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Home My WebLink About04-04-07 t PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number -2J - 01- 385 Estate of JOHN B. OLEKSA also known as , Deceased Social Security Number 209-20-9732 Christine M. Eshelman Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) EJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix last Will of the Decedent dated February 23,2007, and codicil(s) dated named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) 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: (if Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship ~ ! ~~}~ ~ .': -' I -. ::~j ; ;,S :c,{ -;:j Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal ~iidence at-::- 3433 Hawthorne Drive, Camp Hill, Cumberland County. Pennsvlvania 17011 .' U1 (List street address, tawn/city, tawnship, county, state, zip code) (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. ::=>0 Decedent, then 79 years of age, died on March 14, 2007 Township. Cumberland County. Pennsvlvania at West Shore Health and Rehabilitation, East Pennsboro Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (Ifnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 200,000.00 175,000.00 situated as follows: 3433 Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania 17011 Wherefore, Petitioner(s) respectfully request(s) the probl)te of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T d or rinted name and residence ~ Christine M. Eshelman, 2544 Golden Drive, East Petersburg, Pennsylvania 17520 Form RW-02 rev. 10.13.06 Page 1 of2 , .. . Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. -P~~97f-&1~- Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative File Number: ~ 1-01 - L~ as Estate of JOHN B. OLEKSA , Deceased Social Security Number: 209-20-9732 AND NOW, ~ I Z , 1).00'1 having been presented before me, IT IS DECREED that Letters are hereby granted to Christine M. Eshelman Date of Death: March 14,2007 , in consideration of the foregoing Petition, satisfactory proof Testamentary in the above estate Letters ............... $ ~ oc) .()() Short Certificate(s) . . . . . . . . $ L$),\J$ Renunciation(s) .......... $ j~9 . . . $ $;),t)$ ~~,~ ...$ S.DO ... $ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL... ........... $ and that the instrument(s) dated February 23, 2007, described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. \~~,JM.nh~fl'f~. ~ ' Register of Wills _ C"'\ \j Attorney Signature: ~ :;) <:: ~ A. ~ FEES Attorney Name: Richard C. Seneca, Esq. Supreme Court I.D. No.: 49807 Address: 564 Old York Road Etters, PA 17319 Telephone: (717) 932-0465 ..$ \..\ '?> C)." Form RW-02 rev. 10.13.06 Page 2 of2 ~ , " -. r LAST WILL AND TESTAMENT OF JOHN B. OLEKSA KNOW ALL MEN BVTHESE PRESENTS, that I, JOHN B. OLEKSA, of Lower Allen Township, Cumberland County, Commonwealth of 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 any and all Wills, Codicils and Testamentary Dispositions by me at any time heretofore made. FI RST: I direct the payment of the expenses of my last illness and funeral as soon as may be convenient after my death. SECOND: All estate, inheritance, and other death taxes, together with interest and penalties payable with respect to the same shall be paid out of my residuary estate. c.=2 A. ..)c..-) ....... One-third (1/3) to my beloved daughter, CHRISTINE M. ESrJ~LMA~: --'1 provided she survives me by thirty (30) days. c.n B. One-third (1/3) to my beloved daughter, PATRICE A. TALEFF provided she survives me by thirty (30) days. C. One-third (1/3) to my beloved son, JOHN B. OLEKSA, JR. provided he survives me by thirty (30) days. D. In the event that any beneficiary set forth in this Section Third should fail Page 1 of 5 . I .;. to survive me by thirty (30) days, that beneficiary's share shall be divided equally among the surviving children of that beneficiary. If the event that any beneficiary set forth in this Section Third should fail to survive me by thirty (30) days and shall not be survived by any children, that beneficiary's share shall be paid to the other residuary beneficiaries named in this Paragraph Third in proportion to their respective shares in the residue. FOURTH: If, under the provisions of this Will, a share of my estate shall become payable to any person who is under the age of twenty-one (21), or who by reason of illness or other incapacity is incompetent to receive any or all of the share to which he or she is entitled hereunder without the appointment of a guardian or other fiduciary or the delivery of security, I hereby appoint Wachovia Bank, Trustee for such beneficiary, to hold in trust for the benefit of such beneficiary, his or her share of my estate, and in this respect the said Trustee shall have power to use principal as well as income in such amounts and at such times that it, in its sole discretion, deems advisable for the welfare and support of such beneficiary. AND, further, the said Trustee shall have the full power and authority to retain, sell, exchange, lease, invest and reinvest any property, real or personal of said trust without the necessity of petitioning any court for permission to make such retention, sale, exchange, lease, investments or reinvestments in any manner it deems best, without being limited to such investments prescribed by the laws of Pennsylvania then in force for the investment of trust funds. AND, further, the said Trustee shall have the full power and authority to borrow money from any person or institution, including its own lending department, and to mortgage or Page 2 of 5 pledge any or all real or personal property comprising the trust, if such borrowing is necessary to prevent the sale of any or all of the real or personal property comprising the trust at a price less than the fair market value of such property. AND, further, the said Trustee shall have the full power and authority to compromise any claim or controversy, without the necessity of petitioning any court for permission to make such compromise. The aforesaid Trustee shall pay to any beneficiary when the beneficiary attains the age of twenty-one (21) or, if the beneficiary is incapacitated, when such incapacity is removed, or to his or her estate if he or she should die before such incapacity is removed or before reaching the age of twenty-one (21), all of the property or funds then in its hands which represent the said beneficiary's share of my estate. FIFTH: All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation of the beneficiaries and any of them, and shall not be subject to any execution, attachment, levy or sequestration or other claims of the creditors of said beneficiaries or any of them. SIXTH: I appoint my beloved daughter, CHRISTINE M. ESHELMAN, Executrix of this Last Will and Testament and direct that she be permitted to serve without bond and without any intervention of any court except as required by law. I authorize my Executrix to sell, encumber, mortgage, invest, distribute in kind, or retain any item or property of my estate in such manner as she shall deem proper, limited only by her own discretion. If, for any reason, my Executrix appointed under this Will should fail to serve in that capacity, I appoint my beloved daughter, PATRICE A. TALEFF, my Executrix Page 3 of 5 '. with the same powers and privileges set forth above. IN WITNESS WHEREOF, I have at Lower Allen Township, Cumberland County, Pennsylvania this ~3 day of t::;. L".u,,'Y ' 2007, set my hand and seal to this my Last Will and Testament. Signed, Sealed, Published and Declared by the above named JOHN B. OLEKSA as and for his Last Will and Testament, in the presence of us who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as ~ Residence ~~8 S ~Gt~ ~+ ~c("""i....h4.DI ~ III () Residence ~ Z-cJ C dr/v (,I,..Ct. L Co CAJ'~ .. '-..." . PPt 1733 f Page 4 of 5 . . '. " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, JOHN B. OLEKSA~' j <. c..~",... J Co .s ~__ and !:? .h<t ~ A. Senl1.C4 , the Testator and the witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament, and that he signed willingly, that he executed as his free and voluntary act for the purposes therein expressed, that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses, and that to the best of their knowledge, the Testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ;;:zi. ^-- ~G-~) Sworn to and Subscribed before me this a ~ day of. f;e\c:"v..tO.'j k~i~ Notary Public ,2007. NOWML SEAL SUSAN L SENECA Notary PublIC FNIMEW 1WP. YORK COUNtY My CommIsSIon ExpIreI Feb 25. 2010 Page 5 of 5