The URL can be used to link to this page

Home My WebLink About04-30-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of M. Jane Douglass O'Keefe File Number 21-- (~d1 ~~j~\2j also known as Jane O'Keefe a/k/a M. Jane O'Keefe alk/a M. Jane Douglass ,Deceased Social Security Number 174-20-2864 William Bradley Westhafer Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or '8' BELOW.•) ^X A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executor named in the last Will of tlhe Decedent, dated 11/27/2006 and codicil(s) dated 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 born 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 app tca e, en er: c..a.; ..n.c..a.; en e t e; uran e a sen ~a; uran a moron a e Petitioner(sj after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs(If Administratlon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence t~-s ~~ C ~ .-:~ ' . ^ ~ ~j A- _- ~ rn t.:, - ~„ ,:, (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~,` ~, , J( Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal reside a 210 Bi Newville, West Pennsboro T ship, county, state, zip code) 0 u: Decedent, then $2 years of age, died on 0311812009 at Green Ridge Village, Newville, Cumberland County, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) $ 100,000.00 (If nat domiciled in PA) (If nat domiciled in PA) Value of real estate in Pennsylvania situated a:s follows: All personal property Personal property in Pennsylvania Personal property in County 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: Signature Typed or printed name and residence William Bradley Westhafer 6604-A Carlisle Pike Mechanicsburg, PA 17050 ~~ ~ ~~~, (717) 697-4062 Cumberland, PA 17241 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMON~NEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } 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 ~~~-~ ~ !~ Signature of~rsonal Representative William Bradley Westhafer before a this ~~ day of )Y ~ ~ 2~~5 Signature of Personal Representative (~'`~n r the Register Signature of Personal Representative File Number: 21-- Estate of M. Jane Douglass O'Keefe ,Deceased A/K/A Jane O'Keefe a/kla M. Jane O'Keefe alk/a M. Jane Douglass Social a urity N tuber: 174-20-2864 ~~''} Date of Death: 03/18/2009 AND NOW, ~~,~'~-,~--- , in consideration of the foregoing Petition, satisfactory proof having been presented efore me, IT IS DECREED that Letters Testamentary h, E} e_ are hereby granted to William Bradle Westhafer ~O ~} -v in t abovrs estate and that the instrument(s) dated 1 112712 0 0 6 '' ~wT-,~ t-" ~ ` described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. , 7 ~%tc ~ _ C.;~ ~ FEES Letters .............. !D()~.Ub(~........ $ 02 ~ ~ Short Certificate(s)....... ~.......... $ ~ oZ Renunciation(s) ............................. $ l~ ~ i~ $ i ~l ~ ~ $ iv ~ ~c.~ $ S $ $ $ $ $ TOTAL .................................. $ a~ ~~ Supreme Court I.D. No.: 91402 Law Offices of Susan E. Lederer Address: 5011 Locust Lane Harrisburg, PA 17109 Telephone: 7171652-7323 Form R~ OZ Rev. 10.13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Signature: , (Q ~ Attorney Name: Am M. Moya . LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee t~>r this ~~~r[ificate. `~~~.(?U This is tit rerlil~ t!rA the ii?fr:rnlas~i(m ~1e1'e ~i~cn is correctly c(Tpied ~r;Ym an uri~inal Certii`icate of Death duly° ~~ilecl Ysith mr a, Local IZc~ishar 'The original certificate w~i(I bl_ f~n~~~irdc~! to [he State Vital Records <)f#ice Ivr p~rmanen[ tilii~<< P 1`~~~,~~17 CertificaCCcm \rmt~c~ --~-- Loctl ReY istru- /~~ l~atr l~,s})ed r~ C~ r-1 S ~ ~ -•n ~ '"~7 1 Ln ~ x7 yr ~ ~, G \ ~ ~ O~ ~ U., j >~~~ /~ 1 Ht05~14.7 HlV 1].2W6 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE I PRINT IN 1' r- ~'~ `~~ elAGK 1NxT CERTIFICATE OF DEATH ~ -; -~ - (See instructions and examples on reverse) U .