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HomeMy WebLinkAbout09-01-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF COUNTY, PENNSYLVANIA Estate of ~i~i QY ~ ~!//~~ SIy File Number ` 1 ~~V ~ ~ 0 also known as ~~1Q~/~CCS ~~L si~/ ,Deceased Social Security Number ~9~? ~~~' d ~ ~ ~ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ^ A. Probate and Grant of Letters Test mentary and aver that Petitioner(s) is /are the ~ OR III named in the last Will of the Decedent dated 6t~h• /Q and codicil(s) dated (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 th$ instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: Ii ^ B. Grant of Letters of (Ijapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durance absentia; Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following Admirtistration, c.t.a, or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETEINALL CASES:) Attach additional sheets'ifn~ecpejs~staL~y~~ Decedent was domiciled at death in ~i~ f~) LL ~G~'P'' County, pennsylvania with his !her last principal (List street address, town/city, township, county, state, zip code) Decedent, then ~~ years of age, died on I /O at Decedent at death owned property with estimated values as follows: (If domiciled in PA) Al] personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as rv ca -mss---- an~eirs: ~~ -'~~ t t.../ - =z, t-1 ., r -- at ~~'n P 7 ~L~~ ~. Qb Q Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letter in the appropriate form to the undersigned: I, !9t ~ Form RW-01 rev. 10.!3.06 I P3g@ 1 Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true an correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) wig 1 well and truly administer the estate according to law. Sworn to or affirmed and subscribed / ,~ Signature oJPersonal Rep ntative befor a the ~~,_ day of Signature oJPersonal Representative C'? ~ ~ erg _ ._ "~-? ~~ , ~ C/? ~ r~t ,_`y -~ F r the Register Signature oJPersonal Representative = ra ~ ~ C~%~~+~ ~- _ acy ~ r~rv F ,-z 7 © s~ ~.._ J File Number: ~~~ (~ ' ~ ~d ~7 ~ %~ -~ T' yy ,, II A ~ ~ .f~ C~`) Estate of VVA~S Deceased N ~~ Social Secu 'ty Number: ~"~ Date of Death: 1~ II AND NOW, ZOCd in consideration of the foregoing Petition, satisfactory proof having been presented befor e, IT IS D th Letters are hereby granted to in the above estate and that the instrument(s) dated IZ a described in the Petition be admitted to probate and filed of record as the last Will ( Codicil(s)) of cedent. III FEES Letters $ Registe f Wills Short Certificate(s) ........ $ D. ~ Attorney Signature: ICI Re unciation(s) ......... $-tea `'° Attorney Name: ... $ ~ I ~ • • • $ ~->•~ Supreme Court LD. No.: ,~I $ Address: ... $ '~ ... $ ... $ $ Telephone: ... $ TOTAL .............. $ lJ .~ III Fans RW-0? rev. 10.!3.06 III Page 2 Of 2 III Z/-roro~a~ OATH OF WITNESSES} TO WILL EXECUTED BY REGISTER OF WILLS ~~~ >~n COUNTY, PENNSYLVANIA Estate of Deceased ~i4~S ~ (each) a (Print Names) subscribing witness to the ~ Will ^ Codicil(s) presented herewith, (each) being duly quali ed according to law, depose(s) and say(s) that: Testator /Testatrix was unable to sign his /her name th~reto; Testator's / Testatrix' name was subscribed thereto in Testator's /Testatrix' presence; Testator / T~statrix made his /her mark thereon; Testator /Testatrix and deponent(s) were present when Testator's /Testatrix' name was subscribed and when Testator /Testatrix made his /her mark; and Testator /Testatrix was present when the undersigned signed the~Will O Codicil as witness(es). ~, ureJ l il~tR,G `r4/2• (Street Address) (City, State, Zip) (Signature) (Sweet Address) (City, Stare, Zip) Sworn to or affirm and subscribed before me this L .day of ~_-- .l rn IN . ~ 1 O . Deputy ~or(~egister of Wills rv n ~ ~ , cn r~ ~ .:~ ~: > ...~ `n n - o • ~ cs c _ acs - _:: a ~.:.~ ~ ~..., ~; ' ~' ~~ cn tv Form RW-OS rev; !0.!3.06 2~ ~a-o~a~f OATH OF WITNESS(ES) TO WILL EXECUTED BY MARK REGISTER OF WILLS ~~~~[~ COUNTY, PENNSYLVANIA Estate of ~S ~l U l~ Deceased ~IfM1~~11-~-~ ~` ~,~O~yW~~ , ~ (each) a (Print Names) subscribing witness to the Will ^ Codicil(s) presented herewith, (each) being duly qualif~ed according to law, depose(s) and say(s) that: Testator /Testatrix was unable to sign his /her name thereto; Testator's / esta ' ' name was subscribed thereto in Testator's / estatri presence; Testator / Testatrix made his /her mazk thereon; Testator /Testatrix and deponent(s) were present when Testator's /Testatrix' name was subscribed and when Testator T sta made his /her mark; and Testator ~ estate was present when the undersigned signed the'~VVill O Codicil as witness(es). ~', (Sheet ddress) ~~tr~l~. ~p ~/~7 ( Uy, State, Zip) • Sworn to or affirmed and subscribed before this day of ~ la eputy for Register of ills (Signature) (Street Address) (City, State, Zip) nl ra ~ , ~~c ~ c o cn . ~~~; ;. _-~ ~~,--, ~ :~ ~n rTt ~-~ < ~, ~ ~ ~ ~ ; i, ~rn~.~ C '~ ~ ~ ~~~ ~Tt~ _.~I t..~ G7 "..R = , . -V~ •-, N Form RW-OS rev. !0. /3.06 2(-1~-05~`~ c~ `~ ...~ RENUNCIATION ~ f~ : Yf t~ t~ `~~ ~ ~•~ REGISTER OF WILLS ~ - ~v~s~61~t ~itrl7 COUNTY, PENNSYLVANIA ~ ~ ~ ~ 1_ia . ~y r~ ~~ Estate of ~! ~~f°t/L~~ ,Deceased ~~ -/ I, ~ l,e ~,/,~~ ~ [S~{ , in my cap~city/relationship as (Print Name} ..~~J~,~R of the above Decedent, hereby ~ administer the Estate of the//Decedent and respectfully request that Letters be issued to -~o!