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HomeMy WebLinkAbout01-30-08 Register of Wills of Cumberland County, Pennsylvania Estate of Patricia P. Harry also known as Patricia Parker Harry PETITION FOR GRANT OF LETTERS J I -O~ - 0/ /!L No. , Deceased Social Security No.209-12-7297 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) Gl A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or Decedent, dated 3/29/2001 and codicil(s) dated 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 survive~ the follo~ spouse (if any) and heirs: ?~:<35 ~ ,. ~J-O ... (' '\~c: W Name Relationship '~~ce 0 --I c:t:> (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 219 N. 25th Street, Camp Hill, PA 17011 , Camp Hill Borough (list street, number and municipality) Decedent, then 83 years of age, died January 21 ,2008, at Manor Care (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 ..................................................................................................................... $ 400,000.00 400,000.00 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 appropriate form to the undersigned: Typed or printed name and residence James T. Har 219 N. 25th Street Cam Hill PA 17011 RW-7 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and 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~, 'ng to law. ~~' Sworn to and affirmed and subscribed i. ~_ b ore me this ,tJj)th day of ( DECREE OF REGISTER Deceased o r:;o '~: ~ ,-.. ,'lI'-~ ,J :.e h; /)/ cOO'- J h ,:;;. cis 5'< oL 0 11(7....' _.i () ,.-; ') 0 '-", No. ,",[ :- --'" ~TJ ::=4 -~ r-,) = = = '- 1!!' Z " Estate bf ,Patricia P. Harry also known as Patricia Parker Harrv w '-' , -~ . -0 ::x r:y In 0::> (. "I Date of Death: 1/21/2008 , Q{)OX , in consideration of the Petition esented before me, AND NOW, on the reverse side hereon, satisfactory proof having been IT IS DECREED that Letters ~ Testamentary 0 of Administration (c,l.a,. d.b.n.c.l.; pendente lite; durante absentia; durante rninoritate) are hereby granted to James T. Harry in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and tiled of record as the last Will of Decedent. FEES Letters................................... . Short Certificate(s) ............... Renunciation .......................... Affidavit ( ) ....................... Extra Pages ( ).............. Codicil ................................. :'i~......................... W'l' etI'n:n' .....1.. t........................... .~{) l50 $ .. I $ --' (.fl .00 $ $ $ $ $-10.lJ-6 6,0 $ $-.J5.OD .;J!JlIdfL (JiJ!JJ7IAJ. J-u~ I Register of Wills p;t 11 ? Attorney Attorney: Linus E. Fenicle I.D.No: 20944 Address: 2331 Market Street Camp Hill Telephone: (717) 763-1383 DATE FILED: PA 17011 TOTAL .............................$ -4('1 () (JD RW-7A , T , "'::; , "~I \ <; 'J', r:: \' /JI-C:? - lid- LOCAL REGISTRAR'S CERTIFICATION OF DE,ATI-I WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 14120672 Certification Number This is to certify that the infonnation 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 pennanent filing. ~ /Jl ~ JAM (2 io09 Local Registrar 0 ~ D"tiY-Issued Co ' , :"'-:D <-. . i:: -u r--. ?=: . ',,- J ....... '."cr:;;~ W ~3~ C> .) ) ~. C') (=..~> '-,C)'CI jc ~ '0 -~:..;,.. -u :]:. ~ U1 \.0 , .i ~'': ; 3 REV 1112006 1 PRIHT IN 'MANEHT ACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FilE NUMBER 1. Name of Decedent (FhI, mkkIe, last, suffix) Patricia P. 5. Age (Lasl BIrthday) 83 6. Date 01 BI"" (Mon!tl, de , 7. (' end_or Feb 14,1924 Harrisburg, ad. FIICiIiIy Name (" no< in_, ~ st.... BI1d runber) Manor Care PA VIS. 1,. Oecedent's Usual 11101101 life. Donal stale reti KJndolWak ~0I!lJ!!'nes\/1"""'" Accounting Be~~ Te~epnone .. 16. Decedents MaIIng AdO'e88 (Street, city I town, stale, zip code) 219 N. 25th St. Cam Hill PA 17011 'R F_sName (FIlS!. _, IesI. suffix) Paul A. Parker 12. Was Dec8dent ever in the U.S. Armed Forcea? Dv.. XlNo Oecodent's Actual Residence 17B. Slate 13. Decedent's Educalioo (SpeoIfy only hipst grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 14 PA 17b.Coonly Cumber land 4. Dale of Death (Month, day, year) Jan 21,2008 10. Race: American Indian, Black, WhIle, etc. (SpeciIYi White 14. Marital Status: Married, Never Married, WIdowed, Divorced (SpocifYI married Did~1 Uveina Township? 17c. 0 Yes, Oecedenlliwld in 17d}fi{~=rwllhln Camp Hill Twp. CIty/Bon> 208. Infoonant's Name (Type I Print) James T. Harry 19. Mother's Name (FnI, midde, maiden!llJf1'\8lTll) Elizabeth A. Evans 2OIl. IrIoononrs MaIilg Addrass (9raet, cIIy 1_, stele, z~ code) 219 N. 25th st.Camp Hill,PA 21c. Place 01 0Isp00lII0n (Name 01 cemelel\'. CI8IM!oIy cr _ place) Hollinger Crematory . ~ 22<:. Name and Addrass 01 FecIIIy Musselman FH&CS Inc.324 Hummel Ave. Lemoyne,PA 23c. Date Signed (Month, day, year) ApproxImate interval: Part 11: Enter other sDlllicanl alnCtIlons contrhdinn to death, 28. DicI Tobacco Use Conlribute to Death? OnsetloOealh but not resullingin Ihe underlying cause \ti'en in Partt 0 Yes DProbabIy o No D Unknown 29.lfFema~, o Not pregnant within past year o Pregnanl al time 0' death o Not pregnan~ but pregnant within 42 days 01 death o Not lH~l, but pregnant 43 days 10 1 year bum death o Unknown if pregnant within the past year 32c. Place of Injury: Home. Farm, Stree~ Factory, 0IIice Bulding. etc. (Specify) _ 24-26 must be oon'llfeIed by person who pronounces death. 