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.
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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
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Shippensburg
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: 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)
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MANNER OF DEATH
TIME OF INJURV
INJURV AT WORK? DESCRIBE HOW INJURY OCCURRED
Naturel
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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
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NOTARY
Notarial Seal
Linda L. McNew. Notary Public
Chambcrsburg Boro. Franklin County
My Commission Expires Oct 20. 2005