HomeMy WebLinkAbout03-17-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of MARIE A. MYERS File Number 21 -11 _ 3 ~~
also known as
,Deceased Social Security Number 195-32-1315
HAROLD E. MYERS
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or 'B' BELOW.•)
Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXECUTOR named in the
last Will of the Decedent dated 04/05/2004 and codicil(s) dated
(State relevant cirwmstances, e.g., renundation, death o/executor, etc.)
After the execution of the documents offered for probate: Decedent did not ma ~ was not divorced; was not a party to a pending divorce proceeding
wherein grounds for divorce had been established as provided in 23 Pa. C.S.A.~3323 (g); did not have a child bom or adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
B. Grant of Letters of Adminlstration
ap ice , en er. c..a.; ..n.c..a.; n uren a n a; uran na a e
Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was surv'IVed by the following spouse (if any) and heirs (tf
Administration, c.t.a. ord.b.n.c.t.a., enter date of Will on Section A above and complete list ofheirs); was not the victim of a killing; was never
adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as
provided m 23 Pa. C.S.A. § 3323 (g), except as follows:
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~,°°
202 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257
(List street address, town/city, township, county, state, zip code)
Decedent, then 90 years of age, died on 03/04/2011 at GREEN RIDGE VILLAGE, NEWVILLE, PA 17241
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
All personal property
Personal property in Pennsylvania
Personal property in County
~Anw~ 450,000.00
Unknown
situated as follows: 202 MUD LEVEL ROAD, NORTH NEWTON TOWNSHIP, CUMBERLAND COUNTY, SHIPPENSBURG, PA 17241
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
2 CHENELLE LANE
SHIPPENSBURG, PA 17257
Form KW-UL Rev. 12-28-2010 (ntedm form, pending action by the Court) Copyright (c) 2010 forth 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.
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Sig ature of Personal Representative HAROLD E. MYER ~ = '~°
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Signature of Personal Representative ~~~ m~ ~
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File Number: 21 -11 -.~~-`~
Estate of MARIE A. MYERS ,Deceased
Social Security Number: 195-32-1315 Date of Death: 03/04/2011
AND NOW, ~~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to HAROLD E. MYERS
in the above estate
and that the instrument(s) dated 04/05/2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............................................ $ Q . *~~
Short Certificate(s) ........................ $ ~•
Renunciation(s) ............................. $ L), ~~
$ ~ jj . S~ _
~~~ LI $ I.~r~~
$
Ar
Supreme Court I.D. No.: 10264
Zullinger Davis, PC
Address: 20 East Burd Street
$
$
$ Telephone:
$
$
TOTAL .................................... $ ~,
Suite 6
Shippensburg, PA 17257
717/532-5713
Form RW-O2 Rev. 10.1&2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Pege 2 of 2
Swom to or affirmed and subscribed
before me this ~ ~ N'~ day of
Attorney Name: Hamilton C Davis
IOS.t305 REV (01107) / ~
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 17263417
Certification Number
H706113 REV 11/1006
TTPE! PRM «
PERMANEM
&ACK qIK
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 he forwarded to the State Vital
Records Office for permanent -ding. '
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LAST WILL AND TESTAMENT
I, MARIE A. MYERS, of North Newton Township, Cumberland County,
Pennsylvania, declare this to be my Last Will and Testament and revoke any Will or Codicil
previously made by me.
ITEM I: I direct that all my just debts (except as may be barred by a Statute of
Limitations) and my funeral expenses (including my gravemarker and expenses of my last
illness) shall be paid from my residuary estate as soon as practicable after my decease as a
part of the administration of my estate.
ITEM II: I bequeath those articles of my household furniture and furnishings
and those articles of my personal effects and personal property as set forth in a separate
memorandum (which is signed by me, dated and makes specific reference to this Will and
memorandum, which I shall place with my Will or deposit with my attorney), to the persons
therein designated.
ITEM III: I bequeath the sum of $2,000.00 to my church, The Shippensburg
First Church of God, 121 East King Street, for general church purposes.
ITEM TV: I devise my residence real estate situated in North Newton
Township, Cumberland County, Pennsylvania (which has an address of 202 Mud Level
Road, Shippensburg, PA 17257) to my sons, HAROLD E. MYERS and PHILIP C.
n
MYERS or the survivor of them. 'This gift is made free of and is intended toee of fire
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provisions and limitations of Section 2514, Subsections 16.1 and 16.2 of the~e~ylvat~ia
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Probate, Estates and Fiduciaries Code. It is my intention hereby that my attorney-in-fact or
agent acting pursuant to a Power of Attorney which I am simultaneously herewith executing
or have heretofore executed or may hereafter execute or any guardian of my estate should
one be appointed, either before or after my possible incapacity or other disability, shall be
free to sell, mortgage or otherwise dispose of this real estate, if such sale, mortgage or other
disposition shall, in the sole discretion of my attorney-in-fact, agent or guardian, be needed
for my care, comfort, support or health, free and unrestricted by the provisions of the above
referenced Sections. To carry out my intent and purpose hereunder, I specifically make the
above gift free of any rights or claims of the legatees or devisees during my lifetime.
