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Home My WebLink About05-10-07 --~ 1 NAH/1908318.1/5.8.07 Estate of Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS c2l-07-D4lP5 No. Herman E. tjt1i11er also known as , Deceased Social Security No. 184-12-3356 Gene P. 0 IV Petitioner who is 18 years 0 age or older, applies for: (COMPLETE "A" OR "B" BELow:) [8J A. Probate and Gnilnt of Letters and avers that Petitioner is the executor named in the Last Will of the Decedent, dated November 11. 2005. State relevant circumstances, e.g., renunciation, death of 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 incapacitated: I o B. Grant of Letters of Administration c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minorllate) Petitioner aft~r a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: n :;.; Name Relationship ~-. ---~~ r-.. ~;.. I)? w (COMPLETE IN ALL CASE :) Attach additional sheets if necessary. co Decedent was domiciled at eath in Cumberland County, Pennsylvania, with his last family or principal residence at 506 Park Av nu N C mberl nd PA 17070 . Decedent, then 85 years of age, died Aoril 30 ,2007, at Harrisbura HosDital Decedent at death owned property with estimated values as follows: (if domiciled in PAl All personal property................................. $ (if not domiciled in i PAl Personal property in Pennsylvania.......... $ (if not domiciled in!PA) Personal property in County..................... $ Value of real estat~ in Pennsylvania ............................................................................... $ I ~ D tt'\~. t!)O Total................................................................................................................... $ 'I t\ l <:\ t'\t\. t\~ Real Estate situated as folloWs: 506 Park Avenue. New Cumberland. Cumberland County. PA lIy requests the probate of the last Will presented with this Petition and the grant of letters in the i ned: i n t re ).~, (') ~~ I t\t'\ 1 Typed or printed name and residence Gene P. Otto, IV 849 Aylesbury Drive Lancaster, PA 17603 Oath of Personal Representative Commonwealth of Pennsylvania County of Lancaster The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer 'the estate according to law. ~~ f Gene P. Otto, IV Sworn to and affirmed and subscribed . ..J. before me thIs 9 day of /ltll ~- dJt0- Deceased 5-2 :=:;;;0 ':,::;~ .) ," ::!r !'c 0 ~., J ~~ r- ~ ;:." rn ,_.. . ".C>)~ 0 ',- - ,..~. ." .... ('-"'2 ),) -Tj "... , .' ('0 ::= JI-h=7-() ~%5':~- '-U J-...; C:;;:' c..-;:> -... ,2007. " I' " i--j:-"j:'-'~') ~ J_) < ') , DECREE OF REGISTER Estate of Herman E. Miller No. also known as Social Security No: 184-12-3356 AND NOW, side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 181 Testamentary D of Administration Date of Death: ADril 30. 2007 , 2007, in consideration of the Petition on the reverse (c.I.a., d.b.n.c.I.: pendente lite; clUnInle abIenlIII; dlRnlIl mInor1t8le) are hereby granted to Gene P. Otto. IV in the above estate and that the instrument dated November 11. 2005 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.................................$....dJnO, CO Short Certificate(s>"(~}...,$ 'l.O · 00 Renunciation.......................$ Extra Pages ( L.............$ ...LM \. \ \..... .............. ............$ I. T. R.....................................$ JCP Fee..............................$ \6 ,00 \0,00 Inventory.. ...........................$ OtheL..i1~J:Orra...--b:in....$ I ~.QO Attorney: Barley Snyder LLC Nancy Mayer Hughes. ESQuire 1.0. No: 41816 Address: Barley Snyder LLC 126 East King Street. Lancaster. PA 17602 Telephone: (717) 299-5201 DATED FILED: TOTAL,................................$ ~ \q, C() HI05.805 REV J/05 -T 1 . ~,,( -07 -: orf &? 5 This is to certify that the information here given is correctly copied fro~ an original certIficate of death duly. flIed wIth me as Local Registrar. The original certificate will be forwarded to the State VItal Records Office for permanent filmg. WARNING: It Is Illegal to duplicate this copy by photostat or photograph. No. ~/Jl~~ Local Registrar Fee for this certificate, $6.00 P 13354285 MAY 0 4 2007 Date C) C;o '..':0:0 '~~Q l.,;-f:::m .<--::~ '(J';^ -) ~.~3 ~f~ t....--.,) C:-...:> = -.I ~ ;.~ -< c:> -0 :!" >'.-- .:'.:3 -, rv w \JJ AEVl1_ I'IltITII WlENT ::l(l1'lK COIIIIONWEALTH OF PENNSYLVANIA." DEPARTMENT OF HEALTtf" YrTAL RECORDS CEFmFICATE OF DEATH (See IrIaIruclIoneMd ........01\ ...".,..) .._01.... 