HomeMy WebLinkAbout2870TELEPHONE (?1.7) 234-4178
November 24, 2004
JOHN W. PURCELL
VALERIE A. GUNN
OF COUNSEL
Register of Wills
Orphans' Court Division
Cumbedand County Court House
One Courthouse Square
Carlisle, PA 17013-3387
Re;
Estate of Ruth V. Miller
Current Docket No.: 2870-1967
Dear Register of Wills:
Please be advised I have been retained to represent the Estate of Ruth V. Miller, Mrs. Miller died testate on
October 11, 1966 and on December 16, 1966, Letters Testamentary were issued to the original Co-Executors, Helen
K. Wiest and Dixon R. Miller. Both Mrs. Wiest and Mr. Miller have since died. A First and Partial Account was filed in
1968. The Estate still owns unimproved real property, as well as an account with Morgan Stanley.
New Personal Representatives are needed in order for the Estate administration to proceed, First cousins,
Lynn N. Mason and Robert D. Miller have agreed to serve as Co-Administrators d.b.n.c.tia, for the Estate. All
beneficiaries have renounced in favor of Lynn N. Mason and Robert D. Miller, Previously, I had filed a Petition on
September 10, 2004 in order to have Lynn N, Mason and Robert D. Miller sworn in as Co-Administrators d.b.n.c.t.a.
Your office subsequently informed me that your Solicitor advised the September 10, 2004 Petition should be refused.
The Solicitor advised the proposed Co-Administrators should file a Petition for Grant of Letters of Administration
Pursuant to 20 Pa.C.S.A. §3152, since more than twenty-one years have elapsed from the Decedent's death, even
though there is a current Estate opened.
Enclosed is an odginal and three copies of a Petition filed pursuant to 20 Pa,C.S.A. §3152, verified by Lynn
N, Mason and Robert D. Miller, along with a proposed Order for the Court's review. I am also enclosing a check in
the amount of $18.00 in order to file the Petition. I am also enclosing a stamped, self-addressed envelope for you to
return date-stamped copies of the Petition to me. Thank you for your time and attention to my request.
ineka
JMW/bas
Enclosures
cc:
Lynn N. Mason w/enc.
Robert D. Miller w/enc.
Donald Neidig, Jr., Individually & as
POA for Victoria E. N eidig w/enc.
Ruth V. Nyquist w/enc.
Dore Kay Felix w/enc.
Douglas G. Miller, Esq.,
Arty for Barbara Kist w/eric.
(estates'~miller~l 1-24-04 Itr to register)
IN RE:
ESTATE OF RUTH V. MILLER
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 2870-1967
ORPHANS' COURT DIVISION
PETITION FOR ' ,(~IT OF LETTERS OF ADMINISTRATION d.b.n.c.t.a.
FILED PURSUANT TO 20 Pa.C.S.A. ~3152
AND NOW, come Petitioners, Lynn N. Mason and Robert D. Miller, through their attorneys,
Purcell, Krug & Hailer, and file the following Petition:
1. Petitioner 1 is Lynn N. Mason, an adult individual with a current address of 210 Maple
Road, Harrisburg, Pennsylvania 17109.
2. Petitioner 2 is Robert D. Miller, an adult individual with a current address of 233 Bella
Vista Drive, Marysville, Pennsylvania 17053.
3. Petitioners 1 and 2 are two of a total of five grandchildren of the Decedent, Ruth V. Miller.
4. The Decedent died testate on October 11, 1966 and on December 16, 1966, Letters
Testamentary were issued to the Co-Executors named in the Will, Helen K. Wiest (sister of the Decedent)
and Dickson R. Miller (son of Decedent). A true and correct copy of the Decedent's Will is attached
hereto and marked Exhibit "A".
5. Pursuant to the Decedent's Will, the beneficiaries of her Estate were her four children
and her grandchildren, including after born grandchildren.
6. At the time of her October 11, 1966 death, all four of the Decedent's children were living.
The children's names and current status are as follows:
a) David K. Miller (died May 4, 1997);
b) Dickson R. Miller (died January 31, 2003);
c) Victoria E. Neidig (who is represented by a Power of Attorney, her son, Donald
Neidig, Jr. with an address of 1726 Stone Mountain Lane, Las Cruces, New
Mexico 88011); and
d) Ruth V. Nyquist, 205 Bella Vista Drive, Marysville, Pennsylvania.
7. The Decedent had five grandchildren, all of whom are currently alive. The
grandchildren's names and current status are as follows:
a) Lynn N. Mason, 210 Maple Road, Harrisburg, Pennsylvania 17109;
9.
Distribution.
b)
c)
d)
e)
Robert D. Miller, 233 Bella Vista Drive, Marysville, Pennsylvania 17053;
Donald Neidig, Jr., 1726 Stone Mountain Lane, Las Cruces, New Mexico 88011;
Dore Kay Felix, 3207 Pennwood Road, Harrisburg, Pennsylvania 17110; and
Barbara Kist, 130 Austin Court, Jesup, Georgia 31545.
Decedent was domiciled at death in Cumberland County.
In 1968, the Co-Executors filed a First and Partial Account and a Proposed Schedule of
By Decrees dated October 8, 1968, the Court approved the Co-Executors' Proposed
Schedule of Distribution and in accordance with the Decedent's Will, awarded parcels of real estate to
Ruth V. Nyquist, Victoria E. Neidig and David K. Miller.
11. By Decree dated October 8, 1968, the Court also awarded to the Co-Executors seven
Tracts of unimproved land consisting of approximately 129 acres. A true and correct copy of the October
8, 1968 Decree is attached hereto and marked Exhibit "B".
12. Pursuant to the Decedent's Will, the land is to be used by the Decedent's children during
their lifetime and upon her last child's death, the land is devised to her grandchildren absolutely.
13. The Co-Executor, Helen K. Wiest died in the 1980s and the Co-Executor, Dickson R.
Miller died January 31, 2003.
There are currently no persons serving as a Personal Representative for the Estate of
14.
Ruth V. Miller.
15.
The Estate still owns the approximately 129 acres of unimproved land and also has an
account with Morgan Stanley, with an approximate value of $40,350.00 as of September 30, 2004.
16. Petitioners 1 and 2 have agreed to serve as Co-Administrators d.b.n.c.t.a, for the Estate
of Ruth V. Miller.
17. All living beneficiaries, including the Decedent's two daughters and her three other
grandchildren, have signed Renunciations in favor of Petitioners 1 and 2 to serve as Co-Administrators
d.b.n.c.t.a, for the Estate. Attached hereto and marked Exhibit "C" are true and correct copies of the
Renunciations, including a Power of Attorney executed by Victoria E. Neidig, appointing her son, Donald
Neidig, Jr. as her Power of Attorney.
18. Petitioners 1 and 2 had previously filed a Petition with the Register of Wills requesting
that Letters of Administration d.b.n.c.t.a, be granted to them.
19. The Cumberland County Register of Wills, through the advice of her Solicitor, advised
due to the extended time period between now and the Decedent's death, Petitioners are required to file a
Special Petition pursuant to 20 Pa.C.S.A. §3152, since more than twenty-one years have elapsed from
the Decedent's death, even though an Estate is currently opened.
20. Pursuant to 20 Pa.C.S.A. §3155, Petitioners 1 and 2, as two of the Decedent's
grandchildren and as residuary beneficiaries of the Estate, are entitled to receive Letters of Administration
d.b.n.c.t.a, and due to all other living beneficiaries renouncing in favor of Petitioners 1 and 2.
