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HomeMy WebLinkAbout08-23-13 ____ _ _ 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 there:of aver(s)the following and respectfully requests the grant of Letters in the appropriate form: Aaron C.Jackson DecedenYs Information Name: Carol lorreine Smith File No: 21-13 �'�il,�� a/k/a: Carolyne L.Cibart Swartley Smith and Carolyne L.Smith and (Assigned by Register) a/k/a: Carolyne S.Smith a/k/a: Social Security Na: Date of Death: 07I31I2013 Age at Death: 74 Decedent was domiciled at death in Cumberland County, pq (Sfate)with his/her last principal residence at 3620 Logan Court,Unit 7-C,Camp Hill 17011 Hampden Township Cumberland Street atltlress,Post Office end Zip Cotle City,Township or Barough County Decedent died at 3620 Logan Court,Unit 7-C Hampden Township Cumberlarnd PA Sheet atltlress,Post Offlce antl Zip Cotle Cily,Tamehip or Borough Counry Stata Estimate of value of decedenYs property at death: If domiciled in Pennsylvania...................... All personal property $ Itnot domiciled in Pennsylvania................ Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania................ Personal property in County $ Value ot real estafe in Pennsylvania................................................................... $ TOTAL ESTIMATED VALUE 5 ���1�� Reales�a�einPennsylvaniasiWateEat 3620LoganCourt,UniV-C,CampHill 17011 HampdenTOwnship Cumberland �arceon aaart�o�ai:n�a,a��ssa.v.� �py�y4 SWte Street,Harrisburg, PA City of Harrisburg Dauphin Street atltlress,Pwt OHice ena Zip Code Ci�y,Township or Borough Counfy � A. Petition for Probate and Grent of Letters TesWmentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 06@7/2013 and Codicil(s) thereto dated State releven�cimums�ances(e.g.,renunaafion,deafh ol execubr,ek.) Except as follows: after the execution of the instrument(s)offered for probate, Decetlent did not mar 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.C.S.$��3323(g),and did not have a child born or adopted;and Decedent was neither the vidim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS � EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) et.a.,tl.b.n.,tl.b.n.c.t.a.,petlentelite,tluranteabsentia.du2nteminorRafe If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and comolete list of heirs. 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.QS. §3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. c� - �NO EXCEPTIONS � EXCEPTIONS zr: `_'' _ � Petitioner(s),a(ter a proper search has/have ascertained that Decedent left no Will and was survived by the follpy�inqEpouse(ii any)and hei/s(attach additional sheets,if necessary): - � � - �. _ t,,. Name Relationship Address o ,, . .�, c.� Form/�W�2 rev.10-01-2011 Copyrighl(c)2011 fortn saf[ware anly The Ladner Group,Inc. Pega 1 ot 2 Oath of Personal Representetive oh���a�usao��y GOMMONWEA�TNOFPENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner{s}Printed Name Petitioner{s}Printed Address Aaron C.Jatksoa 2 Lemoyne Drive,Suite 200 �-i - Lemoyne, PA 17043 �= ,_, -- -�� �� � ;� __ rn _; ; _ :.o < r- c- , � 7.r,. .:. .::.�.:i .. 'x ,_` -:..; .._.. � " � �.. , ,. , ,. - .._.: � �.. � 'T �..:.; ' ' ., :i:» i'� ,.. ..�: vi >� The Petitioner(s)above-named swear(s)or affirm(s}the statements in the faregoing Petition are true and correct to the bext of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)oC th enl, Petitioner(s)w II and truly administer thei estate aacordin to law Sworn ta a crmed an bscriaed befqre ���� osie Z-� � me thi y pf � � _ oa�e BY; _ Date F e Registei _ Date BOND Required7 ❑ YES ❑ NO To the RegisterofWills: Please enter my appearance by my signature Uelow: FEES; LeUer�5......_............_._.................. $ •�0 AttorneySignBture: ti Short Certificate s - ( J ) ( )......... ( )Renunciation{s).............. t 7�QdiciM(s}.