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HomeMy WebLinkAbout08-13-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Harriet June Piontkowski also known as COUNTY, PENNSYLVANIA File Number ~I ~~`^•'- -~~~`~ Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ~ ~' r"._l .~; c~:~ Executors ~ ~ {_-~ ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the - ; , 'T' named in the last Will of the Decedent dated December 22 2002 f _ - > and codicil(s) dated ' ~' t._ <..~ (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 c~1~te instrum`' tint(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No exceptions ~7% ~~~ ® B. Grant of Letters of Administration (If applicable, enter: c. t. a.;d.b.n.c.t.a.; pendentelite; duranteabsentia; duranteminoritate) 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.) (COMPLETE IN ALL CASES:) Anach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 509 Francis Drive, Mechanicsburg (Susquehanna Township), Pennsylvania, 17050 (List street address, town city, township, county, state, zip code) Decedent, then 77 years of age, died on July 25, 2008 at Carolyn Croxton Slane Residence located in Susquehanna Township, Dauphin County, Pennsylvania Decedent at death owned property with estimated values as follows (If domiciled in PA) All personal property $ 325 , 900.00 (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: None Form RGf'-02 rev. 10.13.06 Page 1 Of 2. 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ZQ~'~ ~~~~ _ ~ ~~ i~. I SS COUNTY OF Cj),X,fYI~'P~ ICJti`1(~ . The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true `and egrreet;tii'tfiehest of - the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitiotrer(sjwvll'vvell and~tiu~}~ ~'~~ administer the estate according to law. Sworn to or affirmed and subscribed before me the ~{~ day of II a~~ ~_ M~~ Fpr~the~Register~ File Number: of Signature of Personal Representative Signature of Persona! Representative Estate of Harriet June Piontkowski Social Security Number: Deceased Date of Death: July 25, 2008 AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Frank J. Kelly and Dorothy J. Martin in the above estate and that the instrument(s) dated December 22, 2002 described in the Petition be admitted to probate and filed of record.as the last Will (apd Codicil(s)) of Decedent. FEES Letters ............... $ ~V~Q~- Short Certificate(s) .. ~... $ ~,. Renunciation(s) .......... $ .11 ... $ IS-~jQ ~'~~ - - - $ ~° l~ ... $ ... $ ... $ ._. $ --- $ --• $ TOTAL .............. $ ~'J 0.00 1 Registernof GIs ~ ) {' ~~Y~6"'1`L' K, ~/ ~sz~~~ J Attorney Signature: O S p en P. Paschall, Esquire Attorney Name: Ju is Varholla, Esquire b6 18 (SPP) Supreme Court I.D. No.: 828 (JV) Address: Lovett Bookman Harmon Marks LLP Fifth Avenue Place, Suite 2900 120 Fifth Avenue, Pittsburgh, PA 15222 Telephone: 412-392-2220 For,,, RW-02 ,~~. /o.13.0<, Page 2 Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA . SS ,, ~ ~. COUNTY OF ~~~,11"l'l~+f ~r"lC~ ,~ ~"~;~ ~~'_' a 1 .~ ~';+ ~~ 1 • ~ ~ The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are {~~-and (correct to the best of the irnowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, P~ri~i'wxer~s) wi(i va~l't'a~ac~ truly ~, 1. r'. administer the estate according to law. Swom to or affirmed and subscribed before me the h day of y~ ~ ~'~ ~- ~ r the £cegister Signature of Personal Representative Signature of Personal Representative File Number: ~-~ ~ ~~~ r ~~~C~ Estate of Harriet June Piontkowski Attorney Name: Social Security Number: 190-24-5867 ~jff~~ Date of Deatli: July 25, 2008 AND NOW, _ ~~ , ~W~ , in consideration of the foregoing Petition, satisfactory proof having been presented before m , IT IS DECREED that Letters Testamentary are hereby granted to Frank J. Kelly and Dorothy J. Martin and that the instrument(s) dated December 22, 2002 described in the Petition be admitted to probate and filed of record as the last Will~~an~~d~~( FEES (.(JU'~ Re Letters ............... $ ~ . Short Certificate(s) . lam.... $ 1-~Q_ ~L1 Attorney Signature: Renunciation(s) .......... $ ~.