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HomeMy WebLinkAbout05-06-11M • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of James F. Clay, Jr. ,Deceased ESTATE NO: 21- ~ I ~-• U ~~~~ ~ a/k/a: James F. Clay _ alk/a: ,~ I,~-~ G tc~ Ewa' SS NO: 583-80-6016 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary __ under the last Will of the above-named Decedent, dated 1/28/2011 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 the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): O B. Grant of Letters of Administration to appucan~e, enter d. b. n., pendent lite, durante absentia, durante minoritate) C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs ([f Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending dworce roceedin wherein rounds for divorce had been established as rovided in 23 Pa. C.S.A. 3323 ~c :fit as follctivws: '.z~ _~, _ __~ ~~ -~; j ~^{ 1 1 Estimated value of decedent's property at death: If domiciled in PA _If not domiciled in PA _If not domiciled in PA _Value of Real Estate in Pennsylvania (Month, Day, Year of death) (City and State where death occurred) 600,,000.00 All personal property $ Personal property in Pennsylvania $ Personal property in County $ Total Estimated Value $ Location of Real Estate in Pennsylvania: (Provide full address if possible.) 600,000.00 Signature(s) Name(s) & Mailing Address(es) Nancy A. Clay, 935 Grandon Way, Mechanicsburg, IPA 17050 Interim Form RW-02 revised 1226.10 by Cumberland County pending action by the Court Page 1 of 2 4~ THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or priru;ipal residence At 935 Crandon Way, Mechanicsburg, Pennsylvania 17050 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 55 years of age, died 4/27/2011 at Mechanicsbura, Pennsvllvania a. OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 ~_ before me this _ (~ ~ h day of ~- .. t / ,' z C a For the Register Estate of ~~_ ,~~ ~ _. .., -, __~ ~~ .. _ DECREE OF PROBATE AND GRANT OF LETTER ~~ ~ `-~' ~.. ~ ~ .> ~, _, James F. Clay, )r. ,Deceased File Number: 21- AND NOW, this _~ day of -~ '' in consideration of the Petition on the reverse side hereon, satisfactory proof havin been presented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) Nancy A. Clay in the above estate and that instruments(s) dated 1/28/2011 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. FEES: Letters ....................$ 460.00 Wtll ....................... 15.00 Codicil(s) ............... (3) Short Certificates 12.00 ( )Renunciations....... Bond ............................ Other ............................ ................................. ................................. Automation FEE......... 5.00 JCS FEE .................. 23.50 TOTAL ................$ 515.50 b ' ,~ Glenda Farner Strasbaugh, , o ,~ ,.. Register of Wills ~~ ~~'s~-~= `~~-~~~ ~- Signature of Counsel Required to Enter ~~ppearance Atty's Signature PRINTED Name: William R. Kauf ,Esquire Supreme Court ID No.: 78627 Address: 940 Century Drive, Suite B Mechanicsburg, PA 17()55 Phone: Fax: 717-766-7702 717-790-9031 Interim Form RW-02 revised 1226.10 by Cumberland County pending action by the Court Page 2 of 2 If)5 RU5 RI~F ~(1in'~ - LOCAL REGISTRAR'S CERTl~I~,~1°It~N C~~ ~~,°~'-~ V1f,~F~NING: It is illegal to duplicate this cc~~~~Y b~ ~hot+~:;tat o>+ ~hc,#o~~~l.:~~~, Fee I-c)r this ce'rtii-i~~<tt~w. 'ti(+ to P Certifi~::.(C~(~n ~r(ut(ht_r -~i/1I rijj``~,~,~ /ri:ier H Of P~ ~ ' ~I 4)aw (., _ ~ i, we ! t Illii)i lllclF It );f f~l ('. ~`t.:3 i1 - ~ tt~t~.~\4. t ~1~ ' 0 ~j~/ ~'.~ ~ / t' _ il)C'C~ }~ _ i.' i~"l`4; >>, 1 ~ rr;I:~f6lzll ~. i.~(~Illw.,lil' f.lt I)f'xi~Il , ~~~~ © `1\~.~ / " lpta ',T ,~/ ~~ { ~i"~ It-~' ~ y i(~, .~ S ,. Pi. '.(~ I'\ev~~I ~( x i la' (i 1 t - ., ! I \ if_ Ij (9 .A Sk~t~I r~~' C7 . ~ ~~~e ' - glitj .ii~ . ~,If ;I-tit ~~ It tlt.. °>9;.11. '~ 14th ~ `G-~'' ~: .z s ~~ ye; ~ - ,, .. I~ ,-'t 1)t F. Q) i ~1 1'~'il1 •, Illlii' . -- P ~ ~ - ,- ~:: ~ ,, . ~ ~/ ,, ~~ n ,... ; ~: _a s -~ - • . r _..r,~ ~ - ... ~ _.4 ~ t 7 -- - _ ~~, t i . - -~ ~, _ ice I _., s ,-.., ; _t -- - : . _ . -~ _ i I~ i f l 1 -~ -.._: .~,.9.. I ' __- ---~~ ,_.