HomeMy WebLinkAbout08-08-05
PETITION FOR PROBATE and GRANT OF LETTERS
"l\-~S .'1~"3
Estate of Joseoh Lesniak
a/so known as
No.
To:
Register of Wills for the
, Deceased County of Cumberland in the
Social Security No. 184-20-2295 Conunonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your pelilioner(s), who is/are 18 years of age or older and the execut rix named
in the lasl will of the above decedent, dated October 3. 2003
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with
h is last family or principal residence at 1700 Market Street Camo Hill Cumberland County
PA
(list street. number and municipality)
Decedent, then 82 years of age, died 612912005
at Harrisbura Hosoital. Dauohin County PA
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probale; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
None
$
$
$
$
488805.00
WHEREFORE, petitioner(s) respectfully request(s) the probate ofthe last will and codicil(s)
presented herewi and the grant of lelters
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
1819 Salem Road
Readina
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA } ss
COUNTY OF Cumberland
The pelitioner(s) above-named swearCs) or affirm(s) thaI the statements in the foregoing petition are
true and correct to the best of the knowledge and belief ofpelitio r(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and trul in' ter the estate accord' law.
Sworn to or affirme~d subscribed
before me lltis ~ day of
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"'" ~ . \(~ Register
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No.
Estate of Joseoh Lesniak
':I..... -<::Is, -~"'~
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~~""\ ~ I ~<::\~ S , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
lT IS DECREED that the instrurnent(s) dated 10/3/2003
described therein be admitted to probate and filed of record as the last will of
",,!.."'l~ \...<<'5>\<;)'tl.'K
and Letters ''''S'\I:>.''''''''~~~,\
are hereby granted to
Dolores Stuebner
FEES
Probate, Letters, Etc.. . . . . . . . $
Short Certificates (15 )...... $
R_b lin--=--. ~~\\.. . . . . . . . $
Auto/JCP $
TOTAL _ $
Filed. . ~.-~-~.~ . . . . . . . . . .
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Register of Wills - - - ~
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Marielle F. Hazen
410.00 68003
60.00 ATTORNEY (Sup. Ct.!.D. Nu.)
,s.. 2000 Linglestown Road, Suite 202
15.00 Harrisbura PA 17110
~ ADDRESS
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. 717-540-4332
PHONE
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HIOS.905MS REV.(OII03) "), \ - ""'5 . '\ ~
This is to certify that this is a true copy of the record which is on ftle in the Pennsylvania Division of Viral Records III accordance
with Act 66, P.L. 304, apptoved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Charles Hardester
State Registrar
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JIlL 2'1 2005
Date
CORRECTED ITEM(S):17b
PER:FD DATE:7-27-2005 krs
Hl05.1A3 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
062795
"'.......,
ON
PERMANENT
8LACKlNK
STA~F1l.ENJ"'8EFt
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AGEiLalElintlllay)
SEX
2.Ma1e
SOCIAl SECURITY NUMBER
.. 184 - 20 2295
DATE OF DEATH (Month,Oay.Yellf)
'- June 29. 2005
s. 82 Yrs
COUNTY OF DEATH
BIRTttPl...'lCE(CIIyand
StMeorForeIgnCOI.I'lIry) Ill..
1.Shamokin, PA. :-0
FACIUTY NAME (lfnotlnstiMlon, ~ atreetancl number)
R_D ~,D
RACE _ American Indian. 8111Ck, Wlile. at
(Specify)
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~. Dauphin k. Harrisburg Harrisburg Hospital
DECEDENT'S USUAL OCCUPATION KINO OF BUSINESS I INDUSTRY :os DECEDENT EVER IN DECEDENT'S EDUCATION MARITAL STATUS - Mamed.
( 01__ _ U.S. ARMED FORCES? N~~~edl:l.~~~.)'"
