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HomeMy WebLinkAbout04-24-06 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA CUMBERLAND COUNTY BRANCH In Re: Estate of Martha E. Swartz Late of the Borough of Shippensburg, Cumberland County, P A, Deceased Orphans Court Division FIRST AND FINAL ACCOUNT OF GREGORY SWARTZ AND MARTHA MCCARL, EXECUTORS OF THE ESTATE OF MARTHA E. SWARTZ, LATE OF THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED CERTIFICATE OF CLERK The above account was filed , advertised , according to law, and is presented herewith to the Court of Common Pleas, Orphans Court Division for confirmation. Date: Clerk ORDER OF COURT : No exceptions or objections having been filed to the Account or to the proposed Schedule of Distribution, the within Account and Schedule of Distribution are confirmed and distribution is directed in accordance with the Schedule of Distribution. By the Court, J. FIRST AND FINAL ACCOUNT OF GREGORY SWARTZ AND MARTHA MCCARL, EXECUTORS OF THE ESTATE OF MARTHA E. SWARTZ, DECEASED Date of Death: April 3, 2005 Date of Executor's Appointment: April 14, 2005 Date of First Advertisement of Letters: May 3, 2005 P A File No. 21-05-0350 Purpose of Account: The Executors offer this account to acquaint interested parties with the transactions that have occurred during the their administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or obj ections can be discussed with: Gregory Swartz 90 Pinnacle Drive Newburg, PAl 7240 Martha McCarl 13956 Grant Shook Road Greencastle, PAl 7225 J. Edward Beck, Jr., Esq. Keller, Keller, Frey & Beck 1035 Wayne Avenue Chambersburg, PAl 720 1 2 ~ :?""O ..:.-- ::D E~-oD .J:l :r.: r- ,-'- ~ rn '"1.'> - :n :::.: (n?, C:J ("') 0 '-"'"\.O-n OC ~)~ )> ,......, ~ c::::t CJ"'\ > ..." :::0 N s:- -c :x ca .s;- o .'~C) ~~ n-i r"1::1 :DC) o -Tl -n C) rn t---- (j-"":;<("J -''": SUMMARY OF ACCOUNT Proposed Distribution to Beneficiaries: Pa2e Value Total Receipts 4 $11,072.50 Total Disbursements 5 10,675.29 The balance remaining in the estate account will not be distributed to beneficiaries named in the decedent's will, but will be applied to outstanding debt. $397.21 3 Cash: 2005 4/15 4/15 4/15 4/15 4/15 4/15 4/15 5/10 5/10 6/6 6/14 6/14 6/14 10/4 2006 1/5 2/22 RECEIPTS All Purpose Club with Orrstown Bank Christmas Club with Orrstown Bank Checking Account at M&T Bank AIG Annuity Insurance Co. AIG Annuity Insurance Co. Help Hospitalized Veterans Help Hospitalized Veterans AIG Annuity Insurance Co. AIG Annuity Insurance Co. Patriot Savings Account Com cast Refund C.V. Orthopedic Associates Refund Kimberly Caldwell - reimburse for phone Internal Revenue Refund Adams Electric Co-Op Penn Treaty Network America- Refund of Premium Total Cash Receipts DISBURSEMENTS Debts of Decedent: 2005 6/14 Sprint - phone bill Total Debt Disbursements 4 $45.00 30.00 99.56 120.89 1 09.18 2.50 2.50 10,000.00 116.99 5.13 48.25 70.00 72.80 31.00 19.12 299.58 $72.80 $11,072.50 $72.80 Funeral Expenses: 2005 5/10 Fogelsanger-Bricker Funeral Home $6,741.37 8/24 Parklawns Memorial Gardens - gravemarker 275.00 Total Funeral Expenses $7,016.37 Administration Expenses: 2005 4/26 Cumberland County Law J oumal - advertising 75.00 letters 5/13 Cumberland County Register of Wills - probate $264.00 costs 5/17 The News Chronicle - advertising letters 101.00 6/14 M&T Bank - lock box key 10.00 6/28 Sailhamer Real Estate - market analysis of two 200.00 properties conveyed to Caldwells 11/15 Cumberland County Register of Wills - filing return 15.00 2006 10/26 Cumberland County Clerk of Courts - filing account 130.00 Certified Mail Expense 91.12 Total Administration Expenses $886.12 Fees and Commissions: 2005 11/15 Keller, Keller & Beck - attorney's fee 1,350.00 11/15 Gregory Swartz - executor's commission 675.00 11/15 Martha McCarl - executor's