HomeMy WebLinkAbout06-02-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of CHRISTINA M. SMELTZER ~\ OC,~ ~~ `1 i
also known as File Number `~'
,Deceased Social Security Number 187-32-5077
KENNETH L. SMELTZER
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or `8' BELOW.•)
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
last Will of the Decedent, dated EXECUTOR named in the
05/23/2008 and codicil(s) dated
State relevant cimumstances, e. g., renunciation, death of executor, etc.
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:
^ B. Grant of Letters of Administration
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: (/f
Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.)
Relationship
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(COMPLETE /N ALL CASES:) Attach additional sheets if necessary.
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at; ~-=-' ~ `i _
531 BRIDGEVIEW DRIVE, BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PA 17043 ; ~, =-+ ~ -
(Liststreet address, town/city, township, county, state, zip code) '
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Decedent, then ~
68 years of age, died on 05/07/2009 at 531 Bridgeview Drive, Lemoyne, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $
(If not domiciled in PA) Personal property in Pennsylvania $ 700,000.00
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
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:
Signature T.._ _
!(.~ ~ .
L. SMELTZER
Form RW-02 Rev. tats_~nna
or printed name and residence
Lemoyne, PA 17043
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of 2
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. q
Sworn to or affirmed and subscribed `C't~ L ; ~~I~. _" "~,Z2JL-
SignatureofPersona/Representative KENNETH L. SMELTZER
before me this ~_ day of
(~ C Signature of Personal Representative
For the Register Signature of Personal Representative
I
File Number. ~~ 1 ~ (?'I 6 lu
Estate of CHRISTINA M. SMELTZER v ' I ,Deceased
Social Sgcu ity Numb r: 187-32-5077 Date of Death: 05/07/2009
AND NOW, ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before , IT IS DECREED that Letters Testamentary
are hereby granted to KENNETH L. SMELTZER
in the above estate
and that the instrument(s) dated 05/23/2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Letters ................~D..~E~~
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Short Certificate(s)..........~.........
Oath of Personal Representative
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$_ ~~
$ ~ ll'
Renunciation(s) ............................. $
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$
Supreme Court I.D. No.: 18039
Johnson Duffie
Address: 301 Market St.
$ PO Box 109
$ Lemoyne, PA 17043-0109
$ Telephone: (717) 761-4540
$
$
TOTAL .................................... $ v(
Form RW-02 Rev. 10-~3-2oos
Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Attorney Name: RICHARD W. STEWART
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph,
Fec for this ~ertificltc. S6.(?+)
P 1~~_~~~42
Certif^ic~ttiun Number
This is to certilr~ that the infurlnaGun here riven
eorrectly copied: li~um an un~rin;ll t'ertificate of Dc duiv filed wsth me as Locul Re~ri~trar_ The ori~si certificate mill tic 1<ir~tiarded u, the State Vi
Records Office for permanent filing.
MAY 1 2 2001
LI>caJ Re°~istrar Date Issned
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iEV 11!2006 COMMONVt+EALTH OF PENNSYLVANIA • DEPARTMENT OF EiEALTH + \IITAI_ !9F_CORDS
PRINT IN
ANENT CERTIFICATE OF DEATIi
KINK
{See instructions and examules on reverse) __.__ __ _ %~ ~ (1 l1C" I ~.
1. Name oI Decedent (First, midtlk, last, sufllx)
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Sex __.._..__._. _.
Social Securit
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Number ^T _._„ ~ k y I U J l
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Death (Month; day, year)
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5. Age (Last Bidhday) Untler 7 year Untler t day 6. Dale of Bidh (Month, day, year) 7. Didhplace (City and slal¢ or loreign counhy) Oa. Place of Death (Check only one) -~-
Manlh6 Deys Hdrrs Minutes
68 yre. May 21, 1940 HOSP IPI- Other'
Czech Republic ~^lnpat¢,t ^ER/otil
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Bb. County of Death Bc. City, Roro, Twp. pl Death 8d. Facility Name (II not inslllulion, give sti¢¢I and 11 tuber) 9. Was Decetle tl of Fl spa f 0'g ,? ®Iq: ^ Yes 1(1. Rxe' Ame ca, Ionian. Black. White, etc.
