HomeMy WebLinkAbout06-18-13 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below,and in support thereof aver(s)the
following and respectfully requests the grant of Letters in the appropriate form:
Lemar K.Smith.Jr.
DecedenYs lnformation -
Name: Lemar K.Smith,Sc File No: 21-13 — �1�
a/k/a: . (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 05115f2013 Age at Death: 88
DecedeM was domiciled at death in Cumberland County, pq �State)with his/her last
principal residence at 765 Pennsylvania Avenue,Lemoyne 17U43 Lemoy�Borough Cumberland
Stree[adtlress,PostOK�aentlZipCode Ciry,TOwnshiporBOrough County
Decedent died at 1205 South 28th Street,Harrisburg,1711� Harrisburg Dauphin PA
Sireetaddrass,POSt�ceantlZipCotle City,Townshipor8orough County State
Estimate of value of decedenYs property at death:
/fdomiciled ln Pennsylvania...................... All personal property $ 13 000.00
Ifnot domiciled in Pennsylvania................ Personal property in Pennsylvania $
lfnot domiciled in Pennsylvania................ Personal property in County $
Valueofrea/estateinPennsylvania................................................................... $
TOTAL ESTIMATED VALUE $ 13,000.00
Real eslate in Pennsylvania situa[etl at
(AHech atlditional sheets,i/necessary)
SVee�atltlress,Posf Offce antl Zip Cotle Ci�y,Township or BomuBh CouOty
�q. Petition for Pro6ate and Grant of L-tt r�T tam .n nrv
Petitioner(s)aver(s)that helshe/they islare the Executor(s)named in the Last WIII of the Decedent,dated 03/21I2073 and Codicil(s)
thereto dated
State relevant circumstances(e.g.,renuncation,tleafb o�execuror,efc)
Except as follows:after the execution of the instrument(s)offered for probate, Decedent did not marry was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.QS.y�3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS � EXCEPTIONS
❑ B, petition for Grant of Lstters of Administretion (If applicable}
c.f.a.,tl.b.n.,d.b.n.c.ta.,petlente lite,durante absentia.durente minoritate
If Adminislreiion,c.ta or d.b.n.c.t.a.,anter date of Will in Section A ahove and comolete list of hars.
Except as follows:Decedent was not a party to.pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the wctim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS Q EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the folloy�iqg spouse(if �ny anQRley�(attach
additiona/sheets,i/necessary): C ;n �
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Form RW02 rev.70.1 b10f f Copyright(c)2011(orm sofiware only The Lackner Group,Inc PaBe 1 of 2
Oath of Personal Representative OHicialUseOnly
COMMONWEALTHOFPENNSYLVANIA }
} SS:
COUNTY OF Cum6erland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Lemar K.Smith,Jr. 25 Grinnel Drive .�;
Camp Hill,PA 77071 p ° �
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The Petition8r(s)above-named s+,vear(s;or affirtn(s)the statements in the ore ing Petition are true and correct to the best of the knowledge and
belief of Petitione�(s)arid that,as Personal Representative(s)of the De de , P tioner(s)will well and truly administer the estate accord� g t law.
Swomto E��rmedan subscribedbefore /� oa�e > 2a/
me tb'�,s�A_p nCsry�jof/�r'` 'f�,.Q .G� oace
BYaI[W I.K X Y.S v`-" Date
Fortheftedister _�� . Date
BOND Required? ❑ YES � NO To the RegisterofWil/s:
FEES: I
Please enter my appearance by my signature below:
Letters.......................................... $ r�l �� (S(� AttorneySlgnffiure: -
( � )ShoR Certificate(s)......... ,� / (1
( )Renunciation(s).............. /�r�i
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Edward P Seeber
Bond.............................................
Supreme CouR
Commission.................................. ID Number: 76084
Other
J� Firm Name: JSDC Law Q�ces
1 Address: Suite C-400,555 Gettysburg Pike
i 555 Gettysburg Pike
Mecha�icsburg,PA 17055
Phone: 717-533-3280
Automation Fee............................
JCS Fee....................................... ,
Fax:
TOTAL......................................... $ � E-mail: eps@jsdc.com
DECREE OF THE REGISTER
Date of Death: 05I75/2013
Social Security No:
EsWte of _Lemar K.Smith,Sc File No: 21-73
a!kla: i1
AND NOW, i , lJ ,in considerafion of the foregoing Petition,
satisfactory proof having been presented before me, I71S DECREED that Letters Tesfamentarv
are hereby grented to Lemar K.Smith,Jr.
in the above estate and(if applicable)that the instrument(s)dated 03/21/2073 �
described in the Petition be admitted to probate and filed of record as the Iast Will(and Codicil(s))of Oece nt. .
gister of Wills /y'� .
