HomeMy WebLinkAbout01-14-13J 15175610105
REV-1500 ~"°'-'"`FD
PA Department of Revenue Pennsylvania OFFICIAL USE ONLY
Bureau oflndividuat7axes 0e~.~,Men,~~jNHERITANCE TAX RETURN CounryCode Year FileNUmber
PO BOX z8o6o1 ~ I I ~ ~ ~~
_ Harrisburg PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Securty Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
Decedent's Last Name Suffix Decedent's First Name
MI
Schwartz Jeanne
(If Applicable) Enter Surviving Spouse's Information Below L
Spouse's Last Name Suffix
Spouse's First Name MI
Nixon
Nancy
Spouse's Social Security Number
069-36-3599 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRWTE OVALS BELOW
Olp 1. Original Return O 2. Supplemental Return O 3. Remainder Return (Date of Death
Prior to 12-13-82
O 4. Limited Estate O 4a Futur I t )
e n Brest Compromise (date of
death after 12-12-82) O 5. Federal Estate Tax Return Required
OiD 6. Decedent Died Testate O 7. Decedent Maintained a Livin Trust
(Attach Copy of Will) 9
8. Total Number of Safe Deposit Boxes
(Attach Copy of Trust.)
O 9. Litigation Proceeds Received O 10. Spousal Poverty Credit (Date of Death O 11. Election to Tax untler Sec. 9113(A)
Between 12-31-91 and 1-1-95) (Attach Schedule O)
CORRESPONDENT- THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL -,
TAX INFORMATION
~
'
Name OULD BE DIRE
7
D TOrA .Z
Cindy L. Villanelle
Esq Daytime Tel o~ NumberC_ ITi Cmj
ca
,
. (717
761
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)
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e
~~ c7 -= en :.m
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REGI ,SERF I LS USE ONL., ~i ti t
First Line of Address -i•t ` 1
875 Market Street ~ ~~ :~i ~ r
,.
,.
Second Line of Address , ,'. q
'
,....
City or Post Offce State ZIP Code DATE FILED
Lemoyne PA 17043
Correspondents a-mall address: cindyvillanella carrucoliandassociates corn
Under peneltles of perjury, I declare that I have examined this return, including accompanying schedules and statements, antl to the best of my knowledge and belief,
It ie true, correct and complete. Declaretlon of preparer other than the personal representallva is based
ll I
f
on e
SIGNATURE OF PERSON RESPONS BLE FOR FILING RETURN n
ormation of which preparer has any knowledge.
~ • DATE
ADDRESS
~~- /n~~
L]cL 19~ ZA(?
~ ~' 4• ~~k ~~btg
SI PREPAR O R N REPRE ATIVE
DA
SS /r1
PLEASE USE IOINAL ORM ONLY
Side 1
L 1505610105 1505610105 J
1505610205
REV-1500 EX (FI)
Decedent's Social Security Number
Dacedeat~a Name: Jeanne Swartz 192-34-6792
RECAPITULATION
1. Real Estate (Schedule A) ..........
............................... .... 1,
0.00
2. Stocks and Bonds (Schedule B) .....
.............................. .... 2,
0.00
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) .. ... 3.
0.00
4. Mortgages and Notes Receivable (Schedule D)
........................ .. .
4.
0.00
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E).... ... 5,
5,741.21
6. Jointly Owned Property (Schedule F) O Separete Billing Requested 6
....
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property ...
.
O.OO
(Schedule G) O Separate Billing Requested..... ... 7.
0.00
8. Total Gross Assets (total Lines 1 through 7) .
...............
..........
... 8. 5,741.21
9. Funeral Expenses and Adminishative Costs (Schedule H)
..... .
9.
20,533.59
10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) ...... 10
...... ...
.
0.00
11. Total Deductions (total Lines 9 and 10) .....
......................... ... 11.
20,533.59
12. Net Value of Estate (Line 8 minus Line 11).
...........
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
12.
-14,792.38
an election to tax has not been made (Schedule J) .............. 13
........ ,
..
0.00
14. Net Value SubJect to Tax (Line 12 minus Line 13)
.......... .
1a.
-14,792.38
TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rete, or
transfers under Sec. 9116
(a)(1.2) X .0_ 0.00 15.
