The URL can be used to link to this page

Home My WebLink About08-10-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of CLARENCE E. FRAKER Deceased No. To: ":l.'-~5-'\\'\ Register of Wills for Cumberland County, Pennsylvania Social Security No. 178-16-6590 The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will and Testament of the above decedent, dated July 8, 2004. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his principal residence at 846 Green Spring Road, Newville, North Newton Township, Cumberland County, Pennsylvania. Decedent, then 91 years of age, died July 24, 2005, at 846 Green Spring Road, Newville, Pennsylvania. Except as follows, 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: N/ A. Decedent at death owned property with estimated values as follows: (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 ofreal estate in Pennsylvania situated as follows: $ $ 60,000.00 $ $ $ Total $ 60,000.00 WHEREFORE, Petitioners respectfully request the probate ofthe Last Will and Testament presented herewith and the grant ofletters TESTAMENTARY thereon. ,...., => ~lJ;lu4~S ~ -'7 e) ~ -,_ r--- .>1"-.1 .:n -' ~ .-"'- ~p <!?~. ....R....- Rodney i'riraker I Country View Estates Newville, Pennsylvania 17241 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) C) --1-1 " -,'" -:::n rn .;-") C-:) c':) ('J r-Y1 o .'je,", ,-l -" -n o no ~ Ir) '.:::J ~n Edward D. Fraker 14 Sycamore Drive, Mifflintown, Pennsylvania 17059 co J::"" C> <.Jl SS COUNTY OF CUMBERLAND ) The Petitioners above-named swear or affirm that the statements in the foregoing petition are true and correct to the best ofthe knowledge and belief of Petitioners and that as personal representatives of the above decedent Petitioners will well and truly administer the estate according to law. &~ ~ ~L- Edward D. Fraker, Co-Executor ~QA e*__L Rodney . raker, Co-Executor Sworn lo or affirmed and subscribed before me tbis ~~\., day of August. 2005 ._..~. ~~~ "'~ 'S,.~~, ~ ~.$~ Register , NO. "). " - <::J S - "\ \ 1.\ Estate of Clarence E. Fraker, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~':l. ~~ .., <::, ,2005, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument dated July 8, 2004, described therein be admitted to probate and filed of record as the last will of Clarence E. Fraker; and Letters Testamentary are hereby granted to Edward D. Fraker and Rodney E. Fraker. FEES Probate, Letters, Etc. ........... $ \'35 Short Certificate(s) .~......... $ ,,<., Renunciation ....................... $ S "",~ $ \ S 'b.'~.:"{~ _":S~$ ~~~s. '\:5: TOTAL $" %\, .'\:,oo;:, Filed............~.~. .~.'i;>..~ Sl.,$............................ . Shultz, Esquire Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17103 (717) 249-5373 F IUser FolderlFirm Docs\Estal:es\3862-1 pelJetters. wpd C) (f". u.J ~-_ (,2. U-- .- \...1..-i C.J co U.J C) 0: CJ co l.ll = LI"> o ..3 f-- r'. - L~_ C-' 0- C) ',/ ,'r'" CLI"._- c3~'i= c..:." o. o C." :=> """ ...., C;;::;;l = <'-' UNIFORM RENUNCIATION Register of Wills of Cumberland County, Pennsylvania RENUNCIATION Estate of Clarence E. Fraker, Deceased No. "'). \ - <:J S - ~ \ '-\ The undersigned, Wade D. Fraker, son ofthe above Decedent, hereby renounces the right to administer the estate and respectfully requests the Letters be issued to Edward D. Fraker and Rodney E. Fraker. WITNESS his hand this 2. ~~day Of~, 2005. 'd:f~L 1128 Green Spring Road, Newville, PA 17241 Sworn to or affirmed and subscribed before me this 2 q -/1) day oJ 111'1 ' 2005. Notarial Seal Dolly M. Housel, NoIaJy Public South M_ Twp., CunberIand County My Commission Expires Sept 24, 2006 rvtembP~ n'-,nn<>\,l""'C;" ''-:'r'~irlti(,,:, ()f ~~1tarles Notary Pub ic My Commission Expires: l.,L F:\User Folder\Finn Docs\EstatesI3862-1renun.wade_l.wpd lJ") c:> (_:; (,' CD U C. " C),,' C~ (:,- L:.,ll';j c: CI: ' C' C,) Ui rC ...::r ~.~ c.: LL C.).~ C> :::",:"::,- r..:::: :~__ LU- d~,~ " U._ o.~ C5 (_:J: ::::; -:: "" C'::::> ~ '"05805 REV'''' ':).. \ - ~ S - '\ \ ~ This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 '8.'._ ~. ~bL~Q.. ~1t' ' Local Registrar -- ~850880 No. JUL 2 6 2005 Date ......, n = = ::rJ -;0 <en \ q ~::-n :n- c-, ~J = C) :tQ v, :0 ",:"rn C::I (/);~ C) 'T1 0 -- -) Cl ,---', ""~ -0 -, -" --n :J:J ::0 .I::"" C"J --I rT1 0 ",.F) C) <J1 -n H1Cl5.143Rev.21S7 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HeALTH. VITAL RECORDS CERTIFICATE OF DEATH "''''''''' . PERMANENT BLACKlNK c ~ ~ . ., NAMEOFDECEDE~(Flrol.MidlI&.llIIll ,. . AGE (L_BIrt/ldsy) OP.TEOF0'CJ\1HIMonlh.Day,Vell') .... 91 YIll ~)D CE _ "'mene.m Incun, 1lIed<. IM1I1e, ~ . ,....,) 1o.whi te SlJRlIlVIfilGSPOUSE "'......It<e_n._1 . couNl'YOF OEIoTH ~\ eJ.'l. Newton KIND OF BUSlNESSIINOl.l$1'RY 6 Green S rin oeCEDENT EVER IN u.s. ARMED FORCES? YesD NoGi;l " 17a.StIIte ... ". i7e. 0 Y".'*-"I_1o '0.". ~ '"'""" =? 17d:.O ~"="H=of MOTHER'S NAME (First, MaIII, Mlllden~) 1.. M tIe . 1:~8tl~-ryE~~-wOly'Ens:t:~~~wvi lIe FA 17241 t>T ,.T9"";:9R 11b.Cc,-""r'nmh Cilylborll PlACEOFDlSPQSrnO"l-N......dCenleler)l,C....-y 0",",""" nterville Luth. Cem fN::IL ~ ~~~~ t.lL\., C,<.. .. :~llle .......... iontfll'nd~ O\hersignffcorllcondUlonl<lMlrlbutingtodBall\,but Ml..-..It\AQifI~\lI\dIll\yifl\l~~InP"'RT\ "" . .. :U. PART I: _..._.""",,"..~.__..._.Do""'_""_oI4~_"_"''''''''-''__Of__''' LIoI___onOldl_ ~'r''">; ... . J E ~ c~ ~ '- -'!! '-.l DATEQI'INJURY _00f.~"" TIME Ol' INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. lllAf\fER Of ou,TH 'B- o o ,....' ,-.. o o v.. 0 NOD 3lIa. all. hI.3OC. DPl.ACCOf"NJURY-A1_.r.m,I~~.oflIce -.,....(lIfIodfy1 ,.. '-' Y"DNa~ v....O NoD Sui<o\OIl ZII. ZItI. CERTIFIER {Checl<....y 0IIlI) ~~~~~;:R:"e.=~~~~~.~..~~~.~,~~... -'- CcUdnolbeoelerm_ ". SIGN!( .....0 ~'b. LICENSE N.\1..MBER\ DATE SIGNED (M~ ~1IY. V.I") .h...B31C. ~O~~Ll.(IG 31d. J\.:I .,I."J...~ NA"'EANDA~ESS OF PEIlSON 'M-IO COMPLETEOCAUSE OF DEATH """lr~~ Q. (2,N"\~'-"-'~ ". "" 0" ~.:,<:> v.."t.'"""-T e,.. '" 6l<::> ,",().j;)" DATE FILED(Manlh,lloly,Year) " z . c . u . c " o . . < z ',,=,~a:r~~':'~~r'~~:'~d~:':~~~~':~"-""" -MEDlCAlEXAMlNEM:ORONER Oll....~of......-.nd/Or'"-lljlMlon.ln....,oplnloll,___a1....tl-.dal...ndplK...ndcllMlIIl_/:I..B(.I.nd ...-......-.... 31.. FdlGISTJtA~'lIIGNA1'UREANDNUfII~ _ ~ " LlU...a ~. ,,~~ "" ~1\6JlloI LAST WILL AND TESTAMENT OF CLARENCEE.FRAKER I, CLARENCE E. FRAKER, of 846 Green Spring Road, Newville, North Newton Township, 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, 1 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, in 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! do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. 2 I direct that the rest, residue and remainder of my estate, together with all insurance proceeds thereon of whatever nature and wheresoever situate be sold and that the proceeds therefrom be divided equally among my children, WADE D. FRAKER, of 1128 Green Spring Road, Newville, " 1..,-" "(-, ,J ",~-;:~J >id3 -0 Page 1 ofglb : ti :1 d () I 5rW SGill ~ " , 1 :iO '381jj6 030B083d LAST WILL AND TESTAMENT OF CLARENCE E. FRAKER Cumberland County, Pennsylvania, RODNEY E. FRAKER, of 30 Forbes Road, Newburg, Cumberland County, Pennsylvania, and EDWARD D. FRAKER, of 14 Sycamore Drive, Mifflintown, Juniata County, Pennsylvania, providing that they survive me by sixty (60) days, per stirpes. 3 I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my personal representative the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and Page 2 of 6 LAST WILL AND TESTAMENT OF CLARENCE E. FRAKER conditions as my personal representative shall see fit in his, her, or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate, which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which she deems necessary or proper to carry out the purposes ofthis, my Last Will and Testament. 4 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 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. Page 3 of 6 LAST WILL AND TESTAMENT OF CLARENCE E. FRAKER 5 I nominate, constitute and appoint my sons, WADE D. FRAKER, RODNEY E. FRAKER, and EDWARD D. FRAKER, or the survivor of them, as Executors 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. 6 I hereby declare it to be my express desire that my personal representative employ the law firm of Hanft & Knight, P .C., of Carlisle, Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate ofthis instrument, the administration of my estate, and the execution of the powers herein mentioned. Any mention of Hanft & Knight, P.C. in this my Last Will and Testament, is my free and voluntary act and through no influence by any person. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this 8"'" day of ;W"'1 ' 2004. WITNESS: )~~ 4)itk i~rtf~ Page 4 of 6 LAST WILL AND TEST AMENT OF CLARENCE E. FRAKER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND SS. I, Clarence E. Fraker, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to 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. L~e~- Clarence E. Fraker Sworn or affirmed and acknowledged before me by Clarence E. Fraker, the Testator, this 8~ day of ::fL-tfy ,2004. NoIariaI Seal Dolly M. Housel. NolaIy Public South MiddIeIllI1 Tv.p.. Cu:nberland ColI1Iy My Commission ExpiIBS Sept. 24. 2006 Member, Pemsvtvania Association Of NoIaries Page 5 of 6 LAST WILL AND TESTAMENT OF CLARENCE E. FRAKER AFFIDAVIT COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND WE, M,e.tMt't :r. H.~ andl1a.d ~. fV't'ce.,.... ,the I witnesses whose names are attached to the foregoing document, being duly qualified according to SS. law, do depose and say that we were present and saw Clarence E. Fraker 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. ~/yt. (~ filMY i"\. r I' ,'C' e- Sworn or affirmed and subscribed before me by M, e.~ ::J.. /+A-,J F.,.- this ~ day of ~U Iy ,2004. LQUt111{ ~nlJ and NolaJial Seal Dolly M. Housel, Nolary Public SouIh MidcIelOO Twp., ClOl1berIand ColI1ly My Cu,. ,...... , Expires Sepl24, 2006 Member. Pennsylvania AssocIation Of Notaries F\User FolderlFirm DocsIWills\2144_lccfwill2.wpd Page 6 of 6