HomeMy WebLinkAbout09-04-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of MARY JANE L. SETZER
also known as N/A
Deceased
COUNTY, PENNSYLVANIA
File Number ~ ~ ~ V C~ - ~ ~ ~o
Social Security Nurnber 201-18-4937
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or 'B' BELOW:) -p-
®/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor ~ 4~'~.~ ~~~the
last Will of the Decedent dated 30 July 2008 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instmment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A
^ B. Grant of Letters of Administration
(lfapplicable, enter: c. t. a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate)
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.)
Decedent, then 84 years of age, died on 28 August 2009 at 3600 Logan Street Extended, Apt IA, Camp Hill,
Hampden Township, Cumberland County, Pennsylvania 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ -~ ~j D ~ ~
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania n $ n2.t;_.Oi JZ?~7
situated asfollows: -3GaC~ ~., ~Eit!~/ . l3tiz~j ~ ~ //} , C/',~'/49f~ ~(~-l.~ ~j~jY4~N~/Ctili%~'l1t/F 'L.41a1~~G/'i4'~ CCU 1"f~"
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:
name and residence
G ~~ . ~ ~F~!'V%~ dl. ~l k~ i E'.? Y ~l~?f '~af~~'.
`~,'+ c~ ~ ~ ~~/~' I Alan B. Wells, 205 Radnor Chester Road, Villanova, PA 19085 / 9~'~
Form RW-02 rev. 10.13.06 Page I of 2
_: ,:._
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~--~ ~
_~
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal restt~nce at-~
3600 Logan Street Extended, Camp Hill, Hampden Township, Cumberland County Pennsylvania 17011
(List street address, mwn/ciry, township, cotmry, state, zip code)
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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 affitrm~ed and subscribed
before me the ``~ -~ day of
L
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For the Register Signature of Personal Representative ' ~_ ~_
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File Number: ~ ~ _~ _ ~ `~
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Estate of MARY JANE L. SETZER ,Deceased
Social S~ec~urity Number: 201-18-4937 Date of Death:28 August 2009
AND NOW, ~..Q~9..~tY.1p-~ ~:3 , s~~' 1 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Marianne S. Bartlett and Alan B. Wells
in the above estate
and that the instrument(s) dated 30 July 2008 _
described in the Petition be admitted to probate and filed of record as the last Will (~[nd Codicil(s))
FEES
Letters ....... ...... $ S 1 O .7 t~
Short Certificate(s) ........ $ ~~ ~ C~
Renunciation(s) .......... $ l0 ~~ii
LL ... $ 15 Cam,
J c P ... $ { c~ chi
,A~~> „r. c ~-~ ~ ~U ... $ ~ ~ L~
... $
... $
... $
... $
... $
... $
TOTAL .............. $ ~' ? Lf •D1.~0
Re inter of Wills V
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Attorney Signature: --~" ~~'~--~ ~ ~~ ~~""~.~'~
Attorney Name: William E. Miller, Jr.
Supreme Court I.D. No.: 7220
Address: 1822 Market Street
Camp Hill, PA 17011-4824
Telephone: 717-737-9210
Form RW-02 rev. I D. /3.06 Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee fur this certificate. $6.00
Certification Number
This is to certify that the information here ~~iven is
correct~iy copied from a;~ original Certificate of Death
duly fi,ed with me as Local Registrar. The original
certificate wit[ be for~n~arded to the State Vital
Records (Jfficc for permanent filing.
~J ~~%- AUG 3/1 200
_ocal iegistrar Date Itisued
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3 REV fL41706 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
/PRIM IN
cK"N`~ CERTIFICATE OF DEATH _. j ~•
(See instructions and examples on reverse) sTnTE FILE NurMBER ~~'~ • •
1. Name of Decedent (First, .middle. last, suffix) 2. Sex 3. Social Security Number 4. Date of Death (Month, day. year
Mar Jane L. Stezer Female 201 - 18 - 4937 August 28,20
5. Age (Lass Blnhday) Under t ear Under t da 6. Dale of Bidh Month, da , ear 7. Binh lace Ci and state or lor ei count 8a. Place of Deam Check Ditl one
Months Days Hours Mlnures Hospital: Other
84 v Jul
14
1925 Columbia
Pa ^
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, , Inpatlent
ER . optpaaent
DoA Norsmg Hpme
Reaidenpe ^ other .spa<ify
Rb. County of Death fk. City, Boro, 7wp. of Death Btl. Facillry Name (If not institution, give street and number) 9. Was Decedent of Hlsparic Origin? ~] No ^ yes t0. Race. American Indian, Black. White, eta.
