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03-12-10
PETITION FOR PROBATE AND GRANT OF IJL~"I'TERS REGISTER OF WILLS OF C 4 M ©r~TLGAII(~ COUNTY, PENNSYLVANIA Estate of Seantnt m . Hob also known as Jt'Qnnr, $. /-~e ,i (.~ ~ - . Deceased File Number .Z~'/ O '~ ~..17~ Social Security Number ~' blb- 32 - ~/ ~ 7 O rettttoner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or ']3' BELON%) A. Probate and Grant of Letters Testamentary and aver that Petitioner`}is /are the neOrN ~ • HO b4Md~t ~~ named in the last Will of the Decedent dated /'11 arch 3/, apo$ ~,~~., N relevant cirnautancer, e.g., renunciation, deaf] ajexecutor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N//~ ^ -. Grant of Letters of _~ i --~'-'~ I ._ ~ ~: offetfgd :? (/japplicabie, enter: c.r.n.; d.b.n.c.t.a.; paidente lice; durnnte absentia; durance Petitioner(g) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (lj Adutiaestration, c.t.a. or d.b.n.c.t.a., ewer date ojWill in Section A above and complete list ojhetrs.) domiciled at death in C (Liststreeladdress, torn/cfgt fowasbip, comity, state, zip her ~ast~rincip~l residence at Decedent,then_~_yearsofage,diedon .T4tra6/~a.~009at HObat;: ~6 ~-: ~t~'aAr7~(t~~. Decedent at death owned property with estimated values as follows: If domiciled in PA ~ ,~ ( ) All personal property $ s' Oq0 (If not domiciled in PA) Personal property in Pennsylvania $- (Ifnot domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ S''. ~~ eo situated as follows: ~~ ~ ~i^ //I " inns GC ~..o /i.....~ d//... ~-._ /! ._ . ~ ... .. Fonn RH'-U? rer. l0./3AG Page 1 oft (COMPLETEINALL CASES:) Attach additional sheets ijnectssary. Wherefore, Petitioner(s) respectfully rcquesgs) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in tl a appropriate form to the undersibned: Oath of Personal Representative COMMOI~rWEALTH OF PENNSYLVANIA SS COUNTY OFS1.LIlA(3E)2LiEA1D The Petitioner(s) above-named swears} or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the lrnowledge and belief of Petitioner(s) and that, as persona] iepresentative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. ~~~ Swom to or affirnted and subscribed before me the _____~L~- day of f F he Register Sigunrure oJPetaonnl Represenmtive Signnwre oJPeisnnnl2epresenmtive File Number: °Z/- ~ ~ "' ~G~ 7 r.~ 0 ,® , ; i ~_ ~ ~ ~,.'- `I _.. .. ('' :~'} p. -~~ ?. -~~ "_ ~~~,~ ... _ ~,:,:.t .: i-~-^ ~ .z Estate of cTE4/II~C ~ f~0 aK. TCICnnt $ ~~~ ,Deceased Social Slecurity~Nu~m+b~er~:.~,a~0fi - 32 ~ 4~~ 7d Date of Death: fk~tK /~, ZbO~j AND NOW, `7 / / ""w' ~ ~02 aa~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters _ TES~IIY1~,try are hereby granted to ~/~y ~' ffO,~r,~q/, /~, in the above estate and that the instrument(s) dated f7M/Y.fj 3/, ~ZOD3 described in the Petition be admitted to probate and filed of record ~~the last Wjl] (and Cgdicil(s)) of I~c~dent. ~ FEES Letters ............... ~ ~• ~ Short Certificate(s) ........ $ Q: ~ Renunciation(s), . .. , , , $ .. $~~ ~ .. .. $ .,. $ ,., $ .~ TOTAL .............. ~-1~C~`iJ+ _ ersona/ Representnlive E. Ho6Mt6N J Register ajN?(!s /~ ~ %~J~ Attorney Signature: ~~z~'Q r,~,~jf C • ~~~~r~„~ !1r '~C Attorney Name: t-/1R!'IPS ~ cs~)~e,~d/S .[~ Supreme Court LD. No.: 3~s/.3 Address: ~o C~OkSG/' ~Pd lYl~ehdnics6Krg PA l7oss- Telephone: ~~7 - 7Lb -o zo9 for-rn RFI'-U? ter. lUJ3.UG PdSE ~ Of 2. o~ro~) LOCAL REGISTRAR'S CERTIFICATION OF DEATH /O ~~~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 1..5659038 Certification Number '- /32-047 I. r..,roarrrHatrrr. Jeanne -w.#.r~tYq~ 66 Tq M o..yrwr Cumbarlaad 26 Arles Drive B t] r.r ^ narr.e.ew ! ~ _ Otsyr.r 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 forwazded to the State Vital Records Office for permanent filing. ~~, ~ ~~ ~~~~~~9 Local Registrar Date Issued N o o _.9 -:: sa . ~ ~ ~ ai C _ ~ ~ N Cii~ 7 ..t. ~ <.... ~ 7 `?"f Tl ~7~ ~ CO~n+ GF P~pnwr~u- r OEPngTM~ir o f -~xrri • m~u ~conos ~(sR~NE~ na ~• ~e~ jH' sr~[ FlI.E Mr~i6e M 1lobau h Feaala aro+rr~rw. aorrrraa-t r aor +406 - 32 - 9170 June 14 ~.. r... Dec. 2. 