HomeMy WebLinkAbout04-18-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Alice M. Bair
also known as
File Number
n2/ ~ JCXJ8'~ 04c)O
, Deceased
Social Security Number 210-18-9947
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW:)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix
last Will of the Decedent dated 12/12/2006 and codicil(s) dated
named in the
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) ;: -0 C) ::;0 "") ,)~
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of~ ~trumm(s) offe.r~~g
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: C (j) :;"- C"' 0
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o B. Grant of Letters of Administration'~) ~ . 0 ,- 01
(If applicable, enter: c.t.a.: d.b.n.c.t.a.; pendente lite: durante absentia; dura(l.p-;Ainoritate)" : ," (~,?
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Petitioner(s) after a proper search has / have 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 Section A above and complete list of heirs.)
Name
Relationshin
Residence
I
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumber land County, Pennsylvania, with his / her last principal residence at 108 Mav
Drive. Apt. #6 Camp Hill PA 17011 Camp Hill Borouah Cumberland Co.. PA
(List street address. town/city, township, county. state, zip code)
Decedent, then 82
years of age, died on 4/6/2008
at 108 Mav Drive. Apt. #6
Camo Hill
PA 17011
Decedent at death owned property with estimated values as follows;
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(I f not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
300.000.00
situated as tollows:
Wherefore. Petitioner( s) respectfully request( s) the probate ofthe last Will and Codicil( s) presented with this Petition and the grant of Letters in the appropriate fonn to
the undersigned:
Signature
Typed or printed name and residence
Jennifer Conaway
Reedsville
251 Park Drive
PA 17084
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF MIFFLIN
The Petitioner(s) above-named swear(s) or affmn(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
before me the 11th
day of
nnifer Conaway
Sworn to or affirmed and subscribed
ArL~,., 4 ~O"
~ p", the Reg;,te'
Signature of Personal Representative
Signature of Personal Representative
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File Number:
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$ocial Security Number: 210-18-9947
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Date of Death: 4/6/2008
AND NOW, , 2008 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters T estamentarv
are hereby granted to Jennifer Conaway
in the above estate
and that the instrument(s) dated 12/12/06
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............................. $
Short Certificate(s) .r~........ $
Renunciation(s) ................ $
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$
$
$
$
$
$
$
TOTAL ............................. $
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Attorney Signature:
Register of Wills
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Attorney Name:
Supreme Court LD. No.: 23466
Address:
P.O. Box 430
Lewistown
PA
17044
Telephone:
(717) 248-6751
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Form RW-02 rev. lO. I3.06
Page 2 of2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
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P 14328988
Certification Number
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.
~ /1; ~ APRjO 8 ~08
Local Registrar ~ Date Issued
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PRINT IN
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
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1. Name of Decedenl (Rrst, middIe,lasl, suffix)
Alice i~. Bair
5. Age (Uisl Birthday)
6. Date of Birth (Month, day, year)
82
January 27, 1926
Yrs.
Bb. Counly of Dealh
Cumberland
Twp.
11. Oecedenl's Usual Occ !ion Kind of work done dun mosl of wor1<in liIe. Do not stale retired
InsJr'a'n"C"e~o:ry
Ha.Slate
PA
Cumberland
17b. Counry
O1her.
o Nursing Home 0 Residence OOther . Specify:
9. Was Decedent 01 Hispanic Origin? Dl No 0 Yes 10_ Race: American Indian, Black, White, etc.
(II Y's, spedry Cuban, ISpecifyj
Mexican, Puerto Rican, etc.) Whi te
14. Marital Status: Married, Never Married,
Widowed, Divorced (SpsciM
Widowed
Did Decedent
Liveina
Township?
Twp
17c.O Yes, Decedent Lived in
Pd. IX] No, Oec9d9nt Lived within
Actual Limits 01
Camp Hill
City/Bom
19, Mother's Name (Rrst, midlje, maiden surname)
Mary Benko
2Ob. Inlormanfs MaHing Address (Street, city ftown, stale, zip code)
251 Park Dr. Reedsville,
21c. Place of Disposition (Name of cemetery, crematory Of olher place)
Gettysburg National Cemetery
yers-Harner unera Home
1903 Market St. Hill PA 17011
Items 24-26 must be compIeled by person
who pronounces death.
