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HomeMy WebLinkAbout10-13-10 PETITION FOR PROBATE AND GRANT OF UTTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, ~~P~NNSYLVANIA Estate of Lester G Connor File Number ~, 21 - /O ~ ~ Q ,3~ also known as Deceased Social Secur~ty Number 205-03-8464 Marv C Connor Pettioner(s), who is/are 18 years of age or older, apply(ies) for, (COMPLE7~ A' or B' BELOW.•) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EX@CUtriX ~ named in the last Will of the Decedent, dated A7/n6NA97 and codicil(s) dated 12/11/2AA9 ~' ~~ State relevant circumstances, e.D•, renundatron, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after for probate, was not the victim of a killing and was never adjudicated an incapacitated person: s 1 ^ B. Grant of Letters of Administration ap e, en r. c..a.; ..n.c..a.; uren e n e; uren Petitioner(s) after a proper search has/have ascertained that Decedent Ieff no Will and was survived by the followin spouse (if any) and heirs: (!f Administration, c. t. a. or d.b.n.c. t.a., enter date of l~l1 in Section A above and complete list of heirs.) bf the instrument(s) offered Name Relationshi Residence ca ~ ~" ^ `rJ --+1 m J. _i ~ ~: _:~ ~ .~ s,. _ ... _._ - . (COMPLETE IN ALL CA5ES:) Attach additional sheets if necessary. ~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last princip _ 465 Fairway Drive, Camp Hill. East Pennsboro Township, Cumberland PA 17011 ~ sidence at `,a °' ~__ ,' F " ~,7 ~ (List street address, towMcity, township, county, state, zip code) Decedent, then ~~ years of age, died on Q$~20/2010 at Carolyn Croxton Slane HosAice „_, ~ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ ii 105,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: i Where re, Petitioner(s) respectfully request(s) the robate of the last Will and Codicils resented with this P iti ~{oo P et on and the n of the undersigned. O P gre t L e e In the appropriate form to Si nature T pad or tinted name and r si ence /~ / f ~ ~,~ Mary C Connor 465 Fai Camp H a II, Drive A 17011 i roan Rn-{rL KeV. 70-73-2W6 Copyright (c) 2006 forth software only The Lackner Group, Ina. ~ Page 1 of 2 1 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 gorrect to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petkioner(s) will Iwell and truly administer the estate according to law. ~~~ ~ ~~ Swom to or affirmed. and subscribed before me this ~~ day of ~/ ~ ~~L%~~ilsN1/J ~• 1~~ For the Register Mary C Connor ~~ Signature of Personel Representatltre File Number: 21 ~~ jj ~0~0 ',, Estate of Lester G Connor , D'pcaased Soci~allSecurity Number: 205-03-8464 Date of Death: 08/20/2010 AND NOW, ~ ~~~~,~~t9t t~~`.r>~-ii~i~ Zal ~ , in consideration of the fc having been presented before me, IT IS DECREED that Letters Testamentani are hereby granted to and that the instrument(s) dated 01/06/1997 12!17/2049 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... $ _ ~Of~ co Short Certificate(s) ....................... $ ~ (~, dU Renunciation(s) ............................ $ '-' - $ ~~. ~6 i - $ ~5, o a JCS $ ~.5. S~ ~vh~ $ ~ ,ate $ $ $ $ $ TOTAL ................................... $ ,jib Form RW-02 Rev. fo-r~-loos Attorney Signature: /~~""I/~/v Attorney Name: Supreme Court I.D. No.: Address: JOHNSON PO BOX 1 PA Telephone: (717) 787-4540 Copyright (c) 2006 form software only The Lackner Group, Inc. t~etition, satisf~ory proof _ _ . s~_ o ,~. in ~L..3 ~ ~ ~r _- •- 7 ~ ..._ ~.. ~ . w ~. r, C ,~ Pepe 2 of 2 IQS_8U5 REV (01!07) Z! -!o /030 LOCAL REGISTRAR'S CERTIFICATION OF QE~ATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P: 16804519 Certification Number This is to certi y that the information here given is correctly cops from an original Certificate of Death duly filed with m~ as Local Registrar. The original certificate will~i bt forwarded to the State Vital Records Office ~~for permanent filing. m~- SEP ~ 2 Local Registrar Date Issued ar ~taar C0IMAONWEALTH OF PHitiSYLV111~1A • DEPAR71tEW'r OF HFJILTN • YRAL RECOliD8 rs.. I a~~ Ni~TMi~ev.n~i a,.,~ .a ~ .. cN -.,t~ o r, ~-~ ~~ '- _ '~.% (,,,) .~. a , .,:7 C y ::_ :> _ '_i o _ _,~ .. ,~~ tbtird4ard0iM.arlNa, arld zer aSrwaaaaNNti.udar pawn.:. ` Za ~o " lkc. - ,_ Le'sr~~ G ~o~NOR I sr+i+.A t urrt aDrdwal T. dWd dowl aW- 4r o p rn. ,..