HomeMy WebLinkAbout02-18-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of ]anet M
a/k/a:
a/k/a:
a/k/a:
Minnick
Deceased ESTATE NO: 21- ~- .'~ ~.~ ~'1 - ~-%;~~`~:`
SS NO:
All personal property
Personal property in Pennsylvania
Personal property in County
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
~ A. Probate and Grant of Letters Testamentary or ^ Administration e.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) islare entitled to the aforementioned Letters Testamentary under
the last Will of the above-named Decedent, dated 5/2/2000 and codicil(s) dated
(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 born or adopted after execution of the
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8): --
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
C. 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 e.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), wept as follow:
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THIS SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberland County, Pennsylvania, with hislher last family or principal residence
At 260 S. Pitt Street, Carlisle, PA 17013 ___
(Street address with Post Oft7ce and Zip Code, Municipality: Township, Borough, City)
Decedent, then _ 80 years of age, died 2/8/2011 at Carlisle, PA
(Month, Day, Year of death) (City and State where death occu~Ted)
Estimated value of decedent's property at death:
If domiciled in PA
If not domiciled in PA
If not domiciled in PA
Value of Real Estate in Pennsylvania
Total Estimated Value $ 116,800.00
Location of Real Estate in Pennsylvania: (Provide frill address if possible.) 260 S. Pitt Street, Carlisle, PA 17013
,~ Signature(s) ,..~.,
Name(s) & Mailing Address(es)
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~..._~.- Bernice Dorn
840 West Old York Road
Carlisle, PA 17015
168-24-4355
1,8U0.00
115,000.00
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2
OATH OF PERSONAL REPRESENTATIV E
Commonwealth of Pennsylvania ~ SS
County of Cumberland
The Petitioner(s) herein named swear or affirm 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 er aftinne>,~. and subscribed
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before tT~e this ' ~ day of
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For the Register ~ ~ ~~ -~-~ ~ ~ ~~
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DECREE OF PROBATE AND GRANT OF LETT~~/'~~, co '~ r ~._^
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1 "~ ,Deceased File Number: 21- ~ ~ ~" ~ - -__ ~~ ` j
Estate of, ~(~;~,_Y~ '~ I ti~ - ~ '~ ( ~'t i L ~ ~ %' ~ -~
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AND NOW, this 4 ~ day of ~~° ~~ C~ ~ '= t i ` , in consideration of th'etition
the reverse side hereon, satisfactory proof having been p~ esented before me, IT IS DECREED that Letters
;Testamentary of Administration _ are hereby granted to:
([f applicablq enter e.t.a., d.b.n., d.b.n.c.t.a., etc.)
the above estate and that instruments(s) dated ~ ~- ;~.~. ~ ~~ C:; ~~~ described in th.~ petition_ be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
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Glenda Farner Strasbaugh,.~-~'l'~,r~''Ci~ -:,~-7~'~:,~-~ ~_~~~~
Register of Wills
FEES:
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Letters ....................$ ~ ~ (;
Will. ....................... I ~ ~ ~`L;
Codicil(s) ...............
(~) Short Certificates~,~L~ ~ C~~~
( )Renunciations.......
Bond ............................
Other .............................
Automation FEE......... 5.00
JCS FEE .................. 23.50
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TOTAL ................ $ -~
Signature of Counsel Required to Enter Appearance
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Atty's Signature ~~~ ' ~ ~ '~'~ - ~ ~
PRINTED Name: Melissa P. Tanguay Cr`
Supreme Court ID No.: 307155 _^
Address: Abom & Kutulakis, LLP
2 West High Street, Carlisle, PA 17013
Phone: (717) 249-0900 _ _
Fax: (717) 249-3344 __,
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
O-AL REGISTRAR'S ~ER~I~A1°IGI~ GI~ E"
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
/San instructions and examples on reverse) ~r.r< <~~ ~ r.~r,..o~o
1. Name of Decedent (First, middle, IasL suffix) 2. Sex 3. Social Security Number 4. Date M Death (Month, day, year)
JANET MARIE MINNICK Female 168 - 24 - 4355 February 8, 2011
5. Age (Last Birthday) Under 1 ar Under 1 da 6. pate of Birth Month, de , er 7. Birth C' and state or fore' n coun Ba. Place of Death Check on one
80 Monroe pays Hours Minutes 7Hospital: Other:
^ Aesidence pectiy:
vrs. March 2 7 , 19 3 0 Car 1 i s 1 e , P a L1 lnpatieM ^ ER / Outpatient ^ DOA ^ Nursing Honre ^ Omer • S
Bb. County of Death 6c. City, Boro, Tyy, of Death 6d. Facility Name (If not institution, give street and number) 9. Was Decedent of Hispank: Origin? ®No ^ Yes 10. Race: American Indan, Black, White, etc.
