HomeMy WebLinkAbout01-07-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s)named below,who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: WAYNE E. MYERS File No: 21-15-f�f�
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 12/9/2014 Age at death• 55
Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State)with his/her last
principal residence at 1320 INDIAN PEG RD 17007 MONROE TOWNSHIP CUMBERLAND
5treet address,Post Office and Zip Code City,Township or Borough County
Decedent died at 500 UNIVERSITY DR 17033 HERSHEY DAUPHIN PA
Street address,Post Of6ce and Zip Code City,Township or Borough County State
Estimate of value of decedenYs property at death:
Ifdomici[ed in Pennsylvania................................All personal property $
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value ojreal estate in Pennsylvania.............................................................. $ 138.600.00
TOTAL ESTIMATED VALUE.... $ 138.6��.��
Real estate in Pennsylvania situated at: 1320 INDIAN PEG RD 17007 MONROE TOWNSHIP CUMBERLAND
(A[tach additional sheets,ijnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/they is/are the Exewtor(s)named in the last Will of the Decedent,dated 10/24/2�14 and Codicil(s)
theretodated —NONE
State relevant circumstances(e.g.renunciation,death ojexecutor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
� NO EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration(Ifapplicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and comalete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
❑ NO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if an�nd heirs(attach
additional sheets, if necessary): C'7 �--.+ �
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F'orm RW-02 rev.10/11/2011 page 1 Of 2
Oath of Personal Representative off���u5e o��Y
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
1320 INDIAN PEG RD
LORRAINE M. MYERS BOILING SPRINGS PA 17007
The Petitioner(s)above-named swear(s)or af�irm(s)the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief
of Petitioner(s�and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Swo�-n to or affffrmed and subscribed before . <��:n�1 Z� —�-� —�'�`�_�� Date
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me t ' � �' day o ` , l �` � ?C:'� � � Date
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BY� '�� � �� �` Date
,�or the Register Date
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BOND Required: ❑ YES � NO To the Register of Wi[ls: `�
FEES: Please enter my appearanc by✓�my si�ure below:
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Letters. ..... . . . . . . . . . . . . . .. . . $ Attorney Signature•
( � )Short Certificates(s) . . . . .. `�'
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( )Renunciation(s) . . ... . . . .. ��� � � ���
( )Codicil(s) .... . . . . . .. . . .
( )Af�idavit(s). . . . . . .. . . . ..
Bond Printed Name: MURREL R.WALTERS III
Commission ..... .. . ..... . . . . .. . Supreme Court
Other .. , , , , , , . ID Number: 24849
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DECREE OF THE REGISTER ' � ' -' `�
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Estate of WAYNE E. MYERS File No: 21-15 -. ' ;��.�c��.i 1 � `�-= �
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AND NOW, r f t� C l � ,'c � - , ���� , in consideration of the for.�going Petition,
satisfactory proof having been presented before� e,IT IS DECREED that Letters TESTAME�+iYARY_
are hereby granted to LORRAINE M. MYERS _
in the above estate and(if applicable)that
the instrument(s)dated 10124/2014 _`
described 'm the Petition be admitted to probate and filed of record the last Will(and Codicil(s)j of Decedent.
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(R gister of Wills CUM RLAND Q U Y^
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LAST WILL AND TESTAMENT .
BE IT REMEMBERED THAT
I, WAYNE E. MYERS, a resident of Cumberland County, Pennsylvania,
being of sound mind, memory and understanding, do make, publish and
declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and
all Wills and Codicils previously made by me.
I
I declare that I am married to LORRAINE M. MYERS, and that I have
children, COREY W. MYERS, KYLE A. MYERS and COLTON C. MYERS.
II
I direct that all my just debts and funeral expenses shall be paid from my
residuary estate as soon as practicable after my decease.
III
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 a part of the expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or personal,
wherever situate, including any property over which I may have a power of
appointment, to my wife, LORRAINE M. MYERS, provided that she survives me
by thirty (30) days.
V
If my wife, LORRAINE M. MYERS, shall predecease me, I give, devise and
bequeath, all of my property, whether real or personal, wherever situate,
including any property over which I may have a power of appointment, to my
sons, COREY W. MYERS, KYLE A. MYERS and COLTON C. MYERS, in equal
shares, per stirpes.
VI
TRUST
If my wife, LORRAINE M. MYERS, shall predecease me and I have any
children who are under the age of twenty-four (24) years, I appoint my wife's
sister, MARSHA EICHELBERGER, as Trustee of the property that I have given to
my children.
A. The Trust estate shall be administered until each child reaches the
age of twenty-four (24) years. Until that time, the Trustee shall apply all net
income and principal of the Trust estate as follows:
1) So long as my child is under the age of twenty-four (24) years
of age, the net income of the Trust shall be paid to or applied
for the benefit of my child at such times and in such amounts
as the Trustee shall in her discretion deem necessary for his
support, welfare, maintenance and education. Education
shall be defined broadly to include not only that available in
college, but also trade school and other similar training. In
the event that the income shall be insufficient to provide my
child with adequate maintenance, support, welfare or
education, the Trustee may invade the principal of this Trust
for this purpose.
2) The Trustee, in exercising her discretionary authority with
respect to the payment of income or principal of the Trust
estate to my beneficiary, shall take into consideration any
income or other resources available to my child from sources
outside of this Trust that may be known to the Trustee. The
2
determination of the Trustee with respect to the necessity of
making payments out of income or principal to my beneficiary
shall be conclusive on all persons howsoever interested in the
Trust.
