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Home My WebLink About03-15-06 .. '. ~, . - In re DWIGHT P. SMITH deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. "'l\J~\,,, .\-:~.~\ PETITION FOR SE'l'TLEMENT OF SMALL ESTATE PURSUANT TO 20 PA.C.S. ~3102 AND NOW COMES Petitioner, Rita M. Smith, by and through her attorney, James D. Cameron, and respectfully represents as follows: 1. Petitioner is Rita M. Smith, who resides at 30 North 25th Street, Borough of Camp Hill, Cumberland County, Pennsylvania. 2. Petitioner is the widow of Dwight P. Smith ("the decedent"), who died November 4, 2005. A copy of the death certificate for the decedent is attached hereto, identified as "Exhibit A". (The Death Certificate erroneously states the date of death to be November 5, 2006.) 3. The decedent is survived by three adult children, namely, Maura Francis Smith, M.D.; Dwight P. Smith, Esq.; and Leah Smith Hoch ("the Children"); all of whom are sui juris and all of whom have consented to the relief requested herein. The Consents of the children are attached hereto, identified, collectively, as "Exhibit B". 4. Petitioner believes, and ther~:fore avers,~hat the only 0---_, iv' asset that had belonged to her husband tRa.t'W$$;n6t owned by she -.: / "'~:~; !. ! and her husband as tenants by the en~+r]~~,jS~: Ii,s ~ihe certificate i.._ u v r"~-:...J -.:: i l->~,.;: :; ~ - ... '. of deposit held under account number 7117, having a maturity date of November 29, 2006, currently titled in the name of Dwight P. Smith, held with Members 1st Federal Credit Union ("the Credit Union"), and having a value of $20,992.82 as of January 31, 2006 ("the certificate"). 5. Petitioner acknowledges that the value of the certificate is such that it precludes payment of the certificate proceeds by the Credit Union to Petitioner under the statute codified at 20 Pa.c.s. ~3101(b). 6. However, Petitioner believes, and therefore avers, that the value of the certificate is less than the $25,000.00 maximum referred to in the statute codified at 20 Pa.C.S. ~3102 (settlement of small estates on petition). 7. The children are the natural children of both Petitioner and the decedent. Therefore, the relevant provision of the intestacy law of Pennsylvania, codified at 20 Pa.C.S. ~2102(3) (intestate share of surviving Spouse) provides that the surviving spouse of a decedent (Petitioner) is entitled to the first $30,000.00 of the decedent's estate, and one-half of the excess over that amount. 8. 20 Pa.c.s. ~2103(1) (intestate shares of others than surviving Spouse) provides that the issue of the decedent are entitled to one-half of the excess above the first $30,000.00, i.e., the share not payable to the surviving spouse. 2 ---...... '. ) - I 9. Consequently, the value of the certificate is such that only Petitioner would be entitled to it under the intestacy laws. 10. Moreover, the decedent left a Last Will and Testament, a true and correct copy of which is attached hereto, identified as "Exhibit C". 11. Exhibit C provides that the residue of the decedent's estate (i.e., the proceeds of the certificate) would pass to Petitioner. Petitioner believes, and therefore avers, that Exhibit C was validly executed. 12. In either case--whether under the intestacy laws of Pennsylvania or under the Last Will and Testament of the decedent--Petitioner is the person entitled to the certificate. 13. The decedent's funeral bill has been paid. A copy of a receipt from Malpezzi Funeral Home, showing payment-in-fuII, is attached hereto, identified as "Exhibit 0". 14. Petitioner expects to pay the valid debts, if any, that were left by her husband, and would thus expect to satisfy any claims of creditors that may exist. 15. 20 Pa.c.s. ~3102 permits the Court to direct distribution of the certificate by the Credit Union to Petitioner, who is the party entitled to receive them. 16. 