HomeMy WebLinkAbout01-27-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Frances E. Hoch File Number 21-10- ~O
also known as
ecease Social Security 182-22-5362
Petitioner(s) who is/are 18 years of age or older, apply(ies) for:
[K] 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 February 2, 2006 and codicil(s) dated
N/A
state re evenat circumstances, e.g. renunciation, ea o 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: No exceptions
[ ] B. Grant of letters of Administration
(If applicable enter: c.t.a.; .n.c.t.a.; en ente ite; urante a sentia; urante minoritate
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
Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Decedent then
Decedent at death owned property with estimated values as follows:
(If' domiciled in Pa.)
(If` not domiciled in Pa.)
(If not domiciled in Pa.)
Value of real- estate in Pennsylvania
situated as follows:
25,000.00
1 ,
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: _ __
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85 years of age died on 12/23/09 at Green Ridge Village
Page 1 of 2
COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at
210 Bi S rin Road Newville PA 17241 (West Pennsboro Townshi )
( ist street ress, town city, towns ip, county, state, zip co e)
OATH OF PERSONAL REPRESENTATIVE
COMMONWEATLH OF PENNSYLVANIA -
CoUNTY of CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and come
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 o
before me this // `~ ~ ~ , dith A. Hockensmith
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File Number: ~ ~ - l0 - Ova? O ~ ° ~ a ~~-' -T-1
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Estate Of Frances E. Hoch
Social Security Number: 182-22-5362 Date of Death
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AND NOW _ ~ ~ , 20 ~C~ in consideration of the Petition, satisfactory proof
having been pres ed before IT IS DECREED that Letters Testamentary
are hereby granted to Judith A. Hockensmith
in the above estate
and that the instrument(s) dated February 2, 2006
described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent)
Register of Wills
FEES
Signature
Attorney Name
Letters ,.;~~ o • o0
Short Certificates 4 . pa Sup. Ct. I.D. No
Renunciation
~1 CS ~,~ .~ ~ Address:
~w+o ~ • ~
Telephone:
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Robert G. Fre
46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Page 2 of 2
Ilf15.R1)5 kFV ~(ll/nit
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 16053140
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 will be forwarded to the State Vital
Records Office for permanent filing.
~~. ~~eN,~D~.t- ~ DE 2 6 2009
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Local Registrar Date Issued
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1105-143 REV 11/!008 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
PERMANENTIN CERTIFICATE OF DEATH
BLACK INK (See instructions and examples on reverse) STATE FILE NUMBER
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1. Name d Decedent (Flret ntidde, lest, eulfltr) 2. Sex 3. Sodal Secudry f4urrtber 4. d Death (Month, day, year)
Frances E. Hoch Female 182 -22 -5362
5. Age (Last BkBtday) lhtder 1 Under 1 8. Date d Bhdt Month, day, year) 7. Bkthplaw ( end sbb « ) 8e. Place d Death (Check only one
85 "~"" °"" "°"' ''""""' 9/12/1924 Newburg PA "°°~~ °~°`~
Yrs. ^ Inpa,bnt ^ ER / OtdpetbM ^ DOA ®Nursing Home ^ Residence ^Otlter • Spedy:
8b. Cou d Dee
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~ 8c. Boro, Twp. d Deets
~ 8d. FoGIy Noma (g not irtstllutlon, give sheet end raertber) 9. Was Decederd d Hispanic Odght? ~( No ^ Yes
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. ~ Mexican, Ptxerro Rican, ero.) w
11.OewderY's lharel Ibn Khd d work d one mwt d Ib. Do nd elate rah 12. Woe Decedent ever in the 1 a ony highest grede comp leted) 14. Merkel states: Merded, Never Monied, 15. Survivirg Sp« ue (If wHe, give meMen name)
Kind d Work Kindo(,Mgkwu / Irtdwtry U.S. Armed Forces? Elementary / Seco~Wery 0.12) Cdlege (1-4 «5+) yYidowed,
Div«ced~SPed/1')
Seamstress Clotill}~ ^Ya ~No tj 1
18. l7ewdenl'e Mating Addrae (~•t cky / roar, elate, zip code)
210 Big Spring Rd Decedere's P A Did Decedent
Adwl Reeidertce 17a Sbb 17c. ^ Yes, Dscedxd Lived'n Twp.