-. t. Named O¢ceoed IPusl, rwdda. last, soda) 2. Sex 3. Sarah Security NwMer J,^• L , "4 1•V 4. Dale d Death IMmm tla Year) , . M. Jane Douglass O' Keefe female -„2Q - ~ , ~ , ~ 6 Age (Las) Binhdayl Under 7 Year Under I day 6. Date of Binh (Honor, day, year) 7. BinfyAace (CAy arM state a country) Bor. Place d DaaN (Check oNy ono) / 8 2 Mwvns oar. Hoars Mn„las FbspilaL O,,_th,e/r. Yrs. 3 / 4 / 1 9 2 7 Car 1 i s 1 e , P A [] Irwaliern ^ ER / awaDem ^ DoA LJ Nr,rsing Home ^ Readence C 7oln s nr _ peedy: _ 8o County of Dealn Bc Clty, Born, Twp. of Deam 8d. Facility Name pl not instilulim, give dre91 and wm6er) 9. Waz Decedent d Wspink Orym? [~ No ^ Yes 10. Race: Yurwrkan Urdan, Black Whne ek , , . Cumberlan West Pennsboro (area,:pedlYCwan. f,~„M i P ~ (d J ~ I I ~ e Me R ~ e x can, ueno en ican, ek) white ' ' It. De ad¢n : s Usual Occu Uun KirW of woA done dru most of workin life Do not slate retiretl 12. Wes Decedent ever le the 13. nl's Education ( Doty lughesl grade completetl} 74. Menial $wtus'. Marrietl, Fkver Manred, 15 Survinng Spouse (d wde. gee maden name) l Kind d Work Kind d Business /Industry l.S. Armed Faces? Elementary / Secaldary (412) College (1-4 ar 5+) 'W~'nd. Divorced (Sponh1 graphic artist state police ^ L id d vea owe g~Nn 1 w 1fi. DecedarT's Mailing Address ISlydet, city /sown, stale, zip code) Decedem's Did Decedent Adualflesiderka va sww PA ~a~n~? IIr [~rna,DandnmLwadn West Pennsboro Twp 210 Big Spring Rd . ' 11 PA 17 41 lYb cnanly Cumberland nd ^ ~ ~~,law¢awdn;n Ciy l Boor 1 ' 8. Father s Name (FUSI. nudde. last, sWlrx} 19. MoNei s Name (Fkst, midde, maiden wrname) James Bradle Esther Pearl Adams 20a. Informsnl's Nana (Type I Pnnl) 280. Idortnwll's Med'yp AdWes6lSUcel, city / tarn, stale, zip coda) Brad Westhafer 6604-A Carlisle Pike Mechanicsburg, PA 17050 Zla Mema101 Disposition ^ Cremallen ^ Dmadon Banat ^ R moval Ir m S t I 21D. Date d Disposi0on (Mode, day, year) 21c. Place d DisposiUOn INanw d cemetery, aemat a olha 01Y pace) 210. localim ICity r sown, stele, :p mde) e o ta e Was Cremation ar Donation Aulhaiied C7 o~h¢i sPexy ~ DYYeeica,Examlru„caan.n ^raa^Nn 3/23/2009 Mechanicsburg Cemetery Mechanicsburg, PA 22a Sgrwture d Frnerd leak kensee for person acting i%~hl F ~~ ~ ~" 2zD Lkense Nurrder z2c. Name and Adyess d Fxdity 8 Market Plaza Way - ' 1 L Mal zzi Funeral Hone Mechanicsubur PA 17055 Conplele w;ms 23ac mly when cemrykg h in 23a. Ta UW d my knowledge, ckath occurred at Vw ti ,date and place staled. (Sgruwra and tAle) 23b. license NrmDer 23c. Date S Month da Year) 'W'~ ( Y p ys an a mA avylade al Woe of OeaN b reNry taunt: W death. Q,IL t.C.t-Ltt ~ f~ L~^~[~ ~ ~ / 9~ ~' ~ Q(! - , ~r ~C ~/ /~ .~Obq dams 24.26 must oe competed Oy person Tme of 0¢alh 25. Date Praawked Dead (Month. tlay. Year) 2b. Web Case Refezretl w Medea) Examiner /Caorrar br a Reasm 01)~el Uwn Cremalwn a Dorulan? woo ra ow>ces d aln PPrDk ~ (lbl f C r y ~y M , p e . I ! ^Yas ®No r CAUSE OF DEATH (Sae Instructlona and axamploa) r Approximate inleaal: Pan II: Emez ollrer siYUhceel S1 cooldlMloglp.gB210, 28 DM TuOacra Use CcntraWe to Dealn7 Mein 27 Pan I. Elver Ilw ~yUl yl evtmis - dseasos, I'NUnes, a conWlicaums - Ihal dreclly caused Ua tledN W NDT alter lermmal evenw such as cardM arrest . , Onset m Deem OW IxiN resudrrp n Uw wideAyny Cause gvm in Pan 1. ^Yas [~ ProOady respralay arreg, a venlrk;War dOndatnn mdwul showmy the eliobyy. List oiyy one uusa m Hach Arlo ^ No ^ UnWawn WYEgAtE CAUSE 1lFeul dsaasn a _ ixxxlUion resWtutgn Oeath) _' ~ ~^ ~.5~ y ~ ~S•jErr-T ~\I ~i,/L p - 29. II Female. a l Due to (or as a consequence oQ: ^ Nd puyrunl wNUU p41 Yeur segue anuy kv aorrdw,na, d w'r, b ^ PieynaM al was d deaw WaArq k Iha cause Fstod ar pne a Duo to (or as a consnquerke dl: r Emer re UNDERIYWG CAUSE i [] Nw puyranl. OW pra3rrwo watwr a2 Oays eumis res~tlnp n ~InN) LAST ¢ d dnaN Due to (or as a consequence op: f'~ ^ YkN p¢gnaM. 4W peynaM 43 pays l0 1 year halwe OeaN d. ^ IAMinrown ApreyrrarA waMn Va past year 30a. Was an AWgay 300. Were AWOpsY FWdngs 31 Manner d Death 32a. Date of krjury (Minor, daY. Year) 320. Describe Haw Injury Q rteU 72c. Place W gyury Moore, Faun 9ree1 Factory PeAOrtned? AvaaatAe Prior k Compleswr Nalwal ^ Haninde , , Ol1xa BwMkg, ek (SpecAy) of Caus¢ d Dram? ~ ^ Yas ~ No [, Yes ~~ No [~ ti:i:'Jad ^ Penyiu3lrrvestiyalwn 32d. Time d Iryury 32e. InNxY al Word? 321 U iransponalkn Iryuty f~^ll 32g Localkn d Iryury ISlreel. city I Town, swwl [_ ] Swndu [] Could Nul be DetermmeJ ^ Yes ^ No ^ Driver I Oporata ^ P~ Pednsdum M OUrer - Syerey; _ 33a. Ceml et IrDech only met 330. $igrelwa an - r • Cenifying pnysie6n (Pnyskun cxnityny cauen of Uoem when arwiher pnyrcan