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Home My WebLink About08-12-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Danuta Valentino File Number ~ ~~ -" - ~$~U also known as Danuta Valentino ,Deceased Social Security Number 546-50-7026 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EX2CUtrIX named in the last Will of the Decedent dated 6/11 /2003 and codicil(s) dated 12/11 /2006 (State relevant circumstances, e.g., renunciation, death of 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: B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; dur~an~te~ minoritate)~g~' Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~utj(if any) ~ heirs: (jf ~ :; Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) -; •-~ ~ ~, _.. _i ~.. ~. , ry ._ . Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 4917 Shasta Wav Mechanicsburg PA 17050 Hamaden twp Cumberland County (List street address, town/city, township, county, state, zip code) Decedent, then 85 years of age, died on 7/5/2010 at Messiah Village 100 Mt. Allen Drive Mechanicsburg PA 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 5.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 80.000.00 4917 Shasta Way, Mechanicsburg, PA 17050 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 Lettf;rs in the appropriate form to the undersigned: Signature Typed or printed name and residence ~` _ Joanne D. Valentino 4917 Shasta Way Mechanicsbur PA 17050 Page 1 of 2 Form RW-02 rev. 10.13.06 (COMPLETE INALL CASES:) Attach additional sheets if necessary. 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 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 ~--~ Signature of Personal Representative Joanne D. Valentino r`'°' before me the _ day of ~~ `~ ~' <~:~ (~_ 2010 ~ `~ ~, J,,~ r ~ ~ Signature of Personal Representative , _~ .Z- ~-j ~ j r- _ For the Regi er Signature of Personal Representative ": `~ iJ; ~ r ,~ .. ~;: :.---, ~ :_:.:~ ~ File Number: ~~ ~ _ ~ ~ - ~ ~ ~.' Estate of Danuta Valentino ,Deceased Social Security Number: 546-50-7026 Date of Death: 7/5/2010 AND NOW, l ~' , 2010 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Joanne D. Valentino _ in the above estate and that the instrument(s) dated 6/11 /2003 and 12/11 /2006 described in the Petition be admitted to probate and filed of record. as the last Will (and Codicil(s)) of Decedent. M1 r. FEES Letters ...............~ $ 210.00 (~ ~ Short Certificate(s) . • • ......... $ ~ I ~' ~ (~Z~~9:8-= Renunciation(s) •••.•.•......... $ Will and Codicil .... $ 30.00 automation fee ,.,, $ _ 5.00 JCS fee ,,,. $ 23.50 .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ Register of Wills, 7 ~' ~ ,f i~ ~%?, ;~ ~` ~~ ~.~r,~ ,~ . , Attorney Signature: Attorney Name: Jacqueline A. Kelly Supreme Court I.D. No.: 91973 Address: 845 Sir Thomas Court. Suite 12 Harrisburg PA 17109 Telephone: 717-541-5550 IV~CI ~l 1~0~c `~ /~ty . Form RW-02 rev. 10.13.06 Page 2 of 2 .~A~. REGISTRAR'S ~ER~`I~°! ,A:•~'~~V F CAE ~'V'~4RNIN~~: It i~ illegal t® ~luplic~t~ tF~i:~ ~~~~~~,~ ~~~ ~~t~l:~t~~~:,~t or' phe~t~ac~i°s:~~:~~, , ~ ~°~~e 1~ttr tl~i~ ~~c:'i-tila~~at~~. '~;(~, O~, ~~I(11~~-~Ltll~l~ ~isf) !-~~r I HIOb~IJ;i HEV IIr2006 TYPE PRINT IN PERMANENT BLACK INK ~ ~ z w .~ u O S 2 ,.,,,.., t I r r~ ~.~~ ~~ ~ °~I., °i` 1 ~. !.' 11~ tti-?1 ;t!IEt~I t1t I~l` '}a ~) i~; r+t'~ E v~`°~~ rtt'~tw~ -_ - ~ ~ _ 1 t'!''' t(~ ~~ t i~ ~~ -! !) :'Zt 11~-t~ t. l'[~?~~ll .r~s~' i>' ,'}'al~~ ~,~ ~ .ia. t'~'ttly ((~rti'. 'fi ~,C)L'~;I !~t"I~(ILti, ~ E~,4, ~)o~-I?t.lf3~l~ '' I'i i fl .r r '? ;1.. c1 `It ~l^,,. `"',:fiC' '~' 1f~13 t ~~~' ~,tei~ ~.~ r'l''.a r~`~ 4 ~~'r~'' .i;,s.. ~.o'li<19'sC' i' 11~1)1S! ~ ~ ~ . ~ ~ ., ,,~. a. • y/1`rn „ '~,fr ~~. It, ~ ~~ ~, , ,,~E j11~ _, _ _ _ ., , ~'~- ,, ~~ , r,~a ~ _ ,: .. , .. ..