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HomeMy WebLinkAbout04-0795 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Elizabeth J. Smith No. gt-0q-~ To: also known as Deceased. Social Security No. ] 9 9- 0 7- 1 9 S8 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut or in the last wilt of the above decedent, dated ,January 2 5, and codicil(s) dated Register of V~ills ,for the _ County of cumber±aha Commonwealth of Pennsylvania in the named ,19 99 Decendent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or ptincipal residence at 1~153 Lutztown Rd., Boilinq Sprinqs, (list street, number and muncipality) Decendent, then 84 years of age, died Au,qust 13, I~X 2004, at Alterra Nursinq Home, 7199 GreenDoro Dr., Melbourne/ Florida. 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: N/A Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled i~ 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 .~$I~ will ~..d cod~i~s~) presented herewith and the grant of letters testamentary ~ ;::; ~- theron. Boilin~ Springs, PA 17007 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA '~ ~ COUNTY OF CUMBER~.gND The petitione~(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 of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or ~,~and subscribed (- ~ before me this,-,,~ ~ ~__ day of / ~' August ..... I~I_ZD.D 4~ ~ .~ . - ~2~Jl~,, ~.~ , Register I' ~ Estate of Elizabeth -J. Smith ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS the reverse side hereot~satisfactory proof having been presented before/ne, IT IS DECREED that the instrument(s) dated January 2 5, 1 9 9 9 described th?rein be admitted to probate and filed of record as the last w~ll o~ Elizabeth Smith and Letters Testamentarv are hereby granted to Paul D. Smitht III FEES Probate, Letters, Etc .......... $~. ~__r~s.~ Short Certificates( ) ^ TOTAL $ c:~'~ ~ - ~ Filed . .~: ~. 7.~ ................. 113 FroAnT~.Y($up'C''I'D'N°') 180~7 Boiling Springs, PA 17007 ADDRESS 717-258-6844 PHO~ OATH OF NON-SUBSCRIBING WITNESS Estate of ~-Z~/Z~'fi E~'. Also known as No. co o, (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that ,~. [.f familiar with the signamre of ~'Z'/ Z~,/.,~7,~ k-~..~,r~ ,testat~/'~ of (one of the subscribing wimesses to) the codicil/will presented herewith and that It- believes the signature on the codicil/will is in the handwriting of &"-Z'fz~a~'~ ~ 3'~A'/V~ to the best of ~ fJ" knowledge and belief. Sworn to or affirrn~d and subscribed --,C~,re me als d~ ,%'t~ d~.y~r ~j OATH OF SUBSCRIBING WITNESS Estate of Also known as , Deceased (each) a subscribing witness to the will/codicil presented herewith, (each) being duly qualified according to law, depose(s) and say(s)~fr ('1~ present and saw _~ff ~.~ ~',. ~ ~ ~ _~'~t t ~ , the test. atP/A', sign the same and that ~ r' signed as a witness at the request of the testate'/' R' in h ~.~ presence and (in the presence of each other) (in the presence of the other subscribing witness(es). (Address) Sworn to or affirmed an~scr/bed J~fore me this .r~.~ daytof ~~- ' 20 C~14 (Name) l~g5 st~0.~ ~ v'""U (~daress, · OFFICE of VITAL CERTIFIED COPY CERTIFICATE OF DEATH FLORIDA LAST 7199 Greemboro Drive Florida Brevard W~dowed West Melbourne 549 Jean Circle Paul D, Smith, III 1453 Lutztown Rd. PA Dr. 964 West C1327210 LAST WILL AND TESTAMENT OF ELIZABETH J. SMITH I, ELIZABETH J. SMITH, a resident of 5 Wiltshire West, Carlisle, Cumberland County, Pennsylvania being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ITEM 1: I direct that all my just debts, the expenses of my last illness and funeral expenses be paid as soon after my decease as the same can conveniently be done. ITEM 2: I direct that there shall be paid out of my residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed by the government of the United States, or any state or territory thereof, or.~b~ any foreign government or political subdivision thereof, in~es property required to be included in my gross estate ~ f~ inheritance or like tax purposes by any of s~h go~rn~s, whether the property passes under this Wil~!