HomeMy WebLinkAbout07-24-12 (2)
1505611180
-~ REV-1500 ~ l°2_„> tFl)
Pennsylvania OFFICIAL USE ONL
PA Department of Revenue DEPARixEM OF kEVENVE County Code Year File Number
Bureau of Individual Taxes INHERITANCE TAX RETURN
PO BOX 280601
Harristwrd. PA 17128-0801 RESIDENT DECEDENT 21-11-1055
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
186-24-9138 09222011 10241930 ~~
Decedent's Last Name Suffuc Decedent's First Name MI
SMITH, SR. LEROY D
(If Applleable) Enter Surviving Spouse'g Information Below
Spouse's Last Name Suffix Spouse's First Name 'i MI
it
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE ~IVITH THE
REGISTER OF WILLS I~
FILL IN APPROPRIATE BOXES BELOW ii
® 1. Original Return ~ 2. Supplemental Return 0 3. Remainder Rptum (Date of Death
Prior to 12-1311 2)
4. Limited Estate 0 4a. Future Interest Compromise (date of 0 5. Federal Estat~ Tax Return Required
death after 12-12-82)
L~ 8. Decedent Died Testate ~ 7. Decedem Maintained a Living Trust ^ 8. Total Numllerio f Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust) ~
0 9. Litigation Proceeds Received 0 1 D. Spousal Poverty Credit (Date of Death ~] 11. Election to T under Sec. 9113(A)
Between 12-31-91 and 1-1-95) (Attach Schad M 0)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFRIENTiAL TAX INFORMATION SHOULD BE DB2ECTED T
Name Daytime Telephone umber
F~.a
Cp
STEPHEN D. TILEY 717-243 8
REGIS 1):/ILLS U NL ..:-,
m N U'
~; ~.
First Line of Address .;_T
`~ ~~
~
g~ D --r~
~
5 SOUTH HANOVER STREE ~
G .
Second Line of Address MI
~ v ~"-
/1
.~ to t
C3~
Cit
or Post Office DAT FILED
y
State ZIP Code
CARLISLE PA 17013 I~
I
Correspondent's a-mail address: II
Under penalties of perjury, I dedare that I have examined this return, including accompanying schedules and statements, and to the best my knowled a and beige.',
it is true correct and corn lets. DeGaration of re aver other than the al resentalive is based on all informadon of which re are has an knowled e.
SIGNATUR F P SO ESPO ISLE FOR FILING RETURN _ (DATE
~ ~
ADDRESS
Michael a 348 OLD STATE ROAD GARDNERS PA 17324 8 JEFFREY a 32 CENTER ST. LOT 6 MT. HOLLY SP
SIGNATU OF P PARER THE$jHAN R PRESENTATNE AT
~ G ~
ADDRESS
STEPHEN D. TILEY 5 SOUTH HANOVER STREET CARLISLE PA 1701
PLEASE USE ORIGINAL FORM ONLY i
I
Side 1 !
1
1505611180
__ 15O561118 I(p
i
J 1505611280
REV-1500 F~( (FI)
Decedent's Sobial Security Number
Decedent's Name: LEROY D SMITH SR. 186-24-'9138
RECAPITULATION
1. Real Estate (Schedule A} ........................................ . 1. 10 3 8 0 0.0 0
2. Stocks and Bonds (Schedule B) ................................... . 2. N 0 N E I'
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) .. . 3. N 0 N E
4. Mortgages and Notes Receivable (Schedule D) ....................... . 4. I' 21 O 2 5 . O D
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) ... . 5. I 6 0 2 3 7 . O D
6. Jointly Owned Property (Schedule F) CJSeparate Billing Requested ..... .. 6. N 0 N E
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) Separate Billing Requested .....
.. 7.
N 0 N E i
8. Total Gross Assets (total Lines 1 through 7) ...... ... .. 8 185062 00
9.
Funeral Expenses and Administrative Costs (Schedule H) ...............
. 9. ii
~' 8386 . DO
10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) ........... . 10. ' 875.00
11. Total Deduetioos (total Lines 9 and 10) ............................ . 11. ~ 9 2 61.0 0
12. Net Value of Estate (Line 8 minus Line 11) .......................... . 12. ' 175801 . O^
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
I
an election to tax has not been made (Schedule J) ............. . . . .... .. 13. ', O , O ^
14. Net Value Sublect to Tax !Line 12 minus Line 13) ..... .. . , _ .. 14. _ ', 17 5 8 01.0 0
TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable at
the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .0 ~ 15.
