HomeMy WebLinkAbout10-03-06
Estate of ADOLPH
also known as.
PETITION FOR PROBATE and GRANT OF LETTERS-
m~ oh-Dn7 --'
CHOP
named
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(state relevant circumstances, -e.g. renunCiation,. death of executOr-,-etc.) .
'D~~de~t '~as domiciled at death in CumberlaIld_ . . County~ PennsYlva.iua, with
his. - last family or principal residence at. . 2100 Bent Creek Blvd. ,Mechanicsburg - PA
(list street, nl1ll?-ber and muncipaliiy)
Decendent~ then 89 years of age, died September 18, 2006 , ,
at 'T'hp Rri ngPR ~t Rent Creek. 2100 Bent Gr'eekBIv'~Mechanicsburg,PA .
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing andwas never adjudicated
incoDlpetent: '
Decendent at death owned property with. estimated values as follows:
(If doDliciled in Pa.) All personal property $ . 66,000.00
(if not doDlicile<flD- Pa.) ..Personal property in Pennsylvania $
(If not dOInicilerliii'h.) . Pers~>nal property in County $
Value of real estate in Pennsylvania $
situated as follows:
Total _
66,000..00
WHEREFO~, petitioner(s) respectfully reQuest(s) the. probate of the last. will and.codicil(s).
presented herewith and the grant of letters testamentary. .. .
(testamentary; administration c.t.a.; administration d.b.D.c.t.a.)
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Leslie A. Hall
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA } ss
COUNTY OF CTlMRRRLAND
Sworn to or a~~ed and subscribed
befofj: ~ ~~ day of
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t - rnr flyJ egister
The petitioner(s)above-named.swear(s) or affirm(s) that the stateDlents in thef9regoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly ad~inister the estate according to law.
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No. (J '-D lr"O rJ ')/
Estate of
ADOLPH CHOP
. , Deceased
DECREE OF PROBATE AND GRANT OF.LETTERS
AND NOW. 0 ('~tfA - .2 9?tflJ, ,in consideration of the petition on
the reverse side he~eof, satisfactory proof having been presented:.before me,
IT IS DECREED that the instrument(s) dated February 13',2004'
described therein be admitted to probate and f1led or'record as the l~t will of ADOLPH CHOP
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and Letters Testamentary
are hereby granted to Leslie A. Hall
FEES
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Probate, Letters, Etc. ......... $
Short Certificates~ ). . . . . . . . . .. $ ~ I/U
R . . $ 5. rrJ,)
enunciation ................
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. TOTAL v(f~ t5'
Filed (9~)O.(p................ ./. 7.i'..{ij)
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. . Resister of Wills
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David H. Radcliff
, AITORNEY (Sup. Ct. I.D. No,) 25483
20 Erford Road, Suite 200, Lemoyne PA 17043
ADDRESS
(717) 236-9318
PHONE
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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.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
~YM~WJ~y
Local Registrar .
Fee for this certificate, $6.00
p
12885536
s~~p 1 9 2006
Date
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CERTIFICATE OF DEATH
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IN THE ESTATE OF
ADOLPH CHOP,
Deceased
NO. ;( , - D ~ - D ~ 7r
RENUNCIATION
To the Register of Wills of Cumberland County, Pennsylvania
The undersigned, MARIE KENNEDY CHOP, the surviving spouse of ADOLPH CHOP who
died on September 18, 2006, hereby renounces her right to serve as Executor of his Estate.
To serve in her place she nominates LESLIE A. HALL, the alternate Executor named in
paragraph SEVENTH of the Will February 13,2004.
'1ft/VI/A-- Yi M -iLl
Marie Kennedy Chop
2100 Bent Creek Blvd.
Mechanicsburg, P A 17050
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Affirmed and subscribed to
before me, a Notary Public,
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thIS v day of
~c1oW ,2006.
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NOTARIAl SEAl
DAVID H RADCLIFF
Notary Public
LEMOYNE BOROUGH, CUMBERLAND COUNlY
My Commission expires Jun 29, 2008
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LAST WILL AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS, that I, ADOLPH CHOP currently residing
at 65 R Autumn Lane, Enola, Cumberland County, Commonwealth of Pennsylvania, being in
good health and of sound and disposing memory do hereby make, declare and publish this as my
Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me.
FIRST: I direct that all of my debts not barred by the statute of limitations,
expenses of my last illness, funeral expenses, costs of administration and claims allowed in the
administration of my estate shall be paid by my Executor hereinafter named, from my estate as
soon after my decease as shall be found convenient.
