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Home My WebLink About09-05-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of Frances S. Smith also known as File Number ~ \ D'l O~,~ , Deceased Social Security Number 198-10-8670 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix last Will of the Decedent dated June 15,2006 and codicil(s) dated named in 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: no exceptions D B. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) 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 in Section A above and complete list ofheirs.) ;;; (~ <.-;0 Decedent was domiciled at death in Cumberland 82 Magaw Ave.. Carlisle. South Middleton Township. Pennsylvania (List street address, town/city, towllShip, county, state, zip code) ::..0 'J - --l I..f? County, Pennsylvania with his / her last principa"f=tesidence at .s:::- Ol Name Relationshi (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent, then 87 years of age, died on August 26, 2007 Waynesboro. PA 17268 at Waynesboro Hospital, 501 East Main St.. Decedent at death owned property with estimated values as follows: (If domiciled in P A) 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 $ $ $ $ 400,000.00 situated as follows: None Wherefore, Petitioner(s) respectfully request(s) the probate ofthe last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence Dianne Kay McCullough, 9015 Goods Dam Rd., Waynesboro, PA 17268 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Cumberland The Petitioner(s) above-named swear(s) or affirm(s) 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 the ~ day of Signature of Personal Representative Signature of Personal Representative File Number: ~ \ () -, 08 \ ~ Estate of Frances S. Smith , Deceased Social Security Number: 198-10-8670 AND NOW, ~N\bA. ,~ ' ~l having been presented before me, IT IS DECREED that Letters are hereby granted to Dianne Kay McCullough Date of Death: August 26, 2007 , in consideration of the foregoing Petition, satisfactory proof Testamentary in the above estate and that the instrument(s) dated June 15,2006 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. . FE~S oD _0 ~ob lh'l~biJcu~~ J0;;le ~ Letters ..~. o.c?O. . . $ 3'\00 . ~l- I Short Certificate(s) . (\~ . $ L\~ -3@!8tl Attorney Signature: ~-- - ~ Renunciation(s) .......... $ Attorney Name: ,- Stephen E. Patterson Will $ 15.00 JCP/Automation $ 15.00 $ $ $ $ $ $ $ TOTAL .. . . . . . . . . . . . . $ Supreme Court I.D. No.: 16798 Address: 239 East Main Street Telephone: 717-762-3170 o 1 726f-i6&l , " :t:~ ;"0 iTO i ~'_::: r=,=; "~::,D (j) 7'. 'C)n i I i-1 )C '-:q --. ............ = = -....I Waynesboro, PA <;,'? f'"i'1 U I Ul );;0 :::r: .-.~ ~ '-\~V 1...0 .- U1 Form RW-02 rev. fO,13.06 Page 2 of2 -1105,805 REV (01107) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. P 13745462 Fee for this certificate, $6.00 ~. ~~~'~~Auci 2 9/2007 Local Registrar Date Issued ~ STATE FILE NUMBER ~\ () l 08 l 3.___ , 4. Do1eolOollll(lloolll.d1ly,1M'1 198 -{O -'C!k70AlJ9L>sf,.t.(o-tf1 2007 8L~oto..tt\(Ctw:::k one _ 0In0r: rolnpslienl OER/OuIpationI OOOA ONu.mgHome OA_ OOttw.Spodfy' 9,__at_0rigln'}(]No OY.. '0._'__.__."'. ("l".spocOy~. j~ _,PIlortoAic8n,otc.) Whlte Certification Number () <;:;0 c' ',. :::0 .J-o ;~~ ~'};~ c.~o )~-'rJ )~ " :::0 _' --i .....; j> H105-143 AEVl1tz006 TYPE/P!llNT1N PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples C)R reverse) 7.llirll'4>Ioco GftYand-., .... -:,. ..... Bl y~ Lancaster t. 80. Counly at 00aIh Franklin Waynesboro 11._.UsuoI _at ife.Ilo........ ""'at_ Kiltllt_/1ndusny Director Phy Ed Co.LLege ",_'~_I"""'dlyf_,_,Z\>_1 82 Magaw Ave. . Carlisle, PA 17015 17c)(]Ye8,_UYodil S 17d.0 No, ___ l<IuaIlm*aI ~ " 12. Was Oeceden\ tNer r. the u.s. Armed Forces? 0Ye8 ~ =~ 11a.Sfate rennsylvAnin 1~. Ccu1Iy Cumber land ~ ~ Part U: EnIlIr Olher...... anItmiI---.....1o dMIh buI.........ngillho~....."""ilf'1lrtl. 19._._(~_.__} Ruth D er 2Ob.