16. Amount of Line 14 taxable
at linealratex.0 45 175801.00 ts.
17. Amount of Line 14
taxable at sibling rate X # # # 17.
18. Amount of Line 14 taxable
at collateral rate X # # # 1 g,
19. TAX DUE ...................................................... .19.
20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
L 1505611280
Side 2
o.0a
7911.05
_. __ 0...0Q_.
o.aa
~~ 7911.05
i D
1505611280
REV-1500 EX (Fq Page 3 Fils Number 186-24-9138
Decedent's Complete Address: ~1.11_,nsF
DECEDENTS NAME
LEROY D SMITH SR.
STREET ADDRESS
45 PINE GROVE ROAD
I
CITY
GARDNERS STATE
!I
PA ZIP
17324
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19)
2. Credits/Payments
A. Prior Payments 6500.00
B. Discount 342.10
3. Interest
(1) ~ 7911.05
I
Total Credits (A + B) (2) 6842.10
(3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in twx on Page 2, Line 20 to roquest a refund. (4) 0.00
5. If line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) ~~ 1068.95
Make check a able to: REGISTER OF WILLS AG
p y ENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROf~RIATE BLOCKS
1. Did decedent make a transfer and: es No
a, retain the use or income of the property transferred ................................................................................ ....... ^
b. retain the right to designate who shall use the property transferred or its income .................................... ......
c. retain a reversionary interest ................................................................................................................... ....... I~^
d. receive the promise for life of either payments, benefits or care? ............................................................ ...... ~!~^
2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death
ith
t
i
i
d
w
ou
rece
v
ng a
equate consideration? .................................................................................................... ......
3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? ...... ......
4. Did decedent own an individual retirement account, annuity or other non-probate property
which
,
contains a beneficiary designation? ...................... ......... ...,...................... ......... ....... ... ...... Q ® .
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE R AS BART OF THE RETURN.
_ ~,
For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or fot the use of the surviving
spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)].
For dates of death an or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving~pouse is 0 percent
[72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory require ents for disclosure of
assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an
adoptive parent or a stepparent of the child is 0 percent [72 P.S. §9116(a)(1.2)J. !I
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as note in [72 P.S. §9116(a)(1)).
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §91160(1.3)]. A sibling is
defined, under Seetion 9102, as an individual who has at least one parent in common with the decedent, whether by blood r adoption.
III
I
REV-1502 EX+ (01-10)
pennsylvania SCI-rEDULE A
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN REAL ESTATE
RESIDENT DECEDENT
ESTATE OF: .FILE NUINBER:
Leroy D Smith. Sr. 21-11-105
All real properly owned solely or as a tenant In wmmon must be reporbd at taM market value. Fair market value is defined 'the price at which property
would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable kn ledge of the relevant facts.
Real property that la joiMlyowned with rl M of aurvivorehlp must be disclosed on Schedule F.
Attach a copy of the settlement sheet ff the property has been sold.
ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE
NUMBER DESCRIPTION ~ OF DEATH
1. 45 Pine Grove Road, Gardners, PA 17324
Titled to Leroy D. Smith and Joyce M. Smith, husband and wife I',
Deed Reference: Book "J," Volume 19, Page 321 ~
Joyce M. Smith died February 5, 1999
Cumberland County Tax Parcel No.: 08-38-2175-008 ~~
Year 2010 Assessment: $103,800 ~! 103,800
(No CLR Factor for year 2011. Predetermined Ration 100% Year 2010 value.) i
See copy of deed attached as Farhibit "H" ~i,
TOTAL (Also enter on Line 1, Recapitulat
If more space is needed, use. additional sheets of paper of the same size.
lal
REV-1507 Ex+(8.98) SCHEDULE D
COMMONWEALTH OF PENNSYLVANIA MORTGAGES Sc NOTES
INHERITANCE TAX RETURN RECEIVABLE
RESIDENT DECEDENT
ESTATE OF FILE NUMBE
i e...., n c...,a c.
_ _ _ _ _ _ _ G 1 ~ ~ 1 ~ 1 V J N '
All property jointly-owned with right of survivorship must be dfscloaed on Schedule
17EM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. Installment Promissory Note between decedent and beneficiary Jeffrey L. Smith ~~
Dated January 10, 2004. Without Interest 11,025
2. Demand Note between decedent and beneficiary Michael E. Smith ~
Dated September 26, 2007. Without interest
__ _ _ 10,000
~I
I'~
!~
ii
II
TOTAL (Also enter on line 4, Recapitulation) S I 21,025
pr more space is needed, insert additional sheets of the same size) '
-
_ _
REV-,sosEx+l,,.,ol SCHEDULE E
Pennsylvania CASH, BANK DEPOSITS, ~ MISC.
