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HomeMy WebLinkAbout10-05-11pND GRANT OF LETTERS PETITION FOR PROBATE LINTY, PENNSYLVANIA CO CUMBERLA=-~ File Number % ~ 11 ~ 1 ~ ~ - REGISTER OF WILLS OF f Mary Sue Dick Social Security Number 345-10-3170 Estate • , t)eceased also known as Archer Donald R. Howe and Penny I les for: named in the ears of age or older, app Y(• ) CO_E;,tgCUtOrS Petitioner(s), who islare 18 Y Is/are the ~- 01/2712005 (COMPLETE `A' or `B' BELOW:) and aver that Petitioner(s) ' 111041.2004 and codicil(s) dated 08/27/2002 X A, Probate and Grant of Letters Testamentary last W ill of the Decedent dated 05/10/2002 ending divorce roceeding renunciation, death of executor, etc.) was not divorced; was not•a party to a ted; was not t e victim of (State relevant circumstances. e.9 . robate: Decedent did not mar 3323 (g); did not have a child born or a oP rovided in 2 t as follows ~, After the execution of the documents offered facitated person, excep wherein and wasfnevder adjud sated an fncapshed as p a killing; urante muiontate If any) and heirs (if s ouse (' was never app ica e, enter: c..a.; ..n.c..a.; pe ente ite; urante a senha; the following P g. Grant of Letters of Administration lete.6st of hetrs); was not the victim of a killing; o er search, has/ttave aos~ attained that Decedent left no W ill and was survived Y Will on Section A above and coropeeding whereln grounds for divorce had been established as after a'r N enter date to a pending divorce p Petitioner(s), ~ ta. or d.b.n.c.t.a., Admtnistratton, . • and was not a padY adjudicated an Inca acitated arson; ^-r-, C.S.A. § 3323 (g), except as follows: ~ provided In 23 Pa. Residence ;-ri c--~a Relationshi =~ ~ c Name ` '-r m C! , %~ni. County, Pennsylvania with his /her last principal residence at (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland bur PA 17050 -.~ _.,-i `~ _.. ~. ~% .: ~~ G r -^:, 4837 E. Trindle Road, Mecharncs gode) Cumberland Co. PA Meadows, Hampden Township, (List street address, town/city, township. county, state, zP at Country ears of age, died on 09/26/2011 3,300,000.00 Decedent, then 96 y ro arty with estimated values as follows: $ -_ Decedent at death owned p P All personal property Pennsylvania $ ~--- (If domiciled in PA) personal property ~ $ - Personal property in County (If not domiciled in PA) ~ - (If not domiciled in PA) Ivania Value of real estate in Pennsy nla situated as follows: ro riate form to rant of Letters in the app P ectfully request(s) the probate of the last W ill and Codicil(s) presented with this Petition and the g Petitioner(s) rasp Typed or printiad name and residence Wheretore, 2425 Rolling Hills Drive the undersigned: c;..,,ature ~_ pA 17055 _..ia a Howe Mechanicsburg, 403 Maplewood Drit Penny Archer Franklin, TN 37064 Page 1 of 2 ~, /i/_ ,r, „d1•j (,L~~G~1~-c:~v Inc. / 1 J ~ai~`, endin action by the Court) Copyright (c) 2010 form software only The lzdvier ~'roup, Form -O2 Rev. 12-26-2010 (interim form, p 9 =L~ NAL PRESENTATIVE `~ © _ ~-'' ?_ OF PERSO , ~~ ~ ~ `._ ~ OATH "~ _,- - ~ (~ ~ , Commonwealth of Pennsylvania ~. SS _ ', County of Cumberland oio Petit>~are truE~~d ~~•~ ~-~ hat, as personal repr~sentative(~~ of the ''~ ear or affirm that the statem and t the foreg g s herein named sw to law. The PetitionerO of the knowledge and belief of Petltioner(s orrect to the best well and truly administer the estate according c swill _ Decedent, Petitioner( ) ~~~ ~ ~ Sworn to or affirmed and subscribed q _~ da of bef ~~ t f ~ ~ ~p ~~~ ~ A f Fort e Register GRANT OF LETTERS ~E~R~E OF pRpBATE AND 1- ' _ C Deceased File Number. ? . ~ on state of ~ ~ ~~, ~ `/ , in consideration ED ghat Letters E his ~ day °f L ~ ~ been presented before me,`e hereby g~ ed to: AND NOW ~ t ~"- roof having a. satisfactory p in .t.a., V b.n., d.b.n.c.t.a., etc. the reverse side hereon0 f Administration ~~ ~~ - etitron be ~ pplicable, enter Testamentary _ ~ ~~j~ ~ _ de rlcs bed in the p ~~ 1U ~ ~° ents s dated s of Decedent. ? filed of record as the la W• 1 and Codicil() -,. ~ the above estate and that rostrum ( ) admitted to probate and ~ f jJ~ ~~ Register of W 1115 " aired to Enter Appearance Signature of Counsel Req FEES: ~ ~ ~~ Atty's Signature` Letters ................ PRINTED Name: S ~ 7 ~ Will...................... ~- ~ ~ Co ~cil(s)... "~"''•..... SupremeCow~.IDNo.: (~ Short Certificates ~-~ ,. ~-~ S ( )Renunciations...... • Address: ....... ~~1~ - Bond ................. . Other .......................... • .,~~~u>~~ . .. .................... 5.00 Phone: _ ~ Automation FEE..•~~•••• 23.50 Fax: JCS FEE .................. ~~/~, ~ ~ Page2of TOTAL••••••••"" "'$ action by the Court Interim Form RW -02 revised 12.26.1 ~ by Cumberland County pending ~ ~ ~ 1 1 X0`1•"° ~i:,, ~, ~, TIFICATION ~F' ~~~AT'~ ~ S ~ ~~ q hotostat or phoiOgraph. LpCI~L REGISTRAR It is illegal to duplicate this copy y p WARNING: , lr~('rlnl,tlilUl brie ~ L~I,LI 1. nE1-: t1t..Ll ~ ltz of Dea~h I hi> l~ tty ~•' l ,_~ ~ it l crittic rrr ~~ ~ St1TCCl~~' LtI~IILC~ little I1 I J.1 ~Z ,'.ISI {-~Ll, Ih~ (ll lt'IIT I~ I~;+°; STN OF PE~r \ (Li with me ;l > , the ~t.LtC V Lt.