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1 • Name of Decedent (First, middle, last, suffix)
Violet M. Turnb~
5. Age (Last BlydMey) Under 1 ar Under 1 da
MQpdu Deys Houn; Minutes
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH .VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
2. Sex 3. Social Security Number 4. Date of bath (Momh, day, year)
gh Female 185 - O1,- 1563 December 18, 2010
6. Date of Berth Mondt, da 7. Bi lace C and state or torsi n coon fie. Place of Death Check on one
September 10, 1916 Millerstown, pA Hospital: Other:
^ ^
fib. Coon of Death
ty
8c. City, Born, Twp. of Lath Inpatre
8d. Facility Name (d not Institutlon,
give street and ntxrtber) nt ER ! Outpatrent ^ p0A ®Nursing Home ^ Residence ^ Other • S ci
Pe fY
Cumberland
Hampden Twp ,
Countr Meadows of West Shore
y 9. Was Decedent of FNspenic Ongin?
®No ^ Yes
(If yea, specly cubaart,
10. Race: American Indian, Bladc, White, etc.
(sp~M
11. DrrrxdenYs tlsuel don Kind of work do
ne du ' most of workln Ufa. Do rat state raft
12. Was Decedent ever in th
13
D Mexkart, Puerto Rican, etc.)
whit e
Kind of Work
Kind of Business/Indust e
U
S
Armed Forces? .
ecedents Education S
(PAY onN highest grade completed) 14. Mantel Status: Married, Never Married
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Widowed. Divorced (SpecylyJ .
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e, give maiden name)
16. Decedents Mailing Address (Sheet, dry l town, state, zip code)
Decedents Widowed
2717 Harvard Avenue ActualResiderae ,7a.state Pennsylvania Did Decedent
Uve in a 17c
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Camp Hill, PA 17011 .
es, Decedent Lived in -,__
Cumberland Township? Twp.
17b. County 17d. ®No
Decedent Lived within
16. Fathers Name (First, middle, last, suffix) ,
Camp Hi 11
Actual Limits of __ City I Boro
Carmen Chester Stroup 19. Mothers Name (Flret, middle, maiden sumeme) "-
20a. Informants Name (Type / Prfnt) Nina McVey Delanc
Nancy L. Diener 20b. Informants Mailing Address (Street, city /town, state, zip code)
21a. Method of Disposition r ^ Cremati
^ D
21b
D 1287 Woodruff Place, Morgantown, WV 26505
on
onation
t
® Burial ^ Removal from stela r Wes Cremsdort « Donation Atdhonzed .
ate of Dis
Position (Month, day, year)
21 c. Place o(Dispoeidon (Name of cemetery, crematory a other place)
21d. Loudon (City/town, state, zip code)
^ Darer - r by Madk:N Examiner I Cororter7
22a. Signature of Furrerel Service nsee (« reon acting as such) ^ Yea No
^ December 21, 2 010 Riverview C em e t e r
y
Mi 11 e r s t own , PA 17 0 6 2
~ 22b. License Number
22c. Name end Addre
ss of Facility _
C«nplete items 23a•c only whence ng FD 013 340 L
23e. To the t of my knowledge
oawrted at the Mme
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l Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070
physictian is not available at time of death to
candy cause of death. , ,
a
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ace stated. (Signature end )
23b. License Number 23c. Date Si red
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Items 2446 must be completed by person
who pronounces death.
24. Time of Death n
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25. Dataaa.~~~rrroooppp~~n~~~eddd Dead (Mon y, r ~ ~
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oronsr for a Reason Other than Crematron or Donation?
^ Yes
CAUSE OF DEATH (See Instructions and examples)
Item 27. Pan t: Enter the chain of events -diseases, injuries, or complications -that directly caused the death. DO NOT enter terminal events such as cardiac artesL
respiretory arrest, or ventricular fibriflatbn without sfawirtg the etiokrgy. List only one cause on each Ikre.
IMMEDIATE CAUSE Final disease or C ~ f v y ' ~/~ r
condition resuNing in heath) ~ l7 N ~ S 1 1. ~_ C ftT A ~ L~ ~,
-~- a.
Due to (« as a c~on^sequence of): /~ n ~,~/ /~
Seauentielly list conditions, U any, b. ff (7 N i' J ~' (~~ ~~Xl ) ~ ^ ! 1 I~ ~ ~ Q (~l~ O U YI ~ N
b to the cause Dated on line a.