/aG0~ YV/a~.S~t -- (Date} Executed in Register's Office Sworn to or affirme~ amend subscribed before a is day of „~Qj__. eputy for Register of Wills Form RW-06 rev. 10.13.06 (Street Address} the right to (City, Stara, Zip) Executed out of Register's Before the undersigned person party executing this renunciati~ that he or she executed the ren~ purposes stated within on this , of _ , y appeared the and certified ~iation for the day Notary Public My Commission Expires: (Signature and Seal of Notary or other official) qualified to administer oaths. Show date of expiration of 1~Iotary's Commission) I it LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 1.6809072 Certification Number This is to certify that the information here given is correctly copied from,, an original Certificate of Death duly filed with me a$ Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. +~. la 8 ~ 10 / / Local Registrar '~ Date Issued i rv '~. o ~Y~ ~ J ; '~ ~° ~-: a~ ~ ~. ~ ~ _~ C- T Iii ~> "'~v E" ; ~„~ co>w~-rlr-~ of P~sr~vn-ai- . oerr ~ Heu.Ttt . v~r~u necon~ ;, : ~- ,--n cERn~lca~ of o~-TM ~ ~, ~ ,~(~-''.'~, ($!! IMfi71CHOFli ald ~ll~lb~ OII IMfN~ STATE FILE IKMIBER ~I ~i t. R.l.rarrx lwr..lr•, wt ^+d z ab S SrW 8ruy NnMr acrd dl'. Nrrl EYanoes Walsh Female 19~ - 28 -8631 S.AOr1~eM1~/1 UNrt unrrt xorrdtlrn T; - rarra dOrrM 75 r« rw cr~r /w.. r... 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G-0:1A~ ~~~ l~E~s~ ~.~ , n~ vror rb. 0479790 r ~_ r I~+I~ARY FRANCES WALSH ' t F`IL~ NO 2-:90-W O~tIGINAL Zr-~o -o~o~/ LAST WILL AND TESTAMENT of MARY FRANCES WALSH BE IT REMEMBERED, that I, MARY FRANCES WALSH of 1453 Hillcrest Court, Apt. 1, Camp Hill, PA 17011, being of sound mind, memory and understanding, do make, publish a d'declare this as and for my Last Will and Testament, hereby revoking and making null and v id any and all Wills and Testaments and writings in the nature thereof by me, at anytime he etofore made. ARTICLE 01. BACKGROUND INFORMATION: The following is background informa~ tio~n pertaining to myself and my family: I, (A) 1 was born on September 17, 1934. c~ ~ ;:~; - z , frD C/~ ~ ~ ~,s T + C7 ' ~~ ~~~' " :. C: (B) My social security number is XXX-XX-8631. ~ ~ i . ,.~_; ~~ (C) I am single and have no children. ~ ~ ~--- ,-~, ~r' ~T ' ~ -- ~= ;=~ `~`' (D) I have 2 brothers, Ronald J. Walsh and James V. Walsh. N `~' (E) My brother, Ronald J. Walsh, has two (2) children: Kathleen Tom zuk and Sean Patrick Walsh. ~ (F) My brother, James V. Walsh, has two (2) children: Kimberly McCormic~C and James J. Walsh. ARTICLE 02. DEFINITIONS AND MISCELLANEOUS TERMS: The following efinitions and miscellaneous terms shall apply to this my Last Will and Testament: (A) Issue: The terms "issue" means the immediate and remote lawful, lineal descendants by blood or adoption of the person referred to, who are n being at the time they must be ascertained in order to give effect to the referen a to them. (B) Personal Representative: The term "my Personal Representativ "means the Executor or Executrix of my Estate, or any other title of like import hich is used to describe such a fiduciary. (C) Residuary Estate: The term "my Residuary Estate" means all the re t, residue and remainder of my Estate remaining after payment of all of my last ebts, funeral expenses, taxes and administration expenses and any other expense, r expenditure required to be made as the result of my death and after distribution f the Tangible Personal Property and any special bequests specifically set forth her in. (D) Per Stirpes: The term "per stirpes" means that whenever a distri ution is to be made to the issue or descendants of any person, the property to be di tributed shalt be divided into as many shares as there are (1) living children of the erson, and (2) deceased children, who left descendants who are living, of the perso .Each living child, if any, shall take one share and the share of each deceased child shall be divided amongst his then living descendants in the same manner. ~ I I Page 1 4~a. r ~-r MARY FRANCES WALSH ' FILE NO 2-10-W (E) Survive: The term "survive me" means that any person or orgai named or referred to shall be deemed to have survived me only if organization shall in fact survive me for a period of at least thirty person or organization named or referred to herein who shalt not s period of thirty (30) days shall be deemed to have died before I do. ion herein ;n person or ) days. Any ive me by a (F) Gender and Number: Where appropriate to the context, pronouns r other terms expressed in one number or gender shall be deemed to include the o her number or gender, as the case may be. (G) Percentages: Where a gift, bequest or devise is expressed as a per erhtage in the following Articles, it refers to the percentage of that portion of my a tate available for distribution unless a contrary intention appears in the Article. (H) Priority: Priority for distribution of the gifts and bequests herein ma a .shall follow the Article number with the lower numbered Article taking priority o er any Article appearing subsequently unless a contrary intention appears in the Ar icle. (I) Encumbrance: When encumbered property has been specifical y .devised or bequeathed, it shall pass under the terms and conditions of this Will ubject to said encumbrances, provided however, that any installment payments, c rrtent or past due, on either principal or interest on such encumbrances may b laid by my Personal Representative in his/her sole discretion. (J) Partial Invalidity: If any provision of this Will shall be declared in perative or in violation of any rule of law, such invalidity shall not affect the remai ing provisions of this Will and they shall remain in full force and effect. ARTICLE 03. .DEBTS AND FUNERAL EXPENSES: I direct that all my just deb s and funeral expenses appropriate to my station in life and custom of living (includin 8ppropriate monument or marker for my grave) be paid as soon after my demise as may be convenient. ARTICLE 04. ADMINISTRATION. EXPENSES: I direct that all of the e~ administration of my Estate including, but not limited to, probate and other reasonable commission for my Personal Representative and any attorney I Personal Representative, be