~ll ~P -- ~hf~~. Llul} it ll(1 ~,1 ~ hl_ .lr.k xl Ic ,. ~ ~ I ~crtillL''~ ~'`I ceriiiic<<te. ~E~. ~; Z'~ ,Ill Ii4in"- )t,; l+~ I n „n~ Cor thi ~~ or `?~ \~ 2~ . i. ~ R~~t,Ltl~ t )~1L' lC' Q~v 1~~ ~ ~~iIIC t t~ ~~gTMEN~4Fm~'I,'~ ~.t,ra Z``I_`~tr.r -~ -i ~ Q ~, ~ 4 ~ ~~,,;~,~ i P _ 1 ~-- ~~ - -- -- _ __---_ -~- - ~tm Numhei, .. -~~ Ccrt,llca`,l C7 _ .r7 ; n ~ G? ~ ~ ~--i _ _t ~, ~ ~; C7 ,...., (fr ~ -~ - C~ ~ _. `~ '~ G~~} ` r..t ~~ MMONWEA~TH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS co CERTIFICATE OF DEATH sTATE FILE NuMRER 4. Date cl Death IMontn, tlaY~ Y•ad REV L,nop6 (gee Instructions end examples on reverse secemv Numbs _ 31 7 0 I pRl~ iN 2 Sex :MANENT female 345 10 \CK INK ate Ba Place of Daam Check on Other. Sue D1Ck HosPitaP. ^ gesidence ^ Omer SDecry. 7. Birm lace Ci and slate a lore ca,m 1. Name of Decedent lFrst, middle~a T ly ^ ~A Hone I don. Black, Ylnd=, etc 1'mnl ~,Na5kl9 10. Race American n User t d fi. Date of Birm Month da . ear I L ^ Inpaaem ^ ER I Outpa o ^ Yes (SpeaM Under 1 eel Flours MMNes 1 91 5 F r i. end s v i 11 e , 9 Wu pac¢dent o' Hispatc Orioin. No 5. Age It~st BlrthdaYl M°^ms Dan July 2 ~ lu yea, w~N c,tan, white Noma (It not InstltNion, give street and number) Mexkan, Pwno Rkan, eb.l e 6d. Facility dOW $ 15. Surviving Spouse In w'le, prve maiden nzrre! Mea ty, MaRal Sbtus'. Mamed, Never Marred, 9 6 Yr5 6c Cny Bao, TwP o' Death Country only hgMSt 9~ corr~eteal Wklmved, DNOmad (Specdyl gb. County of ceam n s Education (SpacllY Hampde La. °eC~"`' o-iz) Conega t,-0°r s'1 wi.dowed Cumber 1 and 12. Was Decedent aver m Rte I s~ortdary ( TwP. U.S. Armed Fomes? E 1an2ry Did D~eaent ,,~~,,(( 11. Decedemts Uswl Ocw aeon Itind of work done dun most~~ of 0usrinessDl llndus ryte retire ^Yas I'l0 Live in a 17c. yXYes. Decedent Lived in pity' Boro Kind o{Work pennsy lvania Township^ a i r e r of t vd ^ N° oeeeden"'ved `"`h'" C or Decedent's er an Actuaf LimAS Of I tnwr, state, ziD code) Actual Residence 17a. Slate Cum tfi. Decedents Mailing Address (Street. city Rd • 176. County e, maiden wmame) T r i nd l e 19 Momera "ame (F~rsL mddl Andrews p A± 7 0 5 5 4837 E. Florence •~Mechanicsburg, t Howe ~In~°~ e M itm a.lstraet, ~Y~ i ~~'s ~lr Rob e r '~, ~~~~ 1 ng xtd. Location (city I trnm, stare, zro codel 1 '] 0 6 S taFamersNeme(First,middle.lest.suKxl SpYingSr j~ R • of cemetery crematory a Omer place Howe Mt•Holly elPnnq Donald dsy,yaer) ztaPlaceolDtep°sewnMeme Crematory 2pa. Intonnant's Name (Tye 216. Dale of DLSposltlm ( 2 01 1 Ho 11 i ng e r Sept•28r LemoynexpA17O43 remotion ^ Donation . or ponedon AutDOZh•d ,~( of Facility 4 Hwnme 1 AV e - 21 a. Method of Dispoemon ~I Waa cremation Ltl,Yes^ No 22e. Narna and Address H & C S ~ 3 2 g th day. vea'! ^ Budal ^ Removal tram sUte I ~ igadlcal Examined Corona(! Musselman F 2pc. Date SI ned (Mon l o `r 220. Lke 01 316 3 -L 1 t¢. V ^ Omar. '. as suchl - E,+D- 23b. license Number re d'Funeml ~r roe nsee lot person acli ) ` 1- t ~~ L date end place stated. lSl9naNre ~ kD I man Cremaho^. or Cr~a:~o^ deem occurred ai dte lime, geierted to Medkal Examiner 1 Coroner for a Peaw^ Ome • ~ 23a. To the best of my knowledge, 26. Was Case N, fete Hems 23a-c onty when cenityin9 ,. - ^ ^Yas LILS'•+ . Mlysa,an n not available al !ime of death to ~--~ Y ~/ ` ed Dead (Monet, daY, r) 26. Did Tooaao Use C°nlribNe to Deem? 26 D Prune ~~ ^ Probably certilY cease of deem. 26. Time of Death In me undertymg cause given in Pen I ^~s ~ Unknown , Apprmhnate interval: Pad II. pueooLtresNSng No eted DY parson ~ 'Z , '~ M. Onsa to Deem ttems 2426 must be comDl , 29 II Female • who OronOU^LQ5 death. Instruct ono end exa Oi~1 I I t wtthin past gear CAUSE OF DEATH (~ ceased me deem. DO NOT enlar lelminal events sam as cardiac ones , I Nol pregnan dwaases, inlunes, or enmDlkations ~ mat direcdy I ' r ` p 7 F ~ Pre9naM at lima of deem - showing me etiology Lisl only one cause on each Ilne. , / urn Item 27. Part t. Eller me gh&19415='~Q incular fiDritlatbn without ~ 13~-jam' ^ Not pragnanL but Dre9narl wimin 12 days respiratoN anesL t 1 ,x 1 I I1 ,s ,~ a- l ~ 01 deem Fnal disease or N rfYl~ -f~-~f p.- ^ Not pragnanL bet pregnant 63 days to t Y~ IMMEDIATE CAUSE ~ II corlddion rewlong in am) -~ 2_ Duero (or as a censeque °~' before deem I ~~--- ~ ^ Unknown A pregnant wtth'n the Das'~ Year paW Ial cMdNOr~s, it ant, D- ence of): r czc!ory, the listed an 1 Due t° (or as a consequ I _ ,Home, Farm, S!reeL lne a. b to cause ~ t ~~~ 32a Place of Inlury~ F,ma~r a UNDER~BNG,N ~~e c. Office Building. etc. (SOeciNl Ids °f uNury Due to for as a wrvsequence °R~ evems resWtmg in deathl LAgT. Hvw Injury Occurted 32a. Date N Injury jMonm, deY, Year) 32b. Describe Street cRy I town, statel tl. 32g. Laca6on of IrQury l ~ 3t. Manner of Death Inury (SPerM) Spa. Was an ANopsY ~. Were ANOpsY ~Indi t'g~ u,Wral ^ Hom'wtide 32e. Inury at Work? 321. It TransD~attO^or ^ Pzsse P~ i Available Prar to Completion ~"~ 32d. Tone of Injury ^ Driver I OP•r _ Perfomlaa'! of Caus^ of Death? P~n9lrrres6galhn ^ Yes ^ N° ^ der ~ SpacilYr ^ Accident ^ M . ^ No 33b. Bignatur ~ ~. Ne ^ Yes ^ Suicide ^ Could clot ba Derertnxted ^ Yes . 