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HomeMy WebLinkAbout09-26-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Gloria J Smith also known as COUNTY, PENNSYLVANIA File Number 21 - 11 - C~'~jL, ,Deceased Social Security Number 124-34-1376 Dawn Arcati Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `8' BELOW.) ^x 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 07/21/2010 and codicil(s) dated (State relevant circumstances, e.g., enunciation, 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 and was never adjudicated an incapacitated person: B. Grant of Letters of Administration app ica e, en er c..a.; .n.c..a.; pe en e r e; uran e a sen ra; uran a moron a e Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (/f Administration, c. t.a. or d. b.n.c. t. a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence O __ _. _, "'1:, , ~' ~.~ i7 ~ r~' 1 J A~ ~} rn <-- ~o h.: (COMPLETE IN ALL CASES.) Attach additional sheets if necessary. _^~ - --- rT' --t Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residen~at --~- ~~ r 584 Brighton Place, Mechanicsburg, PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then g7 years of age, died on 07/19/2011 at 584 Brighton Place, Mechanicsburg, PA 17055 Decedent at death owned property with estimated values as follows: (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 $ 149,900.00 situated as follows: 584 Brighton Place Mechanicsburg, PA 17055 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 Dawn Arcati 154 Martel Circle Dillsburg, PA 17019 Form KBV. 70-73-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 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 affirmed and subscribed before me this ~ day of ~ ` ~~ ~l, ~. ~` L~ For Register 21 -11 - File Number: Representative --, G " ~~~ ~ :.:~ ~ ~n _ j ~.. _. -r, Estate of Gloria J Smith Social Security Number: 124-34-1376 AND NOW, ~ ~ having been presented bef a me, IT S DECREED that Letters Date of Death: 07/19/2011 ,Deceased ~+ x=~* r- ~~% f'~ , in consideration of the foregoing Petition, satisfactory proof Testamentary are hereby granted to Dawn Arcati in the above estate and that the instrument(s) dated 07/21/2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. _ FEES Letters...........=~ ........................... $ ~UJL' - L'( J Short Certificate(s)........-~~ .............. $ ~ ~ ~ ~!~~ Renunciation(s) ............................. $ n $ $ $ $ $ $ TOTAL .................................... $ ~/ ~. ~~ Signature of Personal Representative _..- ~_~ ~~;n r~ U i~i, -~; ___"' r - _ Att Supreme Court I.D. No.: 75020 Ball, Murren & Connell Address: 2303 Market Street Camp Hill, PA 17011 Telephone: 717/232-8731 Form RW-O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Att~mey name. I hOmaS A Dapper OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplica#e this copy by photostat or photograph. Fey ri~r this ~c,titr~a,~. 5(~.O(} ;~~NC1Fp;~ ~11i> .s fr .t ti,(i t~~ llSun 1 tl /~; 1 ! ~r ~~r~ r 11p+~~,Q`~ ~~~ ~ ° ~ ; ~.. s 1t111tCii~ ~U~);I. ;. ,14 ;i11 l i l .)i' ~ .1,.a [tt. Ill )~t,1(1~ ~ , ~ ~~' ~ GIs I dui file el ~~ (t!~ tieltlllc';Ilc °.~rl Kc (,;d~ t)tfl ~ ,~s ! Il~~~ R i ~! ,!. the c1!lrrln.f. 16))N IpC)l'~I l !~r_ ~t:tie' lii~: ~ ~)c ~l ~ncl,t ~ J:r s * ) * , ~ t ? .I,. ~ P 17644420 + ._ I`o~~~~, _ ~~~`'~~~ ''` ~4 6r ~ 1. ~~ i~`ertlflcauor ~~ul~~ber ~'"~-- .-~ 1 ~)~~al Rc~rltit,:).~ L~.I L _,.u~d :7 _ _ ~~ a ~ ~~ : X:t ;-T-t _ i T~) 7 ~ ~ "~ ^ j - ~. m ;~~° -;,_ : ~- .~: ~~~ c --r-, .~-- Hmsta3 REV nnlw6 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE I PRIPlr IN PERMaNENT CERTIFICATE OF DEATH BucK INK (See instructions and examples on reverse) STATE FILE NUMBER t. Name},Deretlent (First, midda, last, suffix) 2. Sex 3. Social Security Nundar a. Date of Deam (Monet, day, yearj 5 Age (Lag &rmoay) Under t ar UMer t da 6. Date of BiM Monet, da , ar) 7. &M a C and gate w fora n man Ba. Place d Deam Check one -7 'yc+ Yra. Mwahs Days Hours Minuses ({ ~ - ~ _ ~ ~ x HOSpiiel'. ^ InpatkM ^ ER I Outpatient ^ DOA Other'. ^ Nursing Honse~ Residence ^ Omer - $peply. Bb. County of Deam & Coy Boro, Twp. of Deam / Z(. ~ Bd. Fadiry Name (II nor Insfiturgn, gore SVeer and nrxnber) ~ g. Was Decedent of Hispan[ Ongn? No ^ Yes of yea. weriy swan, rp. Race' American Indan, Black, White, ek (sPa~rM ) / / iJ •~ y (r `+ / ~~ ~ L- G~ ~ { {~~ ~ ` l } 5 p-{ t'U~+YI ~ 1 Q C~~ Mexkan Puerto Rican ek ) 17Y j ~ (~I ~ - , . . 