~tt --. $ I~~.~ Form RW-02 i~ev. 10.13-06 C ... $ 1'0 . ~-'j0 ... $ ... $ ... $ --• $ --~ $ --~ $ 0.00 TOTAL .............. $ Supreme Court I.D. No.: of Wills Deceased its the above estate S hen P. Paschall, Esquire ul a Varholla, Es uire 60 8 (SPP) 9. 28 (JV) Address: Lovett Bookman Harmon Marks LLP Fifth Avenue Place, Suite 2900 120 Fifth Avenue, Pittsburgh, PA !5222 Telephone: 41.2 - 3 9 2- 2 2 2 0 Page 2 of Z OCAL REGISTRAR'S CERTIFICATION OF DEATH •.dg ~~ WARNING: It is illegal to duplicate this copy by photostat or photograph. 1 Fee for this certificate. $6.00 its is to certify that the information here given is rrectly copied from an original Certificate of Death ly filed writh me as Local Registrar. The original rtificate will be,~forwarded to the State Vital cords /F')~ficy~ fir ennanent filing. h }/ J ~~ tl• FrF f) REV II _'006 PRWT tN 1WNENT i'K '.NK P 1489070 •~`~~~~ :1,~~~ ,` Certification Number >J,~cal Re~isll•ar Date ]slued " _= ~. -. .. -~ --- - ., c_..~ ,~ _ ;'.- ;; ~~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ "` CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER I t Name G Dxacerv Ifuy inidde. lay, suthxl 2. Sex 3. Socna15ecumy Namur a. Data WDyiarls N, aay. year) '~°A ~ Harriet June Piontkaaski Female 190 - 24 - 5367 Jul..,-25, 2008 ~ 6 Aga iLasl Bin'-]ayt UrvIM 1 yea 1h10er 1 bay 6. Data o7 8rnn IMOnM. Oay, year) 7. &nnplate ICrty an0 iUla ur Ioee~9n counlryl 8a. Plxe OI Deans ICneck JMy onel tavWrc Oars nws yaninM NOSDiIar. 0111ar'. l ~. V - 77 ~rs 6/ 30 / 1931 Pittsburgh, PA ^ mpallenl ^ ER ouypabem ^ DOA ®Nuysxfg Nana ^ RaSrder¢a ^ana . spaarY 6o Ca.nry cr ~=e.;tn &. City. Boro. 7wp. of DeaN BC. Facairy Name 111 rot nsururan, ryve Boreal and numcerl 9 Wei Decor fem of Nlspanc Cngin? ®No ^ Yes 10. Rxs'. gr^ancan'vndan, Bladt. W'.liro. ak. pl yes, speclry Cuoan, ISpea':rYt Dauphin Susqueharu~a 7wp Carolyn Craxton Slane Residence Meucan PuenpRran etc, White 't Ce<edenl; ~_,.al \:uwaon ,N~nd cl wept a cne a w. mcst a was. ive. Co riot Blare retrial 12. Was Decedent zver in Ne 17 Decedent s Education ISpecM only ngney grade i:cmpi zlcp Is Marnai Su;ui: Maned. Nevis Manned, t6. Surviving `.gc uaa III wore. qve rwaen name) ream yr waw Krq a Busriess ~ Inuustry U.S Arrtlad Faces' Elementary ; Sxondary tU-72) Cuneye ll-0 or S.l WWS"~~ Owaced r5Vec1M Baskin ^ Ye5 4Np 12 Divorced 16 Decadent s Awling Aadess t9rear..irY .town. ;late, t.p oaael Decedent's Dia Decedent 509 Francis Dr t]c~Yes. Decedent Lved in ]S(p1Pl'7anna 7wp, AcWal Residence I'a. Slate FPnnS~Vanla ca~s u . t p I7d ^ No Decedent Uved wimn Mechanicsburg, PA 17050 I-b cpnnn~lnhin AGlual Llmn$ of Cp / Bao ' 3 EaN"r i Noma iFdst .made. easy. sudnl 19 Monier s Name tFrst. mdlNe. maiden iumdmey James A. Richardson Harriet Ma Kelly ?Oa lnWimantS NanWnType Pnntl 200. InbrtMnl's Maury Address lSlreeL:itytown. iara. tp codel Frank Ja Kell 719 Seth Dr. Cranberry 'IWp., PA 15212 .'a Mempd _t ~SpOS:wn ~Crertiavan ^ Daldllal 2111. Date of Dispo 00n eMdnm. day teary 21c, Pldca ul Disposilwri lNama a cemetery. uemalury or aIMN pMCe) 21d Lxalwn ICiry town yarn. tip codel G~d a.nar ^ Rengvallrom$MI. ! waacremaranar0oynationAayNOr¢W 8/1 /2008 Union Dale Cemetery Pittsburgh PA ^ Du>er . Stc~~,A. by Wdcal Examiner /Coroner? ^ Yes ^ No , y Squrure cl Fw.er person acrrng as sucnl 220. License Number 22c. Nana arq AdMezs of FanMy Hetrie Funera Home, Zne. ~ FD-014904-L b PA 17109 :,.mgAele n < ~rry wtwn ,emhi^9 x,,5..an a ~a a.aaaDw al ~ a deem m 27a To Ina cap a mr am xc rt V al W lane. dale and pbce slated. ISgnalure and ralel ~ 23D. License Namur x "' 23c. Dale Signed IMa:m. day. Pearl ~"" ~emrv uusa a aeatn ~ i(~- 5313 L( Zooms it 25 zms 2a~26 m„v :a <w.wreled by Denson . '~ ime of Deals ~ 26. Dare Prone\+rced Ozaa lMpmn. day. year) ~~ 26. Was Case Rzteued' Medical Examner ~ Cacner for a Reason net :Pan Gemabcn a DOnabon? r~ yawncei ~.:r' M. ~ Z (~ ~1-f~L- C.