HomeMy WebLinkAbout12-21-12~ rceset
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name• Martha E. Huck
a/k/a: Martha Eleanor Huck
a/k/a:
a/k/a:
Date of Death: October 26, 2012
File No: ~ ~ - ~ a- - ~,~ a
(Assigned by Register)
Social Security No:
Age at death: 80
Decedent was domiciled at death in Cumberland County, pennSylvania (Stare) with his/her last
principal residence at 407 Mt. Allen Drive, Mechancisburg 17055 Upper Allen Township Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 503 North 21st Street, Camp Hill, PA 17011 East Pennsboro Township Cumberland PA
Street address, Post Office snd Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ............................All personal property $ 165,000.00
If not domiciled in Pennsylvania ........................Personal property in Pennsylvania $
If not domiciled in Pennsylvania ........................Personal property in County $
Value of real estate in Pennsylvania ......................................................... $ 1 1(l,nOn_nn
TOTAL ESTIMATED VALUE.... $ 275,000.00
Real estate in Pennsylvania situated at: 407 Mt. Allen Drive, Mechanicsburc 17055 Upper Allen Township Cumberland
(Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/aze the Executor(s) named in the last Will of the Decedent, dated February 13, 1998 and Codicil(s)
thereto dated N/A
State relevant circnmstances (eg. renunciation, deoth of ezectttor, etc)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS
B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate
If Administration, c.t.a. or d b.n.c.~a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the f~wing spous~any}~d~Rirs (attach
additional sheets, if necessary): ~ ~ rtT !Tl
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Form RW-02 rev. 10/11/2011
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Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland
To the Register of Wills:
Please enter my appearance by my signature below:
Petitioner(s) Printed Name Petition A ss J
Kevin A. Huck 305 C ord Lane Gaithersbur MD 20878
Eric A. Huck 86 Foxfire Lane, Lewisbe , PA 17339 ORPHANS'
CU~lBERIAND CQ., PA
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoin ' 'on are true and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Dec a Peti 'll well and truly administer the estate according to law.
Swom to ~r affirmed d subscribed before Date ~"2l
me ~ ~~ l day of ~ r , ~(_~ _ Date ~~~ --) ~~
By: Date
F"or the Register Date
BOND Required: ~ YES Q NO
FEES:
LettFrs ...................... $ ~ Q ' U V
( ~1 )Short Certificate(s)..... .
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
Other
11 t ~ ~ ....... I .~-=, . G
Automation Fee ............... ~ .
JCS Fee ..................... ~ ~
TOTAL ..................... $
Attorney Signature: '
._ ItiC
Printed Name: Elyse E. Rogers
Supreme Court
ID Number: 41274
Official Use Only
EGORDEi~ CFF~CE aF
REGlS7Et~ QF ~"~l~~.S
•. ,
Firm Name: Saidis, Sullivan & Rogers
Address: f35 Nn h 1 . h Stree ,Suite 400
T.Pmn~, PA 1704
Phone:
Fax:
Email:
717-612-5801
717-612-5805
er~ge_rc(~~cr-attnrneys.cnm
DECREE OF THE REGISTER
Estate of Martha E. Huck File No: p~ ~ " ~ c~ - ~ c~~~
a/k/a: Martha Eleanor Huck
AND NOW, ~, (Q ~~~0'(' ~ ~ ,~, in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Kevin A. Huck and Eric A. Huck
in the above estate and (if applicable) that
the instrument(s) dated February 13, 1998
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Form RW-02 rev. 10/11/2011
~.(.
Register of Wills
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Page. 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate #his copy by photostat or photograph.