24. Time of Death
I Approximate inlerval'
: Onset to Death
,
,
,
,
I
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,
,
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CAUSE OF DEATH (See Instructions nd examples)
Item 27. Part I: Enter the ~~ - diseaseS, injuries, Of complications - that directly caused the death. DO NOT enter terminal events such as cardiac arrest,
respiratory arres:, or ventricular fibrillation withoul showing the etiology. Ust only one cause on each rll'l9.
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Sequenlial~ist concHtions, nail), b.
~~~~g: UND~~~II:~~r~~! a
(disease or i"jury thai initiated the
events resullmg In dealh) LAST.
d.
303. Was an Autopsy
Perlormed?
3Ob. Were Autopsy Fiodings
Available Prior to Complelion
d Cause 01 Death?
1. Manner of Death
~ Natural 0 Homicide
o Accident 0 Pemlng InvesUgation
o Suicide 0 Goold Not be Dere"""""
32a. Dale of Injul'y (Month, day, year)
DYes Q:NO
DYes oNo
32d. Time of Injury
M.
338. Cerlifier (check only one)
Certifying physlctan ,:Physician certifying cause 01 death when another physician has prooounced death and completed Item 23)
lothe best of my knlwMdge, death occurred due to the caUse(I) and manner II stated. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
Pronouncing and certifying physician (Physician both pronouncing death and certilying 10 cause 01 death)
To the best of my knl)w&edge, death occurred at the tlme, date, and place, and due to the CIUse(I) and manner IS stated- - - - - - - . - - - . - - - - - -
~:~~:sm~":~~;I::: and J or vestigation, In my opinion, death occurred at the time, date, and place, and due to the eause(s) and manner as stated. 0
35. R&9
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17084
21d. Location (Cily ftown, slate, zip code)
Gettysburg, PA
23b, License Number
23c. Dale Signed (Month, day, year)
26. Was Case Referred 10 Medical Examiner I Coroner for a Reason Other than Cremation or Donation?
DYes K]No
Part II: Enter other sianificanl conditions conlriblllill(] 10 d9alh,
but not resulting in the underlying cause given in Part I.
28. Did Tobacco Use Contribute to Death?
DYes oProbebly
o No ~wn
29_ ~I ~emaje:
~ pregnant within pas1 year
o Pregnanl al time of death
o Not pregnant. but pregnant within 42 days
01 death
o Not pregnant, but pregnant 43 days to 1 year
before death
o Unknown if pregnant within lhe past year
32c. Place of Injury: Home. Fann, Street, Factory,
Office Building, elc. (Specify)
32g. location 01 Injury (Str99t, city /town, Slale)
nth,day,yearj
34. Name and Address of Per~ Completed Cause of Death (!Iem 27} Type I Print
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ALICE M. BAIR
File No. 21-06-W
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BE IT REMEMBERED, that I, ALICE M. BAIR of 108 May Drive, Apartment 6, Ca~Ol~l, P~17011.,i3
being of sound mind, memory and understanding, do make, publish and decla-t~his a~nd fdr~~f~
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my Last Will and Testament, hereby revoking and making null and void anyjand all W-i:lls and""T;~
Testaments and writings in the nature thereof by me, at anytime heretofore made. N
LAST WILL AND TESTAMENT
of
ALICE M. BAIR
ARTICLE 1. BACKGROUND INFORMATION: The following is background information pertaining
to myself and my family:
A. I was born on January 27, 1926.
B. I am widow.
C. I have no children.
ARTICLE 2. DEFINITIONS AND MISCELLANEOUS TERMS: The following definitions and
miscellaneous terms shall apply to this my Last Will and Testament:
A. Issue: The terms uissue" as used in my Will means the immediate and remote
lawful, lineal descendants by blood or adoption of the person referred to, who are
in being at the time they must be ascertained in Order to give effect to the
reference to them.
B. Per Stirpes: The term "per stirpes" as used in my Will means that whenever a
distribution is to be made to the issue or descendants of any person, the property
to be distributed shall be divided into as many shares as there are (1) living
children of the person, and (2) deceased children, who left descendants who are
living, of the person. Each living child, if any, shall take one share and the share
of each deceased child shall be divided amongst his then living descendants in the
same manner.
c. Per Capita: The term uper capita" as used in my Will means that whenever a
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ALICE M. BAIR
1
AUCE M. BAIR
File No. 21-06-W
distribution is to be made to a person, the property to be distributed to that person
shall be distributed only if that person survives me. If that person has not survived
me, the distribution to that person shall lapse and be deemed void.
