HomeMy WebLinkAbout07-19-13 PETITION FOR GRANT OF LETTERS
REGISTER QF WI��S OF CUMBERIAND COUNTY, PENNSYLVANiA
Petitioner(s)named below,who is/are 18 years of 8ge or older,apply(ies)far Letters as specified 4elow,and in suppod thereof aver(s)the
following and reapectfulry requests the grant of Letters in the appropriate form:
G.Dia�e Hain
DecedenYs lnformation _ �n��
Name: Glarence E.Hain File No: 27-73 [
atkta:
{Asaigrred by Regisfery
a/k/a:
a/k/a: Social Seeurity No:
Date af Death: 0672812q13 Age at Death: BS
Decedent was d4miciled at death in Cumbedand County, pq (State)with hislher last
prinoipal residence a[ 12p N.36th St,Camp Hill 77014 Hampden Cum6edand
SCrMteG&nsa.PO9tOffrceaM2iPCatle CdY�TVec�ah�xar8wougir CowtY
Decedent died at Select Speeiaity tiospitai Camp HIII Cumt»rland PA
Street addYess.Post OHiCe antl Zip Catle Cl�y,Tovmship 4r Boroup� CourHy S�ata
Estimate of va#ue of decedenYa property at death:
Hdomtclled!n Pennsylvanla...................... All personal property $ 88 800.00
Hnot domiciled(n Aennsy/vanJa................ Personal property in Pennsylvania $
tfnot demfctted in PonresyNanta................ Persanal prtsperty in County $ �
Vsiue oi`reat estate in AennsylvanTa................................................................... $ 100�OOQ.00
TOTAI ESTIMATED VALUE S 168,BOQ.00
Realseiatemrennsy�vame$tueteeat �ppN.3fith$t.CBtnpHili 17Qt1 Huelpden Cum6eriand
lAHacYretl�tiortN5he9fs,dnecessary.)
Street atlqresa,Posl ORice anC Zip Code City,Tow�ship a Borouph �ounty
�A. Petitinn fn(Proha�ana£ra�of�ettera 7asta�±±entarv
PetRioneqs)aver(s)that he/shefthey is/are ffie Execuror(s)named in#he Last Will of the Decedent,dated OB/29/20q5 and Codicil(s)
thereto dated
SCate relevent drcumstarKae(e.y.,renurKietion,deaM W axecirtnr;ak J
Except as fallows:after the execution of the instrument(s)aNered for probate,Decedent did not marry�was not divorced,was not apa rty to a pending
dNorce proccedi�wheroin the grourfds for divorce had l�ban estabiished as tlefined in 23 Pa.C.S.g 332�},anC did nokfiave a ch'�bom or
adoptati:and DecadeM was neithet tha victim of a kilii�g r�w evx adjudicated an irtcaPacitated persan. � <.,:; -" yz-i
�NO EXCEPTIONS Q EXCEPTI4NS *. � �_ ;;�,y �
� : �
rnT' c;
' ❑0. P�k�on far Gnnt oT Lettars ot Adminiat��on {N appicaWe) � .., - ^ ��� `�
__ c,£.s.,db.n..d.b.n.c.t.a., tq,�te.�ddranhy,�eni' -, �rgeminoritate
� If AdminlsGation,e.t.a ord.6.n.c.t.e., "'" ��� ic �y, ;.:
� Facoept as follaws:Decedent was npt a party to pending divorce proceedin wherein Che grounds for divor h�bEen es�lished��s-i�efined
in 23 Pa.C.5.§3323{g)and was neither tMe vtetim of a kiiling nor ever�udicated an inrapaciteted persi�. _
�NO EXCEPTIONS Q EXCEPTIONS � � � �' -�"� r.i
PetRioner(s),after a proper search has/have ascertained that Decedent 15ft no Will and was survived by tha�.ollowing spph�A(if afVy�)8�1 heire(aftach
edditional sheets,if necessary): o
Name Relationship Address
Fwm RW-02 rev.fOd1-20f 1 Capy�ight(c)20i t fwm soXware onlyTha Lecknqr Grow,Inc. Pape 1 of 2
Oath of Personal Representative �GalUSeOnly
COMMONWERl..TH 4P PENNSYLVANIA }
} SS:
COUNTY OF Cumbedand }
Petitior�er{s}pnnted Name petitionsr(s}Printed Address
G.Diane Hain 7i4 Barbara Sf. � � �.;. %�
New Cumbedand,PA 17070 s,. � �'�"� Gj
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The Petkioner(s)above-nemed swear(s)or affirtn(s)the stataments in the foregoin�Petltion are true and correct to the beat of the knpwladge,and
belief of Petkioner(s)and thet,as Persdnal Representative(s)aft th/e�Defcedent,PetR�i n/qr(s)will well and truly administer the estate acco ing t law.