-, a r-, ~ L~ ' ~,. H10S143 REV 11/'2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE /PRINT IN PBLACKNWK CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Name of Decedent (Frst middle, last, suffix) 2. Sex 3. Social Securry Number 4. Data of atath (Month, day, year) James F• Cla Jr. Male 583 - 80 - 6016 '~ 27, 2011 6. Age (Last Birtlday) under 1 ar Under 1 da 6. Date d Birth Month, da . 7. & and state or ce Be. Place of Deem Check one Mondts Days Rows Moxxes Hospital: Other: 55 Yrs February 25 1956 Harrisburg, PA ^ Inpatient ^ ER /Outpatient ^ DDA ^ Nurekt Horne 8b. County of Death tic. City, Boro, Twp. of Death Bd. Facility Name (H not instilutim, give sheet and number 9 ®Residerae ^ Otirer - Specfy 9. Was Decedent of Hispanic Origin? ®No ^ Yeas 10. Race: American Indian, t31aGc, White, etc. • tt Ctunberland Hampden Ztap. 935 Crandon Way R~ . eK.) ~e • 1 t. Decedents Usual Otxxt lion Kind of work done ~ ' most of file. Do rat state re ~ 12. Was Decedent ever in the 13. Decedents Educetbn (Specify ony highest grade completed) 14. Marital Status: Martied, Never Marred, 15. Surviving Spouse (If wife, give maiden name) Kind of work Kind of Busktess/Industry U.S. Amted Forces? Elementary I Secondary (0.12) Cogege (1.4 or S+) Widowed, Diwrced (Speri/y) Programmer Computers ^ Yea ~No 4 Married Nancy Appleby 16. Decedent's Mailing Address (Street, city /town, state, zip code) Decedents Did Decedent LL"C"-` 935 Crandon Way Aauat Resdence ,7a. state Pennsvlvania Tvow inshi ~ „~. ~ yam, lJacedent Lived in ~ e~ Twp PA 17 17b. county Lt]I[IbP_rlalZd D 17d. ^ No, Decedent Uved within Actual Limtts of ~, / 8om 18. Father's Name (First, middle, last, suffix) 19. Mothers Name (First, rttidde, maiden sumeme) - James F. Clay, Sr. Mary Frances Reel 20a. InkxrttanYs Name (Type / Prnq 20b. Informant's Matting Address (Street cdy /town, state, ziD code) -- Nancy A• Clay 935 Crandon Way Mechanicsburg, PA 17050 21 a. Method of Disposdion , 21 b. Date of Di • r ~ Cremation ^ Dortetfon sposition (Month, day, year) 21c. PWce of Dispositbn (Name of cemetery, crematory or other place) 21d. Locatbn (City/town, state, zip code) °w ^ Burial ^ Removal from State r Was Crematlon a Donation Autfarired • ^ omer- oar r byMsdlalExaminer/Coroner? [~Yea^ No May 2, 2011 Hollinger Crematory Mt.Elolly Sprin g, PA for Person acting as ouch) 22b. License Number 22c. Name and address of Facility Mar et P aza Way - FD - 014889 Malpezzi Funeral Home Mechanicsburg, PA 170~i5 c only when 'rg 23a. To the hest of krtovAedga, death eowrted at time, date and place ed. (Signaure and title) 23b. ~N~umh~er Q / 23c. Gate Signed (Month, day, Year) DhY ~ not available at tone of death to ~ ~ ~~~ / i~C.J ~ U / ~•- oertily cause of death. tip ~ ~~l Items 2426 must be completed by person 24. Time of Death 25. Prortgnrced Dead (Month, day, year• 26. Was Case Referred t Examiner /Coroner fa a Re Other than Cremation or Donatbn? • who pronounces death. ~. ZO Q • M. 1 ~ ~! l ^ Yes N CAUSE OF DEATH (See Instructions an xamples) OC r Approximate interval: Pan II: Enter other ?.6. Did Tobacm Use CaMdbute to Death? Item 27. Pan I: Enter the >d>an of events -diseases, injures, or complications -that directly reused the death. NOT enter tertnktal events such as prdiac arrest, r Onset to Death but rat re in the uncle respiratory arrest, or ventrcular fibrillation w' ut showing the etiobgy. List only one cause on each line. r ~in9 ~ rlyutg cause given in Part L ^ y~ Probably r ~^ Unknown IMMEDIATE CAUSE (Final disease or v } /O ~/~ / '~~~ // _ /~~ /~ ~ i ~ _ condition resulting in death) lJi~ r!'~/~ O'7~s~-}~ r ~J !/ -~ a. 29. It Female: Due to (or as a consequence of): r ^ Na pregnant wtthin past year nhally list conditions, tl any, b i ^ Pregnant at time of death ~ to the cause Fated on line a. Enter UNDERLYING CAUSE Due to (or as a consequerce of): ~ ^ Not pregnant but pregnant within 42 days (disease or injury that initiated the r of death events resulting in death) tAST. c. r Due to (or as a consequence of): r ]Not r rant twf • D a9 Dregnant 43 days to 1 year d. ~ before death r ^ Unknown if pregnant within the past year 30a. Was an Autopsy 30b. Were Autopsy Endings 31. Manner Death 32a. Date of Injury (Monty, day, year) 32b. Describe How 1 u Occurted 32c. Place of I u Home, Farm, Street, Factory, Performed? Available Pror to Contpletbn ~ .. ry ry ry ry: - of Cause of Death? CCC~~~ fNNJaNral ^ Homicide ~" Office Duiklirg, etc. (Speciyl ^ Yes ~No` ,-.