HomeMy WebLinkAbout06-09-15 ;..�
� �
ca �..,-, _;� r�
c--
PETITION FOR GRANT OF LETTERS ��== �; � f,'-' `'
. - , .-, � � �
REGISTER OF WILLS OF CUMBERLAND ___COUNTI�',`��I��VSYLVANI,A1
c.c�
Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below, and in s4�pport thereof aver(s)E�e
following and respectfully requests the grant of Letters in the appropriate form: " -`••� , �
y:-�3 . �
_ : : ,
Decedent's Information �/ c� , rri
Name: Marlin H. Miller File No: 21-15 �1`1"� `�; �,—�
a/k/a: (Assigned by Regis�BD) ��`�
a/k/a:
a/k/a: Social Security No: 208-42-4328
Date of Death: 04/20/2015 Age at Death: s2
Decedent was domiciled at death in Cumberland County, pq (State)with his/her last
principal residence at 220 Green Hill Road,Newville 17241 West Pennsboro Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 220 Green Hill Road,Newville 17241 West Pennsboro Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
�
Estimate of va�ue of decedenYs property at death:
If domiciled in Pennsylvania...................... All personal property $ 15,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 125,000.00
� TOTAL ESTIMATED VALUE $ 140,000.00
Real estate in Pennsylvania situated at 220 Green Hill Road,Newvllle 17241 West Pennsboro Cumberland
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
QX A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 07/23/2007 and Codicil(s)
thereto dated 12/20/2008
State relevant circumstances(e.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate, Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS � EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate
If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and comolete list of heirs.
InX23pPa C S�§3323(g)and was neitheathet�iPtimdof a kill�ng nor ever and�ud cated ane ncapacitated personhad been established as defined
�NO EXCEPTIONS � EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent teft no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The I.ackner Group,Inc Page 1 of 2
..«„1 If"17��I,.��..�..�.�.��� �
Oath of Personal Representative OfficialUseOnly
COMMONWEALTH OF PENNSYLVANIA } ' �''
�-�a =-.'7
} SS: Ca -"''
� �- t�1
COUNTY OF Cumberland } �-= /'j �=�
Petitioner(s)Printed Name Petitioner(s)Printed Address ' r %--' :`�
r.t r
Marla L.Albright 390 Kerrsville Road -� �_� ''�
Carlisle, PA 17015 � �'p ' "
(717)275�6$50
Kelly L. Clopper 312 Reading Road � � ```
Shippensburg, PA 17257 - ,
C..J ; . �;1
F--` C'� -:1
C"J�
The Petitioner(s)above-named swear(s)or affirm(s)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 Dec dent, Pe�4,�rf,,oner )w welbe truly administer the estate accordin to I w.
Sworn to ffirmed and bscribed before
_...�����MY�t� � Date L �
me t � �hday of �D/,� U i c- �ate �
BY: Date
or e Re ster Date
BOND Required? � YES � NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Lett s.......................................... $ ��0. d O ignat
( � )Short Certificate(s)......... '�G
( )Renunciation(s)..............
( � )Codicil(s)........................ U
( )Affidavit(s)...................... ,in ; Bradley L.Griffie
Bond............................................. Supreme Court
Commission.................................. ID Number: 34349
the
�i '�d
Firm Name: Griffie&Associates, P.C.
rV � Address: 396 Alexander Spring Road,Suite 1
� �
Carlisle,PA 17015
Phone: 717-243-5551
Automation Fee............................ '
Fax:
JCSFee....................................... �
TOTAL......................................... $ . E-mail: bgriffie@griffielaw.com
DECREE OF THE REGISTER
Date of Death: 04120/2015
Social Security No:
Estate of Marlin H. Miller File No: 21-15 r" p ,h
a/k/a:
AND NOW, � � , �� , in consideration of the foregoing Petition,
satisfactory proof havin een presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Marla L.Albright and Kelly L. Clopper
in the above estate and(if applicable)that the instrument(s)dated 07/23/2007 12/20/2008
described in the Petition be admitted to probate and filed of record as the la �II(and Co icil s))of Deced t.
