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HomeMy WebLinkAbout07-28-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert I. Frederick, Jr. File Number 21-08 Q~ ~~ also known as ecease Social Security Petitioner(s) who is/are 18 years of age or older, apply(ies) for: ~X~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent dated January 28, 2002 and codicil(s) dated N/A state re evant circumstances, e. g. renunciation, eat o 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: COMPLETF, INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at 835 W. North Street Carlisle N Middleton Townshi Cumberland Ct PA 17103 ( ist street a ress, town city, towns ip, county, state, zip co e) Decedent then 68 years of age died on 835 W. North Street, Carlisle PA 17013 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 situated as follows: ~~ 060~~ r ~? ._ 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 a ro riate form to the undersi ned: . ~¢nature ne or nrmte name an ress ence ADDRESSI 835 W. North Street Carlisle PA 17013 i,, NAMEZ ADDRESS2 NAME3 ~--~ ADDRESS3 `~ C7 ~ ame 4 .- ~ -c3 ~ _. __r _- ~7 c-- - ` ~- E-- _ ~.~ ,~.,~ \.wl ~. ~ _~ t ~> C.~? Page 1 of 2 ~ B. Grant of letters of Administration (If applicable enter: c.t,a.: .n.c.t.a.; en ente ite; urante a sentia; urante minoritate) Petitioner(s) after a proper search has/have ascertained th ent left no Will and was survived by the following spouse (if any) and heirs: (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.) OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA couNTV of CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn 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 ~~ c~~J~e..~ _ :-~ For the Register Donna B. Frederick n ~= c~- o ~. File Number: ~ 1 0 `~ ~ ~ ~ ; =~~ ~ . .:y F~ , ~ . _~~ ~ Estate Of Robert I. Frederick, Jr. ,Deceased ,.~' ~ ~? ~ ..~ ; , ~~ ,~~ ~~ - Social Security Number: 172-65-0165 Date of Death June 21,200.E ~ ~, ca AND NOW 2 , 201,0 in consideration of the Petition, satisfactory proof having been presente befo e me, IT IS DECREED that Letters Testamentary are hereby granted to Donna B. Frederick in the above estate and that the instrument(s) dated January 28, 2002 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEE5 Letters ~~DDO a ~Q Short Certificates ~{ 1(p Renunciation t,~ ~ l l i 5 .x. P l D ~~ ~ TOTAL... a51~ Signature ~~~~~~ ~°~""~ Attorney Name Robert M. Frey Sup. Ct. LD. No 6274 Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 Page 2 of 2 7O5905M5 REV. 6/O6 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 6S, P.L. 304, approved by the General Assembly, June 29> 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. Calvin B. Johnson, M.D., M.P.H. - Frank Yeropoli Secretary of Health State Registrar Military status .1408446 31Y No. M105.t1{ REV 112005 TYPE f PRWT IN PERMANENT BIACK INK P N N .~ 0 U T, ~I JUL 0 32008 COMlAONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • YITAL:AECORDS Date CORONER'S CERTIFICATE OF DEATH a ` n ~ (l r_ew....•s....e e.. a..e ..ram ca) STATE FILE NUMBER t. Name a Decaaenl IFSd. mUde, lap, sumx) 2. sex 3. Social Securpy Numpnr {. Date d Dadh (temM, day. year) Robert I. Frederick Male 172 - 32-0165 June 21, 2008 5. Age (Lap BiN,dny) UMar 1 r UMa t day 8 Oere M Binh (MenM, daK T. Birlhplew aM smle a brdgn wlKary) ea. Place d DaeM Check o ore I IXhen ~~ ~~ ~~ ~~ 8 / 2 2 / 3 9 Car 1 i s 1 e , P a . ® tpM ^ ER / (lu[paaea ^ DOA ^ Nunslrg Home ^ Redd•rce ^Olher - SPeCiIY: 6 g Ya ' ~. Da,ary a Deem lk. Cily. BOro, Twp. a Deaf m. FadY1y None IN col instaueon, Give Ned Brd nmper) 9. Wss Deosdan a N'epeac Orign? ~ No ^ me 70. Race' Anenran Indan. 