HomeMy WebLinkAboutOC1971-0755 - ESTATE OF FRAMANCHECKIN THE ORPHANS'COURT OF
WASHINGTON COUNTY,PENNA.
NO.~5'S of 1971
IN RE:
Estate of Frank L.Framanchec
Deceased.
PRAECIPE FOR APPEARANCE,
PETITION UNDER SECTION 756,
CONSENTS,DECREE NISI,AND
~DECREE OF CONFIRMATION
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WRAY G.ZELT III
ATTORNEY AT LAW
23 EAST BEAU STREET
WASHINGTON,PA.15301
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
Estate of Frank L.Framancheck,
Deceased.
of 1971
PRAECIPE FOR APPEARANCE
Enter my appearance for Virginia L.Framancheck,
petitioner in the above captioned
elt III
for Petitioner
PETITION UNDER SECTION 756 OF THE
FIDUCIARIES ACT OF 1949 TO DETERMINE
TITLE TO DECEDENT'S INTEREST IN LAND
1.Virginia L.Framancheck,the petitioner herein,
is an adult individual and resides at 2164 Rankintown Road,
Finleyville,Washington County,Pennsylvania.
2.On March 29,1970,Frank L.Framancheck,deceased,
herein called Iidecedentli,died intestate domiciled at 2135
Rankintown Road,Finleyville,Washington County,Pennsylvania.
3.No letters of administration have been granted
within the Commonwealth on the estate of the decedent.
4.The decedent died owning the entire and sole
interest in a certain lot or parcel of real estate situate
in Union Township,Washington County,Pennsylvania,more fully
described as follows:
BEGINNING at a point in the center of a
Public Road leading from the Village of Rankin-
town to Route 88,said point being located South
2°27'30"West,(302.42)feet from an original
iron pin corner of the Martin Rankin Plan of
Lots and corner of lands formerly owned by
Appolonia Stilley Rankin,said point also in
center of Airport Road,a Townshj,;p Road;thence
from said point of beginning thus located,along
the northern boundary line of lands now or .
formerly of Ralph A.Verno,North 82°56'10"
East,(153.09)feet to a point at the southwest
corner of lands of Simon Campbell,the Grantee
herein;thence along the lands of the Grantor
herein;North 7°03'50"West,(78.90)feet to
a point in the boundary line of other lands of the
Grantors herein;thence along the line of lands
of the Grantors herein,South 82°56'10"West,
(139.86)feet more or less to a point in the
aforementioned public road;thence along a line
in said road,South 2°27'30"West,(80)
feet more or less to a point the place of beginning.
This conveyance is made under and subject to
any exceptions and reservations,right of way
agreements,etc.,contained in prior deeds in the
chain of title.
5.The petitioner claims an interest in this real
estate by reason of being one of the three issue,all presently
living,of the decedent,who died a widower.
6.The following parties are interested in the estate
as heirs under the intestate la,:"s of Pennsylvania:
(a)Virginia L.Framancheck,2164 Rankintown
Road,Finleyville,Pennsylvania--daughter--
1/3;
(b)Patricia A.Lusk,2135 Rankintown Road,
Finleyville,Pennsylvania--daughter--l/3;
(c)Lois I.Bongiorno,3110 Broad~awn Avenue,
Erie,Pennsylvania--daughter--l/3.
7.All parties in interest in the proceedings are
sui juris;there are not any known creditors of the decedent by
rea$Qn of funeral and burial expenses,medical expenses attending
his last illness,or other general creditors by reason of unpaid
claims of the decedent prior to his death;and there does not
appear to be any necessity for the appointment of a fiduciary
for interests not.,...:represented.
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8.All parties in interest in this proceeding as
heirs have consented to and join in the prayer of this petition
and said written consents of the said parties including their
husbands,are attached hereto as Exhibits A and B respectively.
9.The petitioner requests the Court,pursuant to
Section 756 of the Fiduciaries Act of April 18 1 1949,P.L.512 1
20 P.S"l Section 320 T 756,to determine the present title to the
interest of the decedent in the real estate described in this
petition,and in this respect l believes and therefore avers
that title .should properly be awarded to and vested in the
three (3)children of Frank L.Framancheck l a widower,to-wit,
Virginia L.Framancheck,Patricia A.Lusk l and Lois I.Bongiorno,
daughters of Frank L.Framancheck.
And she will ever pray.\\.~.:.:fAM.-...;,.0.9.Peti 'oner
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
,1971.
Before me,the undersigned authority,personally
appeared Virginia L.Framancheck,who,being duly sworn according
to law,deposes and says that the facts set forth in the
f9regoing Petition are true and correct,to the best of her
knowledge,informat~on and belief.
Sworn to and subscribed before me
this ,t~y of QJjJ~..,
r&,dt~tJJ !!Jt;{.JNoaryPublic
JUDITH w.DEER
W hington Co.Notary Public,Washington,as 28 1~
.'Ion Expires January •M)I Commlss
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
Estate of Frank L.Framancheck,)NO.of 1971
)--------
Deceased.)
