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Home My WebLink About01-0839 --" . Will of Daniel E. Horner PERSOBAL IBFORMATION I, Daniel E. Horner, a resident of pennsylvania, Allegheney, declare that this is my will. My Social Security Number is 190-44-9448. RBVOCATIOB OF PRBVTOUS WILLS FIRST: I revoke all wills and codicils that I have previously made. KARITAL STATUS SECOND: I am married to Mildred C. Telega-Horner. CHILDREN THIRD: I have the following child(ren) now living: Matthew C. Horner and Kyle N. Horner. FAILURE TO LEAVE PROPBR1:Y FOURTH: If I do not leave property in this will to one or more of the children or grandchildren whom I have identified above, my failure to do so is intentional. DBFIBITIONS FIFTH: As used in this will, the term "specific bequest" refers to a gift of specifically identified property that I leave in this will. The term "residuary estate" refers to all property subject to this will that is not passed by specific bequest or that is specifically left to or becomes a part of my residuary estate when a beneficiary of a specific , bequest fails to survive me. The term "residuary bequest" refers to a gift of all or a portion of my residuary estate. RESIDUARY BSTATB SIXTH: I give my residuary estate to Mildred C. Telega-Horner. However, if Mildred C. Telega-Horner does not survive me, the living children of Mildred C. Telega-Horner shall take my residuary estate. BNCUllBRARCES AND LIBBS SEVENTH: All personal and real property I give in a specific or residuary bequest shall pass subject to any encumbrances or liens on the property. SURVIVORSHIP PERIOD EIGHTH: When this will states that a beneficiary must survive me for the purpose of receiving a specific bequest or residuary bequest, he or she must survive me by 45 days. 11111 Page 1 InHiala: ah" ;Jc{J j1.J /lit{ Da~.: /~ F"E6' 9C ... Will of Daniel E. Horner DIVISIOH OF BEQUESTS NINTH: Any specific bequest or residuary bequest made in this will to two or more beneficiaries shall be shared equally among them, unless unequal shares are specifically indicated. PERSORAL GUARDIAR TENTH: If at my death a guardian is needed to care for my minor child or children, I name Mildred C. Telega as guardian. No bond shall be required of any personal guardian appointed under this will. PROPERTY GUARDIAR ELEVENTH: If at my death, a guardian is needed to care for any property belonging to my minor child or children, I name Mildred C. Telega-Horner as property guardian. No bond shall be required of any property guardian appointed under this will. PERSORAL REPRBSBRTATIVB TWELFTH: I name Mildred C. Telega-Horner as my personal representative. No personal representative shall be required to post bond. PBRSORAL RBPRESBRTATIVB'S POWERS THIRTEENTH: I direct my personal representative to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in the appropriate court for the independent administration of my estate. FOURTEENTH: I grant to my personal representative the following powers, to be exercised as he or she deems to be in the best interests of my estate: 1) To retain property without liability for loss or depreciation. 2) To dispose of property by public or private sale, or exchange, or otherwise, and receive and administer the proceeds as a part of my estate. 3) To vote stock, to exercise any option or privilege to convert bonds, notes, stocks or other securities belonging to my estate into other bonds, notes, stocks or other securities, and to exercise all other rights and privileges of a person owning similar property. 4) To lease any real property in my estate. 5) To abandon, adjust, arbitrate, compromise, sue on or defend and otherwise deal with and settle claims in favor of or against my estate. 6) To continue or participate in any business which is a part of my estate, and to incorporate, dissolve or otherwise change the form of Page 2 Initials: a,CI pcP tfk ;t(1t( Dat:e: /c ~ 9~ ~ " Will of Daniel E. Borner organization of the business. The powers, authority and discretion I grant to my personal representative are intended to be in addition to the powers, authority and discretion vested in him or her by operation of law by virtue of his or her office, and may be exercised as often as is deemed necessary or advisable, without application to or approval by any court. PADEn OF DEB'lS FIFTEENTH: Except for liens and encumbrances placed on property as security for the repayment of a loan or debt, I instruct my personal representative to pay all debts and expenses, as provided for by the laws of Pennsylvania. PAYME.T OF TAXES SIXTEENTH: I instruct my personal representative to pay all estate and inheritance taxes assessed against property in my estate or against my beneficiaries as provided for by the laws of Pennsylvania. NO CONTEST PROVISION SEVENTEENTH: If any beneficiary under this will contests this will or any of its provisions, any share or interest in my estate given to the contesting beneficiary under this will is revoked and shall be disposed of in the same manner as if that contesting beneficiary had failed to survive me and left no living children. SIGNATURE I, Daniel E. Horner, the testator, sign my name to this instrument, this /(; T/.J day of ~C4'ItI/AIt..Y , 19~, at A-I6tIA./ 1'Iu~ Pd . I declare that I sign and execute this instrument as my last will, that I sign it willingly, and that I execute it as my free and voluntary act. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence. -cfl~e~ (Signed) WITHBSSES We, the witnesses, sign our names to this instrument, and declare that the testator willingly signed and executed this instrument as the testator's last will. Each of us, in the presence of the testator, and in the presence of each Page 3 IDi~ial.: b!["u I3dJ I flL , /1;1/1 Ua~e: /C &A 9? .. Will of Daniel E. Borner other, sign this will as witness to the testator's signing. To the best of our knowledge, the testator is of the age of majority or otherwise legally empowered to make a will, is mentally competent and under no constraint or undue influence. We declare under penalty of perjury that the foregoing is true and I' rJl. day of /('.#~t/,{JILY ,19~, at f7~ I!ilO 8 correct, this Mo ON 70"'~s#lJ> "I Witness #1: A~~ ~~/ ~Sy ~~ ~~~ ~/.-J2~ , /--1- [~ I () ~ ~~7~ --M~~ Residing at: Witness #2: Residing at: S',LJ A-- ( A f 1M If, € Witness #3: ~~ c~k-~__> AJ~ Iqt/-//2b~ 'c- T9C( ~kt-UA-- &m~fJal C;;r&~r;~(!J~/()f Residing at: Notarial Seal My~~~ Page 4 Init.ial.: y.v pdJ . ,{fJ- !11^ Dat.e: ~~ <rC '" . ~ ACKIIOWLBDGMBBT Commonwealth of Pennsylvania County of: ALL'i:CAJClvCy I, ])AVICL E. 116~1J('1C... , the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will: and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Testator. ~r.~ Officer: ~--- ~ti4 IUo.)oll'/ A/:; I'G AFFIDAVIT Nc8aI Seal .... ~ 1ttt=~~10 1~ ber PP.l"l"slll"a11i91l.C;C;'-~;)8tini-' '.'> '''~.~C'''O, Commonwealth of pennsylvania County of: ALLE~ 41 c-vcy and y~ ID!C,"h~d,,- witnesses whose names are signed to the attached or foregoing instrument, having been duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his/her Last Will: that the testator signed willingly and executed it as his/her free and voluntary act for the purposes therein expressed: that each subscribing witness in the hearing and sight of the testator signed the will as a witness: and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. We, ~~ J-~ I , the Sworn to or affirmed and subscribed to before me by tJ/'t'1A rlfA- I/tc~ and ~1rTh'1 Hcu{s,itc L-- witnesses, this 10 day of fCl:mwr-$ ,19~. , Witness: Ax--_/C,-- ~j2~L.e_ Witness: ~dy W ~ Officer: ~c~~ ~ )(J ~iOyy R bl'c-_ I Affidavit - Page 1 tCbIaI Seal "Ml:CuIIoujtl. ~ Ift=:t;~. 10. 1996 .. of NotBries 410<.'0< ~~:;r;is to certify that the information here given is correctly copied from an original certificate of death dul~ filed with Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent fillOg. WARNING: It is illegal to duplicate this copy by photostat or photograph. me as No. C c...J. 0.. J. ~ Fee for this certificate, $2.00 Local Registrar JUN 2 5 2001 p 7399950 Date lev. 1191 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (Coroner) NAME OF oeCEDENJ' (First. Middle, last) ,. Daniel E AClE(lM1liI1hdoyJ A 'YEAR Mo_ Doyo :t~ ORE OF DER'H (Monlh. o.y, "'*1 June 12, 2001 .. COUNTY Of' DERH 47v... ~o CUIltberland .... 4, ..... - VIMS CASE REFE ED --. tlntMVlllbelween !~anddeath SoquonlIdy'" -- =~I= ~_or"",,, ....-- 'OOlAIOlO'!!IlI!"'I).....T ' OUEtO<<!"