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HomeMy WebLinkAbout01-28-15 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(les)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: Aaron C.Jackson Esq. Decedent's Information Name: M.Dudley Smith,Jr. File No: 21-15 - 101 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 01/04/2015 Age at Death: 89 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 3620 Logan Court,Camp Hill 17011 Hampden Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 503 N.21st Street Camp HIII 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 $ 200,000.00 if not domiciled in Pennsylvania................ Personal property in Pennsylvania $ if not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ TOTAL ESTIMATED VALUE $ 200,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary) Qz-z C--5 C.r 1 Street address,Post Office and Zip Code City,Township or Borough --.ZJ C-.iCpunty t Co © A. Petition for Probate and Grant of Letters Testamentary a co Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 07/231201=3' and Codicil(s) thereto dated "' c; �, _rJ 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 ma was no$divorced,was�a pfy toja pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g) ,and did not halle+a child bom 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 Letters of Administration (If applicable) ata.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.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 pending divorce proceedingwherein 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 adudicated an incapacitated person. ❑NO EXCEPTIONS ❑ 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 Address Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,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 Aaron C.Jackson Esq. 409 North Second Street,Suite 500 Harrisburg,PA 17101 The Petitioner(s)aboie'-named liwear(sj or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that;as Personal Representatives a dent,Petition )will well and truly administer the estate accord' g to w. Sworn to or affirmed and subscribed before Ci' Date 1 Z/ /u'— me this;)P- day of. , 20tS Date By: �r^ll_t 1/Y 4t/1' 1 Date For the Register Date BOND Required? YES n NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ ��� Attorney Signature: v )Short Certificate(s)......... r5n _ C-ri �Zl rrn ( )Renunciation(s).............. iL 2 o ( )Codicil(s)........................ .-`� ;7j ( )Affidavit(s)...................... Printed Name: Kristenl L- Esq. P. { : Bond............................................. Supreme CourtCommission.................................. `5 �.b �•- '`"� c:� W ID Number: 315373' Other ' s 21 Firm Name: Buchanan1figersoll"ooney Address: 409North:SecondS"?et i^ ty CD Suite 500 fV Harrisburg,PA 17101-1357 Phone: 717-237-4800 Automation Fee............................ Fax: G JCSFee....................................... TOTAL......................................... $ 3 15.5 `5 E-mail: kristen.lieb@bipc.com DECREE OF THE REGISTER Date of Death: 01/04/2015 Social Security No: Estate of M.Dudley Smith,Jr. File No: 21-15 — I d a/k/a: .,Qd AND NOW, in h •� o I in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Aaron C.Jackson Esq. in the above estate and(if applicable)that the instrument(s)dated 07/23/2013 described in the Petition be admitted to probate and filed of record as thelast Will(an Codi '1( )of Decedent. � . g/fii er of Wills Copyright f:)2011 form software only The Lackner Group,Inc. Page 2 of 2 RECQF;C�C� OFFICE {? RE aR ED OF 4ICE OWILL OF M. DUDLEY SMITH, JR. ?015 AN 28 `� 12o'2 Nf.'D,UDLEY SMITH, JR., of Cumberland County, Pennsylvania, do make this 0R'Fl r?,r�Fx� �' G my �a�st` ill'- and, Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. FIRST: Tangible Personal Property. I give my tangible personal property to my spouse, CAROLYNE L. CIBART SWARTLEY SMITH, if my spouse survives me. If my spouse, CAROLYNE L. CIBART SWARTLEY SMITH does not survive me, then I direct that the specified items of my tangible property be distributed in accordance with the provisions of a signed memorandum or letter of instruction, which would be found with a copy of this will or with my other valuable papers. Any property not so designated or not taken under the provisions of the memorandum, I direct my executor to have sold at auction and the proceeds added to my residuary estate. SECOND: Remainder. I give the rest, residue and remainder of my estate, real, personal and mixed to my wife, CAROLYNE L. CIBART SWARTLEY SMITH, if she survives me. If she does not survive me, then in that event, I give the following: A. Specific devises: 1. I give the sum of TEN THOUSAND ($10,000.00) DOLLARS to the PROGRAM FOR FEMALE OFFENDERS now known as THE PROGRAM; and 2. 