HomeMy WebLinkAbout06-05-07
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STATE OF FLORIDA
COUNTY OF COLLIER
I, Dwight E. Brock, Clerk of the Circuit Court in and for the Twentieth Judicial Circuit, Collier
County, Florida do hereby certify that the foregoing is a true and correct copy of the document (s) on file
in this office.
WITNESS my hand and official seal this
, 2007.
STATE OF FLORIDA
COUNTY OF COLLIER
I, Hugh D. Hayes, Judge of the Circuit Court of the Twentieth Judicial Circuit, Collier County,
Florida do hereby certify that the attestation and instrument in writing are in due form of law, and that the
said DWIGHT E BROCK is and at the time of the making of said certificate and attestation was the Clerk
of said Circuit Court of Collier County, State of Florida, and the legal custodian of the papers,
documents, records and seal pertaining to said court, and is, and at the same time was, the proper officer
to make such attestation and certificate and that his signature thereto is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused to be affixed the
seal of said Court, in Naples, Florida, this II? ~-t~.J ,2007.
JUD~g..~i
CIRCUIT COURT JUDGE
STATE OF FLORIDA
COUNTY OF COLLIER
I, Dwight E. Brock, Clerk of the Circuit Court of the Twentieth Judicial Circuit of Florida, Collier
County, State of Florida, do hereby certify that Hugh D. Hayes, whose signature appears on the foregoing
certificate is and was at the time of signing said certificate, the Judge of said court, duly commissioned
and qualified, in accordance with the laws of the State of Florida.
IN TESTIMONY WHEREOF, I have hereunto subscribed my namar ca?sed to be affixed the
seal of said Court at the County Courthouse, in_Naples, Florida, this I {, r ~ . , 2007
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IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA
PROBATE DIVISION
IN RE: ESTATE OF
File No.:
(j7 -/Q -(fJ
GEORGE E. THURNER, JR.
Division:
Deceased.
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WHEREAS, George E. Thurner, Jr., a resident of Collier County, F( . ." i~ on"g
August 5, 2006, owning assets in the State of Florida, and ~ i, ~ ,-
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WHEREAS, Jayne W. Thurner has been appointed personal representati~~ m-lIIe ~ate '~co
of the decedent and has performed all acts prerequisite to issuance of Letters of A~inistration
LETTERS OF ADMINISTRATION
(single personal representative)
TO ALL WHOM IT MAY CONCERN
in the estate,
NOW, THEREFORE, I, the undersigned circuit judge, declare Jayne W. Thurner duly
qualified under the laws of the State of Florida to act as personal representative of the estate of
George E. Thurner, Jr., deceased, with full power to administer the estate according to law; to
ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of the
decedent as far as the assets of the estate will permit and the law directs; and to make distribution
of the estate according to law.
ORDERED on OIJU 'J JI
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Circuit Judge
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Printed by Collier County Probate Division on Apr 13, 2007 at 11: 1 0
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LAST WILL AND TESTAMENT
OF
GEORGE E. THURNER, JR.
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KATZ, TELLER, BRANT & HILO
A Legal Professional Association
2400 Chemed Center
255 East Fifth Street
Cincinnati, Ohio 45202-4787
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LAST WILL AND TESTAMENT
of
GEORGE E. THURNER, JR.
I, GEORGE E. THURNER, JR., a resident of Naples, Florida, declare this to be
my last will and testament, hereby revoking any and all other wills and codicils
previously made, as follows:
ARTICLE I
PAYMENT OF DEBTS AND EXPENSES
I direct my personal representative to pay all my enforceable debts and funeral
expenses as they become due.
ARTICLE II
DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY
I give to my wife, JAYNE W. THURNER, provided she survives me for a period of
thirty (30) days, all chattel property such as household goods and furniture, jewelry,
books, pictures, silverware and other articles of domestic or" personal use or ornament
and any automobiles which I may own at the time of my death. If my wife should not
survive me, my chattel property and automobiles shall go to my children who survive me
for a period of thirty (30) days, to be divided among them by themselves or otherwise
disposed of as they see fit. If such children shall not have agreed as 10 the division of
the chattel property within three (3) months after the appointment of my personal
representative, then the same shall be divided by my personal representative among
my children in as nearly equal shares as practicable, as my personal representative in
my personal representative's sole discretion may determine. The expense of delivering
the above chattel property to any beneficiary or beneficiaries shall be borne by my
estate.
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GEORGE E. THURNER, JR.
- 1 -
La~t will ~'nd Testament O.ORGE E. THURNE~: JR. .' . .