� J��� �.1�
R�giste of Wills � � �,
g
Form RW-02 rev.lo/��/2011 Copyright(c)2011 form software only The Lackner Group,Inc. .'✓_ �� � �1��e 2 of 2
_� ` �
�� ,.
E�-'�' C..7 .. .
'.,_
�_.. .".'�� <")
., _.J ��. .
' t F� ,,.
t:�
. C.�J ' .
;
�3 �
- , _:
;1J ,l
F--' .}
�
LAST WILL A1�lD TESTAMENT
I, MARLIN H. MILLER, presently residing at 220 Green Hill Road, Newville, West
Pennsboro, Cumberland County, Pennsylvania 17241, being of sound mind, memory and
disposition, do hereby make, publish and declare this my Last Will and Testament, hereby
revoking and making void all Wills by me at any time heretofore made.
FIRST: PAYMENT OF EXPENSES - I order and direct my personal representative
hereinafter named to pay all of my just debts, funeral expenses and expenses involved or
connected with the administration of my estate as soon after my death as is reasonably possible.
However, my personal representative need not accelerate and pay those un-matured obligations
which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and
pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of
my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a
burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate
for this purpose.
SECOND: SPECIFIC BEQUEST — I bequeath my 755 John Deere Tractor to my
gandson TEVl'N ALBRIGHT, to be held IN TRUST by his mather, MARLA L. ALBRIGHT
until he attains the age of eighteen(18).
THIRD: DEVISE OF REAL ESTATE — I devise iny real estate, together with
improvements thereon, known as 220 Green Hill Road, Newville, PA 17241, situate in West
Pennsboro Township, Cumberland County, Pennsylvania to my grandson, TEVYN ALBRIGHT,
to be held IN TRUST pursuant to paragraph FOURTH below.
FOURTH: TRUST FOR REAL ESTATE—I direct that said real estate devised to my
grandson described in Paragraph THIRD above be placed in TRUST with MARLA L.
ALBRIGHT as TRUSTEE, for his benefit, until he reaches the age of twenty-one (21) years,
with the following powers in addition to those presently given by law:
A. While the beneficiary is a minor, the power to expend the income towards
the health, support and maintenance, and education of the said beneficiary;
and
B. The power and obligation to expend the income towards the health, support
r� and maintenance, and education, including a college (both undergraduate
and graduate), trade, business or technical school education, of the said
,.
� beneficiary; and
�
� C. The power and obligation to distribute the remaining balance of the Trust
� when the said beneficiary reaches the age of twenty-one (21) years, without
the necessity of a formal adjudication of the Trustee's Account in the Court
�
.�
��
�
` WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING `S�f�Rf=E"I- - SHIPPENSBURG, PA 17257-1397
"I il°111'Il Bfl'' "
of Common Pleas of Cumberland County, upon the receipt of a good and
valid release; and
D. If the beneficiary dies prior to attaining the age of twenty-one (21) years,
then the balance of the Trust shall be distributed to my daughter, MARLA
L. ALBRIGHT and KELLY L. COLPPER.
E. The principal of the Trust and the income therefrom shall be free from the
debts, liabilities, and engagements of those beneficially interested therein,
and shall not be subject to assignment by him or her, nor to attachment or
execution under any legal, equitable or other process for the enforcement of
jud�ments �r c�air.:s of any sert against them, either individually or
collectively.
F. In the event the above-mentioned persons are unable to serve as Trustee, I
then name, constitute and appoint KELLY L. COLPPER, Successor
Trustee, with the same powers and obligations hereinbefore stated.
FIFTH: RESIDUE OF ESTATE —I give, devise and bequeath all the remainder of my
estate, real, personal and mixed, whatsoever and wheresoever situate equally to my children,
MARLA L. ALBRIGHT and KELLY L. COLPPER.
Should any of my children predecease me but leave descendants who so survive me, such
descendants shall receive, per stirpes, (by representation) the share that such predeceased child
would have received had he or she so survived me.