33d. Date S d (~Mf onth, d Y• Year) leled Rem 231 _ _ _ y~ 33c. ' e N er ~ 2 ~ l when artomer Dean has Oronoatced death and come _ _ _ _ _ _ _ _ _ _ - - ^ ~ ~ ~ !_ 33a. Cen'fier ( only one) cyj5e d deem _ _ - 11Y~ l~ Cendyhg PLlyskbn (PDYsician ce~ ~~ dw to tM ceusel•1 end manner w shed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ tad Ce Deam lltem 271 TYD° I P glawladge, deem and cedRYat9 to cease of deaml ^ of P 'M'0U~ ^ ,t-L 1 I' To the bast of mY a and menrores staled-----" _ • Pronouncing •~ cerlhyln9 PDY~Ien (PhYs1C1an both Pr~~ d place, and dw to the oaubl 1 a and meMler °e eteted- ~ `! Q `/k' of mY Imowled9e, death occurred et the time, end phce, end dw to the auael) ~ l To the oast inlon, death oceurrad el the time, deb, deY // C~ Chi ~Ik~Y . pedical Eyaminerl Coroner ~ F dl a a Y On the basis of examinahon and f or Invest19a0on, In my W ~ ~ / i ~I ~ I /I pab 21B ~ ~h 35. Ra9infefs Slgnamre and Distnd Number „/ .-. ~ ~'o ~ ~ 1 ~ ...,+,?'7 * -(/'~ .. DisposiRon Permit No. +~ttsf i11 ttnd ~rstttmrnf of ~H.~+`.~~ 33~±~+~JC~+K I, MARY SUE DICK, presently residing at 258 Marvin Avenue in the City of Hackensack, County of Bergen, and State of New Jersey, being of sound and disposing mind. and memory, and mindful of the uncertainty of human life, do hereby make, publish and declare this to be my Last Will and Testament. I• REVOCATION OF PRIOR WILLS I h`r°b.~ revclce µn~. and .=..11 ot?~ per ~.ormer Wills and ^-,-a; ,, ; ; ~. by me at any time heretofore made. II. PAYMENT OF DEBTS I direct that all my just debts and the expenses of my last illness and funeral be paid as soon after my death as may be convenient, except that the payment of any debt which is not due at the date of my death, or as a result tha_reof, may be postponed by my fiduciaries in their discretion and provided any debt secured by a mortgage, pledge or simil<~r encumbrance on property o'--= ~-ife insurance passing under this Will or b y operation of_ law or otherwise by re-asor~ of my death (ot~ler than as part of my residuary estate) shall not be paid by my estate but such property shall pass subject to such mortgage, pledge ox~simila~~- -~O ~__. 'v-~ encumbrance. -:~` ,,c=am -^-~ - -. r,:. U ~ ~ ~ - ~::/: ~ -w` 4' i - `T r ~._ ,., ~ ~.. r f r .i '. ~, 1 ~_ LAST WILL E1ND TESTAMENT , Or" MARY SUE DICK ' PAGE 2 III. DEVISE TO NIECES AND NEPHEW I give and devise the sum of Twenty Thousand Dollars ($20,000.00) Dollars to each of my beloved nieces and nephew, LOIS RICH, BARBARA EGGERMAN, GISELLA DICK, LAWRENCE HOWARD and WILLA KRAVITZ. If any of them shall fail to survive me, then the amount payable to such decedent shall be paid to his issue, alive at my death, per stirpes. If any of LOIS, BARBARA and GISELLA shall fail to survive me, and not be survived by issue who are alive at my death, then the amount payable to such decedent shall be paid to such two of them as shall survive me. If either of LAWRENCE or WILLA shall fail to survive me, and not be survived by issue who are alive at my death, then the amount payable to such decedent shall be paid to the other of them. It is my present intention to make gifts during my lifetime to my aforesaid nieces and nephew and I direct that each gift in excess of Two Thousand Five Hundred ($2,500,00) Dollars (gifts in smaller amounts shall not be aggregated for purposes of this provision) which I may make after the date' of this Will shall be deemed an advancement against the amount payable to such niece or nephew under the terms of this Article. It was the intent of my late beloved husband, MORRIS DICK, and I that a total of One Hundred Thousand ($100,000) Dollars would be payable from botr, of our esta;_es '~.o LOIS, BARBARA, GISELLA, LAWRENCE and WILLARD and I am concerned that the provisions that I have made in this Articles III may duplicate a provision that may have been made for them under the Revocable Living Trust dated February 24, 1998 which my late beloved husband and I established. I consequently direct that any LAST WILL'AND TESTAMENT OF MARY SUE DICK PAGE 3 amounts payable to any of LOIS, BARBARA, GISELLA, LAWRENCE and WILLARD from such trust, other than such individual's share of the remainder of such trust remaining at my death, shall be deducted from the amount of the devise made to such individual under this Article of. my Will. If any of them shall predecease me, then the amount payable to such deceased beneficiary, or to those who would take the amount payable i~o such beneficiary, under the terms of such trust shall be deducted from the amount that would otherwise be payable under this