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HomeMy WebLinkAbout11-13-08Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Frederick A. Kovacs No ~ ~ - U~ ` 1 ~ CuV also known as ,Deceased Social Security No.133-07-9960 Petitioner(s), who is/are 18 years of age or older, apply(ies) for (COMPLETE "A" OR "B" BELOW:) named in the Last Will of the State relevant circumstances, e.g., renunciation, death of execu Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of for probate; was not the victim of a killing and was never adjudicated incapacitated: (~ B. Grant of Letters of Administration A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix Decedent, dated 7/20/2001 and codicil(s) dated a., d.b.n.c.t.a.: pendente lite, durante absentia; durante mi Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was su (if any) and heirs: r r-~, tti~~ cuments~'lfered r __~ ~ „~ W -i ~_J _( I b`e followl7~'tj spouse~~ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 5315 Cobblestone Drive Mechanicsburg Lower Allen Township, Pennsylvania (list street, number and municipality) Decedent, then 87 years of age, died November 7 , 2008 , at Holy Spirit Hospital (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PA) All personal property ......................................... $ 109,000.00 (if not domiciled in PA) (If not domiciled in PA) Personal property in Pennsylvania .................... Personal property in County .............................. Value of real estate in Pennsylvania ........................................................................................ Total ..................................................................................................................... $ 109 000.00 Real Estate situated as follows: 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: O 1 . J ^ On ~ ~ ~ Signature% ` _ - A Typed or printed name and residence Shirley I. 5315 Co Drive PA RW-7 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Oath of Personal Representative Commonwealth of Pennsylvania COUnty Of Cumberland The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed before me this ~4 day of ~~ ~~ /' ' ~ DECREE OF REGISTER // 114 Estate of Frederick A. Kovacs Deceased No. ~ I - V O ~, ~ ~~ U ~ J - C~ also known as ~. r C? ~ __ .= Social Secu typlo: 13~~ 60 Date of Death:11/7/200$- ~? ~ ` ~., AND NOW, ~~ ~ 2008 , in consideratlano#tllje Petition - -' on the reverse side hereon, satisfactory proof having been presented before me, ~_ ~ ~ t ~ ~ ~_- `~ , , IT IS DECREED that Letters ~ Testamentary ^ of Administration ~ -' `.~. ' ~' (c.t.a., d.b.n.c.t.; pendente liter durante absentia; dugr~te minoRfat~J'~ are hereby granted to Shirley I. Kovacs in the above estate and that the instrument(s), if any, dated July 20, 2001 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters Short Certificate(s) ............. Renunciation ...................... Affidavit ( ) ................... Extra Pages ( )........... Codicil ............................... JCP Fee ............................ Inventory & Tax Forms...... Other ................................. TOTAL $ ~"' $ v.~ ~~ $ ~ ~~ $ " ~~' ~ Attorney: Linus E. Fenicle I.D. No: 20944 Address: 2331 Market Street Camp Hill PA 17011 Telephone: (717) 763-1383 DATE FILED: RW-7A ~~ ttorney ul..urlcpr.Y.-rr~~,~, ~ Fee for this certificate. $(i.(10 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. P 1.50~7L1~ _ Certification Numher n105-143 REV It/20pg TYPE I PRINT IN PEgMANENi BLACK INK I I. Name d Decedent IFirw, natMle, last, sunixj 5. Age ILasl Birthday) 87 Yrs ab coanry d Dean 1{ i 1~ 0 z JAYS I IWwz ~ Mnwies ;,, ,,tr~~~,~ZN OFPfti ,,~~`~~~ ~'ys=; a~ / ~ ` ~_ f% ,~ r~Z` v~ y ~. ~a~ ~`'Oq~ P,`~,d _~91M NT ~F~~~`~,,, ~~ -f 1~U This is to rertif~ that the Infurn)ation here girtn is correctly copied From an ollgirrjil Certificate. of D(aath duly Filed ~~~ith me as Lo(al R~.