HomeMy WebLinkAbout11-13-08Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Frederick A. Kovacs No ~ ~ - U~ ` 1 ~ CuV
also known as
,Deceased Social Security No.133-07-9960
Petitioner(s), who is/are 18 years of age or older, apply(ies) for
(COMPLETE "A" OR "B" BELOW:)
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of execu
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of
for probate; was not the victim of a killing and was never adjudicated incapacitated:
(~ B. Grant of Letters of Administration
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix
Decedent, dated 7/20/2001 and codicil(s) dated
a., d.b.n.c.t.a.: pendente lite, durante absentia; durante mi
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was su
(if any) and heirs:
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I b`e followl7~'tj spouse~~
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 5315 Cobblestone Drive Mechanicsburg Lower Allen Township, Pennsylvania
(list street, number and municipality)
Decedent, then 87 years of age, died November 7 , 2008 , at Holy Spirit Hospital
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property ......................................... $ 109,000.00
(if not domiciled in PA)
(If not domiciled in PA)
Personal property in Pennsylvania ....................
Personal property in County ..............................
Value of real estate in Pennsylvania ........................................................................................
Total ..................................................................................................................... $ 109 000.00
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
O 1 . J ^ On ~ ~ ~ Signature% ` _ - A Typed or printed name and residence
Shirley I.
5315 Co
Drive
PA
RW-7
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Oath of Personal Representative
Commonwealth of Pennsylvania
COUnty Of Cumberland
The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed
before me this ~4 day of
~~ ~~
/' ' ~
DECREE OF REGISTER // 114
Estate of Frederick A. Kovacs Deceased No. ~ I - V O ~, ~ ~~ U
~ J - C~
also known as ~. r C? ~ __ .=
Social Secu typlo: 13~~ 60 Date of Death:11/7/200$- ~? ~ `
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AND NOW, ~~ ~ 2008 , in consideratlano#tllje Petition - -'
on the reverse side hereon, satisfactory proof having been presented before me, ~_ ~ ~ t ~ ~ ~_-
`~ , ,
IT IS DECREED that Letters ~ Testamentary ^ of Administration ~ -' `.~. ' ~'
(c.t.a., d.b.n.c.t.; pendente liter durante absentia; dugr~te minoRfat~J'~
are hereby granted to Shirley I. Kovacs
in the above estate and that the instrument(s), if any, dated July 20, 2001
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters
Short Certificate(s) .............
Renunciation ......................
Affidavit ( ) ...................
Extra Pages ( )...........
Codicil ...............................
JCP Fee ............................
Inventory & Tax Forms......
Other .................................
TOTAL
$ ~"'
$ v.~
~~
$ ~ ~~
$ " ~~' ~
Attorney: Linus E. Fenicle
I.D. No: 20944
Address: 2331 Market Street
Camp Hill
PA 17011
Telephone: (717) 763-1383
DATE FILED:
RW-7A
~~
ttorney
ul..urlcpr.Y.-rr~~,~,
~ Fee for this certificate. $(i.(10
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Certification Numher
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TYPE I PRINT IN
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I I. Name d Decedent IFirw, natMle, last, sunixj
5. Age ILasl Birthday)
87 Yrs
ab coanry d Dean
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This is to rertif~ that the Infurn)ation here girtn is
correctly copied From an ollgirrjil Certificate. of D(aath
duly Filed ~~~ith me as Lo(al R~.~,15trar. The orl~inal
certificate will he forwarded )o the Stute Vital
Records Office lur per~~ma~~nent filinll
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Loca( Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS l ~ , .E i
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CERTIFICATE OF DEATH ~~
(See Instructions and examples on reverse) -Li ~ ~ _I i
STATE FIIE Nq ~ -
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uecemoer .i0 1920 New York NY ®m bent „met
City, Boro, Twp of Deals 8d. FaciYly Name In nd iuddion, ~ ^ ER / Ompalienl ^ DOA ^ Narsing Moms ^ ge„denca ^omer - spe<~ly.
give street an0 nurser) 9. Was Decetlad d M~spanlc Orl in? ®No ^
9 Yas 10 Race. Amerrcan mtlian, Black, Wnile, we
ast Pennshoro In yes, speciry Cuban, I~aN
Hol S irit HOS ital Mexican, Puerto Ryan eto)
moss d arN
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Kind of WMx w bfe. Do not stale retired
Knd d Business I Industry 12. Was Decetlenl ever w Ise
U.S. Armed Farces? 13 Dece0enl'6 Educallan
(~'ry Only nghesl grade canpated)
14. Marital SIaWS
M
i TY1 `1 to
Contractor
Construction
Yea ^Na
Elementary ] Secantlary (0-12)
Cortege (1-4 or 0a) .
arr
eq Never Marrred.
