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Home My WebLink About11-14-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Carl E. Smith No. 2.1-05.()QQ[ also known as To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 198-22-9630 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 years of age or older and the execut ors named in the last will of the above decedent, dated July 16. 1997 and codicil(s) dated NONE (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 6200 Wertzville Road Enola PA 17025-1158 (list street, number and municipality) Decedent, then 77 years of age, died October 28. 2005 at 6200 Wertzyille Road. Enola. PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: NONE Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 6200 Wertzville Road, Enola, PA 17025 $ $ $ $ 100.000.00 0.00 o 152.000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary thereon. (testamentary; administration c.I.a.; administration d.b.n.c.t.a.) The petitioner(s) above-named swear(s) or affrrm(s) that 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 represen- tative(s) of the above decedent petitioner(s) will well and trul administer the es ate according to law. Sworn to or affirmec;i-{.~d subscribed before me this 1 1-\ ,,- day of ley. -, ./' {JC ~ '- Register ct~ '6 V> ~ v u " V '0 'Cii- V V> 0::1:' v '0 " " 0 ro '''::: ~.- ~ti vQ., ....,.. B 0 '" c .2!' r/l X.~CI CC , 'I c" e- ~eart" . H e Dale E.Smith 6035 Wertzville Road Enola 6033 Wertzville Road Enola OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA} ss COUNTY OF Cumberland PA 17025-1158 PAU025-115m~ .r) -c.n ;.t: .." --.i.. ..<:: ~''':i Vl ~. ~ " <1l 2 .....,~ ~.t .. g No.~I-05- Oqq"l Estate of Carl E. Smith , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW N.()\lh"n.~.'\ I ( , dOo.s , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 7/16/1997 described therein be admitted to probate and filed of record as the last will of Carl E. Smith and Letters T estamentarv are hereby granted to Jean A Hake and Dale E. Smith ~1Jt ~<.."",(L.~' tJ FEES ne.n....J..."i~(JJ.-1-'")'r--> " 5 C>O Probate, Letters, Etc.. . . . . $c3J of') . Nl Short Certificates ( )...... $ I.j.{) ,(\0 ~i.9rl-:\),_~_..,.-t)_. . . . . . $ \S("'J:) :rOP $ 10.aU TOTAL _ $:) 35 0-0 Filed. .l. I. -.1. ~ ~c?0~. . . . . . . . . . . S.OD Debra K. Wallet, Esq. . /I . I. . . 23989 '.JIAN.-il. ~ ATTORNEY (Sup. Ct. LD. No.) 24 North 32nd Street Camo Hill PA 17011-2917 ADDRESS (717) 737-1300 PHONE . Register of Wills of Cumberland County RENUNCIATION Estate of CARL f. S"" 711 Also known as C. e:. . S nfl 7 H Nodi - 05 (')qq f , deceased To the Register of Wills of Cumberland County, Pennsylvania The undersigned (5;t.Rv L.5/1t ITII S;/V CJ'&eC~b I ( (Name) (Relationship) (Capacity) of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to ~ 14 N t. II~ Jd: . j m J t( e t Witness my/our hand(s) this Cft.hdayof G f7 r> () €.AcCJ0f, 20 g'8~!1 ~~I!J ~ III Affirme.d and subscribed befo~ me this ~i~ i :~ S ~~li' _ a \~ 31 -os,: 1I My Commission Expires: ""...;..~., t7. z ~ - () 0; 33ab SE S6!5lA~c, ~, r: 3#71 . (Address) / (Signature) Or (Address) AtTlfIlled and subscribed before me this _ day of (Signature) Register of Wills Deputy (Address) (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission) o C> REGISTER OF WILLS OF Cu.