CopyrigM(c)2011(ortn so(tware only The Lackner Gmu�� �K�1. Page 2 of 2
�
LAST WILL AND TESTAMENT
OF
LEMAR K. SMITH SR
I, LEMAR K. SM1TH, SR., having my legal residence 765 Pennsylvania Avenue,
Lemoyne, Cuxnberland Counry, Pennsylvania, hereby declare this to be my Last Will and
Testament,revoking all other Wills and Codicils heretofore made by me.
ARTICLE ONE � ^_=
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I declare that I am married to HELEN J. SMITH (my"spouse"). � ° �_ � �
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�TicLE Two �..
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I have three(3) children whose names and dates of birth aze as follows: ;-� =_'_ � =3 .� �
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NAIVIE DATE OF BIRTH '.,., -i c-, �_' rr�
:.� rv �� o
LEMAR K. SMITH,JR. August 11, 1946 `"' '' `
RONALD S. SMITH July 12, 1948
LESLIE K.REISCH March 23, 1959
Any references in this document to my descendants are to these children and their
descendents.
ARTICLE THREE
I direct the payment from my estate of the expenses of my last illness and funeral as soon
after my death as conveniently may be done.
ARTICLE FOUR
I direct that a11 estate, inheritance and other taxes in the nature thereof, together with any
interest and penalries thereon, becoming payable because of my death with respect to the property
constituring my gross estate for death tax purposes, whether or not such proper[y passes under this
Will, shall be paid from the principal of my residuary estate, and no person receiving or having a
beneficial interest in any such property, whether under this Will or otherwise, shall at any time be
required to contribute to or refund any part thereof; PROVIDED, however, that this direction shall
,
not apply to the ta�ces on any property included in my estate solely because of a power of
appointment thereover which I possess but have not exercised or on any qualified terminable
interest or to any generation-skipping transfer taxes.
ARTICLE FIVE
I intend to leave a memorandum which will direct the distribution of certain items of
tangible personal properiy, and I request that my wishes as set forth in said memorandum be
followed, To the extent that my tangible personal property is not disposed of by memoranduxn, I
give all of the tangible personal property that I own at my death, including any household furniture
and fumishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and
collections, wearing appazel, and other articles of personal and household use, equipment and
ornament, and a11 insurance thereon to my spouse,HELEN J. SMITH,provided she survives me by
30 days. If my spouse fails to survive me by 30 days, I give all such items, in equal shazes, to my
children, LEMAR K. SMITH, JR., RONALD S. SMITH, and LESLIE K. REISCH, per stirpes, to
be divided among them as they are able to agree, If my children or their descendants are unable to
agree as to the distribution, all such items sha11 be sold and the proceeds distributed with the residue
ofmy estate.
ARTICLE SIX
I give the rest, residue and remainder of my estate, of whatsoever nature and.wheresoever
situate to my spouse, HELEN J. SMTI'H, provided she survives me by 30 days. If my spouse fails
to survive me by 30 days, I give the rest, residue and remainder of my estate, in equal shazes, to my
children, LEMAR K. SMTTH, JR.,RONALD S. SMITH, and LESLIE K. REISCH,per stirpes.
ARTICLE SEVEN
If any such descendant of mine has not reached the age of 25 years, then distribution of his
or herlshare shall be made instead to the custodian for that descendant under the Pennsylvania
Uniform Transfer to Minors Act, and a11 provisions of that Act as they exist at the time of this Will
shall apply to the distribution. If necessary for legal transfer to that custodian, my Executor shall
convert the assets in that descendant's share to cash or securities.
' . ,
ARTICLE EIGHT
No beneficiary or remainderman under this Will or any codicil hereto or any trust created
hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or
any tnzst created hereunder in any manner, nor shall any interest of any beneficiary or
remainderman be subject to claims of his or her creditors or liable to attachment, execution or other
process of law.
ARTICLE NINE
Should the payment of expenses, claims and ta�ces from any Qualified Retirement Plan or
Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be
disqualified as a "Qualified Beneficiary", it is my intent, and I hereby direct that, to the extent
practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or
IRA assets.
ARTICLE TEN
I appoint my son, LEMAR K. SMTI'H, JR., as Executor of my Will. If he is unable or
unwilling to serve, then I appoint my daughter; LESLIE K. REISCH, as Executrix of my Will.