Article to those who take the interest of such deceased beneficiary under this Article. IV. DEVISE OF RESIDUARY ESTATE I give and devise all of the rest, residue and remainder of my property and estate, whether real, personal or mixed, of whatever description and wheresoever located, of which I may die seized or possessed at the time of my death or over which I may have the power or right of disposition, including any legacy hereinabove provided for which may lapse, all such property being herein referred to as my "residuary estate", in the following shares: A• Mildred Howard B• Lawrence Howard l00 C- Wi11a Kravitz 4 D• Lois Rich , 40 E. Gisella Dick 4 ', F• Barbara Egerman G• Madeline Piepes Nicklina 40 2% i~• Jane Piepes 2 0 I • Marjorie Hair J• Linda Grisemer 0 400 K• Brenda Weiler L• Marie Smith 40 M• Marilyn Kocher N• Elizabeth Archer 40 0 • Jeffrey Archer 20 2 0 «.~ ~~ L LAST WILL AND TES'PAMENT OF MF;itl SIIE DICK PAGE 4 P. Q• R. S. T. U. V. W. X. Y. Michael Howe Laurie Howe Penny Lou Archer Donald Howe Jean Reeser Lucille Ammer Dana Freeman Vanessa Howard :David Kravitz Heather Doyle 2% ° 2% ° 4° 0 10% 4% ° 10% 1° 0 1% ° 1% ° 1° 0 The amount payable to any of the foregoing residuary legatees who fail to survive me shall be paid to his issue, alive at my death, per stirpes, or if none, shall be paid to such residuary devisee's brothers and sisters named above, if any, in equal shares (the amount payable to any sibling who fails to survive me to be payable to such sibling's issue, alive at my death, per stirpes). If a devisee shall fail to survive me, and shall be survived at my death by neither :issue, nor by a sibling named above, nor by the issue of a sibling named above, then I direct that such share shall lapse and be divided among the remaining shares in proportion to their percentages of my residuary estate set forth above. v• APPOINTMENT OF FIDUCIARIES I hereby nominate, constitute and appoint my beloved nephew, DONALD HOWE and niece, PENNY ARCHER, or such one of them as shall qualify and continue to serve, as Executor: of this my Last Will and Testament. I e:~pressly authorize my fiduciaries, following their qualification, to resign. If more than one fiduciary is serving, then I authorize each such fiduciary, from time to time, by written instrument signed ~~ >> L_ LAST WILLAND TESTAMENT • Cyr' MARY SL'E DIC'f, , PAGE 5 by such fiduciary, to delegate administY•ative and ministerial powers to one or more of the other fiduciaries and, by such written instrument, to revoke such delegations. I direct that no bond or other security for the faithful performance of their duties shall be required of my fiduciaries, above named, in this or in any other jurisdiction. I direct that my Executors shall receive compensation for their services, as provided by statute oY•, if no statute shall control the amount payable to them, that they shall be reasonably compensated for their services. VI. FIDUCIARY POWERS I grant unto my fiduciaries the following powers, in addition to, except as hereinbelow modifiE=_d, their common law and s~ _'~='-a.tor~~> rowers: tr5.e sa.;,e to }.:,e exe~c.iseci in such manner as they, in the exercise of a reasonable discretion, may deem advisable, and to be applicable to all property, real, personal and mixed, at any time forming part of my estate or any trust created hereunder: 1. To retain, temporarily or permanently, any or all property owned by me at the time of my death in the form in which it then exists; acquire by purchase, exchange or otherwise, and retain, temporarily or permanently, any kind of realty and personalty, including stocks and unsecured obligations, undivided interests, interests in investment trusts, mutual funds, common trust funds, leases, and Nroperty which is outside of my d~~micile, all without being under any duty to diversify the property and without being limited to investments authorized by ]_aw for trust funds including the discretion to r"tar! ac; an investment aC'_y obligation or- obligations owing to me by any corporation in which I have a stock interest at the time of my death); and hold funds uninvested, or deposit any monies of my estate in one or more savings or other banks in any form of account whether or not interest bearing; 1~.