HomeMy WebLinkAbout03-27-07
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IN THE COURT OF COMMON PLEAS ~
OF CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF CHARLOTTE F. RIGHTNOUR
) NO. 2006-01106
) REGISTER OF WILLS
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Family Agreement--Waiving Filing of Account
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This Agreement entered into this ~ day of Y7,7a ~ (Ii.. , 2007, by and
between Wayne M. Rightnour in his capacity as Executor under the will dated October 7, 1981,
(as well as the Pennsylvania Intestacy Statues) of Charlotte M. Rightnour, and Wayne M.
Rightnour, residuary beneficiary, Michael Harling, specific beneficiary, Karen Davey (Clupter),
and Joan Knease (Lauvy), specific legatees of the estate. For purposes ofthis agreement, when
they are referred to in their fiduciary capacity, the term 'Executor' will be used and, when they
are referred to in their individual capacities, they will be referred to by their first names.
BACKGROUND
1. Charlotte F. Rightnour ("Decedent") died on August 29, 2006, a resident of
Mechanicsburg, Pennsylvania, leaving a will dated October 7, 1981.
2. Decedent's will was admitted to probate by the Register of Wills of Cumberland
County on December 13, 2006, and letters testamentary wete issued to Wayne M. Rightnour, as
Executor.
3. In her will, Decedent named specific legatees. Under the will, Michael Harling is to
receive her 10-drawers chest of drawers, Karen Davey (Clupter) is to receive her antique square
chair, and Joan Knease (Lauvy) is to receive her sewing machines. c..
Joan Knease (Lauvy) was also to receive 1/3 (one-third) share of value of her furniture
owned by her late parents. The other 2/3 (two-third) share was to be shared among Marion
Utsick (deceased) and Pauline Harling (deceased). Because Marion and Pauline pre-deceased
Charlotte Rightnour, their share(s) lapsed. Under the will, the property is to be sold. The
property has an appraised value of$210.00. Her 1/3 share is $70.00 which will be paid in cash.
The decedent has also directed that certain photographs be given to the subjects of the
photographs. Any beneficiary is free to contact the Executor for a time ~o review and claim the
photographs.
4. The executor advertised the grant of letters Testamentary, prepared and will file an
Inventory and Appraisement of Decedent's property and prepared and filed a Pennsylvania
Inheritance Tax Return and federal and state income tax returns and paid the appropriate taxes
thereon. '
5. The executor has paid all the general legatees and all the taxes, debts and expenses of
the estate known to him, and has no knowledge of any unpaid claims, absolute or contingent,
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which may be asserted against the estate nor do they have any reason to believe there are any
such claims.
6. The executor has distributed the specific assets of the estate to the legatees by will.
7. A statement reflecting all estate receipts, disbursements and distributions are annexed
here to as Exhibit A(inheritance tax return).
8. Both the executor and legatees desire that this Family Agreement make unnecessary
the filing of an accounting in the Orphans' Court Division of the Court of Common Pleas of
Cumberland County.
NOW THEREFORE, intending to be legally bound, the parties do hereby:
1. Waive the filing of an account of the administration of the estate in any court;
2. Declare that the undersigned has examined the attached informal account (and
statement/schedule of distribution - the Inheritance Tax Return) of the executor; finds it to be
true and correct in all particulars; accept and approve it with the same force and effect as if it had
been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of
competent jurisdiction; and as if the balance of principal and income had been awarded by the
Court in accordance with the statement/schedule of distribution;
3. Warrant that the beneficiaries named in the informal account and statement/schedule of
distribution are the sole remaining parties in interest in the estate and entitled to receive the entire
distribution thereof in accordance with the informal account and Statement/Schedule of
Distribution;
estate;
4. Warrant that the undersigned know of no outstanding and unsatisfied claims against the
5. Approve the distribution of the balance of principal and income shown in the informal
account and statement/schedule of distribution to the persons set forth therein;
6. Absolutely and irrevocably release and discharge the executor, and his heirs, personal
representatives, successors and assigns of and from any and all actions, liabilities, claims and
demands relating in any way to their administration of the estate and distribution in accordance
with the informal account and statement/schedule of distribution and without a court accounting
and adjudication;
7. Agree to refund to the executor any amount of the undersigned's distribution which
exceeds the amount to which the undersigned are entitled as the executor shall determine;
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8. Agree to indemnify and hold harmless, the executor and his heirs, personal
representatives, successors and assigns, from and against any claims, liabilities, loss or expense
(including costs and counsel fees) arising from any cause whatsoever, which the executor may
incur as a result of the administration of the estate and its distribution in accordance with this
agreement including, but not limited to, any liability for any federal estate taxes, Pennsylvania
Inheritance tax or any other death taxes, and any federal or Pennsylvania income taxes, and
Pennsylvania personal property taxes, together with any interest and costs incidental thereto,
relating in any way to the estate and also including, but not limited to, any assets received or
payments or distributions made by reason of any negligence or mistake of law or fact.