Fee for this certificate, $6.00
P 18861648
Certification Number
'rent In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT Of HEALTH • VITAL RECORDS
're`nt CERTIFICATE OF DEATH
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9. Fwr In US Amwd Fortes? 10 Marital Status at Time of DaaM Mxned Widowed 11. SurvhriM Spouse's Name (1f wih, [tie name prior to fiM ma )
^yes Q'~o ^Unknown ^OHwced ^Never Marthe ^Unknown
13. Fathx's Name (First, ,tail, 13. M Y NarM Prbr to Flnt Marriage (Floe Middle, liftl ~ ,r•w,
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Hospllal: in athnt ;II Death Oaurrcd Somewhere Other Than s Nosd41: L.1•Vbfpke FatllKy Oecedm9eRbme
Emergerrry Ileum/Oulpa[hnt ^ Dead on Arrival Honing Home/tan{-Term Care fKIIIN DtMr ISpeci(y)
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1g. Ys Edrrcatbn ~ Uu Oar clot belt OeKrIGs tM 39. Decedent sW dgin ~ Check Me . OKedeM1 gaff .Check E MORF rKet tit indicate what
hkMat degree w level M sc competed et tM tfine o(Math. box fleet best describes wheMer tM dKedenl tAe~RCedRnt consldxed himul(Or hereN to be.
^ gth patle or less If SpaMWHlspanic/Latlno. ChecktM •NO• Wkke ^ Korean
^ No dlpkNna. 9th • llth grade boa~Pdattdent k not Spanish/Hlspank/la[ino. ^ Black or Afrken Amerk•n ^ Vle[namese
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^ Some [ORe[e credit, but ne dHne ^ Yes, Mevbn, Mevlun Amerken, Chicano ^ A•hn Indan ^ Native Nawailsn
^ Assxlete degree (e.F µ AS) ^ Yes, Puerto Rican ^ Chinese
Man Or Chamorro
^ Bachelor s degree le.g. aA, A9, BSI ^ vet, Cuban ^ Flliprb (] Sammoan
^ MaftN'f dgree h.g. MA, M5, MEry, MEd, MSW, MBA) ^ Yea, otMr Spanish/Hispanic/Latino ^ Japanese ^ Other PKific Islander
^ OOttorate (e.g. PhO, Edo) a Professional degree ISpecky) ^ Other (Specify)
e.. MD, WM llg 10
I l.~ant's SIMh RKe SN(-Desgnatbn -Cheri pNIY ONE to irldkate what tM Decedent considered hknsell or herself ro M. 3Ia. Decedent's Usual O¢upatbn ~ Indkatt type of work
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Dp NOT USE RETIRED
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^ B1Kk w Alrkan Amerkan ^ Korean ^ Other Packic IslarMer
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^ Amerinn Indian or Alaska Native ^ VieWmese ^ Don'[ Know/Nal Sure
^ Asian Indian ^ Other Asian ^ Refused IZb. Kind of Busimff/IMlusl
^ Chineu ^ Native Hawaiian ^ Other ISPeciry) ~1
^ filixno ^ Guamanian or CMmorro 1~
ffEMS Z3a•I3d MUSTRCA)MPlElEO I3a. Date Pronwn< Dead(MO Day r) 330. SIgnsNn O(Penan Prpnouncing Death (Only when sppllcaWe) 23c. License Number
CE0.PTIpp~DEA7N tfRONOUNDES oR /G ~ ( d 6/•,y
33a. Date signed IMO/Dav/rrl zd. nme W Denh
/,~ ~~. ZS. Was Medlin Esaminer w Coroner CoMactedt ^ Yes ^ No
CAUSE OF DEATH
Approaimate
16. Part I. Enter [he Ulaln of events--diseastf, mlunef, or complkatlons--that dirtttly causetl IM dlKh. DO N01 enter lermmal events such as cxdiac arrest Interval.
