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Home My WebLink About04-27-15 �ii.i . i n i � PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: W. Thomas Kirchhoff. Jr, File No: .y��" �,� ' �]L1 a/k/a: William T. Kirchhoff. Jr. (Assigned by Register) a/k/a: William Thomas Kirchhoff, Jr. ��a� Social Security No: Date of Death: March 10, 2015 Age at death: 44 Decedent was domiciled at death in Cumberland County, Pennsvlvania (Srare)with his/her last principal residence at 1 Glen Ridqe Dr., Lemovne PA 17043 Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1 Glen Ridae. Dr.. Lemovne PA 17043 Cumberland PA Street address,Post Office and 7rp Code City,Township or Borough County State Esrimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $1�,��,00�.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of rea!estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $1 O, , Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Oftice and Zip Code City,Township or Borough County �✓ A. Petition for Probate and Grant of Letters Testamentarv Peritioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 9/12/2013 and Codicil(s) thereto dated 11o11e - State relevant circumstances(e.g.renunciation,death of executnq etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a child born or adopted;and Decedent was neither the vicrim of a killing nor ever adjudicated an incapacitated person. ' �✓ NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or r�b.n.c.�a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a parry to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS �EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationshi Address �—' � 1"T1 n � Tr1 C"� � z7 � `'"� c',y .....e f"� =�-. _. (`J �� , } 4w � � �,�� L�� Form RW-02 rev.10/11/2011 � � '� � � � c:7 r� �e 1��f� ��:, �t � `� :� i,:.: Lp £'""' =� � c.� , �..� � -xt ..,� —J iii � iii i �---. � C� c�r _ :� �ry � Q 6"�1 � � � "I� G� � Oath of Personal Representative o '""ia Se�iy� �•- Y �T ..,, ,- .. __� r� r� rJ ;_; ;_; - - �.;, —J , COMMONWEALTH OF PENNSYLVANIA } " � , ;. , } SS: " � � COUNTY OF Cumberland } ; ; `_:1;� =3 ..'' . - .� e, ` � Petitioner(s)Printed Name Petitioner(s)Printed Address ' � Cf� • Staci D. Kirchhoff c/o G.P. Otto, Sageworth 160 N Pointe Blvd Ste 200 Lancaster PA 17601 Robert Whalen c/o G.P. Otto, Sageworth 160 N Pointe Bivd Ste 200 Lancaster PA 17601 The Petitioner(s}above-named swear(s)or affirm(s)the statements in the foregoing Perition are true and correct to ttie best ofthe knowledge and belief of Petitioner(s)and that,as Personal Representarive(s)of the Decedent,the Petitioner(s)wiil well and truly administer the estate according to law. Sworn to affirmed subscribed b ore �. '� CA. � - \ Q Date ��-7= �� me this �da o � Date y�—2.7 ( By: ---�- Date the Reg ster Date BOND Tiequired:Q YES m NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . $ �J /1!+(J `��' Attorney Signature: . . . . . ( .�� )Short Certificate(s). . . . . . J��; ( )Renunciation(s).. . . . . . . . � �i � � ( )Codicil(s). . . . . . . . . . . . . (�..�-f�(,1P'�i,.t"V � . �i; i,�6 � ( )Affidavit(s)... . . . . . . . . . Bond.. . . .. . . . . . . . . . . . . . . . . . . Printed Name: Larissa R. Whitman Esq Commission. . . . . . . . . . . . . . . .. . Supreme Court Other . . . . . . . ID Number: 57709 '-/ . — G �Y� . . . . . . . . Firm Name: Drinker Biddle&Reath LLP � �• • • • • • • � Cl'�� Address: One LoQan Sq. Ste.2000 � • � • • • � • Philadelphia PA 19103-6996 • • • • • • • • Phone: 215-988-2785 Automation Fee. . . .. . . . . . . . . . . •D�' Fax: 215-988-2757 JCS Fee. .. . . . . . . . . . . . . . . . . . . . U Ema�1: larissa.whitman(a�dbr.eom TOTAL. . . . . . . . . . . . . . . . . . . . . $ .�� 15:,�i� DECREE OF THE REGISTER Estate of W.Thomas Kirchhoff Jr. File No: �� /��y 70 a/k/a: William T. Kir hoff, Jr. William Thomas Kirchhoff, Jr. AND NOW, o� `7 , O�Q/S ,in consideration of the faregoing Petition, satisfactory proof hav' g been presented before me,IT IS DECREED that Letters TestamentaN are hereby granted to Staci D. Kirchhoff and Robert Whalen in the above estate and(if applicable)that the instrument(s)dated September 12, 2013 described in the Petition be admitted to probate and filed of r ord as the,last W ill (and C ic' (s))of Decedent. ;�•��. (l �l�J Register of Wills � �t 'C,�. Form RW-02 rev.1 D/II/20t 1 `– ag��Of 2 t'..- i i..i...� i�.