Dated: j...J.. 7 - CJ 7
Witness: .r;tS~. ~
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Wayne ~Our(ReSiduary Beneficiary}
104 S. Market Street, Mech., P A 17055
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Michael Harling(Beneficiary)
155 Byron Nelson Circle, Etters, PA 17319
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Karen Clupter (Davey) (Beneficiary)
218 Ross Ave
New Cumberland, PA 17070
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Joan Lauvy (Knease) (Beneficiary)
1758 Calypso Apt 4
Bethlehem, P A 18018
Witness: ~ ~
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Wayne M. Rightnour (Executor)
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Informal Account
See Income Tax Return Attached
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15056051058
REY-1500 EX (06-05)
PA Department or Revenue '*
Bureau or Indlvldull Taxes
PO BOX 280601
Hllrisburg, PA 17128-0601 ~ --
ENTER DECEDENT INFORMATION BELOW
SocIll Security Number Date of Death
OFFICIAL uae ONLY
CoIIIty Code v_
INHERITANCE TAX RETURN
RESJDENT DECEDENT
RIe NIII1ber
193-24-0364
08/2912006
Dlte of Birth
03/13/1932
Decedenrs Last Name
Suffix
Decedenrs First Name
Rightnour
(If AppllCllble) Enter Surviving SpouM'. Infonnlltlon Below
Spouse's Last Name Suffix
Rightnour
Charlotte
MI
F
Spouse's Am Name
Wayne
MI
Spouse's Social SeCUrlty Number
FILL IN APPROPRIATE OVALS BELOW
. 1. Orlglnal Retum
THIS RETURN MUST II FILED IN DUPLlQ_WITH THE
REGISTER OF WILLS
2. SUpplemental Retum
3. Remainder Return (date or death
prior to 12-13-82)
5. Federal Estate Tax Retum Required
4. Umlted Estate
4a. Future Intarest Compromise (date of
death lifter 12-12-82)
7. Decedent Maintained a Living Trust
(Attach Copy of Truat)
10. Spousal Poverty Credit (data of death 11. Elect/on to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sc:h. 0)
CORRESPONDENT - THlllECnON MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDEN1W. TAX IHFORIIATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
6. Decedent Died Teltata
(Attach Copy of WIll)
9. Utlgatlon Proceeds Received
8. Total Number of Safe Deposit Boxas
Michael S. Travis
Firm Name (If Applicable)
Attorney at Law
First line of address
3904 Trlndle Road
(717)731-9509
REGISTER Or~lS USE O~"f?,
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Second line of address
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City or Post OffIce
Camp Hill
State
ZIP Code
17011
DATE EUleO
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PA
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Correspondent's e-mail addreaa:mstOmtravlslaw.com
Under penalties of perjury, I deGI8re thet I have examined 1hI, retum.lndudlng ICllClnlPMYIng Id1eduIeIIIId 1latImentI, Il'ld to the belt of my knowledge lInd belief,
It Is true. corrlICt 8IlcI ClOIl'lPIeee. o.ct8rdon of IRI*W olher then the .--. ~ II bIIMd on ell InfonnalIon 01 which JnI*W hu eny knowledge.
SIGNATURE OF PERSON RESPONSIBLE FOR FlUNG RETURN DATE
~~;e~~.; 1-:l"1 C)?
AD S S. ~ket street, Mechanicsburg, PA 17055
. ~ OTHER TIiAH REPRESENTAT>/E ,?- Ji'i/If/
3904 Trindle Road, Camp Hill, PA 17011
PLl!A8I! Val! ORIGINAL FORM ONLY
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15056051058
Side 1
15056051058
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150560q?Oq9
REV-1500 ex
Charlotte
F Rightnour
Decedent's Name:
RECAPITULATION
""1. Rear estate (Schedule A). ............................................ 1;
2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.
3. Closely Held Corporation. Partnership or Sole-Proprl&torshlp (Schedule C) .. . .. 3..
4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.
