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HomeMy WebLinkAbout04-02-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WillS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-- 01 ~ o3ao Estate of Elba Mancini also known as , Deceased Social Security Number 186-24-9500 Rosanna M. Ellis and Louise M. Dolson Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) lRl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Co-Executors last Will of the Decedent, dated 04/22/1996 and codicil( s) dated named in 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (It applICable. enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentIa; durante m/floraate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and-heirs: (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.) ~;;; 9 -" Name Relationship Residence en 02 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 713 Hilltop Drive, New Cumberland, New Cumberland, Cumberland, PA 17070 (List street address, town/city, township, county, state, zip code) 713 Hilltop Drive, New Cumberland, Borough of New Cumberland, at Cumberland County, Pennsylvania Decedent, then 87 years of age, died on 03/26/2007 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: 222,000.00 $ $ $ $ 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 appropriate form to the undersigned: r:P /'rUi,/UAL ~~~ Rosanna M. Ellis Typed or printed name and residence 11 Walnut Street Camp Hill, PA 17011 Signature 717-761-1976 Louise M. Dolson 7 Walnut Street Camp Hill, PA 17011 ~~ 717.763-4979 Form -02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 1 of2 Oath of Personal Representative } SS } COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ,., a A~ 717, ~ ignature of Personal Representative Rosanna M. Ellis before me this day of ~ dYJ. ~ nature of Personal Representative Louise M. Dolson Signature of Personal Representative File Number: 21-- bl- ~1J~'D Estate of Elba Mancini , Deceased Social Security Number: 186-24-9500 Date of Death: 03/26/2007 ANDNOW,~ I 8 having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Rosanna M. Ellis and Louise M. Dolson , o1?o-' , in consideration of the foregoing Petition, satisfa<:t?ry proof ,; ("::'=:8 ':::::J ';'::',4 and that the instrument(s) dated 04122/1996 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. . '.~r: in ttie~aboveestate . .,' r~ -G cf'\ c.n wdJ $ IS-OO 0CP $ /0.06 ~fo $ S.oO $ $ $ $ $ $ Attorney Name: FEES Letters....... ............ .......... ............... $ Short Certificate(s).....J9........... $ 31b.OO '-to.cD '- Renunciation(s)............................. $ Attorney Signature: Supreme Court 1.0. No.: 46779 Gate, Halbruner & Hatch, P.C. Address: 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Telephone: 717-731-9600 3~OO TOTAL.................................... $ Form RW-02 Rev. 10-13-2006 Copyright (cl 2006 form software only The Lackner Group, Inc. Page 2 of 2 H105.805 REV 1/05 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. Fee for this certificate, $6.00 p 13352687 No. ~I?~~ Local Registrar MAR 2 8 2007 Date {.....~) c--") 1,..;,-:..) --J ~ ~, :;::J I N --0 c.) U1 0J ~\\ 61{)8iD REV 1112006 PRINT IN !ANENT CKINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER 4. Date 01 Death (Month, day, year) March 26, 2007 19. _'s Name (AIS!, _, malden surname) Eufrosia Scovaventi 2Ob. Informanfs Manlng Addrass (Slree\ city 1_, s1a~, zip code) 11 Walnut Street, Camp Hill, PA 17011 21b. Date of Disposition (Month. day, yea~ 21c. Place of Disposition (Name 01 cemetery. cremalory Of other place) 21d.location (City Ilcwm, stale. zip code) 1. Name 01 Decedent (AIS!, midcle, Osl, sullix) Elba Mancini 5. Age (l.ast Birthday) 12. Was Decedent ever In the U.S. Armed Fon:es? DYes ~No _'s Actual Residence 17a. Stale Pennsylvania Cumberland 6. Date 01 Birth (Month. day, year) 7. Birlhplace(C' 87 Yrs. October 26, 1919 Semproniano, Italy ed. Facilly Name (" not "'tilution, give _ and number) 713 Hilltop Drive Cumberland New Cumberland 13. Decedent's Education (Spadly only highaSl grade completed) Elementary 1 Secondary (0-12) College (1-4 or 5+) 12 11. Oecedenl's Usual lion Kfld of work done du most of Iif.. Do not stale re Kind 01 Work KInd of Business I Industry Homemaker Domestic . 16. Decedenfs M~11ng _(Street, city ,_, sta~, z~ code) 713 Hilltop Drive New Cumberland PA 17070 18. Fathe<'s Name (F"", _, lest, suIf~) Urbino Bianchi 17b. Counfy Mancini Ellis o C<ematk,n 0 Qone.1on 9500 Other. OOlhar - Spadfy: 10. Race:.Arnerican Indian, Black, WMe, etc. (Specil)j white 14. Marital Status: Married, Never Married, W-'d,Oivorl:ed(SpeciI)j Widowed Did Decedent Uveina T""""",1 17c. 0 Yes, Decedent Uved in 17d.1iI No, Decedent Uved within AclU8JUmilsol Twp. New Cumberland CIly/Soro Hershey Cemetery Derry Twp., PA 17033 FH & CS Inc. P.O. Box 431 New 23b. License Number )..