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HomeMy WebLinkAbout11-19-09IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS GF GLENN P. HOFFMAN, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED N0. 2007-01053 ~~ ~_ ~~ -- , ~ ,_.. ` _. _ -> .~-~ CO-EXECUTORS' UNCONTESTED PETITION TO --- '. u:1 COMPROMISE AND SETTLE _~ CONTINGENT PECUNIARY LEGACIES ~~~ -- ___ i =~ • . , ~.-~ W Pursuant to 20 Pa. C.S. ~~ 3323(a), 5306, and related provisions, petitioners, by their undersigned attorney, file this uncontested petition based on the following: 1. Petitioners are James A. Hoffman and Heidi Fisher DeDay, co-executors of the Estate of Glenn P. Hoffman, deceased (the "Estate"}. 2. On November 2, 2007, Glenn P. Hoffman (the "Decedent") died testate a resident of Cumberland County, Pennsylvania, wits his last residence located at 1130 Dry Powder Circle, Mechanicsburg, Pennsylvania 17050. 3. On November 19, 2007, the Decedent's last Will dated January 12, 2006 was admitted to probate by the Cumberland County Register of Wills. Attached as Exhibit "A" is a copy of the Decedent's Will. 4. On November 19, 2007, the Register of Wills issued letters testamentary to petitioners and such letters were duly advertised according to law. 5. Under Items VII and VIII of his Will, the Decedent established contingent pecuniary legacies of $30,000 each to fund educational trusts for the benefit of his minor niece and nephew, Rochelle Rose (born March 22, 1992) and Dacoda Rose (born April i3, 1997). 6. The Decedent's brother, James Allen Hoffman, was named. trustee of the minors' educational trusts. 7. Under the Decedent's Will, the stated legacies are to be paid to Rochelle and Dacoda Rose only if they have first received a Bar_helor's degree at an accredited university by aqe 30, in default of which the contingent legacies are to be paid to the Masonic Homes for Children ("Masonic Homes"). 8. Subject to court approval, Timothy and Patricia Rose, parents and natural guardians of Rochelle and Dacoda Rcse, and the Masonic Homes have reached a settlement of their respective =_nterests under Items VII and VIII of the Decedent's Wi11. 9. Under the proposed settlement, Masonic Homes shall receive $2,000 from each of the minor beneficiaries' contingent legacies with the $28,000 balances to be used to fund separate accounts for each minor's educational expenses under the Fennsylvania Uniform Transfers to Minors Act ("UTMA"), 20 Pa. C.S. § 5301 et seq., with the named trustee, James A. Hoffman, serving as custodian. 2 10. Under the proposed settlement and in accordance with the governing statute, the UTMA accounts would be usea in a manner consistent with the Decedent's wishes because each beneficiary would be reimbursed for educational expenses until the exhaustion of funds in her/his account or until she/he reaches the age of 25, at which time any remaining funds would ne distributed outright to her/him, free of any further restrictions. 11. Petitioners believe that the proposed settlement is in the best .interests of all parties (and otherwise satisfies the requirements of 20 Pa. C.S. ~ 5301 et seq.) in that: (a) Mr. and Mrs. Rose have confirmed that their son and daughter have every expectation of attaining Bache~or's degrees as intended by the Decedent; (b) the contingent legacies in trust, as envisioned b~~~ 1=he Decedent 1_n his self-authored Will, would create ar: administrative and financial burden and would require the trustee, James Hoffman, to file annual fiduciary income tax returns and to otherwise administer the trusts for many years; (c) the disproportionate costs and administrative burdens of the trust arrangements would greatly outweigh any benefit, taking into account the size of the contingent legacies; 3 (d; the Decedent's objective--to defray the minor beneficiaries' educational expenses--could be accomp~ished more expeditiously and at less cost with the proposed UTMA accounts; (ej all parties in interest consent to the requested relief; and (f) petitioners request that the Court approve the settlement based on such other reasons as may be established at any hearing. See, era., 20 Pa. C.S. ~~ 5306(c), 5321. Compare 20 Pa. C.S. ~ 7740.2. i2. The Commonwealth of Pennsylvania, Office of Attorney ~~eneral, Charitable Trusts and Organizations Section, has no objection to the proposed settlement (and will be send~_ng a -Letter confirming its position). 13. Timothy and Patricia Rose have consented to the proposed sett~ement on behalf of their minor children, Rochelle and Dacoda Rose. Attached as Exhibit "B" is the consent signed by Mr. and Mrs. Rose. 14. The Masonic Homes consents to the proposed settlement, as confirmed by its signed consent, attached as Exhibit "C." 15. James Hoffman, the trustee named under the Decedent's Will, consents to the proposed settlement including his serving as custodian of the proposed UTMA accounts. Attached as Exhibit "D" is Mr. Hoffman's consent. 