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HomeMy WebLinkAbout06-22-11s `~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYIJVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of MARY E. KITZMILLER a/k/a: a/kla: a/k/a: `> Deceased ESTATE NO: 21- I ! - ~ %,~~.'' -, SS NO: 161-32-7426 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 e.t.a., or d.b.n.c.t.a. (complete Purt C uLsu} and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary __ _ under - ----__ tie ast Will of the abtwe-Warned Decedent, dated 11/9/2006 ~~nd ct~dicil(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): ^ I3. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate;l C. Petitioner(s), after a proper search, haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (If Administration e.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 Ipeuding divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:- Vame add ..e~ui~uusin~w ucceu~ fr? ~ --- I • " f j ~i "lam C ~~ t- , t I tLL A~I~I~T~/IAIAI c~r~r r~r•c~ ~ it ~.r•c~c ...~. ° - nt r~; G.,: >~ ~. .f ti..~ `x7 THIS SECTION MUST BE COMPLETED: "~ ~ `-~-° -''° 3'} ~;.:y Decedent was domiciled at death in Cwnberland County, Pennsylvania, with his/hc;r last lan-lily or pi~c~al residdi~ce At 222 Messiah Circle, Mechanicsburg, Upper Allen Twp ,Cumberland County, PA ___ ~" (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 90 _ years of age, died 6/13/2011 at Mechanicsburg, PA (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: _Ifdomiciled in PA All personal property $ 17,000.00 _If not domiciled in PA Personal property in Pennsylvania $ __ _If not domiciled in PA Personal property in County $ -Value of Real Estate in Pennsylvania $ 0.00 Total Estimated Value $ 17,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) n/a Signature(s) Name(s) & Mailing Address(es) ., r g- Penelope A. Erney, 918 Conley Drive, Mechanicsburg, PA 17055 L• ri~~ ~ Elwood C. Kitzmiller, Jr., 18 Bold Ruler Circle, Dillsburg, PA ~ ~ 17019 ` Donna P. Ohrel, 3935 Locust Grove Road, Columbia, PA 1751 interim Form RW-02 revised 1??6.10 by Cumberland County pending action by the Court I'a~c I ~~f? ~ ~~ ~-1 ; ,_t ~...~ .~ ~ .--. .-~ .~ ~~,; ,: a '.r _. ~+ ~..~ {:j --r~ ~ J 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 representat:ive(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed `~ ~ " b~¢fore me this , ;~~ ~ ~ ~ day of ~~ ,,~ . ---~~.- , ~- r \ s a ~.a• --~ For the Register =_~ ~, ~ ~~ C~~ ..,..~ ~~ .~~ ~- DECREE OF PROBATE AND GRANT OF LETTERS ~-y «~ ~-'. ~' Estate of ~ ~ r ~ ~ ~ ~ ,Deceased File Number: 21- ~ (- %' ~ %`~~ -~7 ~ i TM:,, ~ ~~ -` ~ t-- . . AND NOW, this ,~' ~~day of ~,~ ~.~. ~ ~ ~~- . ~~.~ ~ [ ( a:..,.~ '~' , in consideration of the Petition on the reverse side hereon, satisfactory proof having 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.) ';~.~ ~'t i T r ~ ~ -`-~ ~.~%, r; ~' Tj ~_~ d --~, Penelope A. Erney, Elwood C. Kitzmiller, Jr. and Donna P. Ohrel, Co-Executors _ in the above estate and that instruments(s) dated 11/9/2006 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. . r, __ .__ /'' / _ _ Glenda Farner Strasbaug~li ~ ? ~'- -` ^ ~~' ~~~ Y~~~.f ,.., 4.. 1~-f~~ ~,r~. ..~, Register of Wills ,~ r FEES: Letters ....................$ Will ....................... Codicil(s) ............... ( )Short Certificates ( )Renunciations....... Bond ............................ Other ............................ ... ... ........................... ... .............................