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HomeMy WebLinkAbout02-28-07 Register of Wills of Cumberland County, Pennsylvania Estate of Mary M. Penner also known as PETITION FOR GRANT OF LETTERS No. J.. \ 01 b\PP\ , Deceased Social Security No.164-30-3199 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) [J A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix Decedent, dated 4/12/93 and codicil(s) dated 7/11/00 named in the Last Will of the State relevant circumstances, e.g., renunciation, death of executor, etc Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: o B. Grant of Letters of Administration (c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: t'-.) C-J c;:::J Name Relationship ~': ~idence -r; --.., :,=':- 'r-, -c ...~ N U1 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 6211 Whitehill Drive, Hampden Township. (Mechanicsburg, PA 17050) (list street, number and municipality) Decedent, then 91 years of age, died February , R- , at Holy Spirit Hospital, East PennsboroTwp. Cumb Co (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PAl All personal property......................................... $ (if not domiciled in PAl Personal property in Pennsylvania .................... $ (If not domiciled in PAl Personal property in County .............................. $ Value of real estate in Pennsylvania ........................................................................................ $ Total ..................................................................................................................... $ 75,000.00 75,000.00 Real Estate situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriat orm to the undersi ned: Typed or printed name and residence Kath L. Penner P.O. Box 485 Malibu CA 90265 RW-7 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the tatements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and th ,as R onal rep entative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according i (. Sworn to and affirmed and subscribed before me this ;? IS day of ~ n ~9 :~~l R , -r-C;' ;,. ~ ~:: ;~:-~ .~.-;) c.::-;) ::3 -r"1 : i c:;r l'.) .....~ Estate of Mary M. Penner DECREE OF REGISTER No. also known as 1:,/):::>:::. '1 ~\Dl \ O\6~ Deceased .'.ij) -D-f 'R1. ._,:~ 1.. .J .-...... -"'J en O. Date of Death: 2/22/07 Social Security No: 164-30-3199 AND NOW, , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary 0 of Administration are hereby granted to Kathy L. Penner (c.I.a., d.b.n.c.l.; pendente lite; durante absentia; durante minoritate) in the above estate and that the instrument(s), if any, datedApril12, 1993 and July 11, 2000 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. $ Renunciation .......................... $ $ $ $~5~O $ liS .0'0 $ $_l50> TOTAL .............................$ IJ~ 3C? FEES Letters........ ............................ Short Certificate(s) ....I..Q.... Affidavit ( ) ....................... ).............. Extra Pages ( Codicil ................................. JCP Fee/.A:u.fu~.hM. Inventory & Tax Forms............. \^J' l\ Other .......1.... .......................... RW-7A $ 135.(JO 40. CO J1mdR ( ~j J/Lo4s~ --., Register of I s f'^ 8 'b.W Attorney Attorney: Kent H. Patterson I.D. No: 15307 Address: 221 Pine Street HarrisburQ PA 17101 Telephone: (717) 238-4100 DATE FILED: 'U10~)U:':i ~'Sv '/0~ 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. Fee for this certificate, $6.00 p 13446871 d . ),3 - 07 Date ~ o ~O <- ::0 . 'u _) ;;;:r~ ~._- <~~ r'n ..cC.._ :~:"j .Y C(j :;>-=:: ...'~) r--, 0, -r; 101 W 1'.) 0) ).1-0'1- D( ZC} ~~ -rJ ~~~ 1"'-) ()1 c::: ~ ~ COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions .nd .xlIIl1ples on reverse> Hl05-l43 _1112006 TYPE I PAINT IN PE_NT BlACK INK '._d_(lilsl."71~1 5. NJ> (lAst llilthdayl 9/ VIS. T.... Cilyl- i 24. T... d Dtalh 25. 0olo p"""",,* Dood 1_, day, ""'I /2:50 A-11 ')"I..-/2-,,{fl7 .<:AUSE OF DEATH (500 __ _ ..........., ...