HomeMy WebLinkAbout04-14-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Joseph P. Helinski
also known as
,Deceased
Andrea M. Reisser
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE `A' or '8' BELOW.)
~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
last Will of the Decedent, dated 03/19/1996 and codicil(s) dated
File Number 21-09- ~~~.~.
Social Security Number 211-01-6710
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:
B. Grant of Letters of Administration ~ c~°a - ._
4.•.,
app ica e, enter c..a.; ..n.c..a.; pe sots i e; urante a senha; uran a mmonta e
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived b the followin sou"' If an a
Y 9 p ~iC Y) l~helrs (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.) ) ~~ C ~ ~ - -
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Name Relationship Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
4723 Charles Road, Mechanicsburg, Hampden ,Cumberland, PA 17050
(List street address, town/city, township, county, state, zip code)
Decedent, then 90 years of age, died on 03/25/2009 at 4723 Charles Road, Mechanicsburg, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
All personal property
Personal property in Pennsylvania
Personal property in County
situated as follows: 4723 Charles Road, Mechanicsburg, Pennsylvania
477,000.00
$ 200,000.00
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
l~ ~/~_ Andrea M. Reisser 513 Nursery Drive South
r ~, ,r ^ ,~ Mechanicsburg, PA 17055
Form
htev. taf~-zoos
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of 2
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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me this ~ l day of
~~` 2~'
Andrea M. Reisser
Signature of Personal Representative --=- xjr. ;:., ° ,
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slgnarure or rersonal rcepresenrauve ,. ~ Cf~ ,;~, __ ,_
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File Number: 21-09- ~~~~ ~
Estate of Joseph P. Helinski ,Deceased
Social Sec
rity Number: 211-01-6710
U Date of Death: 03/25/2009
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AND NOW, ~ ~_ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IS DECREED that Letters Testamentary
are hereby granted to Andrea M. Reisser
in the above estate
and that the instrument(s) dated 03/19/1996
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
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Letters.......... W...L~..c.4~.... 1II -~,
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Renunciation(s) $ Attorney Signature:
~\ ~~ $ ~`~ Attorney Name: Michael L. Bangs
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~~~ $ ~ Supreme Court I.D. No.: 41263
$ Address: 429 South 18th Street
$
$ Camp Hill, PA 17011
$ Telephone: 717/730-7310
$
$
TOTAL .................................... $ ~~
Form RW-OY Rev. 10-f3-20o6 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
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This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with
the Vit,il Statistics Law of 1953, as amended.
WARNING: It is itiegal to duplicate this copy by photostat or photograph.
a ~. C~~~.e~~
Linda A. Caniglia
State Registrar
49186~.~
H105~143 REV 11;2D36
iVPE /PRINT IN
NO. COMMONWEALTH O
APR 0 3 2~J9
F ]F HEALTH ~ VITAL RECORDS
CERTIFICATE OF DEATH
(
Date
(See instructions and examp es on reverse) srATE FILE NUMBER
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1. Name of Decedent (Firs T, middle. Iesl, suffix) 2. Sex 3. S°cial Seourily Number 4. Date of DeMh (MCn1h, day, year)
Helinski Male 211 - 01 - 671 0 March 25 ?.009
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.
Jose
5. Age (Lass Birthtlayl Under 1 year Under 1 day 8. Data d Birth (Month, day, year) 7. Blrtnplace (Gary and elate or fwelgn count ) 8a. Place of Death (Check only one)
sbnlns Days Hars Manures HOSpllal: Other:
90 Yrs. October 9, 1918 .SGaOtt~a~-fir PA ^Inpatient ^ER/Oulpatlent ^DOA ^NUrsing Home Residence ^Other-Specify:
8b. County of Death 8c. Cdy Boro. Twp. of Death 8tl. FacilAy Name (p not instiTUlion, give slreel and numb¢r) 9. Was Decedent of Hispanic Origin? ~NO ^Yes 10. Race: American Indian, Black. White, etc.
Cumberland Hampden Two. (If yes, specify Cuban. (Speclyf
4723 Ck3arles Road Mextoert PDentl Rican. elD) TaYhite
Decedent's Usual Occu tron Kind of work done tludn m°s10l workin life. Do not slate refired)
11 12. Was Oecetlent ever ro the 13. Cecedent's Education (Specify only hlghesl grade completed) 14. MarKal Status. Mashed Never PAarried. 15. Surviving Spouse (1i wde. give maiden name)
.