• °" ~. Nbar 03 1Z t922 ~ ^e,( DDOe ^ ®nrk.aN ^alrr. UO ~ a arh d ora/ as c19r.9ua Pw. d Daau ea fr/yNanrlN nd bwwreu dwwr~.~enrerl a 1tNa 0wrr d,1lpaNa (NIpyR No yr ,a wog aia.eor Plan eNdt rbr, do 18paprrl a Cd ~y~ I VJ~il~1'r•!A/ S w, ~ r: drKapr E Makn.PorbRkwdc) IL - 17. MIr DrdM war b M to Ow61A EeNaNm (apart •de ~ 9atla aaeoYw4 tl ~~diaetl~(AIrM 13. a~N ~~ d a,Y, tlr wrdw wr) qdd qak 16rdaaMa/brry Ub. 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Rd dn.rrn q 2/ O /O e-S 8 S 1 En/f ' _ 1llaapooaNa, wma N•. U ~r 7~ r`Jr/ CODICIL TO THE LAST WILL AND TESTAMENT OF LESTER G. CONNOR I, LESTER G. CONNOR, of East Pennsboro Township, Cum Pennsylvania, do make, publish and declare this to be the sole Codicil dated January 6, 1997. ~-, r..a -i.? G ' CC3 ' a --x_, : - ...J :--t . 1 a ~ ~ f . ~~ y ~ ~~ ~ f ~~ _~ -, ...u eland County, o try Last Will ITEM I: I hereby amend said Last Will by adding the following It .m II A. Item II A: I give and bequeath to the Church of Good Shepherd of 343 '11'rindle Road, Camp Hill, Pennsylvania, the sum of Five Hundred ($500.00) Doll s.~'' In all other respects, I hereby ratify, confirm and republish my Testament dated the 6`~ day of January, 1997. List Will and - IN WITNESS WHEREOF, I hereby set my hand and seal thus ~ day of 9t1 acv nn ~ , 2009. Y-I~-~' SEAL E TER G. CONNOR I ' Signed, sealed, published and declared by the above-named Tes ~at~r, as the first Codicil to his Last Will and Testament, in the Presence of us, who, at h s t~equest, in his presence and in the presence of each other have hereunto subscribed cur named as witnesses. I~, I ~~ II AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, LESTER G. CONNOR, lvoRI~~EA' .TD rV~S°~ and ~ ~ yx x ~D ('. /N y ~~ S ,the Testator and the witnesses, res e~tively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and x~cuted the first Codicil to his Last Will and that he had signed willingly and that he exec tad it as his free and voluntary act for the purposes therein expressed, and.that each of ~ witnesses, in the presence and hearing of the Testator, signed the first Codicil to is Last Will as witness and that to the best of hislher knowledge the Testator was at th t I,time eighteen years of age or older, of sound mind and under no constraint or undue in u~nce. Q ~, ~t LESTER G. CONNOR ~ ~~ ~ ~ Witness Sworn to or affirmed to and subscribed to before me by LESTER G~ CONNOR, Testator, and subscribed and sworn to before me by Q ~. ~~ ~ S.o ~/ and _ E ~ 1~t'l u ~~ ~` • ~'Y~~E~S witnesses, this day of 2009. i Notary Pytb~ic ~ i~' ', (~ I My Commission Expires: ', ~' COMMONWEALTH OF PENNSYLVANU l :3851 d4 NO'TARIAL SEAL, Mar~aeet E. Ru$ Notary Public Lamoy~ Born, Cumberland County ~~~ ~ Ma 30, 201 I ~~, ~~ 099999-00005/December 26, 1996/HAJ/PAR/i9702 t . ~~c~~ 311 ~. OF LESTER G. CONNOR I, LESTER G. CONNOR, of East Pennsboro Township, t Pennsylvania, declare this to be my Last Will and revoke any Will me. ., © o .~L.. ~ ~~ --~ r . ~ i-? ;^; `~~~ ~ ~ = ~~ ~ '-=~ ~:>> 7 w b$rland County, viausly made by ITEM I: DEBTS. 1.0. I direct that all my debts and funeral expenses, including r and all expenses of my last illness that my estate is obligated to pay sh my residuary estate as a part of the expense of the administration of m ITEM II: TANGIBLE PERSONAL PROPERTY. q~~,. 2.1. Except for any items excluded below and any items enumer of Instruction referred to below, I bequeath to my wife, MARY C. tangible personal property, including but not limited to clothing, jew furniture, household, garden and lawn furnishings, equipment and su rugs, carpets, household goods, linen, silver, silverware, plate, china, ~ pictures, paintings, antiques, works of art, clocks, books, ornaments, motor vehicles, and all other similar articles, which I own, and the insu my wife survives me by thirty (30) days. ry', gravemarker, 11 be paid from gstate. l in the Utter pNNOR, all ~, heirlooms, des, bedding, ~~, glassware, ~onal effects, cue thereon, if f ~~ :~~ 099994-00005/Decanber 26, 1996/HA7/PAR/59702 If my wife, MARY C. CONNOR, is not living on the thirty-f my death, I bequeath such tangible personal property to my daughters, HOCKENSNIITH and PATRICIA C. ADAMS. Notwithstanding any other provisions in this Item II, I may leave and unsigned Letter of Instruction, which I shall place with my Will arr