HomeMy WebLinkAbout09-05-13 PETITION FOR GRANT OF LETTERS
REGISTER t7F WR.LS OF �Un'1�e,r-1 A/� �. COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 1$ yeazs of age or alder, apply(iea) for Letters as specified below, and in
support thereof avar(s)the following and respectfully request(s}tha grant of Letters in the appropriate form:
Decedent's I farmation , i r r °�� ''} i2 /��]
Name:�;(�I��—t F'�o c.K.le,�„�,c. _ P91e No: c7�'� —C7I�!J " (,J ! _�
a!{cta:_. / (Assigned by Register}
a/kla:
alk/a: SociatSecurityNo: '�
Date o€Death: _�7 $ .�p Age at death: 9't]
Dece pent was domielled at death in:����,�.�County,l.�.,�_(s�are}with histher[ast
rinci al residence at �4 Ci�r.ts ,�d /73.2 G`c7/�P'11P15 .U/ckrns.JT�r �'u�».�stl�i�r,nd�.
Strcet xddress,Pnst QtIIc¢aad Zip Ca s CIty�Townshtp or 8urough Caunty
Deoadentdiedat�t'u/� �c(i� /�'A�o�IRL �M� (�'�-,l.s�e ����� t�
Strce[addre��,Past Otfice end Zip Code City,Towmhip or Borough County S�ate
Estimate of value of decedenPs propesty at death:
ljdomiciled in Pcnnsylvanin.......................... .. All pereanal property $ � 6�b. °'4
If not domicitsd irs Peansytvania. ....................... Personal pmperty in Pennsylvania $
ljnot domici(edln Pennsylvania. ....................... Parsonsl property in Counry.... $ _
Yatue ojmat estate ix Pen»sqtvanie...................... ........ $� fl O , a o
/� 1 TOTAL ESTIMATED VALUE. ... $ },�,Q,op
RcalestateinPennsytvaniasituatedat: �"�b'J td/`�(e%e �C( �.�tt/}:�slt!'e. �Jlk,ysw��,{�_y�i�.j?Cf�Nlfe'�
(Aftach additionaf sFeefs,if neceuary.J Street addreat,Post Otike and Zip Codet�j�s,A�l City,Tow�shlp or Barougp Couaty
+.7�7
[4j'A. Petition far Prohate and Grant of Letters Testamentarv
Petitioner(s)avar(s)he/shdthey is/are tha Execuror(s)namod in[he last Will af the Decedant,deted� �"CC+o and Codicil(s)
thsreto dated
State rdevant circumstancea(eg.renraeciation,dawk af ezecutor,ste.j
Exceptasfollows:aftertheexecutionoftheiasavment{s)offeredforp�obereDccedentdidnotmaay,wasnotdivorced,wasnotspariytospending
divorce proceeding wherein the grounds for divoree had bean established as defined in 23 Pa.C.S. §3�3(g},and did nehhave,�clif�bom or
adopted;and Decedent was neither the viotim of a killing nor ever adjudicated an ineapaciteted person. C Q �"" ��" c�
� —;i ,;:� c:;7.
[v]�NOEXCEPTIONS ❑EXCEPTI4NS � C7o '"� ��<r
R3 _:. c? � ..