Svrom to a � �bed before )f���, r"' t-�t L�'1�-�- "�-7�LC'<.-� , �e 1�
me f C�� oere
By: oa�e
Far rne rtearsre.
ana
BdND Requlred7 YE Nq To the Register o/Wills:
FEES: Pieese enter my appearance by my signaWre below:
letters........................_................ $ 260.00 AttorneySigr ure:
( B )ShoRCertificate(s)......... 25.00 ,'
� • ��
( }Renunciatlon(s}....._._..... ' � � � r^"
{ }G�cit(s}..__....._...._..--° ` �
( )Affidavit(s)...................... Printed Name: Marielle F.Hazan Eaq.
Bond................._.......................... Supreme Court
Cflmmiss�rt...................__.......... IDNum6ec 68043
aner
Inhe�ihnce Tax 15.00
Firtn Name: Hazen Elder Law
Inve to js�� Address: 20Q0�ingMstawn Raad,
���`��--' 1'.`}c� Suite 202
Harrisburg,PA 17110
Phone: 777•5404332
�.... Autamation Fee............................ 5.00 Fax: 7N-840<373
JGSFee._....................-.....---.... 23.50
TOTAL..._................................... $ .y�p�!., E-maii: mhaxen�hazeneiderfaw.com
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DECREE OF THE REGISTER
cne�or oea+h: osrzsr2ots
Soeial Security No: 207-07�4808
Esta6e of Clereace E.Haln File No: 21-13
atkta:
AHD NOW, , ,in considerstion of the foregoing Patikion, ,
sati;afactory proof having been nted before me, I71S DECREED that I.ettere TeaqmeMary i
are hereby grented to C.Diane Hain
in the above estate and('rf applicable)that the instrument(s)dated 08/29/20q5 �
described in the Petkion be admitted to probate and flled of record as th WiU(a Gali s))of QeceUe
istgr of Wills
CoPYN9�t(c12011 Imm software qnty The LeGVrer G W.� � 7 � 2
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LAST WILL AND TESTAMENT � o �-" �' m
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CLAItENCE E. FIAIN � "-' %� c> �
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I, CLARENCE E. HAIN, now domiciled in Cumberland County, Pennsylvania, declare
this to be my Last Wilt and Testament. I revake all ather wills and codiciTs that I may have
previously made.
Article I
My just debts and expenses of my tast illness, £uneral, and administratian of rny estate
sha11 be paid by my Exacutor fram the principal of rny residuary estate as soon as practicable
after my death.
Article II
All inheritance, estate, and succession ta�ces (inoluding interest and penalties thereon, but
not inc2uding any generation skipping tar} payable by reason of my death shal] be paid out of
and be chazged generally against the principal of my residuary estate without reimbursement
from any perspn. This provision is nat a waiver of any right which my Executor has to claim
reimbursement for any such ta<<as which become payable as the result of any property over
which I have the powar of appointment.
Astiole III
I give, devise and bequaath my tangible personal property in accordance with any
memorandum I have handwritten or signed, located with my will or with my valuable gapers and
found within 30 days of the probate of my will. Gifts may anly be to persons who survive me or
to organizations which exist at my death, and if there is a conflict, the mernorandum having the
latest date shall govern. To the extent no such mernorandurn is found, or all of my tangible
personal property is not disposed of pursuant thereto, my tangible personal property shali be
added to my residuary estate and pass eander Article IV hereof.