D. Personal Representative: The term "Personal Representative" as used in my Will
means the Executor or Executrix of my Estate, or any other title of like import
which is used to describe such a fiduciary.
E. Residuary Estate: The term "Residuary Estate" as used in my Will means all the
rest, residue and remainder of my Estate remaining after payment of all of my last
debts, funeral expenses taxes and administration expenses and any other expense,
or expenditure required to be made as the result of my death and after distribution
of the Tangible Personal Property and any special bequests specifically set forth
herein.
F. Survival: The term "survive me", or any derivative thereof, as used in my Will
means that any person or organization herein named or referred to shall be deemed
to have survived me only if such person or organization shall in fact survive me for
a period of at least thirty (30) days. Any person or organization named or referred
to herein who shall not survive me by a period of thirty (30) days shall be deemed
to have died before I do.
G. Gender and Number: Where appropriate to the context, pronouns or other terms
expressed in one number or gender shall be deemed to include the other number
or gender, as the case may be.
H. Percentages: Where a gift, bequest or devise is expressed as a percentage in the
following Articles, it refers to the percentage of that portion of my gross estate
available for distribution unless a contrary intention appears in the Article.
I. Priority: Priority for distribution of the gifts and bequests herein made shall follow
the Article number with the lower numbered Article taking priority over any Article
appearing subsequently unless a contrary intention appears in the Article.
J. Encumbrance: When encumbered property has been specifically devised or
bequeathed, it shall pass under the terms and conditions of this Will subject to said
encumbrances, provided however, that any installment payments, current or past
~~-AJAJ
LICE M. BAIR
2
ALICE M. BAIR
File No. 21-06-W
due, on either principal or interest on such encumbrances may be paid by my
Personal Representative in his/her sole discretion.
K. Partial Invalidity: If any provision of this Will shall be declared inoperative or in
violation of any rule of law, such invalidity shall not affect the remaining provisions
of this Will and they shall remain in full force and effect.
ARTICLE 3. BURIAL: I direct that I be buried at with my deceased husband at the Gettysburg
National Cemetery.
ARTICLE 4. DEBTS AND FUNERAL EXPENSES: I direct that all my just debts and funeral
expenses appropriate to my station in life and custom of living (including appropriate monument
or marker for my grave) be paid as soon after my demise as may be convenient.
ARTICLE 5. ADMINISTRATION EXPENSES: I direct that all of the expenses of the administration
of my Estate including, but not limited to, probate and other Court fees and reasonable
commission for my Personal Representative and any attorney retained by my Personal
Representative, be paid as such expenses are incurred and as soon after my demise as may be
convenient.
ARTICLE 6. PAYMENT OF TAXES: I direct my Personal Representative to pay all inheritance,
estate, succession and legacy taxes of whatsoever nature and kind, to which my Estate or any
person receiving the transfer of any property passing hereunder or otherwise passing by reason
of my demise, may be subject and to charge such taxes against my Residuary Estate, it being my
intention that none of the aforesaid taxes, either federal or state, or any property required to
be included in my gross estate, under the provisions of any state or federal law now in force or
hereafter enacted, shall be prorated among the persons interested in my Estate to whom such
property is or may be transferred or to whom any benefit accrues.
ARTICLE 7. TANGIBLE PERSONAL PROPERTY: I give and bequeath all tangible personal property
owned by me at my death and all insurance policies on such property as follows:
A. Memorandum: To those individuals who survive me and who are designated on a
list, memorandum, or Bequest of Personalty form signed by me which refers to my
Will or is found with a copy thereof, I give and bequeath the item or items of
tangible personal property listed beside his/her name.
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ALICE M. BAIR
3
ALICE M. BAIR
File No. 21-06-W
B. Remainder Distribution: The balance of my tangible personal property (including
any items to be distributed under this Article, the bequest of which has lapsed)
shall become part of my Residuary Estate and distributed to the beneficiaries and
in the proportions herein provided. My Personal Representative shall have the right
to dispose of said remaining items of personalty, either in kind or in cash as a result
of liquidation thereof as my Personal Representative, in my Personal
Representative's sole discretion, deems appropriate under the circumstances. It
is my intent, however, that should any beneficiary of my Residuary Estate desire
to receive a particular item in kind which was not specifically bequeathed to that
beneficiary, to the extent reasonably possible, my Personal Representative shall
attempt, but not be obligated, to follow that beneficiary's request.