Witloweq DHOrced I SpaaYy) 15. Survivin
9 Spouse III carte, ryve maiden narrwl
,O. DeaedenYa Mallmg AGlreaa tarsal,city/town. elate, zip cede)
5315
Cobblestone D
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Decedents
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Shirle I
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Mechanicsburg, PA 17055 e
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Anna Mar ardish
Shirle I , -
Y Kovacs 200. IdomwnYS Matting Addess ISaeet city! town, stale, zp coda)
21x. Method of DrsposOicn ~cremalan
^ DUllalwn
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32x. Date d Injury (Month, dey, Year) l
32D. Describe Row Injury OcCwretl bwae 0batlr
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selsl and manner as elated 3b S lure an07a
,- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
• Pronouncing arM cMilying phyaaian IPn siaan Wee
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D~apa,man Parma Na. 0251116
she\ctr\wills\KovacsF. Will
July 1R, 2001
LAST WILL AND TESTAMENT
OF
FREDERICK A. KOVACS
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I, FREDERICK A. KOVACS, of Harrisburg, Dauphin County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at
anytime heretofore made.
1.
2.
3.
FAMILY.
1.1 Identification of Family. I declare that I am married to SHIRLEY I. KOVACS
and that there are currently no children (as herein defined) of this marriage, however
I have one daughter, DEBORAH KOVACS, and one son, STEWART KOVACS,
from a previous marriage.
1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean
only SHIRLEY I. KOVACS. As used in this Will, the terms "my child" or "my
children" refers to all my natural children, adopted children, and stepchildren. As
used in this Will, the term "issue" refers to all lineal descendants of the indicated
person of all generations, with the relationship of parent and child at each generation
determined by the definition of "children" set forth in this paragraph.
PAYMENT OF BURIAL EXPENSES AND DEBTS.
2.1 Description of Expenses and Debts. I authorize my executor to pay all the expenses
of (1) a funeral or memorial service; (2) the internment of my remains, including the
costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. I further direct my executor to pay all
of my debts that my executor in his or her sole discretion may allow as claims against
my estate.
SPECIFIC BEQUESTS I give and bequeath the following:
A. To my daughter, DEBORAH KOVACS, I give the sum of Twenty-five Thousand
Dollars ($25,000.00) cash.
B. To my son, STEWART KOVACS, I give the sum of One Dollar ($1.00).
~,-
FREDERI K A. KOVACS
sheAch\wills\KovacsF. Will
July 1$, 2001
5. DISPOSITION OF RESIDUARY ESTATE.
4.1 Disposition to Spouse. All of the rest, residue and remainder of the property that I
own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the
time of my death (my "residuary estate"), I give outright and absolutely to my spouse,
SHIRLEY I. KOVACS, if she survives me.
4.2 In the event my spouse is not living on the sixtieth (60) day after the date of my
death, except as otherwise provided, I leave all the rest, residue and remainder of the
property that I own at the time of my death, both real and personal, and of every kind
and description, wherever situate, to which I may be legally or equitably entitled at
the time of my death (my "residuary estate") as follows:
A. One-sixth thereof to my step-daughter, VICKIE L. GRAY, if she
survives me. If my step-daughter, VICKIE L. GRAY does not
survive me, I devise and bequeath her one-sixth share to her issue per
stirpes who survive me. And if my step-daughter, VICKIE L.
GRAY does not survive me and does not have any issue who survive
me, then this one-sixth share will be added equally to the shares of
my other herein named step-children and step-grandchildren as set
forth herein.
B. One-sixth thereof to my step-daughter, DEBRA K. CHRISTIE, if
she survives me. If my step-daughter, DEBRA K. CHRISTIE does
not survive me, I devise and bequeath her one-sixth share to her issue
per stirpes who survive me. And if my step-daughter, DEBRA L.
CHRISTIE does not survive me and does not have any issue who
survive me, then this one-sixth share will be added equally to the
shares of my other herein named step-children and step-grandchildren
as set forth herein.
