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Home My WebLink About02-14-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of EUGENE H. MILLER a/k/a: a/k/a: a/k/a: .,,.~. Deceased ESTATE NO: 21- ~~ " SS NO: Petitioner(s) who ire 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters TESTAMENTARY under the last Will of the above-named Decedent, dated _____ 5/7/2004. and codicil(s) dated (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): SPOUSE- JANICE A. MILLER DIED FEBRUARY 24 2001 ^ B.Gr ant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows: Name Address Relationship to Decedent ;~_- Q ~~ ~i ~~n .~:? '~= USE ADDITIONAL SHEETS IF NECESSARY ;`; l_"" r THIS SECTION MUST BE COMPLETED: ~:; Decedent was domiciled at death in Cumberland County, Pennsylvania, with hider last family or~3i At 314 West Green Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania 17055 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) ~-, rv,~--- ~: ~7 ~`~ ~ f '..~ _.....~ #. -~1~". -- - ...~ ipal resence ~~ ~ r,`, ~ Decedent, then 82 years of age, died 1/24/2011 at Camp Hill, Pennsylvania (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ 3,000.00 If not domiciled in PA Personal property in Pennsylvania $ If not domiciled in PA Personal property in County $ Value of Real Estate in Pennsylvania $ 75,000.00 Total Estimated Value $ 78,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 314 West Green Street, Mechanicsburg, PA 17055 ~T w~,i.n~wc~~~ i~auic~~~ ur .~iauw~, r~uuic~~~caj Christopher D. Miller-168 Old Village Ln., Bethel Park, PA 15102 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 tl~tis _ 1 ~4 th _ day of Februar-,~ _ , _ 2011 _r ^`~ 3 , ~ ~ ~ C. ~T'? X77 ~ ~ -- -For the 3Zegister f4 ~ ~ .~-~ ,',: 4^ ~ t.s~ ~' f , j ~.'~ LECREE OF PROBATE AND GRANT OF LETTERS ~, ~ -=~- Estate of EUGENE H. MILLER ,Decease d File Number: 21- ~ -~,~ `'~ ~~~ AND NOW, thisl4th day of February, 2011 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted. to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) CHRISTOPHER D. MILLER in the above estate and that instruments(s) dated s/7/2ooa described in the pettiol~ be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. ~ ,,. _ ~,~ i '~ ~~' Glenda Farner'Stras augh, -~~ ,,1?~,%~. ~,~,..;~ ' ~ t~ Register of Wills FEES: Signature of t.:ounsel to >h:nter Appearance Letters ....................$ ~ f~fJ Will ....................... Codicil(s) .............. . (~) Short Certificates ( )Renunciations....... Bond ............................ Other ............................ Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ ~, Atty's Signature PRINTED Name: JEFFREY M MOTTERN, ESQUIRE Supreme Court ID No.: 26020 Address: 28 EAST MAIN STREET HUMMELSTOWN PA 17036 Phone: 717-566-3718 Fax: 717-566-3780 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 r- _- Will of Eugene H. Miller ~,.~~ --~ "' ~ -~ -~ ` r-i _. _.,. i' it ~ ~ ;: 3 Part 1. Personal Information ~n ~'::: ~ .~ ' -- ~z : , Cli ~ I, Eugene H. Miller, a resident of the State of Pennsylvania, Cumberland Count; .re ---~ ~-=`. ._ , -~., that this is my will. iti'Iy Social Security number is 154-24-7544. `~~' `~ L ,, ~` r=,=; ~~ ~~~~ .~.. _~,~ Part 2. Revocation of Previous V~ills ~ I revoke all wills and codicils that I have previously made. Part 3. Children I have the following children now living: Christopher D. Miller, Donald W. Miller Sr. and Susan M. McCauley. Part 4. Grandchildren I have the following grandchildren now living: Colin McCauley, David Miller, Donald Miller Jr., Ryan Miller and Sean P. McCauley. Part 5. Disposition of Property All beneficiaries must survive me for 45 days to receive property under this will. As used in this will, the phrase "survive me" means to be alive or in existence as an organization on the 45th day after my death. All personal and real property that I leave in this will shall pass subject to any encumbrances or liens placed on the property as security for the repayment of a loan or debt. If I leave property to be shared by two or more beneficiaries, it shall be shared equally by them unless this will provides otherwise. If I leave property to be shared by two or more beneficiaries, and any of them does not survive me, I leave his or her share to the others equally unless this will provides otherwise for that share. "Entire estate" means all property I awn at my death that is subject to this will. I leave my entire estate to my children Christopher D. Miller, Donald ~T. Miller Sr. and Susan M. McCauley in equal shares. If Christopher D. Miller does not survive me, I leave his share of my entire estate to Susan M. McCauley and Donald ~T.Miller Sr. If Susan 1VI. McCauley does not survive me, I leave her share of my entire estate to Sean P. McCauley and Colin McCauley. If Donald W. Miller Sr. does not survive me, I leave his share of my Page 1 of ~ Initials: ~~ (;Owe ~ Date: ' ,~A' " % ~ ~'Q ~' Will of Eugene H. Miller entire estate to Donald Miller Jr., David Miller and Ryan Miller. Part 6. Executor I name Christopher D. Miller to serve as my executor. If Christopher D. Miller is unwilling or unable to serve as executor, I name Donald ~. Miller Sr. and Susan M. McCauley to serve together as my joint executors. If Donald ~'. Miller Sr. or Susan M. McCauley is unwilling or unable to serve as executor, the other executor shall continue to serve. No executor shall be required to post bond. Past 7. Ea~ecutar's Pawers I direct my executor to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in the appropriate court for the independent administration of my estate. I grant to my executor the following powers, to be exercised as he or she deems to be in the best interests of my estate: 1 } To retain praperty without liability for loss or depreciation. ~) To dispose of property by public or private sale, or exchange, or otherwise, and receive and administer the proceeds as a part of my estate. 