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HomeMy WebLinkAbout03-06-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Barbara P. Smith also known as Deceased 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 /are the co-executors last Will of the Decedent dated September ] 7, 2002 and codicil(s) dated none in they ~": ~ State retevnnl circuntstrrnces, e. f ) ~ ~ t'r"r Q1 ~ - ' ~. t ( g., rerruncin(ion, death n executor, etc. T-, -- ~~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution o,~~Sj~lt~urnert ~ "j offered; - ~-j for probate, was not the victim of a killing and was never adjudicated an incapacitated person: Cj ~ ~ q if- i ^ B. Grant of Letters of Administration ~ C~ (//npplicnGle, cuter: c.tn.; d.G.u.c.t.a.,, peudente tile; rhu~ante abseutin, dru~ante utiuoritaty) 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 Admitrisb•atiotr, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and co»rplete list of heirs.) COUNTY, PENNSYLVANIA File Number ~~~ I '~ © / ~ (~ «--/ Social Security Number 062-22-0807 (COMPLETE IN ALL CASES:) Attach additional streets if necessary. Decedent was d.ismiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 210G Bent Creek Blvd.; Mechanicsbure, Silver Spring Township, Cumberland County, Pennsylvania 17050 (List street address, town/city, township, county, sate, zip code) Decedent, tL-en 81 _ years of age, died on February 28, 2009 at The Bridges at Bent Creek, Silver Spring Township, Cumberland County, Pennsylvania 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: 2 ] 0,000.00 Fam RI1%02 re~~. 10.13.0( Page 1 of 2 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 the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) ar affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners} 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 For e Register (2 C ~ S~bnature ofPersong Srgantru-e q~Perso~! Represenrnlive Signature gJ'Persortu! Representative File Number: Estate of Barbara P. Smith C7 Cp .fin. - ; E ; ~ t~; ', ~ ~ y _, Dect~ - ~ CO c':' :~'> .'z Social Security Number: 062-22-0807 Date of Death: Febntary 28, 2009 ~ CtT ~ 'J•' •` AND NOW, ~~ 1~-Q-l.~ .~ ~/~,~C,~,~. ~~/ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IS DECREED that Letters Testamentary are hereby granted to Karen S. Burgett and Cram P. Smith in the above estate and that the instrument(s) dated September l 7, 200 described in the Petition be admitted to probate and filed of record as the last Wilt (and Codicil(s) I of Decedent. FEES Letters ............... $ Short Certificate(s) ........ $ ~~O• ~Q Renunciation(s) .......... $ I ... $ I -DD ~ ... $ l0'(~~ -~~ ... $ ~ .I~ O ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $s .I- Attorney Signature: of Attorney Name: ~--`' Richard L. PI .-~ '~,, Supreme Court l.D. No.: 7232 Address: 3621 North Front Street Harrisburg, PP, 17l ] 0-1533 Telephone: (717)236-9577 Form RYl'-OZ r•ev. 10.13.06 Page 2 Of 2 __ . LOCAL REGISTRAR'S CERTIFICATION IOF DEATH WARNING: It is illegal to duplicate this copy by photostat ol• photograph. Fee for this certificate, $6.00 P ~.5~5661 Certification Number H10S7/3 REV 1111008 TYPE / PRVR IN PERMANENT &ACK INN i$ This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as 1,ocal Registr.a-. The. original certificate will be forwarded to the State Vital Records Office for permanent filing. L~~a,~.c.~r ~ ~ 2009 Loca] Registrar Date Issued !V Ci -^> ~ ~''d ;~ I f 7 1 ' J ~-' f1"j ~ ` ~=~ !mac--~~.