21. There is no specific Respondent, since all beneficiaries have consented to Petitioners 1
and 2 being appointed as Co-Administrators d.b.n.c.t.a.
22. Petitioners 1 and 2 have served a copy of this Petition on all of the Decedent's living
beneficiaries identified in Paragraphs 6 and 7 of this Petition.
WHEREFORE, Petitioners, Lynn N. Mason and Robert D. Miller respectfully request this
Honorable Court to find that good cause has been shown as to why more than twenty-one years have
expired from the Decedent's death before this Petition is filed and to direct the Cumberland County
Register of Wills to grant Letters of Administration d.b.n.c.t.a, to Petitioners, as testate residuary
beneficiaries of the Decedent, Ruth V. Miller and based upon the renunciations of all other living
beneficiaries in favor of Petitioners.
Respectfully submitted,
Jill/~. Wineka, Esquire
Atf~tney ID# 58802
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorneys for Petitioners
now resides, absolutely.
8. I give, devise alL~ bequeath to my daughter, Ruth V. Nyquist,
County, P~nasylvania, in which she now resides, together with the
Donald Foster ~Jeidig, Jr., barbara Jean Miller, Robert David Miller and
-2-
Lastly, I name, cb~s'kitute and appoint my son, Di~kson R.
Miller, and my sister, Helen Kennedy Wiest, to be the ~xecu~orm
of this, my last will and testament.
IN WITNESS WHEREOF I have hereunto set my has, and seal this
1Sth day of June , A. D. 1980.
Signed, sealed, p~lished md declared by ~he above named
Testatrix am and for her last will ~d testament ia the presence of
her request and in her presence ~d in the p~esenoe of eaoh other.
~N 2~: ESTATE OF ) IN THE ORPHANS' COURT OF
:
XI'TH V. ~I~LLER : CU~kBE~AND COL~TY, PEXXS~XIA
?,'tlc>ch, ~ ~[., E.O.$.T.,~ursuant t~ the Statement of
'i~v ~e Cour~ o,n &'~w'Q ~ 1oo$, the following real estate
',g~lt an,~ Testament of ~uth V. ~iller to Dickson R, 51iller and
~',clcn K. hiest, as executors and ~rustees under the will.
ILL :hat certain tract o.f land with the improvements
thereon erected, sS~uate in East Pennsboro Township, Cumberland
C~,unty. Pennsylvania. bounded and descried as follows, to wit:
T~&CT =1
~EG[~XqNG at a po~n~ a~ the Susquehanna River near the
D-cougX line of Marysville and being the north east corner of the
w[%h[~ described tract of land: thence south along said River
decrees east ~6 perches to corner of lands within described and south
~f Pat. Vau~km: thence %~st along said land of Pat. Vaughn and
zcroas a ~ublic road 2~d across the right-of-wa}' of the Xorthern
Cea%fsi Ra{iro,~.d. south 87~ degrees, west i4 perches: thence along
sa~;5 right-of-way of the Northern Central Railroad, south 10 degrees
;,.,cst 11.3 perches: thcncc south 3~ 3/4 degrees west 27.I perches
~'. COrner ,2{ lands o~' Joseph Hoon: ~hcncc n[~ degrees, west
2.~ perches: thence south r~5~ degrees west o4.7 perches along
ian,[ of ,h~seph H,2on ~nd C.R. Boas: thence south 52 degrees west
:41 perches along land of ,I.L. Seitz, the property of Eph. Neiss:
:~cnce st>urN ;qO degrees west a perches to corner of lands of said
kt,h. ×eiss 2nd ~!arrv S~i'~ier: thence north o~ degrees '~est 1aa
3~!~er 2n~ S~de! ~rothers: thence ~ar~h 7~ degrees eas~ 200
perches ::~ Susquehanna R~ver. the p~ace ,~[ BEGINNING.
~'~lu~e <,. Pa~c 3e5 ,:,nd a deed of conveyance to Patrick H. Vaugh~
.~E[Nk~ ~he same premises ~'~ich ~'alter A. Kauff~an and
t~ae ,:. Ka~ffnam, his wife. by their deed dated Septem~r 1. i~44
c'rxr, ted and con~eyed unt~ Ruth V. Miller w~ich deed is recorded
!,,~ b~ed De,ok 'W", Volume 12:. Page 50~, and the said Ruth V. ~Jiller
being so t~erecf seized d~d die DetoUr II. I~ which viii i~
reco:r~ed ~n t~e Register of ~t[Ils Office in and f~r C~berland
C,:,unty in ~4~1I ~,:~,ok 58, Page ;~.
TR~ACT -' Z
BEGINNING at a point at the Susquehanna River near the
gorou;Th line of ~tarysville and being the northeast corner of the
',,'i';hin, loser[bed tract ~f land: thence south alon~ said River
:?,.sn't3-t~ree zn¢ one-b, alf (23ti) degrees east forty-six (4o) perches
te corner of lands ~ithin described and south ot: Pat. Vaughn:
thence west along said land of Pat. Vaughn and across a public road
ar:/ across thc r[~ht-~}f-way of the Northern Central Railroad. south
~{htl'-seven and one-half (87~:) degrees, west fourteen (14} perches:
ti:once aI,:n¢ said right-of-way of the Northern Central Railroad,
s,,ath te~ (i0) degrees west fourteen and three-tent~s (14.3) perches:
thence south thirty-six and three-fourths (3~ 3,/4) degrees
t;,:enty-seven and one-tenth (27.1) perches to corner of lands
,5>seph Hoon: thenze north sixty-one and one-half (o1~3 degrees,
~.,':st two and five-tenths (2.3) perches; thence south sixty-five
~r,2. ):e-bail: ('~72) degrees west ninety-rout and seven-tenths (aa.T)
perches aEon~ land o£ Joseph Hoon and C.R. Boas: thence south
:[:ty-two ~52) de~ccs ',v~sl eighty-four (~) ~erches a!om~ la~d
.;.L. Seitz. the property of ~ph. Neiss: thence suulh
de~r~cs ~,~es~ ~imc (9) perches to corner of la~ds uf said ~ph. ~iss
seventy-six <Tn,) degrees east :Wu hundred (200) ~rchea
5EiN<; thc same premlscs which A~nic ~, Aile~an. et al.
~Fa~te.~ and conveye~[ unto Ruth V. ~4{ller. which deed {s recorded
ir, the Rec,~rdcr~ Office ~n and for Cumberland County {n Deed
~%o~k "C", Volume 13. Page 422, and thc s.a~d Ruth V. ~illcr be{n~
se thereof seized did die October 1!. tc~,e, which will is recorded
~n the Register of ~ilis Office [n and for Cumberland County
k~ill Book 58. Page 335.
T~kCT z 3
BEGINNING at a corner of lands of Sez'del Brothers, t!arry
S. ~i!ler and Elias B. Leiby: thence south eight and one-half (S~)
d.e~rees cast along other land of Harry S. ,~liller a distance of
twenty-two, hun.ired and seventy-seven (2277) feel to a stone: thence
~pr%h seventy-f {ye <75) degrees wes~ along land of Pennsylvan{a
~iailroad Company a distance of one hundred and one (101) feet toa
s~one: thence north eight and one-half (8%) degrees west along other
iar~d of Elias B. Lo{by a al{stance of twenty-two hundred and seventy
<2270b feet to a stone: thence north seventy-five (75) degrees
easl one hundred and six-tenths (100.o) feet along the land of
Seidci Brothers to a stone, the place of BEGINNING,
C,.7~.~*A[NiNG five {5) acres, note or less.
