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HomeMy WebLinkAbout01-25-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Rhuby E. Myers also known as COUNTY, PENNSYLVANIA File Number 21-09- U*~ ,Deceased Social Security Number 209-12-8898 Diane L. Pike Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `B' BELOW ) ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent, dated 02/27/2004 and codicil(s) dated State relevant circumstances, e.g., renunciation, death o/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: B. Grant of Letters of Administration appica e, en er.• c..a.; .n.c..a.; n e e; uren a sen ~a; uren a mono a e 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 Administrat-on, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence ~a C7 ° ;'A. C~ See attached schedule r ~v ~ r ~-~ ~!' ~ ~ ... ._°. ~l ~ ~,'. r^ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. c: 7 t~~ ~ ~ ~ ~ r ~ ~~' ~' .:-' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal reside at op ~--- , ~ a 254 Stonehouse Road, Carlisle, South Middleton Township, Cumberland, PA 17015 =t' r~ -M~ (List street address, town/city, township, county, state, zip code) Decedent, then $s years of age, died on 12/31/2009 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: at Carlisle Regional Medical Center, Carlisle, PA All personal property $ Personal property in Pennsylvania $ Personal property in County $ 144,750.00 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 ~ Diane L. Pike 254 Stonehouse Road Carlisle, PA 17015 Form KW-Ul Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } The Petitioner(s) above-named swear(s) or affirm(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. ~~ ~ ~ ~ Sworn to or affirmed and subscribed t.~--- ignature of Personal Representative Diane L. Pike before me this ~~ day of , a ~ l ~ Signature of Personal Representative For the Register Signature of Personal Representative File Number: 21-09- © ~ Estate of Rhuby E. Myers Deceased Social Security Number: 209-12-8898 Date of Death: 12/31/2009 AND NOW, ~ , add ~ , in consideration of the foregoing Petition, satisfactory proof having been prese before m T IS DECREED that Letters Testamentary are hereby granted to Diane L. Pike in thra ahnvc octato and that the instrument(s) dated 02/27/2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................... ........... Short Certificate(s).~,~. ~. ........... Renunciation(s) ............................. Will $ $ $ $ JCP $ Automation $ TOTAL .................................... Form RtN ~Z Rev. 10-13-2006 $ 260.00 ` ~I L,JUtJl.17tiA.~ 8.00 Attorney Signature: 15.00 Attorney Name: 23.50 Supreme Court I D. No.: 5.00 Address: Telephone: 311.50 . Hughes Esq. SALZMANN HUGHES PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 717-249-6333 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 PETITION FOR PROBATE AND GRANT OF LETTERS (Continued) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Rhuby E. Myers File Number 21-09- also known as ,Deceased Social Security Number 209-12-8898 Name Relationship Residence Paul A. Myers Stepchild 1665 Hathaway Dr. Colorado Springs, CO 80915 David R. Myers Sr. Stepchild 7525 Wertzville Rd. Carlisle, PA 17015 Lee H. Myers Stepchild 10419 Churchill Way Laurel, MD 20723 Glenn E. Myers Stepchild 261 Richland Rd. Carlisle, PA 17015 Barbara J. Weary Daughter 2047 Walnut Bottom Rd. Carlisle, PA 17015 Nancy L. Piper Daughter 6 Curtis Dr. Carlisle, PA 17013 Diane L. Pike Daughter 254 Stonehouse Road Carlisle, PA 17015 James C. Hartzell Son 244 Brick Church Road Newville, PA 17241 :i~~;tr~~ IZI`;~ rn!/m~ 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 16053272 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. L~o~tve. ~~e,~~•c~~t- - J A 4 OlU ~ ~ h Local Registrar Date Issued C7 G ° ,.