~ ~ p„ ~--, ; _ : - C ~O--n CSC ~ ~ .. ~ T_! ~ D ~? ~ -_ ~=T~i O COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) ~r,r< <„ ~ ,,,,,,awe 1. Name a OendNlt IftirY, miaem, mat awe) z. s.. 3. sodY saa,my Nmnber 4. Date a Death IMwm, mr, rte) Barbara P. Smith female 062 - 22 -0807 February 28, 2009 s. AgB `teY amasyt under 1 umx 1 d e. Dare d eAm IMonm, ap T. exnpres Icy end YY, or wady) ea. Fbce d o•en, (cn.ac one) yrs. Yaee o.ye "-^ "'""" September 19, 192 Rochester, NY "0°0"a` a"°` Yn. ^ hyrtlenl ^ ER! OulpeAem ^ DOA ®NuMrg Hans ^ RaeA1«w ^OmY - Speciy: - ay. County d Deem Bc. Cy. Sao, Twp, d OMh - Cumberland Silver Spring Twp. 8d. FacWry Nu« (N nd Imtlartion, Oh+meY and nmim) 8. W« Decmunl d H' epanb OdpinT No ^r« 1o. Raw:Ammirar, bden. Sock, wMm, eb. The Bridges at Bent Creek (Iry«,apediycaren, Isparyt MYdwn, Puerro Rican, etc) white 11. De«daxs UeW 16rd d work Borer moat d Ye. Da not Bleu 12. Wr DeceMnt aver b Vie 13. Deoeded'e Eduwtlon (Sgedty only higlmY Yred• axrpykd) 14. Medml5rehre: Herded, Never Mard•d 15. Survrvirp BLama (II wlb, give maiden mm~a) IOM d Work KiM d IAnnees / ka«Vy U.S. Ammtl Forcee9 Elementary / Seoadary (0-12) College (1.4 a Sa) Widowed, Dhrorcee (Spedllq homemaker own home ^r« ®NO 4yrs. widowed - 18. Oewtlerd's Meing Aedm«(SheY, dlyl Wm, emu, zq wed) DxeeenlS ~ Silver Spring Pennsylvania 2100 Bent Creek Blvd. Mechanicsburg, 170 ®rea DxaMdlhxe In Twp °a°"1 RBe1de1EB na. slY, PA 17050 T 1Yb. Count' Cumberland ° ,Te.^Na,0«etlenl LNM wndn AduY Ixdm d OA' / Sao 1B. FaVYr'a Name (Fkal nedde, mek adml Earl Vincent Patterson 19. Mother's Nel« (Fleet, mbde, maa« eumeme) Gertrude Preston 20s. IMOrmenYa Nmre (Type / Pdd) Gary Smith 20b. InlamanYe Metlkg Addles (Straa4 d y / mwn. stew. x{~ aMe) 2010 Mountain Pine Dr. Mechanicsburg, PA 17055 21a. MsmM a DupoYtlw I ®Cramslbn ^ Donetlon - 216. DYS of gep«Mb11MwM, dry, y«r) 21c. PWe Y DmpoYAw INeme d axMny, cmrobry a Wxx pm«) 21d. lacatlan (Cy! bwn, emu, dp wtla) ^ ^ ~~' ~ n c~ A "~"~ ( March 3, 2009 Hoffman-Roth Funeral Home and Carlisle, PA o m.r Far errl aral .r+ f~ v«^Na ~ 220 SaMw _ 22b. Ik«w Number 2 2c. Name end Adtlron d FerJry - - 138504 Hoffman-Roth Funeral Home and Crematory Inc. 219 N. Hanover St. Car Conpele Kems z3ac only wM 23e. Ts tlw heY d my bnwledge, d«Ih exams Y the tlme, dYe end pmw emud. (SlPlea« eM AAe) 23b. lkense N~mh•r 23c Dale Sig Ih ar phyYden wool evYebuY dtleemm . , Y, «rry u«e a eeeA - Kama za28 muY be wnpmree W parses ~ wla pnraux«dulR 21. Time d Dnm y al U c 25. Dab PmwaM Dsatl (MaM, Mri Year) « Ca« Relwmtl m Metllwl Examiner! Caarer IIX a Re«w OMer tlmn CmmYion a Damlim? 28. W~ r ~ M. ~G ~. L ~ vv F-~'« ^l'10 , CAU8E OF DEATH (Sae Nsstrueaom sntl examples) a Heat: Kam Y7. Pert I: Fmr tln drb d ewes- da«e«, yQud«, a wngAatlon-tlut Erectly ce«•d me deem. DD N0T eder IermYUl suede such ae ramee emY~ i CmY u D«m Pad N: Eder omer bm rat reeu~ u Ole wMe i Ming ease ghmn In Ped I. 28. Du TaOecw lNa Caddbure u D«N7 ^ Yea ^ Pmbehly r«psaxey amY, a vemdalm AMAalbn wtlad sM,np the etlobgy. L1Y Dory ore rau« w eem A«. MIEpATE CAUS da«« a i ~ No ^ UnNlawrl tE~ ooamddtleown /J ~ s~ ~ renAYg ) (O~ ` ' KFemW: 2g --~ a. .u.C ~wfi~l.f u LL~ ~1!R9 - r . Due m (a «e wue4lence Dry: ~Nd pmgnus wKNn p«I y«! YY wmiMwa, K et', r b reuse mmd w Ire e. b. ^ Pregialn Y tlme d deem E Due m (a as a cameplerae Dry: r E mer UN D E RIrtN i A C U B ^ Nd pmpud, ae prepmnt wKl,:l42 mys 1 1 a Y Y e e m Y. r U c. i - ivuro nsdwp" h d«ms) LASt1B d deeU Duero (« «a caneepYnce Dry: I ^ Nd pregmd, an pregMnt u days