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HomeMy WebLinkAbout07-09-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Richard Wayne Powell File Number O~ ~ '- ~, V " n ~ ~ r also known as ,Deceased Social Security Number 184-46-5474 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) L ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the ~ L~xeCu~'dr named in the last Will of the Decedent dated May 5, 2004 and codicil(s) dated (State relevant circumstances, e.g., remmciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adapted after execution of the instrument(s) offered for. probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; db.nc.t.a.; pendentelite; duranteabsentia; duranteminoritate) Petitioner(s) after a proper search has J have ascertained that Decedent left no Will and was survived by the follor~+v~~s use (if a~r>~nd hews Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ~,,,,,,, ~~_~' Name Relationshi -p•,~ C'""` rn tt~ ~~i ~~ - a ~- ~ ,, ~~ ~. ,. ~' ~ -~ ,~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. , :.:.~ Decedent was domiciled at death. in Cumberland County, Pennsylvania with his /her last principal residence at 686 Front Street Enola, East Pennsboro Townshiu Pennsylvania 17025 (List street address, tawn/city, township, county, state, zip code) Decedent, then 55 years of age, died on June 14, 2010 at VAMC #646, Aspinwall, PA 15215 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 178,000.00 (If nat domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA} Personal property in County $ Value of real estate in Pennsylvania $ 180,000.00 situated as follows: 686 Front Street, Enola, PA 17025 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: Si tore T or Tinted name and residence Michael W. Powell, 1166 Young Road, Punxsutawney, PA 15767 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ; The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and 1~ielief of Petitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the eat~e according to law. Sworn to'~r affir~~l and subscribed befc°~ me the ~,~,~;_ day of i For the R 'ster Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative !'+i1 e~ ~... e~ ~~~ - ~.. , V3 _ File Number: a ~ -" ~ 0 - 4'(.QC~ ~. ~ ~ ~ r ,-- ~ ~:~ ~' .-~ Estate of Richard Wayne Powell ,Deceased Social Security Number: 184-46-5474 Date of Death; 6/14110 o~ AND NOW, -~ ~ Q~ _ _, U~U in consideration of the foregoing Petition, satisfactory proof having been presented before me IT IS DECREED that Letters ~e~~l.nVU2-~'l"~'E7l(u are hereby granted to A j1,1~ C, ~ -~ 1/y ~_ Q~ ~..~P < in the above estate and that the instrument(s) dated ~ -.5 -- o'z QU t-'~ r described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decr.~dent. FEES Letters ............... $ 360.00 Short Certificate(s) ........ $ 24.00 Renunciation(s) .......... $ 0.00 JCP .. , $ 23.50 AUTOMATION $ 5.00 WILL , . , $ 15.00 ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 427.50 Attorney Signature: Supreme Court I.D. No.: 76327 Address: 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110 Telephone: (717) 234-2401 Form RW-02 rev. 10.13.06 Page 2 of 2 Attorney Name: Heather D. Royer, Esduire ' ~~ .: , 1a5.905 REV.(3/09) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. WARNING: It is illegal to duplicate this copy by photostat or photograph. 5615830 No. )61{9 REV 11/ZO08 TYPE e~M~ ~~ (~ • C~"~." Linda A. Caniglia State Registrar ~ ~~ 2 t~N .,, to ~ ~ `. /~ V + , CaMNAONWEALTH OF PENNS1rLVAt~MA • DEPARTMENT' of t1EALTf1 • VRAL RECORDS c:~rnFlC~~ of o-sani (s.s in.~ruatlo~a and .xampi» on nvrn.) STATE ~ l1UMSER ra a ; ~ f.:~.y i...~ M~ ~! ~' .~~ ~:... W z•7'~ ~ --~~ t. ttntta ar Daoadattl tiatd. mieda, rt attrbd 2. a eow ,wary NuraDar ~. Dale d Daart flit dnc rMd 8ichard Wa a Powell - h E'_- S. Ape (Wt Elmdy) tladu i tAlrar t r. d Brrt 7. and Mab a I a. a Noaar Oat. Iktaa AAf.aw Noapaat t]r^r: 55 rn. Jul 26, 1954 Clarion, PA ^eRrotprrlM ^Da- ^Natertptbtrw ^tteMiAttoe ^aMr•eoary: eD. a Dart ee, ~x ~ TMa D.allt ta. F.ory Nast. (r na iwlulat, qM trrM and ~l K jam' ~ ~~ ~ y,a. ~ t ~ ~"0~ "~s 10. r~era eras, w~...ie. ~ ttlaalotrt. Pwtbttban, elo.) White n. Datadattb oo tz Yrat oeoadna «« In Mte 1a EdmaMan aay A te. Idateli elMta: Herded IAarer ttdrdtd. ~s. arw~wa evp•a cM ~•, e~+ nwdart rwna) Metstara4 flMbtotd l~+lhN 7 d ttbtk IdtM atladaatt! trdtttry computer Analyst Computers. U.3. Amrd Fataae , ~ ~p~, (p,1g1 ~,e, 1i ar ~) ppG. ^Na 12 ~ Divorced N/A 1r. Daoaeata tttaatte wee (~. tMy / b^n..w.. ~P ood.1 686 Front Street DeoeearM't old DaordatM IidMtl Raaidattce 17a. 9We Penti$p lvania -!ra h a 17t:. ^ Ya, DeoadatM uwd p Twp. ' Enola, PA 17025 r ndZH ~a ear Enola ~/~ 17D.carry Cumberland °"""0 t!. FaMtart Nttnte ~ taldaa, loll. att~tc) Clarence Wayae Powell 19. Idotltar't Nanta (~. nMdda, nttidn atatanta) Shirley Mae Schrecengost Zoe. lnbmwtrt Name l'ryw / PIrMI 2OD. rMotttwtCs ~ Adbeaa (eras, dy / bat, attM, yP aode) Shirley Mae Powell 686 Front Strset Eaola, PA 17025 21a. IlaMad a DNpoeMon (~cwn.ron ^ Dawbn 2te. Dra a Dlapodbn per. ~ Yw) 21a virc. of DNpoalta+ (Nrtn or wnwr, attrttabty ar attar vwof eta lrocallon ~lty / toan.,rte, dP ood.) ~ ~ ~ RtAatew ~wwr,^°i~'~"o.