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HomeMy WebLinkAbout09-01-05 BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR GRANT OF LETTERS Estate of C Jane Myers No.-.lJ - 0 5 -01 g3 also known as Clara Jane Myers C Jane Myers , Deceased Social Security No. 199-07-8510 Bonnie L Moyer Petitioner(s), who is/are 16 years of age or older, apply(ies) for : (COMPLETE "A" OR "B" BELOW:) n A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or named in the Last Will of the W Decedent, dated 3112/2001 and cOdicil(s) dated Bonnie L Moyer and Susan D Wertz are the named Co-Executors. Said Susan D Wertz has renounced in favor of Bonnie L Moyer. State relevant circumstances, e.g., renunciation, death of executor, ete 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 incapacitated: o B. Grant of Letters of Administration (c.I.a.. d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate) '''' Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survive!f1Jy the follo~g spouse. (if ) d h . - ' ,iJ any an airs: '2 c..;1 ?L!q ~~ I Reiltclence 'J :.n 1 Name Relationship I :0: ;='~~J ,"n , /'.... " '.,) -~ ,': ~: n - . ::.\, " .-. ' " n .. U1 ;. ..1 '~:, (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 318 Fifth Street, New Cumberland Boroul:jh (list street. number and municipality) Decedent, then 87 years of age, died AUl:just 15 ,2005 ,at 318 Fifth Street, New Cumberland, PA 17070 (Location) Decedent at death owned property with estimated values as follows: (ildomiciled in PAl All personal property ........,................................ $ (if not domiciled in PAl Personal property in Pennsylvania .................... $ (II not domiciled In PAl Personal property in County .............................. $ Value of real estate in Pennsylvania ........................................................................................ $ Total.... ......,... .......... ..... ........... ......................... ...............,.......... .......................... $ 417,000,00 111,000.00 528,000.00 Real Estate situated as follows: 318 Fifth Street, New Cumberland Borough, Cumberland County, Pennsylvania Wherefore, Petitioner(s) respectfully requBst{S) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate fonn to the undersigned: I A '\.. /l.AA r Signature Typed or printed name and residence 1 ~,' n .k h f II Bonnie L Mover 506 Eutaw Avenue New Cumberland PA 17070 RW-7 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 estat~ding ~o law. Sworn to and affirmed and subscribed ~ .M' -' -' ~ I onnie L Moyer before me this day of 7 " '~:(") ~ ,..., = ':.:::'> c...n -n ) ,r1 J:(.~ ',~ ':)~ - ~_.) f:::f1 _; C::J , (~"") ., n ~-n , C~) -'~-! -=J !<\~ ." I . - -~-I --'1 :,;:: Estate of C Jane Mvers DECREE OF REGISTER CUMBERLAND COUNTY, PENNSYLVANIA Deceased <.n No.~-D5-01f3 also known as Clara Jane Mvers Social Security No: 199-07-8510 ---1 Date of Death: 8/15/2005 AND NOW, September 2005 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters (XI Testamentary 0 of Administration are hereby granted to Bonnie L Moyer (c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoritate) in the above estate and that the instrument(s), if any, dated March 12, 2001 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ 460.00 Short Certificate(s) 5~..~j 20.00 5.00 $ $ $ $ $ $ Inventory & Tax Forms............. $ Other .AI,I.\9.m\l.\i.Q.Q.f.~~........... $ Renunciation .......................... Affidavit ( )....................... Extra Pages ( ).............. Codicil !Wi!!.......................... 15.00 10.00 JCP Fee ................................. 5.00 TOTAL .............................