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Home My WebLink About04-0901IN RE: ESTATE OF PHILIP C. IN THE COURT OF COMMON PLEAS HITCHCOCK, Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES~CODE FOR THE SETTLEMENT OF SMALL ESTATES And now comes Linda Louise Hitchcock ("Petitioner"), by her attorneys, Keefer Wood Allen & Rahal, LLP, and respectfully avers as follo~vs: 1. Petitioner is an adult individual residing at 615 Carrera Drive, The Villages, Florida 32159. 2. Petitioner is the widow of Philip C. Hitchcock ("Decedent"), who died a resident of Hampden Township, Cumberland County, Pennsylvania on January 23, 1999. A death certificate for the Decedent is attached hereto as Exhibit "A". 3. Decedent died leaving a Last Will and Testament dated January 22, 1996. Decedent's original Last Will and Testament is attached hereto and made a part hereof as Exhibit "B". 4. In ITEM 5 of Decedent's Will, he nominated and appointed Petitioner as the Executrix of his Will. 5. In ITEM 2 of his Will, Decedent left his entire estate to Petitioner. 6. At the time of Decedent's death, it appeared that Decedent had no probate assets, and therefore his Will was not offered for probate nor were Letters Testamentary sought or issued. 7. Subsequently, Petitioner has learned that Decedent maintained a small traditional IRA at HSBC Bank USA and that the beneficiary of the IRA is Decedent's estate. The balance of the IRA as of December 31, 2003, was $7,630.94. A copy of the January 15, 2004 HSBC Bank USA statement is attached hereto and made a part hereof as Exhibit "C". 8. HSBC Bank USA refuses to release the funds in the IRA to Petitioner without an appropriate Order of Court. Petitioner avers that there are no creditors of the Decedent and no claims against Decedent which are unpaid and known to Petitioner. WHEREFORE, your Petitioner prays that an Order be made directing distribution of the entire balance of Decedent's traditional IRA, retirement id account 010-5268059, to Petitioner. Respectfully submitted, / 9/ Dated: (7'/'~ ~ ~,,? ~ ~CC'/ KEEFER WOOD ALLEN & RAIL, LLP By: ? ~ ~,~ L ,;~_.~ ~ Elyse E. g9gers, Es~re Supreme Ct. I.D. 41274 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 (7~7) g12-5801 Attorney for Petitioner VERIFICATION LINDA LOUISE HITCHCOCK, deposes and says, subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Linda Louise Hitchcock ~ ' - his is to terry' that this is a true cop}' of the record which is on file in the Pennsylvania Division of Vital Records in accordar~cc x~ith Act 66. P.L. 304, approved by the General Assembly, Jtme 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. State R~gistrar ~ F E B 8 - 1999 ~N~ ~ ..... Date COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH White Cumberland ,,~.~1 ~.~.. ~ LAST WILL AND TESTAMENT OF PHILIP C. HITCHCOCK Id PHILIP C. HITCHCOCK, of the TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, being in good bodily health and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person whomsoever, merely calling to mind the frailty of human life, and being desirous of disposing of my worldly goods while I have the strength and capacity so to do, I do make, publish and declare this my LAST WILL ANq) TESTAMENT. I hereby revoke, cancel and annul all my former wills and Testaments, including codicils thereto, by me at any time made, and declare this alone to be my LAST WILL AND TESTAMENT. AS TO SUCH ESTATE AS IT HAS PLEASED GOD TO ENTRUST ME WITH IN THIS LIFETIME, I DISPOSE OF THE SAME AS FOLLOWS, VIZ: ITEM 1. I direct that my Executors hereinafter named, pay and discharge all of my just debts, funeral and testamentary expenses. ITEM 2. Ail the rest, residue and remainder of my entire estate, wheresoever situate, and whatsoever it may consist of, I give, devise, and bequeath, absolutely, and in fee, to my dearly beloved Wife, LINDA LOUISE HITCHCOCK. In the event that my dearly beloved Wife dies with me in a simultaneous disaster, or fails to survive my death by Thirty (30) days, then I give, devise and bequeath my entire Estate, wheresoever situate and whatsoever it may consist of as follows: (A) I give, devise and bequeath the sum of $10,000.00, free from tax, to the S~R. LTIE RESCUE T.RAGUE OF HARRISBURG. This fund is to be used by the League to care for any and all of our surviving pets during their lifetime and the residue thereafter to be spent by the League, at their discretion. (B) I give, devise and bequeath the sum of $10,000.00, free from tax, to the MECHANICSBURG PRESBYTERIAN CHURCH, Mechanicsburg, Pennsylvania. This fund is to be administered by the Board of Deacons for local family assistance only, as the Board deems fit and appropriate. 