~
Cumberland
South Middleton (If yes, specify Cuban, (Specily~
Carlisle Regional Medical Center Mexican,PuenoRicart,etc.) White
11. Decedents Usual Occ lion Kind of work d one Burin moll of fife. Do not state retir 12. Was Decedent ever in the 13. Decedent's Edtxetbn (Specify only highest grade compbted) 14. Marital Status: Married, Never Marled, 15. Surviving Spouse (If wife, give maiden name)
Divorced (S
edty)
Widowed
IOnd of Work Kind of Business/Industry U.S. Amted Fonxts? Elementary I Seco~dgry (0.12) College (1-4 or 5+) p
,
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ed
Factory Worker Shoe Plant I~ty
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ow
- 1s. Decedent's Mailing Address (Street, city /town, state, zip code) o~aenya Pt~ms lvania ad Decadent
Twp.
y Live in a 17c
Decedent Lived in
^ Yes
260 S. Pitt St. _
.
,
Actual Residence 17a. State
C~erland T°wnanlp? 1r--~t
17d. 7p~No, Decedent Lived within CarllSle
Carlisle Pa 17013 17b. County
AqualLimitsof City/Boro
16. Father's Name (First, midde, last, sumx)
Carl E. Bender t 9. Mother's Neme (First, middle, maiden surname)
Jennie Mae Bigler
20a. Infonnam's Name (Type / Pnnt) 20b. Informant's Mailing Address (Street, city /town, state, zip code)
Bernice Dorn 840 W. Old York Road Carlisle, Pa 17015
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21 a.
e
thod of Dispositon ~ ^ Cremetbn ^ Donation 21 b. Date of Disposition (Month, day, year) 21c. Place of Dispositbn (Name of cemetery, txemarory or other place) 21 d. Location (City/town, state, zip code)
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fJ Banal ^ Removal Irom State ~ wa. crentewn or Dorratlon Authonzed 2011
Feb. 11 C1alfierland Valley MtaTnrial Gardens Carlisle, Pa 17013
^ Oar. r by Medical Examiner/t:ororter? ^ Yes^ Ne ,
22a Signetwe of F,unerel Service Licensee (orpgrson acting as sucfi) 22b. Lkrense Number 22c. Neme and Address of Facility
~'' +. FD-012909-L Ronan Funeral Home 255 York Road Carlisle, Pa 17013
Complete items 23e-c only when certifying 23a. To the best of my , deem occurted at the time nd place stated. (Signature and title) 23h. License Number 23c. Date S' (Month, day, year}
~
physxaan ~ rat ava6able at fime of death to n ~ ~
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cedily cause of death. ` ~
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~ Items 24.26 must be completed by person 24. Time of Deatiyv~}
1 25. Date Pronounced Dead (Month, day, year) 26. Was Case Retened to kal Examiner (Coroner for a Reason Other than G ion or Donation.
