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HomeMy WebLinkAbout04-14-05 Will PETITION FOR PROBATE and GRANT OF LETTERS Will Estate Martha E. Swartz No. ,;J I - OS- - O.?tsc") also known as To: Register of Wills for the County oflj'pmklin<imllll:K Cumberland Conunonwealth of Pennsylvania deceased. Social Security No. ImJ-l0-3991 The petition of the undersigned respectfully represents that: Your petitioner(s)l<i1rlare 18 years of age and the executors narned in the last will of the above decedent dated September 13 20 02 and codicil(s) dated (State relevant circumstances. e.g. Renunciation, death of executor, etc.) ensburg, Cumberland Decedent was domiciled at death in the Borough of Shipp/ County, Pennsylvania, with h~ last family or principal residence at 242 East Garfield Street, Shippensburg, PA (Cumberland County) (list street number and municipality) Decedent, then 92 years of age, died April 3 ,20 05 at Manor Care Nursing Center Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution i'f the will offered for probate, was not the victim of a killing and was never adjudicated incompetent N/A 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 Pennsy Ivama (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania $ 100,000.00 $ $ $ ;i (",) situated as follows: WHEREFORE, petitioner(s) respectfully request the probate of the last will and codicil(s) presented herewith the grant of letters 'tesfAmentary theron. (Testamentary, administration c.1.a., administration d.b.n.c.t.a.) s1J~ .J~ Signature(s) and Residence(s) ofPetitioner(s) ~. j-l~ /rf~ ~ ~ ~ .2_ 90 Pinnacle Drive Newburg, PA 17240 lJY)b Grant Shook Koad Greencastle, PA 17225 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS The petitioner(s) above named, swear(s) or affirm(s) that the statements in the foregoing petition are true and correetto the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above petitioner(s) will well and truly administer the estate according to law. YJ~g-:!~ ~~9Jc~~ Mart a McCarl No.d 1-1)<;:; -035D Estate of Martha E. Swartz Deceased (\ '.J. AND NOW, .Ll:flAA DECREE OF PROBATE AND GRANT OF LETTERS I~ ,20 05 . 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 September 13, 2004 described therin be admitted to probate and filed of reeord as the last will of Martha E. Swartz and letters testamentary are hereby granted to Gregory Swartz and Martha McCarl Documents Attached: Oath of Subscribing Witness(s) Oath of Non-subscribing Witness(s) Oath ofWitness(s) to mark Renunciation(s) [] [] [] [] LJdtJ1ACl. ~.A fI 0" \Jst-ijVJ be ~L p..Q.A. ~c~egisterofWillS 16268 (J. Edward Beck, Jr., Esq.) ATTORNEY (Sup. Ct. I.D. No) 1035 Wayne Avenue Chambersburg, FA 17201 ADDRESS 717-264-1110 PHONE I' I'" _ ~r~' :':': \ . .,,< This is to certify that the information here given is correctly copied from an original certificate of death duly filed with Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent fIlmg. me as WARNING: It is illegal to duplicate this copy by photostat or photograph. No. l\ttl"~~\1\rOrpl~;--#___ \i\~ If'~\. t~_1Ift. ~';, l~ .'" ~% h,." '~j~: ii:~ ~ * _~ .. ,._" ". _ !~ i * $ \a '.-. ~~' \. ~ ~:s i "0. ~p ---<\\.'" ,I ........#,f'4fENl \\\ ~ Illtll\ '#"""I""~###/'JlIII'1 Fee for this certificate, $6.00 P 11337385 . 7 (~,,(.l5J Z&07 Date ~ -Os-- 3s-O Hl05.143 Rev. 2/87 COMMON,WEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFIOATE OF DEATH TYPElPRINT " PERMANENT IlLACKINK s. 92 COUNTY OF DEATH '" '" 2.Female IlIRTHPLACE (City and PLA FA StataOlFOIeignCountry) HOSPITAL Franklin CO., """,11."1 D 7Fannett Tw . P 81. FACILITY NAME (II not insmutiOll,lIrva 8I1ee\ Bnd number) BTATEFIU;Nl,!MBER SOCIAL SECURITY NUMBER NAME Of DECEDENT (First. Mlddle. L.st) 1. Martha E. Swartz AGE (Lasl Blr1hd.y) N Rl Montm '" t7b. ,. decedent live in. CountvCumberland town.hip? t7d.