HomeMy WebLinkAbout03-12-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND — COUNTY, PENNSYLVANIA
Petitioner(s)named below, who is/are 18 years of age or older, apply(ies)for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information 11
Name: BARBARA M. DeFRANK File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 12/10/2014 Age at death: 91
Decedent was domiciled at death in Cumberland -- County, Pennsylvania — (State)with his/her last
principal residence at 1-LON195dorf - 17015-.---- Carlisle Pennsylvania
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1 Lonasdorf Way- 17015 Carlisle — Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania................................All personal property $ 15,000.00
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value of real estate in Pennsylvania.................. ....................................... $
TOTAL ESTIMATED VALUE.... $ 15.000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County
M A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 9/201.20-02--and Codicil(s)
thereto dated
---ThLmAS----
State relevant circumstances(e.g.renunciation,death of executor,etc.) <75
i a party to a peodih"
Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorc s
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did-njoilaveta chil"m of
and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
El NO EXCEPTIONS El EXCEPTIONS
0 B. Petition for Grant of Letters of Administration(If applicable) -------- Pl
c,t.a.,db,n.,d.b.n.aro.,pendente lite,durattle-dbsentia,dr
If Administration,ca a. or d.bxx.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
LJ NO EXCEPTIONS Ll EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
Form RW-02 rev.1011112011 Page I of 2
Oath of Personal Representative Oficial Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
300 Redwood Street
Barbara Ann Zimmerman Harrisburg ..___ .
.._-------_—-_--- PA -17109
The Petitioner(s)above-named-Wear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and tliat;asersonal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
..��; A, a V � " `
Sworn tQ r�f-fitined and subscr;bed before IJCtJ u-Nr�- _ �� Date 3
me this 11� day of Date
sa- Date
For the Register Date
BOND Required: ❑ YES NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
rV
Letters... .. .... ..... ...... .. . $ (oo Attorney Signature: n c
( � )Short Certificates(s) . . . . .. _, c •(:> M( 1 )Renunciation(s) .. . .... .. . � n
( )Codicil(s) .. .. .. . .... .. .
( )Affidavit(s)...... .. .. . . .
H T
J
Bond Printed Name: James urner Es ulr =:z rr-) x
. . ..... .... .. . . . . . . .. .. . — -- ae
Commission .... .. Supreme Court
,A, 22928 r7 �= `�l -Ti
Other V j 1 1 �,,r ID Number:
..... . . . . . Firm Name: Turner and O'Connell M
Address: 4701 North Front Street 60
=47
. .. . . . . .. Harrisburg PA 17110
•• • • • • • •• -- -- Phone: 7172324551
•• • • • • --- Fax: 7172322115
Automation Fee .. .. ...... .. . . .. . Email: jht@turnerandoconnell.com
JCS Fee ... . .. .... .. ...... . . . . . �r�
TOTAL. ... .. .......... .. . .. .$
DECREE OF THE REGISTER (cc
Estate of BARBARA M. DeFRANK _— File No: �) —(7"0
a/k/a:
AND NOW, -D- ,c 0 , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters _rn —
are hereby granted to _ _ _ —!-):-�m _
in the above estate and(if applicable)that
the instrument(s)dated _—
described in the Petition be a�d to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Register of Wills
Form RW-02 rev.10/!1/2011
Page 2 of 2
H105.905 MV.(08/14)
r '
REC0RDED" Uf- -IGE CE
RECIST[-€P, Vi La-
LAST WILL AND TESTAMENTt"! ��
OF MpR 12
BARBARA M. DeFRANK CLE},-, OF
I, BARBARA M. DeFRANK, a resident of South Fork orough, Cambria County,
Pennsylvania, hereby declare this to be my Last Will and revoke any Wills and Codicils
previously made by me.