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11&. Truck Driver 11b.Coal Mining 12.ve. No 13.12 (tl-12) 14.. Divorced
DECE NT'SMAlLlNGAODRE { CityfTown. Il\8.ZipCode) ~G~NT'S 17.. Slate Pennsylvania Did 1710. D Ves.decedenlllvedln
1700 Market Street tS:I~. ~ dIcedInI
11. Camp Hill, PA. 17011 on olher Iid*) 17b.CoI.nlYCumberland townst'Op? 17d.1!l :t.nllCtu8lIl=~
FATHER'S NAME (Art!. MkldIe.lMll MOTHER'S rv.ME (First, Mlo:ldIe, MlIlden SUma:ne)
11. Harry Lesniak 11. Catherine Cholikski
INFORMANTS NAME (Type/Prlnl) INFORMANT'S MAILING ADDRESS (SIreel. CltyfTown. S_. Zip Code)
20L Dolores Stuebner 2Ob. 1819 Salem Rd., Reading, PA. 19610
MET OF OIS ITIOO PLACE Of DISPOSITION. Nllme ~Cemelery. er.matory LOCATION -CltylTown. S_. Zip Code
OonatlonD eoo.lIXlCremIllkln~.-nowIIfromSlateD 0 orOlherPlllC8
21&. Olherj) 21b. 21c.Transfiguration Cemeter 21d. Coal Twp., PA. 17866
SIGNATUR SEFtVlCE LICENSEE OFt PERSON ACTING AS SUCH LICENSE NUMBEFt NAME AND ADDRESS OF FACILI,; St ephen A. Ctlowka Fuoeral Horn
Ste hen A. Chowka Z2b. FD 012419-L 221;.114 N. Shamok1n St. shamok1n pA. 1/8/2
To~bestCllmyllr1awledge.d8alh0CCU'l'ed8l\he1_.dateendple""st8IItd UCENSENUMBER Do\TESIGNEO
(SignBlInendTIIle) (MonIh.o.y.Vew)
23l1. 2311. 23c.
TIME OF DEATH WAS CASE REFERRED TO A MEDICAL EXAMINER /CORONER?
24. o:e; vesD Nog
rT.PART1: _...d_,...........__.__...d_.Do__""_G1",...._.._...M&phIaIy__~or__. PARTn: Olherllgnlllc:antcol'u:lilion.conl11Mngtodealh,bu1
u.lonly__H""_..... notresUtlng InltllllJl'ldertyingCIN$IlgNen in PART I
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White
SURVIVING SPOUSE
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c:ause,EnterUNDERLYlNG
CAUSE(Oise_ CM' Irj...-y l '
ItllllinltiliMdeventl
T'HIItingonded'l) LAST d.
WAS AN AUTOf'SV VoJERE AUTOPSV FINDINGS
PERFORMED? AVAILABlE PRIOfl TO
COMPLETION OF CAUSE
OF DEATH?
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DATE OF INJURV
(M<>ne1,tIo'/,Y.-)
TIMEOFINJURV
INJURV AT WORK? DESCRIBE HOW INJURY OCCURRED
MANNER OF DEATH
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CERTIFIER (Check only one)
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.PRONOUNCING AND CERT1FYlNO PtlYSlCIAN (physK:ian bcIIh pronooneil'lg dee\tl end cermy;1lll to cause r:A death)
TotlM bnI of my knOwledge, dulh ~ ItthetIrM. dste, and pIltc;tI,and dueto thl c-<.Iand I1IlIn...... -":1IfI...
'MEDICAL EXAMlNERlCORQNER
on the bnls 01/ enmlnstlon andfor lrIYwtIgadon, In my opinion, dHth 0CC1I'ftfI It tt'le 81111, date, Ind pIao;e, Ind due to the caueQ(1) Ind
_I.ststed.
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LAST WILL AND TESTAMENT
OF
JOSEPH LESNIAK
I, JOSEPH LESNIAK, now domiciled in Cumberland County, Pennsylvania, declare
this to be my Last Will and Testament. I revoke all other wills and codicils that I may have
previously made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate
shall be paid by my Executor from the principal of my residuary estate as soon as practicable
after my death.
