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HomeMy WebLinkAbout01-10-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Ruth B. Myers also known as COUNTY, PENNSYLVANIA File Number 21-08- ~~ ,Deceased Social Security Number Kurt J. Myers Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or '8' BELOW:) QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the last Will of the Decedent, dated 09/17/2003 and codicil(s) dated r-.~ ~: ~= ~ °=::~ ~t ~ State relevant circumstances, e.g, renunciation, death of executor, eta ~ ,4s Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the Instrun{erit(S) offeyed for probate, was not the victim of a killing and was never adjudicated an incapacitated person: __- "~ ~ _ --- _., B. Grant of Letters of Administration J ~ l F'~ ( app Ica e, enter.' c..a.; .n.c..a.; p ente ~ e; uran e a sen ia; uran a moron a e L. 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: (lf Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Country Meadows, Mechanicsburg, Hampden, Cumberland, PA 17055 (List street address, towNcity, township, county, state, zip code) Decedent, then $6 years of age, died on 01 /05/2008 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: All personal property Personal property in Pennsylvania Personal property in County 205,000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence ~ Kurt J. Myers 111 Bramblewood Lane Lewisberry, PA 17339 Form RW-OY Rev. 1U-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 'I of 2 (COMPLETE /N ALL CASES:) Attach addittional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at /~ ~ V Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA couNTY OF Cumberland } ss - `~? ~- The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the~beff r.,,_ 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. _~ ; -l ~. ' ~f Sworn to or affirmed and subscribed ~ J- _ ° ""' be ore me this ~ day of ~~ Cyr"" " ter. ~~~ t Register Signature of Personal Representative KUrt J. Myers C»~ _ -"'-i t~ m Signature of Personal Representative Signature of Personal Representative File Number: Estate of A/WA Ruth B. Myers . Deceased Social Security Number: Date of Death: 01/05/2008 AND NOW, ~ t U c~,7C.J(} ~ , in consideration of the foregoing Petition, satisfactory proof having been presented be ` e me, IT IS CREED that Letters Testamentary are hereby granted to Kurt J. Myers in the above estate and that the instrument(s) dated 0 911 7/2 0 0 3 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES ~ / Letters ............................................ $ V . Short Certificate(s) ........................ $ ~~ L~~' tion(s) .............................. $ Renu n c ia // /~ }~ l~ $ ,~ / TOTAL .................................... $ ` (/ c~ ~~, 7 21-08- (~G,3 n ~ ~ ~.l~V l..lC/ ,: ~ fi l _ R er o Wills / ('/-'j/f~~~ Attorney Signature: ~ ~ /~ ~, ~ ,~ _. ~/ .,,, ,/J1f~~"~~.~/`~ ~/ c Attorney Name: Michael L. Bangs ~--"~~ Supreme Court I.D. No.: 41263 Address: 429 South 18th Street Camp Hill, PA 17011 Telephone: 7171730-7310 Form RtN-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 WILL OF RUTH B. MYERS 0 I, RUTH B. MYERS, of Hampden Township, Cumberland County, Pennsylvania, declare this to be my Will and revoke all prior Wills and Codicils. c: FIRST: Tangible Personal Property. -'~= _ _, - -~=~ ~~ I give all tangible personal property owned by me at my death and: ~~~ °^.' o insurance policies on such property as follows: _ ~J /^~~.~ . „~ t•J (a) To those individuals who survive me by thirty days who are designatec~on a list or memorandum signed by me which refers to this Will or is found with a copy thereof, the items listed beside their names; provided that no such list or memorandum shall be valid unless it is received by my Executor within sixty days of my Executor's qualification. (b) The balance (including any item under subparagraph (a) the bequest of which has lapsed) to my daughter, LISA M. SWEENEY, of Mt. Gretna, Pennsylvania, provided she survives my by thirty days, and if she does not so survive me, in as nearly equal shares as possible to such of my remaining children as survive me by thirty days, to be divided among them as they may agree. Any items not selected by my children shall be sold and the net proceeds used to equalize shares. Any disputes concerning this or any other method of