HomeMy WebLinkAbout11-05-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Irene C. Peffer
COUNTY, PENNSYL`TANIA
also known as
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
Co-Executrices
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the
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-~nsmed in the:;
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last Will of the Decedent dated October 21, 2004 and codicil(s) dated _.,,. ,
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) ~Tp ~ ~
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Exce t as follows, Decedent did not ma
p rry, was not divorced, and did not have a child born or adopted after execution of'yi~fi~'in "~7 -
ent(~ffered _
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: i
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® B. Grant of Letters of Administration CS?
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter 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. ord. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residc;nce at
552 Brighton Place, Mechanicsburg, Lower Allen Twp., Cumberland Co., PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 80 years of age, died on September 25, 2010 at HCR Manor Care of Carlisle
Decedent at death owned properly 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: 552 Brighton Place, Mechanicsburg, PA 17055
$ ~5~t~t~i'a_~t~
Form RW-02 rev. 10.13.06 Page 1 of 2
File Number ~, - 1(; ~' ~ ~ L~
Social Security Number 200-24-0502
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Wil] and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
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) willl well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
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For the Register Signature of Personal Representative ~-°µ` C`~ ~„~ -Q '`
File Number:
Estate of Irene C. Peffer ,Deceased
Social Security Number: 200-24-0502 Date of Death: September 25, 2010
AND NOW, ~(' ~~) (~ ~ -~~~ ,~- ~~ ~) , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Sandra D. Williams and Barbara D. Stratmeyer
in the above estate
and that the instrument(s) dated October 21, 2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
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FEES S~"L~i1~L 11L l( ~' t,.,/~~L'~~ I% ~ ~'Jr~C'~~ J(. ~` ~ ~ ~
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Letters ............... $ ~ ~~ Q ~-
Short Certificate(s) ........ $ ~ ,~ - (~`~ ~ Attorney Signature: '~'M"
Renunciation(s) .......... $
~ ~ ~ ~ Attorney Name: Harry M. Baturin, Esquire
• • • $ ~~ ~ ~-' Supreme Court I.D. No.: 83006
Address: 2604 N. Second Street
... $
$ Harrisburg, PA 17110
... $
... $
• • • $ Telephone: (717) 234-2427
... $
TOTAL .............. $7c~ I ~(--~
Form RW-02 rev. 10.13.06 Page 2 of 2
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I REV t1/2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
MANENTIN CERTIFICATE OF DEATH
a,CK INK (See instructions and examples on reverse) STATE FILF NUMBER
1. Name of Decadent (First, m'Mdle, lest, surtax) 2. Sez
al
F 3. Social Security Number ~
200 - 24 -0502 4. Date of Death (Month, day, year)
2010
September 25
Rene C. Peffer em
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5. Age (Last Birthday) Under 1 year Under t da 8. Date of Birth (Month, day, ear 7. Bill ace (C end state a tae n coon ) 8a. Place of Death (Check Dory one}
'
' MoMna Days Hounr Minutes dal:
Hosp Other:
8 0 Yra Ap r i 1 2 1 , 19 3 0 Gary , Indiana ^ Inpatient ^ ER /Outpatient ^ DOA ursine Home [] Resdence ^Other ~ Specify:
.
fib. County of Death Bc. City, Boro, Twp. of Death Bd. facility Name (V not insthutbn, give street and number) 9. Was Decedent of Hispanic Origin? ®No ^Yes 10. Race: American Indian, Black, White, etc.
(Specify)
if
C
b
Cumberland South Middleton Twp an,
(It yes, spec
y
u
HCR Manor Care of Carlisle Mexican,PUertdRican,etc.) White
11. DttcederiYa Usual Von Kind of work d one dud most of Me. Do rat state refired 12. Was Decedent ever in the 13. Decedents Education (Specfy only highest grade completed) 14. Marttai Status: Married, Never Marred, 15.:iurvtving Spouse (It w'rfe, give maiden name)
DNorced (SpecNy'j
Wkbwtd
Kind of Work iness /Industry
Kind
of B
us U.S. Armed Forces? Elementary 1 Secondary (0.12) College (1-4 or 5+) ,
W1dQWed
Com user S ecialist ~
~
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~'~• ~`"~J ~]~t ^Yes ®No
• 16. Decedents Maihn Address Street, i town, state, zi code)
g ( ~' P Decedent's Did Decedent ~ LOWE'_r Allen ~ •
PA Live in a 17c
Decedent Lived in TwP•
Yes
552 Brighton Place ,
.
