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HomeMy WebLinkAbout10-01-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of ANGELO P. NAVAGATO File Number ~~~ t/ ~~ ~~~ also known as ,Deceased Social Security Number 156-OS-8019 MICHAEL T. BONGIORNO Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ~~ ~ o -_--} ..a ~-; ,_ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor ?' C j C~Brned tiTthr-_.; 12/20/04 ~ r ~~ ~ ~ _ r last Will of the Decedent dated and codicil(s) dated t' ~ -+ -' ? _ T - _: -- Pf''t 1 - ; ~ J~' _ - _, ; j (-} 1 (State relevant circumstances, e.g., renunciation, death of executor, etc.) ~ =`ri ~"' -~ ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the.~{t;strument~offer~d: _. y .,. for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~C' ~ ! B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) Petitioner(s) after a proper search 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.) (COMPLETE INALL CASES:) Attach addkional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1100 Grandon Wav, Mechanicsburg, PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then 92 years of age, died on 9/6/09 at Loyalton of Creekview 1100 Grandon Wav Mechanicsbur PA 17050 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ S~DDO~ ~ (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: or printed name and residence v~,~~~ . /J~, ~~~~~ I Michael T. Bongiorno, 136 Briarwood Court, Camp Hill, PA 17011 Form RW-02 rev. 10.13.06 Page 1 of 2 ;15 hf l5 NI-~ illr. I) t ~, ~ C~ ~'S,.-! n II LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ee for this rertifirue. $6.0+J P 15690259 Certification Number I REV tvz9os / PRINT IN IMANENi 4CK INK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE Fn P Nt IMRFR 1. Name of Decedent (First middle, last, suffix) 2. Sax 3. Social Security Number 4. Date of Death (MOnN, day, year) Angelo P. Nava ato Male - 5. Age (Lass Birthday) Under t ear Under 1 da 6. Date of Bidh onN, da , ear Z & ce Ci and state or lOr ei coon 6a. Place of Death Check grit one 92 Yr. Monms Days Hours Minut¢s Febru~y~~ 13 1917 "'"'~ ~ Jerse Cit NJ Y Y7 Hospital: ^ Inpatient ^ ER I Outpatient ^ DOA Other. $RNursin Name ^ Residence 9 ^ Omer - Spemry eb. County of Death 6c. City, Boro, Twp. 01 Death 6tl. Facillry Name (II not Institution, give street and number) 9. Was Decedent of Hispanic Origin? 0 ^ Yes IO Race. American md,an, Black, White, etc Ctanberland en '-"' " 1O '• Lo alton of Creekview 1. yea, opacity abort, Y ,Speflfyi c k Mexican, PuanO Rican. etc) WLly to 11. Decedent's Usual Occu anon Kind of work done tlunn most of workin life. Do not state refired 12. Was Decedent ever in the 73. Decedent's Education (Specify only highest grade completed) Iq. Mardal Status: Monied, Never Mamed. 16. S urviving Spouse (n wde, give maiden name) Hlr~ of Work Ki tl Of Business Ilndus~ry Electrician St f C U.S. Armed forces? Elementary I Secondary (0-12) College (t-4 or 5+) Widowed, Divorced (Specryl NS r N d ee ompany ettle YQ Yes ^Nd 16. Decedents Mailing Address (Street dty 1 town, state, zip code) 1100 Grandview WaY Decedent's Did Decedent rryye~ Actual Residence 17a. Slat y Live in a cPenI1S lvanla lLpYes. Decedent Lived in Ha 17c m~x~lPn Twp MechanicsburO PA 17050 Tpwnanip? 17b. county CY*nhP,-1 anci ,7d ^ Ne, Dapadant Liyad whhin . O 7 Actual Limits of City; Boro 18, Father's Name (First, middle, last, suNix) 1 g, Momets Name (First, middle, maiden sumeme) Dominick Nava ato 0 20a Informant's Name (Type I Print) 20b Inlormanfs Mailing Address (Street city I town, state, zp code) Michael Bongiorno 136 Briarwood Ct. Camp Hill, PA 17011 21 a-Method of Disposition ^ Crematon ^ Donation 21b. Date of Olsposifion (Monet, day, year) 21e-Place of Dlapositlon {Name of cemetery, crematory or other place) lid. Location (Cfry/town, state. zip code) Burial ^ Removal from Sufe r Was Cremation or Donation Authodzed • Sept. 10, 2009 dolling Green Memorial Park Cam Hi11 PA 17011 ^ Np ^ Other ~ S ea ~ by Medical Examiner r? ^ Yes p , ~ 22a. Si ur I Funeral S 22b. License Number 22c. Name and Address of Fadtgry Myers-Horner Funeral Home 014819 Complete Rams 23a-c only when cedilying 23a. To the best t Know) ,death Nefime, date and place stated. (Signature and title) 23b. icense Number 23c. Dale Signed (Mo Ih, day, year) physician is not available at time of deem to r+ ~~~~ L ~ ~~~ ~ / 7 S /G ~/ , / l ~ -Y. '.; `~~ Certify cause 0l deem. G/i L~{F /c; .jL J~/. - i ~ ,~ / (. .