HomeMy WebLinkAbout09-15-08PETITION FOR PROBATE AND I
REGISTER OF WILLS OF Cumberland
Estate of Betty M. Smith
also known as
Deceased
GRANT OF LETTERS
_ COUNTY, PENNSYLVANIA
File Number ~ ~ ~ DO ~ ~~~
Social Security Number ~~Z ~ ~ ~ - ~~ ~ 7
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 Testamentary and aver that Petitioner(s) is / re the co-executors named in the
last Will of the Decedent dated August 29, 2002 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, c
Except as follows, Decedent did not marry, was not divorced, and did not have a child 1
for probate, was not the victim of a killing and was never adjudicated an incapacitated 1
B. Grant of Letters of Administration
(/fapplicabte, enter.• c.t.a.; d.b.n.c.t.a.; i
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and
Administration, c. t. a. or d b.n.c.t.a., enter date of Will in Section A above and complete
me life; durante absentia; dura~ nJf~oritate) ~-% `~ . "'>
•...:a
survived by the following spouse (if any) aimheirs: (If
of heirs.)
Name Relationshi Residence
Raymond L. Smith, Jr son 4570 Enola Road Newville, Pa 17241
Patricia Ann Belden daughter 941 Greenspring Road Newville, PA 17241
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylv
4570 Enola Road Newville PA 17241 U ~ £iC. F {oc[-D "I ~"
is with his /her last principal residence at
(List street address, townicih~. township, county, state, zip code)
Decedent, then ~ years of age, died on ~ ~ 3 2008 at
Cy' R~F/~ a~~ ~/, ~(,qd
~ 5 ,Cd ~ ~
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal prop
(If not domiciled in PA) Personal property
(If not domiciled in PA) Personal property
Value of real estate in Pennsylvania
situated as follows:
rty $ y.3~,~ q~
'n Pennsylvania $ p
'n County $ p
$ O
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presente
the undersigned: with this Petition and the grant of Letters in the appropriate form to
Si oat re T or rioted name and residence
Raymond L. Smith, Jr. 4570 Enola oad Newville, PA 17241
Patricia Ann Belden 941 Greenspri g Newville, PA 17241
of executor, etc.) - "'
`~ ~ "Q
or adopted after execution of i~Rumetttfsj
n: None ' :- ~,rl ~ CJ''f
Form RW-O2 rev. /0.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS I
COUNTY OF Cumberland ~i
The Petitioner(s) above-named swear(s) or affirm(s) that the statements i the foregoing Petition are true and convect to the best of
the knowledge and belief of Petitioner(s) and that, as personal representativeO ofthe Decedent, Petitioner(s) will well and truly
administer the estate according to law. n ~
Sworn t~ or affirmed and subscribed t
gnat of Persona epres Motive
befo e me the ~ day, of
n ~ , S~ Signature of Personal Repres ntative
N
C'7 0
ca
i-i
._ ~ ~ ~ `
For the Register Signature of Personal Repres ntative - ~D Cn t r ~ 7
- ~ ~ '17 r ~ -Cl
File Number: '~ ,`~O-n ~ _x'r
Estate of Betty M. Smith ~ ,_,_ ~ '_
Dece'~sed ` . ,
p,, v
Social Security Number: ~g 2 ' ~~ -~//cl 7 Dat of Death: /''`~ ,~ ~ 200
AND NOW, ~ ~ ~ ~~~~~-, in con ideration of the foregoing Petition, satisfactory proof
having been presented before me, 1 [S DECREED that Letters Testament
are hereby granted to Raymond L. Smith, Jr. and Patricia Ann Belden
in the above estate
and that the instrument(s) dated August 29, 2002
described in the Petition be admitted to probate and filed of record a the last ill (and Codicil(s)) of Decedent.
~'
FEES
Register of Wills
Letters ............... $
Short Certificate(s) ........ $ Attorney Signatu e: /"< <
Renunciation(s) .......... $
•I ~ ( $ Attorney Name: Jacqueline M. Verney, Esquire
- • • • $ Supreme Court I. . No.: 23167
.$ `
Address: 44 S. Hanover St
... $
• • • $ Carlisle, PA 17013
... $
... $
" ' $ Telephone: 717-243-9190
... $
TOTAL .............. $
Forn Rw oz rev. 10.13.06 Page 2 of 2
H 105.905 R°~ (i 0l? ~ 1 ~~~?'~ /.i tX/
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy'by photostat or photograph.
