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HomeMy WebLinkAbout07-20-07 NAH/1988093.117.13.07 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Roy R. Miller No. ~ \ -07- Ou1\C( also known as , Deceased Social Security No. ~lo <6 Jack R. Lesher Petitioner who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) [8J A. Probate and Grant of Letters and avers that Petitioner is the executor named in the Last Will of the Decedent, dated June 22. 2000. 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 bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: D B. Grant of Letters of Administration c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minoritate) Petitioner after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence o ~Joo to) c :x 2:I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. :;:J ~ ~.' ... ~~ Decedent was domiciled at death in C~mberland ~~<:unty, P~sy'lvania, with his last family cJfprinCi~~A!::irlence') ,-) ~:e~~u~'5 ~~}~~, ~~~~:~\\t~:~~ l\\\~ IWp) p~ \-055 . Decedent, then ~ears of age, Decedent at death owned property with estimated values as follows: (if domiciled in PA) All personal property................................. $ 5.001.00 (if not domiciled in PA) Personal property in Pennsylvania .......... $ (if not domiciled in PA) Personal property in County..................... $ Value of real estate in Pennsylvania ............................................................................... $ Total..... ............. .......... ................................................ .......................... ............. $ 5 001 00 Real Estate situated as follows: None Wherefor, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the a ro riate form to the undersi ned: ign re Typed or printed name and residence Jack R. Lesher 36315 Tarpon Drive Lewes, DE 19958 = = 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. Sworn to and affirmed and subscribed before me this tt~y of ("") ~o ,,,,;:0 C"l "l:J (] " :::r- r~~~ -~oo "0 .., ..._..)~ . ::0 --I :g = = -..I ~ c:: r- N o -0 :x ~~2 "1', . ; j r::: ~",-; '~~:-') ~~2; :l~ r-'.':'r-l '~J, \,:=) ~ .', c-::; r'.'T-i ,,- . I ~S~f~ ';.'_.."~. ....-....., .. i ,2007. PA N .. \0 DECREE OF REGISTER Deceased No. 8\ - 0, - ov'6Cl Social Security No: <g AND NOW, side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters I:8J Testamentary D of Administration Date of Death: June 15. 2007 , 2007, in consideration of the Petition on the reverse (c.I.a., d.b.n.c.t.: pendente Itte; durante absentia; durante mlnoritale) are hereby granted to Jack R. Lesher in the above estate and that the instrument dated June 22. 2000 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters................................ .$ C~) Short Certificate(s)....~.....$ Renunciation........ ...............$ VVW................................... ....$ I. T. R.......................... ...........$ JCP Fee.......................... ....$ 45.00 I~ .()() 'a. 00 ll11l(jl\ c1{)~~. ~batl7!fh gur r I sc;l..Lp_ 15.00 10.00 Attorney: OtheL...AlJt~L.f~~................$ 5.00 ~7 I t.X) TOT AL.................................$ ~.OO BY: W.Je 1.0. No: 15985 Address: Barlev SnYder LLC 126 East Kina Street. Lancaster. PA 17602 Telephone: (717) 299-5201 DATED FILED: U'f':'.<":"-:=> ';l,rv 11\',/("1;\ ~ \ - 0 I -OIJz 3<i LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. P 13550593 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of DCLth duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vi:al Records Office for permanent filing. ~frl~N19JOO7 / Local Registrar Date Issued Fee for this certificate, $6.00 ._.._~....___....,-.__.,-_............,...,.._..____. ,. ~___."...___"'~___''''__''__'___'~'__''''''''^'_''__'''''''_'__''____.__~.<.