The URL can be used to link to this page

Home My WebLink About09-18-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Francis A. Rishar File Number 21-- also known as Frank Rishar Deceased Social Security Number 210-44-6818 Elizabeth R. Vogel Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `B' BELOW.) QX A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent, dated 01/1012008 and codicil(s) dated State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: IB, Grant of Letters of Administration app ica e, en er: c..a.; .n.c..a.; n e i e; uran e a sen ia; uran a moron a e Petitioner(ss) 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. ord.b.n.c.t.a., enter date of wll in Section A above and complete list of heirs.) Name Relationship Residence O r~ ,~ ~ cn J~ rn ~= ~ ~ ? ~ ~ --. - . J ~-i (COMPLE=TE IN ALL CASES.) Attach additional sheets if necessary. -~ ~ . T' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at -~ 106 Boyer Street, Summerdale, East Pennsboro, Cumberland, PA 17093 (List street address, town/city, township, county, state, zip code) Decedent, then $5 years of age, died on 0 811 212 0 0 8 at 106 Boyer Street, Summerdale, Cumberland County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) VaVue of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County situated as follows: 106 Boyer Street, Summerdale, Cumberland County, PA $ 175,000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: C Signature Typed or printed name and residence r ~ Elizabeth R. Vogel 105 Shirley Drive ~/1~~~~ ,~ ~ /1 Middletown, PA 17057 f/~, 4 717-939-0896 Formes- -t) Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 A COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS 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 affir!?tadfa~nd subscribed before me this w day of ~n~r- ~~~ ~~ For the Register ..-- ~ C- ~"j c -~:~3 Signature of Personal Representative ~ - _ i -7 ---. - Signature of Personal Representative :, ~ >~ t -~ _~ --t File Number: 21 __ ~~ ~~~ Estate of A!K/A Francis A. Rishar AfK/q crank Rishar Deceased Social Security Number: 210-44-6818 Date of Death: 08/12/2008 AND NOW, r ~ Q~ ~ 0>~lJ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before~me, IT IS DECREED that Letters Testamentary are hereby granted to Elizabeth R. Vogel and that the instruments dated in the above estate (> 01 /10/2008 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............. ~.7`S. ,,C~ ~ $ a~.0 ~ ............. Short Certificate(s)...........~,....,... $ ~ Cp Renunciation(s) ............................. $ -~~~ $ io _ ~-~ $ s $ $ $ $ $ TOTAL .................................. $ `~~I„c'c Atti Hrrorney Name: Amy M. Moya Supreme Court I.D. No.: 91402 Law Offices of Susan E. Lederer Address: 4811 Jonestown Road, Ste 226 Harrisburg, PA 17109 Telephone: 717/652-7323 Form RW-02 Re~_ ~o-~s-2oos Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 IIOS.80i RYV (01/07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P X4542687 Certification Number REV 1112006 PRINT IN 9ANENT ,K INK This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~,., O`er AUG 1 4 2008 ocal Re istrar Date Issued r•.a C7 `~ C __. ~ ~ ~ .~~n "~U -~ r-- ~~ ~ -.- ~ ~ ;, tD .r"; D _, . COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH ($@2 Iy1S[IUCt1017S 8y1f1 0%StilplE`S 017 IEV@fS01 _____ _. _ 1. Name of Decedent (First, midtlie. last, suffix) F r a ne i s A R i s h a r 2. Sex 3. Social Security Numher 4. Date of Death (Month, tlay, ear) . Male 210_ 44- 6818 August 1~, 2008 5 Age (Last B'mntlay) Under 1 year UrMer 1 day 6. Date of Binh (Month, day, year) 7. BiMplaca (City antl state or forego country) Ba. Place of Death (Check only one) 55 '"'""'° °ay' "°'"' '"`"1B6 2/2/53 Harrisburg, PA : °"~" Yrs. ^ Inpatient ^ ER / Outpatient ^ DOA ^ Nursing Home [Residence ^Other ~ Specity: Bb. County of Death 8c. City, Boro, Trop, of Death ed, Fadliry Name (If not institutlon, give street arts number) 9. Was Decedent of Hispenk Ongin7 ~ No ^Yes 10. Race: American Indian, Black White etc Cumberland East Pennsboro , , . 106 Boyer St. Ufyas,spedyCwan' (SpQC1M(nJ]Zit2 Mexican, Pueno Rican, etc.) ti. DecedenYS Usual lion Hind of roots done duns moss o/ workin k7e. Do rql sbie retired 72. Wes Decedent ever in the 13. beredent's Educatbn (Specfy only highest grade completetl) td. Marital Status Martietl, Never Marred. 15. Surviving Spouse {If wife give maiden name) Klyd of Work Kind of Business I Industry , U.S. Amretl Fomes? Elementary! Secondary (0-12 College (1-4 or 6+) Widowed, DNOrced (Speciyl ) _ ^Yaa pG~ U NK Never Married 16. DecedenYS Mailing Address (Street, coy /lawn, state, zip cotle) 106 Boyer St. Decedent's Did Decedent AdualResidence f7a.Slale Pennsylvania ^vaina „c.~lyesDerxaerauvedm East Pennsboro Summerdale, PA 17093 T Township? w0. ,7b.ca,nry Cumberland 17d.