4 WHEREFORE, petitioners respectfully request that the Court: A. if necessary, issue a citation in substantially the fora: accompanying this petition; and/or B. after a hearing (if necessary), issue a final decree in substantially the form accompanying this petition; and C. grant such other relief as it deems appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHA~, LLP ! ~. Dated: ( ( ~)( ~~(~ `~ By: -e__ ° adford Dorrance I.D. No. 32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Attorneys for Petitioners 5 Last mill and Testament Glenn P. Hoffrrran I, Glenn P. Holtman, of the Township of Hampden, county of Cumberland, Commonwealth of Pennsylvania, declare this to be my Last Will and Testament and revoke any Will previously n-~ade by me. ITEM I: I direct that all my just debts and funeral expenses shall be paid from the assets of my estate as soon as practical after my demise. Further, I direct that my remains be cremated and disposed of in a prudent n-ranner not tc include being interred (e.g., my executor can dispose of them in any large body of water... San Francisco Bay, the Caribbean, etc.). ITEM II: I bequeath the sum of Fifty Thousand and no/100 dollars ($50,000.00) tc my brother James Allen Hoffman, now or formerly of the City of San Jose, State of California. These funds are to be used for i:he retirement of his student loans, if any, with the balance given to James directly. ITEM III: I bequeath the sum of Fifty Thousand and no/100 dollars ($50,000.00) to my brother Timothy Harmon Hoffman, now for formerly of the Borough of Duncannon; County of Perry, Commonwealth of Pennsylvania. These funds are to be used for the retirement of his student loans, if any, only if he has attained the minimum of a Bachelor's Degree at an accredited university. If this degree requirement is not met at the time of my demise, or if there are any remainder funds after paying ar~y student loans, the balance is to be given directly to the Pilgrim Chapter Order of DeMolay. ITEM IV: I bequeath the sum of Fifty Thousand and no/100 dollars ($50,000,00) to Adams Lodge No. 319 Free and Accepted Masons of Pennsylvania of the Borough of New Bloomfield, County of Perry, Commonwealth of Pennsylvania. I further direct that a portion of these funds be used to replace the carpeting of the main Lodge Hall with royal blue plush carpeting (similar to that of Perry Lodge) and a portion of these funds to be used for the remodeling of the lodge kitchen facilities. ITEM V: I,.devise and bequeath my Chandler Book Collection, my art collection, and my entire coin collection and any other collectibles to my mother, Shirley Ann Hoffman, now or formerly of the Township of Penn, County of Perry, Commonwealth of Pennsylvania, with this entire collection being given to Adams Lodge No. 319 F. and A. M. upon the death of my mother. Ire the event that my mother should predecease me, I direct that these items be bequeathed to Adams Lodge No. 319 F. and A. Nl. of the aforementioned address in ITEM IV. I further direct that all personal photographs and family information be distributed to my niece, Rochelle Marie Rose, and to my nephew, Dacoda John Rose. ITEM VI: I devise and bequeath my interval ownership property known as Unit 7B, Week 52, located at Quail Hollow Village, Beach Mountain Resort, Drums, Pennsylvania, to my brother, James Allen Hoffman, of the aforementioned address in ITEM II. ITEM VII: I bequeath the sum of Thirty Thousand and no/100 dollars ($30,000.00) to my niece, Rochelle Marie Rose; now or formerly of the Township of Saville, County of Perry, Commonwealth of Pennsylvania, to be used solely and exclusively for educational expenses. In the event that there are no educational expenses and Rochelle has achieved at a minimum a Bachelor's Degree at an accredit:;d universit}~, I direct that the monies be given to Rochelle directly. I n the event that Rochelle has not achieved at a minimum a Bachelor's Degree by her 30th birthday and!or has no intention of achieving such, I direct that these monies be directed to The Masonic Homes for Children in Elizabethto~nrn; Pennsylvania. I appoint my brother, James P,Ilen Hoffman, trustee of these funds. Exhibit "A" ITEM \/II'~~: I bequeath the sum of Thirty Thousand and no/100 dollars (~30,OOO J0) to my nephew, Dacoda John Rose, now or formerly of the Township of Saville, County of Perry: Commonwealtf~~ of Pennsylvania, to be used solely and exclusively for educational expenses. In the event that there are no educationa~ expenses and Dacoda has achieved at a minimum a Bachelor's Degree at an accredite~b university, I direct that the monies be given to Dacoda directly. In the event that Dacoda has not s,chieved at a minimum a Bachelor's Degree by his 30th birthday and/or has no intention of achieving such, I direct that these monies be directed to The Masonic Homes