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HomeMy WebLinkAbout06-24-08Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS ( ~ Estate of PHYLLIS B. FRANTZ No. -'~ ~ ~ - U ~ (~ T Social Security No. 159-12-3618 Darlene Waugh, Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and avers that Petitioner is the Executor named in the Last Will & Testament of the Decedent, dated July 15, 2006 -ROBERT W. FRANTZ 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: a B. Grant of Letters of Administration pendente liter durante absentia; durante minor (d.b.n.c.t.a.: Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if anv) and heirs: Name (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent, was domiciled at death at 813 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, with her last family or principal residence at 813 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania. 17050. Decedent, then 92 years of age, died May 14, 2008, in Harrisburg, Pennsylvania. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $800,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ Total $800,000.00 Real Estate situated as follows: N/A _~ ~ ~ ~ , r~ ~T_~ ~ iy ~ -; -7 ~ ~~` .G - - :~ - -. , ~ J ~ .~. _:f7 ~~-i ~ ,~ , O Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affir~d and subscribed before me this day of June, 2008. .. ~ ~- ~,~.~ ~, AND NOW, June, 2008, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters X Testamentary- of Administration _d.b.n.c.t.; pendente life; durante absentia; durante minoritate are hereby granted to Robert W. Frantz, in the above estate. FEES ~p ~ ~~ f ~' Letters ........................... $ ~`~ ~' (~ ' uU ~ ~ ~ ~ ~ ~l X `~ ~ ~ Register Wills" l ~ ' ~/ Short Certificate(s).......... $ ~~ ~ ~ Renunciation ............... ~.~ ` ~ ($ (~ G~ ~,~Vi Affidavit ( ) ................. $ Extra Pages ( )............ $ Codicil .......................... $ ~~ 1, e J ~h ~~ JCP Fee ........................ $~ Attorney: LEONARD TINTNER Inventory........... ~ ~ $~ LD. No: 06859 ... Other ................... ~ $ 1^ Cv Post Office Box 741, 315 N. Front St. U~' ~ . TOTAL $ Harrisburg, PA 17108-0741 (717) 236-9377 r~~ t7_ c~ -~:O ra =n c_._ - -?~ C7 - _ = rt na -~ :~~ _ _ i :~L, ~„ _ ~~ -i-~ ~ _, ~ -~ tfJ r i Y' Q Social Security No: 159-12-3618 _ Date of Death: Mav 14, 2008 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ tree for this rertifirue. $6.U0 Certification 'vurnher I '3 REV 112006 - (PRINT IN RMANENT JCK INK ;rr~'%--.. This is to eertif~ that the information here given is 1rt' p`~H OF P\ rrt,,~~~, ---~~iyj„~ _ cot~~ertly copied from an original Certificate of Death ~~ ~ l __ duly filed with me as I-,Deal Registrar. The original ~~ ~ ';~ certificate will be forwarded to the State Vital ~( a~ Records Office for permanent filin~~. 0~~ „~~. r ~9lMENT 0~,~``,`P~Ir ~. 0,.,.: AY 5 2 8 ~~ A.9 ~ ~~_ocx e1_*ISuar Dat~Issued ~~ ` ~~ ~t c_ ~ v n :~ `_' _ ~ _ - _ ~ r-~ N - ry I -~ ; _ -` = _ ~ .. O COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ CERTIFICATE OF DEATH (See instructions and examples on reverse) sraTF P~~ P Nt ra.aco 1. Name of Decedent (First, middle, last suKx) p h y 11 i s B . Frantz 2. Sex 3. Sooal Security Number 4. D f Deelh (Month, ~y, ) Female 1 59- 1 2 - 361 8 5. Age (Lass Birthday) Under 1 ear Under 1 day 6. Date of &nh (Monlfi, d ,ear ~. Bidhplece (City and slate or fo reign country) Ba, Pleca of Death (ChecN Doty one). 