Actual Residence 17a. State Township?
ived wtthin
Clsnberland 17d. ^
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Mechanicsburg, PA ] 7055 17b. County
city 1 Boro
Actual L
i
ds of
18. Father's Name (Frst, middle, lest, suffix) 19. Mother's Name (Prat, middle, maiden surname)
Freda Shaw
Walter Corbin
20a. IMormant's Name (Type !Print) 20b. Infortnam's Mailing Address (Street, city !town, state, tip code)
Barbara D. Stratmeyer 4 Haverford Circle Manchester, PA 17345
21 a. Mettrod of Disposition i ~] Cremation ^ Donation 21 b. Date of Diapoattbn (Month, day, year) : 21 c. Place of Dltrposllbn (Name of cemetery, crematory or other place) 21 d. Locetkxi (City 1 town, state, zip code)
Burta Rertaval horn State j ~ s
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^ 2010
~eptebber 30 Hol l roger Cranatozy Hlyl ly Springs PA l 7065
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Corot
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No
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~ 22a. Signature of Funeral Service Licensee (a person acting as such) 22b. License Number 22c. Name and Address of Facility
FD 0]2774-L Richardson Funeral Home Inc. 29 S. Enola Dr. Enola, PA 1x025
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Carpbte ttaris 23e-c Doty when cert6yhg 23a. Ta y krawledge, death urted at Ute tlme, date end place s~-/d (Signature end tltle) 23b. License umber /~ 23c. to Signed (Mont/,h`,/d'ay/year) ~ /~ r(~
physician is rat available at time of death to ! / / !I n ^ , ~~~~ ~ ~ ~ ~ " J ~ ~ ~,
,e~j,~f2A~Y ~vvV 1 V
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certNy cause of death. ~,~~ /
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Items 2426 must be completed by person 24. Time of Death
/ 25. Date Pronou ad (M ,day, year) /f /~ J j~
~ 26. Was Case Refesrred o Mediral Examiner /Coroner for a Reason Other than Gremation or Donation?
^Yes No
• who pronounces death. ~~
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CAUSE OF DEATH (Sea Instructions and exam ea) t Approximate Interval:
Peri I: Eller the chain of evens -diseases, injures, or canptlcations -that directly caused the death. DO NOT enter terminal events such as cardiac artest, t Onset to Death
Item 27 Part II: Enter other aicnificant conditions comribufino tc death,
but not resulting in the underlying cause given m Pan I. 28. Did Tobaxo Use Contribute to Death?
^Yes ^ Probably
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reapiretay angst, or ventricular flbdllatlon without showing the etiokgy. List only one cause on each line. t
^ No ^ Unknown
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IMMEDIATE CAUSE (Final disease or r
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condition resulting in death)
l
~ ~Y
29. If Female:
ear
t
re
nant within
ast
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a.
Due to (or as a anise ante of): r
r y
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o
^ Pregnant at time of death
tl any
b
uentlalN list conditfa>s
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lead"mg to the cause listed an line a. pus to (or as a consequence oiJ: '
Enter Bic UNDERLYING CAUSE '
that initleted Vie
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' disease a i u
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^ Not pregnant, but pregnant within 42 days
of death
c,
ry
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resut6frg m death) LAST. t
~ Due to (or as a consequence of):
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t ^ Not pregnant, but pregnant 43 days to 1 year
before death
^ Unkrwwn i( pregnant within the past year
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30a. Was an Autopsy 30b. Were Autopsy Fndirgs 31. Manner of Death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury: Home, Farm, Sheet, Factory,
Office Building, etc. (Specify)
performed? Available Prior to Completion
?
^ Natural ^ Homicide
of Cause of Death ^ Aceident ^ Pending Investigation 32d. Time of Injury 32e. Inury at work? 32f. 6 TrenaportaYan Injury (Speclty) 32g. Locetlon of Injury (Sheet, city / tovm, state)
^ Yes ^ No ^Yes ^ No
^ Suicide ^ Could Not be Determined
^Yes ^ No ^ Driver / Operetor Passenger ^ Pedestrian
M ^ O[her - Spedly:
33a Catlfier (check only one) 3 3b. Signs of Certifier
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• Ctrrfllylrp phyeklen (Physician certifying cause of dsettr when another physician has pronouraed death and rompleted hem 23)
et
tad
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- - - - - - - - - -
- - - - - - - - .. - - - - - - - ^ - - - - -
tnsnner es
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To the best of my browlsdga, death oceurrod dW to dts cause(s) an
• Pronouncing and eertNyittg physician (Physician both proraundng deaVr and cerifying to cause of death) 3
- ^
3c. r
33d. Date Sicined (ARonth, day, Year)
Ta the beet of m11 lawwfedge, death occurred M the Ume, date, and place, end due to the cause(s) and manner as staff - - - - - - - - - - - - - - - - oO ~ O ~- ( s (_, ~ / 2 ~ (~ O
• Medical Exeminer 1 Coroner
and place, std due to the ceuee(e) and manner se staterL ^ 3
date
tleadr occurred et the dltts
opinion
edon
in m
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t Persoq Who Completed Cause of Death (Item 27) Type / F'riN
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hicrmcitirm Pertna Nn r
LAST WILL AND TESTAMENT
OF
IRENE C. PEFFER
I, IRENE C. PEFFER, having my legal residence at 552 Brighton Place, Mechanicsburg,
Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking
all other Wills and Codicils heretofore made by me.
