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HomeMy WebLinkAbout02-25-09,~.," PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of LEO S. DRZAL also known as Deceased COUNTY, PENNSYLVANIA File Number t `1 I " ~~ ~ ~ ~~ Social Security Number 279-09-2522 TENA L EMBICK of Camp Hill PA and MARY LOU ROE of New Cumberland, PA Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or 'B' BELOW:) ©/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Co-Executors last Will of the Decedent dated January 5, 2004 and codicil(s) dated None (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: Q B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Wil] and was survived by the following spot Administration, c. t. a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) 1 (COMPLETE INALL CASES:) Attach additional sheets if necessary. A any) and rs: (If .o ~: ~ ~ ~ ' C ~ "} - . - ,.7 ~ ,. _ ..., l _ - 1. TI ~' ~ ~ ~_. _~- j N .. _. - <" ~ ?'r`i ~ ...,. t Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at 1293 KINGSLEY ROAD CAMP HILL PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 89 years of age, died on DECEMBER 11, 2008 at SELECT SPECIALTY HOSPITAL, EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 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 $ 297,951.00 situated as follows: 1293-1295 Kingsley Road, Camp Hill, PA 17011 Tena L. Embick, 712 Harding Street, New Cumberland, PA 17070 \ \\ '\ `1 J _ ~ Mary Lou Roe, 1706 Kent Road, Camp Hill, PA 1701:1 named in the Form RW-02 rev. 10.13.Oh Page 1 of 2 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition anti the grant of Letters in the appropriate form to the undersigned: z. 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 `rte ~ before me the ~-~ day of t ~ ~t. ~~ ~ _~ For the Register !~ ~, '~ Signature of Personal Represe alive ~~ ~ ~~ ~~ Signature ofPerso Representative ~! Signature of Personal Representative File Number: ~ ~ - (~Cf - Estate of LEO S. DRZAL ,Deceased Social~S~ecurity Number: 279-09-2522 Date of Death: DECEMBER 11, 2008 AND NOW, oCJ~ ~ ~ ~~P~U.Qa'l.~ G~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, I IS DECREED at Letters TESTAMENTARY are hereby granted to TENA L. EMBRICK and MARY LOU ROE in the above estate and that the instrument(s) dated JANUARY 5, 2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))_of Decedent FEES ' Letters ............... $ ~ Q• ~y Register of Wills Short Certificate(s) ........ $ ~~{• ~ Attorney Signature: sG ~ ._....._ Renunciation(s) .......... $ $ ~ ~ ('~ Attorney Name: C IG A. HATCH, ES Q• _ ,~ • • $ ~ ~~~ Supreme Court LD. No.: 76361 ~~vma-~~v~ ... $ ~. ... $ Address: 1013 Mumma Road, Suite 100 . • • $ Lemoyne, PA 17043 .. $ .. $ $ Telephone: (717) 731-9600 ... $ TOTAL .............. $_ .0.99 Form RW-01 rev, lOJ3.06 Page 2 of 2 105.805 REV (01(071 _ - _. _ ~ ~ _o ^ ~/~. _ (~f/ ~ ~ J LOCAL REGISTRAR'S CERTIFICATION OF DEATH 7 WARNING: It is illegal to duplicate this copy by photostat olr 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 Record's Office for permanent filing. P 1500530 Certification Number ~ Local 72 gistrar Date Issued C7 0 -- - _ __ - - _ _- -~ © ..~,,, ..ca T :. ' <, ~ __ ___ ~ . _n - - -- -- -- --- - -_ 'Y'~ , 1 f 1 , .~ ~ ' ,,. -~ r~ N ~ :... r- ,~ ' ~ __ z~ ~. ~ _ 1 c ~'-`] ~ N F" {_ -~ r` r'1 REV nt2ogB COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PRINTIN ~ ~ '? ' MNEM CERTIFICATE OF DEATH ~ u4lc (See instructions and examples on reverse) ~T,r~ r„ ~ ,,,,,,,tee 7. Name d Decades lFlrsl, midde, lest suffix) 2. Sez 3. Social Security Number ~ 4. Dale of DeaM (Month, day, Year) Leo S. Drzal male 279 - 09 - 2522 December 11, 2008 5. Age (Leal Birmaay) Urldel 1 year Urger 1 day 6. Date d Birth (Manor, day, Year) 7. BlNpkca (ciry erM gale a hxeN,A1 cautery) ee. Place of Death (Check aNy one) wa• aye No-.a Ma.a.+ Hoepirol: Onrer. 