HomeMy WebLinkAbout02-02-12. _ ~:
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANI
Estate of Vera E Smith File Number 21'/~'~J/ `J~
also known as
,Deceased Social Security Number
Warron Casbtneira __
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or 8' BELOW )
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXBCUtOr named in the
last Will of the Decedent, dated 09/27/2004 and codicil(s) dated
Sb#e rNevarUarcurnrtorwes, s.p., ronundedon, dorNh o/exsixdor, etc.
After the execution of the documents offered for probate: Decedent did not ma • was not dNoroed; was not a pparty to a nding divorce proceeding
wherein grounds for divoroa had been established as provided in 23 Pa. C.S.A.~3323 (g); did not have a child bom or ad pled; was not the victim of
a killing; and was never adjudicated an incapactated person, except as follows:
B. Grant of Letters of Administration.
(HeppSCebb, solar. c.t.a.; db.n.c.t.a.; padsnte fie; detente absende; durarMs )
Petitioner(s)),, after a proper search, haa/have ascertained that Decedent left no Will and was survived by the fol
Adminlsbatlon, at.a. ord.b.n.at a., enterdate of UtBll on Section A above and complete,llst of heirs); was not th
adjudicated an incapacitated person; and was not a party to a pending- divorce proceeding wherein grounds for
provided in 23 Pa. C S.A. § 3323 (g), except as follows:
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Name Relationshi Residence €.,%
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(COMPLETE INALL CASES:) Attach additional sheets Hnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
46 S 35~~ Street, Camp Hill, Camo Hill, Cumberland. PA 17011
(Ust stroet address, towr-~ly, townsh/p, county, state, zip code)
Decredent, then ~_ years of age, died on 01/1iT~12012 at
Decedent at death owned property with estimated values as follows:
(If domicled in PA) $ ~•0~•~
(If not domiciled in PA)
(If not domicled in PA)
Value of real estate in Pennsylvania
All personal property
Personal property in Pennsylvania
Personal property in County
situated as follows: 46 S. 3Sth Street, Camp Hill, PA 17011
107,80.00
~~PMner(s) respectfully request(s) the probate of the last Will and Codial(a) presented with this Petitbn and the grant of Letters in the appropriate form to
Si ure T pad or rioted name and residence
r/ Warren Castanefra 207 Cherrington Drive
Harrisburg, PA 17110
norm RW-0Z Rev. 12-20-2oto ( gym, asnc-na ac>ta~ br me court) coPr~cM (c~ zoos loon sonwaro onry n,. ~eav,sr c-wiP. Inc.
spouse rf any) and heirs (rf
of a k~ttng, m as
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Peps 1 of 2
Oath of Personal Representative :.~~
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF Cumberland } ~_~ w
The Petitioner(s) above-named swear(s) or affirm(s) that the statements In the foregoing Petltlon are true and corre t est oft
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) wi ll welly
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administer the estate according to law.
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Sworn to or affirmed and subscribed
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before me this ~~ day or
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s/Farti~e Rec~ist~ "err /~ //"
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Signature of Personal Representative Warr~n astan Ira
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Signature of Personal Representative
Signature of Personal Representative
File Number:
21 ~"
Estate of Vera E Smith
,Deceased
Social Se urity umber: 201-16-3933 Date of Death: 01/15/2012
AND NOW, ~ ~`~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DE EED that Letters Testamentary
are hereby granted to Warren Castaneira
i!? the above estate
and that the instrument(s) dated 09/27/2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s) of Decedent.
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FEES
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Letters ...............................~y..... $
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Short Certificate(s)..........°~......... $
Re unciation(s) ............................ $
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TOTAL ................................... $ a ~ ~ I~
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Attorney Signature: ``~
Register of
Attorney Name: Diane G Radcliff, Esquire
Supreme Court I.D. No.: 32112
Address: 3448 Trindle Road
Camp Hill, PA 17011
Telephone: (717) 737-0100
Form f21/V 02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Vera E. Sx~l -" ~~D
File No. 22-04-W
LAST WILL AND TESTAMENT
of
VERA E. SMITH
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BE IT REMEMBERED, that I, VERA E. SMITH of 46 South 35`h Street, Camp Hill, PA 17011,
being~of sound mind, memory and understanding, do make, publish and declare this as and for
my Last Will and Testament, hereby revoking and making null and void any and all Wilts and
Testaments and writings in the nature thereof by me, at anytime heretofore made.