16. Amount of Line 14 taxable
at lineal rate X .0 _ 16
17. Amount of Line 14 taxable
at sibling rate X .12 17
18. Amount of Line 14 taxable
at collateral rate X .15 18
19. TAX DUE ........................................................ . 19. O.OO
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
O
I_ Side 2
1505610205 1505610205 J
REV-1500 EX (FI) Page 3
Decedent's Col
DECEDENTS NAME
Jeanne Schwartz
STREETADDRESS
8 Abbey Court
CIN
Carlisle
Address:
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19)
2. Credits/Paymenis
A. Prior Payments
B. Discount
3. Interest
300.00
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
FIII in oval on Page 2, Llne 20 to request a refund.
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
File Number
STATE I ZIP
PA 17015
(1) 0.00
Total Credits (A+ g) (2) 300.00
(3) 0.00
(4) 300.00
(5) 0.00
Make check payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Dld decedent make a transfer and:
Yes
No
a. retain the use or income of the property transfeYred .................................................................... ...... ^ ^
b. retain the dght to designate who shall use the property transferred or its income ..................................... .....
^
c. retain a reversionary interest ....................................................................................................................... .......
d. receive the promise for life of either payments, benefits or care? ............................................................... ....... Q
2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ................
3. Did decedent own an "in trust for" orpayable-upon-death bank account or security at his or her death? ........ ...... ^
4. Did decedent own an individual retirement account, annuity or other non-probate property, which
contains a beneficiary designation? .................................................................................................................. ...... ~ ^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN
For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is 3 percent [72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death tc or for the use df a natural parent, an
adoptive parent or a stepparent of the child is 0 percent [72 P.S. §9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to orfor the use of the decedent's lineal benefidaries is 4.5 percent, except as noted in [72 P.S. §9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116(a)(1.3)]. Asibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REVn5o8 EX+ (o8-~z)
~ pennsytvania SCHEDULE E
DEPARTMENT OFREVENUE CASH, BANK DEPOSITS & MISC.
wRER1rANCE Tax REruaN PERSONAL PROPERTY
RESIDENT DECEDENT
CRwre nv.
SchartzVJeanne FILE NUMBER:
Include the proceeds of litigation and the Harp rho ~..,wea.. ,...._ ____:__. ~.
- -~--- ~- ~~--- ~~ ~~~~•~~~~e~ mroeu ui paper or me same size.
p~~
499 Mitchell Road, Millsboro, DE 19966 Adjustment Services
Nancy J. Nixon
8 Abbey Court
Carlisle, PA 17015
Re: Estate of Jeanne L. Schwartz
Social Security: 192-34-6792
Date of Death• Aoril 14 2012
Phone 888-502-0349
F ax (302) 934-2955
July 12, 2012
Dear Sir or Madam:
Per your inquiry on July 9, 2012, please be advised that at the time of death, the above-named decedent had on
deposit with this bank the following:
1. Type of Account
Account Number
Ownership (Names o~
Opening Date
Balance on Date of Death
Accrued /nterest
Total
2. Type of Account
Account Number
Ownership (Names ofl
Opening Date
Balance on Date of Death
Accrued Interest
Total
Checking Account
1124129
Jeanne 4 Schwartz
01/18/1992
$1,877.28
$ .00
$1,877.28
Savings Account
15004200939451
Jeanne L Schwartz
0120/1992
$3.613.93
$ OS
___
$3.613.98
REVnSOg EX+ (m-ao)
~ ~ pennsylvania
DEPARTMENT OF REVENUE
INMERRANCE TqX RETURN
RESIDENT DECEDENT
SCf1ED11LE F
JOINTLY-OWNED PROPERTY
Schwartz, Jeanne
If an asset became
owned within one
SURVIVING JOINT TENANT(S) NAME(S)
A• Nancy Nixon
B.
C.
]OINTLY OWNED PROPERTY:
of the deeedenYs date of
ADDRESS
8 Abbey Court
Carlisle, PA 17013
RELATIONSHIP TO DECEDENT
Domestic Partner
REM LETTER
FOR ]O1N DATE
T DESCRIPTION OF PROPERTY
NUMBER
TENA MADE JNCLUDE NAME OF FiNANCDIL INBTRUTION AND BANK ACCOUNT NUMBER OR S1MIWt DA
TM
NT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY HELD REAL EBipTE DATE OF DEATH DE EDEM'B VALUE OF
J.