8hck, 4Yhae, de. Dauphin Derry (If yss, epa-ttY Cumn. (Spacpy) Hershey Medical Center Maeiwn.P;+erbRka4ek) White n. Deceaanrs uww tron Kira a wm sae mod a sr.. Do as a.d, lz. wee Decedem ever m de 13. Decedanl's ENwtlon lspantty say N~wst ~ canpNted) I{' Msda15tane: Married, Never Mani W. 15. Swlving Spceee Ilt wile, fig maklen ndre) DNaCad ISWC~1 W~~ IOM a Wok Kmtl d Brreineas / IMustry ' U.S Armed FaCes7 ElemerYary / Secondary .0-t2) College (1 i w 5a) Married Donna Burgner Surveyor En ineerin klraa ^NO 12 • 76. Dewdsnfe MaiMp Atldeas (9rast CpY / rove, aide. nP wda) Orcetlanl's ~Cacedant 17C. ^ Yea, DaMent LNed h Twp. Aauel ResMence 17a. Stets P a . 835 W. North St. TanrntliPi nd. No,Dx.mnuN.dlaNn Carlisle Cumberland ~ c Carlisle Pa. 1 701 3 nn. anq ACIwILImireM p,y,eae 18. FaNar's Nero (FM mHd•, Mp, adfi>n 79. MdMr's Name (Frs4 mldde, mnidM amame) Robert Mae Davis kilamenrs Noma (Type / Pdrt) 20a ZOh. Inlomenrs MaiepAdlraAe (u'Ired. CdY / rown, ateb. zip wde) . Donna Frederick 835 W. North St. Carlisle, Pa. 17013 21 a. Melhod d Dppospbn g] aemadal ^ Donarrori 21 p. Dare a Dispopllon (Moan, day, year) 21e. Plow a tlepwkion (Nanw d remeNrY• uarel~y a doer Idaw) 21d. locatlon Ianj /roam, sMN, m wde) Pa. Holly Springs Mt ^ Banal ^ RemwdrromBbfe W.aCnmatbnprrwreponANhataM 6-23-08 ^ , . Hollinger Crematory No ^ OVer , Speay: W Y.dwl Psaminer/ Coron•ra ~] Yea ... ~ 12a. SgneNrc d Faerd Servcs Uwmee la pemon acag es such) • - fpm- 22b. License Numner 011569-L 22c. Noma erld AddrKa d Frcipy HollingerFH&Crematory Mt.HOlly Springs, Pa. 17065 CanPlero Hams 23a<oay wren wrttfykp z . TaW Dead my kraWedge, ants orx+nrad d pe tens, dare and plow aMtM. (s'gnaMa and dlel 23b. Lloerw Numper 23c. Date signed IMadn, day. YaaA physiden's rot aveileple d pme d eaaln to aaluy ca,ae a eedn. 2{ Time d Dean 25 LIaM Pmnlra:ed Dxd (Mash, dsy, Yad 26. Was Cbn Rntened ro Medwl FxamNNr / Coroner br a Rnum OIMr Man Cremation or Dandksn? Kerns 21-?8 mull ee Completed q' Person . 05 P 0 2008 June 21 ®vn ^No woo proraurces deaM t.[ 4: , CAUSE OF DEATH (See Instrudlbne end sxemple•) r Appozknab kraarvet Pan R: frpa wMr siwi5wnt caxlpiens mnpihnpa ro deatlr. 2B. DId Tobago Uee Cantlhure ro Daadii ^ Yes ^ Probedy r M M dM in iven n Pad I I a U ca e M M d g g . x er re i r9 e w y us ed, Ousel W Oea M pan 27. Pat C Enid dr coon d evc^ - d^osaee, irMaiae, a wmRketrow-IhU daeCaY owxd Ue deem. W NOT Baer terranal avags such ffi wr reepimtory ermp. a vadnala(mdelbn wiNap showing Me Ndog/. Lid ooh ore cause an a h li% ^ Np ^ llnknown NIYEOMTE CAUSE (Final dieaefe a Z9. tt Female: wMpiai reeunkg in EeatN ,~ ^. Gunshot Wound To Head ^ Nor praprN wIINn pap year Due to (a m a amsewero op: ~ I ^ PmgreM d 5me d deelh Sepueasp IN candnrom, d aM, h. ^ Nor prsDWd, NA Prsgnea wahin {2 days le~dnp ro Vu! wise rered on line a. pN ro Ia ss a consequence al: Eaar pie UNDERLYING CAUSE d dmth (1slaeaxr~a mjur~Mat iY_dre c. ^ Nd prsgW^. bd pragnanl {3 deya b 1 year M~ N7 Cpl ~s puu b (a u a meeWenro ot): bnrare tleeM _ d. ^ Udmwn if pmpem witlwi tre peat yMr 30e. Was an Aubpsy 300. Wm AWPSy Fintlktgn 31. Mam•r d DBath 92a Date d Irywy (Moah, day, yea) 32D. Oescdpe Hav Iniury ~+~ 32c. Pboa d Iry'vy: /bme. FMn. SeeeL Papery. 2008 Gun shot wound to the head HDDmNoeeBaaang.aro.(spemy) dehwPMtloCan letbn June 5 A p , w Pabmrd. ^ stay ^ Homsae a Caaae a De.m? ^ AaManl ^ PerAYg Invepgapon 32d. Time a IMay 92e. tnWry d Wwk? 321. N Transpaream Irgury (Spedly) ffig. Laaeon d Iryury (Sheet, c1R' I bwn, pale) ^Yes ®No ^ nee ^ No ^ ~r/opemror ^Passengar ^PetlesM.n 835 West North Street, Carlisle, PA ^vea ~ No m (19 sdaa ^ wale Ile m Dder ked Apx 10:00 A M. ana specpY 33a Ga1Nr IMede my ore) 33b. SgnaWm - Tae of Gnlier /l •L/ • CWtlyNp plyelan (Phyaican appfy:g twee d aepn when andha physklan nee promucced desM rM campldeo Hem 23) e.drl ocavrred sue to the wuae(sl andnwrwr ore WMd-----------------------.