~]E[NL; thc same premises which Elias ~1. Leiby. et ux.
-3-
!::r_~:'.tcd a:~d conveyed to ,t~ar~),' S. ~ilter by deed da~ed April ~
P~,eds ~n and for CumDerland C~unty in Deed Book "H". Volu~e S.
leaving a will ~{ch is recorded in the Register of IYilIs Off{ce
~n and f~r Cumberland County ~n 'Nilt Book 20, Page ~I5. h~re~n
EXCEPTING IMD R~SLRVtNG nevertheless ~hose !,a'o ~racts or
7a~cels ,~f land heretofore co, nveyed lo Victoria E. Neidlg and David
K. ~!ter and t~e other tract to Victoria E. Neidlg. in her own rights.
as sbo~2 by the ~cree of Distribution of the Orphans' Court of
Cumberland County autarding certain real estate ~h{ch is to be here-
T~kCT = 4 7,
~EGINNiNG at a point in t~e northwesterly line of the public
r:,z.t Yzb.{ch leads from Enola lo Mar>sville at the distance of five
hundred seventy feet ~ore or less measured ,North forty-six degrees
:~,;c> ~izutes West from a polnt ~n the llne established as the
or{ginaI centre line of the railroad of the .Northern Central Railway
~um~any and {n the northeasterly line of land conveyed by Frederick
~,;. Lies~n and w[fe to the Manor Real ~tate and Trust Company in
fee. kpriI 30. D~03: thence by said land and land conveyed by h'esley
G. ~t~ller to the Manor Real Estate and Trust Company, in fee, June
2~. !~;03. North f~rty-s{x degrees t~'o m~nutes West two thousand
iw' hundred fifty feet. more or less. to a point: thence by land
of t~e said Harry S. ~iiller North eighty degrees f~fty two minutes
East o-~e thousand three hundred eighty seven feet and nine tenths
. -<,,--'y.,<..,.,~ ~ne. of :he public road aforesaid, said poinI heine, dislant
t~ree xund..d ninety seven feet and one tenth oi' a f~ot measured North
sc,~eu:~ eL<hi degrees twenty mLnutes West from a point in the atore-
BEGIN~i,G. Containing Fifty six and
BEING the sa~,e pre~[ses ~¢b[ch Ranor Real Estate and
Yrn~: Co~pany grante~ and conveyed ?o Harry S. Miller on the 28th
day of P~cem'~r. I~t~ ia Deed Book '8". Vo, l~e D. Page -~ in
~_~.~ t .... County ~n the Office of ~he Recorder of Deeds. and the
sazd ~arr~ S. .[._I~. being so thereof seized did die testate on
_<~=,,~.e,~ - i,-, io;7,, leaving a will which {s recorded in the Register
~,~ ,%~z~s O~tzcc in Cumberland County in Will Book 20, Page 415.
ahere{m he devised ail of his estate to his wife, Ruth V. Miller,
· ~%, d2e,~ n- - ~ 1~. io0~. and whose will is recorded in the Office
of lhe Register of Wills in Cumberland County in Will Book 38,
ge -,-
T ~%CT =5
[iEGiNN[NG at a point, the southeast corner of Chestnut
q ...... 2F, d i~oodrow Avenue, on Plan hereinafter described: thence
~:t ar% easterly direction atong the south side of Woodrow Avenue
,f ,,~:t!nu< Street: thence in: a southerly direction along the west
a~d t~r:y-~a (Z32) fee~ to a point, ~h¢ place of ~EGIYNING.
Doing lois number one, lhree, five. seven, nine ama
EXCEPTING AND .~S.E,ik'IXG nevertheless Lets i and 3 here-
:ofore conveyed by Harry S. Miller ~n his lifetime.
~arry S. }dj!lev. 'a~hich deed is recorded in the Office of tko Recorder
of Uceds {2 and for Cumberland County in Deed Book "H". Volume 8,
?x~e I~r. arid tko said Harry $. MilI~r did die Seplember 17. iQ37
leaw{n~ a %~ili ~hick is recorded [n the Register of Wills Office in
a~ for Cumberland County in Will Book Zo, Page 415. Wherein he
Joy,sod alt 0[ kis estate to his wife, Ruth V. ~liller, %.4ho died
,Cc:chef ii. Im~o. ar, d ,,¥hcse will is recorded {n the Office of the
Roadster of Wills in Cumberland County in Will Book 58. Page 335.
T~XCT = o
BEGINNINg9 at a s~ake thence by lands of Burtner's heirs:
n~rt~ seventy-n[n~ and omc-half (7°%°) degrees east fifty-eight and
six-tenths (Sg.~) perches to LI stoPc; thence by lands of .lac,~b
Kt>ms north eleven (I1°) degrees west one hundred and sixty-four
and nine-tenths (I~5.i.~) perches to stones: thence by other lands
,f <rantors herein named south seventy-five and one-hail (75~°
de,tees west fifty-four and ~hree-tenths (54.3) perches to stones:
:kev:ce by Zands of the said Burtner's heirs south ten (lO°) degrees
Containing f~fty-seven (57) acres aa4 thirty-nine (3°)
?erc~es. note or less.
lan,t c~>nveyed under Uecrce of the Orphans' Court to Vicloria
further excepting and reserving ~hat port'on cenxeyed to Victoria
E. xe[diz ar'd David K. Miller for and dur[t:g the term of their
narura[ 1ives and shown as tracts 2 A o,f Exhibit "B" in the proposed
schedule of distributi~>n, excepting and reserving, nevertheless a
7orr[on 3f Tracts i, 2. 2-A, 3, 5. and e as shown {n the Proposed
Scheduie of Distribution aa approved by the Orphans' Court of
Cumberian2 County and which Proposed Schedule of Distribution are to
l'e kere~¢ith recorded, and also excepting therefrom tract 4 from
ExDlb~t "3'~, whkch has heretofore been conveyed Dy the executors of
,, Ruth V. ~.tJ. ller. deceased by deed dated .
and recorded {n the Recorders Office in an~ for Cumberland County
BEING the same premises which Harry }t. Seidel and Mary
,?aec Se{del, ~is wife, Jonathan A. SeideI and Mary Jane Seidel.
his ~,,{fe, and John H. Seldei granted and conveyed to Harry S. Miller
by their deed dated ltarch 23. 18o2. which deed is recorded in the
~'t(ice ,,:' the Recorder of ~eds {n and for Cumberland County
[ ,,,k '~'~'~, ¢~tume i. Page lot. an3 thc said Harry S. Miller being so
thorc3:' seized did die testate on September 17, 1037, leaving a will
:¥~kch {s recorded in the Register of Wills office in and for
~.I.. Wherein he ~evl-s~d alt
T~CT = 7
X~. ~ - %EGtNXING a~ a corner ~f ~,~a~ land. thence by land
::{ae <~o) degrees east forty six ~nd five ~enths (~,0.5) perches
I., a stake. ~hcnce k,v land of said Mays south sixty degrees
t='es: t~.irtv four (J~} perches to the place of BEGINNING. containing
:ch (!0'5 acres and one hundred and sixteen (1to~ perches strict
No. J - BEGIN?~[NG at a stake, thence by land formerly
~:f said ~tay. so=th fifty-five (55) degrees, west t~enty-six
perches ~o a ~hltc oak stump. ~hence by land formerly of Geo. Boyer's
~, .... ~-nt,.c and ~hree quarters (20 o/g) degrees, east sixteen
.%'> -',,~.~,,,=-< to a sta';,-~, thence by. land of said 51ars, north sixty.