~. l~ti~ LAST WILL; AND TESTAMENT CF DIARY S?IE DICK ~ ' PAGE 6 2• To vote, in person or_ by general, limited or discretionary proxy, or give their consent for an in respect. of any stocks or other ~; Y purpose, assets of m ecurities constituting y estate; exercise or sell any rights of subscription or other rights in respect thereof; 3• Unless inconsistent with other provisions of this instrument, to hold two or more funds in one or more consolidated funds, in which the se~garate funds shall have undivided :interests; 4• To sell, exchange or otherwise dispose of realty and personalty, publicly or privatel credit or for any consideration includingostocks,pbonds or other corporate obligations; grant options for the purchase, exchange oY• other disposition of any such property; 5• To pay general legacies anal divide or distribute principal, in property or in money, or partly in each, or by way of undivided interests; 6• During the continuance of the administration of my estate and any trust created hereunder, without application to or approval by any court, from tiine to time, to delegate discretionary powers to agents, remunerate them, and pay their expenses; employ and pay the compensation of accountants, custodi az.s, legal a:l<~ investment counsel ; 7• To renew, assign, alter, e};.tend, compromise, release, with or without consideration, or submit to arbitration, obligations or claims, including taxes, held by or asserted against them or which affect estate assets; 8• To hold property in their own name or in the name of nominees; 9• To borrow money and pledge or mortgage any property, for the payment of taxes, debts, legacies, or expenses or any other purpose which i:n their opinion will facilitate the administration of my estate; 10. To exercise any election or option that may be available to them under the Internal Revenue Code; and in no case shall any adjustment be made in t:he interests of the beneficiaries under this Will because of my fiduciaries' exercise of any election or option available under the Code; 1 . To maxz.a.ge, r_-etain, ins~a.re, improve, alter, subdivide, dedicate to public use or lease real property or grant easements with respect thereto for periods to begin presently or in the future without regard to statutory restrictions on leasing and even though any such period may extend beyond the term of administration of my estate o_r any trust created hereunder; ~~ L_ LAST WILL' AND TES'PAMENT OF MARY SliE DICK PAGE 7 12. To consent to and participate in any plan for the liquidation, reorganization, consolidation or merger of any corporation any security of which is held in my estate or any trust created hereunder; 13. To abandon, in any way, property which they determine not to be worth protecting; 14. Except to the extent fundamentally inconsistent with tree provisions of this my Last Will and Testament and my estate plan, to renounce, in whole or in part, any devise, legacy, or interest in any trust provided for my benefit under the Will of any person or under any Trust instrument at any time within nine months after the date of transfer that created an interest in. me; and 15. Where the beneficiaries and terms and conditions of any trust created hereunder are substantially identical to those of any other inter vivos or testamentary trust, to combine with such other trust for all purposes and administer them as a single unit or to distribute all or part of the balance of the trust created hereunder to such other trust to be administered and distributed as a portion thereof or to accept a distribution of all or a portion of such other trust to be held and distributed as a portion of the trust created hereunder. To divide the balance of any `rust-. c~reared hereunder ~_nto tv:-o r more separate trusts. each of which shall be subject to the' same terms and conditions as the trust from which derived but with respect to which my fiduciaries may make different elections for purposes of taxation. VII. POWER IN TRUST PROVISION In addition to any specific trust provisions set forth above, whenever pursuant to the provisions of this Will any money or other property is distributable to a person under the age of twenty-one (21) years, I authorize my fiduciaries to pay or deliver such amount or .property to a person designated by my fiat=c=cries as Custodian for such dist.ribut:ee pursuant to the Uniform Gifts or Transfers to Minors Act of any jurisdiction, as though my fiduciaries were a donor making a gift under the Act pursuant to its terms. Alternatively, my fiduciaries, in their discretion, may hold such property as a separate trust for such distri.butee. Tn the latter case, my fiduci<~ries may pay to such /~t4r` ~~ _1~1; LAST WILL AND 'PESTAMENT' ~ ~ ' OF MART SUE DICK , PAGE 8 distributee, or expend on his behalf, t:he whole or any part of any net income or principal, at any time held for him for his support, maintenance, medical care and education. My fiduciaries shall pay any balance thereof to such distributee when he reach es the age of twenty-one (21) years or to h.is estate if he shall d' ie before then. VIII. CONSTRUCTION A• The captions included in this Will are for convenience of reference only but the construction and enforcement of this Will shall be made without reference thereto. B• The powers and discretions granted under this Will may not be exercised in a manner which will constitute the discharge of any legal obligation of the person holding such. power or discretion. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of May, in the year Two Thousand Two. i .. r R--~"L~~G~ ~ L . S . MA Y SUE DICK Signed, Sealed, Published and Declared by the said Testatrix, as and for her Last Will and Testament, in our presence, and we, at her request, in her presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto. Wi ness - 669 Rit-er rive-Suite 320 Elmwood Park iVu ~~740 Address ~~/'0~~/ ~ L~'~.+~',~o'~ fitness 669 River Drive-Suite 320 Elmwood Park NJ 07407 Address Y~ •I~ MARY SUE DICK, the Testatrix, sign m n Y ame to this instrument this 10th day of May, 2002, and being duly sworn do hereby declare to the undersigned authority that I sign and exec ute this instrument as my Last Will; and teat: I sign it willin 1 g Y; that I execute it as my free and voluntary act for the purposes there' in expressed; and that I am 18 years of age or older, of sound mind and under no constraint or undue influence. ~~ UE DICK L~ We, NEIL I. KILSTEIN and IVETA WENTINK, the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed this instrument as her Last Will and that she signed it willingly; that each of us, in the presence and hearing of the Testatrix, hereby signs this will as witness to the signing thereof bt% 1 the 1'rStct~r1X; and that to t~,e best of our knowled e g the Testatrix is 18 years of age or older, of sound mind and under no constraint or undue influence. Wit ss y~~~~ " ~ W'tness STATE OF NEW JERSEY) .SS. C~?tTIVTY OF BL'RGEN ) Address ~~~- Address Subscribed, sworn to and ackrow7.edged. before me by MARY SUE DICK, the Testatrix, and subscribed avid sworn to before me by NEIL I. KILSTEIN and IVETA WENTINK, the wit~zesses, this 10th day of May, 2002. ~, l EII.EEN IIR. VENTRtttA A Notary Public of New Jersey My Commission Expires August 30, 2003 __~ `7~ 7 C~7 - CT7 ~ ,~ ~~ C i FIRST CODICIL TO THE ~ ~-, -~~_~-, - ~~ ~ T,1 LAST WILL AND TESTAMENT '~-~ M ~ ~~~ ~"' OF MARY SUE DICK I, MARY SUE DICK, presently residing at 258 Marvin Avenue, in the City of Hackensack, County of Bergen and State of New Jersey, being of sound and disposing mind and memory, and mindful of the uncertainty of human life, do hereby make, publish and declare this to be the First Codicil to my Last Will and Testament dated May 10, 2002, and witnessed by Neil I. Kilstein and Iveta Wentink. FIRST: I revoke Article IV in its entirety and substitute the following in its place: IV. DEVISE OF RESIDUARY ESTATE I give and devise all of the rest, residue and remainder of my property and estate, ~~~bether real. personal or mixed, of whatever description and wheresoever locate; of which I may die seized or possessed at the time ofmy death or over which I may have the power or right of disposition, including any legacy hereinabove provided for which may lapse, all such property being herein referred to as my "residuary estate", :in the following shares: A. Mildred Howard 10% B. Lawrence Howard 4% C. Willa Kravitz 4% D. Lois Rich 4% E. Gisella Dick 4% F. Barbara Egerman 4% G. Madeline Piepes Nicklina 2% H. Jane Piepes 2% I. Marjorie Hair 10% J. Linda Grisemer 4% K. Brenda Weiler 4% i.. 1`s~C~i1.. ~yiui~.rl ~,v M. Marilyn Kocher 4% N. EL'zabeth Archer 2% O. Jeffrey Archer 2% P. Michael Howe 2% Q. Laurie Howe 2% R. Penny Lou Archer 14°ro S. Donald Howe 10% T. Jean Reeser 4% TJ. Dana Freeman l 1~~ nIK L~ First Codicil to the Last Will and Testament of DICK, Mary Sue Page 2 V. Vanessa Howard 1% W. David Kravitz 1% X. Heather Doyle 1% The amount payable to any of the foregoing residuary legatees who fail to survive me shall be paid to his issue, alive at my death, per stirpes, or if none, shall be paid to such residuary devisee's brothers and sisters named above, if any, in equal shares (±he anloi~n*_ payabl° tc any sibling who fails to survive me to be payable to such sibling's issue, alive at my death, per stirpes). If a devisee shall fail to survive me, and shall be survived at my death by neither issue, nor by a sibling named above, nor by the issue of a sibling named above, then I direct that such share shall lapse and be divided among the remaining shares in proportion to their percentages of my residuary estate set forth above. SECOND: In all other respects I hereby ratify, confirm and republish my said Last Will and Testament. IN WITNESS WHEREOF, I have hereunder set my hand and seal this 27th day of August, Two Thousand and Two. (L.S.) Sue Dick SIGNED, SEALED, PUBLISHED and DECLARED by the said Testatrix as and for a First Codicil to her Last Will and Testament dated May 10, 2002 in our presence, and we, at her request, in her presence, and in the presence of each o±her, have hereunto subscribed our names as attesting witnesses thereto. ~ ~ 4 ~~~'~~~ 669 River Drive Su Wit s, Neil I. Kilstein Address 669 River Drive, St fitness, Iveta Wentink Address I, MARY SUE DICK, the Testatrix, sign my name to this instrument this 27th day of August, 2002, and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as a First Codicil to my Last Will dated May 10, 2002; and that I sign it willingly; that I execute it as