Article IV
All the rest, residue and remainder of my estate, of whatsaever nature and wherescever
situate, I give,devise and beyueath according to the fallowing schedule:
A. ONE-THIRD (1/3) of my estate ta be held in trust far the benefit of my wife,
MAItY GAYLE HAIN, to be held, managed, and adrninistered according to Articles V and VI
herein. Tn the event MARY GAYLE HAIN predeceases me or fails to survive rne by thirty {30}
days,then her share shall be distributed according to the terms in Paragraph B. hereunder.
B. TWC/-THIRDS (2/3)of my estate to be distributed as follaws:
l.) FIFTY PERCEN'F (54°to) to be diaided [N EQUAL SHARES between
my daughter, C. DIAIVE HAIN and rny son, GALEIV E. I�AIN, Per Stirpes. In the
event either C. DIANE HAIN ar GALEN E. HAIN predeceases cne or faiis to survive
me by #hirty (30) days, leaving no surviving issue, then his or her share sha12 be
distributed to the survivor of them; and
2.) FIF'fY PERCENT {SQ%) La be divided IN THREE (3) EQUAL
SHARES and distributed as follaws:
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(a.) One share ta rny stepson, MICHAEL GERALD VAUGHAN, to
be heid in trust for the banefit of MICHAEL GERALD VAUGHAN, to be held,
managed, and administered according to Articles VII and VIII herein. In the
event NIICHAEL GERALD VAUGHAN predeceases me or fails to survive tne
by thirty (30) days, then his share shall be equally dividec! and distributed ta
SHIRLEY J. ACKEI�IBACH and LINDA VAUGHAN according to the tertns
of Paragraphs (b.) and (a)hereunder;
(b.) One share to my stepdaughter, SHII2I.EY J. ACKENBACH, Fer
Sdirpes; and
(c.) dne share to my wife's daughter-in-law, LINUA VAUGFL4N. In
the event LINDA VAUGHAN fails ta sixrvive my death by thirty (34) days, her
share shall be distributed in equal shazes to the issue af my stepson, PHILLIP
VAUGHAN,Per Stirpes.
Article V
In the event that a Trust is created for the benefit of my wife, MAItY GAYLE HAIN, by
or as a result of any part of this Will, the terms and conditions of the Trust for the benefit of
MARY GAYLE HAIN shall be as fallaws:
A. To expend and apply so muoh of the net income and so much af the prinoipa( of '
the Trust as the Trustee shall consider advisable for the support, health, and care of MARY
GAYLE HAIN for the remainder pf her li£etime.
B. In the event of MARY GAYLE HAIN's death, the dvst shall terminate, and the
remaining incorne and principal of the trust shall be distributed as follows:
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1.) FIFTX PERCENT (SO%) to be dividad IN EQUAL SHARES between
my daughter, C. DIANE HAIN and my son, GALEN E. HAIN, Per Stirpes. Tn the
event aither C. DIANE HAIN ar GALEN E. HAIN predeceases me or fails ta survive
me by thirty (30) days, leaving no sixrviving issue, then his or her share shall be
distribnted to the survivor of them; and
2.) FIFTY PERCENT (SO%) to be divided IN THFtEE (3) EQUAL
SHARES and distributed as fallows:
(a.) One share to my stepson, MICHAEL GERALD VALIGHAN, ta
be held in trust for the benefit of MICFIAEL GERAI.D VAUGHAN,to l� held,
managed, and adrninistered aocording to Articles VII and VIII herein. In the
event MICHAEL GERALD VAUGHAN predeceases me or fails to survive rne
by thirty (30) days, then his share shall be equally divided and distributed ta
SHIRLEY J. ACKENBACH and LINDA YAUGFIAN according to the terms
of Paragraphs(b.j and(c.)hereunder;
(b.) One share to my stepdaughter, SHIRI.EY J. ACKENBACH, Per
Stirpes; and
{c.) One shaze to my wife's daixghter-in-law, LINDA YAUGIiAN. In
the event LINDA VAUGHAN fails to survive my dsath by thirty (34) clays, her
shaze sha11 be distributed in equal shazes to the issue of my stepso�, PHILLIP
VAUGHAN,Per Stirpes.
C. No beneficrary or rernainderman of this Trust shall have any right ta alienate,
encumber, or hypothecate his interest in the principal or income of the Tntst in any manner, nor
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shall any interest be subject to claims of his creditors or liable to atkachment, executian, or other
pracesses of law.