Kind of Work KIM of Business/Industry '~.5. Annetl Forces? Elementary /Secondary (012) College (1-4 or 5+) Widowed, Divarcetl j5peci/y)
Ca tain U.S, Army ®Yes ^Nn 12 Widowed
16. DaredenYS Mailing Address (street. city i mwn, slate. zip code) Decedents Penn$ 1Vania °i a~~ a~enl
D¢cedenl LmM in Hampden Twp.
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4723 Charles Road .
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AcTaal Resitlen°e ,7a sa
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Decedent Lived within
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Mechanicsbur PA 17050 ,
.
17b-Coon" Cl]mberlaru~ Aalhal Lim"a°' city. BOr°
18. Father's Name (First, midN¢. lest, sW1ix) 19. Mothers Name (FIrsT, mldde, maltlan sumeme)
Constance Stahoviak
Julius B, Helinski
20a, Informant's Name (Type 1 PnM) 200. InFarmanfs Mailing Address (Street, city I sown, stale, zip code)
Mechanicsburg, PA 17055
513 Nursery t)rive South
Andrea M Reisser ,
21 a. Method of Disposition ^ Cremation ^ Oonatlon 21b. Dale of Disposition (Month. day, year) 21c. Place of Disposition (Name of cemetery, cremaTary or other place) 210. Location (City I town. stale, zip cotlel
® Burial ^ Removal o-pm slate ~ was cremmiDn pr DDnedon Aaltlod:ed March 7
2009 ~°ate of Heaven Cemetery ^rechanicsT7urq, PA
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^ Omes .Specify: { by Metllgal 6amimr I CoronezT ^Yes ^ No
we Licensee ( son acting az such) 22b. license Number 22c. Name aM Atldr¢ss d FacilRy ~ A~~r et P aza Way
~ 22a. Signatur
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PA 17055
zzi FLu'teral Tune r'!echanicsburq
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Complete rns 23a~c only when certi ' 23a. To the best dl my ledge, deem occured at the 'me, date and places d. (Signature and tide) 2 License Number 23c. Dale Signed (Month, day, yeas)
phy6kian is not available at irme W Ih 1p ~ a 3 s Bb6 ~
cerdry cause m deem.
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l 24. Tine d Death 25. D Prpnourcetl Deatl (MOMh. day, Year) 26. Was Case Referred to Medical Examiner /Coroner for a Reason Omer than Cre lion or Donatio ?
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Items 2M26 must be comp
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wM prorwarMea death. . MI.
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CAUSE OF DEATH (See inatrucbona end examples) r Approximate intenal: Pan II: Enter other 'face 1 ntlilim c b 1 t Oe m, 28. Did Tobacco Use Contribute To Deam?
Item 27. Pan L Enter the chain of events - dlseasas, injuries, ar compliWtions -Thal directly caused Ina death. DO fJOT enter Terminal events such as cardiac arrest, Onset to Death but awl resulting in me undetlying cause given In Pan I. ^ Vas ^ Probably
respiratory arrest, or venVkular fibnllelron wOllWl sdowkrg The etiology. List only one reuse an each line. ^ No ^ Unknown
IMMEDIATE CAUSE final disease or I
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cgNitiwl resulting in ~ealh) 29. II female:
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^ Pregnant al time of death
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Enter the UNDFALYING CAUSE a m
(disease or inlury Thal initiated The ^ Not preonanl, buT pregnant wiThin 42 days
of death
p
¢venls resulting in death) LA L
^ Npl pregnant, but pregnant 43 days to I year
Du o (or as a rA nCe Q~S
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^ UnWgwn+f psegnaM within tfie past year
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30a, Was an Autopsy 30b. Were Autopsy Findings 31. M r of Deem 32a. Oale o"r Injury IM°nlh. day. year) 32b. Describe How Injury Occurred 32c. Place of Inlury. Hama, Farm, SlreeT. Factory.
Office Builtling, aIC (Specity)
P¢dormetl? Available Prior to Complelron 1~1 ~tu2l ^ Haniside
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of Cause d Death? I
s
^ Accident [~ Pending Investigatlon
320. Tkne of Injury
32e. Injury al Wofx7
32T. If Transpartabon Inryry (Specity)
32g. Locaton or Injury (slreel, city / mwn, state)
^ Ves ~NO ^ Ves ^ No ^Yes ^ No ^ Driver; Dperalor ^ Passenger []Pedasldan
^ Suicide ^ Could Nol DQ Delerminetl M. ^Other ~ $p¢city:
33a. Cerifler (check only one) 33b. Sig r
• Ceditying physician (Physician cenifying cause of death when another physician has pmneulwed death and completed Item 23)
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• Pronouncing and certifying physlglan (Physician both pronouncing des?h and cenityirg to cause o
To Ne best of my knowledge. death occurred et the tilts, date, and plxe, and due to the Cause(s) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ^ .
