HomeMy WebLinkAbout03-04-10
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of James L. Bariski ~'~ I _ , ~ _ ~ /'1
File Number _ oL
also known as
,Deceased Social Security Number 171-38-7521
Janice T. Bariski
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix named in the
last Will of the Decedent dated September 13, 1996 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, death oJ'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: NO EXCEPTIONS
B. Grant of Letters of Administration
(If applicable, enter; c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spb~i se (if any) ar>eirs: (If
Administration, c.t.a. ord. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ~-.~.. ,
.;t ;x ~1 i 1's
Name Relationshi Resid~l] ~ ~'"' ";'~, ; u`~'
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ "`~ W ;-: ~--
Decedent was domiciled at death in Cumberland W ~ '"~ ^~
County, Pennsylvania with his /her last principal residence at ~ ~,~._.t
675 Laurel Drive Boilin S rin s Monroe Townshi Cumberland Coun Penns Ivania 17007
(List street address, town/city, township, county, state, zip code)
Decedent, then 60 years of age, died on December 20, 2007 at 675 Laurel Drive, Boiling Springs, Cumberland County,
Pennsylvania 17007
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 2,000.UO
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
Total
situated as follows:
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:
Si nature T ed or rinted name and residence
- ,~
-' ~ Janice T. Bariski, 57 Longwood Drive, Mechanicsburg, PA 17050
Form RW-Ol rev. 10. I3.Oh
Page 1 of 2
Oath of Personal Re resentative
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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 the day of
~~.~ ~~ ~ a
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For the Register
~tgnature of Personal Representative
Signature of Personal Representative
File Number:. ~l - 1 ~ ' ®~ :~
Estate of James L. Bariski ,Deceased
Social Security Number: 171-38-7521 Date of Death: December 20, 2007
AND NOW, ~C~-~'Ch ~ , c~ C~ / C7 , in consideration of the fore oin Petiti
g g on, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Janice T. Bariski
and that the instrument(s) dated September l3, 1996 in the above estate
described in the Petition be admitted to probate and filed of recor as the last Will (an Codicil(s)) o e~ edent.
FEES
-'~
Letters ........ , . $ 20.00 Register f Will
2 $4
Short Certificate(s) ..~`~.... , . $ 8.00 ~,
'
Attorney Signature:
Renunciation(s) .......... $
Automation Fee $ 5.00 Attorney Name: David M. Watts, Jr., Esquire
JCS Fee $ 23.50 42232
Supreme Court I.D. No.:
... $
. $ Address: McNees Wallace & Nurick LLC
' ' ' $ 100 Pine Street, PO Box 1166
... $
$ Harrisburg, PA 17108-1166
$ Telephone: 717-237-5344
... $
TOTAL .............. $ 56.50
Form RW-O2 rev. 10.13.06
Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
.WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
Certification Number
105.113 REV 11/20011
TYPE / PRINT' IN
PERMANENT
BLACK INK
1. Nrne d DecedarN (FnaL middle last su
5. Age (Las
60
eb. coumy,
YrlJP.9... ~. ¢:~.
Mace
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t~~~a~.~H of pfy~~__
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This is to certify that the information here given i~
correctly copied from an original Certificate of Deatl-
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vita]
Records Office for permanent filing.
,~
Local Registrar
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~'
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
%~ys y ~~ ~[• 2. ~ 3. Soda) SedMty Nu~er 4. Date d Death (Ik
`r"~~' m 171 - 38 - 7521 /,~ -~
ear Under 1 B. Dak d &rm (Harm, de , 7. ( and stele e
Days Nara eases ) 9a. Place d Death (Check oNy one)
Ym. /11/1947 Ft. Dix NJ
I Dean, Bp. sty, Borg, rwp. d Dam ed. Fadny Name (n nd helMunon ~ ^ I'~°"~"l ^ ER / oulperlertt ^ DoA ^ Nursirp Nome l
give meet end aariber) 9. Was oecedent d lilaparric Orlgln7 ~No ^ Ya
xland nroe 675 Laurel Drive (n'rea' ~'
e !laud Kind d work der mole d Ifs. Do not edte 12. Was Decedent ever bthe /3. Decedents Educatlar ' Puerto Rican, etc.)
Kind d YVark IOra U.S. Amtdd rrorces7 (~dy 01~ ~'~ W~ ~~~) 11. Medld Stalin: Married, Never Married, 15.
