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HomeMy WebLinkAboutOC1968-0359 - ESTATE OF MARCIAKIN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA. IN RE: ESTATE OF ( STANLEY MARCIAK, deceased. ( No. UjoF 1968 ( PETITION FOR FAMILY EXEMPTION TO THE HONORABLE, P. V. MARINO, PRESIDENT JUDGE OF SAID COURT: The Petition of FRANCES MARCIAK respectfully represents: 1. That petitioner is the surviving widow of Stanley Marciak who died intestate on June 15, 1966, a resXlent of Centerville Borough, Washington County, Pennsylvania. 2. That decedent a.nd the petitioner were married on the 2nd day of ___ o~c~t~ob~e~r ____ __ 1965 , and the petitioner was a member of the decedent•s household at the time of his death. 3. That decedent died intestate, leaving to survive him as his only heirs at law, your petitioner, Frances Marciak, his wife, and two children, Lori Lynn Marciak, age 4 and Teri Lee Marciak, age 2. 4. That no letters of administration have been granted in the estate of the decedent. 5. That the only perso~al asset in the above estate consists of a bank checking account in the Gallatin National Bank, Brownsville, Pennsylv~nia, in the sum of $228.00, which your petitioner claims as part of her family exemption under the Fiduciaries Act of 1949. - 1 - . . ~· 6. That the only real estate in the above estate which your petitioner also claims as part of her family exemption under the Fiduciaries Act of 1949, is described as follows: ALL that certain lot or tract of land situate'in the Borough of Centerville, (formerly East Bethlehem Township), Washington County, Pennsylvania, being bounded and described as follows: BEGINNING at a point in the middle of the National Pike, about one mile West of West Brownsville; thence along line of land of Edward Horton, South 16° 00' West, a distance of 324.57 feet to a point; thence along old fence line, North 44° 71' West, a distance of 114.40 feet to a point; thence continuing along old fence line, NorthL'48° 27' West, a distance of 258.79 feet to a point; thence along fence line, North)39° 06' East, a distance of 209.35 feet to the middle of the National Pike; thence along National Pike, South 65° 46' East, a distance of 253.43 feet to the place of beginning. Containing 1. 837 Acres,_ more or less. As Per survey made July, 1947, l?y W. c. Bowser,,-Reg; Engineer. UPON which is erected a block building. ' . 7. That there is a. lien against the aforesaid real estate in favor of the Commonwealth of Pennsylvania, Department of Public Welfare, entered at No. 249 September Term, 1965 D •. S. B. on which there is the sum of $146.94 due. 8. That the petitioner claims the family exemption in part from the personal property described in paragraph 5 and in part from the real estate described in paragraph 6. WHEREFORE, Petitioner prays yo~r Honorable Court to appoint two appraisers for the purpose of appraising said property. Frances M rc~ak - 2 - ------------------------------------------------------------------------~--- STATE OF PENNSYLVANIA ) COUNTY OF WASHINGTON ) SS: ,.... . . "''' Personally appeared before me, the undersigned authority, FRANCES MARCIAK, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Family Exemption are true and correct to the best of her knowledge and belief. Frances Marciak Sworn to and subscribed before me this 5th day of ___ M_a_r_c_h _________ ~ 1968. - 3 - ... ., ·-.. ., , . IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. ' '. IN RE: ESTATE OF ( STANLEY MARCIAK, NO. OF 1968 deceased. ( DECREE ------ 1968, upon consideration of the 9 annexed Petition, Clyde Finney and John P. Rebarick are appointed appraisers of the property claimed by Frances Marciak, widow, of Stanley Marciak under Section 213 of the Fiduciaries Act of 1949. Washington County Reports ~ Washington, Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784 Sec. 3, paragraphs (3) and (25). CoUNTY OF WASHINGTON} STATE OF PENNSYLVANIA ss. 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 having its place of business at Washington, Washington County, Pennsylvania, and is act- ing as its agent in vhis behalf; that the said WASHINGTON COUNTY REPORTS was established on March 31, 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 adver- tisement 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: ............. ~·-~E.~?. .... ~.~ .. L.?.~ .. ! .... ~~-! .... ~2.~.