~~eL l.~rJb COUNTY OATH OF SUBSCRIBING WITNESS ,,JI-(>5'uQ4/ G,O..blt A. KOVAC.E.Vlc. codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according!to law, depose(s) and say(s) that .n.(.. WAJ present and saw CAtl. f'. S~L1"''''' the test at Dt. , sign the same and that G>OWIt:. A. l'ov4t!. f. lilt', signed as a witness at the request of testat~ in h is presence and (in the presence of each other) (iR tke flr@&@R~e gf .All othc. "ub""" ibiu/5 \IV ihl<O""( c~ ~ d~Zu (each) a subscriber hereto, (each) 'ng duly qualified according to law, " fami ' r with the signature of . ",,-- codicil testat_oL (one of the to) the will ~. Sworn to or affirmed and subscribed before me this / Y day of 7l1fZ~ t9~- ;fdp ./1 /? ~- COMMONWEALTH OF PENNSYL~ter Notarial Seal Robert J. Reese, Notary Public Silver Spring l'wp" Cumberland County My Commission Expires Aug. 10, 2008 Member, Pennsylvania Association of Notaries RE' STER OF WILLS OF ATH OF NON-SUBSCR that " to the best of Sworn to or affirmed and subscribed be me this Register (Name) (,'21 \J(,f"t'2.J.l&c. ~b., t:.MJIA I ~A- (Address) I f.() ".$'" r~~ ,~ {,;,t, .:-.)rl ~~i~ '-~ ..'-....... (Name) (Address) COUNTY ING WITNESS presente codicil ignature on the will is in the han (Address) (Name) (Address) ...:.... - .. ;:.~} '; ] "r--} (--) I-n <0 o and Register of\ViUs of Cumberland County OATH OF NON-SUBSCRIBING 'VITNESS Estate of CAt\..~. St'\.:", No. ~-o5'oCfl( Also known as , Deceased J'"fA,J 4. HA&.L (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that ShI:. 105 familiar with the signature of ~I IE. J'M,,: 't'f<\ , testato,.. of (one of the I subscribing witnesses to) the codicil/will presented herewith and that ~ believe/believes the signa~re on the codicil/will is in the handwriting of CA t. L. e. S ~I~ to the best of '(\t.A" knowledge and belief. <;:) fJ1IL (h (Name) ~o3S WerlLl/jJ/~ Rei , (Address) EMIA.R4-/7(J~J-IJ5i' Sworn to or affi~~d, pnd subscribed Before me this I q-n--- day of JJolembx." , 20~ Ut'. . '. C~Ao.- ~G..Ai........'\ ~..xu-'1- Register ~)x.~~. ~3\- epu (Name) (Address) :i. =.1: -'- -l- _ ..---i ... cb c:p Thi\ is to ~ertify that t~e .informa~i.~m here. given. is correctly copied from an original certificate of death duly !filed with me as Local RegIstrar. The ongmal certIfIcate wtll he torwarded to the State Vital Records Office for permanent filihg. !~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificale. $6.00 /) h~! ~ >- )?-"./f..-1t' ./ nt--:"p. Local Registrar! (.' \\\\\III(~(1H'Orpl;'---_-__ ,,\\\~~1'rf):."'-.. $~~~ ~\. i:JE/_---' - \?~ ~ c:::::Il:~. 'I!:~ ~u\ .<j-B _ . /~~ >'*~"""":' 'j*~ \~~. /~l ~~ /~\\\ .."..,,--_~IMEN1~'t.';,\II\'\ """"/#UOIIII11,,11 NDY 0 1 2~ Date l......-.;...~.).) .j1 __i J:": ~ I'.....~ ,-. -~. [~ I .. ! !O 10 P 1 1 q 3 1 (', ~ () \",} ~ -.1 ~~ ~) No. Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FilE NUMBER SOCIAL SECURITY NUMBER 3. 1 9 8 2 2 - SEX 2. /h BIRTHPLACE (City and PLACE F State or Foreign Country) HOSPITAl: Blain, PA 'op.'"" D 7. 