20 Pa.C.S. ~3102 also permits the Court to issue a decree in this matter upon "such notice as the Court shall 3 - direct". In this regard, the Court is requested to take judicial notice of the Consents of the children, Exhibit B, and the service of this Petition upon the records custodian of Holy Spirit Hospital. 17. In the interests of cost-effectiveness and expediency, Petitioner desires to settle the estate of her husband, which consists solely of the certificate, in accordance with the procedures provided for in 20 Pa.C.S. ~3102, in lieu of the probate of Exhibit C. 18. Holy Spirit Hospital ("the Hospital") is in the possession of various medical records pertaining to the decedent. Understandably, in light of medical privacy rules, the Hospital has refused to release copies of these records to Petitioner, the decedent's widow, without presentation by her to the Hospital of a short certificate (showing her appointment as executrix) or an order of court. Petitioner is desirous of reviewing these records, without opening an estate to do so. WHEREFORE, Petitioner respectfully requests this Honorable Court to issue a Decree directing Members 1st Federal Credit Union to distribute the proceeds of the certificate to Petitioner, who is the party entitled to receive them. Further, Petitioner respectfully requests this Honorable Court to issue a 4 ..... Decree directing Holy Spirit Hospital to release to Rita M. Smith any such medical records pertaining to her late husband, Dwight P. Smith, as Rita M. Smith may request. Respectfully Submitted, es D. Cameron o ey 1.0. No. 58998 13 North Front Street HarriSburg, PA 17102 (717) 236-3755 Attorney for Petitioner 5 YERI FI CATION The undersigned hereby certifies that the foregoing statements which are within my personal knowledge are true and those which are based on information received from others is believed to be true. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ~-R~m -~lj( RITA'M. SMITH - ------ CERTIFICATE OF SERVICE r hereby certify that r have served a true and correct copy of the foregoing Petition for Settlement of Small Estate upon the follows, this 14th day of March, 2006: following by first-class mail, postage prepaid, addressed as Records Custodian HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 . Cameron ey 1.0. No. 58998 132 North Front Street Harrisburg, PA 17102 (717) 236-3755 Attorney for Petitioner 7 EXHIBIT A Th;< ;<,.10 e""';fv 't," ,:" '.,'coo,,;oo he,e g;veo ;s correctly cop;ed fcom ao o';g;nal ce";!;c",e of "ealh duly {ded w;lh me as Loc aJ Regi w", n" on,;"" I '''',' dOo"" wHI be l' o,wacde<r 10 'the' Slale V; 'al Reco,ds 0 me, fa, peooan'e"t fiI;ng, . WARNING: It is illegal to duplicate this copy by photostat or photograph. Fe,~ t:'r i l1is L'l'rtificate, $6.00 ?(t1J/OJ.... L b.tV f ~il t?J.s Date /J j ';(0:., , 'MM' ,~-d". .tt<4;,. .' - Local Registrar c/ D .-; ?ql:~t19~6 ~. ........ L... t,.. t,j l V ----- ~o. H105 143 Hu... 21B7 TYPE/PRINT 'N PERMANENT BLACK INK COMMONWEALTH OF PENNSYlVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ---:-:----- NAME OF DECEDENT (First, Middle, La:;l) 1 AGE (Lasl Birthday) 85 Y" STATE FILE NUMBER 5. COUNTY OF DEATH 'b. Cumber land ~~:~tyj 0 RACE - American Indian, Black, While, Ell (Spec'fy) 10. whi te SURVIVING SPOUSE (1"""'I.'ll'v.ma.lden~1 DECEDENT'S USUAL OCC1JPATrON 30 N. 25th Street Camp Hill, PA 17011 MARITAL STATUS. Married Never Married, WidOWed. Divorced (Specify) 14 married 17... Slale PA Did deCedent live in a township? 17e. 0 Yes. deCedenllive~ in 17d.@ ~~~e~~~:I~~dOf Camp Hill 17b. CounlL Cl1m~r lanrl ~ :J "' <( ~ Don...llOIlO . 21i1. . SIGNA TURE OF FUNERAL PA 17055 . CilylTown, Slale, Zip COde ~ " 2&. : ApPfoltimate . interval between : onset and death Other signilicanl condilioos COOlribuliog to dealh. but nol resulting in ll1e unden)ing cause gi'o'en in PART I WERE AUTOPSY fINDINGS MANNER OF DEA Iii AVAILABLE PRIOR TO COMPLETiON OF CAUSE NCitural OF DEATH? DATE OF INJURY (Month. o.