~, r;c>NSEOUENCE 0Fj'. SlClHArURE 0, UCE o .. . d. June 20 NAME AND ADDRESS OF PEASON WHOCOMPlETED CAUSE OF DERH Olom27)TypoorP,,", Michael L. Norris, Coroner 6375 Basehore Road, Suite #1 ... Mechanicsburg, Pa. 17050 . ORE FtlED (Month, Day, ..,.,) Coroner d. y>>. WERE AU'1OP8Y FINtMNGS OF DERH ORE OF INJURY '''." AW\ILABLEPRtOAlO ~ ,......~"'. (MonttI.Cey.~ ~~r'OFCAUSE Nil.... '..,.... K _ 0 ' ,J:,i: ~~llI' 0 "-'_"'"''''" 0 . ..... Ll~,"')I. ..... 0 No 0 -i;,." 0 Could.................. 0 =~:,.._.,.."",,,.........""_ lie. .""'~....~- 21b.. 21. -~" lOt. ==ontYono) , "'*' "'",~~,~':"===.."::':t'.....~~~~.~~.~.:.......,.,..,.",.,. ' ;. 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" " lj!~ 'ti ~ ~I i ~ .~ 4Ii ." ,;..ta I ..; o SAIDIS SHUFF, FLOWER & LINDSAY A11'ORNEYSoAToLAW 26 W. High Street Carlisle, P A , . . t. . . . ' ESTATE OF DANIEL E. HORNER, DECEASED TO: REGISTER OF WILLS FOR THE COUNTY OF CUMBERLAND AND THE COMMONWEALTH OF PENNSYLVANIA Q NO'07/-()/-()8'~ I SOCIAL SECURITY NUMBER: 190-44-9448 PETITION FOR GRANT OF LETTERS OF ADMINISTRATON 011!-~ The Petition of the undersigned, JAMES D. FLOWER, JR., respectfully represents that: 1. Your Petitioner, whose age is well in excess of eighteen (18) years, applies for Letters of Administration, on the Estate of the above decedent. 2. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence located at 39 South East Street, Carlisle Borough, Cumberland County, Pennsylvania. 3. Decedent then 47 years of age died June 12, 2001, at his home at 39 South East Street, Carlisle, Pennsylvania. 4. Decedent at death owned property with estimated values as follows: A. Real estate located at 39 South East Street, Carlisle, Pennsylvania, with a net fair market value of $29,000.00 (the fair market value of $72,000.00 is subject to claims from the Estate of Shirley O. Horner, Decedent's Mother, from which Estate this property was transferred prior to the closing of said Estate, and to a mortgage with a present principal balance in the amount of approximately $43,000.00). B. Personal property in Cumberland County in the approximate amount of $500.00. SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYSoAToLAW 26 W. High Street Carlisle, PA :. . I, . . " , ' . . 5. Attached hereto as Exhibit "A", is a document believed by the undersigned to be the Last Will and Testament of DANIEL E. HORNER, Deceased. Said Last Will and Testament gives Decedent's entire Estate to Mildred C. Talega-Horner, but provides that if she does not survive him, the entire estate should go to the living children of Mildred C. Talega-Horner. The Will further notes that he has living children, Matthew C. Horner and Kyle N. Horner, but does not make them alternative beneficiaries. 6. Mildred C. Talega-Horner is now divorced from Decedent and, consequently, may not inherit as a beneficiary under Decedent's Will in accordance with Pennsylvania law. Mildred C. Talega-Horner has also advised the undersigned that she has no living children. 7. Mildred C. Talega-Horner has been in touch with the undersigned and has requested that he apply to the Court to serve as Administrator of Decedent's Estate, and will work actively with the undersigned to ensure that Decedent's Estate is properly administered and the personal property of Decedent and Decedent's sons is appropriately identified. 8. Decedent having failed to leave his estate to qualifying beneficiaries in his Will, the undersigned believes that the administration of his Estate must be governed by the Intestate Laws of the Commonwealth of Pennsylvania. 9. Petitioner, after a proper search, has ascertained that Decedent is survived by no living wife, and that his intestate heirs are his two living children, Matthew C. Horner, of 902 Canterbury Drive, Moon Township, Pennsylvania 15108, and Kyle Nathan Horner, of Manheim High School H-J, Unit 09939, APO DE09086, located in Germany. "J . ~ I . . 10. Mildred C. Talega-Horner, who had been named as personal representative in Decedent's Will is not qualified to serve as such, having been divorced from Decedent. Kyle Nathan Horner, Decedent's son, is a minor, age 17 years, and resides in Germany, and is, consequently, not qualified to administer this Estate. 11. Matthew C. Horner, Decedent's son, is entirely disabled as a result of spastic quadripelegic cerebral palsy. Attached hereto as Exhibit "B" is a Final Order of Court of the Court of Common Pleas of Allegheny County, Pennsylvania, entered October 14, 1997. In said Order, the Court determined that Matthew C. Horner was totally incapacitated and appointed Daniel Horner or Mildred C. Talega-Horner as Plenary Permanent Guardians of the Estate of Matthew C. Horner. Upon the death of Decedent, Mildred C. Talega-Horner became the sole Plenary Permanent Guardian of the Estate of Matthew C. Horner, and continues to serve as such and to care for him at her home. Matthew C. Horner is, consequently, not available to administer this Estate. 12. The undersigned is advised and believes that the aforesaid children of Decedent are the sole intestate heirs of his Estate and undertakes the responsibilities sought herein at the request and with the assistance of Mildred C. Talega-Horner, the Court Appointed Guardian of one of the sons, and the designated personal representative (although disqualified by divorce) of Decedent's Will. SAlOIS 13. In accordance with the Pennsylvania Decedents, Estates and SHUFF, FLOWER & LINDSAY Fiduciaries Code, 20 P.S. S3155(b)(5), the undersigned applies for Letters of ATI'ORNEYSoAToLAW 26 W. High Street Carlisle, P A Administration of Decedent's Estate. The undersigned does so in the belief that Decedent had no surviving spouse, that no one is entitled to the residuary estate under SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYSoAToLAW 26 W. High Street Carlisle, P A I . , " .. I . . the Will, that no intestate beneficiary qualifies to administer the Estate, and that the creditors of Decedent at the time of his death have not petitioned to serve as administrator of this Estate. WHEREFORE, Petition respectfully requests the grant of Letters of Administration in the appropriate form to the undersigned. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, PA . , '. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) : ss. COUNTY OF CUMBERLAND ) The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that as personal representative of the above decedent Petitioner will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this ..30 TIT day of ,2001. II II ~... . . . . . '. . I GRANT OF LETTERS OF ADMINISTRATION ESTATE OF DANIEL E. HORNER, DECEASED. AND NOW, 5l2Pr. II NO. , 2001, in consideration of the Petition filed herein, satisfactory proof having been presented before me, IT IS DECREE that JAMES D. FLOWER, JR. is entitled to Letters of Administration, and in accord with such finding, Letters of Administration are hereby granted to JAMES D. FLOWER, JR., in the Estate of DANIEL E. HORNER. FEES: Letters of Administration Short Certificates (\3 ) ReIIUlllvi~CfJ $ (/70, CO $ Cf ~ 00 $ $ .5,00 $1+~D TOTAL SAlOIS Filed SHUFF, FLOWER & LINDSAY AlTORNEVSoAToLAW 26 W. High Street Carlisle. P A James D. Flower, Jr., Esquire #27742 Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 ,2001 '. , '. _. "t .J - PERSONAL INFORHATION I, Daniel E. Horner, a resident of Pennsylvania, Allegheney, declare that this is lrry will. My Social Security Number is 190-44-9448. REVOCATION OF PREVIOUS WILLS FIRST: I revoke all wills and codicils that I have previously made. MARITAL STATUS SECOND: I am married to Mildred C. Telega-Horner. CHILDREN THIRD: I have the following child(ren) now living: Matthew C. Horner and Kyle N. Horner. FAILURE TO LEAVE PROPERTY FOURTH: If I do not leave property in this will to one or more of the children or grandchildren whom I have identified above, my failure to do so is intentional. DEFINITIONS FIFTH: As used in this will, the term "specific bequest" refers to a gift of specifically identified property that I leave in this will. The term "residuary estate" refers to all property subject to this will that is not passed by specific bequest or that is specifically left to or becomes a part of my residuary estate when a beneficiary of a specific. bequest fails to survive me. The term "residuary bequest" refers to a gift of all or a portion of my residuary estate. RESIDUARY ESTATE SIXTH: I give my residuary estate to Mildred C. Telega-Horner. However, if Mildred C. Telega-Borner does not survive me, the living children of Mildred C. Telega-Borner shall take my residuary estate. EHCtTHBRAHCES ABD L tENS SEVENTH: All personal and real property I give in a specific or residuary bequest shall pass subject to any encumbrances or liens on the property. SURVIVORSHIP PERIOD EIGHTH: When this