8a. FACILITY NAME (If not Institution, give street and number) H hek nl n -S8 in trution ERJOutpattenl 0 DOA 0 Hampden, TWp. KIND OF BUSINESS f INDUSTRV 6200 Wertzville Rd. AS DECEDENT EVER IN U.S. ARMED FORCES? Vesf] No D 12. MARITAL STATUS. Married. Neller Married, Widowed, Divorced (Specify) 14Widowed (~~V:O~i~~I~~~ d~~i'u~~n/:3;r~tt . - M t F Mobil Pipe Lines 11.. e e r oreman 11b. DECEDENTS MAILING ADDRESS (Stre~~. CitylTown, State, Zip Code) PA DECEDENT'S ACTUAL RESIDENCE (See instructions on other side) 17c. rn Yes, decedent lived In 178. State Old decedent live in a lownship? 17d. 0 ~~h~e~~~~~i~ir~ of 17b. County Cumberland 2, 2005 MOTHER'S NAME (First, Middle, Maiden Surname) 19. Edith C. Gutshall INFORMANT'S MAILING ADDRESS (Street, CltylTown. Slate. Zip Code) 20b. 6035 Wertzville Rd. Enola, PA 17025 PLACE OF DISPOSITION- Name of Cemetery, Crematory LOCATION - CltyfTown, State~ ZJp Gode or Other Place ~~ Blain Cemetery ~4 Blain, PA 7006 NAME AND ADDRESS OF FACILITY 22c,Richardson F. H. Ine. LICENSE NUMBER Items 24-26 must be completed by person who pronounces death. 26. : Approximate I inteNs\ between : onset and death I PART II: 27. PART I: Enter the dl...s.., Injurl.. or complications which cau.. Ust only on. cau.. on .ach IIna. IMMEDIATE CAUSE (Final disease or condition resulting in death)--+ a. DUE TO (OR AS A CONSEQUEN OF): Sequentially list conditions if any, leading to immediate cause. Enter UNDERLYING CAUSE (Disease or injury that initiated events resulting on death) LAST I: d. DUE TO (OR AS A CONSEQUENCE OF) DUE TO (OR AS A CONSEQUENCE OF): WAS AN AUTOPSV WERE AUTOPSY FINDINGS MANNER OF DEATH PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? DATE OF INJURY (Month. Day, Year) TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJ RY OCCURRED. D D D Natural g o Could not be determined Homicide Pending Investigation 30.. 30b. M. PLACE OF INJURY - At home, farm, street, factory, office building, etc. (SpecIfy) 30.. Yes 0 No 0 30c. Accident TH (Month, Day, Year) 28, 2005 ~;:~ty) 0' rican Indian, Black;'White, et lwp. citylboro. Yes 0 No ~ Yes 0 28.. 28b. CERTIFIER (Check only one) .l~~~~~tGor~~~~~Js~l.s~~:rh ~~~i~%cfduJ: t~ a.e:~a~~:~(:)~~3r,g~x~i~a~s h:t~re~~.~~~~~ .~~~~~. ~~~ .~.~~~~~.~ .i~~ .~~.~................. NoD Suicide 29. .P.foOt~~~~~I~fm~Nk~~';I:~.~I~e~~Ho~~~~~ ~~~~:i~I~.~~~tr~~~U~~~~.d:~~h d~ned t~e~Z~:ut~e~(~}~~~ ~:~~er as stated...................... 0 31b. LICENSE NUMBER;; IE' 31c. t114 P' t7 t{ ,i!. r ~ 31d. NAME AND ADDRESS OF PERSON WHO COMPLETED CA SE OF 0 (Item 27) Type or Pnnl / c"..<: 'M .v/-" >1'- C-c>" ",..u-:I "" It! .J., '7 ).,l,.t( ~ ~ /tv.... 32. c:..-4-IU JI.-,' II At { 7" If DATE FILED (Month, Day, Year) "MEDICAL EXAMINER/CORONER ~~::;':rb::I:::e~~~~I.~~.~I~~. ~~.~~~.~ .I~.~~~~~~.~~~~~: .I~ .~~. .~:.l~~~~: .~~~~~ .~~~~~~.~. ~~. ~~.~. ~i.~~.'. ~.~~~.'. ~.~~ .~~~.~~'. ~~.~ .~.~~. ~~ .t.~~. .~~~~.~~.(.~! .~~~.. D 31a. REGI~R'S SIGN/~~BER .' ,33. Un/J1..- (. / CV1-<Z<1~~~3 W/<P?v (I as- 34. . . . , "POUll o O'ei I LAsTCW'ILL..A)JD T2ST..Ajv12)JT of Carl E. Smith ~ I, Carl E. Smith, a resident of Enola, Pennsylvania, being of sound and disposing min and memory and over the age of eighteen years, do hereby declare this to be my Last Will and Test. ent, and I expressly revoke all Wills, including codicils, heretofore made by me. ARTICLE I 1.1 I hereby declare that at the time of making this Last Will and Testament that I am a widower. 