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Home My WebLink About10-03-08< < PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of FLORENCE S. OBER also known as Deceased COUNTY, PENNSYLVANIA File Number (~~' ~-'t/ ~~~~ Social Security Number 170-28-7811 Petitioner(s), who islare 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 EXECUTOR last Will of the Decedent dated FEBRUARY I, 2001 and codicil(s) dated (State relevant circumstances, e.g.. renunciation, depth 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 ins_iTUrtlent(s) 6~fi1''ered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~; '.-r, t -- CJ.: B. Grant of Letters of Administration -T7 ~~ `~ ~. _ (If applicable. enter: c. t. a.: d. b. n. c. t. a.: pendente tile: durante absentia; durante mirio(_Yt_ale) t ~~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse_~f ny) and heirs: (/f Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~-; ~ Name Relationship Residence ~ (COMPLETE /NALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County. Pennsylvania with his /her last principal residence at 1034 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 (List street address, town city. township. county, state, zip code) Decedent, then 73 years of age, died on SEPTEMBER l9, 2008 at 1034 West Trindle Road, Mechanicsburg, PA 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 1,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 215,000.00 situated as follows: °~14 r~~ 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 nature T ed or tinted name and residence ~~ ~~ Ernest D. Ober 1034 West Trindle Road, Mechanicsburg, PA 17055 named in the Form RW-02 rev. /0.!3.06 Page 1 of 2 Oath of Personal Representative COMMONWEA H OF PENNSYLVANIA ~ SS COUNTY OF 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 aqd subscribed b re me the ~~ day of ;;Y _ 1U~ I Fc'r the Register ~~ Signature of Persona! Representative Signature of Persona! Representative Signature of Persona! Representative t--~ ~i _ ~~ ~~ <:~ i _ File Number:Q ~ ~---, ,7 t Estate of FLORENCE S. OBER '- C~ - Dece~sect ~~ -. ~v Social Secur~ Numb r: 170-28-781 1 Date of Death: September 19 2008_, ~... J AND NOW, , c~!2C../(~ , in consideration of the foregoing Petition, satisf,~otory proof having been presented before me, IT IS DECREED that Letters Testementary are hereby granted to Ernest D. Ober and that the instrument(s) dated February 1, 2001 described in the Petition be admitted to probate and filed of record FEES Letters ............... $ Q. ~O Short Certificate(s) ........ $ - ~ Renunciation(s) /..` .J.l $ G %/ $ - ... $ u ... $ ~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ Supreme Court 1.D. No.: 78443 Address: 17 South 2nd Street 6th Floor Harrisburg, PA 17101 Telephone: 717-233-1000 last Will (a Codicil(s) f /~_ ~. in the above estate Attorney Signature: Attorney Name: Gregory Form Rw-oz re~~. gyn. i3.o6 Page 2 of 2 .,...- LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ Pee for this certificate, 86.00 P 14792783 _ Certification Number 'this is to certify that the inForrriation here given is correctly copied from an ori~~inal Certificate of Death duly filed with me as Loral 12er;istrar. The original certificate will he ;~n•warded ![o the State Vital Records Of~1-ice 4~/r i,.rnru~ent filing. . «-~,~r6- l~ ~ a ci 8 _ocal Registrar Date Issued Htos-ta3REV nrzaos COMMONWEALTH OF PENNSYLVANIA• DEPARTMENT OF HEALTH • VITAL RECORDS TYPE I PRINT IN PERMANENT BUCK INK CERTIFICATE OF DEATH ~ (See Instructions and examples on reverse) STATE FILE NUMBER 1 Name d Oecede 1~~ z nt (Flrel, mdda, Iasi. sulhx) 2. Sex 3. Social Securiy Number a. Date d Deem (Monet, day. year) Florence S. Ober Female 170 - 28- 7811 September 19, 2008 5. Aga (last Birthday) Ihrder 1 year lArder 1 my S. Date d BiM (Month day Year) T anl bce (ci a d M b , , . p ty n a « uuntiy) ea. Phu d Deem (check arty one) rAww. Dan waa ravww ~~. 