� B. Petitpon for Grant of Letters of Administration pf appliceble) � �" i 1
c.t.a.,d.b.n.,d.b.n.c.ta.,pendente tt dpYYni�'ubrentiu,dur�rue�fnoritute
. . r v ,,. ...;7
I€Administration,c.t.a.ar d6.n,c.ta.,enter d�te oS Wilt in Seciion A above and e�m�listr heir,�: ;.±
�
Except as followe: Docedent was not a party to a pending divorce proseeding wherein the grounds for S�t a�had been-establiihed�de6ned
� in 23 Pa.C.S.§3323(g}and was neither the victim of a kitling nar ever adjodieated sn inaapacitated per�.—i � � �;,y
❑SVOEXCEPTIQNS [�EXCEPTTK}NS z' �' �� -
Petitioner(s),aftar a proper search has/hava ascertained that becedent left no Will and was sun+ived by the fnilowing spouse(ifany)and heirs(atmck
udditionuJ sheets,ifnecessary):
Name Retatianshi Address
Fonn RW.W rev.10/I]/10I/ P8[�+B I Of 2
Oath of Personal Representative OfficialUseOnty
COMMpNWEALTHOFPENh1SYLVANIA }
} SS:
COUNT'Y OF } -
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Petitioner(s)Pri ted Name petitione s Printed Address �
o G I �.?tl .� C� JLCt t�t J I"1� i
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The Petitioner(s)above-named swear(s)or affirm(s)the statementc in the foregoing Petition are Ws and co�rtct to the best of the know(edge and bslief
of Petitioner(s)and that,as PenanaY ittpresentative{s}of tho Decedent,tht Betitioner(s} i 1 wet)and truty edminister the astate accarding to law.
Sworn t affirmed and subscribed bgfQre __ '���- pase�'���
me this day f d{��.5 Dece
By' (�3s�"" — Date
Farlhe Register DOte
BONDRequi�ed:QYES QN4 TotheRegisterafWills:
FEES: Please enter my appearance by my signature below:
Letters. . ...... ............ .. $�. Attarney Signature:
( 3 }Short Cartificato{s).... .. �,_
( )Renunciation(s)... . . . , . , -�--- � �_:- ..
( ) Codicil(s). . .. . . . . . . . . . "—'• ;,> `" tn
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( )Affidavit(s)... . . .. ... .. ^"'— � � �.'.ri t> 4
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Bond.. . . . . . . . . . .. . .. .. .. .. . . """�' Frinted Name: � ��' `",
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Commiseion. . .. . . . . . . . . .. ... . ^^'— Supreme Court � � y r ��� � -';';
OtUer W��� .... .. .. � 'rj ID Number: � � [,'� tn :. _ ,::-.:n
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TOTAL. . . . . . . . . . . . . . . .. .. .. $
DECREE OF THE REGISTER
Estate of�l��Ll/ ! 1 r K,c� �� FileNo: � �3— �`7`�(
atkta:
AND NOW, ���� .� , d�/�3 , in consideration of the foregoing P Uion,
satisfactory proof havmg been presented before me,IT IS EC�REED that Let e s T�s.'C���� (�
are hereby granted to ,;Z{d� (3C'.�1�_
in the abova estate and(if applicable)that
the instrument(s)dated tt° Y�aLtY2.J
describad in the Petition be admitted ta pro ta and filed of recard as the last Will(and Coc it{s}}of Decedent.
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egistex of W i!� �Jt,n�r (/l i��ry`"" ' `
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Farm RW-02 rrv. (NI U2011 ]rg e 2 pf z �
n°" °-�-� n�-"'°" OF
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F.:n � � ._ir�����?WILL AND TESTAMENT
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cu►�eEr;��,r���,�L�L' IAN MAE HOCKLEY
I,LILLIAN MAE HOCKLEY,of Gazdners,Adarns County,Pennsylvania,
being af sound mind and disposing mernory,thaugh I realize the uncertainty of this tife, I have full
con#idence and trust in my Lord and Savior,Jesus Christ, in His death on the cross for my sins and
in His shed blood as an atanernent for rny soui;and I know by faith that because of His sacrifice on
the cross for rne I have etemai life, do hereby make this Will,hereby revoking all my former Wilis
and Codicils:
Artiele One: Tangible Personai Property:
§I.1 I bequeath a11 my tangibla personal properiy in accardance with the terms of
a persanai proper[y memorandum I may prepare. If no such memorandum is tocated ar received by
the Executor within 6d days after being appointed as such, after canducting a reasonable search for
such memorandum,the Executor shall be hald haxmIass far c3istribnting such pmperty as hereinafter
provided.
§1.2 I bequeath such pmperty not disposed of by such memorandurn,or all of such
property if na such memorandunn is located or received,ta my sons,per srirpes,to be divided among
them in as nearly aqua! shares as they agree. In the event af irrecancilable disagreement among my
sons, they shall take alternate turns selacting individual items with the oldest son making the first
selection. Any items not sa selected shall ba sold and the praceeds shall pass as a part af my
residuary estate.