SECOND: All estate, inheritance and death taxes, excluding any generation-skipping
transfer tax, resulting from my death shall be paid without apportionment and without
reimbursement from any person.
THIRD: I give and bequeath my jewelry, clothing, household furnishings and
fixtures, chinaware, silver, photographs, works of art, books, automobiles, sporting goods,
artifacts relating to my hobbies, and all other tangible articles of household or personal use (not
including cash, securities, or trusts), together with any existing insurance thereon, to my wife,
MARIE KENNEDY CHOP, if she survives me by thirty (30) days. Should my wife MARIE
KENNEDY CHOP not be living on the thirty-first (31st) day after my death, I bequeath my
jewelry, clothing, household furnishings and fixtures, chinaware, silver, photographs, books,
automobiles, sporting goods, artifacts relating to my hobbies and all other tangible articles of
households or personal us (not including cash, works of art, securities, or trusts) together with
any existing insurance thereon, to my granddaughters LESLIE A. HALL and JENNIFER L.
DEININGER, in equal shares. If either of my granddaughters should die before the complete
distribution of the tangible personal property, my Executor shall distribute the remainder of her
share to her then living descendants, per stirpes. If my granddaughter has no then living
descendants, my Executor shall distribute the balance of the tangibl~~~~Sti~l~ prbpeW,~o my
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then living descendants, per stirpes. \ '
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FOURTH: I give, devise and bequeath the rest, residue and remainder of my estate,
whether real, personal or mixed, and of any nature whatsoever and wherever situate, to my wife,
MARIE KENNEDY CHOP, ifshe survives me by thirty (30) days.
FIFTH: If my spouse is not living on the thirty-first (31 st) day after my death, my
Executor shall divide the remaining trust property into as many shares as shall be necessary to
create one equal share for each of my then living granddaughters, and one equal share for each of
my deceased granddaughters who has then living descendants.
A. The share of each granddaughter who survives me shall be distributed as follows:
1. The trust share for LESLIE A. HALL shall be held in trust and administered and
distributed as follows:
a. My Trustee shall apply to, or for the benefit of LESLIE A. HALL, at
least quarterly, all of the net income from her trust share.
b. My Trustee, in its sole and absolute discretion, shall apply to, or for the
benefit of LESLIE A. HALL, as much of the principal from her trust as
my Trustee deems-advisable for the health, education, support and
maintenance of LESLIE A. HALL.
c. LESLIE A. HALL shall have the unlimited and unrestricted general
power to appoint, by a valid last will and testament or by a valid trust
agreement, the entire principal and any accrued and undistributed net
income of her trust share as it exists at her death. In exercising this
general power of appointment, LESLIE A. HALL must specifically refer
to this power.
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a. My Trustee shall apply to, or for the benefit of JENNIFER L.
DEININGER, at least quarterly, all of the net income from her trust share.
b. My Trustee, in its sole and absolute discretion, shall apply to, or for the
benefit of JENNIFER L. DEININGER, as much of the principal from her
trust as my Trustee deems advisable for the health, education, support and
maintenance of JENNIFER L. DEININGER.
c. JENNIFER L. DEININGER shall have the unlimited and unrestricted
general power to appoint, by a valid last will and testament or by a valid
trust agreement, the entire principal and any accrued and undistributed net
income of her trust share as it exists at her death. In exercising this
general power of appointment, JENNIFER L. DEININGER must
specifically refer to this power.
JENNIFER L. DEININGER shall have the sole and exclusive right to
exercise the general power of appointment.
This general power of appointment specifically grants to JENNIFER L.
DEININGER the right to appoint property to her own estate. It also
specifically grants to her the right to appoint the property among persons,
corporations, or other entities in equal or unequal proportions, and on such
terms and conditions, whether outright or in trust, as she may elect.
To the extent this general power of appointment is not exercised, my
Trustee shall distribute the remaining trust property to the then living
descendants of JENNIFER L. DEININGER, per stirpes.
If JENNIFER L. DEININGER has no then living descendants, my Trustee
shall distribute the balance of the trust property to my then living
descendants, per stirpes.
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LESLIE A. HALL shall have the sole and exclusive right to exercise the
general power of appointment.
This general power of appointment specifically grants to LESLIE A.
HALL the right to appoint property to her own estate. It also specifically
grants to her the right to appoint the property among persons,
corporations, or other entities in equal or unequal proportions, and on such
terms and conditions, whether outright or in trust, as she may elect.