C. One-sixth thereof to my step-son, DAVID W. LAMBERT, III, if he
survives me. If my step-son, DAVID W. LAMBERT, III does not
survive me, I devise and bequeath his one-sixth share to his issue per
stirpes who survive me. And if my step-son, DAVID W.
LAMBERT, III does not survive me and does not have any issue
who survive me, then this one-sixth share will be added equally to the
shares of my other herein named step-children and step-grandchildren
as set forth herein.
D. One-sixth thereof to my step-daughter, PAMELA RAE SMITH, if
she survives me. If my step-daughter, PAMELA RAE SMITH does
not survive me, I devise and bequeath her one-sixth share to her issue
2 FRED CK A. KOVACS
she\ctr\wills\KovacsF. Will
July I d, 2001
per stirpes who survive me. And if my step-daughter, PAMELA
RAE SMITH does not survive me and does not have any issue who
survive me, then this one-sixth share will be added equally to the
shares of my other herein named step-children and step-grandchildren
as set forth herein.
E. One-sixth thereof to my step-daughter, TRACY L. ROGER, if she
survives me. If my step-daughter, TRACY L. ROGER does not
survive me, I devise and bequeath her one-sixth share to her issue per
stirpes who survive me. And if my step-daughter, TRACY L.
ROGER does not survive me and does not have any issue who
survive me, then this one-sixth share will be added equally to the
shares of my other herein named step-children and step-grandchildren
as set forth herein.
F. One-sixth thereof to be divided equally between my step-
grandchildren and my wife's grandchildren, LISA MARIE
WHITEBREAD, SCOTT CHRISTOPHER WHITEBREAD and
TIMOTHY RICHARD WHITEBREAD if they survive me. If any
of these named step-grand children and my wife's grandchildren do
not survive me, I devise and bequeath his or her share of this one-
sixth of my residuary estate to his or her issue per stirpes who survive
me. If any of my named step-grandchildren and my wife's
grandchildren do not survive me and does not have any issue who
survive me, then I devise and bequeath that share to be added equally
to the shares of my other herein named step-grandchildren as set forth
herein
5. POWERS OF ADMINISTRATION.
5.1 Grant of Powers. My executor, in the administration of my estate, (my
"fiduciaries") shall have the powers and authorities set forth in this Article 4. These
powers and authorities may be exercised by my executor and trustee in their sole and
absolute discretion, without the permission or order of any court. These powers shall
be supplementary to those conferred by law, including, but not limited to, those set
forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
5.2 Retention of Assets. My fiduciaries shall have the power to retain any or all
property of my estate or trust, however received and acquired, for so long as they
deem appropriate. This power may be exercised even though the property may not
be of the type authorized by law for investment, and even though the retention may
leave a disproportionately large amount of the value of my estate invested in one type
of property.
3 FREDERI A. KOVACS
she\ctr\wills\KovacsF. Will
July 1R, 2001
5.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or into the trust
corpus at or after my death. The sale, transfer, or conveyance may be by public or
private sale, at such time, on such terms and conditions, including selling price and
credit, in such manner, and for any reason that my fiduciaries deem appropriate,
including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
5.4 Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate or in the trust corpus in preferred and common stocks, bonds, notes,
common trust funds (including any managed by any corporate fiduciary), interests in
investments, trusts, mutual funds, leases, mortgages on property wherever located,
and, generally, in any property and in proportions of property as my fiduciaries deem
advisable, even though the investments are not of the character or proportions
authorized by applicable law for the investment of the funds.
5.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate or in the trust
corpus to secure repayment of any loan, as well as the power to renew existing loans
either as maker or endorser.
5.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power
to hold any property in the name of a nominee or in bearer form.
5.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests,
as amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
5.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in any one or more of the following
ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the
debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the
beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for
the beneficiary under any law related to gifts to minors, including to my fiduciaries
in that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds
so paid, provided due care was exercised in the selection of the person to whom the
~~~
4 ~ FREDEI~ K A. KOVACS
she\ctr\wi] Is\KovacsF. W it I
July 1$, 2001
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
5.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate or the trust corpus may be invested
largely or entirely in the business, without liability for any loss resulting from lack
of diversification; (2) the power to act as or to select other persons to act as directors,
officers, or employees of any business, to be compensated without regard to being a
fiduciary under this Will; and (3) the power to make any other arrangements in regard
to any business as my fiduciaries shall deem proper.