m 1 y«r d. r INbre a«m ^ tHoawn q pmgnerd xdKiel tle pet year 30a. W« «AUlopey Perbmetl7 30b. Non Aubpy FarFKp Aralede PMr m Cortpetlan 31. Mmrar d Deem 32a Dare d In~uy (Morph, day, year) 326. Describe How In~uly Owned 32c. Place d Irtlury: Homo, Felm, SImY, Faddy, d twee d D«a,v ~NYanl ^ Hadcma Dees Suiklkq, ab. (speay7 ^ r« ~ No ^ Y« ^ No ^ AaMam ^ I'endng ImMigetlon 32d. rme a inlay Sze. ayay et weal szt. n Tmnapulelbn mluy IsP•drl 3zg. tumbn of I ~ ) ro+y (areY, any r mew. Yore ^ Suiptle ^ Caub Nd be Delmmbed ^ Y« ^ No ^ Dmer / Opmabr ^ Pe««ger ^Pedanren M Otlar-Spdy T1a cedrmr (aNw ay ore) 33h, sigrem~e ra Ttlle d carxer '' OatlTYUK PNYebmn (PlAtiden o•rtlry*MI aide d d«Ih wh« aralher pnysAdan has pmnwnced d«Ih aM caryMed Kam x31 /~~ ~~/ Tatlm beYdmy kaaalWpe,tlMNawlrmd m»IOtM eewle)eM mmxw «ammrL ______________________ g ---------- ' Prawexi d tl Y h kh Ph Yd - /i. J g arl pr h q p ys n I y « both praneakg deem aM wdying b cmree d death) To the but a Dry bge4tlps, deYN awurtM Y tle tlr«, tlere,aM plea,sM duarolM auea(s)sM mrxNruemlM 33c. Lk«« Number 33d. Dam SIgiM (MOreh, day, year) ___________ _______ Medial EaeminerYCamw • on ate 11aem d.xmnkmlbn end / IX ImmsKpYbn In my oprobn deem ouulea Y the lime Ma Yye mts aM d t m ^ f~'I ~ a Iv 9 e r ~ {^p~ i. Y LdC , , , , p , « o e wueels) sntl mmxw «em1M_ 3!. Name ale Addis d Per«n Who Can puretl C«ee d D«M fKS m 2/) Type / Pdm ~. RepiseaYS eM ~1 ~ h ~~ ~ Date (MOMk rYy, year) /fit .art rtti r3 C.o,4 ~ 1-r M e1 :70 7 /Jcu_ s e ,/Adl r ~ vi ~ ~ I V I ~cYj ~ LS1E DlsposKion PBfRIK No. ~ OJ Y'~71 . ~ ~ ' ~ ' ~ ~ •. C :? LAST WILL AND TESTAMENT ~" ~ ~ ~i ~~~=' `--' t' '1 ~' C'? ~t7 c,~ i ; rn a ` ~~=~ - ~~ BARBARA P. SMITH ~ .~~ ^`~' ~ cr-~ . - ~ o c~ I, BARBARA P. SMITH, 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 gravemazker, 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 all of my articles of household or personal use, including automobiles and all insurance on such property, unto my then living children, in as equal shares as possible, pazticuiaz items to be allocated among them as they agree; or, if they cannot agree, as my personal representative(s) hereinafter named determines. ITEM III. I give and devise all of the rest, residue and remainder of my estate and property over which I have a power of appointment under the Last Will and Testament of my late husband, ROBERT W. SMITH, JR., or the remaining principal and income of the residuary trust, as the case may be, as follows: A. To my daughter, KAREN S. BURGETT, or her issue, per stirpes, one-fourth (1/4) thereof, less the sum of Nine Thousand Five Hundred ($9,500.00) Dollars, being an advancement made by me to her prior to the execution of this Will. Barbara P. Smith B. The remainder thereof in equal shares to my children, ROBERT W. SMITH, III, GARY S. SMITH and CRAIG P. SMITH, or their respective issue, per stirpes. C. Should any such child have predeceased me without issue surviving, the share of such child shall be distributed to my other children, or their respective issue, per stirpes, as the case may be. ITEM IV. If any income or principal shall be payable to any person who shall be under the age of twenty-one (21) or who shall be incapacitated for any reason, my personal representative, as trustee, shall hold such income and principal and shall apply such income and principal to the health, maintenance, support and education of such person until age twenty-one (21) or during incapacity, without the appointment of any