�. i REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � � RIY No. 2015- 00470 PA No. 21- 15- 0470 Es ta te Of: W THOMAS K/RCHHOFF JR lFirst,Midd/e,Lastl a/k/a: W/LLIAM T KIRCHHOFF JR WILLIAM THOMAS KIRCHHOFF JR La te Of: LEMOYNE BOROUGH CUMBERLAND COUNTY Deceased Soci al Securi ty No: WHEREAS, on the 27th day of April 2015 an instrument dated September 12th 2013 was admitted to pro.bate as the last will of W THOMAS KIRCHHOFF JR (Fi�st,Middle,Lastl a/k/a WILLIAM T K/RCHHOFF JR WILLIAM THOMAS KIRCHHOFF JR late of LEMOYNEBOROUGH, CUMBERLAND County, who died on the 10th day of March 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: STACI D KIRCHHOFF and ROBERT WHALEN who have duly qualified as EXECUTOR(R/X) and have agreed to administer the estate according to Iaw, all of which f�l� a�ears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, G��ISLf;+PENN�-Y`�VANIA. �,� ��-IN�ES�I��Y WHEREOF, I have hereunto set my hand and affixed the seal _ �, �`my roffi�ce,_,orr the 27th day of April 2015. �� F� � �1 _ , ' �' c,� � :� _i -... U � � � ci � �,..- � � � 0 ,� Regist f i ls � � �� ` , . �. Deputy �' � fA **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) � S c� �"`�-+ � r� � o � ��-, cc'.� � � � �� £T� _z� <-, . �w;� ,-� .��„ f- N :t LAST WILL AND TESTAMENT � i 1 � �� , _ OF . ' � _..., �; 'rt7 W. THOMAS KIRCHHOFF, JR. f ' �� _,.� °` c-� c p r' rr1 �� .."� --� �� 'Tl I, W. Thomas Kirchhoff, Jr., a resident of the State of Pennsylvania, be'ing of soun�and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking and annulling any and all prior Wills and Codicils made by me. ARTICLE I PERSONAL EFFECTS I give and bequeath all of my automobiles, boats, motorcycles, airplanes and other transportation vehicles, household furniture and furnishings, books, photographs, works of art, jewelry, watches, wearing apparel and all other articles of household or personal use or ornament which I own at the date of my death, together with all insurance policies which are in force at the date of my death insuring any of the herein bequeathed proper�y against any loss or liability, to my spouse, Staci D. Kirchhoff(my "spouse"), if my spouse survives me for thirty (30) days; but if my spouse does not survive me for thirty (30) days, then to my children who survive me for thirty (30) days, to be divided among them by my Executor as fairly as possible having due regard for their personal preferences. There shall be no adj ustment among my then living children in the event any said child receives under this provision pr•operty of greater value than another child. If my spouse does not so survive me, and if any said child is a minor on the date of such division, any guardian of said child or any person in loco arp entis to said child shall represent said child for all purposes of this Article, and the receipt by said person of the assets distributable to said child shall be a full and complete acquittance of my Executor. ARTICLE II RESIDUARY ESTATE 2.1 Pour-Over to Revocable Trust. I give, devise and bequeath all the rest, residue and remainder of my estate, of whatever kind and character, whether t-eal, personal or mixed, and wheresoever located, of which I am seized or possessed or to which I am entitled in any way at the date of my death, excluding any property over which I may have a power of appointment (it being my intention not to exercise any such power) but including an}� lapsed bequest hereunder, all of which is hereinafter referred to as my "residuary estate", to tlie then acting Trustee under the Declaration of Trust heretofore executed by and between myself, as Grantor and as Trustee, on May 21, 2012, which created the 2012 W. Thomas Kirchhoff, Jr. I�iving Trust, to be added to and become a part of the trust estate of such trust, and to be held, administered and distributed �.,,��, ,,,, ,,..n , pursuant to the provisions of such Declaration of Trust as it has been last amended prior to my death (the "Revocable Trust"). 2.2 Incorporation bv Reference. If the gift, devise and bequest to the Trustee under the Declaration of Trust which established the aforesaid Revocable Trust shall fail or shall be legally ineffective for any reason, my residuary estate shall be distributed pursuant to the terms and provisions of such Declaration of Trust as it has been last amended prior to my death, which terms and provisions I hereby specifically incorporate by this reference as a part of this my Last Will and Testament. ARTICLE III EXECUTOR 3.1 Appointment of Exeeutor. I hereby nominate and appoint my spouse and my friend, Robert Whalen("Robert"), as Co-Executors (collectively, iny "Executor") of this my Last Will and Testament. In the event of a vacancy in the executorship �l,rust caused by the inability or unwillingness of my spouse to act as Co-Executor, then no successor shall be designated to fill such vacancy. In the event of a vacancy in the executorship 'I'rust caused by the inability or unwillingness of Robert to act as Co-Executor or Executor, as the case may be, then my friend, Joseph Lundy, shall act as successor Co-Executor ar Executor, as tlie case may be, to fill such vacancy. If the appointment of an Executor of my estate is necessary or desirable in any jurisdiction in which no Executor named herein is able and willing to act, I appoint as my Executor in that jurisdiction such person or qualified corparation as my Executor designates in writing. The Executor as to that jurisdiction shall exercise the powers granted to my Executor by this my Last Will and Testament without authorization by any court. 