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DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
ESTATE OF FRANCES E. HOCH, DECEASED
No. 21-10-0090
PETITION FOR ADJUDICATION/
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 69
This form may be used in all cases involving the Audit of the Account of a 1
Estate. If space is insufficient, riders may be anached. Attach the spouse's
any; the papers required under items 8-19 inclusive; and any instrument pe
adjudication.
INCLUDE ATTACHMENTS AT THE BACK OF THIS
Name of Counsel hen D. Tilev
Supreme Court I.D. No•: 32318
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Name of Law Firm: Frey a_nd Tiley I,
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Address: 5 Sou h Hanover Str~C-~r1~S1e PA 17013 I'
Telephone: 717-243-5838 'I
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Fax: 717-243-6441
Form OC-O1 rev. 10.13.06
Rage 1 of 10
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Estate of Frances E, Hoch, Deceased
1. Name(s) and address(es) of Petitioner(s):
nrome• Judith A Hockensmith
Address: 363 Green Spring Road Neu-ville PA 17?~I1
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
~I
N/A
Is this the first accounting by this fiduciary ................................_/ Yes
If not, identify prior accountings, the accounting periods covered, and the date c
Adjudication of the prior accounting. 1~/A
2. Decedent died on December 23 2009
~/ Letters Testamentary or Letters of Administration were granted
Petitioner(s) on January 27.2010
Date of Will (if applicable): February 2..2006
Date(s) of Codicil(s) (if applicable):.
Date of probate (if different from date Letters
Was a bond required? Yes ~/ No If yes, state
Are proofs of advertising of the grant of Letters attached?.......... ~/ Yes
Dates of advertising of the grant of Letters: Cumberland Law Journ 1
& 26 2010 The Sentinel• Februa_rv 10 17 & 24 2010
3. Was decedent survived by a spouse? .................................. Yes ~/ N
If yes, name of the surviving spouse_ N/A
Fore: OC-Ol rev. 10.13.06 I ge 2 of IO
Estate of Frances E. Hoch, Deceased
4. Has the surviving spouse filed to take an elective share?..... Yes No
($gg Section 2201 et sea. of the Probate Estates and Fiduciaries Code)
~A
If yes, date of election:
5. In the case of intestacy, state the names of the decedent's surviving childre~ or
surviving issue of deceased children (if none, so state): ',
N/A
6. Did decedent marry after execution of Will or Codicil(s)?.........,_Yes ~No
Were any children born to decedent after execution of
Will of Codicil(s)? ..................................................................... Yes
)f yes, give names and dates of birth: N/A
Name:
Date of Birth:
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7. If required by the Medical Assistance Estate Recovery Act, ',
62 P.S. § 1412, was a request for a statement of claim sent to ',
The Department of Public Welfare? ................................... ~/ Yes NO
8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has
been or will be given to all parties in interest listed in item 9 below, all un 'd
creditors and all claimants listed in item 10 below. In addition, notice of ny
questions requiring Adjudication as discussed in item 14 below has been ~r will
be given to all persons affected thereby.
Form OC-01 rev. 10.13.06
Page 3 of 70
it
Estate of Frances E. Hoch, Deceased
A. If notice has been given, attach a copy of the Notice as well as a list oif the
names and addresses of the parties receiving such Notice. (Listed at item 9)
Copies of Notices Attached
B. If Notice is yet to be given, a copy of the Notice as well as a list of th names
and addresses of the parties receiving such Notice shall be submitted t the
Audit together with a statement executed by a Petitioner or counsel ce ifying
that such Notice has been given.
N/A
C. If any person entitled to Notice is not sui juris (e.g., minors or incapac
persons), Notice of the Audit has been or will be given to the appropri
representative on such party's behalf as required by Pa. O. C. Rule 5.2
D. If any charitable interest is involved, Notice of the Audit has been or ill also
be given to the Attorney General as required under Pa. O.C. Rule 5 5. In
addition, the Attorney General's clearance certificate (or proof of servi a of
Notice and a copy of such Notice) must be submitted herewith or at th Audit.