..,~=~===, east t~ntv-three perches to a hickory tree. ~hence
. ~,~c place nf BEGINNING. con~ainlng ~wo (2)
· .- ' ' ~,~ sixteen (!1o) perches stric~ measure.
E.,~G thc same premises which H. ;Y. Ruptev guardian granted
gn,2 conveyed to Harry S. Miller, by deed da~ed November T, 1891,
· ,.~hi,-=h !~ed is recorded in the Office of the Recorder of Deeds in and
>~' ~i!I$ Office in and for Cugberta~d County in ~¥ilI Bgok Z~ Page
Nhe~e{n he devised ali of his estate to his wife, Ruth V. Sillier.
who died October 1I, 1966, and whose will is recorded in ~he Office
of the Register of Wills i~ Cumberland County in Will Book
BY T~E COL~T:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No 2870 OF 1967
The undersigned, Ruth V. Nyquist~ dau,qhter
(Relationship)
(Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to Lynn Mason and Robert Miller
Witness my hand this ~,q~/Y'~ dayof ,'~,~'/~)/-- ,2004
of
(Signature)
Ruth V. Nyquist, 205 Bella Vista Drive
Marysville~ PA 17053
(Address)
(Address)
Sworn to or affirmed and subscribed
before me this ~¢ ~ day of
N~iery Public /
My Commission Expires:
(Address)
NOTARIAL ~ F-.A"~"1
BARBARA A. SHADEL, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires Mamh 19, 2007
(Signature and seal of Notary or other
official qualified to administer oaths. Snow
date of expiration of Notarys commission)
NOTE:
Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
., Deceased
No. 2870 OF 1967
The undersigned,Donald Neidig~ Jr., ,grandchild
(Relationship)
(Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to Lynn Mason and Robert Miller
Witness my hand this 2.~'~ ~'J}-'' day of .,/~¢' ,2004
/ (~ignature)
Donald Neidig, Jr., 1518 Scenic Drive
Alamo,qordo
NM 88310
(Address)
(Signature)
(Address)
(Signature)
(Address)
of
Sworn to or affirmed and subscribed
before me, this,Z.~'-~ day of
"~J~tar~ Pu~c''' -
My Commission
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
Tracy L Virden
s¥^r~ o~ ,~,~co ,~
NOTE: Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. M!LLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned, Dore Kay Felix, grandchild
(Relationship)
(Capacity)
of
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to _ynn Mason and Robert Miller
Witness .rn,/
hand this ~/~;~,.¢¢~-' day of ,t~ .Z , 2004
(Signafurej
Dore Kay Felix, 3207 Pennwood Road
Harrisburg, PA
(Address)
(Add,ess)
17110
(Signature)
(Aderess)
..worn to or affirmed and subscribed
before me this_..~¢ ~ day of
My 'Cor¥/.Cissiorl ,:xFires:
NOTE:
Renunciations executed outside the Office of Register o~ Vt,qlls are
required in some coantios to be notarized.
RW-3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned,Barbara Kist, grandchild
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Administration
Letters of d.b.n.c.t.a, be issued to LYnr~vMason and Robe~'°~iller
Witness my hand th s '~q-/'~/ day of ~ ,2004
(Sign~ture~
Barbara Kist, 130 Austin Court /
Jesup, GA 31545
(Address)
{Address)
Sworn to or affirmed and subscribed
before me this ,~ ~:~"/'/'/ day of
Notary Public
My Commission Expires:
of
(Signature and seal of Notary or o~her
official qualified to administer oaths Show
date of expiration of Notar,/s commission)
NOTE:
Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QRPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned, Donald Neidig, Jr.~ Power of Attorney for Victoria E. Neidig, daughter
(Relationship) (Capacity)
of
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to Lynn Mason and Robert Miller
Witness my hand this ~'~dayof /~"~'~/' ,2004
/ (S'f~nature)
Donald Neidig, Jr., POA for Victoria E. Neidig, 216 Bella Vista Drive
Marysville~ PA 17053
(Address)
(Signature)
(Address)
(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this ~T'U'~ da¥of
My Commis~on Expires:
/([(JQIli / Tracy L Virden
) .~ S?^T£ or ~.~L~,'~CO /
(Signature and seal of Notary or other
official qualified to administer oaths Show
date of expiration of Notary's commission)
NOTE: Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
RW-3
DURABLE POWER OF ATTORNEY
for
VICTORIA E. NEIDIG
I, V!CTORIA E. NEIDIG, widow woman, of P.O. BOX 164, Summe'rd. ale East
Pennsboro Township, Cumberland County; Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby create this DURABLE POWER
OF ATTORNEY, as stated in
Pa C.S. 20 s5601.
I hereby empower son, DONALD ~.. NEIDIG, JR, to act as my Attorney-in-
fact, or in the alternative, my sister, RUTH V. NYQUIST, as per PA C.S. 20 s5602 (a)
and (b) and Pa C.S. 20 s5602, on my behalf to:
1. MAKE GIFTS
2. CREATE A TRUST FOR MY BENEFIT
3. MAKE ADDITIONS TO AN EXISTING TRUST FOR MY, BENEFIT
4. CLAIM AN ELECTIVE SHARE OF THE ESTATE OF MY DECEASED
SPOUSE
5. DISCLAIM ANY INTEREST IN PROPERTY
6. RENOUNCE FIDUCIARY POSITIONS
7. WITHDRAW AND RECEIVE THE INCOME OR CORPOS OF A
TRUST
8. AUTHORIZE MY ADMISSION TO A MEDICAL, NURSING,
RESIDENT]AL OR SIMILAR FACILITY AND TO ENTER INTO
AGREEMENTS FOR MY CARE
9. AUTHORIZE MEDICAL AND SURGICAL PROCEDURES
10.ENGAGE IN REAL PROPERTY TRANSACTIONS
11 .ENGAGE IN TANGIBLE PERSONAL PROPERTY TRANSACTIONS
12. ENGAGE IN STOCK, BOND AND OTHER SECURITIES
TRANSACTIONS
13.ENGAGE IN COMMODITY AND OPTION TRANSACTIONS
14.ENGAGE IN BANKING AND FINANCIAL TRANSACTIONS
15.BORROW MONEY
16. ENTER SAFE DEPOSIT BOXES
17. ENGAGE IN INSURANCE TRANSACTIONS
18,ENGAGE IN RETIREMENT PLAN TRANSACTIONS
19. HANDLE INTERESTS IN ESTATES AND TRUSTS
20.PURSUE CLAIMS AND LITIGATION
21 .RECEIVE GOVERNMENT BENEFITS
22. PURSUE TAX MATTERS
FURTHERMORE, my power of attorney herein named shall also have the power
to delegate one or more of the twenty-two (22) powers described above to such
person or persons as he or she may designate, provided, however, that such
delegation shall be in writing and reference this durable power of attorney.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my DURABLE
POWER OF ATTORNEY, for the reasons as state~l above, on this,
the , Z~ ~_ day of ~L~-~'/.----~-~ , 19 .~5
VICTORIA E, NEIDIG
COMMONWEALTH OF PENNSYLVANIA)
) sS.;
COUNTY OF CUMBERLAND )
ON, this the ~¢~,' . __
day of~.~ ,19~before me, a nota~'y
public, the undersigned officer, personally appeared,
VICTORIA E. NEIDIG, widow woman, (knOwn to me or
satisfactorily proven) to be the person whose name is signed to the foregoing ~,~.~ ,,~
DURABLE POWER OF ATTORNEY, and acknowledged that she
for the reasons and purposes therein expressed. :.~.,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
~----,--~l'6'~ry public
My Commission Expires:
Notarial Seal
Donald I~. Owen, Notary Public
~ EaBt PennBborc Twp,, Cumbsrland County l
L '? Cornrnla.lon Expire, Ncv, 24, 1§96
State of NEW MEXICO
County of OTERO
On this 22nd day of March, 2004, I certify that the preceding/attached document is a true, exact,
complete and unaltered photocopy made by Tracy L Virden of Durable Power of Attorney for
Victoria E. Neidig,~
Notary ~
My commission expires
ONALD F. NEIDIG
USAF/CI~;/DR-4
195-38-9945
State of New Mexico
~,.~.