1.2 I declare that I have the below listed children at this time: Dale E. Smith, Jean A. Hake,iiGary L. Smith, Lori J. Moore ARTICLE n 2.1 I declare the entire residue of my estate to the Trustee(s) then in office under tha~ trust designated as "The C. E. Smith Living Trust" established :;:rul f ~, 191]ofwhich I am the grantor. I direct that the residue of my estate shall be added to, administered, and distributed ~s part of that trust, according to the terms of the trust and any amendment made to it before my death. to the extent permitted by law, it is not my intent to create a separate trust by this will or to subject thE! trust or the property added to it by this will to the jurisdiction of the probate court. 0 2.2 I hereby direct that my Executor or my Trustee(s) may elect to: (1) use administrative ex~enses as deductions either for estate tax purposes or income tax purposes; and (2) to use either date ofi!death values or optional values for estate tax purposes, regardless of the effect thereof on any of the intlerests under this Will. 2.3 I further direct that my Executor or Trustee(s) shall not be required to pay any debt in adkrance of the due date thereof, including installment obligations, but instead may pay the same in install~ents as each installment comes due. However if the Trustee(s) deem it to the advantage of the estate any or all debts may be paid in advance of their required installments. 2.4 I stipulate that any asset under litigation, lien, or claim that might cause the 1'-) assets of the aforementioned Trust to be com promised in any fashion, be held separate from th~ said !TmSl ,', i .~.. 1 until it is free of any claim or threat to the integrity of the Trust. 0 0' -, --"T,") I 1 ) ...." , ; i '.,' c:.._J ARTICLE m ,) C'~~-'I , , ::0' I ,C.J ion C::l 3.1 If the disposition in Article II, above, is inoperative or is invalid for any reason, or if th~ tl1ISt referred to in Article II above, fails or is revoked, I incorporate the terms of that trust herein by reference, as if executed on this date, without giving effect to any amendments made subsequently, and I bequeath and devise the residue of my estate to the Trustee(s) named in the trust as Trustee(s), to be! held, administered, and distributed as provided in that instrument. Signed ~~ a:~ Page 1 . . - I ACKNOWLEDGEMENT OF THE EXECUTION OF THE LAST WILL AND TESTAMENT OF Carl E. Smith We, whose names are signed below, each declare under penalties of perjury: that Carl E. Smith, the testator, executed the foregoing instrument as the testator's last will and testament; that in our pre ence, the testator signed the testator's signature and declared that such signing was the testator's free and voluntary act for the purpose of executing the testator's last will and testament; that each of the Wit,esses thereto,in the presence of the testator (and at the testator's request) and in the presence of each pther, signed such instrument which the testator stated to be the testator's last will and testament; and, to t~ best of our knowledge, the testator was, at the time of the testor's signing and at the time of the signing pf the witnesses, eighteen (18) or more years of age and of sound mind. -'l7~~ ~ ~ ~ Carl E. Smith - L!/6/19~ ~p~ !-l r IV " (. t) ? Je AI ,cll.: ~ (Witness Signature) 7 - , 4.