~r ~he~i~se,. ~ excluding, however, any property over which I have a taxable power of appointment, provided, however, that no residuary beneficiary shall by reason of this provision be denied the benefit of any deduction, credit, favorable rate of tax or other benefit which by law enures to such beneficiary. LAST WILL AND TESTAMENT OF ELIZABETH J. SMITH ITEM 3: TO the individuals listed below, I bequeath the following: A. To my daughter, BABETTE S. McCURDY, if she shall survive me, the sum of $5,000.00; B. To my son, PAUL D. SMITH, III, if he shall survive me, the sum of $5,000.00 plus interest of $1,270.74, for a total bequest of $6,270.74. ITEM 4: I give, devise and bequeath ninety percent (90%) of all of the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, in equal shares, unto my children, BABETTE S. McCURDY and PAUL D. SMITH, III. ITEM 5: If and in the event that a child of mine does not survive me and is not living sixty (60) days after the date of my death, then and in such event, I give, devise and bequeath the interest in my estate, which such deceased child would have received, if living, to the issue of said deceased child, per stirpes. ITEM 6: I give, devise and bequeath the sum of Twenty Thousand Dollars ($20,000.00) or up to a maximum of ten percent 2 LAST WILL AND TESTAMENT OF ELIZABETH J. SMITH (10%), whichever is less, of my residuary estate, equal shares, PETER McCURDY, ITEM 7: PAUL D. SMITH, to be divided, in unto my then living grandchildren, SHANA McCURDY, PAMELA G. WINEGAR, and ROBERT W. SMITH. I hereby nominate, constitute and appoint my son, III, Executor, of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of him in this or any other jurisdiction for his performance of this office. If and in the event that my son, PAUL D. SMITH, III, does not survive me and is not living sixty (60) days after the date of my death, or does not complete his duties as Executor, then and in such event, I hereby nominate, constitute and appoint my daughter, BABETTE S. McCURDY, Executrix of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. EL~A~ETH~ ~ 3 LAST WILL AND TESTAMENT OF ELIZABETH J. SMITH ITEM 8: If any provision of this Will or of any Codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all the remaining provisions thereof shall continue to be fully operative and effective, so far as is possible and reasonable. IN WITNESS WHEREOF, I, ELIZABETH J. SMITH, the Testatrix, have to this my Last Will and Testament, typewritten on four (4) consecutively numbered pages, subscribed my name and affixed my seal this ~-~ day of~~ , 1999. Signed, sealed, published and declared by the above named ELIZABETH J. SMITH, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request,, as witnesses hereto, in the presence of the said Testatrix, and of each other. 4 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV 1162 EXI11 96/ NO. CD 004623 SMITH PAUL D III 1453 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 ESTATE INFORMATION: SSN: 199-07 1958 FILE NUMBER: 2104- 0795 )ECEDENT NAME: SMITH ELIZABETH J DATE OF PAYMENT: 11 / 12/2004 POSTMARK DATE: 11 / 12/2004 COUNTY: CUMBERLAND DATE OF DEATH: 08/13/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $8,192.53 TOTAL AMOUNT PAID: $8,192.53 REMARKS: P D SMITH SEAL CHECK# 101 INITIALS: VZ RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS Inventory of the real and personal estate of Elizabeth J. Smith deceased 1. Stocks and mutual funds 2. Cash and miscellaneous personal Property 3. 1/3 interest in checking account $120,4¢ 15 32,14 80 1,66666 $154,215.61 COMMONWEALTH OF PENNSYLVANIA '~ ss: COUNTY OF CUMBERLAND .~ Paul D. Smith, III being duly sworn according fo law, deposes and says that he is the Executor of the Esfate of Elizabeth J. Smith I~+e of bICAD/LO~ Tow31ship , Cumberland Counfy, Pa., deceased and thaf fhe ~ifh[n is an ~nven~ory made by him , the said Executor of the entire estate of said decedent, cons;sting of all +he personaJ prope~y and rea[ estate, except real estate outs;de ~he Commonwealth of Pennsylvania, end fhaf the figures opposite each ~fem of fha Inventory represent ;f's fair va~ue as of fha date o~ dece~enf's death. _3~ .~"C-~V~ and subscribed before me, ~ . · /~ /~, ~-/~ ~ 1453 Lutztown Road Date of Death 13th ~ , ~~c~J Augus[, 2004 INSTRUCTIONS I. An inventory must be flied wi+bin three months after appo~nfmen% of personal represenfaHve. 