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HomeMy WebLinkAbout05-17-10~~~ ,/1,~1\, 01 I I~ i 11( ~ Stanley A. Smith QT ~ ~ ~TO~T ph (717) 231-5628 (X lv lv LLP fx (717) 238-8623 ssmith@rhoads-sinon. com FILE NO: ] 1$23/0 ] May 14, 2010 ~ ~ .. , ,~ Re: Estate of John Francis Miller ~ - G - ~ ,~- ~~~~~ ~~~~~'~IAy`````,,'''''''JJJ'' ~~,~~~ ~ ~ lJ ~ , 44 ~. f VIA FEDERAL EXPRESS ~" -~ m ~ ' :--~A Ms. Glenda Farner-Strasbaugh -~-- ~'' ~ -- p - ~~ , ~a Register of Wills .~ r , C~ ~ ~~~ -~-~~ -~ ..~ ~ :-.+ Cumberland County Courthouse ~ -~ ~~ .~. ~....... ~....k.:-j ,._ 1 Courthouse Square .~~, ,;; , ~~ ~~ a Carlisle, PA 17013 --s Dear Ms. Farner-Strasbaugh: We are submitting to you for probate the original Will of John Francis Miller who passed away April 13, 2010, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will dated May 31, 2007. 2. Original Death Certificate. 3. Petition for Probate and Grant of Letters. Please note that the Oath of the Executor was taken by the Register of Wills of Dauphin County. 4. Estate Information Sheet 5. Check in the amount of $153.50 representing payment of probate fees of $90.00; Will fee of $15.00; cost of five (5) Short Certificates $20.00; JCP and automation fee of $28.50. We have enclosed a copy of Petition for Probate and Estate Information Sheet and ask that you time-stamp and return the copies to us in the envelope provided. If you have any questions or require additional information, please do not hesitate to contact our office. Enclosures cc: Mr. Daniel J. Miller (w/o encl.) Very truly Rhoads bt' Sinon LLP Attorneys at Law Twelfth Floor One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 • ph (717) 233-5731 fx (717) 232-1459 www.rhoads-sinon.com PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of JOHN FRANCIS MILLER File Number d ~' ~~ ' d S ~ '3 also known as JOHN F. MILLER _ Deceased Social Security Number 201-14-0403 DANIEL JOHN MILLER Petitioners, who are 18 years of age or older, apply for: (COMPLETE `A' OR `B' BELOW:) A. Probate and Grant of Letters Testamentary and avers that Petitioner is the Executor named in the last Will of the Decedent dated May 31, 2007 and codicil(s) dated None (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: No exceptions ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if a.ny) and ~: (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.) ~ „~,,,. C~ ~ ~~ f^ " ":.: ~ .:~ .7 j (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. e;~ C~! `~~ --, Decedent was domiciled at death in Cumberland County, Pennsylvania with his last principal residence~r=1 1921" ;-.~, ~-~j Monterey Drive, Mechanicsburg Hampden Township Cumberland County, PA 17050 ""- --- Name Relationshi Resi ~ ~+ - . Imo.. .:. ~- ~.+ 2..-> ~ .. ,,,A. (List street address, town/city, township, county, state, zip code) `"t Decedent, then 84 years of age, died on April 13, 2010 at Holy Spirit Hospital, Camp Hill. PA Decedent at death owned property with estimated values as follows: (lf domiciled in PA) All personal Property $ _ 50,000.00 (If not domiciled in PA) Personal property in Pennsylvania $` 0.00 (lf not domiciled in PA) Personal property in County $_ 0.00 Value of real estate in Pennsylvania $ 0.00 TOTAL $ _ 50.000.00 situated as follows: Wherefore, Petitioners respectively request the probate of the last Will presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Ty ed or rinted name and residence L~~y~ Daniel John Miller 1921 Monterey Drive Mechanicsburg, PA 17050 780328.1 LAST WILL AND TESTAMENT OF John Francis Miller BE IT KNOWN THIS DAY THAT, I, John F. Miller, of Allegheny County, Pennsylvania, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made. ARTICLE ONE Marriage and Children I am divorced from Catherine E. Miller and have the following adult chip ~ ca ~.. , 6 Name: Daniel John Miller Date of Birth: March 7, 1956-~ ~ ~ ~ __ ?~` ~~n -•c ~; ; ... --J _.F a ARTICLE TWO ~=~~?~-~ ~ :~~~ ~~ c~ ~~ Debts and Expenses %,~° ~' ~ --~.~ ~~~' ~ -x :_ -- I direct my Personal Representative to pay all costs and expenses of my°fast illness~~ nd .; ,~ funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts. ARTICLE THREE Specific Bequests of Real and/or Personal Property I will, give and bequeath unto the persons named below, if he or she survives me, the Property described below: Name Address Relationship Daniel John Miller 3556 Shoreline Circle Son Palm Harbor, FL 34684 Property: My entire estate excluding the below bequeath to Anne Buckley Headland Name Address Relationship Anne Buckley Headland 238 Packwood Circle Niece Canonsburg, Pennsylvania 15317 Property: $10,000 or 10% of my financial holdings; whichever is the lesser. ~- Cinnari by Toctatnr/TACtatriY• -~- In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shall pass under the other provisions of this Will. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse. ARTICLE FOUR Homestead or Primary Residence I Will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my child, Daniel John Miller. ARTICLE FIVE All Remaining Property -Residuary Clause I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my child, Daniel John Miller. ARTICLE SIX Appointment of Personal Representative, Executor or Executrix I hereby appoint Daniel John Miller, as Personal Representative of my estate and this Will. In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint Linda Lee Miller to serve as successor Personal Representative of my estate and Will. The term "Personal Representative", as used in this Will, shall be deemed to mean and include "Personal Representative", "Executor" or "Executrix". ARTICLE SEVEN Waiver of Bond, Inventory, Accounting, Reporting and Approval My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. ARTICLE EIGHT Powers of Personal Representative, Executor and Executrix I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of Pennsylvania and to the extent not prohibited by the laws of Pennsylvania, the following additional powers: 1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or "Probate Code" adopted by the State of Pennsylvania. r t Ci nArl hu TcacfatnrlTcactatriv• -~- 2. To compromise claims and to abandon property which, in my Executor's opinion is of little or no value. 3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds, or in any other property, real, personal or mixed, as my Personal Representative may deem advisable, whether or not such investments or property be of the character permissible by fiduciaries, without being liable to any person for such retention or investment. 4. To settle, adjust, dissolve, windup or continue any partnership or other entity in which I may own a partnership or equity interest at the time of my death, subject, however, to the terms of any partnership or other agreement to which I am a party at the time of my death. I authorize my Personal Representative to continue in any partnership or other entity for such periods and upon such terms as they shall determine. My Personal Representative shall not be disqualified by reason of being a partner, equity owner or title holder in such firm from participating on behalf of my estate in any dealings herein authorized to be carried on between my Personal Representative and the partners or equity owners of any such partnership or other entity. 5. To lease, sale, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions in such manner as may be deemed advisable by my Personal Representative, all without court approval. 6. To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate, or in any trust, at public or private sale, at such time and price and upon such terms and conditions (including credit) as my Personal Representative may deem advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing bond or other security, or in any way obtaining court authority or approval for any such sale, exchange, assignment, transfer or conveyance of any real or personal property. 7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder. 8. Unless otherwise specifically provided, to make distributions (including the satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property, and to do so with or without regard to the income tax basis of specific property allocated to any beneficiary and without making pro rata distributions of specific assets. 9. To determine what is principal and what is income with respect to all receipts and disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper by them and to partite and to distribute property of the estate or trust in kind or in undivided interests, and to determine the value of such property. 10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder, and to deposit or withdraw securi#ies under any such proceedings. r_ Girt rl hu TACtatnr/Tc+ctatriY• -Z- 11. To pertorm such acts, to participate in such proceedings and to exercise such other rights and privileges in respect to any property, as if she or he were the absolute owner thereof, and in connection therewith to enter into and execute any and all agreements binding my estate and any trust created hereunder. 