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 ~-,
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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
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(If applicable. enter: c.t.a.; d.b.n.c.t.a.; pendente /ite; durante absentia; durtint~ minoritate) CJ1
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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:
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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
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Social Security Number:
QI-D7- ODtJO
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~;;< 4 -5 t..J -5/57 Date of Death:
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, Deceasetl U1
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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
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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
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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
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
Richard Thomas
Hoffl er
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Hoffl er, Sr.
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Nina Belle Williams
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FUNERAL HOME 37 E MAIN ST MECHANICSBURG PA 17055
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~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
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CAUSE OF DEATH (.........._ end..........
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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
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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
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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:
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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.
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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
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signature of Witness
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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
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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
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