ARTICLE 1. BACKGROUND INFORMATION: The following is background information pertaining
to myself and my family:
A. I was born on October 3, 1924.
B. My social security number is 201-16-3933.
C. I am widow to.
D. I have one (1) child, Warren Castaneira
ARTICLE 2. DEFINITIONS: The following definitions shall apply to this my Last Will and
Testament:
A. My Will: The term "my Will" as used in this my Last Will and Testament shall
mean this my Last Will and Testament.
B. Souse: The term "my Spouse" as used in my Will means my spouse listed in
Article 1 above, if any.
C. My Children: The term "my Child" as used in my Will includes the child/children
listed in Article 1 above, if any. A relationship by or through legal adoption shall
be treated the same as a relationship by or through blood for purposes of succession
to property under my Will.
D. Issue: The terms "issue" as used in my Will means the immediate and remote
lawful, lineal descendants by blood or adoption of the person referred to, who are
in being at the time they must be ascertained in Order to give effect to the
reference to them.
E. ~ Rers~nal Representative: The term "my Personal Representative" as used in my
Will meansthe Executor yr Executrix of my Estate, or any other title of like import
which is used to describe such a fiduciary.
F. My Estate: The term "my Estate" as used in my Will means all property of
whatsoever nature and wheresoever situate, whether it be real, personal or mixed,
including any insurance policies therefor, property over which I have power of
appointment, and proceeds from any insurance policies payable to my Estate in
,~.~~ ~`
{SEAL}
VERA E. SMITH
1
Vera E. Smith '
File No. 22-04-W
which I have an interest upon my death and -which is to be distributed to a
beneficiary under the law pursuant to the terms of my Will or as the result of
intestacy.
G. Residuary Estate: The term "my Residuary Estate" as used in my Wi!( means all
the rest, residue and remainder of my Estate remaining after payment of all of my
last debts, funeral expenses taxes and administration expenses and any other
expense, or expenditure required to be made as the result of my death and after
distribution of the Tangible Personal Property and any special bequests specifically
set forth herein.
H. Per Stirpes: The term "per stirpes" as used in my Wi(( means that whenever a
distribution is to be made to the issue or descendants of any person, the property
to be distributed shall be divided into as many shares as there are (1) living children
of the person, and (2) deceased children, who left descendants who are living, of
the person. Each living child, if any, shall take one share and the share of each
deceased child shall be divided amongst his then living descendants in the same
manner.
I. Per Capita: The term "per capita" as used in my Will means that whenever a
distribution is to be made to a person, the property to be distributed to that person
shall be distributed only if that person survives me. If that person has not survived
me, the distribution to that person shall lapse and be deemed void.
J. Survival: The term "survive me", or any derivative thereof, as used in my Will
means that any person or organization herein named or referred to shall be deemed
to have survived me only if such person or organization shall in fact survive me for
a period of at least thirty (30) days. Any person or organization named or referred
to herein who shall not survive me by a period of thirty (30) days shall be deemed
to have died before I do.
K. Gender and Number: Where appropriate to the context, pronouns or other terms
expressed in one number or gender shall be deemed to include the other number
or gender, as the case may be.
L. Percentages: Where a gift, bequest or devise is expressed as a percentage in the
following Articles, it refers to the percentage of that portion of my gross estate
available for distribution unless a contrary intention appears in the Article.
M. Priorit :Priority for distribution of the gifts and bequests herein made shall follow
the Article number with the lower numbered Article taking priority over any Article
appearing subsequently unless a contrary intention appears in the Article.
N. Encumbrance: When encumbered property has been specifically devised or
bequeathed, it shall pass under the terms and conditions of this Will subject to said
encumbrances, provided however, that any installment payments, current or past
due, on either principal or interest on such encumbrances may be paid by my
Personal Representative in his/her sole discretion.
0. Partial Invalidity: If any provision of this Will shalt be declared inoperative or in
~.-~~ ~ ~ {SEAL}
VERA E. SMITH
2
Vera E. Smith '
File No. 22-04-W
violation of any rule of law, such invalidity shall not affect the remaining provisions
of this Will and they shall remain in full force and effect.
ARTICLE 3. BURIAL AND FUNERAL INSTRUCTIONS: I direct that I be buried next to my husband,
Byron E. Smith, at the Westminster Gardens, Carlisle, PA.