__...._......_..... ( )Affidavitis) Printed Name: Krixten Lieb Esq. Bond...................................�......... Supreme Court Commissioa._....._..-.._._.............. ID Number. 3153T3 Other Firm Name: Tucker Arensberg,P.C. f�� -/�r Address: 2 Lemayne Drive ��� Suite 200 Lemoyne,PA 17tl43 Autpmation Fee............................ , :0 O phone: 71�-234�4721 JC5 Fee........_..._._._..........._.._. Fax: 717-232-6802 TOTAL._..._....................._........_ $ E-maii: klie6�tuckeriaw.com DECREE OF THE REGISTER Date af Dsath: 0Tt31J2Q13 Social Securiry No: Estake of Carol Lorreine Smith File No: 7!1-13 "— .2� aJk1y; Carol ne L Cibart Swartle Smith and Caroi e L.Smith aad Caroi ne S.Smitt� � AND NOW, , ,in considera#ion ot the foregoin9 Petition, satisfactory proof ha ing een presented before ma,IT IS DECREED that Letters 7estamenWry are hereby granted to Aaron C.Jackson in the above estate and(if applicable)that the instrument(s)dated O6/27/2019 desoribed in the Petition be edmitted to probate and filed of record as the ill(an Codi s))oC Decede . ^ ! 7 1��, �2C ' RegisterofWills /J/ /' � Capydgh�(c)2011 fotm softwa�e only The Leckne�6roup,Ina ! �L ��: Pagd 2 ot 2 ��f�� i�,_., . � � °;;�°,.' � Last Will c `' �� m of n� - � _ Carol Lorraine Smith ' ` � , � , <� _-�� � , . ,,. �' o � . I, Carol Lorraine Smith, also known as Carolyne L. Cibart Swartley �'inith, a� � resident of Cttmberland Co�mty, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Last Will. Article One Family Information [ vn married to M. Dudley Smith, Jr. Any reference in my Will to my husb�and is to M. Dudley Smith, Jr. I have specifically not included any bequest or gift to my husband's son, Charles Robert Smith. Article Two Specific and General Gifts Section 2.01 Specific Distribution to the Program for Female Offenders If my husband has predeceased me, then upon my death, I give $10,000 to the Program for Female Offenders, located in Pennsylvania, or its successor in interest, to be used for its general charitable purposes. If my husband survives me, this gi8 will lapse, and this property instead will be distributed under the other provisions of my Will. If the Program for Female Offenders no longer exists, and has no successor i�1 interest or its successors in interest cannot be identified with reasonable certainty, thiis gift will tapse, and the property subject to this gift instead will be distributed under thc other provisions of my Will. Last Will of Carol Lorraine Smith Page 1 Sectian 2.02 Specific Distributian to Harrisburg Symphony If mv Izusband has pret3eeeased me, then upon my death_ I give $10,OOf} tc� Flai�eisburg Symphc�uy, located in �Iarrisburg, Pennsylvania, or its successor in interest, to be used for its gener�l charitable purposes. [f my husband sun�ives me, this g'rfit will lapse, anci this �roperty insteac�wil] be distribuYcd under the other provisions of my Will. If the Harrisburg Sympt�ony no longer 4xists, anct has no suecessor in in.terest or its suceesst�rs in iflterest cam�ot be ideiltifed w�ith reasanable certainty, this gift will lapse, and the property subject to this gift instead will be distributed undcr the othe:r provisions c�f my Will. Section 2.03 Dispasition of Tangible Personal Property [ give all my taz7gi6le persut�al praperty, tt�gether with any insurance polieies �;a�aring the property and any clalms under those policies in xccordance with a "Men7orandum for Distribution of Personal F'ropert'y" or other similar writing i{irecting the disposition of the progerTy, Any r��riting prepared according to this provision must I�E: c3ated and signed by rnc. Section 2.8d Gontingent Distribution of Tangible Personal Property I give any tang'rble personal properte not disposed of by a written memoraridum to my husbanci, if he sur�ives me. If he daes not surrive me, the property will be di.stributed as part of tny residuary estate. Article Three My Residuary Esta#e Section 3.d1 Definition uf My Residuary Estate All the remainder of my cstate, ineluding property referred to above that is not effeetitielyz disposed of, �v�ili be referred to in my V+rill as my"residuary�estaie.