-+
If~FNSE- 012755~023
rXD re~,
09~0612008
DONALD F NEIDIG
1518 SCENIC DR
ALAMOGO~{£)O NM 88310
, ~ ¢ ~/06/1944
IN RE: ESTATE OF RUTH V. MILLER
No. 2870-1967 - Orphans Court Division
VERIFICATION
I vedfy that the statements made in the foregoing Petition for Grant of Letters of
Administration Filed Pursuant to 20 Pa.C.S.A. {}3152 are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
iN RE: ESTATE OF RUTH V. MILLER
No. 2870-1967- Orphans Court Division
VERIFICATION
I vedfy that the statements made in the foregoing Petition for Grant of Letters of
Administration Filed Pursuant to 20 Pa.C.S.A. §3152 are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Robert E). Mille~'
CERTIFICATE OF SERVICE
I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Hailer, do hereby certify that I
served a true and correct copy of Petition for Grant of Letters of Administration d.b.n.c.t.a, on the following
by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows:
Ruth V. Nyquist
205 Bella Vista Drive
Marysville, PA 17053
Donald Neidig, Jr., Individually and as
POA for Victoria Neidig
1726 Stone Mountain Lane
Las Cruces, NM 88011
Douglas G. Miller, Esquire
Attorney for Barbara Kist
60 West Pomfret Street
Carlisle, PA 17013-3222
Dore Kay Felix
3207 Pennwood Road
Harrisburg, PA 17110
/ Barbara A.~had'el
Dated:
IN RE:
ESTATE OF RUTH V. MILLER
NOV
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 2870-1967
ORPHANS' COURT DIVISION
3 0 2004
~ ORDER
AND NOW, this day of ~¢,,~..,~ , , 2004, upon
review of the Petition for Grant of Letters of Administration d.b.n.c.t.a, filed Pursuant to 20 Pa.C.S.A.
§3152 in the above-captioned matter, IT IS HEREBY ORDERED AND DECREED that Petitioners, Lynn
N. Mason and Robert D. Miller have shown good cause as to why more than twenty-one years have
expired from the Decedent's death prior to their request to have Letters of Administration d.b.n.c.t.a.
issued and the Register of Wills of Cumberland County is hereby directed to grant Letters of
Administration d.b.n.c.t.a, to Petitioners, Lynn N. Mason and Robert D. Miller on behalf of the Estate of
Ruth V. Miller.
BY THE COURT:
DLLi C :LL ET/ L,
Bg: 51 PURCELL, KRUG, &HALLER ?17 788 4939
IN THE COURT OF COMMON PLEAS OF CU~R~ND ~OU~, PENNSYLV~IA
PETITION FOR
Estate of RUTH V. MILLER
also known as
P. O3
(COMPLETE 'A" OR "B" BELOW:)
A. ProDate and Grant of I.ettem and aver ~at Petitioner(s) ie/sra the exec, ut ~
O Decedent, dated and ;odi~il(s) dated
named in the Last Will of the
Except e~ follows, Deoedent did not many, wa~ not ¢rrvo~ed and dkl not have a chh bom or adopted afl~r exeoution of the do=ument~
for probate; was not the vt~m Of a Idlrmg .a~ w~ never adjudicated incapadtatad:
B. Grant of Letters of Administration d.b.n.c.t.a.
(¢.l,a., d.b.n.C.ta.: pe~lente lite, dumnte el3ee~ie; ¢l~l~tte
Petitioner(s) after s proper see~r.h has/have ascertained the Decedent left no Will and was survived by the following Spouse
(if any) and heirs:
Name RelatiOnship
Helen K, Wiest Sister
Dickson R. Miller Son
Viotorie E. Neidig
Ruth V. Nyquist
Daughter - o/o her Power of Attomey,
Donald E. Neidig
Daughter
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumbedand
residerme at
Deceased - 1980's
Deceased 1/31/03
1518 soenio Drive
Alarnogordo, NM 88310
205 Bella Vista Dr,, .M. arysville, PA
............ County, Pennsylvania, with his/her last family or princrpal
(list ~reet, number anO mtxlicilxility)
Decedent, then, __ years of age, died October 11, ..... 1966 , at
(Logan)
Deoedent at 0ea~ owned property with estimetad values as follows;
(if domiciled in PA) Ail pemonal property .........................................
(if not domiciled in PA) Pe~.~o~el p~operty in Pennsylvania .................... $
(If not domh3'led in PA) Personal p~ope~(y in County .............................. $
V;lue Of real estate in Pennsylvania ........................................................................................ $
Total .....................................................................................................................
Real Estate situated as follows:
26,..66_9.63
70,000.0~0
,..96,669.63
171 acres - greenhouses and houses
Wherefore, Petlfinoer(s) respectfully request(s) ~e probate of the Last Will and ~ia'l(s) presented with thi~ Petili~ aria tile grant of letters in
trte ap~x'c~late form to the undersigned:
Typad or p~ntecl r~rne and residence
N. Mason PA 1710
Robert O. Millerr 233 Bella Vista Dr, Marysv!lle, PA 17053
RW-?
DEC-28-k:~84 ~3:52
RUTH V. MILLER
R..RCELL, KRUG, &HR4_LER
Continuation of Petition for Grant of Letters
4939 P.~5
Mst of Surviving Spouse and Heirs
Ly~n N. ~
Robert D. Miller
Donald Nei~l',~, .Jr.
Dore Kay Felix
Barbara Kist
IGrend~_a._,,ghter
Grandson
Gn~ndson
Qren~lau, ghter
Qr~'~ldau~ht~'
Ralaaon~hip
,210 Maple Rd., Harrisburg, PA 17!..0.9 _
_~$ I~.~ !e Vista Dr., Ma~sville, PA
,1518 Scenic Dr., Alamq~g~Jo, NM
:~2,.07 Pertnwood Rd., Harrisburg., PA
130 Austin Ct..., Je~_~_ p, GA 31545
TDTRL P.t~5
DEC-;[~-;~;~4 1~:52 PLIRO=ll ,KRUG,EHRLLER ?17 ?1~ 4939 P.I~4
Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner(e) above-named swear(s) and affirm(s) that tho statements in the foregoing Petition are true
and correct to Ihe best of the knowledge and belief of Petitioner(s) and that, as personal repmeentetive(s) of the Deoedent.