2. A supplement inventory must be filed within thirty days of discovery of additional assets. L Add~%ional sheets may be a%+ached as ~o personal%y or ree]+y 4. See ArHc]e IV, Fiduciaries Act of 1949. Executor - Adm;n;sfr[for / 17007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT DECEDENTS NAME (MST FIRST. AND MIDDLE iNITIAL) Smith~ Elizabeth J_ DATEOFOE~TR[MMDO-YEARI August 13, 2004 September 14~ 1919 OFFICIAL USE ONLY FILE NUMBER COUN~ CODE YEAR NUVBER SOCIAL SECURITY NUMBER 199 07 1958 TH~S RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS LU Z W Z :lt APPJCASLE) SURVIVING SPOUSES NAME I LAST, FIRST, AND MIDDLE INITIALI SOCIAL SECURITY NUMBER Original Return Limited Estate Decedem Died Testate (A~ach coW ~ Will Libgation Proceeds Received ~2 Supplemental Return ~,7 Deceden[ Maintained a Lvng T us A~a o yorTm [: ~5 Federal Es'ate Tax Return Requ~rec 8 Total Number of Safe Deposit ~oxes L~ ,1 Elec!~on !o tax under Sec. g!13iA) ~'c~;c sc~ o: TH s_$EbT 0N MU$~'¢ ~E COMPLETED. ALLCORRESPONDENCE AND CONF DENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME Anthony L. f')c_f.~; ~q,,4r¢ TELEPHONE NUMBER 717-258-6844 COMPLETE MAIL NG ADDRESS P.O. Box 358 113 Front Street Boiling Springs, PA 17007 1 Real Esm[e (ScneduleA) (1) - 0- 2 Stccksand Scads(Schedule B) (2) 120 ,401 o 15 3 Closely He!d CorooFation, Partner% O or Soie-Proprie[orsni~ ,:31 -- 0-- 4 Mo~gages & ,Notes Receivable (Schedule D) ,4) -- 0-- 5 Cas:~ Bank Oepos ts & V sce aneous Personal Property (5] 32, 14 7.8 0 (Scheduie E) 6 Joint!y Owned Prooerb/([Schedule F) (6) 1 , 6 6 6.6 6 ~ Separa!e Billing Remuested 7 Inter-Vivos Translers & Miscellaneous Non-Prooate Property {7) __ 48,581 . 5 9 (Schedule G or L) 8 Total Gross Assets (total Lines 1-7) 9 Funeral Expenses &Administrative Costs (Schedule B) (9) 1 O ~ 4 7 0 · 1 1 10 Debts cf Decedent, Mortgage Liabilities & Liens (Schedule I) (I0) 11. Total Deductions (brai Lines 9 & i2. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Beauests,'Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14 Net Value Subject to Tax (Line 12 minus Line 13) OFFICIAL USE ONLY (8) 202,797.20 (1!/ 11,159.32 (12) 1 ql ~q7 RR (13) -0- (14) 191:637.88 BEE iNSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amoun[ o L ne 4 axable a the SPousal tax rate, or transiers under Sec 9116 (a)(12) x .0 16. Amount of Line 14 taxable at lined rate x .0 191~637.88 ×~45 17 Amount of Line 14 taxable at siblin~ rate 18 Amount of Line 14 laxable at collateral rate x ,15 19 Tax Due d5) -0- -0- (17) 8, 623. 70 (18) -0- (19) SCHEDULE A j REAL ESTATE ' ESTATE OF FILE NUMBER Elizabeth J. Smith {Property [oii~t]y-owned wi~'h Right of Survivorship must be disclosed on Schedule F) All rea] estate should be reported at fair market value which is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or seJh bath having reasonable knowledge of the relevant facts. ITEM VALU5 AT DATE NUMSER DESCRIPTION OF DEATH 1 NONE -0- TOTAL (Also enter on line ], Recapitulation) S -O- (if more space is needed, ~'nserf addifionc~! s~eeM of sarne s~'z~.) COMMONWEALTH OF pENNSY~.VANIA INHERITANCE TAX ~ETURN SCHEDULE B STOCKS AND BONDS ESTATE OF FILE NUMBER Elizabeth J. Smith (All proper~y ointly-owned with Right of Survivorship must be disclosed on Schedule F.) VALUE AT DATE ITEM DESCRIPTION OF DEATH NUMBER 2. 3. 4 5 6 7 8 9 10. 11. 44 shares common stock of Bell South Corp. @ $27.22 per share 64 shares common stock of Lucent Technologies Inc. @ $2.74 per share 3,300 shares common stock of Pfizer Incorporated @ $31.15 per share 700 shares Pu~am Premier Income Trust @ $6.47 per share 400 shares Putnam Premier Income Trust @ $6.47 per share 119 shares common stock of SBC Communications Corp. @ $25.06 per share 68 shares common stock of Verizon Communications @ $39.07 per share 64 shares common stock of Agere Systems common stock @ $1.20 per share 51.1877 shares common stock of Vodaphone @ $22.15 per share 38 shares common stock of American Telephone & Telegraph @ $13.70 per share 180 shares common stock of Drexler, now Linear Collider Research and Development @ $9.70 per share $1,197.68 175.36 102,795.00 4,529.00 2,588.00 2,982.14 2,656.76 76.80 1,133.81 520.60 1,746.00 TOTAL (Also enter on line 2, Recapitulation) S 120, 401 · 15 SCHEDULE C CLOSELY HELD STOCK, PARTNERSHIP AND PROPRIETORSHIP ESTATE OF Elizabeth J. Smith ITEM NUMBER DESCRIPTION 1. NONE Please Print or Type FILE NUMBER TOTAL (Also enter on line 3, Recapitulation) S -0- VALUE AT DATE OF DEATH -0- (If more space is needed, insert additional sheets of same size.) SCHEDULE D MORTGAGES AND NOTES RECEIVABLE Please Print or Type ESTATE OF FILE NUMBER Elizabeth J. Smith (All property jointly-owned with the Right of Survivorship must be disclosed on Schedule F.) ITEM DESCRIPTION VALUE AT NUMBER DATE OF DEATH NONE -0- TOTAL (Also enter