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HomeMy WebLinkAbout09-12-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Kathryn E. Miller also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-- 0 l D ~\ , Deceased Social Security Number 187-16-4395 Patricia A. Peterson Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE~' or 'B' BELOW:) [!I A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix last Will of the Decedent, dated 02/05/2002 and codicil(s) dated named in the 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (It applicable, enter: c.I.a.; d.b.n.c.t.a.; pedente lite; durante absentIa; durante mmontate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence ,-......) ~.~~ c:::..~ -..J U') (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with 5225 Wilson Lane, Mechanicsburg, Lower Allen Township, Cumberland County, PA 17055 (List street address, town/city, township, county, state, zip code) ::':J his / her last principal resj~~~~ at -c' C') .:.- Decedent, then ~ years of age, died on 08/22/2007 at Lower Allen Township, Cumberland County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: N/A 250,000.00 $ $ $ $ Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Patricia A. Peterson 2 Ash Drive Mechanicsburg, PA 17050 o Form -02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS } The Petitioner(s) above-named swear(s) or 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 estate according to law. Sworn to or affirmed and subscribed before me this \'d. day of File Number: A~J(/~ ~ature of Person€1 Representative Patricia A. Peterson Signature of Personal Representative (") ':::;.:0 :'::i~ --CO ~":~ .;_.~s :~~:Z ,.,.~) 1~ <~ -J (/) PI '-0 __ _"0 . , L -'. ., j ) Signature of Personal Representative N ~'1 =c; ,-~=i --I co a .r:- I", 21-- D"1 6~~ Social Security Number: Estate of Kathryn E. Miller Date of Death: 08/22/2007 , Deceased AND NOW, ,~~ 187-16-4395 \~ ad5\ ' in consideration of the foregoing Petition, satisfactory proof Testamentary having been presented before me, IT IS DECREED that Letters are hereby granted to Patricia A. Peterson in the above estate and that the instrument(s) dated 02105/2002 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters..........~G\)tO):}O'........... $ Short Certificate(s)..........1.......... $ Renunciation(s)............................. $ ',.J\\\ $ ~(f $ (\~ $ $ $ $ $ $ $ TOTAL.................................... $ Form RW-02 Rev. 10-13-2006 b\tl db ~ ~ _~huvrob f'^t"xbt Altome, 5;, """,e' ~Il~ Attorney Name: James D~ BO~ r5 \0 c; Supreme Court I.D. No.: 19475 Bogar & Hipp Law Offices Address: One West Main Street Shiremanstown, PA 17011 Telephone: 717-737-8761 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 HI05.X05 REV (01/07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13772063 Certification Number 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. ~/1) ~~ A}JG Zj~OOi - t7 Local Registrar Date Issued o <::;0 .'-. ::0 '!~~o .: ',t; \-n : 27:5'2 ,;(~O 1 (::-1 J'l , .11... ..._ .-" _v -l n .;..;.. /"-..::> f:=:::J <= ~ (/) f'f1 -0 N ') ::P" :J: CR <::) ~ ~ ~ I REV 11/2006 1 PRINT IN MANENT tCKINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) 01 0<& 1. Name 01_' (AIIt, middle, last, sulIix) Kathryn E. Miller s. Ago (Lasl Birthday) 83 ea. Place of Dea1h ICheck only on. Hoopltal: Other: o IrtpOll.... 0 ER I Outpatient 0 DCA tJ Nursing Hom. 0 RosklortCO 9. __nl of _ Origin? No 0 VOS IU yes, ~ Cuban, Mexican, Puerto Rican, .tc,) 12. Was _'over in 1t1. 13. Decedont's Educallon (Specify on1y highesl g_ comp~tod) U.S, Armed F_s? Elementary 1 SecondOry (0.12) Coflege (1-4 0' 5+) oVos GaNo 12 ~~ 17. StaI.Pennsylvania Cumberland 17b. County 6. Dale olSirth (Month. day, year) 7. . 12-18-1923 v... !d. FociityName (UnoI_, lI'O _ 8ndnun\borl Bethany Village 81>. County of 00,,", Cumberland most of life. 00 not state retr KRloIBusinOS&/In<lus1ry . 16.~'S~(SI~M.'e'own,S",.,zipood&l Mechanicsburg PA 17055 oOthor. Specify: 10. Race: American Indian, 8I8ck, 'NMe, etc. (Spocifylwhite widowed Q;dDocodont...x . . Lower Live In a 17c. LT Yes, Decedent Uved In Township? 