7. ri..... tfll1 85 .. Ccullr 01 DooIl Dauphin l1._UIuoI _01 Do"'_ KInd 01_ KInd"_I~ Bud et Director Communications 1I.~-'_~GIlyI-''''.2ll>=-l 506 Park Avenue New Cumberland. PA 17070 l..__lAII.-........, Geor e Miller lIIliLlI-.r'a_fl'jpo/",,", Regina Miller 21L_oI...-, O~ 0- 21b._..--,(IIonIl.dIy.,.., GiI - 0 --_ __.__ o 0Il0r.~ 1Ir-_I~ O.....ONo May 4. 2007 Indiantown Gap National Cemete Hanover Twp.. PA 17003 -.....1IIdl) 22Il.~"'" 22o._ri_.."-t ~ ."...- FD 012 848 L Parthemore PH & CSt Inc.. P.O. Box 431. New Cumberland. PA 17070 ~""-""-odIi'II 230.1i>..lIoOtol..,...........__..........ri__~ri-.) DJ,Ucno_ 23c.-Slgnod(llonll.iIIl;,.., ...,..,..._....01_.. ~_0I_. ---.........IIr_ ....-- VII. April 12. 1922 Harrisburg. PA ."-t-pl...-........_ri~ Harrisburg Hospital 12._0'-"_1n... 13.-"'~ .... U.8.AolMd_ -....,./-...,(O-l~ iii..... ONo 12 -... __ 17L_ CoIIogo (1-4 .. 5+1 3 17b. Ccullr Pennsvlvan:ta Cumberland 11.--'_lAII.-.__, CharlGtteYoun 2Ib. --.AddIIiol(8nll.cly/__2ll>=-l 506 Park Avenue. New Cumberland. PA 17070 21~_0I~(NIoII"~..-y..__, 2tcl.~(QIyI-'_2ll>_1 DId DocodInI Uooln. ~ 17~O"""_lMdln 17d.1iI No._IMd_ _ UonIool 1'op. New Cumberland CIly/Ilaro ~....... ...- _ an..... ='a':.lMt" I (2..M. CA"OI'llIlAlltc- _Zl. PtIt~ _.......-......~.............'-........,._.. OONOT____.__ """"*"-..----............UoIC1111t__..._.... ~-==-= L ~1) .=. I?tid-.. Duo..,<< ~aI): b. . .lUf.H~.V Duo"l<<.'aI): c. Duo..I...._aI): I~- f 0n0II.._ I I I I I <~~~ IU,/.p~i I I I I I I I 11. _e.. 0..... ...~IoPJ~ o DoMrIOpnor 0-.. O- Il 011<<. *"'* ...~tcNd<CIIIIt-l I13b.SIgNUt.....oI~ . :=~~ ~=:..i:::.'*:'...-:i-==':~~.-:~~~..___m__m_m 0 t;----ZUJ- . .......................{PII!OIIIlIn _--'_riodli'llll_oI-.j 33c. u..._ ......-.,.,......--......--.....ri.........."...-._..._u___uuu_u 0 J" "'A ..-.=-,/"), . __1- r, J/u I C:C''7 "" v""'t- 00..._0I_.../............1n.,.........__......-.......................,..._._. 0 :N. _..._..__~CUI.._ (llm2l) "",",,", Vl'I~.4.':>1 ,1'lJo7t ~ M I) '3 q /2.. .,;tw '\ J' f?c.I C Ik() G~ 0..... ONo 31._""'" ~-'O_ OAcdllallO~,",""""", 0- OCooAdNalbolloloomln.! 21. DId"""" UII CcnIIIuoo.._? o VII OPldloblj ONo 0- 21.'_ o NalIJNIIIM _ PMI_ 0....,.......... o Not--. bullJN111M _~.,. ..- o ",--,buI_",.,...,_ o ="'~IJNIIIM _..__ 3It.==~8nII.F"'. d. -....-....., - ...._.-.....,-. _PoIor"~ oICUI..llMilI? 0..... )(110 --..""" 32g. ~ "IoPJ{llnII. clyl-....' l6. ~ I~I /I07I/' I" DiopoIIlIon_No. o//((.?cPr /, f-,~ o :-;':'1 c--=:> --.J Will of Herman E. Miller a ~/;:) ":'.~ ~:J -".. -'.-..... -' _.-: ~. ...." ,.' t'<) I, Herman E. Miller, of Cumberland County, Pennsylvania, herebyte~oke ali't?rior: wills and codicils and make, publish, and declare this instrument to be my last will. c) Section 1. References. (a) As used in this will, my children include Sharon McCullough, Karen Otto, and Timothy Miller (my "Children"), my stepchildren include Sara Anne Kaufinan and Katherine Grimes (my "Stepchildren" or "Stepdaughters"), and my spouse is Regina Miller. (b) The word "fiduciary" in this will includes an executor, a trustee and a guardian; unless the sense is otherwise, each of these words includes its plural. A male form of pronoun includes the female. (c) Whenever any property passing under this will is directed to be distributed to or divided into shares in respect of the descendants who are then living, per stirpes, of an individual, the property shall first be divided into as many equal shares as there are children of the individual who are then living and deceased children of the individual with descendants who are then living. One equal share shall then be distributed to or set aside in respect of each child of the individual who is then living, and one equal share shall be divided into shares in respect of the descendants who are then living, per stirpes, of each such deceased child of the individual as provided herein, and such shares shall then be distributed to or set aside in respect of each such descendant. Section 2. Fiduciaries. (a) Executors. I appoint my grandson Gene P. Otto IV to serve as executor of this will. If he shall fail to qualify or cease to act as executor, I appoint my daughter Sharon McCullough as successor executor. (b) Trustees. I appoint my grandson Gene P. Otto IV to serve as trustee of any trust created under this will. (c) Guardians