commission 675.00 Total Fees and Commissions $2,700.00 1. Total Debts Paid to date $72.80 2. Total Funeral Expenses 7,016.37 3. Total Administration Expenses 886.12 4. Total Fees and Commissions 2,700.00 Total Disbursements $10,675.29 5 Unpaid Debt: 1. Shippensburg Family Practice, Ltd. - doctor's bill 2. Chambersburg Imaging - x-rays 3. Capital One - Credit card Account 4. Travelers Insurance - balance due at death 5. Chambersburg ALS - ambulance service 6. BonTon - credit card balance 7 . Juniper Bank - Gulf Mastercard Account 8. HCR-ManorCare - nursing home balance 9. Weigle & Associates, P.C. - attorney's fee for services rendered in November, 2004 10. Keller, Keller, Frey & Beck - attorney's fee for services rendered prior to decedent's death 11. Chambers burg Hospital - balance not covered by Insurance 12. John McCrea - fee for preparation of 2003 income tax returns Total Unpaid Debt RECAPITULATION Total Receipts Total Disbursements Balance 6 $10.05 30.55 2,956.25 616.67 39.13 91.61 6,097.39 814.00 35.00 475.00 1,747.05 175.00 11,072.50 -10,675.29 397.21 $13,087.70 PROPOSED SCHEDULE OF DISTRIBUTION To Kimberly Swartz Caldwell To Shawn Swartz To Gregory Swartz To First Church of God .00 .00 .00 .00 The balance remaining in the estate account will be applied to the unpaid debt of the decedent, and thus there will be no funds remaining to distribute to the named beneficiaries under the decedent's last will and testament. 7 AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF FRANKLIN Gregory Swartz and Martha McCarl, Executors under the Last Will and Testament of Martha E. Swartz, deceased, hereby declare under oath that they as Executors have fully and faithfully discharged the duties of their office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the account period; that all known unpaid debt against the estate is listed above, but there are insufficient funds with which to pay all of the debt; that all taxes due from the estate have been paid; that all real estate devised by the decedent under her will had been conveyed prior to her death; that the individuals named in the within Schedule of Distribution are the only ones who would have been entitled to participate in the fund for distribution, had there been funds to distribute, to the best of their knowledge; and further that more than four (4) months have elapsed since the first complete advertisement of the granting of Letters Testamentary in this estate. >!/~ X ~ Gregory Swartz ern )) 7f~ crrc ~ (lj) ~artha McCarl Sworn to and subscribed .before me this /1/r/; dayof ~<~_) ,2006 ~$'4e) ~,.~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Unda L. McNew. NotarY PubUceounty Chamber8bUrg Boro. Franklin My Commission Expires Oct. 20. 2009 8 COMMONWEAL TH OF PENNSYL VANIA : SS COUNTY OF CUMBERLAND I, Register for the probate of wills and granting of letters testamentary in and for said county, do hereby certify the above and foregoing to be the said Schedule of Distribution as filed in the office of the Register of Wills and Clerk of the Orphans' Court in the Cumberland County Courthouse in Carlisle, Pennsylvania on the day of , 2006. Witness my official signature and the seal of the Register's Office of said county, this day of , 2006. Register 9 AFFIDA VIT COMMONWEAL TH OF PENNSYL VANIA COUNTY OF FRANKLIN : SS J. Edward Beck, Jr., being duly sworn according to law, deposes and says that he did on April 19, 2006, mail notice of the filing of the above First and Final Account and Proposed Schedule of Distribution by certified mail, return receipt requested, to the following parties: Kimberly Swartz Caldwell 242 East Garfield Street Shippensburg, P A 17257 First Church of God 121 East King Street Shippensburg, P A 17257 Capital One 5330 E. Main Street Suite 200 Columbus,OH 43213 Juniper Bank Collection