on line 4, Recapitulation) ! S - 0- (If more space is needed, insert additional sheels of same size.) ESTATE OF SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY Please Print or Tyl'~ FILE NUMBER Elizabeth J. Smith (Ali property [oinl[y~owned with the RJgh¢ of Survivorship must be disclosed on Schedule F} ITEM DESCRIPTION VALUE AT NUMBER DATE OF DEATH 1. Refund from Alterra Healthcare Corporation 47 items of jewelry. See attached appraisal $5,703.00 26,444.80 TOTAL (Also enter on line 5, Recapituh=t[on) 32 ~ 14~7.80 $CHI=DULr: F JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER Elizabeth J. Smith Joint t~nc~nt(s): NAME ADDRESS J RELATIONSHIP TO DECEDENT Paul D. Smith, III I Son B. Babette S. B. McCurdy 1453 Lutztown Rd. Boiling Springs, PA 1739 Old Forge Road Annville, PA 17003 17007 Daughter J LETTER ITEM I FOR DATE NUMBE~ JOINT MADE DESCRIPTION OF PROPERTY TOTAL VALUE DECD'S DOLLAR VALUE OF I TENANT JOINT OF ASSET , ~,~ INT. j DEC~D~NT'S INTEREST ]. j J 1995 $5,000.00 1/3 $1,666.66 Checking account, #1322486, at M&T Bank, Boiling Springs, PA TOTAL (A/so enter on line 6, Rec=pitulat/an) i S 1 , 666.66 ~I{ more space is needed insert additional sheets of scrne size) ~:~Lo SCHEDULE O COMMONWEALTH OF ~.$~V~l~ TRANSFERS RESIDENT DECEDI~NT z:~. ~ p~_ PRINT OR TYPE ~[~zabe[h 3. Sm~Ch THIS SCHEDULE MUST BE COMPLETED AND FILED IE THE ANSWER TO ANY OF THE QUESTIONS ON THE REVERSE SIDE OF THE COVER SHEET IS YES. ITEM DESCRIPTION OF PROPERTY TO~AL VALUE DECD DOLLAR VALUE NUMBER IncJudeeameoftherransferee,!heFrre!o~ionshiptodecedent, dareof~ransfer [ EXCLUSION OF AS,SET % OF DECEDENT'S ' Non pension Annuity Contract, #03762562, Thrivent Financial for Lutherans $48,581.59 100% $48,581.59 TOTAL (A~so enter on line 7, RecopituJation) S 4 8, 5 81 . 5 9 more space ~s needed, insert addilional shee~s of same size.) STATE OF SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES Please Print or Type FILE NUMBER Elizabeth J. Smith ~?EM NUMBER DESCRIPTION AMOUNT A. Funeral Expenses: 1. 2. 3. 4. 5. 6. 7. 8. Administrative Costs: Personal Representative Commissions Social Security Number of Personal Representative: Year Commissions paid 2004 Attorney Fees Family Exemption Claimant Address of Claimant at decedent's death Street Address Relationship 210 -- 28 -- 4050 City State Zip Code. Probate Fees Miscellaneous Expenses: Legal Advertising, Cumberland Law Journal Legal Advertising, The Sentinel TOTAL (Also enter on line 9, Recapitulation) $ 1 0,4 7 0.1 1 (If more space is needed, insert additional sheets of same size.) 5,000.00 5,000.00 293.00 75.00 102.11 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE"I" DEBTS OF DECEDENT, MORTGAGES, AND LIENS ESTATE OF FILE NUMBER Elizabeth J. Smith ITEM NUMBER DESCRIPTION AMOUNT The Medicine Shoppe #1487 1260 Sarno Road Melbourne, Florida 32935 Medicine Geetha Priyanka 964 S. Wickham Rd., Suite 1 W. Melbourne, Florida 32904 - Medical James Line Jewelers 200 S. Spring Garden Street Carlisle, PA 17013 - Appraisal of Jewelry TOTAL (Also enter on line 10, Recapitulation} $ 689.21 112.99 36.22 540.00 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE J BENEFICIARIES ESTATE OF Elizabeth J. Smith FILE NUMBER NUMBER 2. 3. 4. 5. 6. 7. 8. II. 1, NAMEANDADDRESSOFPERSON(S)RECEIVINGPROPERTY TA~BLEDISTRIBUTIONS(includeoutri§htspousaldistributions) Babette S. McCurdy - Bequest 1739 Old Forge Road Annville, PA 17003 Paul D. Smith, III - Bequest 1453 Lutztown Road, Boiling Springs,PA Babette S. McCurdy 1739 Old Forge Road Annville, PA 17003 Paul D. Smith, III 1453 Lutztown Road, Boiling Springs, Shana McCurdy 1736 Algonquin Dr. Clearwater, Florida 33765 Peter McCurdy 1739 Old Forge Road Annville, PA 17003 Pamela G. Winegar 2665 Hunter Lan~ Malabar, Florida 32950 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Daughter Son Daughter Son Granddaughter Grandson Granddaughter Robert W. Smith Grandson ~07~RaymQnd. Ave. b~TRI~§HOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIAT NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B, CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET - 0- (If more space is needed, insert additionat sheets of the same size) AMOUNT OR SHARE OF ESTATE $5,000.00 6,270.74 45% Residuary 45% Residuary 2.5% Reiduary 2.5% Residuary 2.5% Residuary 2.5% Residuary ONREV1500COVERSHEET LAST WILL AND TESTAMENT OF ELIZABETH J. SMITH I, ELIZABETH J. SMITH, a resident of 5 Wiltshire West, Carlisle, Cumberland