17d. 0 No, Oooodonl Uvod within Actual limits 01 Allen Twp. Twp. CifylElo<o l&F~~hrr f':;:::' "ii~\re r 200, Informant's Nome (Type I Pnntl 19.r:'l!lti'i'r ~~m""Tffbmas 2Ob.1nlormanrs Mailing Addroos (Slreet, city ltown, slalo, z~ code) 2 Ash Drive Mechanicsbur 21c. P1ace of ~sposllion (Name of oomotory, """,,,lory Ol other p1aco) Evans Crematory 21d. Location <9tY../town. stale, zip code) Scheafferstown PA , remotion 0 00naII0n 21b, Dalo of D;sposition (Monttl, day, yost) o BunoJ 0 R.movsl ITom Slat. i Was C_. Ol DonItIOIl A_. of! 0 8- 2 4- 2 007 o Other, Specify: ! by _ EnmInor 1 Coronor'1 ... Vos No ~ 220. . I_licenteo (Olpo!1Oll acting as such) 22bFitDl~48 L 22~~~=:Flri . ~ & CS, lnc PO BOX 431, New Cumberland PA 17070 noms 24-26 muoI be """!lloJod by ponlOn . who pI'ClIlOUl'lCtS death. Approidmato intOMJ: ClnsoJIoOoatl1 ~=~~I~ a fYl<e 1 A &1 ftl\ c... CAN (E' R. OuelojOl80._oI): p b 0N \t.NOWN tZ1 mArZ't Ouelo (or as a_oI): CYrAJCE7L ~Iol""-,,, Uony, to CIUIt.1islId on Ifle a. Entar UNOeRI.Y1NG CAUSE ~n~~ c. Due 10 (",,,._01): 300. w.. an ~ -- d. 3Ob. Were A_ FIndingS AvUabIe Prior 10 Completion 01 Cause 01 0001t1? OV.. oNo 32d. Trno 01 Injury 31. Manner 01 0001t1 ~ 0 Homicide o AocidOn' 0 Pondngl_1Ion oSolcldo oCoUdNolbe~ POL'fm'fAt..C,IPt ~mflll MJ€.MIf\ 29. tf Femele: r9' Not pregnant within post yelIr o Pregnant al Ume of do,lt1 o Nolprognanl,blJtprognanlwithin~days oIdaolt1 o NoI pregnant, bIJt pregnant 43 days 10 1 yell' beklnt_ o UnImown ff prognont _ the post YO" 32<:. Place 01 injury: Homo, Form, SIroeI, Factory, 0IIc0 BuikIng, .~. (Specify) M. 32f.UTransportollonlnjury(Sp6cIfy) o Driver'1 Oporot", 0 Psssongor oP_on Other . Specify: 33b.SignoJuro.ndTrtIoof~ ~~~ ov.. ~ 330. eo_ (chock only orto) CorttfyIng pllyololon (1'hysiOon oortifyin<J """ of daoth when another physiclan heI """""""'daolt1 and """!lloJod Item i!lll To tho baot of my "-lodge, _ occurred dut 10 tho CIUOO(I) end mennor.. -.L __ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ __ _ - _ - - - - -- ~=~~~=~~::;=U~ond~::.\~Io~=:'~__"-.L_________________ 0 ~.::' =":'='nd I or In~, In my opinion. _ occurred" the Umo, dote, end pIac:o, end duo to tho ..1IIO(1).nd mennor.. -.L 0 32g. locallon of Injury IStrooI, city 1 town, s,.IoI 330. I.icono& Number 1"10 4-d.-OJt 33 ~~~Niot~od~~t;r~:rrtnt 34-Sb lltllUDU:: ~AO ~ ~ ,~tu.. PA l1-ol \ I~/Ial/ if I 366/d~';7 oos-D7iO :. RegWra~OEI Ols9OSilion Permit No. 4 "- c"' .,......" ~ { iP ~ ~ , 'K LAST WILL AND TESTAMENT OF ~ >'-"") o '-;0 ::':~l KATHRYN E. MILLER ,__t/() - j - ..- ::1 I, KATHRYN E. MILLER, of Mechanicsburg, CumberJ:aJad r.) County, Pennsylvania, make, publish and declare this asiria fG~ 1,__ my Last Will and Testament, hereby revoking all other ~i~~s arl5 >"~ (:; Codicils heretofore made by me. ,- FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, unto my husband, HARRY F. MILLER, provided he survives me by sixty (60) days. SECOND: Should my husband, HARRY F. MILLER, predecease me or die on or before the sixty-first (61st) day following my death, I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, as follows: (A) Forty (40%) percent thereof to my daughter, PATRICIA A. PETERSON, provided, however, that should she predecease me, then to her issue per stirpes by representation. (B) Forty (40%) percent thereof to my daughter, JACQUELINE L. MILLER, provided, however, that should she predecease me, then to her issue per stirpes by representation. (C) Ten (10%) percent thereof to my grandson, ANDREW B. SHEARER, provided, however, that should he predecease me, then to my daughter, PATRICIA A. PETERSON. (D) Ten (10%) percent thereof to my grandson, PETER F. CHAMBERLAIN, provided, however, that should he predecease me, then to my daughter, JACQUELINE L. MILLER. ~ ~ ~ ~ ~ J ~ ~ i~ ~~ ~ THIRD: Should any of my grandchildren not have attained the age of twenty-four (24) years at the time for distribution to him, I give, devise and bequeath the share of each such grandchild to my hereinafter named Trustee or Trustees, IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for the said grandchild's post- high school education (including college, trade school or other similar training or education), as my Trustee or Trustees, in their sole discretion, deem