3.2 Meanin� of Executor. Wherever reference is made herein to my "Executor", such reference shall be deemed to include any and all successor Executors at any time qualified to act and acting as Executor of this my Last Will and Testamenl: and shall also include any Administrator with the Will Annexed for the time being in office, and each such successor Executor and Administrator with the Will Annexed, immediately upon qualification as such, shall be vested with all of the powers, rights and duties as if originally named as Executor hereof. 3.3 Administrative Expenses and Taxes. Pursuant to the provisions of the Revocable Trust, I have directed the payment of funeral expenses, certain debts, costs of administration of my estate and taxes assessed by reason of my death. I hereby confirm this direction. If directed by the Trustee of the Revocable Trust, my E;xecutor shall exercise any rights of reimbursement granted under Federal or state law, agreement or otherwise. -2- �1rr.�..,.,�.�r.�. , 3.4 Exculpatory Clause. My Executor shall not be liable for any loss to my estate occasioned by acts in good faith in the administration of my estate, or in reliance upon an opinion of counsel, and in any event my Executor shall be liable only for willful wrongdoing, or gross negligence, but not for honest errors of judgment. 3.5 Executor's Compensation and Expenses. My Executor shall be entitled to receive from my estate a fair and just compensation for services rendered as Executor, and my Executor shall also be reimbursed for all reasonable expenses incurred in the management, protection and distribution of my estate. 3.6 Executor's Powers. My Executor shall have all of the administrative and investment powers conferred upon the Trustee of the Revocable Trust (which powers are hereby specifically incorporated herein by this reference), and all other powers conferred by law upon Executors, all of which may be exercised without leave or approval of court. In addition, my Executor shall have the powers: (a) to exercise all rights of disclaimer to which I would be entitled were I living, and my Executor shall be entitled to exercise such i-ights without leave or approval of court, regardless of how such disclaimer affects the distribution of the disclaimed property; (b) to join with my spouse or with the personal representative of my spouse in a joint Federal and/or State income, declaration of estimated income or gift tax return covering any period of time for which such returns have not been filed by me, and in any manner to otherwise affirm ar disaffirm the filing by my spouse of a joint Federal and/or State income, declaration of estimated income or gift tax return covering any period of time for which such joint returns may be filed by my spouse, and to pay in connection with any such return or returns such taxes, interest and penalties which to my Executor may seem proper; (c) to claim any expenses of administration of my estate either as deductions upon an income tax return or returns and/or as deductions fi-om my gross estate upon an estate tax return; (d) to allocate any portion of the exemption which I am allowed pursuant to Section 2631(a) of the Code to any property with respect to which I am the transferor, including any property which I may have transferred during my lifetime but with respect to which I made no allocation pursuant to said Section 2631(aj; (e) to make any election available under any tax law, including, but not limited to, the following: (i) to make (or not to make) the election described in Section 2056(b) of the Code, so that all or any part of the property which is includible in my estate for Federal estate tax purposes which otherwise qualities as "qualified terminable -3- ,�»1 II'I 1 ''Z TI"11 � 1111.1 Y If 1 1 1 • interest property," as that term is defined in said Section 2056(b), will qualify as such; and (ii) to make or to maintain (or not to make or not to maintain) the election described in Section 1362(a) of the Code (relating to S-corporation status) with respect to any corporation in which I am a shareholder; and (� to exercise (or not to exercise) any other elections available under any applicable law. My Executor shall have absolute discretion in the eYercise or non-exercise of the foregoing powers, and my Executor's decision in that regard shall be final, and not subject to question by any person. I hereby direct that no adjustment between income and principal or in the amount of any bequest hereunder shall be required or made as a result of my Executor's exercise of such powers. 3.7 Bond of Exeeutor. I direct that no Executor herein designated shall be required to give any bond, and if notwithstanding this direction, any bond is required by any law, statute or rule of court, I direct that no surety be required thereon. 