__ . {~ ~ ~~ (;'7 , ~ 'r~~ r-- _ .. '~ ,; ~ , ~` ; , ~; - - COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS =~`~ CU ~ '~,yi CERTIFICATE OF DEATH =~ C,~f ~ ''=) 4_~l (See instructions and examoles on reversal __-__ _. _ .. _ _ _ _ __ T 'a t Nanr d Osuoera IFvst, rrtrddle, last. sudut) 2. sex 3. Soctal s•anty Number { Dag a I).am (AIaWt, dM'• YMrI ~DANwTi~ 1/f~LE1JTiIJO FE,w,~ 5~}(, -So - 70~.~ Jya.r S, 2oro 5 Age (Lau 8udtday) under t y.ar under 1 6a B. Data a Brdt (MorttA, day, year) ). BwVlplaa (Coy and slaw « country) Ba. Place d Deam (Cttsck only one) 8~7 aloivrw Oars rbwa Nrws ae y_ ~~ 3 Y ~T ~ S PO L a ~/~ , rs. A y ~ ^ Irlpatunt ^ ER / Outpatient ^ ooA [~ Nttrsatg Nana ^ Resrdertce ^olfw • spay Bb County a Dean &. crly. Born. d Oeacn C' ~. F ry Name (d not ldu give street and tanlDerl 9. was Decedent d Naearnc orgln' ®No ^ Yes ID. Rau: Atttllritart Mr,, Bradt, were, tpc. r / nl re.. aw~rly cr,oan, Isv~r `S~Q ~ ~/~ /C~%/~~'f v ~ Q/1 ~ uMdERLA.+9 U PER 10LlEA~ (f> / ., / / tJ ~ . Mexican. Pwno Rlcan, etc.) W N/T 11 Deceduru's Usual Occ Don Kw ul won Dona dur most d ra Do rnt suu retired ( w 12. Was Decaarw ever in Ilte ht's Educataxl (Spac~ty Dray ttignast grant completed) t{. Manul 9atw Married, Never Marred, 15 Stavivrry Spouse III wde, grw rrtar0en name) U S Armed Fau ? o I xW d on KeW a Busness / Wustry .SALES ~~SMr£'f~CS S Widowed, Div rced I~tiM Elentanury 1 Secondary (0-I2) Cakge l t i « 5.) ^ra ®No /.7 W %DouJE9 , 16. Decedent's Marlrg AdWeu (SUest. clry /town. stale.:p modal ~/ 7 ,SNAPTit ~,//{ `, DetzderN'e ~A . L~ a nDecasderd r~1 Apual Resaartce 17a. sma 17c. lt1 Yes. Decedent t.wed n IyAMI DEN Tt p /7oS0 MEcNAN%GS/ft/rtG. PR ep. Towntslep? t 7d. ^ No, DecederN lived wptn tn.c«~uY CNmBEaIA~I~ , Actwll.im4sa ~a~eoa 18. faI1W's Name (Fist, mrdrfe, last. sale) , tDMuufl M~4CIEJ~WSKa4 19. Homer's Name (Ever, nadae, rttaiden s«narrle) MAs~tiA~ KAMiNSK~4 20a. Wartwlt's Name (Type I Pnn1) ~De4nJAJG /~4LEn1T7nip 20b- Inlamanys Malrtg Address (Street, cdy ~ town, sWa, rD rnde) D ~~? SHASTA ~.4 , MFCNAAIi(,S/jc/RG I 17o,f'o ~ 21a. Metrbd a Otspotrtnn Crenulan [,] Dorwttort ® Burw ^ Removal from Sate ; 21D. tale d Disposrtton IMauh, day, yex) 21c. Place a orspawran (Name d comet cry, crematory «other place) 21d Uratnrt (Coy I town. suu. ttP fade) was Cwrrskrt « DoruUon AuOtaind ^ Omer - svecay ; ~r wdieel Eaantirrr 7 T ^ Yes ^ No ~' $ ,Zp l p u ~ ,p (j A"C~ o F ~ A/E/J C EME rER ~ / ME41 ~ . R ~ 7 V MI res 6NeG _ a , f b 22a. Funeral Service Ixeruee j sgP actrqu moth) / / 22D. LKerw Number z2c. Name and Aadrass a Factlay ~~~~~ - / V /a.l~J o ~ Z.is Z i /{~fiic, F/,t/£R~t. ~s~tr~ T,~< . 3'iol /j(I~Cx~r ST CAarP M•~c. Qa, !?o~ ~ Canpgr gems 23at oNy ceroyug pnysrcurt is na avstMOle at Imo d doom b 23a. To dM best d my pgwMdge, daatlt ed at dM urr, dau and plan sated. (Srgnatwe and Idkl ~ ~ 23b. lxense N 23c. Oau ~~ (. mY• Y~ 5 anrfy I:YrN d awU~ 7J G'r1~ ~~ /v ~/0~.~ / /.3 ~O/ U G G `-- w ~ eertls 2{-26 Itiwl W oornprted pY parson wfro prawwtces dam 2{ Time a Daam _ ~~ - ~ 25. OW Pronotrrrd Usylln ) ~ y J 26. W u .asa Relernd w AMdrpl Eaamner / C«aw bra Ywl Cr«naYa+ of DortaYOn? • / . ~ M, ~ ~ ~ / ((J ( ^ lk 1 CAUSE Of DEATH (See Inetructlons end a Weal I Approatmaa Interval. tam 27 Pan 1. Enter de SpaD,y-~p1y - 6seases. tryurws, a canpYCapaN - tlval Iirettly cawed tlN deaol. DO NOT snMr termrw events such u ordiat angst, t Onset b Deam t Pan II: Ertw omen lIW n01 neuaay n IM urderlyay caws grwt n Pan L Ze Ot0 Taoaou Use Corlrbtae b Daaer? ^ Yes ^ PropegY respaatdry artesl, a verurtctlar lprAalron wMltotA sttowetg the seobgy. Lul only orr cave on eecp kr. t YIYEdATE CAUSE IFnal du~easa « r r ^ ~ ) dean ~~~ v ~ l /~ condagn rasulWlg at -~ a. ~_1_L.G_~t~[ '>'/l l l (/I~Pi ' ~Q/ 17" l~t.S ~ ~/ Y (rQ ~ ~'j ~1~i / l Q/) DA~ 29. d F ~ Dw b la a al , settrvarttuaY ~, , d airy, o. P,yl / S M ~ ~ /J /,~y/ o ne r, i ~ ~ /Lf l'~GGL~~yl7 ~ y, ~Q1~5 _ Ieayrq to dro cave 4SIed on Imo a ' T ~ QG~I ~Z !'