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HomeMy WebLinkAbout01-14-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Walter Russel Hoerner, Jr. Deceased ESTATE NO. 21- ~ I - Oa a/k/a: W. Russel Hoerner, Jr. a/k/a: a/k/a: SS NO: 201-18-8757 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: r .., e =, L}~A. Probate and Grant of Letters Testamentary or ^Administration c.t.a., or d.b.n.c.t.a. (cute Part-~also~, .-~-f° and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary ;-~-o ; undel'~, ~-.~ the last Will of the above-named Decedent, dated 12/30/2010 and codicil(s) dated.-A. ` ' ~-'~ _y~i~ ~ '1'..., 1~~~ .- ~C7-~ x (State relevant circumstances, e.g. renunciation, death of executor, etc.) ~) ~ _ ~_ `-- Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted afte~~cution alahe ~- ~' instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated p~t'Son, and wa'~tot a``~ party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as t~fined in 23 Pa. C.S.A. § 3323(8): ^ B. Grant of Letters of Administration (u appbcable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (If Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:- Name Address Relationshi to Decedent IJSE ADDITIONAL SHEETS IF NEC.'ESSARl' THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland Coin Pe~tseyl ~ ia, wit his/her l~t fatl~{~y o, pr~~i~ja~e~~~,g At 5225 Wilson Lane, Bethany Village, #5'9, es, er en 1"~~' (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 89 years of age, died 1/8/2011 at Mechanicsburg, PA Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA _If not domiciled in PA -Value of Real Estate in Pennsylvania (Month, Day, Year of death) (City and State where death occurred) Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) Total Estimated Value $ ~ cann nnl^~{7$ Name(s) & Mailine Address(es) Cheryl,~Stecher, 5004 Pellingham Circle, )moo a, rnt.,rim l'inrm DlI7_l17 .u..:..e.l 17 1L l Il L.. l~...YL__t_~,t ~_.._.__ _ __ ~~ _ . • . ., .. All personal property $ 3, 900, 000 Personal property in Pennsylvania $ Personal property in County $ $ n ,..,..., .~.~~.,~ ~y ..,u„wc,la„u wwuy pcnumg acnon oy me court Page 1 oft OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Petitioner(s) will well and truly administer the estate according to law. Decedent ~ _ _ , ~O ~~ Sworn to or affirmed and subscribed s ,, / t AtJY~ ~l ~/ L/ ~ . a ~~ CJ da of efore me this ~~ :~~~'~ ~" ~ ~' ~ ~ ~.. l/ ~ ~ .. .~ -' 4 J ~.»i _ _ For the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of V~Q~~P~ '~ ISSeI (1P,1~, J r. ,Deceased File Number: 21-~~- © ~0 AND NOW, this ~~ day of , in consideration of the Petition on the reverse side hereon, satisfactory proof having been resented before me, IT IS DECREED that Letters /Testamentary _ of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) in the above fate and that instruments(s) dated ~ ~ - 3©- ~ ~ described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. FEES: Letters ....................$ „~ Will ........................ S~ Codicil(s) .............. . (~) Short Certificates ~. ~y ( )Renunciations....... Bond ............................ Other ............................ Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL.... 28.50 ............$ a'~ 3 S~ Interim Fonn RW-02 revised 12.26.10 by Cumberland County pending action by the Court ~ I Glenda Farner Strasbau Register of Wills Signature of Counsel Required to Enter Appearance Atty's Signature ~~11~ PRINTED Name: Paula J. McDermott Supreme Court ID No.: 46664 Post & Schell, P.C. Address: 17 N. 2nd Str. , 12th Flr. Harrisburg, PA 17101 Phone Fax: 717-731-1970 717-731-1985 Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 1+10 T 0 a P 1729672 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will he forwarded to the State Vital Records Office for permppanent filing. I~ ~~ ~ ~t~~.a.