24. Trme of Death 25. Dale P""""""" Dead (Month, dey, year) J".o :1,' ..:IDe g V. 05 j.\ M CAUSE OF DEATH (See Inetructlona and examplet;) hem 27. Part t: Enterthe~-dseases. injuries, Qfcanplications-thaldrectlycausedlhedeath. DO NOT enterlerminal events such as cardiac arrest, respiraloryarrest'OfventrictJlar~' wtlhouI ..lheetiology.LislonlyoneCllUStoneachlne. ~=~='i'-~ a. ~ Due (orllSa uenceot): ~ ,,~ Sequen~ist coodtions, hny, b. ~ J... =~OuN=~r~18. Due 10 (or as 8 consequence 00: =,~.~~S+he c. 308. Was an Autopsy Perlonned? DV.. ~ d. :DI. Were Aulopsy FlIldings Available Prior 10 Completion of Cause 01 ~~ D V.. If No D-- D- OP8n<finglnvestigation o Su_ 0 Could Not be Dafarminad 32d. Time of l~ M 338. C<lrllfier (ctler:!< cn~ ens) Certffylng phyeiclan (Physician certifying cause of death when anoIher physician has pronounced death and compIeled Item 23) To the bat of my knowledge, deathOCCllrred due to the cause(.)_ manner as statecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ =a~~ =~~~~~~:::~ ::i=n:OOdea~~:r:1oto=~:I: mlnnera stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 Mldklll Eumlner, Coroner On the hi. 01 examination and I or Inve.tlgatlon, In my opinion, duth occurred It the time, date. Ifld place, 8nd due 10 the caUMf'llnct mlMM as stated.. 0 35. Reglstrar's Signature and DI ~ Disposition Permit No. 23b. License Number 26. Was Case Referred 10 Medical Examiner I Coroner lor a Reason Other than Cremation or Donation? o V.. [)[No 32g. Location of Injury (Streel, city/town, slate) Last Will and Testament o ~:;o ~':J, ~ (") 'T.,.r- '::-~y in ~'~ (~~) ?( ) (")0 -r) CJ---!" C . ~.G N I, PATRICIA P. HARRY, of Camp Hill, Cumberland County, Commonwealth ofP~S)!lvania,~~ which I declare to be my domicile, do hereby make, publish, and declare this to be my LAST WILL\.O AND TESTAMENT, hereby revoking all Wills and Codicils at any time heretofore made by me. r---;l = C-'> 0::> OF <- ;po.. z 0) a PATRICIA P. HARRY FIRST: IDENTIFICATION OF FAMILY. I declare that I am married to JAMES T. HARRY and that there is one (1) child of this marriage whose name is: JAMES P. HARRY. As used in this Will, the terms "my spouse" or "my Husband" shall mean only JAMES T. HARRY. As used in this Will, the term "my child" or "my children" refers to my natural children. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the definition of "child"/"children" set forth in this paragraph. SECOND: PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my lawful debts that my executor in his or her sole discretion may allow as claims against my estate. THIRD: DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of the tangible personal property of every kind and description, including, but not limited to, personal effects, automobiles and their accessories, furniture, furnishings, household goods, and clothing, together with all policies of insurance thereon, but excluding any cash, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of a trade or business, owned by me at the time of my death, and not otherwise disposed of herein, to my Husband, or if he shall fail to survive me, and any child of mine survives me, I direct my executor to divide my tangible personal property into two parts. The first part shall contain all items that my executor determines, after consulting with my children, to be of no present or future value or use to my children. The second part shall contain the balance of the property. My executor shall dispose of the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be added to my residuary estate. All property in the second part I give in substantially equal shares to my children to be divided among them as they shall agree. Ifno agreement is reached within sixty (60) days after my death, all property in the second part shall be divided among all of the children in such manner as executor shall direct. The decision of my executor shall be conclusive and binding on all persons interested in my estate. 1 ~&~c>-S('M Patricia P. Harry I direct that any expenses incurred in obtaining possession, appraising, safeguarding, delivering, or selling such property be paid from my estate as an administration expense. FOURTH: DISPOSITION OF RESIDUARY ESTATE. A. Disposition to Spouse. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to my spouse, if he survives me. B. Possible Disclaimer Trusts. Ifmy spouse survives me but validly disclaims a portion or all of the residuary estate to which he is entitled under this Article, I give such disclaimed portion of my estate, in trust to the trustee named in Article "FIFTEENTH" below, to take possession, control, and management of the disclaimed property, to invest and reinvest it, to collect and receive any income and, after deducting all proper expenses of the trust, to dispose of the net income and the principal as follows: 1. Credit Trust. For this Credit Trust, I give to my trustee the largest amount that can pass free offederal estate tax by reason of the applicable credit amount, the state death tax credit and any other estate tax credits allowed by the Internal Revenue Code; provided, however, that (1) the state death tax credit shall be taken into account only to the extent that it does not result in an increase in state death taxes which