with either, containing directions as to the ultimate disposition of certai bequeathed under this Item II; such Letter of Instruction shall determir of such items . ITEM III: MARITAL DEDUCTION TRUST: 31st) day after ~4RE-ANN M. separate, dated nhy attorney, or cbf the property the distribution 3.1. If my wife, MARY C. CONNOR, survives me (and direct that for purposes of this Item of my Will she shall be deemed to have surviv '~~ me unless it appears unmistakably that she predeceased me), and if the federal estate ~ due because of my death will be reduced by making this gift for her benefit, I v$, devise and bequeath to my, Trustee hereinafter named, IN TRUST, the least amo n~ (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital. deduction to reduce the federal estate t x'to the lowest possible figure after full use of all other deductions and credits allowabl the federal estate tax. However, the state death tax credit shall only be t to the extent that it does not increase the amount of tax payable Accordingly, I direct that: in calculating into account tb any state. -2- 099999-00005/Doxmber 26, 1996/HAJ/PARJ59702 A. If the marital deduction, or any other similar benefit' is allowable with respect to any property, including property held by entireties vlrhich my wife, MARY C. CONNOR, has received prior to my death or at my e~th will receive otherwise than pursuant to this Item III, the value of such pro shall be taken into consideration in calculating the size of the gift under this I em 3.1. B. No property ineligible for the marital deduction br any similar benefits, shall be distributed to this gift for my wife, MAR ~. CONNOR, pursuant to this Item 3.1. C. Either cash or investments or both may be allocated ~o ,any gift under this Item 3.1. D. Any property allocated under this Item 3.1 in kind s ail be valued at the value which it is finally included in my gross estate for f $ral estate tax purposes, provided that the aggregate market value thereof ~ the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at le t equal to the dollar value of the marital deduction as finally determined for f Aral estate tax Purposes. E. My wife, MARY C. CONNOR, shall be paid the enti the principal in such periodic installments as the Trustee shall find at least as often as quarter-annually or else applied directly for he lincome from ~~venient, but benefit by the -3- 099999-00005/December 26, 1996/KAJ/PAR159702 Trustee. Income that accrues between the date of the last C. CONNOR and the date of her death shall be distributed to to MARY estate. F. My wife, MARY C. CONNOR, is hereby given a 'wer to appoint by Will to her estate or to others, in such manner and for such fates as she may appoint, exercisable only by specific reference by her alone and n'all events over the assets of this Trust. G. As much of the principal of this Trust as the Truste~ may from time to time think advisable for the support of my wife, MARY C CONNOR, or during illness or emergency shall be either paid to her or else a lied directly for her benefit by the Trustee. H. In addition to the above provisions, my wife, MARY C. CONNOR, shall have the power to direct my Personal Representative to dist~bute directly to her that which is to go into this Marital Deduction Trust and if the does not so direct and as a consequence said Trust is funded, she shall ha a !the power to withdraw such amounts from principal as she shall desire fro 'time to time including the entire exhaustion of principal. I. If my wife, MARY C. CONNOR, shall fail, either w to exercise effectively the power of appointment created in Paragra ITEM III, the unappointed principal shall be added to and thereafter of the principal of my residuary estate passing under ITEM IV he that unless my wife directs otherwise in her Will, the Trustee shall i illy or in part, h' 3.1.F of this t>~eated as part ~epf, provided rat deduct and -4- 099999-00005/Dectmbar26, 1996JHAJ/PAR/59702 pay to the personal representative of my wife's estate an amo~ personal representative to equal the additional death taxes expenses which would not have been payable from her estate remaining principal of the Marital Deduction Trust had not bt estate. J. If any provisian of my Will shall result in depriving marital deduction for federal estate tax