___"' <0 (") S;o 't::o .''1. Uo ,:1: . -,,; )> hi 4::n en;:.;: 00 -:>0-" .:;,c . :0 :u-l :t~ r-..:l = = ...... c... c:: r- N o --.....--..-.....--..".-------....-...-.---- .--~--_."...,......._..._.__..._...~-_.._---.---"._~-"',-_.. ....... --_....~----_..--_.._..... " ::x N (::'") Cr:-' " '''--;~1 '1'-1 . ,-0') ifl \D . MY 11/2000 l'A1NTIN AANENT CKINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instruction. and .umpl.. on rev.....) STATE FILE NUMBER .. DOle of DutIl (MonIt1, diy, 1M~ - 4768 June 15,2007 ,ell, 7. Olhor: oOther. Soledly: 10, Race:,Americanlndian, Black, WhIle, etc. Jm.e 11.-'UIuoI moolol IIt.Donot_ 1(inIl1ll_ Knlol_llIdMy business owner restaurant 1'. Dec:o<IonrsMlllNng_I_I,cily/_,_,ztp_1 100 Mt. Allen Dr.,Rm14 ".F___(1'ldt.middIo,IaIl,JUf!bc1 Alva Miller lib. Counly l1C.~YII,_Uvodil Upper Allen l1d.0 Ne,_Uvod_ Aduoll.illlll 01 T.". Cltylllalo 200. Ink""'...... _ (Typo 1 PrIn!) Dennis C. Miller 19. MoI1er"_IFlrol,,,-,__1 Jenny Myers ~3'OO'.~~~'trh~'~~)Edmond,OK 73034 21'. PIocoofllilpOo!lon(Nlmlol_,"""'""Y"-plIclll 21~~ICllyI_,_,zli>-l Camp Hill,PA170l1 Hummel Ave.,Lemoyne,PA17043 23b.I.Icoroo_ 230. DIIo SignecI (Monlh, diy, yoarl ,\ppnlIIImIlI_: Onset 10 DooIh 28. Wac.. _10 _ _I eo-Ior. Reuon 0Ihe. thane_ion o. Oonallon? o v" ):CI Ne l'artn: EllI8l'__.....-.._Ill_. 28.DidT_~~IllOlolh? butnot~InIhl\nlOllyiV,j_gNI<\InPsrtl. ov. ~ o Ne 0 Unknown · 0 r~~7 ",)(,...1 OIHI 10 (or... 01) c,,/'c.,....OJ"-'l:t. t...J,io~1 ~I . cC'r,t.,;~\J.w_.Av CLC. L , ,.f~ 29.nF_: o NcI-,_putyoa. o~.linool_ o Nol___IU-,_42dorj1 oIdolIlh o NcIpoopnl,,",-,<3<1ay1101_ 1lIf1n_ o _Vpoopnl-lhIp111_ 32<:==~iShoal,FIcIo!y, _IIII_V"", IldulD.....llltldonh.. EnIst.. UllDlllLYNI CAUII =-a~~ b. 0IHI1O("..0_0I): c. Due to (or all coneequence 01): :IlL Was III "'-t - d. n. _ "'- Prdrlgs __IO~ 01 CIUIo 0I1loIlIl? ov" ONe 31._0I00dl J4- D- 0- 0 PancIng~ 0- oCol*lNclbo~ _Tinoollrjur{ 32g.Locallonollrjur{~,Oly/_,_) ov. OtNe M. 33a. CotUIar (chock only one) . ~~(!'hjsIdIlIcet1ifyIng_oI____phyIlCiIlIhaoPftlllOllllC8Cl_snd<Qll'lliOlOd",,",231 faille_of""............ __dul.....oouso(.l....-..-.. -- -- - - -- - - - - - - - -- - -- - - - - - - - -- --- . =:=~..:;::=".::::"'snd~~~.....~=_.___---_------------ 0 . ==-..=....'............,iI""oplnIon,__.....-......,sndploco,....dullollle_.lsnd_..-.. 0 :~.~ Oi.positlon Permit No. b( I ~ 7 -OCl JC( BMB/888753.1I041400 '" Will of Roy R. Miller r-.,) C) = c = ~O ......, --', I, Roy R. Miller, of Mechanicsburg, Cumberland County, Pe~~a, ~eby;:.:) . revoke all prior wills and codicils and make, publish, and declare this instrum~~~ ~ laste:' ill ~z~ w . .::0,* C) . ::Jr---6 ')d., -0 c.:) c: ::x , ::.0 'D--I )> Section 1. References . N (a) c..> At the signing of this will, my children are Dennis C. Miller and BflIIbara L. Giersh. (b) All references herein to children or descendants of mine or of any other person shall include any child or descendant lawfully adopted as such either before, on or after the date hereof to the extent permitted by Section 2514(7) of the Pennsylvania Probate, Estates and Fiduciaries Code. ( c) The word "fiduciary" in this will includes an executor and a guardian; unless the sense is otherwise, each of these words includes its plural. A male form of pronoun includes the female. (d) 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. Executors. I appoint my friend, Jack R. Lesher, to serve as executor of this will. If Jack R. Lesher shall fail to qualify or cease to act as executor, I appoint PNC Bank to serve as successor executor. Section 3. Tangible Personal Property. I give all my tangible personal property, not including any property used in a trade or business, together with all my rights with respect to all insurance relating to this property, to my children who survive me, to be divided between them