I give to my Executor, in addition to and not in limitation of the powers given by law or by
other provisions of this Will, the following powers with respect to settlement of my estate to be
exercised from fime to fime in the discretion of my Executor, without further order or license of the
Register of Wills or of any court:
A. To retain any property, pending distriburion hereunder, to invest in
or purchase any property.without restriction to legal investments for fiduciaries, to
distribute property in kind, to compromise claims, and to sell.any property.at public
or private sale;
B. To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
C. To engage in litigation and compromise,arbitrate or abandon claims;
D. To make distributions in cash, or in kind at current values, or partly
in each, allocaring specific assets to particular.distributees on a non-prorata basis,
and for such purposes to make reasonable determinafions of current values;
E. To make elections, decisions, concessions and settlements in
connection with all income; estate, inheritance, gift or other tax retums and the
payment of such taaces, without obligation to adjust the distributive shaze of income
or principal of any pzrson affected thereby;
F. To invest and reinvest in every kind of property and investment
wMch persons of prudence, discretion and intelligence acqwre for their own
accounts;
G. To manage, control,repair and improve all real property;
H. To procure and catry at the expense of the estate insurance of the
kinds, forms and amounts deemed advisable by the Executor to protect the Executor
and the estate against any hazazd;
I. To pay all taaces, assessments, fees of the Executor and all otlier
expenses incurred in the collection, care, administrafion and protection of the estate;
J. To exercise such powers, herein conferred, until final distribution of
the estate assets; and
K. To do al] the acts, to take all the proceedings, and to exercise all the
rights, powers and privileges which an absolute owner of the property would have,
subject aiways to the dischazge of their fiduciary obliga6ons; the enumeration of
certain powers in this Will shall not limit the general or implied powers of the
Executor;the Executor shall have all additional powers that may now or hereafter be
confeired on them by law or that may be necessary to enable the Executor to
administer the estate in accordance with the provisions of this Will, subject to any
limitafions specified in this Will.
No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall haue any liability for any mistake or error of judgment made in good faith.
My Executor shall receive reasonable compensation for services performed as determined
by the court in which this Will is admitted to probate.
I realize that Executors are given discretion by law to make various elections which affect
the income and estate tases payable by estates and beneficiaries, as well as the relarive shazes of
beneficiaries, such as taking administration expenses as deductions fot either estate or income tas
purposes, selecting options for the payment of employee death benefits, electing to take a qualified
ternunable interest as part of the marital deduction, selecting altemate va7uation dates, postponing
the payment of taaces, filing joint income taY or gift ta�c returns and redeeming corporate stock. The
decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to
question by, any affected persons. I rely upon my fiduciaries to take into consideration the total
income and estate tares payable by reason of their decisions including those payable by my
survivors, and they aze authorized in their discretion,but not required, to make adjustments between
income and principal as a result thereof.
ARTICLE ELEVEN
In the event that my spouse and I die simultaneously or that the order of our deaths is
uncertain, I shal]be deemed to have survived my spouse.
IN WITNESS WHEREOF, I have set my hand and seal to this Will, consisting of five(5)
�
pages this�Sday of March,2013.
ti. D a
���'/ 4�/ ;1.�
LE K. SMTTH, SR.
SIGNED, SEALED, PUBLISHED and DECLARED by LEMAR K. SMTI'H, SR., the
above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his
request and in his presence, and in the presence of each other, have hereunto subscribed our.names
as witnesses.
Residence �i�.v.( c� �/� � 7p y,��-
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I C Residence kf"10�C(� v �'�(,��' '�
ACKNOWLEDGEMENT
COMNIONWEALTH OF PENNSYLVANIA .
: SS:
COUNTY OF CUMBERLAND .
We, LEMAR K. SMITH, SR., �vwX /. 7�S�nd
C��� (��d;�Testator and witnesses, respectively, whose names are signed to the
attached and foreg ing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the Testator signed and executed the inshument as his last will and that he had signed
willingly,and that he executed it as his free and voluntary act for the purpose therein expressed,and
that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses
and that to the best of hislher knowledge the Testator was at that time eighteen yeazs of age or older,
of sound mind and under no constraint or undue influence.
C'�� �'V �% ���v1i�� ��
� LEMAR K. SMITH, SR.
TESTATOR
WTI'NESS
TTNESS� �
Subscribed and swam to and acknowledged before me by LEMAR K. SMITH, SR., the
Testator, and subscribed and sworn to before me by_�6�� ;�o rr-Q � D ,� and
—�S1CG� {�'1 �,L�-��— , witnesses, onthis�( N' dayofMarch,2013.
pq��i(W�p�fi�{�jF PENNSYLVANIA � �
� Notarial5eal
Cheryl L.Baker,Notary Public �
Upper Allen Twp.,Cum6etland Counq p t Ut111C
My Cammisslon E�cplres]an.13,2015 �'
MEMBER 7ENNSVLVAN/A ASSOCfA710N OF MOTARIf:S -