ARTICLE III
DISTRIBUTION OF ALL OTHER PROPERTY TO TRUST
All the rest, residue and remainder of my estate, both real and personal,
wherever situate and of whatever nature, kind and description that I may own at my
death. including legacies and devises, if any, which may lapse or fail for any reason, but
expressly excluding any property over which I may now or hereafter have the power of
appointment given me by any 'person which may be exercised by my will, I give, devise
and bequeath, and direct my personal representative to transfer to JAYNE W.
THURNER, of Cincinnati, Ohio. or her successor, as successor Trustee under an
agreement of trust executed prior to this will on December 28, 2005, between me, as
Grantor and original Trustee (the "Trust"), to be added to the property then held in trust
by such Trustee, and to be administered by such Trustee upon the terms set forth in
such agreement as it exists at the date of my death. The receipt of the Trustee shall be
a full acquittance and discharge to my personal representative hereunder for the
property so paid over.
ARTICLE IV
PERSONAL REPRESENTATIVE
I name my wife, JAYNE W. THURNER. as my personal representative. Should
such personal representative for any reason be unable to serve, then I name my
daughter. ROBIN HUGHES, and my son, GEORGE E. THURNER, III, as such personal
representatives. Should either of ROBIN HUGHES or GEORGE E. THURNER, III for
any reason be unable to serve, then I name the other as sole personal representative.
Should both ROBIN HUGHES and GEORGE E. THURNER, III for any reason be
unable to serve, then I name and request the Court having jurisdiction of my estate to
appoint as personal representative of my estate any person, firm or corporation
designated by such personal representative in a written instrument executed by her and
filed in such Court within sixty (60) days after the date of my death or of her declining or
ceasing to act, as the case may be. No personal representative serving hereunder shall
be required to give bond or other security for the performance of the personal
representative's duties. All of the discretion, powers and authority herein granted to my
personal representative shall be exercised by the personal representatiye then acting.
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GE~RNER;''JR.
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La~ Will ~~d Testament O"ORGE E THURNER, ~R. .
ARTICLE V
POWERS OF PERSONAL REPRESENTATIVE
My personal representative shall have all of the powers which are now or may
hereafter be conferred by law upon personal representatives and, in addition, my
personal representative shall have full power and authority: .
(a) To hold and control all of the property in my estate, to collect all income
thereof and to pay all taxes, expenses, and liabilities incurred in
connection with the administration and management of my estate.
(b) To purchase, sell and exchange such stocks (including by way of example
only the stock of any corporate personal representative hereunder, the
personal representative's parent or affiliate (hereinafter referred to as
"Personal representative's Stock")), bonds or other investments or
property, real or personal, including participation in any Common Trust
Fund established and maintained by my personal representative for the
collective investment of fiduciary funds, all without reference to the laws of
any state, court order, or the rules of any court governing the investments
of personal representatives; except, however, that any investment in
Personal representative's Stock shall be made only upon the direction of
my spouse, or if my spouse is unable to act for any reason, then by the
direction of a majority of the adult beneficiaries of the Trust then entitled to
receive or who in the trustee's discretion may then receive income
thereunder. Any sale or other disposition of any property may be for cash
or upon such terms of credit or otherwise as my personal representative
may deem advisable.
(c) To hold any of the property received by my personal representative
hereunder in the same form of investment as that in which it shall have
been received, without liability for loss or depreciation resulting from such
retention, although it may not be of the character of investment permitted
by law to personal representatives and although it represents a large
percentage of the total property of my estate.
(d) To borrow from any person, firm or corporation, or f~om the banking
department of any corporate personal representative serving hereunder,
upon such terms and conditions as my personal representative deems
advisable for carrying out the purposes hereunder; to give notes therefor,
with or without power of attorney to co~ ~ the
GEORGE E. THURNER, JR.
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Lakt wii, ~~d Testament O.ORGE E THURNE~. 'JR.
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(e)
payment of such loans by a pledge or mortgage of any or all of the
property in my estate.
To hold or transfer any of the securities or other property in my estate in
the name of my personal representative in or to bearer form or in the
name of a nominee without disclosing any fiduciary relationship, but such
registration shall neither increase nor decrease the liability of my personal
representative.
To convey, with or without warranty, lease perpetually, or for a term of
years, irrespective of the period of the administration of my estate, with or
without privilege of purchase, transfer or exchange any property held in
my estate at any time at such prices and upon such terms and conditions
and in such manner as my personal representative deems advisable.
