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Home My WebLink About10-31-78 ,I . . IN RE: ESTATE OFT. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT O~COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION 21-78-314 ORDER OF COURT ttf AND NOW, this~' day of October, 1978, upon consider- ation of the foregoing petition, and on motion of Harold S. Irwin, Jr., Esquire, John H. Broujos, Esquire and James D. Bogar, Esquire, a rule is granted against Beatrice M. Claus to show cause why the election of Beatrice M. Claus to take against the will of T. A. Miller, should not be revoked, vacated or annulled. All proceedings in this matter are stayed pending dis- position of this rule. Service to be made by certified mail upon counsel of record for Beatrice M. Claus, the Estate of T. A. Miller, ~ days from service hereof returnable. By The Court, ~~ t: J. ..". .fA..... .la.... '11:::;7 lJvu~. .au\) rt:~ ..;r.n --- "'''':1-''". ".,. '1'( _. '. "."f~" - "~,Ti"7"":"";r.,!,"7".~~". ";' , '" '""1"':.,', ,~..;::-',~'t'.."..~ .,... .'. J .. . '" IN RE: ESTATE OF T.A. MILLER, LATE OF, THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED. . . IN THE C OUR '1' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 : . . . . : : CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be-ana appear in your proper person before thE: Honorable Judges of the Common Pleas Court, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumber la:l d to show cause why said parcel of land should not be sold, divested of the conditions imposed by decedent's will, returnable and to be heard. a hearing is fixed for Monday, Nov. 6, 1978, at 10:00 o'e1ock A.M., in Court Room No. I, at which time Bethel AME Zion Church, Shiloh Baptist Church, West Street AME Zion Church and the 'ro\\lnship of North Middleton may appear and be heard on the question of the request.ed sale of said premises, divested of the condi tions imposed by decedent's will. 15 days notice of hearing to be give by certified mail to all parties. Witness my hand and official seal of office at Carlisle, Pennsylvania this 11th day of October:, 1978. ~J{~AJ L. anr~/li)/~ Clerk of Orphans' Cour t Division Cumberland County iL PBS\.,..,,,h Carlisle,Penna. ~ My Comm. Exp. 1st. Mon.Jan.1982. " . . '\ IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CU~ffiERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION 21-78-314 PETITION FOR RULE TO SHOW CAUSE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW come Shiloh Baptist Church, West Street A.M.E. Zion Church, Bethel A.M.E. Zion Church and North Middleton Township, Cumberland County, Pennsylvania, petitioners, and respectfully represent: 1. That T. A. Miller died testate, June 2, 1978, a resident of the Borough of Carlisle, Cumberland County, Pennsylvania. 2. That the Last Will and Testament of T. A. Miller, duly probated and recorded in Will Book 78, page 855, he appointed Beatrice M. Claus to be his executrix, and letters testamentary were issued to Beatrice M. Claus by the Register of Wills in and for Cumberland County, Pennsylvania, on June 21, 1978. 3. That the parties in interest under the said will of T. A. Miller as devisees of a parcel of real property in North Middleton Township, Cumberland County, Pennsylvania, containing seven acres more or less, are Shiloh Baptist Church, West Street A.M.E. Zion Church and Bethel A.M.E. Zion Church, and as contingent devisee by a conditional gift over under the said will, the Township of North Middleton, Cumberland County, Pennsylvania. 4. That the above parties in interest have not consented to the election to take against the will. There are no parties in interest who have consented to the election to take against eOQ~ 10.5 F~r;E 364 . . ... ~ the will except Beatrice M. Claus. 5. That on August 2, 1978, Beatrice M. Claus, alleged widow of T. A. Miller, filed a notice of her election to take against the will of the said T. A. Miller, wherein she elected to take and receive her share of the estate under the intes- tate laws of the Commonwealth of Pennsylvania. 6. That Beatrice M. Claus is not the surviving widow of T. A. Miller, decedent. WHEREFORE, your petitioners pray your Honorable Court for a citation upon the alleged widow, to wit, Beatrice M. Claus, to show cause why the said election to take against the will of T. A. Miller should not be revoked, vacated or annulled. AND they will ever pray, etc. Irwin, Irwin & Irwin by: and by: n rouJ os Attqrneys for Shiloh Baptlst Church, West\.sPreet A.M.E. Zion Church and Bethel A.M.E. Zion Church a '1 "/-t/{7'(} (~~ I James D. ~ogar Attorney for North Middleton Township eoar. 105 rlll:t 365 f' '<<, ,'( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Marcus L. Hodge, Chairman of the Board of Trustees of the Shiloh Baptist Church, who being duly sworn accord- ing to law, deposes and states that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. -m ~~, '/.11'~/ Sworn to and subscribed before me the ~+~ day of October, 1978. FON, NOTARY PUBLIC AND COUNTY MY COMMISSION EXPIRES DEC. 15, 1980 Member, Pennsylvania P4sociation of Notaries ....... . J'v' . . I-~ I I.' :~ , . ;;";., ".'. .::....,"""'~~.,. 10~ r 1',- 3C'6 800K :J tu u .. S3h. '<j or H. NOOI .. '" I-tJ trl> > z f-' ::0 '"=9. : 0 .~ ~ tr:J z:::o 1-3 I I-cJ c: << ... 1-3 z: r tr:J.~ --::J ~Ol J: ~6 H r./J H tJ.j o:>:J> r-li J: '-', >- -- 1-3 r<: .(iJ 0 .. I ~@I z S3~ H r t-l l-:1j LA) 0 < G <: tr:I tr:I f-' t:I1 to:! , PI ~~ Z >'" 8t:11 -1= ~ I :ll (Jl >-7 ~8 or , ~ ~-; ... ol-:1j :H o)::rj> O:J> :lJ ~ PI :J> 0 > e:: 8 c:: z: I PI ... 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