^
who pronouraes death. ~P_ ~ /~ M,
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.
r ~ ~ i ~ ~C f Yes No
instruetlona and examples) r Approximate interval:
CAUSE OF DEATH (
See Pan II: Enter other simificant ddions contributive to de;ith, 26. ~Di-d ~Tobacco Use Contribute to Death?
ttem 27. Pan I: Enter the chain of events -diseases, injuries, or complications -that directly caused me death. DO NOT enter terminal events such as rdiac arrest, r Onset to Death
' but not restddng in the urulenying cause given in Part 1. ,.t!1 Yes ^ probably
rg the etbbgy. List only ono cause on each Hne.
respiratory amesL or ventricular fibdiladon with
^ No ^ Unknown
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IMMEDIATE CAUSE (Final disease or 1,., A '
condtbn resulting in death) _
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29. If Female:
~NOt pregnant within past year
~
Due to (or as a con ol): ~
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^ Pregnant at time of death
if any
b ~ j" 1~
SequentlaAy list condttiats _
ithi
42 d
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badrc~p to the reuse listed on line a. Due to or as a rxm uence of): ~
Enter the UNDERLYING CAUSE ( ~
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(disease a ~jurX that kdtiated the
_ ays
Not pregnant, but pregnan
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of death
s to 1 year
nant
but
regnant 43 da
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events resulting m deem) LAST. ~ p
y
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Due to (or as a consequence op: r
i before deem
Unknown it pregnant wihin rite past year
• d.
30a. Was an Autopsy 30b. Were Autopsy Findings 31. Manner of Death
"~ 32a. Date of Injury (Monet, day, year) 32D. Describe How Injury Occuned 32c. Place of Injury: Home, Farm, Street, Factory,
Office Building, etc. (Specify)
Performed? Available Prior to Completion
f D
f C
m? NaNral ^ Homicide
o
ause o
ea
^ Pending Investigation
^ Accident 32d. Time of In'ryry 32e. Injury at Work? 32t. It Transportal'an Injury (Specfy) 32g. Location of injury (Street, city /town, state)
^ Ves No ^ Yes No ^ Yes ^ No ^ Dmrer/Operator ^ Passenger ^ P lrtan
^ Suicide ^ Could Noi t>e Determined M. ^ Omer - Specify:
~a ~ ( ~ ~) 33b. Signature and Idle of 'tier
Certifying physician (Physician certifying cause of deem when aratller physician has pronounced deem and completed Item 23)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^
death occumd due to the ease(s) and manttar as stated
_ _
knowledge
To the best of m ~ ~ T'~1.,~
_ _ _ _ _ _ _ _ _
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,
• Pronouncing and certHying physician (Physican born pronoundng deem and ce'tih4r'9 ro cause of deem) c. Number 3d. a Signed (Monet, day, Year)
To the beet of my knowedge, death oaurred at the time, dare, end place, end due ro the cause(s) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ (~ 2 ~ J --- ~_ _ ~ ~~~ ~ Cu
• MsdkalExeminerlCaronsr
On the bash of examination end / or investigation, In my opinbn, death occurred M the time, date, and place, and due to the cause(s) and manner as stelae` ^
34. Neme and A e le se of Deam (Item 27) YP• /Print ..
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Regst lure and District
35 ate Filed (Monet, day, year) ~-
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Disposition Permit No. ~ ~.. -
~ v~ ~ LAST WILL AND TESTAMENT
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-- JANET M. MINNICK
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=~I, JANE"~M. MINNICK, Social Security Number 168-24-4355, of the Commonwealth of
Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I revoke all other
wills and codicils previously made by me.
I. I appoint my daughter, BERNICE MILLER DORM of Pennsylvania, as my Personal
Representative concerning this Will. If my daughter, BERNICE MILLER DORN is unable or
fails to serve, I then appoint my daughter, D,ARLENE LOUISE BLOSSER of Pennsylvania, to
serve as my Personal Representative. If my daughter, DARLENE LOUISE BLOSSP:R, is unable
or fails to serve, I then appoint my daughter, CINDY LYNN MINNICK of Pennsylv;~nia, to
serve as my Personal Representative.
A. I request that my Personal Representative be permitted to serve without bond or
surety thereon and without the intervention of any court, except as required by law. I direct that
my Personal Representative act in unsupervised administration so as to administer my estate with
a minimum of court supervision. If it becomes necessary to have ancillary administration of my
estate in any jurisdiction where my Personal Representative is unable or does not desire to
qualify as ancillary legal representative, Iappoint as such ancillary legal representative such
individual or corporation as my Personal Representative shall designate, in writing.
