HomeMy WebLinkAbout12-17-08PETITION FOR PROBATE AND GRANT OF LETT RS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENN YLVANIA
Estate of Dorothy S. Smith File Number 21--
also kno
D - ~a,SB
wn as
orothv Suereth Smith
,Deceased Social Security Number 199-07-1208
Dale W
Grove
.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE'A' or'8' BELOW.')
~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the
last Will of the Decedent, dated 09/01/1999 and cedicil(s) dated
See Renunciation dated 12/2/2008 from Keith Grove.
State relevant urcumsfanres, e.g., renunuaflon, tleath o/executor, eft.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the i strument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
app wa e, en ec c..a.; ..n.c..a.; pe en a e; uran e a sen re; uran a moron a e
Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (i
any) and heirs: (If
Administrahon, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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Name Relationship Residence C p i
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(COMPLETE IN ALL CASES.) Attach additional sheets i/necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resident at
484 Lucinda Lane, Monroe Township, Cumberland County, PA
(List street adtlress, towNciry township, county, state, zip code)
Decedent, then $g years of age, died on 11/09/2008 at Harrisbur Hospital, Harrisbur ,Dauphin County PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ Over 10,000.00
(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:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in th
the untlersigned: appropriate form to
Signature Typed or printed name and resident
~~ ~
~~ Dale W. Grove 71 Majestic Lan
Reading
PA 19
08
~ie
~i ,
Form Rev. f0-13-2006 CopYh9ht (d 2006 form soflwera only Tha Lackner Group, Inc. Pe a 1 of 2
9
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland } SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to t
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and h
administer the estate according to law.
Sworn to or affirmed and subscribed
before me this ~ day of
~~\ -,
For the Regi to
21-- 8 ia5a
File Number:
Estate of Dorothy S. Smith ,Deceased
Social Security Number: 199-07-1208
AND NOW,~gCPM~P,7~ 11
having been presented before me, IT IS DECREED that Letters
are hereby granted to
and that the instrument(s) dated 09/01/1999
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES /
Letters ............................................ $ l.(~Q.~
Short Certificate(s) ........................ $ O! 7' 00
Renunciation(s) ............................. $ pj. ~
`d,~$ 15.a~
$ /U, 00
$
$
$
$
$
$
TOTAL .................................... $ ~ ~ /. ~
Form Rft~ r)2 Rev. 10-13-2006
~ Pee Ibr this certificate. t,C6.0(1
_ Date of Death: 11/0912008
~~a , in consideration of the foregoing
CopyngM (c) 2006 form soMxara only Tha Lackner Group, Inc.
WARNING: It is illegal to duplicate this copy by photostat or
P 14962372
----
Certification Number
in the above estate
Pege 2 of 2
"Phis is h> certify tk al the information here given is
correctly copied Gor i an original Certificate of Death
duh~ Fled with me ~is Local Registrar The original
certificate will be forwarded to the Slate Vital
Ftecurds (}tPice for ernanent filing.
Local Negistra(~Irt~~Q~/ Date Issued
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satisfactory proof
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Dale W. Grove
Leisawitz Heller Abramo itch Phillips,
Address: 2755 Century Boulevard
PA 19610
Telephone: 610372-3500
OCAL REGISTRAR'S CERTIFICATION OF DE
WARNING: It is illegal to duplicate this copy by photostat or photogra
Per lirr Ihiv ccrli(iculc, tifi9O
P 14962372
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
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OF
DOROTHY 8. SMITH
I, DOROTHY S. SMITH, of the County of Y<
Commonwealth of Pennsylvania, being of sound and disposing
memory, mindful of the uncertainty of life, make, pub
declare this my Last Will and Testament, revoking hereby
all former Wills made by me at any time heretofore.
I.
I order and direct my hereinafter named Execu
all my just debts and funeral expenses as soon as practi
my death.
II.
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rk, and
mind and
ish and
any and
to pay
e after
I give all my tangible personal property, not ncluding
any property used in a trade or business or any prop rty held
primarily for investment purposes, together with all my ri hts with
respect to all insurance relating to this property, (i) s may be
provided in a separate memorandum, dated and signed by m making
specific reference to this wiii, or (iij if and to the extent the
property is not effectively disposed of pursuant to the receding
clause, to my husband, ROBERT E. SMITH, of York County,
Pennsylvania, if my husband, ROBERT E. SMITH, survives m or, if
my husband, ROBERT E. SMITH, does not survive me, to my children
and grandchildren who survive me, to be divided among the as they
may agree, or, if and to the extent they cannot agree, b each of
T
l 1
them selecting an item or items of equal value in turn, with the
order of selection to be determined by lot, so that the division
among them will be as nearly equal in value as possible. All costs
of insuring, packaging, shipping, and delivering this property
shall be paid by my executors as a general administratio expense
of my estate.
III.
I direct that all the residue of my estate, ofwhatever
nature and wherever located, including any progerty de
but not effectively disposed of by preceding provisic
will, shall be disposed of as follows:
If my husband, ROBERT E. SMITH, survives me,
residuary estate to my trustees, to be held in trust.
