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Home My WebLink About10-06-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of John J Kane File Number 21-- D$' -UQq~ also known as ,Deceased Social Security Number 186-24-2584 Kenneth C. Aucker Jr. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ;4' or 'B' BELOW.•) ^X A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executor named in the last will of the Decedent, dated 08/16/2002 and codicil(s) dated 06/13/2006 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 bom 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 apprce e, e r c..a.; ..n.c..a.; n e r e; uran a see a; uran mmon a e Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs(!f Administration, c.t.a. ord.b.n.c.t.a., enter date of ill in SectionA above and complete list of heirs.) Name I ~r v~ ~. (COMPLETE IN ALL CASES.) Attach add~bonal sheets if necessary. `"' ~v-.~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal~resnce 1604 Bridge Street, New Cumberland, New Cumberland, Cumberland, PA 17070 : z ~' (List street address s.,~,.,i ;ti, w.,.,.,..ti:....,..._ - - - - - -- -• I rn -. .. - ]~. at ~ _: .+ _ R ~ Decedent, then 7J years of age, died on 09/24/2008 at Community General Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 3,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Wherefore, Petitioner(s) the undersigned: tit .~~~ Nwuaie or me last wm ana ~otnul(s) presented with this Petition and the grant of Letters in the appropriate form to i ypea or panted name and residence Kenneth C. Aucker Jr. 1604 Bridge Street New Cumberland, PA 17070 717-774-5851 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } 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 affirmed and subscribed before me this ~,~_ day of - o26-y ~ For the Register ~ `~~..~ ~ C. Aucker Jr. Signature of Personal Representative Signature of Personal Representative File Number: 21 __ Ofii _ O~/:7-~ ~ ~ 7 ~ n c~ Estate of John J Kane Decea a t71 _ i Social Security Number: 186-24-2584 Date of Death: 09/24/2008 `` L;, a,,, <: AND NOW, ~~ Lp ~~~_ , in consideration of the foregoing P ~tion, sati o ~§ct ry ~prodf ? having been presented before me, IT IS DECREED that Letters Testamentary -~ tv are hereby granted to Kenneth C. Aucker Jr. in the above estate and that the instrument(s) dated 08/16/2002 06/13/2006 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ ~ `A1 ~ ~~ Short Certificate(s) ........................ $ Renunciation(s) ............................. $ ~~ Q Q $ l5 _ u~ C~ ~c~ ~ s SL $ lS- ~~ TOTAL .................................. $ $ $ ~ ~, z 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 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 --- -, --..._. runy m. mvya los.eos xEV rolro~l _ _ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. P 14792867 Certification Number Local Registrar Date Issued C7 O m ;,~ o ~.1, , 7 :- ., ~.~ 1 C. .~. -' =._7 C -r-, -.a. - -=-! Op _ ~,_ ~ N N TYPEr PRINT IN mos~ua REV n/zoos COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PERMANENT &ACK INK CERTIFICATE OF DEATH (See Inetruelions and exampbs on reverse) 1 Name d Deceoal (first "Wda' last' auAx) STATE FILE NUMBER John J. Kane ~ 2. Sex 3. Soda! Seaway "urriDa r,y~ 6. Data d Daam IMOnm, my. Year) s. Aqe uau armmrl uma I a& unmr i mr 5 Dal. d &nn (Alonm, m, r r a 1 8 6 - 2 4- 2 5 8 4 SAN LL~_ ramu oup Nuns raua r) 7. IC' ad slate a coon 1 Ea. Plxa d Deaal ICteck ady one) 7"~a'T~ ~ Cr •~ y ~ Q 0 8 79 vra 10/12/1928 ane' mcwdyaoeam Philddel hid PA ^Inpalenl ERrO &. Cly, ewo, Twp. d Deam EG. Faci4ly Nama IE nd nsxdbn, give easel antl nunOnl ulpaDanl ^ DDA ^ Nummg ttoma ^ Reseenca ^Dlner ~ Spaaly: Da u h i n 9 Was Deceoeru d Faspanc Orign7 ®No ^ ris Ip. Rata Arreriurl Lower Paxton la Yes, seedy aoan. ~„.;s,, abet elate, WMak. ab. 11. Decetlenl'a Usua Oct eon Kim d w«k m,,, COIEIRIU n i t General aMxican, Puano Roman, ac ). W~- ~'i e most d wom xs. Do rrd aaN reDrW 12. Was Decemd ewr n Yu 13. Dwsmra's Etlucabn ISpxgly «Yy legtalsl yam canPlel.dl tA. Medal SWua: Marred, Navar Marieq 75. SurvN l KW d Wom Kira d Busaeas / Yalusuy U.S. Armed Forced Elementary / SeconpaN 1412) CWlepe I1-t a Sr) Wimwa4 Divorced (SFeWy) ir'G Spouse (II wiN, Sh's memo nand ,SDecemnra Munici alit ^ras Caw 5+ Haling Adaess IStreeh cpy /lam, slate, zip cam) Decaday'c W 1 d0 W ed 1 604 Bridge St. AtDyl Resgaa:e 1m. sub _ Acannc l v-ni - Dq Decedem New Cumberland, PA 17070 ~ Tom? 17`~Y°~'D'~""'reOb vD.c«r«y Cumberland vtl.