°' Section 3.42 Dispositian of My Residuary Estate If my husband survives me, my residuary estaYe shall be administered as provided in Article Four entittad "The Spausal Trust," If my husband predeceasas me, my residutuy estafe shall b� administered as provided in ,Article F'3ve entitled "Distributic�n to My F3c^neficiar�ies." Last Will af Caral Lorraiue Smith Page 2 Article Four The Spousal Trust I give the Marital Share to my Trustee in trust to hold and administer as provided in this Article. The trust will be reterred to as the "Spousal Trust." Section 4.01 Distribution of Income and Principal In addition, my Trustee may distribute to my husband as much of the income and principal of the Spousal Trust as my Trustee determines is necessary or advisable for the health, education, maintenance and support of my husband. My "I'rustee's discretion on this matter is sole and absolute. Section 4.02 Termination of the Spousal Trust at the Death of My Husband l he Spousal "I'rust will terminate upon the death of my husband, At such time, my 1'rustee shall administer the remainder of the Spousal Trust as provided in Article Five entitled "Distribution to My Beneficiaries." Article Five Distribution to My Beneficiaries I'he Distribution to My Beneficiaries will be distributed under the terms of this Article. Section 5.01 Division of Remaining Trust Property My Executor or my Trustee, as the case may be, shall divide and distribute all property allocated to this Article into shares as fo]lows: Last Will of Carol Lorraine Smith Page 3 _ Name Relationship Share Kichard Dudley Smith Step-son 22.5% Sandra G. Tarlton Sister 35% Candace Bancroft McKinnis Husband's Niece 20% Justin McKinnis Urand Nephew 3% Valerie Smith Baneroft Sister-in-law 3°/o Debra Kowe Sheaffer Foster L>aughter 2% Rhonda Rowe Benkowitsch Poster Daughter 2% Janet Caultield Housekeeper 1% Virginia A. Roth Business Partner 5.5�/o Amber Gail Holmes Niece 3% Michael Lloyd Tarlton Nephew 3% Each benef iciary's share will be distributed to that person,j�er stirpes. Article Six Remote Contingent Distribution If, at any time, there is no person or entity qualified to receive final distribution of my probate or trust estate or any part of it, then the portion of my probate or trus�[ estate with respect to which the failure of qualified recipients has occurred shall be disCributed one- half to those persons who would inherit it had I then died intestate owning the property, and one-half to those persons who would inherit it had my husband then died intestate owning such property, all as determined and in the proportions provided by the laws of Pennsylvania then in effect. Last Will of Carol Lorraine Smith Page 4 Article Seven Designation of Fiduciaries Section 7.01 Executor I name Aaron C. Jackson as my Executor. If Aaron C. Jackson fails or ceases to act as my F,xecutor, I name Sandra G. 'Tarlton as my �xecutor. Section 7.02 Trustee I appoint Aaron C. Jackson as my Trustee to serve as Trustee of any trusts created under my Will. If Aaron C. Jackson fails or ceases to act as Trustee, I appoint Sandra G. 7�arlton as my Trustee. Article Eight Trust Administration Provisions I�he provisions of this Article pertain to any trust created under my \Uill. Section 8.01 Resignation of a Trustee A 'frustee may resign by giving writtan notice to the lncome Beneficiaries of the trust and to any other Trustee then serving. Lip��❑ the resignation of a Trustee, the resigning Trustee may, appoint the resigning Trustee's successor as Trustee. If the resigning