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HomeMy WebLinkAbout07-22-09N ~ a o `° Register of Wills of Cumberland County, Pennsylvania.: ~~ L_ a ~~ -`r rn i`J PETITION FOR GRANT OF LETTERS ~`-~~~~ -' "' f ^ ' C 7 ~~ -p Estate of GLORIA B. STITES No. ,~~~ ~ Social Security No. 174-20-6633 ~-"' rv Darlene Waugh, Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and avers that Petitioner is the Executor named in the Last Will & Testament of the Decedent, dated October 24, 2008 -JEFFREY R. BOSWELL 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: ^ B. Grant of Letters of Administration _ pendente liter durante absentia; durante minoritate) n.c.t.a.: Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived the following spouse (if any) and heirs: ;~,. c_C-~ f ~ I_ ~ F ~ l ~i - r I Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent, was domiciled at death at 103 Poplar Street, Summerdale, Cumberland County, Pennsylvania, 17093, with her last family or principal residence at 103 Poplar Streett, Summerdale, Cumberland County, Pennsylvania. 17093. Decedent, then 84 years of age, died July 13, 2009, at Health South, Mechanicsburg, Pennsylvania. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $165,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $130,000.00 Total $295,000.00 Real Estate situated as follows: 103 Poplar Street Summerdale Cumberland County Pennsylvania 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: ai nature T ed or rinted name and residence Jeffrey R. Boswell 315 N. Front Street, Harrisburg, PA 17101 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affirm and subscribed before me this ~_ day of July, 2009. ~' .~~~~v No. Estate of GLORIA B. STITES, Deceased Social Security No: 174-20-6633 Date of Death: July 13. 2009 AND NOW, July 22, 2009, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters X Testamentary- of Administration _d.b.n.c.t.; pendente liter durante absentia; durante minoritate are hereby granted to Jeffrey R. Boswell, in the above estate. FEES Letters ........................... $yJ-lL~ Short Certificate(s).......... $ V~ "" ~,-w~~..l..~.. $ ~.-. Affidavit ( ) ................. $ Extra Pages ( )............ $ Codicil .......................... $ JCP Fee ................... . ., .. $1~~ ~ , „ , Other ............................ TOTAL $ /~ $ r ~/c Register of Wills ~~l ~ X11. Attorney: G e I.D. No: 25444 Post Office Box 741, 315 N. Front St. Harrisburg, PA 17108-0741 (717) 236-9377 J R. Boswell, Es uir l05.805 REV (01f07t (~ ~ ~v., ^' j ~~ 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 ~.~4 ~ ~~:~a3 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ,~~ JUL 1 200 Local Re~~strar c~ Date Issued n Q ..,,, C O ..rte - _~~ ~ ~_ ;~~ N ~, . , ac^,Ci -Z7 - - ;. .U N _. .T7 _i b N CJ 3 REV ttnoos COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS /PRINT IN CKNNK CERTIFICATE OF DEATH (See instructions and examples on reverse/ 1. Name M Decedent (Flrsl, midge. Wsl sudix) 2. Sex 3. Social Security Number V Lc Y V w 4. Date of Death (MOmh, day, yea0 Gloria B Stites . Female 174 _ 2x'_6633 July 13, 2009 5. Age (Last Bidhday) Under 1 year Under t tlay 6. Dale M Binh (Monet, day, year) 7. &nhpap (CFy and state or for ~ n country) 6a. Place of Deam (Check only one) nbrxrw pays noun tAnules HgspiWt. Other' 8 4 Yre 6/ 9/ 1 9 2 5 n o l a P A 1 7 0 2 5 , ^ mpatiem ^ ER /Outpatient ^ DOA g]1Nursing Home Q Residence ^Other . Spacay 66. Count' of Deam &. City, Boro, Twp. of Death &1. Fatilhy Name ¶f not i~titutron, give slreel ant number) 9. Was Decedent of Hispanic Origin? ®No ^Ves 10. Race- American Indian. Black, While etc. , h South Of yea' specity cubaa (specir» Cumberland Heal * _ Mexican, Puerto Rican, etc) Whit e 11. DecNenYS Usual lion Kind d work tlone tluri moss of workin life. Do not stale retired 12. Wes Decedent ever in me 1 3. Deptlant's Education (Specify oMy Mghesl grade completed) 14. Mental Status: Married, Never Mamed 15. Surviving Spouse (II wile give maiden name) Kind of Work Ki of Rosiness! 1 V.P. Litman Relatios Dall~lin De 0S1C U,S. Armed Forces? ry, ry ( ) ElemenW /Seconds 0-12 legs (1 ~4 or 5+) Col WidoweQ Divorced (Specify) , P ^rea ~NO ]2 Widowed 16. DecedanYS Mailing Address (Street, city /town, stale, zip coda) Decedent's Did Decedanl PA ova in a ,pc. rry~ye~ East PeT1T7SU0T0 103 Po tar St . Adual Residence 17a. Bate l~ Yes. Depdenl Lived in p TwD. Township? Sultmerdale, PA 17093 t7b county G.tmberland nd.