$ 515.00 RW-7A &-~~ Attorney: Jan L Brown 1.0. No: 67993 Address: 845 Sir Thomas Court Suite 12 HarrisburQ Telephone: 717-541-5550 DATE FILED: 9/1/2005 PA 17109 BEFORE THE REGISTER OF WillS, CUMBERLAND COUNTY, PENNSYLVANIA RENUNCIATION No. {)/-D5 - D1~3 Estate of C Jane Myers also known as Clara Jane Myers C Jane Myers , Deceased The undersigned, Susan D Wertz, dauQhter and named co-executor (Relationship) (Capacity) the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that letters Testamentary be issued to Bonnie l Moyer of Witness my hand this 1 day of September , 2005 S lLDOfY\ \) lJ~T . (Signature) es- 1703 Bridge Street New Cumberland ft ~ ()JhUJi cl IUf crrCL&~ PA 17070 (Address) (Signature) (Address) (Signature) ~) . .;] (Address) Sworn to or affirmed and subscribed before me thiS~ day of ~_,~OO~ ffiLJa..1{ ~ Notary Public My Commission Expires: IOTARlAl SEAL MUlA II. W11lrE, NOTAIlI' PU8IJC llllIER PAXTON TWP., DAUPHIN CDUfllf MY COMMISSION EXPIRES APRIL 5 2001 <--, = = ...-. (,/') P1 --,-:) ,..-..... ~ en -.j (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: Renunciations executed outside the Office of Register of Wills are required in some counties to be notarized. RW-3 'J:] 7_-, C) C) ~.i~? .-~:=:-, CJ 'C,) - -'1-, --1-"1 (~:'5 .-'-r1 -, '-:71 1l105.805 Rl:V 1/05 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 be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. 11698819 No. ~ /7!~' Local Reg~ Fee for this certificate. $6.00 p AUG 1 8 2005 . ::-.) Date g ,~ c...-l 8 0') 0:1 I-~2 .", ~-;l :-; -,..... ., ~~ .1 ,-~-) ,--, ~ ::6 C'J ,'r'\ ,::~, C:) 1", -n ., (''5 lTl :) ~~~ ',J--'l U1 -.I 13Re....2J87 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS S. COUNlY OF DEATl-l Y.. STATE Al.ENU~BER I SEX ""T$OclAL SECURITY NUMBER . i,.Female 1,.199 - 07 - 8510 OATEOF dlR1H BI!l;THPlACE" (Ct!yernJ FO e- In (tAor,It1, Day, Yearl I Stilte or Fc>relgn COIJIlIry) HOS !TAL: OTliEfl: j!arrisburg,PA;:tiON'-tO ~O 00II0 N'::D F'AC:L!T1' NAME (:f '1,,1 instibJlion. gN" 5ITeet al'ldllUfT'b.tr) WAS DECEDENT Of HISP,IltMC ORIG,N? HoIV\ 'feSn,lyes,ipeclfyCllban. Ma~.~RlC8l1,etc. CERTIFICATE OF DEATH NAME OF DECEDENT (F'rst. Mid<fle. Lasl) 1. Clara Jane Mye:::-s AGE. (L3s1Ifw1hd.y) R D'" OATE OF DEATH (1-Aon1l1. Olly, ~r) .A'-l9ust 15. 2005 MARlTALSTATtJS - Memed. NI&_~e~,,^,idowod. 1!i'1:'<ro~' =~)tJ l6ricalllndian,BieQk.White,el. ..cumberland ';18 ::-ftl:' street OECEOF.NT'S USUAL OCCUPATION ~S OECECENT EVER ItJ DECGUENT'S EDUCATION ("'~ilI'7..1,~.:-~~r U5.AIi\1'<:I)F<:)n.C~S? __ \Snorllv.~~oI1>"''''g.x~''''~ ---.. , 0 .~ ('{=I E_~"Ioo""I'><C<lnda"'l CUl""J. Homenlaker Ho~e e$ .,,~ I L"'~' ,....je'5+) 11a. . 11b. ..l ,'2. _ ------1~J. '11.__--1 14 D!::CEDENTS MAILING ADCF'.ESS (SI"6llt. .;;It,{T-:.wn, S~t8, Z;p Code) f7\ 17..S:~le________Okf 17e.. 0 Yas,decedentliVE'dln 318 Fifth Street decedent Cumb"'rla"'d ~inll Iii! Ne~:Wed N C bId 111. New Cumberle.nd PP. 17070 1"b.~':..L.. ."DNn'Jlllp? 17C:. wtthinllet'J8l:imltsof ew urn er an FATHE~'S NAME (Rrsl, Middle. LUll -. !Mi"r,lle:R'S NWg (F1....t. Middle. M.Id~ SLIM.me) 18.Roy L. Leese . L:J.:Lena Lani.:z lttFC1RMANTSNAME {T)ll6IPrinl} .-.-------- 'r:iFO;WOOSrM.~ORESS(St..eet.CIty/Town, Sta-;~) 2Oa. Bonnie L. H() 'er 2Cb. :JOE Eut,iW Aven'.1e New Cumberland PA i707 METHOD OF DISPOS:TION ---, uA!E Of m:.>pcsmCIN ~~~r:.. OpF,.~~SPOSITION- foame ofCemelelY, Cn:l1Tll!lory LOCATION - CltyfTown. Sill"'. Zip Code BuTieJIECremallor~a1fromStateD _1(fll""",O~.Ye.!) ,,'...."'... ....., Olher(Speeity) D 21J.\.ugust "18, 200:3 ~t.. Oli vet CE:metery 21d. New Cumberland, PA1707 OFFU SERV1C INGASSUCH IJCENSE."'i,/.M.j3~,:,>, NAME AND ADDRESS OF FACIUTY ~ 7g'O """"" 22.FO-U. -,A2 L .one&MurrayFH408 3rd St New Cumbe,,"a a,PA items 23a.c only when c:ertffyIng Of my knowledge. deall1 oo::urted at thE. ttme. daw. andplaee s\2{ad. UCENSE NUMBER DATE SIGNED lsoo\~a\limeofllea\hlo r&lIndTltle) I (Moo!tl,o.~',Yea') ctlueeOfdplh. ~)--Lr!.--I'-" 21 /y" .?