NHERITANCE TOAX RE URN PERSONAL PROPERTY '~.
RESIDENT DECEDENT
Leroy D Smith, Sr. 21-11 1055
Include the proceeds of litigation and the date the proceeds were received by the estate.'.
All property jointly owned with right of survivorship must be disclosed on Schedule
ITEM VALUE AT DATE
1 Household Personal Property
See List Attached as Exhibit "A"
2 ACNE Bank Accounts (Checking, Savings, and CDs)
See Schedue E-1
3 Automobile Insurance Refund
4 Comcast Refund
5 Insurance Proceeds -Automobile totaled at death
6 Sale of 1979 Ford F-150 Pick-up Truck
7 Cash
8 Claim against estate of Leroy D. Smith, Jr., and wife
Claim filed but deemed worthless
9 Automatic Deposit to Decedent's personal checking account after death
ACNB Bank Account No. 610461
TOTAL (Also enter on line 5, Recapitulation) $
If more space is needed, use additional sheets of paper of tfie same size.
3,205
52,708
339
47
3,695
200
5
0
38
60,237
Schedule E-1
ESTATE OF:
LEROY D. SMITIi, SR.
SCHEDULE E-1
2011
22-Sep ACNB Bank Checking Account No. 610461 -See Exhibit "B"
(Closed 10/7/11 and deposited to Estate Checking Account)
Accrued Interest to date of death
22-Sep ACNB Bank Savings Account No. 9071717 -See Exhibit "C"
(Closed 10/7/11 and deposited to Estate Checking Account)
Accrued Interest to date of death
(Interest Posted 10/7/11 = $5.72)
(Days 4/29/11 to 10/7/11 = 161)
(Daily Interest ($0.03553)
(146 days 4/29/11 to DOD 9/22/11)
(Daily Interest x 146 = $5.19)
22-Sep ACNB Bank $5,000 CD No. 138707 -See Exhibit "D"
(Redemed 4/18112 & Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 12/8/11 = $12.48)
(Days 9!8111 to 12/8111 = 91)
(Daily Interest ($0.13714)
(14 days 9/8/11 to DOD 9/22/11)
{Daily Interest x 14 = $1.92)
22-Sep ACNB Bank $10,000 CD No. 141199 -See Exhibit "E"
(Redemed 4!18/12 &r. Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 11/16/11 = $25.22)
(Days 8!16!11 to 11/16!11 = 92)
(Daily Interest ($0.27413)
(37 days 8/16/11 to DOD 9122/11)
(Daily Interest x 37 = $10.14)
22-Sep ACNB Bank $10,000 CD No. 141245 -See Exhibit "F"
(Redemed 4/18/12 &Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 11/16/11 = $25.22)
(Days 8/16/11 to 11/16/11 = 92)
(Daily Interest ($0.27413)
(37 days 8116111 to DOD 9122/11)
(Daily Interest x 37 . $10.14)
22-Sep ACNB Bank $10,000 CD No. 145033 -See Exhibit "G"
(Redemed 12/8/11 & Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 12!6/11 = $24.95}
(Days 9/6/11 to 12/6/11 = 91)
(Daily Interest ($0.27418)
(16 days 9/6/11 to DOD 9/22/11)
(Daily Interest x 16 = $4,39)
FILE NO.:
,21-11-1055
2,268.89
0.00
.5,40751
5.19
.00
1.92
10.14
1 ,000.00
10.14
10,000.00
4.39
i
i
i
ii
52 08.18
~I
Page 1
REV-1607 EX+(6-96) c^uCD~~C D
COMMONWEALTH OF PENNSYLVANIA MORTGAGES & NOTES
INHERITANCE TAX RETURN RECEIVABLE
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Lero D Smith Sr. 21-11-1055
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. Installment Promissory Note between decedent and beneficiary Jeffrey L. Smith
Dated January 10, 2004. Without Interest II, 11,025
2
Demand Note between decedent and beneficiary Michael E. Smith
Dated September 26, 2007. Without Interest
TOTAL (Also enter on line 4, Recapitulation) $ I~
(If more space is needed, insert additional sheets of the same size) '
',
10,000
21,025
REV-1508 EX+(11-10) SCHEDULE E
pennsyldania CASH, BANK DEPOSITS, & MISC.
DEPARTMENT OF REVENUE PERSONAL PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT '.