A. . VALUE OF ASSET IMEREST DECEDENT'S INTEREST
05/24/11 8 Abbey Court, Carlisle
PA 17013
, 130,000.00 100 0.00
FILE
It must be reported on Schedule G.
TOTAL (Also enter on Line 6 Recapitulation) I S 0.00
If more space is needed, use additional sheets of paper of the same size.
r ~~
~5 ~~r
~I~IIIIII~
0
Tax Parcel # 40-24-0759-001-U64---1
V~GUJ~ ~YLL~
MADE this a~~
BETWEEN
day of mt7,),~ , 2011,
Michael H. Blackman, single man, of Cumberland County, Pennsylvania,
"GRANTORS",
AND
Nancy J. Nixon and Jeanne L. Schwartz, both of Carlisle, Cumberland
County, Pennsylvania,
"GRANTEES",
WITNESSETH, that in consideration of the sum of ONE HUNDRED TWENTY-EIGHT
THOUSAND and 00/100 ($128,000.00) DOLLARS, in hand paid, the receipt whereof is
hereby acknowledged, the said Grantors do hereby grant and convey in fee simple to
said Grantees, their heirs and assigns, as joint tenants with right of survivorship,
ALL that certain tract of land with improvements thereon situate in South Middleton
Township, Cumberland County, Pennsylvania, being designated as Unit B-4 in a
Subdivision of the Villas in Plan Book 52, Page 124, described as follows:
BEGINNING at a point on the northwestern corner of the property of Unit B-5; thence
along Unit B-5, South 75 degrees 47 minutes 50 seconds East 82.75 feet; thence along
other common area, South 14 degrees 12 minutes 10 seconds West 26.00 feet to the
corner of Unit B-3; thence along Unit B-3, North 75 degrees 47 minutes 50 seconds
West 82.75 feet; thence along common areas, North 14 degrees 12 minutes 10
seconds East 26.00 feet to the point of BEGINNING.
BEING designated as Unit B-4 on a Subdivision Plan recorded in Cumberland County
Plan Book 52, page 124.
CONTAINING 2,152 square feet.
BEING KNOWN as 8 Abbey Court, Carlisle, Pennsylvania.
BEING the same premises which Estate of Virginia H. Blackman, deceased, by Deed
dated April 21, 2011 and recorded April 25, 2011 in the Office of the Recorder of Deeds
in and for Cumberland County in Instrument No. 201111875, granted and conveyed
unto Michael H. Blackman, Grantor herein.
AND the said Grantor hereby warrants specially the property herein conveyed.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and
year first above written.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Michael H. Blackman
:ss.
On this the p14 day of IY10. , 2011, before me, the undersigned officer,
personally appeared Michae~. Blackman, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that
he executed same for the purposes therein contained.
WITNESS my hand and official seal the day and year first above written.
N•ww sw
carl'~Ibr~oup,M~.rloaryPunk tary~bl
My Cgma ~bal~nd county, PA
~^ e~+Au~ 11, 2011
I hereby certify that the precise residence and complete post office address of the within
nam~~ned Grantees is: $ ~l~~r ~ \ ~ h51e , P,,a. 1~oIS-
I/Cou-/ ~7 , 2011
ttorney for Grantees
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201115241
Recorded Oo 5/27/2011 At 2:46:36 PM
* Instrument Type -DEED
Invoice Number - 87582 User Hl - ES
* Creator - BLACKMAN, MICHAEL H
* Grantee - NIXON, NANCY J
* Customer -SHAW
* FEES
STATE TRANSFER TAX $1,280.00
STATE 1tRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FE8 $2.00
ROD ARCBIVEB FEE $3.00
SOUTR MIDDLETON SCHOOL $640.00
DISTRICT
SOUTH MIDDLETON $640.00
TOWNSHIP
TOTAL PAID $2,622.00
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
Rv EG~ORDER O
" - Information denoted by an aeteriek may change during
the verifintfon process and may not be reflected on ibis pages
002ABB
III~I~IINIIIIIN InIN
REV-1510 E%+ (08-09)
~ ° Pennsylvania
OERARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULEG
INTER-VIVOS TRANSFERS AND
MISC. NON-PROBATE PROPERTY
Schwartz, Jeanne
PILE
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is ves_
ITEM
NUMBE
1 DESCRIPTION OF PROPERTY
R ~xnuDE rRE rvaNE OF THE TaaxsFEaEE, ME~s RewnoxswvTa ozcsoENT axo
n~EOATE OF TxwsFER. anaaacovr or THE OEEOroR RDU ESraTE,
DATE OF DEATH
VALUE OF ASSET
Wo OF DECD'
INTEREST
S EXCLUSION
~ravEUUazE
TAXABLE
VALUE
IRA LPL Financial
401 East Lcuther Street, Suite 272, Carlisle, PA 17013
89,878.48
100
100.0
0 0.0(
TOTAL (Also enter on Line 7 Recapitulation) ; I 0 00
If more space is needed, use additional sheets of paper of the same size.