paid as such expenses are incurred and as soon a as may be convenient. ARTICLE 05. PAYMENT OF TAXES: I direct my Personal Representative to pay estate, succession and legacy taxes of whatsoever nature and kind, to which r person receiving the transfer of any property passing hereunder or otherwise p of my demise, may be subject and to charge such taxes against my Residuary my intention that none of the aforesaid taxes, either federal or state, or any pr to be included in my gross estate, under the provisions of any state or federal I or hereafter enacted, shall be prorated among the persons interested in my such property is or may be transferred or to whom any benefit accrues. ARTICLE 06. TANGIBLE PERSONAL PROPERTY: I give and bequeath all tan property owned by me at my death and all insurance policies on such property ises of the urt fees and 19ned by my r my demise l inheritance, Estate or any ping by reason taste, it being ~erty required i now in force tate to whom le personal follows: Page 2 MARY FRANCES WALSH ' ' FILe NO 2-10-W (A) Memorandum: To those individuals who survive me and who are desig~ ated on a list, memorandum, or Bequest of Personal Property form signed by me whi h refers to my Will or is found with a copy thereof, I give and bequeath the item listed beside his/her name. (B) Remainder Distribution: The balance (including any items to be dis ributed under this Article, the bequest of which has lapsed) shall become part o my Residuary Estate and distributed to the beneficiaries and in the proportions h rein provided. My Personal Representative shall have the right to dispose of said rem fining items of personalty, either in kind or in cash as a result of liquidation thereof s r'ny Personal Representative, in his/her sole discretion, deems appropriat under the circumstances. It is my intent, however, that should any beneficiary o my Residuary Estate desire to receive a particular item in kind which was n t specifically bequeathed to that beneficiary, to the extent reasonably possible, my Personal Representative shall attempt, but not be obligated, to follow tha beneficiary's request. (C) Safekeepinst: If any beneficiary of any item of tangible personal pro erty aforesaid has not yet attained the age of twenty-one (21) at the time of my deat , I direct that my Personal Representative, hereinafter named, to hold said items in s fekeeping for that beneficiary and to deliver the same to that beneficiary upon he r s~~he reaching age twenty-one (21 ), or at such earlier age if my Personal Representa ivy deems the beneficiary to be of appropriate age and maturity to receive said item of'personalty. For these purposes my Personal Representative shall be entitled to u br set aside from my Estate sufficient funds to provide for that safekeeping. ARTICLE 07. SPECIAL BEQUESTS: I make no special bequest in my Will other tf~an those to be made pursuant to Article 06 herein. ARTICLE 08. RESIDUARY ESTATE: I give, devise and bequeath my Residuary Estate to the following persons and in the following percentages: (A) 42.5% to my brother Ronald J. Walsh, provided he survives me. If R Wald J. Walsh fails to survive me, then his 50% share of my residuary Estate shalt a distributed instead to such of his issue who survive me in equal shares per stirpe . (B) 42.5% to my brother James V. Walsh, provided he survives me. If , to survive me, then his 50% share of my residuary Estate shall be of his issue who survive me in equal shares per stirpes. (C) 15% to my grand nephew, Luke Tomczuk, provided he survives me, and Trust set forth in Article 9 herein. ARTICLE 9. THE LUKE TOMCZUK TRUST: In the event Luke Tomczuk should b to any interest in my Estate, his share shall be held in Trust by my hereinafter in separate Trust for the following uses and purposes and subject to the folio conditions: (A) Name of Trust: The Trust shall be known as the "Luke Tomczuk referred to as the "Trust"). V. Walsh faits 'buted to such subject to the ~e entitled 'd Trustee terms and " (hereafter Page 3 MARY FRANCES WALSH FILE NO 2-10-W (B) (~) Beneficiary: The Trust shall be held for the benefit of Luke T referred to as the "Beneficiary"). k, (hereafter Appointment of Trustee: The following shall apply to the appointment of the Trustee of the Trust: (1) Trustee: I appoint Kathleen Tomczuk as my Trustee. (2) 1~` Alternate Trustee: In the event Kathleen Tomczuk should p edecease me, die, fail to qualify, cease to exist or act, or renounce the appointment as my Trustee, I then appoint Carl Tomczuk as my Trustee. (3) 2"~ Alternate Trustee: In the event Kathleen Tomczuk and Carl Tomczuk both should predecease me, die, fail to qualify, cease to a ist or act, or renounce the appointment as my Trustee, I then authorize any court of competent jurisdiction to appoint a successor Trustee to act in Trustee's stead. (4) No Bond: Alt Trustees hereunder shall serve without bond, ur determined to be appropriate by a court of competent jurisdi (D) Management and Administration of the Trust: Subject to the provisio (E) of this Article 9, my Trustee shall have, hold, manage, invest ar principal of the Beneficiary's share of the Trust, and during the Conti of the Trust, pay to or for the Beneficiary's benefit, all or so much of and all or so much of the principal of the Beneficiary's share of the exhaustion, and without liability to any remainderman, with any unu principal to be accumulated, as my Trustee in his/her absolute and may deem necessary, proper and/or appropriate to maintain the Bel proper station in life including, but not limited by way of specificatic of expenses relating to or associated with: (1) Support and Maintenance: General support and maintenance (2) Room and Board: Room and board (including the rental or purcl for the beneficiary, home