To accumulate and retain cash in my estate and keep the same
uninvested for such length of time as my personal representative may
deem advisable and to invest in and retain non-income producing
securities or property and wasting assets in my estate.
To exercise all rights with respect to any stocks, bonds or other securities
or property, real or personal, held hereunder, and all persons, firms and
corporations are authorized to deal with my personal representative in
connection with such property as if my personal representative were the
sole owner thereof. Provided, however, that shares of Personal
representative's Stock shall be voted by any corporate personal
representative with respect to the election of my personal representative's
directors or the directors of my personal representative's parent or affiliate,
or proxies given to others for such purpose, only if and as directed in
writing by my spouse or if my spouse should be unable to act for any
reason, then by the written direction of a majority of the adult beneficiaries
of the Trust then entitled to or who may receive income thereunder.
To employ or consult with agents, advisors and legal counsel, other than
the regular employees of any corporate personal representative in
connection with my personal representative's duties hereunder, and to
determine and pay such persons, firms or corporations the reasonable
value of their services.
(f)
(g)
(h)
To compromise and adjust any and all claims in favor of or against my
estate and in case of any litigation involving my estate, to arbitrate, settle
or adjust any matters in controversy.
~~.
GEORd' Eo THURNER, JR.
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La~t will ~d Testament 09!lORGE E. THURNE~. 'JR.
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(k) To make, execute and deliver all contracts, deeds, assignments, proxies,
powers and other instruments, and to do in general any and all things for
the preservation and management of my estate.
(I) To pay premiums on all insurance policies owned by my estate on the life
of anyone other than me.
(m) To distribute income or principal of my estate in cash or in kind, including
non-pro rata distributions in kind. To value any securities, investments or
other property in my estate for the purpose of making distribution thereof,
and any value so placed on any property by my personal representative
shall be binding upon all persons.
(n) To participate in the conduct of any business in which my estate holds
stock, delegate to others discretionary power to take any actions with
respect to its management and affairs, including becoming a party to a
voting trust agreement and an agreement of which my personal
representative is the voting trustee or one of them, and invest additional
capital in, subscribe to additional stock or securities of, or lend money or
credit with or without security to such business. My personal
representative may also carry on and conduct any business interest held
in my estate, whether partnership or proprietorship, with complete
discretion to take any action with respect to the management or affairs of
such business and to participate in any incorporation, reorganization or
liquidation thereof and may invest additional capital in arid lend money or
credit with or without security to such business. My personal
representative may rely upon the reports of accountants as to the
operation and financial condition of any such business, corporation or
otherwise, without individual investigation. My personal representative
shall be relieved of any duty to file monthly reports or seek any
authorization or approval of the Probate Court and the provisions of this
paragraph shall supersede the provisions of applicable state law to the
extent that the same may be in conflict with the provisions hereof.
(0) To buy, sell and deal in options as writer of call options against securities,
stocks, convertible preferred stock, convertible bonds and warrants
whether or not they are owned by my estate, Le., covered or uncovered
options, to repurchase written call options in a closing transaction, to
deliver the securities for cash if the option is exercised, to buy Ilput"
options for securities, stock, convertible preferred stock, convertible bonds
and warrants. whether or not they are owned by my: estte. i~
GEORGE E. THURNER, JR.
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La~ will ~~d Testament OAORGE E THURNE~, 'JR.
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uncovered options, to resell .put" options in a closing transaction and to
receive the securities for cash if the option is exercised.
(p) With respect to any partnership in which I may have an interest at the time
of my death, I hereby dispense with an inventory and app.raisement of the
partnership assets by any surviving partner or partners pursuant to the
applicable provisions of state law, and the provisions of any partnership
agreement to which I am a party shall, to the extent permitted by law,
supersede the provisions of applicable state law to the extent that the
same may be in conflict with the provisions of any such agreement.
(q) To exercise any right or rights I may have to disclaim as a disclaimant
under Internal Revenue Code Section 2518 or any law of similar import
thus granting to my personal representative all authority to disclaim that I
would have if I were alive. In deciding whether to exercise any such right,
my personal representative shall consider the estimated income and/or
estate and/or inheritance tax (federal, state and local) payable by reason
of such exercise or non-exercise upon my death or as of any other prior or
later time by an estate, a trust or any beneficiary of mine or of any
member of my family and shall further consider any other factors that it
deems relevant as they exist at the time the personal representative
makes such decision. My personal representative shall have no liability to
any beneficiary of my estate or the Trust for whatever decision is made
with respect to such disclaimer.