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Newville , PA 17241 17b.Coratty Cumberland ,7d~No,DecsderttLNedwMdnWest Pennsboro
Aawllmbd Cilylt!«o
18. Fsmefe Name (~, nYdde, bst eulPor) 1g. IIOBt«'s Name (Fkat nAdde, rreklen eumame)
Russell R. Yocum L'oroth Mower
20a. InlOnnanl's Name (TYPe / Prke)
Judith Hockensmith 20b. a Malktg Address (Street dtY /,Dw(1, able, zip code
363 Green Spring R Newville PA 17241
21a. Method d Dhpoeltlon ^ Crenttlbrt ^ Donatlon 21b. Dab d Dlepoeitlon (Madh, day, year) 21c. Place d DiepaeiUon (Name d cemetery, aematory «other place) 21d. Lowtlort (City /town, stab, zip code)
P A 17 013
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® B,aw ^ Remwd hen sbte Wes crarNbn « Darradon Authorised 12 / 2 8 / 2 0 0 9 s 1 e
Westminster Cemetery Car 1
^ Otlwr - Spedy: by ttlsAeal Exarnhter /Coroner? ^ Yes ^ No
(« person edktg a stilt)
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Complete Ibrte 23ac only when cettlfykq To 9ha beet d my ba'+bdg•, dea8t occuned ffi the Imo, date and place . (Signature and title) 23b. License Number 23c. Date Signed (Morten, day, year)
phyeidart k nil evaieble at tlme d dad! ro 1
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Ibrre 2428 must De Contpbbd try person 24. Tnre d D.am 25. ~e Prananced Dead ( day, year) 26. Wes Caee Referred ro Medcel Examiner / Coroner for a Reason then C Donatlon?
who prortotatca deem. r ~~ M. ~~ C` ^ Yes Q No
CAUSE OF DEATH (See Irntnectlone end ucampNa) r Approzhttete inbred: Pad II: Eraer otlter 28. Did Tobeoco Ua ConMbub ro Death?
Ibm 27. Part I: EnW the l~t~Il - dbesea, Ir~tabe, «ampicatlats - that dindly cued tlw deth. DO NOT enter terrrdrtel event such es wrdlsc anent r Oreet b Death but not reedlktg h the undedylrtg wtea given h Psd I. ^ Yea ^ Probedy
roapketory annet «verttrkwbr IbrNstlon wlhwt ehowktp tlta etbrogy. LkA oNy one caws on each Ire. ~ ^ ~ ^ UrtWaam
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c«dl8on ~md~Wq n deaM) ~ a. ~ C. 1(~ CY- ~ ~' Q ~/~ ~ , ~/ (~, ~ 29. tl Female:
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Dw ro (« a a nsegwnce of): r n Pant Year
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^ Pregnant at tlrne d death
Sequentlab let condlbrre R anY b. i
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RLYNG CAU9E a Dw b (« as a cawgwnce of): ~
AE ^ Nd prepred, but pregnem wkMn 42 days
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Dw ro (« as a coreeywrtce oQ: i ^ Nil pregrtent but pregnara 43 days ro 1 year
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d• r berora death
^ llNtrtovm N prepterd wtlhin the Pest Year
30a. Was a Aubpey 30b. Wen Auropay FNtditgs 31. Mamer d Deem 32a. Date d Injury (Mbdh. day, year) 32b. Daedibe How ~' Oavned 32c. Place d In' dome, Fenn. Street, Factory,
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Performed? AvdaWe Prior ro Canpktlon
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^ Yes 0 No ^ Yes ^ No ^ Aatdsnt ^ ~9 Irtvaetlpatlon 32d. Time d ~ 32e. Injury et wodc7 321. N Trarteportatlon In)tay (SpscHy) 32g. Lowtbn d ktjury (Brae! illy /town. ebb)
^ StricMe ^ Cotkl NIX be De/ermhted ^ Yes ^ No ^ ~•'/ ~°ret0f ^Pedestrbrt
M Outer • Sped/y.