would otherwise be payable; (2) the sum disposed of by this Article shall be reduced by the value of property which passes outside the terms of this Will or which passes under other Articles of this Will and which does not qualify for the estate tax charitable or marital deductions; and (3) the sum disposed of by this Article shall be reduced by charges against the principal of my estate which do not qualify as federal estate tax deductions. In making the computations necessary to determine the amount of this pecuniary bequest, valuations and credit amounts as finally determined for federal estate tax purposes shall control. I direct my trustee to hold, administer and distribute the trust as follows: a. During the lifetime of my spouse, my trustee shall pay to or for the benefit of my spouse, in quarterly or more frequent installments, all of the net income of the trust. b. During the lifetime of my spouse, my trustee, in its sole and absolute discretion, may also pay to or for the benefit of my spouse such portions of the principal of the trust as my trustee deems advisable to liberally provide for my spouse's health, support and maintenance after taking into account his other resources. My trustee shall not, however, invade the principal of this trust for my Husband's benefit until the principal of any marital trust created under this will for my Husband's benefit has first been fully exhausted. c. During the lifetime of my spouse, my trustee, in its sole and absolute discretion, may also pay to or apply for the benefit of any child or children of mine such portions of the principal of the trust as my trustee deems advisable to liberally provide for such child or children's health, support, maintenance and education (including higher and special education); 2 \~''''' 'l ~"'...,. G Patricia P. Harry provided, however, that no such principal invasion shall be made for the benefit of any child or children of mine until my spouse's health, support and maintenance shall first have been adequately provided for. d. My Husband is authorized, at any time and from time to time, upon written notice delivered to my trustee, to withdraw from trust principal an amount or amounts not to exceed, in the aggregate, Five Thousand Dollars ($5,000.00) per year or five percent (5%) of the principal market value of the trust per year, whichever is greater, as determined on the last day of the calendar year during which such withdrawal is made. The right of withdrawal shall be non-cumulative. e. Upon the death of my Husband, the then remaining trust income and principal shall be distributed as follows: A. Five thousand ($5,000) dollars to Vincencia Ravanetti. B. Five thousand ($5,000) dollars to C. Edgar Bouwer. C. Twenty-five thousand ($25,000) dollars to my grandson, James Ryan Harry. D. Twenty-five thousand ($25,000) dollars to my grandson, Peter Harry, to be held in a custodial account until he is age eighteen (18) with his parents as custodians. E. All ofthe rest, residue and remainder of my trust income and principal to my son, James P. Harry. Provided that if James P. Harry is not living at the trust distribution then I bequeath and devise the rest, residue and remainder of my trust as follows: 1. Fifty percent (50%) to my daughter-in-law, Nancy O. Harry. 2. Fifty percent (50%) to be divided equally between my then living grandchildren. 2. Marital Trust. For this Marital Trust, I give all the rest, residue and remainder of the disclaimed property, of every kind and nature and wheresoever situated, whether real or personal, to my trustee to be held, administered and distributed as follows: a. My trustee shall pay to or for the benefit of my Husband all of the net income from the trust in quarterly or more frequent installments so long as he shall live. b. My trustee, in its sole and absolute discretion, may also pay to or apply for the benefit of my Husband such portions of the principal of the trust as my trustee deems appropriate to liberally provide for my Husband's health, support and maintenance after taking into account his other resources. c. The remaining balance of all of the principal and interest of this Marital Trust shall be paid to the person or persons, including the estate of my spouse, as my spouse shall appoint. This power of appointment is exercisable by my spouse alone and in all events. The appointment shall be in the amounts or proportions and on the terms and conditions, either outright or ~~~Ct.)~ ~~~ 3 Patricia P. Harry 0 in trust, as my spouse shall appoint in his Last Will and Testament duly admitted to probate and specifically referring to and exercising this power of appointment, whether or not his Will is executed before or after my death. Before distributing the balance of the corpus, the Trustee shall pay any inheritance, estate or other death taxes that may be due by reason of the death of my spouse in connection with his interest in the corpus of the Marital Trust. d. If my Husband shall fail to exercise the power of appointment, in whole or in part, then upon the death of my Husband, my trustee shall divided the remaining trust assets, or the part thereof as to which the power of appointment was not validly exercised, and distribute it as follows: A. Five thousand ($5,000) dollars to Vincencia Ravanetti. B. Five thousand ($5,000) dollars to C. Edgar Bouwer. C. Twenty-five thousand ($25,000) dollars to my grandson, James Ryan Harry. D. Twenty-five thousand ($25,000) dollars to my grandson, Peter Harry, to be held in a custodial account until he is age eighteen (18) with his parents as custodians. E. All of the rest, residue and remainder of my estate to my son, James P. Harry. Provided that if James P. Harry is not living at the trust distribution then I bequeath and devise the rest, residue and remainder of my trust as follows: 1. Fifty percent (50%) to my daughter-in-law, Nancy O. Harry. 