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Home My WebLink About05-19-08 Will PETITION FOR PROBATE and GRANT OF LETfERS Will Estate of Virginia L. Franke, late of Borough of Shippensburg, Cumberland County, Pennsylvania, Deceased No. Social Security No. 210-16-1393 To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner is over 18 years of age and the remaining co-executor named in the last will of the above decedent, dated August 12, 2002, the other co-executor, John J. Franke, having renounced his right to administer this estate, effective May 16,2008. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last principal residence at 206 East Burd Street, Shippensburg, PA 17257. Decedent, then 84 years of age, died Tuesday, May 6, 2008, at the Chambersburg Hospital, 112 North Seventh Street, Chambersburg, PA 17201. 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. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania All personal property upwards of Personal property in Pennsylvania Personal property in County $ $20,000.00 $ $ $ 0.00 WHEREFORE, petitioner respectfully requests herewith and the grant of Letters Testamentary thereon. the probate of the last will C) r- :~o '=0 --0 :::co !::~ r;:; .. .~.~--- - ...:;.- .":"_1 ~..'../ :>..:::. U) ~~LJ~~ --,:~<2 (~) :~-rl -0 :I: :"1J ::u --i :l:'..-.. ~ N en Steven W. Franke 1035 Ragged Edge Road Chambersburg, PA 17201 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS The petitioner above-named, swears or affirms that the statements in the forgoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above, petitioner will well and truly administer the estate according to law. Sworn before to or affirmed~d subscribed m~ Ij day of ,2008. &v~lJt~ Steven W. Franke ("") So <""':0 :i~f~ <:' ::::-J ,...." C::. t:::::> = :Jt :l> -< , ! ) \..0 No. ~\ ~ lf6 _J..' /....... .---} C) C) Co. ,) -'-fl '-- )El =i~ \J := w Estate of Virginia L. Franke, Deceased N 0" DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, t 9 , 2008, in consideration of the petition on the reverse side hereof, satisfact proof having been presented before me, IT IS DECREED that the instrument dated August 12, 2002, described therein, be admitted to probate and filed of record as the last will of Virginia L. Franke, and Letters Testamentary are hereby granted to Steven W. Franke. Oath of Subscribing Witness(es) Oath of Non-subscribing Witness(es) Oath ofWitness(es) to mark Renunciation(s) [ ] [ ] [ ] [1 ] Ju f Documents Attached: Cindy Lou Franke Supreme Court LD. No. 89047 2038 Lincoln Way East, Suite C Chambersburg, PA 172~2-3362 Phone: (717) 267-3769 )~E\ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 D 1111(~'~(1H'orpl;;'-,_, 11~~'l" ~/r4t -. ;;",,'I~' ~~ t~ . ~~~~';. l~!,~ --~,- \Y'~ ~ =i _:~: :~~ k~~v':l \~~ ..~" ;C"- ;A A~"" ,-......!:-?hl .-(. ~\:",,\ -....-'"EN1 Q, """ ""'NHHJlIIJI This is to certify that the information here !liven is correctly copied from an original Certificate (~f Death duly filed with me as Locnl Registrar. The original certificate will he forwarded to the State Vital Records Office fur [lerll1al~ent filing. -i4/10QO-\4 1. '-rvV0...l cI~jJ \9. 4,Ul~/1. {)!J1 u~'Y 1?l-r1tJf Local Registrar Date Issued ~~ Certification Number o ;0~o '):>,- :~.:~~ '" <:::::> ~ co ::J'l: ~,. -< , .....----.... \.D . - '.--', "-_J \ :.:U .~;:]--; .J> -0 ::r. w o w " .. . ~ nt6-l.c!~n.R\)-:e l1PE J PRINlIN PENl....,. I!UO( '" COMMONWEALTlf OF PENHSVLY4NIA . DEPARTMENT OF HEAlTH' VITAL RECORDS CERTIFICATE OF DEATH (SM In$fNCtlans Inf _mpIes on -el 1.Hr::II('(~IfW. .w........., s....