maintenance, repair and/or improver telephone, food, and other general living expenses; (3) Taxes: Real estate, income, personal and other taxes; (4) otherwise s of Paragraph i reinvest the ued existence ~e net income trust, even to 'd income and >'le discretion, ~ficiary in the ~ the payment of a home t, utilities, Transportation: Transportation and vehicle expenses (includin~ the purchase of a vehicle or vehicles, airline fees, public transportation cost and the like); (5) Education: Educational costs and fees including, but not lir charges for college, university, post graduate school or vocational or technical training and trade schools and all exl Trustee deems necessary and desirable in connection therew way of illustration, room and board, clothing, travel expe supplies, and reasonable sums for personal and other living ~ (6) Insurance: Life, health, vehicle and homeowners insurance; ~d to, tuition Est-secondary .es which the including, by s, books and ~nses; d Page 4 1 ~ MARY FRANCES WALSH FILE NO 2-10-W (7) Medical: Expenses for medical, hospital, dental, (optical, and psychological/psychiatric care. (E) Special Needs Rrovisions: If during the pendency of this Trust, t e Beneficiary becomes disabled or incapacitated, and during the period of th t disability or incapacity, the following shall apply: (1) The Trusts for the benefit of Beneficiary shall be held an Wsed to the Beneficiary's needs other than support and maintenance hich may be unavailable to Beneficiary except through this Trust. (2) The Trust is intended to satisfy those non-support need , as deemed appropriate in the absolute discretion of the Trustee. Th s trust is not intended to displace any source of income otherwise av ilable to the Beneficiary for his basic support (such as food and shelter), inicluding any governmental assistance program to which the Beneficiary is or may be entitled. It is not intended to be a resource of the Benefic ary. It is not available to the Beneficiary. It is intended to be a discretion ry spendthrift Trust created for non-support purposes. !, (3) No part of the corpus of the Trust shall be used to supplant r replace any public assistance benefits received by or through any County, state, federal or other governmental agency. (4) Trustee shall hold and distribute the principal and income of the Trust as follows: (a) During the lifetime of the Beneficiary, to the extent th t benefits are not made available to Beneficiary for other than basic li ing expenses, including food and shelter, Trustee in Trustee's absol to discretion, may distribute from income and principal to or for the benefit of the Beneficiary for his needs other than basic support. Fo the purposes of this provision, non-support purchases include, but are of limited to: dental care; unreimbursable medical expenses, includi g plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative training and experimental medical services; the diffe ential in cost between shelter for a shared and private group h m~ or room; supplemental nursing care; recreation, cultural expert nCes, outings and travel, including payment for others to accompany t e beneficiary; telephone and television, including cable television; reading and educational materials; exercise equipment; and unreimb rsed therapy. Trustee's discretion in making distributions authorize hereunder is absolute with regard to distributions form the Trust estat ,and shall be binding on all interested persons or parties. (b) As this Trust is specifically not intended to provide basic support and maintenance needs for the Beneficiary, if the Beneficia y is unable to maintain and support himself from his own resources nd sources of income, Trustee shall seek such support for the Beneficiary from public sources. This Trust has specifically not been created o supplant or replace public assistance benefits. Trustee should t erfefore seek Page 5 ~ , r MARY FRANCES WALSH FILE NO 2-10-W entitlements which are available to members of the tom unity who are experiencing disabilities that are substantially similar t those that the Beneficiary experiences. Trustee shall deny any requ st made by an agency or governmental entity requesting disburseme t bf the Trust funds to satisfy the Beneficiary's support needs. (c) Trustee shall take whatever legal steps shall be necessa to initiate or continue any public assistance program for which the 6 neficiary is or may become eligible. Trustee shall bring such actin ih any court having jurisdiction over the matter, to secure a ruling o order that the Trust is not available to the Beneficiary for support unposes. Any expense of the Trustee, including reasonable attor ew's fees, in connection with matters relating to determination of a igiibility of the Beneficiary for public support, shall be a proper charg td the Trust. (F) MISCELLANEOUS TRUST PROVISIONS: (1) SeQarate Account: I direct my Trustee to maintain a separate ~ccount for the property bequeathed and devised to the Beneficiary. (2) Distributions: The amount to be paid for the benefit of the b neficiary from the Trust shall be determiined by my Trustee, in my Trustee's ab olute and sole discretion, and from time to time, after consideration of th beneficiary's needs, other income and assets, including any income payable or the benefit of the beneficiary from ether sources, including but not li ited to, other trusts, social security benefits and/or other governmental be efits. Under no circumstances fan the Beneficiary compel a distrib tion from the Trust for any purpose. hrustee's discretion in making distrib tions is final, even if Trustee elects to make no distributions at all. Furthe ,trustee may be arbitrary and unreasonable. Trustee's absolute and indepen ent judgment, rather than any other