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Home My WebLink About07-29-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARY L • MARLOWE File Number ~ ~ ~ ~ ` - ~~~ also known as M ,Deceased Social Security Number 157-26-2566 Petitioner(s), who is/are ] 8 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTOR named in the last Will of the Decedent dated 5 / 2 6 / 2 011 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): B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente liter durante absentia; durance 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 heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Resid -- 'r't C~ r-rt -rte. ~ ~ t\.~ ~ ~, -. r n _.t._ lD .: J ... . -t r'~Tr•~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. a __ `-~ x Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 2 7 C R E E K BANK DRIVE MECHANICSBURG PA 17050 SILVER SPRING TOWNSHIP (List street address, town city, township, county, state, zip code) Decedent, then 7 4 years of age, died on 7 / 21 / 2 011 at >? 7 CREEK BANK D R I V E MECHANICSBURG SILVER SPRING PA 17050 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ rJ l~U . ~ ~5c3_ ~%-_ (If not domiciled in PA) Personal property in Pennsylvania $ ([f not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 218 , 0 2 7.0 0 27 Creek Bank Drive, Mechanicsburg, PA 17050 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 ~ ~ ~ MICHAEL E• MARLOWE 239 STONE HEAD ROAD R~ PA 17^19 _ ` Page 1 of 2 Form RW-02 rev. !0.!3.06 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 affirined and subscribed before me the C~ day of .l ,~~~~I '' i V V~~cr~ Signature of Personal Representative ~= Signature of Personal Representative z:~~~ ~ -7rn N For the Register Signature of Personal Representative ' r,7 X -° ' '- --~ C3 ~ :r_~ _ i'_~ _. W --~ ~- File Number: Estate of MARY L • MARL 0 W E ,Deceased Social Security Number: X57-26-2566 Date of Death: 7/21/2011 AND NOW, ~ `1 ~ ~ r~-~`~-l , 2011 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters T E S T A M E N T A R Y are hereby granted to MICHAEL E • MARL 0 W E in the above estate and that the instrument(s) dated MAY 2 6 , 2 011 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~^ 1 Letters ............................. $ l Short Certificate(s) ............ $ y t Renunciation(s) •••••••••..•.... $ r ~ .... $ .... $ ~~G TOTAL ...................... Form RW-02 rev. I0.13.06 .... $ .... $ .... $ .... $ .... $ .... $ .... $ I Register of W ~ /(~1 r ~~~.~" ~ l~(.~~ ~•~~• ~-f ~ ~~ ` C i ~`z"--------- Attorney Signature: Attorney Name: SUSAN H• CONFAIR Supreme Court I.D. No.: 70241 Address: 2331 MARKET STREET CAMP HILL PA 17011 Telephone: 717 - 7 6 3 -13 8 3 Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photastat o~ photograpl°(. Fec fr~r this. certificate. ~(1_I?(1 Certification Number TLis i~ tft i.~erl(f~ ;!i-~t tii~ ~nftx~mnU~m herL~ «i~cll i, Lnrrclly rf+l~+ieel I t"n', .u) ur,~rinal Certificate' cif Death t.l~i~~ film ~r,it'i it!~ ~.~• I.tf~-jl R.L~t~i~h-r'r. ~I~h,° /~ri~in,li Cc-lt;iC~il~ ';~i ,,r_ ;tr~'.i,lrelC~l by (i?;' SCalc' ViCtl (Z,~~nfl~ti (ifl,c:` -., '...')`Y1111:.I1t (II([l'_'. -.'- ~~t~~~~ci~x~.1 u L 2 s12 o f t 1_r•~ca( 12c1~jtiir~~ir Date I~~sucti -~ n ` '~ C r? i~7 ~ it r' ;- "' ~ - t -- = ,. ~ /~ _T7 ;; \ ~ j ~ ~ ~ ~ - •r-7 ~7 -~ _._ - ;-r-t ~ D .