~, Yllllf) Ye, rjJ No 0 ~ o o Ye,o NoD 30e. Homicide INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. o o o ;~;'CE OF INJURY bu.h:J'flg,IlICjSpllc'fyj 30e. .. Accidefll Penuing Invtlstigalion COIJld (Jul be deltlrrnined NU~ Yo,o SUIcide 28a. 2ab. CERTIFIER (Chuck only one) 'y~~~f~~':,r~~f;~~~~~'~-;:;h'~g~~~~a':.'t.':.'I: 1l:':~ho:~':~(:r~~:l'~~X~~:-::~h:.~f~~"~~~::~.d. d~~.'~a~~:~'~'PI:~:d. i'~":23).. 20 .PRONOUNCING ANQ CERTifYING PHYS'CIAN IPh"i'ia" ""'h "'OIIO""""g dea., a',d '.'''l''''g 10 cau,. 01 dealh) To th. boo' 01 my k"o"'od.o doo'h ocou"od 0' Ihollmo, do.., o"d placo. ond duo 10 th. cau...(O) ond man"o"a a""d. 31b. LICENSE NUMBER .........0 31c. c> l.6' ,,/ f ~ 31d NAME AND ADDRESS OF PERSON WHO COMPlE AUS 'or DEATH (Item 21) TyP8 or Ptinl 5--/ 9'4AYAA,A.-I,A.;A .f.L..,/l.r~ 1'.__ o .r-j),; ~AA'<t..- (A' '.'..LN ~ 32. , DATE FILED (Mooltl. Day, Year) 3. No I/e rl1 .!x.? fi!- 'I A () c> 5 -MEDICAL EXAMINER/CORONER On th. bool. 01 .....'''.lIon a"d/o, In...II..llon, I" my OP',,'on, de.th oCOU"od 01 'ha lima. da'., and pl.co. and duo 10 'ha c.ua..,.) ."d ma"no... .'o'od. .......... '" ................................. 310 RE.cI~"JRAR.S SIGNATURE AND N~M8ER ~ . . f ~'.....J....;j.Yl~~__....,_#_u_ ~'.C 0-".?-'L ~~[~~~&L ~ v' /,'// III ) Q II ~,dj ,",p dly/boro PA - EXHIBIT B . , ' . . In re DWIGHT P. SMITH deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT I, DWIGHT P. SMITH, ESQ., an adult child of Dwight P. Smith (now deceased) and Rita M. Smith, do hereby consent to the granting of the relief requested in the Petition for Settlement of Small Estate Pursuant to 20 Pa.C.s. ~3102 being filed in the above-captioned matter by my mother, Rita M. Smith. I have had an opportunity to review a draft of the Petition prior to its filing, which opportunity I agree to accept in lieu of being formally served with the Petition subsequent to its filing. Date: 3-./ ~ I JOG I I PS SMITH - In re DWIGHT P. SMITH deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT I, LEAH SMITH HOCH, an adult child of Dwight P. Smith (now deceased) and Rita M. Smith, do hereby consent to the granting of the relief requested in the Petition for Settlement of Small Estate Pursuant to 20 Pa.C.S. ~3102 being filed in the above- captioned matter by my mother, Rita M. Smith. I have had an opportunity to review a draft of the Petition prior to its filing, which opportunity I agree to accept in lieu of being formally served with the Petition subsequent to its filing. Date: 3 --') C(? '-I J /10 ). I I d..-L.t-jf, -~/T'vvL>C^-) -hr::A LEAH SMITH HOCH . , , In re DWIGHT P. SMITH deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT I, MAURA FRANCIS SMITH, M.D., an adult child of Dwight P. Smith (now deceased) and Rita M. Smith, do hereby consent to the granting of the relief requested in the Petition for Settlement above-captioned matter by my mother, Rita M. Smith. I have had of Small Estate Pursuant to 20 Pa.c.s. ~3102 being filed in the an opportunity to review a draft of the Petition prior to its filing, which opportunity I agree to accept in lieu of being formally served with the Petition subsequent to its filing. Date: -f-- b -] _1 ;' _I (i (i /~ <':.~ ~,- (.-1----- l/ v \(J "-1/J{ / /. 4- i, t-?c^- MAURA' FRANCIS /7 '(' Q7}\ L,'Li&!/ll.C,(, :1 (~:t7;u-.if-/\....j SMITH, M.D. ,41 {) EXHIBIT C - . . LAST WILL AND TESTAMENT I, DWIGHT P. SMITH, of Camp Hill, Pennsylvania, being of sound mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking all former wills and codicils by me made. A. I will and direct my personal representative to pay all legally enforceable debts, including the expenses of my last illness and funeral expenses, current bills and any and all other expenses incurred in administering my estate. B. My spouse is RITA M. SMITH and my children are MADRA FRANCES SMITH; DWIGHT P. SMITH, JR.; AND LEAH VERONICA SMITH. C. I may from time to time indicate my desire that specific gifts be made from my estate upon my death. This specific gifts form shall only be effective if my spouse, RITA M. SMITH, does not survive me. If I make known my desire in a writing referring to or attached to this Last Will and Testament, upon my death, the personal