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Home My WebLink About09-22-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of WILLIAM S. DAMS also known as COUNTY, PENNSYLVANIA File Number ~ \ ~~ Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. :Probate and.Grant of Letters Testamentary and aver that Petitioner(s) is /are the Ca - E x e «~,~ ~ named in the last Will of the Decedent dated ~~ itr n /`I and codicil(s) dated Z~ ~ d ,• ~ , / q Q Z "2. g- ~J'tq-rte ~ r~ q -~ ~ ~ Z 7_- (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: B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durante absentia, durante minoritate) Petitionet(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.) Decedent at death owned propeiTy vti:th estimated values as follows: (If domiciled. in PA) All personal property $ 10,000.00 (If not domiciled in PA) Personal properly in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Valt;e of real estate in Pennsylvania $ 200,000.00 situated as follows: 3620 LOGAN CT., Apt. 3C, CAMP HILL, PA 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: Si ature T d or tinted name and residence ALICE K. DAMS 3620 Logan Ct., Apt. 3C, Camp Hill, PA 17011 ,~/ r~ JAMES W. DAMS 285 Whissler Rd., Etters, PA 17319 Form RW-02 rev. 10.13.06 Page 1 Of 2 (COMPLETE INALL CASES:) Attach additional sheets if necessary. `- ~ J ~~~ ~ ~ Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal resldePpe,at 362010GAN CT. HAMPDEN TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA ) ~~~ -~~ ~-:" (List street address, town/city, townsh~, county, state, zip code) .~'~~- _ _ --! - , Decedent, then 82 years of age, died on AUG 7, 2008 at 3620 LOGAN CT., CAMP HII~ PA ~,.. , Oath of Personal Representative COIv1MONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirms} that the statements in the foregoing Petition are true and correct to the best of the ]rnowledge 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 ~..~-~.-~. ~ ~t JQJt~- Signature of Personal Representative b° ore me the ~~ day o _Sek4!!~ Signature of Personal Representative C'} ~__~j ~v `~~? C/a - ~~ ifs? For the Register Signature of Personal Representative ~ ~'-. `--" '17 , _ ,~- % rt N -_ ~_-3 J ~` _ ^~, ~f -) c~l \ o~ Oq ~; a. _; Y~~ ~ _ , File Number: «-~ •• Estate of WILLIAM S. DAMS Deceased W Social Security Number: 174-26-9968 Date of Death: August 7, 2008 AND NOW, ~I`(\'bl~ ~o~ , in consideration of the foregoing Petition, satisfactory proof having been presented beTyore me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to ALICE K. DAVIS and 7AME5 W. DAMS Letters ... ~.~.~1d00 . Short Certificate(s) .. 1~•SL .. . ... $ ~~ ... $ I~ ... $ _~0 ... $ S ... $ • • • $ Telephone: ... $ TOTAL ... , . x! ~~- in the above estate Camp Hill, PA 17011-4227 717-737-0464 Form RW-0.? rev. 10.13.06 P2ge 2, Of 2 ... $ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or affirni(s) that the statements in the foregoing Petition are True and con•ect to the best of the knowledge and belief of Petitioner(s) and that, as personal representatives} of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the _~ __ day/ of Personal Representative Signature of Personal Representative or the Register Signature ojPersonal Representative File Number: Estate of C-~ ~~ ~~ `7 `~ ca - --, - 'C7 ~- _ '. , ~ ~ ~ ;,:: N ~~--- --~ ~ ~- . '~ --~ ~ ~ ,Deceased `-'- .. ~' •y /f _ W ~ cunty Number: Date of Deatlr AND NOW, _~ having been presented before are ].~ereby granted to ,inconsideration of the foregoing Petiti ,satisfactory proof IS DECREED that Letters and drat the instrument(s) dated described in the Petition be admitted to probate and FEES Letters ............... $ Short Certificate(s) ........ $ Renunciation(s) .......... $ ... $ .$ .$ .$ .$ rn the above estate as the last Will (~u6Codicil(s)) of Decedent. Register of Wills At ney SignaturZ~ Attorney Name: \ Supreme Court LD. No.: Address: ~, . ... $ . ... $ ... $ TOTAk .............. $ Telephone: Form RW-Od rev. 10.13A6 Page 2 of 2 105.805 REV (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 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 Vita Records Office for permanent filing. P 14'S42~57 Certification Number LGnrt~ O~ G Q 20~C Local Registrar Date Issued -O_ REV nrzoo6 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS AANENTN CERTIFICATE OF DEATH ' ?