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................ $ Signature of Counsel Required to Enter Appearance ~ -- ,~,; _ Atty's Signature ~~ /----~ . ~~ ,, ~..- ---- PRINTED Name: Craig A. Hatch, Esquire ___ Supreme Court ID 'No.: 76361 Address: 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717)731-9627 Interim Form RW-02 revised 12.26. l0 by Cumberland County pending action by the Court Page 2 of 2 LC)~AL REGISTRAR'S C~RTIFICA~"I~N QF DEA,T°~ 4~~ARNING: It is illegal to duplicate this copy by photostat ~;+r photograph. I~~~ l~t~r this cr~:rlificale. ~i(t.(N) P ~~46853~ Certifiratiun ~(I)tli~er Htf15•t43 REV tii2006 TYPE / PRINT tN PERMANENT BLACK INK t. Name d Docdera lFrs1. rnidt8e, mu, suau) 5. Ape (Last etntrwry) lkrda t year 1 day Q t'~^r"s Gals Woes 0 Yrs. • Bb Camty d fkafn &. Ciy, Boro, Twp. d Deafi ~.rrrr~rirrriri~i ~ ~~)'~ !° i11 1, trt >~;`~H ~f pf; s r(~~ 3:•!~~, lhc~ ir)Cormati{~n here ~ri~'en is rrer~~ `~ /~~ -tII-E~1~1~~ t.lt~+Ir_'tl `',°l~~ it t~i~l'111a~ (_eriftll'ate ~Jf ntvat}l ~. J - ~~ 9 ` ~ ~ )~ ~,~`~o~~' ~,~r f ~Il, Ill~s1 ~)(la =~,~ ,(, l.,I~.~tl Re~)st~ar. 7~h~~ t~r)~r~r1~-1 ,poi, ,® ~., .t(ili~~~)€.~.~ '~,' Ttl ~~~,trt~ecl lt~ the State Vital ~~ ,: , ~. {~; ~ ~ l~~~1ci)r{1~~ ~, ~ .~r_~-)~x~ent i~ilin;~. Q~ ~ ~` r ,,~ r~ r 9l _ ~ it ~ .~ ~1 ENT ~~ ~` ' _. ----- _ _ _ G ~ '~~ ~ _~ _ ~nrGl «)~~r;t) Cta[e ls5u d ~ ~~ .- ~ ~_.;. -T-~ ..,._ -, --; ~~~ ~~ ,.. ~~ c ~ ~ (~`' . j ..' ~27 r;J ~~~: , i *ji ---,i t.~J ~.~ COMMONWEALTH OF PENNSYLYANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) sTaTE FILE NuteBER 2. Sex 3. Soaat Secvdy Numoe: a. Dare d Death (Month. day, year! K.m d work ~ ~ d er,:ry:a / Irdusby .~/errr_.r,zlfLa, O~ !lame 18. Deeded a M+A^9 address (Street, qty 1 town, sgte, rip code) 122 ~~ss%2~, C~•zc% 7h1r!/'~An.~ ~ 6cr~, ia4 ~%~S 18. Eerier s Name (Fast, mddla. Wet, ) ,~~~~ ~4 y 20a. Inlomrartt s Name (Type 1 Prvd) »aIO~ 21a dOrspoenrarr •-~~ • - ~~ LJ tnpatied t_j ER I Ctupatiant ^ DOA ^ Nursing Nome ^ Residence C~'eriar • Sp~ ltd F Hama (And rrrslardar, give s tweet and ) 9. Was OetedeM d Hispanic Origin? No ^ Yas 10. Race: Artyrican Indian. Stack. Wtrite, ek. I ~ l (A Yes. sDecM Cuban. ) (SPecdY) AAeaican, Pwrto Rican, etc. 12. Was DewdeN ever n Are 13. s Eduwlnrt (Specify only highest grape r>1 ta. Memel Status: Married, Never Mamed, 15. S • U.S. Arend Forces? Etemattary /Secondary (0•t2) Cdkge (t-4 or 5+) WidOSred. Divorced (Speciy) urvivvrg Spgrae (d wife, {eve maiden nama)• ^Ya CJNa a Dewdent's ~] ~ Oid Deced.•d Adual Residertee 17a. gate /T~hnl/L~~J'] Try a ? 17t. Q~Yes, Decedent Liv~dm ~ f T~ 17b. County fpm Ler~ ~ 17d. ^ No. Dewed Uved rrndrin Ararat Limas d City f Boo 19. Moerer's Name (Fast, midtlla. maidetr fumarne I ~ zoo. nfarnanrs Ayibrg Address (Strew. c6r /town, stay, rip UDde) ,°„ r Lam! Serial ^ Removal from Slate ` W»OCnrtadon a DenafJon ADtlrorlted / 21D. Daro d D'spasitlon (klordh. day. Yw+) 21c Place d Name d oame0ery, cr ar o8rar blue) d lm tCaY /town. stile. r4 coda) ^ ? ~ q IYedktl P.aamkrer / Cororta7 ^ Yes ^ • 2oi/ ' d F Service Uwryae acting as augr) 22b. Lirenae titsrtber 22c. flaro end Address d f - ~7 R ~~.,~Vi~i~ .4 l ~2~ V • . ~ ~ /" K ~~ ~ •! 1 avaiabl~i An+e rid der w D the best d ell , death oavrred at the lime, da9a and plxe ataNd ( naEaa and BBe) 23b. Lioattse Number ~. °"' p'~h• ~: Year) oermY wsee d death ~•- -~~ Mamt 2x26 must tx qy person 2a. Tens of Dean 25. pay Pmrroreread pad (Monar, day ~ ' who prendarces death. © 3 ~ ~aA. /r~ 28.1 Casa Rshnsrn d Iy Me~eal Eaamirrer !Coroner for a Reason OBrsr Brsn Gemation of Donatinn4 r - ' ! , CAUSE OF DEATH (See Instrtaetbns end etnmples) V been 27. Part I: Eder the clan d ewmts - dBeaSBa, mjrrries, or t - Mat deeuly woad dy deari. 