%7.....t fl1Ior...__-_,......~-....diodIy-...--DONOT...._......_.__ '""*'""Y......, ..--_ _--.g...oIialogy.lJotcnyonocauooOll_.... 26. Wale.. _10_ _,Conlno<lor. _Olhor_CIomIliOll..~? OYol ~ ~_: Onoet .. Dodt Pwt.: EntIrolhlr ~mndiIIma~DdMIh. bII"'-.g~"'~cauooglvon~""l 28. DIlI_U. ConoIlloo..~? 0..... Ol'1ollollll '$""0- 211.1_ g""--.",,, o .............d_ o ""-.bII__42day1 d_ O ""-.bII_43day1"'yw -.- 0-1__"'."", 32t.PlIcId""":_F,,,,-.F-V, ~IIulIcIng.OIC./Spoci/yJ =:=m~=-::. .. -::f7,ko-. Cr.-...., f3~ cl . () T:r: i ~,r 1 Jh.!>"1I_'''_ "i Due to (or u a consequence of): ' ., ~. 7 )1.(0 __11I...-, lint, .......eo...ClUltIialldOl'lIine.. fl1Ior... _YINQ CAUSE =-":'='-:"'nrmt' b. Due 10 (of.._oI): c. Due 10 (or as a oon&equencI 01): I l5 i d. ~ 3Oa. Wu ... AuIoper - ~ ~ 0..... ,3i"" 3lll>.__FftIOIgI --"CoqJloIion d CIuoo d 0taIh? DV.. OND 31. Mamer of 08IIh ~...... D- o -.. 0 Pondng '-'lgoIlon 0- DCaukt""bo~ I ~I .dJ d-.1J-1t..\.1 (>'PO""oo P"m,' No D / :3 '7'7 {, '7 . " liII, '. .., ,0 LAST WILL AND TESTAMENT OF MARY M. PENNER I, MARY M. PENNER, of 6211 Whitehall Drive, Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all former Wills and Codicils made hi'- me at anytime hereunto. ITEM I I hereby direct my hereinafter named Personal Representative to pay all of my debts, funeral expenses, inheritance taxes and estate taxes as soon after my death as may be found convenient. ITEM II - All the rest, residue and remainder of my Estate, whether real, personal or mixed, of whatsoever nature and kind and wheresoever situate, I give, devise and bequeath unto my husband ROBERT H. PENNER, if he survives me by thirty (30) days. ITEM III - In the event Robert H. Penner does no~ surviv~ me (::: 0 :::..; - -n _., by thirty (30) days, then I give, devise and bequeath af~2tpe ~tst, residue and remainder of my Estate to my daughter, KATHy:~~i PEN~ERI but if my daughter should also predecease me, then to l).:~~surviving_ . , issue, per stirpes. (' "1 C) ITEM IV - In the event any child of Kathy L. Penner should be under the age of twenty-five (25) years at the time he or she would be otherwise entitled to distribution under this Will, Page One of Seven " " then the share of such Beneficiary shall be held in trust for the following purposes: A. I appoint KENT H. PATTERSON as Trustee. If Kent H. Patterson should predecease me or otherwise be unable to serve as Trustee, then DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall act as Trustee. B. The Trustee shall use so much of the principal and income as, in his sole discretion, is deemed appropriate for the support, maintenance, medical care and education (including post-high school education) of said Beneficiary, after taking into consideration other resources available to the Beneficiary, including other sources of income, student loans and available public funds or grants. C. When said Beneficiary reaches the age of twenty-five (25) . years, the Trustee shall distribute all of the then remaining principal and undistributed income in the Trust Account to the Beneficiary, thereby terminating the Trust. D. In the event said Beneficiary should die prior to the time set for distribution of the Trust, then the remaining balance in the Trust shall be distributed to his or her issue, per stirpes, but in default of any such issue, then the share of such deceased Beneficiary shall be distributed among the then surviving issue of Kathy L. Penner, per stirpes. If at that time, any such issue of Kathy L. Penner shall have monies held in trust under the provisions of this Item of the Will, then distribution shall be to Page Two of Seven . , said Trust. If there should be no issue of Kathy L. Penner then surviving, then distribution shall be pursuant to Item V below. E. The Trustee is hereby given full power to invest any trust funds which he received under this Will in such real or personal property as, in his sole discretion, is deemed advisable, and