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Home My WebLink About01-26-12 DEIDRE J. MARCH/ONNI 143 Vista Drive Easton, PA 18042 ~. = C s ~; ~~N N= J w , ~ Ms. Beverly Hamilton . ~, Z ~~ ^ f 11 South Penn Street ~ ~ ~ G~ ~.,~~z w - E- N r ;~ JUN ;,. - Shippensburg PA 17257 " x , ~~ RE: Registry/Estate Opening In Cumberland County, PA of Howard Hamilton v Dear Beverly: I hope this letter finds the family surrounded with God's peace in the recent loss of your uncle and mine, Howard, uncle Kitty, Hamilton. I left a message for you with my phone number, but did not receive a return phone call regarding Uncle Kitty's final wishes. Naturally, I did not know whether I was to act upon the documents Uncle Kitty had drafted up after Aunt Louise passed. Upon contacting the attorney, Theresa Hogan, Esq., who drafted Uncle Kitty"s first will, she informed me that he did not contact her nor make any changes to it. Upon hearing from her, I contacted the Cumberland County Registry of Wills Dept. i:o make sure I understood the status, as I was holding his original Last Will & Testament, as well as his Power Of Attorney designated to me until this day. It is with good intention that I was his and Aunt Louise's wishes to be executed and fulfilled. I understand that when he was released from Eastwood Rehabilitation Center on June 29, 2010 to your care he was transferred to Cumberland Crossing Retirement Center and after some time transferred to Elmcroft Assisted Living in Shippensburg, Pa. I understand that you had him execute a new document on July 28, 2010, and per Cumberland Cty and estate was opened. I will be forwarding the documents in my possession to the Cumberland County Office as well as Atty. Theresa Hogan. If the above information is accurate, I am requesting that you forward a copy of any changed/updated documents to Theresa Hogan, Esq. at the address attached. Uncle Kitty's passing is, no doubt, a difficult time for all and just want to ensure that I am doing the right thing. Continue to blessed and please update me. Tha s, // 2S' ZD l Z l D arc ionni CAMMONWEALTH OF P LVAPIIA NotaMal Cc: C~ Cty,, -Attu; _ l-k, ; 17) 240-634 Flower saenz u~~i: Gty of Easton, ampton My Commission Expires ]una 2~~~jjj 2018 Theresa Hogan, Esq. (Attachments) Member, PenneyNer~l~ ~ 9R Notsrtes ~-~`~ THERESA HOGAN ATTORNEY AT LAW 340 SPRING GARDEN ST. EASTON, PA. iH042-3533 (610) 256-0122 January 19, 2012 Ms. Deidre Marrchionni 143 Vista Drive Easton, PA 18042 Re: Howard J. Hamilton Dear Deidre: TELEFAX (610) 256-7520 May I confirm our telephone conference yesterday. You advised that you received information that Mr. Hamilton passed away on January 14, 2012, in Susquehanna, PA. Our office prepared a Last Will and Testament for Mr. Hamilton. and which was signed by him on February 12, 1998, copy of which is enclosed. No new documents were prepared or signed in our office. Thank you. Very truly yours, Theres ogan ~~~ ~. COO P~! LAST WILL OF HOWARD J. HAMILTON *** I, HOWARD J. HAMILTON, of the City of Easton., County of Northampton, Commonwealth of Pennsylvania, declare this to be my Last Will and hereby revoke any wills or codicils previously made by me. FIRST: I devise and bequeath the residue of my estate of every nature and wherever situate to my niece, DEIDRE J. MARCHIONNI, provided she survives me by thirty days. SECOND: Should my niece, DEIDRE J. MARC:HIONNI, predecease me or ~-~ ~ die on or before the thirtieth day following my death, I devise and bequeath the residue of my estate, of every nature and wherever situate, to my great-niece, DANIELLE APGAR, outright except that in the event DANIELLE APGAR is under the age of twnety-one years at the time she becomes entitle;d to distribution , I give devise and bequeath such share to NAZARETH NATION,4L BANK, as Trustee, to be held, IN TRUST for DANIELLE APGAR, for the following uses and purposes: A. To pay from the principal or income of the; trust such amounts as my Trustee may from time to time think reasonable for the support of Danielle Apgar, including both undergraduate and graduate education expenses and extraordinary expenses. B. To make distribution directly to Danielle Apgar or on Danielle Apgar's behalf in