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HomeMy WebLinkAbout10-06-14 , „ � _., �..;.._._ .� . ., ,. . ., �.,. w��. . ,. , � l -1y ��9(� 3 Commonwealth Pennsylvania SS: Lancaster County I, Mary Ann Gerber, Lancaster County Register of Wills, DO HEREBY certify that the foregoing is a true copy of the entire record of the Probate proceedings as the same now remains of record indexed to file number 2014-0984, in the Register's Office in and for the County of Lancaster aforesaid. No revocation of said Letters appears on record. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said office, at Lancaster, this 2nd day of October, 2014. /j�q/lit/ t�(/Y✓rL. -.��G/e%��'�..� Regist��r nf V'Jilis Commonwealth Pennsylvania � ��: Lancaster County I, JAY J. HOBERG, Judge of the Orphans' Court Division of the Court of Common Pleas of the County of Lancaster DO HEREBY CERTIFY, that the above named Mary Ann Gerber by whom the annexed record, certificate and attestation was made and given, and who, in his-her proper handwriting, has thereunto subscribed his-her name and affixed his-her official seal, was at the time of so doing, and now is, Register for the Probate of Wills and granting Letters of Administration, in and for the County of Lancaster, in the State of Pennsylvania, duly commissioned and qualified, to all whose acts as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper officer. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said office, at L caster, this 2nd day of October, 2014. Ju�ge Commonwealth Penns Ivania ��1 Y � SS: Lancaster County � I, Mary Ann Gerber, Clerk of the Orphans' Court of the Court of Common Pleas of the County of Lancaster, do certify, that the Honorable JAY J. HOBERG, by whom the foregoing attestation was made, and who has thereunto subscribed his name was, at the time of making thereof, and still is, Judge of the Orphans' Court Division of the Court of Common Pleas of the County of Lancaster, duly commissioned and sworn, to all those acts, as such, full faith and credit, are ought to be given, as well in Court of Judicature as elsewhere. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the s�id Court, at Lancaster, this 2nd day of October, 2014 ��� /�� � °�`� � L.�/�9/YL ��:1�` C� � lerk oi t���phans'C� �s rn � � � �.7 p `.-',y,'��. ^b �„� ---� {'.��'7 �".7 ..�.� - � F-., i., j �"+'1 ,..,, - .., �_,.. __� C7� .� C7 ._ �.� , .. :. �': , , �> � .-� _,� -r� r;4 .-,� ,� ,�,�::.t � r,.; -ti .. n :_, rv r--- rn .. -- �' a PR-25 ;�y,w _. � � � i . Register of Wills Certificate of Grant of Letters File No. 36-2014-0984 ESTATE OF MARCIA R. HUMER SEAL also known as Social Security No. 162-42-6288 WHEREAS, on the 12th day of May 2014 instrument(s) dated 04/10/2014 was (were) admitted to probate as the will of MARCIA R. HUMER late of Mountville Borough who died on the 5th day of May, 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, Mary Ann Gerber, Register of Wills in and for the County of Lancaster, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted LETTERS TESTAMENTARY to MICHELE C. EDENS who has duly qualified as EXECUTRIX of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at Lancaster, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 12th day of May, 2014. e%�a� �Grvn. Register of Wills PR-31 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF LANCASTER COUNTY, PENNSYLVANIA Petitioner(s) named below,who is/are 'f8 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: Michele C. Edens DecedenYs Information Name: Marcia R Humer File No: 36-14 -0984 �Wa: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 05/05/2014 Age at Death: 64 Decedent was domiciled at death in �ancaster County, pA (State)with his/her last principal residence at 30 S.Wainut Street,Mountville 17554 MounNille Borough Lancaster Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Hershey Medical Center,Hershey 17033 Hershey Dauphin PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: Ifdomiciled in Pennsy/vania........................ All personal property $ ���UV ,J� Ifnot domiciled in Pennsylvania................. Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania................. Personai property in County $ Va/ue of real estate in Pennsy/vania........... $ , �.Ov TOTAL ESTIMATED VALUE $ 85,000.00 Real estate in Pennsylvania situated at 13 Trine Avenue,Mt.Holly Springs 17065 Mt.Holly Springs Borough Cumberland (Attach additional sheets,'rf necessary.) Street address,Post Office and Zip Code City,Township or Borough County QX A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)that he/shetthey is/are the Executor(s)named in the Last Will of the Decedent,dated 04/10/2014 and Codicil(s) thereto dated (State relevant circumstances,e.g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not mar ,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 child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �X NO EXCEPTIONS�EXCEPTIONS ❑B. Petition for Grant