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On the baeis of examination and I or investigation, in my opinion, death occurred ai the time, dale, and place, and due t° tM cause(s) and manner as stated_ ^ 34. Name ntl Address u( Per N Dlated Ca h tl; T ~ Print
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LAST WILL AND TESTAMENT n
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JOSEPH PETER HELINSKI ~ _- ~ ~ ~ ~ - ~ ~ '
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I, JOSEPH PETER HELINSKI, Social Security Number 211`=01-671- off'-~=
the State of Pennsylvania, declare that this is my LAST WILL AND
TESTAMENT and I revoke all other wills and codicils previously made by
me.
f~ n~ rPa iM , e`~S.s ~r
' ~ FIRST : I appoint my daughter, S ~~F- as my An rfr~a ~
° Personal Representative concerning this Will. If my daughter, nrtnriRF~F~~Pe`S3~i
~ Her is unable or fails to serve, I then appoint my
.~ daughter, A ~I-. ~to serve as my Personal Representative.
~~ en ~2~IcPS t A-~.L~r-]'
' a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges which T have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representative may pay such taxes at any time deemed
advisable, whether or not then due and payable.
d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to pay or
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters.
~ PAGE 1
- "~~~1-~~ ~i ctic-~~c~ OF 6 PAGES ~ ~~ ~'_ ~~
%j' `
e. I have served in the Armed Forces of the United States.
Therefore, I direct my Personal Representative to consult with a Legal
Assistance Attorney at the nearest military installation and with the
Department of Veterans Affairs and the Social Security Administration
to ascertain if there are any benefits to which my family members are
entitled by virtue of my military service.
f. I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my Wife, IRENE
MARGARET HELINSKI, as her sole and absolute property if she shall
survive me.
THIRD: In the event that my Wife, IRENE MARGARET HELINSKI shall
not survive me, I hereby make the following specific bequests:
a. To my daughter, MAUREEN FRANCES HALLETT, I give the sum
of Twenty-Five Thousand Dollars ($25,000.00).
b. To my daughter, BARBARA JOETTE PHILPOTT, I give the sum
of Twenty-Five Thousand Dollars ($25,000.00).
c. To my daughter, ANDREA M. REISSER, I give the sum of
Twenty-Five Thousand Dollars ($25,000.00).
FOURTH: In the event that my Wife, IRENE MARGARET HELINSKI shall
not survive me, I give, devise and bequeath, absolutely and forever,
all of the rest, residue and remainder of my estate and property of
which I may be seized or possessed, or to which I may be entitled, at
the time of my death, wherever situated or of whatever nature, be it
real, personal, or mixed, to my children, MAUREEN FRANCES HALLETT,
BARBARA JOETTE PHILPOTT, ANDREA M. REISSER and DAVID A. HELINSKI and to
any child or children that have been or may be born to or adopted by
me, in shares of substantially equal value to be divided as they may
agree.
a. If any of my children shall not survive me, then I give
the share of that deceased child to my surviving children in shares of
substantially equal value to be divided as they may agree.
-~
PAGE 2
i ~ % --~c'~~'~-~~ti -~~ OF 6 PAGES ~'r~t ~~
b. If none of my children survive me, then I give, devise,
and bequeath, absolutely and forever, all of my estate and property of
which I may be seized or possessed, or to which I may be entitled, at
the time of my death, wherever situated or of whatever nature{ be it
real, personal, or mixed, to the descendants of my child or children,
who are to take per stirpes and not per capita, in shares of
substantially equal value to be divided as they may agree. In order to
receive a share of my estate under this paragraph, a descendant of any
child of mine must survive me.
c. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
FIFTH: If there is a complete failure of takers under the
preceding paragraphs, the property undisposed of shall be distributed
as follows:
a. A one half share shall be distributed to my heirs
determined at the time of my death, pursuant to the Statutes of Descent
and Distribution in effect, in the state of my domicile, at the time of
my death.
b. A one half share shall be distributed to the heirs of
my Wife, IRENE MARGARET HELINSKI, the identity of such heirs to be
determined at the time of my death, pursuant to the Statutes of Descent
and Distribution in effect, in the state of my domicile, at the time of
my death.
