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Home My WebLink About11-02-05IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. a~-05-Ogt,8 ORPHANS' COURT ESTATE OF STERLING M. HOFFMAN PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE STERLING M. HOFFMAN TO BE INCAPACITATED AND TO APPOINT CARL D. BERGMAN AS GUARDIAN FOR HIS PERSON AND HIS ESTATE ~..~ ~~ _z, ~~.a , ~, ~-, n" -i'7 ~? TO THE HONORABLE, THE JUDGES OF SAID COURT: ~,_, -' _ ` -', - y C"-) The Petition of Carl D. Bergman respectfully represents that: ~_~' -- _: c ~:a . , ~, =~ • • --, 1. Your Petitioner, CARL D. BERGMAN, resides at 515 Gettysburg Pike, Me`B~anicsbu g, Cumberland County, Pennsylvania 17055. 2. The alleged incapacitated person is Sterling M. Hoffman, a divorced man, age 84, who resides in an apartment at 815 Windsor Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The alleged incapacitated person was divorced from Fleur Giacomo, and has not had contact with her in quite some time. Her whereabouts are unknown. 4. The only known relatives of the alleged incapacitated person are his two sons, Robert and Joseph Giacumo, whom Mr. Hoffman has not had contact with since they were infants. Their whereabouts are unknown. All that is known is that their mother had the children's names changed to Giacomo in 1963. A copy of a portion of the Notice is attached is Exhibit "A." 5. On or about October 25, 2005, Sterling M. Hoffman was admitted to Holy Spirit Hospital after collapsing due to a intra-cranial hemorrhage which has not improved and he continues to reside at Holy Spirit Hospital from the date of his admission. satisfied that the interests of the •aaid infant will be substantially promoted by such ehadga and it appearing to the satisfaction ~ of the court that said petitioner wag born on the 10th day of Novem- ber, 1947, in the City of Schenec- tady and-that said petitioners.birth certificate bears No. 139644 and on motion oY Davie M. Elkin, attorney Por the petitioner, it is hereby ORDERED, that the said Robert Leonard Hoffman beand hehere- Ly is authorized to assume the name of Robert Leonard Giacvmo in place of his present name on and after the 23 day of September, 1863, and it ie further ORDERED THAT THIS olds! he.enteredand the papers on which it was granted be filed within tan date Yrom the date hereof in the office oP the county clerk of the county of Scheneetadyand that a copy of this order be published within tan days after. the entry .thereof in the Schenectady Gazette, a newspaper published in the aaid county of Schenectady at least once. 'Entered: ...- "a~'- Arciaipam C: WBmple STATE OFNEW YORK ~ COUNTY COURT SCHENECTADYCOVNTY In the Matter oP the Appilcation of Michael Edward Hoffman. an in- fant, by Fleur Giacumo,hia mother, Upon reading and filing the pe- Ytion of ?:'lour Giacumo, verifiedi the 19th day of March, 1969, pray- ,~ ing for leave to assume the name of Michael Edward Giacumo in place of his present name, and the 1 court being satisfied by said pe- tition that the same is true and - there is no reasonable obiection to the change of name proposed;-and x' the said Michael Edward Hoffman i Laing an infant oP the ageoffour- i lean years and the father of Mi- chael Edward Hoffman showing no infereet in the welfare of the child ~. gnd not seeing hls son since the 'mother was granted custody of him - 9n Tune 10th, 1952, and further -after deligent search.. having been made over the past year of the whereabouts of .the father of Mi- chael Edward ~ Hoffman without ~~. kucceas and the court batng -fur leer sattsfied that the intererte of She aaid infant will tie 6ubatantlalty promoted by such change and it ap- 'peartng to the aatisfactton of the Gcourt that said petitioner waa born °tin the 27th day of. Sanuary, 1949, in the City of Schenectady. and that :aaid petittonera birth certificate bears No. 132 and on motion of Davis M. Elkin, attorney Sor the r' petitioner, is hereby ~ , ORDERED that this order be en- Hdward Hoffman be and he hereby • fa authorized to assume the name of Michael Edward Giacumo in place of hla present name on and •, after the 22 day of September, 1863, and it is further ORDER that th[a order be en- ~ tared and the papers on which it was granted be filed within ten days 6•mn the date hereof in the 9 office of the county clerk of the county of Schenectady and that a , ~copY of this order be published s withn ten day@ after the entry thereof in the Schenectady Gaz- ~ 8tte, a newspaper Published In the said county of Schenectady at least once. Entered: s/ Archibald, C. WempL ~~~~ tX~ ~~ C`~e~~~~.ex~~ .