~ , , , ~ ;~' ~ Y' CJ? N i .:.1 '_~.. ~ m: C ._`t _._.. '~ , a Q ~7 `H105.143 REV 11/2005 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE! PRINT IN PERMANENT CERTIFICATE OF DEATH BLACK INK (See instructions and examples on reverse) STATE FILE NUMBER In ri a a~ 0 0 1. Noma d Decedent (Flrq, rtridde, last, sumx) 2. Sex 3. N 4. Date d Death (Marts, day, year) 5. Ape last e:alaey) Under 1 year Under 1 6. Dated Berth (Madh, ar) 7. Birllplece C and state a ) Ba. Place d Death (Chedt any ar) ~(o Mar~aw lhya "°"` tarxaee 92 j ('.~- 3/' 1 Car 1 i s 1 e , P A lirepital: tmrr: rre. , , IjQlrpatlent ^ ER / OulpatleM ^ DOA ^ Nureing Flortr ^ Residence ^Otlrr - Sperdly: ' 8b. County d Deets Bc. City, Boo, Twp. d DeaM Bd. Fedlry Name (If not ontlu8on, give street and raarber) 9. Was Decedent d Hispanic Odgm7 ®No ^ Yes 10. Race: American kbien, EHadc, While, etc. Cumberland S. Middleton twp . Carlisle Regional Med. Cents %1exlan~P~rMCR~,etc.) (W its 11.Oecerlenrs lleuel tlal Kind d wok done most d Rte. Do nd elate 12. Was Decedent ever in the 13. Decedent's Edutrliort (Spedry onty highest grade oargieted) 14. Mariml Status: Marded, Never Married, 15. Surviving Spouse (N wtle, ghre melden name) Kind d Work Kind d Buairrss I Irduatry U.S. Armed Faas7 Elementary /Secondary (0.12) Cdlage (1-4 a 5+) wbDMred' ~~ Su ervisor cafeteria ^Yre ®No 12 widowed 1s. Deadenr: Meilnp (sreeL ~ /tows, , by ode) 2 5 4 S t o n e~ ou s e I2 la9cetlenre ~ DeOB~•nt D i c k i n s o n Smts P e n n s y l v a n i a Live In a „c~] res Adud fieeidanca ,7a DecederM Uved in T Carlisle, PA 1 701 5 . , wp. Towrehb7 1ro.cou<ay Cumberland 17d~^ "°~De~a~w""n AcNd ILnga d City / Rao 16. Fatlrr'a Name (FlraL rtriddle, lent, eufiix) Harold Vanasdalan 19. Mdher'a Name (Fkat, middle, maiden aumertre) F.liza Osborn 20a. Irrfornrenre Name (Type / Pdnt) 20b. Infortnanrs Malog Address (Boast, rdly / own, amts, zip code) Diane L. Pike 254 Stonehouse Rd. Carlisle, PA.17015 _ 21e. Melfxx! d Dfapositlon ^ Craredon ^ Doretlal 21b. Dam d Dgpoeioon (MorNh, day, you) 21c. I'ma d Diapcelfiort (Name d cememry, sanatory a otlnr place) 21d. Locatlon (dry /town, state, zq code) [~ eatel ^ fienaval from Smm ^ onrr - : Wa (karrratlon a oartbn Awarmaa br a.a~ larnmrrr / t:aarrr ^ vas ^ No 1 / 5 / 1 0 Mt . Ho l l S rin s Ce . Y P g Mt . Ho l l S rin s PA 1 7 Y P g r 22a Siprroxe d Funeral Service (a person ectlnp as such) 22b. Liarre Number H Name8nd1,A~rees d Faal~l ~o~lll gar H&CrematoryMt Holl Sprin s PA17065 - - ~ ~. ~ 011589E . y g , CatgMM Mama 23ec oM/ when oertltyiq 23a. the best d my kawledpe, death oaxared et the tore, dam and place stand. (Siprrlure end title) 23b. Llceree Number 23c. Date Signed (Monts, day, year) phyalcmn m not avelmbm at titre d death m cedMy ceuee d daetll. - oanre 24-28 must be carpNted by person - 24. Time d DeaM / 25. Dam Prorquaed Dad (Monnmh, day, year) 28. Was Case Referred to Medical Exemlrer /Coroner for a Reason OMar then Crertrtian a Donatlan7 wlapraararceeaeaM. ~i j~- p M. ,L ~'..~! - Gd~J ^Yes (r~io CAUSE OP DEATH (S~a InaVuctbna ram examples) r Apprexorele imm~ei: Imm 27. Part I: EMar the - dmeeaee, try, a rbmpNcelbre - tlrt directly ceueed the Jests. DO NOT enmr temlirlal events such as trtdre arrest, r Oreet to DeaM reapoamry arrest a ventdaYar BbrMetlon wtlMU Jawing the etlology. Uet only one txuee on each Ina r Part II: Ender other but not rea4linp h tlr undcdyoq cause given M Pad L 28. Did Tabacoo Uw Caadbrde to DwM7 ^ Yee Probably . r MMEDIATE CAUSE (~Fpkrd~ dleeaae a ~ r No ^ UNawvm crondtlon roeuBing n deeM) _~ e. ,~L'~c-s-~ /~ v~ l '1 !:L't, t G /~ ~L~SCS' ~ C~CI~, /T / / `~~. f~~(~ ; 2s. ,B~Fa/rmle: b (a ae a coneeaance oft: r SequenBeN N& oondtlorar. N any, b. j'}~ ~ `~ ~~ ~(~(~r ~ o) Me Ca1Ne N1md al IrIB 8 (N Fi .