Article VI
In ordar to carry out the pwposes of the Trust established by tMis Will for the benefit of
MARY GAYLE HAIN, the Trustee, in addition to all other powers gzanied by this Wilt or by
law, shall have the foIlowing powers over the Trust estate, sabject ta any lirnitations specified
elsewhere in this Will:
(a) to retain in the form received and(or to sell eithar at public or private sale,any real
estate or personal praperty except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments,and without regard to the prinoipal af diversification,
(d) to exercise any option ar right arising fram the awnership of investments,
(e) to compromise claims without court approval and without consent of any
beneficiary,
(f� to file fiduoiary/income tax retums and pay the ta�c due for any year for which
such a return is required,
(g) to make distributions in cash or in kind, or in both, and to deterniine the value of
any sixch praperty,
(h) to emplay any attorney, investment advisor, or ather agant deamed necessary by
my Executor;to pay from my estate reasanable compensation far all their services,
(i) to conduct along with or with others, any business in which I am engaged in or
have an interest in at the tirne of my death,
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(j) to receive reasanabla campensation in accordance with their standard schedule af
fees in effect while their services are perfarmed, and
(k) to make unlimited gifts f`rom the trust to my stepchildren anc3/or child{ren},
ineluding the Trustee Bereunder, or to a trust for the benefit of my spouse. The amounts and
nature of such gifts shall be in the sole discretion of my Trustee. It is my specific intention that
gifting to protect assets from the costs of long term care shall be permitted.
Article VII
in the event that a Trust is created far the benefit of my stepson, MICHAEL GERALD
VAUGHAN, by ar as a result of any part of this Will, the ternis and conditions of the Trust for
the benefit of MICHAEL GERAI.,D VAUGHAN shall be as follows:
A. To expend and apply sa much of the net income and so much af the prinoipa] of
the Trust as the Trustee shali consider advisable far the support, health, and caza of MICHAEL
GERALD VAUGHAN far the rernainder af his lifetima.
B. In the evant af MICHAEL GERALD VAi7GHAN's death, tha trust shall
tetminate, and the remaining incorne and principal pf the mzst shall be distributed outright to rny
stepdaughter, SHIRLEY J. ACKENBACH,Per Strrpes.
C. No beneficiary or remainderman of#his Trust shali have arzy right ta alienate,
encumber, or hypathecate his interest in the principal or inoome of the Trust in any rnanner, nor
shall any interest be subjeot to claims af his creditors or liable ta attachment, execution, or other
processes of law.
I
Article VIII
Tn order to cany out the purposes of the Trust established by this Will for the benefit of
MICf�AEL GEItALI? YAUGHAN, the Trustee, in addition to alI other pawers granted by this
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i�i
Will or by law, shall have the following powers over the Trust estate, subjact ta any lirnitatinns
specified elsewhere in this Will:
(a) to retain in the form received and/or to sell either at public or private sale,any real
estate or personal properYy except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of properry without being confined ta legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership af investments,
(e) to campromise claims without court approval and without consent of any
beneficiary,
(f� to file fiduciary/income tau returns and pay tha tax due for any yeaz for which
such a return is required,
(g) to make distribu#ions in cash or in kind, or in both, and to determine the value of
any such property,
(h) to employ any attorney, investrnent advisor, ar other agent deemed necessary by
my Executor; to pay from my estate reasonable compensation for all their services,
(i} to conduct alang with or with others, any 6usiness in which I am engaged in or
have an interest in at the time of my death, and
(j) to receive reasonable cornpensatian in accordance with their standard schedule of
fees in effect while their services are performed.
� Article IX
A. I heraby appoint my daughter, C. DIANE HAIN as Trustee of any Trust(s}
created in this Will for the benefit of my wife, MARY GAYLE HAIN. In the event C. DIANE
7
HAIN is unabie or unwilling to act as Trustee, I hereby appoint my stepdaughter, SHIRLEY J.
ACKENBACH, as snccessor Trustee of any Trust{s} created in this Will far the benefit af my
wife, MARY GAYLE HAIN.