During the life of my husband, ROBERT E.
trustees shall pay or apply the net income of this
quarterly or other convenient intervals but at least annu
for the benefit of my husband, ROBERT E. SMITH. In ads
trustees may at any time or from time to time pay to or
the benefit of my husband such amount or amounts from the
of the trust, as my trustees may in their sole discre
gibed iP.
of this
give my
4ITH, my
:rust at
Lly to or
tion, my
pply for
rincipal
ion deem
necessary, after taking into account other resources of myhusband,
for the health, support and maintenance of my husband, provided
that no amount shall be paid to or applied for the bene it of my
husband from the principal of the trust until the princip 1 of any
trust held under the preceding article has been exhausted.
Upon the death of my husband, ROBERT E. SMITH, my
2
trustees shall distribute all property then belonging to he income
and principal of the trust of my residuary heirs or their urviving
issue in the following shares per stirpes:
A. One-third (1/3) to my son, DALE W. GROVE, of Berks
County, Pennsylvania.
B. One-third (1/3) to my son, KEITH E. GROV of the
Commonwealth of Massachusetts.
C. One-third (1/3) to be divided in three equ 1 shares
among my daughter-in-law, PATRICIA GROVE, of Exeter Towns ip, Rerks
County, Pennsylvania, my grandson, JON A. GROVE, of the
Commonwealth of Virginia, and my granddaughter, DAPHNE A. ARTLETT,
of Pennsylvania;
In the event that JON A. GROVE or DAPHNE A. BA TLETT
shall predecease me, then and in that event the respectiv share of
that predeceased grandchild shall pass to his or her ssue per
stirpes and, failing issue, shall pass to the survivor f JON A.
GROVE and DAPHNE A. BARTLETT. In the event that my daughte -in-law,
PATRICIA GROVE, shall predecease me, then and in that vent her
share shall pass to JON A. GROVE and DAPHNE A. BARTLETT or their
surviving issue in equal shares.
If my husband, ROBERT E. SPIITH, does not sure ve me, I
give my residuary estate to my residuary heirs as stat d in the
immediately preceding paragraph.
If at any time any property belonging to my est to or any
trust under this will is not effectively disposed of pu suant to
the preceding provisions of this will, I direct that the property
3
shall be distributed to those persons who would then be e titled to
inherit from me in accordance with the intestate successi n laws of
Pennsylvania then in .effect as if I had then died intest to owning
the property and domiciled in the Commonwealth of Pennsv vania.
IV.
I direct that all legacies and all shares and i terests
in my estate, whether principal or income, while in the h nds of my
Executors, or Trustees, shall not be subject to at achment,
execution or sequestration, for any debt, contract, obli ation or
liability of any legatee or beneficiary, and shall not b subject
to pledge, assignment, conveyance, or anticipation; and the
personal receipt by such legatee or beneficiary shal be the
sufficient and only discharge of my Executors or Trustee .
v.
In the event that there be any person o persons
participating in the distribution of my estate who is Buff ring any
incompetency or incapacity or minority, I order and dire t hereby
that any income or principal which, under the provision hereof,
may become payable to an incompetent or incapacitated or minor
beneficiary, either legally or physically, shall, du ing such
incompetency or incapacity or minority be held and expen ed by my
Trustees, without necessity of bond and without interven ion of a
guardian, to such extent and in such manner as said Trust es shall
deem best and necessary for the maintenance, education, su port and
welfare of such incompetent or incapacitated or minor ben ficiary.
4
VI.
I hereby authorize and empower my Executors, he einafter
named, in addition to and not in limitation of any author'ty given
them by law, to exercise any or all of the following pow rs:
A. To settle, compromise and adjust any and a 1 claims
in favor of or against my estate.
B. To pay all inheritance, estate, succe Sion and
legacy taxes to which my estate, or the transfer of any roperty
hereunder, may be subject and to charge such taxes as a p rt of the
expenses of administration.
C. To sell all or any part of my real estate, at
private or public sale, for such prices and upon such to ms as to
cash and credit as he may deem best, and to execute deeds of
conveyance thereof, without liability on the part of the p rchasers
to see to the application of the purchase moneys. This po er shall
not be construed to work a conversion of my real estate u less and
until the power is actually exercised.
D. To make distribution in kind.
E. To exercise all powers, authorities, and di cretions
given by this Will after the termination of any trus created
herein until the same is actually distributed.
F. Should the share of a minor or incompeten in the
sole opinion of my Executors or Trustees, as the case may e, be or
become too small to warrant continuing such fund, in rust, or
should its administration be or become impractical for ny other
reason, my Executors may pay such share absolutely to th person
5
maintaining the minor or incompetent or may deposit su
a savings account in the minor's or incompetent's name
the minor or incompetent at majority.
VII.
I nominate, constitute and appoint my husband,
SMITH, and ALLFIRST BANK, to serve as Trustees of any tru
under this will.
Any trustee may resign at any time and witl
approval. Any resignation shall be accomplished by
instrument.
share in
yable to
OBERT E.
created
~ut court
a signed
Any corporate trustee may be removed at any time and
without cause by my husband. Any removal shall be accomp fished by
a signed instrument.