Enter ate UNDERLYING CAUSE Due to (or as a consequence of).
(disease «injury that initiated the
events resultlng m death) LAST. c.
Due to (or as a consequence of):
Onset to DeaM but not resuding in the undertying cause given in Part I
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30a. Wes en Autopsy 30b. Were Autopsy Findings 31. Man r of Death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurted
Parformedl Available Prior to Completion
of Cause of Death? Natural ^ Hom~ide
^i~Ye~s ^ Probably ._ .,, V`Y," •
L~ No ^ Unknown
29. I1 F~e ale:
C1 Not pregnant within past year
^ Pregnant at time of death
^ Not pregnant, but pregnant within 42 days
of death
^ Not pregnant, but pregnant 43 days to t year
before death
^ Unknown if pregnant within the past year
32c. Place of Injury: Home, Farm, Street, Factory,
Office Building, etc. (SpeciyJ
^ Yes No ^ No ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at WorkT 32f. If Tren rtation In'u S 1--
^ Yes ~ 1 rY (PecllY) 32g. Location of injury (Street, city /town, state)
^ Suicide ^ Could Not be Determined M ^ Yes ^ No ^ Driver/Operator ^ Passenger ^ Pedestrian
^ Other - Specify
33a. Certifier (tdteck ony one)
• CeriMying physidan Ph 33b. Signature and Tide of Certifrer
( ysician certifying cause of death when another physician has pronounced death and completed Item 23) , `,~"Z~- ~ f ~ / `,~
To the best of mY knowledge, death occurred due to the cause(s) and manner ea stated _ _ _ _ / / ~
• Protwuncin and ---------~-------------------
g csrtlfying phydcian (Physician both pronotstdng death and certUyfrtg to cause of death) 33c. License Number --
Tothe beat of my knowbdgs, death oxurred at the time, date, and ^ 33d. Date Signed (Month, day, year)
• Madcel Examine/Coroner place, and due to the eause(a) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On the heals o/ examinetlon and / or Investl ~ 2 ( ~ ~ ) '~ i ~- ~ 2_ C~ ( O
gsdon, In my opinion, death occuned et the time, data, and place, and due to the ause(a) end manner es atate~ ^ 3q, Name and Address of Person WhoLCo~mpleted suss of Death (dam 27) Type /Print
35. Registrars ,tore and D' Numbs a~rt N ~ vn a-z~ ~` r' `,~ ~ ~ N Y n
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Disposition Permit No. ~ ! ~ L 10
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LAST WILL AND TESTAMENT ~ ~" ` -'
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VIOLET M. TURNBAUGH ~ , ~ `~ ~' o
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I, VIOLET M. TURNBAUGH, now of 2717 Harvard Avenue, Camp Hill, (:umberland
County, Pennsylvania 17011, do publish and declare this to be my Last Will and Tes~tarnent,
hereby revoking all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) Family and Background Information. I am not married. I have one child,
NANCY L. DIENER and one granddaughter, MARY ELLEN DIENER. Throughout this
Will, NANCY L. DIENER will be referred to as "my child" or "my daughter".
Appointment of Executor. I appoint as my Executor (hereinafter refc~rred to as
Executor or Executors) under this Will, the following named persons to serve without bond and
without being required to account to any Court:
Executrix: My daughter, NANCY L. DIENER.
SECOND: Funeral and Last Illness Expenses: Taxes.
(A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession,
legacy, transfer and other death taxes or duties, by whatever name called, including an.y ;and all
interest and penalties thereon, imposed under the laws of any jurisdiction by reason of'my death,
upon or with respect to any and all property included in my gross estate for the purpose of such
taxes, whether such property passes under or outside of this Will, out of my residuary estate,
without being prorated or apportioned among or charged against the respective devises, legatees,
beneficiaries, transferees, or other recipients of any such property or charged against any property
passing or which may have passed to any of them. The Executor shall not be entitled t:o
reimbursement for any portion of any such taxes from any such person.
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 2
THIRD: Tangible Personal Property. Except for those items excluded below and
those items enumerated in the Letter of Instruction, I bequeath to my daughter, NANCY L.