73 November 24, 1934 Leola, Pa. °fha` Yrs. ^ InpalieM ^ ER / OutpatbM ^ DOA ^ Nursing Home Resdence ^OUrar ' W. Coon of Deem Spxiy. ry &. CAy, B«o. Twp. d Demh Bd. Faakry Name III na k6Mutlon, give slreel and mnmerl 9. Waz Decedent of Hispanic Ongin7 ~ No ^ Yes 10. Rau' American tigian, Bbck, While, ab. Cumberland Monroe 1034 West Trindle Road Olyea,speaycaban, I~,M Mexican, Purb Rican, blc) White ' 11. Decedent s 1hu010cc Nntl d work tlprw ngll d Be. Do ml slab re4e0 12. Was Decadent ever b Ew 13. DeudeM'a EAxation (Spedly oNy ~ t grant cmplabdl IA. Mental gates. Married. Never Marred, 15. Sumvirg Spouse Id wile. give maklan narn•1 Kkd d Wok Kkd d Swirrne I tiM+lW U.S. Armed F«a!7 Wi dowed, Dlvorud Isp•dM Ebmanbry / Sx«MSry (0-12) CdMge (1-1 « 5.) Medical Secretary Healthcare ^Ye! ~No 1 2 Married Earnest D. Ober 16. Decedent's Maibg Atltlress (greet, city / rowrr, stole, zrp udal D«edenl's 1034 West Trindle Road ActualResiderxe naslale PA o~ra~moeadem „¢.~Yea,DeceeaMUVedin Monroe Twp Mechanicsburg, PA 17055 nbco«ly Cumberland ~h'0? ,Id.^Nn,oeeemMLiaedwruen A¢taN Limits a cM / e«a 1B. Famer's Name IFVSL rMOdb, Iasi salkll 19. Mother's Name (Rrsl, midde, maiden surname) Henry Shreiner Mazie Landis 20a Inbrmanl's Name (Type r Prpa) 200. IMOmreM's Maikrg Address Igreel, city / bwn, slate. zip code) Earnest D Ober . 1034 West Trindle Road Mechanicsburg, PA 17055 21a sMa~wd a asposnon ^ c,p„apo„ ^ p~l,o„ 2tb. Dat. d Uspoanim (Morin, day. rear) 21a Plxa a oisposiaon (Name a camalary, «amat«y «andr Axel 21d. LOLallerl(city / bwn, slab, xlp u0e) tp~eurial ^ Removal from Slab YYY penutlon «D«utlon Aum«laad ^ aner spxiy hWdhalEaamkw/C««rfV ^Yea^No September 23, 2008 Mechanicsburg Cemetery Mechanicsburg, Pa. 17055 • ~- g~ «rerN ~g az ~) 22b. License N«Mer 22c. Name snd Addees d Facility ~ FD-012662-L Myers Funeral Home, Inc. 37 East Main Street Mechanicsburg PA 17055 Comgele hems t ody when cerorykq pllyslcan is na avaibbb au time a seam to To Ere d my am arurretl at Ure time to and place abled (Sigralure acrd Mbl I , 23b. Liurrse Number 23c. Dale Siryred (Monet day years unAy cause d meet .[.~ ~ , , R N ~Q' 7 ~ ~ uems 21.26 muss u unyaeted by parson • wlp parrourrcas Beam. 2t. Tkne d Deem 25. Dale Prarounce0 Deatl (Monet, tlay, year) ~ ~ ~ M •- Q~ 26. Was Case Rabrtetl b Medcal Examiner / Cororer br Reason Other tlan Creme « Donation? ~ . W ^ Yes No CAUSE OF DEATH (See inatructlona and a: pba) , Approxmale intend, Pan II. ENer otlrer - 28. Did Tobacco Use CuruMae b Deem? hem 27 Pan I: Enbr me pgk1S919YBSL5 - diseases, kyunes, «c«rpkr Ipns - mat srxay caused the Beam. DO N0T enter terminal avan6 s«h az ti car x arrest, Dnset to Deam respxat«y aresl, «ventiicaar fiDNlekon witluA slrowirig Ee etiology list only one wusa on each tine Dul rrol resupug n tlw urxlerlykg uuu given b Pan 1. ^ Yes ^ Pruady IMMEDIATE CAUSE IFinal hsease « ^ No ^ Unkrown carrtitian resupirrg n Beam) ~ ~ r~n~ . o ~. ~"q ~ ~Q ~ ~ A , ^ , • , _~ a. ~ ~Y J ~ 29. II FmWa: -~7 ~"_'r~~l y ""-1 • '-"'•~ -C/ 9' - K r~ ~ Due b (« a a O«a egra ^ NM VrayraN willw pall y6ar ^ ~ ~ / Sequerraatiyy kst condnicns. A any. ~ ~.. ~,~ 1 ~ / ~ C-' ~ D ~ h.E /~/ ' b ro tlw se ksled an We e. G_ ~' , ^ Pregnant at rime a uam D t E 6 ue nter o I« a c«uepre oq. w UNOERLYWG CAUSE e prani lea praynaM'NNUn aT days Idsease «rnjury OW ktilbled the o ~ ~ s 1 U 7 ~ I ~ D N _L.. `,r [] ~ i4. p~ u p ,) s- T ~ ~ ^ BvenLS msuNr a d YV V 1 m LAST ~ JL ' m a a g . _ ea l 7 1 v -iJ EV / fVF "r a ~f. Dub b (« az a unsepuerca ^ Nol pregranL WI pegnanl L3 days to t year d. ~ ~ • - ~ ~ ~' J ' ) (~ ~ ut«a deem 30a Was an Autopsy 30b. Were Arnapsy Frrdrgs 31. Maurer d Deem ^ UNuwwn a pregnant watun the past year 32a. Date d Injury (Monet, day, Year) In ry urred P erbmred? Avaeada Pnar b r~at~'~ 32e. Pbce d Gaon Ip.rvebrd tkmKde OErs Bum: Hone Fann, greet, Fagory, of cause a Dean? ^ fig. • ($pecMl ^ Yes i~ tb ^ Yes ^ No ^ Accdenl ^ Pentlag Inveskg;suon 32tl. Tune of Iryury 32e. Iryrry al Work? 321 II Transporlalmn Inlury (Sp«'+N) 32 Locelmn d I ry ~ S Nury (grea n /town, stale •'-~~ ^ Sulckb ^ Caad Na u Deierminetl M ^ Yes ^ No ^ Dnver / Operal« ^ Passenger ^Pedestrbn Olher~ $pecily' 33a Canker (dwck onA' oriel • CMilyinq physician (Physx~wi ceneymg cause of deem wren aromer Vhysrcian nos gonounced tleam