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HomeMy WebLinkAbout01-11-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CU H~EI? t.;1f!/o COUNTY, PENNSYLVANIA Estate of R I C H t1- /2 1) T yet c,-? F ~'l. e /I File Number ll-bi- DO~O also known as , Deceased Social Security Number J ~ '-I - S- '-I .. S- / J 7 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 1ilf A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is ~the last Will of the Decedent dated ~l'tI '2. ~I ltJO~ and codicil(s) dated r!,~,&r I 1~ ,...gamed in the (') ;;g ~-, ~ 0 ,_! _I.. ~_..;._~ ~'~~=s == ,~-~ -~ -:T+ C):;:.;e ~ r"', ~~ -~-: :=:: [=-'-, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution oftli~'&s.irume~) offeree! :,'-: for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ;<J /4 .' ;" -::=:::; " , .;.=-:', . ;:~, 2 Tl:i: -..~',:": (State relevant circumstances, e.g" renunciation, death of executor, etc.) o B. Grant of Letters of Administration ::1.; Cl --1 (If applicable. enter: c.t.a.; d.b.n.c.t.a.; pendente /ite; durante absentia; durtint~ minoritate) CJ1 .::- N 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: (If Administration, c,t,a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs) I Name g/J/{~/l1 If- :J - .!le' ~ L& ~ Relationship l,V I Ft:? Residence I ,3/ (1 A'ry'#/D6-6,,ae hf~ ,cJ~/7,1SJ- (COMPLETE IN ALL CASES:) Attach additiollal sheets ifllecessary. Decedent, then I r 5'" years of age, died on I J- ~ -IJ ;L at Nlht//') r 8 tiP?; //~SIJlrJ1~ Ip) Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania ":1'0 $ /.5;000 .~ $ $ $ situated as follows: .-va Ai (. Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: 13 M ~11""1' ~ rinted name and residence C\JlHc..~ (,,, V' no S- Form RW-02 rev. 10./3.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~ day of ~~ F or RegIster st:a~~~~ive)/~~ Signature of Personal Representative Signature of Personal Representative )2{-~ "" } ~Q r-- ~~~; f'o-) = = -.J C- :t:or.- :-;1C.: I II , (-) C) ,J I Social Security Number: QI-D7- ODtJO -r B:t2fft-ef ~;;< 4 -5 t..J -5/57 Date of Death: ';:: :::-:~~; '-,''):-:'':::: - ) Coo) "J ---n '......) -:J =;..:.1 , Deceasetl U1 I .:;:.- AlOV-em ~f ~~ ()~ AND NOW, Il }a.n u a.~ II ,.::J..OO 7 ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IS DECREED that Letters ies.tn. menteLV"' J are hereby granted to ~('lX my Q ~) - ~ File Number: Estateof~d -0 ::Ii: N and that the instrument( s) dated A(Jr I \ 2$\ described in the Petition be admitted to probate and filed ofreco in the above estate FEES Letters ............... $ lOa. 00 Short Certificate(s) . . . f . . . . $ _' co ~: 15.00 . ... $ IO.Do hCJY\ ... $ ,5. QO ... $ ... $ .. . $ ... $ . . . $ ...$qgoo TOTAL .............. $ I +x>-+8 Attorney Signature: Supreme Court LD. No.: G-r-~ /) '" > R- ,ee-e- Q :<370 S- 3/2.0 fbf\Kv/~ ~ ~""${,tA') fllJ- 1'1"1 Attorney Name: Address: Telephone: III ~'2 3lt-oY~y , Forll! RW.02 rev. /0./3.06 Page 2 of2 H!05.805 REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 12934528 No. H105 '43 HEV 02/2IXl6 TYPE I PRINT ~ PERMANENT BlAQ( N< I NimoolOococle"(FnI.mildlo.Iao\"*l <~~~ Local Regi rar 1Z ~LRA-A ~ 1 fh;J 6 Date Q ~c~~ r--.:> = = ~-' c- :~ :~:e.: --0 :J1: r'V U1 :- COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH Richard Thomas Hoffl er 5 "<Je(LISI_ay) 65 III Coo;ntyollJeaOl Ha \2. W.08cedenI:_lnht us. Armed FOICeI? Wv- ONo _. Adulll Reaidence 17a. Stat& 17b eo...ty !1,.m V_,Iloc:edIfIILJvodin Lowe r All en t7d 0 :"'~oIlM1d- Top Cdll- C. Hoffl er, Sr. 19. MoIlefI Nome(fRt mildlo, --l Nina Belle Williams 2n>. _.MaIIng-(SnII,dIy/_,_,~_1 20a ~rINaTl8 (fype/Mi) ~ ~ 221:. Nome..._oIF_ FUNERAL HOME 37 E MAIN ST MECHANICSBURG PA 17055 2.lb l.broI_ 230. 1lIlII~_,dIr,1""l 321"T""'_~ISpsolj1 o ,,",",I Ooe<,*" Op....nge< II O""'"'.s.....y 33a. c.nlIIor("",,*,,~onoJ 3Jb, IlilJ>aIlnIl"ml.oI . ~:~~C::~-:'::'-=-":::Mfn:~~~~~_~~l__________________,. ~ ~~o:=:~:::nc!