Has ponowa;ed d¢am ono conylaal Uem 23) ~ ~ ~ _ _ - _ To Ina heal of my luwwkdge doom occurred due to Ne cause(s) and manner as elaled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ •~ ~ ~ . • Pronourtdng and certifying pAYUCian IPnrska(1 w)n prurawku~g death erW :aruryng to cause d tlealh) 1'o the hest d m knowled e deaN occ e0 al ta )co G l l M d d W t ^ 33e. Cleanse 33d Dale Sigrwd IMonN, day, year) y g , un e ca, a e, an p xe, u ue he cause(s) and manner as staYd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Medical Examiner /Coroner /Yfv / ~ ~ y ; _-- ` ~ / 2 D ~ O CJV 1 bn inn hasis d examination antl / or InvastiyaUOn. In my opinion, tlealh occwred at the time, dale. and pace, and due la tfw cease(s) and nurawr K ctated_ ~~ 34. Nanw aW Atlaress u( Person Who Cmploletl Cau se a( Deam fUrrm 2]) Type / Pnnt $9nalure aM Dutyk ~ / I ~I ~~ 35 Re9~/ to Fdcd(Madh, tlay, Year) / l ~( iO NJ /'tn- „/ l-' / D L ' - ~ O.~io' -G Duoosnan Pamn Nu •~ -S ® r G(. S \ /~ n~/ ~ ~ - Last Will and Testament of M. Jane Douglass O'Keefe I, M. Jane Douglass O'Keefe, also known as Jane O'Keefe, also known as M. Jane O'Keefe, also known as M. Jane Douglass, a resident of Mechanicsburg, Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Last Will and Testament. Article Qne Family Information I have made provision for the following individuals in my will: Name William Bradley Westhafer Robin S. Piacine Annette G. Gilbert r..~> C 0 ~~ -~~? -~ ~ "i~~ `~ ~"1 L1 ~:>~~ _. - . !.J _ _ ~ ~... Relationship ~., y- nephew niece niece I have made no provision in my will for my nephew, Carl Westhafer, Jr., or my stepson, Michael John O'Keefe, because I feel they have been otherwise well provided for. Article Two Specific and General Gifts Section 2.01 Specific Distribution to William Bradley Westhafer As soon as practicable after my death, I give my real estate located at 12 Poplar Drive, Mechanicsburg, Cumberland County, Pennsylvania to William Bradley Westhafer. If William Bradley Westhafer should predecease me, I give the property subject to this distribution to Robin S. Piacine. Death taxes shall be apportioned to this distribution, notwithstanding the provisions of Article Eight. Property passing under this Section shall pass subject to all liens, security interests or other encumbrances on the property. Page 1 Section 2.02. Disposition of Tangible Personal Property I give all my remaining tangible personal property, together with any insurance policies covering such 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. Should I leave multiple written memoranda that conflict as to the disposition of any item of tangible personal property, the memorandum with the most recent date shall control as to those items that are in conflict. If the memorandum with the most recent date conflicts with a provision of this Will as to the specific distribution of any item of tangible personal property, the provisions of this Will shall control as to those items that are in conflict. I intend that the writing qualify to distribute my tangible personal property under applicable state law. Section 2.03 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, all such property shall become part of my residuary estate. Section 2.04 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. Section 2.05 Encumbrances and Incidental Expenses of Tangible Personal Property iviy Executor shall distribute property under this Article subject to liens, security interests or other encumbrances on the property. My Executor shall pay, as an administration expense, the reasonable expenses of storing, packing, insuring, transporting and otherwise caring for my tangible personal property until actual delivery of each article of property to the appropriate beneficiary. Page 2 Article Three My Residuary Estate Section 3.01 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 3.02 Disposition of My Residuary Estate I give my residuary estate outright to William Bradley Westhafer. If William Bradley Westhafer predeceases me, I give my residuary estate outright to Robin S. Piacine. If Robin S. Piacine predeceases me, I give my residuary estate outright to Annette G. Gilbert. If Annette G. Gilbert predeceases me, my Executor shall distribute my