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HomeMy WebLinkAbout09-24-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of RICHARD H. HARRIS. JR. File Number Q~ ~- ~~ - also known as , Deceased Social Security Number 165-38-1144 Petitioner(s), who is/aze 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 EXECUTOR named in the last Will of the Decedent dated 9/4/1997 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not mazry, 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 (lfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and 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.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 837 Briarwood Lane Camp Hill PA 17011 Hampden Twp Cumberland Co (List street address, town/city, township, county, state, zip code) Decedent, then 60 years of age, died on 2/4/2006 at 837 Briarwood Lane. Hampden Twp Cumberland County Camp Hill PA 17011 Decedent at death owned property with estimated values as follows: ~r (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence ` Patricia M. Harris 837 Briarwood Lane Cam Hill PA 17011 Page 1 of 2 Form RW-02 rev. /0.13.06 (COMPLETE W ALL CASES:) Attach additional sheets iJnecessary. ~ W --.i Oath of Personal Representative COMMONWEALTH 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 correc t 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. ~,,,, ~ t ~ ~ Sworn t~ ~r zffirme~ zn~ubscribed ~,( ,,f.!~ //~ C ~(~ f /~ .1 ~ ~ Signature of Personal Representative Cr Wo day of be rem the ~_- ~ cn ~ ,~~~ Signature of Personal Representative ~ ~ ~ --'-F ~ _ _ N - u7~ . .. r ~ - ~" 1 ,- . For the Register L Signature of Personal Representative "-:~ :-3 -'i "_3 C~: .z7 -'- - ` -.r - r r _ _ W Cl1 File Number: (`~ ~ ~ ~~' - ~ ~`'~ Estate of RICHARD H. HARRIS. JR. _ ,Deceased Social Security Number:165-38-1144 Date of Death: 2/4/2006 AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Patricia M. Harris in the above estate and that the instrument(s) dated September 4. 1997 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES l1( 1 ~ ` ~i (~ ' .,~ ' lJ(., 1 . V~ Re ter of WiDs Letters ............................. $ lJ Short Certificate(s) .....•....•. $ ~((~ Attorney Signature: ~~~ G-~ Renunciation(s) •••••••••••••••• $ (JJ f ~~ $ T~ Attorney Name: Davi H. Radcliff Es . 1~ ~ ~ "~' $ ~ Supreme Court LD. No.: 25483 ~ 5 ~t4 m~ f1~UY~ .... $ ~~ . C~ .... $ Address: 1011 Mumma Rd #201 "'" $ Lemoyne .... $ .... $ PA 17043 .... $ $ Telephone: 717 236-9318 TOTAL ............................. $ saL~.l/ ~ ; Form RW-OZ rev. /0./3.06 Page 2 of 2 _ _ _ ~, ;i?~', _~~:a <i- :.~ul~t.rttiort here gig°en i~ correctly copied from an original certificate of deat~~du!~ filed ~;-~ - ~ as ~: ~_ ~,L,~:u lr_~ .Tl~-,:°:~~~~< c~~r1i°ica!,,, ,~t~ill hr; for~~~arded to the State Vital Records Office for perm~~,nhnt'~~iing. ~AFiNING: It ins illegal to duplicate this copy by photostat or photograpF-. Fre it„ t!?i~ _ertiill.~ate. `~6.~)O V,1. I~' '' X12 ~ ~:,'. l_ucal lz~~~ strap r ~, L~ rv C7 C ~ `a .~ - " ~ i i ~ ~T .7 T7 _~' ~ . t l i ) '~ ~- t ' j -n - ;- . ` _~ ; .~ ~- - ~~~-~ .. I . L` (~ •~..! H tom ua Rev ol,D6 COYYONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECGRDS TYPENRWTW PERMANENT CERTIFICATE OF DEATH srATE FNF N1raNFN BLACxINN 0 ~; l~~ D O a L t aDecemM (FSSl, enOdla YSl1 -- -_.- 2 Sea 3. 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L~ -- O~ ~ I~/1 !_ ~ ~) L ' 330 Preseral~,mY, yas) rl /~A ~ ~ ~'7 ' Yedkal eaanwrrkaorrr I ` lG V V ` E r~ Fl y I GVLJ Lp / On Ulf bask of eumYuB«l aeaabr b ~ , b ery opYY«a Oealll ott,are0 al tlr Ica, dale, and plsx, ana sue b me t~lrgs) aM nranrr as staled ___._^ -- 35 U s lwa and - W Non 36 Date Faod pbr,, dai'. rent h ~ ~ '~ ~ ~ - 31 Name aed AOdress a Pbn«y~111o CgYiyaQCal{ ~o __ / C L S G ew ea 1 l_ -_.l.~l ~r~~r~8 1 ` I- . C« i.LL~7o-I (See instructions and examples~on reverse) LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I JR., currently residing in Camp Hill, Pennsylvania, being in good health and of memory, do hereby make, declare and publish and Testament, hereby revoking all former heretofore made by me. R:I CHARD H . HARRIS , Cumberland County, sound and disposing this as my Last Will Wills and Codicils FIRST: I direct that all of my legally binding debts, expenses of my last illness and funeral expenses shall be paid by my Executrix hereinafter nar-ed, from my estate as soon after my decease as shall be found convenient. SECOND: I give and bequeath my automobiles, household and personal effects and other tangible personal property of every kind (not including cash, securities or trusts), together with any existing insurance thereon, to my wife, PATRICIA M. HARRIS, if she survives me by thirty days. Should my wife, PATRICIA M. HARRIS, not be living on the thirty-first day after my death, I give and bequeath my automobiles, household and personal effects and other tangible personal property of every kind (not including cash, securities or trusts), together with any existing insurance thereon, in accordance with a letter to be kept w_Lth this Last Will and Testament. To the extent that such letter fails to dispose of all tangible personal property or if the letter is not in existence at my death, then I give such undesignated personal property to my sons, CHRISTOPHER HOLT HARRIS and MARK HOLT HARRIS, to be divided among them as they may agree. In the event that no agreement is reached, the same shall be divided as my Executor shall determine or be sold by my Executor and added to the residue of my estate. THIRD: I give, and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever ar~d where~•er situated, unto my wife, PATRICIA M. HARRIS, providing she shall survive me by thirty days. FOURTH: In the event that my wife, PATRICIA M. HARRIS, should predecease me or die within thirty days of the date of my death, then I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature, whatsoever and wherever situate as follows: ~~ ~:°f - <.