Article n
All inheritance, estate, and succession taxes (including interest and penalties thereon, but
not including any generation skipping tax) payable by reason of my death shall be paid out of
and be charged generally against the principal of my residuary estate without reimbursement
from any person. This provision is not a waiver of any right which my Executor has to claim
reimbursement for any such taxes which become payable as the result of any property over
which I have the power of appointment.
Article III
I give, devise and bequeath my tangible personal property in accordance with any
memorandum which I have either handwritten or signed, located with my will or with my
. ' ' '.....
valuable papers and found within 30 days of the pfOltate()fWy~:J Gifts may only be to
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persons who survive me or to organizations which exist at my death, and if there is a conflict, the
memorandum having the latest date shall govern. To the extent no such memorandum is found,
or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal
property shall be added to my residuary estate and pass under Article IV hereof.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath according to the following schedule:
A. FIVE PERCENT (5%) of my estate to CROZER CHESTER MEDICAL
CENTER, or its sueeessor(s), of Chester, Pennsylvania, to be used for the
treatment of children;
B. FIVE PERCENT (5%) of my estate to WELLS EYE HOSPITAL, or its
sueeessor(s), of Philadelphia, Pennsylvania, to be used for the treatment of
children;
C. FIVE PERCENT (5%) of my estate to UKRANIAN CATHOLIC CHURCH,
or its sueeessor(s), ofShamokin, Pennsylvania, to be used at their discretion;
D. FIVE PERCENT (5%) of my estate to ST. ANN'S BYZANTINE
CAmOLIC CHURCH, or its sueeessor(s), of Harrisburg, Pennsylvania, to be
used at their discretion;
E. TWENTY PERCENT (20%) of my estate to my brother, JOHN LESNIAK,
of Reading, Pennsylvania. In the event JOHN LESNIAK predeceases me or
fails to survive my death by thirty (30) days, I give his share of my estate to his
wife, CATHERINE LESNIAK, of Reading, Pennsylvania. In the event
CATHERINE LESNIAK predeceases me or fails to survive my death by thirty
2
(30) days, I give JOHN LESNIAK's share of my estate to his surviving
children, Per Capita;
F. TEN PERCENT (10%) of my estate to my sister, HELEN SmCORA, of
New Cumberland, Pennsylvania. In the event HELEN SmCORA predeceases
me or fails to survive my death by thirty (30) days, I give her share of my estate
as follows:
I. One-Third (113) of HELEN SmCORA's share to her son, STEPHEN
SmCORA;
2. Two-Thirds (213) of HELEN SmCORA's share to be distributed pro
rata to my other surviving beneficiaries;
G. TWENTY-ONE PERCENT (21%) of my estate to be equally divided between
the following surviving children of my deceased sister, ROSE SEACH:
1. GEORGE SEACH, of Palmerton, Pennsylvania, Per Capita;
2. MICHAEL SEACH, JR., of Cleartield, Utah, Per Capita;
3. GREGORY SEACH, of Staten Island, New York, Per Capita;
4. BEATRICE WALLACE, of Las Vegas, Nevada, Per Capita;
5. JOAN WIEGAND, of Las Vegas, Nevada, Per Capita;
6. ROSEMARIE VICINANZA, of Grinnel, Iowa, Per Capita; and
7. HARRIET GATI, of Hollidaysburg, Pennsylvania, Per Capita;
H. NINE PERCENT (9%) of my estate to my deceased brother, RUDOLPH
LESNIAK's wife, IRENE LESNIAK. In the event IRENE LESNIAK
predeceases me or fails to survive my death by thirty (30) days, I give her share
3
of my estate to RUDOLPH LESNIAK's surviving children, in equal shares,
Per Capita;
I. EIGHT PERCENT (8%) of my estate to my deceased sister, MARIE
REEDER's following children, in equal shares:
I. ALVIN REEDER, of Sharnokin, Pennsylvania, Per Capita;
2. BELL REEDER, ofSharnokin, Pennsylvania, Per Capita; and
3. ELRICA SW ANI(, ofSnydertown, Pennsylvania, Per Capita;
J. THREE PERCENT (3%) of my estate to my deceased brother, NICHOLAS
LESNIAK's daughter, LUANN SCHLEIG, of Coal Township, Pennsylvania,
Per Capita;
K. THREE PERCENT (3%) of my estate to my nephew, GEORGE SEACH's
wife, RHEA SEACH, of Palmerton, Pennsylvania, Per Capita;
L. THREE PERCENT (3%) of my estate to my nephew, GEORGE SEACH's
daughter, TANYA BREDEL, Per Capita; and
M. THREE PERCENT (3%) of my estate to my deceased nephew, JOHN
LESNIAK, JR.'s wife, MELVA LESNIAK, Per Capita.