To the extent this general power of appointment is not exercised, my
Trustee shall distribute the remaining trust property to the then living
descendants of LESLIE A. HALL, per stirpes.
If LESLIE A. HALL has no then living descendants, my Trustee shall
distribute the balance of the trust property to my then living descendants,
per stirpes.
If I have no then living descendants, my Trustee shall distribute one-half
of the remaining trust property to those persons who should be my heirs if
I had died intestate owning such property and one-half of the remaining
trust property to those persons who should be the heirs of MARIE
KENNEDY CHOP if she had died intestate owning such property. The
distribution of trust property, for purposes of this Paragraph FIFTH, shall
be determined by the laws of descent and distribution for intestate estates
in the Commonwealth of Pennsylvania as such laws are in effect at the
time of a distribution under this Paragraph.
2. The trust share for JENNIFER L. DEININGER shall be held in trust and
administered and distributed as follows:
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If I have no then living descendants, my Trustee shall distribute one-half
of the remaining trust property to those persons who should be my heirs if
I had died intestate owning such property and one-half of the remaining
trust property to those persons who should be the heirs of MARIE
KENNEDY CHOP if she had died intestate owning such property. The
distribution of trust property, for purposes of this Paragraph FIFTH, shall
be determined by the laws of descent and distribution for intestate estates
in the Commonwealth of Pennsylvania as such laws are in effect at the
time of a distribution under this Paragraph.
B. Each share set aside for a deceased grandchild who has then living
descendants or the remaining trust property of a deceased grandchild's trust share shall be
divided into trust shares, per stirpes, administered, and distributed as follows:
1. The surviving natural parent of any great grandchild, who is under the
age of 22 when his or her trust share has been created, shall be the beneficiary of
the income of that trust share until my great grandchild attains the age of 22.
2. If any descendant of a deceased grandchild is under 33 years of age, then
my Trustee shall retain such share in trust under the provisions of Paragraph
SIXTH.
3. If any descendant of a deceased grandchild is over 33 years of age and is
not legally capacitated, my Trustee shall distribute that descendant's share
outright to the descendant.
SIXTH:
Administration for Great Grandchildren
A. My Trustee may make the distributions called for in this Paragraph in
anyone or more of the following ways:
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1. Directly to a beneficiary.
2. To persons, corporations, or other entities for the use and benefit of the
beneficiary .
3. To an account in a commercial bank or savings institution in the name of the
beneficiary, or in a form reserving the title, management, and custody of the
account to a suitable person, corporation, or other entity for the use and benefit
of the beneficiary.
4. In any prudent form of annuity purchase for the use and benefit of the
beneficiary .
5. To any person or duly licensed financial institution, including my Trustee, as
a custodian under the Uniform Transfers to Minors Act, or any similar act, of
any state, or in any manner allowed by any state statute dealing with gifts or
distributions to minors or other individuals under a legal disability.
6. To any guardian, agent under a valid power of attorney, or other person
deemed by my Trustee to be responsible, and who has assumed the
responsibility of caring for the beneficiary.
B. If any trust property becomes distributable to a beneficiary when the
beneficiary is under 33 years of age, my Trustee may retain that beneficiary's share in a
separate trust until he or she attains 33 years of age, and administer that share as
follows:
1. My Trustee shall apply to or for the benefit of the beneficiary as much of the
net income (after the age of22) and principal of the trust as my Trustee, in its
sole and absolute discretion, deems necessary or advisable for the beneficiary's
education and health.
In making any distributions of income and principal under this Paragraph, my
Trustee shall be mindful of, and take into consideration to the extent it deems
necessary, any additional sources of income and principal available to the
beneficiary which arise outside of this agreement.
Any net income not distributed to a beneficiary shall be accumulated and added
to principal.
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2. My Trustee shall also distribute income and principal for the benefit of the
beneficiary as follows:
When a beneficiary reaches the age of 22, or if on the creation of his or her trust
share, he or she has already attained the age of 22, my Trustee shall begin
distributing the income of that trust share to the beneficiary in quarterly or more
convenient installments and shall distribute one-fourth of the trust share
accumulated net income and principal, as it is then constituted, to the
beneficiary, free of the trust.
When a beneficiary reaches the age of 30, or if on the creation of his or her trust
share, he or she has already attained the age of30, my Trustee shall distribute
one-half of the trust share accumulated net income and principal, as it is then
constituted, to the beneficiary, free of the trust.
My Trustee shall distribute the balance of the trust share accumulated net
income and principal, as it is then constituted, to the beneficiary, free of the
trust, when he or she attains the age of33.