- ~ ~=~ -, e, ~: ;, ,,~ - = ;_-~ ,~~ ~~ -r _ __ ~ ;-1 ~ ~ .I _ r..i A. ONE-HALF (1/2) thereof, to my son, MARK HOLT HARRIS. In the event that my son, MARK HOLT HARRIS, should predecease me or die within thirty days of the date of my death„ I give this 1/2 share to his issue, per stirpes. In default of such issue, then this share shall be added to the share for my son,. CHRISTOPHER HOLT HARRIS. B. ONE-HALF (1/2) thereof to my son CHRISTOPHER HOLT HARRIS. If my son CHRISTOPHER HOLT HARRIS is under the age of Twenty-two (22) years, his share shall be held by the Trustee hereinafter named, IN TRUST, for the following uses and purposes: 1. The Trustee shall collect all assets of my estate, including the proceeds from any insurance policies which may be a part of my estate or otherwise payable to t:he beneficiaries hereunder, and shall create a separate trust for the benefit of my son. The Trustee shall hold, manage, invest and reinvest the property in such trust and collect the income therefrom until my son has attained the age of twenty-two. (a) While my son is under the age of twenty-one years, my Trustee shall use for his benefit so much of the income of his trust as my Trustee considers necessary or desirable, for the welfare, support, education (including college, both undergraduate and graduate) and maintenance of my son, taking into consideration his other readily available assets and sources of income. (b) Whenever my Trustee determines that the income of my son from all sources known to the Trustee is not :sufficient for his reasonable support, maintenance and education, and that of his immediate family, the Trustee may pay to him or use for his benefit, so much of the principal of his trust as the Trustee determines to be required for those purposes. (c) After my son attains the age twenty-one, thereafter to pay to mfr son the net income together with so much of the principal thereof as Trustee shall consider advisable for the support and education (including college, both undergraduate and graduate) of such child after taking into consideration his other readily available assets and sources of income. (d) When my son attains the age of twenty-two years, my Trustee shall distribute to him the then remaining principal and accumulated net income of his trust. - _~ ~~~ , (e) Upon the death of my son, CHRISTC-PHER HOLT HARRIS, the Trustee shall distribute his trust, as then constituted, to his issue, per stirpes. In default of such issue thE:n his share shall be added to the share for my son, MARK HOLT HARRIS. 2. The Trustee may make payments to or on behalf of any person who is the beneficiary of any trust hex,eunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 3. The Trustee, at its discretion, may e:{haust all of the principal and income in carrying out the purposes of this trust and should the amount held in trust be or become so small as to make it impractical or economically unfeasible to continue holding said amount in trust, the Trustee may pa.y the total amount of said trust directly to the beneficiary or to a parent or guardian of said beneficiary or place said amount in a savings account for the benefit of said minor until said. minor becomes of age. FIFTH: I hereby nominate, constitute, and appoint my wife, PATRICIA M. HARRIS, as Executrix of this, my Last Will and Testa- ment. In the event that my said wife shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint VINCENT GRE;NKEVICH, without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. All references to the Executrix herein shall be applicable to said substitute Executor. SIXTH: I hereby nominate, constitute and appoint MERRILL LYNCH TRUST COMPANY OF AMERICA, as Trustee of the trusts created by this, my Last Will and Testament, without the necessity for posting security regardless of state of residence. SEVENTH: In the event that my wife, PATRICIA M. HARRIS, shall predecease me, I hereby designate and appoint NICOLE SHUCK and JAMES SHUCK, as guardians of the person or per:~ons of any minor child or children, for the duration of the minority of said child or children, and said guardian may retain custody of said child or children in any locality. It is my desire that said guardians shall keep my children together as a family unit until such time as my youngest child shall reach the age of eighteen years. ~--~--~ 3 In the event that NICOLE SHUCK or JAMES SHUCK should predecease me, then I appoint the survivor of: them to act as guardian for my minor child. In the event th<~t neither NICOLE SHUCK or JAMES SHUCK is willing or able to serve as guardian, then I appoint MARISA GRENKEVICH to act as guardian fo:r the minor child. In the event that MARISA GRENKEVICH is unable or unwilling to serve as guardian, then I appoint VINCENT GRENKEVICH and FRANCESCA GRENKENVICH, or the survivor of them to act as guardian for the minor child. EIGHTH: My Executrix shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or persc>nal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executrix shall deem wise. 2. To invest any money at any time in su~~h bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executrix shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executrix. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as they deem it wise, and even though such property is not the kind of property an Executrix or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of a trust or of my estate to be issued, held or registered in their own name, or in the name o:E a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take: any action with reference to such securities which, in the opinion of the Executrix is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exerci:~e any conversion privilege or subscription right given to them as owner of any securities constituting a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensations to Executrix which shall be in accordance with established fees throughout the period of administration of my estate. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or_ principal as the Executrix may determine. 8. To transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by them, at public or private sale:, or otherwise. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executrix hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay them reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as t:o them shall deem best. 12. To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. NINTH: (A) POWERS OF THE TRUST COMPANY REGARDING AFFILIATES MERRILL LYNCH TRUST COMPANY OF AMERICA (hereinafter "Trust Company") shall have the following specific powers as to trust property and may exercise the same in its sole and absolute discretion without Court order or approval: -_~ ,~, (a) To engage any corporation, partnership or other entity affiliated with the Trust Company (an "Affiliated Entity") to render services to any trust hereunder, including without limitation: (i) To manage or advise on the investments of such trust on a discretionary or nondiscretionary basis. (ii) To act as a broker or dealer to execute transactions, including the purchase of any securities currently distributed, underwritten, or issued by an Affiliated Entity, at standard commission rates, mark-ups or concessions, and to provide other management or investment services with respect to such trust, including the custody of assets. (b) To invest in common trust funds maintained by the trust Company and in mutual funds offered by an Affiliated Entity or to which an Affiliated Entity may render services and from which an Affiliated Entity receives compensation. (c) To purchase through or from an Affiliated Entity, acting as agent or issuer, any life insurance policy or annuity contract, including, without limitation, any variable life. insurance policy or variable annuity contract, the assets under which may be allocated by the Trust Company to one or more separate accounts managed by an Affiliated Entity. (d) To pay for any of the foregoing services from trust property, without reduction for any compensation paid to the Trust Company for its services as Trustee. (e) To retain or sell the trust property, including any securities issued by Merrill Lynch & Co., Inc., and to invest and reinvest the same in dll forms of property, including, without limitation, stocks, bonds, mutual funds, notes, securities, or other property including securities issued by Merrill Lynch & Co., Inc. (f ) To cause or permit all or any part of arty trust hereunder to be held, maintained, or managed in any jurisdiction and to hold any trust property in the name of its nominee or a nominee of any Affiliated Entity. -~~~ 6 (g) To designate in writing an individual or a bank or trust company to act as Special Trustee with respect to specific trust property, including any securities issued by McY•rill Lynch & Co., Inc., or any real property, including any real property owned or operated by a sole proprietorship, general or limited partnership, limited liability company, or closely held coy°poration, or any interest in any such business enterprise, which is or may become an asset of any trust hereunder. The Special Trustee shall hold title to such pro~>erty and have all the powers granted to the Trustee hereunder, unless otherwise limited in writing by the Trustee, to be exercised only with the approval of the Trustee. The net income and the. proceeds of sale of all or any part of that specific trust property shall be remitted to the Trustee. The Special Trustee may receive reasonable compensation for services rendered in such capacity, in addition to the compensation to which the Trustee is entitled under this Agreement. (B) COMPENSATION OF THE TRUSTEE The Trust Company, and any successor corporate Trustee, shall receive payment for its services in accordance with its schedule of rates in effect at the time such compensation becomes payable, without reduction for any other fees or other compensation paid to the Trust Company or an Affiliated Entity, ir.