HomeMy WebLinkAbout03-03-78
IN RE: ESTATE OF
IN THE COURT OF CO~ION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB HENRY MILLER,
An Alleged Incompetent.
ORPHANS' COURT DIVISION
NO. ORPHANS' 1978
PETI TION UNDER SECTION 5511 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE TO
ADJUDICATE INCOMPETENCE AND APPOINT GUARDIAN
TO TIlE HONORABLE, TIlE JUDGES OF SAID COURT:
The Petition of JACOB H. MILLER, JR., and HAROLD A. MILLER by
their Attorneys, SNELBAKER, McCALEB & ELICKER, respectfully represents
as follows:
1. That your Peti tioners herein are JACOB H. ~IILLER, JR., an
adult individual who resides at q.9 Springer's Lane, New Cumberland,
Pennsylvania, and HAROLD A. MILLER, an adult individual who resides at
R. D. I, Landisburg, Pennsylvania.
2. That JACOB HENRY ~IILLER, the alleged incompetent herein, was
born on September 21, 1892, and is presently 85 years of age.
3. That the alleged incompetent is a widower and presently
unmarried.
LJ. That the domicile and present residence of the alleged
incompetent is Glendale Drive, R. D. 4, Mechanicsburg (Silver Spring
Township), Cumberland County, Pennsylvania.
5. That the alleged incompetent is not a patient in any <m,ntal
institution nor is he an inmate or guest of any other institution.
6. That your Petitioners are the only next of kin of the alleged
incompetent who would be entitled to share in his estate should he now
die intestate.
7. That the gross value of the alleged incompetent's estate is
estimated by your Petitioners, after reasonable investi.gation, to be
approximately as follows:
(a) Farm located in Silver Spring Township,
Cumberland County, Pennsylvania
$25o,OlJo.oo
10,000.00
25,000.00
LAW OFFICES
SNELBAKER.
McCALEB 8: ELICKER
(b) Cash
(c) Farm equipment, crops and supplies
(d) Household furnishings, miscellaneous
personalty and automobile
TOTAL:
10,000.00
:;;295,000.00
:1.04 fAC' 107
8. That the alleged incompetent receives estimated income as
follows:
(a) Social Security Pension
$180.00 per month
(b) Undetermined amount of farm income and interest on
savings.
9. That the alleged incompetent was not a member of the armed
forces of the United States of America and is not receiving nor is he
entitled to receive any benefits from the United States Veterans
Administration.
10. That the alleged incompetent because of infirmities of old
age and physical illness is unable to manage his property and is liable
.to dissipate it or become the victim of designing persons.
11. That your Petitioners propose that they be appointed the
Guardians of the alleged incompetent's estate, since your Petitioners
are familiar with the alleged incompetent's needs and are familiar witi,
farm management.
l~. That no other court has ever assumed jurisdiction in any
proceedings to determine the competency or incompetency of the alleged
incompetent.
13. That no other guardian has been appointed for the estate of
the alleged incompetent.
ll~. That your Petitioners are interested in these proceedings only
to protect the security and welfare of the alleged incompetent and his
property.
WHEREFORE, your Petitioners respectfully pray your Honorable Court
pursuant to Section 5511 of the Probate, Estates and Fiduciaries Code
of Pennsylvania to direct the issuance of a citatjon directed to the
alleged incompetent, with notice thereof to be given to his next of kin
and to such other persons as the Court may direct, to show cause why
he should not be adjudged an incompetent and a guardian of his estate
appointed.
SNE.ffBA. KEJ~M' I ,EB )t/f:LI CKER .'
./ . M....~,.1 ,/
~ / )
By /.cc:u' '~._ .. /ud-,-~.-c/
Attorneys for Petitioners'
LAW OFFICES
SNELBAKER.
McCALEB & ELICKER
'~p t04 fAf,! 708
-2-
C OMi'lONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND)
58.
JACOB H. MILLER, JR., and HAROLD A. MILLER being duly sworn
according to law depose and say that they are the Petitioners in the
foregoing Petition and that the facts set forth therein are true and
correct to the best of their kno
Jacob iller,
.:;Ji (2/ZcP~'J/$4:d{-/[~
Harold . Miller
Sworn to and subscribed befor'e me
# .
this rt2. 7 1 day o~L1.-v_ "--;r ,
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. 0 '. ';,c. '.,~CIlA lCSBURG BOROUGH
,,; c'-.' . . \) y . ;CUMBERLAND COUNTY
,';; '".' ~,~~lISSIQN EXPIRES APldl6, 1978
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1978
LAW OFFICES
SNEL8AKER.
McCALEB & ELICKER
. !~! J 04 fAG' 709
-3-
IN RE: ESTATE OF
IN THE COURT OF COMfION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,JACOB HENRY MILLER,
An Alleged Incompetent
ORPHANS' COURT DIVISION
NO. . .', i ORPHANS' 1978
PRELIMINARY DECREE
AND NOW, this
,)
tI)
day of
)JU~'?;, 1978, upon
consideration of the within Petition and on the motion of Snelbaker,
McCaleb & Elicker, Attorneys for Petitioners, it is ordered and decreed
that a Citation be issued directed to JACOB HENRY MILLER to show cause
why he should not be adjudged an incompetent and a Guardian of his
estate be appointed; and that a hearing on said Petition and Citation
shall be held in Court Room No.
I
of the Cumberland County
Court House at Carlisle, Pennsylvania, on the
;?3
/1
day of t./l'../r<-d"
1978, at
;;2:30
o'clock ~.M., E.S.T.
At least ten (10) days' notice of said hearing shall be given to
Jacob Henry Miller, the alleged incompetent, by personal service of the
Citation, issued as aforesaid, and a copy of the foregoing Petition and
notice of said hearing shall be given to all known next of ki.n of the
alleged incompetent by personal service or by United States JVlail,
certified, return receipt requested, sent to their last known addresses
;,,1
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LAW OFFICES
SNELBAKER.
McCALEB &. ELICKER
to. f'ACt '110