County, Pennsylvania being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ITEM 1: I direct that all my just debts, the expenses of my last illness and funeral expenses be paid as soon after my decease as the same can conveniently be done. ITEM 2: I direct that there shall be paid o~t:-of my~ residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed by the government o~the United States, or any state or territory thereof, or by a~y foreign government or political subdivision thereof, in respect to .all property required to be included in my gross estate for estate, inheritance or like tax purposes by any of such governments, whether the property passes under this Will or otherwise, excluding, however, any property over which I have a taxable power of appointment, provided, however, that no residuary beneficiary shall by reason of this provision be denied the benefit of any deduction, credit, favorable rate of tax or other benefit which by law enures to such beneficiary. ELiZABEtH -J[FSMT~H ~ 1 LAST WILL AND TESTAMENT OF ELIZABETH J. SMITH ITEM 3: To the individuals listed below, I bequeath the following: A. To my daughter, BABETTE S. me, the sum of $5,000.00; B. To my son, PAUL D. SMITH, the sum of $5,000.00 plus McCURDY, if she shall survive III, if he shall survive me, interest of $1,270.74, for a total bequest of $6,270.74. ITEM 4: I give, devise and bequeath ninety percent all of the rest, residue and remainder of my estate, real, (90%) of personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, in equal shares, unto my children, BABETTE S. McCURDY and PAUL D. SMITH, III. ITEM 5: If and in the event that a child of mine does not survive me and is not living sixty (60) days after the date of my death, then and in such event, I give, devise and bequeath the interest in my estate, which such deceased child would have received, if living, to the issue of said deceased child, per stirpes. ITEM 6: I give, devise and bequeath the sum of Twenty Thousand Dollars ($20,000.00/ or up to a maximum of ten percent ~ST WILL AND TESTAMENT OF ELIZABETH J. SMITH (10%), whichever is less, of my residuary estate, to be divided, in equal shares, unto my then living grandchildren, SHANA McCURDY, PETER McCURDY, p~34ELA G. WINEGAR, and ROBERT W. SMITH. ITEM 7: I hereby nominate, constitute and appoint my son, PAUL D. SMITH, III, Executor, of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of him in this or any other jurisdiction for his performance of this office. If and in the event that my son, PAUL D. SMITH, III, does not survive me and is not living sixty (60) days after the date of my death, or does not complete his duties as Executor, then and in such event~ I hereby nominate, constitute and appoint my daughter, BABETTE S. McCURDY, Executrix of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. LAST WILL AND OF ELIZABETH J. SMITH ITEM $: If any provision of this will or of any Codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all the remaining provisions thereof shall continue to be fully operative and effective, so far as is possible and reasonable. IN WITNESS WHEREOF, I, ELIZABETH J. to this my Last Will and Testament, consecutively numbered pages, subscribed my seal this .~)~-~./~ day of .-~ 1999 SMITH, the Testatrix, have typewritten on four (4) name and affixed my (SEAL) Signed, sealed, published and declared by the above named ELIZABETH J. SMITH, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and of each other. 4 Appraisal ~Quah'.tyyou can trust, at a price you can affbrd. 200 S. Spring Garden St. Carlisle, PA 17013 717'249'4888 September 10, 2004 To Whom It May Concern: This is to certify the following pieces of jewelry property of The Estate of Elizabeth Smith has a current retail value as itemized. 1. One diamond dinner ring, consisting of a Brilliant (round) cut diamond having a G.I.A. color grade of K and clarity grade of SI-2 weighing approximately .95 carats surrounded by 40 diamonds, having an approximate combined weight of 2.00 carats set in a 14 karat white gold mounting, value $7500.00 2. One diamond ring consisting of two brilliant cut diamonds, one weighing approximately .55 carats, the other weighing approximately .60 carats both having a G.I.A. color grade of I and clarity grade VS-2. The mounting stamped 14 karat white gold has five brilliant cut diamonds, graduating in size on each side, having an approximate carat weight of .40 carats, value $4580.00. 