~r]Li l ><'d i ~y/~ Na wM Dre~ant Drt Year ^ Pregrura at ante d dea0t T r Enw ~e UNDERLYMIG CAUSE Ow to (« az a oQ: t - ^ Na p~M, but pregtre sent {2 Oats _ c g~ °~~~ ~ Ldl~Ql2tlC (l,Q//,~i0/YIG~t'»~ adear, Dw b (« az a canseQwrtce al: r ^ ~ Pre9^~. dA pregtrrd {3 Days to t Ynr • t d r ~~1 C S~~~SIS - ttebre arWp ^ UttMrtown 1 pregrtare erOlirl tlr past yeti 30e Was art Autopsy Pertained ' 30b Were Autopsy Fetdirys AvaYapM Prbr to CamplWan 31. d Osam 32a Dau d 1 Mary IMantn, day, yearl 32D Dascnba How Iryrrry Occurred ~,Y, 32c. greet, F ~ ~~ ~ d caws d Dean? Natural ^ liatra:rde / 01 ^ Yu ~ ^ ye ~Np ^ Arxrdaa ^ Pertdry Invespgatrart 32d. 7me a Inhrry 32e. tnhrry at was? 321. It Trantpaupon ti+laY (spdyl 32g. Lncalion a MFMY (Street, aY I Wwn. sate) ^ Swede ^ Carld tVOt W OeWmrted M ^ Yes ^ Pb ^ Orner I Opent« ^ Passenger ^PeOestnan Omer - SPaNI'. 73a Certifier Irnacs only «el 33p Signature and Tnle d Cend~er /~ u~rww ptryeician IPnysrc,art umty~nq cause d yaad, when anatrr pnysrcun rus vr«bta><ad d.am and conpwted Ilan 23) To tlr O t a a l ~ J ea my now edge, aeeth occurred dtr to t1r ceusels- and rnerrter u suMd_ _ _ _ _ _ _ _ _ _ _ _ _ T - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • Prorlourtcir arw urtil m h P u - l/ g y ysrc g p n ( nysa:wn Dan prarourtl7rtg doom and cerulyey to caws a aaml To fM peer a my 4nowladga, dwlh occurred at tM time, dale. and place. and dw to tM causa(e) and manner u subd_ -' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -NOicel Eaarnner / Cuaw 73c Ucanse Number / ~ ~ S d s 37d Oar h Synod IMOnm. day. ~ u) c~ ~ On tIN paeis a asaminetiort sn0 / a ktvestlgatbn, m my rlNlp occured at UN time, date, and place. MM r1w to tM cwse(s) end manner u sutsd_ ^ / ,,,T `f T / - o s - ~ o / 15 RetyWd!'s $rgrsal IrK7 F 3fi O 11 Kane arW Address d Person Who C w , competed Cause a Deam rrt~^~m 27( 'type I Pmt ~~ ~ 'v OO' ` ' ~S ~ „1~ 1 - V_G/ . aN dW (~Ipnm. day, year) - ~ goo rn , ~c.~N D2jv . / P~n !7t-oSS / Dreposrtron Pernut No. [/ ~/ p( QQ~ (Y~_ LAST WILL AND TESTAMENT ~, ,.r. ---, _~~ --: <-~ -~ _- _ -~~ ~:) ". 3~ l l t..: _:.. ~;i;-~ DANUTA VALENTINO ~ ~~~ .~,, _' ; ._ _ ~-. __ ", _ _..~. :. I, DANUTA VALENTINO of Mechanicsburg, Cumberland County, PennsylV~r~ra; declared -~ ~ -, C'r'. this to be my Last Will and Testament hereby revoking all prior Wills and Codicils. ITEM I. I direct that the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM II. All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any per. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. ITEM III. I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed, located with my Will or with my valuable papers and found within 30 days of the probate of my Will. Gifts may only be to person who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. ITEM IV. I give, devise and bequeath my real property, including the contents, located at 4917 Shasta Way, Mechanicsburg, Pennsylvania 17050, according to the following schedule: FIFTY PERCENT (50%) to my daughter, JOANNE D. VALENTINO, of Cumberland County, Pennsylvania. FIFTY PERCENT (50%) to be held in a Special Supplemental Care Trust, :for the benefit of my son, ANTHONY VALENTINO, of Cumberland County, Pennsylvania, to be held, managed, and administered according to ITEM X herein. ITEM V. All the rest, residue, and remainder of my estate, of whatsoever nature, and wheresoever situate, I give, devise and bequeath according to the following: A. FIFTY