>>-+ 01 Jc It l ~'~- ~ / / Local Registrar Date Issued ;_:,., ~~ ~•-~ O ~Zn -.. ~ =v ~ ~ ~ , , ~~ ~,?. i1u REY moos COMMONWEALTH OF PENNSYLVANUI • DEPARTMENT OF HEALTH • VITAL RECORDS riE / PFittr N ~ CERTIFICATE OF DEATH (See Intitrurtlons and examples on reverse) STATE FlLE tR 1. 1rnr d Oourre (Rrt nirar, roL arlbJ z er a. Sacw Sauter tlaMrr ~. Otb a DYIh (tbn11 ery, ntr) W. Russel Hoerner Male 201 - 18 - 8757 1/8/2011 s. ~0•0.W -enaa~ uetlr i undr i a oab a etn T. rtl two ar eL Prr d orw ar war. Irp ~•• ~• F baWw: Oear: 89 vrt. 12/7/1921 Hummelstown, PA ^,, ^en/aa~,tl ^~ ~Ej,,,,,,,,,~I,a„a ^ ^~,,,r_~y ea ca+n a orte ee ai, eoeo. Tap. d Doan ear-soar rbn. (x m iswuem, uM Y.n,m n.roerl s. w.e owa^rc d wetl:e d~y.1 r7 xo ^ rr 10. wa ern ban. a.ac w~..n p rat. wW aan, X I~if Cumberland Lower Allen Bethany Village "~~^^"'~'~"~) White n. o.rrd'a u.r arakebr ertl d ea D0 ewatsr 1z Wr Deraaat aw b tlw 13 IrreYrs Eacaran (SDaaA' eWr rOrtl BI+t• ~Pwat) ,e. w,atl swot Alreio4 tlrrr ArnW. 1S awwbe Stoma ro ato. Pia nnbon Wort IOM d WceY gedd etlbrb/ rb0obr U.S. roots FoewT Y / SaoadwY (o-12) CObea (1.1 er s<I wrbao4 llboiOM l~•a'i) ^ rr rb Never Married e.o.ne.r:sbew~+lsb.tl.ar/w.o,,rb.no~oe.) or.owr: pA owo.ra.m L o w e r Allen 5225 Wilson Ln X59 Atbw Rrerrca na soma Lies b a na ~I v.t aawawe t;w b Twp Cumberland T°"""P~ ,Tr ^NO IraAret tirael wibb ~~~, . , AoW L'niird ~yreexo 1& Faerfa 11rr Iti+. nlidaa, rK rlfoQ 19. wWre's Ilnr IEr4 mitt., nritr wantlrb) Violet Emma Condran 20a bbrtart's Nrna Rfw/ ~9 lob. bbmwfa ~ AoeYr I~a•I. dY / b+n awa, 01p exrrl 0 4 Pellin ham Circle Enola PA 17025 21a bWbrdGrpreon ~ ^qr~ ^~ 21b.lrY dOirpooieon plots, ery,yr0 21c. 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D+tGI'7~~ pry ~~11711 a~ ~~ vap y r ~° ~: -~-, a ~ j~n ~_ -~ f s ;, , t-~~ t ,r tTi -- ,-~ ~:3~7<.-7 t 3 C7 -i-t ,. ~~ ._ ,, _ LAST WILL AND TESTAMENT ~ _ - - OF --a r ~ .. ;-- ~, ~'~ o ~ W. RUSSEL HOERNER ~--~_ " I, W. Russel Hoemer, of Bethany Village, Skilled Care, The Oaks, 5225 Wilson Lane, #59, Mechanicsburg, Cumberland County, Pennsylvania (Township of Lower Allen), do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes be payable by the Estate or by any recipient of any property or whether imposed with regard to any property or property interest (including, without limiting the generality of the foregoing, any property or property interest in an Individual Retirement Arrangement, under the federal Internal Revenue Code) vesting in any person by operation of law, as a result of my death, separate and apart from the processes of administration of the Estate, as an expense and cost of administration of the Estate. The Executor shall not demand, or seek, reimbursement for any such tax. The term "Gross Value of the Estate," as used in this Will, is defined hereby as being the gross value of all property, as of the date of my death, which is received by the Executor, in the capacity of such office, and which shall be subject to administration by the Executor as property owned by the Estate without modification, either by reduction or by increase, of such Gross Value of the Estate with regard to: (a) the value of any property or property interest vesting in any person by operation of law, as a result of my death, separate and apart from the processes of administration of the Estate (including, without limiting the generality of the foregoing, without either reduction or increase of such Gross Value of the Estate for the value of any property or property interest in an Individual Retirement Arrangement, under the federal Internal Revenue Code), (b) any costs or expenses of administration of ~ ~~~~ Page 1 of 6 ~S; 7159331 v 1 (SEAL) W. Russel Hoemer the Estate or (c) taxes, interest