89 Yrs. April 26, 1919 Cleveland, OH ®mpanem ^EA/Oulpatlenl ^DOA ^NUrsinq Fbnle ^Resalance ^Other~Spedly: 8b. Causy al Deem &. Cey, Bono, Twp. of Death Sd. Fadiry Name Ill rid astindion, gNe street and number) 9. Was Decedent of Hiepana Origin? ®No ^Yas 10. Race: American Indian, Blak, Wtdla, etc. Cumberland E. Pennsboro Twp. In Yas, specHy Cuban, (SpecrM Select Specialty Hospital MexlCan,PUanoRicen,etc.) white 11. DecetleM'a llanl Kintl of work acne ~ rtgst of wo ' We. Do M slate retied 12. Was Decadent ever m the 13. Decedents Education (Spedty any highest prede compbted) 14. Mantel Sahzl: Nerved, Never Monied, 15. Sumvirg Spouse (If wife. give maiden name) Prod Kart d Busaess / IrMlahy U.S. Armed Forces? Elemental! SecOnaary (0-12) College (1-0 or 5+) Vlieowea, DI/orcetl (SpedM Contra Maria er Parts Mf ^Y~ ~c1t+t 12 Widowed w 16.Oxeamt's Maing Address (Steal. oily /town. slate, zip catlel 1293 Kingsley Road Decedents Did Decades Acalal Reaiaelue ,7a. sate Pennsylvania ;M nt.®Yea, Detwdant l.ivetl in Lower Allen rwp Cam Hill PA 17011 P p tro. caamy Cumberland rid.^na, Decades llvW wgnin , Pctuel Umas of Ciry lBOro 18. Pothers Name (FnL mirpe, Iee4 sutra) 19. Homer's Nartre (Flat, miade, maiden wmerne) Ste hen Drzal Aniela Sowa 20a. Inlamant'a Nerve (Type 1 PnnQ 20b. INOmas's MaANg Address (SSeel, ciy ! tam, sWa, zp co0e) Mary Lou Roe 1706 Kent Road, Camp Hill, PA 17011 21a. atetnoa d I%ap0adion ^ Cremation ^ Donaton • 210. Date d Dkwatlon (Homo, day, year) 21c. Place of Dis paslllon (Name of cemetery, crematory a other pleat) 21 d. Location (ciry I town, slate, zip cotla) ®o^met s~pawi-^ R"'°~'lnansalaflt~ r~~/c«anaA°'^Yea^Np December 13,2008 Rollin Green Cemeter y Lower A11en Tw p., PA17011 ~ 22a. Sgnaare licensee (a person actig az such) 226. Licence Number 22c. Name aria Address d FadGty • - FS 012 849 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070 Complete Ilerta ceMYa9 23a. To best d rtry krowletlge, death oaurted al me tune, date and place sorted. (Signature art title) 23b. Laerae Nwnber 23c. Dale Signetl (Mash, day, year) physkien le not a rime d deem to oartliy reuse d Deem. ~, P4,~ ~ ~ congletea ~, ~~ 24. Time of Deem 25. Dab Prapuwed Dead (Nosh, day, year) 26. Was Case Relenerl to Medical Examiner / Canner for a Reason Other than Cremation a Donation? - wlp praauw;es abm. , ~ ~.21 ~ M. Dee.em be.r l 1 2cX~`c~ a ®kro CAUSE OF DEATH (Sae Inetnretiona a,W exampl•a) , Approximate Yaerval: Pad II'. Eser omen ' 29. Did Tobacco Use Cmoibule a Deem? Hem 27. Pan I: Enter the Glut of events -6seases, iywies, a oompNceaom -1ha16recUy caused me deem. DO N0T enter temwlal evend wch as cartllec sneer. I Orael to Deem but na resutlin mare uMe 9 ~ nYm9 muse given In Pea I. ^ Yes ^ Prdxsbly respirelaY arrest, a vergncuar fiWilBtbn rnllqul slgwing tll• ecology. List oMy one reuse on each foe. r I D1ATE CA t ElFina1 II aE U d I ^ No _~Inkmam al ~ r~ i ) g seasea w , ddeea~mm I IdDOn r 29.HFemala: _),. a. Oue to (a ea a on: - - ~ i ^ Nol pregnant wilha pest year SeglendalN fat arldtlma, d any, b, I I r Ies6rp b the cause 9Ned an lea a ^ Pregnant al rime of tleath . r FFNer ilx UTAEAIYWG CAUSE Due to (a as a calsequance oPl: I ^ Nol pregnant, M Pregnant within 42 says (dseese a' ~ wed ~ evert, rewmg n tleeM) LAST. °~ i d ~nh • Due t0 (a as a mncequence ot): I ^ Not pregnam, bW pregnant 43 days Io i year d. r bears deem ^ Unknovm it pregnant witMn me past year 30a. Was an Autopsy 30b. Were Auapsy Fm6rgs 31. Hamer of Deam 32a. Data of leNY (Honor, say, rear) 32b. Describe Fbw Injury Occurred 32c. Place of SUeet Faaay. a e Pedmrad? Avalable Prior to Completion ~, / Wrel ^ ~~ 'tva l t •Z . ` + ~ .~Cf 1 Office B ul rg. el~%SPac N) a cause a Deem? ~ 1 1 ~ ^ Yea ~ ^ Yes ^ No ^ Accident ^ Pendng Invealigelion 32d. Tore 01 Injury 32e. Irqury al Work? 321.It Tranapatstan hqury (Spedly) 3?p. Catalan of InjuN (Steel, city! tam, state) ^ Su'witle ^ Could Na De Detemilea ^ Yea ^ No ^ Orwer / Operela ^ Pasaerger ^Pedestnan M. Omer - Specify. 