^NO, Da<edem Lived w4mn Actual ie„ns M Ciry / Boro 76. Famer'S Name (Fast, miede, last, suffix) 19. Mother's Nanla (Rrsl, rMddla, maiden surname) Glenn Blessing Pmt' Davis 20x. 1MormanYSNxme (Type / PdntJ ~Y Mc~~ 20b. InlamanYs Mailing Addesa (Brest, dty /town, stele, zip code) 207 2nd St. SLnJmerdale, PA 17093 21e. MetMO M Disposion ^ Cremation ^ Donelion 21 b. Dale of Dspositpn (Month, day, year) 21c. Place al Disposition (Name M cemetery, crematay a other place) 21 d. Location (City /lawn slate zip code) ® Burial ^ Removal Iran Smote ! Wax CrenMNon or DoneNon Authorized ^ Omer~Sped~N: byMedlcNExemineryCOrorlrrll ^vaa^No ~ July I8, 2009 Enola C~Tetery , , Enola, PA 17025 22x. Siglature of Funeral Semce ' (or person acting as such) 126. License Number 22c. Name and Address M Fedliry ~ - ` ~ r FD 012774-L Richardson Funeral Home Inc. 29 S. Enola Dr. Enola, PA 17025 Complete hems 23a~c aNy when preMn9 physican a rid availsbk al lime d Beam l0 23x. To the knowledge, deem occuned al me lime, date and place stated. (Signanxe and FFe) 23b. License Number 23c. Dale Signed (Monts, tlay, year) cMAy cause d d~th. 2 r^, ~1 ItiJ V ~ ('i ~~ y 13 ~- ~ r~ _ t J 5 Mears 2426 must be mrtpleted W person 2a tans or m 2$. Del roncuriced Dead (MAM, day, year) 26. Was Case Ratemed to Medical Examiner /Coroner for a Reason Other Than Cremation or Donation? ~ w4p porlourkes deem. ' : L M. ~ ~ I ' 1 ^ Yes ~ No CAUSE OF DEATH (See Instructions and examples) r Approximate interval: Item 27. Pan I: Enter me ~ of events -diseases, injuries, a mntplicafiorrs - Mat diragty rausetl the death. W NOT enter terminal events such as cardiac arrest Pan IC Enter dher si~ficant cmdbons contri6Wka t de th, 26. Did Tobacco Use Contnbule to Death? , Onset to Deam respiratory anent. or ventricular fibrillation wittaM snowing lne elbbgy. List oMy one cause on earn Fns. put rwl resulting in the untledying cause given in Pan I. ^ Yes ~ Probably IMMEDIATE CAUSE IFalal disease or ~ ' ' ^ No ^ Unknown I corldFbn resukmg n ath) -' a. ~ C) J ( I r/; r ~ . r , il I 1 r f+, r %~ I J'i u /~!~( ! ~~ l'r9`''~ I 29 If Female . i ~ ~ C 1 D ~ . ue to for as a conseq rice ~ ~ ~ [],Not pregnant w thn past year SequenliaFy hst wn<Fpons, if arty, b. ~. ~. ~ 1r /' N the cause Aslatl on line a. ~ Eller UNDERLYING CAUSE Due to (or as a consequence oQ: r ^ Pragnanl at I me of tleam (~~ ~ M u~ c r ~ ^ Not pregnant, but pregnant wthin 42 days r a d of death Due to (or as a consequerxa of)' ~ ^ Not pregnant but pregnant 43 days l0 1 year d. ~ before death ^ mown it pregnant within me past year 30a Was an Autopsy 306. Were Aulquy Flndngs 31. Manner M Death 32e. Dais M In u Momh, de , PedomxV? Available Prbr to Completgn ) ry ( Y Yaar) 32b. Dasenbe How Injury Occurred 32c. Place of Inlury: Home, Fartn, Breel, Factory, of Cause of Death? ©Naturel ^ HanicNe ONice Budding, etc. 7SpedN) ^ Yes [~ No ^Ves ~'NO ^ Aay0enl ^ Pending InvesligeFan 32d. Time d Injury 32e. Irqury at Work? 32f. II Trerrsporlalim Injury /Spe<iNJ 32g. Localian of Inlury (Brest <ily l town, state) ^ Suii tle ^ Could Not be Determined ^Ves ^ No ^ Driver / Operalw ^ Passenger ^Pedesldan M. Other ~ 5pecily: 33a. Certifier (check Doty ens) 33b. Signature and Title of fler Certxyrng physician (Physkran cerdrying cause of death when anomer pnysiclen has pronounced tleam end completed Item 23) Ta the best rx m knowl d d m d ~/,, /7i y_ / j,,.Y ~ y ge, e ee occurre due to me cause(s) and mamer as atetad_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ .~ • Pronounci antl ttn _ _ _ _ _ rig IMn9 Wrysician (Ph s'xdan both ronoun in tl m W rtif i I. i ` ~ y p g c ea ar y ce ng to pose of tleam) T th t / b k 33c. License Number 33d Date ned M nth d a e o es my mwkdge, deelh occurred at the time, date, and place, and due to the cause(s) and mermen as stated_ _ _ _ _ . _ _ _ _ _ ^ . - _-' ? . ~g ( o , ay, year) _ ' " • Medical ExamineN Crooner { ., .. - nil h:~ ~ /,., ,~ - Dn the basis of eaaminaNon and / or inveatigetlon, in my opinion, death occurred et the lime, date, end place, end due to the cause(s) and manner as stated_ ^ 34 Name and Atldress of Person Who Complere0 Cause of Deam (Item 27) Type r Print Registrar' lure arW Dist~tiM-t ~ v 36. Dale Filed (Monet, day, year) 1 - ~CGr Disposition Permit No. ~ `: --~ elf--.. Y%'~1 - ~~- ~` ~ -C,~C~~7 ~_;~ 1 ~Zn -- ~'._ r r _r~ r ~> ~ i ~:, N _ . -- ~ __ ~-.