Loading...
HomeMy WebLinkAbout02-03-11PETITION FOR PROBATE ANll GRANT OF LETTE:C~~- REGISTF_,R OF WILLS OF CUMBERLAND COUNTY, PENNSYL..`v'A1~1I~~ vrf ~ ~ t' ~'~ _ ~ ~ ~'~'~ Estate of ROBERT D. MYERS File Number ~'~,=~ also known as ,Decease-d Social Security Number REBECCA S. MYERS _~- Petitioner(s), who is/are I8 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'H' BELO4V~: j A. Probate and (;rant of Letters Testamentary and aver that Petitioner{s) is /are the EXECUTOR _~ named in the last Will of the Decedent dated 9/19/2001 and codicil(s) dated N/A __ MARY A. MYERS PREDECEASED THE DECEDENT, HAVING DIED ON 10/3/~?007 ___ (Srn~e re~lwcint cii~~~uin.~~tciru~~s, E.,~., r~~ruritci~rric~ri, sleuth rif~e.rc-~~ut~rr, rtr.) Except as follows, Decedent did not marry, was not divorced, and did not have a c~~-ild born or adopted after execution of the i~nsn-ument(s) offered for probate, was not the victim ~~~kt~ a killing and was never adjudicated an incapacitated person: ls+`` '~ +'~ 'l ~ ~~~ ~"~-~~ t'- ~i`''~ r~k~ ~`~`..~ _ .. r e r r _ ,~ z .~ r~l 3 t, t._ e~'~ ~., r~ ~ ..N t ~ Y"~ ` `~ ~~` a ~ ~r~'1 i r 1 { A... ~s ~} !t_t', _ r t _. k"( / ..x v G. ( . I3. Grant of Letters cif' Adminis~r`ation ~ ` ~ ~' ~ _- (Ifnpj~licuhte, enter: c.~.u.; rl.h.ri.i.t.~i.: E~erulen~e lite~ ilin~ur~te uhse~i~tiu; ~lur~unte nunniit~uel Petitioner(s) after a proper search has /have ascertained that Decedent left no Will sand was survived by the following spor~ (if any) and~h~irs: (/f A~/rnini.ct~-utinn. c. t.c~. nr cl.h.ri.e~.t.cr_. ertte~r date oaf Will ir~t S~ctinn A uhn-~c~ urul ci>rrr~ylcte~ list of fu~irs.l C~ r-~, ~~;~ Decedent was domiciled at death in CUMBERLAND County, Pe-n-,sylvania, with his /her last principal residence at MESSIAH VILLAGE 100 MT. ALLEN DR MECHANICSBURG PA 17055 UPPER ALLEN TWP. CUMBBERLAND CTY (List .~~treet nclclrc~.~.~~. trn~'i7/<it~~, nnrn:~hi~~, cnnnt~•, .~7ute, ;.ip castle) Decedent, then 78 years of aye, died on 1/29/2011 at MESSIAH VILLAGE __ 100 MT. ALLEN DR. MECHANICSBURG __ PA 17055 Decedent at death owned property with estimated values as follows: i if domiciled in P~> Atl personal proper-gy $ _~ 400.000.00 ([f not donuciled in PA) Personal prop~a-t.y in Pennsylvania ~ _~ ([f not domiciled in PA) Personal property in County ~ _~ Value of r~°al estate in Penns~ivania $_ _~ situated as follows: Wheret~c~ru. l'~~titi~~n~r(s) respectful)}~ m~~'~]u~-st(y) the ~rohxte ot~ the last Will an~i Cudicil(sJ pr~~~~~nl~~! wi-h ibis 1'e~d~iun <-n~l thr ~;ranl ul~ I,~ucrs in lhke appr~~~p-iatc t~ar-m te- the undersigned: Sif;natur~• Typed nr printed name and residence 'r r ~ : ~¢ ~t~A S. MYERS -- - ~~~ '~~ ~~.~`~~ `~'"~ ~ `~ , `~i_ti AVE. #201 NEW YORK N'Y 10011 Page. 7 of 2 Farm R1~'-lJ' re~~. l U. E 3.06 (COMPLF.T E /N ALL CASES.;) Attac{i additional sheets if necessary. Oath of Personal Re~~resentati ire COMMONWEALTH OF PENNSYLVANIA SS COUNTa' OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(sj that the statements in the foregoing Petition are true: an~a correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent. Petitioner(s) wil~~l well and truly administer the estate accordin<_= to law. Sworn to or ~~f+-firmed anct s~.~hscribed _~_ befo -e one the _.. ~ _ clay of 1 .~ '4 ~ f .2~1_.__- ~ '' ~ r ~ ! / . x ~ r '('.