The URL can be used to link to this page

Home My WebLink About10-18-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Leroy J. Miller ,Deceased ESTATE NO: 21- ~~ _ ~ ~~ ~~~ a/k/a: a/k/a: a/k/a: SS NO: 186-28-4784 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ 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 _ _ 7/7/2011_ _ and codicil(s) dated n/a (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): n/a ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent life, 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 Adminish•ation c.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs j; 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(ga,~except as fdllgws:_ -a-~ Name "` " - -~-3 Address Rya shi to Dt~dent ' ~~ `^ ~'~_. -~C J -a ~l ,~ ~ _' x7 ;~ r.-; LSE AUllITIO1SAL SHEETS [F 1SECESSARY .D - ' -- D ~ /~ L. ~ " --R THIS SECTION MUST BE COMPLETED: ~- Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 42 Pipeline Road, Newville, PA 17241 (Lower Mifflin Township) (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 75 years of age, died Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA _If not domiciled in PA _Value of Real Estate in Pennsylvania 9/25/2011 at Newville, Pennsylvania (Month, Day, Year of death) (City and State where death occurred) All personal property $ _ 5 000.00 Personal property in Pennsylvania $ Personal property in County $ $ 95,000.00 Total Estimated Value $ 100 000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) Pipeline Rd (2) & Mountain Grnd (2), all Lower Mifflin Sianatnre(s) Name(s) & Mailing Address(es) Harvey A. Nickey, 125 Blain McCrea Road, Newville, PA 17241 [ntcrim Fonn RW-02 reviscci 17 7F I fl ti~ r'„ml.rrla.,~l r,.,,.,h, ,....,a:.. _ u. .~ ~ "".".. „y `~„ ~""~ ` 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 this ~ } i t day of ,- a ,_ ~__~~ _-~ v ` -r m c., :;-:- ror the Keglster ": T -{ DECREE OF PROBATE AND GRANT OF LETTERS .~ -;~ G7 ~.. - --; , Estate of Le(ro~y ] Miller ,Deceased File Number: 21-- I ~ _ ~ ~ AND NOW, this ~ ~ I~ day of ~~~~~,~ ~ ~ , 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: (lf applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) Harvey A. Nickey in the above estate and that instruments(s) dated 7~7~2011 described in the petition be admitted to probateand filed of record as the last Will and Codicil(s) of Decedent. ~-- `~ `,~~--~~ 1 ~ ~~ '~.~ G enda Farner Strasbaug ~~ J~ ~~~2~ r ~-~, Register of Wills ~ _ J ~j . FEES: Letters ....................$ 210.00 Will ........................ 15.00 Codicil(s) ................. (10) Short. Certificates 40.00 ( )Renunciations....... Bond ............................. Other ....................... ................................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ 293.50 Signature of Counsel Required to Enter Appearance Atty's Signature PRINTED Name: than c. wolf Supreme Court ID No.: s73so Address: 10 West High Street Carlisle, PA 17013-2922 Phone: 717-241-4436 Fax: 717-241-4437 Interim Fonn RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 lfli ;err" ,~i.6 ~Ill!1 i"~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee Yor this cart ficnte, `x6.00 P 17695631 Certific~ ion Number H705~143 REV 11I200fi TYPE /PRIM IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) - ~_g~C-~1~0~1 .. Tl s I>,lt,t.fz;,i,ea -=; ~ . c~ __ _ i .. `~ ! , STATE FILE NUMBER 1. Name of Decedent (First, mitltlk, lest, sago) 2. Sex 3. Social Security Number 4. Dale of Death (Month, day, year] Leroy J. Miller Male 186 - 28 -4784 September 25, 2011 5. Age (Lass Birthday) Untler t ear Under 1 de 6. Date of Binh Month, de , ear 7. Binh lace Ci and state or fwei n count 6e. Plece M Death (Cheri on one Manlhs Days Hours Mlnules 7 5 Hospttal: Other. Yrs. 6-3-36 Newville, PA ^tn henr 8b. County of DeMn &. City, Boro, Twp, 01 Death Pa ^ ER /Outpatient ^ DOA ^ Nursing Home ~] Residence ^ Other ~ Specdy 6tl. FacNty Name (If not irwtirNion, give street antl number) 9. Was Decetlent M Hispenk Origin? ®No (II yes, speciy Cuban, ^ Yes 10. Race: American Intlian, BWck, While, etc. ~I Cumberland Lower Mifflin Twp 42 Pipeline Road Mazican,PUenoRicen,ek) (sp¢c~y White 71. Decedem's Usual Occ Lion Kind of work tlone Burin most of wwkin life. Do not state retired 12. Was Decedent ever in the 13. Decedent's Etlucetion (Spedfy only highest grade cempkred) 14. Martel Sktus: Martied Never Marrkd, 15. Surviving Spouse (e rode, give maiden name) Kintl of Work Kind MBusiness/Industry U.S. Amwtl Forces? Elementary /Secondary (Q12) College (1-0 or &) Wdowed DNOrced (Speciry) Car enter Construction ^Yes~No 8 widowed • 16. Decedent's Mailing Atltlress (Street, city /town, state, zip code) Decedent's Did Decedent 4 2 Pipe 1 i n e Road Actual Residence na. State P A To ns1H nc. ®raa, Decedem roved m -Lower Miff 1 i n Twp Twp N e w v i 11 e, P A 1 7 2 4 1 rib. County Cumberl a n d p rid. ^ No, DecetleM lived witnln 16. Fatheis Name (Flrsl, middle, last, suffix) Actual Limits of Cgy/Boro 19. Mother's Name (First, middle, maiden wmame) Geor e F. Miller Florence Bouder 20a. Informant's Name (Type /Print) ~ 20b. IMOrtrent's Mailing Atltlress (Sheet, city /town, state, rip code) Barbara Kieffer 320 Falling Springs Road, Landisburg, PA 17040 21a. Method of Disposdion ^ Cremation ^ Donalpn 21b. Date of Dispceitlon (MOnM, day, year) 21c. Pkce of Disposition (Name of cemetery, crematory a otfwr pkce( 21 d. Location (City/town, stale, zip code) Burial ^ Removal Irom Slate ~ Was Cremetlon or Donation Autlwriatl ^ Other-S cr ~ byMedkelExeminer/COroner4 ^Yea^NO Sept. 28, 2011 Spring Hill Cemetery Shi ensbur PA 17257 ~ 22a. Signature ~ al Servke Licensee r person acting as wch) ?2b. License Number 22c. Name antl Address M Facility p p g a ~ U~y i - L Fo elsan er-Bricker Funeral Home, 112 W. King St., ShippensblJrg, PA 17257 Com ems 23a-c only when 23a. To the best of my knowledge, death occurted al t time, date antl lece stated. (Shplature antl 1Xk) 23b. License Number physic~en is not evailehk al time o death to 23c. Dale Signal (Hoorn, day, year) certify cause of death. ~ . ~ ~ 12 ~ Items 2426 must ce completed by person 24. Ti ~I `D,eath r~9\ 25. Dale P reed Dead (Month, day, year) 26. Was Case Relerre o Medical Examiner /Coroner for a Reason Ocher th In'Cremarion or Donation? who pronounces tleath. L~I.J I V M M ~l /'1 l I ^ Yes o CAUSE OF DEATH (See instructions antl examples) ll /N i Approximate interval: Pan Ih Enter other s' M- I ntl1 n2_,,,r 6 'rig t th 2~obacco Use Contribute to Death? Item 27. Pan I: Enter the chain of events -diseases, injurks, or complications ~ fAet direclty causetl the death. DO NOT timer temunal events such as cardiac artist, Orsel to Death respiratory arrest, ar ventricular fihri tan without showing the elwlogy. List wly one cause on each line. , but not restating in me untlerlyirg cause gNen In Pan I. Yes ^ Probably i ^ No ^ Unknown IMMEDIATE CAUSE (Final tlisease or 5~---- candirion resulting in death) .--~ a h ^ ~. ~ 1 29. II Female: Due to (or as a co ence oq: ~ ^ Nol pregnant within past year Sequentially list centluians, it any, leading to Ne rouse listed on Ilce a. b' 1 ^ Pregnant at time of death ' Enter the UNDERLYING CAUSE Due to (or as a consaque~e ot)~. (disease or injury that Initiated the ^ Nor pregnant, hN pregnant within 42 days events resuking in death) LAST. c' of death Due Io (or as a consequence oQ~, i ^ Nol pregnant, but pregnant 43 days to 1 year tl. l before death 30a. Was an AuI ~ ^ Unknown it pregnant within the past year opsy 30h. Were Autopsy FinOings 31. Manner of Death 32a. Date of Injury (Month, day, year) 32b. Describe How In u Occurred Pedormed? Avaikbk Prior b Completion ~j? I ry 32c. Plece of Injury: Home, Farm, Blreel, Factory, I~ of Cause of Dealh4 W Natural ^ Hanicide gfice Building, etc /SpecityJ ^ Yes Ly~NO ^ Yes ^ No ( ~ ^ Accident ^ Pending Invesggalion mod. Time M Injury 32e. Injury al Wwk7 321. II Transponalion Injury /Specity) 32g. Locatron el injury (Street, city I town, stale) ^ Suicide ^ Could Net be Determhced M ^ Ves ^ No ^ Driver/ Operator ^ Passenger ^ Pedestrian ^ Other-Speraly 33a. Certiller (checM onty one) 33b. S' tore n ' e • Certlfying physician (Physician certifying cause of tleath when another physkdan has pronounced death antl completed Ilem 23) To the best of my knowledge, death oaurtetl due to the cause(s) and menrrer es steled______ _______________________ __~ ~ - • Pronouncing antl cenftying physician (Physician both prorrouncing death ant certllyleg to cause M tleath) 33c. L' tube 33tl. Dale S ned (Momh y, year) w To the beat of my knowledge, death occurted M the time, dale, ant plea, ant due to