~,~ s -r-~ .:. y~ ~ Items 24-26 must 6e completed by person 24. Time of De th r, ' r 25. Dale Prone d Dead (Month, tley, year) ~ 26. Was Case Referred to Medical Examiner /Coroner for a Reason Other man Cremation or Donauonn who pronounces death. , ~( ~ G M. _ ~cr'.:y ~ f ~ ~~~ 1Q J ^ Yes ~ No CAUSE OF DEATH (See Inslructlons and ex mples) , Approximate interval: Patl II; Enter other simificanl conditions contributing Io deem 26. Did Tobacco Use Contribute to Death? Item 27. Pad C Enter the chain Of events -diseases, injuries, a complications ~ mat directly caused the tleaN. DO NOT enter terminal events such as cardiac arest. Onset t0 Death but not resNtirvg in the underlying cause given in Part I. ^ Yes ^ Probably respiratory arrest, Or ventricular IiNdlalion wtthout showing the etiology. List only one cause on each line. No ^ Unknown IMMEDIATE CAUSE (Final disease or t ~ - 29. It Female. ~ , t condition resulting in death( _~ a / ^ N Due f0 (or aa.a consequence W) r Ol pregnant within past year ^ Pregnant at Irma 0, death I C Sequentially list conditions, tl any, b r ~ f ^ ~ leadingg 10 the Ceuae 6Sted on line a. t Y1NG CAUSE Due to (or as a consequence t D R NOI Dregnant but Dregnanl within 62 days Enter the UN E l (disease or injury Nat initlated me c. t ltin m d aOY LAST ~ r a i of death ^ s resu g ) . even e Due to (or as a consequence oft. Not e nanl, bN pr g pregnant 43 days to 1 year before tleam d. n if r ^ Unkno t ithi h p w egnan w n t e past year 30a. Was an Autopsy 30b. Were Autopsy Findings 37. Manner of DeaN 32a. Data of Inlury (Month, day, year) 32b. Descrrhe Now Injury Oxuned 32c. Place O(Injury. Home, Farm. Street Factory, Pedomretl? AvaAable Poor to Completion atural ^ Hanicge Office Building, etc. (Speciy) 01 Cause of Deam4 ss----ll~/ s rv ^ Y ^ Yes ^ No ^ Accident ^ Pending Inveslgatiw 32d. Tvne of Injury 32e. Injury at Work? 32f. II Transpodatlpn Injury (Specity) 32g. Locaton of injury (Street, city /town, state) ly o e ^ Suicide ^ CouW NW be Determined ^ Yes ^ No ^ Dnverl0 ^ Passen ar Aerator g ^ Pedestrian M_ ^ Other- Specity: 33a. Certlller (check onry one) 33b. Signature and Title of Certifier • Certdying physician (Physician cediMng cause 01 death wnen another physician has pronounced death sib completed Item 23) To the hest of my knowledge, death Courted due to the rouse(s) and manner es Haled _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , • Pronouncing and certifying physican (Physican both pronouncing death and cenlying to cause of death) 33c. License Number 33d. Date Signed (MONK day, yeaq To the heat of my knowledge, death occurred et the time, date, and place, and due to the Cause(s) and mariner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • Medlwl Examiner I Coroner `` I OJ ~/ ~ - `I~ ' (~ q e ~i1YQ D / On the basis of examination and I or investigation, in my opinion, death Courted of the dine, dale, and place, end due to the wus•(s) and manner as stater) ^ 34. Noma and Address of person Who Cmplele(I Caugsoy~ tam 27 S 7! of IDrinl^ ,(0 /(~ Registrats 'gnature and District NumhGr ~ 35 3fi. Da W FI d (Mo th, day, year) .. ~ ~~j ~~ ~ yA _ . J p 4 O 70~ This is to cea-tiiv tl),It the infi,rmatitm here ~ritien is corr~ctiy rupied f;~om an ori_~inal CeLtiiirale oi~ Death duly tiled with me .,~ Local Rcgish~ar. The original certificate will ire l<x~~~aarded to Ilse St<)te Vital Rervrds Office ft 9r (~ennanent tilint_. EP 09209 Local Registr~tlr Datc [sued rv C7 C © ~ -: ~, -~ ~7 ~ r ~~ -" ~ Z C7 -i ~' ~~-~t~rt _ 1 ~ ,~ - ' ~ .~.. ~~ <l l ~ t ,r ... _ `..~ F~ ""11 3 _ ~ 11 t-- _ ~ ' _ll __I O _r) '~`-,, s ~ tiC? _ / Diapdaidpn Permit No. 0366738 ~/~~f~~1 '~.a~t viii attb ~e~tam~ent of Angelo Navagato I, Angelo Navagato, of Cumberland County, State of Pennsylvania, make, publish, and declare this to be my Last Will and Testament. Though I realize the uncertainty of this life, I have full confidence and trust in my Lord and Savior Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life. PART ONE ~_~ ,_ ~~ n ~~ ~ INTRODUCTORY CLAUSES '_<<_~ ~ ~ ~ ~? -- - :_ ~.° r~ ~ ARTICLE 1-1: REVOCATION OF PRIOR WILLS ~ ~ ~ `- ~ z~ ,, I hereby revoke all Wills and Codicils that I have previously made. - ~ <_ -_, ARTICLE 1-2: DECLARATION OF FAMILY `~ ~'' I am a single man. At the writing of this Will, I have no living children or issue. I have no deceased children. All references to my children are to any child hereafter legitimately born to or legally adopted by me. ARTICLE 1-3: PAYMENT OF DEBTS I authorize the payment of all my just debts and expenses as required by law. ARTICLE 1-4: PERSONAL PROPERTY For all purposes of this Will personal property includes both intangible personal property as well as tangible personal property. LAST WILL AND TESTAMENT -Angelo Navagato V~' lhitials PART TWO DISPOSITION OF ESTATE ARTICLE 2-1: TANGIBLE PERSONAL PROPERTY 2-1.1: Gift of Property. I give my jewelry, clothing, household furniture, appliances, furnishings, books, paintings, heirlooms, and other tangible personal property of a similar nature (other than money, evidences of indebtedness, documents of title, securities, motor vehicles, recreation vehicles, and property used in a trade or business), together with any insurance on such property, to those persons named in a written statement or list in my handwriting or signed by me, prepared either before or after the execution of this Will, and which describes the items and devisees with reasonable certainty. 