~, ~ ^ Acadent ^ Pending Investigatim 32d. Tune of Injury 32e. Injury_t Work? 32t. If Trensportatbn Injury (sP~'yY) 32g. Locatbn of injury (Street, city /town, state) z~ ^ Yes L'TNo V ^ Suicide ^ Could Not be Determined M ^ Yes ^ No ^ DriverlOperetor ^ Passenger ^ Pedestran ~-- ^ Other - Speclly: 33a. Certifier (check Doty one) 33b. Signature and Ttle of C f~er^ • Certllying physician (Physiraan certifying cause of death when another physician has pronounced deem and completed Item 23) ~' / To the best of my knowbdge, death occurrod due to the cause(s) and manner as stated _ _ _ _ _ _ _ _ - ~, `~ ` eat` ~~~ • Pronouncing and certifying physician (Physician both pronourakg deatlt and certirying to cause of death) 33c. License Number 33d. Date Signed~M y, year) ~ To the bast of my knowbdge, death occurred at the time, date, and plea, and due to the cause(s) and manner ae stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ !~` a ~ 1 ~ /O Z ~ ~ ~ / ' ~~ w Medical Examiner/Coroner "- 7•' jZ~7' w On the basis of examination and I or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) end manner as stated_ ^ 34, Name and Address al Person/ Who Completed C use of Death (ttem 271 Types / Prnt o ~ 35. R ors Signature and DLS ' r~.~i'v f {~" ~(3 ~ 4'.~/ I ~ I ~I ( I o,• I °ai Fle,l (Momh, day, Year) ``~~ p z Disposition Permit No. 0599434 17297262 LAST WILL AND TESTAMENT f;, : _. - --, T :: ~ , =-~; ~' -; ~ .. _:,a ._ JAMES F. CLAY, JR. _~_ - ~ z...., ~ ~ ~ ; ~~ -, _. __ - -_ .- L,' J I, JAMES F. CLAY, JR., of Hampden Township, Cumberland County, L Pennsylvania, being of sound mind and body declare this to be my Last Wily and Testament and revoke any and all Wills and Codicils previously made by mtg. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my e>tate or by any recipient of any property, shall be paid by my Executor out of my residuary estate as an expense and cost of administration of my estate. Notwithstanding the foregoing instruction, my Executor shall be permitted to obtain reimbursement for any Death Taxes paid by my Executor, and/or request any permitted direct or separate billing to estate beneficiaries, in lieu of payment of such Death Taxes, if such Death Taxes are in respect to proceeds of insurance or other property not passing under this Will, and either the recipient of such ~' property does not also receive property under this Will by reason of my death, or if the assets of my estate passing under this Will are insufficient to pay such Deatlz Taxes in addition to the other administrative expenses of my estate. ITEM II: I give and bequeath all of my personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible personal property of every kind, and insurance thereon to my wife, NANCY A. CLAY, ("My Wife") if she survives me by thirty (30) days, or if she does not survive me by thirty (30) days, I give such articles to Page 1 of 12 1 those entitled to receive a share of my residuary estate, pursuant to the residuary gift provisions hereafter, to be divided between, or among, them as they shall agree. ITEM III: If My Wife survives me by thirty (30) days, I give to my Trustee to hold in trust (the "Exemption Trust"), in addition to all assets received directly by Trustee that are excludable from my gross taxable estate for federal estate tax purposes, assets of a total value equal to the maximum amount, if any, which can pass free of federal estate tax, and would result in the lowest possible federal estate tax being payable by reason of the deaths of both My Wife and me, by utilizing the exemption equivalent (formerly the "unified credit amount") and any other credits for federal estate tax purposes available at my death, except the following: (i) The state death tax deduction under I.R.C. Section 2058 to the extent that the use thereof would require an increase in the amount of state death taxes paid; and (ii) The credit for tax on prior transfers to the extent that credit arises from transfers to me from individuals who die after me. Such latter amount shall