ITEM I: I give and bequeath to my husband, JAMES DeFRANK, all of my tangible
personal property owned by me at the time of my death. If my husband, JAMES DeFRANK,
fails to survive me, and except for any items otherwise bequeathed by me in this Will, I give and
bequeath the tangible personal property as follows:
1. I may leave a written and signed memoranda disposing of my tangible personal
property. I request that my Executor, and the beneficiaries of this Will abide by any
memorandum. If no such written memorandum is found or identified by my Executor within
ninety (90) days following my Executor's qualification, it shall be conclusively presumed that no
memorandum exists and any subsequently discovered memoranda shall be ineffective. If the
memoranda names a beneficiary who is not living at the time of my death, then the tangible
personal property designated for that beneficiary shall be distributed according to the provisions
of the following paragraph.
2. If I do not leave a memoranda, or to the extent that such a memorandum does not
include all of my tangible personal property then I request that my Executor distribute my
personal property and effects to BARBARA ANN ZIMMERMAN, JAMES J. DeFRANK,
LAWRENCE M. DeFRANK and JUDE A. DeFRANK, in approximately equal shares, taking
into consideration the preferences expressed by the named beneficiaries. My Executor's
decision shall be final and binding upon the beneficiaries. If any beneficiary is a minor, then my
Executor may consult with that beneficiary's guardian or with the minor, directly, to determine
the beneficiary's preferences. My Executor may also distribute any tangible personal property
directly to the minor's guardian for the minor's use or to any person with whom the minor is
residing. Thereafter, my Executor shall not have responsibility to oversee the distribution of the
tangible personal property to the minor. If the named beneficiaries express conflicting
preferences that cannot be resolved by my Executor, my Executor shall have the absolute
discretion to sell the tangible personal property and to add the proceeds to the remainder of my
Estate. In addition, my Executor shall have the right to discard or to give to charity any tangible
personal property that is not disposed of by my memorandum or by preference of the named
beneficiaries.
3. The cost of packing and shipping any tangible personal property to any
beneficiary pursuant to this Item shall be paid as an administrative expense by my Estate.
4. For purposes of this provision, my tangible personal property shall include
household furniture, furnishings and personal effects including, but not limited to jewelry,
1
clothing, silver, books, pictures and photographs that may be owned by me at the time of my
death but shall not include cash, securities, certificates of deposit or other non-tangibles and shall
not include any motor vehicle or any tangible personal property that has been specifically
bequeathed otherwise in this Will.
ITEM II: I devise and bequeath the remainder of my Estate to my husband, JAMES
DeFRANK, if he survives me. If he fails to survive me, I bequeath the remainder of my Estate to
my children, BARBARA ANN ZIMMERMAN, JAMES J. DeFRANK, LAWRENCE M.
DeFRANK and JUDE A. DeFRANK, in equal shares. If any of my children fail to survive me,
then the share of the deceased child shall be distributed to his or her issue, per stirpes. If any of
my children fails to survive me and leaves no issue, then I devise and bequeath the share of that
deceased child to my surviving issue,per stirpes.
ITEM III: If any grandchild of mine is under the age of twenty-one (21) years at the
time when he or she is to receive any portion of my Estate pursuant to this Will, or otherwise as a
result of my death, I appoint BARBARA ANN ZIMMERMAN, or if she fails to qualify or
ceases to act, I appoint JAMES J. DeFRANK as Trustee and to hold the portion of that
grandchild who is under twenty-one (21)years of age in Trust as follows:
1. Until such time as the grandchild reaches his or her twenty-first (21S) birthday,
the Trustee shall pay to the said grandchild or shall expend for the grandchild's benefit so
much of the income and principal of the Trust as the Trustee deems advisable for the
welfare, comfortable support and education (including undergraduate and graduate
college education) of that grandchild. In making such distributions, the Trustee shall
consider other income of which the Trustee has knowledge, and the Trustee may pay
income or principal of the Trust to the Guardian of the person of the grandchild without
liability on the part of the Trustee to see to the application of such payments. The Trustee
shall add any excess Trust income to the Trust principal and shall invest it as such.
2. Upon the date when the grandchild reaches his or her twenty-first (21S)
birthday, the principal and income attributable to that grandchild's Trust shall be
transferred and delivered to the grandchild free of trust. In the event of the grandchild's
prior death, the Trustee is authorized in the Trustee's discretion, to pay part or all of the
grandchild's funeral expenses, and the remaining principal and income shall be
transferred and delivered to the grandchild's issue, per stirpes, or if she has none, shall be
divided equally among my then living grandchildren,per capita.