for Children in Elizabethtown, Pennsylvania. I appoint my brother, James Allen Hoffman, trustee of these funds. ITEM X: I devise and bequeath the residue of my estate, of whatever nature and wherever situate, to be divided equally between and among The Capitol Dinner Theatre -Harrisburg, United Cerebral Palsy of Central Pennsylvania, Whitaker Center for Science and the Arts, United Cerebral Palsy of Pennsylvania, The Highmark Caring Place -Lemoyne, Big 33 Foundation, HACC Foundation, and Masonic -tomes of the Grand Lodge of Pennsylvania F. and A. M., Elizabethtown, Pennsylvania. ITEM XI: I appoint my brother, James Allen Hoffman, to be co-Executor of this my Last Fill and Testament and Heidi Elaine Fisher to be co-Executrix of this my Last Will and Testament. ITEM XII: No bond shall be required of my personal representatives insofar as the same may be omitted by law. IN WITNE=SS WHEREOF, I have hereunto set my name this `°'~= day_of January, 2006. ~ f, i ~ ' t \ ~~' enn Patrick Hoffman ~ ~ Notary Public R This ~'-'~? day of January, 2006, Glenn Patrick Hoffman personally appeared before me, a Notary Public. The preceding instrument: consisting of these two typewritten pages, identified by the signature of the testator, was on the day and date thereof signed, published, and declared by Glenn Patrick Hoffman, the testator herein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our nai~r~es as wit.n.esses h e reto,r-, ,---~ ..--, / ; i ~._~;__;~=~ ,!`~~~ 1~--~~'~~:~` ,residing in Harrisburg, Pennsylvania, c ~~1'~1'1 ~ ~~~' ' ' ~ ,residing in Gettysburg, Pennsylvania. "~u~M'i~ll~ ~M ~ ~. ~-~< ,residing in Elizabethville, Pennsylvania. _7 ~~~f~ ~ ~, '~o:~ri-.1 yea. ,;,, r ' i~J~y ~bm~;i- ~!cr = ~ur~, n4ar. 2r` 2DJti ~ I/ -r-,e~ ~ - -- ---__ ~__-.ioo _. !Jcia!~~~ IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS CF GLENN P. HOFFMAN, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED N0. 2007-01053 CONSENT As parents and natural guardians of Rochelle Rose and Dacoda Rose, we, the undersigned, consent to the proposed settlement ar.d the relief requested in the foregoing petition. Dated.: 11/18/U9 ...,., ~,~_ ^°rt;~.,,r:.. 61 Timothy Rose 910 Eschol Ridge Road Elliotsburg, PA 17024 Dated: 11/18/09 -~ ~r~~..'a,~~_-.- ~~ ~J~--~~----• Patricia Rose 910 Eschol Ridge Road Elliotsburg, PA 17024 Exhibit ~~B" IN R_E: ESTATE OF IN THE COURT OF COMMON PLEAS CF GLENN P. HOFFMAN, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED N0. 2007-01053 CONSENT ~7:; i~ehalf Of tide i~'iaSvnlC !-.O:ilF';~ FOi Ci~lidre:~ T, T.ie undersigned, consent to the proposed settlement and the relief req~sested in the foregoing petition. Dated : ~ . _ .~ ~'c l °~`_°t~-'~r *` • .r"'~ ~. -~'--~';~... a __. _ Masonic Charities Office of Gift Planning One Masonic Drive Elizabethtown, PA 17022-2199 ist-razor Exhibit "C" IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS CF GLENN P. HOFFMAN, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED NO. 2007-01053 CONSENT I, the undersigned, consent to the proposed settlement. and the relief requested in the foregoing petition, including mfr serving as custodian for the proposed UTMA accounts. Dated: , 1~~°'~~! ~~ Ja~lnes A. Hoffman 48`+5 Mill River Lane San Jose, CA 95134 'z`~~... Exhibit ~~D" VERIFICATION I, James A. Hoffman, verify and state that: 1. I am co-executor of the estate of Glenn P. Hoffman, deceased and am authorized to make this verification cn behalf of the estate. 2. The facts set forth in the foregoing petition are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are mad:: subject tc tr~:e penalties of 18 Pa. C.S. X4904, relating to unsworn falsification to authorities. Dated: ~~ ~~ a~ °t'Z~ ~-`~ t - r` "~ .fir "~-~. James A. Hoffman , VERIFICATION I, Heidi Fisher DeDay, ~aerify and state that: 1. I am co-executor of the estate of Glenn P. Hoffman, deceased and am authorized to make this verification on behalf of the estate. ~_. The facts set forth in tree foregoing petition are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904, relating to unsworn falsification to authorities. .. , ._ . , __, , ~, ._ ~.. i - • ~ 4 Dated : ~ ; .. _ ~ ~ .~ _ ~„~,,-. i ~ ~..._~_ _ ., , Heidi Fisher DeDay -~' ~, CERTIFICATE OF SERVICE I r;ereby certify that I have this day server a copy of- the foregoinu document upon the person(s) and in the manner ~ndicated below: First-Class Mail, Postacte Prepaid Addressed as Follows: Michael T. Foerster Senior Deputl~~ Attorney General Office of Attorney General Charitable Trusts & Organizations Section Strawberry Square - 14'" Floor Harrisburg, F'A 17120 Timothy and Patricia Rose 910 Eschol R1dge Road Elliotsburg, PA 17024 James A. Hoffman 485 Mill River Lane San Jose, CA 95134 Robert L. Dl~:ge, Jr. , Esquire DLUGE & MICHETTI 133 Mt. Carmel Avenue P.O. Box 3C4 Elysburg, PA 17824 (Attorney for Masonic Homes for Children) Dated: C l ( Y, ;`,4 q ~_~ Bradford Dorrance