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HomeMy WebLinkAbout12-13-07 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Rhuevebelle D. Smialek No. ~ \ () '\ ,\ d-I also known as Rhueyebelle J. Smialek To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 162-22-3659 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 years of age or older and the execut rices named in the last will of the above decedent, dated June 25. 1999 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Carlisle. Cumberland County, Pennsylvania, with h er last family or principal residence at 700 Walnut Bottom Road. Carlisle. Pennsvlvania (list street, number and municipality) Decedent, then 84 years of age, died 11/25/2007 at Forest Park Health Center. 700 Walnut Bottom Road. Carlisle. Pennsvlvania Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 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 situated as follows: $ $ $ $ 220.000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentarv thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) 935 Willcliff Drive Mechanicsbura PA 17055 771 Old Silver Spring Road Mechanicsbura PA 17055 56 Windsor Way Camo Hill PA 17011 ~ ~ <1) u c: <1) "" "Vi ---. <1) en 0::1::' <1) ""c: c: 0 cd ".,;:: .- .- ~: ti <1)0-. '-4-- .g 0 c: OJ) Vi 1"--' c:::> '-"' -' CJ ~; ( ) Co <~o ~ 2; i.:::~~~ ,.) .,' ......~..... OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } ss COUNTY OF Cumberland ", '"7' : i.~'2 -1, --':':n '~l 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 ofpetitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. {@~~ ~ ~~l Sworn to or affirmed and subscribed efo e me this \.3 d~ of w :;n. :x: 6 w w No. ~\ 0\ \\'d--l Estate of Rhuevebelle D. Smialek , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~ ~ l~ ~OQ, ' in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 6/25/1999 described therein be admitted to probate and filed of record as the last will of Rhuevebelle D. Smialek and Letters T estamentarv are hereby granted to Susan S. Bray, Renee M. Smialek, Linda M. SweQer FEES Probate, Letters, Etc.. ~4~t? $ Short Certificates (;;).. } . . . . . . $ RWdm,,;al;ml.v:?\.\\ . . . . . . . . $ ~C \J~~\' $ TOTAL _ $ Filed. . . . . . . . 3\OO~ "i$"" \ "':SoD 1 S'C> .3'-\:80<'> ~ua~ Register of Wills Amy M. Moya ~;~~(i ;///);/1 91402 TII//I j(L ATTdR1'ffi'Y (Sup. cf.i.D. No.) 4811 Jonestown Road, Suite 226 Harrisbura PA 17109 ADDRESS 717-652-7323 PHONE '- 'j r-'- r" f" __oJ /..~ C3 w w "-> <:::> = --.J Q P', ('J w ;:r;,;. .....:;\110 -"'- (-".,} HlOS.80S REV (Oll07) 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 Oliginal certificate will be forwarded to the State Vital Records Office for permanent filing. Fee for this certificate, $6.00 ~/J;~., Local Registrar P 13989763 Certification Number iTEM' /9 .-SHOULD READ AS POLWWS; --~----t1) IJ t S :ro;vl c:5 ~ c=> = -J o r"'" <J ("") C;o '"'~~~ .;~:'-:\~.~ .T /". -.~ ~f12~ C,)C=) _~l s~~' -n .~D --l ~EV 11/2006 PRINT IN IANENT ~K INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) ()"\ "~1 1. Name of Decedent (First. midcne, lasl, suffix) Rhue ebelle D. Smialek 5. Age (Last Birthday) 12. Was Decedent ever in the U.S. Armed Forces? DYes KJNo Decedent's Actual Residence 17a. Stale He. 0 Yes, Decedent lived in 17d. !Xl No, Decedent Uved within Actual Umitsof 6. Dale of Birth (Month, day, year) 84 January 14, 1923 Shermans Dale, PA Yrs. 8b. County 01 Death ad. Facility Name (If not Institution, give street aod Il\.ITlber) NO! Z 7 /1.007 Date Issued w :;pa :JC CS .. w w 13. Decedent's Education (Specify only highest grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 2 14. Marital Status: Married, Never Married, Widowed, Divorced (Specify! Widowed 10. Race: American Indian, Black. While, elc. (SpecifYj... . Whl.te Cumberland Forest Park Health Center 1 t. Decedenrs Usual Occ lion Kind 01 work done duri most of wo~ IHe. Do not slate retired M K"dofWof1< anager NavK;t "5~~'t"~ Did Decedent liveina Township? 16. Decedent's Mailing Address (Street, city /Iown. state. zip code) 700 Walnut Bottom Rd. Carlisle PA 17013 Pa Cumberland Carlisle 17b. County 18. Falt1er's Name (First. middlll. last, suffix) Lewis Jones 19. Mother's Name (First, middle, maiden surname) Olive Baum 2Oa. Informant's Name (Type I Print) Susan Bro' 20b. Informant's Mailing Address (Street, city I town. state, zip code) 931 Willcliff Dr. Mechanicsburg, PA 17050 21c. Place 01 Disposition (Name of cemetery, cremalOfy or other place) 21d. Location (City ftown. stale, zip code) 29 200 Youn s U.M. Church Cemetery 22c.NameandAddressofFadli~ MYers-Harner Funeral Horne 1903 Market St. Hill PA 17011 23a To the best of my ~ ~~.OCCUfTed at the-lime, dale and place staled. (Signa.lure and litl9} .:r-<-l'-V\.