33a. Certlfix (tlwck only one) h saYrl (Ph Cetta skxan ce ta i se f dorm lh r h ix n B m d Ml 336. S' hxe end Tgle 01 Cend y y r y g cau en am o w a p ys en os pronamcetl 9 p ea an cartyktee Nam 23) Y T f a D g m ~ ~ ~ - le eer o o my gwNage, tlee occumad sue to the cauee{sl end nvraror ae suted_''''''' -'''' - - ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ { . ~f~ik' /' --f~ ~ • PrdlolMloig and cartllyhlg phyekY•n (Physidan Dom pmlaurldng deem and cert9ying l0 cnae d deem) To the beat of m tutoMea e death occurred t the tl derv nd l rt tl t th d ^ 9 ' Y ~ - 33c. Laense NanDar 33tl. Date Si ned Monm, tla ,year) y g , p e me. , a ace, a ue o e cease(s) er manner es slated_ _ _ _ _ _ _ _ _ _ _ _ ., _ _ _ • MedinlExernine,lcaaler U ~~ ~ ~ L ~...- i - -Il - Onthe ba•ie of •xandnetlm art / or invareUganal, ro my opinron, death occurted at ore rime, date, aria pieta, eM sue ro the cwee(s) and manner ae etated_ ^ 34. Name antl Adgreas arson Who Completgtl C;lpse of Deatn (Item 27) Type f Pnnl / 1 aKC ` 35. Registrar ~ are and Dk~ll~ '1 3fi. Dale Filed (Momp, aey, Yeer) ~ /~ ~, ~ ~ C ~/, ~~- .!T7' ~ 1 y,~ l"NCC.~v . J-s'~ a ~ fJ=.) LAST WILL AND TESTAMENT OF LEO S. DRZAL ~ ~ _N T;i T, "l ~ ~ ~ ^,.a ~ "..y I, LEO S. DRZAL of Camp Hill, Cumberland County, Pennsylvania, declare thr~s``~t~'be ~ ` ,~= Last Will and Testament hereby revoking all prior Wills and Codicils. ' -', - ITEM I. EXPENSES I direct that the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM II. TAXES ~~ F All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. ITEM III. TANGIBLE PERSONAL PROPERTY I give, devise and bequeath my tangible personal property to my spouse, JENNIE DRZAL, if she survives my death by thirty (30) days. If she fails to so survive my death, I give, devise and bequeath my tangible personal property in accordance with any memorandum which I have handwritten or signed, located with my Will or with my valuable papers acid found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, I give, devise and bequeath my tangible personal property to my daughters, TENA L. EMBICK, of Cumberland County, Pennsylvania, and MARY LOU ROE, of Cumberland County, Pennsylvania, in such shares as they may agree upon. ITEM IV. RESIDUARY ESTATE All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to my wife, JENNIE DRZAL, of Cumberland County, Pennsylvania. In the event that JENNIE DRZAL predeceases me or fails to survive me by thirty (30) days, I give, devise, and bequeath the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate according to the following: A. I give, devise and bequeath my property located at 1293 Kingsley Road, Camp Hill, Pennsylvania 17011, to my daughter, TENA L. EMBICK, of Cumberland County, Pennsylvania, Per Stirpes; B. I give, devise and bequeath my property located at 1295 Kingsley Road, Camp Hill, Pennsylvania 17011, to my daughter, MARY LOU ROE, of Cumberland County, Pennsylvania, Per Stirpes; C. I give, devise and bequeath my two parcels of real property located on Potts Hill Road, Cumberland County, Pennsylvania, to be held in a Special Supplemental Care Trust for the benefit of my son, DENNIS L. DRZAL, of Cumberland County, Pennsylvania, to be held, managed and administered according to Item VI herein. In the event DENNIS L. DRZAL predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath this property IN EQUAL 2 SHARES to my daughters, TENA L. EMBICK, of Cumberland County, Pennsylvania, and MARY LOU ROE, of Cumberland County, Pennsylvania, Per Stirpes; and D. All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath IN EQUAL SHARES to my daughters, TENA L. EMBICK, of Cumberland County, Pennsylvania, and MARY LOU ROE, of Cumberland County, Pennsylvania, Per Stirpes. ITEM V. SPECIAL SUPPLEMENTAL CARE TRUST Special Supplemental Care Trust for the benefit of DENNIS L. DRZAL: I hereby nominate and appoint my daughters, TENA L. EMBICK and/or MARY LOU ROE, jointly and/or individually, as Co-Trustees of the Special Supplemental Care Trust under this my Last Will and Testament. The share of my estate that is set aside for DENNIS L. DRZAL shall be held by my Co- Trustees, TENA L. EMBICK