ARTICLE 4. DEBTS AND FUNERAL EXPENSES: I direct that all my just debts and funeral
expenses appropriate to my station in life and custom of living (including appropriate monument
or marker for my grave) be paid as soon after my demise as may be convenient.
ARTICLE 5. ADMINISTRATION EXPENSES: I direct that all of the expenses of the administration
of my Estate including, but not limited to, probate and other Court fees and reasonable
commission for my Personal Representative and any attorney retained by my Personal
Representative, be paid as such expenses are incurred and as soon after my demise as may be
convenient.
ARTICLE 6. PAYMENT OF TAXES: I direct my Personal Representative to pay all inheritance,
estate, succession and legacy taxes of whatsoever nature and kind, to which my Estate or any
person receiving the transfer of any property passing hereunder or otherwise passing by reason
of my demise, may be subject and to charge such taxes against my Residuary Estate, it being my
intention that none of the aforesaid taxes, either federal or state, or any property required to
be included in my gross estate, under the provisions of any state or federal law now in force or
hereafter enacted, shall be prorated among the persons interested in my Estate to whom such
property is or may be transferred or to whom any benefit accrues.
ARTICLE 7. TANGIBLE PERSONAL PROPERTY: I give and bequeath all tangible personal property
owned by me at my death and all insurance policies on such property as follows:
A. Memorandum: To those individuals who survive me and who are designated on a
list, memorandum, or Bequest of Personalty form signed by me which refers to my
Will or is found with a copy thereof, I give and bequeath the items listed beside
his/her name.
B. Remainder Distribution: The balance (including any items to be distributed under
this Article, the bequest of which has lapsed) shall become part of my Residuary
Estate and distributed to the beneficiaries and in the proportions herein provided.
C. Method of Distribution: MyPersonal Representative shall have the right to dispose
of said remaining items of personalty set forth in subparagraph B. of this Article,
either in kind or in cash as a result of liquidation thereof as my Personal
Representative, in myPersonal Representative's sole discretion, deems appropriate
under the circumstances. It is my intent, however, that should any beneficiary of
my Residuary Estate desire to receive a particular item in kind which was not
specifically bequeathed to that beneficiary, to the extent reasonably possible, my
Personal Representative shall attempt, but not be obligated, to follow that
beneficiary's request.
D. Safekeeoin~: If any beneficiary of any item of tangible personal property aforesaid
has not yet attained the age of eighteen (18) at the time of my death, i direct that
rr {SEAL}
~~~~ ~,~
VERA E. SMITH
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Vera E. Smith ,
File No. 22-04-W
my Personal Representative, hereinafter named, to hold said items in safekeeping
for that beneficiary and to deliver the same to that beneficiary upon he or she
reaching age eighteen (18), or at such earlier age if my Personal Representative
deems the beneficiary to be of appropriate age and maturity to receive said items
of personalty. For these purposes my Personal Representative shall be entitled to
use or set aside from my Estate sufficient funds to provide for that safekeeping.
ARTICLE 8. SPECIAL BEQUESTS: I make no special bequest in my Will other than those to be
made pursuant to Article 7 herein.
ARTICLE 9. RESIDUARY ESTATE: The following shall apply regarding distribution of my
Residuary Estate:
A. I give, devise and bequeath my Residuary Estate to Warren Castaneira, provided he
survives me.
B. Should Warren Castaneira fail to survive me, the share distributable to Warren
Castaneira shall lapse, in which event, I then give devise and bequeath my Residuary
Estate to Allyson Hubler, provided she survives me.
ARTICLE 10. APPOINTMENT OF PERSONAL REPRESENTATIVE: The following shall apply to the
appointment of my Personal Representative:
A. I appoint Warren Castaneira as my Personal Representative.
B. Should Warren Castaneira predecease me, fail to qualify, cease to actor renounce the
appointment as my Personal Representative, Ithen appoint Allyson Hubler as my
Personal Representative.
