HomeMy WebLinkAbout10-21-13 PETITION FOR GRANT OF LETTERS
REGI5TER OF WII.LS QF CUMBERLAND __ CQUNTY,PENNSYLVANLA
Petiti�er(s}nameti betaw,who islare 18 years of aga or oider,apply{ies}for Ixtters as specified belaw,and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
eat' Iaformxtion ! t ���'/
Nxme: EVELYN y,TROY _ _ File No: J " I 3_
a/k/a: _.. _. (Assigned by Iiegister)
a/kla: _
alkta: Sociat Secnrity No:
Date of Death: � 12$ 013 _.._ Age at death: $�_._. _
llecedent was domicHed at death in �UM@�$�_._— Cannty, PENNSYLVANIA (State)with histher last
prinoipal residence at �2 MESSIAH CIRCLE UPPER A�LEN 7WP CUMBERLAND
3t�ee!�ddrma,Pat Ofbr�e�od tip Code City,Towoehip qr Horou`h Caunty
Decedent died at MESSIAH VILLAGE _ MEC�( N�_B Rl,�,_G __ CUMBERIAND PA
Strut�tts,Fort 016ce aA Zfp Code {StY,Tnwat6i9 or Bero�{p Cem2Y Sux
Estltnate of value of decedenPs propetty at death:
�fdomicAed tn Pexnay�vania................................All pmsonai properry S _ 850 Q00 00
Ifuet demhRed iie Pennsyh�wife.............................Psrsonel pr4periy in Peansyivsnia S �_._
Ijirot damicl(MIrt iknesylvurtia.............................Pasanel property in County S —�
Value ojrcal e.unte tn Pennsy[vanla.............................................................. S —._ .
TOTAL BSTIMATED YALUE.... S JSO,OOO.OQ �
R�si estate in Pennsytvanie situaied m: �
(At(och addiriond shens,ifneressory.J Strcet�ddrea,Post OHGee�nd 7lp Cade Cfy,Town4ip or Boroueh� Comty
O A. P�titi�n far Probau and Grsnt�f Letters T�ta�entarv
Petitiontr(%)aver(s)he/shehhey is/ere the Exxutol(s)nemed in the lest Wili ofthe I?ecedent,deted F /�01'� end CodiCil(s)
W�� N/A. ._
REN�NCIATICEN FILED BY KEN�►ETH J TR�,?Y
�u erAev,oed�.aeas k.8••�+�ow.d�F ej«urwr.ae.j
Except as folbws:afler the execudon of the inslrument(s)ut!'ered for pmbate Decedant did not marry,wes not divorced,was na a parry W a pending
divorce proceeding wherein tht�raunds f�divqrce had ban esieblished as defined in 23 Pa C.S.§3323{g),end did not hevt a child bom or
adaPtesl:and Decedent wes}reiticer 8u victim of a killing nor ever adjudicated an inc�acitsted petson.
!� � NO EXCEP'CIONS O EXCEPTIQNS —_ ._ —
C) B. Petitio�far Gra�t of Latters of Ad�istration(zf appliesate}_
' c.t.a.,db.n.,db.n.ct.a,pendenre tite,durante abaentia,durante minorttata
If Administratiap,c.ta or db.n.c.Aa,�nter dats of Wi0 lq Section A above and rnmnkte list ot bein.
Except�foilows: Lkcedent was not a pazty W a pai�iAicig divaa proeetding wlMerein ttw 8roundv for divorce h�b�cstsbtist�ed�t�fina!
in 23 Po.C.S.§3323(g)and was nritha the victim of a kiqing nor ever adjudicaud am incapacitated person.
❑ NO EXCEPTIQNS O EXCEPTIQNS �
PttitionaKs7,s8s a proper se�cdt i�asthavs ascetYained t6at Rect�&nS]eft xa W8�and wss�virGd bY the fol]owin8�f����Y)mui lceirs{adacA
addirionat sheets.ifrreceasary): �=,�„ .`U
£7 � � rn
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Form RWA2 mu.tth77�701 t F2�B � 4f 2
Oath of Personal Rapreaeatative � °�'�°�°°'>-�'
COMMONWEALTH OF PENNSYLVANL+I }
} 3S:
COUNTY OF �UMB k2LAND }
Petitioner(s)Printed Name Petitio�cer(s)Printed Addrese
d340 RdTH FARM VfLLAGE CIRCLE
RT P. QX , i P�Q�Q �.�_——.