~cluding, but not limited to, such fees or other compensation paid by any mutual fund, unit investment trust or other investment vehicle, or an agent. Such compensation may be paid without Court approval. (C) ACCEPTANCE OF CERTAIN TRUST PROPERTY AND INDEMNIFICATION FOR ENVIRONMENTAL EXPENSES The Trust Company shall not be deemed to have accepted title to, and shall not act or be obligated to act in any way as a fiduciary with respect to, any real property, including any real property owned or operated by a sole proprietorship, general or limited partnership, limited liability company, or closely-held corporation, or any interest in any such business enterprise, which is or may become an asset of the trust until (:i) an appropriate environmental audit is performed at the expense of the Trustmaker or the trust to determine that conditions at such real property or operations conducted by such business enterprise are in compliance with state and federal environmental laws and regulations affecting such real property or such business enterprise and (ii) the Trust Company has accepted such property as an asset of the trust by a separate writing delivered to the Trustmaker, i.f living, or, if not, to the income beneficiary or beneficiaries of the trust (or their natur~o~• lega guardians), and to the co-trustee, if any. ,~r}~ 7 In all events, the Trust Company may decline to accept title to or act in any way as a fiduciary as to any such property which it has determined is or thereafter may be in violation of any such environmental law or regulation. After its qualification, the Trust Company shall have the right to reject any property proposed to be transferred to the trust. The Trust Company shall be held harmless from and shall be indemnified from the trust estate and by the Trustmaker for any liability or expense, including reasonable attorneys' fees, incurred as a result of any violation, actual or alleged, of any environmental law or regulation with respect to any property which the Trust Company has actua7_ly or allegedly accepted. The Trust Company is expressly authorized to take such remedial action as it in its sole and absolute discretion deems appropriate to prevent, abate, remove or otherwise respond to any actual, threatened or alleged violation of, or otherwise comply with, any environmental law or regulation, or :Federal, state or local agency or Court order, affecting any such property. The Trust Company may employ agents, consultants or legal counsel to assist or perform such action. All costs and ex~>enses incurred by the Trust Company in connection with such action. shall be paid by the trust or the Trustmaker. The Trust Company also may establish reasonable reserves for the payment of anticipated environmental expenses. The Trust Company shall not be liable to the Trustmaker, any beneficiary, or any other person for any loss or diminution in the value of the trust resulting from any actual, thrE~atened or alleged violation of any such environmental law or regulation affecting any such property or for the payment of any expense of remediation thereof unless the Trust Company contributed thereto by its willful misconduct or gross negligence. (D) TRUSTEE'S ACCOUNTINGS The Trustee may, but shall not be required to, prepare and file accountings with any Court. Prior to delivering all of the property of any trust hereunder to a successor Trustee or to making any partial or complete distribution of trust principal, the Trustee may require an approval of its accounting either by a release and discharge by the beneficiary or beneficiaries of any such trust or by a Court of competent jurisdiction. All of the Trustee's fees and expenses (including reasonable attorney's' fees) attributable to any such accounting and approval shall be paid by such trust. ~ ~~ e (E) RESIGNATION OF TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEE The Trustee may resign as Trustee of any trust hereunder at any time by written notice delivered to t:he adult income beneficiary or beneficiaries of such trust or if there is no adult income beneficiary, such notice shall be delivezed to the natural or legal guardians (other than the Trustmaker) of the income beneficiary or beneficiaries of such trust. Such resignation shall be effective upon the appointment of a successor Trustee. A majority in interest of such beneficiaries or such natural or legal guardians, as the case may be, shall have the power to appoint a successor Trustee, or in default of such an appointment, the Trustee shall have the same power; provided, however, that in no event may any beneficiary of such trust be appointed to act as successor Trustee. All of the Trustee's fEses and expenses (including reasonable attorneys' fees) attributable to the appointment of a successor Trustee shall be paid by such trust. No bond or other security shall be required of tYie Trustee or any successor Trustee in any jurisdiction. Any successor Trustee shall have the same powers, authorities and discretion.s as though originally named as the Trustee. (F) EARLY TERMINATION OF TRUST The Trustee in its sole and absolute discretion may terminate any trust hereunder at any time it determines that the aggregate value of the trust property renders continued administration economically infeasible and, upon such termination, shall pay over the remaining trust property to the income beneficiary or, proportionately, the income beneficiaries thereof (or to a parent or legal guardian in the case of a minor beneficiary). Upon such termination, the remainder interest in such trust shall be extinguished and the Trustee shall be accountable with respect to such trust only to such income beneficiary or ber.