and MARY LOU ROE, in trust for DENNIS L. DRZAL's benefit in a Special Supplemental Care Trust in accordance with the following provisions: A. INTENT It is my intention by this trust to create a purely discretionary supplemental care fund for the benefit of DENNIS L. DRZAL and not to displace financial assistance that may otherwise be available to him. Illustrative of the kinds of supplemental, non-support disbursements that would be appropriate for my Trustee to make from this trust for DENNIS L. DRZAL include: sophisticated medical or dental or diagnostic work or treatment for which there are not funds otherwise available, including plastic surgery or other non-necessary medical procedures; private rehabilitative training; dental care; recreation and transportation; differentials in cost between housing and shelter for shared and private rooms in institutional settings; supplemental nursing care and similar care that assistance 3 programs may not otherwise provide; telephone and television service, companions for travel, reading, driving and cultural experiences and payments to bring his family or others for visitation in the event my Trustee deems that appropriate and reasonable. B. It is important that DENNIS L. DRZAL maintain a high level of human dignity and that his care be humane. If this trust were to be eroded by creditors, subjected to liens or encumbrances, or cause assistance benefits to be unavailable or terminated, it is likely that the trust corpus would be deleted prior to his death, especially if the cost of care for him would be high. In such event there would be no coverage for emergencies or supplementation to basic needs. The trust provisions contained in this instrument should be interpreted by my Trustee in light of these concerns and this intent. C. My Trustee shall pay or apply for the benefit of my son for his lifetime such amounts from the principal or income, or both, of this trust up to the whole thereof, as the Trustee, in the Trustee's sole and absolute discretion, may from time to time deem necessary or advisable for the satisfaction of DENNIS L. DRZAL's special non-support needs, if any. Any income not distributed shall be added annually to principal. As used in this instrument, "special non-support needs" refers to the requisites for maintaining my son's good health, safety and welfare when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office or department of the state where he lives or of the United States, or are not otherwise being provided by other sources of income available to him. Special non-support needs shall include but shall not be limited to the list of suggested non-support items set out in this article. D. In the event that he is unable to maintain and support himself independently, the Trustee may, in the exercise of the Trustee's best judgment and fiduciary duty, seek support and maintenance 4 for him from all available public and private sources. The Trustee shall take into consideration the applicable resources and limitations of any public assistance program for which he is eligible. In carrying out the provisions of this trust, my Trustee shall be mindful of the probable future needs of my son, but not of the trust remainder beneficiaries. E. No part of the corpus of the trust created by this article shall be used to supplant or replace public assistance benefits of any county, state, federal or other governmental agency that has a legal responsibility to serve persons with disabilities that are the same or similar. to those which DENNIS L. DRZAL maybe experiencing. For purposes of determining my son's public assistance eligibility, no part of the principal or undistributed income of the trust shall be considered available to him. In the event that the Trustee is required to release principal or income of the trust to or on behalf of DENNIS L. DRZAL to pay for benefits or services which such public assistance is otherwise authorized to provide were it not for the existence