^No,DecedeniLivedwkhin Actual Umits of Cily I Born 18. Father's Name (First, middle, lest, sufix) A n t h o n B . R i s h a r Y 19. Mother's Name (First, middle, maiden surname) Elizabeth R. Brown 20a. InlormanYS Name (Type! PrstQ ge t s y V o ge 1 20h. Iniortnam's Meikng Address (Street, city /town, state, zip coda) 105 Shirley Dr. Middletown, PA 17057 21 a. McMOtl of Dispositkn ^ Cremation ^ Donation 210. Date of Disposition (Monts, day, year] 21c. Place of Disposition (Name of cemetery crematory or oMer place) 27d. Laatien (Crty /town, state, zip code) ® Burial ^ RemovalfromState i WasCremebonorDOnatfonAuMor¢M ^ Other - Spadly: ~~, by Medkal Examiner I Coroner? ^Yes ^ No 8/18/08 Rolling Green Memorial Pk. Camp Hill, PA 22a. Signature Funeral wind'+_icensae gr person a gas ~ - ~; - - ~ ;t-~ 22b. License NumOer FD014993 22c. Name aM Address of Facility u 1 V a n u ne r a e ~ , 51 N. Enola Dr, Enola, PA 17025 Complete Ite 23a< onry when cenirying ' 23a. 7o the best of my knowledge, occurred ai Me fine, dale M place srafed. (Signature artd title) 23b. license Number 23c. Date Signed (Month, day, year) t available at time of death to physidan cenity cause of death. .. R N 5~ 1~ f~ L; L. (~ ~I ~ k.,.st ~ a , a c~e8 Items 2M26 must be wmpletetl by person 2<. Time of Deam 26. to P Deed (Month, day, year) 26. Was Case Referred to Medkal Examiner /Coroner for a Reason Other than Cremation or Donation? //''~~/h~ cats pronounces cleats. .~ M. u 5~ I~r,~Wg ^Yes [~No CAUSE OF DEATH (See Instructions antl examples) r Approximate interval: Item 27. Pad I: Enter Me chain o15YED4Y -diseases, Mjunes, a compkcations -that directly cauvetl Me death. W NOT enter terminal events such as cardiac arrest, r Onset to DeaM Pan II: Enter other y'mihcaal conditions comdbu0no t death, 20. Did Tobacco Use Contribute to Death? but rot resukin in the uncle i cause 9 rty ng given in Pan I ^Yes ^ Pmbahly respiratory arrest, a venldalar fibnBatlon without showing the etblogy. Usl oMy one rouse on eats line. r . ~ ^ No ^ Unknown IMMEDIATE CAUSE IFinal disease or de ~~r, ~ candaion resukkrg in alhl _~ a. ~ 1 ~ ~ 29. It Female: Due to or s a m quanta o p r Se ueMialry list card'tions ii an `~ ~ ~ ~1~~ ^ Not pregnant wxhin past year ^ P q A , ty ~ , y, b _ /~ ,~ leadxg to the cause FsteO on kne a. 71 Enter the UNDERLYING CAUSE Due to (or as a conseque oq: r r regnant al time of death ^ Not Pregnant, bu( pregnant within 42 days (disease or Maury that irxtialad dre c r e ents re kin in tl ath) LAST of tleath v su g e . Due to or as a con /) ~ ( sequenca o ~ ~ but pregnant d3 days N 1 year n ^ ~ r d. belo e de eth ^ Unknown it pregnant within the past year 30a. Was an ANOpsy Pedomred? 30b. Were Autopsy Flrxkngs AvaiWNe Prior to Completion 31. Mannar of DeaM 32a. Date of Injury (Month, day, year) 32b, DescnOe How Injury Occurted ~ 32c. Piece of Inryry: Home, Farts, Street, Factory. urai ^ Homkide ORice BuiMMg, etc. (Specify) of Cause of Death? ^ Yes ~}•NO ^Yes ^ No ^ went ^ Pendktg InvesOgetion 32d, lime of mryry 32e. Maury at Work? 321. If Transpogelion Inju7 (SAe~N) 32g. location of Injury (Street city I town, stale) /~ ^ Suidde ^ Could Not be Detemdned ^ Ves ^ No ^ Dover / Operator ^ Passenger ^Petlestnan M OMer ~ Spsrily 33a. Cenifrer (Check tiny one) 33b, Signature antl T ~ kr • CMitying physiden (inysidan cedirying cause of tleaM when another pnysx:ian nos pronounced death and completed item 23) To the best of my knowledge, tleath occurred due to Ne reuse(s) and manner es sleted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ r ~• • Pronouncing and candying physician (Pnysidan both pronouncing death and ceMrying to cause of tleaM) To the b st of m kno led e ath red t the ti d d t l d tl d h ^ 33c. License Number 33d. Dale Sgned (Monts, day, year) y g , e w e occur a me, e, an ace, an ue to t a e cause(s) aM manner as sfated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D • Metlical Examirror I C<xoner ~ p 03S r~ z-- ~. e- I3 v8 On the basis of examination and / or investigation, in my opinion, death occurred at the time, date, arts place, and due to me cause(s) and manner as stated_ ^ 34 Name Add s of Pe n Wtw Complet Cause of Death Utem 27) Type I Print ~ ~ ~ 35. Registrar's S' re end•Distdct ,,,. ~j 36. le il ed (M th, y, year) n ~l ~~ ~ ~ ` ~ ma _. ... _ ..... Ur~'~ x~"1 ~~ Last 11Viii and Testament of Francis A. Rishar I, Francis A Rishar, a resident of Summerdale, Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Last Will and Testament. Article One Family Information I have made provision for the following individuals in my will: Name Elizabeth R. Vogel Patricia A. Weigel Margueritte H. Kling Christiana Helman Article Two My Residuary Estate Sacti~:*. 2.~? asfir~~tl~r of My~'Ras;~;~sa~~ Estata Relationship sister sister sister sister c~ '=' r .