such investment authorization shall not be limited by any statutory or common law rules relating to the investment of trust funds. The Trustee shall also have the power, in his sole discretion, to terminate one or more of the trust funds created hereunder if, in his discretion, such funds become so small as to be impractical to be further administered. Under such circumstances, the Trustee may, in his discretion, distribute the funds to the Beneficiary then entitled to the income or, in his discretion may place the funds in an interest bearing account at a bank or savings and loan association. F. No interest of any Beneficiary under this Trust, including remainder interests in income or principal, shall be subject to assignment, alienation, pledge, attachment or claim of creditors until after payment has actllall~{ been made by the Trustee to the Beneficiary. ITEM V - In the event I am not survived by my husband, my daughter or any issue of my daughter, thetL...I... 'Iiv.a, a_wIllie aREl bEl.quealh~ ~!.r resid~~~in~f ~ eflual s~rp'il ~ ~ER, ~ -r ....;,;u..e, RIn<,I!;Nc- IlCl _ FRAJpr::D. ~6...-'l 9 t~; u~ QI,f --r:J'iiIn. / ~,Page Three of Seven Ju- &Jli ~l fa ff-,/ fro /~ ;'~7>1' ~ 7Jv.y .?"0 ;;Z t> ,p-Q ~7J1~ ITEM VI - My Personal Representative and Trustee shall have the following powers and discretion, both as to principal and income, in addition to those granted by law and by other provisions under this Will, which shall be exercised without court approval and in the interest of the beneficiaries: A. To retain any or all of the assets of my Estate, real or personal, including stock of my corporate fiduciary, or of its parent holding company. B. To invest in all forms of property, including stock, common trust funds and mortgage investment funds whether operated by my corporate fiduciary or others, as they deem proper. C. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms and conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper, in their sole discretion. E. To borrow from, or to sell to my Trustee, even though such trustee may be my Executor. F. To make distribution in cash or kind, or partly in each. ITEM VII - I hereby appoint my husband, Robert H. Penner, as Executor of this my Last Will and Testament. In the event my husband should predecease me or otherwise be unable to serve, then I appoint Kent H. Patterson as Executor, but if he should Page Four of Seven predecease me or otherwise be unable to serve, then I appoint Dauphin Deposit Bank and Trust Company as Executor. ITEM VI I I direct that my Personal Representative and Trustee shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this IJ~ay of ~ 1993. ~~ /h, MARY M PENNER ~ Page Five of Seven '. Signed, sealed, published and declared by the above Testatrix, MARY M. PENNER, as and for her Last Will and Testament, in our presence, who, at her request, in her presence and in the presence of each other, we believing her to be of sound mind and memory, have hereunto subscribed our names as witnesses. A;fY~ ~ 12. 06~ of of ~() f ~ ~ ~~(~ /7/0/ 2-2-/ p~ ~ M ~ /'7/d / Page Six of Seven . , " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss We, MARY M. PENNER, Testatrix, ie\\'t )\. ~fu~-Qn and \'f\\c'rr1(7l ~-;)\ ,,('(\ , witnesses, respectively whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority, the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed it willingly and that she executed it as her free and voluntary act for the purposes therein expressed and that each of the witnesses in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge, the Testatrix was, at that time, eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~ 'frJ'~ ~. --~.NNE flv~ / ~-~~ Subscribed, sworn to and acknowledged before me, by MARY M. PENNER, the Testatrix, and subscribed and sworn to before me by ~e..,\)t \\. ~j~~()and \'\\\('~,\ ~\:)\ \\rf\ , witnesses, this \ Idtr\ day of ~\\ \ , 1993. NOTARIAL SEAL KfMBERl Y A. SIDES, Notary Public HarrlSburg,.Di\uOhin O:Junty Mil eernfn.