§1.3 Ta the extent pr�teticable in the Executor's sole discretion, I bequeath any
policies of insurance on such praperty to the beneficiazy entitled to such property.
§l.4 I direct that the eacpenses af stozing, packing,shipping, insuring and delivering
any such properiy to the beneficiary entitled thereto shall be paid by the Executar as an
administrative expense of my estate.
i
Article Two: Residue:
§2.1 I bequeath and devise all the residue of my estate, of whatever nature and
wherever situated, including any property over which I have a power of appointment,to be divided
among my sons,per stirpes,subject to the provisions of§2.2 hereinafter. My three sons are: Robert
W. Hockley of Camp Hill, PA 1701 l; Wayne E. Hockley of Tampa, FL 33626, and Eugene W.
Hockley of Enola, PA 17025.
§2.2 I give to the Trustee hereinafter named any share passing hereunder for the
benefit of any Beneficiary of mine, who shall not have attained the age of twenty-two (22) years,
to be held,administered and disposed of in accordance with Article Three hereof(the`Beneficiary's
TrusY') for the benefit of such Beneficiary.
Article Three: The Beneficiary's Trust:
§3.1 The Trustee sha11 hold, manage, invest and reinvest the assets of the
Beneficiary's Trust, collect the income thereof and:
§3.1.1 While the beneficiary of the Beneficiary's Trust(the "Beneficiary")
is under eighteen(18)years of age,the Trustee sha11 apply to or for the benefit of the
Beneficiary so much of the net income and, if the net income is insufficient, so much
of the principal of the Beneficiary's Trust as the Trustee shall from tune to time deem
necessary or proper for the Beneficiary's health,maintenance, support and complete
education, including prepazatory, college and graduate education, and professional,
vocarional or technical training,taking into account other available funds, including
the Beneficiary's assets. The Trustee shall annually accumulate any net income not
so distributed and add the same to the principal of the trust property.
§3.1.2 After the Beneficiary attains eighteen (18) yeazs of age, the Trustee
shall distribute to or for the benefit of the Beneficiary the net income of the
Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee
deems it advisable, and so much of the principal as the Trustee shall from time to
time deem necessary or proper for the Beneficiary's health,maintenance,support and
complete education, including college and graduate education, and professional,
vocational or technical training, and to assist the Beneficiary with reasonable
wedding expenses,in the purchase of a principal residence or in the establishment of
a profession or business considered a good risk by the Trustee, taking into account
other available funds, including the Beneficiary's assets.
§3.13 Any Beneficiary upon reaching the age of twenty-two (22)years may
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withdraw any ar all of the principal of that Beneficiary's Trust.
§3.i.4 If the Beneficiary dies before the complete ternrination of the
Beneficiary's Trust,the Trustee shall distribute the properiy then held in trust to such
persans or corparations, {including the Beneficiary's estate}, in such amounts and
upon such trusts,terms and candirian,as the Beneficiary by last Will may appainE by
specific reference to this general power of appointment; provided, however, any
portion of the trust praperry not subject ta the Beneficiazy's power of withdrawal
immediately pripr ta tha Beneficiary's fleath may only be appointed to one or more
of the Beneficiary's issue, in such arnounts and upon such trusts, terms and
conditions as the Beneficiary by lasi Will may appaint by specific reference ta tlus
specisl power af appointment. Any properiy not so appainted sha11 be distributed to
the Baneficiary's then living issue, per stirpes, ar if none, in accordance with the
provisions of Article Two above.
Article Four: Appointment of Fiduciaries:
§4.1 I appaint my san, Robert W. Hocktey, as my Executor. In the event that
Robert W. Hockley is unable or unwilling to serve or continue to serve, for any reason whatsoever,
I appaint my son, Wayne E. Hockley, as first cantingent Exeeutor. In the event that Wayne E.