Trustee fails to make the appointment, the other provisions of this Article regarding Trustee succession shall gove�rn, and the next named successor or successors to the resigning 'I'rustee will serve in the order listed. Section 8.02 Removal of a Trustee A "I'rustee named under this Last Will may be removed only for cause shown. Section 8.03 Default of Designation Any beneticiary may petitic�n a court of competent jurisdiction to appoint a successor I'rustee to fill any vacancy remaining unfilled after a period of 30 days. I,ast Will of Carol Lorraine Smith Page 5 Section 8Ad Notice of Removai and Appointment Notice of remava] must be in writing and deliverec3 to the Trustee being removed. The notice c�f remov,�xl wiil be eftectivc in aceordance with its provisions. 1v'otice af appointment must L�e in writing and delivered te� the suceessor Trustea The appointnlent will become effective at the time of acceptanc� by the quccessn�° Trustee. Sec#ion 8.05 Appaintment of a Gotrustee Any inclividual T'rustee may appc7int an individu�l or a cor-�orate ticiuciary as a CoYrustee. A Cotrust�ee so named will serve<,anly as I�ng as the Trustee who appointed Che Catr��stee (or, if the Cotrustee was named by more than one Trustee acting [��gether, by the last to serve of"those '1'rustees) serves, arid that C;otrustee will nok become a successor 'I'rtistee upon tt�e death, resignativn, or ineapacity of the Trustee wha appointed Ehe Cotrustee, unless �;c> appointed under the terms of my Will. 'T'he Trustce appo'rrrting a C'c�trustee may revoke t��e appointment af any time with c>r without cause. Section 8.06 Exoneration of My Trustee My Ttustee is nc�t abiigated to eYamine The accounts, recc7rds or actions of any� previons fiduciary. My 'I'rustee is in no way or rnanner to be held respvsrsible for any act or omission to act an the part of any previous flduciary. Unless n�y Trustee has received nt�tice of eemoval„ my Trustee may not be held liable to any beneficiary for the c<>nsequences ol'any action taken by my Trustee that would have been, bz�t for the pric�r remc�val oi'my Tn�stee, a �raper exercise t�y� �n}r 'Crustze of#he 3uthority granted to my 1'rustee under my Will. My Trustee may requcst and abtain from The benaficiaries ar from their legal representatives, agreeme��ts in writing releasing my Truste� from any liability that may have arisen frorrr my Trustee's acts or omissions t� act arld indemttifying my Trustee #'rc�m liabilil}r ft�r the acts ar �missions. An agreentent d�scribed in this paragfaph, if acquired from all the liv'rng beneficiaries of my Will or from their legal representatives, will be conclusiv� and brnding upo�� all parties, born or unborn, who may havr�, or may in the future acqnire, an interest in my 1�v'ill. Section 8.07 Trust Accoun#ing Txcept tt�the exte nt requircd byT law, mp 'Z`rustee is not required to file aceountings in any jurisdicti�7n. Dpe>n the written request of an Income Beneliciary of a trust cre,ated ixnder rny Will, my Trustee musY render an accoanting ta the Incame Benc^ficiaries of that' trust during Ehe aecounting period thaT ineludes tha date of the written reqikest. L.ast Will af Caral Lorraine Smith i Page b In the absenee c�f fraud or manitest err��r, the a�,senC by all Income Ben�ficiaries to a '1'rustee's accounting will make the maYtars disclosed in the aoconnting binding and conclusite upon a11 persons, including those li�ing an the date of my G['ill an�� those Yo be born in the future who have, or will in the future have, a vested or contingent interest in the trust property. In Che casE of an T7lcome B�neficiary who is a minor or �vho is ineapaciTated, that beneficiary's natural guardian ar legal representatiee may giv� thz assent required under this Seetion. tl beneficiary may objeci to an accounting rendered by my Ttustee tmly if the beneficiary