~_~'~):~_f:'-D:rPS L'C'~~., 2. 1>185 H~_ Page Seven of Seven " FIRST CODICIL TO LAST WILL AND TESTAMENT OF MARY M. PENNER I, MARY M. PENNER, of 6211 Whitehill Drive, Hampden Township, Cumberland County, Pennsylvania, declare this to be the First Codicil to my Last Will and Testament dated April 12, 1993. ITEM A - I hereby revoke ITEM V of my Will and in lieu thereof provide as follows: ITEM V - In the event I am not survived by my husband, my daughter or any issue of my daughter, then I give, devise and bequeath the rest, residue and remainder of my estate as follows: A. Fifty percent (50%) to Lancaster Farm Land Trust, currently of 128 East Marion Street, Lancaster, PA 17602. B. Fifty percent (50%) to Walden Woods Project, 44 Baker Farm, Lincoln, MA 01773-3004. ITEM B - I hereby revoke ITEM VII of my Will and in lieu thereof provide as follows: ITEltl VII - I hereby appoirt my daughr-~r, KATHY L. PENNER, as Executrix of this my Last Will and Testament. In the event my daughter shall predecease me or otherwise be unable to serve, then I appoint KENT H. PATTERSON as Executor, but if he should predecease me or otherwise be unable to serve, then I appoint ALLFIRST BANK as Executor. -1- ., ITEM C - In all other respects I hereby ratify, confir.m and republish my Last Will and Testament dated April 12, 1993 together with this Codicil, as and for my Last Will. IN WITNESS WHEREOF, I hereunto set my hand and seal this Itl!:day of ~ , 2000. 11L~ Yh.~ MARY M. ENNER Signed, sealed, published and declared by the above Testator, MARY M. PENNER, as and for her First Codicil to her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, we believing her to be of sound mind and memory have hereunto subscribed our names as witnesses. ~./~ I' (}~r~ of ~;){ p~ JGd ~t"'7{ Ii I lid / OlcJ3() At/aLl J'~ I Ya.M.uJb.dj 7/9 17/(}3 of -2- " COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN We, MARY M. PENNER, Testatrix, and Kent H. Patterson and Cherilyn Tynan , witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority, the First Codicil to her Testatrix signed and executed the instrument as her/Last W~~l and Testament and that she signed it willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses in the presence and hearing of the Testatrix, signed the Will as witnesses and that, to the best of their knowledge, the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~ /h fJ~ Mary M. penne~ -L~lih - [J~I ~ ) Subscribed, sworn to and acknowledged before me by Mary M. Penner, the Testatrix, and subscribed and sworn to before me by Kpnr H. Pnrrpr~nn and C'hprilyn 'T'yn.::ln witnesses, this 11th day of ...LL LJ/-OO. Notar~iC Notarial Seal Kimberly D. Brown, Notary Public Harrisburg, Dauphin County My Comm~~:I~~_<~)(?ir:_: Feb. 18. 2002 My Commission Expires: -3- CD~ f]4< (L e LAST WILL AND TESTAMENT OF MARY M. PENNER S2 .;C) -'j "'-> c~~) c~::> --.. , , -;.:.. "'-~ : ,-:~~ ;ca I Vl I, MARY M. PENNER, 0 f 6211 Whi tehall Drive, Hampdefl::-::ipQwn~ip, .. I Cumberland County, Pennsylvania, being of sound and dispo=~ing rfiind ~ en .;::- memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all former Wills and Codicils made by me at anytime hereunto. ITEM I I hereby direct my hereinafter named Personal Representative to pay all of my debts, funeral expenses, inheritance taxes and estate taxes as soon after my death as may be found convenient. ITEM II - All the rest, residue and remainder of my Estate, whether real, personal or mixed, of whatsoever nature and kind and wheresoever situate, I give, devise and bequeath unto my husband ROBERT H. PENNER, if he survives me by thirty (30) days. ITEM III - In the event Robert H. Penner does not survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue and remainder of my Estate to my daughter, KATHY L. PENNER, but if my daughter should also predecease me, then to her surviving