guardian or committee or any authority of court, and shall be entitled to make direct application hereunder or to make application by payment thereof to the parent or other person in charge of such person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act, or to the person. Any remaining income and principal to which such person shall be entitled shall be paid and distributed to such person upon attaining age twenty-one (21) or termination of incapacity. ITEM V. I appoint my daughter,. KAREN S. BURGET'C, and my son, CRAIG P. SMITH, Co-Executors, or the survivor of them Executor(rix), of this my Last Will and Testament. No bond shall be required by my personal representative(s) in any jurisdiction. ITEM VI. In addition to the powers given bylaw to my personal representative(s) and trustee(s) [hereinafter fiduciaries] in the administration of my estate and of any trust(s) created herein, 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. Barbara P. Smith 2 A. To retain any property owned by me at my death and t:o 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 of a nominee 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 or kind or partly in each at valuations fixed by the fiduciaries. Barbara P. Smith 3 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 mist herein provided for be or become too small in tnistee'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 ternunation, 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 oi'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 cieem 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 i.s 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, infirnuty 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. 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 Barbara P. Smith 4 . '. .' 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day o~~P ~ , 2002. ~ ~~S~~M Bazbaza P. Smith The preceding instrument, consisting of this and four other typewritten pages, identified by the signature of the testatrix, as on the day and date thereof signed, published and declared by Bazbaza P. Smith, the testa ; ' inn ed as and for her last Will, in the presence of us, who, at her request, in her presence an p senc each other, subscribed our names as witnesses hereto. i'" 4~~~1/ ~~~ ~~ d~~ ~ l~c~. ~ ~ 5 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. I, BARBARA P. SMITH, testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby aclrnowledge that I signed and executed the instrument as my last Will, that I signed it willingly, and that 1 signed it as my free and voluntary act for the purposes therein expressed. Barbara P. Smith Sworn or affirmed to and aclmowledged before me, by Barbara P. Smith, testatrik, this ~ ~~ day of ,~.t.p}t/)')~cl , 2002. +~ ~ u otary Public NOTARIAL SEAL My Commission E piri~LLY S. KIRK, Notary Public Susquehanna Township, Dauphin County AFFIDAVIT MY Commission Expires Feb. 15, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. We, 1-~' C ha~~C ~ - ~~G C-C.Li ~ n d .~~,nd rte. ~_ /~6 rtG~w;-~ the witnesses whose names are signed to the atta ed or foregoing instrument, being duly 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 kno ed testa as at that time 18 or more years of age, of sound mind and under no .constrain ~ ndu nfl ce. ~~~ - Sworn to and subscribed before me this ~ 7 ~ da of ' Y ~;pkm~ , 2001. . (' N EAL Nota ~ut-LY S. KIRK, Notary Pubic uegtrehanna Township, Dauphin Couniy My Commission Expi . Commission Expires Feb. 15, 2003