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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 �--.+ � � � � �"r1 Name Relationship A�r� =� � � ,_ � � --i �`:' �? � �rp r�i .,, .d.._ _.. . :;., i:�) _ .. _ . ,, ,... . _. � �? _, �.3 c,_a � '"� '�7 --_ ,.,Y G'7 :1 W �-- � �`"'� _. w � `�I 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 , me t ' � �' day o ` , l �` � ?C:'� � � Date ,� � BY� '�� � �� �` Date ,�or the Register Date i . � BOND Required: ❑ YES � NO To the Register of Wi[ls: `� FEES: Please enter my appearanc by✓�my si�ure below: �:�r,` i �(r L?.c �__ / ,, Letters. ..... . . . . . . . . . . . . . .. . . $ Attorney Signature• ( � )Short Certificates(s) . . . . .. `�' � ( )Renunciation(s) . . ... . . . .. ��� � � ��� ( )Codicil(s) .... . . . . . .. . . . ( )Af�idavit(s). . . . . . .. . . . .. Bond Printed Name: MURREL R.WALTERS III Commission ..... .. . ..... . . . . .. . Supreme Court Other .. , , , , , , . ID Number: 24849 -� , , �s , ���'' ' ' ' �t� ��� Firm Name: WALTERS&GALLOWAY, PLLC . .��. . � r��C`l% . ,.,.�, _ �.y; --.. . . . . . .. �`���~t� Address: - 54 E. MAIN ST � ' ' �� � � � � � MECHANICSBURG PA 17055 � • • • • •• • � Phone: 717-697-4650 `�" � ... . . . . . . � Faac: 717-697-9395 � .a �^ � m Automation Fee . . . .. . . . . . .. . . . . . ti�' '� t-" Email: murrelCaawalters�ltvwav.c� c� � JCS Fee .... . . . . . . . . . . . . . .. . . . . `> (1�-, t„n � n �n � TOTAL ... . . . . . . . . . . . . . . .. . . .$ ,%�-�`j. c`'(�'� , , _: �._ �� �.�..r � r�� �`�r � c:> : ..„� c::� DECREE OF THE REGISTER ' � ' -' `� L' c:� � �� _� `rl Estate of WAYNE E. MYERS File No: 21-15 -. ' ;��.�c��.i 1 � `�-= � _..� �' a/k/a: "� ��� ——_ :::> � `Y7 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. � �t � �, '; ,�.�. f- �.��� (R gister of Wills CUM RLAND Q U Y^ . , Form RW-O2 rev.IO/11/2011 �� � ' ���-)�� �� - �,�1 ���•.�'�'� � ��.�Z� �� 2 of 2 , � , � ' l �. � e� � � � c � rn n � � � � ca . , , „ � � n � ��� � � :i:':. r-- ;� rt� a ` � !-�� -� :..; �� , , _ . � ;., _ . , � . , �'l, y 1 ..:�.� �` ' c:+ � --y'j ...: i C7 ,:, c�o r.:W r�n � �� ��_ c� _ �' �„ �7 - E—+ 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. � �4 1 ,��/', i CL-� .:���G�G�GF�'n� �.,� �.� _� 5 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. J � � ,; ,` '��•� ,�r��2t �)2.i�':�% C�� ``--���� '� � Sworn or affirmed to and acknowledged before me �"� �������.� this p�1�f��iay of ���,�"D �'(/� , 2014. , � � � �C�.v� � �1�C:��2 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. � 9 � '"-� (.. ' . ` '-'� f i�l �,�/ r i '��f��f' la.. La.. (.l� C �..;� );�: G • }�., + � t� �� �C. � � � C� �:' ; �;; :� � F . � � Register of W�/s C�— � 1 " ,—� I�J 4,..a L i .� 1 1�,3 �,., ;� �. � � ; { i �f A /� � � 3 � , � � � � c.�.� � i.�.� ����'J° �-��? ' � ��� ' -�. ` :.._�.;. }��� �� r��f''j � �� Deputy.- � C�1 � ..�� d--' ;� fi i i � � � p � �;' / c�� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)