DIENER, all tangible personal property, including but not limited to clothing, jewelry,
heirlooms, furniture, personal effects, motor vehicles, and all other similar articles, which I own,
and the insurance thereon, to be divided between them as they may select in as nearly equal
shares as is practical If my daughter, NANCY L. DIENER, does not survive me by sixty (60)
days, I leave such tangible personal property to the issue of my daughter, NANCY L.. DIENER,
per stirpes. If there is any disagreement as to distribution, I direct my executor to make such
distribution. The decision of my executor shall be final and binding. Any items not selected or
any items which my executor considers unsuitable for my siblings maybe distributed o:r sold in
the sole discretion of my executor and, if sold, the net proceeds therefrom shall be added to the
residue of my estate.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate,
dated and unsigned Letter of Instruction, which I shall place with my Will, containing; directions
as to the ultimate disposition of certain of the property bequeathed under this Article 'THIRD, and
such Letter of Instruction shall determine the distribution of such items.
FOURTH: Residua ,Gifts.
(A) I give devise and bequeath one-third (1/3rd) of all the rest, residue and remainder
of my estate to my granddaughter, MARY ELLEN DIENER, per stirpes.
(B). I give, devise and bequeath two-thirds (2/3rds) of all the rest, residue and
remainder of my estate to my daughter, NANCY L. DIENER, per stirpes.
(C) Contingent Heirs. If my child predeceases me or the termination of thus
Trust, without leaving issue, then I give, devise and bequeath all the rest, residue and Y•emainder
of my estate, of every kind and character, real, personal, and mixed, tangible and intangible, and
wherever situated, including any lapsed or renounced legacies or devises (and including any
property over which I may have a power of appointment), to my closest living relatives, per
capita.
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 3
(D) Distributions During Administration. Prior to final distribution of my estate,
the Executor, in his discretion, may make partial distributions to one or more beneficiaries or
Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist
contemporaneously. A distribution maybe made subject to any indebtedness or liability of my
estate.
FIFTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid
exercise of a power of appointment. No part of the estate shall be liable for or charged with any
debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any
creditor of a beneficiary.
SIXTH: Appointment of Trustee and Successor Trustees.
(A) I nominate, constitute and appoint my daughter, NANCY L. DIENER, to act as
Trustee of all Trusts created by my Will.
(B) The Trustee may resign from the Trusts without the necessity of any Court
proceeding if at least thirty (30) days written notice is given to each beneficiary (including a
beneficiary's natural or legal guardian or legal representative, in the case of a beneficiary under a
legal disability) who might then be entitled to receive a distribution from the Trust Estate. Upon
the death, resignation, removal or incapacity of the Trustee, then a Successor Trustee maybe
appointed by a majority of the beneficiaries who might then be entitled to receive a distribution
from the Trust Estate, provided that the Successor Trustee is a financially sound and competent
corporate trustee. A Successor Trustee may be any bank or trust company and may bf; d.omiciled
anywhere. Any Successor Trustee thus appointed, or, if the Trustee shall merge with or be
consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all
the duties and to all the powers, including discretionary powers, herein granted to the 'Trustee.
SEVENTH: Powers of Trustee and Executor. In addition to the powers and duties as
may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in
this Will, the Executor and Trustee (when applicable) shall have and exercise exclusive
management and control of the Estate or Trusts, respectively, and shall be vested with the
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 4
following specific powers and discretion, in addition to the powers as maybe generally conferred
from time to time upon them by law:
(A) In the management, care and disposition of the Trusts or Estate, the Trustee and
Executor, respectively, shall have the power to do all things and to execute such insti-utnents as
may be deemed necessary or proper, including the following powers, all of which maybe
exercised without order of or report to any Court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any term notwithstanding the period of the Trust, and to
grant options, including any option for a period beyond the duration of the Trust.
(2) To invest and reinvest all or any part of the Trust Estate in any
common or preferred stocks, shares of investment trusts and investment
companies, bonds, debentures, mortgages, deeds of trust, mortgage participations,
notes, real estate, or other property the Trustee, in the Trustee's discretion, self;ct:s.
(3) To retain for investment any property deposited with the Trustee or Ixecutor
hereunder.
(4) To vote in person or by proxy any corporate stock or other security and to
agree to or take any other action in regard to any reorganization, merger, consolidation,
liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note
or other security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compens<~.tion for
their services.