the rouse(s) antl manner as atetetl_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~~ o Medkal Examiner/Crooner --- o On the bash of examinetion arld / or Investlgetlon, Ir, my oplnlon, death occurred n the Ilme, date, erM place, antl due to the ousels) and manrwr u shred. ^ LLo 34. Name and Atltlress of Person Who C1onpleled Cause of Death (Item 27) Type / rim ~ ; Hegi aSignawr istdd ~ Z ~ i ~ ~I i I ,~ 3s, DateFi (Momn,day,yearj ~.rP~"'`rC he~,~--~, Harvey J. Hotchner, M.D. J ~ , z ~ 2.0.E a/~ Disposttion PermB No. 0667045 Thlti 1~ [O CC1~1.7 C` l~1Qt l~lZ i11~+. ~7'i?3;1,;t"-Il ~ic'ft ~T1 Sl,'7) 7 correctly copicLi ~rt1111 ~t( main li f.'crtiti~~ue (>j 1 )ra duly fi!eu ~~i1i/ t)e ,1~. 1.~.)r/1 Rk~~ri~tr,:r The ori~rin~ • certific.I,c u~',-f i7C 6(~ru'ti1l~cie.I ~h~~ tit~;te 'Jit~ Record; 011X:_ tr )~~r)ranc~t-~iiin stra4 ="~`~' ~__ '~rn (-~ ~--_ ~ ;:n ; ~~'c~C> `J -~ ~ :. ".1 '~ I, Leroy J. Miller , of Lower Mifflin Township, Cumberland County, Pennsylvania, do hereby make, publish and declare this to be my last will and testament, hereby revoking all wills heretofore made by me. I direct my personal representative to pay all of my debts, funeral and administrative expenses as soon as convenient after my demise. I direct that all inheritance taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property, whether or not such property passes under this Will, shall be paid by my personal representative out of my estate. 2. I authorize and empower my personal representative to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefore, in fee simple, as I could do if living. My representative is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said representative. 3. I bequeath the sum often thousand dollars ($10,000.00) to my former wife, Pauline R. Fickes, provided she shall survive me by thirty (30) days. 4. My children may purchase, prior to public sale, any items of personal property that they choose, at a price agreed upon with my personal representative. Thereafter, I direct that all remaining tangible personal property owned by me at my death shall be sold at public sale by my personal representative, and I further direct that the net proceeds thereof sha~ibe -,-. administered and distributed as part of the residue of my estate. ,j ~-:~'-~ _,._ ,- t_~ . ,__rn _ a? e:_ ~, - ~ -~ - - __ -n -' ~; ,=; --~ ` ~ C~7 'T7 i \h ` V ~~ 5. If my former wife, Pauline R. Fickes, has not ceased residing in my residence at the time of my death then she shall be entitled to a life estate in the residence and shall have the right to dwell in the home and make use of the outbuildings and the parcel of land upon which the house is erected (hereinafter referred to as "the Property") for the remaining days of her life, in accordance with the conditions set forth herein. Pauline shall be responsible for the payment of any taxes assessed by any taxing authority upon the Property when due and such amounts shall not be permitted to become delinquent or Pauline's life estate shall terminate. Furthermore she shall be responsible for obtaining and maintaining a policy of homeowner's insurance on the Property listing my daughters, Barbara L. Keiffer and Brenda L. Miller as loss payees on said policy. Said insurance policy shall provide for coverage no less than the appraised value of the Property at the time of my death. Pauline shall likewise be responsible for maintaining the Property and for making the monthly payments due on the Home Equity Line of Credit loan for whatever balance is owed at the time of my death. If Pauline fails to ob obtain or maintain such insurance coverage, she becomes more than 30 days delinquent on the payments on the Home Equity Line of Credit loan or fails to maintain the Property in good condition then this life estate shall terminate if not corrected within 10 days of being given written notice by my daughters to cure the defect. If Pauline is no longer able to live on the Property due to medical needs or by her own choice for longer than 90 consecutive days, she shall forfeit her life estate and that right shall terminate. " 6. Notwithstanding the foregoing, my daughters shall be entitled to take title to the J Property upon my death as tenants in common. It is my specific wish that if my daughters W continue to own the property subject to