[!I ~lh~~~\~~of MOTHER'S NAME (First. Middle, Malden Sumame) 18. Sophia Bair INFORMANT'S MAiliNG ADDRESS (Street. C~yrrown, State, Zip Code) 20b,90 Pinicle Drive, Newburg, PA 17240 PLACE OF DISPOSITION- Name of Cemelery. Crematory LOCATION - Cltyrrown. Stata. Zip Code Of Olh.rPlace Franklin County, 21d. Greene Tw PA 17201 ,. 179-10 -3991 DATE':OF DEATH {Month;D.BY, V.er) .}.. ril 3. 20'0'5 11., Accountant 11bPomestic Pump Co. DECEOENT'S WIlLING AODRESS (Slteat. CilyfTown, S"I&. Zip Coda) DECEDENT'S ACTUAL RESIDENCE (Seeln.trvcUOllS onolller&lde) ASOECEDENT EVER IN U.S. ARMED FORCES? VesD Noil: 12. 13. 11.. State Pennsylvania :",J --a.,,,,,,O\COD~~IiJD WAS DECEDENT OF HISPANIC ORIGIN? RACE - American Indian. Black, White. e N~Ya.~llyeS,apecifyCUban, (Specify) M n, PUfI Rican, etc. 10. White MARITAL STATUS. Married, SURVIVING SPOUSE Never Married,Widowed. lWwilo, u"'" m,".n 0''''1 Divorcad{SJM<;ify) 1., Widowed 21 8b.Franklin DECEDENT'S USUAL OCCUPATION (~~o!lII~'l,".:':.."~",;jl:3j( lk. Chambersburg KIND OF BUSINESS I INDUSTRV Manorcare Health ~ervices @ ~ 242 E. Garfield St. 16. Shippensburg. PA 17257 FATHER'S NAME (First. Middle,Lnl) 18. Jacob Robertson INFORMANT'S NAME (TypeIPI'l!Il) 2,0.. Gre or K. Swartz METHOD OF OISPOSITION . Donation 0 Burial lXI Cremation GemoV.11rom State D .2,1.. Other (Speclly) 21b, . SIG R PERSON ACTING AS SUCH 17c.DVe.,decedenllilladln "" Shippensburg "'- ~ ~ < ;:! ~ D. ',,- ". : Approximate . interval betwgen :OO&elanddealh PARTU: QtherslgniflcanlcondIUOIl.contrlbutingtodeeth,bol not re.ultlng In Iha underlying ceu.egivan In PAAT I 21. PART I: ~r>l.rlll. dlo....., MJ"".. <><wmpllcolloo, whl.h .."..dlM dnth. 1I00ot otor"'" mod. otdylng, .u.h.. .',dl.. or rHpl"I''lI.rr..~ .hookor h..n!.llu... U.loolyoMCO"..on..dl11M DUcT010llASACONSEOIJENCEOFJ Sequentielly li.t condition. [,".. Ifany,leedlngloimmedlele ClIU5e. Enter UNDERLYING CAUSE (DI.......e or injury theliniUatedevent. resulling oodealh) lAST d. WASAN AUTOPSV WERE AUTOPSY FINDINGS PERFORMED? AVAlLABLE PRIOR TO COMPLETION Of CAUSE OF DEATH? DUETO(ORMACONSEOUcNCEOF) DUE TO (ORASACOtlSEQUcNCEOF) DATEOFINJURV DIMonlh.o.y,v..r) o Could not be determined 0 ~~CEOFINJURV b"""i"ll,oIo,ISpocllyl 2B.. 2,llb. 2,9. 30.. CERTIFIER (CIIecl< ooty one) .~:~~~~IGOr~~~~~~':.~".~rh~~~~%Jl'j.;': t~ ri1".era~~(:r~Wr.g~rn~e~sh:I~l'e'r~~~,~.~,~~~.~~..~.':',~~~~.~.~~.~?~.~ MANNER OF DEATH TIME OF INJURV INJURV AT WORK? DESCRIBE HOW INJURY OCCURRED Naturel [j}"'"' o o Homidde Y...D Nolll VesD ",0 Suicide 30b. Ye.D NoD ~ 30c. Acddonl Pendinglnvestigetlon AI homa,ferm,.t,eet,lectory,otflce " z w a w u w a " a w > < z 1./..12- / J"j I I I I " 7-~"$"' LAST WILL AND TESTAMENT OF MARTHA E. SWARTZ . I, Martha E. Swartz, of242 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby declare this as and for my last will and testament hereby revoking all wills and codicils previously made by me. FIRST I direct payment of my debts and expenses of my last illness and funeral frOql my estate as soon after my death as conveniently may be done. C,) SECOND I give and devise the following tracts of real estate to the following named individuals: A. I give and devise unto my granddaughter, Kimberly Swartz, my residential real estate located at 242 East Garfield Street, Shippensburg, Pennsylvania, together