as they may agree, or, if and to the extent they cannot agree, by each of them selecting an item or items of equal value in turn, with the order of selection to be determined by lot, so that the division between them will be as nearly equal in value as possible. I suggest to my children, but I do not direct, that they distribute a part of the property in accordance with any lists BMB/888753.1I041400 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. Section 4. Residuary Estate. I give all the residue of my estate, of whatever nature and wherever located, including any property described in but not effectively disposed of by preceding sections of this will, to the trustees under a deed of trust heretofore this day executed by me as settlor and myself and PNC Bank as trustees, for the uses and purposes provided in the deed of trust and any future amendment thereof. If the deed of trust is revoked after the execution of this will, or for any other reason is inoperative at the time of my death, the residue of my estate shall be held by the trustee in trusts the provisions of which shall be exactly the same as those set out in the deed of trust, and any future amendment thereof, as if the provisions were set out word for word in this will. Section 5. Death Taxes. All estate, inheritance, succession and other taxes payable by reason of my death with respect to all property forming my gross estate for death tax purposes, whether or not such property passes under this will, shall be paid, without reimbursement or contribution from anybody, out of my estate as a general administration expense. If the readily available assets in my estate are insufficient to pay funeral expenses, all claims against the estate, the expenses of administering the estate and all death taxes chargeable to the estate and to satisfy all pre-residuary legacies or devises under this will, my executors shall collect from the trustees of the deed of trust described herein such sums as may be required to pay such amounts. Section 6. Spendthrift Provision. Except as otherwise required by law, no interest of any beneficiary in any property passing under this will, whether income or principal, shall be subject to anticipation or assignment by the beneficiary or to attachment or other legal process by any person having a claim against the beneficiary while in the possession of my executors. Section 7. 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 tor investments by law, and whether or not productive, without diversitication as to kind or amount. (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 2 . BMBI8887S3.1I041400 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 nominees. (t) Power to join in and to deposit securities under any plan of lease, 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 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 executors or trustees 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. (j) 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. (k) 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. 3 BMB/888753.1/04 1400 (1) 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. (m) 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 the income tax basis of specific assets allocated to any beneficiary. (n) 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 banking institution, including any fiduciary, as my fiduciaries may designate as custodian for the beneficiary under a transfers to minors act. (0) 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. (p) 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 8. Concerning Fiduciaries. (a) Each individual fiduciary shall have the power at any time to appoint an additional or successor individual fiduciary, except to the extent an