Petitioner(s) will well end truly administer the estate a(XX~ing to law. ~
:?,~ Lynn N~l~ason '
before me this .../L/ ...... day of
II I
DECREE OF REGISTEE
IIII
Estate of RUTH V. MILLER.
el~o known as
Social Security No: ~:~)f Death:
.ow,
on the reverse side hereon, saris proof having been presented before me,
FI' IS DECREED that Letters I;] Testamentary ~ of Administration d.b.n.c.La.
are hereby grented to LYnn N. Mason and Robert D. Miller
in the above estate and that the instrument, s), if any, dated
described in the Petition be admitted to probate and filed of record ae the last Will of Decedent.
FEES
Letters .................................... $_ .
Short Certificate(s) ............... $ ....
Renunciation .......................... $
Af~avit ( ) ....................... $
Extra Pages ( ) .............. $
C~1 ................................. $
JCP Fee ................................. $
Inventory & Tax Fon'ns ............. $.,
Other ...................................... $
TOTAL ............................. $ ~
RW-7A
Attorney; Jill M. Winekar E~:luire
I.D. NO: 58802
Address: 1719 North Front Street
.Harrisburg,
Telephone: (7!~) 234-4178
PA 17102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of .RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned,Donald Neidig, Jr., grandchild
(Relationship)
(Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
'¥' Robertbl~iller
Letters of Administration d.b.n.c.t.a, be issued to Lynn Mason and
Witness my hand this
day of ,2004
/ ¢ignature)
Donald Neidig, Jr., 1518 Scenic Drive
Alamogordo
NM 88310
(Address)
(Signature)
(Address)
(Signature)
(Address)
of
Sworn to or affirmed and subscribed
before me this 2,~1'-~{ dayof
My Commission Expires:
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
RW-3
) (~(,~/ frac¥ L. Virden
........ ~ ~V PUBLIC
) ~ STATE OF ~-~CO
Renunciations executed' ~¢~~ister of Wills are
NOTE: required in some counties~b~t~5~
00:01 ~i~ 9~ 3~0 h00Z
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned, Ruth V. Nyquist, daughter
(Relationship)
(Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to Lyn~iVlason and Rober¢~iller
Witness my hand this c~)~ CA day of /¢,,~//._ ,2004
of
Sworn to or affirmed and subscribed
before me this o~¢ ~ day of
N~Lar), Public
My Commission Expires:
(Signature)
Ruth V. Nyquist, 205 Bella Vista Drive
Marysville, PA 17053
(Address)
- V ~' (Signature)
(Address)
(Signature)
(Address)
BARBARA A. SHADEL, Notary Public j
Oity of Harrisburg, Dauphin County J
My Oommi~,ion Expires March 19, 2007J
(Signature and seal of Notary or othej.i:JQO3 8,NVHdl::I0
official qualified to administer oaths, Show ~0
date of expiration of Notary's commission.)
NOTE:
O0:01 MY 87 310 t00
RW-3
Renunciations executed outside the Office of Register of Wills are
required in some counties to be notarized.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned, Donald Neidig, Jr., Power of Attorney for Victoria E. Neidi,g, daughter
(Relationship) (Capacity)
of
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to Lynn Mason and Robert Miller
Witness my hand this
'~'~ ~ay of '/~ 20O4
Donald Neidig, Or., PeA for Victoria E. Neidig, 216 Bella Vista Drive
Marysville~ PA 17053
(Address)
(Signature)
(Address)
(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this~---~3'('~- dayof
My Commlssl'~on Expires: ~-0~
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
RW-3
NOTE:
t (((~)i)Tracy L. Virden
My Commission Ex ires,
Renunciati~(~' ~~e ..... Office of Register of Wills are
required in som~~~tarized.
00:01 NV 8~ 33Q
IN THE COLIRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned, Dore Kay Felix, grandchild
(Relationship)
(Capacity)
!he above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.bn.c.t.a, be issued to LYnn/~ason and
Robert/)l~iller
Witness £n~/ hand this ,--.~-~"~/ day of ~,~¢~ ,~00_.__.~4
/
(Signsture)
Dore Kay Felix, 3207 Pennwood Road
Harrisbur0 PA
(Address)
17110
of
(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this_~.¢Y/~~ day of
,.
.
{$i(,~rl%L!re gPd St.!ii Of ;'4olaf'>, or other
officia! qua:if led 1o admirtister oaths, Show
date of expir~?i'!on r.'.t FJo[~r,/'s ~:ommission.~
RW-3
~-~-NOTARIAL SEAL
JOAN R. FRY, Notary Public
Camp Hill, Cumberland County, PA
My ~omminelon Expires Nov. 14, 200~
NOTE:
Renunciations exe,,~c~t~N~C~'~e of Register o[ Wdls are,
required in soma count~t~,~,:~i'~arized.
00:01F,~/ 8~ 3~g
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
RENUNCIATION
Estate of RUTH V. MILLER
also known as
, Deceased
No. 2870 OF 1967
The undersigned, Barbara Kist~ grandchild
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters of Administration d.b.n.c.t.a, be issued to L¥nn~vMason and Robert~iller
Witness mY hand this ~'~-/'g day of ~/O~ 2004
/
~ (Signature)/
Barbara Kist, 130 Austin Court
Jesup, GA 31545
(Address)
't:' ,':"T "::" (Signature)
) (Address)
::., ' ..~ (Signature)
"-,-' ~ (Address)
Sworn to or affirmed and subscribed
before me this ,~ tS~/~ day of
My Commission Expires:
of
(Signature and seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's commission.)
RW-3
NOTE:
I'¢,enunclauons ex~¢,~.¢~,O~ .l~ti¢.~¢.~,41j~e of Register of Wills are
required in some co,~ ~'~d.
00:01
HOWARD B. KRUG
LEON' P. HALLER
dOHN W. PURCELL, dR.
dILL M. WINEKA
BRIAN d. TYLER
NICHOLE M. STALEY O'GORMAN
LA'9~r OFFICES
1719 NOR. TH FR.ONT STP,.EET
HAR. P,.ISBUP,.G, PENNSYLVANIA 17102-2392
TELEPHONE (7157) 234-4178
FAX (717) 233-1149
December 22, 2004
Register of Wills
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013-3387
HERSHEY
(717) 533-3836
Re: Estate of Ruth V. Miller
Dear Register of Wills:
Please be advised I have been retained to represent the Estate of Ruth V. Miller. The Estate was
originally opened in Cumberland County in 1967. Pursuant to my December 21, 2004 phone
conversation with Margie at your office, enclosed is a copy of President Judge Hoffer's December 6, 2004
Order, granting the relief requested in the Petition filed pursuant to 20 Pa.C.S.A. §3152, requesting that
Letters of Administration d.b.n.c.t.a, be issued to the proposed Co-Administrators, Lynn N. Mason and
Robert D. Miller.
Previously, on September 10, 2004, I had filed five original Renunciations, (executed by all other
testate beneficiaries), an Estate Information Sheet and a Petition for Grant of Letters. The Register of
Wills subsequently returned the clocked-in documents, with the date and time crossed out. The Register
of Wills advised that a Petition had to be filed for the Court's review and approval, owing to the length of
time between now and the opening of the Estate. Now that the Court has approved the relief requested
in the Petition, it is my understanding that the five Renunciations, Estate Information Sheet and Petition
for Grant of Letters must be refiled. To that end, enclosed please find the following:
The original and one copy of five Renunciations signed by the following persons: Ruth V.