of Letters of Administration (If applicable) c.t.a.; . .n.; . .n.c.t.a.;pe ente �te; urante a sent�a; uran e minor�a e If Administration,c.t a or d.b.n.c.t.a.,enter date of Will in Section A above and compiete list of heirs. Except as follows:Decedent was not a party to pending divorce proceedin wherein the grounds for divorce had been established as deflned in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever a�udicated an incapacitated person. � NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Deo�ent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Form R W�Z 2v.10-11-2011 Copyright(c)2011 fortn software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Lancaster } Petitioner(s)Printed Name Petitioner(s)Printed Address Michele C.Edens 30 S.Walnut Street Mountville,PA 17554 The Petitioner(s�a�bove-name`d.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 th Decedent,Petitioner(s)will well and truly administer the estate according to law. Sworn to or�affirmed and subscribed before � /,��''"'� � ��.e�k�— Date b� " (Z- I�- methis �2 d f , ^ , �G�� Date , BY: - � � Date For the Register Date BOND Required? � Yes �X No To the Register of Wills: FEES Piease enter my appearance by my signature below: 1 Letters............................................ $ �i � .G� Attorney Sign e: c � )Short Certificate(s).......... �j.G Q ( >Renunciation(s)............... — ( )Codicil(s)......................... '_'. ( )Affidavit(s)....................... Printed Name: Matthew A Grosh Bond.............................................. �' Supreme Court Commission.................................. — ID Number: $4249 Other I�J, �� (� .(�� Firm Name: Herr 8�Low,P.C. Address: 234 North Duke Street Lancaster,PA 17602 � Nu (C.� � TrL l�•C�� Phone: 717/397-7544 Automation Fee............................. j"�.G� Fax: 717/397-8227 JCSFee......................................... 'L� .S� TOTAL........................................... $ (�2 a 5G E-mail: DECREE OF THE REGISTER Date of Death: 05/05/2014 Social Security No: Estate of Marcia R Humer File No: 36-14-0984 a/k/a: AND NOW, 5/i2 2�i4 ,�n consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Michele C.Edens in the above estate and(if applicable)that the instrument(s)dated 04/10/2014 described in the Petition be admitted to probate and filed of record as the last Will(a icil(s))of Decedent. ���,<� r: �g �V 'r, ..� '� Register of Wi Is. Copyright(c)2011 form software only The L kner Group,Inc. Page 2 of 2 _ - ----..._......_._....._._. �...�.....,,.. Last Will and Testament of MaYCia R Hume� I, Marcia R. Humer, of Mountville Borough in the County of Lancaster and Commonwealth of Pennsylvania, declare this to be my Last Will and hereby revoke all prior Wills and Codicils. 1. Estate Debts. I authorize my Executor to pay all of my funeral expenses, unsatisfied charitable pledges, estate administration expenses, and all debts or other claims against my estate which iny Executor must discharge. 2. Letter of Final Instructions. I may from time to time prepare, date, and sign a Letter Of Final Instructions which lists gifts and final instructions. This Letter shall be given full effect as though incorporated in this Will. Only the most current such Letter Of Final Instructions shall be given effect. 3. Gift of My Estate. I make the following disposition of my entire estate, except items given to others in a Letter of Final Instructions: 3.A. Gift of Residue to M,� hters. I give the residue of my estate in equal shares to my three daughters, Shelly (Michele C. Edens), Mandy (Amanda R. Noss), and Merry (Meredith L. Humer). If Shelly predeceases me, I give her gift to her husband, Marshall (Marshall T. Edens), if he survives me. If Marshall also predeceases me, I give Shelly's gift to her descendants, if any. If she and Marshall both predecease me and she leaves no surviving descendants, Shelly's gift shall be divided evenly between the gifts for Mandy and Merry. If Mandy predeceases me, I give her gift to her husband, Ryan (Ryan A. Noss), if he survives ine. If Ryan also predeceases me, I give Mandy's gift to her descendants. If she and Ryan both predecease me and she leaves no surviving descendants, Mandy's gift shall be divided evenly between the gifts for Shelly and Merry. If Merry predeceases me, her share of my estate shall be divided evenly between the gifts for Shelly and Mandy. 1 �.�iiu���r��i�LJ\I I U I 111�16G 1 q.YY 1 LL.I-V H.l.VV.W I)U 4. Beneficiar_y Under A�e Twenty-One. Each gift under this Will (except gifts given in trust) shall vest in the beneficiary, even if he or she is under the age of twenty-one years (a "youthful beneficiary" for the purpose of this paragraph). However, each gift to a youthful beneficiary which is not subject to a trust shall be retained, invested, and applied by a Custodian in accordance with the Pennsylvania Uniform Transfers to Minors Act or the comparable Act of another state, if applicable. Any remaining assets under the control of the Custodian shall be released promptly to the youthful beneficiary when he or she attains the age of twenty-one. My Executor is authorized to appoint as Custodian any person or trust company, including an Executor, to receive payment of each gift. The receipt by the Custodian of any such gift shall constitute a sufficient release for the custodial property. 