panty's determination, is intended to b the criterion on which distributions alre made. No court or any other person should substitute its or their judgment for any decision or decision made by the Trustee. (3) Distribution-Person or Institution: The payments to be made ram the Trust may be made, as my Trustee deems appropriate, directly to t e beneficiary if the beneficiary is, in the sole opinion of my Trustee, of an ge and ability to handle the funds so paid; or directly to the person having cu tddy and care of the beneficiary; or directly to any institution entitled to su h payment by reason of services rendered or to be rendered to the benefici ry. (4) Death of Beneficiary Befgre Final Distribution: If the benefit ary should die before final distribution the beneficiary's share of Trust, then the beneficiary's share of Trust shall be distributed to the Benefit ary's issue in equal shares per stipes and if none then amongst the hen surviving beneficiaries of my Residuary Estate and in the proportions he ei~n provided, subject to the terms and conditions of this Trust, if then appli able. (5) Termination of Trust Dui to Size: Should the principal of the l~rust herein provided for be or become too small in my Trustee's discretion soy as to make Page 6 MARY FRANCES WALSH FILE NO 2-10-W establishment or continuance of the Trust inadvisable, my Trus ee or Personal Representative may make immediate distribution of the hen-remaining assets, principal and any accumulated or undistributed income utright to the person or persons and in the proportions they are entitled, ndl if any such person is a minor then to the Guardian of the Person of that min r beneficiary. (6) Rule Against Perpetuities: In the event that any propos d distribution hereunder shall violate. any rule against perpetuities o riule against accumulations my Trustee is directed to cause a sooner ter in~tion of the Trust and to make distribution as specified above in such shor er period that will not violate any such rule or law, any other provisions in my Will to the contrary not withstanding. (7) No Alienation: No income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. No part of the Trust shall be ubject to the claims of the Beneficiary's creditors, or specifically the Beneficiary's voluntary or involuntary creditors for the provision of care and services to the Beneficiary during his lifetime, including payments for resid ntial care and maintenance by any public entity or private creditor. ', (G) POWERS OF TRUSTEE: In addition to the powers conferred by law or nder previous provisions of my Will, my Personal Representative and my Trustee shill have the following powers: (1) .General Powers: In general, to exercise all powers in the man Bement of the Trust Estate which any intlividual could exercise in his or hero n right, upon such terms and conditions as it may reasonably deem best, an to do all acts which it may deem reasonably necessary or proper to carry out the purposes of the Trust. (2) Receipt of Property: To receive property bequeathed, devise or~ donated to the Trustee by the Testatrix or any other person, to receive t e ,proceeds of any insurance policy which names the Trustee as beneficiary; to execute all necessary receipts and releases to Personal Representatives, do ors, insurance companies and other parties adding property to the Trust Est te. (3) Retention and Exchange of Property: To retain in the for received any property or undivided interests in property donated to, or othe ise acquired as a part of the Trust Estate, including residential property orated to, or otherwise acquired as a part of the Trust Estate, including resid ntial property and shares of the Trustee's own stock, regardless of any lack of iversification, risk or nonproductivity, as long as it deems advisable, and to exchange any such security or property for other securities or properties and to retain such items received in exchange, although such property repr Bents a large percentage of the total property of the Trust Estate or eve the entirety thereof. (4) Investment of Pro~rty: To invest and reinvest all or any pa t ~f the Trust Estate in any property and undivided interests in property, wherever located, including bonds, debentures, notes, secured or unsecur d, stocks of corporations regardless of class, interests in limited partnershi s, real estate Page 7 MARY FRANCES WALSH FILE NO 2-10-W or any interest in related estate whether or not productive ~t the time of investment, interests in trust, investment trust, whether of t e open and/or closed fund types, and participation in common, collective r pooled trust funds of the Trustee, insurance contracts on the life of any beneficiary or annuity contracts for any'beneficiary, without being limited b any statute or rule of law concerning investments by fiduciaries. ~, (5) Sale of Assets: To sell Blither at public or private sale any r al or personal property and to consummate said sale or sales by sufficient Beds or other instruments to the purchaser or purchasers, conveying a fee si plle title with special warranty, free and clear of all trusts and without obliga ion or liability to the purchaser or purchasers to see to the application of the p r~hase money or to make inquiry to the',validity of the sale or sales; and to ake, execute, acknowledge and deliver' any and all deeds, assignments, op ions, or other writings which may be necessary or desirable in carrying out an o~ the powers conferred upon my Trustee in my Will or otherwise; I, (6) Purchase of Property: To purchase property, real or per nal, from the Testatrix's general estate upon such terms and conditions a tp price and terms of payment as the testatrix's personal representatives a d'the Trustee shall agree, to hold the property so