~ ~ Q '~'~ ~. R105.144 REV 11/2006 TYPE/PflINr IN PERMANENT BLACK INK 1133-071 rn a~ r~ 0 U G' V (u n COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See Instructions and examples on reverse) siaTE FILE NuMaER 1. Name of Decedent IFIrM, midde, last, suffix) 2. Sex 3 Social Becunty Number 4. Dale of Deatn (Monty, day, year) Mar L Marlowe Female 157 - 26- 2566 Jul 21, 2011 5. Aga (Last Birthtlay) Under 1 year UrNer t day 6. Date d Dirty (Month, day, year) 7. BlrNplaca (CIN and stale Or brepn coumry) 6e. Place al Deets (Check only one) Mourns Wy. Iwurs Mi~wles Hospital: Other 74 Yrs. August 11, 1936 Brooklyn N.Y. ^lrrpafiem ^ERl Oulpatienl ^DOA ^Nurang Horne Reskknce ^Olher~Specdy: Sb. Camry of Death Bc. Clry, Born wp of Death Btl. Fadlity Name (II nd indmaork give street and number) 9. Was Decadent of Hispank Origin? ~ ^ Vas 10. Race: Amerkan radian, Black, White, etc. (rc yes. ept,Cry cubes, (sp«.M Cumberland Silver Spring 27 Creek Bank Drive Mexicen,PuanoRiran,etc.J White 11. OecedenYS Usua Ocou lion Kind of wuk d one ml' most of life. Do not stele reared 12. Was Decedent ever in the 13. Decedent's Edl atbn (Specify ody highest grade canp leled) 14. Medal SIeNS: Marred, Navar Married 75. Surviving Spo use (II wife, give maitlen name) Knd d Work Kind d Busbress / Irlmalry U.B. Armed Forces? Elementary / Secontlary (o-12) College (13 or 5a) WN~• Drrorcetl (Speclly) Secretar Retail Sales ^Y~ ~ 12 rs idow Is. Decadence Maikng address Isreet aN / town, stare, dp toes; Deredenra Did Decedem ' 2 7 Creek Rank Drive Adaal Reeiderce na. site p a _ cMe Ina ,7r. ($ Yea, Decedent wed N n wp. Mechanicsburg PA 17050 Townsnip? 17d. ^ No, Decedent wed wihin 17b.cpenly Cumberland , adaalDmaad cirylBrm I6. FamerS Name (First, mkWk, last, suNx) 19. Mdher's Name (Rrsl, mitltlla, maiden surname) Jose h Mil zz 20a. Informant's Name (Type ! PnnQ 200. Informant's Mailing Address (Street, cdY I town, state, zq cotle) Michael F. Marlowe 2 Ston Head Road Dillsbur PA 17019 21 a. Method of Disposition emation ^ Donation 21b. Dale d Dispositon (Month, day, year) 21 c. Place of Disposkbn (Name of cemetery, crematory or doer place) 27d. Location (Cdy /town, slate, zip catle) ^ a^ RerrovafrwnSlale i~.~ ~ °i °°ic~~"~d l 27 PA 170 Holly Spgs Mt Hollin er FH/Crematory lac ^ E an r K]vaa^No y Ju 2011 . . . g w 22e. d Furrerel Servx:a Lken ace urn) 2zb. upanse Nambx 2n. Name am adtlreaa d Fadlity 5 01 N . B a 1 t i coo r e Ave . - - Fn-011932-L 'n m to nc 'n PA 17065 ems 23ac onty when cedrying 23a. To era Dent knowletlge, death occurted at Ne Mle, date aM place staled. (Sgnalure antl IiBe) 23b. License Number 23c. Dale Signed (Month, day, year) pnye~ ian is na a.awade at aura of tleaN m zanily cause d deaN. Items 24-2fi must Oe cmpleted W parson 24. Tama of Death 25. Dale Pmrounced Deetl IMomh, day, year) 26. Was Case Relerted to Metkcel Examiner 7 Coroner for a Reason Other Nan Cremetbn or Donation? wfplx0nancesdeaN. A rx. 7:00 A. M. Jul 22 2011 Y85 ^"° CAUSE OF DEATH (See Inatruetions and eaampba) r Approx mete interval: Pan II'. Enter o1Mr s'ori ficanl rontlit'ons coninbuend to tleath, 2B. Did ToDaao Use Can bde N OeaN? Item 27. Pan I: Enter the Chan d events -diseases, Inryrias, or canpliralans -Nat Arecdy ceusetl Ne deaN. DO NOT enter terminal events such as rardlac anesl, Onset to DeaN but not resuking In the undedylrg cause given N Pan I. ^ Yes ^ Prabady respiratory anesl, or venNCUlar fi0r91ation without showing Ne etiology. Lill Dory me cause on each line. ^ N ^ U k o n rlow n IMMEDIATE CAUSE (Final disease or condition resulting in eth) _~ Hypertensive Cardiovascular Disease a Hyperlipidemia 29. II Female ' ^ Due to (or as a consequerww off: Sequangeay kel wndidas, it anY, b. laaein to cause ksmd on Br a H ~ yPertens ian Not pregnant wahin past year ^ Pregnant al Bore pf deaN re . gg Enter Ne UNDERLYING CAUSE Due to (or as a consequence of): ^ Nd pregnant but pregnant within 42 days (66aeae of Injury N01 ktilietetl the events resulting m death) lA6T' c of tleaN Due to (or as a can sequence oq: Nd t pragren ys a Year ^ pregnen , bN t 13 tla I 1 d before deaN ^ lMknown if pregnant within Ne pall year 30a. Wes en AMapry 30b. Ware Aulapsy Fndngs 31. Manner d DeaN 32a. Date of Injury (Monty, day, year) 320. Desaiba How Injury Occurretl 32c Place d Injury: Florae, Farm, Sreri, Factory, Pedamxrtl? Availede Prior to Comoletron of cause M Deem? ~ Natural ^ Homkitle Office Buikeng, etc. (Spedty) ~~µyy,, ^ Yes ~ No ^ Vas ^ No ^ Accident ^ PeMing Invesligalan 32d. time of Injury 32e. Injury al Work? 32f. a Trenepalstion Injury lSpedyy) 32g. Localbn of Injury (Street, city I town, stale) ^ Suipde ^ Cwltl Not be Detenninetl ^ Yes ^ No ^ Driver! Operator ^ Paasergar ^Patlestrien M ^Olfrer-Specify. 