1 ^ t t Decedent's Usual Oct Lion Kintl d work dme d u' most d wdd I'rfe. Do not state reriretl t2. Was Decedent ever in [he t 3. Decedent's Edw2tion (Spedly mry highest grade comp leted, 14. Ma1i181 Status Martad, Never MartieQ 15. Survmrg Spo use (IS wife. give mad en names Kind d Work Kmd of Bugness/Industry U.S. Armed Forces? Elemenury /Secondary (0.12) College (11 w 6+) WKlowed, Divorced (Speedy) ` ^ Yea ~ Na d t~,~d. i t6 Decedents Maikrg Address (Street, city/town, state, zip code) Decetlent's !7A Did Decedent r e Stale r/1 Live in a 17t Adual Residence 17a ~ V t li d i `~'n(~Y !7 IP D d l 58`1 B~ t.#~,., Pl. ~ . . es, en ve ece n Twp. -n Township? w.baa-le~>~ 17tl ^ No Decedem Lrvetl wimin A r ~ I ' ~ . , 176. County AcWal limi6 d City l Bono 1 S. Farhels Name (FIr56 middle, last, suffix) 19. Homer's Name (First, midda, maiden surname) I r~ ~%~(~~,., ~`~""a41 20a Informant's Name (Type /Print) 2(lb. Infomant's Mailing Address (Street, city /town, gate, zp code) - kw tSy tpi C.ivr~ - ; It w~ I ~ ~ 21 a. Method of Disposition ~Cremakon ^ ~agce 21 b. Date d Disposition (Monet, day, year) 2tc. Place of Dlspagtian (Name of cemeary, crematory or other pace) ~ tl. LOCatim (City /town, state. np code) ^ Burial ^ Removal born State i Wu Crematan or Duration Autlwdxd ^ Other. S I by Med'¢sl Examirer/COraar7 ^ Ves^ No I ~ ~ ~ C ht i 7r~J 7 22a. Sign areal (o rson a ' as such) 22b. License Number 22c. Name antl Adtlress of iMy -.. Fno13~d-I ~ ~ ;mss A i~a Compare isms 23a~c any wren certifying phyudan a not avadade at L'ma of deem to the best d my Knowledge m olxurred at me tirta, date aM p gatetl. (Signaure title) ~ce 23D. L'Iranse Number 2 .Date Signed IMmm. day, year) aertily iau=e of deem. ~.- ~ ~ N _ ~ -- - ..~:, farts 24-26 mull be compared by person 24. Time d Deam 26. Daa Pronounced Deatl (Monet, day, year) 26. Was Case Referted m Medical Examiner I Coroner for a Reason Omer man Cremation or Donation? who prarlouncea seam. I ~-~" M ~ I ~ ^ vas ~ No : C . . ~ ~,; CAUSE OF DEATH (See Instructions and ex mples) ' ~ Approximate interval: Part II: Enter usher giaxfkant mditions aantnbieinn to Eaatn 28. Dq Tobaxo Use CmtribNe to Ceam? Item 27. Pan t. Enter Ifs than devents - dseases, injuries, a conplMations ~ that drecdy caused me loam. DO NOT enter terminal events such az wrtliac arrest, Onset ro Oeam but not resulting a the underlying cause given in Pan I. ^ Ves ^ Prooaoy respiretory arrest, or ventricWar Hbriaa[ion wMad sfwvdng me etidogy. List orsiY ass cause on each line. ^ No ^ Unknmw n IMMEDIATE CAUSE (Final disease or ~ r~~ ~ condaan revelling m deem) ~ V a. 29, H Female'. ^ N t hi Dee m (w as a aw~eguen<e on: pregnant w o n past year ^ Pregant at Ume of dean $¢q~antrall1yy list conditions, d any, b ' ^ lead (ng to dte use fated on One a. Due to (a as a Emer tla UNDERLYING CAUSE cence9~a oQ: Nol pregnant, but pregnant wiltrn 42 days d Deam (tlisease w injury that initiated me a evens resultin in deem) UST ^ g . Due ro (w as a m nsequence off: Nd Dregnant bus pregnant 83 days l0 1 year d_ before deem ^ Unktwwn a re irh m m p ga w n e past year 30a. Was an Autopsy 30b. Were Autopsy Findkrgs 31. Manner d Deam 32a. Date at Injury (Monet, day, year) 32u. Describe How Injury Ocarretl 32c. Place d Injury. Flans, Farm, Street, Factory, Performed'! Available Pear ra Cwnplerion ®N r l ^ H i itl Office Bltilding, eN. ISpeaq) of Cause d Deam? a ura an e c ^ Yes ~ No ^ Yes ~No ^ Accident ^ Pentla9lnvesrigatim 32d. Tore of Injury 32e. Injury al Work? 3N. II Transportation Injury (Speciy) 32g. Lowtbn of inN^J (Street city I town, gate) ^ Sukdtle ^ Cad Not be Delertnined ^ Yes ^ No ^ Omar/operamr ^ Pass anger ^ Pedesman M ^ Deter. spac;M~ 33a. Certifar Icheak Dory one) 330. Signature an Cenifie (/) • Certifying physician (Physkian cenitydg cause o1 deem wben arx,mer phygdan has pronauwstl deem and cmwaretl lam 23) To tlr beat of my knowlalge, death occurrod due to the Wuae(s) and manner as slated - - - - - - - - - - - -- - - -' - -- - - - -- - -- - - - -- ^ , W • Prawuncing aM certdying physician (Physkaan bum pronaunwg dean and certiyng a cause d deem) 33c. License Number 33tl. Date Signed (Monet, day, year) To me bestdmy Knowledge, deem oaMrred et the dme,Bare. antl place, and dl»md,•wuags)ana mennerae sated__________________^ • MeakalExeminer/coroner 1 `v ~6 ~ ~'~X I U li --j ,L~ 1 0 fbe basso d examinatbn end / a investigation, in my opinion, deem oeeurced x the time, date, antl place, and due to tM ausaa) and manner es areted_ ^ 34. N1y[ne a Atldre$ d Person Who Canpread Cause1d Deam (Nam 2~7){Type'P'Plrkrt /tl ~ N y y I ` ~ J`-' ~ • ~ (/,Z ` ~, 1 ' ` " 1./ . r ~ ~ ~ I ~ I '~ I ~ ' ~ I 7m s a e aid 36 Daa ~ ~ etl (Moran, y, ar) ' d ~~~r ! f 2 v`~ r-cidc /$~' ' ~ (Toil- Disposition Pemat No. C5995a~7 vn _ - _ -~ LAST WILL AND TESTAMENT ~~~ ` GLORIA SMITH ;~.., ==~ -, ; _ _: -~ r~, • - ~' ~~ ~-..i "t KNOW ALL MEN BY THESE PRESENTS, that I, GLORIA SMITH, presently residing in Cumberland County, Pennsylvania, do hereby make, declare, and publish this as my Last Will and Testament, hereby revoking all former wills and codicils heretofore made by me at any time. PAYMENT OF EXPENSES I. Payment of Expenses. I direct that my Executor, hereinafter named, shall have the power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral expenses from my estate as soon after my decease as shall be found convenient. DISPOSITIVE PROVISIONS II. Personal and Household Effects. I bequeath my household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to my daughter DAWN ARCATI and my son JODY SMITH who are living on the thirty-first day after my death, to be divided between them in as nearly equal shares as practical. Should either DAWN or JODY not be living on the thirty-first day after my death, leaving issue to survive her or him, said child's share shall be allotted to her or his then living issue, if any, and in default of such issue, such share shall be added to the share of my other child, or the issue, per stirpes, of any such other child who has predeceased me. Any such personalty not so divided shall thereafter be disposed of by my Executor by public sale or in such manner as my Executor shall select; all proceeds therefrom shall form a part of the residue of my estate hereinafter disposed of. I may leave a memorandum setting forth suggestions as to the distribution of certain items to DAWN ARCATI, JODY SMITH, or other individuals I may designate, and, while the memorandum is not to be legally binding, I hope the suggestions in it will be carried out. III. Specific Bequests. I make the following specific bequests: A. $600 to my daughter HOLLY MAHLER. LJ z_-~ - 1 - If HOLLY MAHLER has predeceased me or is not living on the thirty-first day after my death, her bequest shall be added to my Residuary Estate and distributed pursuant to Article IV. IV. Residuary Estate. I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situated to be disbursed as follows: A. One-half (1/2) to my daughter DAWN ARCATI if she is living on the thirty-first day after my death. If DAWN has predeceased me or is not living on the thirty-first day after my death, her share shall be payable to her issue, per stirpes provided that any share payable to her daughter, and my granddaughter, DEANNA MARIE ARCATI, shall be held in trust, as set forth in this Item IV.A., by the trustee herein named for and upon the trust, purposes and conditions hereinafter set forth: The share of my granddaughter, DEANNA MARIE ARCATI, (sometimes referred to as "beneficiary" in this Item IV.A. and its subparts) as determined under the provisions of this Item IV.A., shall be held primarily for her and to promote her comfort and happiness, by the Trustee, IN TRUST, for the following uses and purposes: (1) The intent of this Trust is to enhance DEANNA's life but only to the extent not provided for by insurance or any benefits received (or for which the beneficiary may be eligible) through or from various governmental assistance programs. The intent of this Trust is to supplement and not to supplant any such benefits. All actions of the Trustee shall be directed toward carrying out this intent. DEANNA, the beneficiary hereunder, shall not be considered for any purpose to have access to principal or income of the trust. (2) All property from time to time subject to this Trust is referred to as the "trust estate". (3) The Trustee may, in his absolute discretion, distribute so much income and principal for the benefit of the beneficiary as the Trustee, in his sole discretion, shall determine in order to not preclude benefits receivable by the beneficiary through or from various governmental assistance programs. The income and principal of this trust may therefore be used as judged appropriate as a supplement to, but not to supplant, governmental or other assistance to DEANNA and the Trustee may accumulate the income and add it to the principal of the trust. The Trustee is prohibited from making any distribution to any governmental entity to replace or reimburse or supplant any public assistance benefit of any county, state, federal, or other governmental agency which has a legal