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Home My WebLink About09-03-08PETITION FOR PR/O~~BATE AND GRANT OF LETTERS REGISTER OF WILLS OF (,.u yn b e~1 a No~ COUNTY, PENNSYLVANIA Estate of t- ra -J~-l A ~ ~ ~ f'-'1 t'1-7t File Number ~ I _00 ~ ~~~ also known as ,Deceased Social Security Number ~ 7 ~ " ZZ ' O~~P ~ rv Petitioner(s), who is/are 18 years of age or older, apply(ies) for: m ' ~~ : ,~; (COMPLETE 'A' or 'B' BELOW.) ~' ~ ~ $ j A. Probate and Grant of Lette s Te mentary and aver that Petitioner(s) is /are the ~ 1 named'irt tTie7 last Wtll of the Decedent dated >'~- ~ and codicil(s) dated ~-~ ~ ~ '' (State relevant circumstances, e.g., renunciation, death of executor, etc.) :~~' "T r" -:, _... Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrume t) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: 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 INALL CASES:) Attach additional sheets if necessary. was domiciled at death in (List street nddress, town/city, township, county, state, zip code) then , ~jf~ years of age, died on Pennsylv~tis with his /her last principal residence at ~t1U , ~1~' H ) 't o S 5 at_1781 N~VI/I-eadou) D t^~y.e. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania g ,500- c,~ %ofa~~ Sao . o0 situated as follows: Fonn RW-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 ~Q /~ ~n /~ SS COUNTY OF ~~ fJ~-'~~ ~lI l(/~ The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed r before me the ~_ day of ~~~aaog y Far the a ister Signs e of Personal Representative N Signature of Personal Representative vQiD . ' Cn "r ~~ fT1 fay` '...`> "'~` ~-~ Signature of Personnl Representative ~ ~ ~ "V ~ +` ~ Y'~ a -r, ~~ File Number: .3 s ..`• Estate of 1'1 /.l~/~~(S - ~ ~ ~ ~ I 1 F( , De/c~ea(s~ed Social Security Number: ~ ~ A ~ (~~ " V ~ (U~~ Date of Death: 0 ~ ." X ~ ' (J 1~ AND NOW, s r~ ~7 ~ ~, in consideration of the foregoing Petition, satisfactory proof ~- having been presented befor me, T IS DECREED th Letters ti°S Qm~ 1~f/ are hereby granted to in the above estate and that the instrument(s) dated o~ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ nQ, Short Certificate(s) ........ $ ~o( - Renunciation(s) .......... $ d ... $ ... $ 0. (~ I ... $ _~ $ ... $ ... $ ... $ ... ... $ ... $ TOTAL .............. $ Z Register of Attorney Signature: Attorney Name: ~ y~t e(4 h Supreme Court I.D. FI o~ o~ ~l.s Address: Zd$~ ~.~wlq ~~ -E-U.y-~ ~~.~5utt~~I ~at~r~.~l7t~ra ~ PA l~riu Telephone: ~ ~ ~ - ~ S °~ - $~ ~ ( Form RW-OZ rev. 10.13.06 Page 2 of 2 ~/ , ~105.R05 REV (01/07) ~ / ~~ ° 1 ~ ~~ LOCAL REGISTRAR'S CERTIFICATION OF DE~~TH WARNING: It is illegal to duplicate this copy by photostat or photogr~lp~h. Fee for this certificate, $6.00 P 14792486 Certification Number 1105.113 REV 112006 TYPE • PRINT IN PERAUNENT BLACK psK This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. Local Registrar Date Issued ~~ 1'*i G? =-=-' ,~~ W ~it~ ~ -rl ~ ~Y7 r~s't .~ „_ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instructlona and examples on reverse) CTaTF FI, F as rewaFo T Na,n d Deuded (first, mMe, last, sdruq 2. Sea 3. Social SeuuKY NwnMr !. pale d Dean (AbnU, my, yeaQ Francis B. Smith Male - - 1 3 August 30, 2008 5. Aga (Lass Bullmy) Iltvlar 1 ynr UrdN f m 8. pale a Butt, (Mar,U. m , ear) 7.8uppmce ( Ytd Yam a for ~ ( M. Place d Dsam ICnxu met wows wye Iburs YiwW lbapiW: 0111er: April 15 1928 Wilkes-Barre, PA 80 rre , ^ mpelwa ^ ER l Oulpaienl ^ ODA ^ NurYng lbmo ®Rasidence ^OIMr - 9petiry: ee. Cauvy d Deem &. Ciy, Baa, Twp. d DeYn aa. FxiBy Name (u na YsNabn, gnw eueY am mmDer) B. Was Decemnl d Hispalac OnpnY ®No ^ Yea 10. Race: Amenran ptdian, BMA, WNm. aK. Ip yes, epeuly taboo. ISpecdyl Clanberland Allen 1781 N. Meadow Drive AMzican,PwwRicen,eb~ it 11. Deuded's lkaW Kild d aan dorw ~ most d wa ~ Ipa. Do,M smm reared 12. Was Oeudenl ever in Ue 17. Deamm's Edznlian (SPecpY' eat' pigMSl gram carllpMeOi 10. MarpY Smtw- Alertwd, Never Monied, f 5. Swivbg Spouse Ip wm, giro marten name) Knd d WoA KuY d Bwuless / Indnpy US. Amwd ForcesY Elamermry 1 Secargary (Ot2) Cdlege (1J or St•) Widowed, Oivaced ( lectrical ineer E1 tric Yea ^~ Widowed 16. Oecema'a MaYap Adbeu (Street. city I bwrt, slaw, zp code) Decamnll Did OecedeM Adual Rasidenn ITa. Slam PennsYlVania Liw m e YTC oenmm Lived In (Jnner Allen T ®Yes 1781 N. Meadow Drive wp. . , TownNp? Mechanicsbur PA 17055 y 2O, ^ rb, De edenl urea walan 1° D°""" Cwnberland AauY tatlwa an/eua I& Famar's Name (FcY, netlde, msL adwq 1B. Momer'a Name IfuY, mode, maiden sunYn) e 20a. upanwnrs Neme (TYfne / Pree) 20b. Inbmwnys Maiutq Addaes (9pea, cU' I town, Yam, dD ~) Nadine Smith 1781 N. Meadow Drive Mechanics PA 17055 21a. Memad d Dispospbn ®Gemepon ^ Dawpm 21h. Dam a DiepoaiYm (MONn, my, year) 21c PMa d Dapospion (Name d camMary, aenwlory a oUa place) 21d. LacaOOn (Cpy / wm, Yam, zip code) ^ aural ^ flenavY pom Smote ^ ome,~speary: Wu Cre,aeWn or IYO,WIOn AupwrYed IzyNedkaEUminer/CpwwT Yea^Fb Se t. 1 2008 Hollinger Crematory Mt. Holly Springs, PA 22a. signore d fwwY la pemm ac ~ es suds) 220. l;cense Nwtu 22c. rMn andAdhwe d FadKy 8 Market Plaza Way - '~ 1 7 Mal zzi Funeral Home Mechanics PA 17055 Campl;m panty 23ec edle,l a - 23a. Tome 6eY , duU Y the ' mm mMd, (Signal and Kk) 27D. lksrae NwNmr 23c. Dam Strywd (MmU. my, year) p6ysoan K nd avaiwbm Y tan a dean b cadFY Ouse d mom. R ~, ~' 30 perm 21-26 rtuY M conpmled h person 2a. Tan d DeeU 25. P DeW (NOMD, my, riar) 26. Woe Gae Relerre0 b MedeY EaYnurr l Coronr for a M man Crada6on DonatlonT wtb praauras dean. r M, ^Yn ^No CAUSE OR pEATH (saa NuerueUOna and • a) , ApprownN uKanY: PYI p: Emer plher ~ ~ 20. DY Tdraoco Use ConaaW b DealT lWn 27. Pan I: Error tlw dtBpyLBSBNa - dseasea, rytna, or tn,rppcaao,re -pal dretpY caused pa mom. DO NO ,terminal events such as cardiac YrW, a Onset tc Dean ' 6ul r,d resWbp'n pro ulde,lylrlp cause even n Pan I ^ Yas ^ ProDady ,esPualpy BrmY, Or vealKUlw A 6raatlon WehoN eltawir91lls awlagy. LLSI Ody ells CAa96 On Bath ene, ; ^ ~ r, . /n Orarlw 1 L,f IIYIEp1ATE ~~ Fl yn Idseaseq (~~ "~ mtldborr rea duU 1 ~ ~ l 29.pfar,W: LY (,/t l(~K _,S e. 1 c-f•~ 1 V Cu• ^ aw b for as a tmlaegaer,te oQ: ~ Nd ge7ara warn paw Year Se~rmupv D~ i gad~r,o db ~awe Wed on M~ia a ^ PregnM Y Arn d deaU . w Ever Aw UNDENLYNG CAUSE Due b (or es a consePwrce a): ~ ^ Nd pregnant. Dw gegnam welun ~2 days ,dseaso u, awl:awkkdd pro c. r areas roswup~n dean) IAST. r a mom Due b for ae a mnsegwnte dl: r ^ Nat gegnme. Dul preyyuta a7 mys b 1 year d. r 1 blare mom ^ lplunown p gegwm wdmn pro paY Yea 30a. Was an Autopsy 306. Were Autopsy findngs 71. Meurer d 32a. Dale d l^NaY IMOMI, my, Year) 72b. Desama Now pjtaY' Ocaned 32c. Pwa d uMtaY: Harty, Farm. SwY, FaclwT, Pedamed? Aveeade Poor b Campaum wrw ^ H m m Ollie BWpNIp, eb. (Spectry) a caaee a lkam7 a xa ^ Yes ^Yes ^ No ^ Actelea ^ Pandng Invemgalion 32d. Time d Inryry 32e. Irgwy Y Worp7 321. If Tra,lsq,7aacn aMteY (SpecilyJ 72y. Locaum d Injwy ISNeat ury /loom, Peon) ^ Suicide ^ Could Nd M Dalermirad ^Yes ^ No ^ Dover / Operator ^ Passenpe Pedesbwn M Doter ~ sPa.,ry: 33a CedM, (d,ace auy onl 376 care an T nKw ' Ce,tllying p6ysklan IPnysiian nMriS cause o1 mom when aratM, physinan has gorlawked math art comgdee Item 231 ~.. . To lM Mato my YnowlMBe, raern occwred arbtM Cauas(sl and mannrualale~__'_____________________________ tr t - • Prorauncing ell cMYymg plryskW (Pnysiuan bah gonottncng maU art ceniyng to rouse a deaU) T Y M t a Md W d d ^ 33c lkene 33d. DaW Sgwa,Monm, my, year) a m e my r ge, eaU acum eI tM tore, mte, and place, and dw b IM nuaya) and mannm u eWed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • waiar E,alNrr,YCaaw O]Otua3yL ~130IU~ On pr Wp d esamuwbn arW I a bwnlgadon, b my opinbn, mom acurred se Ills lime, date, nd ptxe, and duo b IM owaa(y and manor as aYled_ ^ ~, Nam(~e and Addesa of Parson WM Completed Cause a Deam (Item 27) Tyq l Prra Si Di n ' `• ~ to 1'SC ~ r LIC Cw.ai I Q ~iJ gnaaae art rat s st cl ~ I I ~ I ~ I ~I Dale Filed IMaan, my, year) . ~ ti Q ef`t A11 t NV~tll t(e Ad ~ ~ r US I.~I~ t/sLl ~ f a _ , ~, ... D,apos,lwn Petrmt Na. 0251037 C~ rV ~ ~ `~ ~ - m ~,,> c, ~ LAST WILL AND TESTAMENT ~ r.. ~ ~~ _+v ~ :.; f''' a ~ 7 C!1 ~ ~l:i %i7 ' + f `+•} l;~ i~7 KNOW ALL MEN BY THESE PRESENTS, that I, FRANCIS B. SMITH, cu~ }~ ~~'. .