3. If a beneficiary should die before the complete distribution of his or her trust,
the trust shall terminate and all of the trust property shall be distributed to such
persons, corporations, or other entities, including the beneficiary's own estate, in
the manner in which the beneficiary shall elect.
This general power of appointment must be exercised by the beneficiary by
either a valid living trust or last will and testament, either of which specifically
refers to this power of appointment.
To the extent this general power of appointment is not exercised, my Trustee
shall distribute the remaining trust property to the then living descendants of the
beneficiary, per stirpes.
If the beneficiary has no then living descendants, my Trustee shall distribute the
remaining trust property to my then living descendants, per stirpes.
If I have no then living descendants, my Trustee shall distribute one-half of the
remaining trust property to those persons who should be my heirs if I had died
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intestate owning such property and one-half of the remaining trust property to
those persons who should be the heirs of MARIE KENNEDY CHOP if she had
died intestate owning such property. The distribution of trust property, for
purposes of this Paragraph, shall be determined by the laws of descent and
distribution for intestate estates in the Commonwealth of Pennsylvania as such
laws are in effect at the time of a distribution under this Paragraph.
4. My Trustees may make payments to or on behalf of any person who is the
beneficiary of any trust hereunder but in no event, however, shall payments be
made to any creditor or other such person because of anticipation of payment by
the beneficiary, and any such claim made by way of anticipation by the
beneficiary shall be of no validity or legal effect.
5. My Trustees, at their discretion, may exhaust all of the principal and income
in carrying out the purposes of this trust and should the amount held in trust be
or become so small as to make it impractical or economically unfeasible to
continue holding said amount in trust, the Trustee may, at their discretion, pay
the total amount of said trust directly to the beneficiary or to a parent or
guardian of said beneficiary or place said amount in a savings account for the
benefit of said minor until said minor becomes of age.
SEVENTH: I hereby nominate, constitute, and appoint my wife MARIE KENNEDY
CHOP, as Executor of this, my Last Will and Testament. In the event that MARIE KENNEDY
CHOP shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I
nominate, constitute and appoint LESLIE A. HALL, to serve without compensation, without
necessity for posting security regardless of state of residence, as Executor of this, my Last Will
and Testament.
EIGHTH: The initial Trustees for any trust share created under this Will shall be the
then current adult income beneficiary and Waypoint Bank. No Trustee shall be required to post
security regardless of state of residence.h
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Any Trustee for any trust share may be removed by the beneficiary then eligible to
receive mandatory or discretionary distributions of net income from that trust share. Notice of
removal must be in writing but need contain no reason, grounds or cause for removal. Removal
shall be effective upon the acceptance of the trusteeship by a successor Trustee selected as
specified in this Paragraph EIGHTH.
The beneficiary then eligible to receive mandatory or discretionary distributions of net
income from that trust share shall name a corporate fiduciary as successor Trustee for the
respective trust share whenever a vacancy occurs or may be created by removal so that there is at
all times a corporate Trustee and so that an individual person does not act as sole Trustee. Any
corporate fiduciary appointed under this Will shall be a bank or trust company having trust
powers under applicable state law.
NINTH: My Executor and Trustee shall have, in addition to the powers and
authority conferred upon them by law, the following additional powers and authority:
1. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or
personal, at any time constituting a portion of a trust or my estate, and upon such terms and
conditions as the Executor or Trustee shall deem wise.
2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life
insurance, annuities or other securities, or such property, real or personal, as the Executor or
Trustee shall deem wise, without being limited by any statutes or rule of law regarding
investments by the Executor or Trustee.
3. To retain, without incurring any liability, as investments, any property owned by me at the
time of my death, as long as they deem it wise, and even though such property is not the kind of
property an Executor or Trustee would purchase as an investment; and even though to retain
such property might violate sound diversification principles; and to make any division,
distribution or partition of the estate or trust property in cash or kind, or partly in cash and partly
in kind, pro rata or non-pro rata.
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4. To cause any security or other property which may constitute a portion of a trust or of my
estate to be issued, held or registered in their own name, or in the name of a nominee, or in such
form that title will pass by delivery.
5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale
of the assets of any corporation or other organization, the securities of which constitute a portion
of a trust or of my estate, and to take any action with reference to such securities which, in the
opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization,
consolidation, readjustment or sale; to exercise any conversion privilege or subscription right
given to them as owner of any securities constituting a portion of a trust or of my estate resulting
from any reorganization, consolidation, readjustment, sale, conversion or subscription.