be reduced by the value for federal estate tax purposes of any gifts which do not qualify for the marital or charitable deduction made b~y me under this will or otherwise, and further reduced by an amount equal to the sum of all charges to principal, except death taxes that are not deducted in computing my federal (;state tax. I recognize that depending upon the amount of bequests under my Will, my non- testamentary dispositions, the existence of a federal estate tax or its structures in effect at my death, the amount of state death taxes and administration expenses, and other factors, this trust might be non-existent, or might consume all assets hereunder so that no assets may remain to pass outright to My Wife pursuant to the residuary gift hereafter. Page 2 of 12 It is not my intent for a marital deduction to be claimed with respect to any portion of this trust. However, in the event that property passing to this trust at my death by operation of law exceeds the exemption amount and all available credits for federal estate tax purposes, I permit my Executor to make the appropriate elections to qualify such excess portion of this trust for the federal estate tax marital deduction. i My Executor shall select and distribute to the Exemption Trust the cash, securities and other property that shall constitute the Exemption Trust, employing for the purpose of valuation the adjusted basis of the asset for federal estate tax purposes, provided that the assets distributed shall be selected in such manner that they shall have an aggregate fair market value fairly representative of the appreciation or depreciation in the value to the date or dates of distribution of all assets then available for distribution. The assets of the Exemption Trust shall be held and distributed on the following terms: (a) Distribution of Income. Trustee shall pay to or apply for the benefit of My Wife, at least annually, the net income of the trust estate. (b) Discretionary Principal Invasions. Trustee shall pay to or apply for the benefit of My Wife so much of the principal, from time to time, as Trustee deems advisable in its absolute discretion, which shall not be subject to judicial review, for her ~ ! health, maintenance, support and education. I recommend, subject to the discretion of the ,! ~r Trustee, that the amount of My Wife's individual assets be considered before payments of ~! r principal are made. Page 3 of 12 (c) Upon the death of My Wife, the balance of the trust shall be distributed pursuant to the residuary gift provisions hereafter, except that eligible beneficiaries will be determined in relation to My Wife's death rather than my death. ITEM IV: I give my residuary estate to My Wife, if she survives me by thirty (30) days. If My Wife does not survive me by thirty (30) days, I give my residuary estate as follows: (a) Fifty percent (50%), in equal shares, to those of my niece, JENNIFER BRITTAIN VOKOUN, and my nephew, GREGORY C. BRITTAIN, who survive me by thirty (30) days; and (b) Fifty percent (50%), in equal shares, to those of my nephews, EVAN C. APPLEBY and JOEL M. APPLEBY, who survive me by thirty (30) days; provided, however, that if any such nephew has not then attained the age of 21 years, I give each such nephew's share to MATTHEW K. APPLEBY and PAMELA S. APPLEBY, or the survivor of them, as custodian(s) under the Pennsylvania Uniform Gifts to 1Vlinors Act. ITEM V: If My Wife and I die in a common disaster or from illness or disease under circumstances where it is not possible to determine with certainty which of us survived the other, it shall be conclusively presumed that I predeceased My 'Wife. No person., other than My Wife, to whom any gift or interest shall have been. given by the terms of this Will shall be deemed to have survived me who shall have died at the same time as I, or in a common disaster with me, or under such circumstances that: it is difficult or impossible to determine which. of us survived the other. ITEM VI: No interest in income or principal of my estate or any tru>t created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee Page 4 of 12 TT or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor and my Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VII: In the settlement of my estate, and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so Lang as my Executor or Trustee may deem it advisable to my estate or trust so to do. (b) To vary investments, when deemed desirable by my F~,xecutor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as my Executor or Trustee shall deem wise, utilizing investments permissible by law for investment of trust funds. (c) To make any division or distribution required under the terms of this will in kind or in money, or partly in kind and partly in money, and to that end to allot to any part or share such stock, securities, or other property, real or personal, as to them seems proper; provided, however, that the Trustees shall not be required to make physical division of the funds except when necessary for distribution of principal, bust may, in their discretion, keep the trusts in one or more consolidated funds; nor shall the Trustees be required to make any provision on account of the diminution or increase in value of any Page 5 of 12 securities or investments at any time constituting a part of my estate or of the trusts, or for depreciation in respect of any tangible property, or for the purpose of amortizing or making good any amounts paid in premiums on the purchase of securities or of any other property. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation j or liability of the purchaser or purchasers to see to the application of the purchase money ~, or to make inquiry into the validity of said sale or sales; also, to make, execute, !~ acknowledge and deliver any and all deeds, assignments, options or other writings which ~ may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any I'~~ term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, Death Taxes or other taxes, expenses and charges in connection with the administration of my estate or trust, and my Executor shall pay the expenses of my last illness and funeral expenses. Page 6 of 12 (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to ~. ~; '~ actively manage and operate any unincorporated business, including any joint ventures and partnerships, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. ITEM VIII: In the settlement of my estate, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. ITEM IX: I hereby appoint My Wife, NANCY A. CLAY, as Executor. If My Wife is unable or unwilling to qualify as Executor or, having qualified, is unable or unwilling to continue to act, I appoint My Wife's father, K. EUGENE APPLEBY, as Exe-tutor. If My Wife's father is unable or unwilling to qualify as Executor or, having qualified, is unable or unwilling to continue to act, I appoint My Wife's brother, MATTHEW A:PPI,EBY, as Executor. Any successor Executor shall have all of the powers and discretions conferred in the governing instrument on the original Executor. Page 7 of 12 1 ITEM X: I hereby appoint My Wife and my attorney, WILLIAM R. KAUFMAN, as Co-Trustees of any trust created under this Will. If my Wife is unable or unwilling to qualify as a Co-Trustee or, having qualified, is unable or unwilling to continue to act, WILLIAM R. KAUFMAN shall serve as sole Trustee. (a) Any trustee or successor trustee may resign at any time by written notice to each beneficiary, or their legal or natural guardians, then entitled to receive or have the benefit of the income from the trust. (b) No successor Trustee shall be obligated or required to inquire; into the acts, omissions, or accounts of any prior Trustee or to bring any action against any prior Trustee to compel redress of any breach of trust or for any other reason. In no event shall a successor Trustee be liable for any act or omission of any prior Trustee. A successor Trustee may accept the account rendered and the property received from a prior Trustee as a full and complete discharge of the prior Trustee without incurring any liability for doing so. A successor Trustee shall have all of the powers and discretions conferred in the governing instrument upon the original Trustee. (c) The Trustee may, by written notice to all current beneficiaries and to all living persons who would be vested remainder