3. Diamond fish tail setting eternity band consisting of 25 poorly cut diamonds, having an approximate weight of .80 carats. Mounting test 14 karat white gold, value $1775.00 4. Sapphire cluster ring, consisting often 3 mm round genuine blue sapphires, mounting being Rose Gold, value $315.00 5. Blue topaz ring consisting of a 10 mm by 12 mm emerald cut Swiss Blue topaz weighting approximately 1.00 carat, mounted with a round cubic zimonia on each side, the mounting stamped 14K white gold, value $225.00 6. Diamond and ruby ring, consisting of oval genuine ruby measuring 6.8 mm by 5.5 mm, surrounded by 32 baquette cut diamonds, having an approximate weight of 1.00 carats, mounting being yellow and stamped 14K value $ 2000.00 7. Emerald ring consisting of one worn cushion cut genuine green emerald with an old mine cut diamond on each side, mounting being yellow and stamped 14K, value $200.00 8. Antique diamond ring, the diamond is a cracked and chipped single cut diamond, white mounting stamped 10 karat, value $100.00 9. Three sterling silver rings, no value. 10. Gold tone chain measuring 30 inches, no value. 11. Gold open link neck chain measuring 18 IA inches in length, weighing 12.4 grams, value $310.00 12. Gold neck chain measuring 17 inches in length, stamped 14k, weighing 27.9 grams, value $697.50 13. Gold open link bracelet measuring 7 inches in length, stamped 14k, weighing 4.9 grams, value $122.50 14. One vintage 14 karat gold charm bracelet, having the following charms, Carousal, Typewriter, Nameplate, Alarm clock, Hourglass, St. Christopher Medal, Horseshoe, Stagecoach, Life Preserver, Windmill, Bicycle, Liberty Bell, Capitol Building, Suitcase, Monkey, Whistle, Dog, Phone, Safe, Car, Jitney, Rings, Four Leaf Clover, and Chalk Board most stamped 14K, value $3200.00 15. One vintage 14 karat gold charm bracelet, having the following charms, 7-11 plate, Zodiac, Slot machine, Vanity, Rice vile, and a Canoe, most stamped 14K, value $700.00 16. Gold 7 inch bracelet stamped 14K, weighing 11 grams, value $ $275.00 1T Four charms: a. Worry bird, no value b. Mouse, no value c. 14 karat Shark tooth, value $38.00 d 14 karat Poodle dog, value $88.00 18. Silver bangle bracelet, value $40.00 19. Gold filled bangle bracelet, value $40.00 20. Child's bangle bracelet, stamped 750 (18 karat), 16.7 grams, value $585.00 21. Five neck chains a. White chain with gold tone "O" pendant, no value b. 10 karat yellow gold chain measuring 15 inches, 7.6 grams, value $126.80 c. 14 karat yellow gold chain, measuring 15 inches, .86 grams, value $21.50 d. 14 karat white gold chain, .7 grams, value $17.50 e. 14 karat yellow gold chain, needs repaired, ~5 grams, $12.50 22. Gold filled watch pendant chain with slide (missing one ruby) and swivel, value $100.00 23. 15 inch Tri-color gold (yellow, white and rose) brained neck chain, stamped 14K, 5.5 grams, value $137.50 24. Sterling Silver and Lapis pendant, necklace and earrings, $30.00 25. 12 karat gold filled ID bracelet, no value. 26. Sterling silver V shaped bracelet with blue stone, value $15.00 27. Miscellaneous loose pearls measuring 3 mm to 5 mm, value $67.00. 28. Two Jade pendants and one pair.jade earrings, total value $60.00 29. One pair oval shaped Red Sardonyx (Agate) set earrings set in Sterling Silver and matching Pendant with 16 inch silver neck chain, value $20.00 30. Pair diamond stud earrings, one weighing approximately .33 carats having a G.I.A color grade of K and clarity grade of SI-1, the other weighing approximately .40 carats with a clarity grade of SI-2, and color grade of H, set in 14 karat yellow gold mountings, value $2000.00 31. Pair costume gold tone and imitation pearl hoop style earrings, no value 32. Damaged Sterling Silver neck chain, no value. 33. Damaged costume bangle bracelet with blue stones, no value 34. Three rings a. Sterling Silver with g~een stone, no value b. Sterling Silver, no value c. Two tone 14 karat gold 7 mm wide Art Carved band, value $280.00 35.One earring, bracelet and large pendant stamped Sterling Silver, no value 36. Double strand costume pearls w/th gold tone clasp having colored stones and imitation pearls, no value 37. Double strand 24 inch imitation 8 mm pearls, white tone clasp stamped Japan, no value 38. Two Multiple 3mm imitation pearls, one in need of repair, no value. 39. Gold tone and imitation pearl bracelet, no value. 