Cumberland
Hampden 'I\ap
3600 Logan Ct lA Qf yes. speclty Cuban,
Maxkan. Ppertb Ri<an, et<) ;Specil)•j
White
17. Oecedenrs Usual Occu anon Kind of work d one d ud most of workin life. Dp not state retired 12. Was Decedent ever In the 73. Decedent's Education (Specity only highest grade comp leted) 1a. Marital Status: Married, Never Married, 16. Burvivmq Spo use (II wile, give maiden name)
Kind o1 Work Klntl of Businessllndustry U.S. Armed Forces? Elementary !Secondary (0-12) College (1-4 or 5+) Widowed, Divorced (Specity)
^ Yes No 4 W1d0Wed
16. Decedent's Mailing Address (Street, city'town, state, eip code) Decedent's Ditl Decedent ~ Hampden
Pa Li
3600 Logan Ct Apt 1 A Actual Residence 77a. State
ve in a I7c "es, Decedent Lived in Twp
TpwnahiD~
Cam Hill Pa 17011 t7bCoonty Cumberland t7d^11p,DecetlenlLwedwifhln c,ty,BOrp
Actual Limits of
18. Father s Name (First, middle, last, sufllxl tg Mother's Name (Flrst middle, maiden surname)
Harr Lindenber er Florence Albri ht
20a Informant's Name (Type I Print) 2gb- Inlormenl's Malling Adtlresa (Street city /town, stale, zip code)
a ion a t t 3109 Fairbluff Ct Summerfield North Carolina 27358
yiy55
21 a. Method of Disposition dy Cremation ^ Donahon 21 h. Dale of Disposition (MOnN, day, year) 21c Place of Disposition (Name of cemetery, crematory or purer plait) 21tl Location 'City: sown. state. zip cotlel
^ Burial ^ Removal Irom SIa1e i Was Crematbn or Donation Authod
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^
Hollin
er Cremator
Mt Holl
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byMMlcalExaminerlCoroner? yea
Nn
^ Other~S g
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pr
ngs,
a
22a. S nature of Fune Service Licensee or parse ding uch) 226 License Number 22c. Name and Address of Facility
- 4- ers-Hamer Funeral Home Inc 1903 Market Street Cam Hill Pa 1701
Complete tams 3a c only when certitying
i To the best of my knowledge, ~eathpccurretl at the time, dale and place staled. (Signature and line)
~~ 23b. License Number
: 23c. D t 'gned (Month, day. year)
icun s not ova lab'e at lime of death to
phys lI
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Items 2446 must be tgnpleted by person 24. a of Death 26. Cale ronounc d Dead (Month, day. year) 26. Was Case Refe
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=.d.lo Medical Examiner !Coroner for a Reason Other than Cremation or Donavon~
who pronounces death. M -'~ ~G 1 ~,` kr
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CAUSE OF DEATH (See Instructions and example i Approximate interval: Pan It. Enter other ~°nilican. conditions conlribut nq to death Di
2A
tl T
obacco Jse Contribute to Deathn
Item 27 Pan I' Emer the pram of events -diseases. injuries, or complications ~ that directly caused the death. DO NOT enter terminal events such as cardiac arrest, Onset Ip Death but not resulting m thn underlying cause given m Pan I r
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~ yys n P~obably
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reapiralory arrest, or venlncular librillation wiMOUI showing the etiology List onty one cause on each Ilne- ^ No
^ Unknow
IMMEDIATE CAUSE 1Final disease or ~y
cwWition resulting ,n death) __~ ~C i /' I ~ t73'T7L ~' ~) ~._ ~ ~~;~~
a
29- If Female.
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Due to (or as a consequence of). pregnant wit
n past year
^ Pregnant at time of death
Saquenliallyy list pondltiona, it any. b ^
laadirg to N cause listed on line a.
