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Home My WebLink About06-22-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSY VANIA 2 Estate of Paul W. Sunday File Number +- ((~' ~~.1 also known as ecease Social Security 195-16-3422 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [X] 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 February 16, 2004 and codicil(s) dated November 23, 2005 (state re evenat ctrcumstances, e.g. renunciation, ea o executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No Exceptions COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence 1846 Spring Road, Carlisle, Pennsylvania 17013 (North Middleton Township) Decedent then 86 years ol~ age died on 6/9/ 10 at Carlise Regional Medical Ctr. Decedent at death owned property with estimated values as follows: (Il' domiciled in Pa.) (Il' not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: /Si ~{G SPr~ ~~. o... ~~ aoc~ aoO. °O ~, oy 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 a ro riate form to the undersi ned: i nature or rent name an rest ence n ,., arry use '' ~ 312 North Baltimore Street Mt. Holl S rin s PA 17065 ~' ., Sandra Loy -~-~~~ /~ ~ i" 1501 Pisgah State Road, Shermansdale, PA C•J ~ _ _ 0 c~ ~~~ ~ (,,,,_ 4 ~ . :..i ~O (7 ~ ` - m -- n~ .L; ' N , <. `' ` ri > _ ~] -' ~ ~ - ' _ t ~ N ~ ~_~) - ; ~ ~ Page 1 of 2 [ ] B. Grant of` letters of Administration (If applicable enter: c.t.a.; .n.c.t.a.; en ente ite; urante sentia; urante 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 db.n.c.t.a., enter date of'Will in Section A above and complete list of heirs.) OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and come to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ~ _ Sworn to or affirmed and subscri before me this ~ ~ ~ ~ (f /'j (?, ; ~/~ Barry L. G se -'~1~~~ Sandra Loy For the Register ~ p ' File Number: Estate Of Paul W. Sunday Social Security Number: AND NOW __ c ,- _-~ . ~ f~J .> ;~ - ~--, p„ t,~ _;-~ ,,_ ,,~ o _ , --I 7 c' 1 Deceased N 0 195-16-3422 Date of Death 6/9/10 20 in consideration of the Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Barry L. Guise and Sandra Loy in the above estate and that the instrument(s) dated February 16, 2004 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) Register of Wills FEES Letters Short Certificates Renunciation TOTAL. , , Signature Attorney Name Sup. Ct. I.D. No Address: Telephone: ~. Robert G. Frey 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Page 2 of 2 ,fee O~-her ~q.~e ~'" ~Cree OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY of CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before e this ~~~ Q ,.. For the Register Barry L. Guise Sandra Loy ~, _, =rte, ~ ~.-rte .~ ~~ ^, File Number: ~ ~ - l~ ' ULo3,3 '- =~ `" Estate Of Paul W. Sunday Social Security Number: _: ---. -- Decea ~d ~ 195-16-3422 Date of Death 6/9/10 AND NOW o~ ~ , 20~in consideration of the Petition, satisfactory proof having been presented befo me, IT IS DECREED that Letters Testamentary are hereby granted to Barry L. Guise and Sandra Loy in the above estate and that the instrument(s) dated _ February 16, 2004 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES Attorney Name Letters ~' ~(p(' ~' Short Certificates i~ - Sup. Ct. I.D. No Renunciatio I ~ ~~ I ~' Address: JCS ~-3 s" ~'L,l~l7f1'iLLtZGt1~, S_ , Telephone: Robert G. Frey Signature 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 TOTAL.. , ~. ~~ Page 2 of 2 al-tU-~(p33 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Paul W. Sunday ,Deceased Stephen D. Tiley and Sharon J. DeVos , (each) a subsribing witness to the [ ]Will Codicil presented herewith, (each) being duly qualified according to law, depose(s) a say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presenc, of each other. (Srgna e) Stephen D. Tiley ~( ignature) Shar n .DeVos 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlilsle, PA 17013 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , 20 Deputy for Register of Wills Carlilsle, PA 17013 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , 20 r--- ~~ Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. O Ni1iMtlYrL~ ,,. C`.i r- ~ c a r. , i QOr1 i1~ t ~. , _ ; CO ~ _ Mlrt ~f1 . ..