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REV-1511 EX+ (1U-U9)
~ - Pennsylvania SCHEDULE H
DE"FRTMENT O`REVENDE FUNERAL EXPENSES AND
wnaRlrn"cE Tnx RETUarv
RESID ADMINISTRATIVE COSTS
ENT DECEDENT
ESTATE OF
Jeanne Schwartz FILE NUMBER
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1' Hoffman Roth Funeral Home & Cremtaory, Inc.
6,095.61
B. ADMINISTRATIVE COSTS:
1. Personal Representative Commissions:
7,424.76
Name(s) of Personal Representative(s) Nancy Nixon
Street Address 8 Abbey Court
city Carlisle state PA ztP 17015
Year(s) Commission Paid: 2012
z
B• Attorney Fees:
Family Exemption: (If decedent's address is not the same as claimant's, attach explanatlon.)
Claimant Nancy Nixon 3,000.00
3,500.00
Street Address 8 Abbey Court
city Carlisle State PA zIP 17015
Relationship of Claimant to Decedent Domestic Partner
4. Probate Fees: 365.50
5~ Accountant Fees:
0.00
6. Tax Retum Preparer Fees:
0.00
~• Estate Administration Notice • The Sentinel
72 72
s. Estate Administration Notice -The Cumberland Law Journal
75.00
TOTAL (Also enter on Line 9, Recapitulation) ~ ~ 20,533.59
If more space is needed, use additional sheets of paper of the same size.
CUMBERLAND LAW JOURNAL
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
Tele: (717) 249-3168 Faz: (717) 249-2883
August 3, 2012
Cumberland Law Journal is published every Friday by the Cumberland County
Bar Association and is designated by the Court of Common Pleas as the official legal
publication for Cumberland County and the legal newspaper for publication of legal
notices.
TO: Cindy L. Villanella, Esquire
RE: Jeanne Schwartz Estate
Legal advertisements must be received by Friday Noon. All legal advertising
must be paid in advance. Make all checks payable to: Cumberland Law Journal.
Advertisement inserted on following dates:
July 20, July 27, and August 3, 2012
Advertising Cost
Proof of Publication
Second Proof Request
Payment received
Total Amount Due
$ 75.00
$ 0.00
$ 0.00
$ 75.00
$ 0.00
Becky H. Morgenthal, Executive Director
The Sentinel
ww w.tumberi inn-k.com
~~ ~~
~~u~e s~~wv~rvse~rc veervc~r+?r
CARRUCOLI S ASSOCIATES
875 MARKET STREET
LEMOYNE, PA 17043
717-761-1274
AD NUMBER PAGE NO.
411895 1 of 1
BILL DATE SALESPERSON
07/28/12 wolfs
START DATE STOPDATE
07/12/12 07/28/12
~ 411895 NOTICE ESTATE OF JEANNE SCHWARTZ, 10 PUBLIC NOTICES 12 * 2 cols
Publication Insertions Rate Net Amount Gross Amount
3 THE SENTINEL -LEGAL 3 LGL $63.72
TOTAL AD CHARGE $63.72
3 PROOF OF PUBLICATION 01 PRF $7.00
3 MOBILE SITE M0B2 $2.00
Purchase order Est.J.Schwarfz PAY THIS AMOUNT $72.72 $87.26*
*AF7ER 08/20/12
Thank you for advertising with The Sentinel! Deadline for
in-column legal ads is 4:00 p.m. two business days prior to
date of insertion. For questions, call (717) 240-7130.
