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HomeMy WebLinkAbout06-27-05 RlIOADS & SINON LLP Stanley A. Smith Te/717-23J-6628 Fx: 717-23/-6676 ssmith@rhoads-sinon.com FILENO, 1143102 June 24, 2005 Re: Estate of Florence K. Hoffman Date of Death: June 1 0, 2005 Ms. Glenda Farner-Strasbaugh Cumberland County Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 Dear Ms. Strasbaugh: We are submitting to you for probate the original Will of Florence K. Hoffinan who died on June 10,2005, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will. 2. Oath of Subscribing Witnesses. 3. Original death certificate. 4. Petition for Grant of Letters. You will note that the oath of the Executor was taken by the Dauphin County Register of Wills. 5. Estate Information Sheet. 6. Check in the sum of$130.00 representing payment of probate fee of $60.00; the cost of 10 short certificates at $40.00; the automation and JCP fee of $15.00; and the fee for the Will of$15.00. We have also enclosed a copy of the Petition for Probate, the Oath of Subscribing Witness and Estate Information Sheet, that we ask you to time-stamp and return in the envelope provided. If you have any questions or comment regarding the enclosed, please contact the undersigned. Enclosures cc: Mrs. Ruth Ann McMillen (w/encl) 568852.1 Rhoads & Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. PO. Box 1146 Harrisburg, PA 17108-1146. ph (717) 233-5731. Ix (717) 232-1459. www.rhoads-sinon.com Register of Wills of Cumberland County, Pennsylvania Estate of Florence K. Hoffman PETITION FOR GRANT OF LETTERS No. ~I -05 -OSg3 also known as "Deceased Social Security No. 136-01-8986 Manufacturers and Traders Trust Com an Successor to Dau hin De osit Bank and Trust Com an Pf!l~ioner(s). who is/are 18 years of age or older, apply(ies) for. (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Wiil of the Decedent, dated November 9. 1995 and codicil(s) dated lill Slate relevant circumstances, e,g., rellunciatlon, dealh of executor, etc Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: No exceptions o B. Grant of Letters of Administration (d-b-n.c,t.a.:pendenteme;duranteabsentia:dl.lrantemlnorilate) Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or prinCipal residence at Bethanv Villaae. 325 Weslev Drive. Mechanicsburo PA (list slreeI. numberarod municipality) Decedent, then 92 years of age, died June 10 ,,2005_, at Bethanv Villaae. 325 Weslev Drive. Mechanicsburo PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property. ................................................ ................... ............. $ 2 0, (.':A' ,'-... (If not domiciled in PA) Personal property in Pennsylvania............... .................... ............. $ (If not domiciled in PA) Personal property in County................................................... ............................$ Value of real estate in Pennsylvania ................ ........................................... .............................$ TotaL............................... ...... ............................ ................... ... ... ....................... $ Z (..~ "...J.;;- _ l '..~ Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of letters in the approPriate fonn to the undersigned: .. Typed or printed name and residence Manufacturers and Traders Trust Company 213 Market Street Harrisburg PA 17101 Form RW_l Page 1 of 2 (Dauph<n CoUl'1ly) _ Re~, 9192 478330.] - Oath of Personal Representative Commonwealth of Pennsylvania County of The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) ;n~that, a. s personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accord~. to la ~Z (2 ~' ~. ,// Sworn to and affirmed and subscribed /:ttt1, !110t1t I/fg,,,,, fJ(//- before me this c:?5z.ef.. day of J~ 206.5 ~#IiJ/~~clL1!fl?~ 21 Social Security No: Date of Death: AND NOW, d 7I-'1da.~ J'~rJL ,200, , in consideration of the Petition on the reverse side hereon, satisfacto.!}vp of having been presented before me, IT IS DECREED that Letters n Testamentary 0 of Administration are hereby granted to ~ .