PERCENT (50%) of my estate to be held in a Special Supplemental Care Trust, for the benefit of my son, ANTHONY VALENTINO of Cumberland County, Pennsylvania, to be held, managed, and administered according to ITEM X herein. B. FIFTY PERCENT (50%) of my estate to my daughter, JOANNE D„ VALENTINO of Cumberland County, Pennsylvania. In the event that JOANNE D. VALENTINO predeceases me or fails to survive me by thirty (30) days, then her share shall be added to the Special Supplemental Care Trust, established by this Last Will and Testament for the benefit of my son, ANTHONY VALENTINO of Cumberland County, Pennsylvania, to be held, managed, and administered according to ITEM X herein. In the event that ANTHONY VALENTINO predeceases me or fails to survive me by thirty (30) days, then the Fifty Percent (50%) which is to be held in a Special Supplemer.~tal Care Trust for his benefit shall be distributed outright to my daughter, JOANNE D. VALENTINO of Cumberland County, Pennsylvania. In the event that both JOANNE D. VALENTINO and ANTHONY VALENTINO predecease me then I give, devise and bequeath the rest, remainder and residue to my nephew, JOSEPH A. VALENTINO of Delaware County, Pennsylvania. Per Stirpes. 2 ITEM VI. If a beneficiary under this Will other than ANTHONY VALENTINO has not attained the age of twenty-five (25) years, the share of the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the terms in Item VII herein. ITEM VII. In the event that a Trust is created by or as a result of any part of~ this Will for beneficiaries under the age of twenty-five (25) years, the terms and conditions of the Tnzst shall be as follows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, care and education (including college, trade school, or other similar training or education) of the child until the child attains the age of twenty-five (25) years. B. Upon attaining the age of twenty-one (21), one-third (1/3) of the principal and accumulated income, of the child's share shall be distributed outright to the child. C. Upon attaining the age of twenty-five (25), the remaining principal and accumulated income of the child's share shall be distributed outright to the child. D. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or other processes of law. ITEM VIII. I hereby CECE VALENTINO, of Delaware County, Pennsylvania, as Trustee of any Trust (s) created in this Will other than ANTHONY VALENTINO for beneficiaries under the age of twenty-five (25) years. ITEM IX. In order to carry out the purposes of any Trust(s) established by this Will, other than the Special Supplemental Care Trust, for beneficiaries under the age of twenty-five (25), the 3 Trustee, in addition to all other powers granted by this Will or bylaw, shall have the fol~.owing powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form receivedand/or to sell either at public or private sale, anyreal estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. The trust created by this Will may be administered by my Trustee free from the control of any court that may otherwise have jurisdiction over my estate. ITEM X. Special Supplemental Care Trust for ANTHONY VALENTINO, a disabled adult. I hereby nominate and appoint my daughter, JOANNE D. VALENTINO, of Cumberland County, Pennsylvania, as Trustee. In the event of the renunciation, death, resignation, or inability to act, for 4 any reason whatsoever of JOANNE D. VALENTINO, I hereby nominate and appoint THE FAMILY TRUST, or its successor(s), of 711 Bingham Street, Pittsburgh, Pennsylvania, 15203, as Successor Trustee of the Special Supplemental Care Trust created in this Will for ANTHONY VALENTINO. The share of my estate that is set aside for ANTHONY VALENTINO shall beheld