cash or in kind, or partly in cash and partly in kind, and in such manner as the Trustee may determine, and at valuations to be fixed by the: Trustee. THERESA HOGAN 4TTORNEY AT rJaw C. To pay from time to time as my Trustee may think advisable, such EASTON, PA amounts as may be necessary to defray medical expenses for Danielle Apgar, or expenses required by serious personal emergency of Danielle Apgar. D. To distribute the balance of all remaining I>rincipal and accumulated income upon or after Danielle Apgar's twenty-first birthday, and only upon Danielle Apgar's request for such distribution by a writing intended to take effect during Danielle Apgar's lifetime, executed by Danielle Apgar upon or after the beneficiary's twenty-first birthday and delivered to the Trustee. E. Should Danielle Apgar die before actual distribution to said beneficiary i ~I THERESA HOGAN ATTORNEY AT L4W EASTON, PA of all sums herein provided, all undistributed income and t;he then-remaining principal shall be paid to the estate of Danielle Apgar. THIRD: All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachment. FOURTH: I authorize my personal representatives and their successors, to exercise the following powers, in addition to those given by law, said powers to be exercised in their sole discretion: (a) to retain any real or personal property which may at any time form a part of my estate, as long as they deem advisable; (b) to invest in all forms of real and personal property, regardless of any limitations imposed by law on investments by Executors or Trustee; (c) to repair, alter, improve or lease for any period of time, any real or personal property and to give options for leases or sales; (d) 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 or leases; (e) to compromise claims; (f) to borrow, and to pledge property as security for repayment of any funds borrowed; THERESA HOGAN ATTORNEY AT LAW EA570N, PA (g) to make distribution in cash or in kind; (h) to exercise all power, authority and discretion given by this Will after the termination of any trust created herein until the same is fully distributed. The authorities shall extend to all property at any time held by my Executor or my Trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities, and discretion granted by this Will shall be in addition to those granted by law and shall be exercisable without leave of Court. FIFTH: All Federal, State or death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not such property passes under this Will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense.of the administration of my estate,. and shall be paid from my residuary estate without apportionment or right of reimbursement. All such taxes on present or future interest shall be paid at such time or times as my Executor may think proper, regardless if such taxes are then due. SIXTH: I appoint my niece, DEIDRE J. MARCHIONNI, Executrix of this my Last Will. Should she fail to qualify or cease to serve as rrry personal representative, I appoint NAZARETH NATIONAL BANK my Executor of this my Last Will.. SEVENTH: My corporate Trustee shall receive compensation for the performance of its functions hereunder in accordance with its standard schedule of fees in effect from time to time during the period over which its services are performed. EIGHTH: I direct that my personal representative and trustee appointed herein shall not be required to give bond for the faithful performance of their duties in Pennsylvania or any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this~v~ day of February, 1998. OWARD J. I.L ON The preceding instrument, consisting of this and three previous typewritten pages and the following Affidavit page, each identified by the signature of the testator w~ras on the day and date thereof signed, published and declared by HOWARD J. HAMILTON, the testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence and in the presence of each other have subscribed our names as witnesses hereto. THERESA HOGAN ATTORNEY AT LAW EASTON. PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF NORTHAMPTON: We, HOWARD J. HAMILTON, THERESA HOGAN, .and JENNIFER L. DORIA, the testator. and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of their knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~T-LAW Subscribed, sworn to and acknowledged before me by HOWARD J. HAMILTON, the testator, and subscribed and sworn to before me THERESA HOGAN ATTORNEY-AT-LAW, and JENNIFER L_ . DORIA, witnesses, this ~.