allocation shall be resolved by my Executor, in my Executor's discretion. (c) My Executor shall pay, as an expense of settling my estate, all costs of delivering such tangible personal property, including the costs of packaging, delivery and insurance. SECOND: Residue. I give the residue of my estate to the following persons and in the following shares: F:\LWORK\W ILLS\G090903C. WPD (a) My daughter, LISA M. SWEENEY, sixty (60%) percent thereof, provided C~ she survives me by thirty days, and in default thereof, to my granddaughter, ERIN C. SWEENEY, of Mt. Gretna, Pennsylvania, provided she survives me by thirty days. In the event neither my daughter or granddaughter survive me by thirty days, such share shall pass instead to those of my sons who survive me by thirty days in the same relative percentages as hereinafter set forth; (b) My son, KURT J. MYERS, of Lewisberry, Pennsylvania, thirty (30%) percent thereof, provided he survives me by thirty days, and in default thereof, such share shall pass in accordance with Item Second (a) of my Will; (c) My son, GARY R. MYERS, of Weare, New Hampshire, five (5%) percent thereof, provided he survives me by thirty days, and in default thereof, such share shall pass in accordance with Item Second (a) of my Will; (d) My son, ERIC R. MYERS, of Wilton, Connecticut, five (5%) percent thereof, provided he survives me by thirty days, and in default thereof, such share shall pass in accordance with Item Second (a) of my Will. THIRD: Trust for Erin C. Sweeney. Provided she has not attained the age of twenty-five at the time for distribution to her, any share of my estate which passes to my granddaughter, ERIN C. SWEENEY, shall be held by my hereinafter named Trustee, IN TRUST, for the following uses and purposes: (a) To pay to my granddaughter on each quarterly or more frequent distribution date so much of the net income as my Trustee, in Trustee's absolute discretion, deems advisable. The distribution of income on any distribution date shall not establish a pattern for any other distribution date. All net income not so paid shall be accumulated and added to principal. (b) To pay to or apply for the benefit of my granddaughter as much of the P:ALWORIG~WILLS\G090903C.WPD -2- principal as my Trustee deems advisable for her maintenance, education, health and support after first considering funds available to her from other sources; ~l e\ (b) Upon my granddaughter having attained the age of twenty-five, this trust shall terminate, and my Trustee shall distribute the remaining principal and any accumulated or undistributed income to my granddaughter. Should my granddaughter die prior to attaining the age of twenty-five, this trust shall terminate, and my Trustee shall distribute the remaining principal and any accumulated or undistributed income to the persons and in the shares set forth in Item Second of my Will. FOURTH: Spendthrift Provision. Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary or involuntary alienation. FIFTH: Death Taxes. All death taxes (and interest and penalties thereon) imposed upon any property passing under my Will or otherwise shall be paid out of my residuary estate. SIXTH: Administrative Powers. My Executor shall have the following powers in addition to those conferred by law until all property is distributed: (a) To retain any real or personal property in the form received and to sell it at public or private sale. (b) To manage real estate. (c) To purchase all forms of property without being confined to so-called legal investments and without regard for the principle of diversification. F:\LWORK\WILLS\G090903C.WPD - 3 - (d) To exercise any option or rights arising from ownership of investments. (e) To compromise claims without order of court or consent of any legatee. (f) To distribute in cash or in kind. i~ (g) To employ accountants, agents, investment counsel, brokers, bank or trust company to perform services for and at the expense of my estate and to carry or register investments in the name of the nominee of such agent, broker, bank or trust company. The expenses and charges for such services shall be charged against principal or income or partly against each as my Executor may determine. My Executor is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, investment counsel, brokers, bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any