SIXTH: TRUST — In the event that if any beneficiary of Paragraph FIFTH of this my
Last Will and Testament is under the age of twenty-one (21) years, I then direct that said
beneficiary's share be placed in TRUST with MARLA L. ALBRIGHT as TRUSTEE of any
property which passes under this Will or otherwise, to invest and re-invest the same until the said
beneficiary reaches the age of twenty-one (21) years, with the following powers in addition to
those presently gi��en by law:
A. While the beneficiary is a minor, the power to expend the income and, if
necessary, the principal towards the health, support and maintenance, and
education of the said beneficiary; and
B. The power and obligation to expend the income and, if necessary, the
` principal towards the health, support and maintenance, and education,
�,,��,.� including a college (both undergraduate and graduate), trade, business or
technical school education, of the said beneficiary; and
\`� C. The power and obligation to distribute the remaining balance of the Trust
�,� when the said beneficiary reaches the age of twenty-one (21) years, without
�a
�u
c�
�
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 1Z6 EAST KING '_�,"lf-REF_�-�� - SHIPPENSBURG, PA 17257-1397
,....A��I�.I,.I�..1�.�.i� .
the necessity of a formal adjudication of the T1-ustee's Account in the Court
of Common Pleas of Cumberland County, upon the receipt of a good and
valid release; and
D. If the beneficiary dies prior to attaining the age of twenty-one years, then
the balance of the Trust shall be distributed to my lineal descendents, on a
per stirpes distribution basis.
E. The principal of the Trust and the income therefrom shall be free from the
debts, liabilities, and engagements of those beneficially interested therein,
and shall not be subject to assignment by him or her, nor to attachment or
�xe�uti�n unuer any legal, eq�aitab?� or other gxocess for the enforcement nf
judgments or claims of any sort against them, either individually or
collectively.
F. In the event the above-mentioned persons are unable to serve as Trustee, I
then name, constitute and appoint KELLY L. COLPPER, Successor
Trustee, with the same powers and obligations hereinbefore stated.
SEVENTH: PERSONAL REPRESENTATIVE - 1 norninate, constitute and appoint
my children, MARLA L. ALBRIGHT and KELLY L. COLPPER, to be the Co-Executors of
this my Last Will and Testament.
EIGHTH: WAIVER OF BOND - I direct that my personal representative(s), Guardians,
and Trustees shall not be required to give bond for the faithful performance of their duties in any
jurisdiction.
NINTH: COMPENSATION OF FIDUCIARIES - My Executor(s) and Trustee
shall be entitled to reasonable compensation for his or her services rendered from time to time
and/or to reimbursement of out-of-pocket expenses.
TENTH: TAXES - I hereby direct that all federal, state and other death taxes payable
because of my death, with respect to the property forming rny gross estate for tax purposes,
whether or not passing under this Will, including any interest or penalty imposed in connection
with such taxes, shall be considered a part of the expense of administration of my estate and that
�` such be paid out of the rest and residue of my estate.
�`
. �
�
ti
�
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 7Z6 EAST KING `_�-I�REF_�'- - SHIPPENSBURG, PA 17Z57-1397
,�i rrn�r�n�rrr���� �
IN WITNESS WHEREOF, I, MARLIN H. MILLER have hereunto set my hand and seal to this
my Last Will and Testament,�vritten on fou; (4) pa es, the f rst three pages signed for
identification only,this ��� day of y�t � � ' _, 2007
_��' ";;�� (SEAL)
,� �����-` y, ,
MARLIN H. MILLER
This instrument was by the Testator, on the date hereof, signed, published and declared by
MARLIN H.MILLER to be his Last Will and Testament, in our presence, who at his request and
in the presence of each other, we believing him to be of sound and disposing mind and memory,
have hereunto subscribed our r.ames as witnesses.