{IJ rJY~" Y Y c- .., ~ CAUSE OF OEATH (See Instructions and axarnplas) Ilem 27. Part I: Entef the ~ - diseases, injutieS, or compIcations - thet dttctIy caosed the death. DO NOT enter temlinal events soch as cardiac arrest, respiratory arrtSl, Of ventricular fibnllallon without showing the etiology. Us! only one cause on each Mne. ~~~s~.[.,\<Isea~ I Approximate inletV8l: I Onset to Death I I I I I I I I I I I I I , , I =~~'~=a. Enter Ihe UNOERLY1HG CAUSE =-~~T~r lv",.Jj"v'~(,4L Due to (or as a consequence!?'!: l' b. fL(GL.~~ Q J 1l1Jeto(orasa~: c. iUU-~ C'lI'- Due to (or as a consequence ", e. XlI. Was an Autopsy Perlonnsd'1 d. 3Ob. Wara Autopsy FIlldIngs Available Prior to CompIeIion of Cause of Death? OYas ONo 321:l.limeoflnjuly 31. Manner of Death I1!J Natura' 0 Homidde 0- 0 Pendng InYaaligatlon o Suicide 0 Could No! be Determinad Part II: Enter other!lanificant cordIIons cnntrtbullnola d&Bth, bulnol resuIIIng nthe underlying cause given in Part I. 28. Old Tobacco Use Coolribute to Death? DYes OProbably o No 0 Unknown 29. II Fema\e: o No! pregnant within past year o Pregnant" lime o' death o Not prllQ08nt, but pregnant within 42 days 01 death o Not pregnant, but pregnanl43 days to 1 year betore death o Unknown" pregnant wil~n the past year 32c. Place of Injury: Home, Farm, Street, Factory, otr.. Buidlng, al<:. (Specify) M. 32f.IfTranspoIlaUonl~ury(Speci/y) o Drivel 1 Dlle- 0 paasenger OPedeSlrian Other - Specify: 33b. S1gnalula and TdIe 01 Carfifier 329. LocalIon 01 inju~ (Street, city ,_, sta~) DYes 13 No 338. Certifiar (check only one) ~:~~:"~ '='~cu,:'::"~l~~::=r':=-~_ ~_~~~~ ~':'~~ _ _ _ _ _ ___ ___ ___ __ _ 0 ~ ~==: =:"~~~=~ =u~:::~::~I~=~::~ manner as stated.. _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~= =::~= and I or Investigation. in my opinion, death occurred at the time. date. and place, and due to the cauae(a) and 1MMet' IS statecL 0 I ;(1 II 0<1 / I ,. I (\) 3>(" fu I Disoosilion Pef'mil No. L0 /--{j) 34. Name and Address of Person Who Completed Cause 01 Death (lIem 27) Type I Prinl Wet lAG.. -iL'At.1 1 IJI [) t> r/-.wJ~ ) y ~v4 lit" 171Y) LAST WILL AND TESTAMENT OF ELBA MANCINI I, ELBA MANCINI, now of 713 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania 17070, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Familv Backaround and ADDointment of Executor. (A) Familv and Backaround Information. I am married to LLOYD MANCINI. I have not been previously married. The children of our marriage are ROSANNA M. ELLIS and LOUISE M. DOLSON. Throughout this Will, LLOYD MANCINI will be referred to as "my husband" or "my spouse", and ROSANNA M. ELLIS and LOUISE M. DOLSON will be referred to as "my children" or "my daughters". The word "issue" will refer to my children as well as my other descendants. (B) ADDointment of Executor. I appoint as my Executor and Successor Executrices (all hereinafter referred to as Executor or Executors) under this Will, the following named persons to serve without bond and without being required to account to any court: Executor: My husband, LLOYD MANCINI. Successor Executrices: My daughters, ROSANNA M. ELLIS and LOUISE M. DOLSON, or the survivor of them, to act jointly. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled "THE ELBA MANCINI TRUST," dated April 1-~ , 1996, by and between ELBA MANCINI, as Settlor, and LLOYD MANCINI and ELBA MANCINI, as Trustees, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness EXDenSesJ Taxes. (A) EXDenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my esta~~. In add~trtpn, my Executor may notify th Trustees of the Trust.Jq.E!~crj:i9~~(j~ Paragraph FIR~T (C), above, any such expenses, an(il'~my(,E*~c~tor may accept rel.mbursement f 0 such Trustees. :" ,,c.d L . 0Y(. S';:C ~,Id z.- ~~ LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 2 (B) Taxes. 