HomeMy WebLinkAbout09-15-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
-- _ __
Estate of Donald Laverne Murray File Number 21-09- ~ ~[~In2.
also known as Donald L. Murray
Deceased Social Security Number 198-22-9921
Donald L. Murray
Petitioner(s), who isfare 18 years of age or older, apply(ies) for:
(COMPLETE `A' or `B' BELOW)
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the
last Will of the Decedent, dated 11/10/2007 and codicil(s) dated
State relevant cimumstances, e.g., renunciation, death of executor, etc. n ~=~
'- ~, -. '
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution"Qf~ instrum~(s) ofFere¢~
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~"p ~ -~ _';:; ;_~
_i ~~ J^ ~. ... ... J
B. Grant of Letters of Administration
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Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following s~use (if any) ~1 heirs: (If ~?
Administratton, c. t. a. or d. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.) ~
Name Relationship Residence
Carol D. Murray Daughter 138 Orange Street
Shippensburg, PA 17257
Robert E. Murray Son 218 Chestnut Street
Mount Holl S rin s PA 17065
(COMPLETE /N ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal residence at
218 Chestnut Street, Mount Holly Springs, Mount Holly Springs Borough, Cumberland, PA 17065
(List street address, town/city, township, county, state, zip code)
Decedent, then $0 years of age, died on 09/08/2009 at
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 $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
50,000.00
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 Typed or printed name and residence
Donald L. Murray 218 Chestnut Street
!1 ~ Mount Holly Springs, PA 17065
ti
Fomr KW-()Z Rev. f0-13-2006 Copyright (c) 2006 fonn software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
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The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me this __ I ~t~l day of
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nor Register
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File Number: 21-09-~~VoZ ~ ~ r "~
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Estate of Donald Laverne Murray , Decea~-'' ~ '_'
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Social/SeFCUrity Numbe~rJ: f +19L8~-22-9921 Date of Death: 09/08/2009 ~
AND NOW~Li~~I~C~-~ I LJ ~~(~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Donald L. Murray
in the above estate
and that the instrument(s) dated 11/10/2007
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) ........................ $
Renunciation(s) ............................. $
Will
JCP
Automation fee
Register o! lrlls /'~
12.00 ('"~/~~,_~,,__
Attorney Signature: ~ L) , ~=
.y
15.00 Attorney Name: George F Douglas, III Esq.
10.00
Supreme Court I.D. No.: 61886
5.00
SALZMANN HUGHES PC
Aaaress: 354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Telephone: 717-249-6333
$
$
$
$
$
$
$
$
$
TOTAL .................................... $ ~~
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Form RW OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
Signature of Personal Representative
Page 2 of 2
Signature of Personal Representative
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH-a
WARNING: It is illegal to duplicate this copy by photostat or photogr~-~,h.
Fee fur lhi, certificate. $6.0(1
P 15729867
Certification '.Number
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H105-143 REV I1y2006
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) ~r,rG ~„ ~ ~,,,,,,~p
1. Name of Decedent (FlrsL middle, lest, sulYix) 2. Sex 11 3. S«lel Security Numher 4. Dale of >~(AYont fay, year)
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' VI 198 - 22 - 9921 rr
5. Age (last &nhday) Udder 1 year Untler 1 aay 6. Date of BiM (Month, day, year) 7. elnhpace (Cey aril state ar loreign country) ea. Place of Death (Check ony as)
t"°r'"' °°" ""°°' '"°"° Mt.Holl Springs, "°ap'lel omer:
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Inpaf nt ^ ER / Outpatient ^ DOA ^ Nursing Home ^ Residemx ^Omer- Specify:
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t aM number) 9. Was Decedera of Hispanic Origin? No ^ Vas 16. Raw: Amerken Indian, &ack, While, ek.