-:-- ~ ;.b.n_C'I.:pendentelile;duranteabsentla;dUrantemillO,~ No. Estate of os - f lor t' nc<L.. os ~ 3_ K. l-IoP~l Deceased in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate(s).......... Renunciation................ .. Affidavit ( )................. Ex1ra Pages ( )............ CodiciL........................ JCP Fee........................ Inventory...................... . Other............................ TOTAL. _.............. Fann RW_1 Page 2 of 2 (Dauphin County). Rev 9192 $ g,' f. , LI: $ $ $ $ $ $ $ $ A Reg;slerof WUls C V eJJ C LA ~ ~\~ ~\V;t~ff'OCC Attorney: Stanlev A. Smith f' \ \ 1.0. No: 33782 Address: Rhoads & Sinon LLP. PO Box 1146 1 South Market Square. Harrisburq, PA 17108-1146 Telephone: 717-233-5731 $ ~l;)'lfo<) uf fr L.e \\e C<, i'Ao.,\<1..d. -........ J[III_\~OS REV 11115 11,.,t the InIO!'llWlon here ""en IS cOIrcct/v copied 110m an oflglnai cerr.ificatc 0: de.al~ dllt~!I'. ri~cd with Thi\ is 10 certify , " the State Vllal Records Of/Ice for permanent, Ing. L4ll..'al R.egi.'itr~lI. The Ollgl11d] cClldlcatc will he lorw,lIdcd to illegal to duplicate this copy by photostat or photograph. . me as WARNING: It is No. 11,'f~Qtpl;;--~___ /\I~\.Y':/ -----~1'J"\. t~7. !If-~" ~\ !~.' ~ ''Z~ ~Q~ ,,~- .'Ii;~ ~ (..), _'" t_ ., ~ \~~t. '/':',i \.~~ -/~l'\ ~--9'A""-..______;'*--'rIII' -'-- "''''ENT U'<" "" ~'''''''''''''"u/l",''I!llfl " h.:l' for this clTti ficate. $6,()() P 1"77n-.'-, .,,_L; ,I' ~)bU..L _Jp-(\-oj_ Dale t1105:.o.JR"U81 TYPE/PAINT " PER......N,E'H 8U,CICIHK NAME OF D€CEO(NTI~"tl.""-. __I l.FLORENCE K. HOFFMAN COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEA.lTH . VITAL RECORQS CERTIFICATE OF DEATH 92 UNOf:I'I1 ~E,.\fl """"~. 0..,. Uf<lOElllO..v ~i~ 8<111'HPL.lCE,e,,,_ "-"'o'Cfe>Qt>C""""'J Kingston,PA , FilCllJTYN.ulE'(~"",",~.",,,,,,_,,,,,,,,,,,,,_, ..5efhlJ1'( VI/la.ge- l(lNDOFBuSIM:S$I'NOlJSTIlY '" I. Female sr~r(.'U:~MlIfR SOC'~lSl:CllRINNlIloIllER "'Of;llallllo1focoy. '" J>t.ACiOFDE.o;r""C~"""""""''''.__,n..'"",.,.,.,,,,,,,,,,,,,,_, 110U'TAl ,.....,_0 E~,,_L.....i ).136 - 01 8986 '. June 10. 2005 o...rEOF~rl1.M""".o..._! . COOtHYOFOEA'r!i Cwnberland ... DECEOl::NrS l.ISU~LOCCUp<u~ ~~ol~:"'::'::,"l~ " Stenographer l?~nW'ealth of PA OECEDENrSWAlUHGAOCIfW:SSIStr_'~'SIalIO.l"'IIc_. ClECEliENT'S 325 Wesley Dr. ~~~ Mechanicsburg, PA 17055 ~~ .. FAr",ER'S~IF".""'O<Se."-1 II. Frederick Kuhn ~S~E(T.l*Pm~ - Ruth Kuhn ......, --"" O BulwfJ c......... 0 "--"-SIalOID o..w- or..,l~ 21.. .. , " 17..SI... PA lMRltAlSwtlS....a"'... Na...w""oao.~ DO.otcedISl>e<:#y, 14. Widowed ,~. .. - .... CUMBERLAND -..pr 17,,-0 ::"'~oI wor....l!Il.SNAtole1F"., ",-, "'-SwIlMnal ,. Florence V. Little _OflMANr.s.......INQ.t.OORESSISlt...~s......!lI>eoo.. 325 Wesle Dr e',' Mechanicsbur , PA 17055 ~~SI'OSltIQtj.~OIC~.c..--..., lQC..Q"1lm.~Sla&e.r..c".,. t HarriSburg Cemetery Hat".dsburg, PA 17109 lId. ... I '-P_i I n~[)F>r Allen - ~ . , ~ , 2005 -<.- NAMEA.NDAOORESSOFFACll..rTY "'JlCI<LER-WrEDEMAN FH.2XO & ce llCENSENUr..I8EA ..,f] _...."ed ;j TIWE DERH NCED~IMotw1,O..,.IUt-, .. 4: (rOAM . H. O-'{)5 27."""", F._""'--"~",,,,,,,,ploca'_...n.ehClu""""dealll,o..""'''';-IIIe_O'~.'''''''..c.......,or.._a'o'Yill''''_O/he''''f..",. ~""'I''''''_Gn_..... ~ , :, L I~ Lr f;, v... NCEOF); ~""'Ai_ OUE 1tI lOll..., ~ CONSEOUENCE Of): C(..,.. 0UE1tI10F1AS... /u-f Iv/ /,,"'..... ~ ,......- '-- !--~ PAIIT~: CiU'w~conca;.,..~IOa.ch,lIul OOC-.........~__..N.ATl I I I I ! ~.f-... ~ cL~~,_ A._J ~(o,' l.. OUElOlOAAS"'CClN$EOuENCEOFj: 7}J J .... ,... CUl'rIl'IIlil,o-_-..,..., .CUTII'YINQPttYllC/AlfjPh)'lo:;....C..IIl'\<O'9_OIoeart>_......,.~pn~""_.......~.,.o"'anaC<:Wll_,.,,<JI rO....louCoI"'r_......dea..__.....IIO....UUoe(.land_....._.. WEAE.o,l.I'1OPSYFINOINGS =AOF~ --..""""'" C~Of'~SE 0 ~ .....- ~= 0 ...-.,.....""9aliOn 0 No 0 ~-...".,.........., 0 OAlEIJ'-INJUAY I~,aa.,'''-I r''''EOF 'NJURY INJUAYRWCll'lI(? DESCRlllEI1OWIN.lURYOCCIJRlltEO. - - ... 0 "",0 H. Pl.AcEOFIk./WlY-Al""",-,ra.-m.or'H1"acrooy.OIli<e ~-,I~I -. .. o LOCAfIONlSIr_~,SIIo.. . . ~ ~ ! \ 1 '''IlDK:Al !X.UIlNERlCOfIONQIl On'''-.....of.I....j''MIO".......orl,,~.al!ll.'ion.I'''''rop.''ion,d.."'OC "'-.....staled......,.......... 