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HomeMy WebLinkAbout07-16-15 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 tt Name: Virginia D. Hock File No: a/k/a: Virginia Dare Hock (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: July 5,2015 Age at death: 86 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 105 Willowview Drive Carlisle, Middlesex Twp. Cumbea Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 105 Willowview Drive Carlisle, Middlesex Twp. Cumba Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 5,000 If not domiciled in Pennsylvania. ........ ...... Personal property in Pennsylvania S If not domiciled in Pennsylvania. .................. Personal property in County $ Value of real estate in Pennsylvania.........., .............................................. $ 125,000 TOTAL ESTIMATED VALUE. ... $ 130.000 Real estate in Pennsylvania situated at: 105 Willowview Drive Carlisle, Middlesex, Cumbed (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough Comity A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated and Codicil(s) thereto dated 41 IQ State relevant circumstances(e.g.renunciation,death of executor,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 victim 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 mindritate If Administration,ca.m or d b.n.c.t a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. ' ❑NO EXCEPTIONS ❑EXCEPTIONS 0 Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was sur<*d by the foil494tg spDlase any)and heirs(attach additional sheets,if necessary): } 4r C'y C- VJ C? Name Relationship i'r't � CAddress --1 CI C� 7: fJ� y tw7 a Q u'tV J n cn Form RW-02 rev.10/11!2011 Page l.of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: -, COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Lisa K. Hoyaux 144 Fairview Drive, Carlisle, PA 17013 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief F1, of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petition r(s)will well and truly administer the estate according to law.. « Sworn to firmed and ub ribed before {� Date 7 �, f me this day o Date :t By: Date or t r Date a BOND Required: YES dNO To the Register of Wills: FEES: Please enter my appearance by my signature below: JW UD . . . . . . . . . . . . . . . . . . . . . . $ � UD Attorney Signature: ( � ) Short Certificate(s).. . . . . 0' ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . - ( )Affidavit(s).. . . . . . . .. . . Bond.. . . . .. . . . . . . . . . . . . . . . . . Printed Name: Mark A. Mateva Commission. . . . . . . . . Supreme Court Other L . . . . . . . . �� ID Number: 78931 © -rte C) . . . . . Firm Name: Mateva Law Firm, PF © C_ . . . . . Address: 55 West Church Ava�o to x7• . . . . . . . Carlisle, PA 17013 •. � �' Co . . . . . . . Phone: 717-241-6500 r-� c� �, "t► ►.-'l Automation Fee. . . . . . . . . . . . . . . Fax: 717-2413099 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: mam(a)-mateyalaw.coyri . TOTAL. . . .. . . . . . . . . . . . . . . . . $ -t7 CA Q C17 DECREE OF THE REGISTER Estate of `{ 1 f(CFile No: a/k/a: Yi 6 AND NOW, ,in consider tion oft e foregoing Petition, satisfactory proof having been esented before me,IT IS DECREE that Letters P are hereby granted to cGL (-� id theabove estate and(if applicable).that' the instrument(s)dated described in the Petition be admid to probate and filed of record as the last Will(and Codicil(s))of Decedent. R gister of Wil Form RW-02 rev.10/11/2011 Page 2 of 2 LAST WILL AND TESTAMIIT m rn �. (Pour-Over Will) n OF �rnzn r— cn-tb VIRGINIA D.HOCK T,t � a ., c-j -v �� IDENTITY c=> rn i-- I,VIRGINIA D. HOCK,residing in the County of CumberlaCud,Comm vea o6.Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever,hereby declare this to be my Last Will and Testament,and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 252-40-9129. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married,namely,REUBEN W.HOCK. By the ensuing provisions of this Will,it is my intention to dispose of my interest in our property;I do not intend to dispose of anything belonging to my husband or to put him to any election. I have the following children: LISA K.HOYAUX born August 27, 1957 and currently residing in Carlisle,Pennsylvania. DEBTS,TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise,and estate, inheritance,transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties,if any)that become due by reason of my death,under THE REUBEN W.HOCK AND VIRGINIA D.HOCK REVOCABLE LIVING TRUST executed on even date herewith(the"Revocable Trust"), or if my spouse predeceases me,under the Survivor's Trust created by the said Revocable Trust. Ifthe Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative,my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items,plus claims,pecuniary legacies,and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets,it is my desire that such assets pour into the Revocable Trust,signed by me this date in accordance with the provisions of the section titled"Residue of Estate." POUR-OVER WILLS /Z o?"4— Page 1 (Testator/Testatrix) RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description(including lapsed legacies and devices),wherever situated