ESTATE OF: FILE NUMBER:
Leroy D Smith, 5r. 21-11-1055
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION ~ OF DEATH
1 Household Personal Property
See List Attached as Exhibit "A"
2 ACNB Bank Accounts (Checking, Savings, and CDs)
See Schedue E-1
3 Automobile Insurance Refund
4 Comcast Refund
5 Insurance Proceeds -Automobile totaled at death
6 Sale of 1979 Ford F-150 Pick-up Truck
7 Cash
8 Claim against estate of Leroy D. Smith, Jr., and wife
Claim filed but deemed worthless
9 Automatic Deposit to Decedent's personal checking account after death
ACNB Bank Account No. 610461
38
TOTAL (Also enter on line 5, Recapitulation) $ I', 60,237
If more space is needed, use additional sheets of paper of the same sae. ~,
3,205
52,708
339
_. _ 47
3,695
200
5
0
Schedule E-1
ESTATE OF:
LEROY D. SMITH, SR.
SCHEDULE E-1
2011
22-Sep ACNB Bank Checking Account No. 610461 -See Exhibit "B"
(Closed 10/7/11 and deposited to Estate Checking Account)
Accrued Interest to date of death
22-Sep ACNB Bank Savings Account No. 9071717 -See Exhibit "C"
(Closed 10/7/11 and deposited to Estate Checking Account)
Accrued Interest to date of death
(Interest Posted 10/7/11 = $5.72)
__ (Days 4/29/11 to 10/7/11 = 161)
(Daily Interest ($0.03553)
(146 days 4/29/11 [o DOD 9/22/11)
(Daily Interest x 146 = $5.19)
22-Sep ACNB Bank $5,000 CD No. 138707 -See Exhibit "D"
(Redemed 4/18/12 & Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 12/8/11 = $12.48)
(Days 9/8/11 to 12!8/11 = 91)
(Daily Interest ($0.13714)
(14 days 9/8/11 to DOD 9/22/11)
(Daily Interest x 14 = $1.92)
22-Sep ACNB Bank $10,000 CD No. 141199 -See Exhibit "E"
(Redemed 4/18/12 & Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 11/16/11 = $25.22)
(Days 8/16/11 to 11/16/11 = 92)
(Daily Interest ($027413)
(37 days 8/16/11 to DOD 9/22/11)
(Daily Interest x 37 = $10.14)
22-Sep ACNB Bank $10,000 CD No. 141245 -See Exhibit "F"
(Redemed 4/18/12 & Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 11/16/11 = $25.22)
(Days 8/16/11 to 11/16/11 = 92)
(Daily Interest ($0.27413)
(37 days 8/16/11 to DOD 9/22!11)
(Daily Interest x 37 = $10.14)
22-yep ACNB Bank $10,000 CD No. 145033 -See Exhibit "G"
(Redemed 12/8/11 & Deposited to Estate Checking Acct.)
Accrued Interest to date of death
(Interest Posted 12/6/11 = $24.95)
(Days 916/11 to 12/6/11 = 91)
(Daily Interest ($0.27418)
(16 days 9/6/11 to DOD 9/22/11)
(Daily Interest x 16 = $4.39)
F$LE NO
21',-11-1055
Ili
,268.89
', 0.00
i
1$,40751
i
I 5.19
I
i
_._
1(
x,000.00
1.92
10.14
10.14
10, IQ00.00
I
~~ 4.39
-~-
52,"~08.18
Page 1
REV-1511 EX+(10-09)
pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATNE COSTS
Leroy D Smith, Sr. 21-11-1055
Decedents debts must tie repotted on Schedule I.
A. FUNERAL EXPENSES:
1. !
i
~I
i
B. ADMINISTRATIVE COSTS:
1. Pensonal Representative Commissions:
Name(s) of Personal Representative(s)
.Street Address
Ciiy State ZIP __y
Year(s) Commission Paid:
2.
3. Attorney Fees: Frey & Tiley '
Famiry Exemption: (Ii decedents address is not the same as GaimenYs, attach explanation.)
Claimant 7,250
i
Street Address
City State ZI8 ~_
Relationship of Claimant to Decedent
4. Probate Fees: 316
5. Accountant Fees: Frey & Tiley i
6. Tax Return Preparer Fees: Frey & Tiley
I
7. Cumberland Law Journal -Advertising
',
I 75
8. The Sentinel -Advertising 190
9. I
Recorder of Deeds -Record Deed of Distribution !