~~ CK INK _ =.. _y r- (See instructions and examples on reverse) r,, I-r? r.~ 0 ,~ - cn -- t'~t - ) --i7 - _ _ __ __ .__ y . ,.. -__ 1. Name of Decedent (First, midcue, last suffix) 2. Sex 3. Soda( Security Number 4, Date ot•6da - M, tla , - William S. Davis Male 174 -26 ~ 9968 _ Au' 7 08 ~ B. Age (Last Binhtlay) Under 1 year Under 1 day 6. Date of Bidh (Month, tlay, year) 7. BiMplace (City antl state or loreign country) ea. Place of Deam (Check only one) _ ~ "i7 rronnw Days Ilwrs 4anwm Hospital. Other '-_. 82 Yra November 25 1925 Huntin don PA f g f ^ Inpatient ^ ER /Outpatient ^ DOA ^ Nur - ..J ~., ~= HoResidence h S ` Bb. County of Death &. City, Boro, Twp. of Death Btl. Facility Name (II not instbution, give street antl number) g. Was Decedent of Hispanic Origin? ~ No er p fy Vas 10 ce American IMlan, B(acly, White, etc. (If yes, specify Cuban, Cumberland Ham en 3620 Lo an Ct. Apt. 3C Meziran,PuartoRican,ek.) .~~/~ W White it. DecedenYS Usual Oa Ikrl Ksrd d work done most of INe. Do not sate reliretl 12. Wes Decedent ever in me 13. Decedent's Education (Spedfy only highest grade completed) 14. Mantel Status: Merited, Never Marred, 15. Surviving Spouse pl wAe, give maiden name) Kind of Work Kind of Busirwss I Industry US. Armed Forces? Elementary /Secondary (P/2) College (1 d or 5+) Widowed Divorrsd (Spedly) Sur eon Medical Geou Yea ^NO 5+ Married 16 D dent' iN M Add St b i ' Alice K, Ku kle . ece s a ng ress ( y I town, state, z reet c p code) Decedent s Did Decedent PA 3620 Loggan Ct. Apt. 3C Actual Residents f 7a. Slate Live in a 17c. Yes, Decedent Livetl In - Tpwnahip? (~ HamAden Twp ^ Hi l I PA 17011 Ne, Decedem Lwed aa 17b. County Cumber land t 7d. mm Actual Limits of Ciry /Boro 18. Famer's Name (First, mitldla, last, suffix) 19. Homer's Name jFirst middle, maiden surname) CI de W. Davis Elizabeth Stewart 20a. lnlormant's Name (Type / Pnnq 20b, Informant's Meiling Adtlreas (Street city I town, stale, tip wtle) Alice K. Davis 3620 Logan Ct. Apt. 3C Cam Hill PA 17011 21 a. Method of Disposition (~Crematian ^ Oonatkn 216. Date of Orsposgion (Month, day, year) 27c Place of Disp~ition (Name of cemetery, crematory or Deter place) 21tl. Location ICiry /sown, slate. zip wde) ^ Banal ^ Renvwel from State ;Wes Cremation a Donation Authorized ^ ~ ugus t 11 2008 Hol l in er Funeral Home & g Other - Specilyr i by Medical ExamMe ? [ Yes ^ ND ' ~ , M t . HO 11 S e In s PA 22a. S a of Funeral Servi arises rson such 22b. License Number 22c. Name aria Adtlreaa d FadldyM ers-H F l y amer unera Home Cortgfele Items 23ac only when ceaityrcg 23a. To the best of my knowledge, tlealh'eacprred al me Bete, dale and place stated. jSgnalure and title) 23b. License Number 23c Date Signed (Month tla e plrysidan n not avaNable at ome of deem to . , y, y ar) cemry cause of deem. Items 24-26 must ce completed by person 24_ Time of Deem 26. Date Pronounced Deed (Monet, day, year) 26. Was Case Referred to Medical Ezeminer I Coroner for a Reason Other Than Cremation or Donation? who pronounces death. 1:10 A M_ Au us t 7 2008 ^ Yea ~ No CAUSE OF DEATH (See inatructlona and examples) r Approximate interval) Item 27. Part I: Enter the pp3ill of events -diseases, injurbs, or CpmplkailOrlS -Thal direclry caused the death. DO NOT enter lennina(8venis such as cardiac anent r Orlsel fo Deam s a o i fibrill t i l i h R Pan II: Enter other sloryApnt co~wione mninhta~ne tc death, but not resulting m Ure underlying cause given in Part I. 2B. Did Tobacco Use Conlnbute to Death? ^ Yes ^ Probably gra rrant r ven r ar e ory w on w at hout s owing me etiology. List Dory one cause on each pre. r ~ IMMEDIATE CAUSE Final disease on ~ ^ No ^ Unknown rzmdhkn restating in ~'a C/V' JYZZ C (~ ~~.I~} G(~ fi,. L. t ~ 'J M ~r ~ eeih) -~ a 29. If Female. . Due to (or as a consequence op. ~ ^ Not pregnant wimin pass ear Y SequenaalN Nst conditions, it any, b, ~ vv C~ IL. M CL'Y'A S T A~ • ~ r leadi to mete cause Nsled an line a. ^ Pregnant at lime of death Emer the UNDERLYING CAUSE Due to (a as a consequence oQ: r r ' ^ Not pregnant. het pregnant wimin 42 tlays (disease or fnnt tury Nat inifiatetl Ue c of deem . i events resunmg m tleath) IASi. Due to for as a consequence oq' r ^ Na pregnant, but pregnant 43 days to 7 year d, ~ helore death ^ Unknown it pregnant wbhin the past year 30e. Wes an Autopsy Pedonned? 