~---········ that the affiant or the corporation in behalf of which he is acting is not interested in the subject ma~(of said-notice or advertising and that all of the allegations· of····· ----vv .,._ <h;, •ffid'"''" <Q ibo"t"Jjf" :Qd ~""'" (!;? '"~" fruo. ~4-................... : ............ ~z:Zt~.k~"/ · -·Editor Sworn to and subscrib NOTICE In the Orphans' Court of Washington £ounty, Pennsylvania, in the matter of N e Estate of Stanley Marciak deceased o. 359 of 1968, Notice is he~eby given that ~ranees Marciak, Widow, has filed m said Court, a petition claiming real estate of the decedent situate in th Borough of Centerville, Washingto:i f8~¥ti' Pennsylvania, consisting of . · cres, more or less, upon which IS erected a block building and more ~~~ly described in Deed Book 969 page . · as all or part of Family Exem _ m~· allodwed by the Fiduciaries Act gf •. an that appraisement may be confir~led and property set aside unless Aexc~ptwns are filed thereto prior to pril 8th, 1968 at 10:00 A.M. :r. D. Costa Attorney for Petitioner 6)28-3 Observer -Reporter WASHINGTON, PENNSYLVANIA PROOF OF PUBLICATION In compliance with the News.paper Advertising Act of 16 May, 1929, P. L. 1784, rus amended. Commonwealth of Pennsylvania, County of Washington, SS: ........... . Pe·rsonally appeared before mte, a Notary Public in and for said County and State, ......... Ri.c.hard: ... S. ....... C.owan ............... , who beirug duly srworn according to law, deposes and says tha.t he is the ~-~-~-~-Y-~-----~---·Tr.ea.s ..• of the Obsrerver Publishing Company, a Plenmylvania corporation, and its agent in this behalf; that the said Company isr the owner and. publisher of the Observer-Reporter, succ>essor to The Washington Obs·erver, established Se.ptemberr 18, 1871, and The Washington Reporter, esrtablished August 15, 1808, a daily newspaper of general circulation, printed and published and having its place of bus-iness at Washington, Washington County, Pennsyl- vania, where it or its predeces.sors have been established and published continuous•ly for more than six months• prior to the publication of the notice hereto attached; thaJt the printed notice or advertisement hereto attached is a •copy of an official advertisement, official notice, legal notice or legal adve:rtisement, exactly as printed or pUblished in the Obsterver-Reporter in its regular editions on the following date or dates; ........................................... . .......................... M:~~~-~ ... J.4. .•.... ~J ..... ~-~4 .... a.s.., .... .l.9..68. ................................... . that neither tb!e affiant nor the Observer Publishing Company is interestJed in the subject matter of said notice or advertising and that all of the anega- tions• o.f this affidavit as to the time, place and characterr of publication are true. e i p /:7 ............................. ~. ....... : .. ~_tf _ _._(;=::.(Zt"-Y.k ........ . Sworn to and subscribed before me this.28 ..... day of ... Marc.h~ ... 1.9.68 .711~/Pr.«:.~-~~ U \f~~rJ .. : . 3.1.!~·~;~ ,~~0 ."~-:~~.~-~-;~-- . ~~~ ~ ~ .. ; ·:1 ·r ··• ". .. . , , w. 287!52 •/ ',• .. ~' ~ I f .. .. ..,":;. ~ . , ' ' APPRAISEMENT In accordance with the foregoing deposition, Clyde Finney and John P. Rebarick certify that they viewed the real estate hereinafter described, and that they have placed an appraisement or valuation thereon in the amount of FIVE HUNDRED ($500.00) DOLLARS, said real estate described as follows: ALL that certain lot or tract of land situate in the Borough of Centerville, (formerly East Bethlehem Township), Washington CountY,, Pennsylvania, being bounded and described as follows: ,. BEGINNING at a point in the middle of the National Pike, about one mile West of West Brownsville; thence along line of land of Edward Horton, South 16;0. 00' West, a distance of 324.57 feet to a point; thence along old fence line, North 44° 71' .West, a distance of 114.40 feet to a point; thence continuing along old fence line, North 48° 27' West, a distance of 258.79 feet to a. point; thence along fence line, North 39° 06' East, a distance of 209.35 feet to the middle of the National Pike; thence along National Pike, South 65° 46' East, a distance of 253.43 feet to the place of beginning. Containing 1.837 Acres, more or less. As per survey made July, 1947, by w. c. Bowser, Reg. Engineer. UPON which is erected a block building. Witness our hands and seals this 9th day of ---='"""---- ----~M~a~r~c~h~----------' 1968. • > Sworn to and 'subscribed ' . j before me this 9 t day o~-Ji;J68. ( __s;;p~(?