my free and voluntary act for the purposes therein expressed; and that I am 18 years of age or older, of sound mind and under no constraint or undue influence. ~ ~~-.s.) M Sue Dick We, NEIL I. KILSTEIN and IVETA WENTINK, the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed this instrument as a First Codicil to her Last Will dated May 10, 2002, and that she signed it willingly; that each of us, in the presence and hearing of the Testatrix, hereby signs this Codicil as witness to the signing thereof by the Testatrix; and that to the best of our knowledge the Testatrix is 18 years of age or older, of sound mind and under no constraint or undue influence. ness, Neil I. Kilstein Address ~~j ~~j~ fitness, Iveta Wentink Address STATE OF NEW JERSEY) :SS. COUNTY OF BERGEN ) Subscribed, sworn to and acknowledged before me by MARY SUE DICK, the Testatrix, and subscribed and sworn to before me by Neil I. Kilstein and Iveta Wentink, the witnesses, this 27t'n ciay of August, 2002. --t ~. -~/.~-c __-.~:. EILEEN M. VENTRILLA A Notary Public of New Jersey My Commission Expires August 30, 2003 7 -= ,." -~ a 1 "y CC7 -+ -- ' r~rt ~ =rn~~ -;~-.JtZ SECOND CODICIL TO THE -'~ ~ _ :=r; LAST WILL AND TESTAMENT y' - 'T' OF MARY SUE DICK I, MARY SUE DICK, of Hampden Township, Cumberland County, Pennsylvaniia, do hereby make this as a Second Codicil to my Will dated 10 May 2002. ITEM I. I hereby revoke ARTICLE IV of my said Will and substitute the following in its place: l~". DEVISE OF RESIDUARY ESTATE I give and devise all of the rest, residue and remainder of my property and estate, whether real, personal or mixed, of whatever description and wheresoever located, of which I may die seized or possessed at the time of my death or over which I may hzive the power or right of disposition, including any legacy hereinabove provided for which may laF~se, all such property being herein referred to as my "residuary estate", in the following shares: A. Mildred Howard Ten (10%) percent B. Lawrence Howard Four (4%- percent ~'~' C. Willa Kravitz Four (4%- percent ~'"!~ D. Lois Rich Four (4% I percent E. Gisella Dick Four (4% 1 percent .,~ F. Barbara Egerman Four (4%) percent G. Madeline Pieper Nicklina Two (2%) percent -~ H. Jane Pieper Two (2%) percent I. Marjorie Hair Ten (10%) percent J. Linda Grisemer Four (4%} percent K. Brenda Weiler Four (4%) percent L. Marie Smith Four (4%} percent " ~ M. Marilyn Kocher Four (4%} pf~rcent '~ N. Elizabeth Archer Two (2%) percent ~' 0. Jeffrey Archer Two (2%) percent ~ ~' P. Michael Howe Two 2% e~rcent ( )P Q. Laurie Howe Two (2%) percent R. Penny Lou Archer Fourteen (14%) percent S. Donald Howe Fourteen (14%) percent T. Dana Freeman One (1%) percent U. Vanessa Howard One (1%) percent V. David Kravitz One (1%) percent W. Heather Doyle One (1%) percent ~ I~. I - The amount payable to any of the foregoing residuary legatees who fail to survive me shall be paid to his issue, alive at my death, per stirpes, or if none, shall be paid to such residuary devisee's brothers and sisters named above, if any, in equal shares (the amount payable to any sibling who fails to survive me to be payable to such sibling's issue, alive at my death, per stirpes). If a devisee shall fail to survive me, and shall be survived at my death by neither issue, nor by a sibling named above, nor by the issue of a sibling named above„ then I direct that such share shall lapse and be divided among the remaining shares in proportion to their percentages of my residuary estate set forth above. ITEM II. In all other respects, I hereby ratify, confirm and republish my Willl, dated 10 May 2002, and my ', First Codicil to my Last and Testament, dated 27 August 2002, together with this Second Codicil as and for my last Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ ~,/~ day of ~~`~ , ~-'`=`-~ 2004. 1L.C Qv - _ ..-c c~ MARY S LK l~ Signed, published, and declared on the date hereof by the above-named testatrix as and for the Second Codicil to Her Last Will dated 10 May 2002, 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 hereto. Samuel L. Andes Lynn Ehrenfeld 2 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) The undersigned, being the testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, does hereby acknowledge that I signed and executed the foregoing instrument as my second codicil to my last will, that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. S~tlrr~ ~r affirmed to and acknowledged bF:fc„~e me i>y the testatrix named above this ~`,~~.~~, ciay of ~ !%;'~'r~ ~~ ~ lk ~.., , 2004. a ,ClL- !~ <---~ LJ MARY S ICK -, , hlntar,~ Publ NOTARIAL SEAL LEMOYNE BOROKI CUMBERLAND COUNTY MY COMMISSION EXPIRES IAN. 31, 2005 ', COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) WE, SAMUEL L. ANDES and LYNN EHRENFELD, 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 the testatrix sign and execute the instrument as her second codicil to her last will; that she signed it 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 codicil as witnesses; and that to the best of our knowledge, the testatrix was at that time l8 or more years of age, of sound mind, and under no constraint or undue influence. I .., uel L. Andes Sworn or affirmed to and acknowledged before me by the testatrix named above this r,~ #- ~^, day of ~~:I ~'~' ~ ~Y~^_ 1~.