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Home My WebLink About08-13-14 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 requests the grant of Letters in the appropriate form: Michael A Homsey DecedenYs Information Name: Kermit W.Holler File No: 21-14 —75� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 07/18/2014 Age at Death: 96 Decedent was domiciled at death in Cumberland County, pA (State)with his/her last principal residence at 2925 Maple Road,Camp Hiil 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 2925 Maple Road,Camp Hill 17011 Camp Hill Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsylvania...................... All personal property $ 102,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 170,000.00 TOTAL ESTIMATED VALUE $ 272,000.00 Real estate in Pennsylvania situated at yg25 Maple Road,Camp Hill 17011 Camp HIII Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code Ciry,Township or Borough County � A. pp*�+ion for Probate and Grant of Letters Te�tamentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 03/15/2006 and Codicil(s) thereto dated State relevant circumslances(e.g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate, Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a chrik#born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. C�� '.;.'= �-� �NO EXCEPTIONS � EXCEPTIONS �� aa� �-r r'' �'Tl—r�< : . ❑ B. PPtition for Grant of Letters of Administration (If appiicable) �i i� � 1-- �1 ��—� c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,du �b3entia.d�,yte minoF�taf�-- ��- : .__, If Administration,c.ta o�d.b.n.c.t.a.,Pnter date of Will in Section A above and comRlete list of heirs. �C"` `-- ``� Except as follows:Decedent was not a party to.pending divorce proceeding wherein the grounds for divorce had bee �iblished a�efined -T in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ��; � -�= �� NO EXCEPTIONS � EXCEPTIONS b �i — `-�Q Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)�d heirs(attach additiona/sheets,if necessary): Name Relationship Address Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberiand } Petitioner(s)Printed Name Petitioner(s)Printed Address Michael A.Homsey 1240 East Lisburn Road Mechanicsburg,PA 17055 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,Petitioner(s)will well and truly administer the estate according to law. Sworn to or ffrmed and subscribed efore �� Date g"'��°��' me this ° ay of ,�� Date gy: � 'n Date For the Register Date BOND Requiredl � YES �NO To the Register of Wills: Please enter my appearance by my signature below: FEES: /,� �� :�_., � Letters.......................................... $ � l�� Attorney Signature: � - � ( .-C�� )Short Certificate(s)......... ��•(.� '^ / x" `,i ' -', � ` ( )Renunciation(s).............. V •-t�L �r� �; c'� <;'"�_� ( )Codicil(s)........................ ° ._... �_ s-. ( )Affidavit(s)...................... Printed Name: Michael L.Bangs ��"=' W � Bond............................................. Supreme Court �C �' � �� r� - ..-- 41263 ��- °`:_ �� Commission.................................. ID Number: - Otf�er D -� .. �� 1 i �, ��"�� Firm Name: Bangs Law Office,LLC � � ,.� Address: 429 South 18th Street Camp Hill,PA 17011 Phone: 717/730-7310 Automation Fee............................ �j,-'`j� ' _ Fax: 717/730-7374 JCS Fee....................................... �-�li � — E-mail: mikebangs@verizon.net TOTAL......................................... $ � - _, DECREE OF THE REGISTER Date of Death: 07/18/2014 Social Security No: Estate of Kermit W.Holler File No: 21-14 '-�]�� a/k/a: AND NOW, �� , 1 � , in consideration of the foregoing Petition, satisfactory proof having been presented before IT IS DECREED that Letters Testamentary are hereby granted to Michael A.Homsey in the above estate and(if applicable)that the instrument(s)dated 03/15/2006 described in the Petition be admitted to probate and filed of record as the la llVill(and C dicil(s) �Decedent. � i R ister of Will �- , Copyrighl(c)2011 form software o The Lackn r roup,I ' �� Page 2 of 2 , � � t LAST WILL AND TESTAMENT P.., �-. -x, � .a.�. . "'r\ OF `—n �, {.:� , ��' � - `-� c��, �--:: _ � ,- c°� - �. � , KERMIT W. HOLLER �;`' c� �� , __.. .; , _� _,`, - ��.'_,, - --. ` _'i-i �r... =i:. . �=_, �-i/� �'J� r�--�t '�=-1 �/�� I, KERMIT W. HOLLER, of Cumberland County, Pennsylvania, dc�lare this t@; be iuy Will and revoke all prior Wills. FIRST: Tan�ible Personal Property: I give all of my tangible personal property, including any automobiles, together with all insurance on such property, in accordance with a memorandum I may leave addressed to my Executor, which memorandum need not be offered for probate. Any of my tangible personal property that is not effectively disposed of by such memorandum, together with all insurance on such property, I give to my children who survive me, to be divided among them as they shall agree. If there is no agreement, such property shall be divided among my children, in as nearly equal shares as practicable, as my Executor, in iny Executor's sole