ITEM IV: I nominate and appoint my husband, JAMES DeFRANK, to be the Executor
of my Estate. If my said husband fails to survive me or is unable to act or continue to act as the
Executor, then I nominate and appoint JAMES J. DeFRANK and BARBARA ANN
ZIMMERMAN to be the Executor of my Estate.
ITEM V: Except as otherwise specified in this Will, I direct my named Executor to pay
all of my. legally enforceable debts, funeral expenses and costs of administering my Estate,
together with any federal, state or other death taxes payable because of my death with respect to
2
the property forming my gross estate for tax purposes,whether or not such property passes under
this Will. The said items are to be paid from the remainder of my Estate without apportionment
or the right of reimbursement from any of the beneficiaries of this Will.
ITEM VI: No Executor, Trustee or Guardian of the Estate or person of a minor or
incapacitated person named in this Will shall be required to give bond or other security for the
performance of his, her or its duties.
IN WITNESS WHEREOF, I have signed and sealed this Will consisting of three (3)
pages and acknowledgment on September 20, 2002.
(SEAL)
Barbara M. DeFrank
3
The preceding instrument, consisting of this and three (3) other typewritten pages,
identified by the signature of the Testatrix, BARBARA M. DeFRANK, was on the day and date
thereof signed, published and declared by BARBARA M. DeFRANK, the Testatrix therein
named, as and for her Last Will, in the presence of us, who at her request, in her presence, and in
the presence of each other,have subscribed our names as witnesses thereto.
residing at �cx�D� Ctl C✓C/ ��
residing at r-f-60�S4-&WA 4'rOj, ,SJmO,7,
4
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CAMBRIA
We, BARBARA M. DeFRANK, MICHAEL W. SAHLANEY and MANDY D.
UPDEGRAFF, the Testatrix and witnesses, respectively, whose names are signed to the
foregoing instrument, consisting of this and four (4) other typewritten pages, having been duly
qualified according to law, do hereby declare that the Testatrix signed and executed the
instrument as her Last Will and Testament, that she signed willingly and executed it as her free
and voluntary act for the purposes expressed therein, and that both of the witnesses, in the
presence of and hearing of the Testatrix, signed the Will as witnesses, and that to the best of the
witnesses'knowledge, the Testatrix was at the time eighteen years of age or older, of sound mind
and under no constraint or undue influences.
Testatrix r� ����
"Barbara M. DeFrank
Witness
Witness
Subscribed, sworn to and acknowledged before me by BARBARA M. DeFRANK,
Testatrix above named, and subscribed and sworn before me by MICHAEL W. SAHLANEY
and MANDY D. UPDEGRAFF, this 20`h day of September, 2002.
4
Notary Public
NOTARIAL SEAL
GLORIA WILSON,Notary Public
Johnstown,Cambria County, PA
My Commission Expires Mar.2,2003
5
U C "F
R E C GRDIED GFFICE 0
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RENUNCIATION?o!S MR 12 'M 1111
L E F` OF
"—
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REGISTER OF WILLS .0 R P H A
CUMBERLAND COUNTY,PENWSYNANIA
Estate of BARBARA M. DeFRANK Deceased
1, JAMES J. DeFRANK in my capacity/relationship as
(Print'Vanle) I
CO-EXECUTOR of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
BARBARA ANN ZIMMERMAN
February 2015
(Date) ature
Agil.") 1
224 PARK CREEK DRIVE
(Street Address)
WOODSTOCK,GA 30188
(Ory.Stam bp)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
of that he or she executed the renunciatiNor the
op tated
pur es .Yj'th*in on this �2 . — d
1
J
Deputy for Register of Wills Notary Public
My Commission Expires:ffa -ChV
1
g1011111111#111
(Signature and Seal of Notan,or other
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administeroaths. showdateofex lot
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EXPIRES
GEORGIA
March 20,2015
Forui RAI 06 rm 10.1106
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