9. List all parties (charitable and non-charitable) of whom Petitioner(s) has ave
notice or knowledge, having or claiming any interest in the estate as beneficiaries
under the Will or Codicil(s) or as intestate heirs if there is a complete or ~artial
intestacy:
A. State each party's relationship to the decedent and the nature of each it
party's interest(s):
Laredo Texas 78041
Form OC-01 rev. 10.13.06
P ge4of10
Estate of Frances )/. fIoch, Deceased
3 rin R ad Re ,~+ to . t 5
ewvill PA 17241 h' r R d
ewv' 17241
And 1 % i
B. Identify each party who is not sui juris (e.g., minors or incapacitated rsons),
for each such party, give date of birth, the name of each Guardian and how
each Guardian was appointed. If no Guardian has been appointed, ide tify the
next of kin of such party, giving the name, address and relationship of each.
N/A
I
C. State why a Petition for Guardian/Trustee Ad Litem has or has not bee
filed
for this Audit ee Pa. O.C. Rule 12.4),
t
N/A
D. If distribution is to be made to the personal representative of a decease party,
state date of death, date and place of grant of Letters and type of Lette
granted.
N/A
I
10. Other than the claim for the family exemption, list the names of all kno n
claimants and the amount of their claims and state whether each claim i~s
admitted.
Form OC-Ol rev. 10.13.06 P ge S of 10
I
Estate of Frances E. Hoch, Deceased
Name and Address of Each Claimant Amount of Claim Claim Will Claim
Admitted Be Pagid in
Yes_ _Ye~
N/A
No 110
Yes_ _Y I s
No 0
Yes_ .-Yqs
No l~o
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Yes '
No __ _ ]
ff the estate is insolvent, attach a schedule setting forth the order of preference ur
Pa. C.S. § 3392 and the proposed payments.
11. Was family exemption claimed? ................................. Yes _~No
Was family exemption allowed? .....................N/A............ Yes No
Family exemption claimant's name and relationship:
Nmne:
Form OC-Ol rev. 10.13.06
20
P~ge 6 of 10
VIII
Estate of Frances E. Hoch, Deceased
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania
Estate Tax paid, the. date(s) of payment(s), and the interest(s) upon which paid, ire as
follows:
Date
Payment
Interest
13. On the date of death, was the decedent a fiduciary
(personal representative,trustee, guardian, agent under power
of attorney) or surety on the bond of a fiduciary? .................. Yes
If yes, provide the name of the estate, indicate whether an account has
filed and confirmed absolutely and all awards performed, or, in the alt
how the decedent's estate will be discharged for the decedent's fiducia
administration of the estate.
14. A. Describe in detail any questions requiring adjudication and state the
the Petitioner(s) as to each question:
None
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above?............ Yes
15. If Petitioner(s) has/have knowledge that a share has been assigned, rent
disclaimed or attached, provide a copy of the assignment, renunciation,
attachment, together with any relevant supporting documentation.
1VL
16. Had the decedent been adjudicated an
incapacitated person? ..........................................................._Yes
If yes, attach a copy of the Order if available; otherwise state the
term, number, date, and name of Hearing Judge.
0
been
of
or
Form OC-Ol rev. 10.13.06 Ppge 7 of IO
Estate of Frances E. Hoch, Deceased
17. A. List or attach a separate list of additional receipts and disbursement since
the closing date of the Account.
II
None 'I
III
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B. Has notice of the additional receipts.and disbursements been
given to the parties identified in Paragraph 9 above_Yes o i~Q/
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18. If a reserve. is requested, state amount and purpose. II
Amount: N/A
Purpose: I~
i
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If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been
given to the parties in interest? ............................... Yes o
If so, attach a copy of the notice. Describe in Account.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? ............................. Yes ~/ No
As to real estate only? ....................................................... Yes NR
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the
entitled and suggest(s) that the distributive shares of income and princi~
(residuary shares being stated in proportions, not amounts) are as follo~
A. Income:
Proposed Distribution(s)
Form OC-01 rev. 10.13.06
AmountlProportio~t
P~ge 8 of IO
I
Estate of Frances E. Hoch, Deceased
B. Principal
Fran
Adju
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the P
states
unsw
Form C
Proposed Distribution(s) Amount/Proportion
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o x 7041
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w 'll PA 7241 0 •f
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Submitted By: II
(All Petitioners must sign,
Add additional lines if necessary):
r
J ith A. Hockensmith
Verification of Petitioner li
(Verification must be by at least one petitioner.)