respiratory arrlfl, or wntdcular flbrillatlon witho/us ihowln the etl0lagy. NOi ABB(IEVIATE{I. Enter only ene cause on a line. Add atltlillanal lines d necessary Onset to/Death
IMMEDIATE GUSE ........__-_-> a. 1 `t ~ ~ ~' '^ l ~ / S Jl/ /^ l I , U .• ~ Z W~
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26. Pert ll. Enter otner sunilkant wMitbns rontrroutha to death but not resulting In eke urMedyirrg cause given In Part 1 Z7. Was an autopsy peAemlM7
Yes 'Mo
Ig. Were w[opry flrWNrgs avalhble
to complete the uuu d derth7
Yef ^ No
Z9. If Female: 30. Dltl Tobacco Use Contribute to Oeath7 33. Mannx of Death
j~Md pre[rwm wllhln pest Y!x ^ Y!s ^ Probably ^ Natural ^ Nomkbe
^ PngMnl at time of tleaM ~ NO ^ Unknown ^ Accident Q Pending lmresUgatlon
^ Not xgnant but pragnMt within 4Z tlays Of death ^ Sulelde ^ Could no[ M determined
^ Not prpnanL but prpnant a3 days to 1 year Mfwe death
k 33. Date Ol Inlury (MO/Dey/Yr) (Spell Monthl
^ Un
nown if pregnant wNhln [M past year
33. Time a( Injury
3A. Platt of Inlury ie.g. Mme; comtructbn site; farm; KMOI) 35. locatbn of Inlury (Street and NumOer, City. State, Zlp [ode)
3g. Inbry at Work 3). I(Transportatbn Inlury. SpKlfy: 3g. Oesekbt Now Inlury Occurred:
Q Yes ^ Driver/Operates ^ PedesMan
^ No ^ Psffenger ^ Other jSpecifyj
39e. Grtifler (G1Kk wky me):
^ CertilylM phYticlan ~ To tM Mst o1 my Ynowledge, death occurred due to the cauulsl aM manner hated
^ PrwlOUnciM 6 QrtiktiM physkian ~ To tM Mst of my knowhdge, death Kcurred al the time, date, arM place, antl due l0 tM cauttls) and manner stated
^ Medkal EvarMner/[wooer - On IM bash o/ evamkwtion, and/Or Irwestigatlen, In mY aWnbn, deaM occurred at the time, date, and phce, arM due t0 the causels) and manner Rated
Signature Of ttrtihx: (~.~ TRle Ol certifler~ ~u' Pl'^
Licenu Number: v 1 Y .~ I ~L
39b. Name, Address and Zip fade /Person Comphting Guse of De }~th (Inn Z6
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
Local Registrar Date Issued
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OF
MARTHA E. HULK
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° I, THA E. HULK, of Upper Allen Township, Cumberland
~'v>~ty~ennsg~v~iia, do make, publish and declare this to be my Last Will and
~~ r.L °~ca
'i~s~ament, r~yb~revoking all Wills and Codicils by me at any time made.
r~ c~ r., Q
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v c', c I~ I: I direct that all inheritance and estate
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4raxes booming date by reason of my death, whether payable by my estate or by
any recipient of any property, shall be paid by the Executor out of the residue of
my estate, as an expense and cost of administration of my estate. The Executor
shall have no duty or obligation to obtain reimbursement for any such tax so paid,
even though on proceeds of insurance or other property not passing under this
Will.
ITEM II: I direct the Executor to pay the expenses
of my last illness and funeral expenses from the residue of my estate as an
expense and cost of administration of my estate.
ITEM III: I give to my sons, KEVIN A. RUCK and
ERIC A. RUCK, or the survivor of them, absolutely and in fee simple, all of my
household furniture and furnishings, books, pictures, jewelry, silverware,
automobiles, wearing apparel and all other articles of household or personal use or
adornment and all policies of insurance thereon, to be divided between them as
they shall agree.
Page 1
ITEM IV: I give all the rest, residue and remainder
of my estate, not disposed of in the preceding portions of this Will, to my children
in equal shares. If either of my children is not living at the time of my death,
TWENTY-FIVE THOUSAND ($25,000) DOLLARS shall be paid to his surviving
spouse, if any. The balance shall be given to the Trustees hereinafter named, IN
TRUST NEVERTHELESS, for the benefit of the issue of my deceased child, per
stirpes, to be held, administered and distributed as follows:
(a) The Trustee shall divide the share of my deceased child
into as many equal parts as there are then living children of my
deceased child. The Trustee shall hold one such share as a separate
Trust for the benefit of each living grandchild.