(, Z ~ , ~ LO~ ^ Yes CAUSE OF DEATH (Sea InsVUdloyss and examples l Approxmare nlerval. Pan II. Emer pyhar Bgnifiwnt condniens aonrnbuurld m loam. 2B. Did Tobacco Use Conmpule m Dean? Item Z7 Pan I Ele! :ne main of events - d5ea5e5. rnyunes ar cprriplrtaOpriS -mar drrxtry caused m8 tleaVl. DO NOT enter ;emunal events 5utn as cardac arrest. Onset to Geam our rnpl :BSUdin n ma orbs 9 ~ rryvq cause gnen n Pan I. rpbably ^ Yes ^ P resgrawry anew u venulcuar MNMUat wtaqul sMrvug vw e0okyy. Lis; Dray cne ease cn sacs wre. ^ ~ ^ ~~ / ~ / / ,, 'L ~ / 1 A YAYEOUTE CAUSE Fra1 dsease a (/ ~ ~ xraruon rzsuwng n deaml L(j.~Y1 0 Cfi.~ ( s 7 J u ~/h ~: µ7 h /l.~(y+>; ~ W r Jh h YQI M ~Ej!' ` 29. If Female. . s ~ ~ -~ a. V ^ Dua to rot as a conaagwnca oy1~. Nor yagw"r "'m'" pfx yea >adiianryay u9:`?~dW ts. R any D. d m i r ^ PreglliM a IMra d daatll aorrg w wise , ea on o re a Due to Ion as a con5eguence o0: E :ar dw UNDERLYING CAUSE ^ Npl pregvm, an Dregwv aNan a2 a+p aseaie cr r,F,y ?al sealed me .znss rewwv; n oaavu UST' c of deals Due la la as a conszpuerce oU. Not pregnant. Data l7 ^ e9^a^ 3 ~ ~ t Y~ d. Datpa deaN ^ Unuuwn .f pregnam wRan die pall year xia Was an Auroosy 300 Ware qurwsy F~ndngs ll. Manner a Daam 32a. Dale of Iryury IMOnm. Day, yeas 72o Descrwa FWw InWry Occurred 72c Place a mryry 1Kme. Farm. Sveat Faddy. P¢nume.f graildbi2 Prpr to lamplebon '°'w~ ^ ~r'n'o'd° Odra BuWing, ex. ; Spenlyl ul Cause cl Dzarno ~+ ^ yes ~+0 ^ fes ^ Mo ^ AGCid`nl ^ Penang InvayngaOM T2d Tine of ItNay 720. Inryry al Wurxn 321. a TrdnSperldlron Inlu7 t-V~~M1) 72g. Location of my,ry 150ae1, Cny town. sulel ^ Suicide ^ Gowd NW u DetemuM;d ^ Ye5 ^ No ^ Dnvar ~ Operator ~] Passenger ['Pecestnan M Cher ~ Spentr 77a ~an0ier cnttx x~i, oriel 33D SiynaWr ana line of CenJ~ei • Certrtymg pnysicW ~Pny;Aan araty,rq cause cl deaN nrwn aroma Dnysicwn nay prorounced tleaN aM ccmdal!d Item 271 ~/~ (1~` /~ ~ ~~ ! -~ ~ ~~ ~ 1, Ta tM Desy al my Fynowledga. Oeam occurred dw to tlN Cwselal and rt4rnrnal as sh1eQ _ _ _ _ ~ ~ `~ ~.~ `a t • Pronouncing and carutymg pnysroian iMysean win praicurr::ng deem and cenirying to cause of aeaml f c ^ 37c. ..cenie Nw.iur 77d Jau BgneO lMOnm. daY. rear; Ta dr Dest o mr anawleag., a•aln a curraa ar aye time. aorta. ana p!ata, ana dad to tM cwsNsl and manner as smad_ _ _ _ _ -' _ _ _ _ _ _ _ _ _ _ _ U ~ "0 (~ ~ C '- ~ 0 ~ ~ • skdka Examirw r Cororwr ..J p Z j 0 to W fis of examinalpn ana ! or iMaatigalwn. m opvxm. death ocpwrea ay Itrc arty, dNe, srW pbce. and aw to IDp uusalal arM mamner as sated_ ^ 33 ;lame ana Adafa$$ of o=r;cn'. nu ~ C.maeled Daus2 ul Daam:llem2i!Type. Prml ;ag5nari>5-a sn:aN F~i D o t Nnm n d '~ sH A J li f Ic n~ i ~• P,o~7~C ~ . 1~1 ~I~'l~af~-i a- a . . aY. Yaa . - . 3~' 2 ~RI~aCC= R~ Cp~~ )-llc~ ~'~ Dull / Di5po5incn Perms Nn (Zt;Z 3 S 9~~ s ~~ ~~~ 1 WTLL OF HARRIET JUNE PIONTKOWSKI .a_ ,_:, I, HARRIET JUNE PIONTKOWSKI, of Cumberland Cous~~~, `_~ ,- ~ -- Pennsylvania, make this my Will, hereby revoking any and:.;a1'1 ~~= wills and codicils heretofore made by me. .. ,_-~' z ~ .. ARTICLE I ~,,.> Payment of Debts I direct that my debts and the expenses of my last illness and funeral be paid out of my estate as soon as may be convenient after my death. ARTICLE II Tangible Personal Property; Identification and Exercise of Power of Appointment (A) I direct my Executors to distribute my tangible personal property, together with any policies of insurance thereon, in accordance with a writing (if any} signed by me, which writing may be made and changed from time to time by me after the execution of this Will. I bequeath so much of such property not effectively disposed of by me by the terms of such writing, together with any policies of_ insurance thereon, to my children, FRANK J. KELLY and DOROTHY J. MARTIN, who survive me as each of them may select and in such shares, whether equal or unequal, as they may determine. Any property not so selected shall be sold and the proceeds added to my residuary estate. My Executors shall make prompt disposition of my tangible personal property in accordance with this paragraph and shall pay from my PG FRB-70 i3~ 13 ('~-t rnSC ~,POF residuary estate all