Self >]~loyed inancia~anner ^ ~ ~ Elementary / (a,2) Cdlsgs (,. a 5+) wklowed. Dh~oraed (sp«~
18. DecedeM'e Maifrtp Aaaraa (sbe~, ay /town, ataM, xlP pod.) Decedenre 6 Married J
675 Laurel Dr Add Reeklerbe na sink PA oro oe~derrt
ra
0
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N
m, daY~ Marl
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)E ~ 2 20Q7
Date Issued
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10. Race: American Mrdlerr, Black, yVhlb, etc,
(~M
White
spares (n wife, give maiden name)
the Ina 17p, ®Yee, Decederd Uved In MOnr10e
Boiling Springs, PA 17007 ,7b.caDnly ~berlarld r°""'~P' ,7d.pNp,DecedertlLNedwltlrN, rwp.
18. Femora Name (FkaL endue, IeeL wlPot) Acted UrNb d Cny / Bao
AleXander Bar1S~Cl 1g. Motlra':Name (FkaL mida., maiden wmane).
20a. lydonrrnt'e Name (Type / prkd) Esther E. SCtmnhl
Jan i ra Tr~a.,., ~e.,,a a., .,.: _, __ 20b. Idomrent'a MaNFrp Addrae (street, dty /Gown, stale, zIp code)
2,aMamaddDbPositla, ® Lau 1 Dr. Boilin S rlri s PA 1
^ Burial ^ Daratlon 21b. Date d Dkpoenbn (Motet, day, yak 21c. Place d Dkrpositlon (Name d comet
^ Removal horn State Wa Crenretlon a D Authatred ary, asrnatory a a8rx pkce) 21d. Lorxlbn (Cly /town, etak, ap coda)
^ °g1ef"~°""'` byredlalEa.arrr/cerarren ®Ya^No 12/21/2007 Evans Cranation Services
z2a. 3lgrrhra d F,aw, Up~pae (~ ~„ ~,) 22b. Licxm. Niwnber Leola , PA
~'~! CY__ j° 22p. Noma and Aadreea a Fadnry
A i. ~ t -_
~~ ura/ ~l:ic:• Carlisle rA 17013
23b. Uoerree Number
~ 23c. Dak Signed (Month, day, year)
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.Z/.3y~ 7L /z :ZO -~7
28. Was Case Refe radar ta.Med~el ExarMner / Caorrer for a Benson Other than Cremetfon ar Dorbtlon7
-
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^ Yea rL
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Pan ll: Enter other
but rbl ros<dtlllg m the undedykrg cause given in Part L 28. Did Tobacco lhte CanUlbuk ro Deam7
^ Yes ^ Probelfly
ND ^ lHtlatovm
/>"5//aG'~2'~~i1t:)'<0 ~t/ 2s. n Femre:
^ Not pregnant wlmin past year
^ Pregnant et lime d death
^ Not pregnard, but pregnant wtlhln 42 days
d deem
^ NDt P~Dara, but pregrraN 43 days ro 1 year
hefare deem
^ Unkrbam n Pr•gnda wiWn the Pest yev
32c. Plera d ltanre Fern, Steel, Fedory,
OIAce ~ sic. (~psdlj~)
~ ~ ND ^ Yes ~ No ^ Pending Irrvsellgetlon 32d Time d INury 32e. INey at Wak7 321. n T
^ Suicide ^ Could Na be Dekmrined tl0° 1n~ !SP•dY/ 32g. Lacenon d INury Istro~, dA' / fawn, stele)
^ Yea ^ No ^ Driver /Operate ^ p ^p~ryyn
C01n~° Ib~ ~~ onh' ~bD --•-•~•y TO Ule beq v ~ ~ V J J L Ld11/.Lj j nroLr~ers r~uner<
phyddan b not avatldle el IirM d dam b ~krgwNdge oaurtod M the tlme, dale and pace elated. (Slgnakss acrd tltle)
artlly pease d deem.
Ilema 2428 moat be mmgekd by Person ~ I / 25. Dak Prabtetced Dead (Mash, deY, tart
~b Prenorarca seem. /•2 -.2.0 -.200'7
M.