B. I direct my Personal Representative to pay the expenses of my last illness, the
expenses of a funeral appropriate to my station in life and custom of living (including, a suitable
monument or marker for my grave), and written charitable pledges which I have made. I grant
my Personal Representative the power to extend or renew any debt for such time as rriy Personal
Representative shall deem appropriate.
C. All estate, inheritance, succession and other death taxes with respect to all property
passing under this my Will shall be paid from and borne by the principal of my residuary estate,
without regard to reimbursement, as if such taxes were administration expenses. My :Personal
Representative may pay such taxes at any time deemed advisable, whether or not then due and
payable.
Last Will and Testament of JANET M. MINNICK
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~~~ age 1 of 4
D. My Personal Representative is requested to settle my estate as soon after my death as
may be practicable, and to pay or deliver every legacy or bequest to my beneficiaries without
waiting any time that may be believed to be customary in probate matters.
II. I give to my daughter, CINDY LYNN MINNICK, a life estate in my house :located at
260 South Pitt Street, Carlisle, Pennsylvania, upon the condition that she resides at the residency
by herself. Upon her death, a violation of the stated condition, or upon her decision to vacate the
residence, the estate will be given to my children.
III. It is my intent that all my children, unless stated otherwise, receive equal shares of my
estate for the purpose of dividing my estate. It is my desire that my bank accounts at Members
First jointly owned with my daughter, CINDY LYNN MINNICK, be taken into account for the
sole purpose of valuing each child's share. I understand that this account will not be a part of my
probate estate.
IV. I give, devise and bequeath, absolutely and forever, all of the rest, residue and
remainder of my estate and property of which I may be seized or possessed, or to which I may be
entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or
mixed, to my daughter, BERNICE MILLER DORN of Pennsylvania, my daughter, ROBIN
ANN DRENNAN of New Mexico, my daughter, DARLENE LOUISE BLOSSER of
Pennsylvania, my daughter, CINDY LYNN MINNICK of Pennsylvania, and my son, EDWARD
E. MINNICK, JR., of Pennsylvania, in shares of substantially equal value to be divided as they
may agree.
A. If any of my children shall not survive me, then the share of that deceased child shall
go to the descendants of that child, who are to take per stirpes and not per capita. If any of my
children shall not survive me and shall not be survived by any descendants, then the share of that
deceased child shall be distributed to my surviving children and the descendants of any of my
other children who fail to survive me, in the manner set forth above.
B. If they are unable to agree, the division among my children and the descendants of
any of my children who fail to survive me shall be made by my Personal Representative, in that
person's sole and absolute discretion. I empower my Personal Representative to sell any or all of
such property, if such property is not distributed in kind hereunder, and to distribute the proceeds
among my said children in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph and to whom it should pass
or be delivered or at what price it should be sold shall be conclusive.
V. If any beneficiary to any share of my estate which is not subject to the provisions of any
trust which maybe created by this will is at the time of distribution of his or her share, a minor
under the laws of his or her domicile, I direct that the minor's share be converted into qualifying
property and delivered to the Minor's Guardian as Custodian for the minor under the Uniform
Gifts to Minors Act or the Uniform Transfers to Minors Act as may then be in effect in either the
state in which the beneficiary or the Custodian resides, or any other state of competent:
jurisdiction.
,~ Last Will and Testament of JANET M. MINNICK
_ i ~ *~
~~ Page 2 of 4
A. The Uniform Gifts to Minors Act or The Uniform Transfers to Minors Act, as may
then be in effect in the state concerned, is hereby incorporated by reference. The property
affected by the Act shall be managed, held, and distributed in accordance with the provisions of
the Act.
B. The financial custodian will serve without bond or surety and without intervention of
any court, except as required by law.
C. The receipt by the Custodian, for the minor, of any principal or income transferred
pursuant to this paragraph shall be a full acquittance and discharge of my Personal
Representative or Trustee, as applicable, from liability with respect to such transfer and from
further accountability for the principal or income so transferred.
VI Except as otherwise provided in this Will, I have intentionally failed to provide for any
other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have
failed to provide in this Will for any of my issue now living or later born or adopted, such failure
is intentional and not occasioned by accident or mistake.
