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HomeMy WebLinkAbout04-11-08 PETITION FOR PROBATE AND GRANT OF LETTERS COUNTY, PENNSYLVANIA File Number 21-- (1) - (J ~ \ \ REGISTER OF WILLS OF Estate of RICHARD A DeFRANK also known as CUMBERLAND , Deceased Social Security Number 187-16-4122 RICHARD A DeFRANK JR and MICHAEL A DeFRANK Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW) [RJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent, dated 01/10/2005 and codicil(s) dated The Executrix appointed in Decedent's Last Will and Testament was Daka R. DeFrank who died on May 1, 2006. Richard A. DeFrank, Jr. and Michael A. DeFrank were designated as successor Co-Executors State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o El. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentia; durante mmor/tate) ,....., Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following sp~e (if any) ariJeirs: (If Administration, c.t.a. or d,b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ':::- 0 co -:C',. :::0 )> )~ -0 I Name Relationship Residence :~.ci (.#J >u..i^ (")0 ., O~- : ::0 "0-1 )> o :::.-1 ~ .s:- C') ,__ rTl (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with Ma ._. Cant, 1700 Market Stree', C....... 1-1 ill , PI. 17911. J <0 (List street acidress, town/city, township, county, state, zip code) roT Decedent, then 85 years of age, died on 03/03/2008 at Holy Spirit Hospital, Camp Hill, PA Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property $ (If not domiciled in PAl Personal property in Pennsylvania $ (If not domiciled in PAl Personal property in County $ ValuE~ of real estate in Pennsylvania $ situated as follows: 71,491.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Typed or printed name and residence RICHARD A DeFRANK JR 540 Reno Avenue Apt. A-1 New Cumberland, PA 17070 MICHAEL A DeFRANK 1241 Garret Avenue Churchton, MD 20733 Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc Page 1 of 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS } The Petitioner(s) above-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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this ~I\ day of / Signature of Personal Representative RICHARD A DeF~K JR ~~~ MICHAEL A DeFRAN~ p -,..rn "?~u~:q ',' A .~}c-:;c '.-) 0 -;:1 C.:) C ~ :0 "0-1 P l"..;) .:= <:::;) co :Jloo ;:0 ( ." > ~. I" :x ~ .r;- N File Number: 21-- 0'1). \:>1.\\\ Estate of RICHARD A DeFRANK A1KJA , Deceased ...late of Death: 03/03/2008 , 211)'0 , in consideration of the foregoing Petition, satisfactory proof s";,, S""~'l AND NOW, having bl~en presented before me, IT IS DECREED that Letters Testamentary 187-16-4122 \I in the above estate are hereby granted to RICHARD A DeFRANK JR and MICHAEL A DeFRANK and that the instrument(s) dated 01/10/2005 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. 15 BOND REQUIRED? Letters.............1 Hqi.~..............$ Short Certificate(S).......3........ .. $ ...$ $ $ $ $ $ $ $ $ $ TOTAL............................. ... $ Renunciation(s)..... . ,^)l/f ,JCP f~ f-u Form RW-02 Rev. 10-13-2006 DYes 00 No AMOUNT $ ;3S- (d. /~ JD S- Attorney Name: Supreme Court I.D. No.: 32112 Diane G. Radcliff, Esquire 3448 Trindle Road Address: Camp Hill, PA 17011 Telephone: (717) 737-0100 /77 Copyright (c) 2006 form software only The Lackner Group, Inc Page 2 of 2 .905MS REV. 6/06 This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records In accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. '21 ~ \~ ~ .~ "1::.. I::::l ~ ~ " WARNING: It is illegal to duplicate this copy by photostat or photograph. /?~. ~~d CdQ ~ Oft-~ tfwyoL Calvin B. Johnson, MD., M.P.H. Secretary of Health Frank Yeropoli State Registrar 1361901 No. MAR 1 3 2008 Date H105-143 REV ttl2OO6 TYPE I PRINT IN PERMANENT BLACK INK L \ tll o <-\ \l J/IIAL STATE FILE NUMBER 1. Name of Decedent (First, middle, last, suffix) RlaJARD A. DeFRANK s. Age (Las! Bmhday) 2008 85 v" 8b. County elf Death 12. Was Decedent ever in the U.S. Armed Forces? ~" ON. Decedent's Actual Residence 17a.Slale 17b.Counly 14. Marital Status: Married, Never Married, Widowed, Divorced (Specify) Did Decedent Liveln a Township? PA Cumber land 17c. Kl Yes, Decedent Lived in 17d. 0 No. Decedenllived ~lhin ActualUmltsot F.J:I~t P~nnc::horn Twp CRy/Bora 19. Mother's Name (First. midlle, maidef1 surname) EJ:rrna Prayer 2Qb. Intonnanl's MaiMng Address (Street, city I town, state, ~ code) 540 Reno Avenue, A t. 1 o ~ ~ ~ ::i! 18. Father's Name (Firs(, middlEl, last suffixl Anthony DeFrank 2Oa, Informant's Name (Type (Print) Richard A. DeFrank, Jr. 21a. ~ho:l 01 Disposiljon i 0 Cremation 0 Donatioo 21b. Date 01 Disposilial (MonIh, day, year) o ~,''::,;':cI",o Remov.llromStato I :;'~~':::~1"""""OV"ONo March 7, 2008 Holy Cross Cemetery -, 22a. SlgnaliJre 01 Funeral ice ensee (or p$rSon acmg as sudl) ~ 22b. l.ic.eflse NIJI'I'lber 22c. Name and Address 01 FadUty - ~ .;;!L./ Ot'4(;.'