reasonable costs incurred by my Executors in connection with the maintenance, transportation and sale of such property. (B) My aunt, DOROTHY M. KELLY, in Paragraph Seventeenth of her Will dated October 29, 1996 ("Will"), created the Harriet June Piontkowski Trust for my benefit ("Trust") By the terms of subparagraph (A) of Paragraph Seventeenth of the Will, I possess a limited testamentary power of appointment over the property of the Trust, to which power of appointment I hereby specifically make reference. I hereby exercise such power of appointment in full and direct the Trustees of,the Trust to divide all property subject to such power of appointment into as many equal shares as there are, to set apart one of such shares with respect to each of the, children of the mine then living and children of mine then deceased but with issue then living and to hold, administer and dispose of such shares as follows. Each share so set apart with respect to a child of mine (whether then living or deceased) shall be held in a separate trust for the benefit of such child or such child's issue, as the case may be, in accordance with the subsequent provisions of this paragraph. In the event the separate trust is created for the benefit of a living child of mine ("such child"), the Trustees shall quarter- annually distribute the income of the separate trust to, or expend the same for the benefit of, such child for life. The Independent Trustee may at any time and from time to time during such child's life distribute the whole or any part of the principal of the separate trust to, or expend the same for the benefit of, such child, all as the Independent Trustee may determine for any reason or purpose whatsoever. Upon the death of such child, if such child is not survived by issue, the separate trust shall terminate and the Trustees shall distribute -2- the trust estate of the separate trust to m:y issue then living, per stirpes; provided, however, that any property thus distributable shall be added to such issue's separate trust or separate grandchild's trust hereunder, as the case may be, if the same is then in existence. Upon the death of such child, if such child is survived by issue, or in the event the separate trust is created with respect to a deceased child of mine, the Trustees shall divide the trust estate of the separate trust into as many equal shares as there are, and shall set apart one of such shares with respect to each of the, children of such child then living and children of such child then deceased but with issue then living. Each share so set apart for the issue of a deceased child of such child shall be distributed to such issue, per stirpes. Each share so set apart for a living child of such child shall be held in a separate grandchild's trust for the benefit of such living child ("such grandchild") The Trustees shall quarter-annually distribute the income of the separate grandchild's trust to, or expend the same for the benefit of, such grandchild for life. The Independent 'Trustee may at any time and from time to time distribute the whole or any part of the principal of the separate grandchild's trust to, or expend the same for the benefit of, such grandchild, all as the Independent Trustee may determine for any reason or purpose whatsoever. Such grandchild may withdraw free of trust the entire trust estate of the separate grandchild's trust at age 45. In the event such grandchild is at the time of the establishment of the separate grandchild's trust older than the age of 45, such grandchild shall have the right from and after such time to withdraw the entire trust estate of the separate grandchild's trust. Any such withdrawal shall be made b~y written request therefor delivered to the Trustees at any time after such grandchi.ld's attaining the age of 45 years. The separate -3- ~ f grandchild's trust shall terminate upon the death of such grandchild and the Trustees shall distribute the trust estate of the separate grandchild's trust to such grandchild's then living issue, per