~..r,"'^ria^an June 18, 2010 Northwestern PA Creeatory Clarion, PA 16214 °'~""~'' ~' ""~'~ ~"°""'"in0" ~""nin0A4r"'°'F'""'~' Brenda D. Shumaker Funeral Rome, Inc. 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OaY, and t*ae . „~ ~,~,~,,.,, / ~ ~~ ~ ~ RepiWara rtdorrta ` / j ~ ~ / ,/ /C ~ " ~~ 1 .a t .? ~ r+ I I ~ %~ rii?~'/ • `•' ~'~ /~"~V i I PennM No. 0452943 v t 7528-1-5/Will/HDR/crm 4/29/04 3:10 PM LAST WILL A-ND TEST~!~11~[~NT OF ~~ RICI:[~~RD W. PO~VELL s ~ C'~ ~. ' c~ - ^t c~ i ~ ~ ~ ~ '' ~~~ ~~ ~ ' ~ ~. ~~ ~ ~ ~ ~~ ~ ~ ~ ~Y _ ~ ~/ ..mow 4 h~' ~.: J 'Ci I, RICHARD yV. P~OWELL, pre~~ntly of Cumberland Cbunty, Pennsylvania, declare this to be my Last Will and Testament hereby revoking all Wills and Codicils previously made by me. MARITAL STATUS I declare that I am divorced from LEAANN POWELL. CHILDREN I have one (1) child, now living, whose name and date of birth are as follows: ALE~:ANDRA L. POWELL born July 11, 1996 I have one (1) adopted child, now living, whose name and date of birth are as follows: RACHELLE L~~]NNE HOUSEHOLDER born September 13, 1982 All references in this Will to my child include only ALE~:ANDRA L. POWELL DISPOSITION OF BODY ARTICLE I I direct that my body be cremated and the ashes disposed of as my Executor shall determine. DISINHERITANCE ARTICLE II It is my specific intent, by the terms of this Will, to disinherit my daughter, RACHELLE LYNNE HOUSEHOLDER, from any interest in my Estate, and no provision to this Will shall be construed contrary to that expressed intent. FERSONAL PROPERTY ARTICLE III I give all of my household furnishings and tangible personal property to my daughter, ALEI~;ANDRA L. POWELL, per stirpes, such that any issue shall represent and take their deceased parent's share. If my daughter, ALEI~;ANDRA L. POWELL, is a minor at that time, then said property and furnishings which my Executor considers unsuitable for my child maybe sold and the proceeds added to my residuary estate. RESIDUE ARTICLE IV I .give the rest, residue and remainder of my estate to my brother, NIIC~IAEL W. POWELL, presently of Punxsutawney, Pennsylvania, as Trustee, in Trust, for the benefit of my child to be held, administered and distributed in accordance with the provisions of Article V herein. Page 2 of 16 Pages Should my daughter, ALE~;ANDRA L. POWELL, predecease me, then I direct that the rest, residue and remainder of my estate be distributed as follows: A. One-third (1/3) to my parents, CLARENCE W. POWELL and SHIRLEY M. l'OWELL, presently of Timblin, Pennsylvania, per stirpes, such that any issue shall represent and take their deceased parent's share. B. One-third (1!3) to my brother, MICHAEL W. POWELL, provided he survives me by thirty (30) days. if my brother, MIC~M~ W. POWELL, fails to survive me by thirty (30) days, then his one-third share shall be distributed to my brother, RANDY L. POWELL, to be held as custodian for the benefit of my niece, SHEALYNN M. POWELL, presently of Punxsutawney, Pennsylvania, under the Pennsylvania Uniform Transfers to Minors Act to be held until she attains the age oftwenty--five (25). C. One-third (1/3) to my brother, RANDY L~ POWELL, presently of Punxsutawney, Pennsylvania, provided he survives me by thirty (30) days. If my brother, RANDY L. POWELL, fails to survive me by tturty (30) days, then his one-third share shall pass to his wife, MELINDA J. POWELL, presently of Punxsutawney, Pennsylvania. T ARTICLE V The Trust established under Article IV shall be held, administered and distributed as follows: A. Intent. It is my hope that this Trust will not distort the core values that I have cherished and instilled in my daughter, ALEXANDRA L. POWELL. It is my hope that she will use her skills and hard work to accomplish her goals and dreams and to seek gainful employment for her support, maintenance and happiness. B. Needs. The net income of the Trust shall be paid to or applied for the benefit of my child at such times and in such amounts as my Trustee shall deem Page 3 of 16 Pages necessary for her proper support, health, maintenance