UNDERLYING CAUSE Due to (or as a consequence p~:
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Not pregnant, bw pregnant within a2 days
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in death) LAST
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Due to (or as a consequence oil: Not pregnant, but pregnant a3 days to t year
belore death
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30a. Was an Autopsy 30b. Were Autopsy Findings 31. Manner of Death ffia. Dale of Injury (Month, day, year) 32h. Describe How Injury Occured 32c. Place of Injury: Home, Farm, Street Factory,
Pedortned? Available Prior to Completion ~-y~
^ ONice Building, etc. /Specity)
of Cause of Death? Homicide
L' Natural
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L'] N
^ v
~i ^ Accident ^ Pending Investigation 32d. Tims of Injury 32e. Injury al Work? 321. If Transportation Injury (Specity) 32g. Location of Injury (Street city /town, stale]
es
o as
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^ Su~ctle ^ Could Not be Determined
^ yes ^ Na
^ Oriverl Operator ^ Passenger ^ Pedealriar
M' ^ Other - Specty'
33a. Certifier (check onty one) 33b. Signature and Title of Certifier
• Certltying physician (Physican ceniying cause of death when another physician has pronounred death and completed Item 23) ~ .- ~~l ~
To the best of my knowledge, death occumetl due to the cause(s) and manner as stated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '
• Pronouncing and cendying physician (Physician bolo pronouncing death and certifying to cause of death) 33<. License Number 33tl. Dale Slgnetl (Month, day, year)
To the bast of my knowledge, death Deported at the time, dale, and plate, eM due to the rauae(s) and manner as atated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~ ~ ~,~ C <, '~ <-/ .~~
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• Medlcel Examiner/Coroner I CJ ,S ~ •'{ x%
On Me Dads of examinatbn and Ior investlgatlon
In my oplnlon, death occurred at the Ilme, date, and place
and due to the cause(s) end manner as alated
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Disposition Permit No. UmJfG-
12~NIJra1CIATIO
REGISTER OF WILLS
COUNTY, PENNSYLVt~,NIA
Estate of
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,Deceased
I, I Y I (,~ f 1 C(!~'1 {~1 Q.~ s Pj Ct f~-~- [~ _, in my capacity/relationship as
`J h V' of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
:>i.~ ~ cz ~~ c~ ~ ~~ , tide. 115
~~- /~~`~
(Date)
Executed in Register's Office
Sworn to or affi~~d and subscribed
before me this '-~~--h day
of Q,
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Deputy fors gister of Wills
(Signature)
_~_I o ~ _~a_Lr~~ [ J~ C
(stye e [ address)
~vv~wlc'~'-~~'- ~~ ~C Z 7 2~ g
(City, State. ZipJ
Executed out of 1F'egister's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of
_,
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Fonn RlV-06 rev. 10. /3.06
n~
~~
LAST WILL AND TESTAMENT OF co '~
._,~~ ~=i
MARY JANE L. SETZER ;., ~ c~ -z7
,,-, _
i~\
I, MARY JANE L. SETZER, of Camp Hill, Hampden Township, Cur~k3~i~and
_i~
County, Pennsylvania, declare this to be my last Will and revoke all prior.~/'iiPs and `~?
c_n
~~
Codicils made by me.
FIRST: I am the widow of ROBERT L. SETZER, who died on 8 April 2007, a
resident of Cumberland County, Pennsylvania. My late husband and I have three adult
children, SUZANNE S. WELLS, MARIANNE S. BARTLETT and CAROLYN S.
DIERCKSEN. They are described in this Will as "my children," or "a child of mine." Any
person born to or adopted by a child of mine is described in this 1Nill as "my issue."
Provided, however, no person shall benefit hereunder unless the order or decree of
adoption is entered before such adopted person attains the age of twenty-one (21)
years.
SECOND: I give the following tangible personal property as follows:
(a) I give all of my sterling silver flatware service set to my granddaughter,
JENNIFER L. WELLS.
(b) I give my Ford sedan automobile, Sable modell, to my grandson,
JONATHAN R. BARTLETT.
(c) I give all of the rest and remainder of my tangik~le personal property
and the casualty insurance that I am carrying on said tangible personal property to such
of my children who are living at my death to be divided equally among or between them
as they may determine, or, if they are unable to agree, as my Executor shall determine,
after considering the wishes of such children. Any property not so distributed shall be
sold, and the proceeds added to my residuary estate to pass as hereafter described.