3.8 Powers, Ri�hts and Duties of Successor Executors. Each successor Executor shall be vested with all of the powers, rights and duties as if originally named as Executor hereof. ARTICLE IV SIMULTANEOUS DEATHS If my spouse and I die under such circumstances that there is no sufficient evidence that we died otherwise than simultaneously, my estate shall be disposed of and this my Last Will and Testament shall be read as though my spouse had survived me. ARTICLE V GUARDIANS FOR MINOR CHILDRTN 5.1 Desi�nation of Initial Guardian. I hereby designate my spouse as guardian of the person and of the estate of my children during their respective minorities. 5.2 Desi�nation of Successor Guardians. If my spouse predeceases me ar fails to qualify to act as guardian of the person and of the estate of my minor children, or if having qualified, dies without having made a designation of a successor as guardian of the person and of the estate of my minor children, or if my spouse resigns, ceases to serve or becomes -4- �_�ma i rA rr-n � incapacitated before all said children attain their respective majorities, I hereby designate the following persons, one (1) at a time and in the order named, to serve as successor guardian of the person and of the estate of said children during their respective minorities: (a) Robert and Amanda Whalen,jointly or the survivor of them alone; then (b) my sister, Karen K. Klock, and her spouse, Robert Klock, jointly or the survivor of them alone. 5.3 Bond. I direct that no guardian of the person or of the estate, herein designated, shall be required to give any bond and, if notwithstanding this direction, any such bond is required by any law, statute or rule of court, I direct that no surety be required thereon. ARTICLE VI CONSTRUCTION 6.1 Code. As used herein, any reference to a section oi�the "Code" shall mean such section of the United States Internal Revenue Code of 1986, as amended, or the corresponding provision of any subsequent Federal tax law. 6.2 Headin�s. The headings, titles and subtitles herein are inserted for convenience of reference only, and are to be ignored in any construction of the provisions herein. 6.3 Pronouns. As used herein, pronouns shall include the masculine, feminine and neuter thereof, the singular shall include the plural, and the plural shall include the singular, wherever the context and facts require such construction. �t� IN WITNESS WHEREOF, I have signed this my Last Wili and Testament, on this I o� day of ��-fc.�.�, (O�✓' , 2013. � �� , W• Tho�s Ki rchho f, Jr � -5- �„�,, �e ��-�� , � We hereby certify that the foregoing instrument was, in the presence of us on the date last above written, signed, published and declared by W. Thomas Kirchhoff, Jr. to be his Last Will and Testament, and he requested us to act as witnesses thereto, and we, in his presence, and in the presence of each other, believing him then to be of sound rnind and memory, acting voluntarily and not under duress or constraint of any kind, saw him sign the same instrument as aforesaid, and thereupon signed our names as attesting witnes5es to such Last Will and Testament. ' ' Pl� � I"- � residing at �c'��c��'��`; J ,�� residing at Q��z ul'��;"f�r�`��^� � - - -- 7 � �'�l? residing at ��:.��;.-�., `::;..: _� P►+- f -6- �N�-11�.�..�.,.� I C 7' " . Y AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA) ) SS COUNTY OF ) We, W. Thomas Kirchhoff, Jr., �'_��2. � Q�"�o , Dc�v�d �.r v�f and �'�rv 1 $�e�n',uM�n , the Testator and witnesses, respectively, whose names are signed to the foregoing instruinent, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the aforesaid instrument, and the Testator signed willingly and executed the aforesaid instrument as the free and voluntary act of the Testator for the purposes therein expressed; and that each of the witnesses saw the Testator sign the aforesaid instrument and in the presence of the Testator, at the request of the Testator, and in the presence of each other, signec.l the aforesaid instrument as witnesses, and that to the best of their knowledge, the Testator was, at that time, eighteen (18) or more years of age, of sound mind, and under no constraint or undue influ n e i�f �� , W as Kirclih f. Jr Testator � y,'� ��) `�' .,�� , Witness � �,�� , ,�;, `' . ' 1,,��,(, —� � , Witness �--�-• � ; _�_.� � ,,�� , Witness SUBSCRIBED AND SWORN TO AND ACKNOWLEUGI;D before me by W. Thomas Kirchhoff, Jr., the Testator, and subscribed and sworn to before me by V�ehe p 0 H'o , i�c...��dl l�r�-�'-�' , and �:�'o l+ �e �i► ��i��r , as witnesses,this f�day of �C,I'�"i;p�h�t� , 2013. �-�'./�) /. ��.� _ (.� N Public My commission expires: coM��vrvEa�r�aw�c��r�Ylv�u�+ o ra Lyrsn P.Wittel,Notary Public Swatara Twp.,Dauphin County �1y Co��mission Expires]an.29,2014 M?fC�Et'• �:'Wlr�c�,!';y'.?:n;�=.3r�'"'d`'Irn 4f NCtBI'i8S