VII Any beneficiary who fails to survive until One Hundred and Twenty (120) hours after
my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be
disposed of accordingly.
VIII Definitions:
A. The term "children" as used in this Will does not include adopted and afterborn
persons. The term "children" as used in this Will shall include step-children, the natural born or
adopted children of a person's spouse who are not the natural born children of the person. A
relationship by or through legal adoption shall be treated the same as a relationship by or through
blood for purpose of succession to property under this Will.
B. The term "per stirpes" as used in this Will means that whenever a distribution is to be
made to the descendants of any person, the property to be distributed shall be divided into as
many shares as there are (1) living children of the person, and (2) deceased children, who left
descendants who are then living, of the person. Each living child (if any) shall take one share
and the share of each deceased child shall be divided among his then living descendants in the
same manner.
C. The term "Personal Representative" as used in this Will shall have the same meaning
as Executor, Executrix, Independent Executor, or any other title of like import which :is used to
describe such a fiduciary.
IX. In addition to any powers granted by the laws of the jurisdiction in which this Will is
probated, I hereby authorize and empower the fiduciaries named in this Will, to the extent of the
discretion herein granted, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease or
rent the whole or any part of my real or personal estate, to invest, reinvest, or retain investments
Last Will and Testament of JANET M. MINNICK
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Page 3 of 4 J
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of my estate, to perform all acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries elect to receive
compensation for services, such compensation will be that allowed by law.
~. If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my
intention that the remaining parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court instructions for the purpose of
carrying out as nearly as may be possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
This document was prepared under the authority of Title 10 U.S. Code, section 1044, and
implementing military regulations and instructions, by JONATHAN HOWARD, a member of
The Judge Advocate Legal Service, United States Army, who is licensed to practice law in The
State Of Georgia.
IN WITNESS WHEREOF, I have at Carlisle, Pennsylvania, on r~- ~~ ~. :~~t,~,G,Le ,
set my hand and seal to this my LAST WILL AND TESTAMENT, consisting of/4 typewritten
pages, each page bearing my handwritten signature.
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-~~ (SEAL)
~~ J N ~' . MINNIC
The foregoing instrument was, at Carlisle, Pennsylvania, on ~~ ~ /~'~,~. <~- ~~~ ,
signed, sealed, published and declared by JANET M. MINNICK, the testatrix, to be her LAST
WILL AND TESTAMENT in the presence of all of us at one time, and at the same time we, at
her request and in her presence and in the presence of each other, have hereunto subscribed our
names as attesting witnesses, and we do so verily believe that the said testatrix is of sound and
disposing mind and memory at the date hereof.
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Last Will and Testament of JANET M. MINNICK
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Page 4 of 4
I, JANET M. MINNICK, the testatrix, sign my name to this instrument on ,:,~ ~ ~ ~ -~U(,~ ,
and being first sworn, declare to the undersigned authority that I sign and execute this instrument as ~ y last will,
that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the
purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or
undue influence.
n ~ ,y
JANET ~ MINNICK
ACKNOWLEDGMENT
I, JANET M. MINNICK, testatrix, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that :I signed
and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
- ~ ~~ (SEAL)
JANET M. ICK
;,,
AFFIDAVIT
We, ~Si~~ GEo~4t~ ~ and ~~~~ ~~A~~~L~~ _ ,the
witnesses, sign our names to this instrument, being duly qualified according to law, do depose
and say that we were present and saw the testatrix sign and execute the instrument as her Last
Will; that the testatrix signed willingly and executed it as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix
signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18
or more years of age, of sound mind and under no constraint or undue influence.
of ` ~i yet /~~ of ~ ~kc.~~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by JANET M. MINNICK, the testatrix, and subscribed and
sworn to before me by E3 TE7C ~'rt~ Gr and
,~~ ~ (L~ j ~~~.t,~.t(1,,; ~y ,the witnesses, on ~ ~~C)
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Last Will and Testament of JANET M. MINNICK
Witnesses Attestation and Self-Proving Clauses