will states that a beneficiary must survive me for the purpose of receiving a specific bequest or residuary bequest, he or she must survive me by 45 days. 111/1 P~ge 1 Initials: as /J c-(J AM If ,t{ Date: e v.d 8~606S~~!v 1::J::J8 \ , . Will. o:f Dan1.eJ. E. Harner "~ DIVISION OF BEQUESTS NINTH: Any specific bequest or residuary bequest made in this will to two or more beneficiaries shall be shared equally among them, unless unequal shares are specifically indicated. PERSONAL GUARDIAN TENTH: rf at my death a guardian is needed to care for my minor child or children, 1 name Mildred c. Telega as guardian. No bond shall be required of any personal guardian appointed under this will. PROPERTY GUARDIAN ELEVENTH: If at my death, a guardian is needed to care for any property belonging to my minor child or children, I name Mildred C. Telega-Horner as property guardian. No bond shall be required of any property guardian appointed under this will. PERSOHAL REPRESENTATIVE TWELFTH: I name Mildred C. Telega-Horner as my personal representative. No personal representative shall be required to post bond. PERSOHAL REPRESENTATIVE'S POWERS THIRTEENTH: I direct my personal representative to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in ,the appropriate court for the independent administration of my estate. FOURTEENTH: I grant to my personal representative the following powers, to be exercised as he or she deems to be in the best interests of my estate: 1) To retain property without liability for loss or depreciation. 2} To dispose of property by public or private sale, or exchange, or otherwise, and receive and administer the proceeds as a part of my estate. 3) To vote stock, to exercise any option or privilege to convert bonds, notes, stocks or other securities belonging to my estate into other bonds, notes, stocks or other securities, and to exercise all other rights and privileges of a person owning similar property. 4) To lease any real property in my estate. 5) To abandon, adjust, arbitrate, compromise, sue on or defend and otherwise deal with and settle claims in favor of or against my estate. 6) TO continue or participate in any business which is a part of my estate, and to incorporate, dissolve or otherwise change the form of Page 2 Inidals: 4.c1 pcP ,f11 ;!{ ,Zf Date: /C 1St- 9 ~ S.d E2S0S922!to I :l :::H:.l e!o=O! ~ Hi11 of Daniel E. Horner organization of the business. The powers, authority and discretion I grant to my personal representative are intended to be in addition to the powers, authority and discretion vested in him or her by operation of law by virtue of his or her office, and may be exercised as often as is deemed necessary or advisable, without application to or approval by any court. PAYMENT OF DEBTS FIFTEENTH: Except for liens and encumbrances placed on property as security for the repayment of a loan or debt, I instruct my personal representative to pay all debts and expenses, as provided for by the laws of pennsylvania. PA'UIElrl OF' TAXES SIXTEENTH: I instruct my personal representative to pay all estate and inheritance taxes assessed against property in my estate or against my beneficiaries as provided for by the laws of pennsylvania. NO CONTEST PROVISION SEVENTEENTH: It- any beneficiary under this will contests this will or any of its prov~s~ons, any share or interest in my estate given to the contesting beneficiary under this will is revoked and shall be disposed of in the same manner as if that contesting beneficiary had failed to survive me and left no living children. SIGNATURE I, Daniel E. Horner, the testator, sign my name to this instrument, this . Ie T/.,} day of FC~~t/AI't./ , 19~, at .A/l1tHI rtvp, P,g 1 , declare that I sign and execute this instrument as my last will, that I sign it willingly, and that I execute it as my free and voluntary act. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence. dJa-:./e~ (Signed) WI'l'NBSSES We, the witnesses, sign our names to this instrument, and declare that the testator willingly signed and executed this instrument as the testator's 1ast will. Each of us, in the presence of the testator, and in the presence of each page 3 Initials: .6?t ..61 I3dJ , llJ. /11 IN Date: /t: &.-L 9? S.d 826069221tr I:J:JbI ~20:01 10 81 Inr ~ ACKNOWLBDGHBR~ Commonwealth of Pennsylvania County of: A'-Lf:CI./C/VCy I, 7>,4VIl:L e. 116A.IJC~ , the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed_ L/r~ Testator: Officer: 91IP--- ~\a.tl~..,i J(J.r.j{)~,./ ~~ j. L.-' "'1 I AFFIDAVIT --~ ~='$'~~..,., flTtt'\~r. f.)t""i"':'i!,;" ~...-::...~...~~ .'\'~'"=.-:, .":'-'11 ~.:-, ~ '. ", -' :.-~ Commonwealth of pennsylvania County of: /jUE€iJCiVCY We, P/'..L--.-L .I-~ I and ~~ ;r/l7\h,.~.!.-/--- witnesses whose names are signed to the attached or foregoing instrument, having been duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his/her Last Will; that the testator signed willingly and executed it as his/her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. , the sworn to or affirmed {],\Pl-I r(G- IAt' ,~.! witnesses, this (0 -; / Witness: A~{'-- U----.::._L-e- Witness: ~d:.y '/'/ 7J'~t--- Officer: CYu.a~-~t ~~ and subscribed to before me by and A1;-r /. <'1/ J1tl t( ~ h (' l- - t. ( t:? day of rC'ICJ(r,U~r-~ , 19 {k - , Jlh l(l~." R [,l~. I NctariaI Seal ...t.tOlIIoc91.~ Ui~~ 10.1996 . Asaxialion of NoIr.Jri;ill Affidavi.t - Page 1 L-d E~606S~~'[.p. I:J:Jl:I e~ Sod " Page 4 ............... . f' ... Initials: LOLv pcP . E~SOSS~~1~ j/;J- IL! r11.... Date: I:J:Jl::j ~~?C e~0:01 10 E1 In(' ~"""" ""~."_~'~''i-.l'!.::df.'t.~~t' . '. "~~RJf"~wt.. . .,'..- " \. ~:;."'. ,,',;: ';'..-'. . 'j '.. ,-'--"-"'-.~.:: . ... ,. '.,'. IN 'l'lm COUR'j: ., COnrl0N' PI"EASE OF hl,I,[:'::'HENY COUN'ry,' PENNSYLVANIA O.lU'!Il\NS' COUR'l' DIVISIONS IN RE: ) ) ) NO," 4?00 of 1~91 . .) '";":_;<;'",,,,,"~'.:;.":,.,:L,: ,;. '.;;.....,....... ' ) FINAL ORDER OF COURT ) APPOIN'l'IUG PLENARY GUARDIANS I1~ t t.~ :'Horn ~..:.:;.L~.:_:._'.:...- an all~ged 1;:H.:~\pacit:ated ~)erson . ','c.. II. ., '. ',..1:...... Fil(~:l on behalf of Petitioner: DANIEL HORNER Counsel of R~cord for this Party: ::.~. L." ... ..., .~';.:'"; (; '. ~ ~ '1 I 'If .. ( .. ~ , J. ~, Mlca~EL A. CARR, ESQUIRE PA 1.0. #34335 RAPH!>.ET." RAMSDEN & BEHERS, P.C. ;' , :. ;. ~ : 1200 Frick Building 437 Grant' street' Pittsburgh, PA 15219 ! ; " ~ ~. -; :;. ,. - ~..: :" ~ . .\ ',.. (41~.) ,471-882~ .;. , .. , ..' '"; I. ~ Firm N~). '313 .L. ',;'. '1-:" ...." ~.. :_ ~ ;'~~ .r~ ~l",/ () ...'. . l ::.'~ (,,\, \.' '~,'. .. . .. ..... I'. \.. .~' i"i ;, ~. \ ~, . ... ... - "~ - ~...~..."----,~..."..-.;..,-:n;"~H~li~:"iFJ;.~~~;r.r.cn.~~ L . '~-'",;#'. I .. ~ :. '~'h.~ , COURT OF COMMON PLEASE OF ALLEGHENY COUNTY, PENNSYLVANIA . ORPHANS' COURT DIVISIONS , Matthew Horner .Ian all,g4ad incapacitated ~:person ) ) ) NO. 4700 of 1997 ) ) ) '. ~ ~~" . ,~ . " FIN"~ ,ORDER OF COURT APPOINTING PLENARY GUARDIANS 9 AN; NOW, this ~ day of October, 1997, a hearing in this case 'having been held on October 14. 1997' , and it appearing to the Court that Matthew Horner was served with a Citation and' Notice 'of this hearing on Septernb~r'12. 1997 , and the , , , Court:" findsj't11at the physical or mental conditions of Matthew :;:":I..j~\:,~",:!;~.;: ~:~i~ ~'~~ -;" . "'. ," Horner" ,,', ' would be harmed by his/her presence at the hearing, , ,:, ~;; I.:':;' ~ ! \" ,;. . : ~', '" . . and"further'~finds from the testimony: t. " .~ ~ ,:,).~; 'J.~~' ~(:~ ..' . ,[" i,1 ';;;1. ", That Matthew' Horner f".' ~ suffers from spastic cerebral palsy, a condition or disability which totally impairs his capacity to receive and evaluate information : "'. . ".' ~ ~ ::'( ; ':i . effect~vely and to make and communicate decisions concerning v,'';''" , ; " ' his/her management of financial ,. affairs or to meet essential requirements for his physical health and safety. 2. That there are insufficient supports available to assist , ..: Matthew Horner in such decisions' and that there exists no other less restrictive alternative mechanism for decision making, , 3. "/ 'Th~t b~sed on the total' incapat::i ty of 'Matthew Horner " ? ;'. to 'recedve and evaluate information' i and ..~to make or' communicate " i': j'\,.'"',.:~"~hi~' :.:<. . . decisions, a plenary Guardian of the Person and a plenary Guardian " ~ ,., , .....~~.,~ ,\~ "';-":':.J...~' J.",..:,..:t';;"\~~l~':";'~lt, " r:i/. -; . ._----~- -- . ':_;'~"';""!'.il"b~~~i~ttlt:~;J.~VL&.t~~::J;.';i:>;", .. ;; . ''''~'''(O,..!. 'I ... ,.Estate are required on a permanent basis . j;.:;i.. " .<::J:'-~~' . OW, THEREFORE, based on the clear. and convincing evidence f.. '; ',:,' ',: . , '," ~" . . . ,OFtin9 1:he foregoing findings it is ORDERED, ADJUDGED and .;,t~i-;~:.::r:L'} ~~:.:."C. ;\. ;}~,.