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HomeMy WebLinkAbout04-05-06 PETITION FOR PROBATE and GRANT OF LETTERS r1 I-c) &~-o3tJ5 Estate of Clifford W. Swope also known as No. To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 711-07-6481 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner~), who is/xre 18 years of age or older an the executor in the last will of the above decedent, dated November 26. XK&~~~~ First appointed executrix. Gene W. Swope. deceased died December 6. 2002 named , 19~ spouse of the (state relevant circnmstances, e.g. renunciation, death of exeCiJtor, etc.) Decendent was domiciled at death in Cumberland h is last family or principal residence at 339 Newburg Road. Cumberland County. Pennsylvania (list street, number and muncipality) County, Pennsylvania, with Newburg. HopeweJl Township, Decendent, then 85 years of age, died March 3, 2006 ,~19 ~Chambersburg Hospital, Chambersburg. Franklin County. Pennsylvania Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: No Exceptions Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 339 Newburg Road. Newburg. Hopewell Cumberland County, Pennsylvania $ $ $ $ 150.000.00 and up Town~l-d p, WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will ~*x~~ presented herewith and the grant of letters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) theron. --. '" ., h lre!:;;Z: s~e~e~b\!,g Roa~, Newburg, pa 17240 -g.g (Ij ".0 ~oU ~p.. oU4-< HO ~ l': Ol) iZi " OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I c. j S:s COUNTY OF Cumberland The petitioner(s) abovf'-named swear(s) or affirm(s) that 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~~ ~ ~I - V) beft:[ me this b""'" da~ of Terfy L. Swope ~. ~~ L~ cft"'l~A. A~ ~ /1.., 1/ " - ....-yj/J.....AId f!:egiste~ :s: l>tt1/GU/z- I "( - / nj#? ) p+", ~ No. 1/- ()&r o3t15 Estate of Clifford w. Swope , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW a fJ f7 J 5~;)()b, in consideration of the petition on the reverse side herelf, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated November 26. 1990 described therein be admitted to probate and filed of record as the last will of . \ Cllfford W. Swope and Letters testamentary are hereby granted to Terry L. Swope This is a self-proving Will. YJ&/lf~A,;fiult?( 5~VJ/?&~~L- ~t~/ff'%/,"'<J / FEES Probate, Letters, Etc. ......... $J & 0 ' Short Certificates6) . . . . . . . . .. $ /J.OO R .~ 1,111 $ Lt-; t)J CfitlJ..1,,-,U1l10n ~ W.l . j. . . . . . . . . . . '-' . ,J(>P 1 f1U1b $ /S./FD' TOTAL _ $ 3t)J. Filed... aF' .6/}.OP.~,.......... R. Thomas Murphy 72989 ATTORNEY (Sup. Ct. 1.D. No.) 239 East Main Street Waynesboro, FA 17268 ADDRESS (717) 762-3170 PHONE t"', . i.." ~,.' II ;\1-0, ,,{)-o, k\\ I 1)-0, This is to certify that the lnfonnation here given is correctly copied from an original certificate of death duly filed with me as Local Rcgistrar~ The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. fee for this certificate. $6.00 o I 1 0~r:::7r:;"-74! ..L L ..J ',,} i '-of No. ~~k~ ~ Date Hl0S.1.t3Rev01JtJG TYPElPRINT IN PERMANENT BLACK INK 1 Name of Decedenl (FiTs!. rmddJe. last) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE 'OF DEATH STATE FILE NUMBER 3. Social Secur~y Nurrber .4 Date 01 Death (Month. day. year) LlFFORD 5 !vJe (LaSlbinhday) 85 Yrs Bb County 01 Death '), Franklin Chambersbur '1 Decedenl's Usual Occ lion Kind of w.:.rk dOl)(! durin ITOS1 of workin tile; do not state rellred KindofWOIk o Yes at No Oecedenl's AcluaJ Residence 17a. State 'Ppnn~yl'\T.:=Ini::l 339 Newburg Rd. Newburg, PA 17240 18. Father's Name (First. middle, lasl) 170 Coun1y Cumhprland 19. Mother's Name (First, mddle, maiden surname) 711 - 07 -6481 Uar. 3 2006 (1(her o EAJQut alient 0 DOA 0 NUfsin Home 0 Residence tJ other - S 9 Was Decedenl 01 Hispanic Origin'! 