33a. Canifier (check only one) 330. Sir,~aN T of Ce • Cerlitying physician (Phyvcian cenilying cause d deaN wtlen another physician has pronounced deals aM oomplaled Item 23) To the heal of my knowledge, asth ocpnrred eve to me ~M.etal arw menu.ra:aleterL--------------------------------^ - Chief De ut Coroner • Pnxlamdnp end certlrying physkkn IPhvsldan hoN Drarwlmdng deem eM cBndYkr9 to cause d Beam) 33c. Incense Number 33e. Date Signetl IManih, Bey, year) To Its Eert of my knOwbtlge, tleelh oaumetl a the lime, derv, end place, antl tlua to die twe(e) and manner as slated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • MedkalExeminar/Coroner Jul 25 2011 on the Ireele of exeminatbn ens / or Nveatlgatbn, in my opinion, Beam earMnw et me time, one, acct place, end ew ro the rsuega) ens mennx .: at•tea_ ~ ~ N d P lad cause pl ~a~~~iew S~ r~ner L~i~le~7)I~ u~ Coroner ~.~~~ 3fi. Registrar - tore and C 36. ate Rletl (Month, day, yeap . , y p 6375 Basehore Road, Suite 111 - Z}`, ~Q~•c~~e~ ~ c~ I ~ I~" I ~ I(S I ~ Mechanicsburg, Pa. 17050 5 Disposition Pemlit NO. ~~) 10i~~ i l(s~ U:ALifePlanPortfolio\Clients~lVlarlowe, Mary L\Will.doc April 25, 2011 LAST WILL AND TESTAMENT ~., ~.? r MARY L. MARLOWE ~? ~ m n~ `~'~ ~_ . ~-' ~ O ern. ' i I, MARY L. MARLOWE of Mechanicsburg, Cumberland County, Penn~Ivania, being ~ o sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore made. 1. FAMILY. 1.1 Identification of Family. I declare that I have two (2) children whose names are MICHAEL E. MARLOWE and MARK J. MARLOWE. I purposely make no provisions in this Will for my son, Mark J. Marlowe. 2. DESCRIPTION OF EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of (1) my cremation; (2) a memorial service, at the discretion of MICHAEL E. MARLOWE; (3) the internment of my cremains, or the disposition of my cremains, will be handled by my son, MICHAEL E. MARLOWE, at his sole discretion. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible personal property of every kind and description, including, but not limited to, books, pictures, clothing, articles of household or personal use or adornment, household furnishings and effects, and automotive vehicles and their accessories, but excluding any money, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of any trade or business, and not otherwise disposed of herein, to my son, MICHAEL E. MARLOWE. I purposely make no provisions in this Will for my son, Mark J. Marlowe. I direct my Executor to divide my tangible personal property into two parts. The first part shall contain all items that my Executor determines to be of no present or future value or use. The second part shall contain the balance of the property. My Executor shall dispose of the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be added to my residuary estate. All property in the second part I give to MICHAEL E. MARLOWE, per stirpes. The decision of my Executor shall be conclusive and binding on all persons interested in my estate. I purposely make no provisions in this Will for my son, Mark J. Marlowe. ~~~ _ MARY L. M.1RL~WE U:\LifePlanPortfolio\Clients\Marlowe, Mary L\Will.doc Apri125, 2011 Any item of personalty passing to a minor under this Section 3.2 may be delivered to the minor or to any person to hold for the minor, as my Executor thinks advisable, and the receipt by any such persons, including the minor, shall constitute a full and complete discharge to my Executor. 4. DISPOSITION OF RESIDUARY ESTATE. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to MICHAEL E. MARLOWE; PROVIDED THAT, if MICHAEL E. MARLOWE shall predecease me leaving issue, then I leave the share of that deceased child to his issue, per stirpes. I purposely make no provisions in this Will for my son, Mark J. Marlowe. 5. SEPARATE TRUSTS FOR CHILDREN. If my Trustee shall receive any amount on behalf of a grandchild of mine pursuant to the provisions of Article 3 of this Will, I direct my Trustee to hold the amount received in a separate trust, and to administer and distribute that child's trust in the following manner: 5.1 Until such child shall reach the age of twenty-five (25), my Trustee shall hold the property so vested in said grandchildren, in a fund for the benefit, education and support of said grandchildren; 5.2 I authorize my Trustee to pay or apply principal of the trust, at any time, to or for the benefit of such child, even to the point of exhausting trust principal, in such amounts as my Trustee, in its absolute discretion, deems necessary or advisable to provide for the education of such child. For example, but not by way of limitation, my Trustee's power of authority to make discretionary payments may include expenditures customarily related to assist in elementary or secondary education; post-secondary technical or vocational training; college; postgraduate, and professional study; purchasing a primary residence, to assist in purchasing a business, or to assist in entering a trade or profession. In determining the amount of principal to be distributed, my trustee shall take into consideration any other resources available to such child. 5.3 Upon the youngest grandchild reaching the age of twenty-five (25), the trust for such child shall terminate and my trustee shall distribute to such child all of the trust assets remaining on hand. 5.4 If a grandchild of mine dies before reaching age twenty-five (25), and is survived by a sibling, then the termination date of a trust created herein will be when the youngest surviving beneficiary of such trust attains the age of twenty-five (25). 6. TRUSTEE'S JUDGMENT FINAL. The judgment of the Trustee as to the amount of payments or applications of principal or income pursuant to Article 6 shall be final and conclusive on all persons interested, or who may become interested, in the trust estate. On making any payments or applications of principal, the Trustee shall be fully released and discharged from all further liability or accountability. 2 ~' ~ ~.~-3 MARY L. MAR OWE U:ALifePlanPortfolio\Clients~Ivtarlowe, Mary L\Will.doc Apri125, 2011• 7. SPENDTHRIFT PROVISIONS. No beneficiary of this trust shall have any right or power to sell, assign, convey, mortgage, pledge, anticipate, hypothecate, or otherwise dispose of any right, title, or interest that the beneficiary may acquire in the income or principal of the trust estate until the income or principal has actually been paid over to the beneficiary by the Trustee. Nor shall the income or principal of the trust estate, or any part of it, or any interest of any beneficiary under this Will be liable for, or to any extent subject to, any debts of any kind or nature incurred or contracted by any beneficiary, either before or after my death. Any right granted to a beneficiary to receive or withdraw assets of the trust estate, either principal or income, for the beneficiary's own use and benefit shall not be available for the satisfaction of any claims of the creditors of the beneficiary. Any right of receipt or withdrawal shall be suspended and may not be exercised by any beneficiary on the filing of a proceeding in bankruptcy in which the beneficiary is debtor. The suspension shall be continued during bankruptcy proceedings and shall be restored only after the entry of a final order of discharge of the beneficiary as debtor. 8. POWERS OF ADMINISTRATION. 8.1 Grant of Powers. My executor, in the administration of my estate, and my trustee, in the administration of the trust under this Will, (my "fiduciaries") shall have the powers and authorities set forth in this Article 9. These powers and authorities may be exercised by my executor and trustee in their sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to those conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 8.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate or trust, however received and acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately large amount of the value of my estate invested in one type of property. 8.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or into the trust corpus at or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 8.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate or in the trust corpus in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments are not of the character or proportions authorized by applicable law for the investment of the funds. 3 t MARY L. MAR OWE U:\LifePlanPortfolio\Clients\Marlowe, Mary L\Will.doc April ~5, 2011 8.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate or in the trust corpus to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 8.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in bearer form. 8.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 8.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in any one or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 8.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my estate or the trust corpus may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers, or employees of any business, to be compensated without regard to being a fiduciary under this Will; and (3) the power to make any other arrangements in regard to any business as my fiduciaries shall deem proper. 8.10 Employment of Agents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 4 `~ _ ~__ MARY L. M WE U:\LifePlanPortfolio\Clients\Marlowe, Mary L\Will.doc Apri125, 2011 8.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate or of the trust without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 8.12 Third Party Reliance. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. 8.13 Allocation of Principal and Income. To allocate receipts and expenses to principal or income, or partly to each, as my Trustee thinks proper. 9. PAYMENT OF DEATH TAXES. I direct that all taxes that maybe assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid, without apportionment, from my residuary estate as part of the expenses of the administration of my estate. 10. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, a person shall not be deemed to have survived me or another person if he or she dies within thirty (30) days of my death or of the death of the other person. 11. APPOINTMENT OF GUARDIAN FOR MINORS. I appoint SUSAN:: MARLOWE, as Guardian of the person and estate of my grandchildren, that they may be adequately cared for in the proper environment. 12. APPOINTMENT OF TRUSTEE. 12.1 Appointment. I name, constitute, and appoint MICHAEL E. MARLOWE as the trustee of any trust under Article 5 of this Will. If the trustee shall not serve as trustee for any reason or shall cease to serve as trustee for any reason, then his successor trustee shall be CARL JAECKEL. 12.2 Resignation of Trustee. Any individual trustee may resign from the position of trustee by executing a written resignation and delivering it to the successor trustee. The date of the delivery of the resignation shall be the effective date of the resignation. No court action or other proceeding shall be necessary for the resignation of an individual trustee. 12.3 Disqualification of Trustee. A person shall be disqualified from acting as a trustee (1) if found by a court of competent jurisdiction to be incompetent; or (2) if, on receipt of a written request from an adult beneficiary, guardian or a successor trustee of the trust for a written certification from a qualified physician that upon examination the physician finds the person 5 MARY L. M LOWE U:ALifePlanPortfolio\Clients~lvlarlowe, Mary L\Will.doc April 25, 2011 mentally or physically capable of properly handling his/her business affairs, the person does not obtain a written certification within thirty days after receipt of the request. 12.4 No Bond Required. No bond shall be required of any trustee or successor trustee named in this Will. 12.5 Rights of Successor Trustee. Every title, estate, right, authority and discretion vested in or conferred on any initial trustee under this Will shall likewise become and be vested in and may be exercised by any successor trustee. 12.6 Trustee's Fees: My trustee shall be entitled to a reasonable and customary fee for serving in said capacity. 13. EXECUTOR. I name, constitute and appoint MICHAEL E. MARLOWE, executor of my estate. If MICHAEL E. MARLOWE shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment, then I appoint CARL JAECKEL, to act as successor executor in his place. 14. LIABILITY OF EXECUTOR AND TRUSTEE. My Executor and Trustee shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the Executor or Trustee. My Executor or Trustee may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will or any trusts created hereunder, particularly with respect to the appointments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. 15. RULE AGAINST PERPETUITIES. Notwithstanding anything in this Will to the contrary, I direct that no trust created hereunder shall continue for a period longer than permissible under my domiciliary state's Rule Against Perpetuities, if applicable, and upon the expiration of such period, each such trust shall terminate and the assets thereof shall be distributed outright to those persons then in being who would be entitled to receive the trust principal from that trust at the time of the termination specified. 16. INTERPRETATION. 16.1 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and. the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. 16.2 Headings. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 6 ~-t_,- MARY L. M RLOWE U:ALifePlanPortfolio\Clients~lvlarlowe, Mary L\Will.doc April 25, 2011 16.3 Bond Not Required. None of the fiduciaries named in this Will shall be required to furnish a bond for the faithful performance of his/her duties as Executor or Trustee. 16.4 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of eight (8) typewritten pages which bear my signature in the margin for the purpose of identification, this day of May, 2011. MARY L. MA OWE, Testatrix Signed, sealed, published and declared by the above-named Testatrix, MARY L. MARLOWE, as and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. /L-l' Witne lM ~ 'CI "~ Witness 2331 Market Street, Camp Hill, PA 17011 Address 2331 Market Street, Camp Hill, PA 17011 Address MARY L. M WE ~- U:\LifePlanPortfolio\Clients\Marlowe, Mary L\Will.doc April 25, 2011 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND I, MARY L. MARLOWE, TESTATRIX, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY MARY L. MARLOWE, THE TESTATRIX, THIS ~ DAY OF MAY, 2011. COMMONWEALTH OF PENNSYLVANIA ~Noprlal Seal public Deborah L. Brenneman, Notary Camp Hill Boro, Cumberland County My Commission Expires June 18, 2014 Member, Pennsvivania Association of Notaries COMMONWEALTH OF PENNSYLVANIA MAR RLOWE, TESTATRIX ARY PUBLIC SS: COUNTY OF CUMBERLAND WE, 1~ ~ ~ t lS~~ AND C,O~Y~L W In t T~`K~~- THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAIDTESTATRD~ SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS ~ DAY OF MAY, 2011. COMMONWEALTH OF PENNSYLVANIA Notarial Seal public Deborah L. Brenneman, Notary Camp Hill Boro, Cumberland County My Commission Expires June IS, 2014 Member, Pennsvi`ranla Association of Notaries l-~~--- WITN S TARY PUBLIC 'Y~ Z. MARY L. ARLOWE