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Home My WebLink About97-00752 ~ ~ '8 ..::: ~ :... :;:: ."-' ;:.; E '- l\.i U .2: to :S .5 j ~ ~ " - ,... ,. . .~ .s::: ,.:::: U ~ ~ Ol 5'''1 ~ =m..... -",to. t:i'O-" - .. ~~a:: iSci~ K"" ::: ""1....~ ~ , INRE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM CHARLES MILLER, JR., AN ABSENTEE ORPHANS' COURT DMSION . . DOCKET No. D? 1- 9 ? - 7 ~ Now, ~P-l: ~ / ,19!17, it is hereby ordered that the hearing to declare William Charles Miller, Jr., a presumed decedent will be held on AI, v. 5 19f1. @ 9: D- ".m. Cdl.#d'll.otJ/Y"* / It is further ordered that notice of the filing of this petition and of the above-ordered PETIT/ON TO ESTABLISH DEATH OF ABSENTEE ORDER hearing date be published in the Paxton Herald, Harrisburg, the last city of residence of FoVi\ William Charles Miller, Jr., and in the Dauphin County Reporter, weekly for/'6uccessive weeks, the last appearance of which shall be at least two weeks before the hearing. COURT: cv f~ , J. · ~.':;){0i~>~~:t...~.:~:,' ,. i,\-. :,1 I i i .JI; ',,1 ;,'1 ."1 l . . .(\ 'I' ;.,;~; I :1:1, " , . """'1'",ji''':'~.:..._....._'.._._,..~ , -- -.,....., -.-. .. ,. " Missing Persons Report following the disappearance of Mr. Miller and on April 30, 1990 he was located in California, During this time, Shirley Miller was unable to undertake a trip to California. The police in California released Mr. Miller and he has not been heard from sinca. 6. The presumed decedent is survived by petitioner, Jeffrey Miller, William Miller and Kim Spahr, his children, and next of kin. 7. The presumed decedent's estate consists of a pension account. Petitioner knows of no other property. 8. 20 Pa. Cons. Stat. Section 5704 requires that the Court order advertisement of a hearing on the petition, a proposed form for which is attached. WHEREFORE, petitioner request that the Court: A. Set a hearing date for the purpose of declaring William Charles Miller, Jr. a presumed decedent. B. Order the publication of the filing of the petition and the hearing date thereon in the form attached to this petition in one newspaper of general circulation in the Paxton Herald, Harrisburg, the last city of residence of William Charles Miller, Jr., and in the Dauphin County Reporter, weekly for successive weeks, the last appearance of which shall be at least two weeks before the hearing. C. Declare William Charles Miller, Jr., a presumed decedent as of April 30, 1990. DATE: ~cohen Certified Legal Intern i~{~L LV , ' I Supervising Attorney I J. Palmer Lockard, Esquire Widener University School of Law Harrisburg Civil Law Clinic 3700 Vartan Way, P.O. Box 69382 Harrisburg, PA 17106-9382 (717) 541-0320 Fax # 541-1970 VERIFICATION STATEMENT I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. Date: ~-h7 , , ~/;~ >>...J/J/;A ./ '- SJ;lfrley Miller Petitioner "', . ..1\..--.--...... --'-'"'''.'<'''',',,,1.\,1.-,''''''' - - . ---..--."......'.-- ...~~- IN RE: WILLIAM CHARLES MILLER, JR., ABSENTEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY MILLER, PETITIONER NO. 21-97-752 ORPHANS' COURT ORPHANS' COURT DIVISION IN RE: IN FORMA PAUPERIS ORDER OF COURT AND NOW, this 16TH day of SEPTEMBER, 1997, based on the attached petition to proceed In forma pauperis, the request is granted and petitioner may proceed without payment of the costs. By the Court, (; H J. Palmer Lockard, Esquire For the Petitioner :sld .--- .. ,'-I ., '- ~ I L h I~ k 5EP t Ii 1997bf" INRE: IN THE COURT OF r;:l:~MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURl O'IIISION WILLIAM CHARLES MILLER, JR., AN ABSENTEE DOCKET No. ;</-_9'(- 7r2 PETITION TO ESTAIlI ISH DEATH OF ABSENTEE PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: The Petitioner, Shirley Miller residing at 7073 Carlisle Pike, I.r,t 87, Carlisle, 17013, Cumberland County, Pennsylvania, upon her oath deposes and ~ays: 1. I am the Defendant in the above matter and because of I n\ ~ :'lancial condition am unable to pay the fees and costs of defending the action or proceeding. 2. I am unable .:J obtain funds from anyone, including my family md associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability tn relY the fees and costs is true and correct: (a) Name: Shirley Miller 7073 Carlisle Pike, Lot 87 Carlisle, PA 17013 Address: Social Security Number: 184-26-3953 Proof of Notice of Publication in Dauphin County Reporter 21.1 :-;orth Frollt Slreel, Ilarri,hurg, 1',\ lilO! Under Acts approved May 16, 1929, P. L. 1784 and April 24. 1931. P. L. 67. 45 P. S. 1 et seq. State of Penns)'ll'ania I ss: County of Dauphin Allen Lel'inlhal. agenl of lhe Publisher of the 1 lauphin CrJlIllI)' Reporter. of lhe County and Slate aforesaid, hciug' duly sworn. (h-pO~l'S al\(1 says that the Dauphin COllllt)' Reporter, a It'gal periodical published in the City of Harrishurg, CIIUIII)' :ul<1 Sl;lle aforesai,!. was estahlished J:lIluar)' 1. 11;91;, and designated the Lcg:al Periodical for Ilauphin COUllty, 011 Fl'1,ruary 5. 