HomeMy WebLinkAbout03-24-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY,PENNSYLVANlA
Estate of MARY A. MYERS
also known as MARY ANN MYERS
File Number
~I 08" Q3~B
, Deceased
Social Security Number
ROBERT D. MYERS.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW:)
!Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the EXECUTOR
last Will of the Decedent dated 9/19/2001 and codicil(s) dated N/A
named in the
(State relevant circumstances, e.g., renunciation. death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
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: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
I Name Relationshio Residence I
..
~ ',/
f"',_)
-.'0-
~.
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his / her last principal residence at
100 MT. ALLEN DR MECHANICSBURG PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 74
years of age, died on 10/3/2007
at MESSIAH VILLAGE
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
115.000.00
situated as follows:
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:
Typed or printed name and residence
ROBERT D. MYERS
100 MT. ALLEN DRIVE MECHANICSBUR
Page 1 of2
Form RW-02 rev. 10.13.06
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affrrm(s) that 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.
before mt the
~4
d
$k
Signature of ersonal Represe~T D. MYERS
Sworn to or affirmed and subscribed
day of
Signature of Personal Representative
r ,~
Signature of Personal Representative
File Number:
;{ J O(f 03;;V
Estate of MARY A. MYERS
, Deceased
Social Security Number: 073-26-5857 Date of Death: 10/3/2007
AND NOW, rYhfl.-h cJY ,2008, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to ROBERT D. MYERS
in the above estate
and that the instrument(s) dated 9/19/2001
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))
260.00
12.00
\ \ /'
THOMAS L. WENGEB....ESo/
FEES
Letters ............................. $
Short Certificate(s) ............ $
Renunciation(s) ................ $
$
$
$
$
$
$
$
$
$
$
Attorney Signature:
15.00
10.00
5.00
Attorney Name:
WILL
JCP FEE
AUTOMATION
Supreme Court J.D. No.: 15489
Address:
WIX. WENGER & WEIDNER/PO BOX 845
HARRISBURG. PA 17108-0845
Telephone:
(717) 234-4182
TOTAL .............................
302.00
FormRW-02 rev. 10.13.06
Page 2 of2
HI(J.':;,i<(J:" !.;1:\
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
P 13823191
Certification Number
This is to certify that the information here given is
conectly 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.
~. ~ ~...,;t.L. J'1Llo.J
ocal Registra~ I rf Date Issued
'--i-
f')
..;::"
LA.'''I
H10S.l-l3 REV lli2006
TYPE, PRINT IN
PERI\IANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
\ D~ 03a~
1. Nameol De':eaenllFir~l nlll:ldle last. sultix}
5 Age llast Biflhdal'l
6. Date of Sinh (Month. day, year)
74 y"
Bb. County of Doj"th
CUmber land
Haremaker
College (1-4 or 5+)
4
Dyes I)(INO
Decedent's
Actual Residence 17a. Stale
- 16 Deceoont's Millhflg AdJress (Street. clly town, slale, lip code)
Pennsylvania
CUmberland
100 Mt. Allen Drive
Mechanicsbur PA 17055
17b.COl.Inty
18, Falher'sName(FlrSlnllddlelasl,suffIX)
Did Decedenl
live in a
Township?
073 - 26 - 5857
2007
o Inp<llient 0 ER 1 Outpatienl 0 DQA
9 Was Decedent of Hispanic Origin?
(If yes, specify Cuban,
Mexican, Pueno Rican, elc,)
14. Marilal Status: Married, Nevel MaHled
Widowed. m...orced (Specify) .
Married
17c.K] l'es, Decedent lIved m
17d. 0 No, Oecedenlllvaa wiltun
Actual limits of
Twp
CIty/Bora
Phi li
M:Jnforte
19. Mother's Name (Fitst, mOle, maidefI surname)
Nan Zaia
20b Informant's Mailing Address (Street, city I town, stale, zip code)
20a Infolmant's Name (Typ;;1 Pnnt)
100 Mt. Allen Drive Mechanicsbur
PA 17055
21c. Place of Disposition (Name of cemetery, crematory or other place)
2td. location (City I town, stale, Zip code)
- ~
Chestnut Hill Cemetery
8 Market
llems2..l-26mUSlbecompleledbyperSOfl
who pronounces dealh
24, Time 01 Death
lOLl 5
ApproKimateinterval
Onsel10 Dealh
=~~E~~ ~~~)dlse:;'
~J:nuu ~
Due 16 (or as a consequence 01)'
-f~
,x~
~
Sequenlla~y hst condllions, it any.