THIRD: In the event that I own my residence at 3600 Logan Court, Unit 1A,
Camp Hill, Hampden Township, Cumberland County, Pennsylvania, or another
residence, at the time of my death, I direct that my Executors sell said residence,
Last Will and Testament of ~y~~~ ~~
Mary Jane L. Setzer Page 1 of 7 .MJLS
unless one of my daughters decides she wants to retain said residence for her own use
and agrees to accept its appraised value as part of her share frorn my estate; other-
wise, the net proceeds from the sale of my residence shall be divided equally between
my three daughters or their issue, or, if no issue survives for any daughter, then to my
surviving daughters or daughter, or their issue.
FOURTH: I give, devise and bequeath the rest and remainder of my estate, real
and personal, in equal shares, to my three children, Suzanne S. ~JVells, Marianne S.
Bartlett and Carolyn S. Diercksen, or, if any of them fail to survive me, to their
respective issue, per stirpes, or, if one or all of them fail to survive me and die without
issue, to the survivor of them, or their issue, per stirpes.
During my lifetime, I have advanced certain funds to and for lifetime expenses of
my daughter, Carolyn S. Diercksen. I have a record of those funds advanced among
my personal valuable financial papers, and I have also provided a copy of the list of
those funds paid to my said daughter to my attorney, William E. Miller, Jr. In
determining the equal distribution of my remaining estate, it is my desire that my
Executor treat such advances to and for the benefit of my daughter, Carolyn S.
Diercksen, as an advancement, at the value thereof as of the time I provided such
funds to my said daughter, against the equal share of the remainder of my estate that
she is to receive along with her sisters, or their issue.
FIFTH: If any share hereunder becomes distributable to a beneficiary who has
not attained the age of thirty (30) years, then such share shall immediately vest in such
beneficiary, but notwithstanding the provisions herein, my Trustee shall retain
possession of such share in trust for such beneficiary until such k~eneficiary attains the
age of thirty (30) years, using so much of the net income and principal of such share as
my Trustee deems necessary to provide for the proper medical care, education, support
and maintenance in reasonable comfort of such beneficiary, taking into consideration to
the extent my Trustee deems advisable any other income or resources of such
beneficiary or his or her parents known to my Trustee. Any income not so paid or
last Will and Testament of ~{ ~~%~~~~'
Mary Jane L. Setzer Page 2 of 7 MJLS
applied shall be accumulated and added to principal. Such beneficiary's share of all
remaining principal and undistributed income shall be paid over and distributed to such
beneficiary upon attaining the age of thirty (30) years, or, if he or she shall sooner die,
to his or her executors or administrators. I recommend that my Trustee consider dis-
tributing annually all income from such share to such further benE~ficiaries when such
beneficiaries attain the age of twenty-two (22) years and further that my Trustee
consider distributing one-half ('/2) of such principal share to such beneficiary when such
beneficiary attains the age of twenty-five (25) years. My Trustee shall have with respect
to each share so retained all the powers and discretions had with respect to the trusts
created herein generally.
SIXTH: If any beneficiary and I should die under such circumstances that would
render it doubtful whether the beneficiary or I died first, then it shall be conclusively
presumed for the purposes of this my Will that said beneficiary predeceased me.
SEVENTH: (1) I name my daughter, MARIANNE S. BARTLETT, and my son-
in-law, ALAN B. WELLS or the survivor of them, to be my Co-Executors. I direct that
my Executor or Co-Executors, hereinafter called Executor, and their substitutes and
successors, serve without bond in any jurisdiction in which called upon to act.
(2) I name my daughter, MARIANNE S. BARTLETT, and my son-in-
law, ALAN B. WELLS, or the survivor of them, to be my Co-Trustees. I direct that my
Trustee or Co-Trustees, hereinafter called Trustee, and their successors, regardless of
number or gender, serve without bond in any jurisdiction in which called upon to act.
(3) For services as Executor and Trustee, my Executor and Trustee
shall receive reasonable compensation.
(4) The situs of any trusts created by this Will sl-lall be Cumberland
County, Pennsylvania, but it may be transferred to the situs of such successor or
substitute Trustee by designation in a written instrument filed with the court having
jurisdiction over the probate of my estate or the administration of any trust, whichever is
applicable, signed by or on behalf of my Trustee.
r.