?/-I..- Wiedeman Funeral Home 357 S. 2nd. St. Complete ltlim& 23a-c only when certifying 238.. To the best of rrrt knowledge, dea1t1 occurred allhe lime, dale and place staled. (Signature and Me) 23b. License Number physician IS nol available al line otd8a1h to certify caUSli of de81tl. 23c. Date Signed (Month, Day, year) Cumberland PA 17070 21d.l.ocatIon (City I town, state, zip COde) Harrisburg, PA 17111 Steelton PA 17113 hems 24-2E; mU$l be completed by person who prtlno~nces death. .24. Time of Death 11 : 22 a 25. Dale Pronounced Dead (Month, day, year) M March 3, 2008 26. Was Case Referred to Medical Examiner I Coroner for a Reason Other Ihan Cremation or Donation? OVe, DNo CAUSE OF DeATH {SeelnstructJOM and eX8mples) Part I: Enlerthe~ diseases, injuries, orcCln'f)licalions 1hat directly caused the cIeaIll. DO NOT enter terminal evsnts such as cardiac arrest, respiratory arrest, or vefllJicljar IlbrillaliOO without showing the e1io1ogy. list only one cause 00 each line. Approldmate inllllVal: Part II: Enter other sionilicanl oonditions conlrilutino 10 death" .~pid Tobacco Use Contribule to Death? Onset to Death but not resulting in the unde~ng cause given in Part I. ., 0 VB! 0 Probably o No 0 U'lmown 29. ffFemale: D Not pregl\8ntwilhln past year o Pregnantatlimeofdealtl o Not pregnant, but pregnant within 42 days 01 death o Notpr8gl8nt, butpregnarn 43 days to 1 year beloredaath o Unknown if pregnanlwithin the past year 32c.=~~~~~)Street, Factory, ~::;'~~~~J~~)dlse~ ,1 v'-yO~ C'vv/;6vy Due to (or as a gonsequence 00: ,. b. /cf<-:,/~!J iP' de "t, (t''' Ou~ (or as ~ ooh$equence" ofjr ., ..!l .-t,~ /. g- Due fa r::; a oonsequern:e oI}: ;;. rl.P- t6,J~ ~~~:'::'~~a. Enle:\: UNDERLYING CAUSE ~:~~;m~ry"I~~a~~~1f.e d. ttl0 3Oa. W;aslUlAulopsy Pertolmecl? 3Ob. Were Autopsy Findi1gs Available Prior 10 Completion of Cause of Death? Dv" ~o 329. Lccationol InjUI}' (Street, city/town, state) 31, Manner 01 Death B'NaturaJ 0 Homic;ide o Accident 0 Pendilg Investigation OSUicide DCoukfNotbeDetermined DVes ~ 32d. TlI11e 01 Injury M. Cert"~r(checkonl:vone) t:llf'tifying physician (Physician certifying cause of death when another physician has pronounced death and comp~led Ilem 23) oro the besI ot my knowledge, death occurred dUlto lhe caule(s) and manner as slalftd.. _ _ _ _ _ _ _ _ _ _ _ _ _' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ I)ronouncfng and certifying physician (Physician both f;JfOflOUlldng death and certifying 10 cause ol death) ~ - /Dale Signed (Month, day, year) 'ro the best of my knoWledge, death occurred at the time, elate, and place, and dUf 10 the caUae(I)and manner as llated.. - - - - - - - - - - - - - - - - - 0 'A A ~ .' I r IlIedfca1Examlner/Coroner VV~~..) C), 7;; .j-""':' €.-. .3 (;) 7/ iJ i)n the basis of examination and f or Investigation, In my opinion, death OCCUlTed allhs lime, date, and~, and aut to the C81ISe(S) and manner aa B18tecL. O~.,Name and AaJress 01 Perscn Who Coql.latad Cause of Dealh (Item 27) Type I Print J Q,J4, !'f1/kJ T UC fc S '1<17,) f'.A1! ,.,d t:' -1 f 7 ciJ.. j" Disposition Permit No. 0185320 o S;o --'~::o .""]-0 'TO .cc2 j:;. r- --.2;93 ..'1 (f) ^ -.00 ,~~ 0 .." Oc . :0 :0-1 > ~ ~ c::::. c::::c :boo " ::0 :z:. ::J:: ~ .c- --"--j {"'t ~ C::J '-'. C.J (~ " .. ("'5 rn c;~ J ~ ~ f.;:::;) c.:.> 0:::> ::::>- -U :;:0 LAST WILL AND TESTAMENT o :0 320 "";r- d7rT1 .:-:: ~~;2 00 -) (..)-n '":)C :- :::0 ::u --1 ? e- N OF :> :x 00 .. RICHARD A. DEFRANK I, RICHARD A. DEFRANK, an adult individual of the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all Wills or testamentary writings by me at any time heretofore made. FIRST: I direct that all my debts, funeral expenses and inheritance taxes be paid by my personal representative, hereinafter named, as soon after my death as may be practicable. SECOND: I give, devise and bequeath all the rest, residue and remainder of my Estate, be it real, personal or mixed, of whatever nature and wheresoever the same may be situate, to my wife, DAKA R. DEFRANK. THIRD: Should my wife, DAKA R. DEFRANK, predecease me or not be living at my death, I give, devise and bequeath all the rest, residue and remainder