HomeMy WebLinkAbout12-04-13 � r�esez
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: Jane H.Hornberger File No: al- b - l a,1 4
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: Age at death: 92
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at?4837 E. Trindle road,Mechanicsburg 17055 Mechanicsburg Cumberland
"-Street addressa Post Office and Zip Code City,Township or Borough. County
CD
Decedent died at Cdu—ntry Meadows:4837 E. Trindle Road Mechanicsburg Cumberland PA
l� Street address,.Posf Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's Fropertyrtat death:
If domiciled'ih Pennsylvania.`.-U.-! . ... .. . . . .... .. . . .. . . All personal property $ 195,000.00
If not domiciled in Pennsylvania 7. . . ... ... ........ .. . .. Personal property in Pennsylvania $
If not domiciled in Pennsylvania!... . . . ...... . . . .... .. . ...Personal property in County $
Value df real-estate in Pennsylvania a..... . . . . .. . . . . .. .. . .... . . ............. ... . . . .. . . .... .. . . $
rr- j -i TOTAL ESTIMATED VALUE. . .. $ 195,000.00
Real estate in Pennsylvan a situated at: None
(Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated March 11, 1993 and Codicil(s)
thereto dated None
State relevant circumstances(e.g.renunciation,death of executor,etc) r�
C) C__) �1
w ;�o rrt
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,wa 224),otZbivorced,�ra�s not a y to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § d dWmot l�e hild born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. --i C)
NO EXCEPTIONS (D EXCEPTIONS = rrt
C> C
B. Petition for Grant of Letters of Administration (If applicable) " � c -p x 3
c.t.a.,d.b.n., d.b.n.c.t.a.,pendente li 6ra'6 albs tia,ditraq-te minoritate
}.__.
If Administration,c.t.a. or db.n.c.t.a.,enter date of Will in Section A above an!L-complete list of hg�s,
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had On established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
0 NO EXCEPTIONS Q EXCEPTIONS
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(attach
additional sheets, if necessary):
Name Relationship Address
Form RW--02 rev.10/11/2011 Page 1 of 2
Oath of Personal Representative Official Use only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Richard L.Homber er 1149 North Union Street Middletown PA 17057
The Petitioner(s)above-named swear(s)or affirm(s)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 Decedent,the Petitioner(s)will ,lf and truly administer the estate according to law.
Sworn to or affirmed and subscribed before �� le r 'r� ` / 3
me this l4fh day f oixeMI�PX ,a2O15, C ® Tempe. _ cc,
By Al CUl° M Vndv)'� �
For the Register Z f Date rn
BOND Required: 0 YES (F) NO To the Register of Wills: Gr -3 -
FEES: Please enter my appearance by ,nFy s gnature}below ri-i
Letters . . . . . . . . . . . . . . . . . . . . . . $ ;ku& Attorney Signature: ,
( � ) Short Certificate(s). . . . . . tJ
( )Renunciation(s).. . . . . . . .
( ) Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Michael Cherewka,Esquire
Commission. . . . . . . . . . . . . . . . . . Supreme Court
OtherWl i . . . . . . . . +`J ID Number: 35073
n h t5 Firm Name: Law Offices of Michael Cherewka
Address: 624 North Front Street
Wormleyshurg,PA 17043
r,1 —tcC
rr' r+` cT� , �.� Phone: 717-232-4701
Automation"17 e` . . . . . .'.r .C?. rJ. Fax: 717-232-4774
JCS Fee. .r, �. . . . . .r. ��J �JU Email: mcherewka�herewkalaw.com
TOTAL. A'44. . . . . . . . .US 36:5.
DECREE OF THE REGISTER
Estate of Jane H.Hornberaer File No: oft—13^ 4
a/k/a:
AND NOW, Dffcmbtn r 4 13 , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Richard L.Hornberger
in the above estate and(if applicable)that
the instrument(s)dated March 11, 1993
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
M I
Register of wills nj,r �n
Form RW-oz rev.1011112011 `U'►l Page 2 of 2
H105.805 REV(9/11)
RECORDED OFFICE OF
REGISTER OF '11*!ILLS
H13 DEC 9 19n II 16
LAST WILL AND TESTAMENT
CLERK OF
ORPHANS' COURT OF
CUMBERLAND CC., t"A JANE H. HORNBERGER
I, JANE H. HORNBERGER, social security Number of the
state of Pennsylvania, declare that this is my LAST WILL AND TESTAMENT
and I revoke all other wills and codicils previously made by me.