Last Will and Testament of 1~(;v/~~''~
Mary Jane L. Setzer Page 3 of 7 MJL`S
EIGHTH: (1) I give to any Executor and to any Trustee named in this Will or any
Codicil hereto or to any successor or substitute Executor or Trustee all of the powers
enumerated in this Will and all of the powers applicable by law to fiduciaries in the
Commonwealth of Pennsylvania and in particular through the Pennnsylvania Probate,
Estates and Fiduciaries Code, as effective and as in effect on thE~ date of my death,
during the administration and until the completion of the distribution of my estate, and
until the termination of all trusts created in this Will or any Codicil hereto and until the
completion of the distribution of the assets of such trusts. I direct that all such powers
shall be construed in the broadest possible manner and shall be exercisable without
court authorization.
(2) My Executor and my Trustee are authorized and empowered to
disclaim any interest, in whole or in part, of which I, my Executor, or my Trustee, may
be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in
accordance with section 2518 of the Internal Revenue Code of 1'986), as amended, or
such similar section as may then be in effect).
NINTH: No person who at any time is acting as a co-trustee (if any) hereunder
shall have any power or obligation to participate in or to exercise any discretionary
authority that I have given to my Trustee to pay principal or income to such person, or
for his or her benefit or in relief of his or her legal obligations. Such discretionary
authority shall be exercised solely by the disinterested co-trustee.
TENTH: No interest of any beneficiary under this Will, any Codicil hereto, or any
trust created herein, shall be subject to anticipation or to voluntary or involuntary
alienation.
ELEVENTH: All estate, inheritance, succession and otheir death taxes imposed
or payable by reason of my death and interest and penalties thereon with respect to all
property comprising my gross estate for death tax purposes, whether or not such
property passes under this Will, shall be paid out of the residue of my estate, as if such
Last Will and Testament of J ~' ^'~
Mary Jane L. Setzer Page 4 of 7 'MJLS
taxes were expenses of administration, without apportionment or right of reimburse-
ment, except as otherwise might be determined by my Executor in its sole discretion. I
authorize my Executor and Trustee to pay all such taxes at such time or times as
deemed advisable.
IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and
Testament this -~ ~ day of Jc,~C~ , 2008.
~, ~~,~ ,~~ rte. ~ ,, . ~;~! ~ ~~-- (SEAL)
MA JANE L. SETZER
ATTESTATION CLAUSE. The foregoing Will was this ~~~t~day of ~~~~y , 2008,
signed, sealed, published and declared by the Testatrix as and for her Last Will and
Testament in our presence, and we, at her request and in her prE~sence, and in the
presence of each other, have hereunto subscribed our names as, witnesses on the
above date.
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Last Will and Testament of Page 5 of 7
Mary Jane L. Setzer
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND
I, MARY JANE L. SETZER, Testatrix, whose name is signed to the attached or
foregoing instrument, having been duly sworn according to law, do hereby acknowledge
that I signed and executed the attached instrument as my Last VWill and Testament; that
I signed it willingly; and that I sig~ed it as my free and voluntary act for the purposes
therein expressed, on this the 36 day of :~~~y , 2008.
_.
~ .__...
~~
MARY JA~PIIE L. SETZER
Subscribed, sworn to, and acknowledged before me by MARY JANE L.
SETZER, the Testatrix, on this the ~o day of :~ ~~~ , 2008.
NOTARI=~: SEAL
MARJORIE L. JOHNSGN, Notary Pubfic
Camp Hid Boro., Cumberland Cody
Canmission E res 1 15, 28f 1
~~ ~~ ~~~
Notary Puk~l
Last Will and Testament of
Mary Jane L. Setzer
Page 6 of 7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
We, the witnesses whose names are signed to the attachE;d or foregoing
instrument, being duly qualified according to law, do depose and say that we were
present and saw MARY JANE L. SETZER, execute the instrument as her Last Will and
Testament; that she signed willingly and that she executed it as her free and voluntary
act for the purposes therein expressed, that each of us in the hearing and sight of
MARY JANE L. SETZER, signed the Last Will and Testament as witnesses; and that,
to the best of our knowledge MARY JANE L. SETZER, was at the time eighteen (18)
years of age, of sound mind, and under no constraint or undue influence.
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Witness
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Witness
Witness
Subscribed, sworn to, and acknowledged before me by ~~ . ~~~1- ~ 'I~i ~~~C,~
-~ ~ and ~.,~ ~ ~~ 1Zt (71 ~.. ~ ll + ~~a.'Y. ~f • the witnesses, this the
~~ c~day of ;-~ ltL , 2008.
Notary Public
Last Will and Testament of Page 7 of 7
Mary Jane L. Setrer