__--~ __. L/ c;-a C:T..a 7 ~~ ~~~ ~ _ - !,"" y; I _ ' (~1'I CT) - t ~ ~r7 _ _ ~. >C~ _.J~_ __.,,. _ - _ _ i `~ ~? ~ - ' y ' . f-- ;,, ;~ -; All the remainder of my estate shall be referred to in my will as my "residuary estate." Page 1 Section 2.02 Disposition of My Residuary Estate My Executor shall divide my residuary estate into shares as follows: Name Relationship Share Elizabeth R. Vogel sister 25% Patricia A. Weigel sister 25% Margueritte H. Kling sister 25% Christiana Helman sister 25% I give each share to the beneficiary outright. If a beneficiary is deceased, I give the share to the other beneficiaries pro rata. If there are no other beneficiaries my Executor shall distribute the share as provided in Article Three entitled "Remote Contingent Distribution." Article Three Remote Contingent Distribution If, at any time, there is no person or entity qualified to receive final distribution of my estate or any part of it, then the portion of my estate with respect to which the failure of qualified recipients has occurred shall be distributed to those persons who would inherit it had I then died intestate owning the property, as determined and in the proportions provided by the laws of Pennsylvania then in effect. Arti~~2 ~t'il7r Designation of Executor Section 4.01 Executor I name Elizabeth R. Vogel as my Executor. If Elizabeth R. Vogel fails or ceases to act as my Executor, I name Margueritte H. Kling as my Executor. Page 2 Article Five General Administrative Provisions The provisions of this Article apply to my probate estate. Section 5.01 No Bond No Fiduciary shall be required to furnish any bond for the faithful performance of the Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be required on such bond. Section 5.02 Fiduciary Compensation An individual serving as my Fiduciary shall be entitled to fair and reasonable compensation for the services rendered as a fiduciary. A corporate fiduciary shall be compensated by agreement with an individual Fiduciary or, in the absence of an individual Fiduciary or in the absence of an agreement, in accordance with the corporate fiduciary's published schedule of fees in effect at the time the services are rendered. My Fiduciary may charge additional fees for services it provides that are not comprised within its duties as my Fiduciary such as fees for legal services, tax return preparation and corporate finance or investment banking services. In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under my will. Section 5.03 Determination of Principal and Income The Pennsylvania Principal and Income Act shall govern beneficiaries' rights among themselves in matters concerning principal and income. If the Pennsylvania Principal and Income Act contains no provision concerning a particular item, my Fiduciary shall determine in a fair, equitable and practical manner what shall be credited, charged, and apportioned between principal and income. Section 5.04 Distributions to Incapacitated Persons and Persons Under Twenty-One Years of Age If my Executor is directed to distribute any share of my probate estate to any beneficiary who is under the age of 21 years or is in the opinion of my Executor, under any form of incapacity that renders such beneficiary unable to administer distributions properly when the distribution is to be made, my Executor may, as Trustee, in my Executor's discretion, continue to hold such beneficiary's share as a separate trust until the beneficiary reaches the age of 21 or overcomes the incapacity. My Executor shall then distribute such beneficiary's trust to him or her. Page 3 While any trust is being held under this Section, the Trustee shall pay to the beneficiary for whom the trust is held such amounts of the net income and principal as the fiduciary determines to be necessary or advisable for the beneficiary's health, education, maintenance and support. Upon the death of the beneficiary before that time, the Trustee shall distribute the trust, including any accrued and undistributed income, to the beneficiary's then living descendants, per stirpes, or, if none, to my then living siblings. If I have no then living siblings the property shall be distributed under the provisions of Article Three entitled "Remote Contingent Distribution." Section 5.05 Spendthrift Trust Provision This will, and all Trusts created hereunder, are intended to qualify as Spendthrift Trusts. In addition, all interests in this will, or in any Trust hereunder, are intended for the personal protection and welfare of Grantor's named beneficiaries, and no beneficiary shall be allowed to voluntarily or involuntarily assign or anticipate his or her interest in the income or principal of this will or any Trust hereunder, and no beneficiary's creditors, nor a spouse or former spouse of any beneficiary, shall be allowed to attach or otherwise reach any such interest