~. --t ~ ;r_ ~ . ~X ~1 _ " Cpl '_ - .: ~ _ LL! - __,1 ~? ~Z- t: CV ~l-IC-~ DG~ 3~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Paul W. Sunday ,Deceased Robert M. Frey and Trisha A. Liess , (each) a subsribing witness to the~Will [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s) a say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of ach other. ~~~~.~,.~ ~l~ %.~ (Stgna ure) Robert M. Frey (Signature) Trisha A. Liess 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlilsle, PA 17013 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , 20 Deputy for Register of Wills Carlilsle, PA 17013 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed anti subscribed before me this !S~ ~''`` day of ~~ ~ , 20! U Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. t7 w N ri . .- `.'~ u C ~-- ' _ ~ ~`t ~~ . ~ ~- - ;`J 4_ ,l _,~ ~"` `~ ._ , ~ ~;,._, ,.. ~ ~'. i_ , s _ ~ ; . - ~ p -, ~ - ~ ~~ 1 ~~ NOpItiNL1E/iL wpMtraae~rwaryw~er •w~ ~ ~M OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee tlx this certificate- ~6.U0 P 16534.769 t"ertificas~an ~iumher This is to certify that the information here gi~~en is correctly copied from an original Certificate of Death duly tiled with m~~ as Local Registrar The original certificate will be forwarded to the State Vital Records Office for permanent tiling. c~ix~- ~~~~w'~~'r°--~'~ J U-~ 1 1 /2 010 Local Registrar Date [slued tV n Q ~ O Q '1". n ~ ` ~> rn : _- tea I ri ;~ - tv ` t 1 ~~ ~ Sri C~ - ~' `= tv i > N,05-,43 REV „2006 TYPE /PRIM IN PERMANENT BUCK INK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Name d Decadent IFirsL iddde, bsl, sulfa) 2. Sex 3. Social Seariry Number 1. Date d Deam (Mmm, tley, year) N v~ r,~ :~unc~~- M - - - 5. Age (Last BirtlMay) Unda 1 er Under 1 da 6. Deb d BIM Mmm, 7. Bi and state a lore) n win Bor. Place d Dedh ChecN one Mmme Days Iburs Mahe Hospital: Other: Middlesex 'nap. , Ctunb 2/ 10/ 1924 86 Yre COUnt PA f~ Inpatient ^ ER I Oupetbm ^ DOA ^ Nurdrg Home ^ Resitlence ^ other - Speciry 86. County of Deeds &. Gry, Boro, Twp. al Death ed. Fadfiry Name (lf riot insnbnon, give street aM number) 9. Was Decedent of Hispenk Origin? [~ tlp ^ ye$ 10. Race: American IMien, Black, While, dc. (H Yes. sparely DUban, (Sped!){ Cumberland South Middleton .Carlisle Regional Medical Center Mexican, PwM Rican, ek.) White • 11. Decedent's Usual non Kind d work dare tlun m 1 d wMdn life. Do riot state 12. Was Decedent ever n the 13. Decedent's Education (Spadry Dory hiplxrst grade completed) 14. Manbl SbNS: Merced, Never MarAed, 15. Survmng Spouse pf wife, give maieen name{ Kindel Work KNdd Bueineea/lrxhieby U.S. Armed Farces? ry Widowed, ONomed (Spedlyl Elemenb / Secantlary (0.12) College (1i or Sa) Owner rotor Bar staurant ®Yw ^ Nor 12 Widc7wed - 16. Decedorlt's Mafikg AdMeas (Street, dry / town, sbb, zip coda) Decedents Did Decedent rip. ®ves, Depadem LNetl b North Middleton Twp. slate PA Im k a Adwl Reaitleroe nor 1846 Spring Rd. p . Townshi ? 17tl. ^ No, Decetlem LNetl within Clmiberland Carlisle PA 17013 1n.ca,nty AcwalLhlalad clry/t3om 16. Fattrefa Noma (Flat. midde, IaaL suffix) 19. MotlreYS Name (Flrs4 noddle, meMen surname) Lanus W. Sunda Mary - Wa tier 20e. IMxnanYS Name (Type /Pant) 20b. mbmrenYS MaNrg Adtlress (Street. city /tam, stale, zip cotla) Bar L. Guise 312 N. Baltimore Ave., Mt. Holt S rin s, PA 17065 21 a. M en mtl of gsposinan ! ^ Cremation ^ Donenon 21 b. Date d Dleposilion (MOnM, OeY, Yaer) 21 c. Place d Dispodnm (Name of cemetery. aematay or oBrer place) 21 d. Lownon ICiryltown, stare, z'q mtle) _ yy Iyy I LJ'Burbi ^ Remarel ham Stet ~ W Exeminxl CoroMrA?~~^ Yea^ No ^ omer- w ~ 6 14 201 We G PA _ Liceneae (or person 22a. SignaWre d F 22b. Lkanae Number 22c Name antl Atltlress of Fadnry ~ . ~ FD 012633 L Ekain Brothers Funeral Hcme, Inc., Carlisle, PA 17013 ma 23at anry when csMying 23a. To the bed of my krawle0ge irtd el me rime, dab aM pbce slated. (Signehae end tltlel 23b. Lkema Number 23c. Date Signed Ism. eat, Ysar) u ,rot available at lone d death re °" M~ 5~1~~~t-t ,n Y nKi" ScneC.