~MsIlng_(Slr8eI,dly/_._,Z\>_) 9015 Goods Darn Rd. Wa 2" """"atllilpoolllonl....at_._.,_.....1 Hollinger Crematory ~ <=> = ...... (/) m -0 I (J1 > ::K Cl , , ~}J \.0 +" U1 T I Mi nrll",t-nn "'" GftY/Bonl nesboro PA 17268 2'd.""",,"(Clly/_._Z\>COllI) Mt. HollySprings,PA ~ 22o.Nsme ",,_at F_ Hollin erFH&Cr 23b.l.Icsnso_ RN57 5Li 2.1 011589L ~/l'1:,":" at",,~_,_""""'"lhoilmo,"',"and""'_.I~""lIIel - J~lVO-W" ,RN 24._atDMlh 25. 0018 P-Df"d(Monll1.doy,,,",, n 5'.03 ad) M. A'-'0l.l<:st Z(!)-1Yl 200 CAUSE Of' DEA1lI (Boo ......-. ond......-l ....27....,,' EnIorlho-.m.--__.,~-...dIldy_II1o_00NOT----..--, ...,o.oxy.......,___--.vlholllology.L1otoniy........."'_.... ~~=~ ~..._.I"", =ud:'~~L =-~~~~ I~- I Oneet to Death I I .. CARD i It c ~T Res f I ~vvg..y ~lJ)k DueIO(o...u~ot): "',', ',' I b. prt.,J 0 1 I C. EN cE P t+It-LJ)P /tXf1ty : Dtie 10 (or as a consequence 01): ' : I , . I I c. Due to (or asa consequence of): d. 329-l.<>oIIilI1atlnjlyl-.dlijl_,_1 3OlLw.an~ - 3Ob. __ Flndngo A__~~ of CauIe of Dealh1 31. 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SMITH, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) To those of my children (my daughter JANET RAE EBERSOLE, my daughter ,.....~ DIANNE KAY MCCULLOUGH and my son JAMES WARREN SMITH) w~~vive ~ me and to the issue who survive me of those of my children who shall not survive. i@, ~ C/) ..;- 0 ,." stlr:pes. ',:;: 1-- u '-.7(" I -7F2:J CJ1 (b) If no issue of mine survives me, my residuary estate shall be paid and distfi~@ to the May town Reformed United Church of Christ, on May town, Pennsylvania. ;'~ - I"~ ~ ":'0 " --) \.0 THIRD: If any property of my estate vests in absolute ownersHip in a mffior OJ: incompetent, my Executor, at any time and without court authorization, may: distribute the wholtUlr any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article FIFTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. ) FOURTH: I appoint my daughter DIANNE KAY MCCULLOUGH to be my Executor. If my daughter DIANNE KAY MCCULLOUGH shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my son JAMES WARREN SMITH as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. filM~/ ~ .J/1" ;d. FIFTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. SIXTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. This document was prepared under the authority of 10 U.S.c. ~ 1044 and implementing military regulations and instructions, by Captain Joseph Krill, United States Army, who is licensed to practice law in the State of Pennsylvania. IN WITNESS WHEREOF, L FRANCES_fJ..-SMITH'r name and publish and declare this instrument as my last will and testament this K4.ay of , 2006. -1 /~ ' . .~C'~a/..J, ~ FRANCES S. SMITH The foregoing instrument was signed, published and declared by FRANCES S. SMITH, the above-named Testatrix, to be her last will and testament in our presence, all being present at the same time, and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~c~ ft~ R,~ having an address at 79 ~~~I Cj /7CJrj'- having an address at ~ p" \/OI?J -( 2 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. We, the Testatrix and the witnesses, whose names are signed to the attached or foregoing instrument, being fIrst duly sworn, do hereby declare to the undersigned authority that the Testatrix, FRANCES S. SMITH, signed and executed said instrument as her last will and testament in the presence and hearing of the witnesses, and that she had signed willingly, and that she executed it as her free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testatrix, in the presence and hearing of the Testatrix and each other, signed the will as witness, and that to the best of his or her knowledge the Testatrix was at the time at least eighteen years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. -fi~ A J/11~' FRANCES S. SMITH &Xa ~- pnnt: tJfA 1</- d;e-r; Witness ~~.~ print: \,.p\lu-. l-. \oDM.\.6 Witness Subscribed, sworn to and acknowledged before me by the said FRANCES S. ~ITH, Ter and subscribed and sworn to before me by the abe ve-named witnesses, this j1L."""day of ,2006. 4~ ~, I N ary Pu lic My commission expires on ~ /f .;L po! COMMONWEALTH OF PENNSYLVANIA Notarial Seal Betty S. KislIef. Notary Public Carlisle Boro, Cumberiand County My Commission Expires May 14. 2009 Member, Pennsylvania AssoGiation of Notaries