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11. DacedenYS lhtel f KiM d work done du' most d Me. Do rpl slate 12. Wes Decedent ever k the 13. DecedenYS Educatlon (Spetly Doty higMet grade oampleted) I4. Merttal 3alus: MemM, Never Martied, 15. Surviving S{xxse (If wife, gNe maitlen name)
KIM d Work Kind d Btskwss I hduslry U.S. Amretl Forces? Elementary /Secondary (0-12) C°Ilega (1i « St) WdovreJ, a"0~ I~aM
Laborer Ralston Purina ^Yaz C}~Nn Widowed
• 16. DewdenYS Mailing Atltlress (SbeeL aN /town, state, zip code) DecerknYs Did Decedent
218 Chestnut Street Acmel Reeid«Ke 17a. Slate P d . Live k a 170 ^ vea, Decatlenl Lived le Twp.
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18. Famm'a Name (Fml, coddle, IasY suffix) 19. Mother's Name (Flrst, middle, maiden summw)
Archie u Anne Smith
20a. InfortnanYS Name (type I Pnnt) 20b. IntormanYS Mailing Atltlrazs ISaeet ciy! town, slate, zip ~wtle)
Robert E. Murra 218 Chestnut Street Mt.Holl Springs,Pa.17065
21 a. Me1hM d Disposh'lon ~ Crema6on ^ DarsOOn
w 210. Date of Dispapien (Month, day, year) 21c. Platy of pnposl0on (Name «wmetery, cremelery «omer pmw) 21 tl. Locatkn (City 1 town, sale, Zip IXltle)
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~lyea^NO Sept. 12 2009 Hollinger FH/Crematory Inc. Mt.Holly Spgs.Pa.1706
~ 22a. SigrmNm of Fun«al Service lice (« person acting az slschj 220. Ucense Number 22c. Name aM Address of Fadlhy 5 01 N . Ba 1 t i coo r e Ave . -
~ ?D-011589-L Hollin er FH/Crematory Inc. Mt Holl S rin s Pa. 17065
Complete I1«rs 23ec ody when wdltyirg 2 o the best d my knowledge, death olxprtM al the time, date aM plow stated. ISgneture aM tsb) 23b. Lkense Nurber 23c
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CAUSE OF DEATH (See InaWCtlona and exempt ) r Approximate i«erval:
Item 27. Pad I: Enter the chain d esanls - &seesas, injuries, a wmlMkations - met drecty roused the deem
DO NOT emer terminal events such as cardiac artesl Pen II: Enter other =~ilkant condltlon c«nm m t de m, 26. Ditl Tobacw Use Contnhule ro Deem?
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respirelary ertesL or vwarkular fibillalion w'llMtd showing the etiokgy List any one pose on each line, do trot razWling n me undertying pose given in Pan I. ^ Vas ^ Probably
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IMMEDIATE CAUSE Final dkeese or
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Dw to (or as a c°nsequenca oQ: ^ Nd pregneM w41Yn past year
SeguendaMy lest wndAprs, if arty, b ^ Pre
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Due to (or as a
Enter 9re UNDERLYING CAUSE wnse9uenca oQ: Not
^ Pregrs«, but Pra9nam wi1Nn 42 days
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events resukktg In death) LAST ° of deem
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^ Not pregnant. bW pragnaM 43 days 1o f year
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^ Unknown fi pregnant wimm me past year
30a. Was an Auropsy
Pedomsd7 306. Were Autopsy FlMings
Availeble Prbr to Carrplation 31. Manner of Deem 32a. Date of Inlury (Mmm, day, Year) 32b. Dascnbe Haw Injury Oavr1M 32c. Place of hryury: Home, Farm, Slmet Factory,
01 Cake of Deam7 ,,n
~J NeNral ^ Hmktllk ~ Office BuIM
leggy ~ (~A'1
^ Vas ~ ^ vas ®.I4a ^ Accitl«a ^ Pendmq Invesfigalkn 32d. Txw d Injury 32e. Inlury al Work? 321. If Tmnspwtetlon Injury (Specify) 32g. Loptbn d Injury (Street, city I town, state)
^ Suicide ^ Cmsd Na Oe Detemarte0 ^ Ves ^ No ^ Driver / Opemt« ^ Passenger Ppdestrlen
M ^omer ~ Specry:
33a. Canifier (Neck ony owl 33b. Sigwlure erM TNe niAer
• Cartdylrlg physkkn (Physician caniryirg pose «deem when another physkian hrs pronourx:e0 deem eM wmplelM Item 23)
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Disposition Pertnil Nc. (p) t- R~.~ 1~
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LAST WILL AND TESTAMENT ~
OF '`~ ~' ' J ~~ ; : ~a
DONALD LAVERNE HURRAY = ~'~~ ~.~ _
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I, Donald Laverne Murray, a resident of Carlisle, Pennsylvani a declar~-f~is to l'am' _
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my Last Will and revoke all former Wills and Codicils. ~ ` ~'
~
ARTICLE I
Identification of Family
At the present time I am unmarried. In making this Wi11 I have in mind my
children, Steven Laverne Murray (deceased), born 1951, Robert Eugene Murray, born
1953, and Carol Diane Murray, born 1955, together with any children hereafter born to or
adopted by me. Any reference to a "child of mine" or "my children" shall include the
persons named or referred to in this Article.