THE SENTINEL
Go LEE NEWSPAPERS
PO BOX 540
WATERLOO IA 50704-0540
000235
CARRUCOLI & ASSOCIATES
875 MARKET STREET
LEMOYNE, PA 17043
Check # ^ Credit Card
^®^®^®^~
Acct #:
Ems. Date: m m
Name on credit card
Signature
Please make checks payable to:
THE SENTINEL
c/o LEE NEWSPAPERS
PO BOX 540
WATERLOO IA 50704-0540
Ad Number 411895
Billing Date 07/28/12
Amount Due $ 72.72
$
THE SENTINEL
do LEE NEWSPAPERS
PO BOX 742548
CINCINNATI OH 45274-2548
~r~u~r~r~nr~r~~ur~r~u~n~r~r~r~u~u~~u~u~u~~u~r~ur~~
21540200000004118950000000000000000872600000072724
~i
~~
~,. ,
FUNERAL HOME 6T CREMATORY, INC
219 North Hanover Sheet
Carlisle, Pennrylvania 17013
717.243.451 I
toll free 1.866.451.451 1
fax 717.243.3723
wvnvYgffrrarroth.com
into(s'hof(marrofh.com
June 6, 2012
Nancy Nixon
8 Abbey Court
Carlisle, PA 17015
Statement of Funeral Expenses for: Jeanne L. Schwartz
Date of Death: April 14, 2012 Account Id: 16529-096
PACKAGE:
Immediate burial
Immediate Burial $ 2,300.00
Sub Total: S 2,300.00
MERCHANDISE:
Casket: Kinsey $ 1,195.00
Outer Container: Cave Proof Box $ 1,175.00
Sub Total: $ 2,370.00
TOTAL FUNERAL HOME CHARGES: $ 4,670.00
CASH ADVANCES:
Slate Hill Cemetery $ 845.00
6 Certified Death Certificates at $ 6.00 each $ 36.00
Newspaper Notice -Sentinel $ 97.34
Newspaper Notice -Patriot $ 188.27
Clergy $ 100.00
Flowers $ 159.00
Sub Total: S 1,425.81
Total Funeral Expense: S 6,095.81
Total Payments Made: $ 6,095.81
Payments Made:
Nancy Nixon Check 1058 Jun 8, 2012 8,095.81
Balance: S o.00
------------------------------------------------------------------
Please return this portion with your Remittance.
$ Amount Enclosed
Jeanne L. Schwartz
Service ID#: 16529-098
SERVING OUR COMMUNITY SINCE 1907
REV-1513 EX+ (0140)
,B Pennsylvania
~~ DFPRRTMFNT OF REVENUE
INHERiTFNCE TA% RETURN
RESIDENr DECEDENT
SCHEDULE ]
BENEFICIARIES
ESTATE OF: FILE NUMBER:
Schwartz, Jeanne
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RE 0 NotSLlst Tructae(s)NT AM00 ESTATE ARE
I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under
Sec. 9116 (a) (1.2).]
1. Nancy Nixon Domestic Partner 100%
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES IS THROUGH 1B OF REV-1500 COVER SHEET, AS APPROPRIATE.
NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON L[NE 13 OF REV-1500 COVER SHEET. I j 0.00
If more space is needed, use additional sheets of paper of the same size.
.~
LAST WILL AND TESTAMENT
of
JEANNE LOUISE SCHWARTZ
I, JEANNE LOUISE SCHWARTZ, a resident of the State of
Oregon, being of sound and disposing mind and memory and not
acting under duress or undue influence of any person or persons
whatever, do hereby make, constitute and declare this to be
my Last Will and Testament, revoking all wills and codicils
previously made by me.
I.
I declare that I am married to DONALD HERMAN SCHWARTZ,
and that I have been married since 1962, and that we were
married in Mechanicsburg, Pennsylvania, and that I am now
in the process of a divorce.