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
,*
431584 ~-°~~
a 9Ar. __
No.
ItOS1/3 REV 11k006
TYPE/PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF
CERTIFICATE OF DEATH
(See instructions and examples on re
1. Name d Decedad (Pest, middle. last, sdfix)
Betty M
Smith 2. Sea 3. Saul
'
. emote 182 -46 -4917 ~
+ ~ Z.~
S. Age (Last BidMay) llnda 1 year Under 1 day 6. Dated &M (Math, da ,Year) 7. Birdglace (City and slate a fardgn couary) Ba. Place d Death (Check ony one)
8 3 "'°'~ °°~ '~ "'""• 3 / 2 0 / 19 2 5
Newville PA Fbapild: Other:
Yrs. ^ ^ER/oapatient ^DDA
Nursing Home ^ Residence ^DCbr - Spedy:
' 9C. Coaty d Death &. City, Boo, Two. d DeaM
b
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d W Bd Paoxy Name (C nd ihtilulia, give street and nuMer)
' 9. Was Decedent d Hispaac Odgn? ^ Ves
c 10. ITace: Americen Indan, Bbdt WNb, ek.
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( Mexican, Pvam Rican, d~.) Whit e
11. Decedeas llsual Kiwi d work date most of fib. Do not stela retir 12. Was Decedent ever in the 13. Decedents Educetia IAN only me Mahal SraN
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or Kind of 8uskwss I Indushy .
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aces Elementary / Secordary (o-)2) (1d a 6.l W'd0~~ Divaced ISpeciryl
Homemaker ^Yea ~40 12 Widowed
• 16. Decedents Ma9ing Address (Street dM I town, stale, rip code) Decedents pd Decedea
4570 Enola Road AdualAesidaice 17a.State Liveina 17c~Yee,DaedaCLNedin Upper Frankford T,ro.
Newt i l l e , P A 17 2 41 1Tb.
coumY Cumberland Ta«~nR? 1?d. ^ No, Decease Lr.ee wRNn
A~L~d CJIyyBaa
18. Facets Name (Pest midde, Wst sufiu)
Parker E. Kammerer 19. Mawr's Name (Rst mddai sumarw
a~rrie lice Negley
20a. InbmiaM'a Name (typal Pdnq Patricia A. Belden ~
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17241
• 21a. MethoddDBpositia ^Cremation ^Donalron
Burid ^ Removal from State !
21D. Dak/lfpratipy(~Ipplh, daY, yea)
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Was Cremetlon a Donalron Audgdted
• ^ Otlia - Spady: ; h Madka Examkwe f CaanerT ^ Yes ^ No
22a. Sigrid Fureral (a person as such)
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FD 13895 L ~~ea~+{~t;~ r a 1 Home Inc 15 B i S r i n Ave
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' 23b. License Numbs
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` 26. Was Case Refined b Medval Ezam'vier t Corona to a Reason Otha drop Cremation a Daiaia?
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CAUSE OF DEATH (Sea irntruedons end examples) i Approaineb
IKm 2T. Pad I: Enbr tlh -cheeses, kpzies, a caryfwtiaa-tlg d'eedy weed the death. DD NOT acer teaind evens such as cadet arsst Pad II: Eax oCar . 26. qd Tahaao Use CaCilbub ro Deah?
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Due to (a as a cernce oQ:
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30a. Was an Autpsy 30b. Were Autopsy Findrigs 31. Mara d Dean 32a. Dab d MaM,
Performed? Ava9ahb Pda b Carpletia ~ ( ~g Yeerl ?2h. Describe flow Iry'ury 32c. Place of trMal' Home, Famt, Street, Fadorg
d Cane d Deatll? ~Naroral ^ Homidde Office &ddng, ero. (SpedryJ
^ Yes [7f No
^ Yes ^ No ^ Acddaa ^ Peakng tnvesti9atbn 32d. Tune d trMay 32e. Injury at Work? 321. K T I '
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32q Location d Injury ISred, dty
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^ Suicide ^ Could Nd be Detenniwd ^ Yes ^ No ^ Ddva I rata ^ Passage ^Pedestrim
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33a. Cerdia (dedt way one) 33b.
