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HomeMy WebLinkAbout11-06-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PE'N~NySYLVANIA Estate of Linda J. Beny File Number _ _~' ~ - Vii - [(J also known as Deceased Social Security Number 182-38-7083 Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for: (COMPLETE `A' OR `B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executrix named in the last Will of the Decedent dated December 13.2001 (State relevant circumstances, e.g. renunciation, death of executor, etc.) rv Q Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted a (>~ecution e~$the -_ -"~ instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an i ~ itated p~on y ~ . r? ~ r-' 1 {/'j ~ tT =rte s ~ 7 ^ B. Grant of Letters of Administration :~ ~ ~, ~-~ (If applicable, enter. c.t.a; d.b.n.c.t.a.; pendente life; durance absentia; durante minoritate) ~~~~ _i .-~. Petitione s after a ro r search hasfiave ascertained that Decedent left no Will and was survived b the followin sous ~._ ~~ r() p pe y g p e.,~t~My) and h~rS: (If t• Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) D ~ `-~ ~' `~..) O '~ Name Relationshi Residence (COMPLETE iN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with her last principal residence at 484 Woodcrest Drive, Hampden Township, Mechanicsbwg, Cumberland County, PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then 49 years of age, died on August 25, 2009 at Harrisbwg Hospital, Harrisbwg,_Daunhin County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal Property $ 2t70, X00.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ TOTAL $200,000.00 None situated as follows: Wherefore, Petitioner respectively requests the probate of the last Will presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si ature T ed or rioted name and residence 7 Jonathan C. Berry 484 Woodcrest Drive, Mechanicsbw , PA 17050 (/ V 757216.1 N_ ~ Oath of Personal Representative ~ o -= = ~ =LL 'C . { ") ~.~ COMMONWEALTH OF PENNSYLVANIA ~~~ o, E~ ~ .s c rl -~ ~--~ ~~ -a ..., . COUNTY OF DAUPHIN C~ ~ ~ ~"` The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the fore~Sing Peti tic~are -. true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representat~(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirm and subscribed Before me the ~J~'-~ day of C~ a,~ 9 T For a Register gnature of Personal Representat' e Signature of Personal Representative Signature of Personal Representative File Number: a ~ - Oc{ ' /Oy7 Estate of Linda J. Berry ,Deceased Social Security Number 182-38-7083 Date of Death: August 25, 2009 AND NOW, IUCIU,Q~L~b21' ~P ~~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters are hereby granted to JO1~Cl f han C ° Lae f~'~f . in the above estate and that the instrument(s) dated t a -1,?i - ~Gb described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................$ ' () . QU Short Certificate........... $~()C} Renunciation(s)............ $ ~ .... $~ 1=hy mct frJYl .... $~ .... $ .... $ .... $ .... $ .... $ ...... $ TOTAL ................ $ . Cl~ ~~I ~ '~'1~ c~1 Register of Wills ~Y' ri7 CY,LP Attorney Signature: Attorney Name: StanleX A. Smith Supreme Court I.D. No.: 33782 Address: c/o Rhoads & Sinon LLP P.O. Box 1146 Harrisburg, PA 17108-1146 Telephone: 717-233-573 l _. _.. _. _. _. __ I _.._/_~-_ __ 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 15477939 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 RecordysyO~ffice for permanent filing. ,~~ryrt. ~ C ~ A~ 171009 Local Registrar ~_ Date Issued 3 REV ttrzgDn COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS I PRINT IN ADX CERTIFICATE OF DEATH (See Instructions and examples on reverse) „_.__ n r.~ c C ~ ~°, _ ~I i-I n, C ~ -, ; -, (a c ~ r~ _~ w~. "- + ~ ~ 1 w >~- ~..