=:~:~~=~=~:::'~~AIIn"'uallJ&cl_ _ _ ___ _ _____ _ _ ___ J] J:k. lDmIeNumbef ~u:.a1.:r::~ec: lAd I or iIlv..tIQIUon, In my opWon, dM&h 0lXIl~.1N Umt, dIU, and p&Ice, and ~ lo.... cauu(a) Ind tl'IaflMf. ....1fIil. _ ..0 "" 2< r"",oIDe11b i,') t1 II CAUSE OF DEATH (.........._ end.......... IIImll. PARTt EnlerhiUl~ ~.i~,(I"COfnplicaliuns lhaldtricllyClUldIlw....OONOT..llmnIlaIewrllli=wdl.CiI1iacamJll, reepiraklly IIT8II. or venlricr.ia' IbrtaIion wiI1ouI: iOOwing the etdogr, UII oQr llfl8 CIlM on ..:b line ===-....;. ~"'..., 0 .... 44..,r do :.c....\ r.....(:A..r~ -t -, J "'" ou. Ia (or .. atinMqUetll>> 01): S ~ r-1J "'-~ Due 10 (or... 00I'MCIUW1C8 DI')' -....... Oniel k> Daall tJt1~ Ebtcondilm&.if..r. mCllJlt lilildoolne a En. UHDERlY*Q CAlJSf 1-"'9"YIha_... Mrlll MUlling n d8a1h} LAsT. eu.lalor..~ol): ~, W...kItopIy -"'? n. _ AuOlpIy Fndi'GI AvaIatE Prb k> Canp&oon ofCttuseofOeath.? 31 ...... oIlloa111 0-,. D- O- O~~_ 32d. r...oIl1joMy o So_ 0 CWd NO! '" """'mined OVes Jl"" o VII 9(... Ii /j tJ ~ o I 35 ~ I~II I~I IIAI 36. OalIFilId (Ilon~, day, lOll! " I. 'I )(.'0," (Saa inatrucllona and a.amp'" on reva,..a) 21. IlIdToboa:oU._lolllllll? o v.. 0-. o No 'u...now, 29.'_ o Not_......_... OPlogo.........oI_ 0""'_"'_-42"'" ol_ D NoI_......_<3...,...,_ 01_ OU""""iP"9"'"_"''''''' 32t.l'IIcool~,_,Form,_F.ay. .-a.ting,""ISpsolj1 3211. LJ>caoanoll<jllyIShll,cly/_,_l J 1-67 -CX>t.fo . LAST WILL AND TESTAMENT OF RICHARD T. HOFFLER I, RICHARD T. HOFFLER, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am married to BARBARA J. HOFFLER. I have THREE child(ren) whose name(s) is/are CHARLENE LIDDICK, DONALD L. HOFFLER and RONALD L. HOFFLER. I reside and am domiciled in the County of CUMBERLAND, Commonwealth of Pennsylvania. . 1. PAYMENT OF DEBTS. I direct that all my legally enforceable debts, the expenses of my last illness and funeral, the expenses of the administration of my estate, any written charitable pledges, and all estate, inheritance and similar taxes payable with respect to property passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. All estate, inheritance and similar taxes payable with respect to property included in my estate but not passing under this will, and any interest or penalties thereon, shall be apportioned against and paid from such property in the manner provided by law in the absence of a contrary direction in this will. The provisions of this Article FIRST shall not apply to the extent that contrary provisions concerning the payment or apportionment of any such taxes have been or shall be made in any inter vivos instrument executed by me relating to any insurance, trusts, gifts or other transfers, jointly owned property or accounts, or property subject to power of appointment. My Executor shall not pay any indebtedness, whether secured or unsecured, which has not matured at the time of my death. 2. NOMINATION OF EXECUTOR. I appoint BARBARA J. HOFFLER to be my ~ecutor. It41Y spouse does not survive me, or shall fail to qualify for any reason as my Executor, or ha.xing quidified~sh.aIi; , :.":".:) '--.; . -'.: , die, resign or cease to act for any reason as my Executor, I appoint the followmgAAmed.individtiats. to serve in the order listed, unless otherwise stated as Co-Executors: . . . [~ "- '. ~~; a. RONALD L. HOFFLER b. DONALD L. HOFFLER "-0 -;~,.. ..'.j r...", 3. (}1 , --) TANGIBLE PERSONAL PROPERTY: I give all tangible personal property owned by me atthe time of my death including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, frequent flier miles, points with any type of "reward" program, automobiles and other vehicles, together with all insurance policies relating thereto, to BARBARA J. HOFFLER, if my spouse survives me, or ifmy spouse does not survive me, to the Trustee of the THE HOFFLER FAMILY TRUST - Share H(dated of even date herewith)and disposed of in accordance with the terms, covenants and conditions of such trust. . 