discretion, deems appropriate. My Executor shall pay, as an expense of settling my estate, the costs of packing, storage, shipping and insurance incurred in connection with the distribution of the gifts of tangible personal property made above. SECOND: Intangible Personal Propertv: Stocks, bonds, etc., not contractually designated in their respective investment accounts as Transfer on Death, I give to my daughters in ec�ual shares, per capita. Should all of my daughters predecease me, such Property shall be distributed pursuant to Paragraph FOURTH. THIRD: Real Property: I direct that as soon as reasonably convenient after my death, appraisals be obtained for and with respect to each property. Using said appraisals as guidelines, all such properties shall be sold and the funds divided equally among my three ��,�,�,.,:, :��,�, daughters per capita. Should any of my daughters desire to own a particular property she shall purchase the same at no more than the appraisal price. FOURTH: Residue: I give, devise and bequeath all of the residue of my estate, of whatever nature and wherever situated, to my daughters per capita. My children, all of whom all are now living, are: SELINDA J. HOMSEY, ONEIDA H. BEIGH, and NEDRA S. MARSHALL. Should none of my daughters survive me, I give the residue of my estate to the Trinity Evangelical Lutheran Church, Camp Hill, Pennsylvania. FIFTH: Tnlst Provisions for Certain Beneficiaries: A. Any income or principal distributable to a beneficiary who, in the sole determination of the Executor or Trustee, is incapacitated, shall be held in a trust fund by the Executor during the administration of my estate and thereafter by the Trustee. The Executor or Trustee inay apply stich amounts of the income and principal otherwise distributable as the Executor or Tnistee, in his sole discretion, deems proper for the support, health, education and welfare of such beneficiary, either by direct payment of bills, or by payments to such beneficiary, his or her duly appointed guardian of the estate or person, or any person who has the care or control of such beneficiary, as said Executor or Trustee selects. B. The Executor or Trustee shall distribute the balance of principal of any f��uid held in trust hereunder to such beneficiary when the beneficiary, in the sole detennination of the Executor or Trustee, is no longer incapacitated. If such beneficiary dies while incapacitated, distribution shall be made pursuant to paragraph FOURTH. C. Whenever, in the sole determination of the Executor or Trustee, any fund held in trust under this Article FIFTH is or has becoine too small to warrant establishing or continuing such fund in tnist, or its administration is or becomes impractical for any other I 06093.I 3B/OG -2- reason, the Executor or Trustee, in the Executor or Trustee's sole discretion, may pay such fund, outright, to the guardian of the estate or person of the beneficiary of such fund, or to any person who has the care or control of such beneficiary. D. The Executor or Trustee shall not be obliged to supervise or inquire into the application of any distributions of income or principal made under this article and the receipt by a payee designated hereunder shall be a complete release of the Executor or Trustee. SIXTH: Protective Provision: All principal and income shall, until actual distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and shall not be liable to any levy, attachment, execution or sequestration while in tl�e hands of my Executor or Trustee. SEVENTH: Tax Clause: All estate, inheritance, succession and other death taxes, imposed or payable by reason of my death, and any penalties thereon, with respect to all property owned by me at the time of my death and passing under this Will or any Codicil (the "Taxes"), shall be paid out of the principal of my residuary estate, as if the Taxes were administration expenses, without apportionment or right of reimbursement. The Taxes shall be paid at such time or times as my Executor may deem advisable. EIGHTH: Powers of Executor and Trustee: In addition to the powers given by law, my Executor and Trustee, and any successors, without any order of court and in the sole discretion of the Executor and Trustee, may: a. Retain any real or personal property, as long as deemed advisable. b. Invest in any real or personal property in accordance with the prudent investor rule. c. Subscribe for stocks, bonds or other investments;join in any plan of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting trust and deposit securities thereunder; and generally exercise all the rights of security holders ar employees of any corporation. 