10, Race: American Indian, Black, Wh~e. etc 5 No 0 Yes (Ii yes, specily Cuban, (Specify) Mexican. Puerto Rican,elc.) ital hi hest radeco led College (1.4 or 5+) White 15. Surviving Spouse (If wile. oive maiden name) 14 Marital SlalllS: Married, Never married, Widowed, Divorced (SpeciM Widowed Did Decedent livei"a rownsl1~? Hopewell Twp 17c. XI Yes, DecedenlliYed in 17d. 0 No,DeCeden1livedw~hin Actuallimilsol CitylBoro Carrie Wa ner lOb. Informant's Mailing Adoress (51reet cilyllowrr, slale, Z., code) o w U) :::> U) "'" ::; ""'I :- . nems 24.26 mlst be co~leted by person who pronounces dealh (y: 6I"!-., flr M ~C\..r(>" ~ CAUSE OF DEATH (See Instructions and exampleS) lIem 27 Pan I: Enter the ~ - clseases, injurlflS, or convlicall:\ns -lhat directly caused Ihe death. DO NOT enter terminal events such as cardiac arrest, respiratory arrest. or ventricular fiDrilalim w~h-oul showin{llhe elioJogy. DO NOT abbreVlille. Enter only one cause on 8 bne IUMEDtATE CAUSE (Final disease 01 cond~ionresullil1gindealh) ~ a u : A4>Ploximate interval , onsellodsalh Sequentially list condrtions, ii any, leading 10 the cause listed on line a . Enler the UNDERLYING CAUSE . (disease Of injury llla! in~ialed Ihe events lesulling in death) LAST _~__A .C ,,!I.-e. DUelO(OraSacons~_ Due 10 {or as a consequence 01} I'^~ Due to (or as a consequence 01) 301. Was an Autopsy Perlorn'ed? d 3Ob. Wele Autopsy Findings Available Prior to COrTl'lelion of Cause of Dealh? DYes 0 No 32d. Tirne 01 Injury 32b. Describe how Il\jury Occwred 32g. location (Street. c~rllown. slate) M 32a. Dale 01 InjUry (Mooll), day, year) 31 Man~IDeath cVNatulal CJ Homicide o Accident Cl Pending lnveshgalion o Suicide CJ Could Not Be Determined o Yes IjI' No f- Z w fiJ '-' w o C<- O w ::> "'" L 338 Certifier (check only one) ~ CertifyIng physician (physician cer1ilying cause of deaUl when another physician has pronounced dealll and COl11>leled lIem23) To the best 01 my knowledge, death octurred due to the cause(s) and manner as stated ..'. .,_ Pronouncing and certifying physician (PhYSiclall both plOnoul'\Cing dQalh and cenilying '0 cause 01 death) To lhe best of my knowledge, ooalh occurred ~l the time, dale, and place, and due 10 the causc(s)and manne, as slal!.'d,.,o__ Medical examiner/coronel On the basis of examination and/orlnv~sll t ..-fiT the time, dall', and place, ,anD due loll\(! causejs) sod m:lnfl(!r as stated...n .D 35 n_-~f~ -- .1 Z~~_~tJ~~~.~~tI;;~ (See instructions and examples on reverse) 17240 21dN~it~C~~ddi~t~~od~CM11Shi P Cunberland Count PA Bricker u.J F.H. I . P.O 2ft ~i"~',N~~'W Ll Lf R.tV <,,3DOq~L- (V'\6.r(~, 3 dOD 26 Was Case Referred 10 a Medical ExaminerlCoronef'! 7 ra: Yes 0 No Part II: Enlet other nil n on n r I 0 bt.'l no! resuhirlg in lhe underlYing cause gIVen in Pan I 28 Did Tobacco Use Contribute to Death? g ~~s ~n~~: 29 JfFemale o Nol pregnanl within past year o Pregnanlaltimeoldeath CJ Not preynant. bul pregl\anl w~hin 42 days 01 death o Not pregnant but pregnant 43 <:lays 10 1 year beloredealh o UnknOWll it pregnanf wirhkt the past yea! 32c. Place 01 Injury: Home, Farm, Street. FacIoI)', Olfice Building, "e. (Speci!)j 321. II T ransportal~n Injury (Specify) o Driver/Operalor 0 Passenoer o Pedestrian 0 Other - Specify 33b. S'~T<IeOIC';:: 0 33c. li&t 0 NU~I ...0 330 Dale Sign (ManHl. day. year) . ~~'\~~-- ~ 34. Na~ijn~f~;eNt;r~~or~l;;rAua01Dr~~ Type/Print ''\ \. \ _~:"_~_Z~~h~_~ ~vU~ ~--.l1 ~L~__ () I~ 0 ~-03o)' PATTERSON, KIERSZ & MURPHY, P.c. ATTORNEYS AT LAW 239 East Main Street Waynesboro, PA 17268-1681 (717) 762-3170 Telefax (717) 762-0988 Toll Free 800-261-1194 E-mail: pkmlaw@pkmlawofflces.com Stephen E. Patterson R. Thomas Murphy, CELA * David F. Spang Writer's E-Mail: tmurphy@pkmlawoffices.com Gregory L. Kiersz, CELA * (1947-2005) March 29,2006 Register of Wills Office Cumberland County Courthouse Hanover & High Streets Carlisle, P A 17013 Re: Clifford W. Swope Estate Dear Sir or Madam: This letter of introduction is on behalf of Terry 1. Swope who desires to be sworn in as the executor of his father's estate. Mr. Swope