or penalties, irrespective of whether such are related to any property or property interest passing under this Will or to any property or property interest vesting by operation of law, as a result of my death, separate and apart from the processes of administration of the Estate (including, without limiting the generality of the foregoing, any property or property interest in an Individual Retirement Arrangement under the Internal Revenue Code). The term "Met Value of the Estate," as used in this Will, is defined hereby as being the Gross Value of the Estate less my debts that are properly payable and, less all costs or expenses of administration of the Estate and less all taxes, interest or penalties. ITEM II: If she survives me and shall be living at the time of distribution of such bequest, I give and bequeath to MRS. CHERYL CONDRAN SKWIAT, presently of 3156 N. Briar Leaf Court, La Porte, IN, 46350 the sum of $225,000.00. ITEM III: The Net Value of the Estate shall be divided into such portions as shall be required for the following bequests: (a) I give and bequeath to Liberty University, Lynchburg, Virginia or its successors 1/6~' of the Net Value of the Estate; and (b) I give and bequeath to Lehigh University, Bethlehem, Pennsylvania or its successors 1 /6'~ of the Net Value of the Estate. It is expressly provided hereby (with regard to remaining shares of stock and mutual fund investments) that any differences between the valuation used in determining the Gross Value of the Estate as defined in ITEM I, and the amounts realized from sale of such property reflected in such Gross Value of the Estate (whether gains or losses) shall be a benefit to, or shall be borne by, the Page 2 of 6 7159331v1 ;rl.?~ (SEAL) W. Russel Hoemer foregoing legatees set forth in (a) and (b) of this ITEM III. Each legatee under this ITEM III is granted the right, within 60 to 90 days after my death, to make a written request to the attorney for the estate whether such legatee elects to receive either money, in the form of a check, or shares of the remaining specific stock and/or mutual fund investments. Such written request shall be irrevocable. Any legatee who does not survive me by 90 days shall be deemed to have predeceased me, and her share shall be distributed to the remaining legatees. ITEM IV: If she survives me and shall be living at the time of distribution of such bequest, I give and bequeath to MRS. CHERYL ENSMINGER STECHER, presently of 5004 Pellingham Circle, Enola, PA 17025, the rest, residue, and remainder of the Estate. ITEM V: Any net income of the estate, which is acquired during the period of administration and unexpended during such period, shall be distributed to each legatee, as provided in ITEMS II and IV who survives me and is living at the time of such distribution in proportion to her interest in the Estate. ITEM VI: In settling my Estate, the Executor shall possess, among others, the following powers: (a) The Executor is authorized to retain any investments I may have at my death so long as the Executor deems it advisable to the Estate so to do. (b) The Executor is aarthoiized to vary investments, when deemed desirable by the Executor, and to invest in such bonds, stocks, notes, securities or other property as the Executor deems best, without being restricted to so-called "legal Page 3 of 6 7159331v1 ~ `" C) W. Russel Hoeraer ~v~ants" and without being limited by any statute or rule of law regarding investments by fiduciaries. ITEM VII: In settlement of the Estate, the Executor shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) In order to effect a division of the principal of the Estate or for any other purpose, the Executor is authorized to make such divisions or distributions partly or wholly in kind. (b) To