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HomeMy WebLinkAbout04-11-11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of DORIS L. MYERS a/k/a: a/k/a: a/k/a: Deceased ESTATE NO: 21- ~ ~~r SS NO: 184-26-2788 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D A. Probate and Grant of Letters Testamentary or ^Administration e.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary _ under the last Will of the above-named Decedent, dated 7/28/2003 and codicil(s) dated __ _ ^__ (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pit. C'.S.A. § 3323{1;): Decedent's spouse, John E. Myers, Sr., predeceased her on 10/21/2009 ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 e.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs); 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 in 23 Pa. C.S.A. § 3323(8), e`x^c'ept as follov~'s _,,-- Name Address Relati~ to Deced"~t '~ ~ ~-~ -r..t -~ --- .,. ~~-'_ ~~ i` _) J . `..~~ "1:3 ~, ..'..Y .,-„ i <'.... l,~l~. ~~r~1~rt Ic~vnL snc:r~r~s i-~ N1 c~asAltY :_:~ ~~ ~.~ ~ ,~ r_- - ; ~ THIS SECTION MUST BE COMPLETED: ~ ~ a.:; Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 1700 Market Street, Camp Hill, Camp Hill Borough, Pennsylvania 17011 __ (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then ~~ years of age, died 4/6/2011 at Manor Care, Camp Hill, Pennsylvania (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: _If domiciled in PA All personal property $ 1,(100.00 _If not domiciled in PA Personal property in Pennsylvania $ ~__ _If not domiciled in PA Personal properly in County $ _~ _~falue of Real Estate in Pennsylvania $ 140,000.00 Total Estimated Value $ 141,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 901 16th Street, New Cumberland Borough, PA Signature(s) Name(s) & Mailing Address(es) ,~,~ ~ John E. Myers, Jr., 2794 Back Road, Halifax, PA, 17032 .,~.~~ ~~~~ ..,, ~~~ ,. v. -~.~ ~~. i.,iu i _..:t~. ~ ~i t~~ ~.ui~iu~'t 1.111u l.lrUlll~' t?l'llUltl~. ~lCL1011 Ilti- In(; l.llllfl ~>~~t ~ pj~ ~ . ~ -_- ~~~ OATH OF PERSONAL REPRESENTATIVE _- ~ ~.~ ~ ~ ~ ~~= ..`.5 i ~ ~ .._. Commonwealth of Pennsylvania ~ ,''-~ -- ~' S6/ t J l ~ _ County of Cumberland ~--` ; , , _,, __ y - ~'~' ~~ ro-- =- _j The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petit~n are true grid ` 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 be me this ! ~ ~~ d f ~~ '1 i r _ ~~~ Fo~~e Register I)E~REE OF PROBATE AND GRANT OF LETTERS Estate of DORIS L. MYERS ,Deceased File Number: 21- ~~ -~~ ~ `fj ~ AND NOW, this ~ day of ~~~ ~ , in consideration of thf; Petition on the reverse side hereon, satisfactory proof ha ing been presented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted to: Qf applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) JOHN E. MYERS, JR. _ jp the above estate and that instruments(s) dated 7/28/2003 described in the peiition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. ~, ~` ~/~ ../~ - Glenda Farner Strasbaugh, r ~~~,~~. Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters ....................$ 260.00 Wtll ....................... 15.00 Codicil(s) ............... (4) Short Certificates 16.00 ( )Renunciations....... Bond ............................ Other ............................ ................................. ................................. Automation FEE......... 5.00 JCS FEE .... . ............... 23.50 TOTAL .............., .. $ 319.50 Atty's Signature ~ . ~2L~' PRINTED Name: Mark D. Hipp _ Supreme Court ID No.: 84493 Address: 3401 N. Front Street, PO Box 5950 Harrisburg, PA 17110-0950 Phone: 717-232-5000 Fax: _ 717-236-1816 Interim harm IZ4V-02 revised 12.?6.10 by Cumberland County pending action by the t:ourt Page 2 of 2 T - ,` . ~ « ~' E ,', ""~"' ~ -r <, ,. r ' 4 ; ~ ~};~ . i,7 ~"? r~ .- ~ i ! i . _ . 1~ ~ . ~ T _~ OF DORIS L. M~ERS I, DORIS L. NITERS, of New Cumberland, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an Expense and cost of administration of my estate. ITEM III: i ;~~,t;,ifcally decline to make any provision for my daughter, SHARON M. SUCHAN. ITEM IV: I give and bequeath, absolutely and in feel simple, to my husband, JOHN E. MYERS, SR., my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. In the event my husband does not survive me, I make such bequest to my ~--- _ ,~ Page 1 .~~.~ .~~ , son, BRADLEY E. MYERS, if he survives me. If my said son does not survive me, I make such bequest to my son, JOHN E. MYERS, JR. If none of the foregoing beneficiaries survive me, the property shall be distributed equally among the beneficiaries of the residue of my estate as they shall agree. If they cannot agree for any reason, my Executor shall make the decision and its decision shall be final. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will to my husband, JOHN E. MYERS, SR., if he survives me. If he does not survive me, then I give the residue of my estate as follows: (a) I give my residence located at 901 16th Street, New Cumberland, Pennsylvania and the surrounding property to my son, BRADLEY E. MYERS, if he survives me; provided, however, if my said son does not survive me, I give my said residence to my son, JOHN E. MYERS, JR. If both of my said sons do not survive me, my said residence shall be added to the residue of my estate and disposed of pursuant to the following subparagraph (b) of this P<~ragraph THIRD. (b) All of the rest, residue and remainder of my estate shall be divided equally among my sons, BRADLEY E.IVIYERS and JOHN E. MYERS, JR., and my grandson, JOHN E. MYERS, III; provided, however, if any of the foregoing beneficiaries do not survive me, I direct that their share of the residue of my estate shall be divided, distributed and/or administered in further trust, as the case may be, as follows: (i) If my son, BRADLEY E. MYERS, does not survive me, his share of the residue of my estate shall be divided equally among the shares Page 2 ~~ '~ `" /''h. , created hereunder for my son and grandson, JOHN E. MYERS, JR. and JOHN E. MYERS, III, respectively; (ii) If my son, JOHN E. MYERS, JR., does not