2-1.2: Alternate Gift of Property. To the extent not disposed of by such written statement or list, I give said tangible personal property, or my interest in any such property, not otherwise specifically disposed of by this Will or in any other manner, together with any insurance on such property, pursuant to the following provisions of this will, as part of the residue of my estate. ARTICLE 2-2: DISTRIBUTIONS FOR BENEFIT OF MINISTRY 2-21 Charitable Gift. I give, devise, and bequeath ten percent (10%) of the rest, residue, and remainder of my estate to the Assemblies of God Foundation, Springfield, Missouri, or its successor in interest, to be distributed to the following charitable organization in the percentage designated: Valley Forge Christian College, Phoenixville, Pennsylvania 100% In the event this charitable organization has ceased to exist before distribution to said organization, I direct the Assemblies of God Foundation, or its successor in interest, to distribute to another charitable organization that has a purpose and mission similar to the organization that has ceased to exist. The Assemblies of God Foundation, or its successor in interest, shall have the right to determine such charitable organization in its sole and absolute discretion. 2-2.2: Distribution of Remainder. I give, devise, and bequeath the remaining ninety percent (90%) of the rest, residue and remainder of my estate as then constituted as follows: Equal shares to Michael T. Bongiorno and Carole Bongiorno, 45% of Camp Hill, Pennsylvania, or the survivor of them, but if they are not then living, then in equal shares to Marisa N. DiSalvatore, of Wellsville, Pennsylvania, and Mia G. Bongiorno, of Camp Hill, Pennsylvania, in accordance with the laws of intestate succession 2 LAST WILL AND TESTAMENT -Angelo Navagato W~~fnitials Frederick L. Navagato, of Camp Hill, Pennsylvania, if he is 45% then living, but if not, then in equal shares to Maria A. Navagato, of Camp Hill, Pennsylvania, and Michael G. Navagato, of Camp Hill, Pennsylvania, if they are then living, but if not, then to Good Shepherd Roman Catholic Church, Camp Hill, Pennsylvania American Humane Association, Englewood, Colorado 10% ARTICLE 2-3: MISCELLANEOUS DISPOSITIVE PROVISIONS 2-3.1: No Contest. If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, or institutes other proceedings relating to the estate without probable cause for such proceedings, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without descendants. 2-3.2: Non-Exercise of Power of Appointment. I refrain from exercising any power of appointment that I may have at the time of my death. 2-3.3: karate Property. All property or income distributed pursuant to this Will shall be distributed as the sole and separate property of the person to whom it is given and the income, rents, issues and profits thereon shall remain the sole and separate property of said person. 2-3.4: Failure of Remainder. If at the time of my death, or at any later time before frill distribution of the entire trust estate, all individual beneficiaries provided for under this will and their issue are deceased, any unvested portion of my estate or of any trust estate shall be distributed to the Assemblies of God Foundation, Springfield, Missouri, or its successor in interest, to be distributed to the charity described in Article 2-Z above. 3 LAST WILL AND TESTAMENT -Angelo Navagato V\ ~ Initials PART THREE DESIGNATION AND SUCCESSION OF FIDUCIARIES ARTICLE 3-1: DESIGNATION OF PERSONAL REPRESENTATIVE I appoint Michael T. Bongiorno, of Camp Hi11, Pennsylv . ,_s personal representative of my estate. If said personal representative shall for any reason fail to qualify or, after qualifying, shall cease to act as personal representative, Iappoint Frederick L. Navagato, of Camp Hill, Pennsylvania, as alternate personal representative of my estate. ARTICLE 3-2: ANCILLARY APPOINTMENTS If it shall be necessary for a representative of my estate to qualify as a personal representative in any jurisdiction other than my domicile, I appoint as ancillary personal representative in such jurisdiction such person or corporation (including my domiciliary personal representative} as may be designated, in writing, by my domiciliary personal representative. Such ancillary personal representative shall have in such other jurisdiction all the