4. RESIDUARY ESTATE: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), to the trustee of the THE HOFFLER F AMIL Y TRUST (dated of even date herewith) to be held in Share H of said trust and disposed of in accordance with the terms, covenants and conditions of such trust. If any provision in this Last Will and Testament shall conflict with a provision of the above-named trust, the provision of the trust shall be given full force and effect and the contrary provision herein shall be deemed ineffective. I may leave with this will or with the above-named trust a written statement or list of tangible personal property, which list I may alter from time to time, for the purpose of 3-1 . . . directing my executor and/or directing the trustee ofthe above-named trust in the distribution of my tangible personal property among my beneficiaries and I require that my executor and/or trustee honor my wishes therein expressed. Any items of tangible personal property not distributed hereunder may, at the sole discretion of my executor and/or trustee, be donated to charitable organizations or liquidated and the proceeds distributed as part of the above-named trust. All costs incurred by my executor and/or trustee in connection with obtaining possession, appraising, safeguarding, delivering or selling such property shall be paid as expenses of administration. 5. POWERS OF EXECUTOR. a. I grant to my Executor all powers conferred on executors under the Code of Pennsylvania, as amended, or any successor thereto, and all statutory powers conferred upon executors wherever my Executor may act. b. I also grant to my Executor the power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to hold, manage, insure, repair, improve, demolish, divide, and otherwise deal with and dispose of any property; to borrow money and mortgage, encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. c. The term "Executor" wherever used herein shall mean the executors, executor, or executrix in office at any given time. d. No Executor named herein shall be required to file or furnish any bond, surety or other security in any jurisdiction. e. No successor executor named herein shall be responsible for, or shall be required to inquire into, any fiduciary actions occurring prior to said successor's appointment as executor hereunder. f If my Executor is not a resident of Pennsylvania at the time of qualification hereunder, my Executor is authorized, pursuant to Pennsylvania Code, to: 1. Appoint any person residing in Pennsylvania, or any organization permitted to provide fiduciary services in Pennsylvania, to serve as co-fiduciary for the purpose of permitting my Executor to qualify as Executor without the requirement of obtaining surety or; 11. Appoint any person residing in Pennsylvania to serve as a resident agent for service of process. g. Any bank, trust company or similar institution at any time serving as Executor or Co-Executor hereunder shall be entitled to receive compensation for its services in accordance with its standard schedule of compensation in effect when such compensation is payable. In the event that any bank, trust company or similar institution named herein merges or is acquired by another entity, such corporate successor shall automatically be substituted as Executor hereunder. h. In connection with the preparation of any tax return for me or my estate, I authorize my Executor: 3-2 . . . 1. To determine whether to elect to qualify any property as qualified terminable interest property for Federal and/or State estate tax purposes; 11. To make any election available under ~ 2652(a)(3) of the Internal Revenue Code with respect to qualified terminable interest property as my Executor may deem advisable; 111. To make any election available with respect to Chapter 13 of the Internal Revenue Code and to allocate the same to property eligible for such allocation, whether or not such property is held hereunder, including property transferred by me during my life as to which I did not make an allocation prior to my death, in such amounts and proportions as my Executor may deem advisable; IV. To determine whether to include or exclude any item of property; v. To determine within permitted limits the date of valuation of my estate; VI. To determine whether certain deductions shall be taken as income tax deductions or estate tax deductions; and V11. To determine whether to adjust between principal and income. 