~ .. t- . ~,_ _. .y _-c~ -v:. '- -- .~. _ : ; ~ - fJ ` ~ LAST WILL OF GLORIA B. STITES Jeffrey R. Boswell, Esquire Boswell, Tintner & Piccola 315 N. Front Street P. O. Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 LAST WILL AND TESTAMENT OF GLORIA B. STITES Introductory Clause. I, GLORIA B. STITES, a resident of and domiciled in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I have one living child: A1vtY S. MACAnA1vi. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. I further direct that any estate, inheritance, succession, death or similar taxes so paid from my residuary estate, shall not be charged or apportioned to my stated charitable gifts or bequests to diminish the value of the specified gifts to charities. ITEM III Bequest of Specific Item of Personal Effects. I give and bequeath my household contents and specific items of personal property, excluding motor vehicles, to my daughter, Amy S. MacAdam, my granddaughter, Alison C. MacAdam, and my grandson, Jonathan MacAdam, by each one making a selection of a specific item, in order, first by my daughter, Amy S. MacAdam, then by my granddaughter, Alison C. MacAdam, and then by my grandson, Jonathan MacAdam, repeating this election as many times as necessary. I direct that specific items, that have not been selected by them and that have an appraised value of at least Ten and 00/100 ($10.00) Dollars, shall be sold at private or public sale, with any net proceeds to be added to my residuary. I further direct that any item that is not selected or sold shall be donated to Goodwill Industries of Central Pennsylvania, or other charity, as determined by my Executor. I further direct that if my issue do not agree to the division of the personal property among themselves, as I have directed, my Executor may make such division among them, and, thereafter, shall sell Last Will and Testament of Gloria B. Stites Page 1 specific items or shall donate any remaining items to charity, with the decision of my Executor to be in all respects binding upon my issue. ITEM IV Cash Legacy to Charity. I give and bequeath to the EAST PENNSBORO AREA ScxooL DISTRICT, or its successor, the sum of Five Hundred Dollars ($500.00) for alumni activities, as directed by the Enola/East Pennsboro High School Alumni Association. ITEM V Cash Legacy to Charity. I give and bequeath to the EMMANUEL UNITED METHODIST CHRUCH, ENOLA, PA, or its successor, the sum of Four Thousand Dollars ($4,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. ITEM VI Cash Legacy to Charity. I give and bequeath to the HISTORICAL SOCIETY of EAST PENNSBORO, ENOLA, PA, or its successor, the sum of Five Hundred Dollars ($500.00) for such uses and purposes as its governing board shall deem necessary and advisable. ITEM VII Specific Devise of Residential Property and Garage. I give and devise to my daughter, AMY S. MACAnAM, if she shall survive me, any interest which I own at the time of my death in my residence, the real property that is located at 103 Poplar Street, Summerdale, Cumberland County, Pennsylvania, as well as my real property that is improved with a garage and a shed that is located along the stated Poplar Street, across from my residence. ITEM VIII Outright Gift of Residuary. I give, devise, and bequeath all the rest, residue, and remainder of my property of every kind and description (including lapsed legacies and devises) wherever situate and whether acquired before or after the execution of this Will, as follows: A. Amy S. MacAdam - 30%; B. Alison C. MacAdam - 35%; and C. Jonathan MacAdam - 35%. If my daughter or either of my grandchildren shall not survive me, the issue of my daughter or either grandchild surviving me, shall take per stirpes the share my daughter or either of my grandchildren would have taken had my daughter or either grandchild survived me. Last Will and Testament of Gloria B. Stites Page 2 ITEM IX Naming the Executor, Executor Succession, Executor's Fees and Other Matters. The provisions for naming the Executor, Executor succession, Executor's fees and other matters are set forth below: (1) Naming an Individual Executor. I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament JEFFREY R. BoswELr., and direct that he shall serve without bond. (2) Naming Individual Successor or Substitute