(b) In each Trust established for the benefit of a grandchild
of mine, the Trustee shall quarterly pay the net income to or for the
benefit of my grandchild. The Trustee shall also pay to or for the
benefit of my grandchild so much of the principal of his or her Trust
as may be necessary, in the sole discretion of the Trustee, for the
proper support, maintenance, medical care, and college or higher
education of my grandchild.
(c) Upon my grandchild's attaining the age of twenty-one
(21) years, the Trustee shall pay to him or her one-third (ll3) of the
then principal. Upon my grandchild's attaining the age of twenty-five
(25) years, the Trustee shall pay to him or her one-half (1/2) of the
then principal. Upon my grandchild's attaining the age of thirty (30)
years, the Trust shall terminate and the Trustee shall pay to my
grandchild the balance of the then principal.
Page 2 ~~ '
(d) Should my grandchild die before final distribution of the
assets of the Trust, but be survived by then living issue, the Trustee
shall quarterly pay the net income from the Trust to or for the benefit
of the issue of my deceased grandchild, per stirpes, living at each
time of quarterly distribution. As soon as any issue of my deceased
grandchild attains the age of twenty-one (21) years, and in no event
later than twenty (20) years following the death of my grandchild, the
Trustee shall pay over all of the then assets in the Trust to the then
living issue of my deceased grandchild, per stirpes. Should my
grandchild die before final distribution and not be survived by then
living issue, the provisions of subparagraph (e) shall apply.
(e) If at any time before final distribution of the assets of
any Trust established for a grandchild of mine, there are no living
beneficiaries of the Trust, the Trust shall terminate, and its assets
shall be paid to my then living issue, per stirpes. Provided, however,
that if there is then in existent any Trust created under this Will for
the benefit of that issue, the assets which would have been paid to
such issue shall be added to the principal of the Trust established for
the benefit of such issue.
(f) The Trustee of any Trust established hereunder for the
benefit of a grandchild shall be my surviving child.
If either of my children is not living at the time of my death,
and is not survived by issue living at the time of my death, the balance of my
deceased child's share not passing to his surviving spouse shall be paid to my
surviving child, or to his then living issue, per stirpes. However, if there is then
in existence any Trust under this Will for such issue, the share that would have
been paid to him or her shall be added to the principal of his or her Trust.
Page 3
kind. The Executor and Trustee are each authorized to make, join in
and consummate partitions of lands, voluntarily or involuntarily,
including giving of mutual deeds, or other obligations, with as wide
powers as an individual owner in fee simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the
power conferred upon the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real
estate.
(f) To borrow money from any person, including the
Executor or Trustee, to pay indebtedness of mine or of my estate,
expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate or any Trust
established by this Will. This paragraph shall not be construed to
authorize borrowing from "Trust B".
(g) To pay all costs, taxes, expenses and charges in
connection with the administration of my estate or any Trust
established under this Will. If any death taxes are payable with
respect to my estate, these taxes shall be paid from "Trust A".
Page 5 ~ ' ~ -
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or
any Trust established under this Will, and to exercise all the powers
incident to the ownership of stock.
(j) To unite with other owners of property similar to
property in my estate to carry out plans for the reorganization of any
company whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to
the following means: as beneficiary under a will, as an appointee
under the exercise of a power of appointment, as a person entitled to
take by intestacy, as a donee of an inter vivos transfer, and as a
donee under athird-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized
by law.
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my
estate or trust, without affecting the compensation to which the
Executor and Trustee are entitled.
Page 6 ~~
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
skipping transfer tax shall be either zero or one, in order that an
election under Section 2652(a)(3) of the Internal Revenue Code may
be made with respect to one of the separate Trusts, or for any other
reason.
(o) To allocate administrative expenses to income or to
principal, as the Executor or Trustee deems appropriate. However,
no allocation to income shall be made if the effect of the allocation is
to cause a reduction in the amount of any estate tax marital
deduction or estate tax charitable deduction.
(p) To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment
and distribution of the estate and Trusts established under this Will.