purposes, such provision and my Will shall be read as if any portion thereof inconsistent the marital deduction for federal estate tax purposes is null and K. I direct that this Marital Deduction Trust shall be other legacies and devises. I1'F.M IV. CREDIT BYPASS TRUST: 4.1. I give, devise and bequeath all the rest, residue and remain to my Trustee hereinafter named, IN TRUST, for the following uses a A. To pay the net income therefrom at least as often as to my wife, MARY C. CONNOR, for and during her lifetime. icertified by my I' administration the value of the t~ncluded in her my estate of the ~ hereby revoked pith allowance of over all of my estate purposes: B. As much of the principal of this Trust as my Trus~ee~, in its sole discretion may from time to time think advisable for my wife's support in her accustomed manner of living shall be either paid to her or else app e~ directly for -5- 099999-00005/December 26, 1996lHAJ/I'AR/59702 her benefit by my Trustee after taking into account her other sources of income. Insofar as practical no principal of this Z my wife, MARY C. CONNOR, or applied for her benefit as l remains in the Marital Deduction Trust created in ITEM III. ilable assets and ~~hall be paid to ~s any principal C. My Trustee may apply the net income of this Trust on the support of my wife, MARY C. CONNOR, should she by reason of age, ill s or any other cause in the opinion of my Trustee be incapable of dispersing it. D. Upon the death of my wife, MARY C. CONNOR, th~ Trustee shall distribute all of the principal and income of the Trust to my then liking issue, per stirpes, provided, however, if pursuant to this subparagraph D m giranddaughter, CHRISTY ANN HOCKENSMITH, is entitled to a share, said s arje shall be paid to the CHRISTY ANN HOCKENSMITH DISCRETIONARY SUPPLEMENTAL NEEDS TRUST. ITEM V. FAILURE TO SURVIVE. 5.1. If my wife, MARY C. CONNOR, fails to survive me, all and remainder of my estate I give, devise and bequeath to my then stirpes, provided, however, if pursuant to this paragraph 5.1 my CHRISTY ANN HOCKENSMITH, is entitled to a share, said share sh CHRISTY ANN HOCKENSMITH DISCRETIONARY SUPPLEMI TRUST. rest, residue g issue, per e paid to the AL NEEDS -6- 099999-OOOQS/Dooember 26, 1996/HAJ/PARI59702 ITEM VI: PAYMENT OF DEATH TAXES. 6.1. All federal, state and other taxes payable because of my d ath, with respect to property forming my gross estate for tax purposes, whether or not rising under this Will, including any interest or penalty imposed in connection with ugh tax shall be considered a part of the expense of the administration of my estate and halll be paid from that part of my residuary estate passing pursuant to ITEM IV or ITEM (hereof without apportionment or right of reimbursement. All such taxes on present r'' future interest shall be paid at such time or times as my personal representative m y think proper, regardless of whether such taxes are then due. I further direct that any nth all such taxes shall be paid from and deducted from my residuary estate prior to the al~ulation of the shares.of the residuary beneficiaries, so that each residuary beneficiary, heritable or not, shall bear a portion of the burden of such taxes. ITEM VII: ELECTIONS. 7.1. My Personal Representative shall have full power to exer is~, in her sole and absolute discretion, any elections provided by the Internal Reven a Code, other statutes and regulations, state and federal, relating to the administratio bf my estate, including but not limited to the following: A. To join with my wife or her Personal Representative i a joint income tax return for any period for which such a return ma without requiring her or her estate to indemnify my estate against tax attributable to her income, and to consent for federal gift t i'~, the filing of the permitted, s~ility for the ~ purposes to -7- 099999-00005/Duxmber 25, 1995/HAJ/PAR/59702 having gifts made by my wife during my lifetime treated as havinig been made one- half of my wife and one-half by me. ~~ B. To make the election described in Section 2056(b) )' of the code in respect to all qualified terminable interest property (or any specifi portion thereof] includible in my gross estate to such extent as my .Personal Re ~sentative shall deem to be in the best interests of my estate and