~~L ~ John ~arick Clyde Finney HELEN RIZAK Notary Public. Washington, Washington Co. My Commission Expires August 26. 1970 'J:.-, -:--..· AFFIDAVIT STATE OF PENNSYLVANIA ) SS: COUNTY OF WASHINGTON ) Personally appeared before me, a Notary Public in and for the County of Washington, and Commonwealth of Pennsylvania, Clyde Finney a.nd John P. Rebarick, who, upon their solemn oaths, did say that they will well and truly, and without prejudice or partiality, value and appraise the property chosen by Frances Marciak, widow, of Stanley Marciak, as her exemption of $500.00 under Section 213 of the Fiduciaries Act of 1949, and will, in a.ll respects, perform their duties as appraisers to the best of their skill and judgment. ' '· -' Sworn to and subscribed before me this zt! day of ~ , 1968. J4.ryi£1 HELEN R12AIC Not~ry Public, Washington, Washington Co. My Commission Expires Aullust 26, 1970 ,' t . ' ~ ... ' II' • ,-.. <-•• . .. IN THE ORPHANS ' COURT OF WASHI.NGTON COUNTY, PENNSYLVANIA. IN RE: ESTATE OF ( STANLEY MARCIAK, ( NO. 359 OF 1968 deceased. ( 0 R DE R AND NOW, this 11th ~a~ of. __ ...:M;.:;.:a=:r:;..;c::..::h:,:__--'---' 1968, the within Appraisement ha.ving been presented i_n, open Court, the same is directed to be filed, and notice of the claim and of the fact that the appraisement has been made shall be given by advertisement in accordance with the rules of Orphans' Court of Washington County, Pennsylvania; and it is ORDERED and DECREED that if no exceptions shall have been filed, proof of publication having been submitted, the Court will upon the 8th day of __ ___;;.;;__ __ April , 1968, at 10:00 A.M., enter a.n appropriate Decree in accordance with the rules of Court. By the Court ·--· .. ' \; ~ ~ .. '-- -' ·-J,-~ '. ~· tj ('!) () ('!) Ill {ll ('!) ' 0.. (/) .i:j ~ 1:-1. trj ·. t<. ~ ~ f) A ~--.. Pennsyl~anld . ·j S. S. . W ashmgton Co. · •. trj (/) J-3 ~ trj 0 I'Ij Recorded in. the office f6, Recording Der;ds &1 ~ ·in ~and·':" ·for swd county in-Da,ed ·· Book · 1275 Page-3,·71_-._0 Given under my hand and seal of the said office tfli~:-'? · 8th day of . April A.D.r~.L96a ··~~'~· r-Jl), 2/~ v " >r' ·.~ -.1 .•' . ' IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. IN RE: ESTATE OF STANLEY MARCIAK, No. 359 of 1968 Deceased. ( FINAL DECREE 91zf_ ~~-·/~ ~0 AND NOW, the ~day of (,/~~ , 1968, upon presentation of proof of publicatiod( the Court confirms the appraisement, and it is ORDERED AND DECREED that premises being: ALL that certain lot or tract of la.nd situate in the Borough of Centerville, (formerly East Bethlehem Township), Washington County, Pennsylvania, being bounded and described as follows: -to-wit: BEGINNING at a point in the middle of the National Pike, about one mile West of West Brownsville; thence along line of lane of Edward Horton, South 16° 00' West, a. distance of 324.57 feet tc a. point; thence al6ng old fence line, North 44° 71' West, a. distance of 114.40 feet to a. point; thence continuing along old fence line, North 48° 27' West, a. distance of 258.79 feet to a point; thence along fence line, North 39° 06' East, a. distance of 209.35 feet to the middle of the National Pike; thence along National Pike, South 65° 46' East, a. dista.nce of 253.43 feet to the place of beginning. Containing 1.837 acres, more or less. As per survey made July 1947, by W. c. Bowser, Reg. Engineer. BEING the same premises conveyed to Stanley Marciak by deed of Brice Glover et ux., dated July 30, 1956, and ~ecorded in Deed Book 969 pa.ge 255. !•,' .. - BOOK 127 5 PAGE . 971·· ,------------------------------------------:~- BOG~J.275 PAC~· 972 Be, and they are hereby set apart for the use of Frances Marciak, her heirs and assigns, at the value of Five Hundred ($500.00) Dollars, on a.ccount of her Family Exemption under Section 213 of the Fiduciaries Act of 1949, of the Laws of the Commonwealth of Pennsylvania. AND FURTHER It is ORDERED AND DECREED that there is awarded to Frances Marciak, under the authority of Section 211 of the Fiduciaries Act of 1949, the bank checking account in the sum of $228.00 as a part of her Family Exemption from the Estate of Stanley Marciak, deceased; and further, that a copy of this Order shall be adequate authority for the Gallatin National Bank, Brownsville, Pennsylvania, to ma.ke payment of the bank checking account in the_sum of $228.00 to Frances Marciak. __d-· · (._G--1-_ --' , I "- \ "" ; \ . '