I III yes, specily Cuban, ($pervllh
Cumberland Lemoyne 531 Bridgeview Drive
Mexican.PUenoRican,ere)
white
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1 t. Decedent's Usual Occu atbn Kind of work done dodo moll of workm lile_ De nql slate retired) 12 Was Dec¢danl aver In the 13. Decedent's Educafon (Sp¢cily only highest grade eomplet¢U) t L Mar I¢I $12R s. Ma ed, Ne r Mn tern 15 Su v v ,g 51>or se III w'e q v= ma Uen name)
Kind of Wark Hind of Business / Intlusl U.S. Armed Forces?
ry W'tlowed. D rceU (Sprc.l )
Elemetlary/Secondary (0~1~) Calleg¢(1-J Or S+)
Homemaker Domestic ^ves ®Np 12 ~ 4 Married Kenneth L. Smeltzer
76. Decedent's Mailing Address (SlreeL city /sown, state, zip code) Decedent's
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Penn Sy !van la
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531 Bridgeview Drive ctua
esidence I7a. SI¢le Llve in a 1 ic. ^ Yes, Decedem Loved In
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Lemoyne PA 17043 nb,cpgmw nwns
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Cumberland nd®NaD¢eed¢mL,vrdr°gam Lemo ne I
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~ Aaua Limits nl
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18. Father's Name (First, middle, last, suffix) 19. Mother's Name (First, middle, maiden surname) I
Kurt Messner Ernestine Imtraude Jaschke 'I
20a. Inlormznl's Name (Type /Print) 20b. Inlomt2nl's Mailing Address ISlreel, city I town, slab, zip code)
Kenneth .L. Smeltzer, MD 531 Bridgeview Drive, Lemoyne, PA 17043
21a. Method of OiSposilion ®Cremation ^ Donation 21 b. Oalo nl Disposition IMOnIh, day, year) 21 c. Place of Disposition (Name el centelery, cremaloty or olh¢r place) 21 d. Localton (City I town, slate, zip code)
^ Buriat ^ Removal Irom Stale ~;' Was Cremetlon or Donation Authodzetl
^ Other-Speciy: ! byMedlcalExaminerlCoroner? Ov¢5^Np
May 8, 2009
Evans Crematory
Sehaefferstown, PA 17088
22a. Sign ore of uneral ' e Lice or person acting as such) 22b. Lkanse Number 22c, Name and Address of r-acilily ~.
FD 013 340 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070
Canplele Items 23a-c only when cetlilying 23a. To dre best of my knowledge, tlealh a;curr¢d al thr time, dale and place slalerl. (Signat
ure and line)
23b. License Number _
23c. Date Signed (Month, daq. y¢a0
physician is not available al time d death to
cenily cause of death.
Items 24-26 must be completed by person 24. Time of Death 26. Dale Pronalnc¢d Dead (Month, day, year) 26-Was Case Rel¢rred Io Medical Examtnet I Coronet for a Reason Other u,an Cremation or Donation?
who pronounces tlealh. L~ ~ '7 ~ ,I.1 M. ~ 0 ^ Yes [~ No
CAUSE OF DEATH (See instructions and exampl ;) ~ App or male Interval; Pan IC Enle olhe ~ i~al I co,tlil~c~+nlri~titq lQifg0l1, 28. Dttl Tobacco Use Conr brae to Death?
Item 27. Pan I. Enter the Chain of events- diseases, Injunes, or complications- Thal directly caused the <lealh. DO NOT onler !ermine! even ts such as cardiac arrest, Ons¢I I Daalh but tot as II',g in the ndm 71%,q catt.e gven to Pan I. ^ 1'es ^ Probably
respiratory arrest, or ventricular librillallon wllhoul showing the etiology. List only one cause on each line.
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IMMEDIATE CAUSE (fFinal Disease or j
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Enter the UNDERLYING CAUSE -q lance oq. ~
^ ploi preynant, hui
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(disease or injury that inili2led the c
evens resulting m death) LAST of tlealh
Due to (or as a consequence ol), ^ pia pregnant nut pregnanl 43 Uays In t year
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^ Unltnpwn it pregnanl vnlhin the pall year
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30a Was an Autopsy 30b. Were Autopsy Findings 31. Manner of Death 32a. Dote of Injury (MOnlh, day, year) 32b. Describe Hnw Injury Occurmd 32c. Plate of Inj y H e Fz r, Slreel Factory.