by my trustee, JOANNE D. VALENTINO, or her successor, for ANTHONY VAI.ENTINO's benefit in a Special Supplemental Care Trust in accordance with the following provisions: A. INTENT It is my intention by this trust to create a purely discretionary supplemental care fund for the benefit of ANTHONY VALENTINO and not to displace financial assistance that m;ay otherwise be available to him, currently or in the future. Illustrative of the kinds of supplemental, non-support disbursements that would be appropriate for my Trustee to make from this trust for ANTHONY VALENTINO include: sophisticated medical or dental or diagnostic work or treatment for which there are not funds otherwise available, including plastic surgery or other non-necessary medical procedures; private rehabilitative training; dental care; recreation and transportation; differentials in cost between housing and shelter for shared and private rooms in institutional settings; supplemental nursing care and similar care that assistance programs may not otherwise provide; telephone and television service, companions for travel, reading, driving and cultural experiences and payments to bring his siblings or others for visitation in the event my Trustee deems that appropriates and reasonable. B. It is important that ANTHONY VALENTINO maintain a high level of human dignity and that his care be humane. If this trust were to be eroded by creditors, subjected to liens or encumbrances, or cause assistance benefits to be unavailable or terminated, it is likely that the trust corpus would be deleted prior to his death, especially if the cost of care for him would be high. In such event there would be no coverage for emergencies or supplementation to basic needs. The 5 trust provisions contained in this instrument should be interpreted by my Trustee in light of these concerns and this intent. C. My Trustee shall pay or apply for the benefit of mY son for his lifetime such amounts from the principal or income, or both, of this trust up to the whole thereof, as the Trustee, in the Trustee's sole and absolute discretion, may from time to time deem necessary or advisak~le for the satisfaction of my son's special non-support needs, if any. Any income not distributed shall be added annually to principal. As used in this instrument, "special non-support needs" refers to the requisites for maintaining my son's good health, safety and welfare when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office or department of the state where he lives or of the United States, or are not otherwise being provided by other sources of income available to him. Special non-support needs shall include but shall not be limited to the list of suggested non-support items set out in this article. D. In the event that he is unable to maintain and support himself independently, the Trustee may, in the exercise of the Trustee's best judgment and fiduciary duty, seek support and maintenance for him from all available public and private sources. The Trustee shall tak:e into consideration the applicable resources and limitations of any public assistance program for which he is eligible. In carrying out the provisions of this trust, my Trustee shall be mindful of the probable future needs of my son, but not of the trust remainder beneficiaries. E. No part of the corpus of the trust created by this article shall be used to supplant or replace public assistance benefits of any county, state, federal or other governmental agency that has a legal responsibility to serve person with disabilities that are the same or similar to those which ANTHONY VALENTINO may be experiencing. For purposes of determining my son's public assistance eligibility, no part of the