HomeMy WebLinkAbout03-28-05
Register of Wills CUmberland County I Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of
Rose A. Myers
No.
).... \ -~ S - J...% '\
also known as.
, Deceased
Social Security No. 172-01-3610
Jean A. Adams, Annette E. Hackenberg and Dawn A. Patrick,
Petitioner'I), who lalare 18 yUrt of ag_ at okMf, apply()al1or:
(COMPLETE "A" OR "B" BELOW:)
~
A. Probate and Grant of letters and aver that Petitioner(s) is/are the execut rice$lamed in the last Will of the
Decedent, dated April 8, 2002 and codicil(sl dated none
State ,etevent Qf~. e-G., tenUnoiation, dam 01 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 documents offered
for probate; was not the victim of a killing and was never adjudicated incompetent:
[J
B. Grant of letters of Administration
N/A
~c.t.... d.b.n.c.t...: pendante lite; durante absentia; clur."t. minctit....}
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the f~liowing spouse
(if any) and heirs:' j '. J
Name
Relationship
Residanc.~ .",
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 205 West Marable Street, Mechanicsburq, Boro of Mechanicsburq, Cumberland County, PA
eN.. ..,.... nu.....' ... muni<ipoNtyl Claremon t Heal th & Rehab,
Decedent, then -2.L years of age, died March 2 ,20.Q2, at Carlisle, Middlesex Township,
lloc8tlonJ
Cumberland County, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property .............................. $
(If not domiciled in PAl Personal property in Pennsylvania. . . . . . . . . . . . . . . . . . . . . . $
(If not domiciled in PAl Personal property in County. . . . . . . . . . . . . . . . . . . . . . . . . . $
Value of real estate in Pennsylvania ............................................... $
Total ........................................................ . . . . . . $
Real Estate situated as follows: none
45,000.00
n/a
n/a
o 00
45,000.00
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:
Typed or printed name and residence
Jean A. Adams
700 W. Keller Street Mechanicsbur
PA 17055
Annette E. Hackenberg
16 North Acorn Drive
PA 17007
RW-7
Dawn A. Patrick
60 Impala Drive, Dillsburg, PA 17019
H 105.805 REV [/05
This is to certify that the information here given is correctly copied from an original certificate of death dlfly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
~~
Local Registrar
Fee for this certificate, $6.00
p
11336682
~ 3 cJffO~
) Date
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Hl05.143 Rev. 2/81
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
STA.TE FILE HUMBER
TYPEJPRlNT
III
PERMANENT
BLACK INK
o
~ 1705
~ 1705
..
NAME OF DECEDENT (First, Mtddle, last)
" Rose
AGE (last BUtMay)
5.
COUNlY OF DEATH
Yrl.
SEX
female
P A H
HOSPITAl;
'-..0 0
10,
f ACIUTY NAME (tt nOt institution. give stleet and number)
SOCIAL SECURITY NUMBER
3.172 01-
99
'RiO_ 0
WAD
-.-0 ~I 0
RACE ~ American Indian, BWck. Whi&e, .
(Specit;)
10. W hit e
SURVIVING SPOUSE
(Wwrt.."'MtnaldentlMlll)
lb. Cumberl and
DECEDENrs USUAL OCCUPATION
l<:~or~~u:.~
'laremont Health and Rehab
AS DECEDENT EVER IN
U.S. ARMED FORCES?
v..o NOijl
lZ,
.."
Mechanicsburg
titylbofo
PA 1705
24.
27. PART I: E".., 1M dl.......lnJUAM 01 c_pUcaUona Wt\kt\ c~ OM. ..--.. Do not anWl' u.. mod. of drlng. aueh.. '.rdl..: or ....plr.tqry ..,...1, ....ock G' MI" ,,,lurl.
L1a. only on. C...,.I on ..ch Iln..
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,
SequenliaUy Ai$l conditions
if all)'. leading 10 immediate
cause. Enter UNDERLYING
CAUSE (04seas.e Of injury
.. thai Wiitiated eltl8nl5
resulting OIl death) LAST
WAS AN AUfOPSV WERE AUTOPSV FINDINGS
PERFORMED? AVAILABlE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
I:
DUE TO (OR AS It CONSfQUENCE OF)~
DUE TO (OR AS ACOOSEQUEHCE OF}.