~#~ STERLING M. HOFFMAN p ~1 ~J 5 w~tidD 5'~~ /'~: ~Yj ~, ~~~S~~R,J ~I, STERLING M. HOFFMAN, of/1810 Market Street, Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all prior wills and codicils thereto by me at any time hereto- fore made. FIRST I direct that all my just debts and the expenses of my last illness and funeral shall be paid from the assets of my estate as soon as practicable after my decease. I authorize my personal representative to expend funds from my-estate, in such amounts as my personal representative shall consider necessary and desirable, for the purchase, erection and inscription of a suitable marker for my grave. r~ `~ SECOND v I give and bequeath all automobiles, household effects '~ and other tangible personal property, not including cash or a •a~ securities, owned by me at my death, together with all policies of insurance thereon, plus Five Hundre Dollars~($500.00~ to S i s Gam"-~'y~ v~i~- Prt~'~ ~~~4NC ~SBr1RCr /°fT CARL BERGMAN, of~007 Douglas Drive, Carlisle, Pennsylvania, and to his heirs. THIRD ~. I give, devise and bequeath the residue of my estate, ~~~~• ~~f ~ v ~rssr of every nature and wherever situate, to THE WORLDWIDEURCH ~~ ~i GOD, Box 111, Pasadena, California, 91123. ~J N~/0~ FOURTH All principal and income, until actual distribution to the beneficiaries, shall be free of the debts, contracts, assign- ments, alienations and anticipations of any beneficiary, and the same shall not be subject to any levy, attachment, execution or sequestration. FIFTH I direct that all taxes that may be assessed in conse- quence of my death, of whatever nature and by whatever jurisdic- tion imposed, shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 'S'IXTH My personal representative shall have the following powers in addition to those vested in him by law and by other provisions of this Will: :;~ ~ A. To retain any or all assets of my estate, real ~~ or ,personal, without regard to any principle of diversification, risk or productivity. B. To invest in all forms of property (including stock or other securities of my corporate fiduciary or its successor, or of a holding company controlling my corporate fiduciary or its successor, and common trust funds and mortgage investment funds, whether maintained by my corporate fiduciary or its successor or others), without restriction to legal invest- - 2 - menu , as he may deem proper, without regard to any principle of diversification, risk or productivity. C. To purchase investments at a premium or dis- count. D. To exercise all rights of a security holder or shareholder in any corporation; to give proxies; to join in any merger, consolidation, reorganization, voting trust plan, or other concerted action of security holders, and to delegate discretionary duties with respect thereto. E. To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property, and to give options for sales,. exchanges or lease,for such prices and `~ upon such terms or conditions as he deems proper. F. Te allocate receipts and expenses to principal V or income, or partly to each, as my personal representative thinks proper. G. To borrow money from my .corporate fiduciary or others and to mortgage or pledge any real or personal property as security therefor, in his sole discretion. H. To compromise any claim or controversy without - 3 - order of court or consent of any beneficiary. I. To exercise any option, right or privilege granted in insurance policies or arising from ownership of investments. J. To make any distribution herein provided for in cash, in kind, or partly in .each, at valuations fixed by my personal representative at the time of distribution. SEVENT,Hr/ I appoint CARL BERGNiAN, of"2007 Douglas Drive, Carlisle, N ~~ Pennsylvania, Executor of this, my Last Will and Testament. Should Carl Bergman predecease. me or for any reason fail to qualify as such Executor, or having qualified, fail to serve as such Executor, then I nominate, constitute and appoint~NB Bank, N.A., of Lemoyne, Pennsylvania, as my surviving Executor of this, my Last Will and Testament. EIGHTH My executor shall not be required to post security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of .which bear my signature - 4 - in the margin for the purpose of identification, this Z~~ day of ~ ~ 1981. terling M. Hoffman Signed, sealed, published and declared by the above- named Testator, STERLING M. HOFFMAN, as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence of each other, have hereunto sub- ~li ,/7p r/ s_~~~~ . ~~~~~ ~ i~~~ ~~ ~~~~` - 5 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: STERLING M. HOFFMAN, THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALI- FIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY / /j STERLING M. HOFFMAN, THE TESTATOR, THIS 2 1~~j DAY OF ~' Testator No ry Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~„r ~v C K-hl~r i3o~ary Public S+S+: (iii ,t ~( !:`fPi'(~'di i'C;l:L.tl'i8il(3 ^(`unty ~iy Cr;rn~iss~+~~n ExpirPS ~~r, f8, k6~2 Member, Pennsyivania Association of Notaries wE,,/~"!~/~ ~'''Gv/~a~FAND~/yY~~/S ~I~ ,/19i~/~z--~ THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRU~ MENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TESTATOR SIGN AND. EXECUTE THE INSTRUMENT AS HIS LAST WILL AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED ,• THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. SWORN OR A FIRMED THISZ~~ DAY OF~p~~~ TO AND SUBSCRIBED TO BEFORE ME, itu.. C. ttrn'er, Notary Public Ca,rrr !;l'.'; rot.o;i7, r;;,R~~~:rtand t:aunty Sdy C7~nr~;zsica ~FztA;cs la¢. la, T3$2 Member, Pennsylvania Association of Notaries '~~N RR ~\ _7 ~ , n~Oin r~ \ Not Public