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HomeMy WebLinkAbout09-11-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISIONCz _o rn r., In re: Estate of H. Robert Henry, decedent No. � _s , PETITION FOR SETTLEMENT OF A SMALL ESTATE r� TO THE HONORABLE JUDGES OF SAID COURT: c_nCo d �7 Wilma J. Henry, Petitioner, files this Petition for Settlement of a Small Estate under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code and in support thereof avers that: 1. Your Petitioner, Wilma J. Henry, is the surviving spouse of H. Robert Henry. 2. Decedent, H. Robert Henry ("Decedent"), who died on July 18, 2015, resided prior to his death at 378 Old Stonehouse Road South, Cumberland County, Boiling Springs, PA. He passed away at Cumberland County Nursing Center in Carlisle, PA. A death certificate is attached hereto as Exhibit A and incorporated herein by reference. 3. Decedent died testate, leaving a self-proving Last Will and Testament, dated July 13, 2010 ("Will"), a copy of which is attached hereto as Exhibit B and incorporated herein by. reference. The Will has not been probated. 4. The Executrix named in Decedent's Will is Wilma J. Henry. 5. The Executrix is not required to post bond. 6. The sole beneficiary under the Will is Wilma J. Henry. 7. Decedent owned a Fidelity Investment Account#014824506565, solely in his name, with a balance of$2,227.47 as reflected on the statement dated June 30, 2015, which is attached hereto as Exhibit C and incorporated herein by reference. 1 8. Decedent's funeral expenses totaled $4,740,87, which were paid in full by Wilma J. Henry. A copy of the paid funeral invoice from Hollinger Funeral Home & Crematory, Inc. is attached hereto as Exhibit D and is incorporated herein by reference. 9. Petitioner respectfully requests the Court's approval to liquidate the remaining funds in the Fidelity Investment account in order to partially reimburse her for the funeral expenses. WHEREFORE, Petitioner prays that your Honorable Court direct that Fidelity Investments liquidate account number 01482450655 in the name of H. Robert Henry, deceased, with the proceeds check payable to Wilma J. Henry. Respectfully submitted, SALZMANN HUGHES, P.C. Dated: 1 lS By: Roger B. I n, Esquire Attorney I.D. #6282 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 717-249-6333 VERIFICATION The foregoing Petition is true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4094, relating to unsworn falsification to authorities. Wilma J. Henry 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wilma J. Henry, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Wilma J. Henry Sworn and subscribed before me this/W�day of Se to » e!- , 2015. Notary Public MONWEA LTH OF PENNSY!v_ANIA NOTARIAL SEAL Julie M.Metz,Notary Puh"'. Guilford Twp.,Franklin C:�u".y MpCommissionExpiresAh." 14. I{,PENNSYIYANIAASSOCIA104Oi.' CIES COMMONWEALTH OF PENIMSYLVANIA. NOTARIAL SEAT. W M.Metz,Nogry Vubk Guilford Twp.,Frim"n Cormty My Conon hpirm AprV 14,2010 WEMBK KNNSYLVANIA 3 T3D5.143cv LAST WILL AND TESTAMENT I, H. ROBERT HENRY, of Monroe Township, Cumberland County. Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. 1. I direct.my Executrix or Substitute Executrix/Executor, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executrix or Substitute Executrix/Executor of my estate. 2. My Executrix or Substitute Executrix/Executor may, at her or his discretion, compromise claims, borrow money, retain property for such length of time as she or he may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she or he may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. 3. I authorize and empower my Executrix or Substitute Executrix/Executor to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefore, in fee simple, as I could do if living. My Executrix or Substitute Executrix/Executor is authorized and empowered to engage in any business in which I may be engaged at my death, for EXHIBIT lv S D such period of time after my death as seems expedient to said Executrix or Substitute Executrix/Executor. 4. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my wife, WILMA J. HENRY, provided that she survives me by sixty (60) days. 5. Should the gift in Paragraph No. 4 not take effect, then I give, devise and bequeath all of my estate of whatever nature and wherever situate as follows: a. Ten Thousand and no/100 ($10,000.00) Dollars to my daughter, SHEILA A. CORNMAN,for all her special services to us over the years; and b. All the rest, residue and remainder to my daughters, SHEILA A. CORNMAN and LOIS D. LEREW, share and share alike. In the event that SHEILA A. CORNMAN predeceases me, one-half(1/2) of her share shall pass to her husband, STEVE CORNMAN, and one-half(1/2) shall pass to her children in equal shares, per stirpes. In the event that LOIS D. LEREW predeceases me,her share shall pass in equal shares to her issue, per stirpes. 