\~"<}'.~-~<:Vi-'(D R.W Shermans Dale, PA 23b. License Number Twp. City/Boro R0 t:)'3~:Z9...0 23c. Dale Signed (Month, day. year) \.,6\)., i'\I.\j.u- ~ S" . '2. 00.'1- 26. Was Case Referred to Medical Examiner I Coroner for a Reasoo Other than Cremation Of Donahon? DYes ~No 28. Did Tobacco Use Contribute 10 Death? DYes D Probab~ ~ Un<nown 29. !I Female: ~pregnantwilhinpastyear o Pregnant allime of death o Not pregnant, but pregnant within 42 days of death o Nol pregnant, tJut pregnant 43 days to 1 year before death o Unknown if pregnant within the past year 32c. Plata of Injury: Home, Farm, Street. Factory, Office Bu~ding, etc. (Specify) 24. Time of Death 25. Date Pronounced Dead (Month, day, year) ;l:~'J "M. tjOIl<.""I-l"" 'J."i.'l.CO"4- CAUSE OF DEATH (See Instructions Bnd examples) ltern 27. Part I: Enter the an~ - diseases, Injuries, Of complications -thaI directly caused the death. 00 NOT enter temlinal events such as cardiac arrest, respiratory arrest. or ventricular fibrillation without showing the etiology. list only one cause on each line. Items 24-26 must be completed by person who pronounces death Approximate interval Onset 10 Death Part 11: Enter other sianillcant conditions contributino to death, bul not resuUing in the underlying cause given in Part I ~~/I~ fJ~ =~A~~~S~~~l dise~ ~~. Due 10 {or as a consequence 00' Sequentially list conditions, " allY, ~t~~:D'i~I~~~r~g a. ~:~~~~n~~~~+~e b. Doe to (or as a consequence oD: c. Due to (ar as 8 consequence 01)' d. ~ 308. Was an Autopsy Performed? 3Ob. Were Autopsy Findings Available Prior to Completion Of Cause of Dealh? 31. Manner 01 Death E:t"Natural 0 Homicide o Accident 0 Pending Investigation o Suicide 0 Could Not be Determined M Dyes 01f0 o Yes [;;l-Ntr 32d. 1ime 01 Injury 329. Location of Injury (Street, city { to'Nn, stateY 333. Certifier (check only one) Certifying phvsiclan (PhySician certifying cause 01 death when anolher physician has pronounced death and completed Item 23) .... Tathe best 01 my knowledge, deethoccurred due to thecause(s) and mallneras stated.. _ _ _ _;.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ,.... ~~==~a~~ :::~:~~a~u~:: :hll~~::,n;n~e~!:~~~~rt~':~ol~::~~~)a~~ manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~:I~:~sm~;,:~~;~= and' or investigation, in my opinion, death occurred at the time, date, and piece, and due to the cause(s) and manner as stated.. 0 ;>//0/ 33d. Dale Signed (Month, day, year) / /- cS "nJ?-V if; J i!i t"r ~ /V "/d .' 34, Name and Address of Pers!?n jVho CompleteqCause of Q~a!h (Item 27) Type! Print /0" J' . /7" /6/Y j r A/CWy/U/f //1 .))2.."1'} 35_ Registrar's Signal ~ 101'1 /Ioo? I / r 36. Dale Filed (Month, day, year) I h/"{ 7 /<=P&Pcr ? 0070591 Disposition Permit No. LAST WILL AND TEST AMENT 8 ,.....~~ "-~"lI ;;.:; __...J c~ ~' -\"1 C", OF (..) RHUEYEBELLE D. SMIALEK 2~ ::-0 .--j L..J (..) I, RHUEYEBELLE D. SMIALEK, now of Mechanicsburg, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and hereby revoke all prior Wills and Codicils made by me. ITEM I. I direct that all of my just debts and funeral expenses, including the cost of my gravemarker, if any, shall be paid for from my residuary estate as soon as practical after my decease as an administrative expense of my estate. ITEM II. I give and devise all of my estate of every nature and wherever situate, in equal shares, unto my daughters, SUSAN S. BROY, LINDA M. SWEGER and RENEE M. SMIALEK, or their issue, per stirpes. Should any of my daughters predecease me and die without issue, such daughter's share shall be paid to my surviving daughter(s), or their issue, per stirpes. ITEM III. Should issue of a child of mine inherit a portion of my estate, I give and devise the share of such issue to E. RONALD IDXON, Hummelstown, Pennsylvania (hereinafter referred to as "Trustee"), who shall hold the same, together with any other assets that may be added to this trust (all of such assets hereinafter called the "principal") for such beneficiary. A. Trustee shall invest and reinvest the principal or corpus of such Trust and shall pay or apply so much of the income and so much ofthe principal as Trustee, in Trustee's sole discretion, ~dYyj~ ueyebelle D. Smialek deems necessary to support such beneficiary in his or her accustomed manner of living, to meet such beneficiary's medical, dental, hospital and nursing expenses or any expenses