rights, powers, privileges, and immunities conferred upon my fiduciaries under this will and under the laws of such other jurisdiction. ARTICLE 3-3: BONDS WAIVED I direct that each personal representative, including successors, shall be permitted to qualify and act without the necessity of giving a band or other undertaking in this or any other jurisdiction for the faithful performance of such fiduciary's duties, or if any bond shall be required by law or rule of court, without the necessity of sureties thereon. ARTICLE 3-4: COMPENSATION OF PERSONAL REPRESENTATIVES 3-4.1: Corporate Compensation. Any corporate personal representative shall be entitled to receive, for services as personal representative hereunder, compensation which is fair, reasonable and customary with respect to trusts and estates of similar size and character; provided, however, that all fiduciaries shall be entitled to receive reimbursement for any and all out-of-pocket expenses incurred in connection with the discharge of their duties. Should the same entity be acting in more than one capacity (as personal representative under this will and as trustee of a trust created hereunder), such entity shall be entitled to reasonable compensation in all capacities in which such entity is then acting, provided, however, that no such entity shall be entitled to compensation for the same service in more than one capacity. 3-4.2: Compensation of Individual Personal Representatives. Except as otherwise provided herein, individuals who serve as personal representative hereunder shall be entitled to reasonable compensation and to reimbursement for any and all out-of-pocket expenses incurred in connection with the discharge of the duties of said office. 4 LAST WILL AND TESTAMENT -Angelo Navagato U'~ ~i~nitic~ls ARTICLE 3-5: PERSONAL REPRESENTATIVE LIABILITY 3-5.1: Personal Representative's Liability. No personal representative or co-personal representative hereunder shall be liable for any mistake or error in judgment, but shall be liable only in the case of bad faith or dishonesty. In the absence of bad faith or dishonesty, a personal representative or co-personal representative shall in no event be liable for any loss which may occur by reason of an operating loss or by reason of depreciation or decline in value of properties at any time belonging to (i) a trust created hereunder or (ii) my estate. 3-5.2: Self-Dealing. Any person or entity which is serving as personal representative hereunder is specifically authorized to employ, retain or engage any person, firm, or organization to render services to any trust established hereunder and/or my estate without incurring any liability for self-dealing by reason of such employment, retention or engagement. 5 LAST WILL AND TESTAMENT -Angelo Navagato ~ jnitials PART FOUR GENERAL TRUST AND ESTATE PROVISIONS ARTICLE 4-1: DISCLAIMER Except as otherwise provided in this Will, any beneficiary under this Will may renounce and disclaim, in whole or in part, any gift, interest, right or power hereunder. Except as otherwise provided elsewhere in this Will, the property and interest renounced and any future interest which is to take effect in possession or enjoyment after the termination of the interest renounced shall be disposed of in the manner provided in this Will and, if it is not expressly stated in this Will how such disclaimed property and interest shall pass upon disclaimer, it shall pass hereunder as though the disclaimant had predeceased me. ARTICLE 4-2: ADMINISTRATIVE POWERS AND DUTIES 4-2.1: Non-Intervention. My personal representative shall have full power to manage and settle my estate without intervention of any court or courts, including, but not limited to, the power to sell, lease, mortgage, invest, reinvest, exchange, manage, control or in any way use and deal with any and all property of my estate. My estate shall not be subject to supervised administration. However, if my personal representative shall petition for supervised administration, it is my desire that such administration be ordered. If any other person interested in my estate shall petition for supervised administration, it is my desire that such administration, nevertheless, shall not be ordered, unless changed circumstances would require supervised administration to protect the interests of my estate and its beneficiaries. 4-2.2: Continuation of Unincorporated Businesses. I authorize my personal representative to continue any unincorporated business or venture in which I am engaged at the time of my death in the same business form throughout the period of administration of my estate if my personal representative, in his sole discretion, deems such continued operation of such business or venture to be in the best interest of my estate and its beneficiaries. 