and collrpl¢letl Item 23) ToIlraWsrdmy krrorledq,daadr accunW MrbrM waNa)rM manner M4 l 37b. Sgnalure antl Tab d CenAier - ~~ al s r _________________________________~. • Pe«wuneing ant cMHybg physician IPnysruarr Dorn praxarrxiny death acid cenlrym lo Cause 01 O lh _ 9 ea ) To Ve heal of mY knowkdpe, death occurted al tlM aura, dale, and place, ant duo to Vw uuaq!) and manror a! ltalad_ _ _ _ _ - ^ • YediWExamirrr7Coraner ------------ 33c. lcense Nurturer 1-' Q X31 L3 ~- 33tl. Dale Sgned ( m, day, a r) Q ' On the hula of naminalion and / a inveslgadon b m o inion d m 7 D~ 69 19 1- , y p , ee occurred al Ire time, dale, and plxe, Yd du! to the Cauagaj and manner a! lbled_ ^ 34 N ame ant AtlOress of Pers on Wn o Cort pM~ Cause of Death ( IJY 2 7) Typ o l Pur l ~ 35 Re ac's Slgnarure and Drslrld t ~ a 36 Date Fb0 (MOrith day, year) / ~ / ~ _ J / ~ ~ ~ ~ ,~ ~ -/ I O ~^ ~Y L/"'t~~ ~jf"""'•' ~- l i ,,~...: l l t i ..2 I S~ -; o ,t r, o g r-~ e e-/--~ r---c~ b~~ n'b~ ~ ~--b ~S v ~ Dlspusnicn Permu No. ~ ~ ~~ 0 /~ ~~-~~ LAST WILL AND TESTAMENT OF FLORENCE S. OBER I, FLORENCE S. OBER, of 1034 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publishand c ~ ~' declare this to be my Last Will and revoke any Wills and codicils previously mac~=~ me. ~ -, ~~ ARTICLE ONE - ^' `~' ,,:= , i i w Specific Bequest of Tangible Personal Property `--~ '' -_~, I give and bequeath all of my tangible personal property, including, but not limited ~g all - ; , -- .. , my automobiles, furniture, furnishings, books, pictures, jewelry, china, linen, ~~ilver, clo~ng, household effects and personal effects, and other tangible personal property of like nature (not including cash, securities and other property used for the production of income), together with any existing insurance thereon as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided or not effectively disposed of in any such memorandum, to my spouse, ERNEST D. OBER, if my said spouse survives me by thirty (30) days; or, if my said spouse does not survive me, to my children, RANDALL E. OBER, SUSAN L. SHIREY, and BRIAN K. OBER, per stirpes. ARTICLE TWO Specific Bequests If my spouse, ERNEST D. OBER, does not survive me, I give and bequeath the following specific bequests: (A) $75,000.00 to Trinity Lutheran Church, now of Mechanicsburg, Cumberland County to be used for camping opportunities for the children, youth programs and at the discretion of the board; (B) $25,000.00 to Salem Stone Church, now of Carlisle, Cumberland County; (C) $10,000.00 to Lutheran World Relief; (D) $5,000.00 to Habitat for Humanity; ~~'~~'~~ ~~~tt~~ ~~~~~~~~ ~~~'' LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 1 of 11 (E) $5,000.00 to the Bethesda Mission, now of Harrisburg, Dauphin County; and (F) $5,000.00 to the Salvation Army. ARTICLE THREE Marital Share (A) If my spouse, ERNEST D. OBER, survives me, I give, devise and bequeath to my said spouse an amount, if any, designated as the "MARITAL SHARE", which is equal to (1) the smallest marital deduction needed to reduce the Federal estate tax assessed by reason of my death to the least possible amount after taking full use of all other deductions, all exclusions from my gross estate, and all credits (to the extent that state death taxes are not increased thereby) as finally determined for Federal estate tax purposes, less (2) the value as finally determined for Federal estate tax purposes of any property and interests qualifying for the marital deduction which pass or have already passed to or for the benefit of my spouse under other provisions of this Will, by operation of law, or otherwise. In determining the amount of the MARITAL SHARE: only assets which would qualify for the marital deduction shall be allocated to the MARITAL SHARE; the MARITAL SHARE shall be undiminished and unaffected by any death taxes; and, any property distributed in kind in satisfaction of the MARITAL SHARE shall be valued for purposes of distribution at its date of distribution value. (B) I direct that any provisions of this Will which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of the MARITAL