ARTICLE 11. POWERS OF PERSONAL REPRESENTATIVE: In addition to the powers conferred
by law or under previous provisions of my Will, my Personal Representative shall have the
following powers:
A. Retention of Investments: To retain investments I may have at my death when
deemed advisable to my Estate or trust to do so;
B. Sale of Assets: To sell either at public or private sale any real or personal property
and to consummate said sale or sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title with special warranty, free and
clear of all trusts and without obligation or liability to the purchaser or purchasers to
see to the application of the purchase money or to make inquiry to the validity of the
sale or sales; and to make, execute, acknowledge and deliver any and all deeds,
assignments, options, or other writings which may be necessary or desirable in carrying
out any of the powers conferred upon my Personal Representative or otherwise;
C. Investment: To vary investments, when deemed desirable, then to invest in such
bonds, stocks, notes, real estate mortgages, or other securities, or in such property,
real or personal, as deemed wise, without being restricted to so-called "legal
investments" and without regard to diversification;
~,,~}Cti- ~ {SEAL}
VERA E. SMITH
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Vera E. Smith '
File No. 22-04-W
D. Management of Real Estate: To manage real estate;
E. Options: To exercise any option or rights arising from ownership of investments;
F. Compromise of Claims: To compromise claims without court approval and without the
consent of any beneficiary;
G. Disclaimer: To disclaim any interest in property;
H. Elective Share: To claim an elective share of the estate of any deceased spouse I may
have;
I. Joinder in Tax Returns: To join with any spouse I may have in the filing of any federal
income tax return for any year for which I have not filed such return prior to my death,
and to consent to the treatment of any gifts made by my spouse as being made one-half
by me for gift tax purposes notwithstanding the fact that such action may result in
additional liabilities for my Estate. Any income or gift taxes due on such returns and
any deficiencies, interest, penalties, or refunds thereon, shall be allocated between
my Estate and my spouse and my spouse's estate, or all to any of them, in such manner
as my Personal Representative and my said spouse may agree;
J. Payment of Cost and Expenses: To pay all costs, taxes, expenses and charges in
connection with the administration of my Estate or trust, including but not limited to
my last debts and all funeral expenses;
K. Division and Distribution: In Order to effectuate a division of the principal of my
Estate or of any trust or for any other purpose, including final distribution, my Personal
Representative is authorized to make such divisions or distributions of the personalty
and realty in kind or by way of liquidation thereof in whole or in part as my Personal
Representative may deem appropriate under the circumstances. If a distribution or
division is made in kind, said assets are required to be divided or distributed at their
respective values on the date or dates of their division or distribution.
ARTICLE 12. NO BONDING REQUIREMENT: I direct that my Personal Representative, or
successors, shall not be required to give bond for the faithful performance of their duties in any
jurisdiction.
ARTICLE 13. EXCLUSION: It is not my intention to make provision in my Wili for any relative
or any other person not expressly provided for herein, except for children born to or legally
adopted. by me after the date of this instrument. If any such person has not been expressly
mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his
or her relationship and existence, and not by any oversight or neglect.
ARTICLE 14. WILL CONTEST: In the event that any person, including a devisee, legatee or
beneficiary under my Will shall either directly or indirectly seek to establish or assert any claim
to my Estate, or any part thereof, not authorized by my Will, or seek to impair, invalidate, or set
aside the provisions of my Will, or to have any of the trust provisions or estate distributions
limited, declared void or diminished or to defeat or change any of the diapositive scheme of my
_ ~ {SEAL}
VERA E. SMITH
5
Vera E. Smith ~ `
File No. 22-04-W
Will, or shall endeavor to secure or take any part of my estate in any manner other than through
or under my Will, I hereby give, devise and bequeath to such person or persons the sum of Ten
Dollars ($10.00) and no more in lieu of any other share or interest in my estate. Provided further
that nothing in this Article contained shall prevent any beneficiary hereunder from bringing an
action against any fiduciary hereunder, for an accounting, nor from enforcing any statutory share
to which the beneficiary may be entitled.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of September, 2004.
WITNESS:
~ {SEAL}
VERA E. SMITH
6
Vera E. Smjth` .
File No. 22-04-W
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, VERA E. SMITH, Diane G. Radcliff, Esquire, and Robin Z. Gonzalez, the Testatrix and the
witnesses respectively, whose names are signed to the attached or foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as the Testatrix's Last Will and Testament and that the Testatrix had
signed willingly (or willingly directed another to sign for the Testatrix)., and that the Testatrix
executed it as the Testatrix's free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses
and that to the best of their knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
~~~• ~ {SEAL}
Sworn to and subscribed to
befor me this ,~ day
of , 2004.
~~~ '
NOTARY PUBLIC
My Commission Expires:
~M~NSNEALTH OF PENNSYLVANIA
Notarial Seal
MY~n'rr~Non C~n~~erfar~d
Member, Penmylwnl
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