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HomeMy WebLinkAbout03-29-12.~- 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 betters 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: Matthew David Martin a/k/a: a/k/a: a/k/a: Date of Death: November 8 2011 File No: ~1 l _ 1~` (Assigned by Regis Age at death: 30 Decedent was domiciled At death in Cumberland County, peen. Ivania ~Y (Stare) with his/her last principal residence at 204 Center Street, Enola. East Pennsboro Township Cumberland County Pennsylvania Street. address, Post Office and Trp Code City, Township or Borough Coun ty Decedent died at Comnanv C, 1st Battalion 101st Aviation Reeiment 101st CAB Fort Campbell Christian County, Kentucky Street address, Post Office snd Zip Code City, Township or Borough Count Y State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ 1 000.00 If not domiciled in Pennsylu~ania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 1 000 00 Real estate in Pennsylvania situated at: (Attach addttional sheets, :f necessary.) Street address, Post Office and Zip Code City, Township or Borough Couu ® 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 February 3, 2010 and Codicil(s) thereto dated - State relevant circumstances (eg, renunciation, death of execator, era) ^ B. Petition for Grant of Letters of Administration (If applicable) c. t. a., d.b.n., d.b.n.c.t.a., pendente life, 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 com fete list of heirs. Except as follows: Decedent.. was not a party to a pending divorce proceeding wherein the grounds for divorce h een establis ' as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ~ ~ © NO EXCEPTIONS Q' EXCEPTIONS ~ ~ ~ ;~, FormRW-02 rev. /0//1/20/1 Page 1 of 2 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 QI EXCEPTIONS Was killed on active military duty. Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the :following ,,~~,~.,,~~4,,rr ~~~~ ~ , ~ additional sheets, if necessary): '>?;'~visla~Y) weirs (~(tac~ ' Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s) Printed Name Petitioner(s) Printed Address Andrea M. Matter-Martin 204 Center Street Enola PA 17025 717 439-0446 CLERK ~~ _+ ~~ ~J~ P,~R ! r. ~ The Petitioner(s) above-named swear(s) 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 Representative(s) of the Deced//e~~nt, the Petitioner(s~)w/ill well and truh~ administer the estate according to law. Sworn to or affirmed and subscribed before Lr~/~ ~ • //l ~ Date .3- L 9 ~ ~ ~ me this ~, da of , ~ - _o~J Date By: Date or Register Date BOND Required: Q YES `ice "O FEES: Letters ...................... $ ~~ ( ?) )Short Certiticate(s}...... 4 ~ , ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other (/Lj•t \ 1 ....... . To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: ~~ ~( Printed Name: C ig A. Diehl, Esquire Supreme Court ID Number: 52801 Firm Name: Law Offices of Craig A. Diehl Address: 3464 Trindle Road C amn Hill, PA 1701 1 Automation Fee ............... _1~ l JCS Fee . .................... ~3 - S~ TOTAL ..................... $ -~'~17:0(1' -~ SZ'r" Phone: (717)763-761.3 Fax: (717)763-8293 Email: di .hl Sar~iehllaw_cnm DECREE OF THE REGISTER Estate of Matthew David Martin File No:~ a/k/a: AND N satisfactory been presented before me, IT are hereby granted t~ the instrument(s) dated d,/ 3//Q described in the Petition be admitted to probate and filed of ~~ , in co Sider tion of the f regoing Petition, tEED that Letters~~, in the above estate and (if applicable) that the las Will (and C cil(s)) f Decedent. r ~ Form Rw-az rev. loit~izo~~ ~ j '~ ~~~ ~ ~ ~ ~~ ~ ~ ge 2 of 2 DEPARTMENT OF THE ARMY REPORT CONTROL SYMBOL U.S. ARMY HUMAN RESOURCES COMMAND DD-P&:R(AR)1664 REPORT OF CASUALTY FORT KNOX KY 40122 1. REPORT TYPE 2. DATE PREPARED Inif-tal 01 Dec 2011 3. SERVICE IDENTIFICATION a. NAME (Lass; First Midde and Stdlix,1 b. SOCIAL SECURfTY NO. c. RANK d. PAY GRADE e. OCCUPATIONAL CODE/ Martin, Matthew David SGT' E-4 RAnNc 15R10 f. COMPONENT g. BRMNCH h. ORGANIZATION Regular USA Company C, 1st Battalion, 101stAviation Regiment, 101st GAB, Fort Campbell, KY 4. CASUALTY INFORMATION a. TYPE b. STATUS c. CATEGORY d. DATE OF CASUALTY e. PLACE OF CASUALTY Nonhos6le Deceased Pending 08 Nov 2041 Fort CampbeN, KY f. GRCUMSTANCES Determination Pending g. DUTY STATUS h. BODY RECOVERED Active Du On D Yes 5. BACKGROUND(NFORMA a. DATE OF BIRTH h. PLACE OF BIRTH c. COUNTRY OF CITIZENSHIP 24 Feb 1981 Harrisbur , PA United States d. RACE White e. ETHNICITY f. SEX None g. RELIGIOUS PREFERENCE Male No Religious Preference 6. ACTIVE DUTY INFORMATION a. PLACE OF ENTRY b. DATE OF ENTRY c HONE OF RECORD AT TIME OF ENTRY Mechanicsbur , PA 14 Mar 2006 Enola, PA 7. INTERESTED PERSONSlREMA S (roams. Addess; andRe/a[ronship) (Co,n~ue on separate sheet ifrrecessary) Andrea Marie Matter-Martin, c~04 Center Street, Enola, PA 17025-2605 (Wife), (1, 2, 3, SGLI 100°~) *'""`' End of Interested Persons """' Specialist Matthew David Martin was posthumously promoted to the rank of Sergeant, as of 08 November 2011, under provisions of Public Law 680, 77th Congress, as amended. Pay grade shown in item 3d is that of E-4 since additional pay is not involved. c7 r.. -~ -o .~. ~ , c ~ ~ rs'j ~ t Q _ ". .~.. i . i, _ J ~ ~ -- rr --r ~ .