SHARE shall be so construed or applied as to accomplish that intention. ARTICLE FOUR Disclaimer of Marital Share In the event my spouse, ERNEST D. OBER, shall disclaim all or any portion of the MARITAL SHARE, then such disclaimed property shall become a part of my residuary estate, which passes under ARTICLE FIVE. My said spouse shall not be deemed to have predeceased me by virtue of my said spouse' exercise of the right to disclaim as set forth herein. ~~~~~'~'~~ ~~~~[~~,~~~t~H~ °~~' LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE ~. ~BER Page 2 of 11 ARTICLE FIVE Residuary Estate I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever nature and wherever situated, to the then acting trustee(s) of that certain inter vivos trust agreement executed February O1, 2001, by and between me as grantor and me as trustee, which is referred to therein as the "FLORENCE S. OBER FAMILY TRUST", to be added to and thereafter treated as of part of the FLORENCE S. OBER FAMILY TRUST; or, if the FLORENCE S. OBER FAMILY TRUST is not in effect at the time of my death, to be held in trust on the same terms and conditions specified in the instrument(s) governing said FLORENCE S. OBER FAMILY TRUST as it existed at the time of the execution of this Will or of the last codicil hereto, with like effect as if said terms and conditions were set forth herein verbatim. ARTICLE SIX Payment of Taxes, Debts and Administrative Expenses I direct that all estate, inheritance and other death taxes (other than generation-skipping transfer taxes), and all interest and penalties thereon imposed by reason of my death with respect to property subject to such taxes by reason of my death, whether such property passes under my Will or otherwise, and payable to any federal, state or foreign taxing authority, whether payable by my estate or by any recipient of such property, and all my just debts, funeral expenses and estate administration expenses, shall be paid to the extent possible out of my residuary estate passing under ARTICLE FIVE hereinabove; provided, however, that my Executor may direct the then acting trustee(s) of the FLORENCE S. OBER FAMILY TRUST to pay any such amounts from the property of the FLORENCE S. OBER FAMILY TRUST. All generation-skipping transfer taxes attributable to property passing under this Will to the trustees of the FLORENCE S. OBER FAMILY TRUST shall be paid and/or charged in accordance with the terms of the FLORENCE S. OBER FAMILY TRUST. I direct my Executor to make the elections to allocate my GST exemption in accordance with the terms of the FLORENCE S. OBER FAMILY TRUST. ~~"~~~~~~ ~~~ ~ ~ ~`~`~ "'~~'~~~~~~'"~ ~ ~"~"~~ LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 3 of 11 ARTICLE SEVEN Protective Provisions The principal of my estate and the income therefrom, so long as the same are held by my Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his/her interest in my estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE EIGHT Powers of Executors In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executors shall have the following rights and powers exercisable without the need for court approval: (A) Accept and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together ~~ith any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. (C) Voting Rim. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. :;II~.4II~i~.~'t'( k~ ~ /(~'~:1,'I~If~ a ~l ~aai~~~ LAST WILL AND TESTAMENT OF ATTORN EVS AT LAW FLORENCE S. OBER Page 4 of ~ I 1 (D) Title To Property. To register or hold securities and/or other property in the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. (E) Sale, Lease and Other Dealings with Property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law, and; to partition, subdivide, improve and impose any restrictions on real estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regard to differences in the income tax basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outright. In any instance where property would be immediately distributable to a beneficiary of the FLORENCE S. OBER FAMILY TRUST, distribution