with all of the tangible personal property located in, on, or about the aforesaid real estate; B. I give and devise unto my grandson, Shawn Swartz, my real estate located at 109 North Queen Street, Shippensburg, Pennsylvania; C. I give and devise unto my son, Gregory Swartz, my mountain land consisting of approximately 15 acres, more or less, located near Newburg and located in Hopewell Township, Cumberland County, Pennsylvania, with a cabin erected and located thereon, together with all tangible personal property located in, on, or about the aforesaid cabin and mountain land. THIRD I give, devise, and bequeath all of the rest, residue, and remainder of my estate as follows: A. Two (2%) percent of said remaining estate I give unto the First Church of God, locate in Shippensburg, Pennsylvania, to be used for missionary purposes; B. Ninety-Eight (98%) percent of said remaining estate I give, devise, and bequeath, in equal shares, unto my son, Gregory Swartz, and my grandchildren, Kimberly Swartz and Shawn Swartz. FOURTH I direct that any and all Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. FIFTH In addition to the powers conferred by law, I authorize my personal representative in their absolute discretion: A. To retain in the form received, and to sell either at public sale or private sale any real or personal property, and to distribute to heirs either in cash or in kind. B. To manage real estate. C. To invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principle of diversification. D. To exercise any option or rights arising from ownership of investments. E. To compromise claims without court approval and without the consent of any beneficiary. F. To not sell any real estate occupied by my spouse and I as a marital home if minor children are living at the time of my death and it is practical to retain ownership of the real estate so that my minor children may live in said real estate until they graduate from high school. SIXTH I nominate, constitute, and appoint my son, Gregory Swartz, and my niece, Martha McCarl, as Co-Executors of this, my last will and testament. I hereby direct that my Executors shall not be required to post bond or furnish security in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, this ,/.i3>'-? day of ~/.T7. ,2002. ~ ~ r-ft~ r 6Ja >-r t :z. Martha E. Swartz Signed, sealed. published and declared by the above named testatrix, Martha E. Swartz, as and for her last will and testament in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribe our names as witnesses. a~~9' cL residing at CAd-y}ch~L~ ~ ~-~~~~~-7/ reSidingat%#-#~ /J; COMMONWEALTH OF PENNSYLV ANJA : SS COUNTY OF FRANKLIN I, Martha E. Swartz, the testatrix 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 that I signed it willingly and as my free and voluntary act for the purposes therein expressed. We, the undersigned, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we wer present and saw the testatrix sign and execute the instrument as her last will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; and that to the best of our knowledge the testatrix was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and acknowledged before me by Martha E. Swartz, the testatrix, and sworn to or affirmed and subscribed to before me by ~9c--1'~ and llMiX) ~~~y , witnesses, this~day of/7, .....,P~...,....,. ,2002. ~ Martha E. Swartz {1UJ2(/~ WI SS $~~~i7 WI SS ~.v-()~(I~/ NOTARY Notarial Seal Linda L. McNew. Notary Public Chambcrsburg Boro. Franklin County My Commission Expires Oct 20. 2005