issue, per stirpes. ITEM IV - In the event any child of Kathy L. Penner should be under the age of twenty-five (25) years at the time he or she would be otherwise entitled to distribution under this Will, Page One of Seven (~ ~) 1"- Lo021. .. fit, 12 g then the share of such Beneficiary shall be held in trust for the following purposes: A. I appoint KENT H. PATTERSON as Trustee. If Kent H. Patterson should predecease me or otherwise be unable to serve as Trustee, then DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall act as Trustee. B. The Trustee shall use so much of the principal and income as, in his sole discretion, is deemed appropriate for the support, maintenance, medical care and education (including post-high school education) of said Beneficiary, after taking into consideration other resources available to the Beneficiary, including other sources of income, student loans and available public funds or grants. C. When said Beneficiary reaches the age of twenty-five (25) . years, the Trustee shall distribute all of the then remaining principal and undistributed income in the Trust Account to the Beneficiary, thereby terminating the Trust. D. In the event said Beneficiary should die prior to the time set for distribution of the Trust, then the remaining balance in the Trust shall be distributed to his or her issue, per stirpes, but in default of any such issue, then the share of such deceased Beneficiary shall be distributed among the then surviving issue of Kathy L. Penner, per stirpes. If at that time, any such issue of Kathy L. Penner shall have monies held in trust under the provisions of this Item of the Will, then distribution shall be to Page Two of Seven U,fl~/2~ said Trust. If there should be no issue of Kathy L. Penrier then surviving, then distribution shall be pursuant to Item V below. E. The Trus tee is hereby given full power to inves t any trus t funds which he received under this Will in such real or personal property as, in his sole discretion, is deemed advisable, and such investment authorization shall not be limited by any statutory or common law rules relating to the investment of trust fun~s. The Trustee shall also have the power, in his sole discretion, to terminate one or more of the trust funds created hereunder if, in his discretion, such funds become so small as to be impractical to be further administered. Under such circumstances, the Trustee may, in his discretion, distribute the funds to the Beneficiary then entitled to the income or, in his discretion may place the funds in an interest bearing account at a bank or savings and loan association. F. No interest of any Beneficiary under this Trust, including remainder interests in income or principal, shall be subject to assignment, alienation, pledge, attachment or claim of creditors until after payment has actually been made by the Trustee to the Beneficiary. ITEM V - In the event I am not survived by my husband, my daughter or any issue of my daughter, th- -1... GJi.1;8, a.....lti8 aRd b&qtlea Lh.-. Jii :;~ resid~nd~main~ of ~at"".*" 8of!lIal s~rp9 ~ ~~ ~ER'~-lr ";~re, ~.I!,;Nc:JlCl FJUl&S"~. ....e.-"t.g t~hr~ ~;( --mem. I /; J-.\ Page Three of Seven ~ ~.ii~l A~N--~ ~ /1; ;>'~:"M--m' ~ ~ .? 1; :l{) &>iJ ~ 7J1.~ C&'f I Fih (2 cd' ITEM VI - My Personal Representative and Trustee shall have the following powers and discretion, both as to principal and income, in addition to those granted by law and by other provisions under this Will, which shall be exercised without court approval and in the interest of the beneficiaries: A. To retain any or all of the assets of my Estate, real or personal, including stock of my corporate fiduciary, or of its parent holding company. B. To invest in all forms of property, including stock, common trust funds and mortgage investment funds whether operated by my corporate fiduciary or others, as they deem proper. C. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms and conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper, in their sole discretion. E. To borrow from, or to sell to my Trustee, even though such trustee may be my Executor. F. To make distribution in cash or kind, or partly in each. ITEM VII - I hereby appoint my husband, Robert H. Penner, as Executor of this my Last Will and Testament. In the event my husband should predecease me or otherwise be unable to serve, then I appoint Kent H. Patterson as Executor, but if he should Page Four of Seven LgO/. f]h1Z-~ predecease me or otherwise be unable to serve, then r appoint Dauphin Deposit Bank and Trust Company as Executor. ITEM VIrX - I direct that my Personal Representative and Trustee shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this I JJ!;cay of ~ 1993. 9L~ S>h,~ ~R; -; ~/~ENNER Page Five of Seven COOZl. rA-r /2 ~ Signed, sealed, published and declared by the above Testatrix, MARY M. PENNER, as and for her Last Will and Testament, in our presence, who, at her request, in her presence and in the presence of each other, we believing her to be of sound mind and memory, have hereunto subscribed our names as witnesses. A,/~ ~ ~.06~ of of d!d f fh.-, ~ ~~(~ /7/0/ .;!. 2-/ p~ ~ ~~ /7/(/ / Page Six of Seven .' . . ~I" f1tr(2e:;: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss We, MARY M. PENNER, Testatrix, ip\,\'t \\. \bfu~-:()(} and \'1\\C'~o.l ~ '~\'\M ,witnesses, respectively whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority, the Testatrix signed and executed.' the instrument as her Last Will and Testament and that she signed it willingly and that she executed it as her free and voluntary act for the purposes therein expressed and that each of the witnesses in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge, the Testatrix was, at that time, eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~ 'fr1'~ ~. --~N.NE T7u~ - / ~-~~ Subscribed, sworn to and acknowledged before me, by MARY M. PENNER, the Testatrix, and subscribed and sworn to before me by ~e,\')t \\. ~r\r;:~and \'\\\C'~.\ ~ \)'\ \\rI\ , witnesses, this 1~1Y\ day of ~\~ \ , 1993. ,j);d,{l/lQl, ~.0t&ul ~ commissioC7ExPires: NOTARIAL SEAL KlMB~L Y A. SIDES. Notary Public Ham.sburg. Dauphirl County Mv COrTl"'I!l~IO!2..E'xl~:...~~ OS:?b''lr 2. 1995 Page Seven of Seven l~ - { Co~ fktr2C FIRST CODICIL TO LAST WILL AND TESTAMENT OF MARY M. PENNER I, MARY M. PENNER, of 6211 Whitehill Drive, Hampden Township, Cumberland County, Pennsylvania, declare this to be the First Codicil to my Last Will and Testament dated April 12, 1993. ITEM A - I hereby revoke ITEM V of my Will and in lieu thereof provide as follows: ITEM V - In the event I am not survived by my husband, my daughter or any issue of my daughter, then I give, devise and bequeath the rest, residue and remainder of my estate as follows: A. Fifty percent (50%) to Lancaster Farm Land Trust, currently of 128 East Marion Street, Lancaster, PA 17602. B. Fifty percent (50%) to Walden Woods Project, 44 Baker Farm, Lincoln, MA 01773-3004. ITEM B - I hereby revoke ITEM VII of my Will and in lieu thereof provide as follows: ITEM VII - I hereby appoiv.t my daught,~r, KATHY L. PENNER, as Executrix of this my Last Will and Testament. In the event my daughter shall predecease me or otherwise be unable to serve, then I appoint KENT H.. PATTERSON as Executor, but if he should predecease me or otherwise be unable to serve, then I appoint ALLFIRST BANK as Executor. -1- ~. ~. PAc f2- r;;;- ITEM C - In all other respects I hereby ratify, confir.m and republish my Last Will and Testament dated April 12, 1993 together with this Codicil, as and for my Last Will. {(l!:day of . ~ IN WITNESS WHEREOF, I hereunto set my hand and seal this , 2000. ~ Yh-~ MARY M. ENNER Signed, sealed, published and declared by the above Testator, MARY M. PENNER, as and for her First Codicil to her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, we believing her to be of sound mind and memory have hereunto subscribed our names as witnesses. .L-..