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 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 devisees, 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 as follows: (1) If my spouse survives me, then I direct that any taxes so paid shall be charged entirely against that portion of my residuary estate, if any, which does not qualify for the marital deduction from my taxable estate under Internal Revenue Code of 1986 (hereinafter "IRC") ~2056 or to the extent, if any, that said portion is insufficient, then against that portion of my residuary estate, if any, which does qualify for the marital deduction from my taxable estate under IRC ~2056. (2) If my spouse does not survive me, then 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. The foregoing provisions of this Article SECOND shall not apply to the following: (1) The amount, if any, by which taxes, interest and penalties thereon shall be increased as a result of the inclusion in my gross estate of property (a) in which I may have a qualifying income interest for life, under IRC ~2044 or corresponding provisions of state law, or (b) over which I may have a general power of appointment under IRC ~2041 or corresponding provisions of state law, or (c) over which I may have retained an interest as defined in IRC ~2036 or corresponding provisions of state law, and any taxes, interest and penalties on said incremental amount shall either be paid from said property directly or shall be recovered ~. ,1\1. ._~ LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 3 by my Executor from the person holding or receiving said property as provided in IRC ~~2207, 2207A or 2207B; (2) The generation skipping tax imposed by Chapter 13 or the additional estate tax imposed by ~2032A(c) (or corresponding provisions of state law applicable to my estate and imposing said taxes), and any and all interest and penalties on said Chapter 13 and ~2032(c) and comparable state taxes; and (3) interest paid, or Trustees above. Such portion or portions of said taxes, and penalties which may be required to be are actually paid or reimbursed, by the of the Trust described in Paragraph FIRST (C) , THIRD: Tanqible Personal Property. Except for those items excluded below and 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 spouse, LLOYD MANCINI, if he survives me. If my spouse does not survive me, then I leave such tangible personal property to my children, or their surviving issue, per stirpes, to be divided among them as they may select is 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 I may leave a separate, dated and unsigned Letter of Instruc which I shall place with this Will, containing directions ~~. ''/)'1 . <- ~>>-. LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 4 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. Regardless of whether my spouse survives, 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, including the insurance thereon, to the then-acting Trustees of the Trust described in paragraph FIRST (C), above, to be held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate, I hereby exercise all powers of appointment I possess at the time of my death except any powers of appointment which I possess under the Trust described in Paragraph FIRST (C), above, or which I possess under any trust created by my spouse during my spouse's life or under my spouse's will. FIFTH: Powers of Executor. 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 my 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 my 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, real, personal or mixed, 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 my estate, and to grant options, including any option for a period beyond the duration of my estate; except that, in lieu of any binding shareholder agreement or buy/sell agreement to the contrary, the Executor shall not be permitted to sell the stock or any other ownership interest in any business owned by me, or held in trust, at my death, without first offering the same for sale to my children, or without next offering the (,. (rn. .~ /4 LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 5 same to the corporation or business represented by such ownership interest for redemption. (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. (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 my estate and to agree to any rescission or modification of any contract or agreement affecting my estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of my estate. (8) To retain and carryon any business in which my 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 my estate may have an interest and to carryon the business thereof, to join with other owners in adopting any form of management for any business or property in which my 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 (, mI. _~c- LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 6 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 an 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 the Executor shall use such part of the income and the principal of my 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. (C) In making distributions from my 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 payor deliver the same to the custodian of such person, to payor deliver the same to such person without the intervention of a guardian, to payor 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 my 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. [, (fn. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts wh' ~ - LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 7 or my spouse 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 spouse 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 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. SIXTH: RiQhts and Liabilities of Executor. (A) No bond or other security shall be required of the Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by the Executor, and the 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 my entire estate shall be taken into account. [. aVL ~ -' LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 8 (C) The Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate in an amount the Executor normally charges for performing similar services during the time which he performs the services. SEVENTH: Tax Elections. (A) Except as otherwise provided in this Article SEVENTH, in determining the estate, inheritance and income tax liability relating to my estate, the Executor shall, with the advice of the Trustees of the Trust described in Paragraph FIRST (C), above, determine all available tax elections, which shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having 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 spouse in such proportions as they may agree. In accordance with IRC ~2632(a) and without regard to whether a federal estate tax return is actually filed, the 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, with the advice of the Trustees of the Trust described in Paragraph FIRST (C), above, determine the date as of which my gross estate shall be valued for the purpose of determining the federal estate tax payable by reason of my death. (C) The Executor may, with the advice of the Trustees of the Trust described in Paragraph FIRST (C), above, 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 tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. (D) The Trust described in paragraph FIRST (C), above, into which a portion of my probate estate is added under Article FOURTH, above, may contain a marital deduction amount for my spouse. The Executor shall, with the advice and consent of the Trustees of the Trust described in Paragraph FIRST (C), abov , determine whether to elect to qualify part or all of said 0 [ . On, #~ - LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 9 for the federal estate tax marital deduction. I hereby exculpate and exonerate the Executor from any and all liability for following the direction of the Trustees in making the election. EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his/her interest in my estate in any manner other than by the valid exercise of a power of appointment. No part of my 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. NINTH: Definitions and General Provisions. (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/her then- living descendants in the same manner. (D) Code. Unless otherwise stated, all references in Will to section and chapter numbers are to those of the Int ( 0n. t/~ LAST WILL AND TESTAMENT OF ELBA MANCINI PAGE 10 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. (F) Powers of ADDointment. By this Will, I do not exercise any powers of appointment I possess under the Trust described in Paragraph FIRST (C), above, or which I possess under any trust created by my spouse during my spouse's life or under my spouse's will. IN WITNESS WHEREOF, I, ELBA MANCINI, the Testatrix, have to this my Last Will and Testament, typewritten on eleven (11) pages, including the Acknowledgment and Affidavit, set my hand and seal this ~&- day of April, 1996. u~ (hI a~--vC,<---.-. < ELBA MANCINI ' 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/she believes the Testatrix to be of sound mind and memory. e preceding instrument consists of this and ten (10) other co secutively numbered typewritten pages including the Acknowle e t and Affidavit. residing at 2tY~rJIAM' If- f </'A~J1' :/hp-- residing at ~{Je~ L ' Ala~ (print na ) -7111111;' ~/1 . h ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF (! IL h1 k r J ~ ^--C{ SS: 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. Sworn to or affirmed, subscribed to, and acknowledged, cf before me ~the. rove-named Testatrix and witnesses. this :<6t " ~ day of rl , 1996. ~C2-'rLQ~_ ~ of ry Public . My Commission Expires: Notarial Seal Janet C. Naclerio. Notary Public Lemoyne Boro, Cumberland County My Commission Expires April 19. 1999 Member, PennsylvaniaAssodation of Notaries