5. Cash. Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5.
" "6. Jointly Owned Property (Schedule F) Separate BlUing Requested . . . . . .. 6.
7. Inter-Vlvos Transfers & Miscellaneous Non-Probate Property
(Schedule G) Separate Billing Requested.. . . . . .. 7.
8. Total Gro.s AaaetlJ (total Lines 1-7). . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 8.
9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9.
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) . . . . . . . . . . . . . . . . 10.
11; Total'DeducUoria (total Lines 9 & 10).......... ....................... " 11.
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12, 'Net Value of Eatate(Llne 8 minus Line 11) .. . .. .. . .~. ...... . .. . . .. '" ..12.
13. Charitable and Govtmni'ilrUalBequ.estslSec 9113 Trusts for which , "
an election to tax has not been made (Schedule J) ...................... . . 13.
14. Net Value Subjeqt to Tax (Line 12 minus Line 13) ...................... . . 14.
TAx COMPUTATION, . SEE INSTRUCTIONS FOR APPUCABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116 "
(a)(1.2) X .0_ , 15.
16. Amount of Line 14 iaxable
at lineal rate X.O _ 16.
17. Amount of Une 14 taxable
at sibling rate X .12 17.
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. TAX DUE. .. . . .. . . . . . . . . . '" ....... ............ ,........ ...... .. '" 19.
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20. . FILL I~ THE OVAL IF YOU ARE REQUESTING A REFUND ,OF ANOYl!RPAVMENT'
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15056052059
Side 2
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Decedenfs Social. Seq/r1wNtm'lber,.
193-24-0364
1,246.00
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1,246.00
10,896.50
10,896.50
-9,650.50
-9,650.50
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Decedent's Complete Address:
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SMMt: OECEDENrS SOCIAL SECURITY NUMBER
Charlotte F Rlghtnour 193-24-0364
STREET ADDRESS
104 S. Market Street
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CITY I STATE j ZlP17055
Mechanicsburg . PA
Tax Payments and Credits:
1. Tax Due (Page 2 Une 19)
2. CredltsJPayments
A. Spousal Poverty CIedIt
8. Prior Payments
C. Discount
(1)
0,00
3. InterestlPenaJty if applicable
D. Interest
E. Penalty
ToI8Ilntereal/Penalty ( 0 + E )
4. If Une 21s greater than Une 1 + Line 3, enter the difference. ThIs Is lhe OVERPAYMENT.
F"I In OVII on Page 2, Une 20 to RqUMt . refund.
Total CIedIts ( A + B + C )
;~~,
(3)
(4)
(5)
(SA)
(58) 0.00
5. If Une 1 + Une 3 is greater then Une 2, enter the dI1rerence. ThIs is the TAX DUE.
A. Enter Ihe Interest on Ihe lax due.
B. Enter the total of Une 5 + SA. This Is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a lrans1er and: Yes No
a. rel8in the use or income of the propeIty lraIlIferJId;.......................................................................................... 0 iii
b. retain the right to designate who shall use the property lr8nsf8rred or Its Income; ............................................ 0 iii
c. retain a F8V8rIionary Interest; 0/'.......................................................................................................................... 0 Ii]
d. receive the promise fer Ilf8 of eIlher payments, beneftts or CII'8? ...................................................................... 0 iii
2. If death oea.tlred 8fter December 12, 1982, did decedent transfer property within one year of death
wlIhoul receiving adequate conslclerallon? .............................................................................................................. 0 Iil
3. Did decedent own an "In trust for" or payable upon deaIh bank account 0/' seculty at his 0/' her death? .............. 0 liI
4. Did decedent own an IndMdual RetIrement Account, annuity, or other non-probate property which
conlalnsa benefiCiary deslgnailOn? ........................................................................................................................ 0 liI
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST .COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate Imposed on the net value of transfers to or for the use of the si.irvMng spouse
is three (3) percent (72 P.S. 19116 (a) (1.1) 0)).
For dates of death on or after January 1, 1995, the tax rate Imposed on the net value of transfers to or for the UI8 of the surviving spouse Is zero (0) percent
[72 P.S. 59116 (a) (1.1) (1/)]. The statute does not eX8l1lPt a transfer to a survlvlng spouse from tax. and the statutory requirements for dlsclosure of assets and
filing a tax return are stili applicable even if the surviving spouse Is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate Imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an
adoptive paren~ or a stepparenfofthe child is zero (0) percent [72 P.S. fi9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the deoedenrs lineal beneficiaries Is four and one41alf (4.5) peroen~ except as noted in
72 P.S. ~9116(1.2) [72 P.S. f9118(a)(1)].
The tax rate Imposed on the net value of tranSfers to or for the use of the deoedenfs siblings Is twelve (12) percent [72 P.S. 59116(a)(1.3)]. A sibling is defined, under
Section 9102, as an Individual who has at least OI1e parent in common with !hi decedent. whether by blood or adoption.
R-t"'V.1737.4 EX + (9.()())
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SCHIDULI I, PART 1
MISCILWWlIOUS
P.....AE ,a.oPIUY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
NONRES~NTDECEOENT
ESTATE OF
FILE NUMBER
o. '1~.,
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Charlotte F.Rlghtl1olJr .,
Part 1 must Include alltanslble personal property having Its situs in Pennsylvania. Examples of tangible personal property,are
jewelry, furniture, paintings, etc. All proPerty Jorntly.owned.~the right ohurvlvorahlp muet be d1acl08edon Schedule F.
Complete Part 2 on reverae atde ONLY when the proportionate method of tax computation I. elected. .
ITEM
NUMBER. DESCRIPTION
1. Woman's wardrobe (discarded)
2. Wood table with chairs and cabinet
3 Dining table with chairs and cabinet
4 Record player with case
5. Bedroom set
6. Photographs
7. Rocking chair
8. Sewing machine
9. Oak square chair
10. High chest
VALUE AT DATE OF DEATH
PART 1 TOTAL
$
PIll 2 TOTAL
Proportionate Method Only from reverse side $
, "';'91'AI. (AtSQenter on line 5,. Recapitulation) $
(If more space Is needed, Insert addltlonal sheets of the same size )
000
80.00
6000
"00
60.00
5.00
10.00
'10 at)
20.00
1 000 00
1.246.00
0.00
'1.246.00
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REV-1511 EX+ (12-99) '.
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COMMONWEALTH OF PENNSYLVANIA"
INHERITANce TAX RETURN
RESIDENT DECEDENT
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SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE Of
Charlotte F. Rightnour
FILE NUMBER
ITEM
NUMBER
A.
. Debts of decldelll mUll be reported on Schedule L
I.
FUNERAL EXPENSI;S:
Burial, casket, service
DESCRIPTION
AMOUNT
9.66500
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Represenlallve(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
Street Address
City
State
Zip
'(earls) Commission Paid:
2.
Attorney Fees
93734
3. Family Exemption: (If decedent's address is nol the same as claimant's, altach explanation)
Claimant
Street Address
City
State
.Zip
Relationship of Claimant to Decedent
4.
Probate Fees
29416
5. Accountant's Fees
6. Tax Retum Preparer's Fees
7.
TOTAL (Also enter on line 9, Recapitulation) $
(If more space Is needed, Insert 8ddItIonaJ sheets of the same size)
10.896.50
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LAW 0I'P1CU
SNEl.BAKER.
McCALEB a ELICKER
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LAST WILL AND TESTAMENT
I, CHARLOTTE F. RIGHTNOUR, of the Borough of Mechanicsburg,
County of ClUllberland and Commonwealth of Pennsylvania, being of sound
and disposing mind, memory and understanding, do make, publish and
declare this as and for my Last Will and Testament, hereby revoking
and making void all former wills and codicils by me at any time hereto-
fore made.
'e' "e il'JiIZi1l;tf>!Qee_ii;~',;*-;l!".F
FIRST.
I order and direct that all my just debts and funeral
expenses be paid by my Executor, Executors or Executrix, as the case
may be, hereinafter named, as soon as conveniently may be done after
my decease.
SECOND. I give and bequeath my lO-drawers chest of drawers unto
my nephew, namely, MICHAEL HARLING, absolutely.
THIRD. I give and bequeath my antique square chair unto my niece,
namely, KAREN DAVEY, absolutely.
FOURTH. I give and bequeath my sewing machines unto my niece,
namely, JOAN KNEASE, absolutely.
FIFTH. I order and direct that all of my furniture formerly owned
by my late parents shall be sold, the net proceeds of which I give and
bequeath in equal shares unto the following three persons: my sister,
MARION UTSICK. my sister, PAULINE B. HARLING, and my niece, JOAN
KNEASE, share and share alike, absolutely.
SIXTH. I order and direct that all of my photographs shall be
distributed among and given unto the persons who are the subjects
thereof or unto the families of the subjects if the subjects are
deceased.