00 NOT etrrer ynnkrat avails taxn as wrdac arrest a l ~ ^ ip Yes l , Approrlmay y,~1: PaA 11: 6tler aarN ' 26.Okf Tobacco !lace ConbiOute m Death? ~ . resp atory amst, a vrrnhlpAar fdtrilation withota showing the elkbgy. List oNy one rouse on each ray. r , Onset to Dw9r brA nil rewang n are urtdedyarg rouse gwen in Pan t. ^ Yea ^ Probady ltrtilEplATE CAUSE (F.W deease a DodDion resulengn ri) ~,,, ,. ~,4" u~s five Ge~a~ f ,~a.~7u ~ ,~~L !~ ~No ^ , ; ~ ~~tll~~n~ y dtYnr-~_ ~ 29.~,y: h%rxrratiory, d any, t. L wtsa kayd on the a. b• cklle/~ ill fh2tp /!'QC! ~~ f Zr1 /Y) Eller UND9~YMG CAUSE Due to for u a rrp d) r - Nil pregnad tdrin pan yea, i ur~1 _ f}~ry'f'1?'L_ f'16N1GL I ~ ~O l~ ^ Pra9^ur at Bme d awn - . , aealK ~ ~le~akd the c. LAST , T ; h~_ ^ Not program, but ptegnrn wiMin a2 days ~ • pro a (d as a mryegrrarrw d): iY..C _ cf death r b ^ d, ; d pregreM 43 days m 1 year Oe . 30a. Wu an wtoDaY 30b. Was autopsy F'krdegs 31. M;tarer d OaAr - ^ Uakrown i prag<ynt walmr aro put year ( 32a. Date d njuY IMOMh. day, Yw) 3~. pesarbe Now njwy Otevred Perbmrd7 AvaAable Prior iD . ,, 32c Place d nlurY: Boma Form greet F d ~ / ,f d Cause d t>edr Nam ^ Homiade , . , a ay, OBice BwWig, ex. (SPar+7)') ,.,,/ ^ Yes Ly ~ ^ Yu [{~Mo ^ Acadmn ^ Pendrrg yBOn 320.7rra d ayray 32e. ayuy al Wodc7 32t, h Transppiation Injuy (Speciryl 32g. l.xa'ari d 4qury (STrae!, wy !tam stare) ^ Sticide ^ Could Nil be Depmwyd AI ^ y~ ^ ND , ^ Dena /Operator ^ Pauwger ^Pedestrian 33a GraAer (r9retk ady one) ~' SPactIY• ' ~htrrA PDYStcyrr tw+YSiciarr cenAyrg teats d dean when arrother Physician tae P+errorercd deatlr and oxrrpeted Aem 23) Signeh»e anO Idle d Gnd~er -- Tb tM best d my turowydgp deatlr aarsred ilea y the cawep) arW martyr as ayyd. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ es i> r- _ _ _ _ ~~~ 1Rrysidan bah piarraprcing dean and cerolyvg m puss d aeari} Tol ~ _ ^ ~. Lkense NunDer mY artoveydga, tintlt oenmed at tM tlme, date, and plea, and due to ate auae(s) anvil manna as atatW_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ?:>: ^a:e S~•.ec ~strxm, day year! McWt>t Er~rfrta / Cwawr 8 ~D J 7 ~s on Ma DaNs artd! o< tnvwt9ation, an opirdon, death orxur+ed u the time, date. and uf) <o ^' 3 " Q pya, sad dw to tfy eau a and manner as ahled_ 0 3/ RegoDar' a and Distrct Nrar7P~ // " ~. ~1e . and Admess d Pe•sar Ylrro C,^r;;e:Fd rase . ~ ~ 271 Type ; Pr~ni A'7e~ H /VOORQ f}-t(s y ~ ' "' (~ la I. Z I ~. I ~ 19 ~ 3 ~ ~ /~ v r~ ~ ~-c.~~v a-c,, vE a CS r°A !?O $~ / '1 Disposiea+PermaNO.__~S"3 V ~/!:{ LAST WILL AND TESTAMENT '' .~ -.~ f ~ °r"i ,~. ~' LL~ ~- MARY E. KITZMILLER r ~ ~' ~' `~~ ~ti~ ~ ._ __ -Y~; -'~ I, MARY E. KITZMILLER, now of 320 Messiah Circle, 100 Mount Allen Die `~~ ~' , Mechanicsburg, Cumberland County, Pennsylvania, 17055, do publish and declare this to be my `~' Last Will and Testament, hereby revoking all other prior wills and codicils made by one. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am married to ELWOOD C. KITZMILLER. The children of our marriage are PENELOPE A. ERNEY, ELWOOD C. KITZMILLER, JR. and DONNA P. OHREL. Throughout this Will, ELWOOD C. KITZMILLER will be referred to as "my husband" or "my spouse" and PENELOPE A. ERNEY, ELWOOD C. KITZMILLER, JR. and DONNA P. OHREL, will be referred to as "my children." The word "issue" will include any children as well as my other descendants. (B) Appointment of Executor. I appoint as my Executors (all hereinaftel• referred to as Executor) under this Will, the following named persons to serve without bond and without being required to account to any Court: Executors: My husband, ELWOOD C. KITZMILLER, and my children, PENELOPE A. ERNEY, ELWOOD C. KITZMILLER, JR.. and DONNA P. OHREL, to act jointly or individually. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this 'Will is entitled "THE MARY E. KITZMILLER REVOCABLE LIVING TRUST," by and between MARY E. KITZMILLER, as Settlor, and MARY E. KITZMILLER, ELWOOD C. KITZMILLER, PENELOPE A. ERNEY, ELWOOD C. KITZMILLER, JR. and DONNA P. OHREL, as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Expenses of Funeral and Last Illness. Notwithstanding that my husband, MARY E. KITZMILLER, survives me, I direct my Executor to pay my funeral expenses (regardless of amount) and the expenses of my last illness from my estate. In addition, my Executor may notify the Trustee of the Trust described in Paragraph FIRST (C) of any such expenses and my Executor may accept reimbursement from such Trustee. ~~ ~+ / _, - r ~`~~- LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 2 (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required bylaw and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which maybe required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph FIRST (C), above. THIRD: Tangible Personal PropertX. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my husband, MARY E. KITZMILLER, if he survives me. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. If my husband, ELWOOD C. KITZMILLER, does not survive me, I leave such tangible personal property to my children, PENELOPE A. ERNEY, ELWOOD C. KITZMILLER, JR. and DONNA P. OHREL, per stirpes, to be divided among them as they may select in as nearly equal shares as is practical. If there is any disagreement as to distribution, I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my children maybe distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to amy person to safeguard on behalf of the minor. -~-~-- LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 3 Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee(s) of the Trust described. in Paragraph FIRST (C) of this Will, to be held, administered and distributed pursuant to the terms thereof, as the same maybe amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as maybe generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall. have the power to do all. things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which maybe exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate; except that, in lieu of any binding shareholder agreement or buy/sell agreement to the contrary, the Executor shall not be permitted to sell the stock or any other ownership interest in any business owned by me, or held in trust, at my death, without first offering the ;;ame for sale to my children, or without next offering the same to the corporation or business represented by such ownership interest for redemption. r LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 4 (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries, except that the Executor may not invest in any securities issued by the corporate Executor, or issued by a parent or affiliate company of such Executor. (3) To retain for investment any property deposited with the Executor hereunder; except that the Executor may not retain for investment any stock in the corporate Executor, or in a parent or affiliate company of such Executor. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock.. bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry c-n the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability ~~.. ~, LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 5 for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same far the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I or my spouse may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. ?~Y1 / /'1 ~"" ~~~ LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 6 (F~ The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me or my spouse during life or by Will, even though the same person or corporation maybe acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act f 4 'l L~- 1 LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 7 under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will maybe validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Rights and Liabilities of Executor. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. SEVENTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. EIGHTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. ,~ LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 8 (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock. so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word issue shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. Except for discretionary distributions which maybe made unequally among a group of persons and distributions pursuant to a valid exercise of a power of appointment, in making a distribution to the children of any person, the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of'the person who left children who are then living. Each living child shall take one share and the share of each deceased child shall be divided among his then-living descendants in the same manner. (D) Code. Unless otherwise stated, all references in my Will to section and chapter _, L~~ LAST WILL AND TESTAMENT OF MARY E. KITZMILLER PAGE 9 numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. IN WITNESS WHEREOF, I, MARY E. KITZMILLER, the Testatrix, have to this my Last Will and Testament, typewritten on ten (10) pages, including the Acknowledgment and Affidavit, set my hand and seal this ~~? day of November, 2006. MARY . HITZ LLER Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and nine (9) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. ,~ `,~=- ~~ (print name) residing at ~'~~y~ ~,> ~,rcc ~. -~ , residing at a ~ ~ N ' ~ ~ ~ r ti S , }' /~- (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The Testator and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testator signed and executed the instrument as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testator sign and execute the instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator signed the will as witnesses; and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~~ L 4. estator -~ ~ j ~' ' per: / Witness ,/. ~.,1..~ , ~.- .~-~~ Witness Sworn to or affirmed, subscribed to, and acknowledged, before me b_ y the above-named Testator and witnesses, this ~ day of November, 2006. _.,.~.~--.~_~-_._-- ~`~ i.~IVIIvi(C~1~~1+~AL%'I l~r ~';r,NN~`i`I.VANIA Notarial Seal l~eri ~. Waiker, Notary Public a i_emoyne Boro, Cumberland County ~ fVty Commission a=xpires Jan. 20.2007 t_ Public y Commission Expires: ~'` . ~Itember. ~Qn~su~v~r~~ ~ss<~riatson of f~ataries