responsibility to ~, ~ ,~_ -2- serve persons with disabilities which are the same or similar to those of the beneficiary herein. In no event shall trust property be distributed in such manner that any governmental financial assistance, which would be available to the beneficiary if this trust did not exist, is in any way reduced, diminished, altered, or denied. All terms of this trust, wherever they may appear, shall be interpreted to conform to this primary goal. However, a distribution may be made by the Trustee, in the Trustee's sole discretion, in order to meet a need of the beneficiary for supplemental benefits not otherwise met by governmental financial assistance. This trust is intended to assure that there shall always be an advocate of the legal rights of the beneficiary. (4) This trust shall be primarily for the benefit of DEANNA MARIE ARCATI. The Trustee shall not be required to distribute income currently. The Trustee shall not be held accountable to any beneficiary, primary or remainder, if part or all of the principal shall be depleted as a result of distributions under this trust in accordance with the terms of this trust. Any income not distributed shall be added to and become a part of the principal. Any determination made by the Trustee in good faith as to the manner in which or the extent to which the powers granted by this trust shall be exercised shall be binding and conclusive upon all persons who might then or thereafter have or claim any interest in the trust property. (a) Supplemental Benefits/Special Needs. The Trustee may apply for the benefit of DEANNA for her lifetime, such amounts of principal or income, up to the whole thereof, as the Trustee in his discretion may from time to time deem advisable for the satisfaction of her special needs. As used in this instrument, "special needs" refers to the items for maintaining the beneficiary's good health, safety, and welfare when, in the opinion of and at the discretion of the Trustee, such are not being provided by any public agency, office, or department of the Commonwealth of Pennsylvania, or of any other state, or of the United States or the benefits available from any of them. "Special needs" shall include, but need not be limited to, supplemental medical and dental expenses; programs of training, recreation and education; and essential dietary needs unless the providing of any such enumerated purposes would limit or reduce any government benefits otherwise payable. The Trustee shall not by his actions in any way reduce the actual or potential services or financial assistance for basic maintenance, support, medical, dental and therapeutic care or any other appropriate care or service the beneficiary receives from any governmental agency. (b) Spendthrift Provision. No interest in the principal or income of this trust shall be anticipated, assigned, or encumbered, or shall be subject to any creditor's claim or to legal process, prior to its actual receipt by the beneficiary. f -- % t..~ ... -3- Furthermore, because this trust is to be conserved and maintained for the special needs of DEANNA MARIE ARCATI, no part of the corpus thereof, neither principal nor undistributed income, shall be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential or institutional care, by any public entity, office, department, or agency of the Commonwealth of Pennsylvania, or of any other state, or the United States, or any other governmental agency. (c) Public Benefits. The Trustee shall, in the exercise of his best judgment and fiduciary duty, in making distributions to or on behalf of the beneficiary for special purposes, take into consideration the applicable resource limitations of any public assistance programs for which the beneficiary is eligible. For purpose of determining the beneficiary's public benefits programs eligibility, no part of the principal or income of the trust estate shall be considered available to said beneficiary. In addition, it is Testatrix's hope, which is precatory, and not mandatory, that the trust property shall be expended for such advocates, both legal and nonlegal, as may be necessary in order to protect any and all rights of the beneficiary as well as to protect the integrity of this trust. (d) Termination. This trust shall cease and terminate upon the depletion of its assets or upon the death of DEANNA MARIE ARCATI. If terminating on the death of DEANNA MARIE ARCATI, the Trustee shall distribute any remaining principal and accumulated income to my grandchildren