of this trust, or in the event the Trustee is requested to petition the court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request. My Trustee is authorized, in the Trustee's discretion, to take whatever administrative or judicial steps may be necessary to continue the public assistance program eligibility of DENNIS L. DR7.AL, including obtaining instructions from a court of competent jurisdiction ruling that the trust corpus is not available to the beneficiary for such eligibility purposes. Further, my Trustee should cooperate with the beneficiary's conservator, guardian, or legal representative to seek support and maintenance for the beneficiary from all available resources, including but not limited to, the Supplemental Social Security Income Program (SSI); the Medicaid Program; and any additional, similar or successor programs; and from any private support sources. Any expense of the Trustee, including reason;~ble attorney fees, shall be a proper charge to the trust. F. SPENDTHRIFT PROVISIONS No interest in the principal or income of this trust shall be anticipated, assigned or encumbered or shall be subject to any creditor or to any legal process prior to the actual receipt by the beneficiary. Furthermore, because this trust is to be conserved and maintained for the special non-support needs of DENNIS L. DRZAL throughout his life, no part of the corpus hereof, neither principal nor undistributed income, shall be construed as part of DENNIS L. DRZAL'S estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care by any public entity, office, department, or agency of any state or the United States or any governmental agency. Under no circumstances can. the beneficiary compel a distribution. G. TRUSTEE AUTHORITY TO TERMINATE TRUST Notwithstanding anything to the contrary contained in this trust, in the event that the trust has the effect of rendering DENNIS L. DRZAL ineligible for any program of'public benefit, the Trustee is authorized, but not required, to terminate this trust. In determining whether the existence of the trust has the effect of rendering DENNIS L. DRZAL ineligible for any program of public benefit, my Trustee is granted full and complete discretion to initiate either administrative or judicial proceedings, or both, for the purpose of determining eligibility. All costs relating thereto, including reasonable attorney fees, shall be a proper charge to the trust. In the event of voluntary termination, the undistributed balance of the trust shall be distributed IN EQUAL SHARES to my daughters, TENA L. EMBICK and MARY LOU ROE, Per Stirpes. 6 H. VOLUNTARY CARE It is my wish that subsequent to the termination of the trust for the benefit of DENNIS L. DRZAL, if my contingent beneficiaries are living and distribution has been made outright to them, if DENNIS L. DRZAL is still living because there has been a voluntary termination of the trust in accordance with the provisions of this article, that such contingent beneficiaries will conserve, manage and distribute the proceeds of the former trust for the benefit of DENNIS L. DRZAL to insure that he receives sufficient funds for his basic living and supplemental needs when public assistance benefits are unavailable or insufficient. This request pertaining to the use and management of the trust proceeds after the termination of the trust is not mandatory, but is an expression of my wishes only. I. BENEFICIARIES OF TRUST RESIDUE UPON DEATH OF DISABLED BENEFICIARY Unless sooner terminated, the trust created for DENNIS L. DRZAL shall terminate upon his death. At that time all remaining trust assets shall be distributed IN EQUAL SHARES to my daughters, TENA L. EMBICK and MARY LOU ROE, Per Stirpes. J. TRUSTEE'S POWERS Subject to the requirement that my Trustee be prudent, my Trustee shall have full power and authority to manage and control the trust estate and to sell, exchange, lease, rent, assign, transfer and otherwise dispose of any or part thereof upon such terms and