Executor. If my individual Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor who shall also serve without bond shall be . (3) Final Succession If Individual Successor Executor Cannot Act. If my individual successor Executor should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, then the successor or substitute Executor who shall also serve without bond shall be MANUFACTURERS AND TRADERS TRUST COMPANY. (4) Fee Schedule for Individual Executor. For its services as Executor, the individual Executor shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. (5) Fee Schedule for Corporate Executor. For its services as Executor, the corporate Executor shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. (6) Change in Corporate Fiduciary. Any corporate successor to the trust business of the corporate fiduciary designated herein or at any time acting hereunder shall succeed to the capacity of its predecessor without conveyance or transfer. ITEM X Definition of Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. Last Will and Testament of Gloria B. Stites Page 3 ITEM XI Powers for Executor. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to my Executor may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ITEM XII Provision for Executor to Act as Trustee for Beneficiary Under Age Twenty-One. If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-one (21) years or if any real property shall be devised to a person who has not attained the age of Twenty-one (21) years at the date of my death, then such share or property shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Executor acting as Trustee shall retain possession of the share or property in trust for the beneficiary until the beneficiary attains the age of Twenty-one (21), using so much of the net income and principal of the share or property as my Executor deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of the beneficiary, taking into consideration to the extent my Executor deems advisable any other income or resources of the beneficiary or his or her parents known to my Executor. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall be paid over, distributed and conveyed to the beneficiary upon attaining age Twenty-one (21), or if he or she shall sooner die, to his or her executors or administrators. Whenever my Executor determines it appropriate to pay any money for the benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be paid out by my Executor in such of the following ways as my Executor deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the care, support and education of the beneficiary; (4) by my Executor using such amounts directly for the beneficiary's care, support and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. My Executor as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Executor. Last Will and Testament ofGloria B. Stites Page 4 ITEM XIII Discretion Granted to Executor in Reference to Tax Matters. My Executor as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Executor shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions. ITEM XIV Definitions of Family. The following definitions shall be used to define the family: (1) Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. (2) Definition of Per Stirpes. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this the ~ day of October, 2008. EAL) GLORIA B. STITES Attestation Clause. The foregoing Will was this the vz ~ day of October, 2008, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. may.-~`"'~'G~~ of ~ c. Last Will and Testament of Gloria B. Stites Page 5 PROOF OF WILL COMMONWEALTH PENNSYLVANIA COUNTY OF DAUPHIN OF ) Self-Proving Affidavit We, GLORIA B. STITES, and ___~__~__,~L_-_~-{~_ ,n_ _______ and B2ku ~~ FFtF~R ,the Testatrix and the witnesses, respectively whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. LORIA B. STITES Witness `~J~~ ~ ~' Witness Subscribed, sworn to, and acknowledged before me by GLORIA B. STITES, the Testatrix and subscribed and sworn to before me ~o,Jrr,E L. i~FaR DY and L3~~p cs't'i FFL~ ,witnesses, this the ~ day of October, 2008. (Seal) Notary Public for Pennsylvania My Commission Expires: ,31~~p~o COMMONINEUTH OF PENNSYLYANb1 NOTAi?iAL SEAL DENfSE L. FOSTER, Notary Public Citl- of Harrisburg Daupfiin County ~ ~ Expires i4ianch 5. 20A9 Last Will and Testament of Gloria B. Stites Page 6