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HomeMy WebLinkAbout07-25-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of ~11 t C_~G~' ~ ~C~~r~n ~~' L~ ,Deceased ESTATE NO: 21- ~ ~ - ~C~ a/k/a: a/k/a: SS NO: ~ _ J Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as a plicable: l~A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters ~`~ ~ ,~~ o. ~~ e~t~. ~ `lam under the last Will of the above-named Decedent, dated ~ r', ~ ) I ._~ and codicil(s) date,.~.~__ ~ r ~ ~ 1`~ ' ~'Cl~~ Ui a; ~; (State relevant circumstances, e.g. renunciation, death of executor, etc.) ~ ~ n _ -. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted a$utioe~i}f the _~, instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated p'e~n, and was not ; _; party to a pending divorce proceeding at the time of death wherein grounds for divorce had been~talSlished as~efinC~i~ 23 Pa. C.S.A. § 3323(8): ~ ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent life, durante absentia, durante minoritate) C. Petitioner(s), after a proper seazch, has/have ascertained that Decedent 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 and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:- u Address Relationship to Decedent t.JG.( ~('Q. J ~E J1rrE'. l Lull ~Gi 1J{~ ~~E~ '~ ~ r~ 1= t e I bG1 J2Cp;,c`. Srt ~~ ~5 ~;s-c~ ~c~t ~Q c' -T r c~.c ~~ e `1 l~1 Cz~a t ~ ~ i n S r~~~. ~ i ~'t S' '~ -F e S~S~~~ a3 ~~ ~3~ ~-'~11S;dF, bE; v~ 1.~ ~ (~ G; ~ IFr~,~;, USE ADDITIONAL SHEETS IF NECESSARY THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At GI o~ (~ l (o t ~` ~~ fe:-e+ IN ~ w, Cx~ t~', be r 1 C~ ndl ~'-f~ 1 I U "7 (`~ _ (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then r ~ years of age, died ~ rr~~ne ~q ~ ~~~~61 at ~.-z. (~~ o ~ ~ `~~ (Month, Day, Yeaz of death) (City and fate where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property 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 Estimated Value Location of Real Estate in Pennsylvania: (Provide full address if possible.) ` ~~"~ I ~ ~ h f Si¢ir~ure(s1/~ Name(s) & Mailing Address(es) 1.~'~ / l9 u n~5~- ~ ~ ~ ~T ~ h $ ~~~ ~Cl C? ~? $ ~ (7 ~~ c5 St r ~~ t- ~~ ~ GL~ tab (~~~ 1 ~~~~ C~ ~Q3y Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page I of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 ~ / ~'~~ J ,rv_... before rme this _~~ ~ d y of ~ ~ ~~ ~~ -, r- 1 _ I -~ ~ i--- - 'z~ 1 + _ ~r ~ ` ~ ~ ~ . . ~ t,C ,k T~ For the Register `~ ~ .~ ~== ~~ ' DECREE OF PROBATE AND GRANT OF LETTERS `~~ Estate of ~Y~ ~ C-'>C. F ~ ~L~~'i'~ 1 ` ~-U ,Deceased File Number: 21- ,~ (; t I - 0 f CI AND NOW, this ~ 5 day of _.~ L+ ~ , in consideration of the Petition on the reverse side hereon, satisfactory proof havin been presented before me, IT IS DECREED that Letters Testamentary of Administration are hereby granted to: '' `` (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) ~~ 1C ' +-~ 1 ~.~, in the above estate and that instruments(s) dated - - r ' ~ described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Glenda Farner Strasbaugh, '~ (-- 1-~~.~r~%,~--"i` ,c:i1 C~~~ Register of Wills FEES' Signature of Counsel Required to Enter Appearance ~ `. Letters ....................$ L Will ........................ i ~7 ~~;~ Codicil(s) ................. (~ ~) Short Certificates ~ ~ ( )Renunciations....... Bond ............................. Other ............................. ..................... Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................ $ l ~-l~ ~ ~d Atty's Signature PRINTED Name: Supreme Court ID No.: Address: Phone: Fax: Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION O~ G~~AT~ WARNING: It is illegal to dupiscate this copy ~y photostat o~ p~~otox~l~~ ~~f~. tee fen this ~c tilica(:~'. Sri.OO P__175572.89_____ REV 112006 PRINT IN IANENi CK INK ~t~~_n5~ 'A~~ ~~x ;~ r~ ~; ~ ,.x, ~ - ,_ ~ ,, COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See inStrUCtionS and examples nn ravnrcxal ~ ~ O ~~ - ~ ~ ~_ _-, ;~; YI r~ ~ m ra - • , -~ ~-; Q r-, ~ "Tl as>a i XI a rllt IVUMtlcH i. Name d Decedent (Flrsl, middle, last, suffix) 2, Sex 3. Social Seenty Number 4. Date d Death (Month, day year) , Michael J Free Male 181 - 54 ~ 8175 June 29 2011 , 5. Age (Iasi Birthday) Under 1 year Under 1 de B. Date of BIM (Month, da , eer) 7. BiMplace (Ctty aM slate a faelgn courntry) 8a. Plata of Death (Check only one) kart beys f~xs Mlnuma Hospttel: Other: 51 vre. Aril 26 1960 Harrison TWp., MI ^Inpetient ^ER/Oulpadenl ^DOA ^Nursin Home k1~--,~ 9 ^ Residence IdlOther~ Spedf : eb C d D y . ounry eaM Bc. C Twp, of Death Bd. Fadllry Name (N nor instltutlon, give street and number) 9. Was Decedent d Hispanic Origin? ®No ^ Yes 10. Race: American Indian, Black White etc , , . (If yea, apecily Cuban, Cumberland Lemo rte (epaxr» 1st Block of West Lowther Street MexMan,PUenoRican,etc.) White 11. DecedaMS Usual Lion KkM of work lore dodo most d wo ~ Itta. Do not state retired 12. Was Decedent ever In the 13. Decedents Eduetlon (Speclly only highest grade mnplaterl) 14. Mahal STelus: McMed, Never Mametl. 15. Surviving Spouse (Ii wife give maiden name) KIM of Work Kl U S Annad Forces? d d B i I , . . n us ness I ndustry Elemenfe ll~ ecandery (0-12) College (1-4 or 5t) Widowed, Dirorcetl (Spedy» Supply Technician Federal Governmen ^ ® vea NO Divorced - 16. Decedents Mailung Address (Street, city I town, state, zip code) Decedent's Did Decedent Actual Reddence 17a. sale Pennsylvania l ~ln a 920 Sixteenth Street np. ^ye,, ppcgtlgm l.ivedm h ? rwp New Cumberland, PA 17070 nb.couny Cumberland p nd.®ec IJVMwllhm ~ New Cumberland city / Borc 1 e. Father's Name (First nniddle, last suffix) ' 19. Motlrer s Name (Flint mkMle, maiden surname) John W. Frey Sallie Jo Boyer 20e. InfamrenYs Name (Type / Pnnt) 206. InfarmenYe Melling Address (Sheet city /town, state, zip code) Barry L. Frey 509 State Street, West Fairview, PA 17025 - 21 a. MethM of Dispositlon ®Crematlon ^ Donation ^ Burial ^ RemovalfromState i 216. pate d Disposition (Month, day, year) 21c. Plata d Dkpositlan (Name d cemalery, crematory a odner place) 2ttl. Loetbn (City / fawn, state, zip cods) WasCrematlonaDorudonAWhorizcd ^ aher-Specify: ~ byMedlelExamirrr/coroner? Yee^Na July 1, 2011 Evans Cremator y Schaefferstown, PA 17088 ~ 22a. Signature F Service Licensee (a person actlrg as such) 22b. License Number 72c. Nenre axl Address d FadNty - - FS 012 849 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070 Complete Items 2 caMpng . Tc the beat d my Imavledge, de91h occurced at the tlme, date ant place stated. (SlgnaNre ant tltle) 23h Li N phy9ldan h rot avail t tlme d death to . cense umber 23c. Dare Signed (Month, deY Yearl -_ cerBly cause d death. ttems 24.26 must be completed by person rots Pronounces death 24. Time of Death 25. Data Pronounced Deed (Monts, day, year) 26. Wee Case Referred k Medal Exemirrer / Coroner for a Reason Omer than Crematlon or Donation? . A rx. 3:00 A. M. June 29, 2011 ~,Y~ ^Na CAUSE OF DEATH (Sae Instruetlona and ezamplas) , APProximate interval: Pan II: Enter oMa daiflcant condBans conmh~.krn to Item 27. Pert I: Enter the drain d events - tlkaeaas, injuries, or mmpficetlons - that drectly caused the death, DO NOT ada temrmel events each as carder anent r ~, 2B. Did Tobacco Use Comribae to Death? reapiretory arrest, a venMndar fibntletlon wftlroM sMwln the a Onset b Death bur not resultlng in the underlying cause given in Pan I. ^ Yes ^ Probady g ikiogy. List anty ore cause on each Ihre. r ' ^ No ^ Unknown IMMEDIATE CAUSE Flnal disease or r dd' lti mn gn resu ng in ) ~ a. Gunshot t0 Head ; 29,ttFemale: Due to (ones a consequence Oft: ~ ^ Not pregnant within past year SequentialN Ilst contlttbm, H any, b n ^ pregnant al time of death leading to the rouse fisted an Ikre a. r Enter the UNDERLriNG CAUSE Due to (or as a consequence oQ: r (dsease a injury that initiated