advisable. The Trustee or Trustees, in exercising their discretionary authority with respect to the paYment of income or principal of the within Trust to my grandchildren, shall take into consideration any income or other resources available to my grandchildren from sources outside this Trust. Any income or principal not so applied shall be dis- tributed to each grandchild when he attains the age of twenty- four (24) years. In the event any of my grandchildren die prior to the termination of the Trust established herein for their benefit, the interest of my grandchild in said Trust shall cease with any income and principal being divided evenly between or among that deceased grandchild's brothers and sisters or the separate trusts established hereunder for their benefit and, in the absence of any brothers and sisters, to my other grandchil- dren in equal shares. FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give 2 ~ ~ , r-.. o .'\} ) '" ~ tl ~" ':' options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise 3 any other rights which they may have under the plan, in whatever manner they consider advisable. FIFTH: I nominate and appoint my daughters, PATRICIA A. PETERSON and JACQUELINE L. MILLER, as Co-Trustees of the hereinabove described Trusts, who shall serve without bond and shall receive fair and reasonable compensation. SIXTH: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SEVENTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. EIGHTH: I nominate and appoint my daughter, PATRICIA A. PETERSON, Executrix of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said PATRICIA A. PETERSON, I nominate and appoint my daughter, JACQUELINE L. MILLER, Executrix of this, my Last Will and Testament. I direct that my Executrix, Trustee or Co-Trustees and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this '$"-t1-\. day of , 2002. r-eJ)-~"'d 1!z-a1'< !! t71 ;e(, V KATHRYN . MILLER (SEAL) 4 Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~D~ ~~()U d. ~amvo Address Address 5 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYL V ANlA Estate of Kathryn E. Miller , Deceased Patricia A. Peterson and D'1 <65\ (~ll) being dilly qualified according to law, depose(s) and say(s) that she kJxe I~~ was I H~ well- acquainted with Kathryn E. Miller and am/9fJt familiar with the handwriting and signature of the decedent, and that the signature of KatbrynE. Miller to the foregoing instrument purporting to be the Last Will and Testament/~f Kathryn E. Miller is in FtiSlher own proper handwriting. ~fliiu~tJ N~J Ig atu (Signature) 2 Ash Drive (Street Address) (Street Address) Mechanicsburg, P A 17050 (City, State, Zip) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this \cl of ..bl ~V'Y"b1J-.. day ~ Form RW-04 rev. 10.13.06 (") c::o ';~ ,l~ ~C05-::: 1'--.:> c::::- = -..J (/) P1 v N :J::'J"lI - -;,;j:;,. CX) C) .r::- 01 ~3l REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA C) :=0 <:;=:g -,- C) tF;::; ~"'-' ~,-) (I; 7-; C) ~? r--J C-..:::> c;::) -..! (/) rq -0 -' OATH OF SUBSCRIBING WITNESS(ES) N ::tl" ::t: , ::'0 --l "-;?:. Cf.) .. c::> + Estate of Kathryn E. Miller , Deceased James D. Bogar , (each) a subscribing witness to (Print Name/s) the &a Will CI Codicil(s) presented herewith, (~~ being dilly qualified according to law, depose(s) and say(s) that me / he / the~ was hwarrr. present and saw the above x~ / Testatrix sign the same and that she / W~ signed the same and that she / he / ihe~ signed as a witness at the request of the }fxMaI1Uc! Testatrix m her / ox presence and in the presence of each other. (Signature) (Street Address) (Street Address) (City, State, Zip) Shiremanstown, P A 17011 (City, State, Zip) Executed in Register's Office Sworn to or affumed and subscribed Executed out of Register's Office Sworn to or affirmed and subscribed before me this day before me this of ..171 J'A/U~ II tL- day ~o 0 ., , of Deputy for Register of Wills LlIr ;3tJ~ Notary Public I My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission,) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 NOTARIAL CAIOLA. BOGAR NOTAR\'PUBUC SlflREMANSTOWrt BORO: CUMBERLAND co. MY COMMISSIOR EXPIRO NOV. 13 2007