40. Sterling Silver and Marcasite pendant, no value 41. Single 12 inch strand costume pearls on gold tone chain, no value 42. Gold tone 15 inch necklace with 10 nun costume pearls, no value 43.8 mm round imitation Peridot in gold tone mountings, no value 44. Three pair hoop earrings a. Hoop earrings, 14 karat yellow gold, value $48.00 b. 5 mm wide brushed finished hoop earrings, 14 karat yellow gold, value $80.00 c. Dangle earrings, 14 karat yellow gold, value $40.00 45. Pair pearl and diamond earrings, pearls being of"Fine" quality measuring 6.5 mm, the diamonds weighing approximately. 12 carats each, mountings being 14 karat yellow gold screw backs, value $598.00 46. Rhinestone leaf shaped brooch, no value 47. Costume brooch that can convert to clip earrings, stamped ORA, no value James Line Jewelers Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 Date: 12/06/2004 DELUCA ANTHONY L ESQ 113 FRONT ST BOILING SPRINGS, PA 17007 RE: Estate of SMITH ELIZABETH J File Number: 2004-00795 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 12/05/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Personal Representative(s) Judge GLENDA FARNER STRASBAUGH Clerk of the Orphans' Court Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 Date: 12/06/2004 SMITH PAUL D III 1453 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: Estate of SMITH ELIZABETH J File Number: 2004-00795 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 12/05/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Counsel Judge GLENDA FARNER STRASBAUGH Clerk of the Orphans' Court COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF ~~DIM~ ~~mE OF INHERITANCE !~.~ .~Vi,~DN "'.-'" IP ! 0.. PO BOX 280601-;:)'::1.,::": ~-l-I, I ';'!J.') HARRISBURG PA '171Z~~0601 NOTICE OF INHERITANCE TAX APPRAISEHENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX 20~' J r',l I L; Pi! 3: 15 lJu ,j,. DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 01-17-2005 SMITH 08-13-2004 21 04-0795 CUMBERLAND 101 CLERK 0:: OR~';-"'" "..., (\r'. ,1 '.r"T r'rjPt~ ~) ,),-,,<.'i~; I Al!;lltlJNY L D'EL!ilCA-"ESQ 113 FRONT ST PO BOX 358 BOILING SPGS PA 17007 . REY-1547UAFP U2-04l ELIZABETH J Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CD COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ li.v :rJ'li'f-IY-AFFr-t'ol-.-6!').-Noi'-ici.oF-INHlitI-TAN-CE-TAX-A.pPR1.isiir€NT~..A[LowANcE.OR--....-----....-. DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF SMITH ELIZABETH J FILE NO. 21 04-0795 ACN 101 DATE 01-17-2005 TAX RETURN WAS: (X I ACCEPTED AS FILED I CHANGED NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Allount of Line 14 at Spousal rete (15) 16. Allount of Line 14 taxable at Lineal/Class A rate (16) 17. Allount of Line 14 at Sibling rate (17) 18. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due .00 X 00 = .00 191,637.88 X 045 = 8,623.70 .00 X 12 = .00 .00 X 15 = .00 lI91= 8,623.70 RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. stocks and Bonds (Schedule B) 3. Closely Held stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets III (21 [31 (41 (SI (61 (71 .00 120,401.15 .00 .00 32,147.80 1,666.66 48,581. 59 (81 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ad.. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Govern.ental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subiect to Tax (91 [101 10,470.11 689.21 (111 [121 lI31 lI41 NOTE: To insure proper credit to your account) sub.it the upper portion of this for. with your tax pay.ent. 202,797.20 II .1 ~lj 3:7 191,637.88 .00 191,637.88 TAX CREDIT"': l+' AHOUNT PAID DATE NUHBER INTEREST/PEN PAID [-I 11-12-2004 CD004623 431.19 8,192.53 TOTAL TAX CREDIT 8,623.72 BALANCE OF TAX DUE .02CR INTEREST AND PEN. .00 TOTAL DUE .02CR . IF PAID AFTER DATE INDICATED} SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. [ IF TOTAL DUE IS LESS TWAN $1, NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" [CRI, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. I v ~5l~ CERTIFCA TION OF NOTICE UNDER RULE 5.6(A)' Name of Decedent: Elizabeth J. Smith Date of Death: August 13, 2004 Will No.: 2004-00795 Admin No.: To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) ofthc Orphans' Court Rules \vas served on or mailed to the following beneficiaries of the above-captioned estate on Name Address Paul D. Smith, III, 1453 Lutztown Road, Boiling Springs, PA 17007 Babette S. McCurdy, 1739 Old Forge Road, Annville, PA 17003 Robert W. Smith, 307 Raymonn Ave, Roiling Springs, PA Peter McCurdy, 1739 Old Forge Road, Annville, PA 17003 Shana McCurdv. 