HomeMy WebLinkAbout03-29-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Edith A. Riland
also known as
CUMBERLAND
COUNTY, PENNSYLVANI~
File Number 21- tl\ ~ 306
, Deceased Social Security Number
208-24-1319
Cindy S. Hoke
PeUtioner(s), who Islare 18 years of age or older, apply(les) for:
(COMPLETE 'A' or 'B' BELOW;)
[RJ A. Probate and Grant of Letters Testamentary and aver that PeUlIoner(s). is/are the Executrix
last WIll of the Decedent, dated 02/16/2007 and codlcll(s) dated
named in the
Stale IlIlevallf ciT:umslances. e.g., fBllLlncialion, deeth of executor, ale.
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
(1IIJPpllc&ble, enter. c.LS,; rJ.b.n. c.La.; perJenle I~e; durante absenlUl; rJuranle IIIJllOfltate)
PeUtionet(s) after a proper search haslhave 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 SecUon A above and complete list of heIrs.)
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with
115 S. Humer Street, Enola, East Pennsboro, Cumberland, PA 17025
(UsI slreet address, lawn/city, township, county, stale, :zip code)
-,
his / her last principal reslae~te at
_"J .'
J-"i
Decedent. then
76
years of age, died on
02/19/2007
(J'l
u;
115 S. Humer Street, Enola, E. Pennsboro Twp., Cumberland County,'PA
at 17025 ..
Decedent at death owned properly with estimated values as follows:
(if domiciled In PAl All personal properly $
(If not domiciled In PA) Personal properly In Pennsylvania $
(If not domiciled In PA) Personal properly In County $
Value of real estate In Pennsylvania $
situated as follows: 115 S. Humer Street, Enola, East Pennsboro Township, Cumberland County, PA 17025
62,000.00
Whereforel PeUUoner(s) respectfully request(s) the probate of the last Will and Codlcll(s) presented with this Pellllon and the grant of Letters In the appropriate form 10
the undel5lgned:
Signature Typed or printed name and residence
Cindy S. Hoke 784 Lancaster Avenue
Enola, PA 17025
Fonn R ~2 Rev. 10.13-2006
Copyright (e) 2Q06 form software only The Lackner Graul'. Inc.
Page 1 of 2
Oath of Personal Representative
} 55
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COMMONWEALTH OF PENNSYLVANIA
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
c~.~ ClndyS. Hoke
before me this
day of
:-~,,-':t
Signature of Personal Representative
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Slgna/ure of Personal Representa/ive
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File Number:
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Vi
Estate of Edith A. Riland
, Deceased
Social Security Number:
208-24-1319
Date of Death: 02/19/2007
AND NOW,
having been presented before me, IT IS DECREED that Letters
(Y)o.re-h
&0
,!WJ7
. In consideration of the foregoing Petitlon, satIsfactory proof
Testamentary
are hereby granted to Cindy S. Hoke
In the above estate
and that the Instrument(s) dated 02/16/2007
described In the Petition be admitted to probate and filled of record as the last WUI (and Codicll(s)) of Decedent.
FEES
Letters............................................ $
Short Certlficate(s)......Ls)..... $
Renunclation(s)............................. $
1~.O()
dO 00
~ ~~~dep
A_eySi,,.rn,,: ~ ~~
Attorney Name: Cr 19 A. Hatch Esq.
Wl\\ $ l~ Ot)
.JC~ $ LO 00
~\c, $ E; DO
$
$
Supreme Courtl.D. No.: 76361
Gates, Halbruner & Hatch, P.C.
Address: 1013 Mumma Road, Suite 100
$ Lemoyne, PA 17043
$
$
$
TOTAL.................................... $
Telephone:
E-Mail:
717-731-9600
C.Hatch@GatesLawFirm.com
1<6~
Form RW.02 Rov. 10.13.2006
Capyrlghl (cI2006 form software only The Lackner Group. Inc.