beneficiaries ~reof, and any determination made in good faith by my Personal Representativ two make or not to make such election shall be binding and conclusive upon. each rson having any interest in my estate and shall not be subject to question or xgeption in any manner or proceeding whatsoever or by any person whomsceve . C. To make the allocation of the GST exemption allowed tol an individual pursuant to Section 2631(a) of the code in such manner my Personal Representative shall deem to be in the best interests of my estate d beneficiaries thereof, any determination made in good faith by my Personal Rep e~entative with respect to such allocation shall be binding and conclusive upon eac lperson having an interest in my estate and shall not be subject to question or a option in any manner or proceeding whatsoever or by any person whomsoever. D. To choose the alternate valuation date for federal esta Uax purposes, without regard to whether the size of any marital deduction shall w be increased or decreased thereby, without requiring reimbursement. '~ -8- ~~ i p99999-00005/December 26, 1996/HAJ/PAR/59702 ITEM VIII: MISCELLANEOUS. 8.1. Nonalienation. The income and principal of any Trust fund as shall or may become distributable to any person (whether the interest of such ~tson be present or future, vested or contingent, direct or indirect) in accordance with ~ provisions of this Will shall not, until the actual distribution thereof to the person a tined thereto, be subject to the debts, obligations, liabilities or engagements of sucperson, or to execution, attachment or other judicial process of whatsoever characte rind howsoever termed, or be assignable voluntarily, involuntarily or by operation of aW or otherwise howsoever and the distribution thereof shall not be anticipated. Nothi ~n this Section shall be construed or deemed to curtail to any extent any power of appoi t#nent provided for in this Will or any power, authority or discretion given to or vested i the Trustee by the provisions of this Will or by law to make distribution and expenditu bf income and principal of any Trust or fund in accordance with the provisions of this VG~ill. 8.2. Distributions for Minors. Where under the provisions Personal Representative or Trustee is authorized to distribute or expen principal of any Trust or fund to, or for the benefit of, a person who may distribute such income or principal directly to such minor, to tl custody of him or her, to the guardian of his or her estate, to the guar person or to a custodian for such minor under any applicable U~ Transfers) to Minors Act, whether previously appointed or appointed purpose of receiving such distribution, all without liability on the part the application thereof and without required bond or surety. f this Will the the income or minor, they peerson having of his or her ~itm Gifts (or them for the Hem to see to -9- 099994~'i0005tDeoember 26, 1996/HA7/PAR/59702 8.3. t`-nroorete Distributions. Corporate distributions rec the distributing corporation shall be allocated to principal, regardless shares and however described or designated by the distributing corpo: 8.4. Disclaimer. If my wife or the personal represents '~ disclaims in whole or in part any property or interest ..therein othe ' pursuant to 3.1 such property or interest. so disclaimed shall be distrib created by 4.1 hereof to become and be a part of the Trust estate the ed in shares of '' the number of of my wife distributable to the Trust Unless the disclaimer by my wife or the personal representative of my wife, as a case may be, shall specifically provide otherwise, such disclaimer shall not affect any f,the provisions of the said Trust relating to my wife. 8.5. Death Taxes. Unless the context shall clearly indicate o e~rwise, "Death Taxes" shall mean (i) all federal estate taxes and all local, state an foreign estate, inheritance, transfer, legacy, succession and similar taxes which by rea on of my death may be properly imposed upon, applicable to or payable with respect to arty property or interest in property which may be included as part of my estate for the ur~oses of such taxes, or any one or more of them, including any property that may not b~ a part of my estate for administration purposes, and (ii) all generation-skipping taxes 'f