The undersigned hereby verifies she is Executrix of the above-named Es to of
;es E. Hoch, that the facts set forth in the foregoing Petition for
3ication/Statement of Proposed Distribution which are within the personal
ledge of the petitioner are true, and as tp facts based on the information of o ers,
~titioner, after diligent inquiry, believes them to be true; and that any false
vents herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relatin to
orn falsification to authorities).
I
CI
J 'th A. Hockensmith
~C-01 rev. 10.13.06 P ge 9 of IO
Estate of Frances E. Hoch, Deceased
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for
Adjudication/Statement of Proposed Distribution is a true and accurate reproduce
the form Petition authorized by.the Supreme Court, and that no changes to the fc
been made beyond the responses herein.
Stephen D. Tiley, Esquire
Forns OC-01 rev. 10.13.06
of
have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND .
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the ounty and
State aforesaid, being duly sworn, according to law, deposes and says that the Cum erland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and S to aforesaid,
was established January 2, 1952, and designated by the local courts as the official le al
periodical for the publication of all legal notices, and has, since January 2, 1952, be n regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumbe land Law
Journal on the following dates,
Affiant further deposes that he is authorized to verify this statement by the C Berland
Law Journal, a legal periodical of general circulation, and that he is not interested in~e sub'ect
J
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Lis arie Coyne, Edi r ',
SWORN TO AND SUBSCRIBED before me this
26 day of February 2010
.,~
_,,. Notary
Noah, !'raases E., deed.
Late of North Newton Township.
Executrix: Judith A. Hockenamith
c/o Stephen D. They, Esquire, 5
South Hanover Street, Carlisle, PA
17013.
Attorneys: Frey and Tiley.
NG"i1~.RiA1 EAL
L7ESf7RAH A C LL1NS
Notary Pu iic
~ARL151.E BURO, CUM1B RL4ND CpUN7Y
,~Cvty Cc~mmisslon E;<pira Apr 28, 2010
P~®II~' ®F PI~L~ICATION
State of Pennsylvania, County of Cumberland
Tames IQeinklaus Director of Sales and Mazketing, of The Sentinel, of the County and
State aforesaid, being duly sworn, deposes and says that THE SQL, a n 'wspaper
of general circulation in the Borough of Cazlisle, County and State aforesaid, as
established December 13,1881, since which date THE SENTINEL has been r gulazly
issued in said County, and that the printed notice or publication attached here o is
exactly the same as was printed and published in the regulaz editions and iss es of
THE SE1V'I'IlVEL on the following day(s): !,,
February 10,17 and 24, 2010 ',
COPY OF NOTICE OF PUBLICATION
--
~YNOTICE .. ,.
L Testamentary in tlt~ Eatste of FRANCES E. NOCH, Tate of North
• Nawton Township, Cwnberland County, PennayNenia, deceased, have
been granted m the undersigned.'
AY persons knowing.themeeMea to be indebted to said Estate will make .
payment knmedlatey, and those having deima wNl prosent them for
. setNe111ML 10'. -
Judith A. Hodcensmith, Executrix
do Stephan D. Tiley, Enquire
5 South Hanover Street
Carlisle, Pennsylvania 17013.
Fray and TAY
Altlxneys ,
f
Affiant further deposes that he/ a is not
interested in the subject matter of the
aforesaid notice or advertisemen and that
all allegations in the foregoing st tement as
to time, place and thazacter of p lication
are true. ~ ~ ',
Sworn to and subscribed before rrie this
acJ~~n,~,~. cal ~l~„Q.Vi1.t~o~(~1(~
Notary Public
My commission expires:
NOTAi110111Rt#!