5.10 Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
5.11 Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate or of the trust without
the approval of any beneficiary or of the court, but subject to allowance or
disallowance on the settlement of the final accounts of my fiduciaries.
5.12 Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
6. PAYMENT OF DEATH TAXES.
6.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under this Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
6.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death shall be paid out of my residuary estate and shall not be deducted or
collected from any beneficiary under this Will or other transferee.
~~ ~~~~~-
5 FREDE K A. KOVACS
she\ctr\wills\KovacsF. Will
July 1,8, 2001
7. EXECUTOR.
7.1 Appointment. I name, constitute, and appoint my spouse as executor of my estate.
If my spouse shall not survive me, shall not serve as executor for any reason, or shall
cease to serve as executor for any reason after appointment VICKIE L. GRAY and
DAVID W. LAMBERT, III, shall act as Co-exec>.ztors in her place.
7.2 Bond Not Required. None of the individuals named in Section 7.1 shall be required
to furnish a bond for the faithful performance of his or her duties as executor.
8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH.
For the purposes of this Will, in determining whether a person has survived me or another
person, (1) my spouse shall be deemed to have survived me it unmistakably appears by proof
that she predeceased me; and (2) in all other cases, a person shall not be deemed to have
survived me or another person if he or she dies within sixty (60) days of my death or of the
death of the other person.
9. LIABILITY OF EXECUTOR.
My executor and trustee shall not at any time be liable for mistake of law or of fact, or both
law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this
Will, or to any other persons, except through actual fraud or willful misconduct on the part
of the executor or trustee. My executor or trustee may, from time to time, consult with
counsel with respect to the meaning, construction, and operation of this Will, particularly
with respect to the appointments, allocations, .and disbursements, and may act on the advice
of counsel in all matters without incurring liability on account of his or her actions.
10. INTERPRETATION.
11.1 Will Not Contractual. My spouse and I are executing Wills at approximately the
same time, in which each of us is the primary beneficiary of the Will of the other.
These Wills are not being executed pursuant to any contract to make a Will or any
contract not to revoke a Will. The Will of each of us is revocable at any time,
whether before or after the death of the other spouse, at the sole discretion of the
spouse making the Will.
11.2 Successors of Fiduciaries. All pronouns referring to an executor or trustee and the
terms "executor" and "trustee" shall be construed to mean any person acting as my
executor, co-executor, co-trustee, trustee, or administrator, as the case may be.
11.3 Number and Gender. If required by the context of this Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
6
she\ctr\wills\KovacsF. Wil]
July 1$, 2001
11.4 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
11.5 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of seven (7) typewritten pages, the first six (6 of which bear my signature in
the margin for the purpose of identification, this ~-o day of , 2001.
~.
F DERICK A. VACS ,TESTATOR
Signed, sealed, published and declared by the above-named Testator, FREDERICK A.
KOVACS, as for his Last Will and Testament, in the sight and presence of us, who, at his request,
in his sight and presence and in the sight and presence of each other, have hereunto subscribed our
names as wi e es. ~~
Address 2~~~ %y~~!a~~~.~'/
!~j~~ ~
Address ~~k~ / ~~~ ~ /-~~ ~
she\ctr\wills\KovacsF. Will
July ]g, 2001
COMMONWEALTH OF PENNSYLVANIA )
it SS.
COUNTY OF ~~u~-e~L ~~c~. )
I, FREDERICK A. KOVACS, THE TESTATOR, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST
WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY FREDERICK A.
KOVACS, THE TESTATOR THIS ~O ~" DAY OF ~l~G J 2001.
NOTARIAL SEAL ~
CASSANDRA T. ROSENBAUM, Notary Public DE CK A. K VACS, Testator
Harrisburg, Dauphin County ~..~
My Commission Expires December 4, 2004 1-C~7c. c ~- ~~
Notary Public `
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF ~~.A~iY12_~~-~%ZCPcit~~ I
WE, L-~~~,~ ~ , ~~^//CGC AND ~~~ i~~r/ l~: ~.~-/c-
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL
AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO ORE ME, THIS o ,<y DAY OF
~l~C. ~ , 2001. _ ,
Witness
NOTARIAL SEAL
CASSANDRA T. ROSENBAUM, Notary Public L /j.,
Harrisburg, Dauphin County fitness
My Commission Expires December 4, 2004
,,/ ~--
~d=~~ZF.L=Itr~h Ott ~ *~' ~1l ~~C-L/~-v~~
Notary Public