any) payable at my death with respect to all transfers of property constituting directs '~s (as defined in Section 2612 (c) of the Code) of which I am the transferor other th n',a direct skip resulting from a disclaimer or to the extent that ageneration-skipping xexemption is claimed with respect thereto, and any interest and penalties thereon, but "IDeath Taxes" shall not include (i) any of such taxes attributable to (a) qualified to 'ruble interest property in which I may have a qualifying income interest for life, (b) property over -10- 099999-OOOOS/Deoember 26, 1996/HAJ/PARI59'702 which I may have a power of appointment, which power was given than me, or (c) property not included in my estate for administration respect to which a governing instrument directs the fiduciary or other l to pay from such property a share or portion of such taxes or (ii) any ~ tax except as otherwise specifically provided herein, or any interest ~ of the same. 8.6. Aecamula~ted Income. In the event any income of a~ created herein shall be accumulated, such income may (but need n~ accounted far in an accumulated income account. At any particular 1 to each such Trust or fund, the Trustee's power to dispose of income unc of this Will shall for all purposes include the power to dispose of any arc then on hand. ITEM IR: POWERS OF FIDUCIARIES. 9.1. A~licabilit_v. The provisions of this ITEM shall be appli~ context clearly requires otherwise) to the administration and management each fiduciary account created under this Will, and the terms "Fiduciary" shall mean whichever of my Personal Representative, Trustee or other the term "trust estate" shall mean whichever of my estate or such other fii the provisions of this Item are being applied to at the particular time. someone other #poses and with owner thereof penalties on any Trust or fund be separately ~e with respect ~, the provisions ~tulated income ale (unless the i, my estate and "Fiduciaries" ~uciaries, and accounts 9.2. Administrative Fowers of Fidu~ciarv. In the adm management of my estate and any fiduciary account created under this in~stration and W~illl and in the -11- 099999-00005/Decranber26, 1996JHAJ/PAR/59702 management, investment and reinvestment of the Trust estate thereo , my Fiduciaries shall have and may exercise (subject to the provisions of 9.3. of this I~[ IX and to any other provision of this Will limiting or qualifying in any way any po ~r, authority or discretion of my Fiduciaries) full power, authority and discretion wi oft the necessity of obtaining the order of any court to do all acts, to execute, acknowled a and deliver all writings and to exercise for the benefit of all persons who may be or bec nee beneficiaries under the provisions of this Will any and all powers, authorities and di rations given to or vested in such Fiduciaries by the provisions of this Will or by 1 w. By way of illustration but not limitation, my Fiduciaries shall have and may exerc s~ the following powers: A. To retain property in the form. and character in which the same shall be received; B. To sell, convey, mortgage, lease for any term wh te~ver, transfer, exchange and dispose of, either publicly or privately, the whole o any part of the Trust estate; C. To grant options for such period as my Fiduci advisable for the sale, conveyance, lease, transfer, exchange or of the whole or any part of the Trust estate and to exercise any c held as part of the Trust estate; D . To invest and reinvest the whole or any part of the 7 kind of property, real, personal or mixed, or undivided or part s shall deem pr disposition In at any time Testate in any bests therein, -12- 099999-00005fDecemb~26, 1996/NAJ/PAR/~9?02 including stocks, bonds, notes, securities, minerals and other limited partnerships, common trust funds, interest bearing a~ property of whatsoever character, located in the United Stagy statutory and other limitations as to the investment of funds, enacted or in force, being hereby waived and without obligatic same and without liability for any decline in the .value thereof; E. To purchase assets from my estate and to make to Representative, all upon such terms and conditions and with or as the Trustee shall determine; ¢urat resources, hunts and other or abroad, all ~w or hereafter ~o diversify the ~ tp my Personal