68
10. Met-Ed (Electric for house) ($63.14 + $2.36 + $69.08) ',
~ 135
11. WoIPs Fuel Oil & Gas (Oil for house) ($206.30 + $135.79)
~~~ 342
12. Register of Wills -Filing Fee -Claim against estate of Leroy D. Smith, Jr. 21-12-0277 ~~, 10
.TOTAL Also enter n e R i I~
( o Lln 9, ecapdulat on)
$ 8,386
tr more space is neeaea, use aaa¢lonal snee[s or paper or [ne same s¢e.
I
:_ !
REV-1512 EX+(72-08)
pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULEI
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES & LIENS
ESTATE OF FILE NUMBER
REV-1513 EX+ (01-10)
Pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE)
BENEFICIARIES
ESTATE OF: FILE NUMBER:
I prnv n Cmi#h Qr '
--'- - -....... _.. Cl-it-1V~b
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not Llst Tnutee(s) ~ OF ESTATE
TAXABLE DISTRIBUTIONS prrdude outright spousal distributions and transfers under
Sec. 9116 (a) (1.2).J 'I
1 Michael E. Smith ~
348 Old State Road, Gardners, PA 17324 Son 50 Percent
2 Jeffrey L. Smith
32 Center Street, Lot 26, Mt. Holly Springs, PA 17065 Son ~ 50 Percent
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUG H 18 OF REV-1500 COVER SH ~ET, AS APPROPRIATE.
II MOM-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
II
Ili
TOTAL OF PARY II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVE
R SHEET.
$i
0.00
,~ ~~ ~~,e apace s neeaea, use aaamanai sneers or paper or the same size.
LAST WILL AND TESTAMENT
OF
LEROY D. SMTTH
I, LEROY D. SMTTH, widower, of 45 Pine Grove -Road, Gazdners, PA 17324,
Cumberland County, Pennsylvania, being of sound and disposing mind~+•• memory and
understanding, do hereby make, publish and declare this as and for my Last Will and Testament
hereby revoking and making void any and all Wills by me at any time heretofore made.
1. I direct my hereinafter-named Executors to pay all of my just debts and funeral
expenses as soon after my dehth as may be found convenient to do so. I direct that all
inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon,
which may be payable on account of my death shall be payable from the residue of my estate
regardless of whether the assets upon which such taxes are based are included in my probate
estate. I direct my Executors contact Hollinger Funeral Home and Crematorium where I have
made funeral arrangements.
2. I declare that I am an unmarred widower, and that I have two living children,
MICHAEL SMITH, and JEFFREY SMITH. I further declaze that my son, LEROY D. SMITH,
JR., predeceased me.
3. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath in equal shares to such of my
children as shall survive me by a period of ninety (90) days, the share any deceased child would
have received to pass to his issue per stirpes, and if there be no such issue said shaze shall lapse
and be added to the remaining share. At the present time I have two sons, MICHAEL SMITH
and JEFFREY SMITH as stated above.
4. I have intentionally made no providsion for the children of my deceased son, Leroy D.
Smith, Jr.
5. I hereby nominate, constitute and appoint my sons, MICHAEL SMITH and JEFFREY
SMITH, as Co-Executors of this my Last Will and Testament, but should any of them predecease
me or fail to qualify, the remainder of them shall serve as Co-Executors, and I further direct that
none of them shall be required to post any bond to secure the faithful performance of his duties
in the Commonwealth of Pennsylvania or in any other jurisdiction
6. In addition to the powers conferred by law, my hereinbefore named Guardians
Executors and Guardians of an estate of a person less than 21 years of age aze empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are
.authorized for the. investment of trust funds under the laws of any governing jurisdiction:
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or
sale of the property of any such corporations; to make any surrender, exchange or substitution of
such stocks, bonds or other securities as an incident to the merger, consolidation or
reorganization of such corporations; to pay all assessments, subscriptions and other aums of
money which may be deemed wise and expedient for the protection and maintenance of the
proportionate interest of the investment in such corporations; to exercise any option or privilege
which may be conferred upon 'the holders of such stocks, bonds, or other securities of such
corporations either for the conversion of the same into other securities or for the purchase of
additional securities, and to .make any and all necessary payments which may be required in
connection therewith; and generally to have and exercise as to all such stocks, bonds and other
securities, the powers of an individual owner who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated Funds in which separate
shares shall have undivided interests. ~ b~
d. To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts
of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
< ;~.'-
f. To compromise, settle or arbitrate any claim or demand in favor of or against
the trust estate.