' CedlNkq phyakirt (Physician ceNy'rg pose d death when mz4her physkian has prenanced death aM canpleted Rem 23)
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34. and Address d Pasa Wno Canpbbd Cause d Death (Re m 27) Type I Prfnl
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State Registrar
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• VITAL RECORDS ~ -'~
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STATE FILE NUMBER
7CI
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eadry Numbs 4. Date of b, day, yaw) .,, ' _.
S
17
~tt~t zll Arta
OF
BETTY M.
I, BETTY M. SMITH, of 4570 Enola Road, N
Pennsylvania, being of sound and disposing mind,
make, publish and declare this as and for my Last Will
making void any and all former Wills, Codicils, or writi
time heretofore made.
FIRST: I hereby direct my Personal Representative to
administrative expenses out of my estate, as soon as
021 _ C~ '~q3~-
Cumberland County,
and understanding, do hereby
Testament, hereby revoking and
in the nature thereof, by me at any,,,,,,
n ~h
~~, ~
__ cry
-_
~
~ ~
; ,
j
r all my just debts, funerar~ T'
j N
~''
;able after my death ~
.
SECOND: I direct that all taxes which may be assessed ir~ consequence of my death, of
whatever nature and by whatever jurisdiction imposed,
of the administration of my estate.
THIRD: I hereby give, devise and bequeath to my
my entire estate, of whatever nature, provided he survive
my husband dies before the sixtieth (60~') day following 1
lapse or be divested. Upon that occurrence, then I devise
Ll be paid out of my estate as a part
I husband, Raymond L. Smith, Sr.,
by sixty (60) days. In the event
day of my death this gift shall
such property to my children,
Raymond L. Smith, Jr. and Patricia Ann Belden, per
FOURTH: I nominate and appoint my husband, Raymo
my Last Will and Testament. In the event my husband is
serve in said capacity, then I nominate, constitute and
L. Smith, Sr., as Executor of this
unable or unwilling to
my children, Raymond L.
Smith, Jr. and Patricia Ann Belden as Co-executors. I direct that my personal
representative(s) shall not be required to give bond or
duties in any jurisdiction.
for the performance of their
FIFTH: In addition to the powers conferred by case law, Eby statute and by other provisions of
this Last Will and Testament, my personal representative, ~nd any successors in that capacity
shall have the following discretionary powers applicable t~ all real estate and personal property
held by them, which powers shall be effective without Order of any Court and which shall exist
and continue until the time of actual distribution:
A. To retain any property of any nature received bb~ them for whatever period it shall
be deemed advisable;
B. To invest and reinvest all or any part of the assts of my Estate without regard to
statutes limiting the property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispos of, any part of the assets of my
Estate, for cash or on terms, publicly or private y, or to lease, without liability on the
purchasers to see to the application of the proc eds, and to give options for these
purchases without the obligation to repudiate em in favor of a higher offer;
D. To execute and deliver any deeds, leases, assigients or other instruments as may
be necessary to carry out the provisions of this ill;
E. To borrow money, if necessary to facilitate the dministration and closing of my
Estate, including the right to borrow money fro any bank, and to mortgage or
pledge any asset of the estate as security;
F. To loan to, and to purchase assets from, my Estate, even if also acting as Executor
thereof;
G. To assume continuance of the status of any be
marriage, divorce, illness, incapacity and simi
of information deemed reliable without liabili
assumption;
;ficiary with regard to death,
incidents or matters in the absence
for disbursements made on such
H. To make any distribution hereunder either in k' d or in money, or partially in kind
or partially in money, considering of course th reasonable wishes of the
beneficiary. Distribution in kind shall be made at the appraised value of the
property distributed, as it is set forth in the Inh ritance Tax Return filed in my
Estate;