without security F. To hold, manage, develop and operate all residenti property held as part of the Trust estate, to release, partition, v ~ any such property, to make improvements, thereto or thereo demolish, alter, repair, rebuild, maintain and insure build improvements on any such property and to use other assets of the any of such purposes; G. To compromise and settle claims; H. To carry any property in the name of a nominee, inch corporation or depository or in book entry form or unregistered ~ form as will pass by delivery; other real ~dte or abandon ~, ! to construct, ngs and other Trust estate for ii~,ng a clearing ~n such other -13- 099999-00005lD~mbcr 26, 1996lHAJ/PAR/59?02 I. To vote shares of stock, in person or by proxy, in management and shareholder proposals and to join in or disse the reorganization, recapitalization, consolidation, merger, lic corporations or properties; vqr of or against from and oppose d~tion, or sale of J. To employ accountants, agents, attorneys, bro investment counselors and other representatives (any of whom be a person, association or corporation acting as, or affiliated i the particular time) to perform any act of administration t discretionary), to act without independent investigati recommendations and to determine and pay their compensation ~ of the Trust estate; ~~, K. To distribute, without the necessity of filing a ji obtaining judicial approval, the whole or any part of the Z receipt and release of the beneficiary entitled to receive such c event my Fiduciaries shall be relieved of all further liability property so distributed with like effect as if such distribu pursuant to an order of court; L. To borrow money from any person in such amoun terms as my Fiduciaries shall determine and to pledge all or any of the Trust estate to secure such borrowing; ~~, employees, r but need not a Fiduciary at -hether or not upon their ki expenses out ~ accounting or estate upon the ~iution, in which respect to the had been made upon such ~aalrtt of the assets -14- f • I 0999-OOOOSfDecember 26, 1996/HAJ/PAR/59702 M. To permit any beneficiary to occupy any real pro ~Y forming part of the Trust estate without rent or upon such other terms and cdnditions as the Trustee or my Personal Representative shall determine; I~~ N. To organize or cause to be organized alone or in conjunction with others, one or more associations, corporations, partnerships or o e~ organizations; O. To continue any business, incorporated or uninco raked, in which I may have had an interest at the time of my death for such peri ,' or to liquidate the same at such time and upon such terms, as my Fiduciaries a~ determine, to invest additional sums in any such business even to the extent th t the Trust estate may be invested largely or entirely in such business, to act as, pr select other persons, including any Fiduciary or any beneficiary hereunder to aGt as, directors, officers, employees of any such business, to pay compensati n' for so acting without regard to whether the person so acting is a Fiduciary r' a beneficiary hereunder, and to make such other arrangements in respect thereof as my Fiduciaries shall determine; and ~, P. To make any distribution or division of the Trust e or in kind, or partly in cash and partly in kind and to allot dii interests in, property to different shares, all as my Personal Trustee, as the case may be, shall determine to be equity distribution or division. :',either in cash rat kinds of, or ~~resentative or to effect such -15- 099999-OOOQ3/December 26, 1996/HAJ/PAR/59702 9.3. Limitations with Res_oect tQ Marital Trust. Any oth~ Will to the contrary notwithstanding, my Fiduciaries shall not have, n the right to exercise any power, authority or discretion given to or ve; provisions of this Will or by law if the effect of their having, or 1 exercise, such power, authority or discretion would be to prevent the qualifying or continuing to qualify for the marital deduction.allowable federal estate tax payable by reason of my death. As used in this si "Marital Trust" shall mean any disposition under this Will with resj marital deduction is claimed. provision of this Shall they have, in them by the vijng the right to a#~ital Trust from the ~tion, the term ~' to which such 9.4. General Limitations. All powers, authorities and disc tuns given to or vested in my Fiduciaries by the provisions of this Will or bylaw shall ~Iexercisable by my Fiduciaries only in a fiduciary capacity. 