~, FOOTNOTES: 1 Primary next-of-kin. 4~ ~ ~ 2 Berrefidary(ies) ford gr~rely - as designated on record of errrergency data. 3 Beneficiary for unpaid~ay and a9owarrces - as designated on record of emergency data. .... --r 7 8. REPORTING INFORMATION a. COMMAND AGENCY Fort Campbell, KY 42223-500 b. DATE RECEIVED 9. DISTRIBUTION 18. Sf TORE ELEMENT 08 Nov 2011 CAM BY D OFT ~ECRETARY OF THE ARMY: ~ ~ MEA ~ // ~ ~ /saw i~aic I n~ ~ r: f yes ~ n~~ a faait~e tl~e castr oI bonds, ure Payment a commerdat insurance, ~* any other daim in proof of death is required DD FORM 1300, FEB 2011 f PREVIOtlS EDITION MAY 8E USED. Adobe proress;ma; 9.e __ r ' ~ j ~ r i • ' ~ . LAST WILL AND TESTAMENT OF MATTHEW D. MARTIN Dated: February 3, 2010 Prepared by: JOHN M. VR11TT, CPT, JA Bldg. 125, Forrest Rd Fort Campbell, KY 42223 (270)798-0795 c~ r., r~.~ ~ ^~ -n ; ~D~ ' C CIS lE . . J"7 " > , ~ i'..-7 v C~`} -Cj-~") -, ~ .,} __ ?~~ `mac -j D ~ ~ _.. _ ~~ ~._ G? ~'~ Q G -7'7 MILITARY TESTAMENTARY PREAMBLE: This is a MILITARY TESTAMENTARY INSTRUMENT prepared pursuant to Title 10 United States Code, Section 1044d, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this document from any requirement of form, formality, or recording that is prescribed for testamentary instruments under the laws of a state, the District of (:olumbia, or a territory, commonwealth or possession of the United States. Federal law specifies that this document shall be given the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the jurisdiction in which it is presented for probate. It shall remain valid unless and until the Testator revokes it. LAST WILL AND TESTAMENT OF MATTHEW D. MARTIN I, Matthew D. Martin, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am in the military service of the United States, currently stationed at Fort Campbell, Kentucky. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: It is my desire that, upon my death, be buried with full military honors at Arlington National Cemetery, unless another place is determined by my wife, Andrea M. Matter-Martin. THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitQed at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my v~ife Andrea M. Matter-Martin survives me, to my wife outright. (b) If my '.wife does not survive me, then to those of my children (which I hereafter may have) who survive me and to the issue who survive me of those of my childrenwho shall not survive me, per stirpes. (c) If my wife does not survive me and there shall be no issue of mine then living, my residuary estate shall be paid and distributed to my mother-in-law Barbara Matter if she shall survive me. (d) If none of the beneficiaries described above shall survive me, then I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FOKTRTH: If any property of my estate vests in absolute ownership in a minor or incompetent, rrly Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor maybe such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FI1~TH: I appoint my wife Andrea M. Matter-Martin to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my mother-in-law Barbara Matter as my Executor. If my mother-in-law Barbara Matter shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my aunt Dorothy Keebaugh as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. SIXTH: I grant to my Executor all powers conferred. on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and othezrwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. SEIVENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me' unless such beneficiary survives me by more than thirty days. The terms "child," "children" and "issue" as used in this will include children and issue hereafter born. 2 EIGHTH: I have served in the Armed Forces of the United States. I therefore request that my Ei~ecutor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. IN 1WITNESS WHEREOF, I, Matthew D. Martin, sign my name and publish and declare this insitrument as my last will and testament this 3rd day of February, 2010. ~~, Matthew D. Martin The foregoing instrument was signed, published and declared by Matthew D. Martin, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~"_ i having an address at ~1~-pus ~, ~~ , ~-' .~o hs~ f3iaE dl~c7 having an address at 3 MILITARY TESTAMENTARY INSTRUMENT SELF-PROVING AFFIDAVIT WITH THE UNITED STATES ARMED FORCES AT FORT CAMPBELL, KENTUCKY We, the Testator and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that in the presence of the military legal counsel and the witnesses the Testator, Matthew D. Martin, signed and executed the instrument as his military testamentary instrument, that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed. It is further declared that each of the witnesses, at the request of the Testator, in the presence and hearing of the Testator, the military legal assistance counsel and each other, signed the military testamentary instrument as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age or emancipated, of sound mind, and under no constraint, duress, fraud or undue influence. Matte .Mart n Testator _~ ~~ print:.s~~~,w~ S . ~a~~~ Witne rin . 6v6d~ $~•~ d/c y Witness Subscribed, sworn to and acknowledged before me by the said Matthew D. Martin, Testator, and subscribed and sworn to before me by the above-named witnesses, this 3rd day of February, 2010. I, the undersigned officer, do hereby certify that I am, on the date of this certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of service, and organiz~ltion stated below in the active service of the United States Armed Forces, or an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is required on this certificate, under authority granted to /me by Title 10 U.S.C. 104~~5 p`q'M~ its ~11!~ \r"/~ ~yJ~o~PQy PUB ,~4,~O~C~ Name of Officer and',Position: ~p ~ : Grade and Branch of! Service: Command or Organisation: PHYLISHA A. SOUTH MAJ, U.S. ARMY Judge Advocate Indef. l0 U.S.C.10~4" ~ AV~HBy IZE~t y * ~ VAC rf ~~...r