survive me, his share of the residue of my estate shall be added to the share created hereunder for my grandson, JOHN E. MYERS, III; and (iii) If my grandson, JOHN E. MYERS, III, does not survive me, his share of the residue of my estate shall be paid to my great-~°andson, CHASE H. MYERS, provided he has attained the age of twenty-five (25) years at the time of my death. If my said great-grandson has not attained the age of twenty-five (25) years at the time of my death, the share of the residue of my estate set aside for his benefit hereunder shall be held in trust by the Trustee, IN TRUST NEVERTHELESS, as follows: (A) The Trustee shall pay to or for the benefit of my great-grandson, CHASE H. MYERS ("Beneficiary"), in convenient, at least annual, installments, all of the net income. The Trustee shall also pay to or for benefit of the Beneficiary so much of the principal of this Trust as the Trustee, in the sole discretion of the Trustee, considers necessary to maintain the Beneficiary in the proper station in life, including proper support, maintenance, medical care and college or higher education. (B) Upon Beneficiary's attainment of the age c+f twenty-five (25) years, the Trust shall terminate, and the Trustee shall distribute to the Beneficiary all the assets of the Trust. R p it Page 3 . __ (C) If the Beneficiary dies before hnal distribution of the assets of the Trust, but is survived by then living issue, the Trustee shall quarterly pay the net income from this Trust to or for the benefit of the Beneficiary's issue, per stirpes, living at each time of quarterly distribution. As soon as any one of the Beneficiary's issue attains the age of twenty-one (21) years, but in no event later than twenty (20) years following the death of the Beneficiary, the Trustee shall pay over all of the assets in the Trust to the then living issue of the Beneficiary, per stirpes. Should such Beneficiary die before final distribution of this Trust and not be survived by issue, the provisions of subparagraph (D) hereof shall apply. (D) If none of the foregoing beneficiaries survive me, my estate shall be paid to my heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at my death as if I had then. died intestate. ITEM VI: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay thE~ net i:~come and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assign~~ent, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VII: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion Page 4 ~„ c~ ~ , of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; (b) To the legal guardian or conservator of such beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit of the beneficiary. This power shall not apply to any distribution to my spouse from any trust which has qualified for the marital deduction in my estate. ITEM VIII: Should my husband, JOHN E. MYERS, SR., by Will or Agreement of Trust, establish Trusts similar to the Trusts I have .established for the benefit of my issue, the Trustee of each Trust created in this Will shall have the right to merge it with the similar Trust created by my husband for the same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust. ITEM IX: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be Page 5 ~~ established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM ~: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments," and without; being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. Page 6 ~-` ~ „ (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. Page 7 ,~ • ~ ~ ~. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a. donee of an inter vivos transfer, and as a donee under athird-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect tc- one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income Pa e 8 -~ g shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM XI: I appoint my husband, JOHN E. MYERS, SR., as Executor and Trustee of this my Will. In the event my said husband cannot act or continue to act for any reason, I appoint my son, JOHN E. MYERS, JR., to act in his place. In the event my said son cannot act or continue to act for any reason, I appoint my grandson, JOHN E. MYERS, III, to act in his place. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eight (8) pages, at the end of each page of which I have also set my initials for greater security and better identification this Z ~ ~~ day of July, 2003. ... ~~ ~i'~=SEAL) DORIS L. MYERS `~ We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ~~'...,,~ ~TU~~ (SEAL) Residing at ~ / `~ ~ ~c ~ ~- ~.- 7~5-~ 'aL, (SEAL) Residing at 9a ~ 1,~ 'r ~ S° ~ ~_ `-- --~ ,~ `"~ ~. D-- l - ` ~ (SEAL) Residing at ~ ~ ~ ~ , ~ s:.~~~~a~ ~' ~~ // 1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) I, DORIS L. MYERS, 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 Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. . 0~-~-~- ~. - (SEAL) DORIS L. MYERS Sworn to and subscribed before me this ~'~ day of :.~ 1 , 2003. '' ~ ~-..' J ~~, No ary Public My Commission Expires: (SEAL) Notaria4 Seal ~~{~y gnr-Trimmer, Notary Public SusquehannaTwp., Dauphin County My Commission Expires Mar.11, 2066 (~e~r, Pennsy4vania ~,ssooiation Of Notaries AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) n-. ~ ~~.~- ~ .~t .~ ~ ) SS: COUNTY OF ~~ ~ ) ____ We, `~ ~ ~ ~ ~ ~ rc4. --~ ~- ,~?d 6 ~ ~ ~~ ,~ m~~~~? and .~ ~ h.v ~-ha i~ . 17.,n r, n ~ ~~ 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 Testatrix, DORIS L. MYERS, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will 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 that time eighteen (18} or more years of age, of sound mind and under no constraint or undue influence. Witness Witness ~< <~ A ' ~ ~ ~~' i ness Sworn to and sub cribed befor n e this 2 ~'~ day of ~~ ~~ t " , 2003. ~,,, ~„w . N ary Public My Commission Expires: (SEAL) Notarial Seal Vicky Ann Trimmer, Notary Public SusyuehannaTwp., Dauphin County My Commission Expires Mar. i 1, 2006 3 3 0 8 4 3 1 tvten~.a~r, Pennsylvania Association Of Nota, ies