purchased as a part of t e gust Estate although it may not qualify as an authorized trust investment xcept for this provision, and to dispose bf such property as and when the Tru e~ shall deem advisable. The fact that the Testatrix's personal represen ative and the Trustee are the same shad in no way affect the validity of thi prrovision. (7) Retention: To hold and retain the principal of the Trust Estate ndivided until actual division shall becoliie necessary in order to make distrib tuns; to hold, manage, invest, and account for the several shares or pa is thereof by appropriate entries on my Trustee's books of account; and to a locate to each share or part of share its proportionate part of all receipts nd expenses; provided, however, the Carrying of several trusts as one shall not defer the vesting in title or in poss$ssion of any share or part of share t ereof. (8) Cash: To keep, at any tirhie and from time to time, all or any portion of the Trust Estate in cash and janinvested for such period or perio s of time as it may deem advisable, without liability for any loss in income by r anon thereof. (9) Liquidation or in Kind Di~-ision: To make payment in cash or in kind, or partly in kind upon any division or distribution of the Trust Estate (including the satisfaction of any pecuniary distribution) without regard to the income tax basis of any specific property allocated to any beneficiary an to value and appraise any asset and to'distribute such asset in kind at its a pr~lised value; and when dividing fractional interests in property among sever l beneficiaries to allocate entire interests in some property to one benefici ry and entire interests in other property in another beneficiary or beneficia ies. (10) Banking and General Financial Powers: To have the foll~wing banking powers: (a) Deuosits: To depo$it any funds received for mein my bank or trust compbny or other depository as my True ants in such may select. Page 8 MARY FRANCES WALSH FILE NO 2-10-W (b) Withdrawals: To withdraw from and to draw any chec or other draft against any monies held my the Trustee for the Trust Estate at any bank, saving fund br other place of deposit. (c) Endorsements: TG endorse notes, checks and other inst uments which may require endorsement. ~ (d) Borrow Monev: to borrow money and to mortgage r pledge any property, real or personal, now or hereafter owned b 1~~he Trust as security therefor, end to satisfy of record any indentur s bf mortgage now or hereafter standing in the Trust name or acq fired for Trust account. (e) General Bankinsg: Generally, to any and all business for the Trust with any bank, trust connpany or other depository. (11) Stocks. Bonds. Securitiesi and Investments: To have the follow ng~ investment powers: (a) Sales and Exchangjes: To sell, exchange, pledge, assig , Cransfer and deliver to any person, at my Trustee's discretion, all or ny part of any stocks, bonds, nodes, mortgages, interests in partner hips or other securities, and any and all personal property standing i fhe name of the Trust or belonging to the Trust, or over which the rust may have any power of control; and to make, execute and delive on my behalf all necessary deed, assignments or transfers. I (b) Registration: To register any or all of my securities in t e name of the Trust. (c) Votin : To refrain'I from voting or to vote shares of st k which are a part of the Trust I Estate at shareholders' meeting in person or by special, limited, off- general proxy and in general to a ercise all the rights, powers and privileges of an owner in respect to aniy securities constituting a part,of the Trust Estate. (d) Investment: To in~est in any form of property, all funds and securities held by or received for the Trust, keeping such cash res ryes as, in my Trustee's discretion, are necessary or desirable to mee conditions as they may exist frorln time to time. In the exercise of t is~ power, my Trustee may invest'~in any variety of real and personal pr pbrty as in my Trustee's discretion, appears to be prudent investments, nd' my Trustee shall not be liable Ito me for any error of judgment in he making or continuation of anyr investment. (e) Reorganization: 'To participate in any plan of reo ganization or consolidation or mierger involving any company or co panies whose stock or other securities shall be part of the Trust st~lte, and to deposit such stock or other securities under any plan of earganization or with any protective committee and to delegate to s ch committee discretionary power with relation thereof, to pay a prop rtionate part Page 9 I __ - ~l MARY FRANCES WALSH FILE NO 2-10-W of the expense of such committee and any assessments le such plan, to accept and retain new securities received pursuant to any such plan, to exercise alt conversion voting and other rights, or whatsoever nature pert< property, and to ply any amount or amounts of money advisable in connection therewith. (f) General: To transact all business in relating to any securities or other property in the nature thereof; to d~ under agreements'. of deposit; to participate in any mortgage, merger, consolidation, exchange, r recapitalization, liquidation, receivership, or foreclosu thereto; to exercise any rights to subscribe to new issu generally to exercise all rights of management and ~ respect thereof. (12) Real Estate: To have the following powers regarding real ied under any y the Trustee subscription, ~ing to such it may deem ricks, bonds, ~~it the same a~n of tease, rganization, wwith respect thereof; and nership with (a) Sales: To sell, exchange, pledge, assign, transfer and deliver to any person, at my Trustee's discretion, all or any part of my reel property, standing in the name of the Trust or belonging to the Trust, or over which the Trust or Imy