~~:~,: `~ ms's Sin<<n~rf~ r,f Pc~rti~un<<! Rr~~,I~~f~.,Nnnrrivr REBECCA S. MYERS Si~;nc~nn~~ ~~f Pc~r.wux~! RI°j>I~~f~ser~trrtir~~ `'f ~' ~ Si ~nc~nn~e ~~ P~~r.~~nrltt! Rr~ ~re~se~~nliii~~° C7 `=`' Fc~i thr;' he~lster ~ t~ r --- C__ ,- _-~ _. _ . lY-a ._.... ._,-, -~ 7 ~. ~.. --,. L... `~ J `^`~ ~ t 1~ ~` G° .~ ~ _ _.~ ~. ~~, . ~ ~ „'. File Number: ~ ~ ~ ~ ~ Lf~ ~.,~,~ .. „~_;~ :_~ -,-,', __. -, __ ROBERT D. MYERS Y"~ Estate of .. , De~~s~1 =.~.~ __~ `~~' Social Security Number: 203-24-9571 1/29/2011 __ ~~~ '' l )ate of Death: .---_ AND NOW, ~ ~'~/~~~~~~~ "~ , 2011 , in cc:~nsideration of the foregoing Petition., sati<;factory proof having been presented before me, IT IS DECREED that Letters TESTAME~:NTARY _~ are hereby granted to REBECCA S. MYERS ___ ,. __ _ ~ ~~ 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 la~~,t Will (an Codicil(s)) oi-Decedent ~, ., t //~ _~` 1 , ;~ ., K('~1J'IPI'('~~i~l1.1 ~~ ~ ..a~~~'~l! i ~c~~~ Letters .......................... ~ 360.00 .x ~. . ~ ' Short Certificate(s) ......~.... S 20.00 Attorne ~ Si<~n~.tture: ~ ~ ~ __,..~ S ~ ~=~- -~----- Renunciation(s j ............. ~; JCS FEE .. WILL AUTOMATION . TOTAL ~; _23.50 Attorney Naml,.~: D,AV I D R. G ETZ, ESC.. ~; 15.00 Supreme Cour~~ I.D. No.: 34838 _~_ ~; 5.00 ,address: W'IX WENGER & WEIDNE:R ~~~ ~' PO BOX 845, HARRISBURG .... 5 ... S P,4 17108 ... S Telephone: ,~~171234-4182 _~_ .... ~; 423.50 F~„~,n R-~~-,>> ,~~~ti~. ~o. i 3.0~ Page 2 of 2 /" ,,, ~` ; ~,.. ~ i'~~ LAST WILL AN D TESTAM ENT ~:. `~ -.__. ~ =, ~~ _~ ; . . ~ 'r ~ ~-..._ L~.~ OF ; ~ ~ =~ ~ t,:::, ~~ 1'_~ ROBERT D. MYERS = ' -~-~-~~ -~--= -t-- -- ~~ ~. ,~ i ~~ ~: I, Robert D. Myers, of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to k~e my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously 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 alll such powers shall be included in my Estate. ITEM III: I give and bequeath all my household furniture ar;d f;,~rrsh;r~gs, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adornment to my spouse, Maiy A. Myers, if she 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) _~ i --~ "", ;..~~ ~.., f t..+'~ i Page 1 of 7 determine 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. STEM IV: If my spouse does not survive 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, Mary A. Myers, if she survives me. If my spouse does not survive 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 sti~rpes, 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 V~lil!, 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), i11 being my express intent that such child or children not receive any distribution as an heir nor 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 ar 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 ~/II(a) or elsewhere in my Wiil. (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 iri 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 Nan~~ 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, read estate mortgages or other securities or in such other property, real or personal, as he shall deem wise, without being restricted to ~;o-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 c-f 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 (j} To distribute my personal property directly to the Guardiann