30b. Were Autopsy Findings 0.vaAaDle Prior k Completion 31. Manner of Death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury' Home, Farm, Street, Factory, of Cause d Deam? llpp11 rpi Natural ^ Homicide OBice Building, etc. (Sped ry) ^ Ves ®No ^ Yes ^ No ^ Acpdent ^ PeMirg Investigation 32d. Tme of Injury 32e. Injury at Wolk? 321. M Trenspodation Injury (Specify) 32g. Location of Injury (Steel dry l town. stale) ^ Suidde ^ Could NIX be Determined ^ Yes ^ No ^ Drrver /Operator ^ Passenger ^Pedestnan M. Omer - Spedty: 33a. Certifier (check Dory onej 33b. Signalurrkintl TNe of GertlAer . ~ . • Certifying physican (Physician cenilying cause of death when another physician has pronounced death and completed Item 23) \\ ~ ~^ f ,~ ^ To the beat of my knowledge, deem aceuned due to the cause(s) and manner ee sated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ' iL' - " ' • Pronouncing and rectifying phyakian (Physician born prorqundng deem arM cedif yrng b cause d death) To the heal of m knowletl death occurred at the time tlale y ge lere and end due to the cau e s) a d m n t t d ~ 33c. License r ; 33tl. Date Sgned ( onth, oa ear M y' ) ~ -~ , p , , , ( s a ner es a n e e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Medltxl Examiner 1 Coroner S J_ ~~ J ~% ~x ~~ (y ~ }! , / ~ `` On the basis of examination and / or Investigation, In my opinion, death occwred at the lima, date, and place, and due to the cause(s) and manner as elated- ^ 34 Name and Address of Person Who Completed Cause of Oeam Ilte m 27) type /Print Registrar's Signatu Diamd Num ~ l ~ I ~ I ~ I i I ' ~ ~~ Date ilea ( '"• day, year '~ ~ Dominic Mirarchi , D . 0. 108 Lowther S t . ~ E/D ~ _ Lemoyne, PA 17043 T a 1 Z s V nmmemonPermuNn ULGtS.iltf WILL r. OF ~ r'' _ `i ~ c? ~ r r WILLIAM S. DAVIS ~~ ~~ -- - `v i ~ _ I, WILLIAM S. DAVIS, of Cumberland County, Pennsylvania, decl~~e~this-to -- _ -a - :- , --a _~... ~ ~ r -. -: a • • , -..__ be my will and hereby revoke all prior wills and codicils made by pie. .~- - ca '• 1. I bequeath to my wife, Alice K. Davis, all of my medical equipment and books and all of my tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any automo- biles which I own, together with the insurance thereon, if she survives me. If my wife does not survive me, then I bequeath all said property, together with the insurance thereon, per stirpes to my issue. 2. I bequeath, devise, and appoint all the rest of my property, of what- ever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to The Commonwealth National Bank and Alice K. Davis, Trustees under an Agreement of Trust executed by me on ,~~r~ ,jU , 19~~~, to be held by them and added to and administered as part of the trust established by said Agreement. Said trust is in existence as of the date of execution of this will, and it is my intention to incorporate its terms and any amendments thereto herein by reference. 3. If any beneficiary should die within sixty (60) days after me or within sixty (60) days after the death of any person, survival of whom determines his rights hereunder, then he shall be deemed to have predeceased me or such other person for all purposes of this will. 4. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation or to pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liabi- lity of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 5. Any amounts or assets which are payable or distributable to a minor hereunder may, at the discretion of my fiduciaries, be paid to the parent or guardian of such minor, to the person with whom such minor resides, or directly to such minor, or may be applied for the use or benefit of such minor. 