~eficiaries (or to a parent or legal guardian, other than the Trustmaker, in the case of minor beneficiary). (G) JURISDICTION OF ADMINIS'iRATION To minimize any tax in respect of any trust, or any beneficiary thereof, or for such other purpose as it deems appropriate, the Trustee may in its sole and absolute discretion remove all or any part of the property of, or the situs of administration of, such trust from one jurisdiction to another and elect, by an instrument filed with the trust records, that thereafter such trust shall be construed, regulated and governed as to administration by the laws of such other jurisdiction. .----~}~7 V ~- g H. OTHER POWERS OF THE TRUST The Trustee shall have all powers conferrE~d upon it by law and, without limitation, the following additional specific powers as to the trust property and may exercise the same in its sole and absolute discretion without Court order or approval: (a) To borrow upon such terms and conditions and for such purposes, and to give such security therefor, as it deems advisable. (b) To vote directly or by proxy any securities held thereunder for any purpose including shares of any mutual funds advised by any Affiliated Entity. (c) To make any division, distribution or partition of the trust property in cash or kind, or partly in cash and partly in kind, pro rata or non-pro rata. (d) To employ, and to delegate any of :its discretionary powers to agents, attorneys, investment advisors, or accountants as it deems necessary and proper and to pay for such services from the trust property. (e) In connection with any trust property to which any person, other than my son, who is then under the age of twenty-one (21) years becomes entitled (including any discretionary distributions), (i) to pay over such property, without bond, directly to such persons, such person's guardian or conservator, the person with whom such person resides, or any custodian for such person under the provisions of any Uniform Transfers or Gifts to Minors Act; or (ii) to hold any portion or all of such property which is not paid over as provided in the foregoing clause, though vested in such person, in trust for the fo:lowing uses and purposes: to hold and manage the same and to pay or apply so much, including all, of the net income and principal to or for such person as the Trustee in its sole and absolute discretion shall determine to be advisable (adding any net income not so paid or applied to the principal annually), and the Trustee may but need not consider any other income or resources of such person; and when such person reaches the age of twenty-one (21) years, any property then remaining in the hands of the Trustee sha1:1 be paid over to such person, or upon such person' s death before rE~aching the age of twenty-one (21) years, to such person's personal representative. The Trustee shall be completely discharged with respect to the payment of any such property made pursuant to any of the above provisions. "`~ 10 TENTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executrix pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executrix deems best. IN WITNESS WHEREOF, I, RICHARD H. HARRIS, JR., the Testator to this, my Last Will and Testament, typewritten on eleven sheets of paper which I have identified at the bottom of` each page by my si nature, hereunto set m,/ hand and seal the _~ day of o~e,,,,,1~,;z,~ 19 9 7 . RICHARD H . ~:[ARR I S , JR . _6 ;.~:~ The preceding instrument consisting of thi~l and eleven other typewritten pages, each identified by the :signature of the Testator, RICHARD H. HARRIS, JR., was on this day and date thereof signed, published and declared by RICHARD H. HARRIS, JR., the Testator therein named, as and for his Last Will, in the presence of us who, at his request, in his presence, and i:n the presence of each other have subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN /~~ ~~~ I, RICHARD H. HARRIS, JR., Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I s_Lgned and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. R ICHARD H . ~[AR.R I S , Sworn of aff~.rmed to and acknow~ lodged before me by ICHARD H. HARRIS, JR., the Testator the ~/''{ day of 1997. (SEAL) 12 (~L~~~-- Notary Public Notarial Seal Michael Cherewka, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Feb. 5, 2001 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ~ / /~ We ~Av - d I'7"• fC~DCC,JFF and ~.~n-e,ru~ 2. R..e_e..c~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesse~~; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue inf]_uence. ~~ ,-~ ,~ ~auz~~~~~~..~~ - ,~ worn r affirmed to and subs' ibed o before me by (/.G~ and ~ witnesses, this -~ ay of 1997. (SEAL) Notary Public Notarial Seal Michael Cherewka, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Feb. 5, 2001 h~ember. Pennsylvania Association of Notaries .~ `"~, c 13