and education. It is my intent that this Trust shall supplement, not supplant, other sources of care for ALE~;ANDRA L. POWELL should she become disabled. "Education" shall include, but not be limited to, any public or private primary, secondary, trade or technical 'schoai, college, post-graduate or any other course of study at any accredited institution of my child's choice for any period of time that, in the judgment of the Trustee, is advantageous to my child and shall include reasonable amounts for all related living and travel expenses of my child. Should the income be insufficient to provide my child with adequate support, health, maintenance or education, the Trustee may invade the principal of the Trust for these purposes. The Trustee shall accumulate and add to principal any net income not distributed to my child during the year. C. Guardian's Expenses. In making the aforesaid payments for the support, health, maintenance and education of my child, the Trustee shall give a liberal interpretation to the discretionary authority conferred by this Will so as to alleviate the burden on the guardian of the person of my child and on the guardian's family that might be caused in any way by the presence of my child in the guardian's home. The Trustee shall verify that distributions made pursuant to this subparagraph C have been utilized to alleviate the burden on the Guardian or his family and not to unjustly enrich the Guardian or the Guardian's family. D. Discretionary Authority. The Trustee in exercising his discretionary authority with respect to the payment of income or principal of the Trust estate shall take Page 4 of 16 Pages into consideration any income or other resources available to my child from sources outside of this Trust that maybe known to the Trustee, including federal or state public assistance benefits, the desirability of a transaction, and the reasonably anticipated needs and resources of my child. The Trustee may accept as final and conclusive the written statement of my child as to other available income or resources. The determination of the Trustee with respect to the necessity of malting payments out of income or principal to my child shall be conclusive on all persons however interested in the Trust. E. Distribution. On a date three (3) months following my child's graduation from afour-year technical school, college or university, my child shall have the right to withdraw fifty (50%) of the remaining principal of the Trust. Upon reaching the age of thirty-five (35) years, my child shall have the option to withdraw up to fifty (50%) percent of the remaining principal of the Trust, and the remaining balance shall be placed directly into one (1) or more qualified or non-qualified retirement plans of her choice with the advice and consent of the Trustee. TRUST POWERS ARTICLE VI In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: Page 5 of 16 Pages A. Investments. To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; B. SS le. To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; C. Borrow~g and Encumberins. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; D. Form of Ownership of Trust Property. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; E. Litigation. To engage in litigation and compromise, arbitrate or abandon claims; F. Taz Retains. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes; G. Retention of Property. To retain any property received by the Trust for so long as the Trustee considers it advisable; Page 6 of 16 Pages H. Inver ent Decisions. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; I. Pro~aerty Maa$gement. To manage, control, repair and improve all personal and real property; J. Business Interests. To continue and operate, to sell or to liquidate, as the Trustee deems advisable at the risk of the trust estate, any business or partnership interests received by the trust estate and to organize a partnership or corporation to carry on such business. K. Insurance. To procure and carry at the expense of the Trust, insurance of the kinds, forms and amounts deemed advisable by the Trustee to protect the Trust and the Trustee against any hazard; L. Emuiovment of Attorneys. Advisers and Other Agents. To employ any attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed necessary in the discretion of the Trustee; and to pay from the Trust reasonable compensation for all services performed by any of them; M. Ge=eral. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of his fiduciary obligations. The enumeration of certain powers in this Will shall not limit the general or implied powers of the Trustee. The Trustee shall have all additional powers that may now or hereafter be conferred on the Page 7 of 16 Pages Trustee by law or that maybe necessary to enable the Trustee to administer the Trust in accordance with the provisions of this Will. TRUST ADMi1yIST~~,ON ARTICLE VII A. Co~,sa_tion. The Trustee shall receive a reasonable fee for the ordinary and extraordinary services rendered by him. B. De th. On the death of my child, the Trustee shall pay the expense of the last illness, funeral and burial of my child out of the principal of her Trust, unless the Trustee in his discretion determines that other provisions have been made for the payment of such expense. C. Termination. All of the trusts provided for herein shall in any event terminate on the death of the last survivor of all of my issue living at the time of my death. However, the Trustee shall be permitted to terminate the Trust herein if its fair market value declines or is of such size which makes the continuance of the Trust uneconomical, imprudent and unwise. Upon such termination, the Trustee shall distribute the principal and income to the beneficiary or beneficiaries as set forth in this Will, and the rights of all persons who might otherwise have an interest as a successor income or principal beneficiary shall cease. Page 8 of 16 Pages D. Survivorship. Should my child die prior to termination of the Trust, the ~, ~_. Trustee shall, after payment of any funeral and burial expenses, distribute the balance of such child's share of the Trust estate as follows: 1. Twenty-five (25%) percent-to y p~ents, CLARENCE W. POWELL and SHIRL~E~t' iVI. POi~I~, per spec, such that any issue shall represent and take their deceased parent's share. 2. Twenty-five (25%) percent to my brother, MICHAEL W. POWELL, provided he survives me by thirty (30) days. If my brother, MICHAEL W. POWELL, fails to survive me by thirty (30) days, then his one- third share shall be distributed to my brother, RANDY L. POWELL, to be held as custodian for the benefit of my niece, SHEALYNN M. POWELL, under the Pennsylvania Uniform Transfers to Minors Act to be held until she attains the age of twenty-five (25). 3. Twenty-five (25%) percent to rn.y brother, RANDY L. POWELL, provided he survives me by thirty (30) days. If my brother, RANDY L. POWELL, fails to survive me by thirty (30) days, then his one-third share shall pass to his wife, MELINDA J. POWELL. 4. Twenty-five (25%) percent to the issue of my daughter, ALE~:AND-RA L. POWELL. If my daughter, ALE~;ANDRA L. POWELL, leaves no surviving issue, then I direct that her twenty-five (25%) percent be distributed equally among my parents, CLARENCE W. POWELL and SHLRLEY M. POWELL, or to the survivor of then; my brother; MICHAEL W. POWELL, and my brother, RANDY L. POWELL, as set forth above. E. Immediate Distribution. If on termination of the administration of my probate estate, there has been no distribution in trust to the Trustee and events have occurred which would require the Trustee under the terms of this Will to make immediate distribution of all the property, my Executor shall perform all of the acts necessary to complete such distribution and for this purpose shall have the powers granted by this Will to the Trustee. Page 9 of 16 Pages F. Determisat~ons. The determination and/or payment for the needs of the Trust beneficiaries shall be made by the Trustee on a regular basis which, in no event, shall be less than quarterly. G. Alts~ve PaymQa~ts. If at any time my child is entitled to receive income or principal from the Trust estate and is a minor or an incompetent or a person whom the Trustee deems unable to handle the funds properly or wisely if paid directly to the child, the Trustee in his discretion may make payments in any one or more of the following ways: 1. To the natural guardian or legally appointed guardian of the person or estate of the child; 2. By making expenditures directly for the support, health, maintenance, or education of the child; or 3. To any person or organization furnishing support, health, maintenance, or education for the child. The Trustee shall not be required to see to the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance to the Trustee. The decision of the Trustee as to which of the aforementioned methods should be used in making payments shall be conclusive and binding on all parties concerned. H. Bond. The Trustee shall not be required to give bond or other security for the faithful performance of his duties. I. Determ~nstion of Income. The Trustee shall determine what is income and what is principal of the Trust established