4-2.3: Administration of the Personal Representative. Except as otherwise provided in this Will, in addition to the powers enumerated in the provisions, statutes, regulations, and case rulings of applicable state law, my personal representative shall have power (except as otherwise provided herein), without prior appraisal, authorization or approval of any court, to do everything they shall consider advisable in the management of my estate even though it would not otherwise be authorized for fiduciaries under any statute or rule of law, including within this grant, without impairing its plenary nature, the following powers: (a) Tax Elections. To make all elections and to take all other appropriate actions with respect to taxation of every kind applying to me or my estate. Such power may be exercised regardless of the effect of such exercise upon the comparative values of the several gifts made by this Will, and my personal representative shall not be required to make any adjustment in the amount of any gift or in the income or principal of my estate in order to compensate for the effect of such exercise. However, if my personal representative is also a beneficiary under this Will, such personal representative shall not participate in the exercise of such power so long as any person who is not a beneficiary is acting as co-personal representative. (b) Method of Payment. To pay or apply any money or other property payable to any person, including, but not limited to, persons under a legal disability, in such of the following ways as the personal representative shall in his sole discretion determine: (1) through payment directly to such person, even though he may be under a legal disability; (2) to any parent, guardian, committee, conservator or other personal representative of such person, or to any suitable adult person with whom such person resides; (3) through direct expenditure for the beneficiary's benefit, as, for example, for the purchase of and payment of premiums on policies of insurance on the life of such person owned by such person or his conservator or custodian, or through payment to his doctors, nurses, hospitals, schools or other persons or institutions supplying him with food, shelter, care or maintenance, or other goods, property or service of any kind, not limited to necessities; (4) to any custodian of the property of such person, including custodians acting pursuant to the applicable state Uniform Transfers to Minors Act or similar state statutory provisions; or (5) to the personal representative of any trust for the exclusive benefit of a minor or disabled person. The receipt of any such payee shall be a full discharge for all property so paid or applied. (c) Occupancy of Real Property. To permit any person having any interest in my estate to occupy any real property forming part of my estate or upon such terms as my personal representatives shall consider proper, whether rent free or in consideration of the payment of taxes, insurance, maintenance and ordinary repairs, or otherwise. (d) Distribution in Kind. To make distributions in cash or in specific property, real or personal, or in undivided interests therein, or partly in cash and partly in such property or interest therein, even if shares be composed differently. Except as to gifts of specific property, my personal representative shall have absolute discretion in the selection of property to be allocated in satisfaction of any gift without regard to the income tax basis of such property and shall not be required to adjust the amount of any gift in order to compensate for the income tax liability inherent in appreciated property distributed in kind in satisfaction of such gift. The personal representative is further authorized to distribute my estate subject to any indebtedness incurred by me or my personal representative. (e) Borrowing. To borrow money to enable the personal representative to do whatever the personal representative is hereby expressly, or impliedly, authorized to do, and to secure payment of such indebtedness in such manner as the personal representative shall deem proper. No lender shall be required to see to the propriety of the personal representative's action in borrowing or to the use of the money borrowed. (f) Employ Agents. To employ such agents, consultants, and advisers as the personal representative may deem appropriate, including, but not limited to, investment counsel, custodians of securities, accountants, and attorneys, remunerate them and pay their expenses. (g) Delegation of the Personal Representative's Powers. To the extent permitted by law, to delegate to any personal representative the exercise of any or all powers, 7 LAST WILL AND TESTAMENT -Angelo