stirpes. ARTICLE III Residuary Estate I devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, wherever situate, to the HARRIET JUNE PIONTKOWSKI REVOCABLE TRUST. ARTICLE IV Taxes, Debts, Expenses and Bequests (A) I direct that (i) all federal estate taxes and all local, state and foreign estate, inheritance, transfer, legacy, succession and similar taxes which by reason of my death may be properly imposed upon, applicable to or payable with respect to any property or interest in property which may be included as part of my estate for the purposes of such taxes, or any one or more of them, including any property that may not be a part of my estate for administration purposes, and (ii) all generation- skipping taxes (if any) payable at my death with respect to all transfers of property constituting direct skips (as defined in Section 2612 (c) of the Code) of which I shall be the transferor other than a direct skip resulting from a disclaimer or to the extent a GST exemption is claimed with respect thereto, and any interest and penalties on any of the same, except (i) the additional amount of any of such taxes resulting from the inclusion in my estate for the purposes of any such tax of (a) property not included in my estate for administration -4- purposes to the extent that a governing insl~rument directs the fiduciary or other legal owner thereof to pay from such property a share or portion of such taxes, or (b) property over which I may have a power of appointment, which power was given by someone other than myself, or (ii) any generation-sipping tax except as otherwise specifically provided herein, or any interest or penalties on any of the same, shall be paid from my residuary estate passing under Article III of this Will, or, in the manner hereinafter provided, from the trust estate of the HARRIET JUNE PIONTKOWSKI REVOCABLE TRUST. (B) I have directed the Trustees of the HARRIET JUNE PIONTKOWSKI REVOCABLE TRUST to pay from the trust estate of such Trust to my Executors, or pay in such manner and at such time as requested by my Executors, the amounts which my Executors shall request in writing as necessary or advisable to supplement my probate estate in order to pay in full the taxes described in paragraph (A) of this Article, any interest and penalties on any of the same, debts, expenses of administration of my estate and all bequests. I authorize my Executors to request such Trustees to make such payment if and to the extent that my Executors shall deem it necessary or advisable to have all or any part of such taxes, interest and penalties, debts, expenses of administration and bequests paid from such trust estate rather than from my probate estate. (C) My Executors shall have full power and authority to make the allocation of the GST exemption in such manner as my Executors shall deem to be in the best interest of my estate and the beneficiaries thereof, and any determination made in good faith by my Executors with respect to such allocation shall be binding and conclusive upon each person having an interest in my -5- estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any pE=rson whomsoever. Z~ R T' T ('' T. F' S 7 Executors I hereby appoint my son, FRANK J. KELLY, and my daughter, DOROTHY J. MARTIN, as Executors of this Will. In the event of the inability or unwillingness of either of my said son or my said daughter to serve or to continue to serve as such an Executor, the remaining Executor shall serve as sole Executor hereunder. In the further event that neither my said son nor my said daughter is able or willing to serve or continue to serve as such an Executor, I appoint MELLON BANK, N..A., as successor Executor. In the event that at any time there is one Executor serving hereunder, references in this Will to Executors shall mean such Executor. ARTICLE VI Powers of Fiduciaries (A) I give to each fiduciary serving under this Will (whether or not named herein) in addition to the authority conferred by law and without the necessity of obtaining the order of any court the