The share of any of the above listed beneficiaries who fail to survive my death by thirty
(30) days and who are to receive their share on a per capita basis shall be distributed to my
surviving beneficiaries pro rata according to the above listed terms.
Article V
I nominate, constitute and appoint my niece, DOLORES M. STUEBNER, of Reading,
Pennsylvania, as Executrix of my Last Will and Testament. In the event of the rennnciation,
death, or inability to act, for any reason whatsoever of my Executrix, I nominate, constitute and
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appoint my brother, JOHN LESNIAK, of Reading, Pennsylvania, as successor Executor of my
Last Will and Testament. I direct that my Executrix or successor Executor be permitted to serve
without bond and in addition to those powers granted by law, I grant them power to distribute in
cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed
if living. My Executrix or successor Executor shall receive reasonable compensation for services
rendered to my estate.
Article VI
In addition to the powers conferred by law, I authorize my Executrix and successor
Executor, in hislher absolute discretion:
(a) to retain in the foOll received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all foOlls of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any
beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to deteOlline the value of
any such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by
my Executor; and to pay from my estate reasonable compensation for all their services,
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(i) to conduct alone or with others, any business in which I am engaged in, or have
an interest in at time of my death, and
G) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are perfonned.
IN WIlNESS WHEREOF, I, JOSEPH LESNIAK, hereby set my hand to this my Last
Will and Testament, on tlk 3
, 2003, at Harrisburg, Pennsylvania.
~~
JOSEP ES
In our presence, the above-named JOSEPH LESNIAK signed this and declared this to
be his Last Will and Testament and now at his request, in his presence, and in the presence of
each other, we sign as witnesses.
Address
~tJ(x)~f(Lk ~ J){Xy, ?n ii/if)
ci{l:Dd>r;lf)tl1Ul 1<r1. ~c8 j 1* /7/10
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I, JOSEPH LESNIAK, Testator, who signed the foregoing instrument, having been duly
qualified according to law, acknowledge that I signed and executed this instrument as my Will,
and that I signed it willingly as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and
Acknowledged before me by
JOSEPH LESJ'o!IAK, the Testator
on ID/3 ,2003.
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J PH SNIAK
Notarial Seal
Marielle P. Hazon. N~ Public
City of Harriabu'll. Dau n County
My Commission Ilxpu.. . 23. 2006
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testator sign and execute this
instrument as his Will; that he signed and executed it willingly as his free and voluntary act for
the purposes therein expressed; that each of us in his sight and hearing signed the Will as
witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or
more of age, of sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
sUbA9~d to before Il)tl .
by I /Y) -d!! . \.Jtn ' ./A..
and JeS5i Ij. fio/lt fl\r(
witnesses, on III I S-
f
,2003.
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Notaria1 Seal
Madelle F. Hazon, Nola!'r Public
City of Harrisburg, Dauphin County
My Commission Ilxpircs Sept. 23. 2006
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