gives written natice t� my Trusfee wi1�hin 60 days after my Trustee renderw the accounting. Any beneficiary who does not submit a written <�bjection to the �ecounting is deemed to asseni to the a�;countiz�g. My Trustee is not required to furnish any information regarding rny trust to �nyone other than a benetieiary, 1VZy `frustee may exetude any infocriiation that my Trustce determinas is not direc#ly applicable to the beneficiary receiving the in�f��rmation. Sectian 8A8 Authority to Terminate Trusts If�, at ar�y time, rny Independenk Trustes, in its sole and absolute tliscretion, determines that a trust ereaCed undar m5 Wi11 is no longer eccmomical or is atherwise inadvisabie to adminiscer as a trust, or if my Inc�ependent Truseue deems it to be in the bcst interesY of tny benc�ficiaries, my Indapendent Trustee, without further responsibility, n�aiy terminate the trust and disu•ibute the trust property, including any undistribuEC�d net income, in the following order s7f priority: To my husband, ifthen a beneficiary of the trust; II" my hu�;band is not then a beneficiary of the trust, to thc benefici�aries then entit9ed to mandator}f distributions af net inoome of Che trust and in the same proportions; and If none e�f the benefieiaries aze entitled ta mandatc�rF distributians of net income, to the beneficiaries then eligibte to receive discretic�nary dr'stribuYians of net income of the t�rust, in such amoiAnts and shares as my Independent Trlistee may determinc. Article Nine General Administrative Pravisions The pravisions of this Article apply to my probate estate and to an�� trust cre,ated under my Witl. Last Will of Carol Lorraine Smith � Page 7 Section 9.01 No Bond No Fiduciary� is required to fumislz any band I:or the faithful performance oi' the Fiduciary's dutie;s, uniess requirad by a court of c�mpeteait jurisdicCion and only if the court finds that a bond 'rs needed to protect the interests of the benetrciaries. No surety is r�quired on anti bond required by any taw or rule c}f court, anless the caurt specifies Chat a surety rti necessary. Section 9.02 Delegation of Authority; Power of Attorney Any Fiduciary may, by an instrument in writing, dc�legate ta any other Fiducilrv the right to exercise any �ower, including a diseretionary power, �ranted the Fidnc3arv in my Will. Any Fiduciary rnay also execute a Powar of Attc�rney vesting in an agent the authcrrity granted in this Will. Article Ten Powers of My Fiduciaries Sectian 10.0"I Fiduciaries' Powers Act �Ty Fiduciaries may, withaut prior authoriry from any court, exercise all powers conferred by my Will or by cornmon law or by Pennsylvania EyTates and Fiduciaries C ode or uther statute c7f` the Commonwe2ilth of Pe�nsylvania or anv ather jtirisdiction ti�hose law• applics to my Wili. My Executor has txbsolute discreti<an in extrcisin� these powers. Excep't �s specifically 1'rrnitcd by my Will, these powers extend ta all property heid by my fidueiaries �mtil the actual distribiztion of the prr>perty. Article Eleven Pravisions for Payment af Debts, Expenses and Taxes Section 11.01 Payment of Debts and Expenses I direct that ali my legally enforceable debts, secured and tuisecurect, be paid as soc�n as practicable afrer n1y death. LasC Will ofCaro( Lorrau�e Smith Page 8 5ection 11.02 'No Apportionment ExcepY as atherwise provided in Yhis Artiole ar elsetivhere in my wit1, my Executor shall proviile for payment of�ll estatc, inherit�t�ce and succession taxes payable by reasrrn of my deatl� ("deaCh taxes") from my residtitary esYate as an administ�rative expense wit�hout apportionment and u ill not seek contribucion taward or recoti�erv of any death tax paymei�ts from ttny individual. Section 11.03 Payment af Gharitable Bequests My Executor shall make all charitable distributicrns, to the extent possibls, fr�m property t�3at