of Estate. I appoint my trustees to serve as guardians of the estate of any minor with respect to all property for which a guardian may be appointed by this will. The guardians shall not use any income or principal to satisfy an obligation of support or other legal obligation of any other person in respect of the minor. Section 3. Tangible Personal Property. I give any motor vehicles (excluding any boats or trailers) I own at the time of my death to my spouse. I give all my tangible personal property, not including any trailers, boats or property used in a trade or business, together with all my rights with respect to all insurance relating to this property, to my children and my spouse who survive me, to be divided among them as they may agree, or, if and to the extent they cannot agree, the property shall be divided among them as my executor may in his sole discretion determine, provided that my executor may in his sole discretion sell any property over which there is a dispute or disagreement and dispose of the proceeds as part of my residuary estate. I suggest to my children and my spouse, but I do not direct, that they distribute a part of the property in accordance with any lists or labels I leave at the time of my death. All costs of insuring, packing, shipping, and delivering this property shall be paid by my executors as a general administration expense of my estate. (As of the date of this will, I do not own any tangible personal property located at 518 Park Avenue, New Cumberland, Pennsylvania.) Section 4. The Herro Miller Orchestra. I give all of my interest in my band, known as the Herro Miller Orchestra, including all of the property, assets and liabilities used in connection with or relating to the band, except any motor vehicles, to my son Timothy Miller. Property used in connection with or relating to the band includes, without limitation, receivables of the band, the band bank account, sheet music, music stands, trailers, business records and other documents relating to the band, and amplification and other sound equipment. Section 5. Residence. If I own the residence located at 506 Park Avenue, New Cumberland, Pennsylvania (the "Residence") at the time of my death, I give to my spouse, if she survives me, the right to use the Residence as a personal residence, together with the right to use in connection with the Residence any tangible personal property owned by me that is customarily used in connection with the Residence (such property and the Residence are referred to, together, as the "Property"), for the life of my spouse or until such time as my spouse ceases for any reason to use the Residence as a personal residence. My spouse shall keep the Property in good condition and repair, shall pay all taxes in respect of the Property, and shall keep the Property insured against loss, theft, or damage at its fair market value, but shall not be required to give a bond or other security. Subject to the preceding sentence, all charges in respect of the Property shall be allocated between my spouse and the remainder beneficiaries in the manner provided by law. However, my spouse shall advance the funds needed to pay any charges allocable to the remainder beneficiaries, and the remainder beneficiaries shall reimburse my spouse for the funds advanced by my spouse, without interest, when the Property passes to the remainder beneficiaries pursuant to the following sentence. Upon the death of my spouse, or at such time as my spouse ceases for any reason to use the Residence as a personal residence, the Residence shall be sold and the net proceeds shall be distributed under Section 6 of my will, and the tangible personal property shall be distributed pursuant to Section 3 of my will. Section 6. Residuary Estate. I direct that all the residue of my estate, of whatever nature and wherever located, shall be liquidated in a manner determined appropriate by my executor in his sole discretion and any proceeds remaining after the payment of my debts, expenses of administration, and other charges against my estate, including my funeral expenses and any death taxes chargeable to my estate, shall be distributed, in equal parts, to my spouse, if she is then living, and my Children who survive me, per stirpes, such that each of the foregoing individuals shall receive a one-fourth share; provided, however, that if my