~..• ~ ~ ~1D y~'3~ 13 caG: c,~ilto naaddaare. n . , -- ~ Ilerta 2i2fi mud a completes by person 24. True d Death - 25. Data Pronouked Dead (MdM, tley, year) 28. Was Case Relart~sdyk~ Medical Examiner I Canner for a Beeson Other Been Cremetbn a Dmenon? ^ w1a pronaurroes deem. < .r , , M. O ~ ~ I r CI Yes JQ No CAUSE OF DEATH (See Instructions and exempks) r Approxhreb interval: enk such u cardbc arrest 1 Onset b beam th DO NOT b s minal d fi d m E tl Pen II: Enter oBrer sbnlhem mnditicns canamatiro re deem. cause gNen in Pan I but rid resulnr b the unden Nl 2B. Did?o6eao Use Contribute ro Death? ^ Y ^ P b 6 , en r e ev rec ea et y aalree re Item 27. Part I: Ems, th cheD-Lav~a- dweases, irynrles, a cwrpficetlorre - respiratory aced, a ventdculer fibdtletion wBhan drawing the etiology. lid ady arse cause on each fns. . y g g ea ra a ry ^ No J Unlomwn IMMEDIATE CAUSE (Ernst tliseesa a ` ~ ~ l tandtion resulting n deem) _~ e ~ft ~~~/~ ~~^~ 7 ~/yw Q'ad 29 II Famab: ~Id re nant vna+n ar esl . p g P ri (or 85 0 ~ / $sausn Iry qst condiliana, n ant, b. / G ~~ ~•"~~ i~ ~sw C--~. (L~i! b ^ Pregnant et time d deem rlBnt nant Wimu142 Ua ^ Nd m b I re a le~drq the ranee Fslad M WN e. Dna k (a a8 0 COR%QUarka OQ: Enter fire UNDERLYING CAUSE p g . 11 p g y d deem • (dseaee ar irpury that klitlsbd me t l 1 ^ Nd t bm t d3 d eve b reaunbg in seam) LABT. ' Due to (a as a conseguance oQ: pregrier~ year pregnan , ays 0 before seam d ^ Unkrown if pregnant whin me past year , 30e. Was an Autopsy 30b. Were Autopsy FlMBgs 31. Manner d Deem 32a. Date of Injury IMOnm, day, Y~r) 326. Describe Haw k'ryry Occurred 32c. Place d Inryry: Home, Fenn, Street, Faday, Olfs:e Buileing ek. (Spad69 Penomnd? Avdbbb Prior re Cnrriplelbn d Cause d Deem? / L7 Nabral ^ Fkxnidde , ~ ^ Accident ^ Pendbg Imrestigatlon 32d. Time d Injury 32e. IMery at Work? 321. If TrsMporlatlon In)ury (Specay) 32g. Lannon d Iry'ory (Street, tlry /town, date) ^ Yes ^ Vas ^ No ^ Yea ^ No ^ Drher/opereta ^ PesSerger ^ Pedestrian ^Suidtle ^Cauld NOt be Debmonea M. Other-Specify 33a. Certifier (dreck Doty one) 33b. Sign end Tina Certlfier Darurylna phyekbn (Phyekian annyNg cause d deem when aroma, physknan hen prorouncetl deem ant completed norm 23) th d bt d d ~~ ~. •~~..,~~ ~- ~ '~.~/ -- -- - -- -- - -- - - - - - - -- -- - -- -- -- - - - - e naueeis) en manner u e e To the I»d d my Mawletlge, dWh atone sue to 33c. License Number 33tl. Dab Signed M, day, Year) • Pronsunaing end uedHyNyg physicin Ian born pronamdig deem and cer6ywg to awe d deem) To the hsetdmylmowNtlge.OeathoaurtedMMe tlnre,dab, and pbn, andew btM auee(s)ene memrer as sWed__________________ ^ l • ~wjb b t •~ 9-s .. et:. V ~ `~ AkdkslEnminer Caronar Dn the bash d axeminatlon arW I or invastlgetlon, in my opinion, death oaurtetl al tM time, date, arM place, end due to the auae(e) and manner a ebts~ ^ 34. Nerre 9rMd<mae of Peram Nmo Co ~ted CawaW De' m (lle~ Q ~~ 4 ~. G.~-a~! t G~ Regb[rate antl bFm~rl I ^ I I I ~ I t I ^ I 38. Ie Flied (MOnm, daY. Year) ~ /f ~t" ~ ~~ ~~ ~ C Dispwnkn Permd Na. ` D~W ~ In •7 LAST WILL AND TESTAMENT OF PAUL W. SUNDAY I, PAUL W. SUNDAY, widower, of North Middleton Township, (mailing address: 1846 Spring Road, Carlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills and Codicils heretofore made. 1. I direct my hereinafter named Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that all inheritance, transfer, succession estate and death taxes which may be payable on account of my death, including interest and penalties thereon, shall be paid from the residue of my estate, regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. I direct that my funeral services be conducted by Ewing Brothers Funeral Home, 630 South Hanover Street, Carlisle, Pennsylvania, in a manner substantially similar to the arrangements made by me for the services for my wife Jean C. Sunday, and that my body be interred beside hers on my burial lot located in Westminster Memorial Gardens located in North Middleton Township near the Borough of Carlisle, Pennsylvania. 