SIXTH: If any beneficiary to any share of my estate which is not
subject to the provisions of any trust which may be created by this
will is at the time of distribution of his or her share, a minor under
the laws of his or her domicile, I direct that the minor's share be
converted into qualifying property and delivered to the minor's
Guardian as Custodian for the minor under the Uniform Gifts to Minors
Act or the Uniform Transfers to Minors Act as may then be in effect in
either the state in which the beneficiary or the Custodian resides, or
any other state of competent jurisdiction.
PAGE 3
" !~ '~ -~.c2.C-E~f~ OF 6 PAGES Gam' L~CJ //
__~~~~
a. The Uniform Gifts to Minors Act or The Uniform Transfers
to Minors Act, as may then be in effect in the state concerned, is
hereby incorporated by reference. The property affected by the Act
shall be managed, held, and distributed in accordance with the
provisions of the Act.
b. The financial custodian will serve without bond or surety
and without intervention of any court, except as required by law.
c. The receipt by the Custodian, for the minor, of any
principal or income transferred pursuant to this paragraph shall be a
full acquittance and discharge of my Personal Representative or
Trustee, as applicable, from liability with respect to such transfer
and from further accountability for the principal or income so
transferred.
SEVENTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
EIGHTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
NINTH: Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this Will shall
not include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
~ ~~ ,f~'~ PAGE 4
~ ,Q.~C~~~.G~Fi~~ ~, OF 6 PAGES _~;~/~ ~ ~~
d. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
TENTH: In addition to any powers granted by the laws of the state
in which this Will is probated, I hereby authorize and empower the
fiduciaries named in this Will, to the extent of the discretion herein
granted, to sell, exchange, convey, transfer, assign, mortgage, pledge,
lease or rent the whole or any part of my real or personal estate, to
invest, reinvest, or retain investments of my estate, to perform all
acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries
elect to receive compensation for services, such compensation will be
that allowed by law.
ELEVENTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this
day of ~/ ~~~~~ , 19 (~~~ , set my hand and seal to
this my LAST WILL AND TESTAMENT, consisting of 6 typewritten pages,
each page bearing my handwritten signature.
This document was prepared under the authority of 10 U.S.C.
section 1044, and implementing military regulations and instructions,
by Robert P. Formichelli, who is licensed to practice law in the State
of New York. '
~_ _
/~~~~ ~.~~~i,eE~ ~c~~ ~ ( SEAL )
' JO PH PETER HELINSKI
_a
i PAGE 5 -__~-~f-~//~
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~- ~ \~~ i1~~ OF 6 PAGES
The foregoing instrument was, at Carlisle Barracks, Pennsylvania,
~~~
this ~ ~ `~ day of ~~ l 19~!1c,_, signed, sealed, published
and declared by JOSEPH PETER HELINSKI, the testator, to be his LAST
WILL AND TESTAMENT in the presence of all of us at one time, and at the
same time we, at his request and in his presence and in the presence of
each other, have hereunto subscribed our names as attesting witnesses,
and we do so verily believe that the said testator is of sound and
disposing mind and memory at the date hereof.
~-~/~ ~ -
Soc.Sec.No.
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Soc.Sec.No.
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Soc.Sec./,No. ~j~
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( PAGE 6
OF 6 PAGES ~ _ (~ ~,LK.~~
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COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
ACKNOWLEDGMENT
I, JOSEPH PETER HELINSKI, 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; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therei expressed.
H PETER HELINSKI
IDAVIT
(SEAL)
We i
/ /~`i~ ~ / F~~ir~irfic~~ i ES ~~ ~ ~=~~ ~' C
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and
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~,i;,~.,~~ ~ . +~~ ~ , the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we wer e present and saw the testator sign and execute the
instrument as his Last Will; that the testator signed willingly and
executed it as his free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the testato r signed the will as a witness; and that to the best of our
knowledge t he testator was at that time 18 or more years of age, of
so 'nd a d under no constraint or undue influence.
Witnes Witness Witness
Subscribed, sworn to and acknowledged before me by JOSEPH PETER
HELINSKI, the testator, and subscribed and sworn to before me by
~~
~~Z~,,~t~ ~ k ~ ~~ ~ ~ ,
r~~~ I~~~ ~ 19 (~
L 5 ~ 2 t~c~}`' 6C
the witnesses, this
G'
and
~~~~ day of
1'L ~ ~
ARY PUBLIC i My Commission --------'-'-
Kim C. Guyer, Notary Public
Carlisle eoro, Cumberland Coun
My Commission Expires Nov. 10,1 7 I
A z ~::ner, Pennrytdania Galion of Nota:'