Performed? Available Pr or to Compl¢I ~1.~,.
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^ Yes ~No ^Ves ^ No ^ AcclUenl ^ Pe I'ng Invesllgnlon 32d. 7im¢ of Ilqury
^ Suc de ^ Could Nal be Determined 32e. Inryry al Work? 321. 111 pot Ibn Inju y (SPPtrly) 3.q ~ncal o, of l yr ry fS e¢t c Iv / t nor. stale)
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33a. Cedl'er (check only one) - 33b. Si9nalure aM Title of Cerlilirr , ~~
Cedifying physrcran (Physcia~ cart lynn cause of death wre, anolhw phys c an has pro,ot aced Death and compl¢lerl Irom 23) ~ t/t I ~ i y ~ C~ I'1 r S ~ ~.-~~ ;} qC~~,
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To the best of my knawl¢Uge, death ocm rred due to the cause(s)and man to as staled _______________________________ (yu
i Pronouncing and cerblying physician (Physic an both praror n lg d Ih a ul c rl ly nq I c rse of death)
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Last Will and Testament ~~~-..~ ~-_-~
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CHRISTINA M. SMELTZER ~• ~ ~=
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I, CHRISTINA M. SMELTZER, of the Borough of Lemoyne, County of ~urr~berland,,
and Commonwealth of Pennsylvania, declare this to be my last Will and revoke any Will
previously made by me.
ITEM I. I bequeath my household and personal effects and other tangible personalty
of like nature (not heretofore specifically bequeathed and not including cash or securities) to my
husband, KENNETH L. SMELTZER, if he survives me by thirty (30) days. Should my
husband, KENNETH L. SMELTZER, predecease me or die on or before the thirtieth (30th) day
following my death, I bequeath my household and personal effects and other tangible personalty of
like nature (not heretofore specifically bequeathed and not including cash or securities) together
with any existing insurance thereon to my daughter, KRISTIN L. SMELTZER SCHAEFFER.
ITEM II. If my husband, KENNETH L. SMELTZER, survives me, (and I direct
that for the purposes of this Item of my will, he shall be deemed to have survived me unless it
appears unmistakably that he predeceased me) and if the federal estate tax due because of my death
will be reduced by making this gift for his benefit, I devise and bequeath to my husband,
KENNETH L. SMELTZER, the least amount (based upon values as finally determined for
federal estate tax purposes) as would be needed for the federal estate tax unlimited marital
deduction to reduce the federal estate tax to the lowest possible figure after full use of all other
deductions and credits allowable in calculating the federal estate tax except that such amount shall
be calculated without regard to the augmenting of my taxable estate by reason of the generation-
skipping transfers and without regard for any credit for state death taxes that would otherwise be
payable. Accordingly, I direct that:
A. If the marital deduction or any similar benefit is allowable with respect to
any property, including property held by entireties, which my husband has received prior to my
death or at my death will receive otherwise than pursuant to this Item II, the value of such property
shall be taken into consideration in calculating the size of the gift under this Item II.
B. No property ineligible for the marital deduction or any similar benefit shall
be distributed to this gift for my husband, KENNETH L. SMELTZER, under this Item II.
C. Either cash or investments or both may be allocated to the gift under this
Item II.
D. Any property allocated under this Item II in kind shall be valued at the value
at which it is finally included in my gross estate for federal estate tax purposes, provided that the
aggregate market value thereof on the date of allocation (plus the value as finally determined for
federal estate tax purposes of all other property qualifying for the marital deduction) is at least
equal to the dollar value of the marital deduction as finally determined for federal estate tax
purposes.
ITEM III. Should my husband, KENNETH L. SMELTZER, fail to survive me, I
devise my real estate known as 531 Bridgeview Drive, Lemoyne Borough, Cumberland County,
Pennsylvania, to my daughter, KRISTIN L. SMELTZER SCHAEFFER.
ITEM IV. Should my husband, KENNETH L. SMELTZER, fail to survive me, I
bequeath the sum of One Hundred Thousand ($100,000.00) Dollars to HOLY SPIRIT
HOSPITAL.