Navagato ~Inizials discretionary or otherwise. The delegation of any such powers and the revocation of any such delegation shall be evidenced by a document in writing signed by each personal representative making such delegation and each delegatee, who shall sign such document to acknowledge his acceptance of the delegation. So long as any such delegation is in effect, any of the powers delegated may be exercised and any action maybe taken by the personal representative to whom such powers shall be delegated with the same force and effect as if the personal representative delegating such powers shall have personally joined in the exercise of such powers and the taking of such action; however, the delegating personal representative shall not be liable for any action so taken. (h) Leases. To rent or lease real or personal property and to make leases or to grant to the lessee an option to renew the lease or extend the term thereof, or to grant to the lessee an option, exercisable during or at the termination of the lease or of any extension thereof, to purchase the leased property. (i) Wastin Assets. With respect to wasting assets and property subject to depreciation or obsolescence, or depletion, to establish and maintain such reserves as the personal representative shall deem adequate. (j) Receipt of Property. To receive additional property from any source by bequest, devise, or otherwise, and to administer such property in accordance with the terms and conditions hereof. (k) Authority to Deal with Others. To deal with any person or entity, including the personal representative in such person's individual capacity, provided that such dealings shall be for fair and adequate consideration. Such dealings may include the lending of estate funds to any person or entity. (1) Insurance. To purchase insurance of any form, nature or amount; provided, however, that a corporate personal representative shall not use estate assets to purchase insurance to protect itself against personal representative liability. 4-2.4: Sales to Personal Representatives. Any personal representative hereunder is not prohibited from purchasing assets from my estate as long as such personal representative pays the fair market value for the assets purchased. Such personal representative also shall pay a commercially acceptable interest rate on all installment purchases. Nothing herein shall be construed as requiring my estate to sell any assets to any personal representative. 4-2.5: Release of Powers. Every administrative power created by this Will is releasable in whole or in part, temporarily or irrevocably. Any such release maybe accomplished by an instrument in writing filed in any court which has granted probate of this Will or by any other method allowed by law. 4-2.6: Funding of Discretion. Any fiduciary appointed under this Will shall have the power to make divisions or distributions in money or in kind, or partly in each, pro rata or non- pro rata, whenever required or permitted to divide or distribute all or part of my estate or any 8 LAST WILL AND TESTAMENT -Angelo Navagato V`-' ~I itials trust created by this Will. In dividing or distributing any asset of my estate or any trust that is income in respect of a decedent, the fiduciary may take into account the income tax liability associated with the asset, both to minimize the income tax on my estate (or any trust) and the beneficiary and to consider the after-tax amount received by any beneficiary. In addition, in making any distributions hereunder that qualify as a charitable deduction under the Internal Revenue Code of 1986, as amended, any fiduciary shall specifically have the discretion to first use any property, the receipt of which by the fiduciary would constitute income in respect of a decedent for federal income tax purposes, in satisfying these charitable gifts. I direct that no death taxes of any description due because of my death (or any interest or penalties thereon) shall be payable from these charitable gifts. In making any such divisions or distributions, the judgment of the fiduciary in the selection and valuation of the assets to be divided or distributed shall be binding and conclusive. ARTICLE 4-3: CONSTRUCTIONAL RULES 4-3.1: Article. Any reference herein to an Article is to an Article of this Will. Articles are major portions of this Will composed of sections. Each Article is titled and designated as such by two Arabic numerals separated by a dash. For example, this paragraph 4-3.4 is part of Article 4-3. 4-3.2: Child in Gestation. A child in gestation who is later born alive shall be considered as a living child throughout the period of gestation. 4-3.3: Children. Child or children shall mean descendants, as defined below, related, as above required or permitted, to the particular ancestor in the first degree. 