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Home My WebLink About07-24-13 PETITION FOR GRANT OF LETTER� REGlSTER QF WILLS OF GUMBERLAND Ct)UNTY, PENNSYLVANIA Petitioner(s)named below,wha 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: Max J.Smith,Sr. Decedent's tnformation �" Name: Wallace K.Smith F�le Na: 21-13 �� O�� W�� (Assigned by Register) alltla: �w�� Social Secur�ty No: Date of Dea#h: 07/06/2013 Age at Death: 9T Decedent was domiciied at death in Cumberland CauntY, PA (State)wi#h hislher iast principal residence at 6225 W�Ison�ane,Mechanicsbu�g 17055 Lowe�Allen Cumberland Street address,Post Office and Zip Code Ciry,Township or Borough Counry Decedent died at 6225 Wilsan Lane,Mechanicsburg 17055 �ower Allen Cumbertand PA Street address,Post Office and Zip Code City,Township ar Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All persanal praperty $ 5,400.00 ' ff no�damiciled in Pennsy/vania................ Persanaf property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Yalue cf real estate in Pennsylvania................................................................... $ TOTAL ESTIMATED YALUE � 5,4QQ,Q0 Real estate in Pennsylvania situated at (Attach additio�at sheefs,if»ecessary.} Street address,Post Uffice and Zip Code City,Township ar Borough County �A. Petitic�n for Proba e and Grant of Letters Testa em ntarv Petitioner(s}aver{s}that he/she/they islare the Executor(s)named in the L.ast Will af the Decedent,dated 04/13/1995 and Codicil(s} thereto dated Kathleen W.Smith.soouse and first named Executrix.died on 11/19/2010 State relevant circumstances(e.g.,renunciation,death of executor,etc.) Except as foliows:after the execution of the instrumen#{s}offered far probate,Decedent did not mar ,was not divorced,was not a party ta a pending divorce praceeding wherein the grounds for divvrce had been established as defined in 23 Pa.C.S.�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 EXCEPTIt,�NS� EXCEPTlONS ❑B. Petition far Grant of Lettsrs of Adrninistr ion tIf aaplicc�ble} c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,duranfe absentia.durante minoritate If Administration,c.t.a or d.b.n.c.t.a.,enter date af Will�n Sec�ion A abtrve and camniete iist af heirs. Except as foHows:Decedent was not a party to pending divorce proceedin wherein the grounds for divorce had been estabfishe�as defined� in 23 Pa.C.S.§3323{g}and was neither the victim of a killing nor ever a�udicated an incapacitated person. n ,..--. � � r.,.�.� .� c7 �NO EXCEPTIDNS � EXGEPTIONS � '� �� Petitioner(s),after a proper search has/have ascertained that Decedent left na Will and was survived by the followi�spouse(if a, ^and heir��ttach addrtiorral sheefs,if necessary}: . r -;_ �.' --; � ��,. � t� . , t� �`�' � !� � ,...� � � '4� Name Relationship Address •- ` °'�� • - w•i F �--µ � ' :,-� - � ti� .. =�=� �� ' �..c-ry 'Y �wJ� � V t V Form RWO2 rev.10-i 1-20i 1 Capyright(c)2011 form software only The Lack�er Graup,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Max J.Smith,Sr. 6311 Blue Flag Avenue � ;:_.- �� Harrisburg,PA 17112 C �; 4;�� =�;; � :�`; �'� �'J —'� ��_ � `+� � �. ;� .., s^y j--� �y ��.._ tV . ..,; ,. , . .�.. . � w � �..� ;..�' C„ 4�,_r s° _ ._"� - `i j �.^ ` ""e - - �_, .,.. �� _.�1 C"°_ ' y ..�� d�,. 4i,."*� � + (�'� ` tl...i� . _ \�✓ �Y-y' -..� C.''3 � f The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition e tru nd correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)ofxh ced etitioner( II we nd truly inist the estate according to law. Swom to a i ed an subsc'bed before � Date � ��-2y�f�-- me thi ay Qf , ZO Date By. Date r Register Date BOND Required? � YES � NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 45.00 Attorney Si ture� ( 2 )Short Certificate(s)......... 10.00 f —� ( )Renunciation(s).............. l ( )Codicil(s)........................ ( )Affidavit(s)...................... i •� P inted Name: Edward P Seeber Bond............................................. Supreme Court Commission.................................. ID Number: 76084 Other Return Filing Fee 15.00 Firm Name: JSDC Law Offices InventorY Filing Fee 15.00 Address: Suite C-400 555 Gettysburg Pike Mechanicsburg,PA 17055 Phone: 717-533-3280 ` Automation Fee............................ 5.00 Fax: JCSFee....................................... 23.50 TOTAL......................................... $ 113.50 E-mail: epsGjsdc.com DECREE OF THE REGISTER Date of Death: 07/06/2013 Social Security No: Estate of Wallace K.Smith File No: 21-13�- a/k/a: AND NOW, � , ,in consideration of the foregoing Petition, satisfactory proof ha ing b resented before me,IT IS DECREED that Letters Testamentarv � are hereby granted to Max J.Smith,Sr. in the above estate and(if applicable)that the instrument(s)dated 04/13/1995 described in the Petition be admitted to probate and filed of record as the last il and Codicil(s)) Decedent. Register of Wills Copyright(c)2011 form soflware only The Lackner Group,Inc. P 9e 2 of 2 s �+�..