Each and all of the foregoing may be done without court order or other legal
formality .
ARTICLE VI
INTERPRETATION OF TERMS
Words in the singular in this will may be interpreted as plural and vice versa and
words in the masculine may be interpreted as feminine or neuter and vice versa, all as
the sense may require.
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GEORGE -. THURNER, JR.
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L~~ will ;nd. Testament O.ORGE E. THURNE~.' JR.
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ARTICLE VII
DEFINITION OF CHILDREN AND ISSUE
, intentionally make no provision other than as herein provided for any of my
children or issue now living or hereafter born. Wherever the word "child" or "children" is
used herein, it shall mean lawful child or children and shall include lawfully adopted
child or children of mine, and wherever the word "issue" is used it shall mean lawful
lineal descendants and also shall include persons lawfully adopted as well as those of
the blood. The words "lawfully adopted" as used herein shall only include those
persons adopted prior to their eighteenth birthday.
ARTICLE VIII
PAYMENT OF ESTATE TAXES
I direct my personal representative to pay from and charge to the principal of my
residuary estate, or from funds available to my personal representative under the
provisions of the Trust as it exists at the time of my death, all estate, inheritance and
succession taxes rT axes") levied or assessed against my personal representative or
my estate or any beneficiary (except any tax which is imposed by Section 2601 of the
Internal Revenue Code or any amendment or successor provisions thereto) even
though any Taxes may be assessed in whole or in part with respect to property,
including proceeds of life insurance, which does not come into the possession of my
personal representative, and I hereby waive on behalf of my estate any right to recover,
and direct my personal representative not to recover any part of the Taxes so paid from
any beneficiary under this will or from any other person receiving any property which is
included in my gross estate. Notwithstanding the foregoing, if any portion of the residue
of my estate or Trust is allowable as a deduction for estate tax purposes, the Taxes
shall be reapportioned to the extent possible to the portion of the residue that is not so
allowable.
The provisions of the preceding paragraph shall not apply to the following Items:
1. Proceeds of life insurance payable to beneficiaries other than the
Trust, my spouse or my estate;
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GEORGE E. THURNER, JR.
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~~ W,II ~nd Testament O.ORGE E. THURNE~" JR.
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2. Proceeds of qualified plans and other proceeds' as described in
ARTICLE IX, paragraph 12 of the Trust, payable to beneficiaries other than the
Trust, my spouse or my estate;
3. Property over which I have a power of appointment which does not
pass to my spouse.
4. Property in which I hold a qualifying income interest for life
includable in my gross estate pursuant to Section 2044 of the I.ntemal Revenue
Code.
5. Joint and survivorship property which does not pass to my spouse
and any other property includable in my gross estate payable on my death to
anyone other than my spouse or the Trust.
With respect to Items 1, 2, 3, 4 and 5, I direct my personal representative to
recover at or before the time for payment of the Taxes from the beneficiary(ies) of such
. items the Taxes levied or assessed against my personal representative or my estate on
account of the inclusion of those items in my gross estate. Adjustments shall thereafter
be made if the Taxes are changed by amendment or audit. In determining the amount
of the Taxes to be recovered, my personal representative shall first calculate the Taxes
payable without the inclusion of such items, and next shall calculate the Taxes with the
inclusion of such Items. The additional Taxes payable by reason of including Items 1,2,
3, 4 and 5 shall be prorated among the beneficiaries of such Items.
In the event there is includable in my adjusted gross estate for federal estate tax
purposes any "qualified terminable interest property" as defined in Internal Revenue
Code Section 2056(b )(7), my personal representative shall have the sole and absolute
discretion to determine whether or not to make the election under Section
2056(b)(7)(B)(v) of the Internal Revenue Code to qualify all or any part of such property
for the marital deduction. In making such determination, the personal representative
shall consider any income, estate and inheritance taxes (federal, state and local)
resulting from my death and payable by my estate, the Trust, and the beneficiaries of
either my estate or the Trust and also all such taxes estimated to be payable upon the
subsequent death of my spouse. My personal representative shall further consider any
other factors that such personal representative deems relevant, including but not limited
to the likelihood of my spouse making gifts after my death. My personal representative
shall not be liable to any beneficiary of my estate or the Trust for any decision made
with respect to such election. ~ ~ ~ J
GEORGE E. THURNER, JR.
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L~st will ;nd Testament O.ORGE E. THURNE~.' JR.