of the person of any minor beneficiaries hereunder. (k) To elect such settlement options as deemed most appropriai:e 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 Hof my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VIII: Any person, other than my spouse, Mary A. Myers, who shall have died at the same time as me, or in a common disaster with me, or who sh<~II fail to survive me by ninety (90) days, shall be deemed to have predeceased me. If my spouse shall have died at the same time as me, or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, this 'Will shall be construed as if, and I shall have been deemed to have predeceased my spouse. 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, ~^~ithcJt securing court order. Said Guardian shaii have aii the rights and privileges as to the Guardianship and the assets thereof as are herein grantE;d to my Executor as to my Estate and the assets therein. ITEM X: I nominate, constitute and appoint my spouse, Mary A. Myers, to be my Executor. In the event of the death, resignation, refusal or inability of Mary A. Myers to serve as my Executor, I nominate, constitute and appoint my daughter, Re~-ecca S. Myers, to serve as Executor in her 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 ~~ ` ~~ day of `~ ~~~~ , 2001. s~7 ~~. ,C.s2.J ._.- Robe D. Myers SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testator, Robert D. Myers, as and for his Will, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witn sses in attestation thereof. ~~ ';~. -, ~ ~ a . ~~ ~' ~ ~ Address_.~?~L ~( ~ ~~ v~ ^v ^ r~ _ ~ .~ F ~ j r ~, - . _ ~ c~ r f , ,, __~ ~. P` i ~,' ~-~- -- ~~.~ A ~~ ~ ,, ~- _. , ~.~ , ,, ~ ~ ~_ ~ _. ,,___ ~ _ ~ (~ ~ ` Address ~• . ~~ ~ ~ ,.~ ~~> ~ ~~~ ~- ~ ~ ~~,~;:'~ ~~ r.._ r . - ; E ,~ r - ~ <"' - ~ Page 5 of 7 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~~ ~ ~ J ~ '~-~ I, Robert D. 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.. Sworn to or affirmed and acknowledged before me by Robert D. Myers, the Testator, this day of ~~ .~.~• ~~~~~~ ~,~ .t~' , 2001. ,~ ,. l .,......wr ./' Rob rt D. Myers, Testator ~^ dry PubliQ' 1 y Commission Expires: (SEAL) ~Je±~ri~+2 f./. Jer7isF~ B ~+i~illi~r?~a~„rt. ~~ .,_ ~~; t~arr~sburg, ~.Ja~a~ ~,,.. ~, „a,_, , My conrim9ssion ~x~ ~:.~~>; ~:~'t Member, F~~~~~s~~ly=~~~~;. Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~ ~~'' ~ r~ ' '' JI SS. ,~ - ~-~ =~ and ' -=~ ~'~ ~~ ' ~~~ ~~' v~ ~ ~.~ ~ ~~~~ ,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 Testator sign and execute the instrument as his Last Wili; that the Testator signed willingly and executed it as his 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 knc>wledge, the Testator 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 to before me by ~ ~ hflrrt-.`, ~ %,' , ' ~ - ~~ ,`'t;~ ~ ~r !' ~~r r~' t and ~ ~ ~~ ~i ~ ,~ ~. ~~°~~- ~~ ~~ ~~u witnesses, this T~ -day of / L ' f ff1 t..,%~ /I,~, , ~ ,~~ ~ ~~ ,O , W' Hess l ' ,~ . ~. Witness t f ~ .Y ~~ ---- VVitness ~, iv..eTary rugiic My Commission Expires: (SEAL) F:\dbw\Wills\Myers\Robert - Will.doc Page7of7 °'~renise ~' Williar~~;ort, fi ca.- r~; ~~i i lL~r~j-~ ~X L f~~ ~~~: t S~' ~ A 1vly C(,~i (f l9"c'i 7,`f~[i ~-;~,'t ")'~sj '~ ~'~l' ~ -r1 !.j-i k.--..._..-.~__...._..,..~...~...._....a__.M .~...._........