before actual payment to the beneficiary. If any beneficiary shall become the subject of a judgment or court order, then during the period in which such judgment or court order remains in effect, such beneficiary shall only be permitted to receive distributions from any Trust created for the benefit of such beneficiary at the discretion of the Trustees. This limitation as to the right of a beneficiary to receive a distribution shall apply notwithstanding any provisions within the trust for such beneficiary which authorize distributions for the health, education, support or maintenance of such beneficiary. In addition, if any beneficiary shall become the subject of a judgment or court order, and such beneficiary is only entitled to discretionary distributions from a Trust created for their benefit, it shall not be an abuse of discretion by the Trustees to withhold distributions to such beneficiary while such judgment or court order is in effect. If the Trustees determine that a beneficiary would not benefit as greatly from any outright distribution of Trust income or principal because of the availability of the distribution to the beneficiary's creditors, the Trustees shall instead expend those amounts for the benefit of the beneficiary. This direction is intended to enable the Trustees to give the beneficiary the maximum possible benefit and enjoyment of all of the Trust income and principal to which the beneficiary is entitled. Nothing contained in this Section shall restrict in any way the exercise of any power of appointment granted in this agreement. Page 4 Section 5.06 Representative of a Beneficiary The guardian of the person of a beneficiary may act for such beneficiary for all purposes under my will or may receive information on behalf of such beneficiary. Section 5.07 Ancillary Administration In the event ancillary administration shall be required or desired and my domiciliary Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may be either a natural person or a corporation. My domiciliary Executor may delegate to such ancillary fiduciary such powers granted to my original Executor as my Executor may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary Executor. Section 5.08 Delegation of Authority; Power of Attorney Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right to exercise any power, including a discretionary power, granted the Fiduciary in my will. During the time a delegation under this Section is in effect, the Fiduciary to whom the delegation was made may exercise the power to the same extent as if the delegating Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary may revoke the delegation at any time by giving written notice to the Fiduciary to whom the power was delegated. The Fiduciary may execute and deliver a revocable or irrevocable power of attorney appointing any individual or corporation to transact any and all business on behalf of the trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that the Fiduciary could have exercised. Section 5.09 Merger of Corporate Fiduciary If any corporate fiduciary acting as my Fiduciary under my will is merged with or transfers substantially all of its trust assets to another corporation or if a corporate fiduciary changes its name, the successor shall automatically succeed to the position of my Fiduciary as if originally named my Fiduciary. No document of acceptance of the position of my Fiduciary shall be required. Page 5 Article Six Powers of My Fiduciaries Section 6.01 Grant of Powers My Fiduciaries may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my Fiduciaries may exercise the following powers: They may hold, retain, invest, reinvest and manage real or personal property, including interests in any form of business entity including but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. They may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. They may hold in nominee form, continue businesses, carry out agreements, and deal with themselves, other Fiduciaries and business organizations in which my fiduciaries may have an interest. They may establish reserves, release powers, and abandon, settle or contest claims. They may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Section 6.02 Fiduciaries' Powers Act In addition to all of the above powers, my fiduciaries may, without prior authority from any court, exercise all powers conferred by my will or by common law or by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by my will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Page 6 Section 6.03 Alternative Distribution Methods My Fiduciary may make any payment provided for under my will as follows: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under a disability; To the beneficiary's guardian, conservator, agent under a durable power of attorney