9A8181 ANN F~OILENOOItN
Notary Publk '
CARLISLE 80ROUGH, CUMBERLAND CNT~I
My Commission Expires Jan 27.2014 II
F t
IN RE: ESTATE OF FRANCES E. HOCH: IN,THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
FILE NO. 21-10-0090
I
TO: Robert L. Hoch: ~I
AUDIT NOTICE
The First and Final Account and Proposed Schedule of Distribution of Judith
Hockensmith, Executrix under the Last Will and Testament dated Febn.tary 2, 2006, of Frances
E. Hoch, Deceased, has been filed with the Clerk of the Orphans' Court Division of he Court of
Common Pteas of Cumberland County, Pennsylvania, and will be called for audit b ore the
Honorable Judges of said Court on August 24, 2010, at 10:00 a.m. in Court Room o.1 of the
Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvani 17013.
Your interest in the Estate consists of: Specific bequest of $25,000.00 pursuant to II
paragraph Third. ~ I,
Cumberland County Rules provide as follows:
Objections to an account or to the statement of proposed
distribution, or both, must be filed in writing by not later than 9:00
a.m. (prevailing time) of the date fixed for confirmation unless
otherwise permitted by the Court prior to confirmatlon. A copy of
the Objections shall be served on the accountant or the
accountant's attorney.
(The Executor or Executrix is the "Accountant" as described in the Rules.)
The Court will be asked to approve the Account and Proposed Schedule of
as sta#ed and to make awards in accordance with the provisions of the Will of Frai
Hoch, Deceased. Copies of the Account and Will are enclosed.
It is not necessary that you or your counsel appear at the audit. However, if
any objections to any items in the Account and Proposed Schedule of Distribution,
disagree with the position the accountant has taken on any claim, it is necessary tt
them in writing as described above. You should also appear at the time and place
above in person or by counsel. Otherwise the Court will assume that you have no
and may approve the Account and Proposed Schedule of Distribution as stated.
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if you
you file
If you have any questions regarding the contents of this letter, the Account a
Proposed Schedule of Distribution of the Executrix, or the Will of Frances E. Hoch,
please contact the undersigned.
Dated:/~~'~~- ~~~®l~
S ep n D. Tiley, Esquire
Attorney for Executrix
5 South Hanover Street
Cariisle, PA 17013
(717) 243-5838
,-
IN RE: ESTATE OF FRANCES E. HOCH: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
FILE NO. 21-10-0090
I
TO: Judith A: Hockensmith: ~I
AUDIT NOTICE
The First and Final Account and Proposed Schedule of Distribution of Judith
Hockensmith, Executrix under the Last Will and Testament dated Febnaary 2, 2006, of Frances
E. Hoch, Deceased, has been filed with the Clerk of the Orphans' Court Division of he Court of
Common Pleas of Cumberland County, Pennsylvania, and will be called for audit ore the
Honorable Judges of said Court on August 24, 2010, at 10:00 a.m. in Court Room .1 of the
Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvani 17013.
Your interest in the Estate consists of: Specific devise of 465 Shippensburg Road, Newville,
PA, pursuant to Will paragraph Fifth, and 10096 of residuary pursuant to Will paragr ph Sixth.
Cumberland County Rules provide as follows:
Objections to an account or to the statement of proposed
distribution, or both, must be filed in writing by not later than 9:00
a.m. (prevailing time) of the date fixed for confirmation unless
otherwise permitted by the Court prior to confirmation. A copy of
the Objections shall be served on the accountant or the
accountant's attorney.
(The Executor or Executrix is the "Accountant" as described in the Rules.)
The Court will be asked to approve the Account and Proposed Schedule of
as stated and to make awards in accordance with the provisions of the Will of Frai
Hoch, Deceased. Copies of the Account and Will are enclosed.
It is not necessary that you or your counsel appear at the audit. However, if
any objections to any items in the Account and Proposed Schedule of Distribution,
disagree with the position the accountant has taken on any claim, it is necessary tt
them in writing as described above. You should also appear at the time and place
above in person or by counsel. Otherwise the Court will assume that you have no
and may approve the Account and Proposed Schedule of Distribution as stated.
If you have any questions regarding the contents of this letter, the Account a
Proposed Schedule of Distribution of the Executrix, or the Will of Frances E. Hoch,
please contact the undersigned.
Dated:~u~-mac, ~}~ ~,2D/f~
r - .~ ..v -~..~
Ste hen . Tiley, Esquire
Attorney for Executrix
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
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you file