3) To vote stock, to exercise any option or privilege to convert bonds, notes, stocks or other securities belonging to my estate into other bonds, notes, stocks or other securities, and to exercise all other rights and privileges of a person owning similar property. 4) To lease any real property in my estate. 5) To abandon, adjust, arbitrate, compromise, sue on or defend and otherwise deal with and settle claims in favor of or against my estate. 6) To continue or participate in any business which is a part of my estate, and to incorporate, dissolve or otherwise change the farm of organization of the business. The powers, authority and discretion I grant to my executor are intended to be in addition Page 2 rf 4 Initi~l~: ~~~~ "L~"'v C~;~~~ ~- r Date: ' !I G, `~ ~ ~3~'ill of ~ug~ne ~I. ~r~ill~r to the powers, authority and discretion vested in him or her by operation of law by virtue of his or jier o~1%e, arjd may be exer clSed as open as is deemed T'iecessai ~% t'ir ad visa~ile, without application to or approval by any court. Part 8. Payment o; debts except for liens and encumbrances placed on property as security for the repayment of a loan or debt, I want ali debts and e~tpenses owed by my estate to be paid lri the rrjanner pro ~ ided for by the laws of Pennsylvania. Part ~. Payment of 'Tapes I want all estate and inheritance taxes assessed against property in my estate or against my benefciaries to be paid in the manner provided for by the laws of Pennsylvania. Part 1b. No Contest Provision If any beneficiary urjder this will contests this will or any of its provisions, any share or interest irj Iny estate given to the contesting beneficiary under this will is revoked and srjall be disposed of as if that contesting beneficiary had not survived me. Part II. Severabitit-y If any provision of this will is held invalid, that shall not affect other provisions that earl be given effect witl-jout this invalid provision. Signature I, Eu ens H. ~~iller, the testator, sign ~ nam to this inst ment, this , day of ~ ~ , at . I declare th sign and execute this instrument as my last will, at I sign it willingly, and that i execute it as my free and voluntary act. I declare that I am of t~'ie age of jijaj or it y or other•~wise legally empowered to malts a will, and under no constraint or undue irllluence. Signature: ' Witnesses ~'~'e, the witnesses, sign our names to this instrument, and declare that the testator ;willingly signed and executed trjis irjstrulrjent as the testator's last will. In the presence of the testator, and in the presence of each other, we sign this will as witresses to file testator's signing. r Page 3 of 4 I~itial~: ~~,~'! ~_ ndt~• ~ `~ ~ ~~ ~~'ill +~f Eugene ~I. ~~ill+er To the best of our knowledge, the testator is of the age of majority or otherwise legally empowered to make a will, is mentally competent and under no constraint or undue influence. ~'~'e declare under penalty of perjury- that the fore Ding is true and correct, this ~ day v^f ~ at vv itI'ie~~ ~ i : ~~ r /~ residing at: S~ ~ Doc-c~road CT /~ d d~ ~~+ ~ ~ pA- / Si a ~' Wiiness ~~: ~ residing at:~~' 'b ? C7 c~,~~~~ ~~~ c~c9~ ~ PL ~~i~4- /~ 1G' Page ~ of 4 Initials: ~~-~~;~"~~M J~~~`= ~- Bate: t~ ~ ~ '~~ ' Affidavit ACKNOWLEDGMENT Commonwealth of Pennsylvania County of: I, ~ ~ the testator whose name is signed to the attached r 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. Testator: V 1 Qfficer~ ~~~ ~~ Notarial Seal Kim W. Mills, Notary Public Carlisle Bono, Cumberland County My Commission Expires Mar. 27, 2007 Member, Pennsylvania Asscxi~+on C~ Nptarees davit -Page 1 of 2 Affidavit AFFIDAVIT Commonwealth of Pennsylvania County of ~ u n~ ~~? ~~ ~_ We, ~; ~ ~"~. ~'~~, i ~ and C NiZlVra~l~z ~ ~~ /~1~r~~~C ,the witnesses whose names are signed to the attached or foregoing instrument, having been duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his/her Last Will; that the testator signed willingly and executed it as his/her 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. Sworn to or affirmed and subscribed to before me by ~~ ~c.. 1~ /t-'~~-T Z and ~'1-~~ X57 Ar-~ ~ ~ Q ,,rc-T, ~~ ~ ,witnesses, this . -7 day of ~A~} .~Cy~~~~ Witness: ,ec _ ~ ~~~~ .___ Witnes Officer Notarial Seat - ~~~ Kim W. Mills, Notary Public Carlisle Bono, Cumberland County MY Commission Expires Mar. 27, 2007 ~ Member, Pennsylvania Assot.iai~n c~ NntarlQ Affidavit -Page 2 of 2