spouse does not survive me or if she is not living at the time property is to be distributed pursuant to Section 5 above, my spouse's share shall be divided equally among my Children, per stirpes. Section 7. Y ounlZer Beneficiaries. Whenever any property, whether income or principal, shall otherwise be distributable pursuant to the provisions of this will to a beneficiary who 2 has not reached the age of 21 years (except as to a distribution of some or all of my tangible personal property), my trustees shall hold the property in a separate trust to be managed for the benefit of the beneficiary. Until the beneficiary reaches the age of 21 years, or until the prior death of the beneficiary, my trustees may in their sole discretion payor apply the net income or principal of the trust to or for the benefit of the beneficiary. Any income that is not distributed shall be added to principal. When the beneficiary reaches the age of 21 years, or upon the prior death of the beneficiary, my trustees shall distribute all property then belonging to the income and principal of the trust to the beneficiary or the estate of the beneficiary. Section 8. Administrative Powers. I authorize my fiduciaries, with respect to all property held by them in any capacity under this will, to exercise in their sole discretion and without prior authority from any court, in addition to all powers conferred on them by law, the following powers: (a) Power to purchase or otherwise acquire and to retain any property, whether or not authorized for investments by law, and whether or not productive, without diversification as to kind or amount, provided that my spouse shall have the right to require my trustees to convert any property that is unproductive into productive property with respect to any trust created under this will that may qualify for the marital deduction in determining the federal estate tax on my estate. (b) Power to transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and conditions, with or without security, and for such price as they may determine. (c) Power to hold cash uninvested in such amounts, at such times, and for such periods as they may determine. (d) Power to hold or register any securities or other property in the name of a nominee or in such form as to pass by delivery, with or without indicating their fiduciary character. (e) Power to vote any corporate stock in person, through designees, or by proxy, with or without power of substitution, and to execute authority or proxies to one or more designees or nommees. (f) Power to join in and to deposit securities under any plan oflease, mortgage, merger, consolidation, reorganization, foreclosure, or voting trust and generally to exercise all the rights and powers of a security holder of any corporation. (g) Power to borrow money and to pledge property to secure the borrowing without incurring personal liability. (h) Power to compromise or settle claims and other controversies on such terms as they shall determine. (i) Power to invest in the stock or other securities of any corporate fiduciary or 3 the holding company of any corporate fiduciary or in any common trust fund maintained by any corporate fiduciary or any affiliate of a corporate fiduciary. (j) Power to continue or to permit the continuation of any business, whether incorporated or unincorporated, for such period, or to recapitalize or liquidate the business upon such terms, as my fiduciaries shall determine, including power to invest additional sums in the business, power to make loans to the business and to guarantee and to pledge or mortgage property as security for loans made to the business by other lenders, power to act or select other persons to act and to receive or to authorize other persons to receive compensation for acting as directors, officers, or other employees of the business, without regard to whether they are fiduciaries or beneficiaries, and power to make such other arrangements in respect of the business as my fiduciaries may determine. (k) Power to permit any person having an interest in the income of any trust created under this will to occupy any real property forming part of the trust upon such terms as my trustees shall deem proper, whether rent free or in consideration of the payment of taxes, insurance, maintenance, and ordinary repairs, or otherwise. (1) Power to allocate any property