(6) To compromise, settle or adjust any claim or demand by or against the Trusts
or Estate and to agree to any rescission or modification of any contract or agreE;ment
affecting the Trusts or Estate.
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 5
(7) To renew any indebtedness, as well as to borrow money, and to secure the
same by mortgaging, pledging or conveying any property of the Trusts or Estate,
including the power to borrow from the Trustee at a reasonable rate of interest.
(8) To retain and carry on any business in which the Trusts or Estate ;may acquire
an interest, to acquire additional interest in any such business, to agree to the liquidation
in kind of any corporation in which the Trusts or Estate may have an interest ;and to carry
on the business thereof, to join with other owners in adopting any form of management
for any business or property in which the Trusts or Estate may have an interest, to
become or remain a partner, general or limited, in regard to any such business o:r property
and to hold the stock or other securities as an investment, and to employ agents and
confer on them authority to manage and operate the business, property or corporation,
without liability for the acts of such agent or for any loss, liability or indebtedness of such
business if the management is selected or retained with reasonable care.
(9) To register any stock, bond or other security in the name of a nominee,
without the addition of words indicating that such security is held in a fiduciary capacity,
but accurate records shall be maintained showing that such security is a Trust or Estate
asset and the Trustee or Executor shall be responsible for the acts of such nominee.
(B) Whenever the Trustee or Executor is directed to distribute any Trust principal or
Estate assets in fee simple to a person who is then under eighteen (18) years of age, the Trustee
or Executor shall. be authorized to hold such property in Trust for such person until he she
becomes eighteen (18) years of age, and in the meantime shall use such part of the ina~me and
the principal of the Trusts or Estate as the Trustee or Executor, respectively, may deem riecessa
to provide for the proper support and education of such person. If such person should die before
becoming eighteen (18) years of age, the property then remaining in trust shall be distrYbuted to
the personal representative of such person's estate.
(C) In making distributions from the Trusts or Estate to or for the benefit of any minor
or other person under a legal disability, the Trustee or Executor need not require the appointment
of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person,
to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 6
the same to a legal guardian of such person if one has already been appointed, or to use the same
for the benefit of such person.
(D) In the disbursement of the Trusts or Estate and any division into separate trusts or
shares, the Trustee or Executor shall be authorized to make the distribution and division in
money or in kind, or both, regardless of the basis for income tax purposes of any property
distributed or divided in kind, and the distribution and division made and the values Established
by the Trustee or Executor shall be binding and conclusive on all persons taking hereunder. The
Trustee or Executor may in making such distribution or division allot undivided interests in the
same property to several trusts or shares.
(E) The Trustee and Executor shall be authorized to lend or borrow, including the
right to lend to or borrow from my estate or the estate of my husband or any trusts which I or m
husband may have established during life or by will at an adequate rate of interest anti with y
adequate security, and upon such terms and conditions as the Trustee or Executor shall deem fair
and equitable.
(F) The Trustee and Executor shall be authorized to sell or purchase at the fair market
value as determined by the Trustee or Executor, any property to or from my estate, thc; estate of
my husband, or any trust created by me or my husband during life or by Will, even though the
same person or corporation may be acting as Executor of my estate or the estate of my husband
or as Trustee of any of my other trusts.
(G) The Trustee and Executor shall have discretion to determine whether iterris should
be charged or credited to income or principal or allocated between income and princi al as the
Trustee or Executor may deem equitable and fair under all the circumstances, including t:he
power to amortize or fail to amortize any part or all of any premium or discount, to treat any part
or all of the profit resulting from the maturity or sale of any asset, whether purchased apt a
premium or at a discount, as income or principal or apportion the same between income and
principal, to apportion the sales price of any asset between income and principal, to treat an
dividend or other distribution of any investment as income or principal, or apportion the same
between income and principal, to charge any expense against income or principal or ap c-rtion
the same, and to provide or fail to provide a reasonable reserve against depreciation or p
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 7
obsolescence on any assets subject to depreciation or obsolescence, all as the Trustee and
Executor may reasonably deem equitable and just under all the circumstances.