~day of February , 1998. TARY PUBLI Notarial Seal Autumn K. Hill, Notary Public Easton, Northampton County My Commission Expires April 19, 1999 THERESA HOGAN ATTORNEY AT LAW EASTON. Pq HOWARD J. LTON ._._.._. POWER OF ATTORNEY . i~ ~ x '~3, ~" _.~ Y ~9i f coo I~j T, goward IIamilton, residing at 1048 West Nesquehoning Avenue, Easton, Pennsylvania, hereby appoint my niece, Deidre J. Marchionni, who resides at 1 Lakeview Drive, Newtown, Pennsylvania (herein called "my attorney"), as my true and lawful agent and attorney. I hereby authorise my attorney to act for me and in my name to perform any or all of the following acts with reference to any interest from time to time owned by me in property, real or personal, wherever located (herein called "property"), or other matters in which I from time to time may have a personal or financial interest: 1. To deposit in or withdraw from any bank, trust company, savings association, safe deposit company, broker or -other depositary or agent any moneys or other property and to examine or receive related records, including statements of account and canceled checks. 2. To rent safe deposit boxes in my name as depositaries for my property, and to open and enter on my behalf any safe deposit box rented or held by me alone or jointly with others, at any time ~o deposit in such box and to remove from such box any part or all of the contents thereof, including any security or tangible personal property, as often and. as freely as I could do if personally present, to cancel or modify the lease under which such box is rented and to surrender or exchange the same. 3. To retain, invest in, acquire by purchase, subscription, lease or otherwise, manage, sell at public or private sale, wholly or partly for cash or on credit, contract to purchase or sell, grant or exercise options to purchase, options to sell or conversion rights, assign, transfer, convey, deliver, endorse, exchange, pledge, mortgage, abandon, improve„ repair, maintain, insure, lease for any term and otherwise deal with all property, and to release and waive any right of homestead therein, if any. ~.. 4. To enter upon and demand possession of, maintain, manage, improve, subdivide, resubdivide, raze, alter, dedicate, vacate, partition, release, Iease or renew, amend or extend leases for any term, contract to make leases, grant options to lease or to purchase the whole or ariy part of the reversion, contract regarding the manner of fixing present or future rentals, grant „ ~., ~ ~ ,~ easements or char "es of an ~°`lan'~ on or r~vith respect to, and 'ltivate, irrigate and. operate, all 5g y u~`: m'''eal . t _ow~`T;her~a. er~ed by"rne mcIuc~ing enefic~al interests in any trust~and .. y t.~ -.,~ ~:. lea e o in(heres ~ e ate pro emen s ~_ egi'~ipment ;and supplies alone or with others b ~eneral~~i~ir acute artne s t iab~li om~panies, trust., agreements, joint ventures . ~ ~ ~+ , ~. , :,wwuti ,~~ , es Bement ~'or,,.agency agr~emen~s , , ,. ~ ~ ~, .y. ~~~~` ' }} '' ~; ~' r~~, t„ ,'~ Page 1 of 6 fi ~ -~n `~ ~,:.° . y H~~~S ~~ SSST66L809 %~3 90~ZT H03~ L6/ZZ/ZT ~~, ,, ~ ,. l i~ f 5. To borrow money at interest r~fes then prevailing :from any individual, bank or other source, and mortgage or pledge any pro~~y to any lender, including my attorney individually. 