SEVENTH.
All the rest, residue and remainder of my Estate, real,
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LAW OPPICE.
SNELBAICER.
MCCALEB 6: ELICkER
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give, devise
in fee simple, if he,,~~ives me.
THIRD. If my husband, M. WAYNE RIGHTNOUR, does not survive me,
then and in that event, I order and direct that all the rest, residue
and remainder of my Estate, real, personal and mixed, whatsoever and
wheresoever,"~a.~l<"AAal;L be,'~r,'I4"~IfF,,,~~,,,~....~~~j~~
A. I give, devise and bequeath my said residuary
estate unto my sister, namely, PAULINE B. HARLING,
absolutely and in fee simple, if she survives me.
B. If the said PAULINE B. HARLING does not survive
me, I give, devise and bequeath my said residuary estate unto
my brother-in-law, namely, GEORGE W. HARLING (husband of
Pauline B. Harling), absolutely and in fee simple, if he
survives me.
c. If both of the said PAULINE B. HARLING and GEORGE
W. HARLING do not survive me, then and in that ultimate
event, I give, devise and bequeath my said residuary estate
unto the issue of the said Pauline B. Harling and George W.
Harling per stirpes by representation, absolutely and in
fee simple.
LASTLY.
I nominate, constitute and appoint my husband, M
WAYNE RIGHTNOUR. to be the Executor of this, my Last Will and Testa-
ment, but if for any reason he should fail to qualify as such
constitute and appoint my sister and her husband, namely,
Executor or cease so to serve, then and in that event, I nominate,
B. HARLING and GEORGE W. HARLING (or the survivor of them in the
event of the death or disqualification of either of them), to be the
Executors hereof. If all of the above named individuals should fail
to qualify as my personal representative hereunder or cease so to
"
"
, constitute and
be the Executor of
this, my Last Will and Testament,
I order and direct that no bond or other security shall be
required of any of the above named individuals as a condition of
their qualification as my personal representative hereunder.
'1:N"~!S'S~0F~f"'J:;'le
my hand and seal to this, my Last Will and Testament which consists
of three (3) typewritten pages to each of which I have affixed my
7~ A0.';' /~
signature this day of Vty(~ ,A.D., One Thousand
Nine Hundred Eighty-one (1981),
~j'o/4
The preceding instrument, consisting of this and two (2) other
typewritten pages, each identified by the signature of the Testatrix,
was on the date thereof signed, sealed, published and declared by
CH~~IO:crE F. R.lG.I:lXNOUR-,the Testatrix :ther~-named, as and for her
Last Will and Testament, in the presence of us, who, at her request,
in her presence, and in the presence of each other, have subscribed
ou. names as witnesses h~eto. . 9~~
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LAW OJl1l1CU
BNE:LBAKE:R,
McCALEB" ELICKER
(SEAL)
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We, CHARLOTTE F. RIGHTNOUR, RICHARD C. SNELBAKER and CATHARINE E.
BOUSUM, the Testatrix and the witnesses, respectively, whose names are
signed to the attached or foregoing instrument, being first duly sworn,
do hereby declare to the undersigned authority that the Testatrix signed
and executed the.. HiS~er1t as hep,,'
had signed willingly, and that she executed it as her free and voluntary
act fo~ the purposes therein expressed, and that each of the witnesses,
in the presence and hearing of the Testatrix, signed the Will as witness
and that to the best of his or her knowledge the Testatrix was at that
time eighteen years of age or older, of sound mind and under no con-
straint or undue influence.
~dtu-Y.o ;;: ~~ J
Witness
Subscribed, sworn to and acknowledged before me by CHARLOTTE F. RIGHTNOU ,
the Testatrix, and subscribed and sworn to before me by RICHARD C.
rt-H, /YJ I 'A
SNELBAKER and CATHARINE E. BOUSUM, witnesses, this I day of~
1981.
~~~ x;1~~
( .
'I,',',' FLORENCE B, lOSCliER, NOTARY PuinlG
, MECHANICSBURG BOROUGH
'0 - CUMBERLAND CDCNTY
MY COMMISS~JN EXPiReS M'R. 6, 1982
L.AW 0PPlGII:.
SNELBAKER.
McCALEB It ELICKER
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APPRAISAL
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Personal Property of C/tfA.LolTC' )J.../.9HTA/iJU,<-
Appraised by Chuck E. Bricker AU094-L
Date 1:2 - / - tJ (,
ITEM VALUE ITEM VALUE
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