beneficiaries of the trust if the trust were to terminate at the time of the notification, or their legal or natural guardians, terminate the trust whenever the Trustee, in its absolute discretion, determines that the si2:e of any share held in any trust hereafter does not warrant continuing the same in trust, or its administration would be impractical, in which event the property then consl:ituting the trust shall be distributed to the beneficiaries then entitled to the income of such. trust. No court Page8ofl2 proceedings or approval is required to effect such a termination. However, N1y Wife shall not take part in any decision to effect such termination. (d) Any trustee shall be entitled to receive reasonable compensation for services rendered in the administration of this trust. For a corporate trustee, such reasonable compensation shall be in accordance with its fee schedule in effect from time to time. Trustee compensation may be paid from the income or the principal of the trust estate, or both. (e) Any individual or corporate trustee may be removed at any time, with or without cause, by a majority vote of the beneficiaries then entitled to receive :income and principal distributions under this agreement or, in the event that any of such beneficiaries are incapacitated or are minors, by a majority of such beneficiaries and the respective guardians or personal representatives of such beneficiaries. Written notice of~ such vote of removal shall be delivered to the Trustee. Such removal shall become effective upon the appointment of and acceptance by the successor Trustee, which shall be a corporate trustee authorized by state or federal law to act as a fiduciary in the Commonwealth of Pennsylvania or beneficiary's state of residence. The successor Trustee shall be appointed by a majority of the beneficiaries then entitled to receive income or principal distributions under this agreement or, in the event that any of such beneficiaries are incapacitated or are minors, a majority of such beneficiaries and the respective guardians or personal representatives of such beneficiaries. If such beneficiaries and their respective guardians or personal representatives fail or are unable to make such appointment, the Trustee may petition the court having jurisdiction over this trust to make the appointment. Delivery to the successor Trustee and proper accounting for all property received and disbursed by the Page 9 of 12 TT _ __ Trustee shall discharge the Trustee from all responsibility and liability with respect to and in connection with this trust. ITEM XI: Any executor or trustee shall qualify and serve without the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding nine (9) pages, this ~~'day of January, 2011. (SEAL) ~~~' M S F. CLAY, JR. -- We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his bast Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and yE;ar above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. SEAL) Residing at:~ ~ ~ ~®~ ~~,~,~~~~.~~ -~ 1( 1 _ ~ ~„~ ~,~ (SEAL) Residing at: v Page 10 of 12 _ __ _ Tt COMMONWEALTH OF PENNSYLVANIA { { SS: COUNTY OF CUMBERLAND { Sworn to, acknowledged and subscribed before me by James F. Clay, Jr., the Testator, and sworn to and subscribed befwo~e one by ~A1ZC~l.-yA~ i~t~ r i 7h~i2~ and IV A ~t,' ~ S~ ,the Witnesses, this LK ~1• day of January A.D., 2011. ~ti Attorney, Member, Bar Pennsylvania Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, William R. Kaufman, certify that the foregoing acknowledgement and affidavit was made before me. Att y `~ On this, the day of January, 2011 before me, the undersigned officer, personally appeared William R. Kaufman, known to me or satisfactorily proven to be a member of the bar of the highest court of the State of Pennsylvania and certified that he was personally present when the foregoing acknowledgement and affidavit were signed by the 'Testator and witnesses. WITNESS my hand and notarial seal the day and year aforesaid. t 3 f' ~__ ~. ~. i~~ __ Notary Public i COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA A. BENDER, Notary Public East Pennsboro Twp., Cumberland County ~~ ;~,,- ~Vr,,r~ ~ ~ ~~:t.~.-~.~,pr ~ a 2011 I Page 12 of 12