ARTICLE ONE
I am not presently married.
ARTICLE TWO
I have four children whose names and birth dates are as follows:
NAMES
BARBARA D. STRATME~ER
DEBORAH L. SHANK
SANDRA. D. WILLIAMS
PAMELA L. BENNETT
BIRTH DATES
March 14, 1949
June 21, 1950
September 9, 1952
January 24, 1954
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ARTICLE THREE
I direct the payment from my estate of the expenses of my last illness and funeral as soon
after my death as conveniently maybe done.
ARTICLE FOUR
I intend to leave a memorandum which will direct the distribution of certain items of
tangible personal property, and I request that my wishes as set forth in said memorandum be
followed. To the extent that my tangible personal property is not disposed of by rriemorandum, I
give all. of the tangible personal property that I own at my death, including any household furniture
and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and
collections, wearing apparel, and other articles of personal and household use, equipment and
ornament, and all insurance thereon to my children provided my children survive me by thirty (30)
days, to be divided among them as they are able to agree. If my children fail to survive me by thirty
(30) days or are unable to agree as to the distribution, such items shall be sold and. the proceeds
distributed with the residue of my estate.
ARTICLE FIVE
I give the rest, residue and remainder of my estate, of whatsoever nature and. wheresoever
situate as follows:
A. Eighty (80%) percent to my children, BARBARA D. STRATMEYER, DEBORAH
L. SHANK, SANDRA D. WILLIAMS and PAMELA L. BENNETT, in equal shares, provided
they survive me by thirty (30) days. If any of my children fail to survive me by thirty (30) days, her
share shall be distributed to her issue, per stirpes, in accordance with the provisions of Article Six
hereunder. If my deceased child has no issue, her share shall be distributed to my surviving
children in equal shares.
B. Twenty (20%) percent to my grandchildren, LIA M. SHANK and AMY R.
SHANK, in equal shares, to be distributed in accordance with the provisions of Article Six
hereunder.
2
ARTICLE SIX
The trust share established in Article Five for my grandchildren shall be held, administered
and distributed as follows:
A. My Trustee shall pay to, or apply for the benefit of, each beneficiary so much of the
net income and principal of the trust share as my Trustee, in its sole discretion, deerns appropriate
for suc11 beneficiary's health, education, maintenance and support, taking into consideration all
other resources available to such beneficiary prior to making such distributions.
B. When each beneficiary attains the age of twenty-one (21) years, my Trustee shall
distribute the remaining balance of accumulated net income and principal of the trust share to such
beneficiary, free of trust.
L. If any beneficiary should die before the complete distribution of the beneficiary's
trust share, my Trustee shall distribute the remaining trust property per stirpes ~to the living
descendants of the beneficiary.
If the beneficiary has no living descendants, my Trustee shall distribute the balance of the
trust property to the beneficiary's surviving sibling per stirpes. If there are no surviving siblings,
my Trustee shall distribute the balance of the trust property to my surviving descendants, per
stirpes.
ARTICLE SEVEN
No beneficiary or remainderman under this Will or any codicil hereto or any -trust created
hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or
any trust created hereunder in any manner, nor shall any interest of any beneficiary or
3
remainderman be subject to claims of his or her creditors or liable to attachment, execution. or other
process of law.
ARTICLE EIGHT
Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or
Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be
disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent
practicable, no expenses, claims and taxes be paid from such Qualified Retirement Plan or IRA
assets.
ARTICLE NINE
I appoint my daughters, BARBARA D. STRATMEYER and SANDRA D. WILLIAMS, or
either of them or the survivor of them, as Trustee of the trust shares established under Article Six.