cansYitutes `incame in respect of a deeedant' as that term is defined under the tJ.S. income tax laws, and the distribution will qualify for the ineome tax chariYa�ille deduction under Section 642(c)(5) �7f the Internal Revenue C,ode, as Thc same may be arrtended from 2ime to time. Article Twelve General Provisions Section 12.01 Cremation lnstructions I wish Chat my remains ba cremated in accordance with any knawss instructiions left by n1e, whether in writing or oraHy given Icr any family member. If I have faiied to icave i��truetic�t�s regarding the cremation of my remains, I wish Chat my remains tte crernated and my ashes disbursed a� mv Exeoutor sees fit. Sectian 12.02 Contest Pravision 1f any person directly or indirectly attempYs to eontest or o�rpose the validity of my Wi11, (including any e<rdicil to my Will}, or c<�mmences, continues or �7rosecutcs any legal proceed'rngs to set my Will asid'e, then that person will forfeit his or her share, cease to have any right or interest in tny esYate, and will, for purposes of my u%ill, b� deemtd to havc predeceased me. Section 12.43 Survivarship Presumption �f my husband anci I die under circumstanoes in wh�ich the order of c�ur deaths cannot be established, I wili be deemed to ]7ave survived my l�usband. Pf any otkrsr beneficiary is living at my death, but dies within 30 days thereaf�te�r, then the beneficiary will bc deemed to have*predeceased me 'far all pu�poses of my Will, Last Wili of Carol Loxraine Smith Page 9 I, Carol Lorrainc Smith, having signed this Will in the presence of��� (_', Sk,f�r}-Z and /�n�yela �-;�/Ces who attested it at my request on this day, June 29,�013 at Camp Hill, Pennsylvania, declare this to be my Last Will. 8 1 % /-f��.t l �SL".�r�!kn.o.w�� . . Caro .o rr aine Smith, Testatrix 7 he above and foregoing Will ot� Carol Lorraine Smith was declared by Carol I,orraine Smith in our view and presence to be her Will and was signed and subscribed by the said Carol Lorraine Smith in our view and presence and at her request and in the view and presence of Carol Lorraine Smith and in the view and presence of each other, we, Che undersigned, witnessed and attesYed the due execution of the Will of Ca�°ol Lorraine Smith on this day, June 2�! 2013.ty�' � � J �a � ' residing at i� �'`��� �'a��`j �l R . _ + � residing at _ �ne%c. Jr'�3 Last Will of Carol Lorraine Smith Page 10 PENNSYLVANIA SELF ALITHENT[CATING AFFIDAVIT COMMONWEAL'I'H OF PENNSYLVANIA COUNTY OF CUMBERLAND � I, Carol Lorraine Smith, the testatrix whose name is signed to the attached �or foregoing instrument, having been duly qualified according to ]aw, do hereby ackno��ledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Carol Lorraine Smith, the testatrix, this day, June�2013. � �� � � / � ` f!w'�i Y�'�,,a,,,�:``aJ'°�"% Ca�,orraine Smith, Testatrix �_'�����.v--��� Signature of ofticer n ��"o�-� �� oi co Seal and official capacity of officer COMMONWEALTH OF pENNSYLVANIq Notatlal5eal Pauline Catti Thomas,Notary Public M Commisslon Fx tres MarcA Z4 2015 MFM!!R,PlNNSYLVANIA A5$p[(�7tON OF N07Ag}ES Last Will of Carol Lorraine Smith Page 11 COMMONWEALTI-I OF PENNSYLVANIA COUN"1'Y OF CUMBERLAND ) �✓e, �ec ���,t—�� and �n9e�4 F;cKe,S , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testatrix sign and execute the instrument as her Last Will; that the testatrix signed willingly and executed it as 11is free and voluntary act far the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind, and uncier no constraint or undue influence. ) Witnes `�� Wit�,q6� � .���z�.-���_ Signature of officer �OfQ-L � � �I' Seal and offi al capacity of officer �, �MM N L E BENNSYLVANIA Notarlal Seal Pauline patti Thomas,NoWry Public Lemoyne Boro,Cumberlantl Counry MY�ommisslon Explres Mar�h 24,2015 MEMBER,PENNSYLyANIA p55p(;�qnON OF NOTAR(ES Last Will of Carol Lorraine Smith Page 12