following powers: to retain any property received in kind; to sell, pledge, mortgage, lease for any term whatsoever, exchange and dispose of, either publicly or privately, any or all property, real, personal or mixed, at such times and for such prices and amounts and upon such terms and conditions as such fiduciary may determine; to invest and reinvest in such stock, bonds and other real, personal or mixed property of whatsoever character as such fiduciary may determine, -6- all statutory and other limitations now or Yiereafter enacted or in force being hereby waived and without such fiduciary being subject to any liability by reason of the keeping of any cash uninvested for any length of time; to exercise any option that may be owned by me at the time of my death; to borrow money; to compromise and settle claims; to determine income and principal and to allocate receipts and disbursements (including without limitation gains and losses) as between income and principal, all as such fiduciary determines to be advisable under the circumstances; to continue any business, incorporated or unincorporated, in which I may have had an :interest at the time of my death for such period, or to liquidate the same at such time and upon such terms, as such fiduciaries may determine, to invest additional sums in any such business even to the extent that the estate may be invested largely or ~°ntirely.in such business, to act as, or select other persons, including any fiduciary, officer of any corporate fiduciary or any beneficiary hereunder to act as, directors, officers or employees of any such business, to pay compensation for so acting without regard to whether the person so acting is a fiduciary, an officer of a corporate fiduciary or a beneficiary hereunder, and to make such other arrangements in respect thereof as such fiduciaries shall determine; and to make any distribution or division of property either in cash or in kind, or partly in cash and partly in kind, and to allot different kinds of, or interests in, property to different shares, all as such fiduciary shall determine to be equitable to effect any such distribution. The powers herein given to such fiduciary shall include the power to retain and invest in common trust funds maintained by any corporate fiduciary, the securities of any corporate fiduciary, interest- bearing accounts in, or certificates issued. by, the banking department of any corporate fiduciary, and securities -7- underwritten by syndicates of which any corporate fiduciary is a member but not purchased from such corporates fiduciary, and the stock of any corporation which controls or i.s affiliated with such corporate fiduciary, provided, however, that any fiduciaries shall vote the shares of stock of any corporate fiduciary or of any corporation which controls or is affiliated with such corporate fiduciary only as directed by the individual fiduciary, or, in the event there shall be no individual fiduciary then serving, by an adult beneficiary of the fiduciary account in which such shares are held. (B) No bond shall be required in any jurisdiction of any fiduciary serving under this Will (whether or not named herein), including any administrator c.t.a. or ancillary administrator appointed to administer my esi~ate, or, if a bond is required by law, no surety on such bond sha:11 be required. (C) In the event any expense of administration of my estate shall, at the option of my Executors, be deductible either in computing any federal income tax payable during the administration of my estate or in computing the federal estate tax payable with respect to my estate, my Executors shall exercise such option as my Executors shall deem to be in the best interests of my estate and the beneficiaries thereof. In the event any such expense is deducted for federal income tax purposes, my Executors may, but shall not be required to, transfer from income to principal an amount equal to the additional federal estate tax which my estate may be required to pay by reason of the failure to