conditions as my Trustee may, in my Trustee's discretion, deem proper. My Trustee may invest or reinvest <~11 or any part of the trust estate in such common or preferred stocks, bonds, debentures, mortgages, deeds, deeds of trust, notes and other securities, investments of property, including common trust funds, which my Trustee, in 7 my Trustee's absolute discretion, may select or determine. It is my express intention that the Trustee shall have full power to invest and reinvest the trust funds as I might do if living, without being restricted to forms of investments which Trustees may be otherwise permitted by law to make, and without any requirements as to diversification of investments. My Trustee may continue to hold in the form in which received, any securities or any property which I might own at the time of my death or which my Trustee may at any time acquire hereunder; and may invest any part of the trust funds in property located within or outside of the Commonwealth of Pennsylvania. My Trustee is further authorized to invest in life, annuity, accident, sickness, including disability, and medical insurance on behalf of and for the benefit of the trust beneficiaries. My Trustee shall not be obligated to undertake litigation for collection of any benefits or assets payable by reason of my death including, but not limited to, such benefits under life insurance policies, employee benefit plans or other contracts, plans or arrangements providing for payment or transfer at death which are payable to my Trustee unless my Trustee is indemnified to my Trustee's satisfaction against any liability and the expense of such litigation. Payment to my Trustee and the receipt of or release by my Trustee shall fully discharge any payor, and no payor need inquire into or take notice of my Will to see to the application of such payment. My Trustee shall, in addition to the powers granted above, have all powers otherwise granted under the Pennsylvania Fiduciaries' Powers Act as amended after the date of my Will and after my death. My Trustee shall specifically have the powers to invest in non-income producing assets. K. UNSUPERVISED ADMINISTRATION The trust created by this Will may be administered by my Trustee free from the control of any court that may otherwise have jurisdiction over my estate. ITEM VI. EXECUTOR I nominate and appoint my daughters, TENA L. EMBICK and MARY LOU ROE, as Co- Executors of my Will. I direct that my Co-Executors be permitted to serve without bond and in addition to those powers granted by law, I grant them power to sell both real and personal property, at private or public sale, to invest cash without being limited to statutory investments, to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. ITEM VII. EXECUTORS POWERS In addition to the powers conferred by law, I authorize my Executors, in their absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without. being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, 9 (h) to employ any attorney, investment advisor, or other agent. deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, LEO S. DRZAL, hereby set my hand to this my Last Will and Testament, on ~ ~ ~, 2004, at Harrisburg, Pennsylvania. r ~ LEO S. DRZAL ~ In our presence, the above-named LEO S. DRZAL signed this and declared this to be his Last Wili and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Name Address irxa(~ ~ ice. 5~.~~31~-1bC~~~~i~® y~i o io I, LEO S. DRZAL, Testator, who signed the foregoing instniment, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by LEO S. ~RZAL, the Testator, this ,5 day of ~ , 2004. Notal; Public LEO S. DRZAL Notarial Scat Mile ~ Hazen, Notary Public ~ of Hattitburg Dauphin County Y ~m>hiiuioa Expires Sept. 23, 2006 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by i and 1 ~ . i witnesses, his _; day of ~z,-,,,,uc.~--~ 2004. L~ N Notarial Seal Marielle F. Hazen, Notary Public City of Harrisburg, Dauphin County MY Commission Expires Sept. 23, 2006 ~ 11