~::r,~o tTNoe~~1AU~ a
(disease or injUry !hat 111IIIaled ttle
evenlS reSUlllIiQ III deathl LAST.
Due 10 (or as a consequence of):
Due 10 (Of as a consequence 01);
d.
30a Was an Autopsy
Per1ormed?
30b Were AulOPSy Findings
Available Prior to CompIehon
of Cause 01 Death?
DYes ~o
31. M?er of Death
[!1 Natural 0 Homicide
o Accident 0 Pendmg Invesligallon
o Suicide 0 Could Not be OetellTlined
DYes [J('No
32d. TIffi& 01 Injury
Upper Allen Twp.
Plaza Way
17
PA
23b. license Number
25. Was Case Reterred 10 Medical Examiner I Coroner lor a Reason Other than Cternation or Donation?
Dy" DNo
Part 11: Enter GIller sionificant conditions con"ibut~ 10 death
but not resulting in the uoderlying cause given in Pari I
28, Old Tobacco Use Contribute to Oeam?
o yes AJ p"",,,,,,,
~ DUnknown
29." F
Nol prEMJflinl within pasl year
o Pregnant al bme of oealh
o No! pregnant, but pregnant wtlhm 42 days
ofoeath
o No! pregnanl. bul pregnant 43 days to 1 year
beloredeath
o unknown it pregnant wntlin the past year
32c, Place of l,njuf'y: Home. Farm, &reel, Faclory,
OIficeBuilding, SIC. (SpecIfy)
~~Pe'1d~
~~qUdJJlpUr
tlutvrndiUl M~
z
o
w
<.>
o
o
w
~
33a. Certifier (check only one)
Certifying ptlYllician (PhYSICian certifying cause of death when another phYSICian has plOflO\JllCea death and compleled Item 23)
To the bellot my knowledge, death occurred due tathe cause(s) and manner asslaled.. _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ 0
~~o;:u::~~~t~: ::~:~J:a~ianC::t~:~i: :~i~~~:n~n~;::c~~~~:~:~~:~:~~:~ mannel as lltated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
~~:a~~::smo7:~~;~~:I: and I or investigation, in my opinion, dealn occurred at the time, date, and place, and due to lhe cause(ll) and manner as staled-. 0
321. If Transporialion Injury (Specify)
o Driver I Operalor 0 Passenger DPedeslrian
Other . Specify'
33b Signature and Tille 01 Candie!"
~ ~(rtO
33d Date Signed (Mooth,day, year)
M
32g, localion of Injury (Street, city/town, slate)
33c lICense Number
fYID Lfd. ')4 7~-
I~ -OLl-2LJo1
34. Name and Address 01 Pecson Who Completed Cause or Death (Item 27) Type I Print
:5It1e..rtH NOOt<<./SFlKAH /11D
100 rTlT fH-1..-S1V DR.I Vii>
Mt!'c
:r
1021 IIA.I II~I
DISPOSItion Pamllt No 60 C. 2 c( 2.. <1
LAST WILL AND TESTAMENT
OF
MARY A. MYERS
I, Mary A. Myers, of Camp Hill, Cumberland County, Pennsylvania, beingr~f
sound and disposing mind and memory, do make, publish and declare this to be my Last
Will and Testament, hereby revoking all Wills and Codicils by me at any time p~eviously
. "
made.
ITEM I: I direct that all inheritance and estate taxes becoming due by
reason of my death, whether such taxes may be payable by my Estate or by any recipient
of any property, shall be paid by my Executor out of the property passing under this Will,
which is not specifically devised or bequeathed, as an expense and cost of administration
of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for
any such tax paid by my Executor even though on proceeds of insurance or other
property not passing under this Will.