representative(s) shall distribute the specific gifts as if the specific gifts had been made in this Last Will and Testament itself. In dating the specific gifts document, it is not my intention to redate the entire Last Will and Testament. D. If my spouse, RITA M. SMITH, survives me, my personal effects, including automobiles, boats, sporting equipment, jewelry, furniture, furnishings, china, glassware, silver and household equipment (except those items which are specifically given to a beneficiary elsewhere in this Last Will and Testament in which case said specific gift shall take precedence over this paragraph) shall go to my surviving spouse. If my spouse, RITA M. SMITH, does not survive me, then I direct that my personal representative(s) divide my personal effects, as described above (except those items which are specifically TESTATOR: Cff5 WIlNESSES: t?tm,A / 4 yft71 - I , Page 2, Last Will and Testament of DWIGHT P. SMITH given to a beneficiary elsewhere in this Last Will and Testament in which case said specific gift shall take precedence over this paragraph), among my children or their issue by representation as they may agree or, failing such agreement, in such manner as my personal representative(s) may deem equitable. If my spouse does not survive me and if my children or their issue by representation do not agree, I give my personal representative(s) full discretion to determine the division and distribution of the articles above referred to between my children or their issue by representation, and such determination shall be binding on all persons. If any beneficiary of mine is a minor at the time of such division, distribution shall be made to the person having custody of him or her for purposes of this provision, and the receipt of such person for the distributible share of such minor shall fully and completely release my personal representative(s) from responsibility for such personal property. E. I give, devise and bequeath all of the rest, residue and remainder of my estate and property, of whatever kind and wherever situated, owned by me at the time of my death, to my spouse, RITA M. SMITH. Ifmy Spouse, RITA M. SMITH, does not survive me, I give, devise and bequeath all of the rest, residue and remainder of my estate and property, of whatever kind and wherever situated, owned by me at the time of my death, in equal shares to my children, MADRA FRANCES SMITH; DWIGHT P. SMITH, JR.; AND LEAH VERONICA SMITH. If a child does not survive me, I give the share of the deceased child in said rest, residue, and remainder to that child's issue by representation. If the deceased child leaves no surviving issue, then that child's share shall be given in equal shares to my other children or their issue by representation. F. If no beneficiaries named in this Last Will and Testament nor alternate beneficiaries named in this Last Will and Testament survive, then I give the rest, residue and remainder of my estate and property, of whatever kind and wherever situated, owned by me at the time of my death to my heirs at law. G. Any person who does not survive me by sixty (60) days shall be deemed not to have survived for purposes of distribution pursuant this Last Will and Testament. . . Page 3, Last Will and Testament of DWIGHT P. SMITH H. If my spouse and I should die under such circumstances as would render it doubtful as to which of us died first, then it shall be conclusively presumed for the purposes of this Last Will and Testament that my spouse died first. I. PERSONAL REPRESENT A TIVE(S): 1. I constitute and appoint RITA M. SMITH personal representative of this my Last Will and Testament. I authorize and empower my personal representative to sell, transfer and convey any and all of the property of my estate, real and personal, and to execute, acknowledge and deliver good and sufficient transfers and conveyances thereof. 2. If RITA M. SMITH is unable or unwilling to serve as personal representative, I constitute and appoint MAURA F. SMITH as personal representative, to serve with all rights and responsibilities given to the original personal representative(s). 