~,15trar. The orl~inal certificate will he forwarded )o the Stute Vital Records Office lur per~~ma~~nent filinll ~_~ Loca( Registrar Date Issued rv ~-- O r~ ~~ tJ p - Y - ~,~, r- )~ ~ 't ,--, C ~ xs - ; r-. COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS l ~ , .E i ~` J .~_ __. CERTIFICATE OF DEATH ~~ (See Instructions and examples on reverse) -Li ~ ~ _I i STATE FIIE Nq ~ - 2 ~" 3. Sodal Security Nurtaer 4. Dale d Deam IMaun, r) - Ma~P 17Z - n-z .... ~,. - uecemoer .i0 1920 New York NY ®m bent „met City, Boro, Twp of Deals 8d. FaciYly Name In nd iuddion, ~ ^ ER / Ompalienl ^ DOA ^ Narsing Moms ^ ge„denca ^omer - spe<~ly. give street an0 nurser) 9. Was Decetlad d M~spanlc Orl in? ®No ^ 9 Yas 10 Race. Amerrcan mtlian, Black, Wnile, we ast Pennshoro In yes, speciry Cuban, I~aN Hol S irit HOS ital Mexican, Puerto Ryan eto) moss d arN _ __.._ _ Kind of WMx w bfe. Do not stale retired Knd d Business I Industry 12. Was Decetlenl ever w Ise U.S. Armed Farces? 13 Dece0enl'6 Educallan (~'ry Only nghesl grade canpated) 14. Marital SIaWS M i TY1 `1 to Contractor Construction Yea ^Na Elementary ] Secantlary (0-12) Cortege (1-4 or 0a) . arr eq Never Marrred. Witloweq DHOrced I SpaaYy) 15. Survivin 9 Spouse III carte, ryve maiden narrwl ,O. DeaedenYa Mallmg AGlreaa tarsal,city/town. elate, zip cede) 5315 Cobblestone D i Decedents ACIaW R gd 12 Penns l i Dil Decetl Married ed Shirle I MOu r ve Mechanicsburg, PA 17055 e an"e I]a Stale vb wanly y van a uvema rownanip~ ']` ~ ra,,De°aaEnlL~xaJm_~wer Allen Twp Ctunberland Ip. Famer's N am e IFisl. rriidde. lass wnrxl nd. ^ No. Deaeaem Llxad wxnrn ^ ~ _ , JW LLl KovaC$ YKlual Lim d ~ ~- 19. Mo th er' s N ame (First, rdtlde, maiden wrnamel Gly: Baru 20a Inbunant's Name (type/ Pnnll T T ~ , ' Anna Mar ardish Shirle I , - Y Kovacs 200. IdomwnYS Matting Addess ISaeet city! town, stale, zp coda) 21x. Method of DrsposOicn ~cremalan ^ DUllalwn 21 b D t d 5315 Cobblestone Drive Meehanicsbu ^ Bunal ^ Removal Wool State ^ Diner ~ / - Was Cremation or Donadan Aulhadre0 'Y I b Y 0 ' . a e Disposeion IMonm, daY, Yam) 21 c, PMCe of Disposnan (Name of camelery, crematory or other place) r PA 170 5 210 locwion (City /town stile zi Cotl y e ialExaminer/COroneR ( a bred ~ L ~, elor erw d ~ Yes^NO NOVember 8 2008 Hollis er Cre t , , p el - "~gas~`hl p na y 22b. lkense Nurnher ma o 22c. Name acrd Address d Fadliry Mt.Holt S tin s PA C when u l ms t onl FD - 014889 8 Market Plaza Wa Mal zzi Funeral H Y y g 23x. To Ina a of a Wrvsa n i5 rot avmlade al ame Oeam to mY}no /oC/C~Uynse~d a//l Na IwrJry,~ d/~11q place ,alAd (Sgn cennytausaddaam s'Ivz' k ~ a ~~ ' 1 one M a~,r~~/yr~ ilp ~ echanicsbur PA 17055 230 lk Numhe . C- tJl_ ~ ~- 7~- .~ Items 24.26 must oe canpleled o 2/. i e al Death erso 23c.DaMSiynatllManh Y ri I ' y p n 2h D e awwrcetl Deatl (Modh, tlay, Year) woo pmrlances seam. /, LI % ~ M ' " ~~ Y ~~~ ~ / .^ ~ ` / 4 `~ 26. Was Case Ralerrad to Alerycal Examiner 1 Corare I R r ca a eason Omer mm Cremation or Dorylicvr7 uem 2]. Pan L. Eder vw CAUSE OF DEATH (Sea InsarMCUOne end eaamplep IaWO 9IflYPB6 - Nseases i n . , ryu es, a compacaliorq -mat dxecUY ceuxad pre deem W NOT enter terminal eve raspv wory arrest, a vantrculer IiWiaabon willw u l s to win g the ali WOgY fiat omY oM caaa6 on eacA kw nly such as cardiac arrest, k Approxunap interval: Onset to Deem pen p: Enter apler py ~ ~~ 0rA na resuping a pw undaryin auae i P 28. Dq Taoa¢o UM Cadr4uN b Daam7 ~~F r / ~ / ~ ICO dMm TipSn tleaN) i a. 6_ S~ 1 1 / / l (~ g g ven n ad I. ~ Yp ~ p~r,ba^NY ^ ~ xG7 anknown Du b ( as a rip/nse~ue Q swluenowlyy kal roritllaons, p arty. p, Y ~U S~'~~ ( IFi kadrg to pw cruse tlsletl on kne a 2g. n Female- -~- L./~a aegnant wumn past year Eder pia UNDERLYING CAUSE Due 1 la az a M1 ~ r ^ Pragnad al bow d d m a ~ase w njury pees Idlwtetl me Is rewnxg xr deem) IASt. c l r ee ^ Na pegnanl Iwl pre nant wipes 42 Due M la a5 a Consequence ol): 1 , g Oats d 06am d. r ^ Nd ge¢wnl, 0d pregran143 days b I year 30a Was car Aatapsy Padormed? 