1 give the sum of TEN THOUSAND ($10,000.00) DOLLARS to the HARRISBURG SYMPHONY. Page 1 of 6 B. Residue of Estate. If my wife, CAROLYNE L. CIBART SWARTLEY SMITH, does not survive me, I give the rest, residue and remainder of my estate wheresoever situate to be distributed as follows: 1. I give to RICHARD DUDLEY SMITH, my oldest son, TWENTY-TWO AND A HALF (22.50%) PERCENT; 2. 1 give to SANDRA G. TARLTON, my wife's sister, THIRTY- FIVE (35%) PERCENT; 3. 1 give to CANDACE BANCROFT McKINNIS, TWENTY (20%) PERCENT; 4. 1 give to JUSTIN McKINNIS, THREE (3%) PERCENT; 5. 1 give to VALERIE SMITH BANCROFT, THREE (3%) PERCENT; 6. 1 give to DEBRA ROWE SHEAFFER, TWO (2%) PERCENT; 7. 1 give to RHONDA ROWE BENKOWITSCH, TWO (2%) PERCENT; 8. 1 give to JANET CAULFIELD, ONE (1%) PERCENT; 9. 1 give to VIRGINIA A. ROTH, my business partner, FIVE AND A HALF (5.50%) PERCENT. 10. 1 give to AMBER GAIL HOLMES, THREE (3%) PERCENT; 11. 1 give to MICHAEL LLOYD TARLTON THREE (3%) PERCENT; Page 2 of 6 12. 1 have intentionally not included in my will, my son, CHARLES ROBERT SMITH. THIRD: Cremation. It is my desire that I shall be cremated. If my spouse, CAROLYNE L. CIBART SWARTLEY SMITH, does not survive me,,the decision of when and if to hold a memorial service shall be made at the will of SANDRA TARLTON, or in the event of her death, RICHARD DUDLEY SMITH. FOURTH: Spendthrift Provision. While in the hands of my executor, and until actually paid over or delivered to the persons entitled thereto, the interest of beneficiaries in the income or principal of my estate shall not be subject to assignment, pledge, attachment, or the claims of creditors. FIFTH: Powers of Fiduciaries. In addition to the powers conferred by law, my executor shall have the following powers to be exercised in such executor's absolute discretion: to retain for distribution in kind, without duty of diversification, all property owned by me at my death, or to sell all or any part of such property, upon such terms as my executor deems advisable; to hold any proceeds and other cash uninvested or to invest in all forms of property, without restriction to so-called "authorized" or "legal" investments and without regard to diversification; to exchange or lease for any period of time any real or personal property and to give options for sales, exchanges, and leases; to exercise all rights of security holders, to compromise any claim or controversy without court approval; to delegate discretionary powers; to employ investment counsel, custodians of trust property, brokers, agents, accountants and attorneys and to act without independent investigation upon their recommendations; and to make Page 3of6 distributions in cash or in kind at current values, in undivided interests or non-pro rata shares. SIXTH: Payment of Taxes. All estate, inheritance, and succession taxes, including interest and penalties, payable with respect to property included in my gross estate, including any property not forming part of my testamentary estate, shall be paid from the principal of my residuary estate, at such times and in such manner as my executor deems advisable, without apportionment or right of reimbursement. SEVENTH: Appointment of Executor. A. Appointment. I appoint AARON C. JACKSON, as the executor of this my Will, under advisory of SANDRA G. TARLTON and fiscal manager, YVONNE EVANS. B. Executor's Compensation. Any individual executor serving hereunder shall be entitled to compensation which is commensurate with his or her services to my estate. Any corporate executor serving hereunder shall be entitled to shall be entitled to compensation for its services hereunder in accordance with its schedule of charges in effect from time to time during the period in which its services are performed. C. No Bond Required. Under no circumstances shall any personal representative appointed hereunder or otherwise be required to post bond in any jurisdiction. EIGHT: Headings. The bold headings used throughout this Will are for convenience only. I do not intend such headings to be used in the construction and interpretation of this Will. Page 4 of 6 WITNESS my hand this "day of 0 L- :f , 2013. .� (SEAL) M. UD ITH, JR. Page 5 of 6 Signed, published and declared by the above named Testator, M. DUDLEY SMITH, JR. as the Testator's last Will in the presence of us who at the Testator's request, in the Testator's presence and in the presence of each other have hereunto subscribed our names as witnesses. 74eoM PJB. Name Z IVAW, Address in be I& jor-, e!