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HomeMy WebLinkAbout03-12-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of RUTH A. COMMINGS also known as Deceased COUNTY, PENNSYLVANIA File Number t~.L ~ '~ ~-1 V VV`- 1 Social Security Number 168-24-7594 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 / aze the Executor last Will of the Decedent dated January 4, 2008 and codicil(s) dated None (State relevant circumstances, e.g., renunciation, death ofexecutor, etc.) ~ Q .ta --,- "`=`t - ~7 3 "-~~ Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution o~ ~ ~rt~trumc~s) off~te(1 ~- for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No Exceptions ~ F ~'~ t~i-'~ -- ~ ` ~' t'-i --ts ~\ ... < :' 1 B. Grant of Letters of Administration ~ ~=_i -"--: (I,fapp[icable, enter: c.t.a.; d.b.n.c.t.a.; pendentelite; duranteabsentta ditraA~inoritate) ~ :"'j _,,~ C ~? r _ ' "'~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following~ouse (if any)~d heirs: °(If.? Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) W (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 111 Farm Road Newville PA 17241 (List street address, town/city, township, county, state, zip code) Decedent, then 79 yeazs of age, died on December 1, 2008 at Masonic Village Health Care Center, W. Donegal Twp. Decedent at death owned property with estimated values as follows: (1f domiciled in PA) All personal property $ 5,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ 0.00 (If not domiciled in PA) Personal property in County $ 0.00 Value of real estate in Pennsylvania $ 0.00 situated as follows: None 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: i ature T d or tinted name and residence l ~~~ S Richard A. Commings, 111 Farm Road, Newville, PA 17241 named in the Form RW-O2 rev. /0./3.06 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. ~, /I ~ Sworn to or affirmed and subscribed before me the ~_ day of i Fart gister of Personal Representative ra Signature of Personal Representative ~ © ~ j .._- -_,- ~ , -7 -7~. 3s r ~ ~" _,,a ~;,, r-- Signature of Personal Representative ;,~ i-r1 ~„ ~~~ N :? ~~G`- ~ ~`' ~ ~_ ~ File Number: ~~ ~. ~ C.a Estate of RUTH A. COMMINGS _ ,Deceased Social Security Number: 168-24-7594 Date of Death: December 1, 2008 ~"~ =TJ i ;-_~ - :~"~ `~ ; 3 ---- T` :, __ ._~ ;:~.: 'ri :-~1 AND NOW, ~vi ~ Nl.WllAl. ~ d"1 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to RICHARD A. COMMINGS in the above estate and that the instrument(s) dated January 4, 2008 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of decedent FEES L(~Cl~ ~~ Register ojWill Letters ............... $ s Short Certificate(s) ........ $ ~ Attorney Signature: Ration(s) .......... $ Attorney Name: Low R. Gates, Esquire ... $ • • • $ Supreme Court I.D. No.: 46 79 -, .. $ Address: 1013 Mumma Road, Suite 100 ... $ • • . $ Lemoyne, PA 17043 ... $ ... $ $ Telephone: (717) 73t-9600 .. $ TOTAL .............. $ ( ~-~" Form Rw oz rev. 10.13.06 Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 P 14936636 Certification Number Nlo 7 <2 `L L O Y ,- This is to certify that the information here Given is correctVy copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will he forwarded to the State Vital Records Office Cor permanent filing. r DEC ~ s 200 ~'~"~~~ Local fegistrar ~ Date Issued C7 a x:y O ~.~~r _ ~.y i -~~T ( °_l 'I C i i`~ ~ '-~ -~,` __ ~ C~ J ~ ~ -. W ,-td3 REV nrzooE COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS yPE; PRWT IN PERMANENT CERTIFICATE OF DEATH BLACK INN (See instructions and examples on reverse) STATE FILE NUMBER 1 Name d DecaMa (First, m+dde. laq. stdfial 2. Sea 3. $awl Secudy NuntDr d. Dete of Dern (Moo)n. ny. year) RUTH A. COlIMINGS female 168 -24 -7594 December 1, 2008 5 Age (last &rtMay) Udder /year Under 1 w 6. Gale d BiM (MOrnh, day, year) 7. BiNplxe (CM ~ state a br ( 6a. PNCa of Deam (Ctwd on nrk) Npww WYS rburs AIyeM MD~Illal: O M &~. r 7 6 79 rrs 9/25/1929 POttSV111e PA ^ Inprienl ^ ER r 0umairenl ^ DOA u Nursing Rome ^ Resderce ^Olher Specify &. CNnry d Death &. City. Born. Twp. d Dealn 60. Fadley Name (K nd iretlnleorl, qve slrcN and nunlher) 9 Was Decedent of M,spanic Ong,n? ~ No ^ Ves 10 Race: Ameir n Indan, Black. Wlyle, etc Lancaster W. ~yv~a~a.