300. Were Awopsy Findngs Avaaade Pray to Cornplelion d C f 31 Main of Death N t ral ^ 32x. Date d Injury (Month, dey, Year) l 32D. Describe Row Injury OcCwretl bwae 0batlr ^ Unknown A pregnant wMn ma past year 32 P ^ Y ~ ause o Deem? / ' a u nonuade c. lace d Iryury. Nana farm 5rew. Faaay. Once Balmrg, wc. ISlw+nYy1 es l art; ~] Yas [ u!"' ^ Aoadent ^ Parxbng Invesligalwn 320. T w d InN7 32e. pyury al Work? 321. p Transpo0atwn Inju S ^ Su `~ I 1 Could Not 0a Delenninetl LI ry ( era p ~) ver oN r ^ Ves ^ No rata ^ Passenger Pedewran fig- L°<~~ d Iryury (9ree1, dry /Town, stale) 33x. CeNber Icneck only one) M. ( 7 ~ty • Cedilylnq pnyalc4n IPhysx;urr cemlywg cause of Oenlh cabal nnulhur ynysxnan Iws To pre bat of mY luwwledge, Oeam occurred due to the cau prarwix'etl deem and con~plrad Item 23) selsl and manner as elated 3b S lure an07a ,- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Pronouncing arM cMilying phyaaian IPn siaan Wee To IM bell of my knowledge, death occurretl sl me Irme! d n l l t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • aN, and place, ant drw la me cauae la) a ntl maarar as sMled_ _ _ _ _ _ _ _ _ _ • Metlkal Examiner/Coroner _ _ _ _ _ _ _ _ ^ On the Osaia 1 as albs and / or Invexe ati 33c Lwa N n~ ^ ~ ~~ O~~/ rJ 330 ( / `ab ~e~~ nrtupry. Yeer/ p on, in my ~puu n, deals occurred al tM: tune, Oalu, grid place, end due to p re <ausala) erW manrwr as elated- [. ~ C~ 1 C j ( ~ Rali- c two ar suit' r 34. Name and AOtlress of Pers Wtn Coinplele0 Cause W Death lean 2]I Type ~ Prxrl 1 ' ~ I ~' t 1 ~ I ~ I •-Y I ~,1 ( ^ 36. to Filed (Ma m, tlay Year ~ ~ U ( ~~ • " Y~ I( • ~'`+ ~ Y~,•2 O /L O{k jC l' W~ 1 5 P 2 2~ I ~ Ctn N It-..-_ ~c. I(~ D~apa,man Parma Na. 0251116 she\ctr\wills\KovacsF. Will July 1R, 2001 LAST WILL AND TESTAMENT OF FREDERICK A. KOVACS C7 ~ _ C; ~ i ~,. rr, .,.,_ - c_ -~ .~.~ c.,~ r 'J . `~ _} ;_ ~ ~ y' ~ _+ , ~ ,.,~ c,n - I, FREDERICK A. KOVACS, of Harrisburg, Dauphin County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore made. 1. 2. 3. FAMILY. 1.1 Identification of Family. I declare that I am married to SHIRLEY I. KOVACS and that there are currently no children (as herein defined) of this marriage, however I have one daughter, DEBORAH KOVACS, and one son, STEWART KOVACS, from a previous marriage. 1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean only SHIRLEY I. KOVACS. As used in this Will, the terms "my child" or "my children" refers to all my natural children, adopted children, and stepchildren. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the definition of "children" set forth in this paragraph. PAYMENT OF BURIAL EXPENSES AND DEBTS. 2.1 Description of Expenses and Debts. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the internment of my remains, including the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. SPECIFIC BEQUESTS I give and bequeath the following: A. To my daughter, DEBORAH KOVACS, I give the sum of Twenty-five Thousand Dollars ($25,000.00) cash. B. To my son, STEWART KOVACS, I give the sum of One Dollar ($1.00). ~,- FREDERI K A. KOVACS sheAch\wills\KovacsF. Will July 1$, 2001 5. DISPOSITION OF RESIDUARY ESTATE. 4.1 Disposition to Spouse. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to my spouse, SHIRLEY I. KOVACS, if she survives me. 4.2 In the event my spouse is not living on the sixtieth (60) day after the date of my death, except as otherwise provided, I leave all the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my "residuary estate") as follows: A. One-sixth thereof to my step-daughter, VICKIE L. GRAY, if she survives me. If my step-daughter, VICKIE L. GRAY does not survive me, I devise and bequeath her one-sixth share to her issue per stirpes who survive me. And if my step-daughter, VICKIE L. GRAY does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. B. One-sixth thereof to my step-daughter, DEBRA K. CHRISTIE, if she survives me. If my step-daughter, DEBRA K. CHRISTIE does not survive me, I devise and bequeath her one-sixth share to her issue per stirpes who survive me. And if my step-daughter, DEBRA L. CHRISTIE does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. C. One-sixth thereof to my step-son, DAVID W. LAMBERT, III, if he survives me. If my step-son, DAVID W. LAMBERT, III does not survive me, I devise and bequeath his one-sixth share to his issue per stirpes who survive me. And if my step-son, DAVID W. LAMBERT, III does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. D. One-sixth thereof to my step-daughter, PAMELA RAE SMITH, if she survives me. If my step-daughter, PAMELA RAE SMITH does not survive me, I devise and bequeath her one-sixth share to her issue 2 FRED CK A. KOVACS she\ctr\wills\KovacsF. Will July I d, 2001 per stirpes who survive me. And if my step-daughter, PAMELA RAE SMITH does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. E. One-sixth thereof to my step-daughter, TRACY L. ROGER, if she survives me. If my step-daughter, TRACY L. ROGER does not survive me, I devise and bequeath her one-sixth share to her issue per stirpes who survive me. And if my step-daughter, TRACY L. ROGER does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. F. One-sixth thereof to be divided equally between my step- grandchildren and my wife's grandchildren, LISA MARIE WHITEBREAD, SCOTT CHRISTOPHER WHITEBREAD and TIMOTHY RICHARD WHITEBREAD if they survive me. If any of these named step-grand children and my wife's grandchildren do not survive me, I devise and bequeath his or her share of this one- sixth of my residuary estate to his or her issue per stirpes who survive me. If any of my named step-grandchildren and my wife's grandchildren do not survive me and does not have any issue who survive me, then I devise and bequeath that share to be added equally to the shares of my other herein named step-grandchildren as set forth herein 5. POWERS OF ADMINISTRATION. 5.1 Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 4. These powers and authorities may be exercised by my executor and trustee in their sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to those conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 5.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate or trust, however received and acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately large amount of the value of my estate invested in one type of property. 3 FREDERI A. KOVACS she\ctr\wills\KovacsF. Will July 1R, 2001 5.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or into the trust corpus at or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 5.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate or in the trust corpus in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments are not of the character or proportions authorized by applicable law for the investment of the funds. 5.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate or in the trust corpus to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 5.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in bearer form. 5.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 5.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in any one or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the ~~~ 4 ~ FREDEI~ K A. KOVACS she\ctr\wi] Is\KovacsF. W it I July 1$, 2001 funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 5.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my estate or the trust corpus may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers, or employees of any business, to be compensated without regard to being a fiduciary under this Will; and (3) the power to make any other arrangements in regard to any business as my fiduciaries shall deem proper. 