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Home My WebLink About07-21-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of HARRY W SMITH File Number ~ ~ ~ ~ ' (p ""I lD also known as Deceased Social Security Number 717-12-7197 Petitioner(s), who is/aze 18 yeazs 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 / aze the CO-EXECUTORS named in the last Will of the Decedent dated 10/7/1985 and codicil(s) dated SARAH J. SMITH DIED ON 7/29/1997 (State relevant circumstances, e.g., renunciation, death ojexecutor, 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: ® B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; 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) an`d~ heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ~, Name Relationshi Res L ~~'~' ~.. •_ ,l --,~`' (COMPLETE INALL CASES:) Attach additional sheets if necessary. - ~ Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principi~residence at IV 601 BALTIMORE PIKE.. GARDNERS SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 172 (List street address, town city, township, county, state, zip code) Decedent, then 90 years of age, died on JULY 10, 2009 at FOREST PARK HEALTH CENTER, CARLISLE, CUMBERLAND COUNTY. PENNSYLVANIA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 5,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 144,000.00 situated as follows: 601 BALTIMORE PIKE, GARDNERS, S. MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 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: i or nntea name and residence b '~ ~ PATRICIA A. SMITH, 19 BIG SPRING TERRACE, NEWVII,LE, PA 17241 1 ~~. n _ _ ~ ~ (~ ^ ~ ~ , . ~ JUDY K. FRAKER, 9 DEER TRAIL, NEWVILLE, PA 17241 Form RW-02 rev. 10.13.06 Page 1 of 2 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 Sworn to or affirmed and subscribed ~T before me the ~ day of S~ For the Register Signature of Personal Representative File Number: Z ~ ' ®~ _ ~~ ~ ~ Estate of HARRY W. SMITH ,Deceased .. .• i(r; ~. -~ ~ ~_. ...y Social Security Number: 717-12-7197 Date of Death: JULY 10, 2009 AND NOW, ~~y~~..1. vZ.1 OC'~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY ..,. ~.e..e~.<. ,.,..,,,+oa +„ PATRT[:IA A_ SMITH AND JUDY K. FRAKER u,., ...,,...,~ ~.......,....., OCTOBER 7, 1985 in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last FEES Letters ............... $ 260.00 Short Certificate(s) ........ $ 4.00 Renunciation(s) .......... $ JCP $ 10.00 AUTOMATION FEE .. , $ 5.00 WILL , , , $ 15.00 ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 294.00 Attorney Signature: (and Codicil(s)) of Decedent. Supreme Court I.D. No.: 49811 Address: 60 WEST POMFRET STREET CARLISLE, PA 17013 Telephone: 717 249-2353 Form RW-02 rev. 10.13.06 Page 2 of 2 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. Attorney Name: STEPHEN L. BLOOM, ESQUIRE OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of HARRY W. SMITH PATRICIA A. SMITH and JUDY K. FRAKER Deceased (each) being duly qualified according to law, depose(s) and say(s) that acquainted with HARRY W. SMITH she / he /they was /were well- and am/are familiar with the handwriting and signature of the decedent, and that the signature of HARRY W. SMITH to the foregoing instrument purporting to be the Last Will and Testament/Codicil of HARRY W. SMITH is in his/her own proper handwriting. V ~O (Signature) 19 BIG SPRING TERRACE (Street Address) NEWVILLE, PA 17241 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~ day of ~p Dept~''ly for Rd'gister ~'f Wills ~~ (Signature) 9 DEER TRAIL (Street Address) NEWVILLE_ , PA 17241 (City, State, Zip) ~3 a.c~ _ .~ ~ ~ ~ _ ~ - ~ ~~,.: ti ~- .. .. ; N ,, v Form RW-04 rev. 10.13.06 Sm~.tYr; II7/23 /85 ; D25 ,~, ,~.:~ ~~:,/.,~ LAST WILL AND TESTAMENT ~ t.~.- ~'` ~~ ':: ~ s I , HARRY W. SMITH, of South Middleton Townshi~..~ be]..and~: µ:..i ~~ -~ County, Pennsylvania, being of sound and disposing mind;mory~~' ,nd~- ~ ~, e understandin do hereb make w.. g, y publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all former Wills, Codicils, or writings in the nature thereof, by me at any time heretofore made. FIRST: I hereby order and direct my Executrix or Executricies, hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be conveniently done after my death, out of my residuary estate. SECOND: All the rest, residue and remainder of my estate, be it real, personal or mixed, of whatsoever kind and wheresoever situate, I hereby give, devise and bequeath to my wife, Sarah J. Smith. THIRD: In the event that my said wife shall predecease me, I hereby give my daughter, Patricia A. Smith, the right to live in my home located at R. D. #1, Gardners, Pennsylvania, rent free, for a period of six months after the date of my death. Upon the expiration of six months or at such time prior thereto that she no longer desires to use said property as her home, I hereby order and direct my :~- - 1 - FLOWER, KRAMER, MORGENTHAL & FLOWER -ATTORNEYS AT LAW ONE & SEVEN IRVINE ROW, CARLISLE, PENNSYLVANIA 7.707.3 Smith.; I~7 /23 /85 ; D25 ~. , Executricies to sell the property at public or private sale as they, in their sole discretion, shall deem to be in the best interests of my estate. The net proceeds from such sale shall be added to and become a part of my residuary estate. FOURTH: In the event that my said wife shall predecease me, I hereby order and direct my Executricies to sell my residuary estate, at public or private sale or sales, as they, in their sole discretion, shall deem to be in the best interests of my estate. The net proceeds thereof shall be added to and become a part of my residuary estate. FIFTH: In the event that my said wife shall predecease me, I hereby give, devise and bequeath my residuary estate to my daughters, Patricia A. Smith and Judy K. Mixell, in equal shares, share and share alike. LASTLY: I hereby nominate, constitute and appoint my wife, Sarah J. Smith to be the Executrix of this, my bast Will and Testament, she to serve without bond in the .Commonwealth of Pennsylvania, or any other jurisdiction. In the event that my said wife shall predecease me or be unable to serve as Executrix or complete the administration of my estate for any reason whatsoever, I hereby nominate, constitute and appoint my daughters, Patricia A. Smith and Judy K. Mixell, as Executricies hereof, they likewise to serve without bond. In the event that either of my said daughters shall predecease me or be unable to serve as Executrix hereof or - 2 - FLOWER, KRAMER, MORGENTHAL & FLOWER -ATTORNEYS AT LAW ONE & SEVEN IRVINE ROW, CARLISLE, ['ENNSYLVANIA ].70].3 Smith.; 17/23 /85 ; D25 complete the administration of my estate for any reason whatsoever, my surviving daughter shall serve as Executrix hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal this '~' ~`~ day of October, 1985. (SEAL ) arry W. Smith SIGNED, SEALED, PUBLISHED and DECLARED by HARRY W. SMITH, the above named Testator, as and for his Last Will and Testament, in our presence, who at his request, and in the presence of each other, have hereunto set our hands as subscribing witnesses. `YY~. ~-v,a ; ,e - 3 - FLOWER, KRAMER, MORGENTHAL & FLOWER.- ATTORNEYS AT LAW ONE & SEVEN IRVINE ROW, CARLISLE, PENNSYLVANIA 170].3