33e. CertlBer (check anry one)
ratorxtced deem and cont
b,ed Item 23)
cause d death when erto8ter
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TotllebeetofmygroMNdge,deemoceuneddwrothecauee(a)andmanieraa~________________________________ ^
• Pranora,eNq and wrtlfYing (Phydcbn tom pronaatchtg death and certllyktg ro wwe d daatlt)
0 33c. ' 33d. Date Sgrted (Month, day, Yar)
• Ti~Aau e1~Bxaamin~w /, deem oewrnd at the tlrne. dace, one plow, aw doe to me aueNe) and mennar as etnad- - - - - - - - - - - - - - - - - - p 0 (O ~ S -- L f ? ( z ~f ~C~
On 1M tab of axaminNbn and f « Inveedgttlon, in my opinion. death occtrrod N fM !lens, date, and place, and des to the awe(s) uM msmx as stabrL ^
34. Name std Address d Person Who Completed Cause d Deem (Item 27) Type / Print
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~ idii is it ioi; 3ft. Data Filed (Mordh. dsY, Yom)
Dlepwtlion Penntl No. ~ ~ o'F/J~CY~ _ n . ~n i ~, ~ T .. ; ~ ~.... ~ ~ ,
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Frances E. Hoch ,Deceased
Robert G. Frey and Trisha A. Liess , (each) a subsribing witness to
and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of each other.
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(Signature) (Signature)
the (]Will [)Codicil presented herewith, (each) being duly qualified according to law, depose(s) a
say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same
5 South Hanover Street
(Street Address)
Carlilsle, PA 17013
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of , 20
Deputy for Register of Wills
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5 South Hanover Street
(Street Address)
Carlilsle, PA 17013
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirm
bef me this.
of
a~c~ subscribed
~ S7 day
- , 20J Q_
Notary bl is
My Co mission Expirees:
e and Seal of Notary or other offical quali to
administer oaths. Show date of expiration of Notary's
Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
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OATH OF SUBSCRIBING WITNESS ES "' "~ ~
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Estate of ~'~~G`.y~ Q 5 ~ - ~`f 0 c. ~ ,Deceased
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(Print Name/s)
the~Will ^ Codicil(s) presented herewith,
say(s) that .~ / he / they
and that ~/ 1~1 may
the r /Testatrix
(each) a subscribing witness to
each) being duly qualified according to law, depose(s) and
was / u~e~~ present and saw the above '~~ /Testatrix sign the same
signed the same and that , / he / tl~ signed as a witness at the request of
in her / Vie-- presence and in the presence of each other.
(Sig~Tature)
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
~~
bef me this ~ ~ day
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D puty f r Regi er of Wills
Executed oast of Register's Office
Swo to or affirmed d subscribed
before m his ~ ~ day
of 1Z~
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~otary Public
y Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Forne RW-03 rev. l0.13.06
(Street Address) r
(City, State, Zip)
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FAST WILL AND TESTAMENT - ---
OF ~_~ , :~
-:_: ;_-_
FRANCES E. HOCH ~ ~ ._="- -r-~ t~,w
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I, FRANCES E. HOCI-1, widow of North Newton Township, Cumbe~~la~d Comity,
Pennsylvania, (mailing address: 465 Shippensburg Road, Newville, Pennsylvania 1~~~4~1),bein-°'of
sound and disposing mind, memory and understanding, do hereby make, publish and'declare th'--as
and for my Last Will and Testament hereby revoking and making void any and all Wills by me at
any time heretofore made.
1. I direct my hereinafter named Executor or Executrices to pay all of my dust debts and
funeral expenses as soon after my death as may be found convenient to do so. I further direct that
all inheritance, transfer, succession, estate and death taxes which may be payable on account of my
death shall be payable from the residue of my estate regardless of whether the assets upon which
such taxes are based are included in my probate estate.
2. I declare that I am the widow of W.Clair Hoch, deceased, and that we had no children by
that marriage. I further declare that I have one child by a previous marriage, Judith A. Hockensmith
of 363 Green Spring Road, Newville, Pennsylvania, and that my husband had one child by a
previous marriage, Robert L. Hoch.