or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses, made in a manner consistent with the proper exercise of the fiduciary's duties hereunder. A receipt by the recipient for any such distribution shall fully discharge my Fiduciary. Article Seven Provisions for Payment of Debts, Expenses and Taxes Section 7.01 Payment of Debts and Expenses I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death unless I have specifically directed that a devisee of a bequest of specific property take the specific property subject to all liens and encumbrances. If I have directed that a devisee take property subject to all liens and encumbrances, the devisee shall not be entitled to have the liens and encumbrances paid out of my estate. Section 7.02 No Apportionment Except as otherwise provided in this Article or elsewhere in my will, my Executor shall provide for payment of all estate, inheritance and succession taxes payable by reason of my death ("death taxes") from my residuary estate as an administrative expense without apportionment and shall not seek contribution toward or recovery of any death tax payments from any individual. Section 7.03 Property Passing Outside of My Will Except as to Qualified Retirement Benefits, death taxes imposed with respect to property included in my gross estate for purposes of computing the tax and passing other than by my will shall be apportioned among the persons and entities benefited in the proportion that the taxable value of the property or interest bears to the total taxable value of the property and interests received by all persons benefited. The values as finally determined Page 7 in the respective tax proceedings shall be the values used for the apportionment of the respective taxes. Section 7.04 Tax Elections In exercising any permitted elections regarding taxes, my fiduciaries may make such decisions as they deem to be appropriate in all the circumstances and my fiduciaries shall be under no duty to make any compensatory adjustment as a consequence of any such election. My Executor may also pay such taxes or interest and deal with any tax refunds, interest, or credits as it shall deem necessary or advisable in the interest of my estate. Article Eight Definitions and General Provisions Section 8.01 Definitions For purposes of my will and for the purposes of any trust established under my will, the following definitions shall apply: (a) Adopted and Afterborn Persons A legally adopted person in any generation and his or her descendants, including adopted descendants, shall have the same rights and shall be treated in the same manner under my will as natural children of the adopting parent, provided such person is legally adopted prior to attaining the age of 18 years. A person shall be deemed to be legally adopted if the adoption was legal in the jurisdiction in which it occurred at the time that it occurred. (b) Descendants The term "descendants" shall include a person's lineal descendants of all generations. (c) Fiduciary My "Fiduciary" or "Fiduciaries" shall refer to my Executor. My "Executor" shall include any executor, ancillary executor, administrator, or ancillary administrator, whether local or foreign and whether of all or part of my estate, multiple Executors, and their successors. Page 8 (d) Legal Representative As used in my will, the term "legal representative" means a person's guardian, conservator, Executor, executor, administrator, Trustee, or any other person or entity personally representing a person or the person's estate. (e) Per Stirpes Whenever a distribution is to be made to a person's descendants per stirpes, the distribution shall be divided into as many shares as there are then living children of such person and deceased children of such person who left then living descendants. Each then living child shall receive one share and the share of each deceased child shall be divided among such child's then living descendants in the same manner. (f) Primary Beneficiary The primary beneficiary of a trust created under this agreement is the oldest income beneficiary of that trust unless some other individual is specifically designated as the primary beneficiary of that separate trust. (g) Shall and May Unless otherwise specifically provided in my will or by the context in which used, I use the word "shall" in my will to command, direct or require, and the word "may" to allow or permit, but not require. In the context of my Trustee, when I use the word "may" I intend that my Trustee may act in its sole and absolute discretion unless otherwise stated in my will. (h) Other Definitions Except as otherwise provided in my will, terms shall be as defined under Pennsylvania law. Section 8.02 Survivorship Presumption If any beneficiary shall be living at my death, but die within 30 days thereafter, then such beneficiary