ITEM V: I devise and bequeath the residue of my estate of every nature and
wherever situate in three equal shares, share and share alike, one each to my two sons,
HAROLD E. MYERS and PHILIP C. MYERS, per stirpes, and one divided equally among
my three grandchildren (the children of my late daughter, Anita), ANGELENA BITTER
KING, JASON BITTER and JEREMY BITTER, per capita. Should either of my sons
predecease me but leaving descendants who do survive me, such descendants shall receive,
per stirpes, the share that such son would have received if he had survived me.
ITEM VI: If any property passes outright (either under this Will or otherwise)
to a minor (which shall be defined as anyone under twenty-one (21) years of age) and with
respect to which I am authorized to appoint a guardian and have not otherwise specifically
done so, I decline to appoint a guardian but instead authorize my Executor to distribute such
~ ~~m
property to a Custodian selected by my Executor (and my Executor may act as such
Custodian) as Custodian for the minor under the Pennsylvania Uniform Transfers to Minors
Act. Provided, however, that this appointment shall not supersede the right of any fiduciary
to distribute a share where possible to the minor or to another for the minor's benefit.
ITEM VII: I direct that all taxes that may be assessed in consequence of my
death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my
residuary estate as part of the expenses of the administration of my estate.
ITEM VIII: I appoint my sons, HAROLD E. MYERS and PHILIP C. MYERS
Co-Executors of this my Last Will.
ITEM IX: I direct that my Executors or Custodians or their successors shall not
be required to give bond for the faithful performance of their duties in any jurisdiction.
ITEM X: My individual fiduciary shall be entitled to reasonable compensation
for his or her services rendered from time to time and to reimbursement of out of pocket
expenses.
ITEM XI: The interests of the beneficiaries hereunder shall not be subject to
anticipation or to voluntary or involuntary alienation.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will
~~~
3
and Testament, written on five (5) sheets of paper, dated this
5 ~"
r
t , 2004.
day of
(SEAL)
• Marie A. Myers
The preceding instrument, consisting of this and four (4) other typewritten pages,
each identified by the signature or initials of the Testatrix, was on the day and date thereof
signed, published and declared by 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.
' residing at S '' ~
~~ residing at ti~lw
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND
I, MARIE A MYERS, the Testatrix 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 ~ i~¢ec .n , M. t,[-S ,the
Test 'x, this ~~ day of
~~Q. ~, 2004.
Notary Publi
(SEAL)
Marie A. My s
COMMONWEALTH OF PENNSYLVANIA
Nichols J. KeNerk Notary p~
SMpPensburg 8oro, Grrrrber~
My Commission Expires ~ 3,County
Member, Pennsylvania Association Of Notaries
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND
We,~~~t~-rc~1y C .~u. S and i ~EsA ~ ~ ~Q.l~ dlac_~ t=om,
the witness 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 Testatrix sign and execute
the instrument as her Last Will; 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 (18) or more years of age and of sound mind and under no
constraint or undue influence. /~ ,
Sworn to or affirmed and subscribed to
before me l5~ ~ ~,,,--oti, f`. ~v~ S and
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~=~ "- ke ~ witnesses,
~~ ~',~, day of _ , 2004.
COMMONWEALTH OF PENNSYLVANIA
Notary Pxtblic
Notarial Seal
I~irtrole J. KeNert, Notary Public
Sitippensburg Bao, Grmberiastd Courtly
My Commission Expires Sept 3.2007
Member, Pennsylvania Association Of Notaries
PERSONAL PROPERTY MEMORANDUM TO
ACCOMPANY WILL OF MARIE A. MYERS
As provided in ITEM II of my Will, I hereby designate that the following listed property shall
go to the persons whose names are designated hereon.
NAME ITEM
My Grandson, Greg Table that Greg gave me
My Son, Harold Stand in living room 3 leaves to put down
Grandpa light
Grandpa mirror in hallway
Dry sink in kitchen
My Son, Phil Corner cupboard in kitchen
Great Grandfather clock
Joyce and Bonnie Dishes and fancy work -divide as agreed
upon or give to their children
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DATED: n~,, ~ S . z~bcJ SIGNED:
~- Marie A. ers
REGISTER OF WILLS OF
RENUNCIATION
CUMBERLAND
Estate of MARIE A. MYERS
COUNTY, PENNSYLVANIA
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PHILIP C. MYERS , in my capacity/relationship as
(Print Name)
SON
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
HAROLD E. MYERS
~~
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(sig"at°,~) HILIP C. RS
225 OTT ROAD
(Street Address)
SHIPPENSBURG, PA 17257
(City, State, Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this da party executing this renunciation and certified
Y that he or she executed the renu ~i~~on for the
of purposes stated within on this _..L_day
of t'Yrzr~.h , a01)
G~
Deputy for Register of Wills Nota Public
My Commission Expires:~~,~~j~b/~
(Signature and seal of Notary or other official qual ed to
administer oaths. Show date oT expiration oT Notarys commission.)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Angela M. Schaeffer, Notary Public
Shlppensburg Boro, Cumberland County
Form RW-06 Rey. ta~~-zoos My Commissfon Expires May 15, 2011
Copyright (c) 2008 Conn software only The Lackner Group, Inc. Member. Pennsylvania Association Of Notaries