residuary estate as provided in Article Four entitled "Remote Contingent Distribution." Article Four Remote Contingent Distribution If, at any time, there is no person or entity qualified to receive final distribution of my estate or any part of it, then the portion of my estate with respect to which the failure of qualified recipients has occurred shall be distributed to those persons who would inherit it had I then died intestate owning the property, as determined and in the proportions provided by the laws of Pennsylvania then in effect. Article Five Designation of Executor Section 5.01 Executor I name William Bradley Westhafer as my Executor. If William Bradley Westhafer fails or ceases to act as my Executor, I name Robin S. Piacine as my Executor. Page 3 Article Six General Administrative Provisions The provisions of this Article apply to my probate estate. Section 6.01 No Bond No Fiduciary shall be required to fizrnish any bond for the faithful performance of the Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be required on such bond. Section 6.02 Fiduciary Compensation An individual serving as my Fiduciary shall be entitled to fair and reasonable compensation for the services rendered as a fiduciary. A corporate fiduciary shall be compensated by agreement with an individual Fiduciary or, in the absence of an individual Fiduciary or in the absence of an agreement, in accordance with the corporate fiduciary's published schedule of fees in effect at the time the services are rendered. In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under my will. Section 6.03 Determination of Principal and Income The Pennsylvania Uniform Principal and Income Act shall govern beneficiaries' rights among themselves in matters concerning principal and income. If the Pennsylvania Uniform Principal and Income Act contains no provision concerning a particular item, my Fiduciary shall determine in a fair, equitable and practical manner what shall be credited, charged, and apportioned between principal and income. Section 6.04 Distributions to Incapacitated Persons and Persons Under Twenty-Five Years of Age 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 Trustee shall pay to the beneficiary for whom the trust is held such amounts of the net income and principal as the fiduciary Page 4 determines to be necessary or advisable for the beneficiary's health, education, maintenance and support. Upon the death of the beneficiary before that time, the Trustee shall distribute the trust, including any accrued and undistributed income, to the beneficiary's then living descendants, per stirpes, or, if none, to the beneficiaries named in Article Three, Section 3.02, in the order in which they are named therein. If I have no then living named beneficiaries, the property shall be distributed under the provisions of Article Four entitled "Remote Contingent Distribution." Section 6.05 Maximum Term for Trusts Notwithstanding any other provision of my will to the contrary, unless terminated earlier under other provisions of my will, each trust created under my will shall terminate 21 years after the last to die of the descendants of my maternal and paternal grandparents who are living at the time of my death. At that time, the remaining trust property shall vest in and be distributed to the persons entitled to receive mandatory distributions of net income of the trust and in the same proportions. If no beneficiary is entitled to mandatory distributions of net income, the remaining trust property shall vest in and be distributed to the beneficiaries entitled to receive discretionary distributions of net income of the trust, in equal shares per stirpes. Section 6.06 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. Section 6.07 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 be either 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. Section 6.08 Delegation of Authority; Power of Attorney Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right to exercise any power, including a discretionary power, granted the Fiduciary in my will. During the time a delegation under this Section is in effect, the Fiduciary to whom the delegation was made may exercise the power to the same extent as if the