-Z '~'T'1 1. Name d Dscdee (Fkd, nMddls, oat aunu) 2. Sex 3.102Y _ JO 7003 I. DM9 aM Montlq ,year) ~ ~ ~ Linda J. Berry Female 1~ ~( f ,- 5. Age (Lag 1Mro,d.y) UMer 1 r UMe 1 8. Dale d Sktlr Mmtlt 7. Bi aM Sole d Ba. Pbce d Deem CllAdr one Modlce Deye H01Xf Aanaeo HoeDitel: Other 49 Yre. April 5, 1960 Doylestown, PA urmpatlent ^ ER / Oulpetonl ^ DOA ^ NuraNg Hone ^ Residence ^ Olhar Spedh: /m. c«•rh d Deem &. City. Soro, Trq. d Deem ed. FedXy Name (II not inebAan, gh'• elreel era nunabr) 9. Wee Decedent d HowrAC n7 t~vp 10. Race: Amerkan Indian, Bock, Whib, ek. ~4 to No Ves Harrisbur (n Yea. apedh Cuban. (Speal)7 Harris Hos ital k+~~«n~ PpeRp ~~ ~) White 11. Deadkta'a Ilael IOM d wodr done mod d Me. Do not sob 12. Wee Decedent ever N me 13. Deceded'a Edcatlon (Spedh onh higleel grade camplebd) 11. Medal Statue: Mmbd, Never kbnbd, 18. Suvenng Spouse (n wNe, gNe maiden name) IOM d Work IOM d Sceaeeal lnduehy Ps 1 ist blic School U.S. Arced Forrce~e7 EbnoMary I SeoorMary (0-12) College (1d a 5+) Widowed. Divorced (SpxJ/y) ^ Y.e 7fAkb 5+ Married Jo>:~than C. Be 18. Decedere'a Meinp Addens (Sheol, dry I own, state, rip coda) 484 Wo dcr t D DecedenYa Did DaudeM It*, LT~,~.,,i Acbel Residence 17a. state Pennsulvania Live N a 17c. IE11 Ves, Decedent LNed in 1°"E^a~ rwp o es r. M 11 1 PA 17050 . rown~, uIF>~ l fl„.~ 17d. ^ ~ ~n ~LFied within 1fi. ~h O BC 81] C3 . Cih I Soro 18. Fedofa Name (Fact nYdde, ML sWPor) Walter Jamison 19. Motlbfe Name (Fast mode, meberl sumarre) Poll Williams 2a~(Ty{p:Pra~, ~y - lv ISe 20b. ~fpggenr g •,es`~' ~r~:'; tea) nicsburg PA 17050 4 ~ S 4 21a. Medbd d Dinpmnim r ~Ganyyon ^ Dansdon 21b. Dab d DbpceNer (MaM, day, year! 21c. P la c e d DkpceSOn (Name d CemNery, mmelay a over pbce) 21tl. locetlan (CNy/town, dao, zq cede! ^ ~~'"' ^ "°""~''~^~B1a ; q~IleaEz. wre°on~'"Ae~'~dEXra^ ~ August 27, 2009 !linger Cremation Services Mt. Holly Springs, PA 22a d Fuld Swice each) 0 o n 22c. Wme and Mdeee d FetlYry yvye,erS~I~arCler FLlllQral H~Ille ` 7' Dmobb Memo zsec only wMn pRMying 23e. To the beet d my knowbdge, deem ecaned d ab Mm.; gait eM plea stead. (slgeore end tllle) 2 . Lipnee Nimber 23a Deb Signetl (Mpgh, day, Year) phYOden o ml aveMae d Mme d drat b oerdh cerre d deem. Ibne 2428 met h cernPleted M perem 2!. Time d Deem 25. Dab Deed (Momh Y. Year) 28. Wee Ceee Referred b Medcd Examiner I Coroner or a Reagan Omer ben Cremetbn or Oorieacn4 who prabubee tleem. M. ~ a ~ ~ ~ ^Ves [~ CAUSE OF DEATW (Sas ImInxMlene and ) r Approdrceo Norval: Ibrn ZT. Part I: Emer tle - daeeeea, apace, a cernPloeYOre - amt drecih ceueed the deem DO emer teminel event each ss rardec erred. r Onset b Deem PaR II: Eder otMr but rql reeu Ilaig N die undeRyarg new piwn k PaR I. 28. DM Tobsoco Ilae Contribute o Deem? ^ Yea ^ Probebh mpaatory amd, or vMtdCWr flbrMeMorl vdereA dlowag etldogy. let only one cew on Mne. r Q ^ ~ AIO UnWbwn aa1ELIA ) /'1V ~( miAtlori in ~i m)~ a. ~`J~Q~~ ~.J ~` ~~~J ("' ( ` l+~(1 \,Q,.~ i e ~ CUr~ 2S. n Female: ~'Ir r dM b (er ae 8 OOrnBQIbI1Ce OY~: r M cerrdearu, M ery, b. ~ b oew Medan Ina e a d pregnem within pad year ^ Pregcent at 6ne of deab ^ . LLYNO CAUSE Orb b (or ac a carrapence oyl: ~ Fapr IIN D EI Not pregnant hln pregne^t within /2 de Ys M~ Ma y ~ ~ i « ~ ~ d deab c. i v we iiiyti in d eari) LAST ^ Due b (ar u a mrequnpa op: i Nol pregnant, but pregnant 03 days ro 1 year d ~ r before deem ^ Unknown N pregned rMhN be pad year 30e. Wee en Aulopey 30b. Wero Aubpsy FMrKp 31. Meets d Deem 32e. Dale of In(ury IMmm, daY, Y•e0 32b. Deeanfe How NWrY Occurred 32c. Pace d Nyury: Morrie, Farm, Street Faday, PerMnetlT Avaiehb Prbr b Corrpletlow rte/ ~ ^ ~~ lad W Olyge SuilONg, ek. (SFret7y) a caw d De.b9 ^ Yea Na ^ Yea ^ No ^ Accident ^ Pendag Irnatlgeaon 32d. Time a IMury 32e. Injury al Work9 32f. n Treneporblbn Ir(ury (SpecMyJ 32p. lncatlon d irpxy ISUeeL dY /own, deal ^ Sodde ^ Could Nd lb DMerrrenad ^ Yea ^ No ^ DrWarlOperebr ^ Peeeenger ^ PedMnan M Other ~ Spedh: 33t CeRiMer (dsk arch one) d coroner • CeeBlyYg phyakbrr (Pnyeidan artlhaig uw d deem when anober phyekon tba Pronoiaiced death aM cenwobd Item 231 ~~ To1M MMdnry kroebdpe, deeh oCtlered dwbtlb ceree(a)eM mYIlleMebbd_________________________________ ^ • Mq •M ~YVq PMT lPhYdden bob praiandrp deem eM arnhng m ww a deem) ~ ~ cey, Y+e) -- -- -- To the beM d my broweedY•, deem oeeurrM M tle Bete, deo, wM pbce, aM due b tlb cwe•lel and manner>• e1e1M_ _ _ _ _ _ _ _ _ _ _ _ • Wesel lanewlCorors I~x -- V ~"t 1 1 \ '~ (~,~ G' On Ub hub d eeaererellon eM I ar bvBS•BOrt. in mY epNlon, deem ocdMrad M tlb tlme, deb, and pbce, end due o me dauea(e) erid manner a alabd, ^ 31. Nano uW Atldr,ead Wlb Carrpbbd C,~aw,/d~Deem~pbn~QTy)T.ype/PM1d p~,, ~ ` ~ " i 1 ~ ~ ~ 38. Reg'shafe sipeare and DbBkt / ~ / / "' 38 Deb Fled ( daY Yev) ~ \ ~ F TJ:~\i~ 1 ~ 6i N''P i3 Ik " a `W c W~3 "~ '~ - ~ ~ ~ ~ ~ ~ ~ . , ~4~ ~ ~LTnv.