A. Disinheritance Provision. I, intentionally and with full knowledge of the
consequences, disinherit and omit any provision in my Will for, the following person:
my life-partner, Bonnie Naugle. Further, I intend that this disinheritance specifically
defeat the application of any statutory heirship interest or any reference to child, children,
descendants, heirs, or issue, in this Will, with respect to this person.
ARTICLE II
Appointment of Fiduciaries
A. Appointment of Personal Representative. I appoint my son, Robert
Eugene Murray, as Executor of my estate. If Robert Eugene Murray is or becomes
unable or unwilling to serve, I appoint my daughter, Carol Diane Murray as alternate
Executor.
B. Bond; Court Supervision. My Executor shall have the right to serve
without bond and to administer and settle my estate without the intervention or
supervision of any court, except to the extent required by law. Nothing herein shall
prevent my Executor from seeking the assistance of the court in any situation where my
Executor deems it appropriate.
ARTICLE III
Specific Gifts
A. Gifts of Specified Items of Property. I give all my interest in certain
items of tangible personal property to the beneficiaries designated in this section as
follows:
~~ , ~, ,
Will of Donald Laverne Murray Page 1 of 6 Initials: - Date: ~ _~ ~'' '~~ • '"
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1. Specific Gift One. I give my 1999 Olds Alero to my daughter,
Carol Diane Murray if she survives me. If Carol Diane Murray does not survive me no
property shall pass under this Article.
2. Specific Gift Two. I give my guitar to my son, Robert Eugene
Murray if he survives me. If Robert Eugene Murray does not survive me no property
shall pass under this Article.
B. Insurance. I give to each recipient of an item of tangible personal
property my interest in any insurance covering the item. My purpose in making this gift
is to give each recipient the benefit of insurance coverage for which I have already paid.
It is not my intention to give any recipient the proceeds of an insurance claim that exists
but is unpaid at my death.
ARTICLE IV
Disposition of Residue
A. Provision for Descendants. I give all of the rest and residue of my estate,
wherever located (hereafter referred to in this Article as "residue"), to my descendants if
they survive me per stirpes.
1. Provision for Others. If I am not survived by any of my
descendants, I give the entire residue to my heirs.
ARTICLE V
Alternative Methods of Distribution
A. Purpose of Article. Recognizing that under certain circumstances the
terms of this Will may direct that property be distributed outright to a person who is
under age twenty-one (21) or under a legal disability; I make the following provisions to
facilitate the distribution of property to such persons.
B. Alternative Methods. Whenever the terms of this Will direct my
personal representative (referred to in this Article as the "fiduciary") to distribute
property outright to a person who is then under age twenty-one 1;21) or under a legal
disability, the fiduciary may retain pursuant to Paragraph C. of this Article or distribute
all or any portion of that property in any one or more of the following ways:
1. Delivery directly to the beneficiary;
2. Delivery to the parent or stepparent of the beneficiary;
3. Delivery to the guardian of the beneficiary's person or property;
Will of Donald Laverne Murray Page 2 of 6 Initials:~_~--:_;'/, Date: ~~'~'' i ~ '?
4. Delivery to any Custodian for the beneficiary under the Uniform
Gifts to Minors Act;
5. Delivery to any then existing trust created for the beneficiary;
6. Deposit in a financial institution in an account established in the
name of the beneficiary alone pursuant to the laws of the State of
Pennsylvania;
7. Storage of any tangible personal property in safekeeping with the
costs of storage to be borne by the beneficiary; or
8. Sale of any tangible personal property and delivery of the proceeds
in any manner permitted by this Article.
Provided the fiduciary acts in good faith, upon delivery of any property in
accordance with the provisions of this Article, the fiduciary shall be discharged from all
responsibilities in connection with the property.
