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Home My WebLink About07-13-07 In Re: Estate of Theda J. Horner late of Hampden Township Cumberland County, Deceased In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division Estate No.21-07-0002 Petition TO THE HONORABLE, THE JUDGES OF SAID COURT The petition ofDelno R. Homer, Jr., by John M. Eakin, his attorney, respectfully represents: 1. ) Your petitioner is the husband and sole heir of Theda J. Homer who died, December 27, 200, having fIrst made her last will and testament dated September 27, 1961. (attached as Exhibit A). 2. ) Your petitioner was appointed executor of the last will and testament of decedent by the register of wills of Cumberland County on January), 2007 ~ ~':: 9_0 ~ .31 - =: '-- c'!.i i u c: <.=-> :=r:p r- :0 ,~SSB W .'~ 4.) At the time of her death, Theda J. Homer was the ownei~;iWo ~ts ~ '~) : J.J C3 of land situate in Synder County, more particularly described in Exhil)i~ B a.nA;C o 3.) Decedent was not survived by issue. ,~") .,.1 -'1 ("') . rn attached hereto. 5. ) Your petitioner desires to take said real estate in kind as part of his distributive share. 6.) All creditors have been paid and there are no potential claims to the best of petitioner's knowledge. 1 J 7.) The Pennsylvania Inheritance Tax has been filed and the tax paid. The Pennsylvania Department of Revenue has audited and approved the tax return. 8.) Court approval is required by Section 3356 of the Probate, Estate and Fiduciaries Code (20 Pa CSA 3356) to authorize conveyance of estate assets to the personal representative in his own right and to authorize the Clerk of the Court to execute and deliver the deed conveying the real estate of decedent to Delno R. Homer, Jr. in his own right. WHEREFORE your petitioner respectfully requests your Honorable Court to make an order authorizing and directing the Clerk of the Orphans' Court to execute and deliver a deed conveying the real estate of the decedent to Delno R. Homer, Jr., in his own right. Dated: July D , 2007 Respectfully submitted WL~ Atto 2 In Re: Estate of Theda J. Horner late of Hampden Township Cumberland County, Deceased In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division Estate No.21-07-0002 VERIFICATION I, Delno R. Homer, Jr., Petitioner herein, hereby verify that the statements of fact made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. AL /1 ~ Delno R. Homer, Jr. 3 . ....., ,~",'-""",... ........''"''.."''';-....,'''~7P,r.-::...<:r:..~,~!''';~,,,.~,.. ...\ ".' ...........,...... ',..'.'.;.:.,..............,.,. '.....:ro. :..,.,....,. .....:. / . r- LA~T .WILL AND TESTAMENT OF THEDA J. HORNER I, TmEDA J. BOnNER Of Shippensharg, ~erland.county, PennsYlvania, declare this to be my last ~ill and revoke any will previoUsly made by me. ITEM I. I devise and beqtteath all of my estate of every nature and ~herever situate to my husband, DELNO R. "nNER,JR., providing he shall survive me Joy thirty days. ITEM II. Should my hushand, DELNO R. HORNER,JR. pre- decease me or die on or before the thirtY-fi~t day fOllowing -, my death, I devise "Rei beqaeath axl: uf-my-l!1Tl:ll'tl!. ar-'evety-nnW!' and wherever. sitaate as follows: LAW O'F1c:a. UER, PueEY, ,TZ a WATERs I.., PU/(ITLYANIA A. One-half thereof to my hUSband's sister, ADE~INE TARANTo or her heirs, per stirpes. ~. The remaining one-half thereof to my sister, SYLVIA IfOLLINGSIfEAD or her heirs, per st irpes . ITEM III. All taxes that may he. assessed in consequence of my death, of ~hatever aature and.hy whatever juriSdiction imposed,. . shall be. considered a Part of the expense of the ad- ministration of my estate, and my exeQator or executrix, as the ease may be, shall have the abSolute power in his or her : '. _.-:-.~.-.-';-;--.:._~=;;--_. -'~"""'--:;-:--~i;-';' ~l~-II-..-~:-_-.-.JI1Jlr---~.- _"', dJieC!%'~",n'~''"-'~!!I>._.>_._. .~,.. ............,;.. .. '. " '.. .:. ',: '. .".. .'. ." ..... ..... . . ., - .... . ...-., ". ." .' .... .. .'. ~hicb they are imposed permj.ts the postponement of payment of all or..,part of them to a later time. r ~'l1. k/Y;A./ t1 [X1D EJI ('A" ALL that certain parcel of land situate in West Beaver Township, Snyder County, Pennsylvania, bounded and described in accordance with a draft of survey prepared by John G. Robinson for Samuel A. Wagner, dated August 31, 1972, as follows: BEGINNING at stones at creek marking the Southeasterly comer of the within described parcel; thence along lands of Groce South 52 degrees 35 minutes West 125.00 feet to point; thence along lands ofGetz South 52 degrees 35 minutes West 110.00 feet; thence along lands of same North 83 degrees 35 minutes West 109.00 feet to point in middle of said creek; thence through said creek by lands of Hartley South 72 degrees 45 minutes West 470.00 feet to an iron pin; thence along lands of Samuel A. Wagner North 10 degrees 30 minutes West 608.70 feet to stones; thence along lands of same North 79 degrees 30 minutes East 697.50 feet to stones; thence along lands of same South 10 degrees 30 minutes East 500.00 feet to stones at creek and point and place of BEGINNING; CONTAINING 9.05 acres and having thereon erected a frame dwelling house and other improvements. EXHffiIT "B" ALL that certain piece or parcel of land situate in West Beaver Township, Snyder