6. In addition to such other powers and duties as may have been granted elsewhere herein, or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without necessity of notice to or consent of any court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any cor- porate fiduciary hereunder, as long as in the exercise - 2 - of their discretion it may be advisable so to do, not- withstanding that said property may not be of a character authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by Way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or Legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any Property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure - 3 - the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable . (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such pro- perty for such term or terms and upon such conditions and rentals as they may deem advisable, irrespective of - 4 - whether the term of any such lease shall exceed the period permitted by law or the probable period of reten- tion under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securi- ties, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any - 5 - such securities with any committee, depository, trustee or otherwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorgani- zation, readjustment, merger, voting trust, con- solidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To purchase, lease, or sell assets from or to, and otherwise enter into transactions with, the estate of my wife or any trust established by her or me, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate and inheritance taxes, including without limitation execution of joint income tax returns, election to deduct expenses in coputing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contri- bution from any other person. - 6 - (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general part- nership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 7. In the event that there shall be disagreement among the fiduciaries hereunder as to the retention, disposition, acquisition, or modification of the terms of any investment, the decision of my wife as fiduciary shall prevail over that of the corporate fiduciary, but this paragraph shall not be applied to permit any self-dealing with my wife. 8. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever juris- diction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any said taxes imposed on account of my interest in any trust established by my wife shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executors may in their discretion request payment of any portion or all of said taxes (otherwise to be paid out of the principal of my general estate) out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. - 7 - 9. I appoint as executors hereunder my wife Alice K. Davis, and the Commonwealth National Bank, of Harrisburg, Pennsylvania. If my wife should be unable or unwilling to serve, or to complete the administration of my estate, then my sons, Paul K. Davis and James W. Davis, shall serve in her place. My executors shall serve as guardians of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of his duties hereunder. IN WITNESS WHEREOF, I, William S. Davis, herewith set my hand to this, my last Will, typewritten on nine (9) sheets of paper including the self-proving attestation clause and signatures of witnesses, this ~~'~,day of C'`_ ,;~„~..t(,~,;~! ~~~~- d GC ~S",, ---~-9.$1~. ;~; ~,,~ ~~,. - ~ ~-- ~- ~ SEAL ) WILLIAM S. DAVIS Witnessed: -~'Y~Jk.~. ~.~.~e~:z~:~c,~ -- residing at ~.~-~r,~ ~ residing a residing a - 8 - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN William S. Davis, (the testator), Donald R. Waisel , H. Lee Roussel , and Clayton L. Bloom , (the witnesses), whose names are sgned to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearng of the- testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: \~ ~' TESTATOR: ~, ~ ~ ~' : - ~~. _ WILLIAM S. DAVIS ~ WITNESS: WITNESS: Md~. .