Trustee may have any power or ontrol. (b) Subdivision and Development: To subdivide, develop, o dedicate real property to public Muse or to make or obtain the vacati n df plats and adjust boundaries, ~ to adjust differences in valuation o exchange or partition by giving or receiving consideration, and tb dedicate easements to publik use without consideration. (c) Management: To manage real property, separately q'r jointly with others. (d) Leases: To lease fdr any term any real property and to vary the terms, including rent payable, of any tease. I, (e) R_euairs: To alter, repair, improve, mortgage, divide, xChange, join in the partition of, Ior give options with respect to, real r©perty or to demolish any improvements, to raze existing or erect n w party walls or building. ', (f) Judicial Sale: To buy in at judicial sale any property against which I hold a mortgage. ~, (g) Execution of Docu ents: To make, execute and delive on my behalf all necessary deed ,assignments or transfers. (h) Genera : Generally to transact all business and to exerc se all rights of management and oiwnership relating to real property. ',Page 10 MARY FRANCES WALSH FILE NO 2-10-W (13) Personal Property: To'sell, transfer, convey, and liquidat any tangible personal property the Tryst may own whenever it appears tha the Trust may no longer have any use fdr that property and to convert the s me into cash. (14) Claims, Law Suits, Compromise and Miscellaneous Power: To have the following powers regardi~g claims, suits etc.: '~i (a) Demands and Suit : To demand, sue for, levy, collect, nd give proper receipts for all su s of money or property now, or which may hereafter become due me, f om any sources whatsoever, includin all estates or trusts, proceeds o insurance policies, or other props ty of any kind whatsoever. (b) Settlement: To ompromise, adjust, arbitrate, sue on or defend, abandon, or othe 'se deal with and settle claims in fav r of or against the Trust Estate as the Trustee shall deem best, without court approval and without the c nsent of any beneficiary; ~, (c) Agreements: To make, negotiate, sign, and perfor any and all agreements and ontracts now in effect or in t e process of negotiation, execution and settlement by me, or which ay hereafter, in the opinion of y Agent, be to my interest or advant fie; to effect, procure, and Conti ue insurance of any and every kind a d description; and with full pow r and authority to manage any rea and personal property and cond ct my affairs generally. (15) Business Operation: To continue and operate any business owned by the Testatrix at the Testatrix s death and to do any and all things d erred needful or appropriate by the Tru tee, including the power to incorpora a the business and to put additional cap tal into the business, for such time as it shall deem advisable, without liabilit for loss resulting from the continuan a or operation of the business except fo its own negligence; and to close out, liquidate or sell the business at such ime and upon such terms as it shall eem best. (16) Rents and Profits: To collect, receive, and receipt for rents, issues, profits and income of the Trust state. (17) Insurance: To insure the ssets of the Trust Estate against damn fie or loss and the Trustee against liabil ty with respect to third persons. (18) Loans to Estate: To borr w money and to encumber, mortgag or pledge any asset of the Trust Estate or a term within or extending beyo d the term of the trust, in connection 'th the exercise of any power vested n the Trustee. (19) Loans from Estate: To le d funds to the Testatrix's general es ate upon such terms and conditions as o interest rates, maturities, and s curity as the Testatrix's personal repre entatives and the Trustee shall afire ,the fact that they may be the same in o way affecting the validity of this rovision. (20) Self Dealing: In buying nd selling assets, in lending and bor owing money, and in all other transactio s, irrespective of the occupancy by t e same person of dual positions, to deal ith itself in its separate, or any fidu ia~-y capacity. Page 11 I_ {_ .. _ . MARY FRANCES WALSH FILE N0 2-10-W (21) Em~lo ent: To emplo advisers, brokers, attorne and other assistants anc proper administration of 1 neglect, omission, miscoi representative provided reasonable care. and compensate agents, accounta ts, investment s-in-fact, attorneys-at-law, tax speci lists, realtors, advisors deemed by the Trustee n dful for the ~e Trust Estate, and to do so without iability for any duct, or default of any such agent r professional such person was selected and retained with (22) Power to Delegate: To% substitute one or more Agent or Ag nts under my Agent, to carry out any o~ the general of specific powers here y granted. (23) Payment of Cost and Ex enses: To pay all costs, taxes, expen sand charges in connection with the a ministration of the Trust. ~ (24) Tax Matters: To prepare income tax declarations (including, but not limitE agreements, waivers of represent the Trust be Department and any stag _or proceeding having to c and all tax years. (25) charged or credited to in (26) Combination: To combi terms of each trust are single trust, if the Trust a single trust is consisten administration without beneficiaries. execute and file on behalf of the T ust any and all nd returns, and any other tax retu ns and reports j to, protests, claims, elections, co Bents, closing statutes of limitations and exten ions), and to 'ore the Internal Revenue Servic pf Treasury or local taxing authority with respe t to any claim ~ with tax liabilities, federal, state o local, for any To determine what shall be fairy and equitably ie and what to principal. i assets of two or more trusts if the provisions and ~bstantially identical, and to admini ter them as a