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Home My WebLink About11-15-13 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 Letters 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: Lewis D. Swartz File No: alkta: (Assigned by Register) alk/a: aikta: Social Security No: Date of Death: October 23 2013 Age at death: 90 Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last principal residence at 85 Hilltop Road Newburg,PA 17240 Hopewell Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Shippensburg Health Care Center, 121 Walnut Bottom Rd Shirmensbure PA 17257 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 Pennsyl vania............................ All personal property $ 205,000.00 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, .. . $ 205.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County P1 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they istare the Executors)named in the last Will of the Decedent,dated April 18,2012 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,dean,of executor,eta) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to upending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.GS. § 3323(8),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 C)EXCEPTIONS rl B. Petition for Grant of Letters of Administration (Ifapplicable) e.t.a.,dAn.,<l.b.n.c.l.a.,pendente lite,durance absentia,durante minoritate If Administration,c,t.a. or d.b.n.c.ta.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(attach additional sheets,if necessary): Name Relationship Address Farm RW-02 rev.1011112011 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 Robert L.Swartz 60 Bear Hollow Road Newburg,PA 17240 Shirley J.Mellinger 9 Hilltop Road,Newburg,PA 17240 Cathy L. Gi e 1234 Fox Hill Road Newburg,PA 17240 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 t,the Petitioner(s) 'll well and truly administer the estate according to law. Sworn to oraffirmed and subscribed before Date me this�day of V ,c 13 Date By: fa Q_ Date For the Register' Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 310.00 Attorney Signature: ( 20) Short Certificate(s). . . . . . 100.00 ( )Renunciation(s).. . . . . . . . '"- ( )Codicil(s). . . . . . . . . . . . . �� ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . .. . . . . . . . . . . . . . . . . Printed Name: R.Thomas Murphy Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 72989 File REV-1500 . . . . . . . . 15.00 File Inventory I . . . . . . . 15.00 Firm Name: R.Thomas Murphy&Associates,P.C. Will . . . . . . . . 15.00 Address: 2005 Fast Main Street . . . . . . . . Waynesboro,PA 17269 . . . . . Phone: 71.7-762-1032 Automation Fee. . . . . . . . . . . .. . . 5.00 Fax: 717-762-1832 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: tnmm ,rthamacmnrnhy_cnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ 48350 DECREE OF THE REGISTER Estate of Lewis D. Swartz File No: c -- 13- 1 a I` a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Robert L. Swartz,Shirley_J.Mellinger and Cathy L.Gipe in the above estate and(if applicable)that the instrument(s)dated April 18,2012 described in the Petition be admitted to probate and filed of record as the last Will(and Codici s))of Decedent. /tl"_ Register of Wills PV A ��Form RW-02 rev.10/1112011 ( Page 2 of 2 RECORDED OFFICE OF REGISTER OF V!ILL,LAST WILL AND TESTAMENT al §%ariz,($85 Hilltop Road, Newburg, Cumberland County, Pennsylb �LgMa�e this to be my Last Will and revoke any Will previously made by ANS COURT me. CUMBERLAND CO., Pry _ I. I direct'that my enforceable debts and the expenses of my last illness, funeral and burial shall be paid from my estate as soon as practicable after my death. 11. By way of explanation, although I love my wife, Vera B. Swartz, very much, for reasons best known to myself, I have not included my wife in my Last Will and Testament. I do, however, acknowledge that my spouse may have a right to elect against my estate to a maximum of one third (1/3) of the electable estate. In the event an elective share is claimed, my Executor shall select the assets that shall fund the elective share to be distributed by my Executor to the electing spouse. III. 1 direct that the residue of my estate be divided into three (3) equal shares and I give to each of the following who survives me the number of shares set forth below: A. To Robert L. Swartz, my son, one (1) share. B. To Shirley J. Mellinger, my daughter, one (1) share. C. To Cathy L. Gipe, my daughter, one (1) share. If any of the above-named beneficiaries fails to survive me, I direct that that beneficiary's share shall descend to that beneficiary's surviving issue, per stirpes. In the event that any of the above-named beneficiaries fails to survive me without issue then surviving, I direct that his or her share be added to the shares of the others in the same proportions they now bear to each other. IV. All administrative costs, including inheritance taxes, estate taxes and transfer taxes imposed upon my estate passing under my Will or otherwise shall be paid out of the principal of my residuary estate. I further authorize my Executor, in my Executor's sole discretion, to use administrative expenses as deductions in calculating estate tax or income tax payable by my estate and my Executor shall have the right to exercise any options and elections under the tax laws applicable to my estate as my Executor determines should be made, regardless of the effect thereof on any of the interest of beneficiaries under this Will. No compensating adjustments between income and principal, nor with respect to any bequest or devise, shall be made even though the options and elections may affect the interests of the beneficiaries. The action of my Executor with respect to options and elections shall be conclusive and binding upon all beneficiaries. V. I appoint as co-Executors of this, my Last Will, Robert L. Swartz, Shirley J. Mellinger and Cathy L. Gipe, or the survivor(s) of them. I direct that no trustee, executor, guardian or other fiduciary named, nominated, or appointed in this Will shall be required to post any bond or give any security of any type for any purposes whatever. My personal representative(s) are hereby empowered to sell my real estate and personal property at public or private sale at such time and in such manner as my personal representative(s) may deem wise, and to make, execute, acknowledge and deliver good and sufficient deed or deeds therefor to the purchaser or purchasers thereof. IN WITNESS WHEREOF, I, Lewis D. Swartz, the above-named Testator, have to this, my Last Will and Testament, set my hand and seal this 18`h day of April, 2012. Lewis D. Swartz SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Will, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. Address: 2005 East Main Street, Waynesboro, PA 17268 Jtl�Address: 2005 East Main Street, Waynesboro, PA 17268 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN I, Lewis D. Swartz, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; and that I signed it willingly, and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Lewis D. Swartz, Testator, this 18th day of April, 2012. Lewis D. Swartz, Testator N ry Publ c NOTARIAL SEAL SALLY L.SHETTER,Notary Public Chambersburg,Franklin Co.PA My Commission Expires Jan.7,2016 . . t 1 ,iA32 JA1f4ATQK oiHdIA ooK AHTr3HL.lY3JA2 A4.oJ n](�rtm3, edrradmsd� 2I4t.0.est!siigz3 ooiu2tr.�rto�qAh AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN We, R. l 6MCLS fiq'b q Gv� and ar 6arcc J . 5 iC_ T ' the Witnesses whose names are signed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do depose and say to the undersigned authority that we were present and saw the Testator sign and execute the instrument as his Will; that the Testator has signed willingly (or willingly directed another to sign for him) and executed it as his free and voluntary act for the purposes therein expressed; that each of the subscribing Witnesses, in the presence and hearing of the Testator, signed the Will as a Witness; and that to the best of our knowledge, Lewis D. Swartz, the Testator, was at the time 18 years of age or older, of sound mind and under no constraint or undue influence. Sworn to or affinned and subscribed to before me by the above-named witnesses this 18`h day of April, 2012. Witness 7�U" Witness tary Public NOTARIAL SEAL SALLY L.SHETTER,Notary Public Chambersburg,Franklin Co.PA My Commission Expires Jan.7,2016 . . ! .tAaaaaFS�nrovc f cF12rA tTt;:o l,fT3:'C3Ii2..I YS,iAZ Aa.o.'�rtEt�trt�c?,g?�rdzra�msA3 AfOS.,C.ast¢siigv.3 rtnierir^.-cn�+�P1,