~-~L(Jf"R''ff~ ~J Not Ixegnam wiMin peel year ^ Pregrmnl at tlme d Jests . Due to (a e. a correglrrc. ofj: ~/ ~ ^ Nd pregnant but pregnant wiWn 42 days ~)~ ~®~ I R f C ~. a tlm' ~. gz~ ~[S fa Cr f.~/#~tc t~ r - -- d Jests Due a (a as a consequence of/. A s ~c G j~~~ ^ Nd Ixe9umt. but pngnent 43 days b ,year r - d before Jests ^ lMknown tl pregnant wtlhkr dr ~ ~ 30s. Wee an Autopsy Perfonned7 30b. Were Autopsy Firrdrge Avaleble Prbr m Carplelbn 31. Mamer d Deets r7( 32a. Date d Injury (Monts, day, year) 32b. Deecrbe Fbw Injury Occurred 32c. Pence d In' ffortr, Fenn, SIreM, Facbry, OBfce B~g, em. (SpecHy) d carne a Deana Netural ^ HorticWe ~u ^ Yss ~NO ^ Yes ^ No ^ ACCldent ^ Pendklg lnVeeligelbrl 32d. Tkrr d Injury 32e. Injury at Wark? 321. tl TranspoAatlon Irqury (SpecllyJ 32g. Location d Injury (Street, city /town, ante) ^ Sulclde ^ Could Nd be Demrndrrd ^ Yes ^ No ^ Dmrer / Operetor ^ Passenger ^ Pedestrian M Other • Speclly. 33e. Certifier (check only one) fib. Sipreture end TAIe d Certllier ~ ' CvBfyoq phyNolan (Physician artllylrg sues d Jests wfrn enolfrr physkien fro prmourad Jests arts canpleled Item 23) ~r~Y ~~l f _ ~ ~ ~ Tod»baldmylmowledpe.deatllaceunedduatoM.aauee(:)entlratmeresambe--------------------------------- ^ (~L~uti.,. - . , C/ Z / ' Pronorarekq and artltylnp phyekmrr (Phyaidan txxh praroawinp Jests and cartllylnp to sacs d Jests To tM bM d my knowNdps, death oaurrod st the time, dam, and glees, end due to Ur ease(s) erW memrr es stated . Lice n se N uMer 33d. Dam Siprrd (Month, day, year) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • hale d exammatlon and ! a Mveall atlon in o i i l th d l th th d d l ^ ' ~ y l ~v L ~~ ~l ~ l Z r 31 ~ ~~J g , my p n on, o occurre a e na, am. an p ea, and da to the ease(s) and manrrr n smted_ 34. Noma end Addrsee d Person Who Capmmd Cause d Deets (Be n 27) Type /Pros 35. Regiq are and Distriq - l i l ~ l l I b l 36. Filed ,day, Year) /~> d.n ~ /r 7if~~ ~ ~ ~ ! r v~ ~l~(~ ~ `~/~'(~ ~ - 6 ~ ~ ~ -~~~ c~-c- ~'~~ 55 Disposfiial PemN No. ~~ ~~ ~] LAST WILL AND TESTAMENT I, RHUBY E. MYERS, of the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by w my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. I give and bequeath my sofa table to my daughter, DIANE L. PIKE, if she survives me. If she should fail to survive me, I give and bequeath the same unto her husband, RICHARD L. PIKE, JR. THIRD. For the purposes of this my Last Will and Testament, a person shall not WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 be deemed to have survived me unless he or she shall have survived me by more thin, :-~ ninety (90) days. ~ ~ c.- ~-- -~ ._ --o ~• ~~~~ n FOURTH. I authorize my personal representative or representati~:~s:.~ein~er ~~` ~E ~~~ named to distribute items of tangible personal property from my Estate in'~~a~rdana~ .: © E. J with the agreement of my children therefor. Such tangible personal property shall be -~-, ...:~ ;) "I_t restricted to common personal possessions and shall not include cash, bank books, stock certificates, bonds or the like. In the event of any dispute among my children as to any such items of tangible personal property, I order and direct that the items be exposed to private auction conducted by counsel for my personal representative and confined to such of my children who shall survive me. FIFTH. I order and direct that all the rest, residue and remainder of my Estate, u real, personal and mixed, whatsoever and wheresoever situate, be liquidated and divided into two equal shares, as follows: (a) The first of said shares in equal shares unto the following children of my late husband, DAVID H. MYERS, PAUL A. MYERS, DAVID R. MYERS, SR., LEE H. MYERS and GLENN E. MYERS. If any of them should fail to survive me, I give, devise and bequeath his share unto such of his issue, if any, who shall survive me, in equal shares, by representation and not per capita. If any of them should fail to survive me and fail to leave issue to survive me, I give, devise and bequeath his share unto such of the issue of my late husband, DAVID H. MYERS, exclusive of his daughter, LOUISE A. MYERS, who shall survive me, in equal shares, by representation and not per capita. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- (b) The second of said shares unto such of my children who . shall survive me, BARBARA J. WEARY, NANCY L. PIPER, DIANE L. PIKE and JAMES C. HARTZELL. If any of them should fail to survive me, I give, devise and bequeath his or her share unto such of his or her issue, if any, who shall survive me, in equal shares, by representation and not per capita. If any of them should fail to survive me and fail to leave issue to survive me, I give, devise WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and bequeath his or her share unto such of my issue who shall survive me, in equal shares, by representation and not per capita. SIXTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anytime whether with respect to present or future interests. -3- SEVENTH. I order and direct that any liens against any personal property which passes to a designated person either under this my Last Will and Testament or otherwise shall be paid from the residue of my Estate prior to distribution as an expense of administration and that such specific bequests of personal property not pass subject to 'any liens thereon. EIGHTH. Any and all decisions, determinations or actions made or taken by a personal representative hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. LASTLY. I nominate, constitute and appoint my daughter, DIANE L. PIKE, to be the Executrix of this my Last Will and Testament, but if, for any reason, she should fail to qualify as such Executrix or decline or cease so to serve, I nominate, constitute and appoint my children, BARBARA J. WEARY, NANCY L. PIPER and JAMES C. HARTZELL, as successive alternate personal representatives hereof, all to serve without bond. IN WITNESS WHEREOF, I, RHUBY E. MYERS, have hereunto set my hand and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 seal to this my Last Will and Testament which consists of seven (7) typewritten pages to -4- each of which I have affixed my signature, this 2 7th day of February , A.D. Two Thousand Four (2004). (SEAL) Rhuby E. Mye The preceding instrument, consisting of this and six (6) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by RHUBY E. MYERS, the Testatrix therein named, as her Last Will and Testament, 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. ~v~c F~ ~~~~, Acknowledgment WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, RHUBY E. MYERS, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I -5- signed and executed the instrument as my Last Will and Testament 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 RHUBY E. MYERS, this 2 7th day of February , 2004. Notarial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Affidavit COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: We, Wayne F . Shade Rhuby E. My s Notary Pub ' c and Helen H. Shade the witnesses whose names are signed hereto, 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 and Testament; that the Testatrix 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 Testatrix signed the Will as a witness; and that, to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. -6- Sworn to or affirmed and subscribed to before me by Wayne F. Shade and Helen H. Shade 2 7th day of February , 2004. witnesses, this arm f'~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Notary Publ' Notarial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 -~]-