reasonably determines that the ad inistration as to the Testatrix's intent, and facilit tes the trust's defeating or impairing the int rests of the (27) Division: To divide any trust into separate shares or separa a trusts or to create separate trusts if t e Trustee reasonably deems it appr priate and the division or creation is con intent with the Testatrix's intent, and facilitates the trust's administration wi hout defeating or impairing the in erests of the beneficiaries. (H) Fee for Trustee: I direct that administration of any trust her percent (0.5%) of the value of i at the end of each month the shall be based on the value of the payment is due. ARTICLE 10. PI Representative: (A) Personal Representatives: commission or fee to be paid to my rustee for the provided shall be the annual rate of ne-half of one assets in the Trust, payable in month y installments stee administers and manages the T ust, which fee Trust assets as of the end of them nth for which The following shall apply to the my Personal _I hereby appoint the fc as my Page 12 rT MARY FRANCES WALSH FILE NO 2-10-W (1) Personal Representative: I appoint Ronald J. Walsh and Jams V. Walsh, or the survivor of them as my co-Personal Representative. I, (2) 1 ~` Alternate Pers nal R resentative: In the event both Rona d J. Walsh and James V. Walsh above s ould predecease me, die, fail to qu lify, cease to exist or act, or renounce) the appointment as my Personal Re r~sentative, I then appoint Kathleen Tamczuk as my Personal Representativ . (B) Powers of Personal Representative: My Personal representative hall have the following powers: (1) Law/Will: All powers conferred by law or under previous provisions of my Will; (2) Powers Given to My Tr4stee. All powers conferred upon ~y Trustee, as referenced in Article 9 (G) herein, incorporated by reference er`eto; (3) Disclaimer: To disclaim any interest in property. (C) Fee for Personal Representative: I direct that the commission or fe to be paid to my Personal Representative for the administration of my Estate shall be at the rate of five percent (5%) of the gross value of the assets in the Estate, whi h fee shall be based on the value of the Estate assets as reported on the Pennsylva ia'Inheritance Tax Return. ARTICLE 11. NO BONDING REQUIREMENT: I direct that my Personal Repr sentative, my Guardian of Minor's Property and my Trustee, or their successors, shall not be r quired to give bond for the faithful performance of their duties in any jurisdiction. ARTICLE 12. EXCLUSION: It is not my intention to make provision in my Wilt f r any relative or any other person not expressly provided for herein, except for children bor to or legally adopted by me after the date of this instrument. If any such person has not een expressly mentioned herein, he or she has been omitted by me intentionally and with ful knowledge of his or her relationship and existence, and not by any oversight or neglect. ARTICLE 13. WILL CONTEST: In the event that any person, including a devi e, legatee or beneficiary under my Will shall either directly or indirectly seek to establish or a sett any claim to my Estate, or any part thereof, not authorized by my Will, or seek to impair, invalidate, or set aside the provisions of my Will, or to have any of the trust provisions or estat distributions limited, declared void or diminished or to defeat or change any of the diapositive scheme of my Will, or shall endeavor to secure or take any part of my estate in any manner other than through or under my Will, I hereby give, devise and bequeath to such person or p rsons the sum of Ten Dollars ($10.00) and no more in lieu of any other share or interest n my estate. Provided further that nothing in this Article contained shall prevent any benefici ry hereunder from bringing an action against any fiduciary hereunder, for an accounting, nor tom enforcing any statutory share to which the heir may be entitled. 14. INTERCHANGEABILITY OF LANGUAGE: Words used in the singular may be r ad to include the plural or the plural may be read as the singular. Similarly, the masculine for may be read to include the feminine and neuter, the feminine may be read to include the asculine and neuter; and the neuter may be read to include the masculine and feminine. Page 13 __ _ _ ~. _ _ _ .-r-,- MARY FRANCES WALSH FIC~E NO 2-10-W 15. HEADINGS: The headings used on the various paragraphs in this Will are included for convenience only and shall have no legal significance. i IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~. day of 2010. WITNESS: ,i,,J ~" V MARY FRANCES WALSH Page 14 MARY FRANCES WALSH ~ ~I~E NO 2-10-W ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND We, MARY FRANCES WALSH, ~ 1 ~ic~id the Testatrix and the witnesses res ectiv s ~~" or mark p y, whose names are signecrto the attached or foregoing instrument, being first duly sworn, do hereby declare to the unders Ma'K~~ her r-1aNG that the Testatrix signed and executed the instrumen~as estatrix's Last Will and that Testatrix had signed willingly (or willingly directed another to sign for and that Testatrix executed it as Testatrix's free and voluntary act for the pu expressed, and that each of the witnesses, in the presence and hearing of the T the Will as witnesses and that to the best of their knowledge the Testatrix w eighteen years of age or older, of sound mind and under no constraint or u x MARY FRANCES WALSH WITNESS Sworn to and subscribed to before me this ~~+'day of _, 2010. UBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notmiel Seal Diane G. RadcNlf, Notary Public Camp HMI eoro, Cumberland County My Cornrniasion F~iroe Jan.11,2012 Member, Pennsylvania Association of Notaries ~ authority Testament Testatrix), yes therein :nix, signed at that time influence. EAL} Page 15