12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust, to litigate any such claims, including, without limitation, any claims relating to estate or income taxes, or agree to rescind or modify any contract or agreement. 13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine, and to give such security therefor as my Personal Representative may determine. All authorities and powers hereinabove granted unto my Personal Representative shall be exercised from time to time in her or his sole and absolute discretion and without prior authority or approval of any Court, and I intend that such powers be construed in the broadest possible extent. ARTICLE NINE Construction Intentions It is my intent that this Will be interpreted according to the following provisions: 1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural, and vice versa. 2. The term "testator" as used herein is deemed to include me as Testator or Testatrix. 3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time. 4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative and it is my intent that any Court so interpreting same construct this Will and any provision in favor of survival. ARTICLE TEN Misc. Provisions I direct that this Will and the construction thereof shall be governed by the Laws of the State of Pennsylvania. {I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Wiil). If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such r Cin rl h~i Tociatnr/TACfatriY• _d_ person's portion of my estate shall be diminished by the amount of such debt. Signed if Selected: ~. ~" Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative. Signed if Selected: -, `- ' 1'v` _ I desire to be buried in the St. Mary's Cemetery (Sharps Hill) cemetery in Allegheny County, P nn Ivania. Signed if Selected: ~'~ :~ ~,' ~ ~ I direct that my remains be cremated and that the ashes be disposed of v' according to the wishes of my Executor. I, John Francis Miller, having signed this Will in the presence of and who attested it at my request on this the 3i 6 f, day of ~ ~+ y 20 ©~ at /~ i7? f,av/1 (rte ~L'/1/~+/ f y L l/~9 v ~ it (address), declare this to be my Last Will and Testament. _ ~ `` Te for The above and foregoing Will of John Francis Miller (name of testator) was declared by John Francis Miller {name of testator) in our view and presence to be his Will and was signed and subscribed by the said John Francis Miller {name of testator) in our view and presence and at his request and in the view and presence of John Francis Miller (name of testator) and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of John Francis Miller (name of testator) on this the ~~ r>" day of ~'yI~ y 20 ~ 7 _, ~~ ~ Witness Si nature g Witness Signature Print Name: Print Name: Address: Address: City, State, Zip: city, State, Zip: Phone: Phone: ~/ Z- 3 y/. ~ ~ 7 ~ ~- C' nc~ri by TsactatnrlTaatatriv• ~ ~ 2. 3 ~t.t - ~ 7 `1 S -S- PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT Commonwealth of Pennsylvania County of Allegheny I, John Francis Miller, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do 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. SwomS or affirmed and acknowledged before me by John Francis Miller, the testator, this 1 day of Q~I , 20.0'7 ~._. ~,ti T tator Typed Name ohn nc' i I Signature of officer-er-attorrr~ey Seal and official capacity of officer or state of admission of ~ Y ~ Lisa J. Anthony, Notary Public Mt. Lebanon , Al Coun~y Commonwealth of Pennsylvania ~' ~~~~~~~~a~y i 1, ~o~o~ County of Allegheny ~~~~-~ -~.wwha•...r~. ~ ~~_,_~__ a~$ We, ~ i ~r?~ J~'J .~~-2/~ o~ and f C ~ ,the witnesses whose names are signed to the attached or foregoing instrument, being d qualified according to law, do 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 a 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. Swom to or affirmed and subscribed before me by and ,witnesses, this ,~ f s day of ,20_~ Witness _ l _ .a ~~ ,~~ ~~o~ Witness Signature of officer Seal and official capacity of officer . or state of admission ~ r v Notarial Seal *~ Lisa J. Anthony, Notary public Mt. Lebanon T`"``~~ CountY ~ My Commission 11, ?~08 7f1 a f`. ~ 4 R R1A7 1 PRannaulvania CAIf oi~thAntirafinn r4~~ia~iit A~irh,"' p~'Ae~A^-~^+~'ei~,'~rip~e err +- }.~~~h~~~~"~ q,,tiya~*~~