2. Fifty percent (50%) to be divided equally between my then living grandchildren. FIFTH: DISPOSITION WHEN SPOUSE NOT LIVING. If my Husband does not survive me, I leave all of the rest, residue, and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my "residuary estate") as follows: A. Five thousand ($5,000) dollars to Vincencia Ravanetti. B. Five thousand ($5,000) dollars to C. Edgar Bouwer. C. Twenty-five thousand ($25,000) dollars to my grandson, James Ryan Harry. D. Twenty-five thousand ($25,000) dollars to my grandson, Peter Harry, to be held in a custodial account until he is age eighteen (18) with his parents as custodians. E. All of the rest, residue and remainder of my estate to my son, James P. Harry. Provided that if James P. Harry fails to survive me then I bequeath and devise the rest, residue and remainder of my estate as follows: 4 ~~~"'~. ~ Patricia P. Harry 1. Fifty percent (50%) to my daughter-in-law, Nancy O. Harry. 2. Fifty percent (50%) to be divided equally between my then living grandchildren. SIXTH: TRUSTEE'S JUDGMENT FINAL. The judgment of the trustee as to the amount of payments or applications of principal or income pursuant to any trust established in this Will shall be final and conclusive on all persons interested, or who may become interested, in the trust estate. On making any payments or applications of principal, the trustee shall be fully released and discharged from all further liability or accountability. SEVENTH: SPENDTHRIFT PROVISION. No beneficiary of any trust created hereunder shall have any right or power to sell, assign, convey, mortgage, pledge, anticipate, hypothecate, or otherwise dispose of any right, title, or interest that the beneficiary may acquire in the income or principal of the trust estate until the income or principal has actually been paid over to the beneficiary by the trustee. Nor shall the income or principal of the trust estate, or any part of it, or any interest of any beneficiary under this Will be liable for, or to any extent subject to, any debts of any kind or nature incurred or contracted by any beneficiary, either before or after my death. Any right granted to a beneficiary to receive or withdraw assets of any such trust estate, either principal or income, for the beneficiary's own use and benefit shall not be available for the satisfaction of any claims ofthe creditors of the beneficiary. Any right of receipt or withdrawal shall be suspended and may not be exercised by any beneficiary on the filing of a proceeding in bankruptcy in which the beneficiary is debtor. The suspension shall be continued during bankruptcy proceedings and shall be restored only after the entry of a final order of discharge of the beneficiary as debtor. EIGHTH: RULE AGAINST PERPETUITIES. Notwithstanding anything in this Will to the contrary, I direct that no trust created hereunder shall continue for a period longer than permissible under my domiciliary state's Rule Against Perpetuities, and upon the expiration of such period, each such trust shall terminate and the assets thereof shall be distributed outright to those persons then in being who would be entitled to receive the trust principal from that trust at the time of the termination specified. NINTH: JOINING OF TRUSTS. If at the termination of any trust created under this Will any part of the trust principal is to be distributed to a person who shall then be the beneficiary of any other trust created under this Will, I direct that such person's part of the trust principal be added to his or her trust, to be administered and distributed as an integral part thereof. TENTH: POWERS OF ADMINISTRATION. I confer upon my executors and upon any trustee serving under this Will all powers granted to fiduciaries under the laws of the Commonwealth of Pennsylvania, whether my estate is administered in the Commonwealth of Pennsylvania or elsewhere. In addition to the powers granted by law, I authorize my executors or other legal representatives of my estate and any trustee serving under this Will: A. To accept additions to my estate or to any trust under my Will from any source. 5 ~~""-~'0-~ ~\ Patricia P. Harry B. To acquire the remaining undivided interest in property of my estate or trust in which my executor or trustee, in fiduciary capacity, holds an undivided interest. C. To invest and reinvest the assets of my estate or any trusts created under this Will in securities or in real or personal property, whether within or outside of Pennsylvania or the United States, without the need for diversification as to kind or amount and without being limited to investments authorized by law for fiduciaries. More specifically, but not by way of limitation, I authorize and empower such executors or trustee to: 1. Invest in discretionary common trust funds, mutual funds, investment trusts, unsecured obligations, stocks, bonds, and real estate. 