To exercise any subscription right in connectio with any security held hereunder,
to consent to or participate in any recapitalizati n, reorganization, consolidation or
merger of any corporation, company or associa ion, the securities of which may be
held hereunder; and to delegate authority with espect thereto, to deposit
investments under agreements, to pay assessm nts, and generally to exercise all
rights of investors;
J. To continue in any partnership, joint venture, j mt ownership or other business
enterprise of which I am a part at the time of m death;
K. To compromise claims;
L. To continue for whatever period of time my pe sonal representative shall deem
necessary any ownership as a tenant in commo or as a partner, in real estate or
other property and to act as I would have done ad I been living;
M. To do all other acts in their judgment necessar or desirable for the proper
management, investment and distribution of th assets of my Estate;
N. I direct that my personal representative shall be~compensated for the services they
render as Trustee and Executor under this my ast Will and Testament;
O. Should any changes occur in the Internal Reve ue Code or Pennsylvania statutes
after the date of the execution of this Will whic affect the tax liability of my estate,
then to the extent possible and as may be permi ed by law, my personal
representative shall have the power and discreti n to interpret this Will and to
administer my Estate in a manner which results in the lowest tax liability possible;
P. Should the principal of any Trust herein provid
TRUSTEE'S discretion, so as to make establisl
inadvisable, my TRUSTEE or my Executor ma
then remaining principal and any accumulated
the person or persons and in proportions they a
termination, the rights of all persons who migh
succeeding income beneficiary or in remainder
d for be or become too small, in the
Went or continuance of the Trust
make immediate distribution of the
r undistributed income outright to
entitled to income. Upon such
otherwise have an interest as
;hall cease.
1
SIXTH: To the greatest extent permitted by law, before acltual payment to a beneficiary or to
',
his of her account, no interest in income or principal shall l~e assignable by a beneficiary or
j available to anyone having a claim against a beneficiary. II
IN WITNESS WHEREOF, I hereunto set my hand and sal this ~4 ~- day of
~~ , 2002.
BET'S'Y M. SMITH
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
. ~.~.~
~ ~ ~ l
ACKNOWLEDGEMENT
I, BETTY M. SMITH, the Testatrix whose n e is signed to the attached or
foregoing instrument, having been duly qualified acco ding to the law, do hereby
acknowledge that I signed and executed the instrumen as my Last Will and Testament;
that I signed it willingly, and that I signed it as my fre and voluntary act for the purposes
therein expressed.
BETTYf M.~SMITH
Sworn orirmed and acknowledged before me by B TTY M. SMITH, the Testatrix,
this~_ ay of , 2002.
N .ary Public ~~ NOTARIAL. SEA'-'
K. SHAULIS, Notary Public
Carlisle Boro, Cumberland County
MY Com fission Expires Dec. ~, ~
AFFIDAVIT
We, Betty M. Smith, ~,4G4u ~ ~c iv E /~ • ~f~~icF,y' 2v
(~.(,~nl~rS
f~'f~ ~ ~7SE'lC ` ,the Testatrix and the witne ses, respectively, whose names are
signed to the attached or foregoing instrument, being fist duly sworn, do hereby declare
to the undersigned authority that the Testatrix signed
Last Will and Testament and that she had signed Willi
free and voluntary act for the purposes therein
in the presence and hearing of the Testatrix signed the
witness and that to the best of their knowledge the T
years of age or older, of sound mind and under no
n ~r,
TESTATRIX, ,~ ~ . ~~esiding at
WITNESS,/ ~ • esiding at
~ti-~e~,~
WITNESS t/
/ - ,residing at
WITNESS, ~- ~ residin at
g
or undue influence.
vl~ . YJ~i (/~ /7Uc~ ~
Subscribed, sworn to and acknowledged before me by Betty M. Smith, Testatrix,
and subscribed and sworn to before me bytilA~4 u sl ~ f ~. (~~, ,
~ ~v u. C~+,~e ~ S ---- ,and
witnesses, this ~-/ ~ day of
NOTARIAL SEAL
KATHLEEN K. SNAULIS, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Dec. 22, 2003
executed the instrument as her
and that she executed it as her
and that each of the witnesses,
Will and Testament as
was at that time eighteen (18)
2002.
the