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