Department P.O. Box 8833 Wilmington, DE 19899-8833 Chambersburg Hospital P.O. Box 897 Chambersburg, P A 17201 Shawn Swartz 109 North Queen Street Shippensburg, PAl 7257 Shippensburg Family Practice 46 Walnut Bottom Road Shippensburg, P A 17257 Travelers Insurance c/o Credit Collection Services Two Wells Avenue Newton, MA 02459 HCR Manor Care 1070 Stouffer Avenue Chambersburg, PAl 7201 John McCrea P.O. Box 341 Newville, PA 17241 Gregory Swartz 90 Pinnacle Drive Newburg, P A 17240 Chambersburg Imaging Assoc 25 Penncraft Ave. Suite E Chambersburg, PA 17201 BonTon P.O. Box 17272 Baltimore, MD 21297-0272 Weigle & Associates, P. C. 126 East King Street Shippensburg, P A 17257 Chambers burg ALS 205 Grandview Avenue Suite 211 Camp Hill, PA 17011 Stephen D. Kulla, Esq. Kulla, Barkdol, Ullman & Painter, P.C. 9 East Main Street Waynesboro, PA 17268 (Atty for Shawn Swartz) . . W. Scott Arnoult, Esq. Graham & Graham 223 Lincoln Way East Chambersburg, P A 1 7201 (Atty for Kimberly Caldwell) ~~CkfJl Sworn to and subscribed before me this /9//) day of b1'~ 4-/ / ) , 2006 ~~(JqJ/~ Notary Public COMMoNWBAbnl OF PENNSYLVANIA Notarial Seal Uncia L. McNew, Notary ~Ifttu ChamberlbUrg BofO. Frankln vvu...., My eomml88lon ExpIr88 Oct. 20. 2009 LAST WILL AND TESTAMENT OF MARTHA E. SWARTZ " I, Martha E. Swartz, of 242 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 from my estate as soon after my death as conveniently may be done. 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 Str~ 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 arid 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"/0) percent of said remaining estate I give unto the First Church of God, locat in Shippensburg, Permsylvania, 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, Kimbedy 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. }'ur J'H 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 shaJl 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 ~~~ day of ~/.Tl. ,2002. ~ ~ l--fA~ r tY4 ~ f 1Z- 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 sightand presence of each other, have hereunto subscrib our names as witnesses. . ad-fl, cJ~ .%~-~ ;:;7d/~ residing at &~~~ /'-' . residingat#~~ ~ L COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF FRANKLIN ~ Martha E. Swartz, the testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to Iaw7 do bereby 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 w~ 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 wi~ess in the hearing and sight of the testatrix signed the will as a witness; and that to the best of OUT 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~~ and ~ ~ ~~ ' witnesses, this~ day of?)' .....I",~. , 2002. Martha E. Swartz a~~~ 5S ~~i~ ~~1~(1~~ NOTARY , Nocarial Seal Linda L. McNew. Neary Public CbambcrsburI Boro,. PnmkliD CoaDty My CommissioIa Expires Oct. 20. ZOOS Proof of Publication of Notice in The News~Chronicle COUNTYOFCUMrnERLAND COMMONWEALTH OF PENNSYLVANIA Keller, Keller and Beck, LLC Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager of "The News-Chronicle," which is a bi-weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf; that the printed notice, advertisement of publication attached hereto is the same as was printed in the regular editions and issues of ''The News-Chronicle" on the following date(s) May 3.6. 10.2005 Copy of Notice of Publication Affiant further deposes that neither she nor "The News-Chronicle" and The Latrobe Printing and Publishing Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit is true and correct. EXECUTORS NOTICE. e1t~ R.I1 ~ --- _... .". .-w ,--_.__..,--,.._^-~-^y~_.