ARTICLE TEN
I appoint my daughters, BARBARA D. STRATMEYER and SANDRA D. WILLIAIVIS, or
either of them or the survivor of them, as Executor of my Will. I give to my Executor and Trustee,
in addition to and not in limitation of the powers given by law or by other provisions of this Will,
the following powers with respect to settlement of my estate to be exercised from time to time in
the discretion of my Executor or Trustee, without further order or license of the Register of Wills or
of any court:
To retain any property, pending distribution hereunder, to invest in or purchase any
property without restriction to legal investments for fiduciaries, to distribute property in kind, to
compromise claims, and to sell any property at public or private sale;
4
2. To borrow money from any person including any fiduciary acting hereunder, and to
mortgage or pledge any real or personal property;
3. To engage in litigation and compromise, arbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in each,
allocating specific assets to particular distrbbutees on a non-prorata basis, and for such purposes to
make reasonable determinations of current values;
5. To make elections, decisions, concessions and settlements in connection with all
income, estate, inheritance, gift or other tax returns and the payment of such taxes, without
obligation to adjust the distributive share of income or principal of any person affected thereby;
6. To invest and reinvest in every kind of property and investment which persons of
prudence, discretion and intelligence acquire for their own accounts;
7. To manage, control, repair and improve all real property;
8. To procure and carry at the expense of the estate insurance of the kind's, forms and
amounts deemed advisable by the Executor or Trustee to protect the Executor and Trizstee and the
estate against any hazard;
9. To pay all taxes, assessments, fees of the Executor and Trustee and all other
expenses incurred in the collection, care, administration and protection of the estate;
10. To exercise such powers, herein conferred, after the termination of the trust estate
until final distribution of the estate assets; and
1 1. To do all the acts, to take all the proceedings, and to exercise all the rights, powers
and privileges which an absolute owner of the property would have, subject always to the discharge
of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the
5
general or implied powers of the Executor or Trustee; the Executor and Trustee shall have all
additional powers that may now or hereafter be conferred on them by law or that may be necessary
to enable the Executor to administer the estate in accordance with the provisions of this Will,
subject to any limitations specified in this Will.
No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall have any liability for any mistake or error of judgment made in good faith.
My Executor and Trustee shall receive reasonable compensation for services performed as
determined by the court in which this Will is admitted to probate.
ARTICLE ELEVEN
I realize that Executors are given discretion by law to make various elections which affect
the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of
beneficiaries, such as taking administration expenses as deductions for either estate or income tax
purposes, selecting options for the payment of employee death benefits, electing to take a qualified
terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing
the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The
decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to
question by, any affected persons. I rely upon my fiduciaries to take into consideration the total
income and estate taxes payable by reason of their decisions including those payable by my
survivors, and they are authorized in their discretion, but not required, to make adjustments between
income and principal as a result thereof.
6
ARTICLE TWELVE
I direct that all estate, inheritance and other taxes in the nature thereof, together with any
interest and penalties thereon, becoming payable because of my death with respect to the property
constituting my gross estate for death tax purposes, whether or not such property passes under this
Will, shall be paid from the principal of my residuary estate, and no person receiving or having a
beneficial interest in any such property, whether under this Will or otherwise, shall at any time be
required to contribute to or refund any part thereof; provided, however, that this direction shall not
apply to the taxes on any property included in my estate solely because of a power of appointment
thereover which I possess but have not exercised or on any qualified terminable interest or to any
generation-skipping transfer taxes.
IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this ~~ day of
B~~
seven (7) pages.
2004, set my hand and seal to this my Last Will and Testament, consisting of
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IRENE C. PEFFER
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SIGNED, SEALED, PUBLISHED and DECLARED by IRENE C. PEFFEF., the above
named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request
and in her presence, and in the presence of each other, have hereunto subscribed our names as
witnesses.
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
~~
We, IRENE C. PEFFER, ~ (~ ~~l ~'~nd ~~~~! ~ d ~ ~~~ . ~„~ ~~t,~t~.,~
Testatrix and witnesses, respectively, whose names are signed to the attached and 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 purpose therein expressed, and that each of the
witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the
best of 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.
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TESTATRIX,
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WITNESS
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WITNESS
Subscribed and sworn to and acknowledged before me by IRENE C. PEFFER, the
~~
Testatrix, and subscribed and sworn to before me by ~ _ '~ ~ ~ ~~„~. ~ ~~~r~_and
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~' ~~~ ~=~ ~i ~ ~ `~ ~~ I~~,t,t -~- ,witnesses, on this ACT 2 ~ ZQQ4
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Notary Public
COMMONWEALTH OF PENNSI~LVANIA
Notarial Seal
Linda L. Fetterhoff, Notary Public
perry Twp., Dauphin Counly
My Commission E~ires Nov. 8, 2007
Member, Pennsylvania Association Of Notaries
MEMORANDUM TO THE LAST WILL AND TESTAMENT O:F
IRENE C. PEFFER
It is my desire that the items listed below be distributed in-kind to the individuals whose
naive or names appear opposite the items listed:
DATE
IRENE C. PEFFER