2. Retain as long as such executors or trustee deem proper any real or personal property or any stocks, bonds, notes or other securities (including securities issued by my corporate fiduciary) which I own at my death or which are subsequently acquired. D. To effect and keep in force fire, rent, title, liability, casualty or other insurance to protect the property of the estate or trust and to protect the fiduciary. E. With respect to any property, real or personal, or any estate therein owned by my estate or trust, except where such property or any estate therein is specifically disposed of: 1. To take possession of, collect the rents from and manage the same. 2. To sell the same at public or private sale, and upon such terms and conditions, including credit, as to my fiduciary shall seem advisable. 3. To lease, mortgage, partition, or subdivide the same, even where the terms of such lease or mortgage shall extend beyond the administration of my estate or the term of any trust. 4. To abandon property which does not have sufficient economic value, in my executors' or my trustee's judgment, to make it worth protecting. 5. To repair or improve the same. 6. To grant options for the sale of same for a period not exceeding six (6) months. F. With respect to any mortgage held by the estate or trust, to continue the same upon and after maturity, with or without renewal extension, upon such terms as the fiduciary deems advisable, or to foreclose, as an incident to collection of any bond or note, any mortgage securing such bond or note, and to purchase the mortgaged property or acquire the property by deed from the mortgagor in lieu of foreclosure. 6 ~~~'" ~ .~\ Patricia P. Harry G. To employ any bank or trust company incorporated in the state of my domicile, any national bank located in the state of my domicile or any private banker duly authorized to engage in business in the state of my domicile as custodian of any stock or other securities held as fiduciary, and the cost thereof, except in the case of a corporate fiduciary, shall be a charge upon the estate or trust. H. To cause any stock or other securities to be registered and held in the name of a nommee. I. In the case of the survivor of two or more fiduciaries, to continue to administer the property of the estate or trust without the appointment of a successor fiduciary. J. As substitute or successor fiduciary, to succeed to all of the powers, duties and discretion of the original fiduciary, with respect to the estate or trust, as were given to the original fiduciary . K. To contest, compromise or otherwise settle any claim in favor of the estate, trust or fiduciary or in favor of third persons and against the estate, trust or fiduciary, or to submit the same to arbitration, without judicial approval. L. or by any trustee: With respect to any shares of stock or other securities owned by my executors 1. To vote or refrain from voting, in person or by proxy, discretionary or otherwise, such shares of stock or other securities. 2. To pay calls, assessments and any other sums chargeable or accruing against or on account of shares of stock, bonds, debentures or other corporate securities, whenever such payments may be legally enforceable against the fiduciary or any property of the estate or trust or the fiduciary deems payment expedient and for the best interests of the estate or trust. 3. To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers, or liquidations and to consent to corporate sales, leases and encumbrances. M. To execute and deliver agreements, assignments, bills of sale, contracts, deeds, notes, receipts and any other instruments necessary or appropriate for the administration of the estate or trust. N. In the case of a trustee, to hold the property of two or more trusts or parts of such trusts created by the same instrument as an undivided whole without separation as between such trusts or parts, provided that such separate trusts or parts shall have undivided interests and provided further that no such holding shall defer the vesting of any estate in possession or otherwise. 7 ~~.;",<>.~ ~">."lJ.~ Patricia P. Ha;ry o. To make distribution in cash, in kind valued at fair market value of the property at the date of distribution, or partly in each, without being required to make pro rata distributions of such property. P. To pay all reasonable and proper expenses of administration from the property of the estate or trust, including any reasonable counsel fees which the fiduciary may incur. Q. To employ and remunerate agents to perform necessary services for the estate or for any trust created thereunder such as, but not limited to, accountants, attorneys, investment advisors, actuaries, appraisers and custodians. R. To borrow in the name of my estate or trusts from themselves or others and secure such loans by mortgage, note, or pledge, at prevailing rates of interest. s. With regard to any business enterprise which I may own or possess an interest in at the time of my death, whether incorporated, unincorporated, or operated as a sole proprietorship or partnership: 1. To retain all or any portion of the business and continue to operate the same for so long as my executors or trustee shall deem advisable; 2. To sell all or any portion of the business, at such time and on such terms and conditions (including credit), as my executors and trustee shall deem advisable. My executors and trustee may sell the business to any person, including a person interested in my estate or a fiduciary serving hereunder. 