- q I Date (Print Name) /5" 1.. ~ ~. oS ,4,.. f2 ~ (Address) tvl~t:J~,rc 13u.../P) , Pa. t1t:ls"~ (City, State, Zip Code) .JJd.:c. {), ~~";/(Witn.ss Signature) ]-1 b - 9. 7 Date / 68'-011:.- A. ~ '/A-c..e,h c... (Print Name) , (1... , eJ Lvt T) IlL".e 'i2 i) ~& '-A- PA IlD2-S' (Address) (City, State, Zip Code) . . . Certificate of Acknowledgement of Notary Public Commonwealth of Pennsylvania) :ss. County of Cumberland) On this / <0 day of ::r 0 \ y , A.D. I 99' '1, appeared before me Carl E. Smith pers; nally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose n$e is subscribed in this instrument, and acknowledged that he/she executed it. ~ Residing in Notary Public My Commission Expires NOTARY SEAL: Notarial Seal Glenn W. Hebert, Notary Public North Newton Twp., Cumberland County My Commission Expire. May B, flOOD ! Signed ~ ~ @:- ~~-s;pL- Page 3 . I LAST WILL AND TESTAMENT WITNESS PAGE: We, the undersigned, do hereby certify that Carl E. Smith on this .l1:L day of J",- L.., , 19~, declared the above and foregoing instrument, consisting of four (4) pages, each of vJh' ch is signed by Carl E. Smith, to be his/her Last Will and Testament, and that thereupon he/she asked us to act as witnesses to such Will, and did in our presence of each of us sign his/her name to such Will!~ that, thereupon, we and each of us, in the presence of Carl E. Smith and in the presence of each other, d~ sign our names as witnesses to such Will. ,~PYJ~ (Witness Signature) ~ I~, 1'i17 Date . (.1 ,. I\J D (... 1) 'j:> .J ~ AI Ie ~ ...: .s (Print Name) 1St'!. r:.s./kn 1<.1) (Address) JVt e~I-IA-IC",61C,e~1 /l4 /70'$5 (City, State, Zip Code) ,)" U..:... It K~.;' w~(Witness S;gnature) 7- '" - "l, Date hDL'l> If[ A 1&A<.e.Vlc.. (Print Name) fa 12.. ( tJL;tt') cht! <. {2l) (Address) . erv"LA- PA- l102.tS (City, State, Zip Code) . Signed ~---p cEo ~- Page 4 . . . ARTICLE IV 4.1 I do hereby nominate the followin~ individual(s) as the Executor(s) of this Will, to serve n the order listed: Jean A. Bake and Dale E. Smith, acting together or separately, Gary L. Smith. 4.2 The Executor shall have full power and authority to carry out the provisions of the Will, including the power to manage and operate during the probate of my estate any property and any bu iness belonging to my estate. However, the Executor should not compromise the referenced trust in any f. shion by premature transfer of assets that may carry any claim or litigation into the Trust. 4.3 The Executor or Trustee(s) shall serve without bond. However, in the event that one (1) o~ more bonds are required for one (1) or more such individuals, in their capacities as Executors hereunde~, then I request that such bonds be nominal bonds, and, my Executor shall pay any such bond premiu~s, as bonds premiums are due, as administration expenses of my estate, until the administration of my liestate is completed. .. IN WITNESS WHEREOF, I have hereunto subscribed my name to this document, my last W~l and Testament, which consists of two (2) typewritten pages, and for the purpose of identification, ~ have initialed or signed each page, all in the presence of the persons who are witnessing, at my reque~t, the execution of this, my last Will and Testament on this /~ ~~day of ./u '- Y , 19 9 i7 , at L5N'~J...AiiI ' P/l . 17dZ~ ~~./Z 5~~- Carl E. Smith Signed a:?~ cr ~ -- Page 2