9.5. Exercise oP Discretionary Powers. Each and every pow r~ authority and discretion given to or vested in my Fiduciaries or a class of Fiduciaries y'~,the provisions of this Will or by law, whatever may be the nature or extent thereo , shall be freely exercisable by my Fiduciaries or class at any time and from time to time inl their sole and absolute discretion, as they alone shall determine. Each exercise there f I shall not be open to question in any manner whatsoever by, and shall be binding u n, each person having an interest in the Trust estate. 9.6. Disclaimer By Personal Representative. I au Representative disclaim in whole or in part any property or interest my Personal 'gassing to me -16- 094999-00005/December 26, 19961HAJ/PAR/59702 or to my estate by reason of a testamentary or inter vivos disposition or by any other means. 9.7. Qp~.ion with Respect to Exue~tses. In the .event administration of my estate shall, at the option of my Personal R deductible either in computing any federal income tax payable during 1 of my estate or in computing the federal estate-tax payable with. respect Personal Representative shall exercise such option as my Personal Re dean to be in the best interests of my estate and the beneficiaries thei any such expense is deducted for federal income tax purposE Representative may, but shall not be required to, transfer from incon amount equal to the additional federal estate tax which my estate may 1 by reason of the failure to claim any such expense as a deduction for purposes. ITEM X: TRUSTEE. 10.1. I appoint my daughters, CLARE-ANN M. HOCK PATRICIA C. ADAMS, or either of them, as Trustees of any Tru; Should neither accept said appointment, I appoint P.N.C. BANK, N.~ ITEM XI: PERSONAL REPRESENTATIVE. 11.1. I hereby nominate, constitute and appoint my wife, MAR Executrix of this my Last Will and Testament. In the event my wife f '~ or an intestate a'iny expense of pjresentative, be administration my estate, my sentative shall ~~. In the event ,', my Personal :Ito principal an required to pay e.~eral estate tax and treated herein. as Trustee. .' ~. CONNOR, u~s to qualify or -17- 099999-00005/Dccember 26, 1996/HAJ/PAR/59702 ceases to so act, I name, constitute and appoint my daughters, C: HOCKENSNII1~i awd PATRICIA C. ADAMS, or either of them, a of any Trust created herein. Should neither accept said appointment, BANG, N.A. as Executor. ITEM RII: BOND. 14.1. No fiduciary acting hereunder shall be required to po security in any jurisdiction, but if a bond is nevertheless required, it surety. IN WITNESS WI~REOF, I hereunto set my hand and seal 1997. LESTER G. CONNQR ~A~RE-ANN M. s ~o-Executrices appoint P.N.C. >t ~Ibond or enter shall be without ~ G day of (SEAL) Signed, sealed, published and declared by the above-named Te ta(or, as and for his Last Will and Testament, in the presence of us, who, at his reques , iln his presence and in the presence of each other have hereunto s 'bedAur names as witnesses. -18- _ _ _ ____ _ ~ __ 099999-00005/Docanber 26, 1996/HAJ/PAR/59702 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COU1V1'Y OF CUMBERLAND We, LESTER G. CONNOR, ,,~,,..,,,,~ Ste, ~,,,,,~,.,,e ,the Testator. and th 'messes, re names are signed to the a hed or foregoing instrument, being firs hereby declare to the undersigned authority that the Testator signed n instrument as his Last Will and that he had signed willingly- and that he x~ free and voluntary act for the purposes therein expressed, and that each ofl in the presence and hearing of the Testator, signed the Will as witness a d h of his/her knowledge the Testator was at that time eighteen years of age sound mind and under no constraint or undue influence. / I ~r LESSER G.;60NN0 Sworn to or affirmed to and subscribed to before me by LES' Testator, and ~,~ ~ -~ , ~.~.~,..-,~ and -.K. messes, this ~_'1.Mday of . 1997. ~l +,t t~*",~- r Notary Public My Commission Expir s: ~I NOTARIAL DIANNE LENIG, It Lemoyne Borough - 19 - My Commission Expii and ctively, whose my sworn, to l executed the :cuted it as his the witnesses, khat to the best e or older, of CONNOR, Public viand Co. :.~2i,1997