the r ^ Nd Pregnant but pregnant wihin 42 days events resuAing m death) LAST, c~ ~ of death Due to (or as a Consequence oft: ~ ^ Not pregnant Dal pregnant 43 days 101 year ' d~ before tleafh r 30a Was an Autopsy 30b. Ware Autopsy FlrMngs 31, Manner d paeth 32e. pate d I _ ^ Unknown H pregnant within the pest year Penortned? Available Pnor to Com tbn Mary (M~. bey' Year) 326' Deecdbe How Injury Occurred 32c. Place d In u ry Intentional Self- ry: HOme, Fertn, Sheaf Fedo, ~ ~ ^Nelurel ^Homidde dCauseofDeaM? June 29, 2011 Inflicted Gunshot -Hand un ~~'i 'g'"`(/ ^,~,n, Woods ^ Yes (~No ^ Ves ^ No ^ PeMlrg Imestlgetion 32d• Time of injury A rX , 32e. Inhuy at WoMt 32f. M Trenepatation Injury (~NI 32g. Location of Injury (Sreet dry I town, slate) p ^ Yes ~No ^ Dover I Operetar ^ Passenger ^Pedesinen Suicide ^ Cold Not be Determined 3:00 A. M. other~Spaci/y: Lowther Street Lemo rte Pa 33a. Certlfier (coach only one) 330. SlgeNre ant Tde d Ce,xs.. ~ ~Yl^9 PNYsINan (Physiden cerMying cause d deem when arather Physician hoe prorwunced death and completed Item 23) '~ ~ To the best of my knowledge, deeM oauned due ro the ease(s) and manner n sMecL _ _ _ _ _ _ _ _ _ ^ - ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 33c • Pronouncing arrd cerlNylrrg physlelen (Physiden both pronoundng death ant certlh/Ing to cause of death) Lkxmse Number r one r . To the ben a my ImoMaige, dadr ocerte0 n tl1a Nine, bete, and plea, end due b the euse(q and manner a elete4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ^ 33tl, Date Signed (Monet, day, Year) • Msdkal Exemhur/Corona On doe bash d examinedon end / a InvMlpetlon, M my opinion, death axumd M the tlme, dale, .na place, ene due to the ~ June 3 0 2 011 eauaa(s) and manner as smled_ 34 P "a" ' N . e Com fed used le ttem 27) T / Pnnt ~ot~~C° . "~° C~'ceTfio`d'e °Co~one~ ~ , 3s. Regiehare mood Dlgtnct 36. Date ( beY. re~O 6375 Basehore Rd., Suite ~kl - ~" I u~ I ~ I °'~I ~ I ~I 7~ p /~ Mechanicsbur Pa. 17050 Dleposdon Pertntt No. ~~ 1 U '` q'L' n *-- , ~ ~ .,__ G._ ~-' Fri ~ C7 r~rn ~= r- r< > <_:~.:..: ~' '~ CJ~ . U1 '~ i-~1 LAST WILL AND TESTAMENT ~oo -~. ` :-;;. ~~ ~= -;_~ OF ~; ~ MICHAEL J. FREY I, MICHAEL J. FREY, of New Cumberland Borough, Cumberland County, 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 all previous Wills and Codicils heretofore made by me. FIRST I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, m his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her, r Page 1 of 7 Pages or its sole discretion, to purchase a burial plot and to erect a suitable marker at my grave, and to expend sums from my estate for this purpose. SECOND I give, devise, and bequeath my gun safe and its contents at the time of any death to my brother, BARRY L. FREY, providing that he survives me by sixty (60) days. I give, devise, and bequeath my coin safe and its contents at the time of my death to my sister, TRACEY A. HOFFMAN, providing that she survives me by sixty (60) days. I give, devise, and bequeath my tools, including all hand tools and power tools, to my brother, RICHARD H. FREY, providing that he survives me by sixty (60) days. I give, devise, and bequeath my boats, boating equipment, and scuba equipment, that I own at the time of my death to my brother, RICHARD H. FREY, providing that he survives me by sixty (60) days. I give, devise, and bequeath any vehicles that I own at the time of my death to my girlfriend, SUSAN M. BRITT, providing that she survives me by sixty (60) days. THIRD I give, devise, and bequeath the entire rest and remainder of my estate together with all insurance proceeds thereon of whatever nature and wheresoever situate as follows: ---~ A. Thirty-Five (35%) percent to my girlfriend, SUSAN M. BRITT, providing ~, ~' that she survives me by sixty (60) days, per stirpes; B. Thirty-Five (35%) percent to my brother, RICHARD H. FREY, providing that he survives me by sixty (60) days, per stirpes; G Fifteen (15%) percent to my brother, BARRY M. FREY, providing that he survives me by sixty (60) days, per stirpes; and Page 2 of 7 Pages D. Fifteen (15%) percent to my sister, TRACEY A. HOFFMAN, providing that she survives me by sixty (60) days, per stirpes. FOURTH If, at the time of my death, any beneficiary of this my Last Will and Testament is under the age of twenty-two (22) years or is, in the judgment of my personal representative, mentally disabled, I give, devise and bequeath said beneficiary's share to my Trustee, JACQUELINE M. VERNEY, ESQUIRE, in Trust for said beneficiary, in accordance with the paragraphs below. If JACQUELINE M. VERNEY, ESQUIRE, is unwilling or unable to serve for any reason, I appoint ROBERT P. KLINE, ESQUIRE, to serve instead. FIFTH During the terms of any trust created pursuant to this Will the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains twenty-two (22) years of age, or until all such amounts are aid out of the Trust. When the beneficiar I ~ p y attains t~ the age of twenty-two (22) years or is in the judgment of my Trustee mentally sound whichever _r event occurs later, the Trust shall terminate and the remainder thereof shall be paid to said beneficiary. If said beneficiary shall die before the termination of said Trust, the Trust shall ~, terminate and the remainder thereof shall be paid in accordance with the paragraphs above. I direct that no Trustee shall be required to give or post bond for the faithful performance of the Trustee's duties in this or any other jurisdiction. Page 3 of 7 Pages SIXTH My Executor and Trustee are authorized and empowered to exercise from time to time in his, her or its sole discretion and without prior authority from any Court, in respect of any property forming part of any trust hereby created or otherwise in its possession hereunder, all powers conferred by law upon trustees or executors and I intend that such powers be construed in the broadest possible manner. SEVENTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. EIGHTH I nominate, constitute and appoint my brother, RICHARD H. FREY, Executor of this my Last Will and Testament. In the event RICHARD H. FREY is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and a oint m PP Y ~~ brother, BARRY L. FREY, to serve instead. In the event BARRY L. FREY is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my sister, TRACEY A. HOFFMAN, as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. Page 4 of 7 Pages NINTH I hereby declare it to be my expressed desire that my personal representative employ Kline Law Office of New Cumberland, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, said attorneys having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~' day of !~ I , 2011. Witness '~~~ itnes ~~~ V ICHAEL J. FREY Page 5 of 7 Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, MICHAEL J. FREY, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to the 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. :~~~~ ~~ ~ MICHAEL J. FREY Sworn or affirmed and acknowledged before me by MICHAEL J. FREY, the Testator, this j/~ day of _~~.,~° , 2011. -rte f;, ~ OTARY PUBLIC COMMONWEALTH Of PENNSYLVANIA NOTARYIL SEAL SHARON R. FEtSTER, Notary Public New Cumberiand Baa,Cumberiand Co. My Commission Expires April 15, 2015 Page 6 of 7 Pages AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS We, ~D ,y-~~'i' 7 ~ ~L / ~t and ~ - ~ ,tJ c:: ,the witnesses whose names are attached to the foregoing document, being duly qualified according to the law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~V~ ~' ~~ Sworn or affirmed and subscribed before me by L ,~/ ~ and - ~ N~ 1fC- T• L ,vim- this ~~ day of ,e ~ ~ 2011. _~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTAR4IL SEAL SHARON R. FEISTER, Notary Public New Cumberland Bora., Cumberland Co. MY Commission E~ires April 15, 2015 Page 7 of 7 Pages