~~ +M~+ ~~r' is Vlll Health Care Center ~e myr,apeaycvoan Mesinn. Puam Rican. etc.) ,sue white -11. Deradmys UsuL Eon Kid d wont do ne ~ mml d ~ Ne. Do not skk reere0 12. Waz oecedanl ever b tlo 13. Decena's EdKaEOn (Spedfy only hMgneat gads amp lelad) t0. Marital Status: Martied, Never Marnd, t 5. Sunning Spo use (11 wile, give maben name) Kind d Wan Kind d BIMirBfa l YdusEy U.S. Armed Faces? Elementary /Secondary (P12) College Its a 5.) WbovaH. DrvorceO lSDacIM homemaker elm home ^rea pNa 12 wit9atred N/A t6. Decenrlfs Mrkg Amens (steel, dry ~ town. state, nP cadet 1 Masonic Drive DecedeN's PA Did Receded la t 7~ ®yea, oenora Lked ~ W • Donegal "~' ~ t7. Skk r~ Twp thtam PA 17022 Eli b u ,7D.away Lancaster ,7d ^ Np.DecedraWadwilm za e Adual LeriD d City r Rao f 6. FamKS Name (Fast nadda, kfl adfi) ~•~ Ric3tarda 19. IMEw's Name (Faso midde, nlaidell rarlrr) Alma Strickler 20a. naennrrl•s Name Rype ~ PAM) 200. ha0mwa's Nainp Amer (5beel. caY / btsn, mss. xiv coda) ~~~ s 111 Farm Rt9. Newville PA 17241 21x. MMlnd d D.PoaKlat ~ GwleEOn ^ Dortatlm 210. Dm d DNPO.Man (MppE. day. year) 21c. Plan d Diyoaian RYra d orrYy, a.n.bry a door plrt) 21d. LonEOn Icily / lasn. mk, np ride) ^ Fbrmval non ~ N4a Crrllen er Dalawm AWOrhr p omx : hraaalEardnarycaarR prr^NO 12/3/2008 Evans Crmtation Service Letola PA 17540 22a r rsdl) 22D. Licanae 2 ?Zc. Nrr aM Adassa d Faciry ~ ~~ ~ FD-01 27-L Heilig Fta~eral Home, 21 W. !lain St.a Motmt Joy PA 17552 ComplNe note z3as ary who 23a to me oea d try IabwNdpa, drm at h tlns, ~a k ~l d W c a atMe d. tSi~Wln s d EM) 23b. Ibsrw NumEer z3c. Dot. Sgr+d (Haan. hy. YrA l ~ ~ / ~ ~ ~ ~ r ema d s~.G-d~~F1 Y V 2~ ~-v/~^- l/~.1Yt 44 c~ 2`n( zS ~~ ~ ~ L ; O g ~~ ~ M {~(Z j ZL ( . , or a deYN D . . 1 . Mars 2426 mot r mrlPlatr oy aaam 2A. Tana d Dwm 25. Dek PrmouKad Dead pAodD, dry, year) 28. Wr Case iblerred b Ale6c~ Ewrwler I Corma for a Moron OIMr 1Dan Craratim a Dorlstlmn ah pronanor ram. I:aS p M. 't>~,,CEM (j {/(z ( 1 2v08 ^vr !"~n/o CAUSE OF DEATH (SM Ilrtructlons and a:anpkst) r Apprordnak irrval: PM 11: FnNr oEw ~ 2B. Oid ToEeav flee Carslmlae b Derr? hem 27. Pan t. Blbr Ins map.Kp/OIF - dawesa ijtaks. a aanpinnar - arl6asy creed Es dwm. DO NOT sort IemIYW arpb sam Y nrdec arrest. r Drool b Dean rasprakKy amass a verrineer wiaW afbwhq me arbgy. W aMy ors cause m sad) fine. r M ml nMaq m aw wdrAeq carp gNen n Pen t. ^ Yes n PooEaEM ~-,/" n~n ^ lAa r ' o°° anw aKrddon Iea/Erg ~t a ~,.~ . u K ~'- erf C J t -~ a . 29. K Fentak b(ara ~ ^ Na a«qw we,b can yW ~ SepIM11Wy IiSt awldEma. a arty, D. k d b fi ^ Pr09sra al rre d OaYn a lg at ~.s Duo to (a as a mueptorln oQ: ~ Fnf r Ble ^ Na aegwa, as aegap wiM t2 days ~ w ~~~ c. s r++~19 ^ 1 LASF dawh ~ b (a r e arreepkrp cry: i ^ Nd aegnra, tea pleglrp d3 says b I yesr e. ' oche wean ^ thrmwn d preQMlp a1Ew1 me past year 3Ba. Was r Adgzy 30D. Wem Aubpry Fndrpe 31 Marssr d Desm / 32x. Dm d EMtaY (MpflEl, day, yert 320. 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Ypl to the Dar d dY broelsdgs, dwb oxurrad al lIM tlnre, dak, and pb, rtl rIr b tM aArr(q and mwrr r aksaa. _ _ _ _ _ _ _ _ _ _ _ ------ M dk lE h yC ~ ~ yL k tc - ~ ~ > ~ e a aam rr aaw ~ ti ~ On Dre Irk d aaanrhullon and f a MlvaatgaUwL In my opWOn, daatll rleesand r die Illlk, oak, altl plan, artd dr k tls aAw(al and nlarlrkr r akNd- ^ 3a Nerv d P wo c t l x C f Ik I t e e o e e ause o am ( tem 2n ype ~ Print ~ ~ a t Dsbd 13 i ~. i 3 156 I ai "; "° dry ~ Q 3 ~ ~~ ~ ~ ~~'~- ~ ~ ~~~w ~>~ , ~ ~ z >_ V Disposhion PemM No. `' V r . LJ y' F' ~ / r•a o _.