4-3.4: Code. The Code shall mean the United States of America Internal Revenue Code of 1986, as amended, in effect at the time in question, and the corresponding provisions of any subsequent federal tax law. 4-3.5: Descendants. Descendants shall mean legitimately born persons in a direct line of descent from a particular individual named or referred to, whether such named or referenced individual be Living or deceased, and lawfully related to such individual by consanguinity or adoption. Living descendants, descendants then living, and words of like import shall include a descendant who is conceived at the time, but only if such descendant shall be later born alive. The requirement of legitimacy shall not apply to adopted persons. An adopted person and such adopted person's descendants shall be considered in this Will as legitimately born descendants of the adoptive parent or parents and of anyone who is by blood or adoption an ancestor of the adoptive parent, or of either of the adoptive parents. Except as otherwise provided herein, an adopted person shall not be considered the descendant of his natural parents or of the ancestors of his natural parents if he is adopted while he is under the age of three (3) years, except where he is adopted by the spouse of one of his natural parents he shall be considered the descendant of such natural parent and the descendant of the ancestors of such natural parent, and his descendants shall be considered the descendants of such natural parent and of the ancestors of such natural parent. For all purposes of this Will, an illegitimate child of a male person shall not be considered the child or descendant of such male person unless such male person expressly 9 LAST WILL AND TESTAMENT -Angelo Navagato C Initials acknowledges such child as his child in writing prior to the date on which such child's interest in any gift or trust would vest in such child if such child were legitimate. For all purposes of this Will, the illegitimate child of a female person shall be considered the child of such female person unless the parental rights of such female person to such child shall be legally terminated. A person who shall be related to a decedent through two (2) lines of relationship shall be entitled to only a single share based on the relationship, which would entitle him to the larger share. 4-3.6: Determination of Distributees. If under any provision of this Will a distribution is to be made to the descendants of any person, the personal representative and the trustee shall make distributions to those persons whom they believe, after making such inquiry as they then think reasonable, to be the persons so described, or if after making such inquiry, they believe there is no such person, they may act upon such assumption. The personal representative and the trustee shall not be obliged to secure judicial ascertainment of the identity of such descendants or the lack thereof and shall be immune from all liability which they otherwise might incur by reason of making the distribution without the aid of judicial settlement or decree. 4-3.7: Dollars. All dollar amounts refer to values expressed in lawful money of the United States of America. 4-3.8: Gender and Number. Wherever a word is used in plural form, but there is only one person or thing within the scope of its application, the word, though in plural form, shall have a singular meaning, and vice versa. Likewise, words of one gender shall include the other gender. 4-3.9: Governing Law. To the extent not in conflict with the provisions of this Will the laws of Pennsylvania shall govern all questions as to the validity and construction of this Will and of all trusts. 4-3.10: Income. Income, as used in provisions with respect to its distribution or accumulation, shall mean gross income, less proper income expenses and charges. 4-3.11: Invalid Provisions. If any provision of this Will shall be held illegal or invalid when applied to any property interest, such invalidity or illegality shall not affect the remaining provisions, or any other property interests, and each provision of this Will shall exist separately and independently, and shall be applied to property interests separately and independently, of every other provision, and this Will shall be construed as if such illegal or invalid provision had never existed. 