106093.I 3/8/06 -3- . � d. Register securities in the name of a nominee or in such manner that title will pass by delivery. e. Vote securities in person or by proxy, and in such connection delegate discretionary powers. £ Repair, alter, improve or lease, for any period of time,�any real or personal property, and give options for leases. g. Sell at public or private sale, far cash or credit, with or without security, exchange or partition any real or personal property, and give options for sales or exchanges. h. Borrow money from any person, including any fiduciary, and mortgage or pledge any real or personal property. i. Disclaim any interest or power granted to me under any instrument or by operation of law. j. Employ investment and legal counsel, accountants, brokers and � other specialists, and, whenever there shall be no corporate fiduciary in office, a corporate custodian, and compensate them and reimburse their expenses out of income or principal or both (in addition to fiduciary commissions), and delegate to investment counsel (including an accotmt executive at a securities firm) discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. k. Pay administration expenses, including, without limitation, interest on death taxes ("administration expenses") from principal or income, including income otherwise payable to charity; provided, however, that no allocation of administration expenses to income shall be made that would prevent any assets from otherwise qualifying for the federal estate tax charitable deduction. 1. Use administration expenses as deductions for federal estate tax purposes or fiduciary income tax purposes or partly for each, without making adjustments between principal and income in consequence of the exercise of such discretionary power. m. Compromise claims. n. Divide any trust hereunder, which division may be made on a non- pro rata basis, into two or more separate and independent trusts and make any principal distributions otherwise authorized hereunder from the trusts on a non-pro rata basis. o. Add to the principal of any trust created hereby any property received from any person by Deed, Will or in any other manner. p. At any time merge any trust hereunder with any other trust held by my Executor and Trustee, whether created by me or by any other person by Will or Deed, I 06093.1 3/8/06 -4- if the terms of the trust are then substantially similar and held for the primary benefit of the same person or persons. q. Make distributions without the consent of any beneficiary, in cash or in specific property, real or personal, or an undivided interest therein, or partly in cash and partly in such property and do so, except as otherwise specifically provided elsewhere herein, without regard to the income tax basis of specific property allocated to any beneficiary(including any trust) and without making pro rata distribution of specific assets. r. Allocate basis pursuant to Section 1022 of the Internal Revenue Code of 1986, as amended, or successor provisions (the "Code"); provided, however, that such allocation shall be made in a fair and equitable manner among the beneficiaries of my estate, as my Executor, in my Executor's sole discretion, shall determine. s. Exercise all power, authority and discretion given hereby, after the tennination of any trust created herein until the same is fully distributed. t. Fund or divide any trust or trust share hereunder at any time into two separate trusts or shares in order that the federal generation-skipping transfer tax ("GST") inclusion ratio for each trust or share shall be either 0 or 1, and exercise any discretionary powers over principal or income against either one or the other or both of the two tnists or shares in such manner as, in the opinion of the Trustee, will lessen federal transfer taxes. u. Give any beneficiary of any trust or trust share hereunder, at any time prior to the death of such beneficiary, a testamentary general power of appointment, as defined in Section 2041(b) of the Code, over all or any portion of any trust or share established hereunder for benefit of such beneficiary if the possession of such power by said beneficiary, in the opinion of the Trustee other than such beneficiary, would lessen federal transfer taxes and be in the best interests of the beneficiary. The Trustee may give a beneficiary such general power by a written notification to such beneficiary of such award, which shall contain such information as to the scope of the general power and the method of its exercise as the Trustee other than such beneficiary shall deem appropriate. The effective exercise of such power, to the extent of such exercise, shall be deemed to control the disposition of the appointed property. v. To the extent possible, satisfy any distribution hereunder which qualifies for the special generation assignment rule of Section 2651(e) of the Code from GST non-exempt assets and divide any trust hereunder for multiple beneficiaries into separate trusts for one or mare of said beneficiaries in such a manner that certain distributions from one or more of such trusts will thereby be protected from GST by the special generation assignment rule and make such equitable adjustments in the continuing interests of the other beneficiaries in the remaining trust share or shares as the Tnistee shall deem appropriate. 106093.I 3/8/06 -5- , .