~ ~,~.' " i 'R.:E~D that Daniel Horner or Mildred C.' Teleaa Horner be and aFe .., '..." \ \ j ~ ';,.';:-1.... ' . .. er~py. appoint~c1 Plenary Permanent Guardians of the Pers9n of ,ft.:.,: ' I....' ".' '..', ',. Daniel Horner ,.OJ:. Mil~red C. Telega Horner be Plenary Permanent ~uardians of the Estate .' '\. ~ If there is a safe deposit box in the name of the . i.,; . . I:' ,-.,1; , . - '-, -... . . incapacitated person alone or in the name of the incapacitated person and another or others, said safe deposit box shall not be entered by the guardians except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court. 'p~ Vision.~ ': The . . -._....1"'... -'_".." ......... ",.."..... ~.'c.., . representative present at the time of entry shall make orcause:~o be 'made a record of the incapacitated person's property, 'and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. The representative shall be reimbursed fOl; all expenses '" ':"'\l"\.t . , incurred payable from the estate of the incapacitated person. by each Guardian shall be filed within 90 days thereafter. and annually .. :~",,"i~ ~. t ~"J..\'.~ r , . ,'" '#";l\i"~~~iL';~~"i{;r~~<<;;'~iii.~'1;U~':i.:,,;.,~.:ii!...;"... ~', .'. ;, ...~" \ ... Bond in the ,amount of -0- shall be presented for "oval by the Gua~dian;, of ~he Estate within five days. ; Matthew Horner ;an ~ncapacitated person, has the :ight to appeal this Order of Court by filing exceptions within t~n i~~.;, ;~ays of this date or to petition this Court for a review hearing to ~~::'.'r.' /, ,',' modify or terminate the guardianship' herein' established. .,{. ' . .' .l If Matthew Horner was not present at this hearing on appointment of a lr:\ ),." ~ guardian, then petitioner shall serve upon and read to Matthew . . Horner the statement of Rights, a copy of which is attached to this Order as Exhibit "A" and file proof of such service with this Court within ten days. PER CURIAM: J .' . '/ " . . ., """". ~ ' ., . ; .,' , " : ".;~\ ~ ~. ~ :...:~ :::~:.~~.. ~.. .,ti~"'~ ~l~f;1 .: ~w' \: .- J~~\ ,lIN ORDER HAS BEEN 'ENTERED WHEREBY YOU !\AVE. BEEN ADJUDICATED lIN If'" ,.","" , .., ~" .\ , , ..' ". :::'.>::'IJI~ACITATED'iPtRSON lIND UNABLE TO cARll FOR YOllRSELF lIND/OR MANAGE . :::('i.\f,,'1Y::i . ~ ' . . .f'r 'YOUR :PERSON~AFFAIRS. YOU !\AVE THE RIGHT TO FILE EXCEPTIONS TO ~":;>.:' .,.... ' ',,: . THE COURT'S DECISION WITHIN TEN (10).,1 DAYS OF' THE DATE OF THE ". ,,' ,v \ \ ' '... 1 . .. " .' COURT'S ORDER. IF 'lOll FAIL TO FILE EXCEPTIONI;l,' THE ORDER WILL (' },)~ . :... ... . BECOME 'FINAL. IN THE EVEJlT THAT YOU FILE EXCEPT~NS lIND THEY ARE ',(.,~:;t,:' ", ,~;_:"" i:d.';:;(';'~:'~:;.. " e:}: :.~'b~,. !II, ~ "': ". ....., ': DBNIED. . YOU !\AVE A RIGHT 'iTO' FILE lIN APPEAL TO THE, SUPERIOR COURT +;"',':;,; \",/:' . !;f~;:,(.",;":;:;':WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE 1":':7it;~~:;;':";ft~;:;;l,.' ,;, 'YH;:;~:,,:d':'EXqEPTIONS · '''~:~i <:~tt~~.;:~~.~, ~./ t...:~f;r~ " ,~l~]fGfirIN ADDI~ON. YOu MAY PETITION TH~,,~OUR~:~T.AN'! FUTlJRETIME TO .,...... "" ..' .i~:.,",'..J:'MODIFY OR TO TERMINATE THE GUARDIlINSHIP IFTHElUI IS A CHANGE IN :.ji"'{: ,,:,,:,. . ,.,." " . . .h. '.., ., yoya CAPACITY OR IF YOUR GUAR!lIlIN FAILS ,TO PERFORMHIS/HER~~I~i.,:' IN ACCORDlINCE WITH THE COURT'S ORDER;' ' .'... " VI" ,- IF YOU WISH TO APPEAL THE ORDER OR TO ,PETITION THE COURT TO ~ .,< I MODIFY OR TERMINATE THE GUARDIlINSHIP. YOU ARE ENTITLED TO BE lUIPRESENTED BY,lIN ATTORNEY. IF YOu 00 NOT. !\AVE lIN ATTORNEY. THE , .,.' '.;, (;,",,,,: ' " '. 'COURT MAY APPOINT ONE TO lUIPRESENT::YOU.::,.:'IF,.:YOU CANNOT AFFORD lIN -.FOR YOU WILL BE PROVIDED AT NO COST TO YOU. THE SERVICES OF lIN ATTORNEY WHOM THE COURT MAY APpoINT '~':' t.~;>' 'j 'f, ... ":1 '~ EXHIBIT "'1\'" ,I ,.t~: ~<'i-'::!;ff"'t~" ' . . """-_..~..._-~ . , ..... ..., ". .' .' ,I' "," ,,-, ".'. ... . " . ',..' '4'/ "",,',k,i~Hi,;~,),r~:),~il!N.\:~.i/~~,,,:;:~,i/, \i",';"~f.'P\'\:' 'u. '>l.'i"'; " .. , , " . I ~,.,.'~~.l'''I~I'!I::ef~~;'.':..,):~~:;r..~.)~" Millie Horner 902 Canterbury Drive Moon Township, PA 15108 July 11, 2001 Re: Registering original Will of Daniel E. Horner Regis ter of Wills Pauline Barkley Deputy Registrar One Court House Square Carlisle, PA 17013 Dear Ms. Barkley, I spoke with Ralph Wright and he suggested that I send you the original Will of Daniel E. Horner. Currently, it is very difficult for me to obtain a sitter for Matthew, Dan's natural son, who resides with me, who is multiple-handicap and requires 24 hour care. Could you please contact my office at 1-800-982-2248 to verify receiving. Currently I am investigating obtaining local legal counsel with the following: Attorney Jim Jones Attorney Jim Flowers, JR. As of July 11, 2001, I have not spoken directly with either regarding this matter. Sincerely, ~~ Millie C. Horner enclosure: Original Certified Will of Daniel E. Horner t: -- CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: DANIEL E. HORNER Date of Death: June 12, 2001 Estate No.: 21-01-0839 To the Register: I certify that notice of the beneficial interest estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on October 8, 2001. Name Address Matthew C. Horner c/o Mildred C. Talega-Horner, Guardian 902 Canterbury Drive, Moon Township, PA 15108 Kyle Nathan Horner Manheim High School H-J, Unit 09939, APO DE09086 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None Date: October 8,2001 \ 1 ~/ I/V~V~' C / - Signature' ( '}{...;' , ,- L' ;f/~/ : I l SAIDIS, SHUFF, FLOWER & LINDSAY Name James D. Flower, Jr. Address 26 West High Street Carlisle, PA 17013 Telephone (717) 243-6222 Capacity: ~ Personal Representative Counsel for Personal Representative JRD/June 30, 1992/17858 ! 2.00/4. In Re: Estate of Daniel E. Horner : ORPHANS' COURT DIVISION Late of Carlisle Borough : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Estate No.: 2001-839 : PENNSYLVANIA : : NO. 21-DanielE. Homer NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: James D. Flower Jr, Esquire Counsel for Personal Representative: James D. Flower, Jr, Esquire Date of Decedent's Death: 06/12/01 Date of Delinquency Notice: 07/14/04 The undersigned, Glenda Famer-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30, 2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 07/14/04 ~. ~ ~(/,'~.~ Glenda F~ S~asbaugff Clerk of the OCh~s' Co~ Distribution: ~0nal Representative ' ~sel for Personal Representative ~state File A hearing is scheduled for at in Cou~room No. 3. If the Status Repo~ is filed prior to the hearing date, the he~ing will automatically be cancelled. .~" ~ ., ~ ; ~ ~ - eorg< . · ~",.,~.~",~IiO~ ltem41f~~llS~ . PrInt your fl8iTllI..~ QII." ,lMIM 8OthatWlt...~....~ . Attach thIs~.tht~ Of1he~ or on ........If.......... 1. ArticIeAddnle8ed to: FLOWER JAMES D JR 26 WEST HIGH STREET CARLISLE PA 17013 D. ."dIIWry 8dchs8 cIIrerent fltm Item 11 If VJ:;$l __ dIIvery aclcIr888 below: 2. ArIIcIIt~ ~.....-.... 1. ecpr... Mall C Refl.m AeceIpt for MetChariclIse C ....... Md C O.O;D." 4. ReIlrlc::ted DeIIwIry? (&Ira FfI81 C Yell 7003 3110 0004 5769 9317 . I i III RAm ReceIpt I"- r-'l IT1 IT" IT" ...0 l"- Ll') U.S. Postal Servicem ~ERTIFIED MAIL", RECEIPT (iJomestlc Mail Only; No Insurance Coverage Provided) :T c::J c::J c::J c::J r-'l r-'l IT1 IT1 c::J to I ~ "$iii6f.APt7'o.;..m.~.~.~.~.'J' !i.~S.n.._--_----_--.".._....m ;;'S:;;:P+4..Q.L:='~';'~r""'1/e[;':':"~" ........__m_.. , '" . . . , "' , . I OFFICIAL USE I Postage $ Cer1ll1ed Fee Postmark Return Reclept Fee Here (Endonlement Required) .. Restricted Delivery Fee (Endorsement Required) .- Total PoStage & Fees $ . . :.. .. " STATUS REPORT UNDER RULE; 6.12 Name of Decedent: ~ DateofDeath:_ ~ - !~-19 ! Will No.... ~ ~t~;2 /.._, ~z .~ ~ Admin. No.: Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: 2. If the answer is No, state when the personal rep, resentat, hve reasonably beheves that the administration will be complete: _fi-2 t9 ~ 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes _ No [] b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes ['-] No c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date:~.