3. To control, direct or manage the business; vote any corporate shares; select, hire and compensate, or discharge employees, directors and officers of the business; serve on the board of directors of the business; retain and compensate experts to advise my executors or trustee concerning the management or disposition of the business; 4. money in the business; To recapitalize or reorganize the business; invest additional sums of 5. To participate in or consent to any merger, consolidation, reorganization, dissolution or liquidation of the business; 6. To account for the business as an entity separate from my estate or trust. In this regard, my executors or trustee shall be authorized to retain earnings in the business in conformity with sound business practice. 7. I exonerate my executors and my trustee from liability for any loss resulting from the retention and/or operation of any business enterprise unless such loss shall result from the executor's or trustee's gross negligence or willful misconduct. 8 ~ ~"'-~~c-~ \~:~:,,_, , (( Patricia P. Harry T. To claim administrative expenses of my estate either as income tax deductions or as estate tax deductions, in my executor's sole discretion, without regard to whether such expenses are payable from income or principal, and without the necessity of making adjustments or reimbursements between principal and income or among the property interests of the various beneficiaries of my estate. I exonerate my executors from any liability arising from the claim of a beneficiary of my estate whose entitlement under the terms of my Will has been diminished by my executors' elections. U. To execute, file and deliver proofs of claim or receipts required to collect all policies of life insurance on my life which name my estate or any trust created hereunder as beneficiary; elect any optional modes of settlement available under such policies; receive, administer and distribute the proceeds of such policies in accordance with the dispositive provisions of this Will. The receipt of my executor or my trustee shall constitute full acquittance to any insurance company for policy proceeds paid. V. To terminate and distribute outright to the income beneficiaries thereof the assets of any trust which, in the opinion of my trustee, has become so small that it is uneconomic and not in the best interests of the trust beneficiary or beneficiaries to continue. W. To allocate, in their sole and absolute discretion, any amount of the exemption from generation skipping taxes allowed under Internal Revenue Code, Section 2631(a), to property of which I am the transferor, including property transferred during my lifetime to which no allocation has previously been made, without the necessity of making adjustment or reimbursement to any person or trust as a result of such allocation. X. To combine trusts having substantially identical terms and with the same beneficiary or beneficiaries, whether created under the terms of my Will or my spouse's, to be administered and distributed as a single trust. y. To join with my surviving spouse or the executor of my Will in the execution and filing of: I. A joint income tax return for any period prior to my death for which I have not filed a return and to agree as to the apportionment of any joint tax liability. 2. A gift tax return on gifts made by my surviving spouse and to consent to treat such gifts as being made one-half (\12) by me, for any period prior to my death. Z. In the event that any of my tangible personal property is donated to a charitable organization(s) then my fiduciary is instructed to use the value of said donationes) as an inheritance tax deduction for any inheritance tax return which may be required to be filed as a consequence of my death. ELEVENTH: DISTRIBUTION TO MINORS AND PERSONS UNDER DISABILITY. Except as otherwise provided for herein, if any of my Estate or trust principal or income shall vest in absolute ownership in a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated, my ~~k~-~~~ ~ 9 Patricia P. Harry \ executor or trustee shall have the authority, in my executor's or trustee's discretion, and without court authorization, to make distributions or payments in anyone or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; (6) to apply part or all of the beneficiaries property for the beneficiaries health, education, maintenance, support or welfare; or (7) to any other person who shall have the care and custody of the person of the beneficiary. My executor or trustee shall be entitled to be paid at the same rate as testamentary trustees under the state law of my domicile for the holding and managing of property pursuant to this Article of my Will. My executor shall account in the same manner as trustees and shall not be required to render or file annual accountings with respect to the properties so held and administered for such beneficiaries. Nothing contained in this