-~ =`~-' residing in Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania, bend m good ~ ~~ `,~-, w health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to my wife, MARY LEE SMITH, if she survives me by thirty days. Should my wife not be living on the thirty-first day after my death, I bequeath such tangible personalty and insurance thereon to such of my children as are living on the thirty-first day after my death, to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. Any such article allotted to a minor may, as my Executor thinks advisable, either be delivered to the minor or any person to hold for the minor, or be sold and the proceeds paid to the Trustee as hereinafter provided in ARTICLE FOURTH hereof. THIRD: If my wife, MARY LEE SMITH, survives me (and I direct that for the purpose of this Item THIRD she shall be deemed to have survived me unless it appears unmistakable that she predeceased me) and if the federal estate tax due because of my death will be reduced by making this gift for her benefit, I devise and bequeath to my wife, MARY LEE SMITH, -Y :n..c~-c-i.~'~ ch~cc~-~ absolutely, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculating the federal estate tax, except that such amount shall be calculated without regard to the augmenting of my taxable estate by reason ofgeneration-skipping transfers and without regard for any credit for state death taxes that would not otherwise be payable. Accordingly, I direct that: A. If the marital deduction or any similar benefit is allowable with respect to any property, including property held by entireties, which my wife has received prior to my death or at my death will receive otherwise that pursuant to this ITEM THIRD, the value of such property shall be taken into consideration in calculating the size of the gift under this ITEM THIRD. B. No property ineligible for the marital deduction or any similar benefit shall be distributed to this gift for my wife, MARY LEE SMITH, pursuant to this ITEM THIRD. C. Either cash or investments or both may be allocated to the gift under this ITEM THIRD. D. Any property allocated under this ITEM THIRD in kind shall be valued at the value at which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. 1. My residence at 1781 North Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, together with any insurance policies on such real property, to my daughter, NADINE ANN GRAVER, if such residence is still owned by me at the time of my death. If my daughter, NADINE ANN GRAVER does not survive me, then my residence shall be sold and the proceeds shall be added to and distributed as part of the residue under Subpazagraph D. 4 below. 2. The sum of One Hundred Thousand ($100,000.00) Dollars to my daughter, ELLEN F. SMITH NEBRE, if the distribution of my residence to my daughter, NADINE ANN GRAVER, under Subpazagraph D. 1 is completed. 3. The sum of One Hundred Thousand ($100,000.00) Dollars to my daughter, JANICE L. LeCLAINCHE, if the distribution of my residence to my daughter, NADINE ANN GRAVER, under Subpazagraph D. 1 is completed. 4. The remaining trust property shall be divided into as many shazes as shall be necessary to create one equal share for each of my then living daughters, and one equal shaze for each of my deceased daughters who has then living descendants. The shaze of each of my daughters shall be distributed as follows: a. Distribution of the Trust Shaze for NADINE ANN GRAVER. The Trust Shaze for NADINE ANN GRAVER shall be distributed to her outright if she survives me. If my daughter, NADINE ANN GRAVER, does not survive me, her Trust Share shall be held IN TRUST for her son, PHILIP MISTRETTA IV, and administered and distributed as follows: 1. Distributions of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of PHILIP MISTRETTA, IV as much of the net income from his trust share as my Trustee deems advisable for the health, education and maintenance of PHILIP MISTRETTA, IV. Any net income not distributed shall be added to principal and held under the provisions that follow. 2. Distributions of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, PHILIP MISTRETTA, IV as much of the principal from his trust share as my Trustee deems advisable for the health, education and maintenance of PHILIP MISTRETTA, IV. 3. Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to PHILIl' MISTRETTA, IV, it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to PHILIP MISTRETTA, IV for: The purchase of a residence. The purchase, establishment, or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in the best interests of PHILIP MISTRETTA, IV. ._ _ ~--~ ~!/ In making discretionary distributions to PHILIP MISTRETTA, N, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to PHII,IP MISTRETTA, IV, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of PHILIP MISTRETTA, IV prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to PHILIP MISTRETTA, N, remind him of the long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to PHILIP MISTRETTA, N, remind him of any long- term advantages of retaining assets in his trust share. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my grandchild. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, that letter which is last dated shall control as to those provisions which are in conflict. 4. Distribution on the Death of PHILIP MISTRETTA N PHILIP MISTRETTA, N shall have the limited testamentary power to appoint to or for the benefit of his descendants the entire principal and any accrued and undistributed net income of his trust share as it exists at his death. \ ~ ;; . -~ PHILIP MISTRETTA, IV shall exercise this limited power of appointment by a valid last will and testament, a valid living trust agreement, or any other notarized written instrument signed by PHILIP MISTRETTA, N. In exercising this limited power of appointment, PHII,IP MISTRETTA, N shall specifically refer to this power. PHILIP MISTRETTA, IV shall have the sole and exclusive right to exercise this limited power of appointment. PHII,IP MISTRETTA, IV may make distributions among his descendants in equal or unequal amounts, and on such terms and conditions, either outright or in trust, as he shall determine. To the extent this limited power of appointment is not exercised, my Trustee shall distribute the remaining trust property to the then living descendants of PHII,IP MISTRETTA, N, per stirpes. If PHII,II' MISTRETTA, N has no then living descendants, my Trustee shall distribute the balance of the trust property to my then living descendants, per stirpes. This power shall not be exercised in favor of my grandson's estate, the creditors of my grandson's estate, or in any manner which would result in any economic benefit to my grandson. b. Distribution of the Trust Share for JANICE L. LeCLAINCHE. The Trust Share for JANICE L. LeCLAINCHE shall be distributed to her outright if she survives me. If my daughter, JAIVICE L. LeCLAINCHE, does not survive me, her Trust Share shall be held IN SEPARATE TRUSTS for each of her children, and administered and distributed as follows: 1. Distributions of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of each child of JANICE L. LeCLAINCHE as much of the net income from his or her trust share as my Trustee deems advisable for the health, education and maintenance of each child of JANICE L. LeCLAINCHE. Any net income not distributed shall be added to principal and held under the provisions that follow. 2. Distributions of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of each child of JANICE L. LeCLAINCHE as much of the principal from his or her trust share as my Trustee deems advisable for the health, education and maintenance of each child of JANICE L. LeCLAINCHE. 3. Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to the children of JANICE L. LeCLAINCHE, it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to the children of JANICE L. LeCLAINCHE for: The purchase of a residence. The purchase, establishment, or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in the best interests of the children of JANICE L. LeCLAINCHE. In making discretionary distributions to the children of JANICE L. LeCLAINCHE, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to the children of JANICE L. LeCLAINCHE, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of the children of JANICE L. LeCLAINCHE prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to the children of JANICE L. LeCLAINCHE, remind them of the long- term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to the children of JANICE L. LeCLAINCHE, remind them of any long-term advantages of retaining assets in their trust share. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my grandchildren. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, that letter which is last dated shall control as to those provisions which are in conflict. 4. Termination of Trust. When a child of JANICE L. LeCLAINCHE attains the age of twenty-five (25) years, my Trustee shall distribute the entire balance of his or her trust to said child, and such trust shall terminate. 5. Distribution on the Death of a child of JANICE L. LeCLAINCHE. Each child of JANICE L. LeCLAINCHE shall have the limited testamentary power to appoint to or for the benefit of his or her descendants the entire principal and any accrued and undistributed net income of his or her trust share as it exists at his or her death. Each child of JANICE L. LeCLAINCHE shall exercise this limited power of appointment by a valid last will and testament, a valid living trust agreement, or any other notarized written instrument signed by such child of JANICE L. LeCLAINCHE. In exercising this limited power of appointment, each child of JANICE L. LeCLAINCHE shall specifically refer to this power. Each child of JANICE L. LeCLAINCHE shall have the sole and exclusive right to exercise this limited power of appointment. Each child of JANICE L. LeCLAINCHE may make distributions among his or her descendants in equal or unequal amounts, and on such terms and conditions, either outright or in trust, as he or she shall determine. To the extent this limited power of appointment is not exercised, my Trustee shall distribute the remaining trust property to the then living descendants of such child of JANICE L. LeCLAINCHE, per stirpes. If a child of JANICE L. LeCLAINCHE has no then living descendants, my Trustee shall distribute the balance of his or her trust property to my then living descendants, per stirpes. This power shall not be exercised in favor of my grandchildren's estates, the creditors of my grandchildren's estate, or in any manner which would result in any economic benefit to my grandchildren. ~, io Distribution of the Trust Share for ELLEN F. SMITH NEBRE. The Trust Share for ELLEN F. SMITH NEBRE shall be distributed to her outright if she survives me. If my daughter, ELLEN F. SMITH NEBRE, does not survive me, her Trust Share shall be held IN TRUST for her children, and administered and distributed as follows: 1. Distributions of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of each child of ELLEN F. SMITH NEBRE as much of the net income from his or her trust share as my Trustee deems advisable for the health, education and maintenance of each child of ELLEN F. SMITH NEBRE. Any net income not distributed shall be added to principal and held under the provisions that follow. 2. Distributions of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of each child of ELLEN F. SMITH NEBRE as much of the principal from his or her trust share as my Trustee deems advisable for the health, education-and maintenance of each child of ELLEN F. SMITH NEBRE. 3. Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to the children of ELLEN F. SMITH NEBRE, it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to the children of ELLEN F. SMITH NEBRE for: The purchase of a residence. The purchase, establishment, or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in the best interests of the children of ELLEN F. SMITH NEBRE. In making discretionary distributions to the children of ELLEN F. SMITH NEBRE, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to the children of ELLEN F. SMITH NEBRE, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of the children of ELLEN F. SMITH NEBRE prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to the children of ELLEN F. SMITH NEBRE, remind him of the long- term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to the children of ELLEN F. SMITH NEBRE, remind them of any long-term advantages of retaining assets in his trust share. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my grandchildren. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. ~__. - , ~'n~.~~ ~ • u~~r~ 12 If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, that letter which is last dated shall control as to those provisions which are in conflict. 4. Termination of Trust. When a child of ELLEN F. SMITH NEBRE attains the age of twenty-five (25) years, my Trustee shall distribute the entire balance of his or her trust to said child, and such trust shall terminate 5. Distribution on the Death of a child of ELLEN F. SMITH NEBRE. Each child of ELLEN F. SMITH NEBRE shall have the limited testamentary power to appoint to or for the benefit of his or her descendants the entire principal and any accrued and undistributed net income of his or her trust share as it exists at his or her death. Each child of ELLEN F. SMITH NEBRE shall exercise this limited power of appointment by a valid last will and testament, a valid living trust agreement, or any other notarized written instrument signed by such child of ELLEN F. SMITH NEBRE. In exercising this limited power of appointment, each child of ELLEN F. SMITH NEBRE shall specifically refer to this power. Each child of ELLEN F. SMITH NEBRE shall have the sole and exclusive right to exercise this limited power of appointment. Each child of ELLEN F. SMITH NEBRE may make distributions among his or her descendants in equal or unequal amounts, and on such terms and conditions, either outright or in trust, as he or she shall determine. To the extent this limited power of appointment is not exercised, my Trustee shall distribute the remaining trust property to the then living descendants of such child of ELLEN F. SMITH NEBRE, per stirpes. L . e~,~`L~2r~ C.~ ~~ ~ ~,~ 13 If a child of ELLEN F. SMITH NEBRE has no then living descendants, my Trustee shall distribute the balance of his or her trust property to my then living descendants, per stirpes. This power shall not be exercised in favor of my grandchildren's estate, the creditors of my grandchildren's estate, or in any manner which would result in any economic benefit to my grandchildren. FIFTH: All federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate under ITEM FOURTH without apportionment of right of reimbursement. All such taxes on present or future interest shall be paid at such time or times as my executor or my Trustee may think proper, regardless of whether such taxes are then due. SIXTH: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. SEVENTH: I hereby nominate, constitute, and appoint my wife, MARY LEE SMITH, as Executor of this, my Last Will and Testament. In the event that my wife, MARY LEE SMITH shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint my daughter, JANICE L. LeCLAINCHE, without the necessity for posting security regardless of state of residence as Executor of this, my Last Will and Testament. All references to the Executor herein shall be applicable to said substitute Executor. EIGHTH: I hereby nominate, constitute and appoint my daughter, ELLEN F. SMITH NEBRE, as Trustee of the trusts created by this, my Last Will and Testament without the necessity for posting security regardless of state of residence. In the event that my daughter, ELLEN F. SMITH NEBRE, is unable or unwilling to act as Trustee, then I nominate, constitute and appoint my daughter, JANICE L. LeCLAINCHE as Trustee. NINTH: My Executor and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, transfer, partition, give options upon, lease, mortgage, pledge or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor and Trustee shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor or Trustee shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executor or Trustee. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor or Trustee may deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such. property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to my Executor or Trustee as owner of any securities constituting a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensations to Executor or Trustee which shall be in accordance with established fees throughout the period of administration of my estate. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be fmal; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor or Trustee may determine. The Executor and Trustee may make payments to or on behalf of any person who is the beneficiary hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as they shall deem best. =~ .. .~. 16 ,~ 12. To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. TENTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, FRANCIS B. SMITH, the Testator to this, my Last Will and Testament, typewritten on 18 sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the 18 day of 2003. Z7~ c_CM~~12 FRA CIS B. SMITH The preceding instrument consisting of this and seventeen other typewritten pages, each identified by the signature of the Testator, FRANCIS B. SMITH, this day and date thereof signed, published and declared by FRANCIS B. SMITH, the Testator therein named, as and for his Last Will, in the presence of us who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses. ~. ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, FRANCIS B. SMITH., Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. F CIS B. SMITH Sworn or affirmed to and acknowledged before me by FRANCIS B. SMITH, Testator, the ~~~` day of ~C~?l~it , 2003. ~~ (SEAL) Notary_Public __. ~_..__ r _.~,._ Notarial Seal Michael Cherewka, Notary Public Wormleysburg Boro, Cumberland County My Commissian Expires Feb. 5, 2005 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Member, Penns:+~ ,- ~+~-saociati~n of Notaries We 1..~.s~,~. ~ ~--~c~ca.., - and Di-~NE m. ~ ~~K~~nis , the witnesses whose names aze signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more yeazs of age, of sound mind and under no constraint or undue influence. ~~ ~~ ~, ' Sworn or affirmed to and subscribed to before me by ),.~<~I ~ ~., ~; L-~.~ c.11... and ~ ~ A ~ E /yl . ~U 1 ~-i NS witnesses, this /8'~' day of ~~,.~~ , 2003. (SEAL) /~~,~c~e~ ~ ~~_ Notary P Notarial Seal Michael Cherewka, Notary Public 18 Wormleysburg Boro, Cumberland County My Commission Expires Feb. 5, 2005 Member, Penn~~r~:~;-.r,~::; ,~~>;,r~aatlon of Notanes rv _ ° ~ f RENUNCIATION n ~ . . ~ ~« ~~ ~ ('7"€ i'Ti ~"} r-~ REGISTER OF WILLS ~ ~ ~,; tu3 ' ~urvd-Cr~a~uG~ COUNTY, PENNSYLVANIA ~ _ --'- ~~ • ~' `[} N . r "' r= o-g,,.,, rye Estate of ~rd ~~~ p ~ ~r`"" -t-H ,Deceased I, ,~~~ I e nl lV ~br'i; , in my capacity/relationship as (Print Name) V~ ,o j,.~,~ of the above Decedent, hereby renounce the right to administer the Estate of the Dec~eydent and respectfully request that Letters be issued to ~a~~,Je~ ~nn C~a/-e-tz- ~ 0 8" (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills Fam RW-06 rev. 10.!3.06 (Signature) ! 1 ~ ~ 1W~~~- P~ ~I ~ (Street AQQddress) (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this 2'`~ ~ day of _~~J ~ Zv0 f Notary Public V My Commission Expires: 5 ~ ~ a/ } (Signature and Seal of Notary or other official quali5ed to administer oaths. Show date of expiration of Notary's Commission.) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Debra A. Evangelisti, Notary Public Susquehanna Township, Dauphin County commission ex ' Ma 07, 2012 RENUNCIATION REGISTER OF WILLS C Uwe bt r~ a tv ~ COUNTY, PENNSYLVANIA -O~-D rv "+ ~, -v ~ -~ ~a c,„ ` i c:~ ~~ ~yry -v -{T, =r ~ -~~ ~ r' ~' Estate of ~r A n ~.I A d ~ ~'-'~ t '~'~ , Deceased I, ~ /t X11 i e i/ ~ - ~-~e-C~<x 1 v~ c.~ e~ in my capacity/relationship as (Print Name ~~~ 4 ~,(~~ ~~ ~e ~ ~'v~-t~-/ of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Nadtne. ~ a~J ~' raJe-~ q x o S' (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills Form RW-06 rev. 10.13.06 ~G~-~ Zi~~ L~ ignature) (Street Address) ~f~ -~ ~ s ity S te, zip) i l Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciat~n for the purpose stated within on this Z "` day of-~m~`°'c~ ~ ooh ~~~ p~.~-~ ~I~d~ Notary Public ~ ~~/ My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) ~pMMONWF,ALTH OF PENNSYLVANIA NOTARIAL SEAL Debra A. Evangelisti, Notary Public Snaquehaana Township, Dauphin Couaty ~tnI3S10II CX 1rCS Ma ~~. ZOt2