ITEM II: I hereby exercise all powers of appointment which I may have at
the time of my death in favor of my residuary estate, and all property subject to all such
powers shall be included in my Estate.
ITEM III: I give and bequeath all my household furniture and furnishings,
automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all
other like articles of household or personal use and adornment to my spouse, Robert D.
Myers, if he survives me, or, if my spouse does not survive me, to my then living children,
to be divided among them in as equal shares as practicable, as they may agree. In the
event my children fail to agree on the division of such items, my Executor shall determine
Page 1 of 7
the distribution of such items and her decision shall be final. Any undistributed items shall
be sold and the proceeds added to the residue of my estate.
ITEM IV: If my spouse does not sUNive me, I give, devise and bequeath the
sum of Two Thousand Dollars ($2,000.00) to the Endowment Fund of Messiah Lutheran
Church of Harrisburg, Pennsylvania, or its successor.
ITEM V: I give, devise and bequeath all of the rest, residue and remainder of
my property, real, personal and mixed, to my spouse, Robert D. Myers, if he sUNives me.
If my spouse does not sUNive me, then I give, devise and bequeath all of the rest, residue
and remainder of my property in equal shares to my children or their issue, per stirpes,
subject to the provisions set forth in Item VI herein. Provided, however, that any
distribution made to my children or their issue shall be adjusted to account for any
indebtedness owed to me by them at the time of my death. Such indebtedness shall be
determined, without interest, by my Executor by reference to a Book of Account which I
have maintained and kept at my desk at my residence, or such other place made known
to my Executor, and shall be offset against the amounts the indebted child, or persons
claiming through the indebted child, would otherwise be entitled to receive.
ITEM VI: For purposes of this Will, the term "issue" shall be deemed to
exclude each and every one of the children born of the union of my son, Robert P. Myers
and Ann Helen Cannon (also known as Ann Helen Myers), it being my express intent that
such child or children not receive any distribution as an heir or beneficiary of my estate.
ITEM VII: In the settlement of my Estate, my Executor shall possess, among
others, the following powers to be executed for the best interest of the beneficiaries:
Page 2 of 7
(a) To sell either at public or private sale and upon such terms and
conditions as my Executor may deem advantageous to my Estate,
any or all real or personal estate or interest therein, whether owned
by me severally or in conjunction with other persons or acquired after
my death by my Executor, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchaser or purchasers,
conveying a fee simple title, free and clear of all trust and without
obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity
of said sale or sales; also, to make, execute, acknowledge and
deliver any and all deeds, assignments, options or other writings
which may be necessary or desirable in carrying out any of the
powers conferred upon my Executor in this Paragraph VII(a) or
elsewhere in my Will.
(b) To pay all costs, taxes, expenses and charges in connection with the
administration of my Estate. My Executor shall pay expenses of my
last illness and funeral expenses.
(c) To distribute my Estate in kind or in money. If any assets are
distributed in kind, they shall be distributed at their respective
value(s) on the date(s) of their distribution.
(d) To retain any investments I may have at my death so long as my
Executor may deem it advisable to my Estate so to do.
(e) To vary investments, when deemed desirable by my Executor and to
invest in such bonds, stocks, notes, money markets, real estate
mortgages or other securities or in such other property, real or
personal, as he shall deem wise, without being restricted to so-called
"legal investments."
(f) To mortgage real estate and to make leases of real estate.
(g) To borrow money from any party to pay indebtedness of mine or of
my Estate, expenses of administration or inheritance, legacy, estate
and other taxes.
(h) To vote any shares of stock which form a part of the Estate and to
otherwise exercise all the powers incident to the ownership of such
stock.
(i) In the discretion of my Executor, to unite with other owners of similar
property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of the Estate.
Page 3 of 7
G) To distribute my personal property directly to the Guardian of the
person of any minor beneficiaries hereunder.
(k) To elect such settlement options as deemed most appropriate by my
Executor with respect to any pension, profit sharing or other
retirement plan in which I am a participant.
(I) To do all other acts in the judgment of my Executor necessary or
desirable for the proper and advantageous management, investment
and distribution of my Estate.