C. Discretionary Trust. Any property not distributed as provided in
Paragraph B. of this Article shall be retained by the fiduciary in trust for the beneficiary
on the following terms and conditions: During any period in which the beneficiary is
under a legal disability or under twenty-one (21) years of age, the fiduciary shall pay to
or apply for the benefit of the beneficiary so much of the income and principal of the trust
as the fiduciary, in its sole and absolute discretion, determines is advisable for the
beneficiary's health, support, education and general welfare. At such time as the
beneficiary is neither under a legal disability nor under age twenty-one (21), the fiduciary
shall distribute any remaining trust assets to the beneficiary. If the beneficiary dies
before all of the trust assets have been distributed, the fiduciary shall distribute any
remaining trust assets to the beneficiary's estate.
ARTICLE VI
Administrative Provisions
A. Powers and Duties of Personal Representative. My personal
representative shall have all of the powers and duties granted to or imposed upon
personal representatives serving with non-intervention powers pursuant to the laws of the
State of Pennsylvania.
B. Debts and Expenses. All expenses of administration chargeable to
principal, the expenses of the disposition of my remains, and all my legitimate debts, if
and when paid, shall be paid from the principal of my residuary estate. No debt need be
paid prior to its maturity in due course and except as otherwise provided in this Will no
interest in any property passing under this Will need be exonerated.
.,..,, _,
Will of Donald Laverne Murray Page 3 of 6 Initials::= ~,,. "jam Date: ~f~ _~~ G'r ;.", ~'
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C. Taxes. All estate, inheritance or other similar death taxes, together with
any interest or penalties thereon, arising by reason of my death with respect to any
property includable in my taxable estate, and any adjusted taxable gifts, whether passing
under or outside of this Will, shall be paid from the principal oi' my residuary estate
without reimbursement from the recipients or beneficiaries of such property, provided,
however, that in the event any proceeds of insurance upon my life or any property over
which I held a power of appointment are included in my estate for purposes of
determining the federal estate tax liability of my estate, then the residue of my estate shall
be entitled to receive from the recipients of any such proceeds or property the portion of
such federal estate tax liability attributable to such proceeds or property determined in
accordance with IRC §§ 2206 and 2207.
ARTICLE VII
Miscellaneous
A. Number and Gender. Unless the context indicates a contrary intent, the
plural and singular forms of words shall each include the other, and every noun and
pronoun shall have a meaning that includes the masculine, feminine and neuter genders.
B. Survival. To "survive" me, as that term is used in this Will, a person must
continue to live for thirty (30) days after my death.
C. Descendants. The "descendants" of an individual include only the
following:
1. All such individual's biological descendants, except any person not
born in lawful wedlock and his descendants, unless the biological
parent who would otherwise cause him or her to be a descendant
has acknowledged paternity or maternity in legitimation
proceedings, or in an unambiguous signed writing identifying such
person by name, or by raising such person in the same household;
and
2. Persons adopted by such individual or one of his or her
descendants, and their descendants.
If the parent, who would cause a person to be a descendant as defined above, is replaced
in an adoption proceeding, such person shall remain a descendant unless such parent
voluntarily consents to the relinquishment of his or her status as parent in connection with
such adoption proceedings.
D. Heirs. The term "heirs" shall mean those persons entitled to inherit under
the then-applicable laws of the State of Pennsylvania governing the descent of an
intestate's separate estate. They shall inherit in their statutory proportions.
4 -;,.
Will of Donald Laverne Murray Page 4 of6 Initials: ~_~,___'~ Date:>~"' ~ /'" !',•'
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E. Exclusion of Pretermitted Heirs. Other than as set forth in this Will, I
make no provision for any child of mine or descendant of a deceased child of mine. I
specifically make no provision for any person (whether now living or hereafter born),
other than a child named or referred to in Article I or a descendant of mine as defined in
this Will, who may be entitled to claim an interest in my estate under the laws of the State
of Pennsylvania.
F. Legal llisability. A person is under a legal disability if my personal
representative determines, in good faith, that the person is incapable of managing his
property or of caring for himself, or both, or is in need of protection or assistance by
reason of physical injury or illness, mental illness, developmental disability, senility,
alcoholism, excessive use of drugs, or other physical or mental incapacity.