3. I give, devise and bequeath my membership in Old Town Run Mountain Lodge located in South Middleton Township, Cumberland County, Pennsylvania, to my wife's nephew, BARRY L. GUISE, his heirs and assigns, of 312 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania 4. I give, devise and bequeath the sum of Twenty-five Thousand Dollars --- ($25,000.00) Dollars to the Carlisle Citadel of the Salvation Army, located at the corner of South Hanover Street and Pomfret Street in the Borough of Carlisle, Pennsylvania, to be used for its work at the Carlisle Citadel in Central Cumberland County, Pennsylvania. 5. I give and bequeath the sum of Twenty-five Thousand Dollars---($25,000.00)--to Samaritan Fellowship, with offices at Allison United Methodist Church, Moreland Avenue, Carlisle, Pennsylvania, to be used for such purpose or purposes as its directors shall deem best. 6. I give and bequeath the sum of Ten Thousand Dollars---($10,000.00)--to the Board of Directors of Exchange Club of Carlisle, Pennsylvania, to be invested by said directors and the income arising therefrom annually together with so much of the principal as may be required in order to pay for the annual Christmas Dinner of said Exchange Club, for members and their spouses and other guests, including sales tax and gratuity charged by the provider of such meals, but not including the charges for any alcoholic beverages or other refreshments, and this payment for the annual Christmas Dinner shall continue each year until said fund is exhausted or until 20 years after the date of my death, at which time any balance in said fund which may remain shall be paid to whatever Exchange Club charity or charities the Board of Directors of Exchange Club of Carlisle shall deem appropriate. 7. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to the following named ten (10) persons, their heirs and assigns, provided each of them shall survive me by a period of ninety (90) days, but should any of them fail to so survive me then the amount which such deceased person would have received shall be paid to such of his or her legitimate issue as hereinafter defined, who shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such legitimate issue, the same shall lapse and be added to the share or shares of the other persons, per stirpes. The ten (10) persons are: my wife's grandnephew, Michael Glenn Guise, who is the son of Sherry Guise who is the widow of my wife's nephew Glenn Guise, of 107 Spruce Street, Carlisle, Pennsylvania; my wife's nephew, Barry L. Guise, of 312 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania; my wife's nephew, Donald L. Guise, of 4283 Carlisle Road, Carlisle, Pennsylvania; my wife's nephew, Harvey Guise, of 3082 Tichy Drive, Mt. Holly Springs, Pennsylvania; my wife's niece, Judy Russell, of 231 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania; my wife's niece, Patsy Schmidt, of 3-C Garland Court, Carlisle, Pennsylvania; my wife's niece, Connie White, of 68 Fairview Street, Carlisle, Pennsylvania; my niece, Sandra Loy, of 1501 Pisgah State Road, Shermans Dale, Pennsylvania; my nephew, Frank Kline, of 40 Horse Shoe Lane, Newton Square, PA 19073; and Mary Gruber, of 100 Kent Circle, Ladson, South Carolina, who is the daughter of my friend Rena Grissinger. r`i r, ~ N c + h- ~__.. '_ ~; ~.- ~_~ _ ~=~i L ~ Page 1 .~ ~j ~_~, ..__ -- ~._ Cam] - ~ r-~ ~. o U => i ... ~ L7 C~-i The meaning of "Legitimate Issue" as used in this Last Will and Testament shall be limited to a child or children born to a female regardless of whether the mother is married to the father of such child or children, and shall be limited to a child or children born to a male where the father of such child or children is married to the the mother either before or after the birth of the child or children. In any case the meaning of "child or "children" or "legitimate issue" as used above shall NOT include any adopted child or children. 