-' ~- ~2 t~ Si~knature Address Telephone No. Capacity: ~ersonal Representative i~1 Counsel for personal representative September 29, 2004 Mr. James D. Flower, Jr., Esquire 26 West High Street Carlisle, P A 17013 IN RE: Estate of Daniel E. Homer, Estate No. 21-01-0839 Dear Mr. Flower: It has come to my attention as solicitor for the Office of the Register of Wills and Clerk of the Orphans' Court in and for Cumberland County, Pennsylvania, that the above estate has failed to file a report of the status of administration as required by Pennsylvania Orphans' Court Rule 6.12. Subsection (f) of Rule 6.12 required that the Register of Wills notify the Court in the event the personal representative or counsel fails to file this notice after (10) days written notice thereof. You have already received written notice of this delinquency by the Register. Kindly accept this letter as written notification that unless the required 6.12 Status Report is filed with the Register of Wills Office with ten (10) days of your receipt of this correspondence, I will be compelled to file a Motion for Sanctions for Failure to Comply with Orphans' Court Rule 6.12. If required to do so, I will request that the Court grant counsel fees and court cost to be assessed against the offending party. Sincerely, Kirk S. Sohonage Solicitor Cumberland County - Register of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 05/03/2005 FLOWER JAMES D JR 26 WEST HIGH STREET CARLISLE, P A 17013 RE: Estate of HORNER DANIEL E File Number: 21-01-0839 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 06/12/2005 Your prompt attention to this matter will be appreciated. Thank you. Sincerely, ~ ''L:' ~ . G:~~~':=~ STRAS~UGH REGISTER OF WILLS cc: File Judge J a5pn.c Tasuno;) ar]:"d r ::J:J S~~1M dO H~~S1D~H X~nd~a O~~O "W VNNOa 'ATa.1:a:Ju"j:S "noX ){UBt[~ .pa4B"j::Ja.1:ddB aq TT"j:M .1:a44BW S"j:t[4 04 UO"j:4ua44B 4dwo.1:d .1:nox EOOG/Gl/9 :uo 4uanbu"j:Tap awo:Jaq TT"j:M 5u"j:T"j:J s"j:t[~ "UO"j:4B.1:4S"j:U"j:WpB pa4aTdwo:Jun .1:0 pa4aTdwo:J JO 4.1:odaH sn4B4S B sTT"j:M JO .1:a4s"j:5aH at[4 t[4"j:M aT"j:J TTBt[S 't[4Bap sl4uapa:Jap at[4 JO S.1:BaA (G) OM4 U"j:t[4"j:M 'Tasuno:J s"j:t[ .1:0 aA"j:4B4UaSa.1:da.1: TBUOS.1:ad at[4 'G661 'I ATn.c .1:a4JB .1:0 uo 5U"j:Ap s4uapa:Jap .1:oJ 'I "ON ~~~;)Oa S~~nH ~HnO;) ~W~HdnS EOl "ON 'S~~nH ~HnO;) ISNVRdHO ~HnO;) ~W~HdnS O~ S~N~WaN~WV at[4 .1:ad SV "a4B4Sa paUO"j:4dB:J aAoqB at[4 u"j: (Gl"9 aTnH) aA"j:4B4UaSa.1:daH TBUOS.1:ad Aq 4.1:odaH sn4B4S at[4 paT"j:J 40U aABt[~nOA 4Bt[4 UO"j:4ua44B AW 04 awo:J SBt[ 41 :WBPBW/.1:"j:S .1:Baa " 6E800-100G :.1:aqwnN aT"j:d ~ ~~1NVa H~NHOH JO a4B4s~ :~H EI0Ll Vd '~~S1~HV;) ~~~H~S HD1H ~S~M 9G H.c a s~wv.c H~MO~d EOOG/LO/S :a4Ba SvE9-0VG (LIL) :auot[d EI0LI 'Vd 'aTs"j:T.1:B;) 4aa.1:4S t[5"j:H pUB .1:aAOUBH STT"j:M JO .1:a4s"j:5aH - A4UnO;) pUBT.1:aqwn;) - ~ (j/ STATUS REPORT UNDER RULE 6.12 Name of Decedent: ~ ~.e..ki .t=.. ~ Date of Death: , - I /.. -C) / Will No.: Admin. No.: dtfel-~o2"3~ Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes 0 No ~ 2. If the answe~ i~ No,. state.when the personal represen ,ative reasonabl!,' believe~ J /I, that the adr~l1mstr~t~on wIll,~e complete: , , " - -: ~ ~~ ~ ~~~ ~~~ €I -f;r"l{l."t.~ 4:- 3. If ~e ans*er to N~.L.l is Yes, state the following: fi,;, S uCk.4___rl. ~"; a. Did the personal representative file a final account with the Court? Yes No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the persoRal representative state an account informally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be att~~hed to this report. ~.' Date: 6' - / f/- 0/' i'" it~ X. lJ") :-:r N E \~~(~~~~ {;.-l.) ~.';) .) Si~ature '[ ~ ,I I " ~, , .. ,,' ~.42-~f' OJ 1"1.,(j tA.A,.~\l/-"'" 1 J , Name 0\ ...- '; / /.! ,1~ .,. (it (;, vV'. J , fV17.4;. , Address (") .d:~ j.! ~"'," l/ U / -....,,, ' ", --" f./\-~ ft-<.: r~ l ;;; v , ,<' ""i' ;>""'d '1'~ -6~~~-.. Telephone No. Z ::::J J , v D j:= . -' _H.J fV"l P Capacity: ~sonal Representative o Counsel for personal representative . Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name ofDecedent: -0 <t A'" l ...-t FE. IJ Or- ".01....- Date of Death: 6- /;2.. - CJ J Estate No.: :< J - 0 (- () '/J' 31 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes 0 No ~ 2. If the answer is No, state when the personallepresentative tyasonably believes that the administration will be complete: ~ ~ 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal represen1ative state an account informally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases,joinders and approval offorma! or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report Date:6-~"'-D~ Co") l'J ~/.ot ~ '~d?- IJ&--tM~.s. f). 'FtOt-U~.J.r: - Name ;/6 {)J, ~ St- ~ h'3t.- f" 17." Address 7/7-;;Q'S-6 ?--;?-d-.. Telephone No. lL. .. (",' Capacity: jB1"ersonal Representative o Counsel for personal representative fl Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/22/2007 FLOWER JAMES D JR 26 W HIGH STREET (') :-0 CARLISLE, PA 17013-2922 h) rc.) RE: Estate of HORNER DANIEL E File Number: 2001-00839 (3 " ('~T\ Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/12/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. S1::~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: DANIEL E. HORNER Date of Death: June 12,2001 File Number: 21-01-839 Pursuant to Pa. o.c. Rule 6.12, I report the following with respect to completion ofthe administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. 0 Yes IZI No 2. Ifthe answer is No, state when the personal representative reasonably believes that the administration will be complete: 30 days 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . .. 0 Yes 0 No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... 0 Yes 0 No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date June 19,2007 pacity: IZIPersonal Representative 0 Counsel James D. Flower, Jr., Esquire, Executor Name of Person Filing this Form \ld "08 ON\r"JtJ3m~nJ ll:lnOO S.NVHdl:lO :10 )il:l3~ 90 :E Wd 02 NOr toOl 26 West High Street Address Carlisle, P A 17013 717-243-6222 Telephone ~n I (\C\Ji.! ....)-~.J...\._h...)-.JU Form RW-lOJ(rev3ffllII3J/JIi (0. '1(1i '{'\'~'~' , .)\JJlJ:V I j~O\~j\)Ju -.J 15056051058 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOX 280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death OFFICIAL USE ONLY County Code Year File Number INHERITANCE TAX RETURN RESIDENT DECEDENT 21 01 0839 Date of Birth 190-44-9448 09/11/2001 10/01/1953 Decedent's Last Name Suffix Decedent's First Name MI Horner Daniel E (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW . 1. Original Return 2. Supplemental Return 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number 4. Limited Estate . 6. Decedent Died Testate (Attach Copy of Will) 9. Litigation Proceeds Received 8. Total Number of Safe Deposit Boxes James D. Flower Jr (717) 243-6222 Firm Name (If Applicable) REGISTER OF WILLS USE ONLY Saidis, Flower & Lindsa 26 W. High St ,....-, c~.,;,) = --' ':-, r ~;'1 C"} ~) C'l .::-:) . . C) '-': 0 - "'}) First line of address Second line of address )\::: -0 ..~. City or Post Office State ZIP Code DAn; Rt;Ers; Carlisle Pa 17013 ~ _"J ::: --; c..) c..11 U1 Correspondent's e-mail address:jflowerjr@sfl-Iaw.com Under penalties of perjury, I declare that' have examined this return, inclu' accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the p on epresentative is based on all information of which preparer has any knowledge. - --- fJr"..-Jd~;TU-l) ..---; _~!&_.m_ ~ .. __1'JP}3. ...._. - DATE ADDRESS PLEASE USE ORIGINAL FORM ONLY Side 1 L 15056051058 15056051058 .-J cJ .-.J 15056052059 REV-1500 EX Decedent's Name: Daniel E Horner RECAPITULATION 1. Real estate (Schedule A). . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1. 2. Stocks and Bonds (Schedule B) . . . ...................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . .. 3. 4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5. 6. Jointly Owned Property (Schedule F) Separate Billing Requested . . . . . .. 6. 7. Inter-Vivos Transfers & Miscellaneous Non.Probate Property (Schedule G) Separate Billing Requested.. . . . . .. 7. 8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. 9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). . . . . . . . . . . . . . . . 10. 11. Total Deductions (total Lines 9 & 10). .. .......... ... ........ ........ ... 11. 12. Net Value of Estate (Line 8 minus Line 11) ...... ..... .......... ......... 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14. TAX COMPUTATION. SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0_ 16. Amount of Line 14 taxable at lineal rate X.O_ 17. Amount of Line 14 taxable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 15. 16. 17. 18. 19. TAX DUE. . . . . . . . . ..................... .........19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 15056052059 Side 2 L Decedent's Social Security Number 190-44-9448 0.00 514.00 514.00 5,113.36 62,798.89 67,912.25 0.00 0.00 0.00 15056052059 --.J REV-1500 EX Page 3 Decedent's Complete Address: DECEDENT'S NAME Daniel E Horner STREET ADDRESS 39 S. East St File Number 21 01 0839 DECEDENT'S SOCIAL SECURITY NUMBER 190-44-9448 CITY Carlisle Pa. 17013 ! STATE ZIP Tax Payments and Credits: 1. Tax Due (Page 2 line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 0.00 Total Credits (A + B + C ) (2) 3. Interest/Penalty if applicable D. Interest E. Penalty .