may be made directly to such beneficiary without funding such trust. The receipt. of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. (I) Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of Agents. To employ agents including attorneys, accountants, and others to perform administrative duties. ~~ ~~[ ~~~~~'~ ~ ~~ ~~ ~~~~~~~ ~ ~i'~,n LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page ~ of ~ 11 (K) Disclaimer. To disclaim any interest in property which would devolve to me or to my estate by whatever means, including but not limited to the following means: as a beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee beneficiary of an inter vivos transfer, as a beneficiary under any insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. (L) Property Distributable to Minors. Any property (whether income or principal) distributable to a beneficiary of my estate who is under a disability may be paid directly to such beneficiary, to the parent or guardian of such beneficiary, to a custodian selected by my Executor (other than my Executors) under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, or to persons caring for or having custody of such beneficiary (other than my Executors), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than my Executors) as my Executor may select, and the receipt of any such payee shall be a full release therefor. The receipt of any such payments by any such person shall be a full acquittance of my Executor as to any amounts so paid. Any beneficiary hereunder shall be considered to be under a disability while under the age of twenty- one (21) years or at any time when, in the opinion of my Executor, such beneficiary is incapacitated in any way so as to be unable to properly manage his/her affairs. (M) Closely Held Business Interests. With respect to any interest in a sole proprietorship or closely held businesses, including but not limited to corporations, partnerships and limited liability companies (any such sole proprietorship or closely held businesses is hereinafter called a "Business"), my Executor shall have the following rights and powers in addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, exercisable without the need for court approval: (1) To retain and continue to operate a Business for such period as my Executor may deem advisable without regard to the general fiduciary principle of investment diversification. ~~°~~~~~ z~t~~~~ ''~'' LAST WILL AND TDEST/A~ M(ENT~7OFD ATTORNEYS AT LAW FL Ol\ENI~E ~J. O1JEl\ Page 6 of 11 (2) To acquire interests (including minority interests) in a Business either for cash or with borrowed funds and to retain all or part of any such investment in a Business for such period as my Executor may deem advisable without regard to the general fiduciary principle of investment diversification. (3) To control, direct and manage a Business. In this connection, my Executor shall determine the manner and extent of their active participation in the operation and supervision, and my Executor may delegate all or any part of their power to supervise and operate, to such person or persons as they may select, including any associate, partner, officer or employee of a Business. (4) To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate and discharge agents, attorneys, consultants, accountants and such other representatives as my Executor may deem appropriate; including the right to employ any beneficiary or Trustee in any of the foregoing capacities. (5) To take any action required to change or to participate in the organization of a Business to a corporation, limited liability company or partnership, partnership, limited partnership, or other organizational form. (6) To elect or consent to the election to be taxed in accordance with the provisions of Subchapter K or S of the Code. (7) To execute or consent to the execution of shareholder, joint venture and partnership agreements and amendments thereto and to participate in the recapitalization, merger, consolidation, reorganization, liquidation or dissolution of a Business. (8) To treat a Business as