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ARTICLE IX
PAYMENT OF FINAL INCOME TAXES
I authorize my personal representative to file a joint federal income tax return of
the income of my spouse and myself for any period or periods for which such a return
may be permitted, and I request my personal representative to do' so if the same
appears to bring about less taxes than the aggregate amount payable on separate
returns; and to pay such part of any balance of tax shown thereon as is attributable to
my income on a proportional basis. In addition, I authorize my personal representative
to claim as income tax deductions, all or any portion of the expenses of administration
of my estate, expenses for medical care which are paid out of my estate during the first
year after the date of my death and any other payments which my personal
representative may elect to claim either as income tax deductions or as estate tax
deductions, and also to elect the alternative valuation dates for the items included in my
gross estate for estate tax purposes, and I direct my personal representative to do so
whenever any such election may appear to my personal representative to bring about
less aggregate income and estate taxes imposed upon my estate and/or on the income
therefrom and/or on the income received by the beneficiaries from. my estate. I direct
my personal representative not to make any adjustments between income and principal
or in the amount of any bequest passing to any beneficiaries of my estate as a result of
any such election. All of the foregoing may be done without court order or other legal
formality and my personal representative shall not be liable to any person whomsoever
by reason of carrying out these provisions. The determination 'Of my personal
representative hereunder shall be binding on all persons.
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GEORGE E. THURNER, JR.
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L~~ Will ~nd Testament O.ORGE E THURNE~.' JR. . .
IN WITNESS WHEREOF, I have subscribed my name to this my last wjl~ pnd
testam~nSiSting of twelve typewritten pages; each bearing my signature this t I
day of '"'\ ' 2006.
~~7~V
GEORGE E. THURNER, JR.
This instrument, consisting of twelve typewritten pages, each numbered and
each bearing the signature of the aforementioned Testator, GEORGE E. THURNER, .
JR., was on the date thereof signed, declared and published by said Testator, whom we
each and every one of us believe to be of sound and disposing mind and memory. to be
his Will and Testament, in the presence of us, who at his request and in his presence,
and in the presence of each other. have subscribed our names as witnesses hereto.
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Printed by Collier County Probate Division on Apr 13. 2007 at 11:12
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STRADLEY
IIRoNON
.~ATTORNEYS AT LAW
Stradley Ronon Stevens & Young, LLP
2600 One Commerce Square
Philadelphia, PA 19103-7098
Telephone 215.564.8000
Fax 215.564.8120
www.stradley.com
June 1,2007
Register of Wills
Cumberland County
One Courthouse Square
Carlisle, P A 17013
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RE: Estate of George E. Thurner, Jr., Deceased
Date of Death: August 5, 2006
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Dear Sir or Madam:
The following are enclosed for ancillary administration of the Estate of George E.
Thurner, Jr. who died on August 5, 2006 owning real estate in Cumberland County,
Pennsylvania:
1. Exemplified copy of the Last Will and Testament of George E. Thurner, Jr. dated
July 21,2006 along with exemplified copy of record;
2. Petition for Probate and Grant of Letters for the appointment of Jayne W. Thurner
named under Paragraph N of the Will as Personal Representative;
4. Certified death certificate of George E. Thurner, Jr.;
5. Estate Information Sheet; and
6. Checks in the amount of$3,590 in payment of the fee on the value of the ancillary
property and a check for $79 for filing fees.
The Petitioner, Jayne W. Thurner, a resident of Ohio, would like to take her oath before
the Probate Judge of the Hamilton County Probate Court in Cincinnati, Ohio. Please arrange for
the appropriate documentation to be sent to Judge Cissell at the following address:
James Cissell, Probate Judge
William Howard Taft Center
230 East Ninth Street
Cincinnati, Ohio 45202
In order to expedite the appointment, we are enclosing a federal express envelope to
Judge Cissell and a federal express envelope for their use in returning the signed Petition to you.
Philadelphia, PA . Malvem, PA · Harrisburg, PA · Wilmington, DE · Cherry Bill, NJ · Washington, DC
A PllulsJI-- LImIted LIlIbiIIty PutMnhIp
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liT MERITAS LAW FIRMS WORLDWIDE
.
Register of Wills
June 1, 2007
Page 2
Thank you for your assistance. If you have any questions, please contact me at (215)
564-8017, or Linda Bergin, our Trust and Estate Administrator, at (215) 564-8177.
. E.J~5D7L-~
Stephanie E. Sanderson-Braem b;
Enclosures
cc: Joel S. Brant, Esquire
Linda C. Bergin, Trust and Estate Administrator
Doc. #326911
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