//~ / C~j7r'~ of ,};)( p~ ~ (~t~{ /J / ?/c7j 0l~3{) AtJaa J>~;f; I . H4A/l-uJh 7J /?FJ /7/cJ.:? of -2- C&ft f/t1 (2 ,-- E::: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss We, MARY M. PENNER, Testatrix, and Kent H. Patterson and Cherilyn Tynan , witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority, the . First Codicil to her Testatrix signed and executed the ~nstrument as her/Last W~~l and Testament and that she signed it willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses in the presence and hearing of the Testatrix, signed the Will as witnesses and that, to the best of their knowledge, the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~ /n fJ~ Ma~ ;nne~ -4;. ~: LJ. ~-- Dw~~~ ~ L Subscribed, sworn to and acknowledged before me by Mary M. Penner, the Testatrix, and subscribed and sworn to before me by Kpnr H_ P~rrpr~nn and C'hprilyn 'T'yn~n witnesses, this 11th day of J~ / .7/00. ..~.o Notary l~c Notarial Seal Kimberly D. Brown. Notary Public Harrisburg. Dauphin County My Commission 'expires Feb. 18. 2002 My Commission Expires: -3- BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARY M. PENNER, DECEASED NO 21-2007-0189 DECREE OF THE REGISTER OF WILLS AND NOW, this 5th day of March, 2007, upon consideration ofthe Petition for Grant of Letters filed by Kathy L. Penner and the Affidavit of Kathy L. Penner, Executrix of the Estate of Mary M. Penner, the above decedent, IT IS DECREED surety bond is waived and that Letters of Testamentary are hereby issued to Kathy L. Penner this date. Kathy L. Penner shall have all the rights and duties of a fiduciary under the laws of Pennsylvania and shall proceed with the administration of this estate according to law. Glenda Farner Strasbaugh, Register ('1) LD M 2 O. ~"., ., (-:) -- I c~ !.f') I cc .~':::-,: I. r-- = (:::.:J c...... BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARY M. PENNER, DECEASED NO 21-2007-0189 AFFIDAVIT OF KATHY L. PENNER EXECUTRIX OF THE ESTATE OF MARY M. PENNER, AND NOW, this 5th day of March 2007, the undersigned, Kathy L. Penner, and the proposed Executrix of the Estate of Mary M. Penner, does hereby represent that she is the only living child of the decedent and that she is unaware of any other known heirs of the decedent. In accordance with her Petition for Letters of Testamentary and due to her residency in the State of California, along with her desire to eliminate the necessity of obtaining a bond to administer her mother's estate, in exchange for the Cumberland County Register of Wills' Agreement to Waive Bond in this matter, Kathy L. Penner hereby agrees under oath that she will duly probate the assets of the Estate of her mother and, further, that in her individual capacity and as Executrix of the Estate that she agrees to indemnify and hold harmless the Cumberland County Register of Wills from any claims that might arise against her from any known or unknown heir or creditor due to her inappropriate handling of the assets that would otherwise be protected by the bond requirement. ~ ~.":::. /// k ~.././l - / L ACYv- athy . Penner Executrix of Estate of Mary M. Penner ("") Ln "'-) 0- If') I r-- E; c-.l Marjorie A. Wevodau First Deputy One Courthouse Square Carlisle, PA 17013 Glenda Farner Strasbaugh Register of Wills & Clerk of Orphans' Court Kirk S. Sohonage, Esq. Solicitor Phone: (717) 240-6345 Fax: (717)240-7797 OFFICES OF Register of Wills and Clerk of the Orphans' Court County of Cumberland FACSIMILE TRANSMITTAL SHEET TO: FROM: KIRK SOHONAGE COMPAf',r: PHONE: FAX NCMBER: DATE: Februmy 28, 2007 TOTAL NO. OF PAGES INCLUDING COVER: RE: D URGENT D FOR REVIEW D PLEASE COMMENT D PLEASE REPLY D PLEASE RECYCLE TRANSMISSION VERIFICATION REPORT TIME 02/28/2007 16:01 NAME FAX TEL DATE. TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/28 15:59 99095925 00:02:23 11 OK STANDARD ECM