Upon the resignation or removal of any corporate trustee,
a successor corporate trustee shall be appointed by my husband.
The successor trustee may be any qualified financial in titution
that would not be treated as related or subordinate tom husband
for grantor trust income tax purposes. Any appointment shall be
made and accepted by a signed instrument.
My husband shall not have authority to parti ipate in
making any determination as to whether or how any disc etionary
power shall be exercised if the exercise or failure to exe cise the
power or the manner in which the power is exercised may di~ectly or
indirectly benefit my husband. Any determination of th
shall be made solely by my corporate trustee.
No trustee shall be required to give a bond
nature
or other
6
security in any jurisdiction.
VIII
I nominate, constitute and appoint my sons, DALE W. G
KEITH E. GROVE, or the survivor of them, to be Executors c
Last Will and Testament. My Executors shall not be rei
enter bond or furnish sureties in any jurisdiction in
estate may be administered.
ROVE, and
f this my
wired to
which my
IX
I direct that JOHN A. GOLDSTAN, ESQUIRE be con ulted in
the administration and distribution of my estate.
IN WITNESS WHEREOF, i, Dorothy S. Smith, have hereunto
set my hand and seal to this my Last Will and Testam nt, this
S~
day of ~ o~N.~ , A. D. , 1999.
~~-.f.~. ~ ~-r~~G~ (SEAL)
Signed, sealed, published and declared by the abc
Testatrix, Dorothy S. Smith, as and for her Last
Testament, in the presence of us, who, at her request
presence, and in the presence of each other, have subsc
names as witnesses.
named
Gill and
in her
-ibed our
7
,, ,
ACKNOWLEDGMENT AND AFFIDAVIT
State of Pennsylvania
. ss.
County of Berks
On this, the ~_~' day of w''~Q~;-1999, befo a me, the
undersigned officer, personally appeared John A. Goldstan, Esquire,
known to me (or satisfactorily proven) to be a member of he bar of
the highest court of said state and a subscribing witne s to the
within instrument, and certified that he was personall present
when Dorothy S. Smith, whose name is subscribed to t e within
instrument, executed the same and that said person, D rothy S.
Smith, acknowledged that he executed the same for the purposes
therein contained.
In witness whereof, I hereunto set my hand and official seal.
Pa~'JTo-~RfAL S1~AL
VICKI V. f:U!VIS, Norary Public
Reading, BarPS Ccunry, PA
AAy Commisscn Expires 5-10-20(
Estate of Doroth
Register of Wills of Cumberland County, ennsylvania
RENUNCIATION
S. Smith Na ~~' (~ _~~~g
also known as _DOrothy Suereth Smith
.Deceased
The undersigned, Kei h G
f
o
the above Decedent, hereby renounce(s) the right t rRe~au^nzmc~ (~aoac^.p
o administer the estate and res
ectfull
r
p y
equest(s) th t Letters be issued
to Dale W. Grove
Witness hands this
-mY () ~~11 ~
d~ day of
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_ . X~ 2008
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--~ n- jL-' (Signature)
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,<<nr,: 11 Ferncrof Road
t- w~ "-, West Roxbur MA 02132
U
t ~ U Z ry (Address)
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sa, ~ MeganE.Fbran
Notary PubNa
Commonwealth of~Mmsclchtubtls
My ComntAsslon Expkes
May 21,21115
Sworn to or affirmed and subscribed
:~
before me-this / n day
of .1 ~P'C t7`m~ \ . t~~
Notary P lic
My Com fission Expires:
(Signature and seal of Notary or other offcial
qualified to administer oaths. Show date of
ezpiration of Notary's commission.)
~~~~ (j~lN'~ S~gi10,~r-~ 0~(~~~
Form #RW~
Prepared by Berks County Register of Wills Office from
Pennsylvania Bar Association, 1991 Standardized Probate Form RW-4
(Address)
(Signature)
NOTE: Renunciation executed outside of t~ Office of the Register
of Wills in some counties are requ red to be notarizetl.
Notarization is not required in Be s County.
THE LAW FIRM OF
LEISAWITZ H ELLER
Experience Commitment
2755 Century Boulevard, Wyomissing, PA 19610
6103723500 ~ Fax: 610372-8671
www. LeisawitzHeller. com
December 16, 2008
Register of Wills
Cumberland County Courthouse
One Courthouse Squaze
Carlisle, PA 17013
Re: Estate of Dorothy S. Smith
Dear Sir/Madam:
Pam E. Kehl,
E-mail: pkehll
Enclosed please find a Probate Petition and original Will regazding the abo~
enclosed is a Renunciation signed by Keith Grove. Please note that Dale Grove ha
at the Berks County Register of Wills office. Please issue letters testamentary in fa
Grove and also supply me with six (6) short certificates. I am enclosing our firm's
amount of $119.00 covering the probate fee as well as the cost for the short certific
find enclosed the estate information sheet for the Department of Revenue.
Should you require anything additional, please contact me immediately.
Very truly yours,
._~`~ ~~~
Pam E. Kehl, Paralegal
Enclosure
#42803.001
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estate. Also
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