(Wt~ 84 v... ft.eo.r...._ OavE'.~J; tt\"'x:~t.rRl\IIIut;.~I'_Ir.. (S:oIofjj White II....., rp.y ..... taJMJ .... (tltJen PA w 1 .~",1!'I't: : 0IIfI1)Du't! , , , .- , . :- : .- . : .......- 0... fNl:Erlhrcor.' ~ ----....~tllo.... t'Ilft-=a~~4Cl1l8lt~b"'l < ::a:n=..s==-:;. .. Al".! =!~"__f"" .tw-.IftId.... .. _ __CAIISt S':-:".::Att.'Cirm- J "'1-1'-tI C. 8J' L'.., D..I;)t:a:IS...~~ L ~to(ctlSa~. :::> l)t..[cr...~_ .. u>. __A-.Jtop ktd\NtPriot.~'" trSaaSf<<~l 0/ < <5 (. 1. b.~.'1~( -- t1.M.'Mldo..c.. ~O"'- 0-0......._- o s.;;o, O"""'.""o.-bof hi. S2lrT~:a'tI").~,I 00;..-10;<"" 0.......... 0-- """. s.r.r,: Di.Ceo!tChlt.lHlOilo.l\"_,' SS;..St~ . =-.'.,"'J~~~~~~-::~:=::~~~~~~~.._....__...._.._______ m .. . ~_~,."'~ilSr.~",,-.Jd"t-d..IltdClid~h~b"d.~ D u=.~ . n:l.b<l.spw Qi~~! lo.",""....__..........""_,........,................_~.............,.....__________..___u ,.,..., 0" 'l :t e.t I... 5' - b - 0 P- . ==~_,..~Ifl....~*IDt~..UIt...ddf..llpfact!,.._toltlr:~...ClIIltltf'JS...... 0 ".tttme"",.,..l/fMa'lMr.+~c...~DtD~2'!r,lJt"'.AIIt ' Paul D. Orange. !I..D. 4225 Lincoln Way East. P.O. Box 608 0.... ~.. 0.... Do. 32dTl1leltl1,ry I c ~ 3 ;( ~.. ,- ... "'" F1""("<',,- ...,..; I: II I .....1 '< I (.00 I ).)'__~(} _ O~)" """"'-"'....w..... O?-I it.; ,j-{ LAST WILL AND TESTAMENT OF r--:> C'::;;I> i"':'~::> co :~~ )::>a --<: VIRGINIA L. FRANKE ill a\-~ ~D -'"l ]2 -u :E W N I, Virginia L. Franke, of 2765 Warm Springs Avenue, the Borough of Huntingdon, Huntingdon County, Pennsylvania, hereby declare this as and for my last will and testament and revoke all wills previously made by me. At the time of the execution of this will, I am not married and have two (2) sons, John J. Franke ("John") of R. D. #4, Box 257, Huntingdon, Pennsylvania, and Steven W. Franke ("Steve") of lq35 Ragged Edge Road, Chambersburg, Pennsylvania. DEBTS AND EXPENSES 1. Miscellaneous: I direct the payment of my debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be accomplished. The expenses of my funeral shall include such travel costs as my executors shall consider reasonable and necessary for any of my lineal descendants and their spouses to attend my funeral. Moreover, I authorize my executors to expend funds from my estate, in such amount as they shall consider necessary and desirable, for the purchase, erection, and inscription of a suitable marker for my grave. GIFTS II. To My Sons: I give my entire estate to my sons, John and Steve, in equal shares, if they survive me by thirty days. Should John predecease me or fail to survive me by thirty days, I give his share to his wife, Shirley Franke ("Shirley"), if they have not divorced, providing Shirley survives me by thirty days; if neither John nor Shirley survives me by thirty days, I give my entire estate to my son, Steve. If Steve shall predecease me or fail to survive me by thirty days, I give his share to his wife, Cindy Lou Franke ("Cindy"), per stirpes, if they have not divorced, providing Cindy survives me by thirty days. ADMINISTRATIVE PROVISIONS III. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. IV. Death Taxes: All death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my probate estate so that the burden falls on my residuary estate and none of those taxes shall be charged against any beneficiary. V. Management Provisions: I authorize my fiduciaries: A. To exercise any options available in determining and paying death taxes in my estate; B. To retain and to invest any and all funds in any form of real and personal property, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; C. To pay all taxes, charges, and expenses of maintenance, upkeep, improvement, development, protection, preservation, and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said executor shall determine; D. To compromise claims and controversies, and to abandon any property which, in my executors' opinion, is of little or no value; E. To distribute property in kind, 1.'1 cash or partly in each, L.'1. such manner as may be determined and at valuations fixed by the fiduciary; F. 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, exchanges, and leases for such prices and on such terms and conditions as is deemed proper; G. To allocate any property received or charge incurred to principal or income or partly to each, without regard to any law defining principal and income; H. To retain property in kind and distribute to or for the use of any minor beneficiary; I. To exercise any election or privilege given by the Federal or other tax laws and to make or not to make equitable adjustment for the exercise or nonexercise of any such election or privilege; and J. To make and file a disclaimer on my behalf. These authorities shall be in addition to those granted by law and shall be exercisable without court authorization. FIDUCIARIES VI. Executors: I appoint my sons, John and Steve, as Co-Executors of this will. If one of the above nominees does not serve for any reason, the remaining nominee shall serve as sole Executor. No fiduciary appointed herein shall be required to file a bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, consisting of four (4) typewritten pages, including the affidavit following, each affixed with my signature, this /,;t ~!? day of ~:?/../6/ , 2002. ~/~~ ;/ ~~ IRGINIA L. FRANKE Signed, sealed, published and declared by the above-named testatrix 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 subscribed our names as witnesses. d/l1f 0-!:1 !iJud ~)flrru-' t~ residing at t Ju a hI h)b Ii }j, A re,idmg at /J;1jJl-L 0Iuu161J ?/f COMMONWEALTH OF PENNSYL VANIA: SS: COUNTY OF FRANKLIN: We, Virginia 1. Franke, . -:JCdL; L, UJ~sf and ! (}JY\ \ l rn I (QCI-c , the testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix signed the will as witnesses and that to the best of their knowledge the testatrix was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. !Jtay M (j/W;;(- ~f?/~;' X ~~k Virginia 1. Franke ~,j1; 1M~ Sworn and subscribed to before me this /~~ day of 4u~us/ ,2002. h;2tt ~ r/~,~ Notary Public NOTARiAl SEAL PAMELA D. AMBROSE, NOTARY PUBLIC PETERS lWP., COUNlY OF FRANKUN MY COMfttSSlON EXPIRES JUNE 3, 2006 1- \ o~ o(;l\ (\ RENUNCIATION f"-:> C';:, = = ::Jt :C'J. -< REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYL VANIA \.D V ::l: W N en Estate of VIRGINIA L. FRANKE , Deceased I, JOHN 1. FRANKE , in my capacity/relationship as (Print Name) named Co-Executor under the Last Will and Testament ofthe above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to STEVEN W. FRANKE, the remaining nominee, as sole Executor ~-/~ -6 0- ~~/~- (Date) 11628 Standing Stone Road (Street Address) Huntingdon, P A 16652-4617 (City. State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciatio~or the purposes stated within on this , " day of "1\\~ (;:(:X)B. Ni~~i~~ My Commission Expires: Deputy for Register of Wills (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission) KAY COONS PROTHONOTARY HUNTINGDON COUNTY, PENNSYlVMllA MY COMMISSION EXPiRES JMWARY 2, 2010 Form RW-06 rev, 10,13.06