'PHILIP C. HITCHCOCK Page 1 of 4 (C) I give, devise and bequeath the sum of $100,000.00 to PNC BANK of MECHANICSBURG~ PENNSYLVANIA~ NEVERTHELESS-IN-TRUST- AS-TRUSTEE for my dearly beloved GRANDCHILDREN. My Trustee shall use this $100,000.00 for my Grandchildren's formal college education only. In the event my Grandchildren do not avail themselves of a formal college education by the time the youngest grandchild reaches the age of thirty years, then this fund shall be given to the MECHANICSBURG PRESBYTERIAN CHURCH, Mechanicsburg, Pennsylvania. In the event that there is a residue after all college expenses have been paid, then this residue shall go to the Mechanicsburg Presbyterian Church. In the event the Mechanicsburg Presbyterian Church receives all, or any portion of this fund, once again it shall be for local family assistance, as the Board of Deacons deems fit. ITEM 3 Ail the rest, remainder of my Estate, whatsoever it may consist of and wheresoever it may be situate, I give, devise and bequeath absolutely and in fee, to PNC BANK~ MECHANICSBURG~ PENNSYLVANIA~ NEVERT~RT~SS-IN-TRUST-AS-TRUSTEE for LAURA KOTSUBKA, per stirpes. My Trustee should pay the income from the Trust to my daughter only on a semi-annual, or annual basis, whichever he deems fit, and should keep the fund until such time as my daughter reaches the age of fifty {50). My Trustee may terminate this Trust upon my daughter reaching the age of fifty (50). Upon my daughter reaching the age of fifty, the principal assets of the Trust shall be paid to my daughter. ITEM 4. I order and direct that my personal representative(s) hereinafter named, use JAMES M. BACH, ESQUIRE, as the Attorney for my Estate. ITEM 5. I nominate and appoint LINDA LOUISE HITCHCOCK as Executrix of this my Last will. Should the Executrix named fail to qualify or cease to act as Executrix, then I appoint ARTHUR CR~_NE~ JR. as Executor in her stead. ITEM 6. I direct that my personal representatives, as well as their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM 7. I direct that all estate, succession, legacy, inheritance or other transfer taxes, however designated that shall become payable by reason of my death in respect of all property comprising my gross estate for tax purposes, whether or not such property passes under this Last will, shall be paid by my Executor out of my residuary estate. PHILIP C. HITCHCOCK Page 2 of 4 ITEM 8. I grant to my personal representatives herein named, in addition to, but not in limitation of those powers vested by law, to be exercised without prior application to or approval of any court, the power and authority to retain indefinitely any property, to invest and reinvest any assets or the proceeds derived from the sale of assets, although said investments may not be of the character prescribed by law, to sell, convey, assign, transfer and encumber any property, to pay, settle or compromise all claims, to make distribution or divisions in cash or in kind, and in general to exercise all powers in the management of any property hereunder which any individual could exercise in the management of similar property owned in his own right, and to execute and deliver any and all instruments and to do all acts which may be deemed necessary and proper. P~ILIP C. ~{ITCHCOCK WITNt~SS~',~~j C ~2~~2~x~ WITNESS Page 3 of 4 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF CUMBERLAND ) I, PHILIP C. HITCHCOCK the TESTATOR whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknow- ledge that I signed and executed the instrument gs my LAST WILL; that I signed it willingly; and that I signed it as my free and voluntary act for the purpose therein expressed. Sworn to or affirmed and acknowledged before me, by: PHILIP C. HITCHCOCK the TESTATOR, this 22nd day of JANUARY , 1996- ~ (TESTATOR SIGNATURE) PUBLIC Mechanicsburg, PA 17055 My Commission Expires: 05/13/99 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF CUMBERLAND We, ESME GOODSIR and YURI GOODSIR , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw TESTATOR sign and execute the instrument has his LAST WILL; that the TESTATOR signed willingly and that he executed it as his free and voluntary act for the purpose therein expressed; that each witness 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, 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and acknowledged before me, by: E$~E GOODSIR and YURI GASPAR , witnesses, this 22nd day of January , 1996. ~iALS[~L ~ urg, PA 17055 HSBC TRADITIONAL IRA HSBC BANK USA RETIREMENT PRODUCTS CENTER 1 HSBC CTR, 9TH FLOOR BUFFALO,NY lq203 h,lh, hl.thhhhi,,hh,lh. II dj, dhl h,h,II BANK ID 15-2774727 · OMB NO. 1545-0747 PHILIP E HITCNCOCK 1615 CARRERA DR STATEMENT~A?E PAGE THE VILLAGES FL 32159-9~01 0352 01-15-2004 1 SOCIAL SECURITY NO. 105-26-8059 RETIREMENT ID. 0105268059 ACCOUNT 218-58502-1 TYPE - 5 - q YEARS RATE 3.630 MATURITY 1~-02-0§ PRIOR BALANCE INTEREST 05-~1-0~ &7.O~ 7,q22.25 INTEREST 06-50-05 68.q2 7~fi90.67 INTEREST ~9-$0-~3 &9.BI INTEREST I2-31-03 70.GA ........ SUMMARY OF RETIREMENT PLAN PRIOR CASH BAL 7~55.20 DISBURSEMENTS PLUS CREDITS .go FED TAX WITHHELD PLUS iNTEREST 27~.74 LESS DE~ITS .00 NE~ CASH BAL 7,650.94 TOTAL PLAN VALUE 7,650.94 2003 FORM 5~98, IRA CONTRIBUTION INFORMATION THIS INFORMATION IS BEING FURNISHED TO THE INTERNAL REVENUE BOX t 2005 IRA CONTRIBUTIONS O.O0 BOX 2 - 20~5 ROLLOVER CON!RIBUTIONS 0.00 BDX 5 - F~IR M&RKET VALUE OF PLAN AT END OF 2005 BOX 7 - IRA THE REQUIRED MINIMUM DISTRIBUTIDN YOU MUST TAKE BY APRIL 1. 200B IR OCT IN RE: ESTATE OF PHILIP C. IN THE COURT OF COMMON PLEAS HITCHCOCK, Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: · ' ORDER And now this ~ ¢~day of ~. ,20~JF, upon consideration of the annexed Petition, all funds in the traditional IRA maintained by Philip C. Hitchcock at HSBC Bank USA are directed to be paid to be and are hereby set apart and awarded to Linda Louise Hitchcock under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code. By the Court,