(_ 2~c. 0' .. IlernlI 24-26 must be eomp/eted tly ONQUt.ICFD <)EAD lMunth, De:', .reer) WAS ('.AgE REFEAR D TO A MEDiCAL EXAMINER /COR NER? penKlfllOttollronolJnCMde.lh. t3 / y 0 24. 0' ..~ 26. 6ft 27.PARlI: E/tt,I'.,..4_....lnju........eompIIcMlon.""'IcIr.....d""'....IIr. Dan"hn,",rthl>m_ofcl)oln~..~e" u"'I.~~...,.J'MOry.....~.hoc~,""""'tr..lu... '~imlI.\a PMT\l:; O\tIllfsignillamlcondiclonsco bulingtodeath,but =;;.=~.:::M.":..~;i~l~,~s::,St:'" ~/AI)dn1 ,4- i~:,~~:.-.: ~1-..g...""d''""'~"..,"".PARTI Seqllen1lllllylistconditions [b. .__~____-L-- if .ny, ~jng to iI11medlate DI.'1o ro (OR >oJ,. CONSl:urJENC~. OF) ClILlM. Enter UNDERLYING CAUSE(D158aaorinjUry c._ DJt:TO~O'l"sicorji!>I:')LJENC~(_"'J: ___0__._____.._ .ltwtinl!iatedevent5 resullk\g.-.ndeatt)1.AST d. . WAS AN AUTOPSY 'NERE AUTOPSY FINDINt>S 'AANN:=R OF CEAlH PERFORMED? AVAILABLE PRIOR TO '::o+M'LE"T1ON 01= CA,jSIO Ne~u...\ OF DEATH~ RACE- 1_' 10.Whi te SURVNlH'3 SPOUSE ("..11..9"'" ".....nn.....) ". Iwp. ""'''''' -. -------- --~ - CATEOF ~t<i~=rIME OF lNJURY .'M""~" 1>"1', ,.""', H<~o,. 'l P<mdll'lll'nve:sligllliJ,., 01 Ye.C] NoD ~a, 3\lb. M :so.: 30d CoI;k!"ol!wdafE;'1n'r,a<' []l"t~jU;~-;:;~~ farm, slreet.faClory oIIIo::EI~OC'.A'IQf>J(Sfreet.CltyfTown State) ~1iIrlIr>;; "'" (3""o~) 2Ia. 28b. 29 :o.')e :>(If CCR"TIFIER(Chtlckonlyone) _o__~_.___ --------- m ~ .E;'C?I~R_.-:;?--/ f:~tGof~=J.~h~':j'.:t:=:~~:~:{:r~"frC~~I~:~~~~.~.~.a~..~~.~~~~~!.~l~,~~.~~~.. ~.-.;.--~- IN,IUR'! t,! "':ORI<? DE:SCQ;leS'HOW 1,~LlRY OCCURREO. _~I rr o o YesO No Vow. 0 ""0 """'" 33. ~ ... .PROMOUMCING AND CERnPOHG PHY$;lCtII,N (Physician bolll pnlnOllr1cing death artd certlfylr,g tt. ~e of death) To thlt bell of my kn0Wledge. daMft occuwed .lha time, du.. ...... place..nd due to the caue..'a) and marner..~ ftau.d...... "MEDICAL EXAMINER/CORONER :.="=I::'~~~I.~.~..aI1dIor In_UIl~~~.~:.I.~.~~~.~~~:.~.~~.~.~~.~.~.~ time, date. .nd pille., and due to tlr, eeu_(al end 0 31, REGl8lRA.R"S SIGtU. lURE MID NUM8t:R ,g1/,pIv11 LAST WILL AND TESTAMENT 1'-_' => t:"":-:::) '-oil :-" ) C) {f) OF , , --;? C) 1 II c. JANE MYERS (_r-, --_.1 I, C. JANE MYERS, of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. I revoke all other Wills and Codicils that I may have previously made, Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person_ This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. :0 en I:t! ,-n c ~ ~;; ~a .',. ,::J :' C) "1 ..c.-" -- -"-'"1 ',-:^') rTl " Article III I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed, located with my Will or with my valuable papers and found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to the following: THIRTY-FOUR PERCENT (34%) of my estate to be divided IN EQUAL SHARES between my daughters, BONNIE L. MOYER, of Cumberland County, Pennsylvania, and SUSAN D. WERTZ, of Cumberland County, Pennsylvania; THIRTY-THREE PERCENT (33%) of my estate to be divided IN EQUAL SHARES among the following grandchildren: CHARLES M. MOYER, of York County, Pennsylvania; JILL MORALES of Cumberland County, Pennsylvania; MATTHEW J. WERTZ, currently of SAlPAN; and JENNIE JONES, of Cumberland County, Pennsylvania; and THIRTY-THREE PERCENT (33%) of my estate to be divided IN EQUAL SHARES between my living great grandchildren. If any of my beneficiaries predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue (blood relations, not stepchildren) who survive me, per stirpes, or ifhe or she have no issue (blood relations, not stepchildren), the share(s) are to be added equally to the other shares. - 2- Article V If a beneficiary under this Will has not attained the age of twenty-eight (28) years, the share of the beneficiary shaH be placed in a separate trust, for the benefit of that beneficiary according to the terms in Article VI. Article VI In the event that a Trust is created by or as a result of