308 LABANS LANE
IN _�—.
The Petiboner(s}eM.we•nsmed swear(s)or affitm(s)khe siatements in tha foregoing Petition ere true and cortect to the best af Lu knowiedge and belief
af Petirioner(s)and thet,aa Pecsonal Representatire(s}of th�Ikeairn Mid er{s)witt weU an txuly administtt the astate�ding ta law.
Sworn m or�ed and u 'bed o e ��W�t�_. �e �� '���1�
m day o � /G/ ?i .3
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BOND Raqnired: YES �I NO To t6e Regfsta of W1(ls: � ' �''�,3 f—�+ � v
FEES: Plwse enter my appsaranet by�3ignpure bebw: p o
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ixtttrs....................... S 68Q.04 Attom ' ature: -„ '' _ ,
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(3 )Short Certificates(s) .. ... . 15.00 , �7 ,`; ;_ cs
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( }Affidavit(s}. .... ... ... .. prietedName: QAVIDR GETZ. ESQUIRE
Hond ......................... _.
Commission . . ... . ... .... ... .... Supreme Court
Other _......... ID Number: $483$ _
Wi�� 15.00 F�N�: WIX.WENGER&WEIDNER
Taac ReUinv Fee ^..,,..... 30.00 Address: 50., 8(�OR.TH SECOND STREET
......,.. — P.Q. 64X&15
. ... ... .. — hjLRRI, S�E URG PA 17108
— - .. ... ... . ' Phone: (717)234-4182 _ �
g�: {717}234-4224 �_�_
Automation Fee . . ... ... ... 5.00 Email: 5�9��RSIaW CORI
7CS Fee ...... .... ....... ...... ___—Z3.SQ L
TOTAL ......................$ 753.50 —_�— _
DECREE dF THE REGLSTER
! Eatate oi�LYN H TROY _ Fi1e No: N l '�•�–j�Qd
alk/a: _:_—.
AND NOW, ���� j;--`�-� —, 2��3 ,in coasideca#ian of the foregaing Petition,
satisfactory proaf t�aving been presented before rne,IT IS DECREED that Letters TESTAMENTARY i
__ _ are hereby granted to THOMAS K. TROY and ROBERT P TROY
_ _�— in the abave estaze and fif appliaabie)that
the insuumem(s)daud �Y 22 2013 _—_
described in the Petition be admltted to gcobate and tiled of recocd as the last Will{and Cadicil(s}}of I3`eoedant
Ragiste��_1..L���1d13.'Li �
t,`o,�ew.oz ,ev.raifr aarr �"� �' 2 C/`
xros.eos acv�vnu � —� .
LAST WILL AND TESTAMENT
OF
EVELYN H. TROY
I, Evelyn H. Troy, of Mechanicsburg, Cumberlartd County, Pennsyivania;
being of sound and disposing mind and memory, do make, pubiish and �lare tk,� my
Last Will and Testament, hereby revoking all other Wills and C�ii�ls by reie a1',�$r�tim�e
previousfy made. � � ��; � �* �
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Pravision for Taxes -�= • �� � �'
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ITEM I: I direct that all inheritance and estate tax�s ti�acomit]g d� �y
reason of my death, whether such taxes may be payable by my-,�st�te or�r a�y o
recipient of any property, shail be paid by my Executor out of ttr�property�3assing
under this Will that is not specifically devised or bequeathed as an expense and cost of
administration of my Estate. My Execu#or shall have no duty or obligatian ta obtain
reimbursement for any sucfi #ax paid by my Executar even though an proceeds of
insurance or other praperty not passing under this Will.
Dispositive Provisians
ITEM ii: 1 may have piaced with this Will or otherwise made known ta my
Executor a separate writing giving aertain items of personal property to certain
individuals. It is my intentiot� that such items shall pass ta such individuals to be
distributed by my Executor in accordance with such writing. In the absence of such
writing, or to the extent it is incomplete or ineffective, then all my praperty, rea{,
personal, and mixed, shall be distributed in accardance with Iterns Itt and IV herein.
ITEM 111: 1 give and bequeath all of my household furniture and
furnishings, automobites, boaks, pictures,jewelry, china, linen, silveravare, wearinr�
apparel, and all other like articles of househald or personal use and adornment not
otherwise disposed of under Item !t hereof to my husband, Kenneth J. Troy, if he
survives me, or if he does no# survive me, to my children, Thomas IC. T�oy and Rabert
P. Tray, or ta the survivor of them, ta be divided between them in as nearly equal
shares as practicable and as they may agree. In the event both of my children
predecease me, this bequest shall lapse and the aforesaid property shall became part
of my residuary estate.
!TE(ul IV: In the event my husband, Kenneth J. Troy, predeceases me,
then I hereby make the following specific bequests:
Page 1 of 9
(a) Twenty Thousand Dollars ($2Q000.00) ta each of my
grandohildren; namely, Jennifer �. Hoopai and Jessica G. Tray. In
#he event either of my grandchildren does not sunrive me, then their
respective bequest shall lapse.
(b) Qne Thousand Doilars ($1,000.00) ta each af my godchildren;
namely, Lisa Wickham, William Reitre, and Ryan Sinks. In the
event any of my godchildren do nat survive me, their respactive
bequest shail lapse.
{c) Fifty Thousand Dollars ($50,000.00} to each of my daughters-in-
iaw; namely Jeanne 7ray and Sheree Chaffant Troy. In the event
either af my daughters-in-law does not survive me, Yheir respective
bequest shall lapse.
(d) Five Thousand Dollars ($5,000.00} to my niece, Diane Sinks. In
the evertt Diane Sinks does not survive me, th�s bequest shall
lapse.
(e} Five Thousand Dollars {$S,OQOAO} to Giit of Hape, Church World
Services, located at 28606 Phillips Street, P.O. Box 968, Elkhart,
Indiana, or its successor, ir� the name of Evelyn and Kenneth Troy.
(� Three Thousand Dollars ($3,OOQ.00) to Church Women United
IVational, located at 478 Riverside Drive, Suite 500, New York, New
York, or its successar, in the name of Evelyn and Kenneth Troy.
{g) Five Thousand Dollars ($S,OOp.00) to ELCA, Missionary
Sponsorship, E.P.ES., located at 8765 W. Heggins Road, Chicago,
ilfinois, ar its successor, in the name of Evelyn and Kenneth Troy.
{h} Three Thausand Dallars {$3,000.00) to Chi�ren Intemational,
lacated at P.O. Box 219357, Kansas Gity, Missouri, or its
successor, in the name of Evelyn and Kenneth Troy.
(i) Twenty Thousand Dollars ($20,p00.00) to Lutheran Wa�ld Relief,
Iocated at P.O. Box 17061, Baltimore, Maryland, or its successor, in
the name of Evelyn and Kenneth Troy.
(j} Two Thousand Dollars ($2,000.00) to Breast Cancer Sociery of
( New Jersey, Iocated at PM.B 226, 3587 Flighway#9, Freehold, �
New Jersey, or its successor, in the name of Evelyn and Kenneth
Troy-
Page 2 of 9
(k) Twenty Five Thousand Dollars ($25,000.00) ta Saint Stephen
Evangelical Lutheran Church lacated at 3145 Park Avenue, Sauth
Plainfield, New Jersey, ar its successor, in #he name of Eve#yn and
Kenneth Troy.
I# is my inten#ian that the bequests set€arth in subparagraphs {e}through {k} above qualify
for a charitabis deduction under the Intemal Revenue Code af 1986, as the same may be
amended or modified from time to time.
iTEM V: i give, devise, and bequeath all of the rest, residue, and
remainder of my property, real, personal, and mixed, to my hasband, Kenneth J. Troy.
In the event my husband, Kenneth J. Troy predeceases me, then ! give, devise, and
bequeath said rest, residue and remainder of my estate in equal shares to my children,
Thomas K. Troy and Robe�t P. Troy, outright. If my son, Robert P. Troy, should
pret�ecease me, then his share shall pass as follows: Sixty percent (60°l0) ta my
daughter-in-law, Jeanne Troy, outright, per stirpes; and Twenty percent (20%) to each
of my granddaughters, Jennifer L. Hoopai and Jessica C. Troy, outright, per stirpes. If
my son, Thomas K. Troy, should predecease me, then his share shall pass to my
daughter-in-law, Sheree Chalfant Troy, outright. If 5heree Ghalfant Troy shail
predecease me, then this bequest shall pass to my son, Robert P. Troy, outright, per
stirpes.
Trust far Grandchildren
ITEM VI: If any beneficiary other than my children (i.e., grandchildren) is
en#ftled ta a distri#utable share af ttre principal af my estate and has nat attained twenty-
five (25) years of age, then I give and bequeath such share to my Trustee, hereafter
named, to be heid IN TRUST NEVERTHELESS for the benefit of such grandchild, in
accardance with #he following terms and canditians:
(a} My Trustee shall have, hold, manage, inves# and reinvest the
principal thereaf and shal#, if the grandchi#d has not attained
twenty-five (25) years of age, pay to or for the benefit of such
grandchild in not less than quarterly installments so much of the net
income and principal af said trust as the Trustee, in the Trustee's
sole discretion, shall deem necessary and apprapriate ta maintain
said grandchild in the proper station in life, including proper
suppart, rrtaintenance, medical, hospital, nursing and nursing home
care, and high school, vacational, college, university and
post-graduate education. Any undistributed income shall be
' accumulated.
(b} Upon such granchild's attaining the age of twenty-five (25} years,
she shall, upon written request, be paid all af the remaining assets
Page 3 of 9
af the trust. In the even# a trus# beneficiary dies prior to receiving
all of her trust assets, such remaining trust assets shall be payable
to the deceased trust beneficiary's estate,
(c} If the Trustee determines that it is no langer desirable ta maintain a
grandchild's trust, or the value af#he catpus is fess than Five
Thousand Dollars ($5,p00.00), the Trustee may distribute the entire
corpus and accumulated income of the trust ta its beneficiary, at
which time the trust shall cease and terminate.
(e) Except as otherwise may be provided, during the continuance of
any of the t�usts created under the provisians of this Will, and
thereafter until the property is distributed to and received by a
benefiaiary hereunder, the principal sums thus held in trust for any
beneficiary, and the income thsreof shall not be subject to or liabie
for any contracts, debts, engagements, liabilities, or tar#s of such
beneficiary now or hereafter made, contracted, incurred, or
cammitted, including, withaut limifation, attachment, levy, and
seizure by any creditor, spouse, assignee, trustee, or receiver in
bankruptcy, but shall be a6solutely free from the same, and such
beneficiary shall have no power to se}I, assign, anticipate, or
encumber all or any part of the principal sums of such beneficiary's
interest therein, or the income thereof.
Apnqintment of Fiduciaries
ITEM Vli: I hereby nominate, constitute and appoint my husband, Kenneth
J. Tray, to be my Executor. In the event of the death, resignation, refusal or inability of
my husband ta serve as Executor, 1 nominate, canstitute and appoint my children,
Thomas K. Troy and Robert P. Troy, or the survivar of them, to serve as Ca-Executors
in his place.
ITEM VIII: I hereby nominate, constitute and appoin# my sons, Thamas K.
Troy and Robert P. Troy, or the survivor of them, to serve as Go-Trustees of any trust
created under this Wi1L The last surviving Trus#ee as r��med a6ave in this W�1 shalE
have the power to designate his or her successor which shaN take effect in the event of
the death, resignation, refusa! or inability of the last living Trustee to serve. All
references herein ta the '"Trus#ee" shatl mean the ariginally appainted Co-Trustees or
the successar Trustee or Ga-Trustees, as the case may be.
ITEM fX: If at any time any minor chitd or mentally incapacita#ed persan
shall be entitled to receive any assets hereunder, my Trustee shall act as Guardian of
the assets payable ta such person and shall have full authority to use such assets in
any manner as such Guardian shall deem advisable far the best interests of such
person, including praper support, maintenance, medical, hospital, nursing and nursing
Page 4 of 9
I
home care, high schaoi, college, university, post-graduate or other education, without
securing court order.
ITEM X: My Executor, Trustee, and Guardian are specificaily relieved from
the duty or obligatian of filing any bond or other security.
Powers of Fiduciaries
ITEM XI: in the settlement of my Esta#e and during the continued existence
of the foregoing trusts, my Executor and Trustee of each trust shall possess, among
others, the following powers ta be exercised for the best interests of the beneficiaries:
(a) 7o retain any investment I may have at my death, so long as my
Execu#a�or Trustee may deem it advisable#o my Estate or trusts ta
do so.
{b} To vary investments, when deemed desirable by my Executor or
Trustee, and ta invest in such bonds, stacks, nates, maney
marke#s, real estate mortgages or other securities, other than
optians or futures, and in such other real ar personal property as
my Executor or Trustee shail deem wise, without being restricted to
so-called "legal investments."
(c) in order to effect a division of the principal of my Estate or a trust or
for any other purpose, inclading any final distribution of my Estate
or any tnast, my Executor or Tnastee is au#horized to make said
divisions or distributions of the personalty and realty, partly or
wholly in kind. {f such division or distribution is rnade in kind, said
assets are required ta be divided ar dis#ributed at their respecfive
values an the date(s) af their division or distribution.
{d} To sell, either at public ar private sale, and upon such terms and
conditions as my Executor or Trustee may deem advantageous to
my Esta#e or trusts, any or all rea! or personal estate ar interest
therei� owned by my Estate ar trusts, severalty or in conJunction
� with other persons, or acquired after my death by my Executor or
Trustes, and to consummate said sale{s) by sufficient deeds or
ather instruments to the purchaser{s) conveying a fee simple title,
free and clear of all trust, and without obligation or liability of the
purchaser(s) to see to the application of#he purchase money ar to
make inquiry into#he validity of said sate(s}; also, to make, execute,
acknowledge and deliver any and all deeds, assignments, options
or other writings that may be necessary or desirable to effect any of
the bequests ar devises made in my Will or in carrying out any of
Page & of 9
the powers conferred upon my Executar or Trustee in this Item
XI(d) ar elsewhere in my Will.
(e) To martgage reai estate and ta make leases of real estate.
{fl To borraw money from any patty to pay indebtedness of mine or af
my Estate or trusts, expenses of administratian, or inheritance,
legacy, estate and other taxes.
(g) To pay all cos#s, taxes, expenses and charges, except as herein
noted, in connection with the administration of my Estate or a trust.
My Executor shali pay expenses of my last illness and funeral
expenses.
(h} To vote any shares af s#ock that farm a part of my Estate or a trust
and otherwise to exercise all the powers incident to the owrnership
af such stock.
(i) To assign to and hold in a trus# an undivided portion af any asset.
{j} In the discretion ot my Trustee, i#the size of any#rust herein
estabiished shall become so smail tha# it is impractical or
uneconomical ta continue said trust, my Trustee may distribute al!
accumula#ed income and principal to the then income beneficiaries
in proportion to their income interests.
{k} To merge, after tha death of rny husband, any trus#created
hereunder with any other trust ar trusts created by me or my
husband, under will or deed, if the terms of any such trust are
substan#iaNy similar and are held far the primary benefit o#the
same persons, and if such merger shall not cause an adverse
income, estate or generation-skipping transfer tax consequence.
(I) The right and discretion to elect the most appropriate settlement
options for any pension plans, individual retirement accounts or
ather employee benefd optians payable fo my Esta#e ar anq#rust,
assuming such election shall be in acoordance with procedures
established by the plan's administrative committee or administrator,
as the case may be.
(m) The right ta engage accountants, attorneys, appraisers and other
agents, as deemed necessary by my Executar or Trustee, to render
advice ta and/ar to represent my Executor or Trustee, as my
Executar or Trustee deem necessary or appropriate to the
Page 6 of 9 '
administration and preservatian of my Estate or the assets of any
trust.
(n) To do all other acts tha#, in the judgment of my Executor or Trustee,
are necessary ar desirab�e for the proper and advantageous
management, investment and distributian af my Estate.
Miscellaneous Pravisions
ITEM XII: Any person who shall have died at khe same time as me, or in a
cammon disaster with me, ar wha shali fail fo survive me by ninety(90} days, shall be
deemed to have predeceased me.
IN WITNESS WHEREOF, 1 have hereunta set my hand and seal to this, my
Last Wiii and Testamsnt, cansisting af this page, the next two pages, and the preceding
six pages, this 22nd day of May, 2013.
� l r�
,�, - /i..��--
�� .. ,
Evelyn H. Tray
SIGNED, SEALED, PUBLISHED AND DECLAREQ by the above-
named Testatar, Evelyn H. Troy, as and for her Wilt, in the presence af us, wha, at her
request, in her presence and in the presence of each other, have hereunto subscribed
o na es as witnesses in attestation thereof.
� Address�p✓���;►���� �IJi`��'2
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'��.�"''..- "'`-t\�� Address �� �`�'� � �X�.*��� fl
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Page 7 of 9
_
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF C.�,.M�n�\qh�I :
I, Evelyn H. Troy, the Testator 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 that I
signed it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Evelyn H. Troy, the
Testator, this 22nd day of May, 2013.
��c�-e,Q�r,J! ' �—�-�f�l
�TM��,�Y Evelyn H. T y, Testator
rbudu se�
ee�a ea�,�a�t roorarr wdk � �
We&canwall7wp.,�ebano„Camty
7en.27 2014
V1Y0�""�0Q�10FN0r""� Notary Public
My Commission Expires: J4� a�, 1O'y
Page 8 of 9
COMMONWEALTH OF PENNSYLVANIA ;
: SS.
CC}UNTY OF �.h.rt-��ae��cav.c,l ;
We, David R. Getr and 17�,,���no ��� L� , the witnesses
whose names are signed ta the attached ar foregoing instnament, being duly qualified
accarding to law, do depose and say that we were present and saw the Testator sign
and execute the instrument as her Last Will; that the Testator signed wiliingly and
executed it as her free and valuntary act for the purposes therein e�ressed; #hat each
subscribing witness, in fhe hearing and sight of the Testator, signed the Will as a
witness; and that to the best of our knowledge the Testator was at that time 78 or more
years of age, of saund mind and under no constraint or undue influence.
Sworn ta or affirmed and subscribed to before me by David R. Getz and
l�,n�1q �-� �...e , witnesse ' 22nd day of May, 20'f3.
K
Witness
n�oF v ���...
�s� ��,�`'�.�'V�. `..
�+'a e��t"°a�"'°'rou` W itness
wmct«rnaxn,R.,�w�c�uay
�+ ,qa,.z7 mu
wvtn a �'\�=L.,C.,e \� c1�,Q ,,.,`,�
Natary Publi'c�— �� �� it
My Commission Expires: ..�c1✓t � l
.. F:1dbWiWiiisiFraytEvelyn H.-Wi!l.doat
Page 9 of 9
RENUNCIATION RECORDED 13FFICE OF'
RE6ISTER OF �'Il.LS
�GisTExoFwiLLS 'li3 ��CT 21 AI1 9 56
CuMBERLAND COUNTY, PENNSYLVAAIIA CLER'' G;
0Ri'H:;, � : � , •:nT
Ai�;t� GG., °k�
Estate of�ELYN H. TROY ,Deceased
i, ISENNETH J. TROY , in my capacity/relationship as
(Prinr Name)
SPOUSE of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
THOMAS K. TROY and ROBERT P. TROY
C,��+ a� au�� -� .�
(Datel (5ignamre)
317 MESSIAH C�RCLE
(Street AddressJ
MECHANICSBURG PA 170F5
(Cfty,Smfe,ZiP)
Executed in Register's O,jj'ice Executed out of Register's Ofj'ue
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party execuUng this renunciation and certified
of , . that he or she executed the renunciation for the
purposes stated within on this�day
of �-:4�(�a�r ,2413_.
��� _ c� .�_�
Deputy for Register of Wills Notary Pubh
My Commission Expires: �C�v� � �, 2 o i`(
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