�s _ V L) . ICY? Name Address k , d Page 6 of 6 AFFIDAVIT OF WITNESSES COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 1 Q5 �aTl � We, M. DUDLEY SMITH, JR., G and 1-4 Testator and 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 instrument as the Testator's last Will and that the Testator signed willingly, and that the Testator executed it as the Testator's free and voluntary act for the purposes 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 their knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. WITNESSAS M. DUDLEY SMITR, JR. Subscribed, sworn and acknowledged before me by M. DUDLEY SMITH, JR., and subscribed and sworn to before me by M,Ghad and 1-�` e- witnesses, this day of 12013. otary ublic MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA HBGDB:135759-1 017374-024979 Notarial Seal Pauline Patti Thomas,Notary Public Lemoyne Bo%Cumberland County My Commission Expires Ma ' 24,2015 MEMNIP,PENNSYLVANIA ASSOCIATION OF NOTARIES OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of M. Dudley Smith, Jr. , Deceased Kimberly Jones (each)a subscribing witness to (Print Name/s) the ® Will ❑ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s)that she/ he/they was/were present and saw the above Testator/Testatrix sign the same and that she/ he/they signed the same and that she/ he /they signed as a witness at the request of the Testator/Testatrix in his/her presence and in the presence of each other: (Signature) (Signature) C 1 t7 Kimberly J nes T o c3 53 W. Main Street (Street Address) (Street Address) New Kingstown, PA 17072 (City,State,Zip) (City,State,Zip) [t 1 Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this Z Zp'd day of ofyyJn n u a t Deputy for Register of Wills Notary Public My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of epiration of Notary's commission.) MMnrtl�aF.,,r`s.T CFfINaYL ANU NQT,V: '..L S`=;L Kristen Liei,,"40tafy Public !'arrisburg,Dauphin County YEYBEt%rc.�t�yiL:.i,.�n.+SSOtiRTi�1N Of NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of i stn.lmen(°sj a of notarization. Form RW-03 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of M. Dudley Smith,Jr. ,Deceased Michael Douglas Tarlton (each)a subscribing witness to (PMt Name/S) - the Q Will 0 Codicil(s) .presented herewith, (each)being duly qualified according to law,depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in his/her presence and in the presence of each other. _ c . -M (Signsfure) - - - - faro) c c- 1-1 Michael Douglas Ta t n p , •_ o r-,In cn � M P.O.Box 759086 - - - -- - '- --W— c� (StreetAddraw) (Street Address) = C © p t C) `L1 ri TI Las Vegas, NV 29136 ; c '' .A (CRY,State.Zp) (Gry,State,210) _`� N r- M N Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed bef re me this ---day befpre me this day of ` of Deputy for Register of Wills Ic My Commission Expires: (Sipneume and seed of Notary or other official qualified to adminlster oaths.Show date of w0raton of Noterys mmrdssion.) HEIDI GUY Notary Public State of Nevada a" No. 14-14886-1 My Appt.Exp.Sept.19,2018 NOTE: To be taken by'Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Perm RW-03 Rev.10-ia-2aw Copyright(t)2M form sof we onty The t.ackew Group,Inc. Buchanan Ingersoll tk Rooney Pc Attorneys&Government Relations Professionals 409 North Second Street Suite 500 Harrisburg,PA 17101-1357 Kristen Lieb T 717 237 4800 717 237 4962 F 717 233 0852 kristen.lieb@bipc.com www.buchananing6rsoll.com January 26, 2015 VIA REGULAR MAIL Register of Wills & Clerk of Orphans' Court C) Cumberland County rn f, U � r- rte) 1 Courthouse Square ,— ._, r-+ CO QD Suite 102 ' Carlisle, PA 17013 —ra .i - Re: Estate of M. Dudley Smith, Jr. p , Dear Sir or Madam, Please find enclosed theTollowing for the above-referenced estate: 1. Estate Information,Sheet; 2. Petition for.Grant of Letters; 3. Oath of Subscribing Witness for Kimberly Jones and Michael Douglas Tarlton;, 4. Will of M. Dudley Smith, Jr.; and 5.. Death Certificate I have also enclosed checks in the amount of $395.50. Kindly return to me in the enclosed envelope the letters and ten(10) short certificates for the above-referenced Estate. Should you have any questions, please do not hesitate to contact me. Thank you for your assistance in this matter. Very truly yours, cJ Kristen Lieb Y KL/j is Enclosures California :: Delaware :: Florida :: New Jersey :: New York :: Pennsylvania :: Virginia :: Washington,DC i NQ tc) r -d o LV � — m r W!�N W a ZCZO aQdiV 1 a r a • ; LU 0 a Q 1 i' 0 ��11 1 Q W ul o W 0 �- ILn z � v Y �'7 `may v o N n C LA� jj�,,,�� H CY C\, t LtJ�,t n p H O t3. � l4•. iw? rn � C3 W O (V a cf� O NLxtl. H H cn 1 � l