3) The Trustee shall accumulate and add to principal any net
income of the Trust not paid out in accordance with the
discretion hereinabove conferred on the Trustee.
4) In the event my child predeceases me or dies prior to the
termination of this Trust, the interest of my child in the Trust
shall cease, except that if he is survived by any children, then
the Trustee shall pay net income of the Trust to or apply the
same for the benefits of such children of my deceased child, in
such amount or amounts as the Trustee in her sole discretion
may determine for support, welfare and maintenance.
B. When my child reaches the age of twenty-two (22) years, a
calculation of the property remaining in the Trust shall be made and twenty-five
(25%) of the total thereof shall be distributed to him or her.
C. When my child reaches the age of twenty-four (24) years, a
calculation of the property remaining in the Trust shall be made and the total
thereof shall be distributed to him.
D. My child, as beneficiary of this Trust, shall not have any right to
alienate, encumber, or hypothecate his interest in the principal or income of the
Trust in any manner, nor shall any interest be subject to claims of his creditors
or liable to attachment, execution or other process of law.
E. In order to carry out the purposes of this Trust established by this
Will, the Trustee, in addition to all other powers granted by this Will or by law,
shall have the following powers over the Trust estate, subject to any limitation
specified elsewhere in this Will:
1) To retain any property received by the Trust estate for
as long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3
3) To sell at public or private sale, exchange or lease for a
period of time any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments
or other instruments as may be necessary to carry out the
provisions of this Trust.
5) To borrow money and to mortgage or pledge any real
or personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee
shall serve without bond and shall receive fair and
reasonable compensation for administration of this Trust.
7) To distribute property in kind.
8) To do all other acts that are in her judgment necessary
or desirable for the proper management, investment and
distribution of the Trust estate.
VII
GUARDIANSHIP
If my wife shall predecease me and my son, COLTON C. MYERS, survives
me and is under the age of eighteen (18) years, I appoint my wife's sister,
MARSHA EICHELBERGER and my brother-in-law, JOHN EICHELBERGER, as
the Guardians of the person of COLTON. If either is unable or unwilling to act in
that capacity, then the other may act alone as Guardian.
4
VIII
I nominate, constitute and appoint my wife, LORRAINE M. MYERS, as
Executrix of this LAST WILL, to serve without bond. If my wife is unable or
unwilling to act in that capacity, then I nominate, constitute and appoint my son,
COREY W. MYERS, as Executor of this LAST WILL, to serve without bond.
IN WITNESS WHEREOF, I, WAYNE E. MYERS, have set my hand to this
LAST WILL this � L� day of 6 Ct , 2014.
✓ 4ry �� �/�< .�
WAYNE E. RS
Signed, sealed, published and declared by the above-named WAYNE E.
MYERS, as and for his Last Will and Testament, in the presence of us, who, at
his request and in his presence, and in the presence of each other, have hereunto
subscribed our names as witnesses.
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
I, WAYNE E. MYERS, 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; that I
signed it as my free and voluntary act for the purposes therein expressed.
��' f� �.��I _..
WAYNE E. � ERS
Sworn or affirmed to and acknowledged before me by WAYNE E. MYERS,
Testator, this ��I'`u'� day of (����`- , 2014.
�
�'� � ���
Notary Public
CAMMONWEALTH OF PENNSYLVANIA
Notarial Seal
- Susan L.Houck,Notary Public
Mechanicsburg Boro,Cumberland Counry
My Commission Expires Dec.3,2016
MEMBFR,PEN?;iY��✓ANIR A550CIATION OF NOTARIES
6
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND :
�
We,�l�ri�� � ����ifl � t _ and j� �'Slw/7"J(l�'I C .�/���7Lf,�
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 Testator sign and execute the instrument as his LAST WILL, that
WAYNE E. MYERS signed willingly and that he executed it as his free and
voluntary act for the purposes therein expressed; that each of us in the hearing
and sight of the Testator signed the Will as witnesses; and that to the best of our
knowledge, the Testator was at the time 18 years of age or more, of sound rr�ind
and under no constraint or undue influence.
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Sworn or affirmed to and acknowledged before me
�"� �������.� this p�1�f��iay of ���,�"D �'(/� , 2014.
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1V�otary Public
CAMMONWEALTN OF PENNSYLVANIA
Notarial Sea�
Susan L.Houck,Notary Public
Mechanicsburg Boro,Cumberland County
My Commission Expires Dec.3,2016
MEMBER,P�NMSt!_VANi�.ASSOCIATiQN OF NOTARIES
7
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
of C UM� _ : �`
2.�y �i���\ �� No. 2015- 000 9�1� PA No. 21- 15- 0011
��
J ,� Es t a t e Of: WA YNE E MYERS
O I � lFirsL Middle,Lastl
� �� �
�,�� �� La te Of: MONROE TOWNSHIP
M'„ �
y CUMBERLAND COUNTY
Deceased
Social Security No:
1750
WHEREAS, on the 7th day of January 2015 an instrument dated
October 24th 2014 was admitted to pro.bate as the last will of
WA YNE E MYERS
(Fiist,Midd/e,Lastl
late of MONROE TOWNSH/P, CUMBERLAND County,
who died on the 9th day of December 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi I1 s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
LORRAINE M MYERS
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
N
�crXny=�offic� �n the 7th day of January 20�5.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)