Page 20f2
H 105.805 REV 1/05
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
13107081
No.
~/1;r
Local RegiS~
Fee for this certificate, $6.00
p
FEB 2 2 2007
Date
CO)
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I.D
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Ul
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REV 1112006
1 PRINT IN
!!ANENT
ICKINK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
~\
Ot 00DB
11. Decedent's U81J1d lion KIncI 01 work done du . mosl of Ih. 00 not state
Kind 01 Wo<i< Kind of Bull_ IInWsIry
Janitoral East Pennsboro School
. 16, Oecedent's Mailing Address (Strael, city Ilown, stale, zip COde)
115 S. lbner St.
Enola, PA 17025
18. Father's Name (Flrsl. midcIe, last, SuffIX)
LzW. ~
12. Was Oecedenuver in lhe
U.S. Armed Forces?
Dv.. [l!INo
13. DecedenI'. Edoca'on (SpecIfy on~ ,Ighest grade oompIelodl
Eklmenlaryl Secondary (Q-12) College (1-4 or 5+1
9
PA
<l.Ilber land
4. Dale of Death (Month, day, year)
1319 February 19, 2007
,. Name of DecedenI (Ft"'. _. Osl. sulllxl
Edith A. Riland
5./v;/a(LasIBll1hdeYI
Vrs.
6. Date 01 Birth (Month, day, ar)
7. ace( .
76
9/25/1930
lbmell New York
DOther.S(Jeci~,
10. Race: American Indian, Black, White, etc.
(Specify)
Vhite
80. Coun~ 01 Death
8d. FadIiIy Name ~t not _. give street and RUmbar)
<l.Ilber land
115 South liJner Street
14. Marilal Status: Married, Never Married,
_.llivon:ed (Speciry)
Widowed
lTh. County
Did Decedent
U\Ie in . 17c.1ifJ Ves. Decedent Uved in East Pennsboro 1Wo.
Township7 17d. D No. Decedenl Lived within
AclualLinlIIsof
Twp.
Decedenrs
Actu&I-AesIdence 178. State
City 1 Boro
208. Informanrs Name (Type I Print)
Cindy S. lbke
19. Mother's Name (FIrSI, middle, maiden surname)
Fannie A. G.1thrie
2llb.lnl"""",r. Ma<llngAddlessISlreeI.city/_. s1a1a. zip_I
784 Lancaster Ave. Enola, PA 17025
21c. Place of DisposiIion (Name of cemetery, crematory or other place)
Enola Cemetery
21d. Locatlon (CiIy ( town, stale, zip code)
Enola, PA 17025
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Con'IlietaIlBms23a"'~_cerIIfyIng
~isnot_.atlimBofdBeth\O
COIIIfycouoeof_.
IIBms 24-26 """ bB compIeIed by _
~ who pronounces deIIh.
25.Ile1e_1leod 1_. day. yeo~
~." A M. ~
CAUSE OF OEATII (_ 1nslrucII0I1II and axampIM)
""'V. Port I, Enletthe~-_.injuries.orCCfl'4lliCallon-""'di>cllyceuoadthedBeth.OONOTenIef
reopIralOl'faneBl, or__wIIhoIi showIl1gthe oIIoIogy.lJIton~OIlI couoeon eocq Ine.
=e~~}--.; .. \At.\:.. ~\,. hL~r(~~ t Co. "LQ r
DIle\O(or~oI},
~~_Hany. b.
;1: u.;::rJ:;;1ru:l a. Due m (01' U. consequencI of):
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Due to (Of as a corwequence of):
d.
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: Onset 10 Death
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26. Did Tobacco Use ConIribuIe \0 Deeth?
D Yes D~
No D Unknown
29. Hemote,
~NoIpl6!/lIIIlI_npastyear
DprognantBflimBoI_
D NoIPI69f1SIII.buIpl1gNlntwithin42dajS
ol_
D NoIPI69f1SIII.buIpregnant43dajSIo1 year
bofOlOdoeth
D UnknownHPI69f1SIIIwithin theposf year
320. ~=: :"'"~i -. FICtOl'f.