5. Fiduciaries. I appoint the following Fiduciaries--in whom I place my trust and confidence--to assist with my estate: S.A. Appointment of Executor. I appoint my daughter Michele C. Edens as my Executor under this Will. If my original Executor is unable to perform or complete this service, I then appoint my daughter Amanda R. Noss as Alternate Executor. For simplicity in this Will I have referred to my personal representative who shall settle my estate, whether original or substitute, singular or plural, masculine or feminine, as my "Executor." S.B. Directions to Mv Executor. To the extent necessary at the time of my death, I direct my Executor to: (1) File Lifetime Tax Return. My Executor is authorized to sign and file all necessary f nal income tax returns on my behalf. (2) Make Distributions in Kind. My Executor is authorized to make distributions of my property in kind to iny beneficiaries at the values determined by appraisal for inheritance tax purposes. In the unlikely event that there is serious disagreement about the fair division of my property, I instruct my Executor to consult with my beneficiaries and with the attorney representing my estate, and then make a final division of the property, which shall be binding on the beneficiaries. S.C. Compensation. My fiduciaries shall be entitled to competrsation at rates in effect in the Commonwealth of Pennsylvania at the time they have earned their compensation. 6. Powers of Fiduciaries. In addition to all power and authority conferred by Pennsylvania law and by other provisions of this Will, I give my fiduciaries the following powers to be used in the administration and settlement of my estate: 2 �.�tJau�w�LLJ\(IU�Ilfi78L 1 A.W ILL.YVA.L W.Wptl 6.A. Make Investments. To invest any estate or trust property, whether principal or income, without restriction in the nature of the investment. 6.B. Retain Cash. To retain principal cash funds uninvested for a reasonable period of time, pending investment or distribution. 6.C. Pay Bequests. To pay bequests with any assets in my estate, taking into account where appropriate the tax attributes of the assets used if the beneficiary is a tax-exempt organization, unless specifically required to make an in-kind gift. 6.D. Dispose of Real Estate. To exchange, sell, lease, or otherwise dispose of any interest in real property. Sale may either be private or by public auction. 6.E. Borrow Monev. To borrow money and to pledge or place a mortgage on any estate property if this becomes necessary for the payment of taxes or for some other need of my estate. 6.F. Re�ister Securities. To register any securities in the name of any nominee, and to hold any securities in bearer form. 6.G. Emplov A ents. To employ attorneys, accountants, and other agents as the fiduciary finds necessary, and to pay them reasonable compensation. 6.H. Execute Disclaimers. To execute and file as necessary one ar more disclaimers on my behalf or on behalf of my estate, disclaiming property interests of any kind which my Fiduciary finds appropriate. 6.I. Maintain Custodv Accounts. To maintain custody accounts and a safe deposit box. 6.J. Vote Securities. To exercise all ownership rights in all securities, including voting rights, in the same manner as any individual owner. 6.K. Make Elections. To make any and all elections and exercise any and all options available through the Internal Revenue Code, as the same may be amended from time to time, including, without limitation, the right to elect to claim the expenses of administration of my estate as income tax deductions. No compensating adjustments shall be made between income and principal or between the shares of any beneficiaries because of different results which might be obtained in the absence of any such election. 3 , .. .. �,., .�r .� �.� .m ��- m,e. , .» _ , , . _.... . 1.\VQII\VYlLLJ111UII11IIALIA.VV1LL.1-VH.LW.W�JU 6.L. Resolve Claims. To settle or abandon any claims in favor of or against my estate. 6.M. Ship Personal PropertY. To ship, and to insure during shipment, any gift of tangible personal property at the expense of my estate, where my fiduciary finds this appropriate. 6.N. Pay Certain Expenses. To reimburse members of my family for the reasonable expenses for travel, meals, and lodging incurred by them in order to be present to assist with organizing and distributing my items of tangible personal property, if requested and approved by my Executor. 7. Miscellaneous Provisions. 