$]w,D.uaemLNed Y"p 15. Fame's Name (Fast mimb, last. sdhu) Aaua lama d - w""~W ~ Lrlbr t! ^ n~ 19. Maha's Name IFka, rnitl]e, maims surname) Cdy I Bun Jo n Kane 2m ld«manl:Nan•(TypaYPml) A ne Fl i chat Kenneth Ce AUCker ~ 25D. mbrmrad'a MailYp Aaaau lSaest,ay /town, wM, np caaei z1a. MammaDispos;ibn ^crenwim 1609 Bri St. New Cumberland PA 17070 ~^ r Bu~ / ^ Rema„a Irani Slate Was Gamabn or Danaaan Adpnlaed 21 D. Data d psposilon Pt«ap, my, year) 21c. Piero d Disposilbn (Name a caseyry, aemaay a atler pace) zld. Laabn Y w /c«a.rT ^vaa^Nn 9/30/08 Rollin Ic+r/w»*.~al.,avma.l ~ 22A Sgreb «raa 4 G~:'een Manorial Park Camp Hill, PA 17011 a ~ arch) 22c. Nana ad Amrea d Faciay j ~ ~ Neill Funeral Home c«~vw FD 013239 L , Inc MYaicun i avauw al lung d 2 .Tome Oast a my bawteepe, man rxcurw a me Fe, mte aM pace steed. (Sgnd«e and ae) ~y amam. 276. lioenw Number 23c. Dee SryeOIlAONp, my, yea! • Yene 2125 must M cmWleted by person 21. Tana a Deem 25. Dda Praeurcad Dead wFe prmwrces mah. a, (Math, mY, Yea! ?8. Was Case Ralerretl b Yladca Esaniner / Conrw br a Reason Oaer man Gmelbn « D«Wion7 7:39 P M. Septanber 24, 2008 ®raa pN" Nan 27. PM I. En4r me CAUSE OF DEATN (SN NstrucWna And AaampNe) cplnJl9Yp515 - daeasw, ryas, «alrrytyrau«q - ma mecby auss0 pe mam. W N0T enter terminal events taco ss wrraa anest. ~ ~10z~° inane: Pal II: Eder Omer nsprauxy area, «reraicdar EMlaDan wgted ehoway ae elebpy Lie orgy one now on eaM ae. r Onset to Deam piq n« rasdlmg b ma 2S. Dd ToOatto Use CanaEam b Dam? "^m"rl"YausepvennPall ^ Wa ^PraOaW WIED4TE CAUSE (Fine dsease a ^ ~ ~alrwzewn oadlbn resuaapnmem) i a. _ L~/r K. t ~ Ti C. ~a JC!' ra of Pr rr^^ f Due to l« as a consegrenu ol) 4A rJ i'YCa ra./ ff r IYY.~ 2D. M FareN: Se9uaraialyy Ysl cenfYliOre, l arty, p. ^ Nor payed wen past yea ~, Namq b M reuse Me0 on W a. Ema M UNDEglY1NG CAUSE Due b (« as a consaquanw a); s J 1 ~,~, ~~mmel~ yre r ; ter S c e. i G ^ Pr.yad a ane a mam 1 ~ ~ + ^ "°' weyud. dA pregnant wmm s2 mys tl. Dwbi«asaconsequerced: r ~an~f~l'l.:C HClrr dman r ^ Nq preywq. Dul p•Wra a3 mys b 7 year 70a Was an Aubpsy 300. Wae Auepcy FeN'rps 31. Hamer d Deam r r 0.. t Hf~.. Delon maN Perbrmed7 Avaadbb Pri« b GKNAeuun 32a. Data d Ir~ry (Halo. my, year) 32b. Describe Now Ir(«y Oct«red ^ ~10'vn l pregnau wahn ma wa year of Cause d Deem? ~Nawral ^ Nonw:ea 32c.O a a. NOIM. Fam Saes. Faa«y, SPaayil ^ Yes tit No ^ Vaa ^ No ^ ~amre ^ PenUug Inveslgauon 3za. rase d mjwy Sze. ml«y al work? 3z1. 5 Tr l~ surer ~°Aa°°" mM'N !Spar%) 32g. towem d 4Say (saes, city /town. sluN) ^ ^ CaWU Not m Deterrdned ^ Ves ^ Nu ^ O""a / Operabr ^ Passenger ^Padestrian 33a. Cenlia Neck ody oral M. OYer - Speciy: ' cenlrba phyacln (Physcen wniyny cease of deem when an«rwr p~ysicwn nas 33D. siymare am Tlk a Cemlier To Ar peat d p'oreun:nd mam aM conplebtl Item 23) ~ti yy /1 bP t"owJadW, rMWr oaunad due b IM uuaels) and meawer as sYlsq, _ _ _ _ _ _ _ ~ a'-~(l/~•M.`~p •>G'_W./ ' Twand~4agpnrslcwnlPnys«wnwwp~omnrc~ngmmnamcerDlyingloraa,aaceao-d -------------------------~ Y wlage, mam ac«rw u m. We, mu, aM pace, erW due b IM ausefa) arW mamer es aMte~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ lcrose NwMer • ward &amm.r / c«en., _ ^ ~ S 330 Dale Spned 1M«aa my. ye.r, On w b an a aaamaution and / a invastigaWn, In my opinion, mam occurred al the lone. date. and Place, and tlw to ore ca a `~ 4' O V T ~- uggandmanneraawte4 ^ ~le -ernbrr ~s o?uafr ~ 35 R 4 low Dist t 3yayNaa'e a'1q Amress d Pereson WTw Complal^a~o Cause a Deem (item 27) Trye / Prnl Da Fled lMOrgh. mY. Year) /~/r ~. ~iCctl JGMS sJ I~~I 1 I ~I 1 1:2 I ~ ~r•~ F 8 35Vy its Pro~r~ls ~vG an A )7/)O DisposlWn Pemut Nn ~~~~ Last Will and Testament of John J. Kane I, John J. Kane, a resident of New Cumberland, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my will. Articl O ~' f., ~'' e ne -n ~-, Specific and General Gifts , - -:_ ~, -; ~~~ _-~ ~-~; ~r '' Section 1.01 Disposition of Tangible Personal Property T, ~ cb Y rv I give all my tangible personal property, together with any insurance policies covering s ch property and claims under such policies in accordance with a "Memorandum for Distribution of Personal Property" or other similar writing directing the disposition of such property, which shall be dated and signed by me. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. Section 1.02 Contingent Distribution of Tangible Personal Property Any tangible personal property not disposed of by a written memorandum, or if I choose not to leave a written memorandum, I give such property not disposed of to Vesta E. Wise. If Vesta E. Wise fails to survive me, I give said property to Kenneth C. Aucker, Jr. My Executor shall incur no liability to any party for any decision made by my Executor with respect to either the division or sale of my tangible personal property, and any decision made by my Executor shall be final and binding on all of my beneficiaries. Section 1.03 Definition of Tangible Personal Property For purposes of this Article, my tangible personal property shall include but not be limited to my household furnishings, appliances and fixtures, works of art, motor vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting goods, and hobby paraphernalia. :' _,,: _,, - ._ , ,, Pagelofl3 Tangible personal property shall not include any tangible property that my Executor, in its sole and absolute discretion, determines to be part of any business or business interest that I own at my death. Section 1.04 Ademption If property to be distributed under this Article becomes part of my probate estate in any manner after my death, then the gift shall not adeem on account of not being a part of my probate estate at my death, and my Executor shall distribute the property as a specific gift in accordance with this Article. If property to be distributed under this Article is not part of my probate estate upon my death and does not subsequently become part of my probate estate, then the specific gift made in this Article shall be considered null and void, without any legal or binding effect. Section 1.05 Encumbrances and Incidental Expenses of Tangible Personal Property Property being distributed under this Article shall be distributed subject to liens, security interests or other encumbrances on the property so distributed. However, my Executor shall pay, as an administration expense, the reasonable expenses of storing, insuring, packing, transporting and otherwise caring for my tangible personal property until actual delivery of each article of property to the appropriate beneficiary. Article Two My Residuary Estate Section 2.01 Definition of My Residuary Estate All the remainder of my estate, including property referred to above that is not effectively disposed of, shall be referred to in my will as my "residuary estate." Section 2.02 Disposition of My Residuary Estate I give my residuary estate to Vesta E. Wise. If Vesta E. Wise fails to survive me, then I give my residuary estate to Kenneth C. Aucker, Jr. If Kenneth C. Aucker, Jr. fails to survive me, then I Page 2 of 13 give my residuary estate to the local fire department that served the area in which I resided at the time of my death. Article Three Designation and Succession Fiduciaries Section 3.01 Executor I nominate Kenneth C. Aucker, Jr. as my Executor. If Kenneth C. Aucker, Jr. fails or ceases to act as my Executor, I nominate Susan E. Lederer as my Executor. Article Four Powers of My Fiduciaries Section 4.01 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. Page 3 of 13 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 4.02 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 this 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 this Will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by this Will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Section 4.03 Alternative Distribution Methods My fiduciaries may make any payment provided for under my will or under the terms of any trust established 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, 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 the fiduciary. Page 4 of 13 Article Five Administrative Provisions Section 5.01 No Court Proceedings Any trust established under my will shall be administered expeditiously consistent with its provisions, free of judicial intervention, and without order, approval or action of any court. It shall be subject only to the jurisdiction of a court being invoked by the Trustee or by other interested parties. Proceedings to seek instructions or court determinations shall be initiated in the court having original jurisdiction over matters relating to the construction and administration of trusts. Seeking instructions or court determination shall not thereafter subject the trust to the continuing jurisdiction of the court. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any law, statute, or rule of court requires any bond, no sureties be required. Section 5.03 Fiduciary Compensation An individual serving as a fiduciary under my will shall be entitled to fair and reasonable compensation for the services he or she renders as a fiduciary, unless the fiduciary waives such compensation. Any corporate fiduciary shall be compensated by agreement with my Executor or, in the absence of such agreement, in accordance with the corporate fiduciary's published fee schedule in effect at the time the services are rendered. A fiduciary may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under this agreement. Section 5.04 Spendthrift Provision Neither the income nor the principal of any trust estate established under my will shall be assigned, anticipated, encumbered or alienated in any manner by any beneficiary; nor shall it be liable for the debts or obligations of any beneficiary; nor shall it be subject to attachment, garnishment, bankruptcy proceedings or any other legal process, or to the interference or control of creditors or others. Page 5 of 13 Nothing contained in this Section shall restrict in any way the exercise of any power of appointment granted in this agreement. Section 5.05 Distributions to Incapacitated Persons and Persons Under Twenty-Five If my Executor is directed to distribute any share of my probate estate to any beneficiary who is under the age of 25 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 25 or overcomes the incapacity. My Executor shall then distribute such beneficiary's trust to him or her. While any trust is being held under this Section, the fiduciary, other than an interested 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 any purpose. If the fiduciary is an interested Trustee, the fiduciary 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 such beneficiary before that time, the fiduciary shall distribute the trust, including any accrued and undistributed income under the provisions of Article Two of my will. Section 5.06 Maximum Term for Trusts Notwithstanding any other provision of my will, unless sooner terminated under other provisions hereof, any trust established under my will shall terminate 21 years after the last to die of me and my descendants and the descendants of my maternal and paternal grandparents living at the time of my death. At that time, the remaining trust property shall vest in and be distributed to those persons then entitled to mandatory distributions of net income of the trust and in the same proportions. If none of the beneficiaries are entitled to mandatory distribution of net income, to the beneficiaries then eligible to receive discretionary distributions of net income of the trust in equal shares per capita. Section 5.07 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. Page 6 of 13 Section 5.08 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 either be 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. Article Six Tax Provisions Section 6.01 Payment of Death Taxes All estate, inheritance and succession taxes payable by reason of my death, whether or not such property passes under my will shall be paid as set forth in this Section. (a) Payment from Residue Except as otherwise provided in this Section or elsewhere in this agreement, my Executor shall provide for payment of all such taxes from my residuary estate as an administrative expense without apportionment and shall not seek contribution toward or recovery of any such payments from any individual. (b) Protection of Exempt Property In no event shall any such taxes be allocated to or paid from any assets that are not included in my gross estate for federal estate tax purposes. (c) Charitable Distributions Notwithstanding anything in this agreement to the contrary, no death taxes payable as a result of my death shall be allocated to or paid from any assets passing to any organization qualifying for the federal estate tax charitable deduction, or split-interest charitable trusts unless my Executor has first used all other assets available to my Executor. Page 7 of 13 (d) Property Passing Outside of My Will Except as to Qualified Retirement Benefits, all such taxes imposed with respect to property included in my gross estate for purposes of such taxes 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 in the respective tax proceedings shall be the values used for the apportionment of the respective taxes. (e) No Apportionment to Retirement Plan Assets No such taxes shall be paid from or allocated to any retirement plan assets that become a part of my estate or a trust established under my will or are otherwise required to be included in my gross estate for purposes of such taxes unless there is no other trust property available for payment of such taxes. Section 6.02 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 Seven Definitions and General Provisions Section 7.01 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 be treated in the same manner under this agreement as natural children of the adopting parent, provided such person is legally adopted prior to attaining the age of 18 