Due TO ( AS A. CONSEQUENCE ):
Y..o
MANNER OF DEATH
Natural KI Hornicido 0
Acddont 0 Pending Investigation 0
SUicide 0 CoukJ nol be delennined 0
DATE OF INJURY
(Monltl. O_Y. Vear)
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED.
a::
21.. 28b.
CERnFIER (Check only one)
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29.
30... 3Gb. M
PlACE OF INJURY. At home, farm, streel, factory, office
bt.Iilding, etc. lSlM~1
30..
........0
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Yes 0 No JKJ
NOD
"PRONOUNCING AND CERTIFYING PHYSICIAN (Ph'l~ both p1Oflouocing Qeath .;and certify~g to cause of death)
To the b... 01 my knowledQ.. d..th ocCUlted .. the t1nM, d.... and place, .0'1 due to the caus.lo{s) and manner ilia aLilted. ..'
"MEDICAL EXAMlNER./CORONER
~~~~:rb::l:.::.~~~l.~~~l~~ ~~,~~.~ ~~~~~~~~~~~: .~.~ .~~.,~~~:.~.~~~ .~~~~~~.~.~. ~~~, ~I.~~:. ~.~~~:. ~,~~.~~~.~~:. ~~~ ,~.~~. ~~ ,'~~. ~~.~~,~~.~~~ .~~~., 0
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
II
t
I, ROSE A. MYERS, now of205 West Marble Street, Mechanicsburg, Cumberland County,
Pennsylvania, 17055, do publish and declare this to be my Last Will and Testament, hereby revoking
all other prior wills and codicils made by me.
FIRST: Family Back2round and Appointment of Executor.
(A) Family and Back2round Information. I am not currently married. My child is JEAN
A. ADAMS. Throughout this Will, JEAN A. ADAMS, will be referred to as "my child" or ''my
daughter". The word "issue" will include my child as well as my other descendants.
(B) Appointment of Executor . I appoint as my Executors (all hereinafter referred to as
Executor throughout this Will), the following named persons without being required to account to
any Court:
Executors: My daughter, JEAN A. ADAMS, my grandaughter,
ANNETTE E. HACKENBERG, and my grandaughter,
DAWN A. PATRICK, to act jointly or individually.
(C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled
"THE MYERS F AMIL Y IRREVOCABLE TRUST", by and between ROSE A. MYERS, as
Settlor and ROSE A. MYERS and JEAN A. ADAMS, as Trustees, as now in effect or as may
hereafter be amended.
SECOND: Funeral and Last lllness Expenses: Taxes.
(A) Expenses of Funeral and Last lllness. I direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy,
transfer and other death taxes or duties, by whatever name called, including any and all interest and
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGE 2
penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will. Without any apportionment otherwise required
by law and without being prorated or apportioned among or charged against the respective devises,
legatees, beneficiaries, transferees, or other recipients of any such property or charged against any
property passing or which may have passed to any of them, I direct that any taxes so paid shall be
charged against my residuary estate. My Executor shall not be entitled to reimbursement for any
portion of any such taxes from any such person. The foregoing provisions of this Article SECOND
shall not apply to such portion or portions of said taxes, interest and penalties which may be required
to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph
FIRST (C), above.
TIDRD: Tana:ible Personal Property. Except for those items excluded below and those
items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including
but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects,
motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my daughter,
JEAN A. ADAMS, living at the time of my death.
Notwithstanding any other provisions in this Article TIllRD, I may leave a separate, dated
and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under this Article TmRD, and such Letter
of Instruction shall determine the distribution of such items.
FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder
of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am
legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST
(C) of this Will, to be held, administered and distributed pursuant to the terms thereof, as the same
may be amended from time to time. By this devise and bequest of my residuary estate I hereby
exercise all Powers of Appointment I possess at the time of my death except any power of
appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will.
FIFTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be vested
with the following specific powers and discretion, in addition to the powers as may be generally
conferred from time to time upon the Executor by law:
RAfJ\
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGE 3
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such instruments, deeds, or other documents as may be deemed
necessary or proper, including the following powers, all of which may be exercised without order
of or report to any Court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any term notwithstanding the period of the Estate, and to grant
options, including any option for a period beyond the duration of the Estate.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard to any law now or hereafter enforced limiting investments of
fiduciaries.
(3) To retain for investment any property deposited with the Executor hereunder.
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regard to any reorganization, merger, consolidation, liquidation,
bankruptcy or other procedure or proceedings affecting any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for their
servIces.
(6) To compromise, settle or adjust any claim or demand by or against the Estate and
to agree to any rescission or modification of any contract or agreement affecting the Estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure the same
by mortgaging, pledging or conveying any property of the Estate.
(8) To retain and carry on any business in which the Estate may acquire an interest,
to acquire additional interest in any such business, to agree to the liquidation in kind of any
corporation in which the Estate may have an interest and to carry on the business thereof, to
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGE 4
join with other owners in adopting any form of management for any business or property in
which the Estate may have an interest, to become or remain a partner, general or limited, in
regard to any such business or property and to hold the stock or other securities as an
investment, and to employ agents and confer on them authority to manage and operate the
business, property or corporation, without liability for the acts of such agent or for any loss,
liability or indebtedness of such business if the management is selected or retained with
reasonable care.
(9) To register any stock, bond or other security in the name of a nominee, without
the addition of words indicating that such security is held in a fiduciary capacity, but accurate
records shall be maintained showing that such security is a Estate asset and the Executor
shall be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such
property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such person. If such person should die
before becoming twenty-one (21) years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian, but shall
be authorized to payor deliver the same to the custodian of such person, to payor deliver the same
to such person without the intervention of a guardian, to payor deliver the same to a legal guardian
of such person if one has already been appointed, or to use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into separate trusts or shares, the
Executor shall be authorized to make the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property distributed or divided in kind, and
the distribution and division made and the values established by the Executor shall be binding and
conclusive on all persons taking hereunder. The Executor may in making such distribution or
division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall be authorized to lend or borrow, including the right to lend to or
borrow from any trusts which I may have established during life or by will at an adequate rate of
RJ\M
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGES
interest and with adequate security, and upon such terms and conditions as the Executor shall deem
fair and equitable.
(F) The Executor shall be authorized to sell or purchase at the fair market value as
determined by the Executor, any property to or from any trust created by me during life or by Will,
even though the same person or corporation may be acting as Executor of my estate or as Trustee
of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
equitable and fair under all the circumstances, including the power to amortize or fail to amortize
any part or all of any premium or discount, to treat any part or all of the profit resulting from the
maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal
or apportion the same between income and principal, to apportion the sales price of any asset
between income and principal, to treat any dividend or other distribution of any investment as
income or principal, or apportion the same between income and principal, to charge any expense
against income or principal or apportion the same, and to provide or fail to provide a reasonable
reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence,
all as the Executor may reasonably deem equitable and just under all the circumstances. If the
Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in
accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the
corresponding provisions of subsequent state law.
(H) If at any time the total fair market value of the assets of any trust established or to be
established hereunder is so small that the corporate Trustee's annual fee for administering the trust
would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then,
in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to
establish such trust, and in such event the property then held in or to be distributed to such trust shall
be distributed to the persons who are then or would be entitled to the income of such trust. If the
amount of income to be received by such persons is to be determined in the discretion of the Trustee,
then the Trustee shall distribute the property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the Trustee in its discretion shall
determine.
(I) Except as otherwise provided in this Will, when the authority and power under this
Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held
RAM
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGE 6
jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may
exercise any authority or power granted under this Will or granted by law, and may act under this
Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial
acts shall be void. The action of one such Executor or Trustee under this Will may be validated by
a subsequent ratification of the act by a majority of the Executors or Trustees.
SIXTH: Rights and Liabilities of Executor and Trustee.
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any
investment, the overall performance of the entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
SEVENTH: Tax Elections.
(A) In determining the estate, inheritance and income tax liability relating to my Estate,
the Executor's decision as to all available tax elections shall be conclusive on all concerned. In
accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is
actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer
(GST) exemption amount as will fully exempt any generation skipping transfer which may occur
under this Will.