~ Subscribed, sworn to and acknowledged before me by illiam S. Davis, the testa- tor, and subscribed and sworn to before me by ~ `''' ;'~'~"~ t,~ ^- ~~.1 ~! ~. ,r , --, ~ ,1 %..K~- ~.o-, .~' fa-~.c-~`~h~- , and ~., ~~.:,, /`~~=~-~~=l--l , the witnesses, this `_ ~ -~ _, _~ day of ' _ ~~=,u:. ~,,~,~, 198,X .~ ~~ ~ - _. ~ -~ r ~ ~~}~~. ci~y ~ -~-_w.~~ Notary Public i~ (SEAL) Jennie E. Row, NOTARY PUBLIC My Commission Expires January 19, 1985 1#arrisburg, PA Dauphin County - 9 - FIRST CODICIL TO WILL OF WILLIAM S. DAVIS I, WILLIAM S. DAVIS, of Cumberland County, Pennsylvania declare this to be the first codicil to my will executed on January 14, 1982. 1. I hereby amend paragraph 2 of my said will to read in its entirety as follows: 2. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to Dean Witter Trust Company and Alice K. Davis, Trustees under an Agreement of Trust executed by me on January 14, 1982, as amend, f~.z ~s , ~~ `~' _ cxa to be held by them and added to and administered as part of the =,~; ~~ - :~ _.,~ trust established by said Agreement. Said trust is in existence ` ~ ~ ~- N as of the date of the execution of this will, and it is my ~~~i -~ , -:~ - ~~ intention to incorporate its terms and any amendments thereto,:' "' .t-- ca herein by reference. 2. I hereby amend paragraph 9 of said will to read in its entirety as follows: 9. I appoint as executors hereunder my wife Alice K. Davis, and Dean Witter Trust Company, of Jersey City, New Jersey. If my wife should be unable or unwilling to serve, or to complete the administration of my estate, then my sons, Paul K. Davis and James W. Davis, shall serve in her place. My executors shall serve as guardians of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of his duties hereunder. 3. In all other respects, my said will, subject to any earlier codicils, shall remain unchanged. IN WITNESS WHEREOF, I, William S. Davis, herewith set my hand to this, a codicil to my last Will, typewritten on three (3) sheets of paper including the self-proving attestation clause and signatures of witnesses, this ~~ day o f ~~-G; , 19 9 2 . ~`. ~~L;,.~'~~.,~...-.._._: E' ~ -a:"~r ~ ( SEAL ) W LIAM S. DAVIS Witnessed: /' _ r _ ~ / ~oirr:i,~~=~tCJ1. residing at~efe~~kk:-~l.~-l %,l~`-IJf~uC l `'../~l 4~ y~~ ,~ residing at i 1, - 2 - STATE OF PENNSYLVANIA SS: COUNTY OF DAUPHIN 'lliam Davis (the testator), ~ L,C ~ and (the witnesses), whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a codicil to his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the codicil as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TESTATOR: WITNESS: ~/ r -, -. ILLIAM S. DAMS WITNESS: 1 ~~~ Subscribed, sworn to and acknowledged before me by William S. Davis), the testator, and subscribed and sworn to before me by ~ L- (~_ the witnesses / l UL~~~~~,. and ,(~/G'LG~ ~. ~/~ / , this ~Urt day of ~~~G~i~- 1992. _ ~ ~ !~ Notary Public (SEAL) --._~._ i~l~T,ta~tAL SaAL 3 - J~~'~.E~`c `= F~~~W, Natarr F'ubtic H.-=sri~~il,g, CauRhin County {4'!y CommissEon Ex,~ises Jan. 19, ;9g3 SECOND CODICIL TO WILL OF WILLIAM S. DAMS ~~, ~:-:., ~~ - I, WILLIAM S. DAMS, of Cumberland County, Pennsylvania, declare thi'~-to~e the c~ = - ~_ ~ ~„ ~ , C-~ •~~ second codicil to my will executed on January 14, 1982. ~' ~_- 1. I hereby add a new paragraph 1.5 to my said will, to be inserted immed~~~tely ~, _ _. , -i following paragraph 1 thereof, and to read in its entirety as follows: - - - - .. 