(H) If at any time the total fair market value of the assets of any trust established or to
be established hereunder is so small that the corporate Trustee's annual fee for administering the
trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule
then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide
not to establish such trust, and in such event the property then held in or to be distributed to such
trust shall be distributed to the persons who are then or would be entitled to the income of such
trust. If the amount of income to be received by such persons is to be determined in 1:hf;
discretion of the Trustee, then the Trustee shall distribute the property among such of'the persons
to whom the Trustee is authorized to distribute income, and in such proportions, as the 'Trustee in
its discretion shall determine.
(I) When the authority and power under this Will is vested in two (2) or more
Executors or Trustees, the authority and powers are to be held jointly by the Executors or
Trustees, respectively. A majority of the Executors or Trustees may exercise any autllo:rity or
power granted under this Will or granted by law, and may act under this Will. Any attempt by
one such Executor or Trustee to act under this Will on other than ministerial acts shall be void.
The action of one such Executor or Trustee under this Will may be validated by a subsequent
ratification of the act by a majority of the Executors or Trustees.
EIGHTH: Rights and Liabilities of Executor and Trustee. No bond or other security
shall be required of any Executor. This instrument always shall be construed in favor of'th
validity of any act or omission by any Executor or Trustee, and any Executor or Trustf~e shall not
be liable for any act or omission except in the case of gross negligence, bad faith or fraud.
Specifically, in assessing the propriety of any investment of a Trust, the overall perform<~nce of
the entire Trust shall be taken into account. Each Executor and Trustee shall be entitlE;d to
receive reasonable compensation for services actually rendered to my estate or to my ~['rizsts, in
an amount the Trustee or Executor normally and customarily charges for performing s:im.ilar
services during the time which he/she performs the services.
NINTH: Tax Elections. In determining the estate, inheritance and income tax: liability
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 8
relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive
on all concerned. In accordance with IRC Section 2632(a) and without regard to whether a
Federal estate tax return is actually filed, my Executor shall allocate so much of the F~ ecleral
Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation
skipping transfer which may occur under this Will.
TENTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired,
including income, which may belong to a Trust at any given time.
(C) Children. Except for discretionary distributions which maybe made unequally
among a group of persons and distributions pursuant to a valid exercise of a Power of
Appointment, in making a distribution to the children of any person, the property to be
distributed shall be divided into as many shares as there are living children of the person and
deceased children of the person who left children who are then-living. Each living child. shall
take one share and the share of each deceased child shall be divided among his then-living
descendants in the same manner. A posthumous child shall be considered as living at the death
of his parent.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the correspondin
provisions of any subsequent federal tax laws applicable to my estate. g
(E) Other terms. The use of any gender includes the other genders, and the use of
either the singular or the plural includes the other.
(~ Captions. The captions set forth in this Will at the beginning of the variious
divisions hereof are for convenience of reference only and shall not be deemed to define or limit
the provisions hereof or to affect in any way their construction and application.
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LAST WILL AND TESTAMENT
OF
VIOLET M. TURNBAUGH
PAGE 9
(G) Powers of Appointment are Exercised. By this Will I exercise any Power of
Appointment which I may possess at my death.
IN WITNESS WHEREOF, I, VIOLET M. TURNBAUGH, the Testatrix, have to this
my Last Will and Testament, typewritten on ten (10) pages, including the Acknowledgment and
Affidavit, set my hand and seal this 29th day of June, 2007.
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VIOLET M. T
URNBAUGH
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Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will
and Testament, in the presence of us, who have hereunto subscribed our names at her :re uest as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each othE;r Each of
us further declares that he or she believes the Testator to be of sound mind and memory. The
preceding instrument consists of this and nine (9) other consecutively numbered typewritten
pages including the Acknowledgment and Affidavit.
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS:
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby
acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed
the instrument as her Last Will in the presence of the witnesses; that she signed it willin 1 or
willingly directed another to sign it for her; that she executed it as her free and volunt:ar yact for
the purposes therein expressed; that each of the witnesses were present and saw the Testator si
and execute the instrument as her Last Will; that each subscribing witness in the hearing and ~
sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the
Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint
or undue influence.
Testatrix ,~
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Witness
~_.~ - -
Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this 29`'' day of June, 2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial seat
Teri L. Walker, Notary Public
Lemoyne Boro, Cumberland
My Commission Expires Jan. 20 2011
Member, Ppnnaylvs~nte Ae~i+~tl®n of Notaries
-rota Public
r,, Commission Expires: