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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COiJNTY, 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: Nancy C. Sulliva❑ File No: ,��/`7r—�JD�
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: May 13,2014 Age at death: 79
Decedent was domiciled at death in Cumberland County, pennsylvania (srare)with his/her last
principal residence at 1908 Letchworth Drive 17011 Lower Allen Township Cumberland
Street address,Post OfTice and Zip Code City,Township or Borough County
Decedent died at 1908 Letchworth Drive, 17011 Lower Allen Township Cumberland Pennsvlvania
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania.. ................ .. .... .. . . All personal property $ 24,085.00
If not domiciled in Pennsylvania. ..... ..... ... .... . .. . .. Personal property io Pennsylvania $
lf not domiciled in Pennsylvania. ... .. .. ... ... .... ... . .. Personal property in County $
Value of real estate in Pennsylvania... .. ... ....... .... .... ... .... .. ... . .. .... . ......... ..... $ 12�,0��_��
TOTAL ESTIMATED VALUE. .. . $ 144,085.00
Real estate in Pennsylvania situated at: 1908 Letchworth Drive, 17011 Lower Allen Township Cumberland
(Attach additional sheets,i(necessary.) Street address,Post OfTice 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/are the Executor(s)named in the last Will of the Decedent,dated April 22,2010 and Codicil(s)
thereto dated N/A
State relevant circumstances(e.g.renunciation,death of executor,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 bom 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.t.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 asceRained that Decedent lefr no W ill and was survived by the following spouse(if any)and heirs(a�ch
additional sheets, if necessary): � r-.,�
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Form RW-02 rev. 10/11/2011 Page 1 of 2
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA } i,;�;/
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COUNTY OF Cumberland } � --� � �
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Petitioner(s)Printed Name Petitioner(s)Printed Address r�'i —.- c-> "'� ', -
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Kenneth L.Kostelac Sr. 1783 South Meadow Drive Mechanicsbur PA 17055 y;,. = rT�, W "��
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and conect to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent,t Petiti r.(��will well and truly administer the estate according to law.
- �._. .
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Sworn o r �rmed n scribed befare �-�� i ���._ Date �-�3-/�f
me t � day o /� Date
By: Date
' F r t e Register Date
BOND Required: � YES � NO To the Register of Wi[[s:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ ��� Attorney Signature:
( 10 ) Short Certificate(s). . . . . . _���O
( ) Renunciation(s).. . . . . . . . G��
( ) Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed ame: Craig A. Hatch
Commission. . . . . . . . . . . . . . . . . . Supreme Court
O he , . . . . . . . . ID Number: 76361
. . . . . . �
, . . . . . . . Firm Name: Halbruner,Hatch&Guise,LLP
D Address: 2109 Market Street
. .� . . . . � � ,S''amn HiII�PA 17011
. . . . . . Phone: 717-731-9600
Automation Fee. . . . . . . . . . . . . . . ' � Fax: 717-731-9627
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: h h �gjlr.cnm
TOTAL. . . . . . . . . . . . . . . . . . . . . $
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�DECREE OF THE REGISTER
Estate of Nancv C. Sullivan File No: �� —���LJV�
a/k/a:
AND NOW, ,�ld� , in consideration of the foregoing Petitio�s,
satisfactory proof having bee e ented before me, IT IS DECREED that Letters Testamentarv
are hereby granted to Kenneth L. Kostelac Sr.
in the above estate and (if applicable)that
the instrument(s)dated A ril 22 2010
described in the Petition be admitted to probate and filed of rec r as the last Will (and C d' il(s)) of Decedent.
.
egi r of Wills
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Form RW-02 rev. 10/l!/2011 �
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
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No. 2014- 00508 PA No. 21- 14- 0508
Es ta te Of: NANCY C SULLIVAN
(First,Middle,Last)
La te Of: LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Security No: 200-26-8154
WHEREAS, on the 23rd day of May 2014 an instrument dated
April 22nd 2010 was admitted to probate as the last will of
NANCV C SULLIVAN
/Fiist,Middle,Lastl
late of LOWER ALLEN TOWNSH/P, CUMBERLAND County,
who died on the 13th day of May 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
KENNETH L KOSTELAC
who has duly qualified as EXECUTOR(R/Xl
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 23rd day of May 2014. ,�
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Register of Wills
eputy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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NANCY C. SULLIVAN � � � '
I, NANCY C. SULLIVAN, now of 1908 Letchworth Drive, Camp Hill, Cumberland
County, Pennsylvania, 17011, do publish and declare this to be my Last Will and Testament,
hereby revoking all other prior wills and codicils made by me.
FIRST: Fam' Background and Appointment of Eaecutor.
(A) Family and Back�round Information. I am married to THOMAS J.
SULLIVAN. Our children are NANCIE C. MENAPACE, SUSAN L.KOSTELAC and
JE1�iINE A. BRINTON. Throughout this will, THOMAS J. SULLIVAN will be referred to as
"my husband" or "my spouse" and NANCIE C.MENAPACE, SUSAN L. KOSTELAC and
JEI�TINE A.BRINTON will be referred to as "my children." The word "issue" will include my
children as well as my other descendants. I decline to make distribution or provision for my
daughter, JErTINE A.BRINTON.
(B) Appointment of Ezecutor. I appoint as my Executor and successor Executors
(all hereinafter referred to as Executor) under this Will, the following named persons to serve
without bond and without being required to account to any Court:
Egecutor: My son-in-law, KENNETH L. KOSTELAC,SR.
Successor Eaecutors: My daughter, NANCIE C. MENAPACE, and
my daughter, SUSAN L.KOSTELAC, to act jointly or individually..
SECOND: Funeral and Last Illness Egpenses; Tazes.
(A) Egpenses of Funeral and Last Illness. Notwithstanding that my husband,
THOMAS J. SiTLLIVAN, survives me, I direct my Executor to pay my funeral expenses and
the expenses of my last illness from my estate.
(B) Tages. 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 any 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
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LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 2
taxes, whether such property passes under or outside of this Will. Without any apportionment
otherwise required by law and 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, I direct that
any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled
to reimbursement for any portion of any such taxes from any such person.
THIRD: Tan„gible Personal Propertv. Except for those items enumerated in the Letter
of Instruction, I bequeath all my tangible personal property, including but not limited to clothing,
jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all
other similar articles, which I own, and the insurance thereon, to my daughter, NANCIE C.
MENAPACE and my daughter, SUSAN L.KOSTELAC, per stirpes, to be divided among them
as they shall select in as nearly equal shares as is practical. Tangible personal property shall not
include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in
banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or
accident insurance policies.
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 children may be distributed or sold in
the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the
residue of my estate. Any such article allocated to a minor may, as my Executor deems
advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor.
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: Residuary Estate. I devise and bequeath all of the rest, residue and
remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to
which I am legally or equitably entitled, to my daughter,NANCIE C.MENAPACE and my
daughter, SUSAN L.KOSTELAC, in equal shares, per stirpes. If and in the event that either of
my daughters, NANCIE C.MENAPACE and SUSAN L.KOSTELAC, predecease me with ut
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LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 3
leaving surviving issue, then I leave the rest, residue and remainder of my estate to the survivor
of NANCIE C. MENAPACE and SUSAN L.KOSTELAC,per stipes.
By this Will, I have made the decision to exclude my husband, THOMAS J.
SULLIVAN, from a share in my estate.
FIFTH: Powers of Ezecutor. 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 shall have and exercise exclusive management and control of the Estate and shall be
vested with the following specific powers and discretion, in addition to the powers as may be
generally conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such instruments, deeds, or other documents as may be
deemed necessary or proper, including the following powers, all of which may be 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 Estate, and to
grant options, including any option for a period beyond the duration of the Estate.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes,
choses in action, real estate or improvements thereon, and any other property as the
Executor may deem best, without regard to any law now or hereafter enforced limiting
investments of fiduciaries.
(3) To retain for investment any property deposited with the Executor 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.
._..��/ L%�d�.
LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 4
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for
their services.
(6) To compromise, settle or adjust any claim or demand by or against the Estate
and to agree to any rescission or modification of any contract or agreement affecting the
Estate.
('n To renew any indebtedness, as well as to borrow money, and to secure the
same by mortgaging,pledging or conveying any properly of the Estate.