1.5 Trust of Residence. If, without regard to paragraph 3 below, my wife Alice K. Davis survives me, then I give and devise to the Trustee(s) hereinafter named the condominium unit in Hampden Township known as Apartment No. 3-C, 3620 Logan Street Ext., Camp Hill, Pennsylvania 1701 1, including all my rights relating thereto, including but not limited to parking rights and interests in Limited Common Elements and in Common Elements, in trust, to permit my wife to occupy the same for such period as she may wish. During the period that my wife exercises her right to occupy the home: (a) she shall not be obligated to pay any rent, (b) the Trustee(s) of the Residuary Trust under the Agreement of Trust referred to in paragraph 2 below shall pay from the Residuary Trust all mortgage payments, real estate taxes, water and sewage bills, and the cost of homeowners insurance and of any necessary major repairs relating to said unit; and (c) my wife shall pay the cost of electricity, fuel oil, gas, telephone, maintenance, and other current expenses, and she may permit others to reside at the home with her. When my wife (in the judgment of the Trustee(s) under this paragraph 1.5) no longer continues to reside at the home, or gives to said Trustee(s) her express written consent, said unit, including all rights and interests relating thereto, shall cease to be subject to this paragraph 1.5 and shall be sold and the proceeds of the sale shall be added to the Residuary Trust under the aforementioned Agreement of Trust. The Trustee(s) under this paragraph 1.5 may require my wife to execute a written lease or other agreement setting forth the terms stated in this paragraph 1.5, and any other terms to which both parties agree, as a condition of my wife's continuing occupancy. 2. I hereby amend paragraph 2 of my said will (previously amended by my First Codicil) to read in its entirety as follows: 2. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to Dean Witter Trust Company and Alice K. Davis, Trustees under an Agreement of Trust executed by me on January 14, 1982, as amended, to be held by them and added to and administered as part of the trust established by said Agreement. Said trust is in existence as of the date of the execution of this will, and it is my intention to incorporate its terms and any amendments thereto herein by reference. 3. I hereby amend paragraph 5 of my said will to read in its entirety as follows: 2 5. Facility of Payments for Minors or Incompetents. Any amounts or property which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. Any amounts or property payable or distributable to a person under the age of twenty-one (21) years may in the discretion of the fiduciary involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 4. I hereby amend paragraph 9 of my said will to read in its entirety as follows: 9. I appoint as executors hereunder my wife Alice K. Davis, and my son, James W. Davis, of Etters, Pennsylvania. I appoint Dauphin Deposit Bank and Trust Company as Trustee of the Trust of Residence governed by paragraph 1.5 above. My executors shall serve as guardians of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of his duties hereunder. In all other respects, my said will, subject to any earlier codicils, shall remain unchanged. IN WITNESS WHEREOF, I, William S. Davis, herewith set my hand to this, a codicil to rriy last Will, typewritten on five (5) sheets of paper including the self-proving attestation clause and signatures of witnesses, this ~~~ day of ~ ~~,.~.~^~~~ , 1997. u ~ _: ; ~~~ ~ ~_ - t ,r _ - ~ ~._ _ (SEAL) William S. Davis Witnessed: ~.=___. ~ •) r~ZC: L" " / ~ ~ 't ~~C~rr/ U,~,~ residing at ~~~ -~.-,-,:,a ~~ ~ . .- i~ ~ 1 1 ~ a 1 _ 1 r residing at _/ (:OMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: ;~ William S. Davis (the testator), _ ~,~~ K. h~~.~,..,~~ and ~:~c~ ~ (~~+'~~ ~ (the witnesses), whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a codicil to his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the codicil as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TESTATOR: ?' ~ ,- ; F,, , -~~ ~,. ~ ~ ,~ r~ William S. Davis 4 WITNESS: WITNESS: ~~ f .T~ _. i~~ C ` f Subscribed, sworn to and acknowledged before me by William S. Davis, the testator, and subscribed and sworn to before me by >~~~~ ~ ~ii~~i~L~a and ~ ,~ ~ ~~ ~`0;-~~..~=~' ~ _ r! c,/~c;ruy ,the witnesses, this ~`~ ~ day of r, ~ , 1997. 'v / ~ ~~ Notary Public ~/~ (SEAL) Notarial Seal Jennie E. Row, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Jan. i 9, 2001 Member. Pennsylvania Association of Notaries