ITEM VII: The Trustee is authorized to distribute
principal and/or income in any one or more of the following ways if the Trustee, in
the sole discretion of the Trustee, considers the beneficiary unable to apply
distributions to the beneficiary's own best interests, or if the beneficiary is under a
legal disability:
(a) Directly to the beneficiary;
(b) To the legal guardian or conservator of such beneficiary;
(c) To the Trustee, or to another person selected by the
Trustee, as custodian under the Pennsylvania Uniform Transfers to
Minors Act as to a beneficiary under the age of twenty-one (21) years;
Page 7 '~
.,
(d) To a relative of the beneficiary, to be expended by that
relative for the benefit of the beneficiary; or
(e) By directly applying distributions for the benefit of the
beneficiary.
ITEM VIII: Any person who shall have died at the
same time as I shall have, or in a common disaster with me, or under such
circumstances that the order of our deaths cannot be established by proof, or
within thirty (30) days of my death, shall be deemed to have predeceased me.
ITEM IX: I hereby nominate, constitute and
appoint my sons, KEVIN A. HULK and ERIC A. HULK, to be the Executors,
herein collectively referred to as "Executor". In the event of the death, inability or
refusal of both my sons to serve as Executor, ORRSTOWN BANK, Shippensburg,
Pennsylvania, shall serve as Executor. If either of my sons serves as Trustee of
any Trust under this Will, he shall have the right to name the person who will
serve as successor Trustee. If neither of my sons are able to serve as Trustee, and
if no successor Trustee is appointed, then ORRSTOWN BANK, Shippensburg,
Pennsylvania, shall serve as Trustee. The Executor and Trustee are specifically
relieved from the duty or obligation of filing any bond or other security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding seven (7) pages, at
the end of each page of which I have also,.s~et my initials fo~r/greater security and
better identification this /,3 day of J`-.O , 191b .
(SEAL)
THA E. HULK
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We, the undersigned, hereby certify that the foregoing Will was
signed, sealed, published and declared by 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 set our hands and seals
the day and year first above written, and we certify that at the time of the
execution thereof, the said Testatrix was of sound and disposing mind and
memory.
~ ~ (SEAL)
(SEAL)
(SEAL)
Residing at
a--/~
Residing at ~ 311 Q ~ ~.27CQc--~"
Residing at
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
., ) SS:
COUNTY OF )
I, MARTHE E. RUCK, 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
and Testament; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
'~~?.7a-~r~~~_~.~~~~~ (SEAL)
MARTHA E. HUCK
Sworn to and subscribed before
me this / 3 ~f-h day of
~e6rc~arY , 19 ~~
- ~.
Notary Public
My Commission Expires:
(SEAL)
Notarial SeaNotary Public
Margaret M. Ke~WO~Dauphin County
SusGuehannaTwp•~res Sept. 28.2001
My Commission Exp
M®r'~b~~~.pq~nsylvania Association of Notaries
,•
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~ a~.,a ~-.,
SS:
We, L ~.,~/C~4 /~~ ~cJ / , ,/~.c7 Y1tt-ct,.~ • ~~~ and
o ,the Witnesses whose names are signed to the
attac d or foregoing instrument, being duly qualified according to law, do depose
and say that we were present and saw Testatrix, MARTHA E. RUCK, sign and
execute the instrument as her Last Will and Testament; that Testatrix signed
willingly and that she executed said Will as her free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the
Testatrix signed the Will as Witnesses; and that to the best of our knowledge the
Testatrix was at that time eighteen (18) or more years of age, of sound mind and
under no constraint or undue influence.
Witness
fitness
Witness
Sworn to and subscribed before
me this /3 f ti day of
~e ,[, r u a,~ y , 19 9~
~. -
Notary Pub is
My Commission Expires:
Notarial S6aNotaTY Public
(SEAT.) aret M. KenworthY~ hm County
SusquehannaTWP•~T~S $ept. 28, 2001
MY Comm~ssi~n Exp
Member. Pennsylvania Association of Notaries
130216 1