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Home My WebLink About10-05-06 IN RE: The Estate of Herman L. Fraker, Deceased : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Orphans' Court Division : No. 21-0(" -o~8:3 PRTITTON FOR THE ~RTTT ,RMRNT OF A ~M A T J, R~T A TR TN AC.C.OROA NC.R WITH 10 PAC. ~ A ~RC.TTON ~ 101 C) ::=0 :::1) q r--) <= <= 0' o C-) --1 I 01 TO THE HONORABLE, TIlE JUDGES OF THE SAID COURT, -r__ -0 The Petition of Helen K. Baker respectfully represents: w W \.0 1. That she resides at 18 Center Street, Mt. Holly Springs, Cumberland County, Pennsylvania, and is the daughter of the decedent, Herman L. Fraker 2. That the decedent, Herman L. Fraker, died on December 21,2005 and, at the time of his death, was a resident at Chapel Pointe at Carlisle, 770 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. That the decedent died testate and under Sixth item of his Last Will and Testament, the Petitioner, Helen K. Baker, was appointed the personal representative. 4. That the said Herman L. Fraker left surviving him the following persons entitled to share in his estate: A. Betty M. Thomas - daughter B. Alma L. Nickel- daughter C. Evelyn I. Heller - daughter D. Helen K. Baker- daughter E. Carolyn J. Kitner - daughter F. Dale L. Fraker - son :-:0 CTl C") ~i5 '-J rT-J .: c:J C) ~ll -11 ("")- rn -; C) , None of the children mentioned herein have received or retained property by way of payment of wages, salary or vacation benefits as set forth in 20 Pa. C.S.A. Sec. 31Ol. 5. That no person is entitled to the Family Exemption. 6. That the gross value of the personal estate of the decedent does not exceed $25,000.00. 7. That the property of the decedent and the values of the several items thereof are as follows: A. Possible lump sum death benefit from Railroad Retirement Board of$937.70. 8. That the names of all unpaid claimants of whom the Petitioner has notice or knowledge are: A. Lien of Department of Public Welfare in the amount of$364,363.76. 9. That the Estate Recovery Program for the Department of Public Welfare is satisfied that the Department's claim will not be recovered. A copy of DPW letter is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 10. That a schedule of assets and deductions for inheritance tax purposes will be filed with the Register of Wills; inheritance tax assessed in the amount of$ -0-. 11. That the Petitioner and her brother and sisters have been given written notice of the intention to file this Petition and hereby consent to waive the requirement of the twenty (20) days prior written notice of the intention to file such Petition. Copies of each Waiver and Consent are attached hereto and incorporated herein by reference. WHEREFORE, Petitioner prays that the Court direct distribution of the property of the said Herman L. Fraker in the following manner: That the Petitioner be authorized to collect and receive all assets due the estate and that the unpaid claimant set forth in paragraph 8 of the within Petition be paid to the extent of the amount available for payment as stated by law; that the Petitioner be authorized to sign any and all tax returns, including but not limited to an inheritance tax return and to do any and all other duties required of a personal representative in the Administration of an Estate, including but not limited to executing any and all documents required by the Railroad Retirement Board for the payment of the possible lump sum death benefit of$937.70. f>~K J3~ Helen K. Baker, Petitioner t?~ Y!~...~"#~ Anthony L. uca, Esquire T 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 Telephone (717)258-6844 AttomeyI.D. No. 18067 ~. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DNlSION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG. PA 17105-8486 September 5, 2006 ANTHONY DELUCA ATTORNEY AT LAW 113 FRONT STREET POBOX 358 BOILING SPRINGS PA 17007 Re: HERMAN FRAKER SSN: 203-10-6626 bear Att6rneylJeluca: Pursuant to your letter dated August 31, 2006, the Department of Public Welfare (DPW) , Estate Recovery Program, has reviewed the information you provided regarding the above-referenced estate. It has been determined that there is a claim against the above estate. However, if no probate ass~ts exist or all assets were used toward funeral expenses or administrative costs, we are satisfied that the Department's claim will not be recovered. If you have any questions, please feel free to contact me. Sincerely, ~9-P.wc.G~ Carole A. Procope Recovery Section Manager (717) 772-6604 EXHIBIT "A" W A TVRR A NO c;ONSRNT The undersigned party, having an interest in the Estate of Herman L. Fraker, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: D"f10," ~~ ><;1. .../~ Betty M. as W A TVRR A NT) r.ON~RNT The undersigned party, having an interest in the Estate of Herman L. Fraker, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the . averments set forth in said Petition and Decree, as said averments apP!~re the undersigned party. Date: Q-:t1-6L, ~R~ Alma L. Nickel WATVRR ANnCONSRNT The undersigned party, having an interest in the Estate of Herman L. Fraker, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: '1- ~ /--f)Ip c=~ /' Evelyn I. I ,9. It-M - -- W A TVER A NO C.ONSENT The undersigned party, having an interest in the Estate of Herman L. Fraker, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: a,~0 ~0 :;lLK ,(j~, Itlen K. Baker I W A TVRR A NO (;ON~RNT I I I I I The undersigndI party, having an interest in the Estate of Herman L. Fraker, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small fstate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: 9/ t 5 !~ qD tb ~~~ arolyn J. .tn --- --1- W ATVF,R A NO rON~FNT The undersigneh party, having an interest in the Estate of Herman L. Fraker, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: 7- /1- 0 ,6' /ldY.~/1v Dale L. Fraker