1942 E1sir Y « ~, o,rr w~yrr.ar~.rr, ishVt'9i ~ Orrw, ^a~abrr, Ooa a,. rrrrr tl /rrvtprrrrr,p FIIrIWOrrlaq,bpry,~ IY, Upper Allen 2b Andee Drive a!'!~+!w?~ 8100 _ P. r.~ June as 1Yr rm oriy arttla,dr-~rrr,tprr,« •"^^~.rrarrrwrw _ MrV.Mt ^rMr.lrrlaar~.MYSitrbV-~r+Wayillr /r1t00NDTaY~ r.wrwrr4oaaK i par~Owi rw~rwrarr.wayrrar,rrrYr , ~"'~T~~---a .. 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Hobaugh, a resident of the State of Pennsylvania, County of Cumberland, and City of Mechanicsburg; and being of sound mind and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, thereby, revoking and making null and void any and all other Last Wills and Testaments and/or Codicils to Last Wills and Testaments heretofore made by me. All references herein to this Will shall be construed as referring to this Last Will and Testament only. FAMILY CLAUSE At the time of executing this Last Will and Testament, I am unmarried. The names of my children are listed below. If I do not leave any property to any of my children, my failure to do so is intentional. Anita t<. Connors Henry E. Hobaugh III RESIDENCY CLAUSE Having in mind the possibility that I may temporarily reside outside of, or simply be absent from the State of Pennsylvania, County of Cumberland, and City of Mechanicsburg, at the time of my death, I elect and hereby declare that this Will and each and every disposition and provision contained herein shall be construed and regulated by and in accordance with the laws of said State of Pennsylvania. It is my desire that this Will be probated in the State of Page 1 of my Last Will and Testament #456881 (S ature) Pennsylvania, my place of domicile, and that the principal administration of my estate be had in said State of Pennsylvania and that none of the assets of my estate which may be found in my place of domicile, be remitted to any other jurisdiction for administration or distribution. DEBT CLAUSE I direct that the executor named pursuant to this Last Will and Testament review (as soon after my death as practical) all of my just debts and obligations, including funeral expenses and the expenses incident to my last illness; excepting those long term debts secured by real or personal property which may be assumed by the Heir of such property, unless such assumption is prohibited by law or upon agreement by the Heir. The executor shall pay these just debts only after the creditor provides sufficient evidence to support their claim. My executor shall pay out of my gross estate, as if they were my debts, and without proration or appointment, al] estate and inheritance taxes, by whatever name called; (including any interest due thereon) becoming payable because of my death in respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Last Will and Testament. I further direct that if any Heir or Heirs named in the Distribution Clause of this Last Will and Testament should be indebted to me at the time of my death, and evidence of such indebtedness is provided or made available to the Executor of my estate, then that share of my estate which I give, devise, and. bequeath to any and each such Heir shall be reduced in value by an amount equal to the proven indebtedness of such Heir or Heirs, unless I have specifically provided in the Distribution Clause of this Last Will and Testament for the forbearance of such debt; otherwise, the value of the unforgiven indebtedness shall be either added to the share given to the remaining Heir, if there be only one remaining Heir named in the Distribution Clause, or equally divided. between or among the remaining Heirs., if there be more than one