3. IfMAURA F. SMITH is unable or unwilling to serve as personal representative, I constitute and appoint DWIGHT P. SMITH, JR. as personal representative, to serve with all rights and responsibilities given to the original personal representative( s). 4. If no personal representative named in this will is willing and able to act, a personal representative or co-personal representatives may be selected by the majority of adult beneficiaries named herein. The personal representative(s) so selected and appointed shall have all rights and responsibilities hereinbefore given to the named personal representative(s). 5. No bond will be required of the personal representative(s). J. In construing this will, words which import one gender shall be applied to any gender where appropriate. The singular imports the plural and the plural imports the singular where appropriate. Trustee inclndes any person or coljlOration from time to time holding that office as sole or co-trustee. Personal representative includes any person or cOrporation from time to time holding that office and also includes a special administrator. - -- . . . . . . Page 4, Last Will and Testament of DWIGHT P. SMITH IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,;Jq~ day of Ft-brr.;"../ , 1999. ( DV;~~ We, Y;;Y lL m s;ac. U';' and )u r<", E, m...<vs , the witnesses, whose names are signed to the attached or foregoing instrument, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's last will, that the testator signed it willingly or directed another to sign it for the testator, that it was executed as a free and vohmtmy act for the purposes therein expressed, and that we, in the presence and hearing of the testator, signed the will as witnesses, and that to the best of OUT knowledge the testator was at the time eighteen or more years of age, of sound mind, and under no constraint or undue influence. ~h 4# .vf,,&:ci )9i ess / ~ e~_. Witness Commonwealth of Pennsylvania: County of Dauphin: SubScribed, sworn to and acknowledged before me by DWIGHT P. SMITH, the testator, and subscribed and sworn to befure me by J.Y<<- m ~<U~l' and 5'."N E. 171."_1 ,witnesses, this~dayof htr_,,~ ,1999. / (Seal) eidler, Notary Public Notarial Seal Robert J. Kreidler, NOla~ Public Susquehanna Twp.. Dauphin County My Commission Expires Oct. 14, 2002 Member. PAnni:vlv~";' --;~""., ~; ".-tflries -- EXHIBIT D ... .. . February 8,2006 Mrs. Rita M. Smith 30 North 25th Street Camp Hill, PA 17011 , , ll'tafpezzt J1'Un~af tlome 8 Market Plaza Way Mechanicsburg, PA 17055 (717)697-4696 .. . The Funeral Service for Mr. Dwight P. Smith We sincerely appreciate the confidence ynn have placed in ns and will continue to assist you in every way we can. Please feel free to contact us if you have any questions in regard to this statement. mE FOU.OWING IS AN ITEMIZED STATEMENT OF TIiE SERVICES, FACILITIEs, AUToMOTIVE EQUIPMENT. AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. I. PROFESSIONAL SERVICES Services of Funeral Director/Staff. . . . . . . FUNERAL HOME SERVICE CHARGES $3545.00 $3545.00 SELECTED MERCHANDISE: Oak Rental Caske~ . . Pecan Hardwood Urn. . . . . Register, Folders, Ackn.. . . . THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE THA T YOU HAVE SELECTED . . . . . . . . . . . . . $4853.00 AT TIiE TIME FUNERAL ARRANGEMENTs WERE MADE. WE ADVANCED CERTAIN PAYMENTS TO OmERS AS AN ACCOMMODATION. TIiE FOLWWING IS AN ACCOUNTING FOR mOSE CHARGES. CASH ADVANCES Certified Death Certificates . Newspaper Notices - Patriot. Clergy/Mass Offering. Organist;, . . Soloist/Cantor. . . Flowers. . . . . TOTAL CASH ADVANCES AND SPECIAL CHARGES . CONTRACT PRICE . . . . . . . . . . . . HISTORY 12120/2005 Payment - Leah Houch. 12/27/2005 Cumbo Co. VA. . . 12/3 1/2005 Overpayment Refund . TOTAL AMOUNT DUE $765.00 $475.00 $68.00 $120.00 $202.50 $200.00 $100.00 $75.00 $164.30 $861.80 $5714.80 $-5714.80 $-100.00 $100.00 SO.OO