Hockley is unable or unwilling to serve or continue to serve, for any reason whatsoever,I appoint
my son,Eugene W.Hockley,as secand contingent Executor.All references herein to the"Executor"
shall mean my originally appointed Exeoutor or oontingent Execntor, as the case may be.
§5.2 I appoint my sons, Robert W. HockTey and Wayne E. Hockley, or either of
thern, as trustees of any trust which may be created under this will.
Articte Five: Powers af Fidueiaries:
§5.1 No fiduciary under this Will shall be required to give bond or other security for
the fazthful perfarmance of the fiduciary's duties.
§5.2 Any such fiduciary shall have the following pawers, in additian ta those given
by law:
§5.2.t To invest in,acezpt and retain any real or personal property, including
, stock of a corparate fidueiary or its holding company, without restriction ta legal
invesrinents;
§5.2.2 To sell,exchange,partition t�r lease for any period oftime any real or
personal property and to give aptions therefor for cash or credit, with or without
security;
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--..... . ��■
§5.2.3 To borrow money frorn any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
§5.2.4 To hold shazes of stock or other securities in norninee registration
form, including thai of a clearing corporation or depository,or in book entry farm or
unregistered or in such ather form as will pass by delivery;
§5.2.5 Ta engage in litigation and comprornise,arbitrate or abandon claims;
§5.2.6 To make distribntions in cash, or in kind at current values, ar partly
in each,allocating specific assets to particutar distributes on a non-pro rata basis,and
for such purpases to make reasonable flaterminations of current values;
§5.2.? To make elections, decisians, concesssons and settlements in
connection wit2� all income, estate, inheritance, gift or ather taac retnrns and the
payment of such taxes,without abligation to adjust the distributive ahare of income
or principal af any person affeeted thereby;
§5.2.8 To allocate,in the Executor's sole and absolute discretion,any portion
of my exemptian under Section 2631{a}of the Intesnal Revenue Code to any property
as to which I azn the transferor, including any properry transferred by me during my
lifetime as to which I did not make an allocation prior to rny death;
§5.2.9 To disclttim any interest I rnay have in any estate if the Executor deems
such disclaimer to be in the best interests of my estate and the beneficiaries thereof;
§5.2.10 To terminate any trust created herein,the principal of which is or
becornes too small in the Trustee's discretion to make the establishment or
continuance af the trvst advisable, and to make immediate distribution of the then
remaining trust property to the beneficiary then antitled to the incame of the trust
properry or,if there is more than one beneficiary,to the beneficiaries then entitled to
the income of the tcvst property in propartion to their respective interests therein
or, if sixch interests aze not defined, in equal sharas to such beneficiaries; provided,
however, no Trustee shall participate in any decision to terminate such trust if by
, reason of such tecmination such trustee could receive a distribution of trust properry
from such trust as aforasaid. The receipts and releases af the distributee(s) will
terminate absolutely the right of all persons wha might otherwise have a future
interest in the trust,whether vested or cantingent,witltout natice to them and without
the necessity of filing an account in any court; and
§5.2.21 To merge any trust created hereunder with any other trust ar trusts
if the terms of any such trust aze then substantially similar and held for the primary
benefit of the sarne person ar persons.
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Article Six: Provision for Taxes:
§6.1 All estate taxes, inheritance taa�es, transfer taaces and other taa�es of a similaz
nature payable by reason of my death to any government or subdivision thereof upon or with respect
to any property subject to any such tax ("Death Taxes"), and any penalties thereon, sha11 be paid
by the Executor as follows:
§6.1.1 Death taxes due on the value of items of Tangible Personal Property
bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my
estate disposed of by Article Two of this Will.
§6.1.2 Death taxes, if any, due on the value of assets such as life insurance policies,
my IRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before
distribution of the balance of the accounts is made to the beneficiaries named in the life insurance
policies, IRAs or Annuities.
§6.13 Any other death taxes due on a11 other assets shall be paid by the Executor out
of the principal of the residual portion of my estate disposed of by Article Two of this Will.