principal or undistributed income of the trust shall be considered available to him. In the event that the Trustee is required to release principal or income of the trust 6 to or on behalf of ANTHONY VALENTINO to pay for benefits or services which such public assistance is otherwise authorized to provide were it not for the existence of this trust, or in the event the Trustee is requested to petition the court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request. My Trustee is authorized, in the Trustee's discretion, to take whatever administrative or judicial steps may be necessary to continue the public assistance program eligibility of ANTHONY VALENTINO, including obtaining instructions from a court of competent jurisdiction ruling that the trust corpus is not available to the beneficiary for such eligibility purposes. Further, my Trustee should cooperate with the beneficiary's conservator, guardian, or legal representative to seek support and maintenance for the beneficiary from all available resources, including but not limited to, the Supplemental Social Security Income Program (SSI); the Medicaid Program; and any additional, similar or successor programs; and from any private support sources. Any expense of the Trustee, including reasonable attorney fees, shall be a proper charge to the trust. F. SPENDTHRIFT PROVISIONS No interest in the principal or income of this trust shall be anticipated, assigned or encumbered or shall be subject to any creditor or to any legal process prior to the actual, receipt by the beneficiary. Furthermore, because this trust is to be conserved and maintained for the special non-support needs of ANTHONY VALENTINO throughout his life, no part of the corpus hereof, neither principal nor undistributed income, shall be construed as part of ANTHONY VALENTINO'S estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care by any public entity, office, department, or agency of any state or the United States or any governmental agency. Under no circumstances can the beneficiary compel a distribution. G. TRUSTEE AUTHORITY TO TERMINATE TRUST Notwithstanding anything to the contrary contained in this trust, in the event that the trust has the effect of rendering ANTHONY VALENTINO ineligible for any program of :public benefit, the Trustee is authorized, but not required, to terminate this trust. In determining whether the existence of the trust has the effect of rendering ANTHONY VALENTINO ineligible for any program of public benefit, my Trustee is granted full and complete discretion to initiate either administrative or judicial proceedings, or both, for the purpose of determining eligibility. All costs relating thereto, including reasonable attorney fees, shall be a proper charge to the trust. In the event of voluntary termination, the undistributed balance of the trust shall be distributed outright to my daughter, JOANNE D. VALENTINO, of Cumberland County, Pennsylvania. In the event that JOANNE D. VALENTINO predecease me or fails to survive me by thirty (30) days, then the undistributed balance of this trust to my nephew, JOSEPH A. VALENTINO, of Delaware County, Pennsylvania, Per Stirpes. H. VOLUNTARY CARE It is my wish that subsequent to the termination of the trust for the benefit of ANTHONY VALENTINO, if my contingent beneficiaries are living and distribution has been made outright to them, if ANTHONY VALENTINO is still living because there has been a voluntary ttermination of the trust in accordance with the provisions of this article, that such contingent beneficiaries will conserve, manage and distribute the proceeds of the former trust for the benefit of AN'CHONY VALENTINO to insure that he receives sufficient funds for his