G. Title to Real Property. Upon my death, title to any real property passing
under this Will shall vest in my personal representative in his fiduciary capacity and shall
remain so vested until my personal representative distributes or sells that property, at
which time title shall vest in the distributee or purchaser.
H. Disclaimer. Except as may be otherwise specifically provided in this
Will, in the event that any beneficiary disclaims an interest arising out of this Will or any
trust created herein it is my intention that the interest disclaimed shall be distributed in
the same manner and at the same time as if the disclaiming beneficiary had died
immediately preceding the event pursuant to the laws of the State of Pennsylvania.
L Governing Law. The provisions of this Will shall be interpreted in
accordance with and in light of the laws of the State of Pennsylvania.
J. Corporate Successors. Whenever a corporation or other business entity
is referred to herein, the reference shall include any successor organization.
K. References to Statutes. In this Will, the abbreviation "IRC" shall refer to
the Internal Revenue Code of 1986 as amended.
~ ; 1 ~ ;.
Will of Donald Laverne Murray Page 5 of 6 Initials: ~"`~_~ Date: _!l,_~Y%
I have initialed and dated for identification purposes all pages of this, my Last
Will, and have execute the entire instrument by signing this page on the /C ,day of
~'1 U Y , , 200' at t ( ,Pennsylvania.
Donald Laverne M ray ~~~
Attestation and Statement of Witnesses
Each of us declares under penalty of perjury under the laws of Pennsylvania that
Donald Laverne Murray, the Testator, signed this instrument as his Last Will in our
presence, all of us being present at the same time, and we now, at the Testator's request,
in the Testator's presence, and in the presence of each other, sign below as the witnesses,
declaring that the Testator appears to be of sound mind and under no duress, fraud, or
nnrtna inflnr nce
[Witness Signature] r
[Print Name]
Resid~ng at ~~~1 J~~'Cer `~o,r ~r
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[Print N ame]
Residing at ~•~ ~~~ •"-~~
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Will of Donald Laverne Murray Page 6 of 6 Initials.; s`~~'%/~ Date: ~ ~r~ ~ ~~~'~~' ~'
SELF-PROVING AFFIDAVIT
STATE OF PENNSYLVANIA }
} ss.
COUNTY OF ~~..[ M ~'~-~Q.-~~ }
I, the undersigned, an officer authorized to adminis~sr oaths, certify that Donald
L verne Murray, the Testator, and ~ ~ t'r1 n 7L~°~Ul~ JJ o r c;~ _, and
r„~ ,[~; ~~LL'C~ ~ cl S ,the witnesses, whose names are signed to the
attached or foregoing instrument and whose signatures appear below, having appeared
together before me and having been first duly sworn, each then declared to me that: 1) the
attached or foregoing instrument is the last will of the Testator; 2) the Testator willingly
and voluntarily declared, signed and executed the will in the presence of the witnesses; 3)
the witnesses signed the will upon request by the Testator, in the presence and hearing of
the Testator, and in the presence of each other; 4) to the best knowledge of each witness
the Testator was, at that time of the signing, of the age of majority (or otherwise legally
competent to make a will), of sound mind and memory, and under no constraint or undue
influence; and 5) each witness was and is competent and of the proper age to witness a
will.
~ \
~; ~.~ ~~
-~ [ fitness Signature]
[Print Name]
Residin t C' l v `~ /il ~ ~,~
G/
Section for Notary Public:
[Witness Signature]
[Print Name]
Residing ~ ,~r~c~ ~~ 5'r r ~ c:- i ~ _
Subscribed, sworn and ackr~,owledged before me by t e s id Donald Laverne Murray,
Te tator, aid by the said (a, ~E~'l ~ ~G/j~~f ~ ~G ~ ~ ,and
~1,~~ ~ / ), ~/~;2;-r.,! S ,witnesses, this %G day of ~U. , 2007
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DARCIE A. NEfL, Notary Public
Fforo of Carlisle, Cumberland County
My la~ieiftiliai~h E Tres Nev. 24 2
6 _
Donald Laverne Mu~y
1
~ ~~ ~ ~;
Signature of Notary]
~~ ~' I t' ~ • ~~~
[Print or stamp name of Notary]