6. I nominate and appoint my wife, WILMA J. HENRY, to be the Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint SHEILA A. CORNMAN to be the Substitute 2 Executrix of this my Last Will and Testament, and if she cannot or does not serve, STEVE CORNMAN as Substitute Executor, whereby the said Substitute Executrix/Executor shall have the same powers as are given to the original Executrix hereunder. 7. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. 8. No Executrix or Substitute Executrix/Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 9. No beneficiary may assign, anticipate or pledge her/his interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 10. 1 hereby suggest that my personal representative retain the services of Irwin & McKnight, P.C. as attorneys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13 day of July 2010. (SEAL) H. ROBERT HENRY 3 Signed, sealed, published and declared by H. ROBERT HENRY, the above-named Testator, as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other have hereunto set our names as subscribing witnesses. 4 ACKNOWLEDGMENT AND AFFIDAVIT WE, H. ROBERT HENRY, KAREN S. NOEL and SHARON L. SCHWALM, the Testator and witnesses respectively, 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 had signed willingly, and that he executed it as his free and voluntary act for the purpose herein 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 their knowledge the Testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. OBE HENRY /KAREN'S. NO SHARON L. SCHWALM COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by H. ROBERT HENRY, the Testator herein, and subscribed and sworn to before me by KAREN S.NOEL and SHARON L. SCHWALM, witnesses, this I day of July 2010. N t Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Roger B.Irwin,Notary Public Carlisle Boro.Cumberlaril County Mly Commission Expires Oct.3,2012 Member,Pennsylvania Association of Notaries 5 Statement Period: 04/01/15 to 06!30!15 s iidelYGET YOUR STATEMENTS FASTER.Logon roVBSTMENTS advisor.ridelity.com and choose paper suppression.Electronic statements are avallable on the first business day of the statement period. STATEMENT H ROBERT HENRY Env 4 S 051098621 D VOYA FINANCIAL ADVISORS INC •••••... 74 W POMFRET ST SHEILA A CORNMAN POA CARLISLE,PA ST 3216 BOILING OLD STRINGS, A RDS Rep. Name:LANDIS Dealer#:511 BOILING SPRINGS, PA 17007-9664 Rep.#: LT5068 Branch#:11636 It�ttllulnl�Plll lt�rllrl�llltllllllllln)I�{I�IIIIIfltrllil�� Account Number-01482450655 PORTFOLIO ALLOCATION BY ASSET CLASS PORTFOLIO SUMMARY Q 100.00%Taxable Bond Portfolio Value as of 03/31115 S 7,177.53 {` Additions $ 0.00 Withdrawals $ (5,000.00) I Change In Investment Value S 49.94 Ending Value as of 06/30115 $ 2,227,4�1 Change in investment value represents any appreciation or depreciation of your porttollo as well as any sales load paid MUTUAL FUND ACCOUNT SUMMARY Market Value Shares Held NAY %of Fund Name Fund-Account# 03131/15 06130115 06/30115 06130!15 Total FIDELITY ADV STRATEGIC INCOME-CLA 0260-01482450655 7,177.53 2,227.47 187.340 11.89 100.00 TOTAL $7,177.53 $2,227.47 100.00 EXHIBIT b D 7549 Web Address:advisor.fidelity.com Fidelity Distributors Corporation(General Distribution Agent) Regular Mail:Fidelity Investments Institutional Operations Company,Inc.,PO Box 770002,Cincinnati,OH 45277-0083 Overnight Delivery:Fidelity Investments Institutional Operations Company,Inc.,100 Crosby Parkway Mail Zone KC1 G,Covington,KY 41015-4325 PAGE 1 of 2 M#20150630 1300 051098621 0001 � Hollinger Funeral Home & Crematory, Inc. Eric L. Hollinger,Supervisor July 2G, 2U1S Wilma]. Henry 378Old Stonehouse Road South Boiling Springs, PA17UU7 The Funeral Service for H. Robert Henry: We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way we can. Please feel free to contact us if you have any questions in regard to this statement. THE FOLLOWING IS AN ITEMIZED STATEMENT OFTHE SERVICES, FACILITIES, AUTOMOTIVE EQUIPMENT, AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. Professional Service Cremation Package [—K4enoo/ia|Service $3145.00 Merchandise Cu/tuned Marble—Lord's Prayer 365.00 Memorial Phg.—B|ue Marble/Picture Register Book, Memorial Folders, Acknowledgement Cards, Bookmarks N/C AT THE TIME FUNERAL ARRANGEMENTS WERE MADE,WE ADVANCED CERTAIN PAYMENTS TO OTHERS ASANACCOMMODATION. THE FOLLOWING |5ANACCOUNTING FOR THOSE CHARGES. Cash Advances Certified Copies ofDeath Certificate /lO@ $6> 60.00 Cumberland County Coroner's Authorization 30.00 Newspaper Notice'Sentinel 400.37 Di||sburgBanner 55.00 Clergy 125.00 Organist 125.00 Vocalist 75.00 Flowers-Ring&Vase 185.50 Etching ofStone 175.00 EXHIBIT ' Total Charges E, ___1 $4,7410.87 '0~ ` 50/ NOPIHDAL?Iw\{}PE An50VE ° xxOUNT HOLLY SPD[NGJ. PENNSYLVANIA /roo5 ~ (r1,) 4uo'3«33 ~'PAX(f/r) 4ao'um/5 www.uo}ziogarsuoerazhonum.conn