Dves D No
301>. Wono AuIqIoy F1ndngs
AYBi_ Prior 10 Completion
01 Couse of 0eBIh?
D Yes e:r;;o
31._oIDeeth
DNBIUIat D-
DAccIdent DPenclir<;tlnveatigBtion
D- DC"'*fNolbBDetBImlnod
32d. Tlme 01 Injury
32g. LocBIIon or In~ry (SIreet. city 1_. stale)
lOB. Was on AuIqIoy
P-
M.
35. ReglsIrBr'. .
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Oisoosllion Permit No.
LAST WILL AND TEST AMENT
OF
EDITH A. RILAND
I, EDITH A. RILAND, now of 115 South Humer Street, Enola, Cumberland County,
Pensylvania, 17025, do publish and declare this to be my Last Will and Testament, hereby
revoking all other prior wills and codicils made by me.
FIRST: Family Back~round and Appointment of Executor.
(A) Family and Back~round Information. I am not currently married. I have four
children. My children are DIANE M. SECHRIST, CINDY S. HOKE, WILMA L. BAKER
and DEBBIE A. HAMMAKER. Throughout this Will, DIANE M. SECHRIST, CINDY S.
HOKE, WILMA L. BAKER and DEBBIE A. HAMMAKER will be referred to as "my
children" or "my daughters. "
(B) Appointment of Executor. I appoint as my Executrix (hereinafter referred to as
Executor) under this Will, the following named person to serve without bond and without being
required to account to any Court: .. j
. CJ ~,_J
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Executrix: My daughter, CINDY S. HOKE.
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SECOND: Funeral and Last Illness Expenses: Taxes.
-u
(A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funefal
expenses and the expenses of my last illness from my estate. ~..~~
..
.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession,
legacy, transfer and other death taxes or duties, by whatever name called, including any and all
interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death,
upon or with respect to any and all property included in my gross estate for the purpose of such
taxes, whether such property passes under or outside of this Will, out of my residuary estate,
without being prorated or apportioned among or charged against the respective devises, legatees,
beneficiaries, transferees, or other recipients of any such property or charged against any property
passing or which may have passed to any of them. The Executor shall not be entitled to
reimbursement for any portion of any such taxes from any such person.
LAST WILL AND TESTAMENT
OF
EDITH A. RILAND
PAGE 2
SECHRIST, CINDY S. HOKE, WILMA L. BAKER and DEBBIE A. HAMMAKER, to be
divided among them as they may select in as nearly equal shares as is practical, all tangible
personal property, including but not limited to clothing, jewelry, heirlooms, furniture, personal
effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon.
Any items not selected may be distributed or sold in the sole discretion of my executor and, if
sold, the net proceeds therefrom shall be added to the residue of my estate.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate,
dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions
as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and
such Letter of Instruction shall determine the distribution of such items.
FOURTH: Residuary Gifts.
(A) I give, devise and bequeath all the rest, residue and remainder of my estate, of
every kind and character, real, personal and mixed, tangible and intangible, and wherever
situated, including any lapsed or renounced legacies or devises to my daughters, DIANE M.
SECHRIST, CINDY S. HOKE, WILMA L. BAKER and DEBBIE A. HAMMAKER, in
equal shares, per capita.
(B) Distributions Durine Administration. Prior to final distribution of my estate, the
Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts.
As a consequence, the Executorship and any Trusts created under this Will may exist
contemporaneously. A distribution may be made subject to any indebtedness or liability of my
estate.
FIFTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid
exercise of a power of appointment. No part of the estate shall be liable for or charged with any
debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any
creditor of a beneficiary.
SIXTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be
vested with the following specific powers and discretion, in addition to the powers as may be
generally conferred from time to time upon him by law:
EXI
tW4
C~
LAST WILL AND TESTAMENT
OF
EDITH A. RILAND
PAGE 2
SECHRIST, CINDY S. HOKE, WILMA L. BAKER and DEBBIE A. HAMMAKER, to be
divided among them as they may select in as nearly equal shares as is practical, all tangible
personal property, including but not limited to clothing, jewelry, heirlooms, furniture, personal
effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon.
Any items not selected may be distributed or sold in the sole discretion of my executor and, if
sold, the net proceeds therefrom shall be added to the residue of my estate.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate,
dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions
as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and
such Letter of Instruction shall determine the distribution of such items.
FOURTH: Residuary Gifts.
(A) I give, devise and bequeath all the rest, residue and remainder of my estate, of
every kind and character, real, personal and mixed, tangible and intangible, and wherever
situated, including any lapsed or renounced legacies or devises to my daughters, DIANE M.
SECHRIST, CINDY S. HOKE, WILMA L. BAKER and DEBBIE A. HAMMAKER, in
equal shares, per stirpes.
(B) Distributions Durin~ Administration. Prior to final distribution of my estate, the
Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts.
As a consequence, the Executorship and any Trusts created under this Will may exist
contemporaneously. A distribution may be made subject to any indebtedness or liability of my
estate.
FIFTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid
exercise of a power of appointment. No part of the estate shall be liable for or charged with any
debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any
creditor of a beneficiary.
SIXTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be
vested with the following specific powers and discretion, in addition to the powers as may be
generally conferred from time to time upon him by law:
.t.KJ
~
~
LAST WILL AND TESTAMENT
OF
EDITH A. RILAND
PAGE 3
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such deeds and instruments as may be deemed necessary or
proper, including the following powers, all of which may be exercised without order of or report
to any Court:
(1) To sell, exchange or otherwise dispose of any property, real, personal
or mixed, at any time held or acquired hereunder, at public or private sale, for
cash or on terms, without advertisement, including the right to lease for any term
notwithstanding the period of the Estate, and to grant options, including any
option for a period beyond the duration of the Estate.
(2) To invest all monies in such stocks, bonds, securities, mortgages,
notes, choses in action, real estate or improvements thereon, and any other
property as the Executor may deem best, without regard to any law now or
hereafter enforced limiting investments of fiduciaries.
(3) To retain for investment any property deposited with the Executor
hereunder.
(4) To vote in person or by proxy any corporate stock or other security
and to agree to or take any other action in regard to any reorganization, merger,
consolidation, liquidation, bankruptcy or other procedure or proceedings affecting
any stock, bond, note or other security.
(5) To use attorneys, real estate brokers, accountants and other agents, if
such employment is deemed necessary or desirable, and to pay reasonable
compensation for their services.
(6) To compromise, settle or adjust any claim or demand by or against the
Estate and to agree to any rescission or modification of any contract or agreement
affecting the Estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure
the same by mortgaging, pledging or conveying any property of the Estate,
including the power to borrow at a reasonable rate of interest.
fIt,
(8) To retain and carry on any business in which the Estate may acquire an
M
T
LAST WILL AND TEST AMENT
OF
EDITH A. RILAND
PAGE 4
interest, to acquire additional interest in any such business, to agree to the
liquidation in kind of any corporation in which the Estate may have an interest.
(9) To register any stock, bond or other security in the name of a nominee,
without the addition of words indicating that such security is held in a fiduciary
capacity, but accurate records shall be maintained showing that such security is a
Estate asset and the Executor shall be responsible for the acts of such nominee.
(B) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian, but
shall be authorized to payor deliver the same to the custodian of such person, to payor deliver
the same to such person without the intervention of a guardian, to payor deliver the same to a
legal guardian of such person if one has already been appointed, or to use the same for the benefit
of such person.