shall be deemed to have predeceased me for all purposes of my will. Section 8.03 General Provisions The following general provisions and rules of construction shall apply to my will: Page 9 (a) Singular and Plural; Gender Unless the context requires otherwise, words denoting the singular may be construed as plural and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is appropriate within the context. The word "or" when used in a list of more than two items may function as both a conjunction and a disjunction as the context requires or permits. (b) Headings of Articles, Sections, and Subsections The headings of Articles, Sections, and subsections used within my will are included solely for the convenience and reference of the reader. They shall have no significance in the interpretation or construction of my will. (c) Governing State Law My will shall be governed, construed and administered according to the laws of Pennsylvania as from time to time amended. Questions of administration of any trust established under my will shall be determined by the laws of the situs of administration of such trust. (d) Notices Unless otherwise stated, whenever my will calls for notice, the notice shall be in writing and shall be personally delivered with proof of delivery, or mailed postage prepaid by certified mail, return receipt requested, to the last known address of the party requiring notice. Notice shall be effective on the date personally delivered or on the date of the return receipt. If a party giving notice does not receive the return receipt but has proof that he or she mailed the notice, notice shall be effective on the date it would normally have been received via certified mail. If notice is required to be given to a minor or incapacitated individual, notice shall be given to the parent or legal representative of the minor or incapacitated individual. (e) Severability The invalidity or unenforceability of any provision of my will shall not affect the validity or enforceability of any other provision of my will. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of my will shall be interpreted and construed as if any invalid provision had never been included in my will. Page 10 IN WITNESS WI-IEREOF, I, Francis A. Rishar, have hereunto made my mark opposite my name, which has been subscribed in my presence this 10th day of January, 2008 at Summerdale, Pennsylvania, declare this to be my Last Will and Testament. HIS ( )MARK .~ Name (ubscribi party) ~tanc~s ~ ~ ~~ ~ Sties Name (print) The above and foregoing Will of Francis A. Rishar was declared by Francis A. Rishar in our view and presence to be his Will and was subscribed in his presence, he did affix his mark, all of which took place in the presence of us, who thereupon at his request, in his presence, and in the presence of each other, subscribed our names as witnesses, and attested the due execution of the Will of Francis A. Rishar on this day, January 10, 2008. ~~~1'~U 1 ~j ~ residing at ~~ t''1 ~ `~~ ~• I~~.~ ~Q-~(v~e~ ~} ~ I~1O~5 ~:~ ~C '~r1~f~l-(~.C~ residing at u ~ ~~ ~vm men-~,l-e '~~}- ~ ~1~~13 Page 11 PENNSYLVANIA SELF PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Francis A. Rishar, the testator, made my mark opposite my name, which has been subscribed in my presence to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I made my mark which has been subscribed in my presence and executed the instrument as my Last Will; and that I made my mark willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Francis A. Rishar, the testator, this day, January 10, 2008. HIS ( )MARK ~ ) Nam (subs ing party} -~~Q.nC~ S ~. I~.~ S~t~ ~' Name (print) i` N tar Public CQMMONWEAt_TH OF PENNSYLVANIA Notarial Sea! Jacqueline M. Mindeck, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Oct. 25, 2010 Member, Pennsyi~ania Association of Notaries Page 12 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) We, (0;,~1 ~ ~~ 1 and ~ ~(~,~ 1 L, ~ rn~ the undersigned witnesses whose names are signed the attached or foregoing instrument, being duly qualified according to law, do hereby certify that Francis A. Rishar declared the foregoing instrument to be the Last Will and Testament of Francis A. Rishar, and, thereupon, after his name was subscribed in his presence, he did affix his mark, all of which took place in the presence of us, who thereupon at his request, in his presence, and in the presence of each other, subscribed our names as witnesses, believing him at all times herein mentioned to be 18 or more years of age, of sound mind, and under no constraints or undue influence. Witness Witness ota Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jacqueline M. Mindeck, Notary Public Lower Parton 7wp., Dauphin County My Commission Expires Oct. 25, 2010 Member, Pennsylvania Association of Notaries Page 13