Article shall operate to suspend the absolute vesting ofthe share of any such beneficiary of my estate or any trust. Undistributed income may be accumulated and may from time to time be added to principal. TWELFTH: PAYMENT OF DEATH TAXES. My estate, inheritance, succession, transfer or other death taxes shall be paid as follows: A. If my Husband shall survive me, I direct that all estate, inheritance, succession, transfer or other death taxes assessed by any taxing authority, whether foreign or domestic, in respect of all property taxable by reason of my death or by reason of the inclusion of such property in my gross estate for estate tax purposes, be paid, without apportionment, out of my residuary estate established under Paragraph A of Article FOURTH of this Will. B. However, if my Husband shall survive me, and validly disclaims a portion or all of my estate, I direct that all estate, inheritance, succession, transfer or other death taxes assessed by any taxing authority, whether foreign or domestic, in respect of all property taxable by reason of my death or by reason of the inclusion of such property in my gross estate for estate tax purposes, be paid, without apportionment, first from that part of my estate which passes under the Credit Trust in Article "FOURTH" of this Will. C. To the extent that the part of my estate passing under the Credit Trust in Article "FOURTH" shall not be sufficient to pay such taxes, I direct that the balance of such taxes shall be paid from the Marital Trust in Article "FOURTH" without apportionment. D. Ifmy Husband shall not survive me, I direct that all such taxes shall be paid from that portion of my residuary estate that passes in accordance with Article FIFTH, paragraph E of this Will. E. However, the aforesaid notwithstanding, if, at the time of my death, I am the beneficiary of a qualified terminable interest property (QTIP) trust, and the principal of that trust is includible in my gross estate for tax purposes, it is my direction, pursuant to the provisions of Internal Revenue Code, Section 2207 A, that my executor or the trustee of such trust withhold from the shares of the remainderment of such trust an amount by which the estate tax in my estate exceeds the amount 10 ~~~>''''~~'7.'''t Patricia P. Harry of the estate tax which would have been payable had the trust property not been included in my estate for tax purposes. THIRTEENTH: PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purpose of this Will, in determining whether a person has survived me or another person, (1) my spouse shall be deemed to have predeceased me (subject to the following paragraph)unless it unmistakably appears by proof that he survived me; and (2) in all other cases, a person shall not be deemed to have survived me or another person ifhe or she dies within thirty (30) days of my death or of the death of the other person. If my spouse does not actually predecease me but is deemed to predecease me under the preceding paragraph, and if the property passing to me under Article "FOURTH" shall result in any federal estate tax liability in my estate, then Article "FOURTH" shall be interpreted as if I had disclaimed the smaller of the following amounts: (1) the largest amount, if any, of my residuary estate that would result in no federal estate liability tax in either of our estates; or (2) the largest amount, if any, needed to equalize the federal estate tax liability in each of our estates. FOURTEENTH: APPOINTMENT OF EXECUTOR. I nominate and appoint my spouse, JAMES T. HARRY, executor ofthis, my Will. Ifmy spouse shall fail to survive me, shall decline to act, or having qualified shall, for any reason thereafter, cease to act, I nominate and appoint m~ son, JAMES P. HARRY, as successor executor in his place. <" .~, ~, 'F/~-r b(U/tJP ./ecvtt-l17e:> FIFTEENTH: APPOINTMENT OF TRUSTEEsAominate and appoint my spouse, JAMES T. HARRY (individual co-trustee) and W.\YPOIl>TT BAN* (corporate co-trustee), as the initial co-trustees of any trusts created under this Will. If my spouse shall not serve as co-trustee for any reason or shall cease to serve as co-trustee for any reason, then I appoint James P. Harry, individual co-trustee in his place. In regard to the above nomination of co-trustees, the following shall apply: A. A co-trustee may at any time or from time to time by instrument in writing executed by the co-trustee and delivered to the other co-trustee, delegate to the other co-trustee all of the powers conferred on or otherwise vested in the co-trustees jointly; provided, however, that no discretionary power may be delegated to a co-trustee who is otherwise prohibited from exercising such power under other provisions of this instrument. The written instrument evidencing an exercise of this right of delegation shall contain a statement as to the period of time during which the delegation shall be effective. On the expiration of the delegation period, the co-trustee shall be restored to their original position in the administration of the trust estate.' A co-trustee executing a delegation of powers as described shall incur no liability or responsibility whatsoever for any loss or other consequence to the trust estate that may result from any action or inaction of the co-trustee during the period that the delegation of authority is in effect. B. My individual co-trustee shall have the absolute and unrestricted right to remove my corporate co-trustee at any time she shall determine and name another co-trustee, provided that in the case of such removal, the successor trustee appointed by the individual co-trustee shall be someone 11 ~~~\.