has the original Will, Death Certificate, an original Petition and Estate Information Sheet, together with a check representing the initial probate fee based on $150,000.00 in probate assets. After he has been sworn in as the executor of the Swope estate, would you please issue 3 short certificates and mail them to the above Waynesboro office address. Thank you for your assistance in this matter. Sincerely, PATTERSON, KIERSZ & MURPHY, P.c. I OY'Yl 1J7"<.r I'U( R. Thomas Murphy / fr1:rtrI R TM/tae Enclosures cc: Terry 1. Swope W:\XW\DOCS\Estate\Swope, Clifford W\R&R Itr intro.doc ~~, .... *Certified Elder Law Attorney, as certified by the National Elder Law Foundation, as authorized by the Pennsylvania Supreme Court LAST WILL AND TESTAMENT OF CLIFFORD W. SWOPE I, CLIFFORD W. SWOPE, of Newburg, Cumberland County, Pennsylvania, revoke my prior wills and declare this to be my last will: FIRST: PAYMENT OF EXPENSES - I direct that the expenses of my last illness and funeral be paid from my estate as soon as may conveniently be done. SECONQ~ PERSONAL AND HOUSEHOLD EFFECTS - I give all my articles of personal or household use, including automobiles and all insurance on that property, to my wi fe, GENE W. SWOPE, if she survives me by 30 days. If she does not so survive me, I give all such property and insurance to my son should he survive me by 30 days, per stirpes. In the absence of agreement or if any child of mine is a minor, the division shall be made as my executor may think appropriate. However, articles which my executor considers unsuitable for my children may be sold and the proceeds added to my residuary estate. My executor may, without further responsibility, distribute property passing to a minor under this article to the minor or to the persons specified herein to hold for the minor. IHIRD~ RESIDUARY ESTATE - I give the residue of my estate, real and personal, to my wife, GENE W. SWOPE, if she survives me by 30 days. If she does not so survive me, I give all such residue in equal shares to my son should he survive me by 30 days, provided that if he does not so survive me but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share he would have received had he so survived me. FOJJRTH~ MINORS - I hereby di rect that any share or shares of my estate which passes to a minor be held in trust on the following terms and conditions: A. The Trustee shall payor apply quarterly, or more often, such amounts of income and principal, as it shall deem necessary for the support, maintenance and education of the beneficiary, including post secondary school education, colleges or vocational school. B. Said trust to terminate when the beneficiary reaches the age of twenty five (25) years. C. -All accrued income and principal shall be distributed to the beneficiary upon termination of the trust. PAGE 1 :>.,' 1- 0 fo- 03 DS- (IET~~ ADOPTED PERSONS - Adopted persons shall be considered as children of their adoptive parents, and they and their descendants shall be considered as descendants of their adoptive parents. ~IXTH: COMMON DISASTER - I direct that in the event that my wife and I should die in a common disaster, it shall be assumed that my wife predeceased me. ~EVENT~_~ PROTECTIVE PROVISION - To the greatest extent permitted by law, before actual payment to a beneficiary, no interest in income or principal shall be (i) assignable to a beneficiary or (ii) available to anyone having a claim against a beneficiary. EIGHTH~ DEATH TAXES - All federal, state and other death taxes payable on the property forming my gross estate, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. This provision shall not apply to any property over which I have a general power of appointment for federal estate tax purposes. NINTtL: TAX OPTIONS - I authorize my executor or executrix: A. To exercise any options available in determining and paying death taxes in my estate and to allocate my generation- skipping