accounting, investment or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Executor to receive commissions as a fiduciary. (h) With respect to the interest vesting in a beneficiary who, in the opinion of my Executor, is incapacitated by reason of age (other than minority) or illness (mental or physical) when such interest vests in him or her: to hold the interest during his or her incapacity and to invest the interest and all accumulations thereon; to apply so much of the income and principal as my Executor deems advisable for such beneficiary's benefit for any reason without considering other funds available to him or her; and to deliver the balance of principal and income to the beneficiary at such time as he or she gains capacity. In addition, at any time to pay the entire interest to the guardian of the estate of the incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other person as may be selected by my Executor to receive a distribution under this subparagraph shall be a full and complete discharge to my Executor. F:\LWORK\WILLE\G090903C.WPD - 4-' SEVENTH: Definitions. (a) The words "Executor" and "Guardian" when used herein shall include all genders and the singular and plural as the context may require. (b) Paragraph headings in this Will are for reference only and shall not affect the meaning, construction or effect of this Will. EIGHTH: Trustee. I appoint my son, KURT J. MYERS, Trustee of the trust, if any, created by my Will. In the event my son, KURT J. MYERS, fails to qualify or ceases to act for any reason, I appoint my daughter-in-law, ANN H. MYERS, of Leewisberry, Pennsylvania, Trustee. NINTH: Executor. I appoint my son, KURT J. MYERS, Executor. If my son fails to qualify or ceases to act for any reason, I appoint my daughter, LISA M. SWEENEY, Executor in his place. My Executor shall not be required to post security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this 1 ~ day of `~ , 2003. ~ ~. ~~ RUTH B. MYERS F:\LWORK\WILLS\G090903C.WPD - `5 - The preceding instrument, consisting of this and four other typewritten pages, each identified by the signature of the testatrix was on the date thereof signed, published, and declared by RUTH B. MYERS, the testatrix therein named, as and for her last Will, in the presence of us, who at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. C.(. (/ ~' G RGE A. V GHN, III NANCY L. B BYLINE F:\LWORIQWILLS\G090903C.WPD ~ ' COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) I, RUTH B. MYERS, being the testatrix whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the foregoing 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. RUTH B. MYERS Sworn or affirmed to and acknowledged before me by the testatrix named above this . '7='~day of ~~Pr~dlc , 2003. • Notarial Seal '~ ~ Diane B. Jenkins, Notary Public Hampden Twp., Cumberland County Notary Publlc My Commission Expires May 22, 2004 Member.Penn~ ~n,- = ~'c~><,:,v~,at;~nctNotaries COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) WE, GEORGE A. VAUGHN, III, and DIANE B. JENIQNS, the witnesses whose names are signed to the 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 she signed it willingly; that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the Will as witnesses; and that to the best of our knowledge, the testatrix was at the time eighteen or more years or age, of sound mind, and under no constraint or undue influence. ~~ GE GE A. V GHN, III ~``_'" Gt,-wc,~ ~~ _ ~~ vim. NANCY L. B TLINE Sworn or affirmed to and acknowledged before me this i7'~ day of ~``~ .d~.c , 2003. n i7 ota Public Notarial Seal Diane B. Jenkins, Notary Public Hampden Twp., Cumberland County My Commission Expires May 22, 2004 F:\LWORK\WILLS\G090903C.WPD Member,Penns~~jvari IU5.805 12~V (pl/07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, X6.00 P14124919 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 be forwarded to the State Vital Records Office for permanent filing. (~ Q ~~~'~ ~ 7 c~~ / / Local Registrar Date Issued r-a , - C ; ._ r=o 4 -V, °' ~' ; ,.. .._ ~ , ' TI __ ~ - - T ~ -""I ~ ~ .... R • ~ V x ••~ V . MyDS113 REV 11200fi TYPE / PRWT W PERMANENT &ACK INK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Nana d Deceden IRIa, niiada, last. uAkv) 2. 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