basic living and supplemental needs when public assistance benefits are unavailable or insufficient. This request pertaining to the use and management of the trust proceeds after the termination of the trust is not mandatory, but is an expression of my wishes only. I. BENEFICIARIES OF TRUST RESIDUE UPON DEATH OF DISABLED BENEFICIARY Unless sooner terminated, the trust created for ANTHONY VALENTINO shall terminate upon his death. At that time all remaining trust assets shall be distributed out:right to my daughter, JOANNE D. VALENTINO, of Cumberland County, Pennsylvania. If JO,~NNE D. VALENTINO predecease me or fails to survive me by thirty (30) days, all the remaining trust assets shall be distributed to my nephew, JOSEPH A. VALENTINO, of Delaware County, Pennsylvania. J. TRUSTEE'S POWERS Subject to the requirement that my Trustee be prudent, my Trustee shall have fizll power and authority to manage and control the trust estate and to sell, exchange, lease, rent, assign, transfer and otherwise dispose of any or part thereof upon such terms and conditions as my Trustee may, in my Trustee's discretion, deem proper. My Trustee may invest or reinvest all or any part of the trust estate in such common or preferred stocks, bonds, debentures, mortgages, deeds, deeds; of trust, notes and other securities, investments of property, including common trust funds, which my Trustee, in my Trustee's absolute discretion, may select or determine. It is my express intention that the Trustee shall have full power to invest and reinvest the trust funds as I might do if living, without being restricted to forms of investments which trustees may be otherwise permitted bylaw to make, and without any requirements as to diversification of investments. My TrusteE~ may continue to hold in the form in which received, any securities or any property which I nught own at the time of my death or which my Trustee may at anytime acquire hereunder; and may invest any part of the trust funds in property located within or outside of the Commonwealth of Pennsylvania. My Trustee is further authorized to invest in life, annuity, accident, sickness, including disability, and medical insurance on behalf of and for the benefit of the trust beneficiaries. 9 My Trustee shall not be obligated to undertake litigation for collection of any benefits or assets payable by reason of my death including, but not limited to, such benefits under life insurance policies, employee benefit plans or other contracts, plans or arrangements providing for payment or transfer at death which are payable to my Trustee unless my Trustee is indemnified to nriy Trustee's satisfaction against any liability and the expense of such litigation. Payment to my Trustee and the receipt of or release by my Trustee shall fully discharge any payor, and no payor need inquire into or take notice of my Will to see to the application of such payment. My Trustee shall, in addition to the powers granted above, have all powers othe~~wise granted under the Pennsylvania Fiduciaries' Powers Act as amended after the date of my Will and after my death. My Trustee shall specifically have the powers to invest in non-income producing; assets. K. UNSUPERVISED ADMINISTRATION The trust created by this Will may be administered by my Trustee free from the control of any court that may otherwise have jurisdiction over my estate. ITEM XI. I nominate, constitute, and appoint my daughter, JOANNE D. VALENTINO, as Executrix of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executrix, I nominate, constitute and appoint my attorney, JAN L. BROWN of JAN L. BROWN & ASSOCIATES, or it'. successors, or any attorney of Jan L. Brown & Associates, or its successors, currently of 