of invalidism and to meet the expenses of such beneficiary's education including, but not limited to, preparatory, collegiate, graduate or professional education provided such beneficiary maintains the required scholastic standards of the institution or institutions attended. B. When a trust has been in existence for ten (10) years, such trust shall terminate and Trustee shall distribute the then remaining principal and any undistributed income of the trust held for the benefit of such beneficiary absolutely to him or her at that time. C. In the event that a beneficiary shall have died during the term of the trust herein established, the remaining principal and any undistributed income of such trust shall be paid over to such persons or organizations, including such beneficiary's estate, as beneficiary may appoint by Will and, in the absence thereof, such beneficiary's heirs at law. D. E. Ronald Hixon may resign as Trustee and appoint his successor by dwy executed instrument. Showd he fail to qualify or cease to act as such Trustee and not appoint a Successor Trustee, I appoint FULTON BANK, Harrisburg, Pennsylvania, as such Successor Trustee. ITEM IV. I appoint my daughters, SUSAN S. BRaY, LINDA M. SWEGER and RENEE SMIALEK, or the survivor(s) of them, Co-Executrices of this my Last Will and Testament. No bond shall be required by my personal representative(s) in any jurisdiction. ITEM V. In addition to the powers given by law to my personal representative(s) and trustee( s) [hereinafter fiduciaries] in the administration of my estate and of any trust( s) created herein, ~dY~ Rhueyebelle D. Smialek 2 they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court order until actual distribution. A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common trust funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any, or any affiliate of it. B. To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. C. To manage, operate, repair, improve, mortgage or lease for any term [even if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. D. To hold investments in the name ofanominee and exercise and dispose of warrants. E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash ~~~~a~ Rhueyebell D. Smialek 3 or kind or partly in each at valuations fixed by the fiduciaries. H. To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage or pledge as security or to hold its own stock if a corporate trustee. I. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. J. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to make establishment or continuance of the trust inadvisable, my trustee(s) may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shall cease. K. In general, to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust(s) created herein. L. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. ~~d~ ueyebelle D. Smialek 4 M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any fiduciaries. K IN WITNESS WHEREOF, I hav~ hereunto set my hand and seal thi~ 5'day of Uut0e ,1999. fi?L~.4:;f~~ Rhueyebelle D. Smialek The preceding instrument, consisting of this and five other typewritten pages, identified by the signature of the testatrix, as on the day and date thereof signed, published and declared by Rhueyebelle D. Smialek, the testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her prese:c~ an "t ~~e of each other, subscribed our names as witnesses hereto. ( (1(/ ;J {NN. 3"'-~ilM,,,<;J()/(1 { - -;D,J) l-\- X; '13..,- t...v.'lId,;',cP ""f:x) l"1€"c L_.4~'p: 5 ACKNOWLEDGMENT COMMONWEAL TH OF PENNSYL VANIA: : SS. COUNTY OF DAUPHIN I, RHUEYEBELLE D. SMIALEK, testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last Will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~kljy~.~ Rhueyebelle D. Smialek Sworn or affirmedMd acknowledged before me, by Rhueyebelle D. Smialek, testatrix, this l5 fn day of ~u f0l..- , 1999. ~-/JkC-i Not ry Pubhc My Commission Exp res: NOTARiAl SEAl- ..1 HOllY S. KIRK. Notary Public Harrisburg, Dauphin CtllJllly AFFIDAVIT My Commi'<l.IIE",ir.. F,.. ~~. 2003 COMMONWEAL TH OF PENNSYL VANIA: : SS. COUNTY OF DAUPHIN We, Q/ chard L. PIa 'Ild J)ih1d witnesses whose names are signed to the attach or foregoing instrument, being uly qualified according to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the Will as witnesses; and that to the best of our knowle e the tat' was at that time 18 or more years of age, of sound mind and under no con~.!!:~j or ndu m uenc ',/- DO~.~ Sworn to and subscribed before me this 2-51>, day of g !ol ~ , the ,1999. My Commission E