9 2 '"°"'" °e" "°"" ~""'° 9 / 8 / 1 5 Canada Hespnab olner Yrs. patient ER / Oulpelienl ^ DOA ^ Nursing Home ^ Residence ^Other - Speciy: Bb. County of Death 8c. City, Boro, Twp. of Death Bd. FedlAy Neme (II not instilulion, glee skeet era number) 9. Was Decadent of Hispanic Ongln? ®No ^ Yes 10. Race: American Indian, Black, While, etc. Dauphin Harrisburg Harrisburg Hospital (Ilyes,sperJlyCuban, (Speci/yd Whit e Mexican, Puerto Rican, etc.) 11. Decedent's Usual ibn Kind of work done duri most of world INe. Do not stale retired 12. Was Decedent ever in the 13. Decedent's Educalbn (Spedly only highest grade compleletl) 1d. Medial Status: Marnetl, Never Married, 15. Surviving Spouse (If wife, give maitlen name) Kind of Work KiM of Business I Industry U.S. Armed Farces? Widowed, Divorced (Speci/yI Elementary !Secondary j0-12) College 11-4 or 5+) Homemaker Homemaker t~y,' ^Yea Lprvp U NK Widowed 16. Decedent's Meiling Address (SUeel, cif (town, state, zip code) $1 3 AC r i R Decedent's Ditl Decetlenl Penns lvania I--~~" East Pennsboro Acluel Residence t7a Stale y Live in a 17 Mechanicsburg, PA 1 7050 . c. Lp*as, Decedam enact in Twp. Township? 17b. County Cumberland 17d ^ No, Decedent Livetl within Actual LIMAS of Clty r Boro 18. Father's Name (First, middle, last, suKxl ~', 1.1 D r i s c o 11 19. Molhei s Neme (nrst mldde, maiden surname) Annie Benson 20a. Inlwmant's Name (type, Pnnt) w 1 111 a m Frantz 20b. Inlonnant's Mailing Address (Skeet, ciy! town, state, zq code) 813 Acri Rd. Mechanicsburg, PA 17050 21a. Melhotl of Disposition j ~[] Cremation ^ Donation 21b. Dela of Disposition (Month, day, year) 21 c. Place of Disposition (Name of cemetery, crematory ar other place) 2t d. Location (Gty I twm, stale, zip code) ^ Burial ^ Removal Irom State ~ Was Cremation w iMnallon AuPoOrtzed 5 / 1 6 / 0 8 Evans Cremation Service PA Leola ^ Other-Specify: ~ by Medical EZamlrter/Coroner? ®vea^Np , 22a. SkplaNre d Fune Sarvke see (or a ~ sum 226. Ucema Number 22c. Name and Address of Facility S U ~ va n u rte r a ome I. ~ '~ FD014993 51 N. Enola Dr. Enola, PA 17025 Complete Items t Dory when Cedllying 23a. o the best of my krawAadge, death occured al me time, dale antl place staled. (Signature and INIe) 23b. Cleanse Number 23c. Date Signed (Month, day, year) physpan is n vailable al lime of death to certify cause of death. Items 24-26 mull be competed by parson 24. Time el Death 25. Date Pr u cad Dead (Month, day, year 2fi. Was Case Referred to Medical Examiner /Coroner far a Reason Other Ihan Cremation or Donation? wtro prongmces death. M. © ~ Q,. /J 0 ^ Yes ~O CAUSE OF DEAtH (See Inattuetlone and exempt 1 Approxlmale Interval: Pert IC Enter other SLgnifirant conddlarts conid6utinq to death, 2B. Did Tobacco Use Canldhute io Oealh? Item 27. Pad I: Enter the chain of events -diseases, injuries, or complications -mat directly caused the death. DO NOT enl termmel evenb such as cardiac enesl, r Onset Ip Death but not resulting In the underlying cause gwen m Pan I. ^ Yes ^ Probably respkalory arrest, or venlricuWr fiorillation without showing the etiology. List only one ce on each fine. r ^ No ^ U k IMMEDIATE CAUSE (Final disease w nown n condilbn rewning m alb) 24 ~J Z ' 29. If Female: _~ a. Du to rase segue ~ ^ Not pregnant within past year Sequentially Nsl wrdAims, it any, 6 G~ i IearBno to tlra cause listed on litre a. ^ Pregnant al lima of death Due to or a come en o : r Enter Iha UNDERLYING CAUSE r ^ Not pregnam, but pregnant within 02 days (6eease or Injury Mat inaialetl me ~ events resulting m death) LAST, of death Due to (or as a consequence ol): ^ Nof pre nanl, but g pregnant d3 days la I year d i r~ before tleslh lJ Unknown it pregnant Wilhln the past year 30a. Was an Autopsy 30b. Were Autopsy Findrgs 31. Mannar of Death 3za. Dale of Injury (Month, day, year) 326. Describe How Inryry Occurred 32c. Place of Injury Homo, Farm, Street Factory, Pedomretl? AvaAade Pdor to Compelan Natural ^ Homicide OMica Build etc S ~' ' (~/Y) of Cause of Deelh? ^ Vas [].I~ ^ Yas [~fJo ^ Accident ^ Pending Investigation 32d. Tme of Injury 32e. Injury al Work? 321. If TransponaGon Injury (Specity) 32g Location of Injury (Street dly /town, state) ^ Sukide ^ Could Nol be Determined ^ Ves ^ No ^ Drner (Opereta ~] Passenger ^Pedestnan M Other- Speclry: 33a. Cedifrer (rhxk Dory one) 33h. 