845 Sir Thomas Court, Suite 12, Harrisburg, Pennsylvania, as Successor Executor of my Will. I direct that my Executrix and Successor Executor be permitted to serve without bond and in addition to those powers granted by law, I grant him/her power to sell both real and personal property, at private or public sale, to invest cash without being limited to statutory investments, to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. Dated '.,~ - ~. ~ , 2003 j (~? ,, ,,,, < ~7ANU A VAL TINO In our presence, the above-named DANUTA VALENTINO signed this and declared this to be her Last Will and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Name ~1- ,k1 ~-Y~?a~n ~~ Address a' 11 I, DANUTA VALENTINO, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by DANUTA VALENTINO, the Testatrix, this ~ day of ~L ~,~ , 2003. Q.~ }..~ ~--- Notary Public ~~ ~n~ ~ aot ,~, ANU A VALENTINO We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more ~of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by ~ - 1~(. r-i-eel and sce i e sc~ , witnesses, this ~ (~-h day of ~~ un ~ , 2003. C~.___ -. Notary ub is ~a~n Wi ess ~~~. ~-~. ~~z~ Witness ~"~'"' 12 s ~ FIRST CODICIL TO THE WILL OF DANUTA VALENTINO I, DANUTA VALENTINO, of Cumberland County, Pennsylvania, declare this to be a first codicil to my LAST WILL AND TESTAMENT dated June 1 1, 2003. FIRST: I revoke ITEM IV of my Last Will and Testament and replace it with the following: ITEM IV. I give and devise my real estate located at 4917 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania to my daughter, JOANNE D. VALENTINO, of Cumberland County, Pennsylvania. In the event that JOANNE D. VALENTINO predeceases me or fails to survive me by thirty (30) days, then my real estate shall be added to my residuary estate. SECOND: In all other respects, I confirm and republish my LAST WILL AND TESTAMENT dated June 11, 2003. I signed this first codicil to my will on 1 ~ _ ~ ~ , 2006. ~, .w , ~ ~~ ~ D~ UTA VALENTINO On the date last above written, we saw DANUTA VALENTINO, in our presence, sign the foregoing instrument at its end. She then declared it to be a first codicil to her will and. requested us to act as witnesses to it. We then, in her presence and in the presence of each other, signed our names as attesting witnesses, believing her at all times herein mentioned to be of sound mind and memory and not acting under constraint of any kind. 845 Sir Thomas Court, Suite 12, Hb~ PA 17109 Witness ,- ~ ~ ~ ~ ~-t-c ~ Cpl ~ ~i~-t SC~o 845 Sir Thomas Court, Suite 12, Hb~., PA 1 ~p9: -•t~ tir~.r i ~: ~ -. --- .s,. ;~ --~-~ . ~~ '- ' ~ C ~` f COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN //~~ 1 We, ~a~~.~ W~:~c.~ _ and _ _ Jv c~ , X h rJ_ C:: h ~f s~ _1.~ _ __ , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified accordling to law do depose and say that we were present and saw the testatrix sign and execute the instrument as a codicil to her Last Will; that the testatrix signed willingly and executed it as her free ;and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the codicil as a witness; and that to the best of our knowledge the testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. '~axflaX~-E~ Witness fitness I, DANUTA VALENTINO, testatrix whose name is signed to the attached nor foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. DANUTA VALENTINO Subscribed and sworn to and acknowledged before me by DANUTA VALENTINO, the Testatrix, and subscribed and sworn to before me by ~'p~~ a K - U~.J1~,t~ ,and J U~~- ~ ~ ~,~~,(~,~ ~ ,witnesses, on ~ a - 1 ~ , 2006. tart' ublic t~toNrrEA~n~ of P~sYLVAnu NOTARIAL SEAL 1At~UELtNE A. KELLX NOtMK PI~LiC LOWER PAXTON tWP., DM1PHtN t~1UNir M1f COMMISSION EXPIRES DEC. 11 2001 2