It is my intention that DONALD HE_T2MADI SCHR'ARTZ is ii0~
named as a beneficiary of this my Will, and is not intended to
take, under the terms of this Will, any bequest, devise, or
interest whatsoever.
II.
I declare that I have two living children, namely:
JUDY MARIE SCHWARTZ, born March 31, 1964, residing at Camp
__
Hill, Pennsylvania, and KATHY LYNN SCHWARTZ, born September 4,
1968, currently residing with me at Portland, Oregon; whose
father is DONALD HERMAN SCHWARTZ, residing at Camp Hill, Pennsyl-
vania.
I declare that I have no deceased children.
No provision in this Will is intended to disinherit any
after-born or after-adopted children. Any after-born or after-
adopted children are intended to share equally with my named
beneficiaries.
The term "children" as hereinafter used shall refer to all
of the above-named children and to any other child born to or.
adopted by me. I make no gift, bequest or devise to any of said
children, except as hereinafter stated.
III.
I hereby give, devise and bequeath my grandfather clock
to my daughter, JUDY MARIE SCHWARTZ.
IV.
I hereby give, devise and bequeath my Pennsylvania House
Dining Room Suite, including the table, six chairs, bench, two
leaves and corner cupboard to my daughter, KATHY LYNN SCHWARTZ.
V.
I hereby give, devise and bequeath the large gold and wood-
framed picture of Jesus in the Garden to my daughter, KATHY LYNN
Page 2 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWARTZ
SCHWARTZ.
VI.
Any specific devise set forth above which is not in
existence at the time of my death shall lapse. If any above-
named beneficiary of a specific bequest shall predecease me,
the gift shall lapse.
VII.
The rest and residue of all of my property, whether real,
personal or mixed, and wherever situated, which I may own or
be entitled to at the time of my death, or in which I may have
any interest whatsoever, vested or unvested, matured or not
matured, I give, devise and bequeath to my closest friend and
dearest companion, NANCY JANE NIXON, of Portland, Oregon.
VIII.
In the event that NANCY JANE NIXON does not survive rue
by thirty (30) days, I then give, devise and bequeath the
rest and residue of all my property, whether real or personal
or mixed, and wherever situated and in which I have any interest
whatsoever, to my daughters, JUDY MARIE SCHWARTZ and KATHY LYNN
SCHWARTZ in equal shares, by representation.
If KATHY LYNN SCHWARTZ or JUDY MARIE SCHWARTZ is not thirty-
one years (31) of age, then whichever child is not yet thirty-one
(31) years of age, or both, if neither child has attained
thirty-one (31) years of age, shall receive her share in
trust. I name my brother, JAMES E. LEHMER, of Mechanicsburg,
Pennsylvania, as Trustee for such trusts. If he is unable or
unwilling to serve, I then name my good friend, KATHRYN K.
DISNEY, of Scottsville, New York, as Trustee for such trusts.
If she is unable or unwilling to serve, I then name KATHARINE
ENGLISH, of ENGLISH & METCALF, ATTORNEYS AT LAW, of Portland,
Oregon, as Trustee. The trustee shall take just compensation.
Such Trustee is empowered to use and invest the corpus of
each trust according to his/her own discretion for the benefit,
welfare and best interests of the beneficiaries, but in no event
is the Trustee to invest more than fifty percent (508) of said
corpus in speculative investments, and no less than fifty percent
(508) of said corpus in insured investments, nor is said Trustee
to invest more than fifty percent (508) of the corpus in invest-
ments which are not readily liguidatable in the event of an
emergency, including, but not limited to, the acquisition of
real estate.
Said Trustee is empowered to invade the ccr^~~~ of ;'--
~r"`~ uac trii8t
at her/his discretion in the case of emergency needs of the
beneficiary.
Fifty percent (508) of the corpus of said trust is to be
distributed to each daughter upon her individual attainment of
the age of twenty-one (21). The remaining fifty percent (508)
Page 4 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWARTZ
of the trust is to be distributed to each daughter upon her
individual attainment of the age of thirty-one (31). The
interest from said investments is to be reinvested and is not
to be distributed except with the principal,
In the event of a major emergency which requires funds in
excess of each daughter's individual trust, the Court is hereby
authorized to appoint an attorney for the other child at the
expense of the trust of the other child, and the Court is
hereby authorized to determine whether one trust of one child
ought to reasonably be invaded to supplement the trust of the
other child in the event of such a major emergency.