51g ure nd 7Ale of CeNtrer • CertMying phyalclen (Physidan cedfying rouse of death when another physician has pronounced death aM competed Item 23) ~ To the hest of my knowedge, death xeuned due to the cauxya) erM manner as atate~ „ _ _ _ _ _ _ ,. ________________________ • Pronouncing and eertgying physician jPhysician born pronouncing tleslh and cedfying to cause of death) Ta the best of m death occu knowled e d at th ti d l M l d d t th ^ 33c. Licens Number 33tl. Dal gyred (Month, day, year) y g , rre e me, e, a p ace, an a uo o e cause(s) and manner as alated_ _ _ _ _ _ _ _ _ _ .. _ _ _ _ _ _ .. • Medipl Examiner/Coroner ~ yy - ~ a On the basis of examinallon and I or Invesllgallan, In my opinioq death occurred et the lime, date, end place, and due to the cause(s) end manner es eteled_ ^ 34 Nartre and Address I Person Wtw Completed Cause of Deam ptem 27) Type !Print 3~ gistrar's Signal I ~ ~ I _l l / ` ~, `T 36.paly'1=iled on~day, year) •J~ l~ ,(J~ t ~ Cl ' dIT Disposition Permit No. ©l ~ ~ • `~ 1 ~~ ~ ~~1~~ ?~~?~ ,3UF~ 24 A~~i 9~ O8 LAST vVILL CLE ~I; ,~~ ;~ ~;. t,~,~ , OF ~, ~ , ~-~~- - ~- `~' . f'ly PHYLLIS B. FRANTZ LEONARD TINTNER, ESQUIRE BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, Pennsylvania 17108-0741 LAST WILL AND TESTAMENT C~F~/nr ,~\ it i ~ '1~'~7 OF OF,`~'rF , ~' j~. , ~, ~ti~~.` v '% ~'.. `~t~ PHYLLIS B. FRANTZ Introductory Clause. I, PHYLLIS B. FRANTZ, a resident of and domiciled in Mechanicsburg, Cumberland County and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I am not currently married. I am a widow. I have one living child: ROBERT W. FRANTZ. ITEM 1. Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. If at the time of my death any of the real property herein devised is subject to any mortgage, I direct that the devisee taking such mortgaged property shall take it subject to such mortgage and that the devisee shall not be entitled to have the obligation secured thereby paid out of my general estate. ITEM 2. Direction to Pay All Taxes from Residuar, E~ state. I direct that all estate, inheritance, succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on ary property held jointly by me with another or os~ any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM 3. ~ecific Bequest of Personal and Household Effects With a PrecatorYMemorandum. I hereby direct that any and all assets that I own at the time of my death, should be sold and the monies from said sale and any cash I have at the time of my death be divided as follows: Page 1 (1). Forty (40%) Percent to my son, ROBERT W. FRANTZ, (2). Twenty (20%) Percent to my grandson, DAVID E. SMITH. (3). Twenty (20%) Percent to my granddaughter, SUZANNE K. SMITH. (4). Twenty (20%) Percent to my granddaughter, KRISTEN G. FRANTZ. ITEM 4. Naming the Personal Representative, Personal Representative Succession, Personal Representative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees and other matters are set forth below: a. Naming an Individual Personal Representative. I hereby nominate, constitute, and appoint as Personal Representative of this my Last Will and Testament my son, ROBERT W. FRANTZ, and direct that he shall serve without bond. b. Naming Individual Successor or Substitute Personal ReRresentative. If my individual Personal Representative should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representative who shall also serve without bond shall be JOYCE A. FRANTZ. c. Fee Schedule for Individual Personal Representative. For its services as Personal Representative, the individual Personal Representative shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. ITEM 5. Definition of Personal Representative. Whenever the word "Personal Representative" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative named herein and to any successor or substitute Personal Representative acting hereunder, and such successor