delegating Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary Page 5 may revoke the delegation at any time by giving written notice to the Fiduciary to whom the power was delegated. The Fiduciary may execute and deliver a revocable or irrevocable power of attorney appointing any individual or corporation to transact any and all business on behalf of the trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that the Fiduciary could have exercised. Section 6.09 Merger of Corporate Fiduciary If any corporate fiduciary acting as my Fiduciary under my will is merged with or transfers substantially all of its trust assets to another corporation or if a corporate fiduciary changes its name, the successor shall automatically succeed to the position of my Fiduciary as if originally named my Fiduciary. No document of acceptance of the position of my Fiduciary shall be required. Article Seven Powers of My Fiduciaries Section 7.01 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 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, corwey, 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. They may establish reserves, release powers, and abandon, settle or contest claims. Page 6 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 7.02 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 my 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 my will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by my will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Section 7.03 Alternative Distribution Methods My Fiduciary may make any payment provided for 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, conservator, 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 my Fiduciary. Article Eight Provisions for Payment of Debts, Expenses and Taxes Section 8.01 Payment of Debts and Expenses I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. Section 8.02 No Apportionment Except as otherwise provided in this Article or elsewhere in my will, my Executor shall provide for payment of all estate, inheritance and succession taxes payable by reason of Page 7 my death ("death taxes") from my residuary estate as an administrative expense without apportionment and shall not seek contribution toward or recovery of any death tax payments from any individual. Section 8.03 Property Passing Outside of My Will Except as to Qualified Retirement Benefits, death taxes imposed with respect to property included in my gross estate for purposes of computing the tax 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. Section 8.04 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 Nine Definitions and General Provisions Section 9.01 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 shall be treated in the same manner under my will as natural children of the adopting parent, provided such person is legally adopted prior to attaining the age of 18 years. A person shall be deemed to be legally adopted if the adoption was legal in the jurisdiction in which it occurred at the time that it occurred. Page 8 (b) Descendants The term "descendants" shall include a person's lineal descendants of all generations. (c) Fiduciary My "Fiduciary" or "Fiduciaries" shall refer to my Executor. My "Executor" shall include any executor, ancillary executor, administrator, or ancillary administrator, whether local or foreign and whether of all or part of my estate, multiple Executors, and their successors. (d) Legal Representative As used in my will, the term "legal representative" means a person's guardian, conservator, personal representative, executor, administrator, Trustee, or any other person or entity personally representing a person or the person's estate. (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. (fl Shall and May Unless otherwise specifically provided in my will or by the context in which used, I use the word "shall" in my will to command, direct or require, and the word "may" to allow or permit, but not require. In the context of my Trustee, when I use the word "may" I intend that my Trustee may act in its sole and absolute discretion unless otherwise stated in my will. (g) Other Definitions Except as otherwise provided in my will, terms shall be as defined in PA Probate, Estates and Fiduciaries Code as amended after the date of my will and after my death. Section 9.02 Contest Provision If, after receiving a copy of this Section, any person shall, in any manner, directly or indirectly, attempt to contest or oppose the validity of my will, (including any codicil to my will), or commences, continues or prosecutes any legal proceedings to set my will Page 9 aside, then such person shall forfeit his or her share, cease to have any right or interest in my estate, and shall, for purposes of my will be deemed to have predeceased me. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. Section 9.03 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 9.04 General Provisions The following general provisions and rules of construction shall apply to my will: (a) Singular and Plural; Gender Unless the context requires otherwise, words denoting the singular may be construed as plural and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is appropriate within the context. The word "or" when used in a list of more than two items may function as both a conjunction and a disjunction as the context requires or permits. (b) Headings of Articles, Sections, and Subsections The headings of Articles, Sections, and subsections used within my will are included solely for the convenience and reference of the reader. They shall have no significance in the interpretation or construction of my will. (c) Governing State Law My will shall be governed, construed and administered according to the laws of the Commonwealth 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. (d) Notices Unless otherwise stated, whenever my will calls for notice, the 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. Notice shall be effective on the date personally delivered or on the date of the return receipt. If a party giving notice does not receive the return receipt but has proof that he or she mailed the notice, notice shall be effective on the date it would Page 10 normally have been received via certified mail. If notice is required to be given to a minor or incapacitated individual, notice shall be given to the parent or legal representative of the minor or incapacitated individual. (e) Severability The invalidity 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. ~ I, M. Jane Douglass O'Keefe, hav'ng signed this Will in the presence of ~~jr,s ~a~c?,f~sU~/ and ~r'1~(~ ~~• Y~~o't. who attested it at my request on this day, ~~-e,tis,.~ a-'~ , 2006 at Harrisburg, Pennsylvania, declare this to be my Last Will and Testament. 7 i. M. ane Douglass 'Keefe, Testatri Page 11 The above and foregoing Will of M. Jane Douglass O'Keefe was declared by M. Jane Douglass O'Keefe in our view and presence to be her Will and was signed and subscribed by the said M. Jane Douglass O'Keefe in our view and presence and at her request and in the view and presence of M. Jane Douglass O'Keefe and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of M. Jane Douglass O'Keefe on this day, ~ ~-,~S~ei ~~ , 2006. \~~ri s ~jy~JC.f -~S U~ residing at I lv(v C~ n~ l ~~ lCC'A~i ~1 ~ ~~~ (, ~ ~ - C~~ residing at -~ C ~~ Ss~c~~ l.-o~ ~ ~~i~r`J ~J~~'J ~ ~~ PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, M. Jane Douglass O'Keefe, the testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; 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 M. Jane Douglass O'Keefe, the testatrix, this day, ~W„re,,..~,~~ a7 , 2006. ~~~ M. ne Douglass 'Keefe, Testatri No y Public COMMONWEgLTH OF PENNSYLVANIA Nofari~ Seal ~aaiueline M. Mi DNotary~ublic My ~m~ssion E~ires Oct. 25, p Member, Pennsylvania Asaoclation of Notaries Page 12 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) We, ~~ ~ ~ ~~ ~~-~ and v 1~ : ~ ~ ,the witnesses whose names are signed to the attached or foregoing instrument, eing duly qualified according to law, do depose and say that we were present and saw the testatrix sign and execute the instrument as her Last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. 1 Witness ~1~' ~~~, i X16 Witne ota y Public ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jacqueline M. Mirxteck, Notary Public Lower Paxton Twp., Dauphin County MY Cornmisslon Expires Oct. 25, 2010 Member, Pennsylvania Association of Notaries Page 13