--- -- Total Interest/Penalty ( 0 + E ) (3) 4. If line 2 is greater than line 1 + line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 5. If Line 1 + line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (SA) (5B) A. Enter the interest on the tax due. 0.00 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred;.......................................................................................... 0 ~ b. retain the right to designate who shall use the property transferred or its income; ............................................ 0 ~ c. retain a reversionary interest; or.......................................................................................................................... 0 [i) d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 [i) 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. 0 ~ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. 0 ~ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ 0 ~ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. ~9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. 99116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. 99116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. S9116(1.2) [72 P.S. 99116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. s9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX+ (6-98) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Daniel E. Horner D 21-01-0939 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION 39 S. East St, Carlisle,Pa. This property was owned by decedent's mother Shirley 0 Horner, VALUE AT DATE OF DEATH 0.00 who had a mortgage on the property with Waypoint Bank. Decedent was the executor of the estate of Shirley O. Horner, but to the knowledge of the undersigned, and based upon the attached letter of the attorney for that estate, he did not cooperate with that attorney, and did not complete that estate before his death. He imporperly conveyed this property to himself by deed recorded at Deed Book 217, pg 566. He then later made subsequent conveyances of the same property on 7-24-2000, to the custodial parent of Kyle N. Horner by deed recorded at Deed Book 255, pg 816, and to a Deborah Lynn Clugston on 12-4-00 by deed recorded at Deed Book 235. page 429. It is believed that Daniel Horner never had good title to the property at all. Before all of these facts were known, the estate made several mortgage payments to stave off forclosure by the bank, but due to the estate's lack of funds, the Bank foreclosed on the nr"n~r+\I in D property in No 03-582, a copy of which judgment is attached. TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 0.00 REV-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Daniel E Horner FILE NUMBER 21-~ Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH net proceeds from sale of personal property 514.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 514.00 REV-1511 EX+ (12-99)W COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Daniel E. Horner FILE NUMBER 21-01-0839 Debts of decedent must be reported on Schedule I. ITEM NUMBER A. DESCRIPTION AMOUNT FUNERAL EXPENSES: 1. B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN Number of Personal Representative(s) Street Address City . State Zip Year(s) Commission Paid: 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State .Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. advertising Evening Sentinal advertising Cumberland Law Journel Duraclean Specialists Inc to clean property Waypoint Bank Mortgage payments 86.00 100.31 75.00 1,905.45 2,946.60 TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 5,113.36 REV-1512 EX+ (12-03) '* SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Daniel E. Horner FILE NUMBER 21-01-0839 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. funds advanced to estate and unreimbursed by Millie Horner (decedent's former wife) 3. numerous unsecured debts, as set forth on the enclosed schedule (all unpaid) 2,000.00 1,100.29 59,698.50 2. funds advanced by Said is Flower and Lindsay for expenses of estate and unreimbursed TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 62,798.79 HOI} 2 ROWE'S] AUCTION SERVICE (RH 79L) Bill Rowe (AU 1538L) Ben Rowe (AU l092L) 2505 Ritner Highway · Carlisle, PA 249-2677 697-4794 249-1978 Bob Rowe (AU 2276L) Dave Rowe (AU 2295L) Auction Is Action Call ''Rowe'' For Satisfaction SELLERS NAME 3~.a.~.. ~{~.. ADDRESS . (l ::S-\t7-- DATE 1-1 /'i.1 D{ PHONE ;;ty. '3 - 67- -z.."2- AUCTIONEER % 7-S:- l~ j......... OhERI{.% _ """ OTHER \)~;. \, ~ l \:4.."-:.loOt (12.- ~ "'" ilL c,...J"".4'& -- AUCTION DATE/LOCATION DESCRIPTION OF MERCHANDISE I Commission the Auctioneers to sell the merchandise to the highest bidder by Public Auction. Merchandise to be sold as is & grouped as necessary to obtain bids. I certify that I am the owner or authorized represen- tative of the merchandise, goods and or property and have good title and the right to sell and that they are free from all incumbrances. I agree to accept all responsibility for providing merchantable title and for delivery of title to the purchaser. I agree to hold harmless the Auctioneers against any claims of the nature referred to in this agreement. AUCTION SIGNATURE SELLERS SIGNATURE Total Sales (Clerking Tickets Attached) $ 7 ~. c~O Less Sale Expense: ~ (/ '/ % Commission Auctioneer $ ~7>"J>-U % Commission Clerks $ OTHER: TOTAL SALE EXPENSE DEDUCTED $ SELLERS NET $ ,~I 4 ( 0:::> ,--- ~~ ~~TION~ SELLERS SIGNATURE (Rule of Civil Procedure No. 236) - Revised JUN 0 9 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW W A YPOINT BANK F/KIA HARRIS SAVINGS BANK P.O. BOX 1711 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 03-582 W A YPOINT BANK F/KIA HARRIS SAVINGS BANK P.O. BOX 1711 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION o c r, -Il v. ESTATE OF SIDRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SIDRLEY L. HORNER EST ATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER DEBORAH CLUGSTON Defendant(s). NO. 03-582 -''''I: '"-'. t.> r--;':" ,/ C/, ~" r;: ~L ::-~! -, - .. ~,,:1 6 .~.-...,,' "f , "71 , -~ c-') ;,:]I"n ~-rJ -< (;'-\ :.,"' -...J Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~& 2003. " By: ~/ If you have any questions concerning this matter, please c I FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, LLP . By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W A VPOINT BANK F/K/A HARRIS SA VINGS BANK P.O. BOX 1711 HARRISBURG, PA 17105-1711 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. ESTATE OF SffiRLEY L. HORNER, RANDALL J. NO. 03-582 HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SffiRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER DEBORAH CLUGSTON Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against ESTATE OF SffiRLEY L. HORNER. RANDALL J. HORNER. EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SffiRLEY L. HORNER and ESTATE OF DANIEL E. HORNER. JAMES D. FLOWER. JR.. ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER, AND KYLE N. HORNER. DEVISEE OF THE ESTATE OF DANIEL E. HORNER.AND MATTHEW HORNER. DEVISEE OF THE ESTATE OF DANIEL E. HORNER. AND DEBORAH CLUGSTON. Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/1/03 to 6/4/03 TOTAL $47,034.39 $1,387.25 $48,421.64 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with ~7.1 , copy attached. N b~llt rN Q JY.-) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. (J /eUlU PRO PROTHY Rei: J ~ 0-(; /0 I) DATE: JOHN H. BROUJOS HUBERT X. GILROY (CO)jJJw BROUJOS & GILROY, P.c. If ATTORNEYS AT LAW 717-243-4574 4 NORTH HANOVER STREET 717-766-1690 CARLISLE, PENNSYLVANIA 17013 FAX: 243-8227 E-MAIL: brgilroypc@aol.com July 10, 2001 Deborah Lynn Clugston 3789 New Franklin Road Chambersburg, P A 17201 Re: Estate of Shirley L. Horner Dear Ms. Clugston: I represent the estate of Shirley L. Horner. Daniel E. Horner, Executor of her estate, died last month. Shirley's will provided for Randal J. Horner as the alternate Executor, who has been appointed by the court to conclude the administration of the estate. An asset of the estate was the home at 39 S. East Street, Carlisle. The property was willed to Daniel in his mother's will. However, there are debts ofthe estate, such as the inheritance tax, which must be paid. Weare attempting to gain access to the house through the coroner by appointment of an administrator of the estate of Daniel E. Horner. The property was improperly conveyed from the estate to Daniel E. Horner against advice of counsel. The property has been conveyed at a time when the estate administration was not completed nor certain claims and the inheritance tax paid. Mr. Horner had failed to come to my office to pay the inheritance tax and other outstanding debts of the estate. Records in the Cumberland County Courthouse indicate that the property was conveyed as follows: 3-13-00 Executor of the Estate of Shirley L. Horner Deed Book 217, Pg 566 to Daniel E. Horner 7-24-00 Executor of the Estate of Shirley L. Horner to the custodial parent of Deed Book 225, Pg 816 Kyle N. Horner (Mr. Horner apparently placed on the Recorder's Office records that the deed should be returned to "Karen E. Snyder, 39 S. East Street, Carlisle") 12-4-00 Executor of the Estate of Shirley L. Homer to Deborah Lynn Clugston Deed Book 235, Pg 429 Deed was returned to Deborah Lynn Clugston, 3789 New Franklin Road, Chambersburg, P A 17201 The title to all of these conveyances is in question. There are a number of serious actions taken with respect to the property and the estate. We are attempting to get an Administrator appointed for the estate of Daniel E. Homer, in order to complete the administration of the estate of Shirley L. Homer. The coroner has been doing his duty of maintaining possession of the property pending appointment of an estate administrator. He advised me that there was a claim of $70,000 by you against Daniel E. Homer. Please confirm or comment on the above statements. Please be so kind as to call me immediately or through an attorney, with whom I recommend you consult. Your cooperation would be appreciated. Sincerely yours, John H. Broujos /js JOHN H. BROUJOS HUBERT X. GILROY BROUJOS & GILROY, P.c. ATTORNEYS AT LAW 717-243-4574 4 NORTH HANOVER STREET 717-766-1690 CARLISLE, PENNSYLVANIA 17013 FAX: 243-8227 E-MAIL: brgilroypc@aol.com t~ ~ frY 'V' July 10, 2001 Millie Homer 902 Canterbury Drive Moon Township, PA 15108 Dear Millie: Thank you for taking the time to talk with me today concerning the administration of the estate of Daniel Horner. To repeat some of the information I gave you by phone and to bring you up- to-date, I will review each estate. SHIRLEY HORNER ESTATE The alternate Executor named in the will, Randal Horner, has assumed the duties of continuing the administration of Shirley's estate. In spite of the estate being in fairly bad shape, he has consented to conclude the administration. It is essential that he gain entrance to the house at 39 S. East Street in order to search for the records of the estate, such as the bank statement, checkbook, and other documents. He cannot gain entrance because the coroner's obligation is to provide access to the home only to the Administrator or Executor ofthe estate of Daniel. To the extent that Shirley's estate requires the records of Daniel, the Shirley Horner estate has an important interest in gaining access. In addition, Shirley's estate may have some claims against the real estate in the event that there are insufficient cash funds to pay remaining obligations of the estate. If necessary, the house would have to be sold under certain conditions, such as satisfaction of a lien by the state for inheritance tax payment. Transfer of the property was made to three parties. I had advised Daniel that he should not convey the property to himself by deed until the estate is settled and debts paid. He disregarded this advice and proceeded to prepare and record a deed to himself. If the transfer of the house from the estate as Executor to himself as the beneficiary is upheld, the property nevertheless may be subject to the lien for unpaid estate administration I mentioned above. So long as the estate has a claim against the property, the estate is not concerned with the subsequent transfers of the same tract to other parties, since they have notice in the Courthouse of the incomplete estate administration and taxes due. I have been advised that Daniel attempted to use the property as collateral for a loan by attempting to convey the property to Karen Snyder, in which she advises me she refused to cooperate. DANIEL HORNER EST ATE It is absolutely essential that the appointment of an Administrator be accomplished as soon as possible in order to gain entry into the house and for the administration of Daniel's estate. From my standpoint, I am attempting to find someone who will step in as an administrator of the estate solely for the purpose of completing the administration of Shirley's estate. I understand you have a will of Daniel's that names you as Executor and also as a beneficiary. I understand that you have been advised by your counsel that you do not have an interest as a beneficiary of the estate; you may still be eligible for filing as the Administrator of the estate. You indicated you are not interested in being the Executor; consequently, his heirs or persons representing his heirs, such as the children, should seek to have an Administrator appointed for the purpose of settling these outstanding matters discussed in this letter. I am aware of no assets other than the home and I am making no representations as to the status of the home and the legality of any conveyances. I appreciated your statement of concern for getting someone to open up the estate. The will would have to be filed at time of an application for Letters of Administration. The person selected to apply for Letters of Administration would meet with you in the courthouse if you decide to come in so that the matter could be resolved. I asked an attorney ifhe would help in this case. He is honest and fair and competent. I advised him of the complexity of the estate and the lack of significant assets. His name is James K. Jones, 7 Irvine Row, Carlisle, P A 17013; phone 240-0296; fax 240-0066. I strongly urge your assistance in expediting the administration. If you do not want to be executor, and Karen agrees to be administrator, you can sign the enclosed Renunciation and consent as guardian of Matthew. Either one or both. Karen Snyder had mentioned that you were appointed as court guardian. In that capacity, the court would want you to disclaim any interest in being an administrator. I am not concerned about the conflict you mentioned, since apparently the deed of Daniel was not delivered to Karen; she said she did not go along with his attempt to have her use the property as collateral; she has agreed to help out; and I would tell Karen to renounce any interest in the property, since she is not in the will apparently and is not a beneficiary as an heir. Frankly, there seems to be no one with a clean slate in this matter; and we must move with someone who will move. Whatever interest there is in the children will be protected by the Court, I assure you. Please send (or bring, since you indicated you may come in to town) a certified copy of the order appointing you as guardian of Matthew. In the meantime, please contact your local attorney for counsel on all of these matters. We can use all the legal help we can get. Your cooperation would be appreciated so that we can access the house for the sole purpose of retrieving documents of the estate. Sincerely yours, John H. Broujos Ijs FORM B6F (10/89) In ra HORNER, DANIEL E. Case No. Debtor (If known) j\' SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS State the name, mailing address, including zip code, and account number, if any, of all entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. Do not include claims listed in schedules 0 and E. If all creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether husband, wife, both of them, or the marital community may be liable on each claim by placing an "H,' oW,' "J,' or 'C" in the column labeled "Husband, Wife, Joint or Community." If the claim is contingent, place an 'X' in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled 'Unliquidated." If the claim is disputed, place an 'X' in the column labeled "Disputed.' (You may need to place an 'X' in more than one of these three columns.) Report total of all claims listed on this schedule in the box labeled "Total' on the last sheet of the completed schedule. Report this total also on the Summary of Schedules. o Check this box if debtor has no creditors holding unsecured nonpriority claims to report on this Schedule F. z 0 a:: ~~ DATE CLAIM WAS INCURRED !Z L.U 0 'Z '< 0 CREDITOR'S NAME AND S ....::l I..oJ ..... \:::1 AND CONSIDERATION FOR CLAIM, ~ 0 5 AMOUNT MAILING ADDRESS ....... =-'::1 Z 5 0 00 IF CLAIM IS SUBJECT TO ~ 0 a.. OF CLAIM INCLUDING ZIP CODE 0 ~5 (f1 SETOFF, SO STATE :::0 is (.) 