's DId Decedent Pennsylvania L 229 Lincoln St AGlual ResbenfA 17d. SIaIe IVF Ind f 7c, ^ yFS. Dxedenl Lived In Twp. Tpwn nl 7 . p s Cumberland nd ~] ra,, eecederu~yeawrmin EI'lola no D°°°ry 1:71014 PA 17025 A~:malLm~ty oy crryreao IS Fa«.Fr i Yd1~a lF~rsl. mq.11e. '~asl. sumxi 19. MOlner's Name (Fvst. mbdle, -maiden,wnamei Fredrick Hoffenbecker Sr. Wanner 2Ja. Inl~~, .ants Nor'e I'r W ~ Pnnll 2W. InlermanYs Mailing AtlGess ISlreal. ury! sown. stale. np cpdel Joan Marie Ballentine 5259 Burton ST., Philadelphia, PA 19124 ?la Mec^<e .:I O~spcsn.cn ~ Cremapon ^ Oauuon 21 D. Dale of Dlsposttwn IM°rm. day. yevl etc. Place el Gsposmun (Name of cemetery. cremal°ry or otner pixel 21 d_ Laanon IC~ry :vwn. alate np :oriel ^ al ^ Removal from Stata !Was Crtmatton or DON110n AuNOrizM ^ ,r-a:?y~:~<,ry dr!~rp+IE=amtnertcorener? awes^Ne 1 /26/2009 Bitner Crelnatory LLC Harrisburg, PA 2 s,; , ~ a _. Fw ara set, <F L<ensFF!or LFIS„n a<:mg a, au<nl -~" ~' ~~~ 2zd D<ensa Numeet zze yams and A°dmss a Fxalty Hetrick Funeral Hat>E~ FD-013592-L 312 lout Harrisb PA 17109 Car~.e:e :a.rs :3a: omy wrzn ;eruty.ng "e ne xa: ...may ,ncw,e ;e. deers xcurred at :ne ;:me, dale aro Dlace sU1Fd. IS.gnawre an0 ~.a:at 230 _~cense Nwnoer 23c. Cate S•yned •.Montn. daY. year, Lny;~an =,W a.a.~p,F at:a~W peam IL r x rn Y~ j :rer /.ax xam ~a._ • ._ J (ln lL0.r a~ ~-~ o •lema :i-(~ moat ce corn y - pKred o ,zrsrn -'J ime ~I Dealt 23- Dale Prmounced Dedd Monln, da 1 ~ y'/earl 26..las Case Rekrree :o '.leolcal Examiner ~ Coroner for a Reason Cyner ~nan rFina:an or Dona;wn wro wov..rcea .aatn 5 ('~ ~j ~ M C ~ ~( a ^ ^Yes vo , . -.-. ., (' GY ~ ~ CAUSE OF DEATH (Spa inatruetiona anG examples) t Approximak ~ntervs. Pan It Enle char rs~ licanl, cndmens -cnlnpw~n ~ d m 28 Db Tooacco Use CanmOWe to Deam? nem 2; Pan I Enkr ;ne coats d Fret's -,vseases. ~ntunes. s compltmtns - Vut d«ectly caused :M dean. 00 NOT emer terminal events soon as cardac arrest. Gnael :o Deam r OW not :esu~ong n Ine ,noar•y,ng wusa given .n Pan. ^ yes ^ P•o«eely ESp•ra:pry arte51. W .enirdwar'.Oriilaurn x/nn"o'ur Jgwing Ine eedoyy. Lr5(1 erxy one Luse M axn one. I Y yse E ^ ^p ~ Dnyf10'MI ~ ~ e swA gSn dead =- `~~~r ~/- I~-<~e1 ~ ~~~''~ ~ 29. II Female. 1 .. a ^ Cua to Icr a5 a c°naeyuence a i. Not xegndnl witlxn pazt year Sa9wnraty ist :ArxLlgns. A any. U eadYg to :'4 ~auaF uilad °n bnF a ^ Pregndnl at tune d dedm r y - ` e UNDEflLYING CAUSE ue to l.r as a ec e ot). ~ Yct pregranl. LW pregnarll wimn a2 days !352a52 or slur. trial •n~latdf 're ~ c W Deam. erentt'es..l~ng n dedtnl UST. D..a 'a la as a ~cnsepuanuz alt- ~ YGI Negras[ LW GFgndnl 17 ddys'o 1 y¢x d ae!ae ceam ^ ~, wn I Negnanl wnnln the past yex k;a ..a '°csy 3lA ! ~t., ~ y ]I `aarrar ;:t DFam 72a. Gale cl Intury (MCntn. uy /earl 7~d 0¢SCr Le Huw Injury DcC'urred 72c >'. a 1' iur/ Tome Farts otreet %aC.:ry r.,. ~~ +.aace F,,, o C~mpletr" l ^ H l ~ Y d , . . Droz?owing, ztc. i5penhl Lt Ca~.sz of Deam' ura a umlc~ e G 'ur ~'!e ~ .es C Np 1 "s'our'. ^ FenO g I g wn 12tl .me of injury ca n ury a1 N J21 T T a po rlury V N r ,ca. ~n ,I :rtury Slrebl y _r,r , a,~, __ ~._~ ;J c,.u d `!°t ne velerm nHf ~ Ins ^ tb ^ Dnr (,Fartmr ^ 7. asst get V PcCeslydn M GInE' cpecy Jain S.yr'a en° "ri¢ I .;"er • Cen ty rig pnystcun r' s.r a :.~.. _~ I -, ~ - .e,t - 1 ,.td _cmpeted Ikrr _? T n (__~ ~ ~~ ~~ o <oest of my knowkdg! Ge 1n edd t n set tl VI ~ _____________ _______________ ~~ • P ~. / ~ ~ / ronouns rig and cemN rig pnysrc an F , ,: + -,..,: n, aam ud can ry y c ~a~se I ~eat^ 'L ~.ne Gesl °1 my kn°wkdge .feats xcurre0 a1 Ine :~ma. dare. +n0 Plxa, and Oua to Itle taus ysl+nd mans<r as sbled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ j • yee~cet E,amrnorCoroner , _~ase Nu.•.,r., f J 4 ~ In 27 G ~( - .i° male ~~:-rl :' ..,: ~u: 2 Z_ 1 C~ un ne oasis of examr sugalion .n my op~ o am occurted at M nin l d t d d C • I . e e. a e, .so p xe, an ue e ne causes Sl and manner as stated_ _ 3: `r~i a ui, ..v.,., ,r .un , , ., ..., ,.F .. ,.~., re ~ _,. ,... =' -. ~ ~ h .(i.rrC ~ UA i 7 n 6~ ~ D~,:r,~L~Ln P~,.n~~t Y° ~s ~ y~i i r, ~/- C~~-~_ c~-1~,f ~..a - ,._~ < > ~. -~ ~~ - ,~ --:~ :~ - , ~ ~ :, = =~ _ --1 . .. J ) ~~~ ~~ LAST WILL OF FREDERICK HOFFENBECKER Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola &; Alford 315 North Front Street Harrisburg, Pennsylvania 17101 (717) 236-9377 LAST WILL AND TESTAMENT OF FREDERICK HOFFENBECKER Introductory Clause. I, FREDERICK HOFFENBECKER, a resident of and domiciled in the Township of Watts, County of Perry and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I have one living child: MARC SCOTT HOFFENBECKF,R, born December 3, 1976. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. Ii'EM IIT Bequest of Specific Item of Personal Effects. I give and bequeath to my son, MARC SCOTT HOFFENBECKER, if he shall survive me, my camcorder video camera, two television sets, laptop computer, train equipment, and train videotapes. ITEM IV Bequest of Specific Item of Personal Effects. I give and bequeath to my friend, WILMA DiGILORAMO, if she shall survive me, my living room furniture, dining room furniture, household appliances, dishes, DVD player, and VCR player. Last N'ill nnJ Testamcn~ o(~RF.DHRIC'K HOFFGNBHCKGR Pagc I ITEM V General Bequest of Personal and Household Effects With a Precatory Memorandum. I give and bequeath all my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles, and other vehicles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my son if he shall survive me. If my son shall not survive me, the issue of my son surviving me, shall take per stirpes the share my son would have taken had l1e survived me. If my issue do not agree to the division of the property among themselves, my Executor shall make such division among them, the decision of my Executor to be in all respects binding upon my issue. I request that my Executor, my son and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and not mandatory. If any beneficiar;~ hereunder is a minor; my Executor may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Executor. The cost of packing and shipping such property shall be charged against my estate as an expense of administration. ITEM VI Outright Gift of All Property to Son, Contingent Gift to Issue of Son, Contingent Gift to Named Beneficiary. I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description, excluding all items specifically given or bequeathed as per this Last Will, (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will, absolutely in fee simple to my son, MARC SCOTT HOFFENBECKER, if he shall survive me. If my son shall not survive me, his surviving issue shall take per stirpes the share he would have taken had he survived me. ITEM VII Naming the Executor, Executor Succession, Executor's Fees and Other Matters. The provisions for naming the Executor, Executor succession, Executor's fees and other matters are set forth below: (1) Naming an Individual Executor. I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament JEFFREYR. BOSWELL, ESQUIRE and direct that he shall serve without bond. (2) Naming Individual Successor or Substitute Executor. If my individual Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor who shall also serve without bond shall be WAYPOINT BANK, it's successor or assigns. Last b6ill and icsmnsnt of FREDERICK HOFEHN6ECKER Pagc 2 ITEM VIII Definition of Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. ITEM IX Powers for Executor. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned. in his or her own right, upon such terms and conditions as to my Executor may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM X Discretion Granted to Executor in Reference to Tax Matters. My Executor as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, cr of ar,y ir~v;,stn sent cr adrr,inistrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Executor shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions. lass N'ill end Tesiamem of FRGD[.RICK IIOPPENF3HC'KER Pagc3 ITEM XI Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ~_ day of April, 2004. ~ ~; ~ , ~.~ ~~ ., ~~.~~~ (SEAL) ~~_. REDERIC FFENBECKER Attestation Clause. The foregoing Will bearing on the margin the signature of the Testator, was this ~ day of April, 2004, signed, sealed, published and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. ' ~ ~, .:. ~'/ t ~, ~, / '~ ~ r of _ / 1~. Luse A4'ill ana Tcsmmwt of FREDERICK HOEEENQECKGR Pngc 4 PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Self-Proving Affidavit We, FREDERICKHOFFENBECKER, and Denise L. Foster and Leonard Tintner ,the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, .and that each of the witnesses, in the presence and hearing of the Testator, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testator was at that time eighteen. years of age or older, of sound mind, and under no constraint or undue influence. Subscribed, sworn to, and acknowledged before me by FREDERICK HOFFENBECKER, the Testator and subscribed and sworn to before me by Denise L. Foster and Leonard Tintner .witnesses this ~~~ day of April, 2004. Luse Rill ^nJ Testament of ~RHDERICK HOFFENBGCKHR Pagc 5 Notary Public for Pennsylvania My Commission Expires: _~ / ~~ .,~~~c': °~~ Notarial seal Connie L. Hardy Notary Public ~ Ot Hanimbur9, l~uphin County f1Ay ~ ~ire9 Feb.10, 2007 Member, !Perirl5yt~k~a EOn tJf Notaries