(8) To retain and carry on any business in which the 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 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 Estate may have an interest, to become or remain a
partner, general or limited, in regard to any such business or 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 Estate asset and
the Executor shall be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21)years of age, the Executor shall be authorized to hold
such property in Trust for such person until he/she becomes twenty-one (21)years of age, and in
the meantime shall use such part of the income and the principal of the Estate as the Executor
may deem necessary to provide for the proper support and education of such person. If such
person should die before becoming twenty-one (21)years of age, the property then remaining in
trust shall be distributed to the personal representative of such person's estate.
_ __ _ . _
LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 5
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the 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 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 Estate and any division into separate trusts or shares,
the 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 Executor shall be
binding and conclusive on all persons taking hereunder. The Executor may in making such
distribution or division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall be authorized to lend or borrow, including the right to lend to
or borrow from any trusts which I or my husband may have established during life or by will at
an adequate rate of interest and with adequate security, and upon such terms and conditions as
the Executor shall deem fair and equitable.
(F� The Executor shall be authorized to sell or purchase at the fair market value as
determined by the Executor, any property to or from 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 as Trustee of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should be charged
or credited to income or principal or allocated between income and principal as the Executor may
deem equitable and fair under all the circumstances, including the 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 at 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 any 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 apportion the same, and to provide or fail to
LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 6
provide a reasonable reserve against depreciation or obsolescence on any assets subject to
depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under
all the circumstances. If the Executor does not exercise the above discretionary power, the cash
or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania
Consolidated Statutes, or the corresponding provisions of subsequent state law.
(I� 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 the
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.
(n Except as otherwise provided in this Will, 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 authority 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.
SIXTH: Rights and Liabilities of Ezecutor.
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor 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, the overall performance of the entire Estate shall be taken into account.
LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 7
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
SEVENTH: 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.
EIGHTH: Taz Elections.
(A) In determining the estate, inheritance and income tax liability relating to my
Estate, the Executor's decision as to all available tax elections shall be conclusive on all
concerned. If the Executor joins with my husband in filing income tax returns, or consenting for
gift tax purposes to ha�ing gifts made by either of us during my life considered as having been
made one-half by each of us, any resulting liability shall be borne by my Estate and my husband
in such proportions as they may agree. 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 Federal Generation Skipping Transfer(GST) exemption amount as will fully exempt any
generation skipping transfer which may occur under this Will.
(B) The Executor may, in its discretion, determine the date as of which my gross
estate shall be valued for the purpose of determining the applicable tax payable by reason of my
death.
(C) The Executor may, in its discretion, decide whether all or any part of certain
deductions shall be taken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part
of such deductions are taken as income t� deductions, no adjustment of income and principal
accounts in my estate shall be made as a result of such decisions.
l�TINTH: Defmitions and General Provisions.
LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 8
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Captions. The captions set forth in this Will at the beginning of the various
articles 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.
(C) Children. As used in this Will,the words "child" and "children" shall include
persons who are legally adopted and the issue of said persons, whether born in or out of wedlock,
so long as any person born out of wedlock is acknowledged in a written instrument executed by
the one of their natural parents who is a descendant of mine to be the child of said descendant.
The word "issue" shall include descendants of all generations including adopted persons. A
posthumous child shall be considered as living at the death of his parent. The birth to me or the
adoption by me of a child or children subsequent to the execution of this Will shall not operate to
revoke this Will. Except for discretionary distributions which may be 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.
(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 corresponding
provisions of any subsequent federal tax laws applicable to my estate.
(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.
(N� Powers of Appointment are Eaercised. By this Will I exercise any and all
Powers of Appointment which I possess at the time of my death.
J
_ __ . _
LAST WILL AND TESTAMENT
OF
NANCY C. SULLIVAN
PAGE 9
IN WITNESS WHEREOF,I, NANCY C. SULLIVAN, 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 this2Z�ay of April, 2010.
�
,
NANCY C. SULL
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 request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of
us further declares that he or she believes the Testatrix 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 :
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COUNTY OF ,� 7 � ' / ' :
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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 willingly or
willingly directed another to sign it for her; that she executed it as her free and voluntary act for
the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign
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.
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Witness
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Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this' `1 day of April, 2010.
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COMMONWEALTH OF PENNSYLVANIA
C� �
Notarial Seal
Teri L Walker,rvotary pubiic Notary Pub 'c
�.emoy�e ao�o,Cumberiand County ,,�'`� My�C;g�mission Expires: � :
My Commission Eupires Jan.20,2011 �� , }� ' •' �
Member,Pennsylvania Association of Notaries � /w �
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