C. Safekeeping: If any beneficiary of any item of tangible personal property aforesaid
has not yet attained the age of eighteen (18) at the time of my death, I direct that
my Personal Representative, hereinafter named, to hold said items in safekeeping
for that beneficiary and to deliver the same to that beneficiary upon he or she
reaching age eighteen (18), or at such earlier age if my Personal Representative
deems the beneficiary to be of appropriate age and maturity to receive said items
of personalty. For these purposes my Personal Representative shall be entitled to
use or set aside from my Estate sufficient funds to provide for that safekeeping.
ARTICLE 8. SPECIAL BEQUESTS: I make the following special bequests, provided, however,
that with respect to any monetary bequests, such amounts shall be prorated in the event there
are insufficient funds left in my estate to pay the full amounts upon my demise:
A. I give and bequeath all of my jewelry to Jennifer Conaway;
B. I give and bequeath the sum of $20,000.00 to Jennifer Conaway;
C. I give and bequeath the sum of $10,000.00 to my great-niece, Kristan Myers;
D. I give and bequeath the sum of $10,000.00 to my niece, Bonita Pressler;
E. I give and bequeath the sum of $10,000.00 to my niece, Esther Swinehart;
F. I give and bequeath the sum of $10,000.00 to my nephew, Matthew Foltz;
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ALICE M. SAIR
4
ALICE M. BAIR
File No. 21-06-W
ARTICLE 9. RESIDUARY ESTATE: I give, devise and bequeath my Residuary Estate to Jennifer
Conaway.
ARTICLE 10. APPOINTMENT OF PERSONAL REPRESENTATIVE: I appoint Jennifer Conaway as
my Personal Representative.
ARTICLE 11. POWERS OF PERSONAL REPRESENTATIVE: In addition to the powers conferred
by law or under previous provisions of my Will, my Personal Representative shall have the
following powers:
A. Retention of Investments: To retain investments I may have at my death when
deemed advisable to my Estate or trust to do so;
B. Sale of Assets: To sell either at public or private sale any real or personal property
and to consummate said sale or sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title with special warranty, free and
clear of all trusts and without obligation or liability to the purchaser or purchasers to
see to the application of the purchase money or to make inquiry to the validity of the
sale or sales; and to make, execute, acknowledge and deliver any and all deeds,
assignments, options, or other writings which may be necessary or desirable in carrying
out any of the powers conferred upon my Personal Representative or otherwise;
C. Investment: To vary investments, when deemed desirable, then to invest in such
bonds, stocks, notes, real estate mortgages, or other securities, or in such property,
real or personal, as deemed wise, without being restricted to so-called "legal
investments" and without regard to diversification;
D.. Management of Real Estate: To manage real estate;
E. Options: To exercise any option or rights arising from ownership of investments;
F. Compromise of Claims: To compromise claims without Court approval and without the
consent of any beneficiary;
G. Disclaimer: To disclaim any interest in property;
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ALICE M. BAIR
5
ALICE M. BAIR
File No. 21-06-W
H. Elective Share: To clalm an electlve share of the estate of any deceased spouse I may
have;
I. Joinder in Tax Returns: To jOln wlth any spouse I may have ln the fHlng of any federal
lncome tax return for any year for whlch I have not fHed such return prlor to my death,
and to consent to the treatment of any glfts made by my spouse as belng made one-
half by me for glft tax purposes notwlthstandlng the fact that such actlon may result
ln addltlonall1abHltles for my Estate. Any lncome or glft taxes due on such returns and
any deflclendes, lnterest, penaltles, or refunds thereon, shall be allocated between
my Estate and my spouse and my spouse's estate, or all to any of them, ln such manner
as my Personal Representatlve and my sald spouse may agree;
J. Payment of Cost and Expenses: To pay all costs, taxes, expenses and charges ln
connectlon wlth the administration of my Estate or trust, lncludlng but not limlted to
my last debts and all funeral expenses;
K.. Division and Distribution: In Order to effectuate a dlvlslon of the prlnclpal of my
Estate or of any trust or for any other purpose, lncludlng flnal dlstrlbution, my Personal
Representatlve is authorized to make such dlvlsions or dlstrlbutlons of the personalty
and realty ln klnd or by way of l1quldatlon thereof ln whole or ln part as my Personal
Representatlve may deem appropriate under the clrcumstances. If a distributlon or
division is made in kind, said assets are required to be dlvided or distributed at their
respective values on the date or dates of thelr division or distributlon.