6. SPENDTHRIFT PROVISION: No disposition, charge or encumbrance on any income or principal of any trust hereunder by any beneficiary thereof shall be valid or binding upon my Executor. No beneficiary shall have the right to assign, transfer, encumber or otherwise dispose of any such income or principal until the same shall be paid to such beneficiary by my Executor. No such income or principal shall be subject in any manner to any claim of any creditor of any beneficiary. The right of any beneficiary to any income or principal hereunder shall be subject to all charges or deductions which my Executor may make under law or any provision of this will. 7. NOMINATION OF GUARDIANS. Ifmy spouse does not survive me, or is incapacitated, and there is/are any children of mine who have not attained the legal age of majority, I then appoint the following named individuals in the order listed to act as Guardian of the person for each of my children who may be legally incapacitated or under the age of majority. If no person is listed below then this provision shall not apply. First Appointed Guardian: Alternate Appointed Guardian: No Guardian named herein shall be required to file or furnish any bond, surety or other security in any jurisdiction. As used herein, a person who is "incapacitated" shall mean a person who is or becomes impaired by reason of mental illness or deficiency, physical illness or disability, mental or physical infirmities accompanying advanced age, chronic drug abuse or chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate reasonable decisions. No Guardian shall be required to file or furnish any bond, surety or other security in any jurisdiction. 3-3 . . . IN WITNESS WHEREOF, I, RICJiARD ~HOFFLER sign, seal, publish and declare this instrument as my last will and testament on ~ / .dL / 63' . ~~ - . elL- ~ . HOFFffI WITNESS The foregoing instrument was signed, sealed, published and declared by RICHARD T. HOFFLER, the above-named Testator, to be hislher last will and testament in our presence, all being present at the same time, and we, at hislher request and in hislher presence and in the presence of each other, have subscribed our names as witnesses on the date above written. \J\'h~ A ~\c,.c,).,)s W~ Name of Witness Signature of WItness ~1Il.SJ')Q~Is,J~ OR. m.t~hr~,91l Residing at S'il.f~n E. U.jj;/lj Name of Witness S 4/, Schi()JS/tJe.. /)1"" f'1UhAni'tJ'!J(.''$1?4 Residing at ,L~ t. ~~ signature of Witness 3-4 . . . ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND, ss. We RICHARD 'I. HOFFLER and SiJsaf\ IS.. l/'31inJ' , and ~\\\'\\Yh \\, \J\<)rl'-''''\S , the Testator and the witnesses respectively, whose names are signed to the attached or oregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, RICHARD T" HOFFLER, signed and executed said instrument as his/her last will and testament in the presence and hearing of the witnesses, and that he/she had signed willingly, and that he/she executed it as his/her free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request ofthe Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his /her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. ~~~~;~{h: ~~ T stator .L"" 1:. ~ Witness ~ W~~~ Witness ~ Subscribed, sworn to and acknowledged before me by the said RICHARD T. ijQFFLER, Testator, subsr"bed and sworn to before me by the above-named witnesses, thisdr day of 20~. Notary Public My commission expires on :{; I.,] / Pi 3-5