1736 Aloonouin Dr., Clearwater, Florida Pamela G. Winegar, 2665 Hunter Lane, Malabar, Florida Notice has now been given to all persons entitled thereto under Rule 5.6(a) except 17007 33765 32950 A] 1 have received notice. Date: ~fr I t?'~$P"~~r~~I-~ Signature ~ r-- 1: Anthony L. DeLuca, Esquire Name 113 Front st., P.O. Box 358 Boiling Springs, PA 17007 r- ;;::;) Address 717-258-6844 \1 .. .~ "', Telephone r-:,\ Capacity: 0 Personal Representative [!I Counsel for personal representative ..)-- JRD/June 30, 1992/17858 In Re: Estate ofEIizabeth J. Smith Late of Monroe Township ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA Estate No,: 21-04-0795 NO, 21-2004-0795 NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT ORPHANS' COURT RULE Personal Representative: Paul D. Smith, III. Counsel for Personal Representative: Anthony L. Deluca, Esq. Date of Grant of Original Letters: 08/25/2004 Date of Delinquency Notice: 12/05/2004 The undersigned, Glenda Farner-Strasbaugh, Clerk of the Orphans' Court, in accordance with Rule 5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on December 5, 2004, and that the ten (10) day notice to file the certification has expired, Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that a C~urt conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 01119/2005 ~L~~/~J4;Jl G en a arner Strasbaugh " Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File ~ '+, .:HIoS q:'3o PlM A hearing is scheduled for at in Courtroom No.3. If the Certification of Notice is filed prior to the hearing date, the hearing will automatically be cancelled. /, Georgr. JRD/June 30, 1992/17858 In Re: Estate of Elizabeth J. Smith Late of Monroe Township ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Estate No.: 21-04-0795 NO. 21-2004-0795 NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT ORPHANS' COURT RULE Personal Representative: Paul D. Smith, III. Counsel for Personal Representative: Anthony L. Deluca, Esq. Date of Grant of Original Letters: 08/25/2004 Date of Delinquency Notice: 12/05/2004 The undersigned, Glenda Farner-Strasbaugh, Clerk of the Orphans' Court, in accordance with Rule 5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on December 5, 2004, and that the ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 01119/2005 ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File ~~ 't, ;;l.oo't q'."'oAN\ A hearing is scheduled for at in Courtroom No.3. If the Certification of Notice is filed prior to the hearing date, the hearing will automatically be..~~ Georg(E. Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 7/05/2006 SMITH PAUL DIll 1453 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: Estate of SMITH ELIZABETH J File Number: 2004-00795 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing lS due by: 8/13/2006 please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, Glenda Farner cc: File Counsel ~ ~ Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 7/05/2006 DELUCA ANTHONY L 113 FRONT STREET PO BOX 358 BOILING SPRINGS, PA 17007 RE: Estate of SMITH ELIZABETH J File Number: 2004-00795 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent!s death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 8/13/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, (;~/' / f ,"" f~ ./'_'/~-,,['~ / I Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) \x \ Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: Eli zabeth J. Smith Date of Death: August 13, 2004 Estate No.: 21-04-0795 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the adrrJnistration of the above-captioned estat,e: 1. State whether administration of the estate is complete: Yes rID No 0 2. If the ans'rv""ler is No, state ,~vhen the personal representative reason,ably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a fmal account with the Court? Yes 0 No J!l b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes ~ No 0 c. Copies of receipts, releases, joinders and approval of fonnal or informal accounts may be filed with the Clerk ofthe Orphans' Court and may be attached to this report. a-.~ 5P~.IIb&4m, rdc;, Slgnature =-7. Date: 7// f& t ! Anthony L. DeLuca, Esquire Name 113 Front st., P.O. Box 358 Boiling Springs, PA 17007 Address 717-258-6844 Telephone No. . . f.. Capacity: 0 Personal Representative Q[l Counsel for personal representative