6. ?o determine my place of residence from time to time, to pay my ordinary household ex enses to arran c for and ay the costs of medical, dental, nursing, hospital, P ~ g P convalescent and other health care and treatment, including admission to hospitals, nursing homes, ' rest homes or other care facilities or institutions; to consent to treatmcnt, and to makc application for insurance, pension or employee benefits related to such health care and treatment, including, but not ]'united to, benefits under Social Security, Medicare and Medicaid; to obtain on my behalf copies of medical reports, summaries or other related information concerning me made or taken before or after the date of this instrument, including, but not limited to, records and/or communications, and to execute any written consents on my behalf for the disclosure of such records and communications under any provisions or act, referred to or defined by federal statute, statutes of any state of the Urrited States or ordinances, rules or requirements of any Local governmental municipality, authority or agency. ?. To demand, sue for, receive and otherwise take steps to collect or recover all debts, rents, proceeds, interest; dividends, annuities, securities for money, goods, chattels, bequests, income from properly, damages and all other property to which I may be entitled or which are or may become due me from arty person or organization; to commence, prosecute or enforce, or to defend, answer or oppose, contest and abandon all Legal proceedings in which I am or may hereafter be interested; and to settle, compromise or submit to arbitration any accounts, debts, claims, disputes and .matters now existing or which may hereafter arise between, me and any other person or organization and to grant an extension of time for the payment or satisfaction thereof on any terms, with or without security. - S. To continue to carry, purchase, •cancel or dispose of fire, casualty, property or income protection, medical, hospital, life; liability or other insurance and to pay any premiums thereon. ~~ 9. To sell and dispose of, as my attorney shall deem best, by private sale or otherwise, any shares of stock I now hold or may hereafter hold in any corporation, and any bonds or securities of the United States, any state, or any municipal corporations or private company, and `~ '~ `~ ` ~ ~, o ceive the consideration from the sale thereof, and for me and in :my name to execute such ~` {fers or assigiunents as shall be necessary to assign my said shares, bonds or securities to the use ter. purchasers, and to pay ariy and all reasonable charges in connection with the handling h ~' ecurrties: k~ ~',~,r,v~~;s ~ ;, `~ ~~.,. - o m " n or by general or limited proxy all voting and other rights, o e , eps _to real~ue all benefits, with respect to stocks or other o e' ester o`~or oppose,`'alone or with others, voting trusts, merger, sttres,~Tiqutdations rcorgamzations or other changes in the financial structure rtt~ . - ~_.. ~ r.: Page 2 of 6 ;~;', b yy~ ~ ~53` {{ yA .?y. 1~ L [ ~ N 5 `~`~~ ~ * ~`~` I~IdA[~I1~I3H~5 3'IdH SSSI6BL609 %V3 90 ~ ZT N03Q L6/ZZ/ZT -~..i~'~ .Y _ ~.~~. a ' 11. To retain, continue, operate, manage, organize, acquire, invest in, terminate and,dispose of, alone or with others, proprietorships, corporations, limited or general partnerships, limited liability companies, joint ventures, land trusts and other business or property holding organizations under the laws of any jurisdiction; to lease, sell, purchase or otherwise transfer any property to or from, make further investments in or advance or loan funds to, with or without security, and incur obligations on account of or for the benefit of, any ,such organization; and to employ any persons for such purposes and delegate to them such powers and discretions as my attorney considers advisable. 12. To undertake performance of ~' and all acts, whether or not otherwise specifically enumerated herein, including the sale of any property or the borrowing of any funds, which my attorney considers necessary or appropriate in order to purchase United States Treasury Bonds redeemable at par in payment of federal estate taxes; provided, however, that nothing herein shall be construed as requiring my attorney to acquire any such bonds. 