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HomeMy WebLinkAbout01-12-15 Reset 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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: Frances L. Smith File No: --J - 145 - C065 a/k/a: Frances Lorraine Smith (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 12/31/2014 Age at death: 92 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 67 Old Pioneer Road,Camp Hill, 17011 Hampden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 67 Old Pioneer Road,Camp Hill, 17011 Hampden Township Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 459,900.00 If not domiciled in Pennsylvania. .............. ......... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 234,927.00 TOTAL ESTIMATED VALUE. ... $ 694,827.00 Real estate in Pennsylvania situated at: 67 Old Pioneer Road,Camp Hill, 17011 Hampden Township Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 04/19/2004 and Codicil(s) thereto dated N/A State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,ca.a. or d b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship C— gPddress C— G> � T —1 Cn 7—% C1 -,n G�l st i 7 "n ry;7 N r— M co Form RW-02 rev.10/11/2011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Vickie Jo Rawlins 254 Green Lane Drive Camp Hill PA 17011 The Petitioner(s)abaoe-nanied.swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitio_rier(s)n*id that,as Personal Representative(s)of the cedent,the Petition s)will wgll`and truly administer the estate according to law. I Swont,to o affirmed and subscribed before Date 1-0 met i� day.o ` Date By: w 1 Date 1=•or tke Register Date BOND Required: 0 YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . $ Attorney Si tore: ( 2 )Short Certificate(s). . . . . . R ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Nam, : Elyse E.Rogers Commission. . . . .. . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 41274 . . . . . . RFirm Name: Saidis,Sullivan&Rogers f . . . . . • . . Address: 635 North 12 h Street Suite 400 . . . . . . . . Lemoyne,PA 17043 Phone: 717-612-5801e— CXI Automation Fee. . . . . . . . . . . . . . . Fax: 717-612-5805 JCS Fee. o Email: eregQ�ssr-attorneys TOTAL. . . . . . . . . . . . . . . . . . . . . $U151159-4700- ' r— rfi :d Q DECREE OF THE REGISTERi c-> Q -v n C--, CD �_ n Estate of Frances L. Smith File No: I — �C _', r a/k/a:Frances Lorraine Smith AND NOW, _,in consideration of the foregoing Petition, satisfactory proof having been pre ted before me,IT IS DECREED that Letters Testamentary ir,e hereby granted to Vickie Jo Rawlings in the above estate and(if applicable)that the instrument(s)dated 04/19/2004 described in the Petition be admitted to probate and filed of record as the last Will( d Codicil(s))of Decedent. 4giste'r of Wills Pt 4'4 Form RW-02 rev.10/11/2011 ) Page 2 of 2 LAST WILL AND TESTAMENT OF 70 a e c-> ...� ca. rn FRANCES L: SMITH �'' I, FRANCES L. SMITH, of Hampden Township, Cumberland Count ,r- m _{ o Pennsylvania, being of sound mind and disposing memory, do hereby make this.-Mill, here revoking all my former Wills and Codicils: Article One: Provision for Debts and Expenses: §1.1 I direct that any of my legally enforceable debts, any expenses of my last illness,funeral and burial,and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Three of this Will. Article Two: Tangible Personal Property: §2.11 bequeath all my tangible personal property in accordance with the terms of a Personal Property Memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum,the Executor shall be held harmless for distributing such property as hereinafter provided. §2.2 I bequeath such assets not disposed of by such memorandum, or all of such property if no such memorandum is so located or received, to my daughter,Vickie Jo Rawlings, and her husband, Edward P. Rawlings. §2.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. §2.4 I direct that the expenses of storing, packing,shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Three: Residue: §3.11 devise and bequeath all the residue of my estate of whatever nature and where 1 S • ? + y R. ?, Fy ever situated to be divided and distributed as follows: §3.1.1 One Hundred percent (100%) to my daughter and son-in-law, Vickie Jo Rawlings and Edward P.Rawlings,of Camp Hill,PA,or the survivor of them,per capita. If neither of them survives me,this share shall lapse and the residue shall pass under §3.1.2 hereinafter; and §3.1.2 If neither Vickie Jo Rawlings or Edward P. Rawlings survives me,then One Hundred percent(100%)is bequeathed as a charitable bequest to the Ortenzio Heart Center at Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011-2188, as a memorial gift in memory of my late, dear husband, Gerald W. Smith, and our family. Article Four: Appointment of Fiduciaries: §4.1 I appoint my daughter,Vickie Jo Rawlings, as Executrix of this Will. If Vickie Jo Rawlings is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my son-in-law, Edward P. Rawlings, as first, contingent, successor Executor. All references herein to the"Executor" shall mean my originally appointed Executrix or my successor Executor, as the case may be. Article Five: Powers of Fiduciaries: §5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: §5.2.1 To invest in,accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell,exchange,partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; 2 §5.2.5 To engage in litigation and'compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current values, or partly in each,allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes,without obligation to adjust the distributive share of income or principal of any person affected thereby; and §5.2.8 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. Article Six: Provision for Taxes: §6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Three of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor, without reimbursement from or apportionment among the beneficiaries, recipients or owners of such property for any such taxes,penalties or interest. Article Seven: Miscellaneous Provisions: §7.1 As used in this Will,the term"Internal Revenue Code" shall mean the Internal Revenue Code of 1986,as amended from time to time,or the corresponding provision of subsequent law. §7.2 If any beneficiary hereunder should die within thirty(30)days after me,then such beneficiary shall be deemed to have predeceased me for all purposes hereunder IN WITNESS WHEREOF,1,FRANCES L.SMITH,have hereunto set my hand and seal to this, my last Will, typewritten on five (5) sheets of paper, including the self-proving 3 attestation clause and signatures of witnesses,this day of r�q r n ' , 2004. (SEAL) FRANCES L. SMITH Signed, sealed,published and declared by the above named FRANCES L. SMITH as and for her last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other,have hereunto subscribed our names as witnesses thereto the day and year last above written. UJ, In Residing at J DX� A r? Residing at 210�1 Cv �'4•' " 7 �^�'+'"�r ,vv L 19 ,AL- /4—/7 n siding at Z Z z ► 6 IV G- 3 i A o �} o/4o COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND We, FRANCES L. SMITH, the testatrix, and J 13 Erg N c / -r 1 P6Gi o "7 . �� w.o�/ and V �N 0'�d CE /4-1V AU the witnesses,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 her last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each 4 subscribing witness in the hearing and sight of the testatrix signed the Will as a witness and that to the best of his or her knowledge the testatrix was at that time eighteen(18)years of age or older, of sound mind and under no constraint or undue influence. FRANCES L. SMITH Witness Witness Witness Subscribed, sworn to and acknowledged before me by FRANCES L. SMITH,the testatrix, and subscribed and sworn to before me by J, �3 n N c �r7 i� OA u ?��y /�_ �� w d✓ and ccrr� Nti the witnesses, this day of 1 11A i , 2004. Notary Public My Commission expires: SEAL cLOMMONWEALTH OF PENNSYLVANIA Notarial Seal Loon E Kane,Notary Public ca*m Boro,Cumberland County Mal Operon bq*es Nov.15,2007,* Membfir,Pawns is Assoaation Of Notaries 5