Nyquist, Donald Neidig, Jr., Dore Kay Felix, Barbara Kist and Donald Neidig, Jr., as
Power of Attorney for Victoria E. Neidig, renouncing in favor of Lynn N. Mason and
Robert D. Miller.
2. An original and one copy of the Estate Information Sheet.
An original and one copy of the Petition for Grant of Letters of Administration d.b.n.c.t.a. I
am also enclosing a check in the amount of $247.00 in order to file the Renunciations,
pay the requisite probate fees and other related fees, and to obtain four Shod
Certificates.
4. For your convenience, I am enclosing a copy of the Will dated
Register of Wills
December 22, 2004
Page 2
It is my understanding that the Co-Administrators, Lynn N. Mason and Robert D. Miller can be
sworn in and simply need to stop by your office during normal business hours.
I am enclosing a stamped, self-addressed envelope in order for you to return copies of each
Renunciation, the Estate Information Sheet, the Petition for Grant of Letters, receipt for the monies paid,
and the four requested Shod Certificates.
Should you require any additional information or documentation, please contact me directly.
Sincerely,
i~M. Winek~aa'
JMW/bas
Enclosures
CC:
Lynn N. Mason w/o enc.
Robert D. Miller w/o enc.
(estates\miller~12-22-04 Itr to register)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
PETITION FOR GRANT OF LETTERS
Estate of RUTH V. MILLER
also known as
No. 2870-1967
, Deceased Social Security No.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut __
[]Decedent, dated and codicil(s) dated
named in the Last Will of the
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 documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
B. Grant of Letters of Administration d.b.n.c.t.a.
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Residence
Helen K. Wiest Sister Deceased - 1980's
Dickson R. Miller Son Deceased 1/31/03
Victoria E. Neidig 1518 Scenic Drive
Ruth V. Nyquist
Dau~]hter - cio her Power of Attorney,
Donald E. Neidig
Daughter
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
residence at
Alamogordo, NM 88310
i205 Bella Vista Dr., Marysville, PA ] 7053
County. Pennsylvania, with his/her last family or principal
(list street, number and municipality)
Decedent, then years of age, died October 11, 1966 at
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property
(if not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County ..............................
Value of real estate in Pennsylvania ........................................................................................
Total
Real Estate situated as follows:
171 acres - greenhouses and houses
26,669.63
70,000.00
96,669.63
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:
I //'.~ ,--.) Signature Typed or printed name and residence
~~ //'~''~/-~)' "'-~ ~ .ynn Mason, 210 Maple Rd., Harrisburg, PA 1710c[
Robert.~. Miller, 233 Bella Vista Dr., Marysville, PA 17053
RW-7
RUTH V. MILLER
Continuation of Petition for Grant of Letters
Page 1
2870-1967
List of Surviving Spouse and Heirs
Name
Relationship
Residence
Lynn Mason
Robed D- Miller
Donald Neidig, Jr.
Dore Kay Felix
Barbara Kist
Granddaughter
Grandson
Grandson
Granddaughter
Granddaughter
210 Maple Rd., Harrisburg, PA 17109
233 Bella Vista Dr., Marysville, PA 17053
518 Scenic Dr., Alamogordo, NM 88310
3207 Pennwood Rd., Harrisburg, PA '17110
130 Austin Ct., Jessup, GA 31545
Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitjener(s) and that, as personal representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate accor~l~(~ to law. -~..--~.~ ,.
Sworn to and affirmed and subscribed ~d' ~'~, ~"/'~/~'~:)~'")"~
LY,~a~/°n .-~
September, 2004 ' ert D.. Miller
DECREE OF REGISTER
Estate of RUTH V. MILLER
also known as
Deceased No. 2870-1967
Social Security No:
Date of Death:
AND NOW, , 2004 , in consi.C~r,.~ion of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters I~ Testamentary [~ of Administration d.b.n.c.t.a. ~ '
(c.t.a., d.b.n.c.t.; pendente I~; durante abr~tia; durante mlnoritate)
are hereby granted to Lynn Mason and Robert~r, Miller
in the above estate and that the instrument(s), if any, dated :.? ;; · ,,
described in the Petition be admitted to probate and filed of record as the last Will of Dece~enil ~
FEES
Letters .................................... $
Short Certificate(s) ..... ..~ ....... $
Renunciation .......................... $
Affidavit ( ) ....................... $
Extra Pages ( ) .............. $
Codicil ................................. $
JCP Fee ................................. $
Inventory & Tax Forms ............. $
Other ...................................... $
TOTAL ............................. $
RW-7A
Register of Wills
Attorney
Attorney: Jill M. Wineka, Esquire
I.D. No: 58802
Address: 1719 North Front Street
Harrisburg,
Telephone: (717) 234-4178
PA 17102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
ORPHANS' COURT DIVISION
PETITION FOR GRANT OF LETTERS
Estate of RUTH V. MILLER
also known as
No. 2870-1967
, Deceased Social Security No.
Petitioner(s), who is/are 18 years of age or older, apply(les) for:
(COMPLETE "A" OR "B" BELOW:)
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut __
[]Decedent, dated and codicil(s) dated
named in the Last Will of the
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 bom or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
B. Grant of Letters of Administration d.b.n.c.t.a.
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
Name Relationship Residence
Helen K. Wiest Sister Deceased - 1980's
Dickson R. Miller Son Deceased 1/31/03
Victoria E. Neidicj
Ruth V. Nyquist
Daughter - c/o her Power of Attorney,
Donald E. Neidig
Daughter
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
residence at
1518 Scenic Drive
Alamogordo, NM 88310
205 Bella Vista Dr.~ Marysville, PA ]7053
County, Pennsylvania, with his/her last family or principal
(list street, number and municipality)
Decedent, then years of age, died October 11, 1966 , at ~?" ? ·
'
Decedent at death owned property with estimated values as follows: ~'~"
(if domiciled in PA) All personal property .......................................
(if not domiciled in PA) Personal property in Pennsylvania .................... $
(If not domiciled in PA) Personal property in County .............................. $
/
Value of real estate in Pennsylvania ...................................................................................... ~: $
Total ....................................................................................................................
Real Estate situated as follows:
171 acres -greenhouses and houses
26,669.63
70,000.00
96 669 63
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
Mason
Rd., Harrisburg, PA 1710c~
233 Bella Vista Dr., Marysville~ PA 17053
RW-7
RUTH V. MI
R
Continuation of Petition for Grant of Letters
2870-1967
Page 1
Spouse and Heirs
~lame Relationship Residence
List of Surv
I
Lynn Mason
Robert'D. Mi
Donald Neid
Dore Kay Fe
Barbara Kist
Granddaughter
Grandson
Ir. Grandson
Granddau~]hter
Granddaughter
210 Maple Rd., Harrisburg1, PA 17109
233 Bella Vista Dr., Marysville, PA 17053
1518 Scenic Dr., Alamogordo, NM 88310
3207 Pennwood Rd., Harrisbur,~, PA 'l ?110
130 Austin Ct., Jessup, GA 31545
Commol
County
and correc'
Petitioner(.,
Sworn to a
before me
September
Oath of Personal Representative
. alth of Pennsylvania
~e Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
the best of the knowledge and belief of Petitjener(s) and that, as personal representative(s) of the Decedent,
ill well and truly administer the estate accori(;tif~o to law. ").-~.~..