g. And authorized in the dischazge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be chazged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal
or income such other reasonable expenses and charges as may be necessary and proper to incur
for the proper dischazge of fiduciary duties and for the proper management and administration of
the trust estate.
h. In making any division of property into shares for the purpose of any
distribution thereof directed by the provisions of the trust, to make such division or distribution,
either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient,
and in making any division or distribution in kind may allot any specific security or property or
any undivided interest therein to any one or more of such shares, and to that end may appraise
any or all of the property so to be allotted and the judgment as to the propriety of such allotment
and as to the relative value for purposes of distribution of the securities or property so allotted
shall be final and conclusive upon all persons interested in the trust or in the division or
distribution thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time
of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual
funds as may be deemed advisable or proper, irrespective of whether the same aze authorized for
the investment of trust funds under the laws of any governing jurisdiction.
I. To determine from time to time whether all or some portion of realized capital I,
gains shall be .treated as ordinary income for distribution to a beneficiary or treated as principal
to be retained as part of the corpus, and such designation need not be consistent from one year to
another
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and i
Testament written on two (2) pages, this 1T" day of Febnuuy,.201 L
~~~nw D (SEAL)
LEROY .SMITH
Signed, sealed, published, and declazed by LEROY D. SMITH, the Testator above named,
as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and
in the presence of each other, have.hereunto subscribed our names as attesting witnesses.
~,
r
1
1
1
3
1
1
1
1
5
5
1
1
1
1
1
gooseneck rocker
cushion cfralr
lamps
6 drawer dresser
wood ~ovre
Inc~lren table >E 6 chairs
ret'rigerabor
gas cook stave
box of cooking >4 sating rrterwiis
boxes pots ~ pans
pieces of cast iwn cookdrrg p~
boxes of bowls ~ plates ~ cups
confisrrts of china closet
china closet
rrratal closet
bedroom sus
oak dresser
bass truck coNection
riding lawn mower
total
.T'v
st'e. R~ v
5100
534
160
575
5300.
5125 '~,
5150 ',
Sits '~
55tk I,
1100
5250
550
500 j
5200
515
5275
5100
5600
1100
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ibo ~g
Tax Parcet No.: 08-38-2175-008.
THIS INDENTURE
f~
MADE THE ~~ day of !r'>~/ in the year of our Lord twa thousand twedve (2012)
BETWEEN MICHAEL E. SMITH of 348 Old State Road, Gardners, PA 17324, and
JEFFREY L. SMITH of 32 Center Street, Lat 26, Mt. Holly Springs, PA 17065, Co-Executors
of Estate of LEROY D. SMITH, a1kla LEROY D. SMITH, SR., late of Dickinson Township (4S
Pine Grove Road, Gardners, PA 17324), Cumberland County, Pennsylvania, party of the first
part,
AND GRANTOR,
MICHAEL E. SMITH of 348 Old State Road, Gardners, Pennsylvania 17324, and
JEFFREY L. SMITH of 32 Center Street, Lot 26, Mt. Holly Springs, PA 17065, parties of the
second part, as equal tenants in common and not as joint tenants with the right of survivorship,
GRANTEES,
WHEREAS, Leroy D. Smith, a/k/a Leroy D. Smith, Sr., died on September 22, 2011,
seized in fee of the hereinafter described real estate, and by his Last Will and Testament dated
February 17, 2011, since his death duly proved and remaining of record in the Register of Wills
Office, in and for Cumberland County, at Carlisle, Pennsylvania, and filed to estate File No. 21-
11-1055, provided, inter alia as follows:
"5. I hereby nominate, constitute and appoint my sons,
MICHAEL SMITH and JEFFREY SMITH, as Co-Executors of this my
Last Will and Testament, but should any of them predecease me or fail to
qualify, the remainder of them shall serve as Co-Executors, and I further
direct that none of them shall be required to post any bond to secure the
faithful performance of his duties in-the--Commonwealth of Pennsylvania .. _ _.
or in any other jurisdiction.
6h. In' making any division of property into shares for the
purpose of any distribution thereof directed by the provisions of the trust,
to make such division or distribution, either in cash or in kind, or partly in
cash and partly in kind, as shall be deemed most expedient, ..."
WHEREAS, Letters Testamentary in the estate of Leroy D. Smith, a/k/a Leroy D.