5.10 Employment of Agents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 5.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate or of the trust without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 5.12 Third Party Reliance. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. 6. PAYMENT OF DEATH TAXES. 6.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable as a result of taxes assessed on property passing under this Will shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 6.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. ~~ ~~~~~- 5 FREDE K A. KOVACS she\ctr\wills\KovacsF. Will July 1,8, 2001 7. EXECUTOR. 7.1 Appointment. I name, constitute, and appoint my spouse as executor of my estate. If my spouse shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment VICKIE L. GRAY and DAVID W. LAMBERT, III, shall act as Co-exec>.ztors in her place. 7.2 Bond Not Required. None of the individuals named in Section 7.1 shall be required to furnish a bond for the faithful performance of his or her duties as executor. 8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, (1) my spouse shall be deemed to have survived me it unmistakably appears by proof that she predeceased me; and (2) in all other cases, a person shall not be deemed to have survived me or another person if he or she dies within sixty (60) days of my death or of the death of the other person. 9. LIABILITY OF EXECUTOR. My executor and trustee shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the executor or trustee. My executor or trustee may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, .and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. 10. INTERPRETATION. 11.1 Will Not Contractual. My spouse and I are executing Wills at approximately the same time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will of each of us is revocable at any time, whether before or after the death of the other spouse, at the sole discretion of the spouse making the Will. 11.2 Successors of Fiduciaries. All pronouns referring to an executor or trustee and the terms "executor" and "trustee" shall be construed to mean any person acting as my executor, co-executor, co-trustee, trustee, or administrator, as the case may be. 11.3 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. 6 she\ctr\wills\KovacsF. Wil] July 1$, 2001 11.4 Headings. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 11.5 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of seven (7) typewritten pages, the first six (6 of which bear my signature in the margin for the purpose of identification, this ~-o day of , 2001. ~. F DERICK A. VACS ,TESTATOR Signed, sealed, published and declared by the above-named Testator, FREDERICK A. KOVACS, as for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as wi e es. ~~ Address 2~~~ %y~~!a~~~.~'/ !~j~~ ~ Address ~~k~ / ~~~ ~ /-~~ ~ she\ctr\wills\KovacsF. Will July ]g, 2001 COMMONWEALTH OF PENNSYLVANIA ) it SS. COUNTY OF ~~u~-e~L ~~c~. ) I, FREDERICK A. KOVACS, THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY FREDERICK A. KOVACS, THE TESTATOR THIS ~O ~" DAY OF ~l~G J 2001. NOTARIAL SEAL ~ CASSANDRA T. ROSENBAUM, Notary Public DE CK A. K VACS, Testator Harrisburg, Dauphin County ~..~ My Commission Expires December 4, 2004 1-C~7c. c ~- ~~ Notary Public ` COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ~~.A~iY12_~~-~%ZCPcit~~ I WE, L-~~~,~ ~ , ~~^//CGC AND ~~~ i~~r/ l~: ~.~-/c- THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. SWORN OR AFFIRMED TO AND SUBSCRIBED TO ORE ME, THIS o ,<y DAY OF ~l~C. ~ , 2001. _ , Witness NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Public L /j., Harrisburg, Dauphin County fitness My Commission Expires December 4, 2004 ,,/ ~-- ~d=~~ZF.L=Itr~h Ott ~ *~' ~1l ~~C-L/~-v~~ Notary Public