IX.
I hereby name and appoint NANCY JANE NIXON as the
guardian of my minor child, KATHY LYNN SCHWARTZ.
My minor child, KATHY LYNN SCHWARTZ, is with me at the
present time in Portland, Oregon.
I hereby state that I do not believe that KATHY's father,
DONALD HERMAN SCHWARTZ, will serve her well as a parent for
her remaining adolescent years.
He has consistently proved emotionally and psychologically
inadequate for the purpose of fulfilling KATHY's social, emotional,
and psychological needs as a growing, adolescent teenage girl.
Although he cares for her, and is able to meet her physical
needs, he has been incapable of identifying and adequately
Page 5 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWARTZ
__ _
providing for her needs as a young woman,
I would direct this Court to appoint NANCY NIXON as the
parental figure most likely to provide for KATHY the rich,
fulfilling, and healthy environment in which KATHY can grow
as an adolescent young woman, NANCY NIXON is my closest and
dearest companion, and we have lived together as friends, room-
mates and business partners. We have
engaged in many co-parenting
activities, and consider ourselves co-parents to KATHY, NANCY
NIXON has parented for many years, and has had considerable
experience in both the administration of daycare centers, and
in the actual daycare responsibilities. Her experience with.
children as a parent and teacher has been extensive and rich,
She has a close and fond relationship with KATHY, and provides
the female role model as well as the counselor and parent model,
which KATHY needs at this period in her life,
Furthermore, KATHY's best friend is a young woman named
NICO, who lives here in Oregon, who is a substitute sister for
her, and who is in a daughter relationship with NANCY NIXON.
It is my sincerest wish that this family relationship
continue for KATHY's benefit and growth.
X.
In the event that NANCY NIXON is unable or unwilling to
serve as guardian of my minor child, KATHY, I hereby name my
brother, JAMES E. LEHMER, as her guardian. My brother has an
excellent history of working with children, is a caring and
Page 6 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWAUm~
understanding uncle, and has an excellent relationship with
KATHY. I believe that he would be a more appropriate, insight-
ful, and directional parent for KATHY than her own father.
XI.
I nominate and appoint NANCY JANE NIXON, of Portland,
Oregon, to serve as. Executrix of this my Will, and to serve
without bond.
In the event that my divorce from DONALD SCHWARTZ is not
yet final, I hereby nominate and appoint DEBORAH R. GABER,
Attorney at Law, of Harrisburg, Pennsylvania, as Co-Executrix
with NANCY NIXON, of this my Will, and to serve without bond.
In the event that my divorce is final, but I still have
assets in Pennsylvania, I hereby nominate and appoint my
brother, JAMES E. LEHMER, to serve as Co-Executor with NANCY
NIXON of this my will, and to serve without bond.
In the event that NANCY NIXON is unable or unwilling to
serve as Executrix, I nominate and
of ENGLISH & METCALF, ATTORNEYS AT
to serve as Co-Executrix with DEBOR
my divorce is not yet final; or to
JAMES LEHMER, in the event that my
still have assets in Pennsylvania,
appoint KATHARINE ENGLISH,
LAW, of Portland, Oregon,
~H GABER, in the event that
serve as Co-Executrix with
divorce is final, but I
and to serve without bond.
In the event that my divorce is final, and that I have
no assets in Pennsylvania, and that NANCY NIXON is unable or
unwilling to serve as the Executrix of my estate, I hereby
Page 7 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWARTZ
nominate and appoint KATHARINE ENGLISH, Attorney at Law, of
Portland, Oregon, as the Executrix of this my Will, and to
serve without bond.
My Executrix shall have all of the power and authority
granted a personal representative under presently existing
Oregon statutes and such additional powers and authorities as
may be granted under Oregon statutes existing at the time of
my death. I authorize my executor to pay such debts, funeral
expenses, administration expenses, and taxes, which may be
chargeable against my estate from my estate prior to any dis-
tribution.