~rmed and subscribed Lytton "
04 ~obo~ ~ Millor
Estate of F
also knowr
DECREE OF REGISTER
H V. MILLER
Deceased No. 2870-1967
on the revE
IT IS DECF
are hereby
in the abo~
described i
Social Security No:
Date of Death:
~ID NOW, , 2004 , in consid~r.a,tion of the Petition
side hereon, satisfactory proof having been presented before me,
:D that Letters I~ Testamentary ~ of Administration d.b.n.c.t.a.
(c.t.a., d.b.n.c.t.; pendente I~; durante abr~tia; durant~ minodtate)
nted to Lynn Mason and Robert~, Miller i:i:~ ~ :::,
state and that the instrument(s), if any, dated ,,, ....
e Petition be admitted to probate and filed of record as the last Will of Decedent.
Letters .....
Short Certi
Renunciati
Affidavit (
Extra Page
Codicil ....
JCP Fee ..
Inventory ~
Other .......
TO'
RW-7A
FEES
~e(s) ..... ..L( .......
x Forms ............. $
Register of Wills
Attomey
Attorney: Jill M. Wineka, Esquire ~¢r '~ ' ~"~Z~
I'D' NO: 58802 --
Address: 1719 North Front Street
Harrisburg~ PA 17102
Telephone: (717) 234-4178
WILL
I, RUTH V. MILLER, of East Pennsboro Township, County of
C erland, and State of Pennsylvania, being of sound mind., memory and
u rstanding, do hereby make and publish th'is, my last will and.
t ament, hereby revoking and making void all wills by me at any
t heretofore made.
m
b
1. I direct my Executors, hereinafter named, to pay all
decease.
ust debts and. funeral expenses as soon as convenient after my liii~:~i~ill
Z. I direct my Executors, hereinafter named, to pay all taxes,
State and Federal, which may be levied or assessed against my said
from the corpus thereof.
3. I give, devise and bequeath to my daughter, Victoria E.
N ig, and. my son, David ~. Miller, that certain tract o~ land
s 1re in East Pennsboro Township, Cumberland County, Pennsylvania,
h ~g erected, thereon four greenhouses; said devise to include the
c [lage appurtenant thereto and necessary for the full use and enjoy-
m. of said greenhouses.
4. I give and bequeath to my daughter, Victoria E. Neidig,
a] ~y son, David K. [4iller, all personal property necessary for the
f~ operation and. enjoym~t of said greenhouses, the same to include
p( plants, gardening implements and automotive equipment.
$. I give, devise and bequeath to my daughter, Victoria E.
~ g, and my son, David ~. Miller, all that certain land or real estate
sj ~te in East Pennsboro Township, Cu~mberland County, Pennsylvania,
ac ~ent to said greenhouse property, hereinbefore devised, and now used
f¢ 'rowing plants, flowers and. other purposes necessary for the green-
he business, for and during the terms of the natural lives of the said
Vi ria E. Neidig and David ~. I~iller, or the survivor of them, and.
at e death of the said Victoria E. Neidig or David ~. Miller, which-
e~ shall last occur, then said life estate shall cease and said
re es%ate shall become a part of my residuary estate.
335
6. I give, devise and bequeath the sXone dwelling, which
] .w occupy as my home, situate in EasX Pennsboro Township, Cumberland
f .fy, Pennsylvania, and the curtilage appurtenant thereto, to my
¢ bier, Victoria E. Neidig, absolutely.
7. I give, devise and bequeath to my son, David K. Miller,
t frame dwelling, and the curtilage appurXenant thereto, situaXe in
E Pennsboro Township, Cumberland County, Pennsylvania, in which he
n resides, absoluXely.
8. I give, devise and bequeath to my daughXer, RuXh V. NyquisX,
t frame dwelling, situaXe in East Pennsboro Township, Cun~erland
C fy, Pennsylvania, in which she now resides, together with the
c ilage appurtenant khereto, absolutely.
9. In my will I have made no special provision for my son,
D ~on R. Miller, as I made provision for him during my lifetime.
10. All Xhe rest of tract and. buildings, residue and remainder
o ~ esXate, whether real, personal or mixed, of whatsoever kind and.
w ~soever situate, including any life estaXes which may revert as a
p, of my residual estate by reason of death, I give, devise and
b, ~ath to my issue, Dickson R. Miller, Victoria E. Neidig, David ~o
M~ ~r and Ruth V. Nyquist, for and. during the Xerms of their natural
1~ ;, or to %he survivor of them, and. aX the death of ~he said.
D~ ~on R. Miller, Victoria E. Neidig, David K. Miller and. Nu~h V.
NTM .st, whichever shall last occur, then I give, devise and. bequeath
se rest, residue and remainder of my estate to my grandchildren,
D~ d Foster Neidig, Jr., Barbara Jean Miller, Robert David Miller and
L~ Frances Nyquist, and. any grandchildren hereafter born, absolutely°
Provided, however, should any of my said grandchildren pre-
d.~ se the last survivor of my children, then I give, devise and
be aXh the share or shares of said deceased grandchild or grand-
c~ zen, in my residuary estaXe, to his, her or their heirs aX law
a± e time of death of said grandchild or grandchildren°
-2-
336
Mill
of t
15±
Test
US W
her
Lastly, I name, constitute and appoint my son, Dickson R.
and my sister, Helen Kennedy Wiest, to be the Executors
· my last will and testament.
IN WITNESS WHEREOF I have hereunto set my hand and seal this
day oS June A.D. 1960
Signed, sealed, published and declared by the above named
ix as and for her last will and testament in the presence of
have hereunto subscribed our names as witnesses thereto, at
uest and in her presence and in the presence of each other.
(s~m~)
337
--3--
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
CERTIFICATION OF NOTICE
UNDER RULE 5.6(a)
Name of Decedent: RUTH V. MILLER
Date of Death: 10/11/1966
Will No. 1967-02870
Adm. No.
To the Register:
I certify that notice of estate administration required by Rule 5.6(a) ofthe Orphans'
Court Rules was served on or mailed to the following beneficiaries of the above-captioned
estate on 3/17/2005
Ruth V. Nyquist
Address
1726 Stone Mountain Lane
Las Cruces.
60 West Pomfret Street
Carlisle.
3207 Pennwood Road
Harrisbura
205 Belia Vista Drive
Marvsville.
210 Maple Road
Harrisbura.
NM 88011
PA 17013-3222
PA 17110
PA 17053
PA 17109
Name
Donald Neidig, Jr., Individually and as Power of
Attornev for Victoria E. Neidio
Barbara Kist
c/o Doualas G Miller. Esouire
Dore Kay Felix
Lynn N. Mason
Notice has now been given to aIt persons entitled thereto under Rule 5.6(a) except:
Date:
3//7/0J"'"
",'"r m iJ~
Name: Jill M. Wineka Esauire
Address: 1719 North Front Street
Harrisbura. PA 17102
Telephone (717) 234- 4178
x
Personal Representative
Counsel for Personal
Representative
Capacity:
v--
~TH V. MILLER
icedent
Continuation of Certification of Notice Under Ruie 5.6(a)
Page 1
10/11/1966
Date of Death
~mes and addresses
Name
)bert D. Miller
Address
233 Bella Vista Drive
Marysville,
PA
17053