_
����
;�
,-� '�'" .— ,� *�`+,'�:.C- .!c:r,.�.�:,-,
`�_� z,: / ,
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND :
I, MARLIN H. MILLER, the person whose name is signed to the foregoing instrument, having
been duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
,
�u��.��, ;;y 'f/,��,���
MARLIN H. P✓IILLER
Sworn or affirmed to and acknowledged before
me by M�RLIN H.�VI�LER, the Testator,
this ��`" day of J � , 2007
�1y� . _ �'�
Notary Public
hQ ! LT�1R� ��,�L
RICHARD L.WE��E�i,��•,NQ�'ARY PUBLIC
SHMY COM1�fS aN�x���5��LYN 5C 010�
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 1Z6 EAST KWG °S-f�RF4E7� - SHIPPENSBURG, PA 17257-1397
..:I fl"Il.�..��..>..��.,. t
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND :
We,��r� �� u 1` �Y �� and ���k� . �' �,0�� �: 1�. , the
witnesses whose names are signed to the foregoing instrument, being duly qualified according to
law, do depose and say that we were present and saw MARLIN H. MILLER, the Testator, sign
and execute the instrument as his Last Will; that he signed willingly and that he executed it as his
free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight
of the Testaor, signed the Will as witnesses; 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.
/ �
� .�
��z..�c;
r� , �, , .�
�..�, �,..r •��L 1�" c �� ��f _
,.. ' 1 �..�
Sworn or affirmed to and subscribed before me
bY ����c < <c �,� �---�e � ,
and�;��.�= (.. \��t:<.,��� 1 L.
� 1 I
witnesses,this �� day of ✓i./ 7 , 2007
-�
� � -��
Nota ublic
—.� _ -�_�,��.��R��.��,,�.1,_.__._
RICHARD�..��:����4N^�.���`'���RX PUBLIC
SHIPPENS9��C����'�����"�'`���-A�a COUNTY
MY C0�!id9i�Slb�=�`��'``���'�:;�"L�'15,2010
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 1Z6 EAST KING ::=�"I:'P;IEEf - SHIPPENSBURG, PA 17257-1397
_.1 fl"Il.�...1�..�.�.,.,.. F
ADDENDUM TO WILL OF: MARI,�� H MILLER
This is to be added to the will that already stands, writt�:n by Attorney
Webber.
As to this agreement, Marlin Miller, aka Marlin and I�:.�th�;y McKenzie, aka
Kathy will be addressed.
Due to any unforeseen circumstances resulting in his d�eat:h, Marlin states
Kathy is to receive $15,000 of retirement funds, a vel�ii�c:lf� of her choice and
any or all household items of her choosing. All bank �c;c,c��unts will be the
properry of Kathy. Marlin wants it to be known, Kat��� i:� to continue to live
in the home at 220 Green Hill Rd. Nevwille, with no e�i�d date with the
stipulation, there will be no other man joining her in�ie :home. All tools and
equipment in the garage stays with the property, whia°t� i.s, willed to Tevyn
Albright.
At which time Marlin shall become ill; any medical ��e�ci,�ions to be made
will be a joint agreement between Kathy and Marla l-�l�r�ght.
To the agreement of this addendum with Marlin and �:atl�dy, both parties will
sign below in front of a Notary.
����"� '7� �'��� Date la�ao����
Marlin H. Miller
� �� Date �a- �2�c'' -c� ti,,,
Kathy L. enzie
_.�
� ;=; �
�w�r►� �nd sub�cr�b�c! �ti ;�-, �� �,�
< , ,, e,
'befiQr� me #fi�is�d�y � _
� �, -,
.�� �' c_._ - c::>
Of �, .. � �
� :> ���
� ,.,.. _i
',. , C.�
. �
,
� ',;
� . �
c,�
An�ih� rt� p �i�.�/ R� W ._ t el
C��'!Is'fL{`iti9���t{�.�f I �r � ��47Y]I�`��f��A . C��
`........��-^"°C;,..�� �e t.;7
!��"l''a`?�' .a�rs� � '�"1
�y�`i��.'s����': �� � F'ewbilC}
[J�11� +: , � , Sir�,yFf�.� �sa7ti���ly
� �:.r �i �,�<I�?,: _.
�p �.-1�(it�i��iS�f.�,...���S,..u_.;:��`..,.�y i.�?, �V12