additional or successor fiduciary has already been appointed pursuant to Section 2 of this will. (b) 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) No individual fiduciary may exercise a discretionary power in a manner that would directly or indirectly benefit the individual fiduciary. (d) 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 4 BMB/888753.11041400 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. (e) No fiduciary shall be required to give a bond or other security in any jurisdiction. (t) 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. (g) 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 I s death, incapacity, or resignation as a fiduciary. I have signed this instrument as my last will on this date: ,IJ)./oo I ~~ R Opl!t~ Roy . Miller 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. Afl- ~ , /~~A /~~ o~~C~2\.l~ 5 BMBf8887S3.lf041400 . . Acknowledgment Commonwealth of Pennsylvania County of C.d!h.6,4rMnc/ 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. szm to or affirmed and acknowledged before me on this date: ~/;, ~ . 'flr1t c" r ,JJ / '.' _ ~~~?"t;;:,"'I'~"~ :,~,'~ ':' ~::'" . "'" ~' '" ~ '-.': (, - ,>" ~I?-~ Roy iller ,.- ,'/ c; . ',';.~ . ~~ ,.,,' ~..~; I ','. I ':. ' ,~~.J. , " ~ . . . . \ ;.,. ':, i r~: " I!'l'" ~#'otJ,~ Notary Public Notarial Seal H~~~\ Leiphart, N~ Public I My Commisskfn' ~~::= ~ Member, PellnSylvanja 4.........._..__ . -.-.cwonotNotartes 6 . , BMB/888753.1I041400 . . Affidavit Commonwealth of Pennsylvania County of aUP2bP/,h,g' We, the witnesses whose names are signed to the attached or foregoing instrument, having been duly qualified according to law, hereby depose and say that we were present and saw the testator sign and execute the instrument as his last will, that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed, that each subscribing witness in the hearing and sight of the testator signed the will as witness, and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. ~tL~ " Witness ~~~ d &AMd-K-J """""Witness 0'1JC)1:() ~a.}..D f'\. Witness ... -.. Sworn to or affirmed and subscribed to before me on this date: t1~a? ;,l,:IH/ .' j;,! / :. .; C~./ .,." '" -,.', .'/ , ..' ..1.' r I"', ~. :" c.~ ,f' " 1'~'I""" .. / . ~"';; (~-., . ,". ~~;1n1~/-/ " ,A . ",:' 7 - I Carol A l Notarial Seal I M Hacmpto'! Tw~~?~~tt,n~~!r-, Public L Y omm,sslon EJCpi '-IU ~ M~ p res Nov. 15, 2Ol>3 , , &nnsyIvanlaAssoclattoOot~ t' ". "'. :'<,' :;:: ~" :~'~"/ . ~ ." 1-~al'lcv SIIV( It'I' LLC 01 .; \ I I () J{ \ I ) "I .\1 1\\\ 126 East King Street Lancaster, PA 17602-2893 Tel 717.299.5201 Fax 717.291.4660 www.barley.com Nancy A. Holtzapple, Paralegal Direct Dial Number: 717.399.2162 E-mail: nholtzapple@barley.com July 19,2007 VIA CERTIFIED MAIL RETURN RECEIPT REOUESTED Cumberland County Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Estate of Roy R. Miller Dear Sir or Madam: Enclosed are the following items in connection with probate of the will of Roy R. Miller, who died on June 15,2007: 1. Original and one copy of Mr. Miller's last will dated June 22, 2000; 2. Petition for probate on which the executor's oath was taken before the Lancaster County, Pennsylvania Register of Wills; 3. Death certificate; 4. Pennsylvania Department of Revenue Estate Information Sheet; 5. Check in the amount of $87.00 representing the probate fee, calculated as follows: Letters fee Three short certificates Will JCP fee Automation fee $ 45.00 12.00 15.00 10.00 5.00 $ 87.00 Finally, enclosed is an envelope in which to mail the Letters and the short certificates to me. Lancaster' York' Harrisburg' Reading' Berwyn . Hanover' Chambersburg July 19,2007 Page 2 If you have any questions, please do not hesitate to call. Very truly yours, NAH:clr/1993979.1 Enclosures cc: Mr. Jack R. Lesher