an entity separate from any trust hereunder. In their accountings to the court (if any are made) and to any beneficiaries, my Executor shall only be required to report the earnings and condition of a Business in accordance with standard accounting practice. ~~~~~~~~~~~~~~~~~~ ~~'~~~~~=~~ i,ui~ LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S OBER Page ? of ~ 11 (9) To retain in a Business such amount of the net earnings for working capital and other purposes of the Business for working capital and other purposes of the Business as my Executor may deem advisable. (10) To diminish, enlarge or change the scope or nature of a Business. (11) To purchase, process and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures and supplies of all kinds. (12) To sell or liquidate all or any part of a Business at such time and price and upon such terms and conditions (including credit) as my Executor may deem advisable. (13) To exercise any of the rights and powers herein conferred in conjunction with another or others. ARTICLE NINE Executors (A) Appointment of Executors. I appoint my spouse, ERNEST D. OBER, as Executor of this Will (my said Executor and any successor Executor or co-Executors shall be referred to herein as my "Executors" or "Executor"). Upon the death, renunciation or resignation of my said spouse, I appoint my children, RANDALL E. OBER, SUSAN L. SHIREY and BRIAN K. OBER, to act jointly as my Executor. (B) Miscellaneous. Any successor Executor shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original Executor. No successor Executor shall be obligated to examine the accounts, records, or acts of a previous Executor, nor shall any such successor Executor in any way or manner be responsible for any act or omission to act on the part of any such previous Executor. My Executors shall be entitled to receive reasonable compensation for their services hereunder. No Executor serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which said fiduciary may be called upon to act. :~~h;A~~~9 ~'1'~ ~; ~ ~~ ~~ ~~«ii~l 1 ~~,i u ~ LAST WILL AND TESTAMENT OF ATTORN EVS AT LAW FLORENCE S. OBER Page b' of I1 ARTICLE TEN Interpretation (A) Child, Children, Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. (B) Gender and Number. Where appropriate except where the context otherwise requires. whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (C) Headin sg /Captions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of Twelve (12) typewritten pages, including this attestation clause and the following Acknowledgment and Affidavit, to be executed, declared and published this / day of February, 2001, at Harrisburg, Pennsylvania. ~,. s o.~- FLORENCE S. OBER "~1~-~1t~,-~'~'t~~I(i~;~IRt(:Fl ~.i~i~ LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 9 of 11 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) I, FLORENCE S. OBER, the 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 ~~ FLORENCE S. OBER Notary Public My Commission Expires: ~`7 /~~f~~~~j --NOTARW. SEAL OAN~ M. IWtTMAN, NOTAIK Ptl9t~ AM (~M~EJfPIRES SJULY ,2093 Sworn or affirmed to and acknowledged before me by FLORENCE S. OBER, the Testator this ~ ~~ day of February, 2001. , ~VS~~IfRllr~'Illl~~ T~(Di~.~9RI11.'I-9 tiuP ATTORNEYS AT LAW LAST WILL AND TESTAMENT OF FLORENCE S OBF,R Page 10 of 11 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ) `~ and `~/ili~~CG'I~(.J ~ ~F the witnesses, whose names are signed to the attached or foregoing instrument, being duly quali ied according to law, do depose and say that we were present and saw FLORENCE S. OBER, sign and execute the instrument as the Testatrix's 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 Testatrix was at the ~O.~LZ L.h ~ ~~ ~rn s b~rti P.~- (~ t ~ z Sworn o ffirmed to and acknowledged before me by • and(! ~+- w tnesses, this ~`~ day of February, 2001. J~ ~~.~~i ~ n~ ~,~ ~~~~ai,ulai ~i ii,F° ATTORNEYS AT LAW Notary Public /~- My Commission Expires: r/~/~-~~~~ LAST WILL AND TESTAMENT OF FLORENCE S. OBF.R Page I1 of 11 time twenty-one (21) or more years of age, of sound mind and under no constraint or undue