any part of this WiH, the terms and conditions of the Trust shaH be as foHows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, care and education of the child until the child attains the age of twenty-two (22) years. B. Upon attaining the age of twenty-two (22), one-third (1/3) of the child's share shall be distributed outright to the child. C. Upon attaining the age of twenty (25), one-third (1/3) of the child's remaining share shaH be distributed outright to the child. D. Upon attaining the age of twenty-eight (28), the remaining principal and accumulated income ofthe child's share shaH be distributed outright to the child. E. No beneficiary or remainderman of this Trust shaH have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, - 3- nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or other processes oflaw. Article VII In order to carry out the purposes of the 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 limitations specified elsewhere in this Will: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, and - 4- (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. Article VIII A. I hereby appoint CHARLES M. MOYER, as Trustee for his children for any Trust(s) created in this Will. If CHARLES M. MOYER is unable to act as Trustee, then I appoint GLENDA K. MOYER as successor Trustee for their children. B. I hereby appoint JILL MORALES, as Trustee for her children for any Trust(s) created in this Will. If JILL MORALES is unable to act as Trustee, then I appoint CHARLES M. MOYER as successor Trustee for JILL MORALES' children. C. I hereby appoint MATTHEW J. WERTZ, as Trustee for his children for any Trust(s) created in this Will. If MATTHEW J. WERTZ is unable to act as Trustee, then I appoint CHARLES M. MOYER as successor Trustee for MATTHEW J. WERTZ's children. D. I hereby appoint JENNIE JONES, as Trustee for her children for any Trust(s) created in this Will. If JENNIE JONES is unable to act as Trustee, then I appoint CHARLES M. MOYER as successor Trustee for JENNIE JONES' children. Article IX I nominate, constitute, and appoint my daughters, BONNIE L. MOYER, and SUSAN D. WERTZ Co-Executors of my Last Will and Testament. I direct that my Co-Executors be permitted to serve without bond and in addition to those powers granted by law, I grant them power to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could - 5- have filed ifliving. My Co-Executors shall receive reasonable compensation for services rendered to my estate. Article X In addition to the powers conferred by law, I authorize my Co-Executors in his/her absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Co-Executors; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and -6- (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, C. JANE MYERS, hereby set my hand to this my Last Will -3J/J-1 (J--<J J o ,2001, at Harrisburg, Pennsylvania. and Testament, on (), (/~ '11U4/ C. JA$' MYERS In our presence, the above-named C. JANE MYERS signed this and declared this to be her Last Will and Testament, and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Name Address CZLf5 Ju.1v)m/{]/i (I-to; IJj~I,PAI?/CJ9 fr.r..d,. ~ 6< ~o ~ /'7/.1 f - 7- I, C. JANE MYERS, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affIrmed and acknowledged before me by C. JANE MYERS, the Testatrix, on 3 - I~ ,2001. ~~~ <N.O.t Public c, a('~ <7;11~ C. J~E MYERS / NOTAR!AL SEAL 1 JAil L BRO\'IN, I'.DtSf'j i'l,~llc "UlViflr P~..i?n ~~Il., Il?~p!lln Cou~t.y, I l"Y ComffilSS!on i:ltpires ~~~,~ We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affIrmed and subscribed to before me No,~i?~ bY'$l(l{] , t.l mll.tU1o! and I. ,-~ ~7""".I-c witnesses, on ,9 - If) , 2001. NOTARIAL SEAl. JAW L BROWN, Notary I'lJbIIC Ulwer Paxton Twp., Dauphin County My Commission ExpIres March 29, 200t - 8-