or substitute Personal Representative shall possess all the rights, powers and duties, authority and responsibility conferred upon the Personal Representative originally named herein. Page 2 ITEM 6. Powers for Personal Representative. Byway of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Personal Representatives generally, my Personal Representative is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to my Personal Representative may seem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM 7. Discretion Granted to Personal Representative in Reference to Tax Matters. My Personal Representative as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Personal Representative believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Personal Representative shall not exercise its discretion in a manner which would cause the lass or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Personal Representative shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions. Page 3 ITEM 8. Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. ITEM 9. Definition of Words Relating_to the Internal Revenue Code. As used herein, the words "gross estate," "adjusted gross estate," "taxable estate," "unified credit," "state death tax credit," "maximum marital deduction," "marital deduction," "pass," and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall have the same meaning as such words have for the purposes of applying the Internal Revenue Code to my estate. For purposes of this Will, my "available generation-skipping transfer exemption" means the generation-skipping transfer tax exemption provided in section 2631 of the Internal Revenue Code of 1986, as amended, in effect at the time of my death reduced by the aggregate of (1) the amount, if any, of my exemption allocated to lifetime transfers of mine by me or by operation of law, and (2) the amount, if any, I have specifically allocated to other property of my gross estate for federal estate tax purposes. For purposes of this Will if at the time of my death I have made gifts with an inclusion ratio of greater than zero for which the gift tax return due date has not expired (including extensions) and I have not yet filed a return, it shall be deemed that my generation-skipping transfer exemption has been allocated to these transfers to the extent necessary (and possible) to exempt the transfer(s) from generation-skipping transfer tax. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of my death. Page 4 ITEM 10. Simultaneous Death Provision Presuming Beneficiary Predeceases Testator. If any beneficiary and I should die under such circumstances as would make it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that the beneficiary predeceased me. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ~.~ day of July, 2006. ,t., HYLLIS B. FRANTZ Attestation Clause. The foregoing Will was this ~~ day of July, 2006, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. !~1=.~ `'~\~ ~_l ~ t-'1 . ~w~+.L:~E~ti,'C of ~~i~2y~;i~~~ ~ ~~ S+e~hen S~` Igo x of ~ndlG , ~~ Page 5 PROOF OF WILL Commonwealth of Pennsylvania Self-Proving Affidavit County of Cumberland We, PHYLLIS B. FRANTZ, and ~`~'~U..t~_yl A_4 '~ -~ , ~~~(. C'Y, and ~ti~.~r~ ,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, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. PH ~ IS B. FRANTZ . ~~ „_,.. Witnes ~~~~ ~~'~ Witness Witness Subscribed, sworn to, and acknowledged before me by PHYLLIS B. FRANTZ, the Testatrix and subscribed and sworn to before me by -}=, ~~ ~ and ,witnesses, this ~ day of July, 2006. l ~1~N1 ~~ , ~0._ p (Seal) Notary Public for Pennsylvania My Commission Expires: ~ p I d ~'p Page 6 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Allison E. Kapp, Notary Public East Pennsboro Twp., Cumberland County MY Commission Expires Oct, 21, 2009 Member, Pennsylvania Association of Notaries