~ CuL~ N,1 "lpi ~~ 0366734 Obpadfion Pomdt No. ~ i ~ , f LAST WILL AND TESTAMENT O F ,~,, - n ~ O o `,° -* LINDA J. BERRY ~ ~~ ~ 1-~~ rr, :x7 ..c ~--, ~~ ~ti._. ~ R ..~ 9 ! ~ 1...~ ~....T I, LINDA J. BERRY, of Hampden Township, Cumber~;d-r2~ ~ .- -„ ° ~a County, Pennsylvania, being of sound and disposing mind .~ nd ~ 4'' - ~ c3 ` ~ memory, do make, publish and de clare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to Jonathan C. Berry (hereinafter referred to as "My Spouse") and the children born of our marriage are Nathan D. Berry, Katherine A. Berry, Thomas L. Berry and Kristen G. Berry. As used herein the term "my children" shall refer to the aforelisted children born of my marriage with My Spouse and any children subsequently born to our marriage or adopted by us. 1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children Page 1 of 14 Pages 407334.1 r r ~ living at my death in as nearly equal shares as they shall select under the supervision of my Executor. Any cost of packing and shipping said personalty to the beneficiaries, including insurance, shall be paid by my Executor as a general administration cost. My Executor shall select such articles, if any, as such Executor deems appropriate for any minor and deliver the articles to the minor or to any person or persons chosen by such Executor whose receipt shall be a complete acquittance therefor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give, devise and bequeath said residue to my issue living at my death, per stirpes; provided, however, that (i) should any such issue be a child of mine who has not then attained the age of thirty years, such child's share shall be retained by my Trustee hereinafter named, IN TRUST NEVERTHELESS, Page 2 of 14 Pages ~_. __ _ r r to be held, administered and disposed of as a separate trust estate in accordance with ITEM 3 for the benefit of such child t ~ (the "Child's Trust"); or (ii) should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-five years, each such issue's share shall be retained by my Trustee hereinafter named, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). If My Spouse and all of issue die before me, my said residuary estate shall be distributed in accordance with ITEM 5 of this Will. 3. CHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Child's Trust, collect the income and (a) Until the beneficiary of the Child's Trust (the "Child") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Child such amounts of the net income and principal of the Child's Trust as, in the sole discretion of my Trustee, shall be necessary for the Child's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Child's Trust. (b) After the Child shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Child the net income derived from the Child's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of Page 3 of 14 Pages r my Trustee, shall be necessary for the Child's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Child's Trust the Child shall have then attained the age set forth below or if the Child shall thereafter attain that age, upon receipt by my Trustee of a written request from the Child, my Trustee shall distribute outright to the Child the fractional portion of the then remaining principal of the Child's Trust set forth below: Ache Fractional Share Twenty-five years One-half Thirty years Balance then remaining (d) If a Child shall die before final distribution of the assets of the Child's Trust is made, the then remaining principal and any undistributed