In addition, my Executrix is authorized to make any election
permitted by any tax law and no adjustment of any kind shall be
made between or among beneficiaries because of the exercise of
any of the powers under this Article.
My Executrix shall be entitled to take reasonable and
just compensation for her time and expenses in the execution
of my Will.
XII.
I direct that my Executrix shall provide for my funeral
at her discretion and according to my wishes.
XIII.
I hereby order and direct that all my just debts, for
which proper claims are filed against my estate, including
the administration expenses, taxes and the expenses of my
funeral and last illness be paid by my Executrix, herein
above named in this document, as soon after my death as
practical; provided, however, that this directive shall not
authorize any creditor to require payment of any debt or
other obligation prior to its normal maturity in due course.
XIV.
I direct that my estate be settled without the interven-
tion of any court, except to the extent required by law, and
that my Executrix shall settle my estate in such manner as
shall seem best and most convenient to her, and I empower the
same to mortgage, lease, sell, exchange and convey the real
and personal property of my estate, without an order of court
for that purpose, and without notice, approval or confirmation,
and in all other respects to administer and settle my estate
without the intervention of any court.
XV.
I declare that I have intentionally omitted from this my
Will my living relatives:
1. My mother, HELEN F. LEHMER, of Mechanicsburg, Pen-
nsylvania;
2. My father, MARK J. LEHMER, of Mechanicsburg, Pennsyl-
vania;
Page 9 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWARTZ
3. My brother, LARRY LEHMER, whereabouts unknown;
4. and my father-in-law and mother-in-law, MILLIS F.
SCHWARTZ and MARGARET R. SCHWARTZ,. of Mechanicsburg, Pennsylvania,
since they are already well and adequately provided for.
XVI.
If a court of competent jurisdiction rules invalid or
unenforceable any of the provisions of this Will, each such
provision shall be disregarded, but the remainder of this
instrument shall be given full force and effect. All questions
pertaining to the interpretation, construction and administration
of this instrument shall be determined in accordance with the
laws of the State of Oregon.
IN WITNESS WHEREOF, I, JEANNE LOUISE SCHWARTZ, have signed
and do declar
e this to be my Last Will and this
Testa
m
ent
day /
of ~cs.,,K~ 3 / , 198, at )
~
l
~~ ~ l~ d
Oregon. D \^/ f
eanne Louise Schwartz
The instrument on the foregoing nine (9) pages was declared
by JEANNE LOUISE SCHWARTZ to be her LAST ILL AND TES~:MENT and
was signed by her in my presence on the ~!s{ day of ,~!2urn~yyY ,
1981 at Portland, Oregon, and was signed by me as witness
at her request, in her presence, and in the presence of the
other witness hereto.
To the best of my knowledge and belief, JEANNE LOUISE
SCHWARTZ was, at that time, over the age of eighteen (18) years
and of sound mind, and not under any duress or undue influence.
CB~ua~ ~U.y~l(, residing at 3~~E~sP
ba? 97 x~v
~ residing at
O
Page 10 - LAST WILL AND TESTAMENT OF JEANNE LOUISE SCHWARTZ
1 IN THE CIRCUIT COURT OF THE STATE OF OREGON
2 FOR THE COUNTY OF MULTNOMAH
3 Probate Department
4 In the Matter of the Estate
5
of
6 JEANNE LOUISE SCHWARTZ,
7
Deceased
No.
AFFIDAVIT OF ATTESTING
WITNESSES TO WILL
8 STATE OF OREGON )
ss.
9 County of Multnomah)
10 We, the undersigned, being sworn, each of myself say:
11 On the date of the attached Last Will and Testament of
12 JEANNE LOUISE SCHWARTZ, in our presence, said JEANNE LOUISE
13 SCHWARTZ signed the same and declared it to be her Last Will and
14 Testament, whereupon, at her request and in her presence, we
15 attested said Will by signing our names thereto.
16 To the best of my knowledge and belief, the Testatrix was,
19 at that time, over the age of eighteen years and of sound mind.
18
19
20 ~ v
21
22
~ 19sL.
~~vyirao~ for Oregon
My commission expires: ~_~, 8S
IT OF
WITNESSES TO WILL
SUBSCRIBED AND SWORN TO before me this 3f day of