under this Will and what expenses, costs Page 10 of 16 Pages and taxes shall be charged against income and what shall be charged against principal in accordance with the applicable laws of the. ~ommonwe~lth of Pennsylvania as they now exist and may from time to time be enaicted or repealed. J. An~~ic~ble Law. The validity and adrnini~tration of the Trust established under this Will and all questions relating to the construction or interpretation of the Trust shall be governed by the laws of the Commonwealth of Pennsylvania. ALTERNATE TRUSTEE ARTICLE VIII In the event of the death, resignation, renunciation or inability to act of MICHAEL W. POWELL as the Trustee, then I appoint my brother,ltANDY L. POWELL, in his place and stead with the same powers, rights, discretions, obligations and immunities. GUARDIAN ARTICLE IX A. Appointment. In the event that my child's mother shall predecease me or die simultaneously with me, then I nominate and appoint as testamentary guardian of the estate and person of my minor child, my brother, RANDY L. POWELL, to serve as said guardian. If my brother, RANDY L. POWELL, is unable or unwilling to serve as said guardian, then I nominate and appoint as testamentary guardian of the estate and person of my minor child, my brother, MICHAEL W. POWELL, to serve as said guardian. Page 11 of 16 Pages B. Bon . No bond or other security shall be required of any guardian appointed in this Will. C. Com~aensation. The guardian shall receive a reasonable fee for the ordinary and extraordinary services rendered by him. EXECUTOR ARTICLE X A. Apuo~ntment. I appoint my brother, MICHAEL W. POWELL, as the Executor of this Will. In the event of his death, resignation, renunciation or inability to act in that capacity, then I appoint my brother, RANDY L. POWELL, as the Executor of this Will in his place and stead. B. Bond. No bond or other security shall be required of any Executor appointed in this Will. C. Connnensation. The Executor shall receive reasonable compensation for his services performed as determined by the Court in which this Will is admitted to probate. EXECUTOR POWERS ARTICLE ICI I give my Executor in addition to and not in limitation of the powers given by law or by other provisions of this Will, the same powers granted my Trustee under Article VI with respect Page 12 of 16 Pages to administration of the Trust, to be exercised in the discretion of my Executor with respect to settlement of my Estate without further order or license of the ~tegis~er of Wills or of any Court. NO ALIENATION ARTICLE XII No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. NO CONTEST ARTICLE XIII If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate or in the estate of the Trust given to that contesting beneficiary or remainderman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. LEGALITY OF ARTICLES ARTICLE XIV If any provision of this Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. Page 13 of 16 Pages T ARTICLE XV All estate, inheritance and succession taxes, together with any interest. and penalties thereon, payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of sixteen (16) typewritten pages, including this attestation ~~ clause, to be executed, declared and published this -s day of ~ •~;~/~ , 2004, at River Chase Office Center, 4431 North Front Street, Harrisburg, Pennsylvania. ~i''~~'~ SEAL ,~/~~~ ( ) RICHARD W. POWELL Page 14 of 16 Pages Signed, sealed, published and declared by the above named RICHARD W. POWELL, Testator, as and for his Last Will, in the prese~oe of us aid each cif us, whoa, at his request and in his presence and in the pr ., nice Qf each i~er, have hereunto subrib+~d qur names as witnesses thereto the day and year last above written. Residing at ~ ~- t~ a Residing at S'~ ~ 1 r~ ~ Residing at c~ ~ l ~'' Page 15 of 16 Pages COMMOrf WEALTH OF PENNSYLVANIA COUNTY OF DAUPI~t . SS. We, RICHARD W. PfJ-WELL, the Testator, an , t'is~ and t- ~!~ ~ L. ~iX~~e witnesses, 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; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness and that to the best of his or her knowledge the Testator was at that time eighteen (1 S) ars of age or of , of so d mind and under no constraint or undue influence. RICHARD W. POWELL W>t ess Witness Wi ess Subscribed, sworn to and acknowledged before me by RICHARD W. POWELL, the Testator, and subscribed and sworn to before me by , ~~f and 'tnesses, this day of , 2004. _ Notary blic My Commission Expires: Notarial Seal Tonya S. Stoneroad, Notary Public Susquehanna 'hvp., Dauphin County MY Commission Expires Nov. 29, 2004 Page 16 of 16 Pages ~~~~~