~, LAST WILL AND TESTAMENT ~ ~ .- ~ ` ' ~_- ~ ~ , ~ __ ;--- %' m ~ ` ~~ OF .-r > f: <~_ a ~ `~ ~ -t, -t`t RUTH A. COMMINGS ~-' ~ ~ = - P:1 I, RUTH A. COMMINGS, now of 111 Farm Road, Newville, Cumberland County, Pennsylvania 17241, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family BackEround and Apaointment of Executor. (A) Family and Background Information. I am not married, as my husband, ALLEN B. COMMINGS, has predeceased me. The children of our marriage are RICHARD A. COMMINGS and JODY A. COMMINGS. Throughout this Will, RICHARD A. COMMINGS and JODY A. COMMINGS will be referred to as "my children". The word "issue" will include my children as well as my other descendants. (B) AQpointment of Executor. I appoint as my Executor and successor Executrix (all hereinafter referred to as Executor or Executors) under this Will, the following named persons or corporations to serve without bond and without being required to account to any Court: Executor: My son, RICHARD A. COMMINGS. Successor Executrix: My Friend, CABBIE M. CAMPBELL. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is "THE RESTATEMENT OF THE RUTH A. COMMINGS FAMILY IRREVOCABLE TRU5T dated July 15, 1993, as restated on January 4, 2008, by and between RUTH A. COMMINGS, as Settlor, and RUTH A. COMMINGS, as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will, out of my residuary estate, without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property a LAST WILL AND TESTAMENT OF RUTH A. COMMINGS PAGE 2 passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath to my children all tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to be divided among them as they may select in as nearly equal shares as is practical. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. If either of my children, RICHARD A. COMMINGS or JODY A. COMMINGS, is not living on the sixty-first (61st) day after my death, I bequeath such tangible personal property to the issue of such predeceased child, per stirpes. If there is any disagreement as to distribution, I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my issue maybe distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary Gifts. (A) Residua ,Gifts. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to beheld, administered and distributed pursuant to the terms thereof, as the same maybe amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. (B) Distributions During Administration. Prior to final distribution of my estate, the Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. A distribution maybe made subject to any indebtedness or liability of my estate. FIFTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, -~ LAST WILL AND TESTAMENT OF RUTH A. COMMINGS PAGE 3 encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SIXTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as maybe generally conferred from time to time upon him bylaw: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such deeds, documents, and instruments as may be deemed necessary or proper, including the following powers, all of which maybe exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property, real, personal or mixed, at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries, except that the Executor may not invest in any securities issued by the corporate Executor, or issued by a parent or affiliate company of such Executor. (3) To retain for investment any property deposited with the Executor hereunder; except that the corporate Executor may not retain for investment any stock in the corporate Executor, or in a parent or affiliate company of such Executor. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the ti r~, LAST WILL AND TESTAMENT OF RUTH A. COMMINGS PAGE 4 Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate, including the power to borrow at a reasonable rate of interest. (8) To retain and carryon any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carryon the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is an Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the trust as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to the legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such G, ~l~ LAST WILL AND TESTAMENT OF RUTH A. COMMINGS PAGE 5 distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. (F) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published fee schedule then in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (G) When the authority and power under this Will is vested in two (2) or more Executors, the authority and powers are to beheld jointly by the Executors. Only a majority of the Executors may exercise any authority or power granted under this Will or granted bylaw, and may act under this Will. Any attempt by one such Executor to act under this Will on other than ministerial acts shall be void. The actions of a minority of the Executors under this Will maybe validated by a subsequent ratification of the act by a majority of the Executors. SEVENTH: Rights and Liabilities of Executor. (A) No bond or other security shall be required of any Executor. (B) This instrument shall always be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment of the estate, the overall performance of the entire estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for LAST WILL AND TESTAMENT OF RUTH A. COMMINGS PAGE 6 performing similar services during the time which he/she performs the services. EIGHTH: Tax Elections. In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer Tax exemption as will fully exempt any generation skipping transfer which may occur under this Will. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary, including my spouse, who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired, including income, which may belong to a Trust at any given time. (C) Children. Except for discretionary distributions, which may be made unequally among a group of persons, and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person, the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one share and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F) Captions. The captions set forth in this Will at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (G) Powers of Appointment Exercised. By this Will I hereby t LAST WILL AND TESTAMENT OF RUTH A. COMMINGS PAGE 7 exercise any Power of Appointment which I may possess at my death. IN WITNESS WHEREOF, I, RUTH A. COMMINGS, the Testatrix, have to this my Last Will and Testament, typewritten o eight (8) pages, including the Acknowledgment and Affidavit, set my hand and seal this ~ day of January, 2008. ~, ~711VYi U~'~ R TH A. OMMINGS Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding ins t consists of this and seven (7) other consecutively numbered typewritten pages includin th Acknowledgment and Affidavit. residing at LS ~ ' --~ name ing at 1~ O t ~.i e~ SP~2i ~C~57 ~rt C,~c.. ~ . r=Q A ~1~.~-r~~ (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF C ~ m ~v~e r` ~.c~ vt C~ ; The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. /`~ o(~ ~i `~ Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this C-! ~ day of January, 2008. ,/f ,,, ~ ,~ <~~.> ,~. . ~ Y _ .. ` >' t '°~ .y ~c My Commission Expires: COMMONWEALTH OF PENNSY ~v.ii'v;r Notarial Seal Victoria M. Rankin, Notary Public °Norrntey5bur9 BonCov.~C. u~m. b~eyrl~anMd County My ~~ ExpMes Aug. L / r ~~ Member. °ennavlvania Association of Notaries