JAMES PETER ARCATI and PHILLIP ANTHONY ARCATI. DEANNA shall have no power of appointment over all or any portion of this trust. (e) Ineligibility. Notwithstanding anything to the contrary contained in the other provisions of this trust, in the event that the Trustee's discretionary right to invade trust principal for the beneficiary herein has the effect of rendering the beneficiary ineligible for Supplementary Security Disability Income (SSDI) or any other public program, the Trustee shall terminate this trust, and the undistributed balance of the trust estate shall be distributed free of trust to my grandchildren JAMES PETER ARCATI and PHILLIP ANTHONY ARCATI. In determining whether the existence of the trust has the effect of rendering said beneficiary ineligible for SSDI or any other public program, the Trustee is hereby granted full and complete discretion to initiate either administrative or judicial proceedings, or both, for the purpose of determining eligibility, and all costs relating thereto, including reasonable attorney fees, shall be a proper charge to the trust estate. .. ~, ~ , -4- (f) Expenses. Upon the death of DEANNA MARIE ARCATI, the Trustee in the Trustee's sole discretion, may pay all expenses of such beneficiary's last illness and funeral, and expenses related to administration and distribution of the trust estate (including fees of the Trustee, his attorney, and other agents) if, in the Trustee's sole discretion, other satisfactory provisions have not been made for the payment of such expenses. The Trustee shall make no payments for obligations incurred for said beneficiary's health, support, and maintenance if the Trustee shall determine in his discretion that payment therefore is the obligation of any governmental agency which has a legal responsibility to serve persons with disabilities which are the same as or similar to those of the beneficiary herein. (g) Situs. The situs of the Trust created herein for all purposes shall be Cumberland County, Commonwealth of Pennsylvania. B. One-half (1/2) to my son JODY SMITH if he is living on the thirty-first day after my death. If JODY has predeceased me or is not living on the thirty-first day after my death, his share shall be payable to his issue, per stirpes. C. Whenever any interest in my estate vests absolutely in a beneficiary under the age of twenty-one, my Trustee as set forth herein may retain the interest upon a separate trust and pay to the beneficiary as much of the net income or principal as my Trustee may deem appropriate to provide for the beneficiary's support, other needs, or education until the beneficiary reaches age twenty-one, when the interest shall be paid outright to the beneficiary. If the beneficiary dies before reaching that age, the interest shall constitute part of the beneficiary's estate. This provision shall not apply to DEANNA MARIE ARCATI; a trust created for her benefit shall be governed by the terms under Article IV.A. V. Reason for No Gift. I have made no provision in this my Last Will for my daughter, MARAGARET SOLOMON, or for the following grandchildren, ALYSON MAHLER, NICHOLAS MAHLER, RANDY MAHLER, and JAKE McCOY, as I do not wish any of them to receive any share of my estate. Except as set forth in III.A., I have made no provision for my daughter HOLLY MAHLER and do not wish her to receive any share of my estate. FIDUCIARIES VI. Executor. I hereby nominate, constitute and appoint my daughter DAWN ARCATI, as Executor of this my Last Will and Testament. In the event she is unable or unwilling to serve, or predeceases me, I appoint my son JODY SMITH as Executor. VII. Trustees. If a trust is created under Article IV.A. on behalf of DEANNA MARIE ARCATI, I hereby designate my son-in-law, PETER ARCATI, as Trustee of the trust created herein. The Trustee shall be reimbursed for expenses incurred on behalf of -5- the trust and shall be entitled to receive reasonable compensation for extraordinary services rendered to the trust. If PETER ARCATI is unable to serve then I hereby appoint as the alternate, my son JODY SMITH. For any trust created under Article IV.C. on behalf of any beneficiary under the age of twenty-one, I hereby designate my daughter, DAWN ARCATI, as Trustee of the trust or trusts created therein. The Trustee shall be reimbursed for expenses incurred on behalf of the trust and shall be entitled to receive reasonable compensation for extraordinary services rendered to the trust. If DAWN ARCATI is unable to serve then I hereby appoint as the