CONSENT TO PETITION AND TITLE
I,Lois I.Bongiorno,of 3110 Broadlawn Avenue,Erie,
Pennsylvania,as the daughter of Frank L.Framancheck,Deceased,
and heir of the Estate of Frank L.Framancheck,Deceased,hereby
consent to the filing by Virginia L.Framancheckof the petition
for the determination of title to the real estate described in
said petition and consents to and joins in the prayer of said
petition,that title to the subject real estate be awarded to~nd vested in the three (3)children of Frank L.Framancheck,
'deceased,,to-wit,Lois I.Bongiorno,Virginia L.Framancheck,
Lnd Patricia A.Lusk,in equal and undivided one-third interests
bach.
of
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PE~NSYLVANIA
IN RE:)
)
Estate of Frank L.Framancheck,)NO.of 1971)---------
Deceased.)
DECREE NISI DETERMINING TITLE
TO DECEDENT'S INTEREST IN LAND
1.It is hereby decreed nisi that titleto the interest!
of Frank L.Framancheck,Deceased,in that certain lot or parcel
of real estate situate in Union Township,Washington County,
Pennsylvania,owned solely and outright by the said decedent at
the time of his death,as is more fully described hereinafter
is hereby vested in and held solely,outright,and entirely
by Virginia L.Framancheck,Patricia A.Lusk,and Lois I.
Bongiorno,daughters,and the issue of Frank L.Framancheck,
who died a widower,the aforesaid named individuals to have an
equal and undivided one~third interest each in the subject real
estate,more fully described as follows:
That certain lot or parcel of real estate
situate in Union Township,Washington County,
Pennsylvania,
BEGINNING at a point in the center of a
Public Road leading from the Village of Rankin-
town to Route 88,said point being located South
2~27'30"West,(302.42)feet from an original
iron pin corner of the Martin Rankin Plan of
Lots and corner of lands formerly owned by
Appolonia Stilley Rankin,said point also in
center of Airport Road,a Township Road;thence
from said point of beginning thus located,along
the northern boundary line of lands now or
formerly of Ralph A.Verno,North 82°56'10"
East,(153.09)feet to a point at the southwest
corner of lands of Simon Campbell,the Grantee
herein;thence along the lands of the Grantor
herein;North 7°03'50"West,(78.90)feet to
a point in the boundary line of other lands of the
Grantors herein;thence along the line of lands
of the Grantors herein,South 82°56'10"West,
(139.86)feet more or less to a point in the
aforementioned public road;thence along a line
in said road,South 2°27'30 11 West,(80)
feet more or less to a point the place of beginning.
2.The petitioner is directed to give notice of this
·'
Decree to all persons in interest,whether as creditors or
distribute~s of the decedent's estate by registered mail directed
to those for whom a last address is known and who have not joined
in qr consented to the attached petition.The petitioner is
also directed to give notice of the entry of this Decree by
publication once each week for thre~successive calendar weeks
in one newspaper of general circulation published in the county
and in the legal periodical of this county.A period of twenty-
one (21)days must elapse between the date of the first publication
and the date set for confirmation of this Decree,to-wit,
Tuesd~y,October 26,1971,at 10:00 a.m.in the Court 'Room of
the Orphans'Court of Washington County,Pennsylvania.
3.At the time set for confirmation,to-wit,Tuesday,
October 26,1971,at 10:00 a.m.,any and all interested persons
may appear and be heard regarding this Decree Nisi.
4.The petitioner is directed to file proof of notice
in the office of the Clerk of the Orphans'Court.
B
.'
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
.'
IN RE:)
)
Estate of Frank L.Framancheck,)NO.of 1971)--------
DeCeased.)
DECREE OF CONFIRMATION OF DETERMINATION
OF TITLE TO DECEDENT'S INTEREST IN LAND
1.No exceptions having
Nisi entered in this proceeding on
the Decree Nisi
to the Decree
2.The interest of Frank L.Framancheck in the subject
real estate is declared free of all debts of the decedent which
are not liened of record as of this date.
IN THE COURT OF COlVlIViON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DI VISION
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Yes,I am,Your Honor.In the estate of
lVlr.Zelt,are you ready with your proceedin g?
Tuesday,October 26,1971,at 10:00 o'clock
A.M.,.EDST.
WRAY G.ZELT,Ill,ESQ.,of Washington,
Pa.,repres enting the Petitioner.
THE HONORABLE P.VINCENT IV1A RINO,
Judge of the said Court.
)
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\',1 1\S::I;:JDH-!iN~~P7:,f?5 of 1971
FHAIV.LANCHECK,)
)
)
)
Frank L.Framancheck,deceased,at Number 755 of 1971,in the
PROCEEDING'ON PETITION TO DETERMINE TITLE TO DECEDENT'S-
INTEREST IN LAND
MR.ZELT:
TIME:
FRANK L.