7.A. Death Taxes. All estate, inheritance and other death taxes on all assets which pass by operation of this Will shall be paid out of the residue of my estate before any of the residue is paid to any residuary beneficiary. No part of these taxes shall be pro-rated or apportioned among beneficiaries receiving gifts from the residue of my estate. All estate, inheritance and other death taxes on all assets which pass to a beneficiary by a means other than this Will (or by a Trust which I have established) shall be paid by the beneficiary receiving those assets. 7.B. No Bond Required. Any fiduciary appointed according to the provisions of this Will, whether or not a Pennsylvania resident, shall serve without filing a bond. 7.C. Presumption of Survivorship. Any beneficiary who must survive me to receive a gift under this Will shall be deemed to have predeceased me if that beneficiary and I pass on under circumstances which make it impossible to determine which one of us was the survivor. 7.D. �endthrift Provision. No beneficiary of this Will shall have the power to anticipate, sell, assign, or encumber any payment the beneficiary is to receive under this Will. No interest of any beneficiary named in this Will shall be subject to claims of creditors or liable to attachment, execution, or other process of law. 7.E. Effect of Invalid Provision. If any provision of this Will or any Codicil or Letter of Final Instructions which I may attach to it is held to be invalid for any reason, it is my intention that all of the remaining provisions shall continue to be fully effective as far as reasonably possible. 4 . . -:+ta f'n x.mn +v.�rr _. . H.rnr .�e+-wc..+.v_�.-.sg �,r.we.�-- �..r-..,._ . ,� . . _ . I:\I�an\W 1 LLJ1h umma2l a.W l LL.I'OA.L W.wpd Letter Of Final Instructions Incorporated in the Will of Marcia R. Humer To My Executor: I give the following items of my own property if they are in my estate at the time of my death: 1. This Letter of Final Instructions shall be kept with or attached to my Will and these gifts are to be made in accordance with the provisions of my Will. I have signed this Letter of Final Instructions as a part of my Will this day of , 2014. Marcia R. Humer 5 .� �, -,,�,,W.� ��. �.,�.,..�-.��-�..��,-.�... . _. ,. ��_�� _ _._.. __ _ . T:\Dan\WILLS\humma21a.W1L_L.POA.LW.wpd IN WITNESS WHEREOF, I, Marcia R. Humer, have hereunto set my hand and seal this �O� day of ��� , 2014, in Lancaster County, Pennsylvania. ��S► /,,� ,�`,�,�(v� (SEAL) Marcia R. Humer The Testatrix named above signed, sealed, and declared this instrument to be her Last Will and Testament in our presence. At her request, in her presence, and in the presence of each other, we have signed our names as witnesses on the day and year written above. ����.k,� residing at ����„_1��.,5��,,��` �� Witness �� -� ! residing at � t,,l�R � � Witness n. ..,� ....��,���.a,.�.�a� ._. , T:\Dan\W1LLSlhumma2la.WILL.POA.LW.wpd Acknowledgment of Marcia R. Humer COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LANCASTER : I, Marcia R. Huiner, the 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 this 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 Marcia R. Humer, the Testatrix, this ��day of� , 2014. �Z i.1���1�� v Marcia R. Humer Testatrix 1 Daniel C. Herr, A Member of The Bar of the Supreme Court of Pennsylvania Acknowledgment T:\Dan\W I LLS\humma2l a.W ILL.POA.LW.wpd Affidavit of Witnesses Will of Marcia R. Humer COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LANCASTER : We, �_�J�1���C1 and „�''t�,�`�, ��i������c� d�t�1 , the witnesses whose names are signed to the attached or foregoing 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 it was signed willingly and that the Testatrix 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 mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed before me by the Witnesses of the Will of Marcia R. Humer this��t�day of � , 2014. Witn ss �'�l. Witness � Daniel C. Herr, A Member of The Bar of the Supreme Court of Pennsylvania Affidavit ,.,. �... �;�.�,.�,�; .#,...�.��.�...�� �. . ; ,::�� .��.,,�� ,, �_.,_ . _ ... _ __ _ i:�van�wi����nummat i a.w it,�.rvH.l.w.wpa Will of Marcia R. Humer Certification of Daniel C. Herr, Attorney at Law COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LANCASTER : On this the ��� day of �p�� 1 , 2014, before me, the undersigned officer, personally appeared Daniel C. Herr, Esquire, known to me (or satisfactorily proven) to be a member of the Bar of The Supreme Court of The Commonwealth of Pennsylvania, Supreme Court I.D. No. 27465. Daniel C. Herr certified that he was personally present when the foregoing Acknowledgment and Affidavit were signed by the Testatrix and Witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � �. ��-� (NOTARY SEAL) Notary Public a1i�'�f���Fabv�,�:,:,!?i i.`i� i�'LSSi€V:iYLli�f�"��8 j � :do:arial Sra! -�.M- � j ��4Y3�EtY'�:r..�fY1fd�P�,�Ov.�F'�QUV�IC { �ify a�i:snt�s�er,LancasYer County � i ril�Cf.:ra:st7t��t}ri�xp;+`t�Mareh:3,ZOlS � f�IE�RBER,PEFds�NlEVG.LdF6s A.S.SQt3�,`F1�V4 C,��ty;n�F�; Certification