13. To appear and represent me in regard to and to take all actions convenient or appropriate in connection with taxes imposed by any municipal, state, United States or foreign authority or goven~ment relating to any tax liability or refund, abatement or credit (including interest or penalties) due or alleged to be due from or to me or any other person or organization, association or trust for which I am responsible for the preparation, signing, executing, verifying, acknowledging or paying of any tax due or filing of a return or report, including without limitation federal or state income or gift tax, for the year 1981 and all subsequent years; and for such purposes to inspect or receive copies of any tax returns filed by or for me, reports, or other papers or documents, compromises, or adjustments of any and all claims, and to execute Internal Revenue Service Forms 2848 and 2848-D, and any other forms required by the Internal Revenue Service or any other governmental agency from time to time in regard to the granting of powers of attorney, and to name my attorney or any other person as my attorney thereunder. 14. To prepare, draw, make, sign, execute, seal, acknowledge, verify, discount, accept, endorse, with or without recourse on me, waive demand, notice and notice of protest, file and deliver on my behalf, any and all checks, options, orders, notes, drafts, overdrafts, certificates of deposit, bills of exchange, deeds, directions to land trustees, mortgages, leases, powers of sale, bonds (of indemnity or otherwise) and contracts, transfers, assignments, proxies, agreements, receipts, releases, release deeds, composition agreements, discharges, income pr personal or intangible property or gift or other tax returns, estimates, declarations, certificates, schedules, statements, claims of abatement, refund or credit, protests, requests, (including requests for rulings from proper authorities),`applications,~raivers (including waiver of restrictions on the assessment or collection of any .deficiency or additional tax), acceptances r(includin~ acceptance of any determination or proposed determination of additonal tax or overasses's'ment or overpayment of tax includ' interest and~penalties),~consents or~'~vatvers greementsi1or a Tatar determination'and assessment and collecxton of taxes than ss ded Kcable ' es of limitations, clo~sing'agreements (whether m res ec~~of ~a rtax.liab>ir '"for . p ty; ~;, pe~cA~rriatter~r~'otherwise), `petitions, pleadings, motions, stipulations,~consents' and any =othcr~papcrs, ~'docments or'writings or things, with or without Page 3 of 6 ~~~: '0p@~ ~~. H~IH~~S 3'IVH SSST66L609 Ytl3 LO=ZT ~~IOI~ L6/ZZ/ZT i- ~'l ,. ;_T -_ ees surety obligations, covenants, warranties, indemnifications, representations, powers of t , ~i,~titution, affirmations or otherwise. 15. To appoint and employ, with or without compensation, any accountants, attorneys at law, investment counsel, agents, servants or other persons, including their agents and associates, and to dismiss or discharge the same and to appoint or employ any others in their stead as my true and lawful attorneys, to appear and represent me as to all mearances befodre t e Treasury of attorney, or for arty other purpose, including, but not limited to, app Department of the United States, the Tax Court of the United States, the United States Court of Claims, or arty other court of the United States or the Distrinited S~atesbgovernrnentaor any state, or foreign court, and any department or official of the U municipal or foreign government; with full power and authority to such agents and attorneys to do any and all acts convenient or appropriate in connection with such matters, including the specific acts described above, and to substitute attorneys and as a and revoke the nut o 'ty o grant dpo thernnt and prior to any revocation thereof, and to deleg 16. To pay, as my attorney shb eto o become due and payab eaformy useeand taxes, assessments and expenses due and pays benefit or for the use and benefit of any person whom I have a legal obligation to support. 17. To transfer, assign and convey any property or interest in property which I may own to any trust of which I am a beneficiary and evoke such trust, wh tr er such trust was created exercisable alone or with others, to amend or r before or after the execution of this power of attorney. 