the life estate provided for herein. I direct that whichever of my daughters may be residing in the Property shall be responsible for the v payment of any taxes assessed. by any taxing authority upon the Property when due and such amounts shall not be permitted to become delinquent. Furthermore she shall be responsible for obtaining and maintaining a policy of homeowner's insurance on the Property listing both of my daughters, Barbara L. Keiffer and Brenda L. Miller as loss payees on said policy. Said insurance policy shall provide for coverage no less than the appraised value of the Property at the time of my death. If one of my daughters is residing on the Property, she shall likewise be responsible for maintaining the Property and for making the monthly payments due on the Home Equity Line of Credit loan for whatever balance is outstanding at the time of my death or upon termination of the life estate of Pauline R. Fickes. If any of the conditions set forth in this provision is not adhered to, then my daughter who is not residing in the home, at her sole discretion shall provide written notice to cure the deficiency to my daughter residing on the Property and if the situation is not cured within sixty (60) days of her receipt of such notice, then my daughter who has provided such notice shall have the right to cure the defect and shall ~ be authorized to list the property for public or private sale and shall not be required to initiate \'\ an action in partition or other judicial action to sell or dispose of the property, provided that the net proceeds of such sale shall be divided equally between my daughters, after the cost of curing any defective condition has first been reimbursed to the daughter who has incurred such ~~ expense. 7. I direct that, with the exception of the Property specifically identified previously herein, all of my real property owned by me shall be sold at public or private sale by my ~~ personal representative, and I further direct that the net proceeds thereof shall be administered \ and distributed as part of the residue of my estate. Provided however, that either or both of my daughters may purchase any of my real property from my Estate for its appraised value, or ma Y take their share as an in-kind distribution provided sufficient assets exist in the estate to satisfy ~} the debts of the estate and in accordance with all provisions of this Will. 8. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my daughters, Barbara L. Keiffer and Brenda L. Miller, provided, however, that should either of my said daughters fail to survive me by thirty (30) days, I devise and bequeath her share of my residuary estate to her issue, per.rtirpe.r, living on the thirty-first day following my death, and in default of such then living issue, such share shall be added to the share for my other daughter, or her issue, should she also fail to survive me by thirty (30) days. 9. I hereby nominate and appoint Harvey A. Nickey, of Newville, Pennsylvania individually, to be my personal representative of my estate, to serve without bond. If Harvey A. Nickey cannot or does not serve, then I appoint Barbara L. Keiffer and Brenda L. Miller, to be my substitute co-personal representatives also to serve without bond and to serve jointly or individually, if one of them cannot, does not, or ceases to serve. 10 Attorneys at Law of Carlisle, Pennsylvania in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~_ da of `~~ L y ~- , 2011. ~ i (SEAL) Signed, sealed, published and declared by the above-named person as and for a last will and testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. ~~ ~ ~. I suggest that my personal representative retain the services of Wolf & Wolf, WE, L rov J. Miller , Stephanie L Hamilton and Sharon A. Barker, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. Leroy J. Miller z ~ ~~ , Stephanie L. Hamilton ~~~~:~.~ Sharon A. Barker COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by Leroy J. Miller, the testator herein, and sub ribed and sworn to before me by Stephanie L. Hamilton, and Sharon A. Barker, witnesses, this ~ day of July, 2011. COMMONWEALTH OF PENNSYLVANiq Notarial Sea- j ~- Nathan C. Wolt, Notary public Carl+ste Boro, Cumberland Canty (bmmission Expires Aprri 79, 20i2 r, Pennsylvania Association of Notarfes