CAUSE OR DEATH (See I sbewYions and examples)
nenr 27. Pen I: Eller tlrs >bfh>u.fYeD3 _ . « _ ~ ~y caund ~ deem. DO NOT order temrinel events such as cardiac arrest, ' ~0a10pte ktkrval;
bry ~. a ventrladsr tlbrlkllpn wttlraA alroarirg the etiology. Llet ardy one cause an each fee. r Onset ro Deem
~`~'"`' --sa e./~~1795ThT/G ~/DSacya3~GV>•+rt ~
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Duero (e a a oortaequerw:e of). r
SoqusrttlaMy Ibt condlnorq, n any, r
kadr~ ro it ease feted an Yes a, b' r
Enter me UNDERLYING CAUgE Due to (a as a axtsaqusrtos pfJ; r
r
^~ fir) ST~ c. r
Duero (e e8 a axasequerrce of): i
d. '
Sze. D~ a l
~` P '11A0P'l' ~• ~Prbr ktlon 91. Hearer d Death Nary (Momh, day, year) 32b. Deacdbe Now INay Occurred
d Caua a t%dt9 (K~ rJaaxd ^ liorrwcide
^ Y ^ AodrkM
33e. CsAlfler (drdt any are) M. Omx ~h:
' Ta (Phy~an aart((yirq came d dim wlwn another canipkted nom 23) ~. s~ and Titled ~/~g, ~,,, yy,~
my broaladge, dam oavned due k ere prY~n nee PrDraaraed deem era ~/~ J f'
Prattounekrp end artnYkW Dh ( bom awNa) and manor a staNd_ _ _ _ _ _ _ ri/7
To the bat d PmDDretdng dam and ) _ - _ _ _ _ _ _ _ _
• Nedad ExanrkMr / Corater ~ dam occurred et the tlme, dab, end plea, xW dw b aapsa(a menrw a ataDed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33c. Nanbw ~ 33d. Dak Signed (Abram, day, Yaer)
On the bale d aserdnatlon and / or ~ ~C9 a' v1 3 ' ~aZ - . Z D ° ~G4:~
Invatlgatlan, M my opbbn, dam occurred st the tlme, dale, and place, and due to the ause(e) and manner a skted_ ^
LLo ~ 34. Name and Address d Pe Who Competed Ca ee d Dee_mr~ 27) I Pdm
~ - Dak FXed (Mourn, my, yar) /3.2/M%?1/C~ .J • ~D v71, i~t~
I~ I 1 I~ I I_ I d I C _ nn ~,M /3 r~ ~-vTZ"r"~ ~ ~
DiePaBltron patine No.
F
LAST WILL AND TESTAMENT OF
JAMES L. BARISKI
I, James L. Bariski, of Monroe Township, Cumberland County,
Pennsylvania, declare this to be my Last Will and Testament and
revoke all Wills and Codicils previously made by me.
ITEM I: I direct that all my legally enforceable debts and
funeral expenses, including all expenses of my last illness,
shall be paid from my residuary estate as soon as practicable
after my decease as a part of the expense of the administration
of my estate.
ITEM II: I bequeath any automobiles or motor vehicles I may
own at my death, my personal effects, such household goods if any
as may be my individual property and not the property of my wife
or owned jointly by me with her, and other tangible personal
property of like nature (not including cash or securities),
together with any existing insurance thereon, to my wif ~
Janice T. Bariski g ~ --
providin she survives me by thirty ~" da °
i -~~~~.
Should my said wife predecease me or die on or before tI~V~? ~? ~
thirtieth day following my death, I bequeath such tangilaT~~~'
.~-
personal property and insurance thereon to such of my ~~~;~'`~' -~
stepdaughters as are living on the thirty-first day after=my G?
death, to be divided between them with due regard for their c~
personal preferences in as nearly equal shares as practical. I
direct that any of the foregoing articles not selected by such
stepdaughters shall be sold at public or private sale by my
personal representative(s), and I further direct that the net
proceeds thereof shall be administered and distributed as a part
of the residue of my estate.
ITEM III: In the event my mother, Esther E. Bariski, shall
survive me and so long as she desires to use the hereinafter
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described property as a home and pays all costs of maintenance
thereof, including ordinary repairs and utilities, I authorize
and direct my personal representative(s) to retain and to hold my
real property consisting of two (2) certain lots of ground
situate in the Village of Boiling Springs, South Middleton
Township, Cumberland County, Pennsylvania, and being improved
with a dwelling house known and numbered as 205 High Street,
Boiling Springs, Pennsylvania, for such purpose. I direct that
my said mother shall not be required to give bond as life tenant
and shall not be required to keep such property insured except to
protect her interests therein and the contents thereof. I
further direct that all taxes, assessments and insurance to
protect the interest of my estate in such property shall be paid
out of my residuary estate. Upon the death of my said mother or
at such prior time as she no longer uses such property as a home,
whichever shall first occur, I direct that such property shall be
administered and distributed as a part of the residue of my
estate.