received or any charge incurred either to principal or income or partly to each without regard to any law defining principal and income, provided that this power shall not be exercised with respect to any trust held for the benefit of my spouse that qualifies or may be qualified for the marital deduction in determining the federal estate tax on my estate. (m) Power to exercise any tax elections provided by law without requiring adjustment between principal and income for any resulting effect on income or estate taxes. (n) Power in my executors to elect that all or any portion of a trust for the sole use of my spouse shall be subject to inheritance tax at my death rather than the death of my spouse. (0) Power to divide any trust created under this will into two or more separate trusts based on the fair market value of the trust assets at the time of the division. (P) Power to combine any trust created under this will with any other trust having substantially similar provisions, whether created under this will or created by me or another person under a different instrument. (q) Power to change the situs of any trust held under this will from the jurisdiction in which the trust is then being administered to a different jurisdiction by a signed instrument filed with the trust records. (r) Power to terminate any trust held under this will by distributing the principal of the trust to or among the beneficiary or beneficiaries then entitled or eligible to receive the income of the trust in such shares or proportions as my trustees shall determine. (s) Power to make distributions in cash or in kind, or partly in each, or by way of undivided interests, without making pro rata distributions of specific assets, and without regard to 4 the income tax basis of specific assets allocated to any beneficiary. (t) Power to distribute any property that shall vest in or become distributable to (i) a beneficiary who is a minor or who is otherwise subject to a legal disability, by distributing the property to or for the benefit of the beneficiary directly, without the intervention of a guardian, or by distributing the property to a guardian of the estate of the beneficiary, or, in the case of a minor beneficiary, by distributing the property to a parent or guardian of the person or other person having care and custody of the beneficiary, and (ii) a beneficiary who has not reached the age of 21 years, by distributing the property to such person or financial institution, including any fiduciary, as my fiduciaries may designate as custodian for the beneficiary under a transfers to minors act. (u) Power in my executors to disclaim on my behalf any interest in property that would otherwise have passed to me by any means prior to my death. (v) Power to retain and to pay the fees and expenses of attorneys, accountants, custodians, investment counsel, and other agents and advisors, without reducing the compensation payable to my fiduciaries. Section 9. Concerning Fiduciaries. (a) Each individual fiduciary shall have the power at any time to appoint an additional or successor individual and/or corporate fiduciary. (b) When there is an individual fiduciary, a corporate fiduciary may resign by giving notice of its resignation to the individual fiduciary. Notice of resignation of the corporate fiduciary shall be in writing and set a reasonable effective date. When there is another fiduciary or a successor fiduciary, any individual fiduciary may resign at any time by giving reasonable notice in writing to the other then acting fiduciary or, if there is none, to the successor fiduciary. (c) Upon receipt of the notice of resignation of the corporate fiduciary, the individual fiduciaries shall appoint another financial institution with fiduciary powers to act as successor corporate fiduciary. Any appointment shall be accomplished by a signed instrument which shall contain an acknowledgment of the corporate fiduciary's willingness to act. (d) The individual fiduciaries shall have the power at any time to remove any financial institution then acting as a corporate fiduciary. Any removal shall be accomplished by a signed instrument which shall set a reasonable effective date for the removal and which shall contain an acknowledgment of the willingness to act as successor corporate fiduciary of a financial institution with fiduciary powers who shall be appointed by the individual fiduciaries. ( e) Any fiduciary may delegate any rights or powers to another fiduciary and shall have no further responsibility with respect to the exercise of the delegated rights or powers while the delegation remains in effect. A fiduciary who has delegated any rights or powers may revoke the delegation at any time. Any delegation or revocation of a delegation shall be accomplished by a signed instrument. 