31.. REa'STItlfII" SlGNMlJRI! ANO NUMIlER ....lIlOtlOuNClHaA.NDCMnI'YINOPHl'S!Cu.HfPh..O:.... -"'''''''''''''"'II o..."'-C....'Y"'lIlOcau..ol """'I r.Ihe...."'''''-''''........dleelllacc_a,...._,Ga..._p/8c..__......cau08l.land...OM.........I..... .....d.'..."dp'~.._dU.l0"'.ca"S8fa)....d /4/1-. " Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Florence K. Hoffman No. also known as , Deceased Stanlev A. Smith and Judith L. Kraoe (each) a subscribing witness to the 0 codicil X will presented herewith, (each) being dUiy, qualified according to iaw deposes and says that they were present and saw the above Testator/rix si9n the same and that they signed as a witness at the request of T estatorlrix in his/her presence and X in the presence of each other 0 in the presence of the other subscribing witnesses. 0( (Address) Sworn to or affirmed and subscribed before me this c:< ~ day of ~ J L.~ '^ L. , 2005. /)~'C . n { ~~c:-~ "- ~~ Notary Publi/: My Commission Expires: 1.:.1 z.{ b~ (Signature and seal of Notary or other official quaiified to administer oaths. Show date of expiration of Notary's commission.) COMMONWEALTH OF PENNSYLVANIA Notarial Seal .Cindy L. ~eitzel, Notary Public City ofH~rr!sburg, Dauphin County My CommIssIon Expires Dee 2, 2006 Member. Pennsl'!\!;>'1I..", ~S5oc:'atj"m of Notaries NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s) at time of notarization. Form RW-12 (Dauphin County_ Rev. 9192) c. 568723.] ------ 76163!November 6, 1995 LAST WILL AND TESTAMENT OF FLORENCE K. HOFFMAN I, FLORENCE K. HOFFMAN, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. 1. TANGIBLE PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections and artworks, together with all policies of insurance thereon, to my sister, RUTH E. KUHN, if she survives me by thirty days. If my sister does not survive me by thirty days, I direct that said tangible personalty be sold and the proceeds thereof distributed in accordance with ITEM 2 of this Will. 2. RESIDUE. I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which ~owers of appointment I hereby exercise in favor of my estate), to the Uhen Page 1 of 6 pages Trustee of "The Florence K. Hoffman Revocable Trust", as amended, created on July 28, 1992 and amended and restated on the same date as this Will between me, as Settlor, and Dauphin Deposit Bank and Trust Company, as Trustee. 3. SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 4. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. 5 . FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or Page 2 of 6 pages underwritten by any corporate Executor or any of its affiliates. (b) To vary investments, when deemed desirable by my Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates, as my Executor shall deem wise, without being restricted to so-called "legal investments". (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. Page 3 of 6 pages (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all the powers, authorities and discretions conferred hereunder. (0) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. Page 4 of 6 pages 6 . EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 7. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 8 . EXECUTOR APPOINTMENT. I hereby appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY as Executor of this Will. 9. WAIVER OF BOND; FIDUCIARY FEES. My Executor shall qualify and serve without the duty or obligation of filing any bond or other security and shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. Page 5 of 6 pages IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, this ~. . "day of ~jv'..,:~ .1" ~ ' 'c ,-- 1995. Page 6 of 6 pages l.(>.~ ". , " of: 1..- _ _' ~ Florence K. ,,/ /;, /1' ";;;"1"-""" ..."J SEAL) Hoff ,an We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. . ~'::~~\I~(SEAL) ~/I die _>trk ti~ , // .. Ij , ) g-<<k ,!;, X' >f)iA~\ , , (SEAL) Residing at;3~S?f\YlIC sr yc~ t" Y A 'I 'f O'-f Residing at: 0i 11{rz{(t/f-Jf,tPt , I r /' ) I A ./.I;'UCcJh Jr; ,-;cf' - i>J) Residing at: '::/00 ,.de /u."JLk.i-cAf. ~~~'fL , ~'t l'IclY' (SEAL)