0 z (J ~ ::> :I: NO. CREDIT CARD ACCOUNT 5615.52 372839393285003 DEBT AMERICAN EXPRESS 8/2000 PO BOX 297812 FT LAUDERDALE, FL 33329 Setoff Amount 0.00 NO. CREDIT CARD ACCOUNT 3365.91 4427110003066242 DEBT BANK OF AMERICA 5/2000 PO BOX 2493 NORFOLK, VA 23501 Setoff Amount 0.00 NO. OUTSTANDING DEBT 338.5(J 400208-70 OWED TO AMBULANCE CARLISLE COMMUNITY 5/2000 AMBULANCE PO BOX 496 CARLISLE, PA 17013 Setoff Amount 0.00 "NO. OUTSTANDING MEDICAL 91 .OC 1878875 BILL DEBT CARLISLE HOSPITAL 7/2000 246 PARKER STREET CARLISLE, PA 17013 . . . Setoff Amount 0.00 ----3.. continuation lIheetII attaclhe9 Subkal . 9410.9~ Total $ C 1991 WEST PUBUSHING COMPANY (Report total aI80 on 8urruMIy of~) FORM B6F - Cant (to/89) In ra HORNER, DANIEL E. Debtor Cue No. (If known) ~- SCHEDULE F - CREDITORS HOLDING UNSECURED NON PRIORITY CLAIMS (Continuation Sheet) - z~ QQ I- 0 a:: w 0 tiE DATE CLAIM WAS INCURRED z ~ 0 CREDITOR'S NAME AND I- w W CD ii_5 AND CONSIDERATION FOR CLAIM, <.:> I- AMOUNT MAILING ADDRESS w z 5 ::J 0 Cl::e IF CLAIM IS SUBJECT TO i= 0... OF CLAIM INCLUDING ZIP CODE Z::e 0 (/) 0 z :::; u 050 SETOFF, SO STATE 0 is VlU u z ~o::: ::J IO ACCOUNT NO. 4305871109044857 CREDIT CARD ACCOUNT 5289.9C DEBT CHASE MANHATTAN BANK 2/2000 PO BOX 2229 MATTESON, IL 60433 Setoff Amount 0.00 ACCOUNT NO. 5424180138649295 CREDIT CARD ACCOUNT 8633.2i DEBT CITICORP CREDIT SERVICE 4/2000 PO BOX 91600 ALBUQUERQUE, NM 87199 Setoff Amount 0.00 ACCOUNT NO. 6011002670286822 CREDIT CARD ACCOUNT 8030.53 DEBT DISCOVER FINANCIAL 4/2000 SERVICES PO BOX 3008 NEW ALBANY, OH 43054 Setoff Amount 0.00 ACCOUNT NO. 8255909391311591 OUTSTANDING UTILITY 172.6~ BILL DEBT DISH NETWORK 9/2000 DEPT 0063 PALATINE, IL 60055 Setoff Amount 0.00 ACCOUNT NO. 411631665 CONSUMER DEBT 131.82 FRANKLIN MINT 4/2000 MAIL DROP 2504 FRANKLIN CENTER, PA 19093-2504 Setoff Amount 0.00 Sheet no. ~ of -.J.. sheets attached to Schedule of CreclItonI Subtotal (T otaJ $ 22258.lE _ of this pege) - T otaJ Holding UlllI8CUred Nonprlorlty Claims (Use only on Iut P8Q8 of the oompleted Schedule F) $ o 1891 WEST PUBU8HINO COMPANY (Report total also on Summary of Schedulee) FORM B6F . Coot (ibI89) In re HORNER, DANIEL E. Debtor Case No. (If known) ~- SCHEDULE F - CREDITORS HOLDING UNSECURED NON PRIORITY CLAIMS (Continuation Sheet) . z~ Cl a::: Q~ I- W 0 ~E DATE CLAIM WAS INCURRED z ~ Cl CREDITOR'S NAME AND I- w w a:l ~.S AND CONSIDERATION FOR CLAIM, ~ I- AMOUNT MAILING ADDRESS w z 5 :::> Cl Cl~ IF CLAIM IS SUBJECT TO ;::: 0- OF CLAIM INCLUDING ZIP CODE z~ 0 U'l 0 Z :::; u ffis SETOFF, SO STATE 0 Ci u Z :;:)0::: :::> :I: 0 ACCOUNT NO. 5490991464594346 CREDIT CARD ACCOUNT 9042.00 DEBT MBNA AMERICA 4/2000 PO BOX 15137 WILMINGTON, DE 19886 Setoff Amount 0.00 ACCOUNT NO. 1410 OUTSTANDING MEDICAL 150.00 BILL DEBT P.A.C.P. 9/2000 20 ERFORD ROAD SUITE 101 LEMOYNE, PA 17043 Setoff Amount 0.00 ACCOUNT NO. 400208/70 CARLISLE COMMUNITY 338.5C AMBULANCE COLLECTIONS PATIENT ACCOUNTING SVCS 5/2000 P.O. BOX 100 CARLISLE, PA 17013 Setoff Amount 0.00 ACCOUNT NO. 23110070770 THRIFTY CREDIT SERVICE 7452.6~ PENTAGON FEDERAL CREDIT 6/2000 UNION PO BOX 1432 ALEXANDRIA, VA 22313 Setoff Amount 0.00 ACCOUNT NO. 4071540010247477 CREDIT CARD ACCOUNT 5410.71 DEBT PENTAGON FEDERAL CREDIT 1/2000 UNION PO BOX 456 ALEXANDRIA, VA 22313 Setoff Amount 0.00 Sheet 00. --2- of ~ aheela attallhed to Schedule of Creditors SUbtotal (Total $ 22393.85 of thl. page) . Total $ HOlding Unsecured Nonprlorlty Claim. (Use only on lest page of the oompleted Schedule F) 01991 WEST PUBUSHING COMPANY (Report tDtaI aIeo on SUmnwy of 8chedu") FORM B6F - ~<<Il (10/89) In re HORNER, DANIEL E. Debtor Cue No. (If known) SCHEDULE F - CREDITORS HOLDING UNSECURED NON PRIORITY CLAIMS (Continuation Sheet) !Z~ a Q~ .- Cl::: DATE CLAIM WAS INCURRED z w a CREDITOR'S NAME AND 0 t'!E w !;;( W I- AND CONSIDERATION FOR CLAIM, (:) a I- AMOUNT CD 3E.~ z 5 :::> MAILING ADDRESS w a Cl::::E IF CLAIM IS SUBJECT TO i= 0 CL OF CLAIM INCLUDING ZIP CODE 0 Z::::E Z l.Il U Qljo SETOFF, SO STATE 0 :::::i C5 (/)0 u Z =>0::: :::> :1:0 ACCOUNT NO. 4450256382220 CREDIT CARD ACCOUNT 5545.5E DEBT SEARS 7/2000 PO BOX 555 COLUMBUS, OH 43216 Setoff Amount 0.00 ACCOUNT NO. 01100190449448 OUTPATIENT MEDICAL 90.00 SERVICES UPMCS COMMUNITY MEDICINE 7/2000 PO BOX 382046 PITTSBURGH, P A15250 Setoff Amount 0.00 ACCOUNT NO. ACCOUNT NO. ACCOUNT NO. Subtotal (rotal $ 5635.5 Sheet no. ---.l.. of ---.l.. sheelll attached to Schedule of Credltonl _ of thIs page) Holding Ul1lI8CUred Nonprlorlly Claims - Total $ 59698.5C (UIe only on Iut page of the complel8d Schedule F) C 1981 WEST PUBUSHIN(i COMPANY (Report total aI80 on SumlMfY of 8chedulee) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 REV-1547 EX AFP (06-05) DATE 03-24-2008 ESTATE OF HORNER DANIEL E DATE OF DEATH 06-12-2001 FILE NUMBER 21 01-0839 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 05-23-2008 ( See reverse side under Objections) Amount Remittedl l MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS +- ------------------------------------------------------------------------------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF HORNER DANIEL E FILE NO. 21 01-0839 ACN 101 DATE 03-24-2008 ~' JAMES D FLOWER JR SAIDIS ETAL 26 W HIGH ST CARLISLE PA 17013 TAX RETURN WAS: (X) ACCEPTED AS FI LED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. 10. 1l. 12. 13. 14. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) Debts/Mortgage Liabilities/Liens (Schedule I) Total Deductions Net Value of Tax Return ) CHANGED 0) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 514.00 .00 .00 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. (8) 514.00 (9) CIO) 5,113.36 62.798.89 (11 ) (12) CI3) CI4) 67.91??"i 67,398.25- . 00 67,398.25- Net Value of Estate Subject to Tax Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) If an assessment was issued preViously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate NOTE: 19. Principal Tax Due TAX CREDITS: PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PAID (-) * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIDNAL INTEREST. CIS) CI6) ( 17) OB) .00 X .00 X .00 X .00 X .00 .00 .00 .00 .00 00 045 = 12 15 CI9) AMOUNT PAID TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE ~oo .00 .00 .00 ( IF TDTAL DUE IS LESS THAN $I, NO PAYMENT IS REQUIRED. '-\~ IF TDTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUI\... A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) Cumberland County - Register Of Wills One Courthouse Square Car1_isle, PA 7_'7013 Phone:(717) X40-6345 Date: 5/14/2008 FLOWER JAMES D JR 26 W HIGH STREET CARLISLE, PA 17013-2922 RE: Estate of HORNER DANIEL E File Number: 2001-00839 Dear Sir/Madam: r~ '7 r~ ~ -, r;-~ ._ _ ~. r-- : , . ,-, ~ _r~ _ ' `_~ .__~ _ ,-, '~ -; -, --, ~ _ ~ - ; ' } " ^ { ~1 • - i C.PI This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.:12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COUR'C ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shill file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/12/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. S'ncerely, ~. ,,,~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF COUNTY, PENNSYLVANIA Name of Decedent: DANIEL E. HORNER Date of Death: 06/12/2001 File Number: 21-01- ~?~q Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ^ Yes ~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 30 days 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^ Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^ Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date June 19, 2008 ,~ ~."c _ _ ~~I ,~, ~ J !~1~'1 .l ._ ~ t i~..,V 9~ ~~: `~~ G E `-' ~~` ~~~r -\ s ~ ~ -~~ ~ Si ature of Person Fi ing t Form ,~ ~.~--' Capacity: Personal Representative Counsel .; ' James D. Flower, Jr., Esquire Name of Person Filing this Form Saidis, Flower & Lindsay Address 26 West High Street, Carlisle, PA 17013 717-243-6222 Telephone Form ~W-In-Yev! /A.T3.I76` Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: DANIEL E. HORNER Cate of Death: 06/ 12/2001 File Number: 21-01-~ ~~ Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ®Yes ®No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ~ Yes ®No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ~ Yes ~ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date July 23, 2008 N 4 C _ ~ ~ _ -~~ t-.. .~,, _:_ 4~ t rt _ _ cv ~u ~ . . ~ u z ~ CL r +~ =~ v ~~ Form RW-l0 rev. 10.13.06 S gnature of Person Filing this Form Capacity: Personal Representative Counsel James D. Flower, Jr., Esquire Name of Person Filing this Form Saidis, Flower & Lindsay Address 26 West High Street, Carlisle, PA 17013 717-243-6222 Telephone ~~