Smith, Sr., were issued by the Cumberland County Register of Wills to Michael E. Smith and
Jeffrey L. Smith on October 7, 2011, without the requirement that any bond be posted by them,
which Letters Testamentary remain in full force and effect, and,
WHEREAS, the said Leroy D. Smith, a/k/a Leroy D. Smith, Sr., died the unremarried
widower of Joyce M. Smith, who died on February 5, 1999, and,
WHEREAS, the hereinafter described real property was not specifically devised but is
included in the residuary devise set forth in paragraph three of the decedent's said Last Will and
Testament, as amplified by paragraphs two, three and four of said Will, as follows:
Pnge 1 of 3
2. I declare that I am an unmarried widower, and that I have two
living children, MICHAEL SMITH, and JEFFREY SMITH. I further
declare that my son, LEROY D. SMITH, JR., predeceased me.
3. All of the rest, residue and remainder of my estate, real,
personal and mixed, and wheresoever the same may be situate, I give, devise
and bequeath in equal shares to such of my children as shall survive me by a
period of ninety (90) days, the share any deceased child would have received
to pass to his issue per stirpes, and if there be no such issue said share shall
lapse and be added to the remaining share. At the present time I have two
sons, M[CHAEL SMITH and JEFFREY SMITH as stated above.
4. I have intentionally made no provision for the children of my
deceased son, Leroy D. Smith, Jr.
NOW THIS INDENTURE WITNESSETH, that the Grantor for and in consideration of
the premises, does hereby grant and convey, and release and confirm; unto the said Grantees,
their heirs and assigns, as equal tenants in common,
ALL the following described property situated in the Township of
Dickinson, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point in the center of State Highway;. thence
running by land formerly of W. M. Trump North 59S~z degrees West 114
feet to a point in the center of said Highway; thence running by land of
said W. M. Trump, North 24 degrees East 3885 feet to an iron pin; thence
running by same, South 583/s degrees East, 114 feet to an iron pin on the
South side of G & H Railroad; thence running by land of Ira Bair, South
24 degrees West, 388 feet to a point in the center of Highway, the Place of
BEGINNING.
CONTAINING 1 acre 2 perches and 156 square feet.
HAVING erected thereon a three room frame dwelling house.
KNOWN AS and numbered 45 Pine Grove Road, Gardners,
Cumberland County, PA 17324.
ALSO known as Cumberland County Uniform Parcel Identifyer
No.: 08-38-2175-008.
BEING the same premises which George Smith and Stella M.
Smith ,husband and wife, by deed dated May 23, 1956 and reocrded
September 5, 1959, in the Office of the Recorder of Deeds, in and for
Cumberland County, at Carlisle, Pennsylvania in Deed Book "J," Volume
19, Page 321, granted and conveyed to Leroy D. Smith and Joyce M.
Smith, husband and wife.
THE SAID Joyce M. Smith died on February 5, 1999, thereby
vesting the entire fee simply title in the above described premises in her
surviving husband, Leroy D. Smith, whose estate is the Grantor herein.
TOGETHER with all and singular ways, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise
appertaining, and the reversions and remainders, rents, issues and profits thereof; and also all
the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever of
the snid Leroy D. Smith a1k/a Leroy D. Smith, Sr., at and immediately before the time of his
death, in law, equity ar otherwise howsoever, of, in, to or out of the same:
Page 2 of 3
TO HAVE AND TO HOLD, the said buiddings, hereditaments and premises hereby
granted and released, or mentioned and intended so to be, with the appurtenances, unto the said,
Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees,
their heirs and assigns, forever.
AND the said Grantor does covenant, promise and agree, to and with the said Grantees
their heirs and assigns, by these presents, that he the said Grantor, has not done, committed, or
knowingly or willingly suffered to be done or committed, any act, matter or thing whatsoever
whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached,
charged or encumbered, in title, charge, estate, or otherwise howsoever
WITNESS the due execution hereof the day, month and year first above written.
WITNESS: /
,/~ % ,~
Commonwealth of Pennsylvania
County of
'~a~dterl~ ~ J.sc~ (SEAL)
Michael E. Smith, Co-Executor of the Estate
of Leroy D. Smith, a/k/a Leroy D. Smith, Sr>
Deceased
Ft°'il1C"'A'~~ C~ ~p~.~ . (SEAL)
Jeff L~Smit~,, Co-Executor of the Estate
of Leroy D. Smith, a/k/a Leroy D. Smith, Sr,
Deceased
}ss.
h 3U
On this, the o!'-d day of May, 2012, before me, the undersigned officer, personally
appeared M/CHAEL E. SMITH and JEFFREY L. SMITH, Co-Executors of the ESTATE of
LEROY D. SMITH, a/k/a LEROY D. SMITH, SR., late of Dickinson Township, Cumberland
County, Petutsylvania, Deceased, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the same in
the capacities therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, !hereunto set my hand and official seal.