~.~~, Patricia P. Harry ~ other than a related or subordinate party of the individual co-trustee or beneficiaries of the trusts. Related and subordinate party shall be defined as set forth in Internal Revenue Code 9672(c). C. Any co-trustee may resign from the position of trustee by executing a written resignation and delivering it to the other co-trustee, and the successor co-trustee. The date of delivery ofthe resignation shall be the effective date of the resignation. No court action or other proceeding shall be necessary for the resignation of a co-trustee. D. A person shall be disqualified from acting as a trustee (1) if found by a court of competent jurisdiction to be incapacitated; or (2) if, on receipt of a written request from an adult beneficiary or a co-trustee or successor co-trustee of the trust for a written certification from a qualified physician that upon examination the physician finds the person mentally or physically capable of properly handling his or her business affairs, the person does not obtain a written certification within thirty (30) days after receipt of the request. E. Every title, estate, right, authority and discretion vested in or conferred on any initial co-trustee under this Will shall likewise become and be vested in and may be exercised by any successor trustee. F. No co-trustee who is a beneficiary hereunder shall ever participate in (1) the exercise of, or decision not to exercise, any discretion to pay income or principal to or to apply income or principal for the benefit of, any beneficiary (including discretion to allocate funds among a group of beneficiaries and discretion to accumulate income), (2) the determination whether a beneficiary is disabled, (3) the decision to terminate any trust hereunder, (4) the exercise of discretion to allocate receipts or expenses between principal and income, (5) decisions to exercise tax options or (6) the selection of the property to be allocated to the marital deduction trust. G. The corporate fiduciary acting herein shall be compensated at the rates from time to time specified in its published schedule of fees. SIXTEENTH: LIABILITY OF TRUSTEE AND EXECUTOR. My executor and trustee shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part ofthe executor or trustee. My executor or trustee may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. SEVENTEENTH: INTERPRETATION. A. Terms. Throughout this Will I direct that the term "give" shall be deemed to include the term "bequeath" or "devise" when appropriate. 12 ~ ~'" .;. ~ ~"-~ \d~h "'- >. "(<; Patricia P. Harry B. Bond Not Required. I direct that no executor, trustee or other legal representative of my estate shall be required to furnish any bond or other security in any jurisdiction. C. Will Not Contractual. My spouse and I are executing Wills at approximately the same time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will of each of us is revocable at any time, whether before or after the death of the other spouse, at the sole discretion of the spouse making the Will. D. Successors of Fiduciaries. All pronouns referring to an executor or trustee and the terms "executor" and "trustee" shall be construed to mean any person acting as my executor, trustee, or administrator with will annexed, as the case may be. E. Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. F. Headings. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. G. Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of thirteen (13) typewritten pages, the first twelve (12) of which bear my signature in the margin for the purpose of identification, this 2rl11 day of JI~ ,2001. . ~~~~J~' ~~__ Patricia P. Harry, Testatrix () Signed, sealed, published and declared by the above-named Testatrix, Patricia P. Harry, as and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and presence and in t 'ght and pr e~ each other, have hereunto subscribed our names as witnesses. ~ Address ~:j11 #&~7' f7 C,#/I/ ~ /j.? //1 K--liY1l411 c/ r:~ Address a~3 I mn/ K p-J- Sl- r flfl1f 1ft III fA- 13 COMMONWEAL TH OF PENNSYL VANIA) : SS: COUNTY OF CUMBERLAND ) I, PATRICIA P. HARRY, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED TO fl,ND ACKNOWLEDGED BEFORE ME BY PATRICIA P. HARRY THE TESTATRIX, THIS ~DAY OF 1111.1/1/1 ,2001. Notarial Seal Susanne K. Sather, Notary Public Camp Hill Bora, Cumberland Coumy My Commission Expires Aug. 25, 2001 Member, Pennsylvania Association of Notaries ~G.~~~)'D ~. ~.'-'~ / Patricia P. Harry, Testatrix ~ ~(/AUd J( ~ Notary Public COMMONWEAL TH OF PENNSYL VANIA) : SS: COUNTY OF CUMBERLAND ) WE, LilltfJ G. H/l/t1'" AND KII1'lbef% L. ~I , THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGO G INSTR T, BEING DUL Y QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS :l9'Hf DAY OF h1o-tci1 ,2001. w~ /; ~ - ~ W SS ~ J(~d~ vt/A~J! 0d-hU ~RYPUBLIC Notarial Seal Susanne K. Sather, Notary Public Camp Hill Bora, Cumberland County My Commission Expires Aug. 25, 2001 Member, Pennsyfvanta~liOO~ Notafi8$