^_____W_ Sw d ubscri ed before me this 3t!. Day of ,2005 - - '. - . NOtice,~fter~~~..g~en that letters testamentarY on: the estate of Martha E: SwartZ, late of. the Borough. of .Shippensburg, . Cumber- land County, Pennsylvania, deceased,' have been granted to the undersigned arTdthey. request all persons having claims against said. estate .to' make.known the same .to them or their attorney, and .all per~nSindebted to said decedent to make p8Yrnenf to them.~.~IaY. . . ,':':Gregory Swartz . 90 Pinnacle Drive Newburg, PA 17240 Phone: 717~ Martha McCart ,139$6 Grant Shook. Road , GreencastIe, PA1'7225 . Phone: 117-597-7974 -~--tt-~--_.... Notary Public To: "The News-Chronicle" Shippensburg, P A 17257 For publishing the notice attached hereto: Adv; NC May 3, 6, 10. J. EdwardBti,Jt.. , Keller, Keller, Frey and B8ck, LLC 1035 Wayne Avenue . ", .' Chambersbwg, PA 17201. Attorney for the Estate Notarial Seal Kristen L Statter. NotaIy PtbIic Bedford Boro, Bedford County My Commission Expires Feb. 13,2006 Member, Pennsylvania Association Of Notaries On the stated date(s) ................ $ Affidavit...... ....................... .$ Total ................................. $ 99.00 2.00 101.00 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law J oumal on the following dates, V1Z: May 6, 13, 20, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Swartz. Martha E.. dee'd. Late of the Borough of Shippens- burg. Executors: Gregory Swartz. 90 Pin- nacle Drive. Newburg. PA 17240. (717) 423-6934 and Martha Mc- Carl. 13956 Grant Shook Road, Greencastle, PA 17225, (717) 597- 7974. Attorneys: J. Edward Beck, Jr., Esquire. Keller. Keller and Beck. 1035 Wayne Avenue, Chambers- burg. PA 17201. SWORN TO AND SUBSCRIBED before me this 13 day of Mav NOrM SEAL LOIS E. SNYDER, Notary Public CarIsIe Boro, Cumbertand County My Commission Expires March 5, 2009 ~~::rOrt'ooO~"'Ort'ooI-hH 1-1- en ~ rt' 0 n 0'" l:j 1'1 1-1- n 1-1- l:j <::r ::r LJ_ p.. (l) a ::r I--' ::r n (l) (l) (l) ro ro en ro ro 1-1- (l) 1'1 Ii < p.. n 0 (l) p.. l:j Ii (l) 0 I'D r:: rt' I-h l:j ~ r:: OQ ro p.. Ii "'0 1'1 I--' 1-1- rt' l:j I--' 0'" 1-1- (l) "< (l) 0 rt' (l) p.. ro 0 "< rt'nli l:j::rp.. 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Ii l:j ~ 0 l:j ::r'r::oO'" !-I.I-h!-l.O"'O~ (l) orol:j rol-drt'!-I.I--'I-hOO "< 1'1 rt' (l) to 1'1 rt' 1'1 I--' en rt ~ < = 0 (l) a rt ro !-I. l:j (l) "'0 l:j ~ 0'" ::r' p.. n rt 1'1 OQ 0 rt ('1) (l) (l) en "< 1-1- en 1-1- < ro 0 ('1) p.. l:j l:j r=""'" t%:l p.. ~ ~~ (l) l:j en (I) rt' X ~ rtrt (l) rt o p.. ~ rt ro o I-h o I-h rt ::r' (I) o :;;0 I-d ~ 00 ... o o o :;;0 H I-%j 1-1- I--' ro p.. t%:l 0000 ~1-%j~H~ t:dHH::X:::;;O t%:l::X::t%:lt%:l00 ~t%:lOt%:lH >t:dl-%j~> ZO ~Z t;;:;;o~ot;; 0>0 OO:;;OHI-%j OGJHOH ~::x::~~~ HO t-' ~1-%jt%:l0 . I-%j > 00 0 l-d::x::ooHO t%:lH:e.:::::x::O ZI-d>t%:lO ZI-d:;;O Z oot%:lH H ~ZN t""l 00 .. 0 <It:d I-%j >ot""l Z:;;O> HGJH >.. t%:l KELLER, KELLER AND BECK, LLC ATTORNEYS AT LAW JOHN N. KELLER' DAVID S. KELLER+ J. EDWARD BECK, JR. 1035 WAYNE AVENUE CHAMBERSBURG, PA 17201 TEL (717) 264-1110 FAX (717) 264-5135 E-MAIL law@kkfb.com 343-B SOUTH POTOMAC STREET WAYNESBORO, PA 17268 TEL (717) 762-3331 FAX (717) 762-1810 OF COUNSEL DAVID C. CLEAVER April 21, 2006 Glenda Farner Strasbaugh, Register of Wills Cumberland County Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013-3387 Re: Estate of Martha E. Swartz Dear Glenda: Enclosed is a First and Final Account for filing in the estate of Martha E. Swartz. Also enclosed is a check in the amount of$130.00 representing the filing fee as well as a self-addressed envelope. Hopefully everything is in order, but if you have any questions, please call and ask for my secretary, Linda. Thank you. Sincerely, Keller, Keller and Beck q;r~~#R~j3::~JU J. Edward Beck, Jr. JEB: 11m Enclosure . Certified Civil Trial Advocate by National Board of Trial Advocacy + Certified Criminal Trial Advocate by National Board of Trial Advocacy The National Board of Trial Advocacy is a Pennsylvania Supreme Court Accredited Agency.