and whether acquired before or after the execution of this Will,to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold,administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid,then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust,as Trustee,and to their substitutes and successors under the Trust,described herein above,to be held,managed,invested,reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint REUBEN W. HOCK as my Independent Executor of this,my Last Will and Testament,to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint LISA K. HOYAUX to serve without bond as my Independent Executor. In the event the second named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever,then and in that event, I hereby nominate and appoint JANELLE L. BAKER to serve without bond as my Independent Executor. In the event the third named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever,then and in that event, I hereby nominate and appoint JESSICA L. BAKER to serve without bond as my Independent Executor. Whenever the word"Executor"or any modifying or substituted pronoun therefore is used in this my Will,such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine,feminine and neuter gender thereof,and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally,my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate POUR-OVER WILLS Z �P ��— Page 2 (Testator/Testatrix) between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to,continue any business of mine,convert,deal with,dispose of,enter into,exchange,hold,improve, incorporate any business of mine, invest, lease,manage,mortgage, grant and exercise options with respect to,take possession of,pledge,receive, release,repair, sell, sue for,make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general,exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best,and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will,without being limited in any way by the specific grants or power made,and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required,to make adjustments in the rights of any Beneficiaries,or among the principal and income accounts to compensate for the consequences of any tax decision or election,or of any investment or administrative decision,that my Executor believes has had the effect,directly or indirectly,of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate,my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this,my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will,or of the Living Trust to which I have made reference in the sections"Household and Personal Effects"and"Residue of Estate,"then,to that person or entity,I give and bequeath the sum of only one dollar($1.00)only in lieu and in place of any other benefit, grant,bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined,then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. IR14NIA D. HOCK Testatrix POUR-OVER WILLS Page 3 (Testator/Testatrix) This instrument consists of 5 typewritten pages, including the Attestation Clause, Se)f-Proving Clause,signature of Witnesses,and acknowledgment of officer. I have signed my name at the m of each ofPoe g pages. q d"�is instrument is being signed by me on this day of ATTESTATION CLAUSE The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was her Last Will and Testament,and she requested us to act as witnesses to such instrument and to her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request,the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare,in the presence of each of us,that we believe the Testatrix to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix. WITNESSES: ADDRESSES: (Printed Name of Witness) (Printed Name of Witness) POUR-OVER WILLS d' Page 4 (Testator/Testatrix) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE B F t undersigned auth > is da erso 1 a p eared VIRGINIA D. HOCK, g an / �� ,known to me to be the Testatrix and the witnesses,respectively,whose names are subscribed to the foregoing instrument in their respective capacities,and all of them being by me duly sworn,VIRGINIA D.HOCK,Testatrix,declared to me and to the Witnesses,in my presence,that the instrument is her Will and that she had willingly made and executed it as her free act and deed for the purposes therein expressed;and the Witnesses,each on his or her oath, stated to me in the presence and hearing of the Testatrix,that the Testatrix had declared to them that the instrument is her Will and that she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths,each witness stated further that he did the same as a witness in the presence of the Testatrix,and at her request and that she was at that time eighteen(18)years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen(14)years of age. VIRdJNIA D.HOCK Testatrix ess 14 14 004 Z4-0 I (Tinted Name of Witness) ss (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGED before GINIA Testatrix, and sub d rn to before me by � -------- and witnesses,this the day of , NOTARIAL SEAL Notary Publ' ,Corfrmonwealth of Pennsylvania TODD B.GARFINKLE,Notary Public Lower Southampton Twp„Bucks County My Commission ELpres M2y 3,2004 POUR-OVER WILLS 2,L, Page 5 (Testator/Testatrix)