County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at set stones which point of beginning is North 10 degrees 30 minutes West, a distance of 608.70 feet from an existing iron pin in the center of creek; thence North 10 degrees 30 minutes West, a distance of200.00 feet to a set iron pin; thence North 79 degrees 30 minutes East, a distance of 697.50 feet to a set iron pin; thence South 10 degrees 30 minutes East, a distance of200.00 feet to set stones; thence South 79 degrees 30 minutes West by lands late of Theda Homer, a distance of697.50 feet to set stones, the place of BEGINNING; CONTAINING 3.20 acres according to survey by John G. Robinson & Associates, dated August 31, 1972, revised August 16, 1977. EXIDBIT "C" \!rbt5 1JBeeb, MADE the day of July 2007, BETWEEN GLENDA FARNER STRASBAUGH, Clerk of Orphans' Court of Cumberland County, State of Pennsylvania, GRANTOR AND - DELNO R. HORNER, JR., of the Township of Hampden, Cumberland County, State of Pennsylvania, GRANTEE WHEREAS, Theda J. Homer died December 27,2006, having fIrst made her Last Will and Testament dated September 27, 1961, in which she named her husband Demo R. Homer, Jr., to be her executor, and WHEREAS, decedent's will was admitted to probate January 2,2007, by the Register of Wills of Cumberland County and Delno R. Homer, Jr., was appointed executor of decedent's estate, and WHEREAS, Demo R. Homer, Jr. is the sole heir of decedent and inherits the entire estate of decedent, and WHEREAS, among the assets of decedent are two parcels of real estate which Demo R. Homer, Jr., desires to take in his own right as part of his distributive share, and WHEREAS, court approval is required of a conveyance by the executor of an estate to himself in his own right, and WHEREAS, Demo R. Homer, Jr., pursuant to 3356 of the Probate, Estate and Fiduciaries Code (20 Pa C.S.A. 3356) petitioned the Court for approval of his request to take the real estate of the decedent in kind as part of his distributive share, and WHEREAS, on July , 2007, the Court made an order granting his petition and - 1 - directing Glenda Farner Strasbuagh, Clerk of the Orphans' Court of Cumberland County to make, execute, acknowledge and deliver a deed conveying the two tracts of land to Delno R. Homer, Jr. in his own right. NOW THEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, paid by Grantee, the Grantor does by these presents grant and convey to the GRANTEE, his heirs and assigns, ALL those two certain tracts of land, situate in West Beaver Township, Snyder County, Pennsylvania, bounded and described as follows TRACT NO. 1- Situate in West Beaver Township BEGINNING at stones at creek marking the Southeasterly comer of the within described parcel; thence along lands of Groce South 52 degrees 35 minutes West 125.00 feet to point; thence along lands ofGetz South 52 degrees 35 minutes West 110.00 feet; thence along lands of same North 83 degrees 35 minutes West 109.00 feet to point in middle of said creek; thence through said creek by lands of Hartley South 72 degrees 45 minutes West 470.00 feet to an iron pin; thence along lands of Samuel A. Wagner North 10 degrees 30 minutes West 608.70 feet to stones; thence along lands of same North 79 degrees 30 minutes East 697.50 feet to stones; thence along lands of same South 10 degrees 30 minutes East 500.00 feet to stones at creek and point and place of BEGINNING; CONTAINING 9.05 acres and having thereon erected a frame dwelling house and other improvements. BEING the same premises which Richard T. Norhold, Sheriff of Snyder County by deed dated July 6, 1977 recorded in Deed Book 137 page 300 conveyed to Theda J. Homer. TRACT NO.2 - Situate in West Beaver Township BEGINNING at set stones which point of beginning is North 10 degrees 30 minutes West, a distance of 608.70 feet from an existing iron pin in the center of creek; thence North 10 degrees 30 minutes West, a distance of200.00 feet to a set iron pin; thence North 79 degrees 30 minutes East, a distance of 697.50 feet to a set iron pin; thence South 10 degrees 30 minutes East, a distance of200.00 feet to set stones; thence South 79 degrees 30 minutes West by lands late of Theda Homer, a distance of697.50 feet to set stones, the place of BEGINNING; CONTAINING 3.20 acres according to survey by John G. Robinson & Associates, dated August 31, -2- 1972, revised August 16, 1977. BEING the same premises which Samuel C. Wagner and wife by deed dated August 25, 1977 recorded in Deed Book 138 page 250 conveyed to Theda J. Homer. AND the said GRANTOR will warrant specially the property herein conveyed. IN WITNESS WHEREOF, said GRANTOR has hereunto set her hand and seal the day and year fIrst above written. Witness: Clerk of Orphans' Court By Glenda Farner Strasbaugh (SEAL) COMMONWEALTH OF PENNSYL VANIA ) : SS COUNTY OF CUMBERLAND) On this the day of July, 2007, before me the undersigned officer, personally appeared GLENDA FARNER STRASBAUGH, of the County of Cumberland known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public - 3 - CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the grantees herein is as follows: Attorney or Agent for Grantees COMMONWEAL TH OF PENNSYL VANIA) : SS COUNTY OF CUMBERLAND ) RECORDED in the Recorder's Office in Deed Book No. , Volume Page Recorder of Deeds -4-