years. Page 8 of 13 A fetus in utero that is later born alive shall be considered a person in being during the period of gestation. However, a person's children or descendants shall not include an individual who is such person's child or descendant by virtue of legal adoption if such individual was adopted on or after December 31S` of the year following the year of my death and is older than the oldest living child or descendant of such person on said date. (b) Descendants The term "descendants" shall include a person's lineal descendants of all generations. (c) Education The term "education" is intended to be an ascertainable standard in accordance with Section 2041 and Section 2514 of the Internal Revenue Code and shall include, but not be limited to: • Enrollment at private elementary, junior and senior high schools, including boarding schools; • Undergraduate and graduate study in any field at a college or university; • Specialized, vocational or professional training or instruction at any institution, including private instruction; or • Any other curriculum, institution or activity that my Trustee, in its sole and absolute discretion, deems useful for developing the abilities and interest of the beneficiary including, without limitation, athletic training, musical instruction, theatrical training, the arts and travel. Education shall also include distributions made by my Trustee for expenses such as tuition, room and board, fees, books and supplies, tutoring, transportation, and reasonable allowance for living expenses. (d) Internal Revenue Code References to the "Internal Revenue Code" or "Code" or to provisions thereof are to the Internal Revenue Code of 1986. References to the "Regulations" or "Regs" are to the Treasury Regulations under the Internal Revenue Code. If by the time in question a particular provision of the Internal Revenue Code has been renumbered, or the Internal Revenue Code has been superseded by a subsequent federal tax law, the reference shall be deemed to be made to the renumbered provision or to the corresponding provision of the subsequent law, unless to do so Page 9 of 13 would clearly be contrary to my intent as expressed in this agreement. A similar rule shall apply to references to the Regulations. (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) Qualified Retirement Accounts "Qualified Retirement Benefits" means any qualified retirement plan, individual retirement account ("IRA") or other retirement arrangement subject to the "minimum distribution rules" of Section 401(a)(9) of the Code, or other comparable provisions of law (g) Shall and May Unless otherwise specifically provided in this agreement or by the context in which used, I use the word "shall" in this agreement as a command, directive or requirement, and the word "may" in this agreement as allowing or permitting, but not requiring, the taking or omission of any action. (h) Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate, Estates, and Fiduciaries Code as amended after the date of my will and after my death. Section 7.02 Contest Provision If, after receiving a copy of this paragraph, any person shall in any manner, directly or indirectly, attempt to contest or oppose the validity of my will, including any codicils thereto, or commences, continues or prosecutes any legal proceedings to set my will aside, then such person shall forfeit his or her share, cease to have any right or interest in my estate, and shall for the purposes of my will be deemed to have predeceased me. This Section 7.02 shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. Page 10 of 13 Section 7.03 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 7.04 General Provisions The following general matters of construction shall apply to the provisions of my will: (a) 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. (b) Gender, Number, Captions Words denoting the masculine or feminine gender shall be construed to mean or include the opposite gender, and the singular form shall be construed to include the plural and the plural the singular, as the context requires or admits. The captions of Articles, Sections, and subsections used in my will are for reference purposes only and shall have no effect on the interpretation of my will. (c) Notices Whenever my will calls for notice, unless otherwise stated, such 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. The notice shall be effective on the date of personally delivered or the date of the return receipt. If there is proof of mailing and the return receipt is not received, notice shall be effective on the date it would normally have been received via certified mail. (d) Severability The validity 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 11 of 13 I, John J. Kane, the Testator sign my name to this instrument on August 16, 2002, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and testament, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. n J. Kane, T ator Signed, sealed, published and declared by JOHN J. KANE, the testator above named, as and for his Last Will and Testament, in our presence, and we in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses: Witnesses: Witness ~,~ Wi e Address: ~sa~ Ave. ~~ gos l.