�+.+�� c� ��_� _,,� :�:� r__. � �.,� c.�.� ; . �-..l . �.4� ... �_ �--.,.Y 1,r� . .. � ' ' � r� V�i `...��. �� .._* � � r—� ._._ .: . �i �_ . , _ . , ,..:M �-a�� d _ �? _�' `_� T ' ._''^—' F ��-t LAST WILL AND TESTAMSNT .� r = : ' - . y° `'♦ fa."�. 4 fy •�� i . �F : �';^? -i , - _... �,a . .��:a ' :. C._) ._ L WALLACE 1C. SMITH _ _L: ��; ,.�� ^� "��. � I, WALLACE K. SMITH, having my legal residence at 2110 Berryhill Street, Harrisburg, Dauphin County, Pennsylvania, do hereby� declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. I�� O�: I �irect tY-iat al� My jus� de�ts and the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM TWO: I give all of the residue of my estate, of whatsoever nature and wheresoever situate, to my wife, KATHLEEN W. SMITH, if she survives my death by thirty (30) calendar days. ITEM THREE: If my wife, KATHLEEN W. SMITH, does not survive my death, then I give all the residue of my estate, of whatsoever nature and wheresoever situate, to my grand- children, KEITH D. LOBEL, BRIAN R. LOBEL and CINDA D. LOBEL, IN EQUAL SHARES, PER STIRPES. ITEM FOUR: I appoint my wife, KATHLEEN W. SMITH, my Executrix. In case of her inability or unwillingness to act or to continue to act as my Executrix, I appoint my brother, MAX J. SMITH, SR. , Executor. I give to my said Executrix, in addition to the authority conferred by law, the power to sell any or all of my personal and real property at public or private sale, at such time and for such price and upon such terms and conditions as she may see fit, or in her discretion to retain the same for distribution in kind, and the power, but not the duty, to invest any cash without . M " . • � . �r ' , being limited to "legal" investments. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. I specifically authorize my Executrix to file a joint income tax return with my wife for any period during which such a return is permitted, without requiring her to sign an indemnification agreement. ITEM FIVB: I direct that all estate, inheritance and other taxes in nature thereof, together with any inter- est and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such prop- erty, whether under this my Last Will and Testament or otherwise, shall at any time be required to contribute to or refund any part thereof; PROVIDED, however, that this direc- tion shall not apply to the taxes on any property included in my estate solely because of a power of appointment there- over which I possess but have not exercised or on any quali- fied terminable interest or to any generation-skipping transfer taxes. ITEM SIZ: I realize that Executors and Trustees are given discretion by law to make various elections which affect the income and estate taxes payable by estates, trusts and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, select- ing options for the payment of employee death benefits, -2- . ^� � ' . - , ` � � . electing to take qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The deci- sions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affect- ed persons; PROVIDED, however, that if a corporate fiduciary is serving, its decision shall also be binding upon any individual co-fiduciary. I rely upon Yay fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and princi- pal as a result thereof. IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this ��'��' day of �Q��_ 1995 set m hand and seal , i i y to this my Last Will and Testament sisting of four (4) pages. . ...-G�'�c� WALLACE K. SMITH � SIGNED, SEALED, PUBLISHED and DECLARED by WALLACE K. SMITH, 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. � r � ;. Residence G`f�� '�..�r�� rfs��r , ��- _ ��c�. �. IL�Ir.�4 Res idence �1�, ��,,�,�`�o�-� .N�c,�s►..�.��_�� -3- —> ., - •. • ... - � ' . ACRNOWLEDGEMBNT We, WALLACE K. SMITH, MAX J. SMITH, JR. and ALISA M. KUNKEL, the Testator 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 Testator signed and executed the instru- ment as his Last Will and Testament that he had signed willingly (or willingly directed another to sign for him) , and that he executed it as his free and voluntary act for ��i� purposes therein expressed, and that each of the wit- nesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and unde�'cons raints or undue inf luence. �,,,,�-'r � �� ' � � � �- -�'.�� TATOR ' ' ., , � �� . WITNESS �na V�.i . V.�..��c,�.Q WITNESS Subscribed, sworn to and acknowledged before me by WALT.�ACE K, SMIT�; t�e Testat�r, •ar� su��cribed and sworn to before me by`Max J. Smith, Jr. and Alisa M. Kunkel, witness- es, this 1 3 � day of C�_�� , 1995. --� /�� :f ,�,,, ,� �.. � . � .�..,� 1 NO � PUBLIC NOTARIAL SEAl. CHERYL t. N�.aRH00D, Notary Public Derry T:�rp., Dauphin County, Pa. HUy Commission Expires Dec. 25, 1995 -4-