alternate, my son JODY SMITH. VIII. Bond. No Executor or Trustee shall be required to give bond or enter security for the performance of their duties. IX. Other. Any reference to the gender of a fiduciary or beneficiary described herein shall not be deemed limiting but shall apply to the person holding the fiduciary or beneficiary position whether male or female. ADMINISTRATIVE PROVISIONS X. Management Provisions. My Executor and Trustees and their successors shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: A. Sell/Lease: To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as he or she shall deem wise. B. Invest: To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as my Executor or Trustee shall deem wise, without being limited by any statute or rule of law regarding investments by an Executor or Trustee. C. Retain: To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as they deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. ' ' ~~ -6- D. Title to Property: To cause any security or other property which may at any time constitute a portion of my estate to be issued, held or registered in the Executor's or Trustee's name, or in the name of a nominee, or in such form that title will pass by delivery. E. Expenses of Estate: To pay all costs, taxes, charges and expenses in connection with the administration of my estate or trust. F. Allocate: To determine what is "Income" and what is "Principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor or Trustee may determine. G. Borrow: To borrow money from any person, firm or corporation, for the purpose of protecting and preserving or improving my estate or trust hereunder; to execute promissory notes or other obligations for amounts so borrowed. H. Employ To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay them reasonable compensation out of the funds held hereunder to which said compensation is attributable. I. Other: To do all other acts in the Executor's or Trustee's judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate or trust. XI. Death Taxes: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this will or not, shall be paid out of my residuary estate just as if they were my debts and none of these taxes shall be charged against any beneficiary; and that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. XII. Tax Options. I authorize my Executor to exercise any options available in determining and paying death taxes in my estate. XIII. Alienation. Subject to the powers of revocation and withdrawal herein reserved, no interest of any beneficiary hereunder shall be subject to anticipation or voluntary or involuntary alienation. XIV. In Terrorem. If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries, without probable cause, such ~' ,, ,,'' .. ,.._:.:,,y y. -7- beneficiary shall pay all costs, including but not limited to attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, or such fiduciary personally. In the event that such beneficiary does not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary or remainderman under this Will shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting beneficiary or remainderman had predeceased me without surviving issue. IN WITNESS WHEREOF, I, GLORIA SMITH, the Testatrix of this, my Last Will and Testament, typewritten on eight (S) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal this day of ~~ ,~ ~ 2010. GLORIA SMITH The preceding instrument consisting of eight (8) typewritten pages, each identified by the signature of the Testatrix, GLORIA SMITH, was on this day and date thereof signed, published and declared by GLORIA SMITH, the Testatrix therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~- ~~ ... '-, ~.. _~,... ~, ~ _ ~ -8- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, GLORIA SMITH, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. GLORIA SMITH Sworn or affirmed to and a owledged before me, by GLORIA SMITH, the Testatrix, this ~/~ day of ~y , 2010. ~ ~ . Notary P is '~ 3. ~,a~iH, Nateil- Pu1~ic 6~ 8~~n, poi C" 21,Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: We. T/1orn~.y H. ~4pA'~' and i'c`iarr~ ~. ~n~~/ _ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute 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 us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or influence. ~~ t lloma5 day of `~ 1 \~ Notary Pub~i p 3. i;~iS~:Cit4, tiOtltY P1~C G~~+~1 Sworn and affir ed to and subsc ibed to before me by ~ ~~e~' and ~cha~ ~ . ~anap.!l ,witnesses, this ~~~ . / u u , 2010. `~' .