~c~.of- ~~ rn~Cl'iu.n~~rch~ ~ ~A ~ 705 S Page 12 of 13 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN ) We, JOHN J. KANE, and I'7lR.raa,re~- (Yl . ~ d2 r I ~ fze.n , the testator and the witnesses, re pectively, whose names are subscribed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Will 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 Will as witness and that to the best of each such witness's knowledge the testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. N J. KA C~cP Witness Witn s Subscribed, sworn to and acknowledged bef r me by JOHN J. KANE, the testator, and subscribed and sworn to before me by and -~a-.-a«-r-e~t -m• ~,d-eyb~+ze.~ ,witnesses, this 16th day of August, 2002. Notary )public + I) `" Notarial Seat Lower Paxton~~' Dan Public pr My CortnN~ion ~iCPiraa~l& ZOd6 Page 13 of 13 First Codicil to Will of John J. Kane I, John J. Kane, a resident of New Cumberland, Cumberland County, Pennsylvania, declare this to be the First Codicil to my will dated August 16, 2002. 1. I revoke Article One, Section 1.02 of my will in its entirety and substitute the following in its place: Section 1.02 Contingent Distribution of Tangible Personal Property Any tangible personal property not disposed of by a written memorandum, or if I choose not to leave a written memorandum, I give such property not disposed of to Kenneth C. Aucker, Jr. If Kenneth C. Aucker, Jr. fails to survive me all such property shall become part of my residuary estate. 2. I revoke Article Two, Section 2.02 of my will in its entirety and substitute the following in its place: Section 1.01 Disposition of My Residuary Estate I give my residuary estate to Kenneth C. Aucker, Jr. If Kenneth C. Aucker, Jr. fails to survive me, then I give my residuary estate to Holy Name of Jesus Church, 6150 Allentown Boulevard, Harrisburg, Pennsylvania. If Holy Name of Jesus Church is no longer in existence and has no successor in interest or its successors in interest cannot be identified with reasonable certainty, then I give my residuary estate to Hospice of Central Peru~sylvania, P.O. Box 266, Enola, Pennsylvania. Except as amended in this first codicil, I re-declare and republish my will. N n ~--.. ~~ c p ~ _, ~- c~ - ' ~ ~ . n i cn ~ U'ti ~ ~ .+ q ~:_ ~. N N Page 1 of 4 I John J. Kane, having signed this Will in the presence of S ~ ~~ ~ . ~~~and .~C-. ' u'e.G~ Ark ~oc~. who attested it at my request on this day, ~ , 2006 at Harrisburg, Pennsylvania, declare this to be my first codicil. J J. Kane, T ator The above and foregoing first codicil of John J. Kane was declared by John J. Kane in our view and presence to be his first codicil and was signed and subscribed by the said John J. Kane in our view and presence and at his request and in the view and presence of John J. Kane and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the first codicil of John J. Kane on this day, .~In~ C ~ , 2006. ~• esiding at s--S~ z P -Q~ I7i11 residing at ~a~ ( c~.1~~ltilQ/t_l-ems ~~ ~s~~ p~ i~~/i Page 2 of 4 PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, John J. Kane, 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 first codicil; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by John J. Kane, the testator, this day, ~~ ~-- ~ 3 , 2006. ,~~ Jo .Kane, Te or ~. Not Public N1N10NWE T I Notarial Seal Amy M. Moys, Notary Public (,over Paxton Twp., Dauphin County My Commission Expires an. 29, 2008 Member, Pennsylvania Asscciatlen of Notaries Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN We, S..s~, E , l.-e~.Qre~and f,~ ' ~ ~t~&'t~e ~,(1~~,~, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his first codicil; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the first codicil as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. ~ . ~~ ~~ Witness itne Nota ublic COMMON EALT ~ PE SYL Notarial Seal Amyy M~. Moya, Notary Public Lower Paxton Ti~vp., Dauphin County My Commission Expires Jan. 29, 2068 Member, Pennsylvania Assccfation of Notaries Page 4 of 4