6. To pay all costs, taxes, charges and expenses in connection with the administration of a trust
or of my estate, including such compensations to Executor or Trustee which shall be in
accordance with established fees throughout the period of administration of a trust or of my
estate.
7. To determine what is "income" and what is "principal" hereunder, and their decision thereon
shall be final; and to purchase securities at a premium or discount, and to apply or charge said
premium or discount against income or principal as the Executor or Trustee may determine.
8. To borrow money from any person, firm or corporation, including any corporation acting as
an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my
estate or trust hereunder; to execute promissory notes or other obligations for amounts so
borrowed upon such terms and conditions as they deem advisable.
9. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers
and other agents and employees and to pay them reasonable compensation out of my estate or
any funds held hereunder to which said compensation is attributable.
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10. To carry on any business owned or controlled by me at my death for whatever period of time
they shall think proper, and they shall have the power to do any and all things they deem
necessary or appropriate, including the power to close out, liquidate or sell the business at such
time and upon such terms as to them shall deem best.
11. The Executor or Trustee may, but shall not be required to, prepare and file accountings with
any Court. Prior to delivering all of the property of any trust hereunder to a successor Trustee or
to making any partial or complete distribution of trust principal or of my estate assets, the
Executor or Trustee may require an approval of its accounting either by a release and discharge
by the beneficiary or beneficiaries of any such trust or by a Court of competent jurisdiction. All
of the Executor's or Trustee's fees and expenses (including reasonable attorney's fees)
attributable to any such accounting and approval shall be paid by such trust.
12. The Trustee in its sole and absolute discretion may terminate any trust hereunder at any time
it determines that the aggregate value of the trust property renders continued administration
economically infeasible and, upon such termination, shall pay over the remaining trust property
to the income beneficiary or, proportionately, the income beneficiaries thereof (or to a parent or
legal guardian in the case of a minor beneficiary).
Upon such termination, the remainder interest in such trust shall be extinguished and the Trustee
shall be accountable with respect to such trust only to such income beneficiary or beneficiaries
(or to a parent or legal guardian in the case of minor beneficiary).
13. To minimize any tax in respect of any trust, or any beneficiary thereof, or for such other
purpose as it deems appropriate, the Trustee may in its sole and absolute discretion remove all or
any part of the property of, or the situs of administration of, such trust from one jurisdiction to
another and elect, by an instrument filed with the trust records, that thereafter such trust shall be
construed, regulated and governed as to administration by the laws of such other jurisdiction.
14. To do all other acts in their judgment necessary or desirable for the proper and advantageous
management, investment and distribution of a trust or of my estate.
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IN WITNESS WHEREOF, I, ADOLPH CHOP, the Testator to this, my Last Will and
Testament, typewritten on twelve sheets of paper which I have identified at the bottom of each
page by my ~tials, hereunto set my hand and seal the /'5 tt day of
r ~ rJ 2004.
ADOLP~ ~
The preceding instrument consisting of this and eleven other typewritten pages, each identified
by the initials of the Testator, ADOLPH CHOP, this day and date thereof signed, published and
declared by ADOLPH CHOP, the Testator therein named, as and for his Last Will, in the
presence of us who, at his request, in his presence, and in the presence of each other have
subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, ADOLPH CHOP, 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; that I signed it willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
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ADOLPH CH P 7
Sworn or affirmed to and acknowledged before me by ADOLPH CHOP, Testator, the
l3u.....- dayof r-~A~2004. ')
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(SEAL) Notary Public
NOTARIAL SEAL
Roberta L. Radcliff, Notary Public
Wormleysburg Borough, County of Cumberland
My Commission Expires Jan. 20, 2005
COMMONWEAL TH OF PENNSYLVANIA
: SS
COUNTY OF CUMBERLAND
We 1,1', \\ if\..... \-\. S\CKL.r and))1I "'D )I. ~C'-IP.C , the
witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according
to law, do depose and say that we were present and saw Testator sign and execute the instrument as his
Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and
that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound
mind and under no constraint or undue influence.
JAJ~ H.~
(SEAL)
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N- Stz,ti.~and
~om or affirmed t~d subscribed to before me by U I LLI A-"1
-WA-u I~ ~. 4h. LL' F F- witnesses, this J 3 ~ day of
, 2004.
NOTARIAL SEAL
Roberta L. Radcliff, Notary Public
13 Wormleysburg Borough, County of Cumberland
My Commission Expires Jan. 20. 2005
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