ITEM V. I devise and bequeath the residue of my estate of every nature and wherever
situate to the Trustee, hereinafter named, IN TRUST for the following uses and purposes:
A. To pay the net income therefrom to my husband, KENNETH L.
SMELTZER, for and during his lifetime in such periodic installments as Trustee shall find
convenient, but at least as often as quarter annually.
B. As much of the principal of this trust as Trustee, in its sole discretion, may
from time to time think advisable for the support of my husband to maintain him in the station of
life to which he is accustomed at my death, or for the support and education (including college
education both graduate and undergraduate) of my issue or during illness or emergency, shall be
either paid to him or their or any of their benefit by Trustee after taking into account his or their
other readily available assets and sources of income. Distributions to issue need not be equal, nor
need all issue be included in all distributions.
C. Trustee may apply the net income of this trust for the support of my
husband, KENNETH L. SMELTZER, should he by reason of age, illness, or any other cause, in
the opinion of the Trustee, be incapable of disbursing it.
D. In addition to the above provisions, my husband shall have the power to
direct Trustee to pay to him or to apply out of principal in each year, including the year of my
death an amount not in excess of the greater of Five Thousand ($5,000.00) Dollars or five (5%)
percent of the then aggregate value of the trust principal. This power is noncumulative and can be
exercised only by an instrument in writing signed by my husband and delivered to Trustee.
E. Upon the death of my husband, KENNETH L. SMELTZER, if my
mother, ERNA I. MANCHESTER, is then living, the Trustee shall set aside the sum of Two
Hundred Thousand ($200,000.00) Dollars and hold the same, IN SEPARATE TRUST, for the
following uses and purposes:
1. As much of the income as is necessary to support my mother,
ERNA I. MANCHESTER, in the station of life to which she is then accustomed, shall be either
paid to her or else applied directly for her benefit by the Trustee. The Trustee shall not have the
power to expend the income for my said mother for confinement in a nursing home or other center
if she requires skilled nursing service.
2. Upon the death of my said mother, any undistributed or accumulated
income and the principal shall be added to and treated as a part of the Trust as created in Paragraph
F below.
3. Similar provisions for the benefit of ERNA I. MANCHESTER are
contained in the Will of my husband executed this same date and it is our intention that there be
only one trust containing $200,000.00 for the benefit of the said ERNA I. MANCHESTER so
that the trust is not doubled. It is our intention that the trust be funded out of the estate of the
survivor of my husband and I to the extent possible and to the extent not so satisfied then the
unpaid balance shall be satisfied out of the estate of the one first to die.
F. Upon the death of my husband, KENNETH L. SMELTZER, the Trustee
shall distribute the then remaining principal and any accumulated or undistributed income (after
the share created in Paragraph E above) to my daughter, KRISTIN L. SMELTZER
SCHAEFFER, if she is then living. If the said KRISTIN L. SMELTZER SCHAEFFER is not
then, the then remaining principal and accumulated or undistributed income shall be distributed to
the then living issue of my daughter, KRISTIN L. SMELTZER SCHAEFFER. Should there be
no issue of my said daughter then living, the then remaining principal aiid accumulated or
undistributed income shall be distributed to HOLY SPIRIT HOSPITAL.
G. Should any person entitled to distribution from the Trust be, in the opinion
of the Trustee, incapable of disbursing it because of age, illness, or other cause, and should it be
impossible or inadvisable, in the opinion of the Trustee, for such share to be awarded to such
person or distributed to another for such person's benefit, the share of such person shall be held, IN
FURTHER TRUST, and Trustee shall accumulate the income and shall apply from time to time
such portions of income, accumulated income, and principal as it thinks proper for that person's
support and education (including education in college, trade school or graduate school) without
regard to his or her parent's ability to provide for such support and education, or to make payment
for these purposes without further responsibility to the beneficiary or to the beneficiary's parent, or
to any person taking care of the beneficiary. Any principal or income not so applied shall be
distributed to the beneficiary when he or she becomes of age or competent, or to the personal
representative of the beneficiary's estate in case of death during minority or before becoming
incompetent.
H. The interest of the beneficiaries hereunder shall not be subject to
anticipation or to voluntary or involuntary alienation.