� w. Make distributions for the benefit of skip persons (as defined in Section 2613(a) of the Code) to which they are otherwise entitled hereunder for medical and tuition expenses directly to the provider of the services and from assets which are not GST exempt, if any. x. Satisfy any transfer which would otherwise be deemed a taxable termination, a taxable distribution or a direct skip, for generation-skipping transfer tax purposes, out of the principal of such trust share or shares created hereunder which are GST exempt, and satisfy any distributions which would not be deemed a taxable termination, a taxable distribution or a direct skip, for generation-skipping transfer tax purposes, out of the principal of such trust share or shares created hereunder which are not GST exempt. In addition, the Trustee, in the Trustee's sole discretion, may fund one or more of such trust shares created hereunder for one or more beneficiaries with disproportionate amounts of GST exempt or GST non-exempt property. Such equitable adjustments in the continuing interests of the other beneficiaries in the remaining trust share or shares shall be made under such circumstances as the Trustee shall deem appropriate. y. Allocate any of my federal exemption from GST, as provided in Section 2631 of the Code, available at the time of my death to any property as to which I am the transferor under the provisions of Section 2652(a) of the Code, including any property transferred by me during my life, and to elect out of any deemed allocation or revoke any prior election out. My Executor and Trustee may make, but shall not be required to make, any adjustment of the amount distributed to any beneficiary who would have received a greater or lesser amount if my Executor or Trustee had made a different or contrary decision in reference to any of the above matters. I exonerate my Executor and Trustee from any liability arising from any exercise or failure to exercise these powers, provided their actions (or inactions) are taken in good faith. For purposes of interpretation of this document, with respect to a gift to any descendant of mine, any condition of survivorship shall be construed to mean survival by 90 days, and if any such descendant of mine shall fail to survive me by 90 days, such descendant of iYline shall be deemed to have predeceased me. 106093-I 3/8/06 -6- , . �. NINTH: Appointment of Fiduciaries: I appoint my son-in-law, MICHAEL A. HOMSEY, Executor and Trustee under this Will. Should my son-in-law, MICHAEL A. HOMSEY, for any reason, fail to qualify or cease to act as such during the administration of my estate, I appoint my grandson, Steven S. Schaffer, Executor and Trustee under this Will. No Executor or Trustee appointed herein shall be required to give bond or furnish sureties in any jurisdiction. Each successor Executar and Trustee appointed as provided herein shall have the same duties, powers and discretion as if originally appointed. IN WITNESS WHEREOF, I have hereunto set my hand and seal thisl��Qday of March, 2006. / �'' �/ J,/�-`` —=, (SEAL) I ��LLER SIGNED, SEALED, PUBLISHED and DECLARED by the above named KERMIT W. HOLLER as and for his last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witne s. � � ��R �� .. WITNESS ADDRE ,,�. � {�,�..ri.,s��'�-�-- , P� WITNESS ADDRESS 106093.I 3/8/06 �7 -/- .� - • 4 COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF ��.:.:�EZ��.?;l. : We, KERMIT W. HOLLER, the testator, and ��.�� -�. ��{�� _. and � -�'�� (r < ``'i�'�� , the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will and that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of the witnesses' knowledge the testator was at that time over eighteen years of age, of sound mind and under no constraint or undue influence. � � „ �� ;��,�� '�. tC- _ ,,� W. HULZER �� Witness � ��,. „ Witness Subscribed, sworn to and acknowledged before me by KERMIT W. HOLLER, the testator, and subscribed and sworn to before me by .��f� L. �i,�t�(�1E'� and (�e��r��: 17"I. �C`��` , the witnesses, this � ay of March, 2006. � - . � ' ` - � ' ��. ; . . . __ � Notary Pub c COMNiOPIWEAL7hi 0��-'E�1�15YLVA�IIA Notarial Seal� Kathy L.Sitler,Notary Public City Of Hartisburg,Dauphin County �qy Commission Expires Mar.23,2008 ioeo�3 i 3isroe Member,PennsyEv�nfa�,s.�nc�'<'r=�;r:Of Notaries -g- .�.,_ _ , ..,�. REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA �� No. 2014- 00755 PA No. 21- 14- 0755 Es ta te Of: KERMIT W HOLLER fFiist,Midd/e,LasU La te Of: CAMP HILL BOROUGH CUMBERLAND COUNTY Deceased Social Securi ty No: WHEREAS, on the 13th day of August 20I4 an instrument dated March 15th 2006 was admitted to probate as the last will of KERM/T W HOLLER /fr�st,Middle,Lastl late of CAMPH/LL BOROUGH, CUMBERLAND County, who died on the ISth day of July 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: MICHAEL A HOMSEY who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of August 2014. `//.� � (� /� �_�' i �;'}f �/ , �. _�'l.. .A .� �`.-�'�� r_'�� ! � , Re istei f Wills + �� 'f � �) r�� Lr � � �� .� tJj�l � l � Deputy �;` / i �- **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)