ESTATE OF
IN RE:
:!:Deceased.z~.I>-UIZZIIIn.
ioI-ClZ~BEFORE:~
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!:!0:I-~APPEARANCES:
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Orphans'Court,this is the time set by the Court for Confirmation
of a Decree Nisi putting titl-e,ttoLreal estate of the decedent into the
names or ownership of certain persons,to wit:the three--children.
Approximately three months ago the Court signed an Order awardirg
the property of the decedent to the children and directing the noticE s
be sent by register.ed mail.
THE COURT:
Zelt?
lVlR.ZELT:
Was there advertiEiing to be made in this,M:t.
And also to be put in a publication once a weE k
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\\1 for three successive calendar weeks.And this we have done.Altho~gh
I npte that the Petitioner whom I represent was directed to file Propf
of Notice in the Office of the Clerk of the Orphans I Court arid 1 havE
~z~not done that.
oJ>-til~THE COURT:
IIIn.
i 'e·MR.ZELT:
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~IT'BE eouRT:<~
Do you ha ve Proof of Notice?
I have it.Should I present these to the Court \>
That may be done at this time.Very well.
It appearing to the Court that proper notification has been given in
accordance with the Court's Interlocutory Order of July 22,1971,
we will at this time confirm the determination of title to decedent's
interest in this real estate.First we will inquire,is there anyone
in Court at this time interested in this matter in the estate of
Frank L.Framancheck,deceased,at Number 755 of 1971,the
proceeding being one to determ ire the title to decedent's interest i
land.
(NO RESPONSE)
THE COURT:
.the formal decree.
There being no response,we will execute
(Proceedings Closed).
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I hereby certify that the proceedings and I~vidence are t;ontained fully and
Th~foregoing record of the proceedings upon the bearing of the ahov
accurately in the notes taken by me on the hearing of the above cause.and
sz«•~that thlS copy is a correct h>anscrlpt of the same.
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5cause is hereby approved and directed to be filed.
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NOTICE
H:LBE:Est!.lt!L91 .Jrr!.lI!k ;r,.•.FrlJ,man-check,Deceased
No.755 of 1971
,~t;,Petition has,been presented byVirginiaL.Framancheck,daughter ofFrankL.Framancheck,deceased;underSection756oftheFlduciarlllS=-Act ?f1949to'determine'tItle to the s~Lld
d'ecedent's interest ,.in the followmgdescribedrealestate:
,That certain lot or parce(,of reai
estate situate in Union To,,:nship,
Washington County,Pennsylvama;.'
BEGINNING at~a point in'the center
of a Public Road leading from t)leViUageofRankintowntoRoute88,saidpointbeinglocate,d South 2°2~'.30"West,(302.42)feet from aI,l Ol'1gmal
iron pin corner of,the Martm Rankm
Plan of Lots and corner of landsformerlyowned,by Appolonia Stilley
Rankin,said point also in center ofAirportRoad,a Township ~oa?;thencefromsaidpointof,begmmng thus-located,along the northern boundarylineoflandsnoworformerly,of RalphA.,Verno.North 82°56'10"East,(15309)feet to a point at the southwest
corner of lands of Simon Campbell.theGranteeherein'thence along the lands
of the Grantor'herein;North 7°03'50"West.(78.90)feet to a point in theboundaryline'of other lands of the
Grantors herein;thence along the lmeoflandsoftheGrantorshereinSouth
82'56'10"West (139.86)feet ,more orlesstoapointintheaforemeI,ltlOnedpuhl'c road;thence ,along Ime m said
road South 2'27'30"West,(80)feet
more or less to a point the place of
beginning.
A Decree Nisi has been signed by the
Court wherein the Court found thattitletotheaforesaidrealestatewas
vested in and owned by Virginia L.
Framancheck,Patricia A.Lusk,and
Lois I.Bongiorno,an undivided one-
third interest.I
The confirmation of the aforesaid f
Decree Nisi is set for Tues,day"October '1\
26,1971,at 10:00 a.m.in the Court
Room.of the Orphans'Court of Wash-I
ington County,Pennsylva"ia.at which
time any and ali interested persons may
appear and be heard regarding the
aforesaid,DecreeNisi,
Wray G.Zeit .IIIAttorneyforPetitioner 6)48-3
Washington,Pennsylvania
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the official legal periodical for said Washington County,published weekly
hav,ing its place of business at W'ashington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March Sl,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,P.L.1784 Sec.S,paragraphs (S)and (25).
COUNTY OF WASHINGTON}88.
STATE OF PENNSYLVANIA
.........................J.u.l.~t 29·7 .lS.:]..l..····..··..·..··.··.
...........................AU9US.t 5..,...1.2.,.l9.1.L .
that the affiant or the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the
:~g~~~S of this affidavit as to the f e,B ce and Charac~~$.?'~L/
tor~
Sworn to and subscribed before
.......12th..day Of AtQ.'j-,19..1..1....~.~~
JOSE?HINE T.SCIAMANNA
Notary Public,Washingtcn,Washington Co.
My Commission Expires July 1,1974