ITEM VI. I direct that all taxes that may be assessed in consequence of my death, of
whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate.
ITEM VII. My Executors and Trustees shall have the following powers, in addition to
those vested in them by law, and by other provisions of any .Will applicable to all property,
whether principal or income, including property held for minors, exercisable without court
approval and effective until actual distribution for all property:
A. To retain any or all of~ the assets of my Pstate, real or personal, including
stock of my corporate fiduciary or of its parent holding company; without regard to any principle
or diversification;
B. To invest in all forms of property, including stocks, common trust funds and
mortgage investment funds whether operated by my corporate fiduciary or others, without
restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without
regard to any principle or diversification.
C. To sell at public or private sale, to exchange or to lease for any period of
time, any real or personal property and to give options for sales, exchanges or leases, for such
prices and upon such terms or conditions as they deem proper.
D. To allocate receipts and expenses to principal or income, or partly to each,
as they, from time to time, think proper in their sole discretion.
E. To borrow from, or to sell to, my Trustees even though such Trustees may
be my Executors.
F. To compromise any claims or controversy.
ITEM VIII. In dealing with the stock of any close corporation, any partnership or any
other business interest forming a part of my estate, I authorize my Executors and Trustees:
A. To disregard any principal of investment diversification and to retain any
part or all of such interest as long as they consider it advisable to do so:
B. To sell any part of all of such interest at such time or times, for such prices,
to such persons (including persons who are beneficiaries hereunder), and on such terms and
conditions as they may think desirable;
C. To do anything that may seem advisable with respect to the operation or
liquidation of any such business or any change in the purpose, nature, or structure of any such
business;
D. To delegate authority to any director, stockholder, manager, agent, partner,
or employee, and to approve payment from the business of adequate compensation to any such
person;
E. To cause the business to borrow money from the banking department of my
corporate Trustees, regardless of any rule of law with respect to conflict of interest; and
F. To make additional investments in any such business if such action seems
desirable for the best interests of my estate and the beneficiaries thereof.
ITEM IX. I appoint my daughter, KRISTIN L. SMELTZER SCHAEFFER, Trustee
of any Trust created by this my Last Will. Should my daughter, KRISTIN L. SMELTZER
SCHAEFFER, fail to qualify or cease to act as Trustee I appoint my son-in-law, TIMOTHY D.
SCHAEFFER, Trustee.
ITEM X. I appoint my husband, KENNETH L. SMELTZER, Executor of this my
last Will. Should my husband, KENNETH L. SMELTZER, fail to qualify or cease to act as
Executor, I appoint my daughter, KRISTIN L. SMELTZER SCHAEFFER. Should my
daughter, KRISTIN L. SMELTZER SCHAEFFER, fail to qualify or cease to act as Executrix, I
appoint my son-in-law, TIMOTHY D. SCHAEFFER, Executor of this my last Will.
ITEM XI. I direct that my Executors and Trustees shall not be required to give bond
for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I, CHRISTINA M. SMELTZER, Testatrix, have hereunto set
my hand and seal this ~ ~ day of ~ti~ _, 2008.
SEAL
RISTINA M. SMELTZE
~.~
AFFIDAVIT AND ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
We, CHRISTINA M. SMELTZER, ~ t c,t-,~< .-v~ / o~ ~ r~~~~, ~ ~ and
~~,~ ~ , ~e-t-~Q ~ ~~ ,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 her
Last Will and that she had signed willingly and that she executed it as her 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 witness and that to the best of his/her knowledge the Testatrix was at
that time eighteen years of age or older, of sound mind and under no constraint or undue influence.
~~
CHRISTINA M. SMELTZER
Witness
Witness
Subscribed, sworn to and acknowledged before m CHRISTINA M. SMELTZER,
Testator, ~ and subscribed and sworn to before me by t ~ ~ i~ and
^I~ '(~ ~ ~ - ,witnesses, this ~ day o ~ , 2008.
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Notary is
COMMONWEAL~fH OF PENNSYLVANIA
Notarial Seal
Dena L Wlesernan, Notary Public
Lemoyne Boro, Cumberland Courly
My Commissiat E>~ires Nov. 15, 2008
Member, Pennsylvania Association pf Notaries