8. I hereby nominate, constitute and appoint my wife's nephew, Barry L. Guise, of 312 North Baltimore Street, Mt. Holly Springs, Pennsylvania, and my niece, Sandra Loy, of 1501 Pisgah State Road, Shermans Dale, Pennsylvania, as Executors, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 9. Should any person less than 21 years of age be entitled to distribution from my estate, I nominate, constitute and appoint my hereinbefore named Executors and their successors as Guardians of the estate of each such person and authorize and direct them to receive or retain the same and to pay the income arising therefrom at regular intervals at least annually to or for the benefit of that person, and I further authorize and direct said Guardians of the estate to pay from principal from time to time whatever amount in the Guardians' opinion is necessary or desirable to be expended for the proper maintenance, support, and education of such person, which payments shall be made to or for the benefit of such person, and upon such person attaining 21 years of age to pay to him or her the then remaining principle together with any undistributed income. 10. In addition to the powers conferred by law, my hereinbefore named Executors and Guardians of the estate of any person less than 21 years of age are empowered to: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof Page 2~ h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain any investments or mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on three (3) pages, this ~~,~ day of February, 2004. SEAL) PAUL W. SUNDAY Signed, sealed, published and declared by PAUL W. SUNDAY, the Testator above-named as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. d ~. -~ ~ ~' ~,~ ~,~~~ .~ ` Page 3 ~ /-lo --C~~3 FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF PAUL W. SUNDAY DATED FEBRUARY 16 2004 I. PAUL W. SUNDAY, widower, of North Middleton Township (mailing address: 1846 Spring Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding do hereby make publish and declare this as and for a First Codicil to my Last Will and Testament dated February 16, 2004, as follows: A. I give and bequeath to my friend RENA V. GRISSINGER, provided she shall survive me by a period of ninety (90) days, all of my household goods and furnishings located in my dwelling house at 1846 Spring Road in North Middleton Township, absolutely, but should she fail to so survive me, then the same shall lapse and be added to the residue of my estate and disposed of as set forth in Paragraph No. 7 of my Last Will and Testament dated February 16, 2004. B. If my friend Rena V. Grissinger survives me, I direct that she shall have the right to occupy my house and lot of ground at 1846 Spring Road in North Middleton Township, Cumberland County, Pennsylvania so long as she desires to do so, but upon her death or her written direction to my Executors that she chooses to abandon her right to occupy said dwelling house, whichever shall first occur, I direct that my Executors shall then sell the same and the net proceeds derived therefrom shall be added to the residue of my estate and distributed in accordance with Paragraph No. 7 of my said Last Will and Testament dated February 16, 2004. During the time she chooses to occupy said house, I direct that she shall be responsible for paying real estate taxes and hazard insurance within reasonable amounts, and pay all necessary repairs and maintenance. C. Except as hereinabove provided, I hereby ratify and affirm the provisions of my said Last Will and Testament dated February 16, 2004. IN WITNESS WHEREOF, I have hereby set my hand and seal to this First C dicil to my Last Will and Testament dated February 16, 2004, on this a .~ ~" day of ~o ~l~t,rn ~.~' , 2005. ....-~ ,, (SEAL) PAUL W. S DAY Signed, sealed, published, and declared by PAUL W. SUNDAY the Testator above named, as and for a First Codicil to his Last Will and Testament dated February 16, 2004, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. a . cv ~ ._ -, ~, ."~... i, C ~ ~-- CZ rJ C_ i ,- a -- [~ N ~ ~ ._. '. .~ C.~ ..L ~ C~ ~:-. o ~'~ o U C'~3