tax exemption; B. To join with my wife in filing a joint income tax return; and C. To consent to any gifts made by my wife being treated as having been made one-half by me for the purpose of laws relating to gift tax. In my executor's sole discretion, no compensating adjustments shall be required between income and principal, or between my trusts, or between my estate and my wife. All decisions under this article shall be made in my executor's sole discretion and shall be conclusive upon all person concerned. IEN3H: MANAGEMENT PROVISIONS execut.r i x: I authorize my executor or A. Retain/Invest: To retain and to invest in all forms of rea 1 and persona 1 property, i nc 1 ud i ng common trust funds, mutua 1 funds and money market depos it accounts and certificates of deposit, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; PAGE 2 B. Compromise: property which, value; To compromise claims and to abandon any in my executor's opinion, is of little or no C. Borrow: To borrow from and to sell property to my wife or others, and to pledge property as security for repayment of any funds borrowed; D. Sell/Lease: To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property and to give options for sales or leases; E. Capital Changes: To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; F. Distribute: To distribute in kind and to allocate specific assets among the beneficiaries (including any custodianship hereunder) in such proportions as my trustee may th ink best, so long as the tota 1 market va 1 ue of any beneficiary's share is not affected by such allocation. These authorities shall extend to all property at any time held by my executors or my trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities and discretion granted by this wi 11 shall be in addition to those granted by law and shall be exercisable without court authorization. E~_~E~IH~ EXECUTOR - I appoint my wife, GENE W. SWOPE, executrix of my will. In the event that my wife is unable or unwilling to act as executrix, I appoint my son, TERRY L. SWOPE, executor of my will. I direct that any executor may resign at any time without court approval. Neither my executrix nor her successor shall be required to give bond. I~~LfI~~ TRUSTEE - I appoint EDNA M. SWOPE Trustee of any trusts created by this, my Last Will and Testament. I hereby relieve said Trustee from the necessity of posting security in connection with the duties as such in any jurisdiction in which he or she may be called upon to act, insofar as I am able by law to do so. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~_ day of -.-!'-L~~"i3-e<<-, 1990. _~_~~_~~~____( SEAL) CLIFFORD W. SWOPE, Testator PAGE 3 In our presence, the above-named Testator signed this and declared it to be his wi 11, and now, at his request and in hlS presence and in the presence of each other, we sign as witnesses: ____t~~~__ __._.__.__._ ~~~~--LR--- STATE OF PENNSYLVANIA SS. COUNTY OF FRANKLIN I, CLIFFORD W. SWOPE, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my will, and that I signed it as my free and voluntary act for the purposes therein expressed. _/l~_~~_..._ C~~~~: SWOPE, Testator We, having been duly qualified according to law, depose and say that we were present and saw CLIFFORD W. SWOPE si gn the foregoing instrument as his will; that he signed it as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing and at his request signed the wi 11 as witnesses; and that to the best of our knowledge he was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~~ Wltness 3e~=4~ Subscribed. sworn to or affirmed, and acknowledged before me by the above-named Testator and by the witnesses whose names appear opposite on thi s ~~-to-day of __":=?~~~~, 1990. .~ ~_:..R f\J" c..~______. Notary Public Notar;?! Se~1 1 ,~er'jIG ~0b(;ckJ';o!ary Public S0.~.. ...;.:..-'.~.......l~.\,:: ,;,,'~;L~~::f~~ ;- :.: :,"~':'~/: ~J3;' .',;.: "".[~t~(icia ;iGi: 0 f r;'):ar;es PAGE 4