remaining Heir named in the Distribution Clause(s). Page 2 of my Last Will and Testament (Sign re} COMMON DISASTER CLAUSE This clause is not applicable as to the Principal Heirs. PRINCIPAL DISTRIBUTION CLAUSE I give, .devise, and bequeath to the persons named below (my "Principal Heirs'), if he or she, whichever the case may be, shall survive me, all of the residue and remainder of my gross estate after payment of all my just debts, expenses, taxes, administration and individual bequests, if any, as provided in the Distribution Clause, in the percentages set forth below. 1. Name: Anita L. Connors Relation: Child Percentage: 50% In case such Principal Heir does not survive me, I direct that the share of my estate which would have been given to such Principal Heir shall be distributed to The children of Anita L. Connors to be divided equally. 2. Name: Henry E. I-Iobaugh III Relation: Child Percentage: 50 In case such Principal Heir does not survive me, I direct that the share of my estate which would have been given to such Principal Heir shall be distributed to: The children of Henry E. Hobaugh III to be divided equally. If there are no children, my surviving child. DISTRIBUTION CLAUSE I give, devise, and bequeath to the persons named below if he or she, whichever the case may be, shall survive me, the following items of property: This clause is not applicable. Page 3 of my Last Will and Testament _ __ _ (Signature) ~_,~. .. EXECUTOR APPOINTMENT CLAUSE (A) I nominate, constitute and appoint my child, Henry E. Hobaugh III, to be the Executor of my Estate. (B) If, for any reason, my first nominee Executor should fail to qualify or be unable or unwilling to accept or to continue as the Executor of my Estate, I nominate, constitute and appoint my child, Anita L. Connors, to be the Executor of my Estate. (C) If for any reason, all of the nominees designated above in Paragraphs (A) and (B) should fail to qualify or be unable or unwilling or to continue as Executor of my Estate, I nominate, constitute and appoint my grandchild, Stephen P. Connors, to be the Executor of my Estate. EXECUTOR POWER OF APPOINTMENT CLAUSE (A) All directives in this Will that use by reference the word Executor mean and include any person named 1-ierein as my Executor (or personal representative, as may be defined under State Laws) and any person who may be acting in either capacity, at any time.. Such person shall have reasonable discretion under the directives of this my Last Will and Testament with respect to any property, real or personal, left by or held by me, or acquired by my Executor on behalf of my Estate. (B) As I wish my Executor to exercise broad and reasonable discretion in dealing with my Estate, so as to be able to do everything he or she deems advisable for the best interest of my Fstate and the Heirs thereof, I direct that my Executor perforixi all acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned in this Will, with relation to any such property, as if the absolute owner thereof; and in connection therewith, to make, execute and deliver any instruments, and to enter into arry covenants or agreements binding my Estate or any poxtion thereof. (C) No such person named in, or appointed in connection with this Will in a fiduciary capacity shall be required to file any bond or other security for the faithful performance of his or her duties as such fiduciary in any jurisdiction; and if, despite this directive, a bcmd should be required, I request that it be accepted without sureties and in a nominal amount. Page 4 of my Last Will and Testdrtmeni ,_ (Si aiure) NON-LIABILITY OF FIDUCIARIES Any fiduciary, including my Executor and any trustee, who in good faith endeavor to carry out the provisions of this Last Will and Testament, shall not be liable to me, my estate, or my heirs, for any