(B) The Executor may, in its discretion, determine the date as of which my gross estate
shall be valued for the purpose of determining the applicable tax payable by reason of my death.
(C) The Executor may, in its discretion, decide whether all or any part of certain
deductions shall be taken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part of
such deductions are taken as income tax deductions, no adjustment of income and principal accounts
-L\A-M- ~
LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGE 7
in my estate shall be made as a result of such decisions.
EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid exercise
of a power of appointment. No part of the estate shall be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of
a beneficiary.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Captions. The captions set forth in this Will at the beginning of the various articles
hereof are for convenience of reference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(C) Children. As used in this Will, the words "child" and "children" shall include
persons who are legally adopted and the issue of said persons, whether born in or out of wedlock,
so long as any person born out of wedlock is acknowledged in a written instrument executed by the
one of their natural parents who is a descendant of mine to be the child of said descendant. The word
"issue" shall include descendants of all generations including adopted persons. A posthumous child
shall be considered as living at the death of his parent. The birth to me or the adoption by me of a
child or children subsequent to the execution of this Will shall not operate to revoke this Will.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue eode of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other genders, and the use of either
the singular or the plural includes the other.
(F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers
of Appointment which I possess at the time of my death except any power of appointment which I
possess under the Trust described in Paragraph FIRST (e), above.
RA 1"1
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LAST WILL AND TESTAMENT
OF
ROSE A. MYERS
PAGE 8
IN WITNESS WHEREOF, I, ROSE A. MYERS, the Testatrix, have to this my Last Will
and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my
hand and seal this ~h day of April, 2002.
_17~A~
ROSE A. MYERS
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each ofus
further declares that he or she believes the Testatrix to be of sound mind and memory. The
preceding instrument consists of this and eight (8) other consecutively numbered typewritten pages
including the Acknowledgment and Affidavit.
residing at ~}fIJJ
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---V:;+Ofi(A. H~Ctl')\<\V\
(print name)
residing at C Cc Y"Ip ~ \ \ I P A-
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ClThffiERLAND
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix signed and executed the instrument
as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed
another to sign it for her; that she executed it as her free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testatrix sign and execute the
instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix
signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
1<~A~
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this "8 i!) day of April, 2002.
d8~CulW-c )
Notary Public
My Commission Expires:
NotarIal Seal
Ten L. Walker, Notary Public
I.e~ Boro, CiJrnberf8nd County
My CommIssion ExpIres Jan. 20, 2003
Member, Pennsylvania AssocIation ot Notartes
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed 'X ~ d" ~'-7u..4-/
~a~:;C~
. Vle E. HaCke~ '
)( l,ruQ · trI'~
Dawn A. Patrick
before me this i ~ ~'"
day of
2O~S
~~ ~~ ~~,~,
~~.~~\ ~~<;j ~~
"'~RI;:~
DECREE OF REGISTER
Estate of
Rose A. Myers
Deceased
No.
"'J..'-~s-~~~,
also known as N / A
Social Security No: 172-01-3610
Date of Death: March 2, 2005
AND NOW, , 20 -' in consideration of the Petition
,
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 0 Testamentary 0 of Administration
(c.'-..; d.b.n.r..t.; J)lndent. ....; dul"'U~ "..._uia; dur"". minotilatel
are hereby granted to 'Jean A. Adams, Annette E. Hackenberg and Dawn A. Patrick
in the above estate and that the instrument(s), if any, dated April 8, 2002
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Short Certificate(s).......... $
Renunciation...... ..... ....... $
Affidavit ( )................. $
Extra Pages ( )............ $
Codicil.......................... $
JCP Fee., .... .................. $
Inventory & Tax Forms... $
Other...,........................ $
~~R~~ ~~~)
~ C\<., '(~, ~'\'\) ~~~
Letters........................... $
Attorney: Lowell R. Gates, Esquire
1.0. No: 46779
Address: Gates,. Halbruner & Hat,~)1, P.C.
1013 Mumma Rd., suite 1Qo,tetrloyne, PA 17043
TOT AL.......... ..~...
$
Telephone: (717) 731--9600
DATE FILED: -~,
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