FIRST: I appoint my Husband, GEORGE E. HORNBERGER, as my Personal
Representative concerning this Will. If he is unable or fails to
serve, I then appoint my son, RICHARD L. HORNBERGER, to serve as my
Personal Representative.
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave) , and written charitable pledges which I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. my
Personal Representative may pay such taxes at any time deemed
advisable, whether or not then due and payable.
d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to pay or
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters.
PAGE 1
OF 4 PAGES
e. My husband has served in the Armed Forces of the United
States. Therefore, I direct my Personal Representative to consult with
a Legal Assistance Attorney at the nearest military installation and
with the Department of Veterans Affairs and the Social Security
Administration to ascertain if there are any benefits to which my
family members are entitled by virtue of his military service.
f. I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my Husband,
GEORGE E. HORNBERGER, as his sole and absolute property if he shall
survive me.
i
THIRD: In the event that my Husband, GEORGE E. HORNBERGER shall
not survive me, I give, devise and bequeath, absolutely and forever,
all of my estate and property of which I may be seized or possessed, or
to which I may be entitled, at the time of my death, wherever situated
or of whatever nature, be it real, personal, or mixed, to to my
daughter, JEAN M. MILLER, to my daughter, JANIS L. DARON, to
my daughter, JULIE MCKINSEY, to my son, RICHARD L. HORNBERGER, and to
my son, STEVEN E. HORNBERGER, and to any child or children that have
been or may be born to or adopted by me, in shares of substantially
equal value to be divided as they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
children and the descendants of any of my other children who fail to
survive me, in the manner set forth above.
b. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell I
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
PAGE I
OF 4 PAGES
FOURTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
FIFTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
SIXTH: Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this Will shall
also include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
d. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
SEVENTH: In addition to any powers granted by the laws of the
state in which this Will is probated, I hereby authorize and empower
the fiduciaries named in this Will, to the extent of the discretion
herein granted, to sell, exchange, convey, transfer, assign, mortgage,
pledge, lease or rent the whole or any part of my real or personal
estate, to invest, reinvest, or retain investments of my estate, to
perform all acts and to execute all documents which my fiduciaries may
deem necessary or proper in regard to my property. If any of my
fiduciaries elect to receive compensation for services, such
compensation will be that allowed by law.
PAGE 3
OF 4 PAGES
EIGHTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at � ,y- pk� �� (�� ,,�,,K ,
this day of A-rx 19 , set my hand and seal to
this my LAST WILL AND TESTAMENT, consisting of 4 typewritten pages,
each page bearing my handwritten signature.
This document was prepared under the authority of 10 U.S.C,
section 1/044, and implementing military regulations and instructions,
by 1,•mot c T��[ L . �T ��,, , who is licensed to practice law in
wa.s U .mot
, rte lei (SEAL)
JANS H. HORNBERGER
The foregoing instrument was, at
this t1 day of �,,� , 19 Qom_, signed, sealed, published
and declared by JANE H. HORNBERGER, the testatrix, to be her LAST WILL
AND TESTAMENT in the presence of all of us at one time, and at the same
time we, at her request and in her presence and in the presence of each
other, have hereunto subscribed our names as attesting witnesses, and
we do so verily believe that the said testatrix is of sound and
disposing mind and memory at the date hereof.
�vT�Y � . v�k�'M �l°-✓#-��( C..QC.c1 /''�``1 rPS r� �, �
Soc.Sec.No. Soc.Sec.No. Soc.Sec.No.
OF ror 9,4ck, ►) OF _ 'i- R,4-e-te=e OF 4fut
PAGE 4 '` G
OF 4 PAGES
State of
County of L,70,Z�
ACKNOWLEDGMENT
I, JANE H. HORNBERGER, testatrix, 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; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
�. s �J , 7�iZm Bench, (SEAL)
JANE H. HORNBERGER
r 11 AFFIDAVIT
We "o�hy �TU� GAS , and
G U n l c,C" , the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the testatrix signed the will as a witness; and that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of
sound end no cons aint ue influence.
Witne Wi ness Witness
ubscribed, sworn to and acknowledged before me by JANE H.
HORNBERGER, the testatrix, and subscribed and sworn to before me by
A4vj C z c6 le S and
QM+P-r , the witnesses, this �� day of
ch , 19 93 .
NOTARY PUBLIg My Commission Expires: