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HomeMy WebLinkAbout07-08-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Grace M. Hornbaker also known as Deceased ~ ~ _ ,--~ File Number 4~' ~ ~" ~ ~ s ~ ~ ,~, Social Security Number 186284569 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the eX2CUtor named in the last Will of the Decedent dated 2/14/1990 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 instrument(s) offered for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): no exce tions B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente liter durante absentia; durante minorttate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and 1, ^ f Administration, c. t. a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) - pp z '~ ~~ ~..^~_ ~~~f^ _~.~ __~ I Q " -~ - N ,,. - r Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 309 Britton Road Shippensburg PA 17257 Shiooensbura Twp Cumberland Countv (List street address, townlcity, township, county, state, zip code) Decedent, then 75 years of age, died on 6/11/2011 at Carlisle Regional Medical Center Carlisle PA 17013 Decedent at death owned property with estimated values as follows: 750.000.00 (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ none situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence `~ ~ '~" Paul E. Hornbaker 309 Britton Road Shi ensbur PA 17257 Page 1 of 2 Form RW-02 rev. 10.13.06 (COMPLETE WALL CASES:) Attach additional sheets if necessary. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmedQand subscribed before me the U ~ day of July 7011 a n ~ '~ V Fo ie Register Signature ofP`ersonal Representative Paul E. Hornbaker Signature of Personal Representative Signature of Personal Representative File Number: t~l - ~ I ~~ Estate of Grace M. Hornbaker ,Deceased ~f - ~ J - _ ~ ~titiN~~ _~-_~~ --r-+- _ r C _- - N z _ r .. N N Social Security Number:186284569 Date of Death: 6/11 /2011 l' , AND NOW, Jul)L ~' , 2011 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Paul E. Hornbaker in the above estate and that the instrument(s) dated Februa 14 1990 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. n .~ _ , FEES Letters ~•••••••••••• Short Certificate(s) Renunciation(s) JCS fee Automation fee .... Will •..• TOTAL ......................... $ 560.00 g 20.00 $ 23.50 $ 5.00 $ 15.00 $ 623.50 Attorney Signature: Attorney Name: Address: 14 North Main Street, Suite 200 Chambersbur4 pA 17201 Telephone: 7172646029 ~~ Form RW-02 rev. 10.13.06 Page 2 of 2 Supreme Court LD. No.: 17516 `~ LOCAL REGISTRAR'S CERTIFICATION OF CETI~ WARNING; It is illegal to duplicate this copy by photostat or photo~l;~~;1-;. Fee for this certiti;u~Ite, `~~j.IN) P ~72~i~~_4G . __. _.-_.. .- 1..,....H,,. I11t~~~~~(~ (SF C~r~~J'\_ ;rx ~ ~ , ,, ~, :~~.;~ t> r i ~ y * ~ ~ k a, _d~;o ~~` ~ArME~*x~~s~,,'_ {., Cl) ~~~~~- i C'i~ll ~ 4j 2 .j I': I _-0 $)~tl ~ __ ,~f r. ~k (~~_5: j~ ll Llj~ j3~CC1 ' I,`. ~. ,.. _ +- < ski .'i. ti .[ .:'ut FfIC~iI 1 I I, .. ~ ~. 3,... ~f t CH"Cjti t. ,, ,.. .. /"~ /' - -- ~ ~,'' tci j ,i}.'. iii eaq~t(11 .. ,. ~, H105-143 REV 112006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE /PRIM IN PERMANENT CERTIFICATE OF DEATH BLACK INN (See instructions and examples on reverse) STATE FILE NUMBER 0 2. Sex 3. Sodel SecuaY Number 4. Date of Deem (Maim, daY, year) 1. Name d Decetlenl (First, midtlle, test, sutlix) Grace M. Hornbaker Female 186 - 28 - 4 Age (Last BiMtlay) 6 /Alder 1 ar Urger 1 de 6. Dee a &nh Monts, de , er 7. B' entl state or tore n count 8e. Place of beam Check oa ale . Monms DaYS lours AY"ass Hamilton TWp. , Hospital: Other: November 7 1935 Franklin Count ^Itpatlem ER/Outpatient ^DOA ^Nursing Home ^Residers ^Omer~Spectly: 75 vrs . a Deam Bd. Fadllry Name 111 not knlilWim, gNe sheet and number) 9. Was Decedent a Hispank Orgn? ®No ^ Yes 10. Race: American Indian, Black, Whhe, etc. Boro Twp City m & D , . , . ee Bb. County a (N yes, specity Cuban, (Sperxhl Mexican, Puerto Riran, et.) Whit e • Cumberland S. Middletal j j • 11. lkcedam's Usual Occu goo Kind of work dare Mtri most of Itle. Do not slate retired 12. Wes Decedem ever o me 13. tleM'S Educetbn (Spedry Doty hlghed grade completed) 14. ~ arSte~'~Mamed~~/ r Married, 15. Surviving Spot se (n rrile, gNe maiden rams) U.S. Atired Forces? Kits of Work Kind aBusiness/ IMustry Ebmentary I Secondary (012) Cotlege (1-0 a 5a) 12 Married Paul E. Hornbaker ® ^ rea No Homemaker Own Home - ,6.Dacedea'sMaWngAtldress(Slreet,dry/town, state, zipcotle) Decedents Dialkceaem Shippensburg i Decedent lived in w'P PennsviVania LNeina 17c ~Yes 309 Britton Road . , Aaual Residence 17e. Stale Cumberland T°wnsh~p? rid.^No, l3acedenl Lived witHin Shippensburg, PA 17257 • 1m'c01nry' AcwaUmMa cdY/Bao 18. Fathers Name (Fire/, mitltlle, IasL sugix) 19. Mahers Name (First mYJdle, maiden suname) Walter R. Dice Grace Rife 20a. Informant's Name (Type !Print) 20b. Intamant's Meiling Address (Street, cdY I town, slate, zip mtle) Paul E. Hornbaker 309 Britton Road Shi ensbur PA 17257 21 a. Meshed a Dislasitbn I ^ Cremation ^ Donation 216. Date a Diaposdion (Monet, my, Year) 21 c. Place a Diepocilion (Name a cemetery, aemetory a other pace) 2/d. l.ocetion (City/town, state, zW code) ® Burial ^ RertrovallmmStete i WssCremetbnorponetlonANlgrixd Chambersbur PA 17201 Medkel EaenlLner/Coroner? ^ Yes^ Na June 17 201 1 Parklawns Memor' 1 G 9 • r b ^ ~. y 22e. Signatu u ~ Servke Licensee or acting es such) 220. Lkeme Number 22c. Name antl AtlmesS a Fadliry ~ 1-L -Bricker F.H. Inc. ' Coin name 23e-c Dory when ce ~ 23a. To the best a my knowledge, deem et the ~ to and place sletq~. (Signaure ant title) 23(b. L~imnse NumOer 2 T (~ 23c. Date/Signee (Monet. r, year pryeiaan le not BVeilable at time am to ~/4^s.~~j /K ~ y~ .J V `r ~ v // // Cerbry tales 01 deem. 26. Date Pronounced Dead Monet, day, ye 26. Wes Case Referred to Medical Examiner /Coroner la a Reason Other n Crematon or Dawtbn? Time of Death 24 w . tlems 2d-26 etas be completed by person /r ^ Yes ^ No ronounces dean • 3 F (/ M M 6 . . w p CAUSE OF DEATH (See Instrudlona and exemp ) r Approximate interval: Pan II: Enter aher klgn~ m mneirore comrillulnla fo deem. 28. Did Tobaaro Use CanriMAe to Death? iven in Pan I l i re se ^ kk i m d a ^ P b . y ng u g lg n e un er r ~y'e~s~ ra e y Item 27. Pan I: Enter the chain of events - d¢eases, injuries, a axripiragae ~ mat dnecly caused the deem. DO NOT enter kmliral such es cerdiec ertesL Onset m Death ba not reau NO ^ Unkrwwn l , LJ ine. c~use on each respirebry ertesl, a veanwlar fibrgation wdlqul showing the etbbgy. Lie only one n 29. II Femek~. ,,'l~/]~~., i 5 USE (Final dsease or ~ 11 ~ ATE C ~ , ,~ `~y A IMMEDI /- ~J-C/,~ -~ Y -! ~' Not pregnant wdhin past year cordeion resutling in death) ~ _~ a Due to r as a consequence a): i ^ Pregnant at arre a death S~e~~uueenaa~y lest aaddions, tl anY. b. i ^ Not pregnant, but pregnant within 42 days leading b the cause kstetl on Ilse a. pus 10 (a as a consequence oQ' I Enter the UNDERLYING CAUSE I a deem s l0 1 year nam I3 da I ^ Na nant M re re d th i y , D g p g ete e c (disease or inlury that na I baore tlealh events resulting In tleelh) LAST. Due to (or as a consequence ol)'. I l ^ Uacnown II pregnant withn me past year d • 30a. Was en Autopsy 306_ Wem Amopsy Fintlirgs 31. Manner of Death 32a. Dale d Iryury (MOmh, day, Year) 32b. Describe How Irqury Occurted 32c. Place a Injury: tMrme, Ferm, Street, Feaory, Otlxx BuiMmg, etc. (Speary) Penartwd? Availaae Pna to Completion ~alurel ^ Haacide ~ of Cause a Death? Imestgatwn ~nl ^ Pendin ^ ~ 32tl. Tkre a Injury 32e. Injury at Work? 321. g 7rensponetion inlury (Spea/y) 32g. Location a injury (Street, my /town, state) ry ^ Yes lJ No ^ Yes Q~No g ~ ^ Yes ^ Nc ^ Passenger ^ Pedestrian ^ Deter/Opereta ^ Suede ^ Coukl Na be Determine0 M. ^ Otller ~ Spealy 33a. Cedeier (check say orre) 3 3b. Signature p~}dle a Cengie~ /~ ~ / CenNying plryslclan (Physician cenityirg reuse a death when eromer pryskian has pronowred death eat canplelotl tlem 23) N-_ ~ io the beelamy knowledge, deem aceurted duefo thecwee(a)and menders stNed_________________________________ 3 3c. lxre Number ' 33tl. Dale Signed (Month, tlay, year) • Pronouncing and cenitying physklan (Physican twlh pronouncing deem antl cenirykg to cause of death) To the bestamy knowledge, deem oaurred el the llme,Gte, end place, end due to the ceuse(s)end menneru etMetl------------------ ^ ~ S ~ d ~ ~ ~Q 7 (~~ ~ ~ / ~~`K • NedkalEnminerl Coroner On the beefs a exemlretion entl 1 or Inw•etigetbn, In my oplnlon, death xcumd et the thne, date, erW place, end due 10 tM uuae(t) end Insnner as stated_ ^ 3 4. Name erd AdtlressAl P ~ nNCanp~ed ~ use of Death (Item 27) Type / Pnnl ~ // /.~ r 35. Registrers Sgnalure and ~ r /'p ~a~~~a~~~s~ y 36. ale Filetl (MOrdh, daY, year) . ,~ i ~ (~ J . / ~ / C N S ;t, ~ ~i~ ~~z e~~ r C ~ U Disposeion Permp No. tee` ~ " ~~ -~ ~Z ~'.(,~)tt(~~ lt~ ~ )~' ~' ~~,~'. Ot: 2011 July 8 (;I.I?Rli <)l~ ~~rtr>t~.~NSC~~t'~i~l' Cl`~11131':Rl..A\I~ (;( )t?R"I, I'_A i ., ~-= ftI~;C;IS'I'I(K Ol~ ~~'lIJ.S 2011 July 8 LAST WILL AND TESTAMENT I, GRACE M. HORNBAKER, now of Shippensburg, Cumberland County, and Commonwealth of Pennsylvania, declare this to be my Last Will and Testament, and I hereby revoke all prior Wills that I may have made. ARTICLE I. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS TO MY HUSBAND. I give and bequeath my automobiles, clothing, jewelry, books, pictures, furniture, furnishings, and other personal or household items, together with all property insurance relating to such items, to my husband, PAUL E. HORNBAKER, provided he survives me for a period of thirty (30) days. ARTICLE II. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS IF MY HUSBAND DOES NOT SURVIVE ME. If my husband, PAUL E. HORNBAKER, predeceases me or if he fails to survive me for a period of more than thirty (30) days, then my automobiles, clothing, jewelry, books, pictures, furniture, furnishings, and other personal or household items, together with all property insurance relating to such items, shall be transferred according to a list which I intend to attach to this Will. If there i~ no list, then all such personal and household items shall be paid over and transferred to my children according to their own arrangements. If they cannot agree or arrange for a division in a friendly way, then my Executor may distribute or dispose of those items in any way he deems to be fair, including private sales or a public sale. If any minor becomes entitled to any items under this Article, those items may be delivered to the minor whenever my Executor decides, provided that the transfer shall take place not later than the date when the minor reaches the age of. eighteen ~18~ . ARTICLE III. RESIDUE AND REMAINDER. If my husband, PAUL E. HORNBAKER, survives me, I intend to take advantage of certain tax-saving opportunities in order to reduce the cost of transferring my estate. Therefore, I direct my Executor to divide my residuary estate into two (2) parts as follows: A. Part I shall consist of the minimum amount necessary to reduce my federal estate tax to zero, or as close thereto as possible, by using the marital deduction available under the applicable federal estate tax laws. In calculating that amount so that the largest possible balance of principal can pass free of federal estate tax to Part II, (1) all other property and interests which qualify for the marital deduction and (2) all other deductions and credits (including, but not limited to, the unified credit under federal estate tax laws) shall be used first to the greatest extent that they can to reduce the tax. However, credits shall be used only to the extent that their use will not increase the federal estate taxes in my estate. B. I give, devise, and bequeath Part I to my husband, PAUL E. HORNBAKER, free of any trust. C. Part II shall be the balance of my residuary estate, and I give, devise, and bequeath Part II (to be called the Hornbaker Family Trust) according to the terms and provisions of Article IV below. D. If my husband, PAUL E. HORNBAKER, predeceases me or if the devise and bequest of Part I shall fail by reason of its lapse, renunciation, or any other cause, then Part I, or the renounced part thereof in case of a partial renunciation, shall be added to Part II of my residuary estate and disposed of accordingly. ARTICLE IV. THE HORNBAKER FAMILY TRUST FOR MY HUSBAND AND MY CHILDREN. I give, devise, and bequeath Part II of my residuary estate ("The Hornbaker -2- Family Trust") to my Trustee, IN TRUST, NEVERTHELESS, for the benefit of my husband, PAUL E. HORNBAKER, and my children; he shall hold, manage, invest, and reinvest the trust property and shall distribute the income and principal from time to time as follows: A. If my husband, PAUL E. HORNBAKER, survives me, my Trustee shall pay income in quarterly or more frequent installments to him during his lifetime. My Trustee may also, in his sole discretion, make principal distributions to or for the benefit of my husband for his health, support, maintenance, or education, but before making any principal distributions, my Trustee shall take into account all of his other readily available assets and financial resources. My husband, PAUL E. HORNBAKER, shall also have the right and power to invade the principal of the trust for his own reasonable comfort, maintenance, support, medical care, or education, provided that this power to invade shall be limited to the sum of Five Thousand and 00/100 ($5,000.00) Dollars per year or five (SX) percent of the trust principal per year, whichever is larger. Any right or power to withdraw principal during a particular year shall lapse if not exercised during that year. If these powers to withdraw are enlarged or reduced by the United States Internal Revenue Code, then my husband's power to withdraw shall be enlarged or reduced accordingly to the extent that it will not result in the trust principal being taxed in the estate of my husband. My Trustee may, in his sole discretion, make principal distributions to any of my children for their health, support, maintenance, or education, except that my husband's obligation to support any minor children cannot be discharged by this provision in a manner that would cause this trust principal -3- to be included in my husband's estate. Furthermore, if one or more of my children is my Trustee herein, such child shall not have the right to distribute or participate in the decision to distribute principal to himself for the purposes set forth herein to the extent such right or power would cause part or all of the trust principal to be included in such child's estate. My Trustee shall take into consideration my children's other readily available assets and financial resources before making any distributions to them according to this paragraph. B. Upon my husband, PAUL E. HORNBAKER's, death if he survives me, the then remaining principal shall be paid to any one or more of my children, grandchildren, or other issue in such shares or amounts, on such terms, outright or in trust, as my husband may appoint by a Will specifically referring to this power of appointment; provided that under no circumstances shall my husband have the right or power to make any such appointment to himself, his estate, his creditors, or the creditors of his estate. In default of appointment or insofar as it is not effective, the remaining principal shall be held or distributed and paid according to Article IV-C below. C. After my husband's death, or after my death if my husband does not survive me, this Hornbaker Family Trust shall be divided into two (2) equal shares. One equal share shall be paid over and transferred to each of my children, and if a child fails to survive me, then to his or her issue, per stirpes. References in this Will to my children shall mean GARY E. HORNBAKER and KAREN S. ROPER. If there are no issue of a deceased child who are living at the time of the death of the survivor of my husband and myself, that deceased child's share or trust fund shall be divided and paid over in equal -4- shares among the other shares or trust funds created herein for the benefit of my other children, on a per stirpes basis. The share of any deceased child's issue under the age of twenty-five (25) years shall continue, IN TRUST, NEVERTHELESS, for the benefit of that particular issue until he or she attains the age of twenty-five (25) years, at which time all accumulated income and all principal shall be paid over and transferred to such issue, and the trust for that issue shall then terminate. During the term of the trust for such issue, income and~or principal shall be paid in such sums and amounts as my Trustee may, in his sole discretion, determine to be reasonably necessary for the health, support, maintenance, or education of such issue. ARTICLE V. APPOINTMENT OF EXECUTOR. I appoint my said husband, PAUL E. HORNBAKER, to be Executor of this my Last Will and Testament. In the event that he is unable or unwilling to act or to continue to act in said office, then I appoint the following as alternates with all the same powers: First Alternate Co-Executors: My children, GARY E. HORNBAKER and KAREN S. ROPER. ARTICLE VI. APPOINTMENT OF TRUSTEE. I appoint my children, GARY E. HORNBAKER and KAREN S. ROPER, to be Co-Trustees of the Hornbaker Family Trust and of any other trusts created in this Will. ARTICLE VII. DISCHARGE AND APPOINTMENT OF TRUSTEE. My husband shall have the power at any time to remove or discharge the Trustee of the Hornbaker Family Trust. If my husband removes or discharges the Trustee, a successor Trustee shall be appointed by formal court proceedings. In the event of the death, resignation, or incapacity of the Trustee of the Hornbaker Family Trust, any alternate trustee named above shall serve in -5- his place and if there is no alternate trustee named, then a successor Trustee may be appointed by a letter signed by at least a majority of the income beneficiaries (or their legal representatives) entitled to receive income at the time of the appointment. My husband is not eligible to serve as a successor Trustee. Any successor Trustee shall have all the rights, title, powers, and discretion given the original Trustee. ARTICLE VIII. INSTRUCTIONS REGARDING FIDUCIARIES. In the event that co- fiduciaries have been named for one or more of the fiduciary positions above, and if one or more of the co-fiduciaries is unable or unwilling to act or to continue to act in said office, then the other co-fiduciary(ies) may continue to serve without the need for the appointment of another co-fiduciary. Any reference to my "Executor," "Guardian," or "Trustee" in my Will shall be deemed and taken to include each and every person or party named or appointed to serve in that office, whether there is one or more than one. Also, any reference to the masculine in my Will as it relates to my Executor, Guardian, or Trustee shall also include the feminine or the neuter wherever necessary. ARTICLE IX. DEFINITIONS. Any reference to my "husband" in my Will shall be a reference to my present husband, PAUL E. HORNBAKER, and shall not be interpreted to refer to or include any future husband of mine. ARTICLE X. ADDITIONAL PARAGRAPHS. I hereby incorporate by this reference the five (5) pages of General Provisions which are attached to this Will and made a part hereof by this reference. These General Provisions are intended to provide instructions and directions for the settlement of my estate, for the administration of any trusts, for all possible tax savings, and for the orderly transfer of my property according to the terms of my Will. -6- IN WITNESS WHEREOF, I, GRACE M. HORNBAKER, the Testatrix, have to this my Last Will and Testament, typewritten on seven (7) sheets of paper (including the witnesses' signatures), of which this is Sheet No. 7, set my hand and seal this ,~.~~~_ day of .~~~~~ , 199t_. .~ f~~"r.s..-' /~` v~~-~ .,~<< ~:t ~_ (SEAL) Grace M. Hornbaker SIGNED, SEALED, PUBLISHED, AND DECLARED, by the above-named, GRACE M. HORNBAKER, as and for her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses this 0`7~ .day of ~~~.- %=r_.:Y_ , 1991. ~~. (.~`.ti ~~ ~.w ~'-' ~ ~-C~' ~~ ADDRESS C~~ f- ~. ~~ , . ~~~ ,~' ~ ~, r' ~~ ~ ~r. I:_. ADDRESS ~- ~ ' ~ ~ ' i t ADDRESS -7- ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ,! SS. COUNTY OF ~ ~ ~ - ~ t The Testatrix, Grace M. Hornbaker, whose name is signed to the foregoing instrument and the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses, in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge and belief the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Grace M. Hornbaker " ~~. ~ ~ <-~ `~~~- ~ :~-~._,~j. (SEAL ) ;~ ~, _< ~ ~, (SEAL ) f ,_: _,- ~~ , (SEAL ) Subscribed, sworn to and acknowledged before me by Grace M. Hornbaker, the Testatrix, and. subscribed and sworn`to before me ~y ~ ;'~ ~ i" r ~ ;;t ~~ ~~ ~ ~~/, 1 F , and ." t ~ ~. ~ ;' , ~ ~; j C i ~ , the witnesses, this ' F' ~~~~",~day of 1 ~ 199 ~~ , ,. .. " r ~ ~ ~ ~ , -...- f ~~ ~`~(.~ `t_ ( f ( ~ _ (~ J~ ~E (Notary Public) REBECCA ANN FE7"rENGER, Notary Public State Cullege Borc, Centre County, pa, My Commission Expires Jan. 25, 199:1 GENERAL PROVISIONS These General Provisions are intended to be and are a part of my Last Will and Testament and are to provide instructions and directions for the settlement of my estate, for the administration of any trusts, for all possible tax savings, and for the orderly transfer of my property according to the terms of my Will. A. ADMINISTRATIVE PROVISIONS SECTION I. DISABILITY, INCAPACITY, AND MINORITY OF BENEFICIARIES. If any beneficiary of my estate or any trust created in my Will is a minor or becomes disabled or incapacitated by reason of illness, advanced age, accident, or any other cause, and if the beneficiary is entitled to any income or principal, then my Executors, Guardians, and Trustees may apply income or principal from time to time directly for the beneficiary's support, maintenance, education, and health needs instead of being paid to such beneficiary or that beneficiary's guardian or conservator. Any remaining income or principal for that beneficiary shall be held as a separate trust for that beneficiary, and my Trustees may use income or principal from that separate trust for the beneficiary's support, etc., as set forth above. The remainder shall be invested and paid over to the beneficiary when, in my Trustees' opinion, the beneficiary becomes free of the disability and/or attains the age of majority as defined in this Will. SECTIOtd II. PROTECTIONS FOR BENEFICIARIES. The rights and interests of each beneficiary in the income or principal of any trust created in my Will shall be free from the control, interference, or claims of any creditor of that beneficiary or any spouse of a married beneficiary and such rights and interests shall not be subject to execution, levy, attachment, anticipation, assignment, pledge, or alienation. SECTION III. TRUSTEE ACCOUNTING. The Trustees of any trusts created herein shall each year render an account of their administration of each trust hereunder to the person or persons (or such person's or persons' guardian or guardians) who may receive the income thereof. Such person's or persons' (or the guardian's or guardians') written approval. of such account shall, as to all matters and transactions stated therein or shown thereby, be final and binding upon all persons (whether in being or not) who are then or may thereafter become interested in or entitled to share in either the income or principal of the trust. SECTION IV. WAIVER OF BOND. To the extent that such requirements can be legally waived, I direct that no Guardian, Executor, Trustee, or other fiduciary named in my Will or any successor fiduciary shall ever be required to post any bond or give any security in connection with its duties, whether in the State of Pennsylvania or elsewhere. SECTION V_. TRUSTEE DISCRETION TO DISTRIBUTE PRINCIPAL AND INCOME. If any trust created under the provisions of this Will authorizes my Trustees to pay income or principal or both to any one or more persons in a specified class, my Trustees are authorized to pay any part or all of such income or principal to any one member of such class to the exclusion of all of the others, or to some members of the class to the exclusion of others, and in such amounts or shares, equal or unequal, and at such time or times, as they, in their sole discretion, deem advisable. SECTION VI. Should the principal of any trust in my Will become too small, or should its administration be or become impractical for any reason, so as to make continuance of the trust inadvisable, in my Trustee's sole discretion, my Trustee may make immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the remainder beneficiary or beneficiaries of such trust or trusts determined as if the trust had otherwise terminated at that time. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income or remainder beneficiary shall cease. If any beneficiary to receive distribution is a minor or disabled in any way, Trustee may pay such share to the pazent, guardian, or person oz organization taking care of that beneficiary, or may deposit such share in that beneficiary's name in a savings account in any financial institution, including a savings account operated by the Trustee, payable to the beneficiary at the termination of legal incapacity. B. TAR PROVISIONS SECTION VII. I give my Executors authority to distribute assets in kind to Part I and Part II of my residuary estate, but the values used for distribution in kind shall be determined as of the dates of distribution so that each Part shares proportionately in appreciation and depreciation of assets and in the income thereof equitably and ratably in proportion to the respective percentage interest of each of the two Parts. Only assets which qualify for the marital deduction shall be distributed to Part I. Subject to the foregoing, my Executors shall have absolute discretion in selecting the propezty to be allocated to Part I. SECTION VIII. It is my intention that the arrangements of Part I for my spouse shall qualify for the marital deduction, and neither my Executors nor my Trustees shall have any authority or discretion which would in any manner disqualify my estate or any trust or trusts herein from securing such a deduction. It is also my intention that the remaining trust principal of Part II shall be excluded from my spouse's estate upon my spouse's death. Notwithstanding any provision to the contrary in this Will, none of the powers or rights or discretions granted in any provision of my Will to the Trustees and the trust beneficiaries shall be permitted to be exercised in a manner that would cause the trust principal of Part II to be included in my spouse's estate. SECTION IR. I direct my Executors to pay or otherwise satisfy out of Part II all debts, administration expenses, general legacies, and all estate, -2- succession, inheritance, transfer, and other death taxes and duties which shall be levied or assessed in respect of my death whether or not imposed in respect of property passing under my Will and imposed by any governmental authority, domestic or foreign. However, no property which would be otherwise exempt from federal estate or state death taxes shall be used to make any payments under this Section. SECTION A. In accordance with the Tax Reform Act of 1976, the Revenue Act of 1978, the Economic Recovery Tax Act of 1981, and the Tax Reform Act of 1984 and their supplements and amendments, I intend that those sections of my Will which relate to tax planning be interpreted by reference to the following: A. If any tax or other advantages are available to my estate and my heirs as a result of future changes to the federal or state tax laws, I intend that this Will be interpreted in such a way that all tax advantages will be used in my estate and by the fiduciaries who work with my estate and any trusts created in this Will. B. If the marital deduction is available in my estate, then it is my intention to make use of the marital deduction in such a way that the death taxes paid by my estate and later by the estate of my surviving spouse are kep*_ to a minimum. C. If my death should occur after other changes are made in the tax laws and if, as a result of those changes, larger deductions and credits are available, I direct that my Will be interpreted as if I had written a new Will to take advantage of the most current deductions and credits permitted by state and federal tax laws. C. MANAGEMENT PROVISIONS SECTION RI. GENERAL ERECUTOR AND TRUSTEE POWERS. In extension and not in limitation of the powers given them by law or other provisions of this Will, my Executors and Trustees shall have the following powers, applicable to all property held by them, in each case to be exercised from time to time in their discretion, without court order and until actual distribution: A. To retain any property or any undivided interest therein, regardless of any lack of diversification, risk, or nonproductivity and without being limited by any statute or rule of law concerning investments by fiduciaries; B. To invest and reinvest in any property or undivided interests therein, without being limited by any statute or rule of law concerning investments by fiduciaries; C. To sell any property, for cash or on credit, at public or private sale; to exchange any property for other property; to grant options to sell or to purchase or acquire any property; and to determine the prices and terms of sales, exchanges, and options; -3- D. To execute leases and subleases, even though such leases may extend beyond the settlement of the estate or the termination of the trust; E. To borrow money and to mortgage or pledge any estate or trust property; F. To take any action with respect to conserving or realizing upon the value of any property and with respect to foreclosures, reorganizations, or other changes affecting the estate or trust property; to collect, pay, contest, compromise, or abandon demands of or against the estate or trust, wherever situated; and to execute contracts, notes, conveyances, and other instruments, including instruments containing covenants and warranties binding upon and creating a charge against the estate or trust; and containing provisions without disclosure of any fiduciary relationship; G. To employ agents, attorneys, auditors, depositaries, and proxies, with or without discretionary powers and to remunerate them and pay their expenses; H. To determine the manner of ascertainment of income and principal and the apportionment between income and principal of all receipts and disbursements, and to select an annual accounting period; I. To receive additional property from any source and add it to and commingle it with the estate or the trust; J. To enter into any transaction authorized by this section with Trustees or legal representatives of any other trust or estate in which any beneficiary hereunder has any beneficial interest, even though any such Trustee or legal representative is also Trustee hereunder; K. To make any distribution or division of the estate and trust property in cash or in kind oz both and to allot different kinds of disproportionate shares of property or undivided interests in property among the beneficiaries or portions, and to determine the value of any such property; and to continue to exercise any powers and discretion herein given for a reasonable period after the termination of the trust, but only for so long as no rule of law relating to perpetuity would be violated; L. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such periods as they may deem advisable and with power to borrow money and pledge the assets of the business and do all other acts which I, in my lifetime, could have done or to delegate such powers to any partner, manager, or employee, without liability for any loss occurring herein; M. To organize a corporation or corporations without leave of Court, to carry on any business in which I am engaged or in which I have an interest at the time of my death, by themselves oz with others, and to contribute ell or part of the assets of such business as capital to such corporations and accept stock in the corporations in exchange therefor; -4- N. To hold property of separate trusts in common investments for convenience of investment or administration; O. To determine whether to claim deductions available to me or to my estate on estate tax or on income tax returns, and to determine whether to use date of death or alternate valuation date values for estate tax purposes, in such manner as they consider advisable and without making any adjustment between income and principal or among beneficiaries due to any such determination; v T~ ~iae7aim interests in property. -S-