---------_ ^ k . rowled T p f t ~ .r] ~ ~ / (.,~~. ~ Lisa A. Pottei9er, Chief Deputy N-' , g , my ea o ot r • Pronounoing a,a calpHnY Pnrelolar IPhydaa~ porn pAa deem and wragng ro wies a awm) ^ 3x. tkeme NwiMr . Mre synee (Monty, ay, yur> io tM pMdnp'sorewbd94 daaM Owrcrod alts inre,dare,aM pace.aM da to irr wuM(a)eM maa+er as stsled__________________ JUne 23, 2008 • Medkd Exaeana/Coroner r~,,~n dots xcuned d the dme, dare, end PMee, end dw ro its wuaefa) eM manrw as ehtad_ VJ olak M mY oplnbn anatton and I a Nwdi O M G i d ~ Name aM Adpasa a Peia,m Wle CaigNkd Cause d Deem (Item 27) Type I Pant , p exa e s e n _ Lisa A. Potteiger 3s. mra sgndam X/ J/~V'-{,,.(' /~ I~I ~ I +, . ~ I® I ,G1 ~/~ ~ JAL /7llu!F. ,nom-~,~. °'~-I ~ Date FiM lManm, eey. rea0 J Lbr7 t° .-,.3 aQ~1~ 1271 South 28th Street Harrisbur , PA 17111 / ~ % DisPOelllon Peonp No. (JID~~ ~O( ~ lp n., C~ © ~' ~ t_,. __ ; _ _ ~ / ~ ,; - . r- _.. _ ~ ~f ~ - :~~ c - -T7 =-; J ~ _ ~. _ ~~ . _' ---i N ~ t~. W CX? h J LAST WILL AND TESTAMENT < ~ ~~ -~ ~._ t,~ ~.^ _ r.~ i ~_ = u~ -., ~:._; "~'4 _ I, ROBERT I. FREDERICK, JR., of North Middleton Township, Cumbe~~a'~oun~y, _ n r,_, __, Pennsylvania, being of sound mind, disposing memory and full legal age, do l~reby m tee, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. I direct that the services of Hollinger Funeral Home and Crematory located in Mount Holly Springs, Pennsylvania be used and that my remains be cremated and at the direction of my family interred at Cumberland Valley Memorial Gardens located in Carlisle, Pennsylvania, and that the expense thereof be reimbursed out of my estate as a funeral expense. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale Initia therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, DONNA B. FREDERICK. FOUR. If my spouse, DONNA B. FREDERICK, does not survive me by a period of at least sixty (60) days, then I give, devise and bequeath all of my estate of whatever nature and wherever situate as follows: A. I give and bequeath certain articles of my household furniture and furnishings and certain articles of my personal effects and personal property in accordance with a separate memorandum which accompanies this my Last Will and Testament. To the extent that such memorandum fails to dispose of all of my household furniture and furnishings and all of my personal effects and personal property, or if the memorandum is not in existence at my death, then I give and bequeath the same in accordance with Paragraph Four D below; and B. I give and bequeath my 1949 Chevrolet Convertible to my daughter, JEAN A. BENFIELD, absolute, if she shall survive me; C. I give and devise my real estate located in Colorado, together with any and all improvements thereon and all rights and easements appurtenant thereto, to my son, ROBERT C. FREDERICK, absolute, if he shall survive me, subject to any mortgages, liens, real estate taxes or other encumbrances thereon; and D. I give, devise and bequeath all of the rest, residue and remainder of my estate in equal shares to my children, per stirpes, which provides that the child or children of any deceased beneficiary shall take the share their parent would have taken if living. FIVE. If any of my heirs or beneficiaries are under the age of twenty-one (21) years at the time of my death and inherit any assets under Paragraph Four D. above, the hereinafter named Trustee shall hold all of their respective shares in trust according to the following terms and conditions: A. Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their continued support, maintenance, education, or medical care. My primary objective is to insure the support, maintenance, education and medical care of my heirs and beneficiaries until they reach the age of twenty-one (21) years. Notwithstanding the above purpose of this trust, the Trustee, in the Trustee's sole discretion, may distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase Initi 3 of real property, tuition for further education, or any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. Any payments made hereunder may he made by the Trustee directly to my heirs or beneficiaries, or to such of them as may be, in the sole opinion of the Trustee, of such age and ability to properly handle the funds so paid to such heir or beneficiary, or may be made by the Trustee directly to the person having the custody and care of any of my heirs or beneficiaries, or may be made by the Trustee directly to any institution entitled to such payment by reason of services rendered or to be rendered to any of my heirs and beneficiaries. B. When my heirs and beneficiaries reach the age of twenty-one (21) years, then whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving issue, said deceased heir's or beneficiary's share shall be divided equally between my surviving heirs and beneficiaries and distributed in accordance with this Paragraph. For whatever reason, if there are no heirs or beneficiaries remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal shares to the residual beneficiaries in accordance with Paragraph Seven hereof. SIX. I nominate and appoint my daughter's husband, SCOTT M. BENFIELD, or if he is not able or does not serve for whatever reason my son, ROBERT C. FREDERICK, to serve as Trustee of the Trusts created in Paragraph Five hereof. Initia 4 SEVEN. In the event of a common disaster causing the death of myself, my spouse and all of my children, without surviving issue, all within a period of sixty (60) days, then I give, devise and bequeath all of my estate of whatever nature and wherever situate to the FIRST UNITED CHURCH OF CHRIST, anon-profit organization principally located at 30 North Pitt Street, Carlisle, Pennsylvania, or its successors or assigns, for its general religious and charitable purposes EIGHT. I nominate and appoint my spouse, DONNA B. FREDERICK, to be the Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my daughter, JEAN A. BENFIELD, to be the Substitute Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify, or is not able or does not serve for whatever reason, I then appoint my son, ROBERT C. FREDERICK, to serve as Substitute Executor of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executrix hereunder. NINE. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. TEN. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. ELEVEN. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. Init' S TWELVE. The validity and administration of any trust established hereunder and any questions or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. THIRTEEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue pursuant to Paragraph Four D hereof, except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] Initial 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal thisG:y of ~~~~ ~~ Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. -~'~ ~., ~ L n ,~" 'G r `~ 7 ACKNOWLEDGMENT AND AFFIDAVIT WE, ROBERT I. FREDERICK, JR., CHERYL L. CLELAND, and MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ROBERT L FREDERICK, JR., the testator herein, and subscribed and swo to befo me by HERY/gL~~L. CLELAND and MARTHA L. NOEL, witnesses, this 3a~jof _ ~ _ ~~?~ Jacqueline L. D~awbaugh,INotary Public Carlisle Boro, Cumberland County My Commission Exp±~es Aug. 14, 2003 Member. Pennsylvaniu+ fls;ocRS(opr, oY Notaries MART A L. NOEL