ITEM VIII: Any person who shall have died at the same time as me, or in a
common disaster with me, or who shall fail to survive me by ninety (90) days, shall be
deemed to have predeceased me.
ITEM IX: If at any time any minor child or legally incompetent person shall be
entitled to receive any assets hereunder, I hereby nominate, constitute and appoint my
Executor to act as Guardian of the assets payable to such person. Said Guardian may
receive and administer all assets authorized by law and shall have full authority to use
such assets, both principal and income, in any manner said Guardian shall deem
advisable for the best interest of such person, including college, university, post-graduate
or other education, without securing court order. Said Guardian shall have all the rights
and privileges as to the Guardianship and the assets thereof as are herein granted to my
Executor as to my Estate and the assets therein.
ITEM X: I nominate, constitute and appoint my spouse, Robert D. Myers, to
be my Executor. In the event of the death, resignation, refusal or inability of Robert D.
Myers to serve as my Executor, I nominate, constitute and appoint my daughter, Rebecca
S. Myers, to serve as Executor in his place. My Executor and Guardian are specifically
relieved from the duty or obligation of filing any bond or bonds.
Page 4 of 7
IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will
and Testament, consisting of this, the next two pages, and the preceding four pages this
1'1 daYOf~ ,2001.
01'~.4.~~
Mary A. My rs' ,
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
Testator, Mary A. Myers, as and for her Will, in the presence of us, who, at her request, in
her presence and in the presence of each other, have hereunto subscribed our names as
witnesses in attestation thereof.
7hJ~~CfJ\^, i IJOuJ~'rAddress ~7 r~1U1 vl, t-
. ?(.u...~_{1.'AA/(--1~,? ~ It
4WJ; 9 Jk;/11f7 Address 319 iJ/uJ/W dI
YJ~0p1l-~ rJ; /7 {) 7r!
Address /) I fY1 WJ11fV" cI CUF"LJ.
1~~ YC//7tJ!/
('j
;f/llM.Q. [. Y I}fJ//1'VI
!
Page 5 of 7
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF \)p,v~ N It'J.
SS.
I, Mary A. Myers, the Testator 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; and that I signed
it willingly and as my free and voluntary act for the purposes therein expressed.
S.~(n to or affirmed and acknowledged before me by Mary A. Myers, the
Testator, this ~ day of s..'VK (\\(.)Q (- ,2001.
ary Public
My Commission Expires:
(SEAL)
Notarial Seal
Denise ~ Williamson, Notary Public
Harnsburg, Dauphin County
My COmmission expires May 1, 2004
.,. '~,.,i'1 ASsociation of Notaries
Page 6 of 7
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
\) ~ ~T-\ v\,)
SS.
COUNTY OF
_ . We,' -'\'t'{)f{Q1.. {. t.J.)p,nyr-J ,f/a{llll &()~S ,
and Jav\\t{ 'i()~u. M , the witnesses whose names ar'6 signed to the
attached or foregoing instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testator sign and execute the instrument as her
Last Will; that the Testator 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 Testator, signed the Will as a witness; and that to the best of our knowledge,
the Testator was at that time 18 or more years of age, of sound mind and under no
constraint or undue influence.
tV.. () SWQrn to or affirmed and subscribed to before me by\''\Q\'~. ~ L
. arvaUi~/3 (, ,and ::Ta n\U. \.Iu~ U ~ ,witnesses, this \q
Sf t-tf ffiblf , 2001 . I
)/ "
\ J~Mt ~k~
WjJ ess ""'-.. . /
\A.\(nq ({-
day of
1'/tU(J4 9 ao,ri~
Witness
- f' \
/). 4./!___fL '-..--- {J U.12 l
_itZVLe~~ __
Ngry Public
My Commission Expires:
(SEAL)
F:\dbw\Wills\Myers\Mary - Will.doc
. Notarial Seal
Denise B Williamson, Notary Public
Hams.burg, DauphIn County
My CommiSSion Expires May 1, 2004
Member, Penrsylvani8 ASS0cia'ion of ~V' "-.
Page 7 of 7