of my Estate, be it real, personal or mixed, of whatever nature and wheresoever the same may be situate, to my sons, RICHARD A. DEFRANK, JR., who presently resides at Lot 190, Paradise Park, New Bloomfield, Pennsylvania 17068, and MICHAEL A. DEFRANK, who presently resides at 504 Lloyd Road, Harrisburg, Pennsylvania 17109, in equal shares, per capita and not per stirpes. FOURTH: I hereby nominate, constitute, and appoint my wife, DAKA R. DEFRANK as Executrix of this, my Last Will and Testament. Should the said DAKA R. DEFRANK fail to qualify or ceese to act as Executrix of this, my Last Will and Testament, I hereby nominate, constitute and appoint my sons, RICHARD A. DEFRANK JR. and MICHAEL A. DEFRANK, to serve as Co-Executors of this, my Last Will and Testament, with the same powers, privileges, duties, responsibilities and immunities as hereunto !Jranted to the said DAKA R. DEFRANK. Should either of them fail to qualify or cease to act as Co-Executorofthis, my Last Will and Testament, I hereby nominate, constitute and appoint the other as the sole Executor. I further direct that said personal representative ) ~ shall serve without bond. The said personal representative shall have the power to discharge all the debts, liens and encumbrances upon my Estate, as well as any taxes thereon, to pay for the cost of the final disposition of my remains and final illness, if any, to receive any and all commissions and other compensation for services rendered by me during my lifetime, and to perform any and all fiduciary duties authorized by statute. Further, I direct my personal representative to preserve my Estate and any instructions pertaining to the distribution of the same from any attachment or anticipation while in the hands of my personal representative, it being my express intent that all legacies shall be free from any attachment or anticipation while in the hands of the accountant for my Estate. FIFTH: I hereby direct that all taxes attributable to the passing of any assets by means of this Will or otherwise, or that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from the residue of my estate as a part of the expense of the administration of my estate. IN WITNESS WHEREOF, I, RICHARD A. DEFRANK, have signed, sealed, published and declared this to be my Last Will and Testament, consisting of this and two (2) additional pages, in the margin of each of which I have also set my hand for greater 'fh . ~- security and better identification, this 10 dayof':J anua ~ ' 20q.4. /~Cecar~ ~ichard A. DeFrank (SEAL) The preceding instrument, consisting of this and two (2) other typewritten pages, was on the day and date hereof signed, sealed, published and declared by RICHARD A. DEFRANK, the Testator herein named, as and for his Last Will, in the presence of us, who at his request, and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses hereto. We further certify that at the time of the execution hereof the said Richard A. DeFrank was of sound and disposing mind, memory and understanding. c........ ,- /" --::~~~~~~Of 4-0\ \l\~, "'~. M I ----.--.-...-..- '=-~~ ~~ ~\~ ~ \.\. ~ (.) , ::BA~'(/])ON of ~1 M. fj(~d:~. .. (). - . . llimSblr:Jl fA l7Lo i ~-4.~ of ~o7'12. ~9t-L fl ~ 4ICU{~J S]!/z (7 I 01 - 2 - 1 ~ ~ ~ COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN I, RICHARD A. DEFRANK, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Swom or affinned to anrknowledged before me by RICHAR!J A. DEFRANK, the Testator, this /0 do day Of.~U ' 200il~ ~ J ~ ) ~ .>.-/~ No ry Public My ommission expires: i- f '1/db COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL AGNES G. NICHICI, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 19, 2006 ) --') and ,Brard; L" ])v{) Ice , the witnesses w. are signed to attached or foregoing instrument, being duly qualified ac 'Ording to aw, do depose and say that we were present and saw RICHARD A. DEFRANK, Testator, sign and execute the instrument as his Last Will and Testament; that RICHARD A. DEFRANK signed willingly, and that he executed it as his free and voluntary act forthe purposes therein expressed; that we, in the hearing and sight of the Testator, signed the Will as witnesses; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. SS: ( '~~..:~~ \\.... ~ ( "- . ='---~< ' r---. :B~'~ ]da~ Sworn to and subscribed before me this I<>dvda; of()~a7 /,! . /1 I I '" I b ,2001. Public ;; mmission expires: ~ /1 V d , (SEAL) NOTARIAL SEAL AGNES G. NICHICI, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 19, 2006 -3-