damages or claims arising because of their actions or inactions based on this Last Will and Testament. My estate shall indemnify and hold them harmless. SAVING CLAUSE If a court of competent jurisdiction shall at any time invalidate or find unenforceable any provision of this Will, such invalidation shall not be construed as invalidating the whole of this Will. All of the remaining provisions shall be undisturbed as to their legal force and effect. If a court finds that an invalidated or unenforceable provision would become valid if it is limited, then such provision shall be deemed to be written, deemed; construed and enforced as so limited. Page 5 of my Last Will and Testament ~" (Siena re) IN WITNESS WHEREOF, I, the undersigned Testator, declare that I sign and execute this instrument on the date written below as my Last Will and Testament and further declare that I' sign it willingly, that 1 execute it as my free and voluntary act for the purposes expressed in this document and that I am eighteen years of age or older, of sound mind and underno constraint or undue influence. ' afore o eanne S. Hob ugh) ~N: ~6~~~~~~~~a Date: ,,;~~~(~ Page 6 of my Last Will and Testament _ _ (S atvre) ATTESTATION CLAUSE This Last Will and Testament, which has been separately signed by Jeanne S. Hobaugh, the Testator, was signed, executed and declared by the above named Testator as his or her Last Will and Testament in the presence of each of us. We, in the presence of the Testator and each other, hereby subscribe our names as witnesses to the declaration and execution of the Last Will and Testament by the Testator, and we declare that, to the best of our knowledge, said Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. { (Signature of witness) (Print Name) Date:~3,~fZ~ _l~~ ~.Cl~~s KY/1T (Address} L [1es~nrrs~i~.,~~255 (City, state, 'LIP) sy (Signature of witness) (Print Namel Date: (~ ' ?J ~ - a~J~ ~ ~j~ elA~w, r ~GLu D/ t°~bt/ ~ (Address) rl e~a n ~ e s~ r1c~..~ ~~_ l7_o,s s' (City, State, ZIP) 3. ~~--~ ~ ~D~i~sl ~ c~ • G v L c c ~ (Signature of witness) (Print Name) Date _3 31-0 3 Au~~r;oN PH2tL --- - --- - (Address) (::ity, State, !IP) Page 7 of my Last Will and Testament _ ( gtiaturel -__ _ SELF-PROVING AFFIDAVIT State of Pennsylvania County of Cumberland I, Jeanne S. Hobaugh, the undersigned Testator, being first duly sworn, do declare to the undersigned authority that I signed and executed the attached or annexed instrument as my Last Will and Testament and that I signed it willingly, that I executed it as my free and voluntary ac# for the purposes expressed in that document and that at the time I signed the document I was eighteen years of age or older, of sound mind and under no constraint or undue influence. Date: ~ ~/ __ i ature of J nne S. Hobaug We, the undersigned witnesses, being firsYduly sworn, do each declare to the undersigned authority the following: (1) the Testator declared to each of us that the attached or annexed instrument is his or her Last Will and Testament; (2) the Testator executed the will in our presence; (3) each of us, in the presence of the Testator, signed the will as witness; and (4) to the best of our knowledge the Testator is eighteen years of age or older, of sound minds anted under no constraint of undue influence. y~j (Signature of witness) (Print Name) (Signature of witness) PPrint Name) (Signature of witness) (Print Name) Acknowledgement of Notar~Public: sa- Subsc::ribed, sworn and acknowledged to on this ~~ day of _~,~-~f~ _ _; 20 0~ bnne S. Hoban h, a T to or, and _/~ ___ _ _J -~Zt~~~ end .~__L'~.._. C~ UL 1 C !~__, as. w:ibtesses. Witness my hand and. seal. Signature of Notary rublic: Notarial Soal Bonita R. Madera, Notary Public Upper Allen Twp., Cumberland Cour~iy My Commission Expires Nov. 1, 2004 Member, PerngyNanla Aseociatlon of Notarloe