5 (f) No individual fiduciary who may derive a benefit, either direct or indirect, from the exercise of any discretionary power, or from the failure to exercise any discretionary power, or from the manner in which any discretionary power is exercised, shall have authority to make or to participate in making any determination as to whether or how the power shall be exercised. (g) No individual fiduciary shall have authority to appoint or to participate in the appointment of any additional or successor fiduciary who could exercise or participate in exercising any discretionary power in a manner that could benefit the individual making the appointment, either directly or indirectly, unless the additional or successor fiduciary would not be treated as related or subordinate to the individual making the appointment for grantor trust income tax purposes. (h) Any corporate fiduciary shall be entitled to receive compensation for its services in any fiduciary capacity under this will in accordance with its published schedule of rates from time to time in effect when the services are performed or at such lower rates or amounts as may be specified in a written fee agreement signed by the corporate fiduciary, but the corporate fiduciary shall not receive more than would be approved by a court of competent jurisdiction. (i) No fiduciary shall be required to give a bond or other security in any jurisdiction. (j) If the attending physician of a fiduciary certifies to the other then acting fiduciary or, if none, to a successor fiduciary, that the physician's patient lacks sufficient capacity to make or communicate responsible decisions, the patient shall cease to be a fiduciary. (k) A fiduciary may make court accountings, but the approval of an account by the interested beneficiary or beneficiaries, or in the case of a minor beneficiary by a parent of the minor, shall be a full discharge of a fiduciary. When there is another fiduciary, no accounting shall be required of an individual fiduciary or his personal representative because of the fiduciary's death, incapacity, or resignation as a fiduciary. I have signed this instrument as my last will on this date: '1t#MI.....~ III Jf)(}r ~o.. ~. rtPL Herman E. Miller 6 Signed, published, and declared by the above named testator as and for his last will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses. ~ L. Pc~ecJl5L-. L6~ ~i~ 7 Acknowledgment Commonwealth of Pennsylvania County of ~~ I, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, hereby acknowledge that I signed and executed the instrument as my last will and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. JJJu.~ fI,~ Herman E. Miller Sworn to or affirmed and acknowledged before me on this date: ~ II. o2IfJr , ~ t. tlMf- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carol L. Clark, Notary Public Manheim T'h?, Lancaster County My Commission Expires Mar. 1, 2008 Member. Pennsylvania Association Of Notaries 8 Affidavit Commonwealth of Pennsylvania County of kf.IiIW Wet the witnes$es whose names are signed to the attached or foregoing instrumentt having been duly qualified ac~ording to law t hereby depose and say that we were present and saw the testator sign and execute the instrument as his last willt that the testator signed willingly and executed it as his free and voluhtary act for the purposes therein expressedt that each subscribing witness in the hearing and si~t of the testator signed the will as witnesst and that to the best of our knowledge the testator was at that time 18 or more years of aget of sound min~ and under no constraint or undue influence. . ~ E . PO"'-:lcJ.L. W~6 ~ Witness ~ Jlwkl(~ Witness Sworn to or affirmed and subscribed to before me on this date: ~,.., II. UJtIf r ~~. t'I~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carol L. Oark, Notary Public Manheim Twp., Lancaster County My Commission Expires Mar. 1, 2008 Member, Pennsylvania Association Of Notaries 9