4-3.12: Order of Deaths. If the order of my spouse's death and my death cannot be established by proof, my spouse and I shall be presumed conclusively to have died simultaneously for all purposes of this Will. 4-3.13: Other Principles of Construction. The word give also shall mean devise and bequeath but shall not mean appoint; the words pay and distribute also shall mean assign and convey; and the table of contents, headings and underlined paragraph titles are for guidance only and shall have no significance in the interpretation of this Will. 10 LAST WILL AND TESTAMENT -Angelo Navagato ~.tnitials 4-3.14: Paragraphs. References in this Will to paragraphs are to paragraphs of this Wi11, which are not sections hereof. 4-3.15: Personal Representative. Use of the term personal representative in this Will is for purposes of clarity only and shall include any personal representative, executor, or executrix of my estate, regardless of the gender or number of my personal representatives. 4-3.16: Power to Interpret. If and when in good faith, the Personal Representative is in doubt as to the proper construction, interpretation or operation of this Will, or as to what property be comprehended within its terms, or as to any question which may arise during the administration of my estate or any trust created hereunder, or the application, interpretation or construction of the laws of the State of Pennsylvania, or as to any other or additional matter involving the administration of my estate or any trust or the rights of any beneficiary or any person otherwise interested under or affected by my estate or any trust, or the rights of any beneficiary under this Will, the trustee and personal representative are authorized to resolve such doubts in such manner as the trustee or personal representative, as the case may be, shall deem equitable and proper, it being my intention thus to avoid suits for construction, instructions, or direction to the fullest extent possible. All decisions and actions of the personal representative and the trustee in the exercise of the discretion and power vested in the personal representative and the trustee by the provisions of this paragraph shall be conclusive on all persons ever interested in my estate or any trust created hereunder. 4-3.17: Principal. Principal, as used in provisions with respect to distribution of property when an income beneficiary xeaches a stated age, or dies, shall include any accumulated income and undistributed income then on hand. 4-3.18: Representation. Whenever a distribution to the descendants of a designated person is to be made by representation, the distributable assets shall be divided into as many shares as there are, at the time such assets are distributable, living descendants in the nearest degree of kinship and then deceased descendants in the same degree who shall have left descendants who are then living, each then living descendant in the nearest degree receiving one share and the share of each then deceased descendant in the same degree being divided among his descendants in the same manner. 4-3.19: Sections. Any reference herein to a section (other than to a Section of the Code) is to a section of this Will. Sections comprise Articles. Each section is titled and designated by three Arabic numerals, the first two of which are separated by a dash and the second two of which are separated by a period. A section maybe composed of several paragraphs. 4-3.20: Support. Support shall mean support, maintenance, health and education. Distributions necessary for health shall include distributions to pay medical, dental, hospital, nursing and invalidism expenses. 4-3.21: Taxes. Taxes shall include interest and penalties thereon. 11 LAST WILL AND TESTAMENT -Angelo Navagato ~~itiats I execute this will consisting of twelve (12) pages, this ~~~ day of ~ztC ~~ ~~' 2004. Angel avagato, estator Signed, sealed, published and declared by the Testator, Angelo Navagato, as and for his last will and testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribe ur names as witnesses. i ness 12 LAST WILL AND TESTAMENT -Angelo Navagato C~~~,Initials COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF CUMBERLAND ) We, Angelo Navagato, J~„r, der ~Y1„~r~r.-~,~.~5 and SQ,~~„~N-a ~~h~,S-t~~, ,the Testator 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 Testator signed and executed the instrument as his last will and that he had signed willingly or directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of his knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ,, ~, Ange Navagato, Tes for ss Subscribed, sworn to and acknowledged before me by Angelo Navagato, the Testator, and subscribed and sworn to before me by ~,~~, k ~z~ `lam„~~~~r Mf,c~c~ and .`j„,,,,ari~.i,G p,,~-te~d~ ,witnesses, this o~~ day of ~~,~m~~ , 2004. My commission expires: -~ Notary Public t~iG ~- 30, ~D ~/ (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Thomas Roh, Jr., Notary Public Lower Allen Twp., Cumberland County My Commission Expires Oct. 30, 2007 Member, Pennsylvania Association flf Notaries