1919, sinn.' which fiat<: the Dauphin County Reporter has heen regularly issued in said Coullty. and that the printed llodec IIf )luhfiratioll altachcd hereto is exactly the sallle as was printed ami published in the regular editions and issues of the Dauphin County Reporter on the following dates. I'iz: September 26, October 3, 10 and 17, 1997 AOiant further depo:-;cs that ht, i:-; the :\g-cnt oi the J'uhli:-;hcf oi the Dauphin County Reporter, a legal Periodical of gcneral circulation, to vcrify the foregoing statement under oath, and that neither the aAlan1 nor the Dauphin County Reportcr is il1tcrcstccl in the suhject matter of the aforesaid notice or ad\'ertisement, and that all allegations ill the foregoing statements as to time, place and character of ?2~~":<td4r 17th 1992- Copy of Notice of Publication Sworn to and subscribed before me this IN Tin: COURT ()Io' COMMON I'LEAS OF CUMUERLANIl COUNTY l'I:NNSYLVANIA ORI'HANS' COURT DIVISION No, 21.97.752 IN HE: \'r'ILI.IAM CIIARLES MILLER.JIt, PETITION TO ESTADLISH OEATII OF AIISfo:Nn:l-: OHI>fo:R NOW, SEl7rEMOl!R II, 1997, IT IS IIERl!. OY ORDERED 'l1IAT lhe hearing to tleclare William Charles Miller, Jr" II presumed tkeetlent will be held on NovemberS, 1991,al 9:00 a,m. in Courtroom No. I. II i~ further ordered Ihnl nOlice of the filing of Ihi5 pelition llnd of Ihe ahove onlered hearing dale be publillhed In Ihe PlUton Herald, Harrisburg, Ihe la~1 cil)' of residence of William Charles ~liIler, Jr., llnd in lhe Dauphin County Reporter, weekly for four succeuive weeks, lhe lasl appearance of which shall be al leasl IWO weeks before lhe hearing. October day of A~ rJ,a~JL6~' C/ Notllry Public I Nc~a.rial Seal JeYCi:: ,i. T;.:rT'ooJ;;s, Notary Pub:lc f.Ji1:~I;b;.;rg, Dauphin Countv '.1~' ConIICI:,'slon bpirer. Oel. 5,-2000 Member, Penllsylvar.ia AssocmNon of Notaries Statement of Advertising Costs: Peti tion To Establish o"ath of Absentee: William Charles Miller, Jr. BY TIlE COURT: lIarottlE,Sheely, PJ. 526.011 To DAUPHIN COUNTY REPORTER, Dr. For publishing the notice or publication attached hereto on the above stated dates ..,..,....... $ Probating same ......,.......'.. $ Total....... .... ........., $ Publisher's Receipt for Advertising Costs The Dauphin County Reporter, a legal period- ical, hereby acknowledges receipt of the aforsaid notice and publication costs and certifies that the same have been duly paid, By .....'..- .....~ ~- -. IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION WILLIA~N C~~~i~;E~ILLER, JR., DOCKET NO. .;.' /- '11- 7f);;< : PETITION TO ESTABLISH : DEATH OF ABSENTEE CONSENT TO REPRESENTATION BY ELIGIBLE LAW STUDENT shirley Miller, Petitioner in the above-captioned case, hereby consents to be represented in this matter by Jeffrey Cohen, a law student enrolled at Widener University School of Law, Harrisburg, Pennsylvania. I understand that Mr. Cohen has not yet completed law school, nor has he passed any bar examination, nor is he generally admitted to the practice of law. Knowing this, I consent to his representation, and I ask that this Honorable Court allow him to represent me in this matter. DATE: /:1-h 7 ~~:( ~t?tl-P'A / Shirley M' ler I, Geoffrey M. Biringer, Esquire, do hereby certify that I am an attorney in good standing of the bar of Pennsylvania and, as supervising attorney of Widener University School of Law's Civil Law Clinic, hereby approve of the representation of Shirley Miller in this matter by Jeffrey Cohen. ~ ~ DATE: //~/f7 .' ff~A. .. Geoffrey M. Biringer, E . 1.0.#18040 3700 Vartan Way Harrisburg, PA 17110 (717) 541-1996 ';>\"-. ,. r- IN RE: WILLIAM CHARLES MILLER, JR., AN ABSENTEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-97-752 IN RE: PETITION TO ESTABLISH DEATH ORDER OF COURT AND NOW, this 5th day of November, 1997, a hearing was held this date on a petition by Shirley Miller to have her husband, william Charles Miller, Jr., declared a decedent. At the hearing today Mrs. Miller testified along with two children, and the testimony would indicate that Mr. Miller was diagnosed a schizophrenic and that he had left the home on numerous occasions although he always returned until the last time when he left, which was on April 1st, 1990. since leaving on that date he has never returned home, and the only contact about his whereabouts was approximately one month after he left on April 1st, 1990, when Mrs. Miller did receive a call from a police department in the state of California indicating that they had picked up her hsuband, that he was not charged with a crime, and that they were wondering what to do with him. She was not in any financial position at that time to go to california. Since that date nothing has been heard concerning his whereabouts. I find that proper notice of publication of this hearing has been given, and based upon 20 Pa. C.S.A. 5701(b), , '., the Court declares Wiliam Charles Miller, Jr., died on May 1st, 1997. By the court, P.J. Jeffrey B. Cohen certified Legal Intern For the petitioner :lfh