3. I give and bequeath the sum of $25,000.00 to my step son, Robert L. Hoch.
4. I give and bequeath all my tangible personal property to my daughter Judith.
Hockensmith, but should she predecease me or fail to survive my by a period of ninety (90) days,
then in such event I direct my hereinafter named Executrix or Executor to sell said tangible personal
property at public or private sale and the proceeds shall be added to the remainder of my estate.
5. If at the time of my death I am the owner of my current home at 465 Shippensburg Road,
Newville, Pennsylvania (North Newton Township), I direct my Executrix or Executor, as soon after
my death as she or he deem appropriate to sell the said real estate and to pay the net proceeds from
said sale, after paying all of the expenses associated with its sale in equal shares to my daughter,
Judith A. Hockensmith. If I have sold my said house prior to my death, I give an bequeath to my
daughter, Judith A. Hockensmith, a sum equal to the lesser of the net proceeds I received from the
sale of said real estate or the balance of the funds held by me with financial institution at the time of
my death. Should my daughter, Judith A. Hockensmith, predecease me or fail to survive me by a
period of ninety (90) days, then the share which she would have otherwise received shall pass to
her issue per stirpes.
6. All the rest residue and remainder of my estate, real, personal, or mixed and wheresoever
the same shall be situate I give, devise and bequeath to my daughter, Judith A. Hockensmith,
provided that she shall survive me by a period of ninety (90) days. In the event that my said
daughter should predecease me or fail to survive me by the aforesaid period of ninety (90) days,
then in such event all the rest residue and remainder of my estate, real, personal, and mixed and
wheresoever the same may be situate I give devise and bequeath in equal shares to such of her
children as shall survive me by a period of ninety (90) days, share any deceased child would have
received to pass to his or her issue per stirpes, and if there be no issue such shares shall lapse and
be added to the remaining share or shares per stirpes.
7. Should any person less than 21 years of age be entitled to distribution from my estate in
such event the share that person would otherwise have received shall be paid to my hereinafter
named Executrix or Executor in Trust. I authorize the herein named Trustee to receive and invest
the same, and to pay the income arising there from, together with so much of the principle there of
as in his or her opinion is necessary or desirable to be expended for the proper maintenance,
support, and education of such person, to or for the benefit of such person, and upon such person
obtaining 21 years of age to pay to him or her the then remaining principle together with any
undistributed income.
8. In addition to the powers conferred by law, my herein named Executrix or Executor and
Trustees are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
Page 1 of 3
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property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other securities of which may
be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and all
necessary payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is
not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate shares
shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and partly
on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the
trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
e. ~ To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper management and administration of the
trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash or
in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any
division or distribution in kind may allot any specific security or property or any undivided interest
therein to any one or more of such shares, and to that end may appraise any or all of the property so
to be allotted and the judgment as to the propriety of such allotment and as to the relative value for
purposes of distribution of the securities or property so allotted shall be final and conclusive upon
all persons interested in the trust or in the division or distribution thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds
as may be deemed advisable or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital gains
shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be
retained as part of the corpus, and such designation need not be consistent from one year to
another.
Page 2 of 3
~ ~ ii
I hereby nominate, constitute and appoint my daughter, Judith L. Hockensmith, as Executrix
of this my Last Will and Testament, but should she predecease me or fail to qualify or cease serving
as such, then in such event I nominate, constitute and appoint my grandson, Thomas L. Shaffer and
Lorie Shaffer Stum, or either of them, as Executors and I further direct that none of them shall be
required to post any bond to secure the faithful performance of his or her duties in the
Commonwealth of Pennsylvania or in any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament written on one (1) page, this mat day of~~ 2006.
~/~-o~~..~-c.cQ ~, i~l~o-c,L' (SEAL)
FRANCES E. HOCH
Signed, sealed, published, and declared by Frances E. Hoch, the Testatrix above named, as and
for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the
presence of each other, have hereunto subscribed our names as attesting witnesses.
Page 3 of 3