B. I hereby agpoim my stepdaughter, SFiIRLEY J. ACKENBACIi as firustee of
any Trust{s} created in this Will for the benefit of my stapson, MICHAEL GERALD
VALTGHAN.
Article X
I nominate, canstitute and appoint my daughter, C. DIANE HAIN, as Bxecutrix of my
Last Will and Tastarnent. In the event of the renunciation, death, or inability to act, for any
reasan whatsaever af my Executrix, I nominate, constitute and appoint my son, GALEN E.
HAFN, as successor Executor of my Last WitI and Testament. I direct that my Executrix or
successor Executor be germitted to serve without bond. In additian to those pawers granted by
law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any
qualified disclaimer I could have filed if Iiving. My Executrix or saccessor Executar shall
receive reasonable cnrnpensatian for services rendered to my estate.
Article XI
In addition to the powers conferred by law, I authorize my Bxecutrix and successor
Executor, in his/her absolute discretion:
( {a} to retain in the farm receivecf and to sell aither at public or private sale, any reat
estata or personal property excapt that which I specifically bequeath herein,
(b} to manage real estate,
$
{c} #o invest and reinvest in a11 forms of property without being oonfined to legal
investments, and without ragard to the principal of diversification,
(d) to exercise any option or right arising frorn the ownership of investments,
{e} to compromise clairns without court approval and without consent of any
beneficiary,
(fl to file any federal income tax xeturn for any year for which I ha�ve not filed such
return prior to my death,
(g} to make distributions in cash or in kind, ar in both, and ta determine the value af
any such property,
{h} to employ any attamey, investment advisor, or other agent deemed necessary bq
my Executor; and ta pay from my estaie reasanable compensation for all their services,
(i) to conduct alone or with others, any business in which i ttm engaged in, ar have
an interest in at time af my death,and
{j} ta receive reasonable compensation in accordance with their standard schedule af
fees in effect while their services aze performed.
IN WIT'NESS WHEREOF,I, CLAREIYCE E. HAIN,hereby set my hand to this my
, Last Will and Testament, on_L�����-__�"�_ 2005,at Harrisbus�g,Pennsylvania.
�«�"c,`c—(�,_�����-��—�
CLAREIYCE E. HATN
In our presence, the above-naznad CLARENCE E. HAIN signed this and declazed this
to be his Last Wili and Testament and now at his request, in his presence, and in the presence of
each other,we sign as witnesses.
N Address
.
� 2000 Lin�lestown Rd., Suite 202 Harrisburg PA 17110
200d Linglestown Rd.. Suite 2d2 Harrisbur� PA 17110
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I, CLARENiCE E. HAIN, Testator, who signed the foregoing instrument, having been
duly quatified accoxding ta law, acknowledge that I signed and executad tlus instrument as my
Will, and that I signed it wiliingly as my free and voluntary act for the purposes therein
expressed.
Swarn to or affirmed and
Acknowledged before me by
CL NCE E. N,the Testator
an � ,20d5.
� � � `�C-�
No ry Pu c G� CLARENCE E. IiAI
- ��'AC" OF PENNSYLYAN
� 3Vararial Seet
- MvieOt F. t{axso, NMaty PuMic
Susquehanne 'Ikp., p�phro Counry
My Commisaion Expires Sept, 23. 2b06
We, the undersigned witnesses who signed the faregoing instrument, being duly qualified
according to taw, depose and say#hat we were present and saw the Testator sign and execute this
instrumment as his Will; that he signed and executed it willingly as his free and voluntary act for
the purposes therein expressed; that each of us in his sight and hearing signed the Will as
witnesses, and that to the best of our knawledge, that he was at that time eighteen {18} years or
more of age,of sound mind, and under no constraint or undue influence.
3worn to or affirmed and
Subscribed to before me
by . o�Jj'v�_
and r���E fY�. �'+n� itness
witnesses,on o? 2005.
��A ,�.� (�
"u-x-N�R�t�-�.t�.� ��1 ,�t tl�....
Witness
�-�...,
Notaay Public
- � � C6MFAONWtiAtiCH OF PENNSYLY NlA
� - Nutarisi Sesi
Mariei{o F. He�+, 1��Y �b�
- g�y��hm�na�N'P„ Geuphin
' My Commission Expira seDt. 23, 2