1 I e3.~_(SEAL) _
mr~rwr~v
I do hereby certify that the preci a resid nc and complete post office address of the
within named Grantees is ,~ y~ F/~~ .S~a~ rC~~:~r~ ~y,~~~re'/as ~~,~
/ 7J.~ ~!
~,~ ~; ,
Stephen D. Tfley, Esquire, n.ts '
Attorney for Grantees
Page 3 of 3
r~;
. ,;.
COMMOI~N.'EALTH OF PENhS"LVANIF.
DEPAP,TMENT OF P,E\ chUE
6UP.EAU OF INDIIrIDUkI Tk);EE
D"PT 280603
FEALTY ~R.~~IS~E~. ~~~
~1`AT~~~Ef~~ 0 ~ ~'A.~fl~
I RECORGE(;'S USE Oh~LI' I
~ I Sara rtecor oeo
HARRISBUP.G, PA 17128-0603 S~Ee ~E'~'ErEE fc~r 6nsfruetiatts ; ~
i
Complete each section and fife in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed
is without consideration, or by gift, or (3) a taz exemption is claimed. A Statement of Value is not required if the transfer is vrholly exempt from tax
based on: il) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s).
A. GC16~~E5P~Q[~D~E~[1` - ~@E ucriQt~eroes ~a~ Ise cC~cecired f•o fEve ~a~~davfr~rug p~trrsacs:
Name Telephone Number: i
Stephen D. Tiley Area code l71 7 I 1243-5838
Street Address City State Zip Code
5 South Hanover ST. Carlisle PA ~ 17013
g Ti RA~65EER ®~-~A Date a Acceptance of Document 1 2
Grontor(sJ/Lessor(s) Grantee(tJ/Lessee(s)
Smith
Steer Address Street Address
5 South Hanover St. 348 Old State Rd.
City State Zip Coe Ciry State Zip Code
Carlisle PA 17013 Gardners PA ' 17324
C P9tO&~EPt'~'Y L®CAg80~1
45 Pine Grove Road
land
Dickinson
Carlisle Area
08-38-2175-008
D VAB.P.BAVBON ®AFA
_ -tt-
103,800 ~x 100 ~- 103,800,
E E%EMPYIOLV ®ATiA
la. Amount o Exemption C aims 16. Percentage of Interest Conveys.d ',
IUV~ I tUVb I
2. Cbeck Appropriate Box Seiow for Exemption Claimed
® Will or intestate succession Leroy D. Smith 21 -1 1 -1 055
INeme of Ds eMl IEnote File Numberh
^ Transfer to Industrial Development Agency.
^ Transfer to a trusT. (Attach complete copy of trust agreement identifying all beneficiaries.)
^ Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
^ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in I'ryeu of condemnation.
(If condemnation or in lieu of condemnation, attach copy of resolution.)
^ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number ,Page IfJumber
^ Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
^ Statutory corporate consoliP~ation, merger or division. (Attach copy of articles.)
^ Other .(Please explain exemption claimed, if other than listed 'above.)
Under penalties of taw, f declare that i have examined this Statement, including accompanying information, and to the best of my knowledge
and belief, it is true, totted and complete.
Signature of Comeapondant or Responsible Party -Date
-- / ~? p'
FAIt_URE TCi COIt/iPLEFE THIS FORftre PROPERLY CrR ATTACK APPLICABLE DCSCU/JtEhtFAT[Of~! CJiAY RESULT IN THE RECORDE 'S REFUSAL
TO RECORD THE DE"cD.
1'"H,.
~~~~
ROBERT P. ZIEGLEIt
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201216089
Recorded On 5/30/2012 At 1:30:19 PM
* Instrument Type -DEED
Invoice Number -109443 User ID - KW
* Grantor - 5MITH, LEROY D
* Grantee -SMITH, MICHAEL E
* Customer - LEROY 5MTTH
* FEES
STATE WRIT TA% $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $12.50
RffiCORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOVSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $0.00
DISTRICT
DICKINSON TOWNSHIP $0.00
TOTAL PAID $63.00
* Total Pages - 5 ~ ~'
Certification Pagge
DO NOT DETACH
This page is now Fart
of this legal document.
__
I Certify this to-be recorded 'j
in Cumberland County PA !,
~d~~-/°
.RECORDER O D DS
* -Information denoted by an asterisk may change during
the verification process and may not be reflected on~this page.
i
'003RC4
III IIII~IIII11f ~i11111~i1
~~~
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