ARTICLE 12. NO BONDING REQUIREMENT: I direct that my Personal Representative, or
successors, shall not be required to give bond for the faithful performance of their duties in any
jurisdiction.
ARTICLE 13. EXCLUSION: It is not my intention to make provision in my Will for any relative
or any other person not expressly provided for herein, except for chHdren born to or legally
adopted by me after the date of this instrument. If any such person has not been expressly
mentlioned herein, he or she has been omitted by me intentionally and with full knowledge of
his or her relationship and existence, and not by any oversight or neglect.
ARTICLE 14. WILL CONTEST: In the event that any person, including a devisee, legatee or
beneficiary under my Will shall elther directly or indirectly seek to establ1sh or assert any claim
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ALICE M. BAIR
6
ALICE M. BAIR
File No. 21-06-W
to my Estate, or any part thereof, not authorized by my Will, or seek to impair, invalidate, or
set aside the provisions of my Will, or to have any of the trust provisions or estate distributions
limited, declared void or diminished or to defeat or change any of the dispositive scheme of my
Will, or shall endeavor to secure or take any part of my estate in any manner other than through
or under my Will, I hereby give, devise and bequeath to such person or persons the sum of Ten
Dollars ($10.00) and no more in lieu of any other share or interest in my estate. Provided further
that nothing in this Article contained shall prevent any beneficiary hereunder from bringing an
actlion against any fiduciary hereunder, for an accounting, nor from enforcing any statutory share
to which the beneficiary may be entitled.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this Jbay of ~
2006.
WITNESS:
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ALICE M. BAIR
{SEAL}
7
ALICE M. BAIR
File No. 21-06- W
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
55.
COUNTY OF CUMBERLAND
We, Alice M. Bail', Diane G. Radcliff, Esquire, and Harold M. Donley, 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 instrument as the Testatrix's Last Will and Testament and that the Testatrix had
signed willingly (or willingly directed another to sign for the Testatrix, and that the Testatrix
executed it as the Testatrix's free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses
and that to the best of their knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
{SEAL}
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WITNESS
Sworn to and subscribed to
before me this "G(ftday
of &~~1~A/ , 2006.
OMM ON'M-' . L'I"H (,') ,c j"'f'NNSY:.
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()eborah L. [)onley, Notaty Public :
",-'-"" Bora Cumberland County, ,
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My CommisSion EXP~~"':;~~~~.=~':':~uu.,._ '
Member, Penns'iivani3 k',:: ,"',:,' :;: ,. '
duLN.d4~1
NOTARY PUBLIC
My Commission Expires:
COMMG~Nj;::;:;..LItLOf PENNSYLVM.riA
f,iq"'irii'!! 8eal
Debc~": ' '>';,1;;\1', Notary Public
Camp}-!" : "'!ijOElrland County
My Cony' Sept 23, 2007
Of Notaries
Memhpr---'---
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LAW OFFICES
HOUCK & GINGRICH
ALBERT HOUCK (1933-1984)
RICHARD L. GINGRICH
JOSEPH E SIKORSKY
AARON L. GINGRICH
PLEASE REPLY TO:
23 N. WAYNE ST.
P.O. BOX 430
LEWISTOWN PA 17044
(717) 248.6751
AND
PO BOX 5897
BELLEVILLE PA 17004
(717) 935.2804
LEWIS TOWN OFFICE
April 15, 2008
Register of Wills & Clerk of Orphans' Court
Glenda Farner Strasbaugh
Cumberland County Courthouse
1 Courthouse Square
Carlisle P A 17013
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Dear Ms. Farner-Strasbaugh:
Enclosed are the following documents to obtain Letters Testamentary in the above
matter:
1) Petition for Probate and Grant of Letters - the executrix took her oath in the
Mifflin County Register of Wills Office;
2) Estate Information Sheet;
3) Death Certificate;
4) Original Last Will and Testament and COPY; and
5) Check in the amount of $349.00.
Please forward the Letters and short certificates to my Lewistown office. I enclose a
return envelope for your convenience. If you require anything additional, please contact my
Lewistown office. Your assistance in this matter is appreciated.
Very truly yours, / 1
, /\~ fJL~
_________'JOSEPH E SIKORSKY (~N
JES/lb
Encls.
pc: Jennifer Conaway