income of the Child's Trust shall be distributed to the Child's issue then living, per stirpes; provided, however, that if any such issue shall not then have attained the age of twenty-five years, each such issue's share shall be retained by my Trustee as a separate trust estate, IN TRUST NEVERTHELESS, each to be held, administered and disposed of in accordance with the provisions of ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). If the Child has no issue then living, then to my issue then living, per stirpes; provided, however, that if any such beneficiary is then a beneficiary of a Child's Trust or Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. If I have no issue living at the termination of the Child's Trust, all such assets shall be distributed in accordance with ITEM 5 of this Will. Page 4 of 14 Pages 4. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Grandchild's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the age of twenty-five years or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the then remaining principal of the Grandchild's Trust. (d) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then living, per stirpes; oz if the Grandchild shall have no issue then living, to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent Page 5 of 14 Pages shall have no issue then living, to my issue then living, per stirpes; provided, however, in any event, if any such beneficiary is then a beneficiary of a Child's Trust or Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust, as the case may be, as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. If I have no issue living at the termination of the Grandchild's Trust, all such assets shall be distributed pursuant to ITEM 5. 5. CONTINGENT DISTRIBUTION. I give, devise and bequeath any assets to be distributed in accordance with this ITEM as follows: one-half of any such assets to my intestate heirs living at the time for any distribution under this ITEM, and one- half of any such assets to My Spouse's intestate heirs living at the time for any distribution under this ITEM, such heirs to be determined under the laws of the Commonwealth of Pennsylvania then in effect. 6. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of.any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me, My Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled Page 6 of 14 Pages 7 r ~ to receive the income therefrom, whether in my Trustee's discretion or otherwise. 7. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 8. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who Page 7 of 14 Pages shall have died first, shall be deemed to have predeceased such beneficiary. 9. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Tfustee may deem advantageous to my estate or trust, any or all Page 8 of 14 Pages real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. Page 9 of 14 Pages t ~ f ~ ~ ~ (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (o) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 10. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes Page 10 of 14 Pages paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 11. GUARDIAN OF MINOR PERSONS. If My Spouse does not survive me, I appoint my brother, DAVID T. JAMISON, now of Quakertown, Pennsylvania, as the Guardian of the person of each of my minor children. 12. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Trustee hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 13. TRUST MERGERS AND TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. (b) If, in the sole discretion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of court approval, shall terminate such trust by distributing all the income and principal. of the trust to the then income beneficiary or beneficiaries of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue Page 11 of 14 Pages r-7 e to apply to it. The Trustee discretion herein granted shall in no event be construed as giving any potential distributee of a trust the right to compel a termination in whole or in part of such trust. 14. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, JONATHAN C. BERRY, as Executor of this Will. If for any reason My Spouse should fail or cease to act, I appoint my father, WALTER H. JAMISON, of Newtown, Pennsylvania, as Executor, and if he should fail or cease to act, I appoint my brother, DAVID T. JAMISON, as Executor. All references in this Will to my "Executor" shall refer to my originally named Executor, or to my successor Executor, as the case may be. 15. TRUSTEE APPOINTMENT. I hereby appoint my father, WALTER H. JAMISON, and my brother, DAVID T. JAMISON, as Co- Trustees of any trust created hereunder. If for any reason either of them should fail or cease to act, the other or others shall act or continue to act with all of the powers granted to the two of them. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to or for the benefit of his or her issue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". An individual Trustee shall be Page 12 of 14 Pages . s + ~ deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of said individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. If there is ever only one Trustee serving hereunder and no successor is herein named, such sole Trustee may, by written notice directed to the life tenant and the Trust, designate his or her successor(s) or Co-Trustee(s) to serve with him or her, any such designation to be effective without court approval. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my originally named Co-Trustees or to my sole successor Trustee, as the case may be. 16. WAIVER OF BOND; FIDUCIARY FEES. Any Custodian, Executor or Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. Page 13 of 14 Pages ' ~ ., IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding thirteen (13 ) pages, this j3'~ day of ,~,~tm,~~~ 2001 . li~_" `. ( SEAL ) Linda J. erry ~f We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and (SEAL) Residing at ~~ i GQ•(/l~ G ( SEAL ) Residing at : ~l~ N_Q ~ v~ P~ Page 14 of 14 Pages ., • ~ .. ~ o COMMONWEALTH OF PENNSYLVANIA . COUNTY OF ~I~xP~~ - SS . We, LINDA J. BERRY, and ~. ~~~~bic.c.. the Testatrix and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each of the witnesses, in the presence of the Testatrix and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. ~~ Li err Wit s 'tness Subscribed and acknowledged before me by LINDA J. BERRY, the Testatrix, and subscribed and sworn to before me by and - the witnesses, o n t h i s ~-t~ day o f k~~~Cl~,c~G._-_ 2 0 01. No ry Public y Commission Expires: (SEAL) -~.-„~~ NOTARIAL SEAL YVONNE R. DURHAM, Notary Puiblfp ~~ Haritstwrg, Dauphin County y Commission Expires Aug. 20, 2005 Sher, Pennsylvania Association of Notaries ,~~ /1.1.1\, ~111~ 111111) RHOADS --- & SINON LLP November 5, 2009 RE: ESTATE OF LINDA J. BERRY Ms. Glenda Farner-Strasbaugh Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Ms. Farner-Strasbaugh: Stanley A. Smith ph (717) 231-6628 fx (717) 231-6676 ssmith@rhoads-sinon.com FILE NO: 793 g~2 ~_ ~~ \~ ...k ' 'n". ~[3 "` rY a .. rJ O 'p ~ x '~ ~ `~ ~ ~ _ --_; We are submitting to you for probate the original Will of Linda J. Berry who died on August 25, 2009, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will. 2. Original death certificate. 3. Petition for Grant of Letters. You will note that the oath of the Executor was taken by the Dauphin County Register of Wills. 4. Estate Information Sheet. 5. Check in the sum of $310.00 representing payment of probate fee of $200,000; the cost of five short certificates at $20.00; the automation and JCP fee of $15.00; and the fee for the Will of $15.00. Kindly time stamp the copies enclosed and return them to us in the envelope provided. If you have any questions regarding the enclosed, please contact the undersigned. Enclosures Cc: Mr. Jonathan C. Berry (w/o encl) 760092.1 Rhoads 6t Sinon LLP Attorneys at Law Twelfth Floor One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 • ph (717) 233-5731 fx (717) 232-1459 • www.rhoads-sinon.com Very truly yours, -~ nr --..