~~._..~ , 2004. Lynn hrenfeld +I~_ ~' .rvCt3i'y ~ is NOTA^nIAL SEAL AMY M. NARKINS, NOTARY PUBLIC LEh90YNE BORO., CUMBERLAND COUNTY MY COM~AiSSION EXPIRES JAN. 31, 2005 -~~ , ~~ ,~~ _~ _. THIRD CODICIL TO THE -; ; „~; LAST WILL AND TESTAMENT - ,~-~%~ ~ °~ tT`} OF ~, _-' Y:. MARY SUE DICK I, MARY SUE DICK, of Hampden Township, Cumberland County, Pennsylvania, do hereby make this as a Third Codicil to my Will dated 10 May 2002. ITEM I. I hereby revoke ARTICLE IV of my said Will and substitute the following in its place: IV. DEVISE OF RESIDUARY ESTATE I give and devise alt of the rest, residue and remainder of my property and a estate whether real ~, ,personal or mixed, of whatever description and wheresoever ' " ~ loc ated, of which I may die seized or possessed at the time of my death or over which I ~ ~ may have the power or right of disposition, including any legacy hereinabove provided for which may lapse, all such property being herein referred to as my "residuary estate", in the following shares: A. B. i', C. D. .~ E. F. G. H. i' J. K. L. M. N. i' 0. P. Q• R. Mildred Howard Ten (10%) percent Lawrence Howard Four (4%) percent Willa Kravitz Four (4%) percent Lois Rich Four (4%) percent Gisella Dick Four (4%) percent Barbara Egerman Four (4%) percent Madeline Piepes Nicklina Two (2%) percent Jane Piepes Two (2%) percent Linda Grisemer Nine (9%) percent Brenda Weiler Nine (9%) percent Marie Smith Four (4%) percent Marilyn Kocher Four (4%) percent Elizabeth Archer Two (2%) percent Jeffrey Archer Two (2%) percent Michael Howe Two (2%) percent Laurie Howe Two (2%) percent Penny Lou Archer Fourteen (14%) percent Donald Howe Fourteen (14%) percent i S. Dana Freeman One (1%) percent T. Vanessa Howard One (1 %) percent U. David Kravitz One (1%) percent V. Heather Doyle One (1%) percent The amount payable to any of the foregoing residuary legatees who fail to survive me shall be paid to his issue, alive at my death, per stirpes, or if none, shalt be paid to such residuary devisee's brothers and sisters named above, if any, in equal shares (the amount payable to any sibling who fails to survive me to be payable to such sibling's issue, alive at my death, per stirpes). If a devisee shall fail to survive me, and shall be survived at my death by neither issue, nor by a sibling named above, nor by the issue of a sibling named above, then I direct that such share shall lapse and be divided among the remaining shares in proportion to their percentages of my residuary estate set forth above. ITEM II. In all other respects, I hereby ratify, confirm and republish my Will, dated 10 May 2002, and my First Codicil to my Last Will and Testament, dated 27 August 2002, and my Second Codicil to my Last Will and Testament, dated 4 November 2004, together with this Third Codicil as and for my last Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this =f--- day of 2005. ~!~ ~(,/.~G GftJ MARY DICK I ! '' 2 Signed, published, and declared on the date hereof by the above-named testatrix as and for the Third Codicil to Her Last Will dated 10 May 2002, 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 hereto. \~ ~~. ;. li Samuel L. Andes Gras-~ ~12~~e%~ e Lynn Ehrenfeld 3 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) The undersigned, being the testatrix whose name is signed to the attached or foregoing instrument, having been duty qualified according to law, does hereby acknowledge that I signed and executed the foregoing instrument as my third codicil to my last will, 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 bEt~or~~ me by the testatrix named above this ~,~~I day of , 2005. r MARY DICK 'i NotafV t l1C NOTARIAL SEAL AMY M. HARKINS, NOTARY PUBLIC lEMOYNE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES lAN. 31, 2005 COMMONWEALTH OF NNSYLVANIA ) ( SS.. i COUNTY OF CUMBERLAND ) WE, SAMUEL L. ANDES and LYNN EHRENFELD, 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 the testatrix sign and execute the instrument as her third codicil to her last wilt; that she signed it 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 codicil as witnesses; and that to the best of our knowledge, the testatrix was at that time t8 or more years of age, of sound mind, and under no constraint or undue influence. i Samue .Andes Sworn or affirmed to and acknowledged before me by the testatrix named above this ~ ~ O~1'1 day of ,U.~1~ , 2005. _ L~~ ~'6~^~i-" U Lynn Ehrenfeld ~, P:otarv P~b i;. NOTARIAL SEAL AMY M. HARKINS, NOTARY PUBLIC lEMOYNE BORO., CUMBERLAND COUNTY { MY COMMISSION EXPIRES 1AN. 3I. 2005 it ~ - - -