18. To pay my pledges to and make su~gift evenue Code ogr~corresponding charitable organizations described in Section 170(c) of the In provisions of arty subsequent federal tax laws and to mare such gifts to persons, or for their benefit, as I have regularly made. 19. Finally (without prejudice to and in enlazgement of the authority above conferred) to execute each and eery instrument, undertake each and every obligation, and to take from time to time any and all action of whatsoever nature and with relation to any matters whatsoever, whether or not specifically mentioned herein, and to exercise in respect thereto as full and complete power and discretion as I myself might or could do. ~. The powers and authorities granted herein shall not be a$ecte att rnoyeshall ctse o rfai'l to .. :.K- M v... non-exercise, thereof or by ,any _one or more exercises thereo - y attorney, in my attorney's own exercise the powers and authorities granted herein in each case as my ~ ~ ..~~ ~ ~ r ~= instances ~ Ikhe~eb~- ra and absolute discretion, deems desirable or appropriate under existing cirCt? , : "',,~~ at iaw or in equity, all tat attorney~t~d~y: d ~y ~nrtu~ °~R confirm as good and effectual, ~ ~' - 'hereof.': appointed by my attorney, and thee' agents, associates and subst~t~ ~ .~~~' ed as im o ~Y my ~~w„ ~~~+ However, despite the above provisions, nothing herein shall be con3t3~ p ~ ~-~ ~~~~ ,, -page 4 0~ 6 ~A ~~ s~. ' . ~, t .. z~' _~ a ~ , ~~r i~Itl~I~~S ~~ ~QS'[66L609 Y~-3 80=Zt K06/ZZ/Zt s ~orney to act or assume responsibility for any matters referred to above or other matters, even hough my attorney may have power or authority hereunder to do so. If any power or authority hereby sought to be conferred upon my attorney should be invalid or unexercisable for any cause or not recognized by any person or organization dealing with my attorney, the remaining powers and authorities given to my attorney hereunder shall nevertheless continue in full force and effect. This power of attorney shall remain in full force and effect and shall not be affected by the incompetence or disability of the principal, it being my intent that the power granted herein shall continue without interruption until my death unless previously revoked by me or as otherwise provided by law, Any person dealing with my attorney may rely without inquiry upon his certification that this power of attorney has not been revoked and that he is acting in compliance with its terms. I expressly agree that all acts done hereunder in good faith by my attorney, prior to the receipt by my attorney or by any party with whom my attorney has dealt pursuant to this power of attorney of actual notice of revocation of this authority, whether by my death or otherwise, shall be binding upon me and upon my heirs and ]ega! representatives. No person relying upon this power of attorney in good faith and without actual notice of revocation of this authority shall incur any liability to me or my estate as a result of permitting my attorney to exercise any power or discretion on my behalf granted herein, nor shat] any person dealing with my attorney be required to see to the application and disposition of any moneys, stocks, bonds, securities or other property paid to or delivered to my attorney, or my attorney's substitute, pursuant to the provisions hereof. This power of attorney shall be governed by the laws of the Commonwealth of Pennsylvania and shall be effective from and after the date of execution hereof. Reproductions of this executed original (•arith reproduced signatures and the certificate of acknowledgment) shall be deemed to be original counterparts of this power of attorney. In Witness Whereof, I have hereunto set my hand and seal on this c~- ,_ day of December, 1997. WITNESS: Howard Hamilton Page 5 of 6 L00[~j K~IH3H~S 3'IVH SSST86L609 %K3 80~ZT K034 L6/ZZ/ZT +, Q ~Z'E OF=Q~~ - c~ ~~ ) S S covrrrY of ~~ ~,~~^, ) BE IT RE1vJFMBERED, that on this ~-~ day of Decerriber, 1997, before me, the subscriber, a Notary Public of the State of Q~ - ,personally appeared Howard Hamilton who, I am satisfied, is the person mentioned in the within Instrument, and thereupon he acknowledged that he, on this day recited heroin, signed, sealed and delivered the same as his act and deed, for the uses and purposes therein expressed. fi:~WP51~RU9S~WII.L5~199TIiN~+ID.TON~DPOwER712 `~~ N~o~t-~~ary VPu-b-lic NOTARIAL SEAL DONNALEE F. SANDT, Notary Public Easton, Northampton Co., PA My Commission Expires Feb. 1, 1999 Page6of6 8001Pj xt~IK3HOS 3'IYH SSST66L609 %d3 60=ZT H034 L6/ZZ/ZT ~. _....r.. ____,