(C) In the disbursement of the Estate and any division into separate trusts or shares,
the Executor shall be authorized to make the distribution and division in money or in kind, or
both, regardless of the basis for income tax purposes of any property distributed or divided in
kind, and the distribution and division made and the values established by the Executor shall be
binding and conclusive on all persons taking hereunder. The Executor may in making such
distribution or division allot undivided interests in the same property to several trusts or shares.
(D) The Executor shall have discretion to determine whether items should be charged
or credited to income or principal or allocated between income and principal as the Executor may
deem equitable and fair under all circumstances, including the power to amortize or fail to
amortize any part or all of any premium or discount, to treat any part or all of the profit resulting
from the maturity or sale of any asset, whether purchased at a premium or at a discount, as
income or principal or apportion the same between income and principal, to apportion the sales
price of any asset between income and principal, to treat any dividend or other distribution of any
investment as income or principal, or apportion the same between income and principal, to
charge any expense against income or principal or apportion the same, and to provide or fail to
provide a reasonable reserve against depreciation or obsolescence on any assets subject to
depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under
all the circumstances.
SEVENTH: Ri2hts and Liabilities of Executor.
E /~f
f v
1411-
T
LAST WILL AND TEST AMENT
OF
EDITH A. RILAND
PAGES
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in
the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any
investment of the estate, the overall performance of the entire estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
EIGHTH: Tax Elections. In determining the estate, inheritance and income tax liability
relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive
on all concerned. In accordance with IRC Section 2632(a) and without regard to whether a
Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal
Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation
skipping transfer which may occur under this Will.
NINTH: Defmitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired,
including income, which may belong to a Trust at any given time.
(C) Children. Except for discretionary distributions which may be made unequally
among a group of persons and distributions pursuant to a valid exercise of a Power of
Appointment, in making a distribution to the children of any person, the property to be
distributed shall be divided into as many shares as there are living children of the person and
deceased children of the person who left children who are then-living. Each living child shall
take one share and the share of each deceased child shall be divided among his then-living
descendants in the same manner. A posthumous child shall be considered as living at the death
of his parent.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
tftI?
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\
LAST WILL AND TESTAMENT
OF
EDITH A. RILAND
PAGE 6
provisions of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other genders, and the use of either
the singular or the plural includes the other.
(F) Captions. The captions set forth in this Will at the beginning of the various
divisions hereof are for convenience of reference only and shall not be deemed to define or limit
the provisions hereof or to affect in any way their construction and application.
(G) Powers of Appointment are Exercised. By this Will I exercise any Power of
Appointment which I may possess at my death.
IN WITNESS WHEREOF, I, EDITH A. RILAND, the Testatrix, have to this my Last
Will and Testament, typewritten on seven (7) pages, including the Acknowledgment and
Affidavit, set my hand and seal this 16th day of February, 2007.
aJk~:gJ
EDITH A. RILAND
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will
and Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of
us further declares that he or she believes the Testatrix to be of sound mind and memory. The
preceding instrument consists of this and six (6) other consecutively numbered typewritten pages
including the Acknowledgement and Affidavit.
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(print name)
ACKNOWLEDGMENT AND AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby
acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed
the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or
willingly directed another to sign it for her; that she executed it as her free and voluntary act for
the purposes therein expressed; that each ofthe witnesses were present and saw the Testatrix sign
and execute the instrument as her Last Will; that each subscribing witness in the hearing and
sight of the Testatrix signed the will as witnesses; and that to the best oftheir knowledge the
Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint
or undue influence.
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Testatrix
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7 Witne,;-
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Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this 16th day of February, 2007.
COMM JH OF PENNSYLVANIA
NotarIII Sell
Ter\ L. W...., Notary PubIc
L.emoyne eoro. CUnber\anCl Cou1ly
My CommII8Ion Elcpires Jan. 20. 2011
Member. PemayIvenIa AIIooIatIoft of NoIIrIee