Article Seven: Provision for Debts and Expenses:
§7.1 I direct that any of my legally enforceable debts, any expenses of my last
illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from
the principal of the residual portion of my estate disposed of by Article Two of this Will.
Article Eight: Miscellaneous Provisions:
§8.1 As used in this Will,the term"Internal Revenue Code" sha11 mean the Internal
Revenue Code of 1986,as amended from time to time,or the corresponding provision of subsequent
law.
§8.2 Whenever the Fiduciary is to distribute property to or for the benefit of any
beneficiary who is under(a) eighteen years of age, or(b)a legal disability or othenvise suffers from
an illness or mental or physical disability that would make distribution directly to such beneficiary
inappropriate(as determined in the Fiduciary's sole discretion exercised in good faith),the Fiduciary
may distribute such property to the person who has custody of such beneficiary, may apply such
property for the benefit of such beneficiary, may distribute such properry to a custodian for such
beneficiary, whether then serving or selected and appointed by the Fiduciary (including the
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Fiduciary),under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act,
may distribute such property direcfly to such beneficiary's estate,or may distribute such property
directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply),
without liability on the part of the Fiduciary to see to the application of such property. This
provision shall not in any way operate to suspend such beneficiary's absolute ownership of such
properiy or to prevent the absolute vesting thereof in such beneficiary.
§83 Except as otherwise may be provided in this Will,until the property is dishibuted
to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary,
respectively, and the income thereof shall not be subject to or liable for any contracts, debts,
engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or
committed,but sha11 be absolutely free from the same, and such beneficiary shall have no power to
sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein,
respectively, or the income thereof, or to anticipate the income.
§8.4 If any beneficiary hereunder should die within thirty(30)days after me or within
thirty (30) days after any other person the survival of whom determines his rights hereunder, then
such beneficiary shall be deemed to have predeceased me or such other person for all purposes
hereunder.
IN WITNESS WHEREOF,I,LILLIAN MAE HOCKLEY,have hereunto set my hand and
seal to this, my last Will, typewritten on eight (8) sheets of paper, including the self-proving
attestation clause and signatures of witnesses, this�day of�,�2�4. S p
�(,r�� �' �rt.��s�.60o i �sEai.�
LILLIAN MAE HOCKLEY
Signed, sealed,published and declared by the above named LILLIAN MAE HOCKLEY
as and for his last Will, in the presence of us and each of us, who, at his request and in his presence
and in the presence of each other,have hereunto subscribed our names as witnesses thereto the day
and yeaz last above written.
6
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COMMONWEALTH OF PENNSYL"VANIA:
: SS.
CC}UNTY OF CIJMBERLAND .
We,LILLIAN MAE HdCKLEY, the tastator, and
��Y1\'� �C`�iC-�-�----..- ���C"1 � .�C'_=�2YL�`?k > and
,SP �n�� , �P�c'Yl�'� , the witnesses,whosa names are signed to the attached
or foregoing instrumant,being first duly sworn,da hereby declare to the undersigned authority that
the testator signed and executed the instrument as his last Will; that the testator signed willingly
and executed 3t as his free and votuntary act far the purposes therein expressed; that each
subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to
the best af his or her knowiedge the cestator was at that tima eighteen{l8}years of age or alder, of
sound mind and under no constraint or undue in#luence.
o�,`°r��..,,�-yr�. y�.�.�.�� �J�` ,�9t�ctJ�
LILLIAN MAE HOCKLEY Witness
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�� � � �,�ar{� ��,�(�n.�t U'��—�.
Witness Witness
Subscribed, sworn to and acknowledged before me by LILLIAN MAE
HOCKLEY, the testator, and subscribed and sworn to before me by
�LL , 1 nr� b> EY1 .1c�� and
-�en �n�i��,��� , the witnesses, this ln��- day of3s�;
�e.bru�
2ooa. SOP
. ��
Notary Public
My Commission expires:
SEAL
Notanal Seal �
Shelley D.Pinckney, Notary Public
Camp Hiil Boro,Cumberland County
My Commission Expires Nov. 1, 2004
Member,Pennsylvania Association of Notaries
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