ITEM IV: I devise and bequeath the residue of my estate of
every nature and wherever situate to my said wife, providing she
survives me by thirty (30) days.
ITEM V: Should my said wife predecease me or die on or
before the thirtieth day following my death, I devise and
bequeath the residue of my estate of every nature and wherever
situate in equal shares to my stepdaughters, provided that the
share of either of them who predeceases me or dies on or before
the thirtieth day following my death shall be distributed to her
issue, per stirpes, living on the thirty-first day following my
death, and in default of any such then living issue, such share
shall be added to the share for my other stepdaughter.
ITEM VI: I appoint Hershey Trust Company, of Hershey,
Pennsylvania, guardian of any property which passes, either under
~~
this Will or otherwise, to a minor and with respect to which I am
authorized to appoint a guardian and have not otherwise
specifically done so, provided that this appointment of a
guardian shall not supersede the right of any fiduciary in its
discretion to distribute a share where possible to the minor or
to another for the minor's benefit. Such guardian shall have the
power to use principal, as well as income, from time to time for
the minor's support, health and medical care, and education
(including college education), or to make payment for these
purposes, without further obligation or responsibility to see to
the proper expenditure thereof, directly to the minor or to the
minor's parent or to any person taking care of the minor.
ITEM VII: If upon the happening of some event during the
administration of my estate, my personal representative(s) shall
hold some portion of my estate which is not effectively disposed
of under the foregoing diapositive provisions, then one-half of
such portion shall be distributed to my then living heirs, as
then ascertained under the Intestate laws of Pennsylvania then in
effect as though I had died at such time a resident of
Pennsylvania owning such property, and the remaining one-half of
such portion shall be distributed to the then living heirs of my
said wife, as then ascertained under the Intestate laws of
Pennsylvania then in effect, as though my said wife had died at
such time a resident of Pennsylvania owning such property.
ITEM VIII: All Federal, State and other death taxes payable
because of my death, with respect to the property forming my
gross estate for tax purposes, whether passing under this Will or
otherwise, including any interest or penalty imposed in
connection with such taxes, shall be considered a part of the
expense of the administration of my estate and shall be paid out
of the principal of my residuary estate without apportionment or
right of reimbursement.
~~~
ITEM IX: I appoint my said wife Executrix of this my last
Will. Should my said wife fail to qualify or cease to act as
Executrix, I appoint my stepdaughter, Kristin Townsend, Executrix
of this my last Will. Should my said stepdaughter fail to
qualify or cease to act as Executrix, I appoint my other
stepdaughter, Megan Townsend, Executrix of this my last Will.
Should my said other stepdaughter fail to qualify or cease to act
as Executrix, I appoint Hershey Trust Company, of Hershey,
Pennsylvania, Executor of this my last Will.
ITEM X: I direct that all fiduciaries acting under this
Will, whether or not named herein, shall not be required to give
bond for the faithful performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal,
this /3''~ day of September, 1996.
"' ~ [SEAL)
The preceding instrument, consisting of this and three (3)
other typewritten pages, each identified by the signature of the
Testator, was on the date thereof, signed, published and declared
by James L. Bariski, the Testator therein named, as and for his
last Will, in the presence of us, who, at his request, in his
presence and in the presence of each other, have subscribed our
names as witnesses hereto.
COMMONWEALTH OF PENNSYLVANIA
• ss
COUNTY OF CUMBERLAND •
We, James L. Bariski, John B. Fowler, III, and Mary M.
Price, 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 that he
has signed willingly, and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testator,
signed the Will as witness and that to the best of his/her
knowledge the Testator was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknowledged before me by James L.
Bariski, the Testator, and subscribed and sworn to before me
by John B. FowleY•, III, and Mary M. Price, the witnesses,
this ~ ~~'~"` day of September, 1996 .
f ,/
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Notary Public
NOTARtAI SEAL
MICFtAEI R. RUNDLE, NOTARY PUBLIC
BORO OF CARL.tSLE, CUMBERUINO COt~N1V
MY COMMISSI0IV EXPIRES DECEMBER 20, 1998
Witness