claim such expense as a deduction for federal estate tax purposes. -8- h (D) I authorize my Executors to disclaim in whole or in part any property or interest therein pa~:sing to me or to my estate by reason of a testamentary or inter vivos transfer or an intestate disposition or by any other means. ARTICLE VII Certain Definitions (A) References at any particular time to Sections of the Code shall mean the specified sections of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any future United States internal revenue law. (B) "GST exemption" shall mean the generation-skipping tax exemption amount allowed to an individual pursuant to Section 2631(a) of the Code. (C) "HARRIET JUNE PIONTKOWSKI RE`JOCABLE TRUST" shall mean the trust created under the Declaration of Trust entered into by me on even date herewith (but executed prior to the execution of this Will) as the same may be amended at any time after the execution of this Will, or, in thy? event that such Declaration of Trust shall not be in effect at the time of my death, such term shall mean a trust, the terms and conditions of which shall be the same as those specified in such Declaration of Trust as the same existed at the time of the execution of this Wi11 or of the last codicil hereto (which terms and conditions are incorporated herein by reference with like effect as if the same were set forth herein verbatim) and the Trustees of which shall be determined in accordance with such Declaration of Trust. -9- (D) "Independent Trustee" shall mean at any particular time with respect to any trust such a Trustee as at such time (i) has no interest, vested or contingent, direct or indirect, in the trust estate of such trust, (ii) cannot be benefited by the exercise or nonexercise of any power, authority or discretion given exclusively to or vested exclusively i_n the Independent Trustee by the provisions of this Will or by law, (iii) can alone (as though such Trustee were the only Trustee) possess and exercise each such power, authority and discretion without causing income or principal of the trust estate of such trust to be attributable to any beneficiary of such trust for income or gift tax purposes, or for estate tax purposes under the United States internal revenue laws in force and effect at such time prior to the time such income or principal is distributed to or for the account of, or used or expended for the benefit of, such beneficiary. If at any time there shall be more than one -10- r Independent Trustee acting as Trustee of such trust, the term "Independent Trustee" shall mean all such Trustees. IN WITNESS WHEREOF, I have hereunto set my hand and seal this J~~ day of ,~~~,~v _, 2002. '~ ~ / ,~~~ ~ ( SEAL ) RRIET~1 E PIONTKOWSKI V SIGNED, SEALED, PUBLISHED and DECLARED by the above- named Testator, HARRIET JUNE PIONTKOWSKI, as and for her Will, in the presence of us who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. l~ R""' Address='~ j,3 ~"!-~~/Ye~S ~`; . Address /5"g'(f ((/~`~~tMnS ~r(ll.~{ ~~ #~ 3~ /~l~"C~/~~~i'CSi3 u~ G, ~,9P ~ ~a_5"a ~7'j ~ ~~ /70 SS -11- OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS ~G1/7~,1~r ~l~/yO( COUNTY, PENNSYLVANIA Estate of ~~r/"/e f' ~~ / la ~~~~~~/ ~ ,Deceased ,~~ ~~ ~Nc ~4H ~ ~ and r ~ ~~~ ~y l () I -T ~~ _ (each) being duly qualif~~ie""d according to law, depose(s) and say(s) that, he the was ;~ ere well- acquainted with T7~t~'/'/~~" ~~G/~ ~on1i'~~~~/~j ~ and a are miliar with the handwriting and signature of the decedent, and that the signature of ~~'/~~' ~~ ~oN~o~~~ t~~o11the foregoing instrument purporting to be the Last Will and Testament/Codicil of /lki~r/e7`Z/^L~it~ ~~~~~~ is in h~ her wn proper handwriting. (Sig~uture) ,~~ ~.~~s 1~ri ve (Street Address) /~~c~tiV/c~sba%~ ~/}- l ~~s0 (City, State, ZipJ Executed in Register's Office Sworn to or affirmed anti subscribed before me this of day ~~s~~~ of Wills (Signature) ~~ IY~mc~~ Street (Street Address) ~-~ 13C~ ~ ~ 11 11 ~- (City, Stare, Zip) rj =:_C~ -- ---.= =~-, :.-~ L'- ~- ~~ r- z~~ G= ~~ ~~ Form RW-04 rev. !0.13.0(