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Home My WebLink About11-09-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of RICHARD B MILLER SR. also known as COUNTY, PENNSYLVANIA File Number 21 -11 - ~ 2 ~-- ,Deceased Social Security Number RICHARD B. MILLER, JR. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or '8' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXECUTOR named in the last Will of the Decedent dated 11/19/2009 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death ofexecutor, etc.) After the execution of the documents offered for probate: Decedent did not mar • was not divorced; 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 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: B. Grant of Letters of Administration app ica e, enter. c.t.a.; ..n.c..a.; pe ente ite; urente a senha; urente minontate 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 on Section A above 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 (g), except as follows: Name Relationshi Residence n - ~~ __ ~, -~ ~c:> = C7 ,~ _JT't- _ _ try ~ l~ .-_~~1` ~ -- _ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ':J C -- ° - '. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residene~ ~tr7 ~. -•- rT'1 D ~ 601 WALNUT BOTTOM ROAD, SHIPPENSBURG, SOUTHAMPTON, PA 17257 ;~ -r, (List street address, town/city, township, county, state, zip code) Decedent, then 81 years of age, died on 10/17/2011 at 330 ELMONT CIRCLE, FRANKLIN COUNTY, SHIPPENSBURG, PA 17257 Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County 12,000.00 $ 212,940.00 Total 224,940.00 situated as follows: 601 WALNUT BOTTOM ROAD, SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, SHIPPENSBURG, PA 17257 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 RICHARD B. MILLER, JR. 330 ELMONT CIRCLE /J ,. ~ /J SHIPPENSBURG, PA 17257 Form KW-UL Rev. 12-2&2010 (interim form, pending action by the Court) Copyright (c) 2010 fonn software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA `ii ~ `~-= } SS r~ ~ r~ couNTY OF Cumberland ~.~_ ~ ~ ~ ''UDR The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correcf_-ti~ttjtr-Best of_~ the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well ~cC[Dl~-r -_ _ administer the estate according to law. '~ _ ^~ ~ /I _ i ~ a Sworn to or affirmed and subscribed ~h before me this day o of Personal Representative I~CHARD B. MILLER, JR. Signature of Personal Representative Signature of Personal Representative File Number: 21 - 11 '"-' ~ ~ ~, Estate of RICHARD B MILLER SR. ,Deceased Social S rity Number: 04-26-8930 Date of Death: 10/17/2011 AND NOW, ~~ , in consideration of the foregoing Petition, satisfactory proof having been presented efore me, IT IS DECREED that Letters Testamentary are hereby granted to RICHARD B. MILLER, JR. in the above estate and that the instrument(s) dated 11/19/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ $ Short Certificate(s) ................~~..... $ R un iation(s) ............................. $ $ TOTAL .................................... c. __i ,. --- ..: -, ; i - r"r ~'~ O -s~+ ~ 10~ as ~.~~ ~• ~~ ,Ob Att~~~,~r .,,y,~a~u~~. Attorney Name Supreme Court I.D. No.: $ Address: $ ~n Telephone: Hamilton C Davis 10264 Zullinger Davis, PC 20 East Burd Street Suite 6 Shippensburg, PA 17257 717/532-5713 Form RW O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 LAST WILL AND TESTAMENT of RICHARD B. MILLER, SR ' ~.. , -_~ ~ _ ~ ~ ~ -w ~ ~= -m .~ - - ~ ~c~~~ ,~ _ ~ _ ~~ ..~ ~ 'T7 ~; ~~ , c ~ ca ~ -r, I, RICHARD B. MILLER, SR., of Southampton Township, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke any Will or Codicil previously made by me. ITEM I: I direct that all my just debts (except as may be barred by a Statute of Limitations) and my funeral expenses (including my gravemarker and expenses of my last illness) shall be paid from my residuary estate as soon as practicable a8er my decease as a part of the administration of my estate. ITEM II: I bequeath those articles of my household furniture and furnishings and those articles of my personal effects and personal property as I have or may set forth in a separate memorandum (which is or will be signed by me, dated and make specific reference to this Will and memorandum, which I shall place with my Will or deposit with my attorney), to the persons therein designated. ITEM III: I devise and bequeath all the residue of my estate of every nature and wherever situate as follows: A. One-third (1/3) thereof to my wife, DECOKES J. MILLER, if she survives me. B. The residue and remainder thereof to my son, RICHARD B. MILLER, JR. and his wife, MARILYN A. MILLER, or the survivor of them. ITEM VI: If any property passes outright (either under this Will or otherwise) to a minor (which shall be defined as anyone under twenty-five (25) years of age) and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment shall not supersede the right of any fiduciary to distribute a share where possible to the minor or to another for the minor's benefit. ITEM IV: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expenses of the administration of my estate. ITEM V: I appoint my son, RICHARD B. MILLER, JR., Executor of this my Last Will. Should he fail to qualify or cease to act as Executor, I appoint my daughter-in-law, MARILYN A. MILLER, Substitute Executor of this my Last Will. ITEM VI: I direct that my Executor, custodian, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM VII: The interests of the beneficiaries hereunder shall not be subject to anticipation ~~~ 2 or to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and Testament, written on four (4) sheets of paper, dated this ' ~ day of , 2009. ~~~~ '~ ,lam ~A~ ~ (SEAL) RICHARD B. MILLER, SR., TESTATOR The preceding instrument, consisting of this and three (3) other typewritten pages, each identified by the signature or initials of the Testator, was on the day and date thereof signed, published and declared by the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses hereto. • ~ residing at o~ residing at 3 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND I, RICHARD B. MILLER, SR., 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. •~ /" / ~~~ ~ SEAL ( ) RICHARD B. MILLER, SR. Sworn to or affirmed and acknowledged before me by RICH~RD B. MILLER, SR., the Testator, this ~ day of 1V ()Uerv-hP,~ , 2009. ~C otary Public COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND CCM9MONWEALTH OF PENNSYLVANIA Notarial Seal Angela M. Sd-aeffer, Notary Public Shippensburg Boro, Cumberland County My Commission res May 15, 2011 Member, Pennsylvania Association of Notaries We, ~ ~ ~ ~q (~ I ~~~ and ~(1~ ~ l~ Ot~ the witnesses whose names are signed to the attabhed or foregoing instrument, being duly 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 the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. Sworn to or affirmed ands crib d to fore me by I ~ C Cr` ~ r' P and ~ ,witnesses, this /9~`' day of hl~I/Pfyl{~v , 2009. Otary M M o-4~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Angela M. Schaeffer, Notary Public Shippensburg Bono, Cumberland County My Commission F~c~res May 15, 2011 Member, PennsylvaMa Assodatbn of Notaries 4