borrow money from any party in order to pay indebtedness of mine or of the Estate, expenses of administration or inheritance, legacy, estate and other taxes and to assign and pledge assets of the Estate therefor; (c) To pay all costs, taxes, expenses and charges in connection with administration of the Estate; (d) To vote any shares of stock which fowl a part of the Estate and otherwise to exercise all powers incident to ownership of such stock; (e) In the discretion of the Executor, to unite with other owners of similar property in carrying out any plan for reorganization of any corporation or company the securities of which form a part of the Estate; and (f) To do all other acts, deemed necessary or desirable, for proper and advantageous management, investment and distribution of the Estate. Page 4 of 6 L'`~--c--~,d~. ~~k@J)S~C_. 7159331v1 W. Russel Roemer ITEM VIII: Any person, who shall have died at the same time as Testator or in a common disaster with him or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased him. ITEM IX: I hereby nominate, constitute and appoint MRS. CHERYL ENSMINGER STECHER to be Executrix of tbe Estate (designated, for convenience, herein as "Executor"), and if, for any reason, she does not serve as Executor, I hereby nominate, constitute and appoint PNC Bank, N.A., Mechanicsburg, Pennsylvania, or its successors, to be the Executor of the Estate. The Executor is relieved of any duty or obligation to file any bond or other security. I direct the Executor to employ Michael W. Gang, Esquire, presently of 17 North Second Street, Harrisburg, Pennsylvania, as counsel for the Estate. The Executor and counsel for the Estate shall have the right to rely upon advice from my broker, G. David Bias presently of 214 Senate Avenue, Camp Hill, Pennsylvania, concerning the timing and manner of disposition of any of my investments as of the date of my death. Page 5 of 6 ~~ ) 7159331v1 U/ W. Ruse Hoerner IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this and the preceding 5 pages, at the end of each page of~which I have also set my hand and seal for greater security and better identification this ~ ~ day of December, 2010. W. Russel Hoerner (SEAL) Signed, sealed, published and declared by W. RUSSEL HOERNER, the above- named testator, as his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. g ~ Fv,cF,~eE ~~~ , ~yis~~~ee/ ~i . ~ >~3y ADDRESS `' , n Q. D ~ ~~S /N-~S.l£`~ ,L~i~. ~I~G~~l1 ~C.St~l~i 1 ~ l ~D S'S ADDRESS Page 6 of 6 7159331v1 3a~ lr)~sl~ii ,0~- ~I ec~ l~~rir~~, /~~4 ~~~55 ADDRESS (SEAL) W. Russel Hoerner NAME. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, W. RUSSEL HOERNER, the Testator whose name is assigned 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. Sworn to or affirmed and acknowledged before me by W. RUSSEL HOERNER, the Testator, this ~ y day of December, 2010. W. Russel Hoerner, Testator ~~ (SEAL) Notary Public or Attorney-at-Law COMMONWEALTH OF PENNSYLVANW NOTA R is ~l, SEAL John Rc~ . *?ntary Public LowerAlle~: ,1;i;oerlandCounty commiss,L, .;:-;:; ca March 25, 2014 7159331v1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND //We, iai-2 /-Z,/Y1Gc ~~C/C c~ ~ ~l{~6/Ylii~' ~UI~aE~11~n/J and •S Y~ t ~. • m~ S ,the witnesses whose names are signed to the attached or foregoing in nt, being y qualified according to law, do depose and say that we were present and saw the Testator, W. RUSSEL HOERNER, sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his 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. r'4-rte. ~ • ~I a ~`~C ~ ~ . WITNES ITNESS NOTARY PUBLIC My Commission Expires: C011~IlV10R^~ "' , ,-. Tp PF2iDI$YI.VAIa/1 \1~.f~. John ~3' Public Lower ~ 3nd County ~4y cor_°. ~ .~ h 25,2014 7159331x1 Sworn to and subscribed before me this ,~d~ day of ~er~M ~rr , 2010