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HomeMy WebLinkAbout10-05-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS Estate of Blanche A a/k/a: a/k/a: a/k/a: PETITION FOR PROBATE AND GRANT OF LETTERS Stambaugh Deceased ESTATE NO: 21- SS NO: 184-20-L466 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary under the last Will of the above-named Decedent, dated _ 2/3/2009 and codicil(s) dated N A. (State relevant circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(g): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. 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 and complete list of .. heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divo ~ f proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows: -~ = ~ -- - U i.ame wauress Relationshi to Deced USE ADDCTIONAL SHEETS IF NECESSARY ent ^_ ~- "*] cal i ~ ~:JN N .. THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 2100 Bent Creek Blvd., Suite 237, Mechanicsburo Silver Spring Township, Cumberland County, PA 17050 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 84 years of age, died 9/27/2011 at Mechanicsburg, Cumberland County, PA (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: _If domiciled in PA All personal property $ 65000.00 If not domiciled in PA Personal property in Pennsylvania $ __ _If not domiciled in PA Personal property in County $ ___ _Value of Real Estate in Pennsylvania $ Total Estimated Value $ 65,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) n/a Signature(s) Name(s) & Mailing Address(es) %(~ f '~~~i~ ,~ - ~ Michael A. Troutman 49 Longview Drive, Mechanicsburg, PA 1705(1 [ntenm corm RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEA'~'!H WAIRNING: It is illegal to duplicate this copy by photosl:at or photogratah Fee tur this certifirlte. 5(i-iri) P 17~2~7 -~ Certification Number ,,~-- Iu~ i>~ ti, ~ It~~t hm nlurm-Ir.ion ht re si~~n i~ Irl rrl~~~~~~ ~~~~'~''~-~~ t:.11iL'CllV y1i. -~(', n i ..Ili t !Ir_111:11 (_Ch~I~I~ I(C O1 I)l'a~h arp~~~ s~ (I.il~ tilt~11 ~i)h I I I. .~,~ .Il i2<< I;[ru. I III I~ri~tln,ll gl ~ y' 1` c.It1l~irat~ 1 _!( ~ 1r'~,1;11cL1 t ~ tt),~ `>latr `v'ilai 0 m ~;I ~ ti i ~~~~ R~rtn:J~ t ui ~t, p ,~~r~~~l tnerr' lil(I,~~. , ~, ~a9rM~ a~,~~; ~ ~G~a~a2.o ~ /a~i¢a~~ ,~•~ pC1T_0 ~1 ~~111 _ _ ___ NT ~ j1~ ,call Ilr,~:ti?s~.u I~:II:~ i~~ut~Ll RIL(.C IIZUI?t~ OI~I~1C1? OI~ ?011 Oct 5 (I.I':R1~ OI~ OHPIL\tiS (:O~'lZ'l~ ( l'~111i1':R1.1~'X) (;OUIZ'1~, I' A I REV I u2DD6 / PRINT IN IMANENT 4CK INH COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instructions end examples on reverse) 1. Name of Decadent (Flrat middle, lest, suffix) 2. Sex 3. Sadel Seariry Number 4. Date a Dnem (Momh, day, year) B 1 a n c h e A . Stambaugh Female 184 _ 20 _ 2466 Sept®ber 27 , 2011 5. Age (last &Mtlay) Under 1 er Under 1 da 8. Date of BiM Monm, de , 7. Bi C and state a taai coum 8a. Plxe of Daam Check on ale ~+ vrs. Moea Days Hours MinNes January 14, ]927 Renovo, PA Hospital: ^ Inpatient ^ ER ! Oulpetbnt ^ DOA Other: rryye, YJ Nureing Horrme ^ Residence ^ Otha. - SpecHy. Bb. Count' of Death Bc. City, Born, Twp. of Death Bd. Facility Name (If rrot InsBlution, gNe street and number) 9. Was Decedent a Hlepanic OrIgM7 ®No ^ Yes 10. Race: American Indian, Black, Whlta, etc. (M yes, speclry Cuban, (gpe<yy Cumberland Silver Spring 'Bap. Bridges at Bent Creek Mexican, Puerto RMan, etc.) White 11. Decedent s Usual lion KkM of work done Burin most of worki fde. Do rrot slate refired 12. Was Decedent ever in the 13. Decedents Education (Specity Doty highest grade axnpleted) id. Marital SIeM: Merced, Never Merced, 15, Surviving Spouse (If w'rfe, give maitlen name) KIM of Work Klnd of Busineu/IMUS Registered Nurse Robert Packard ~Iosp U.S. Amred Forces? Elementary /Secondary (0-12) College (1-4 or 5+) ~~'ed, DNomed (SpealyJ . ^ vee (~ Nn 12 4 Married Dale C. St~lbaugh i6. Decedents Melling Address (Street, chy (town, state, zip code) Decedent's Did Decedent p PA ~ Silver S ri Aa l R id i Li 2]00 Bent Creek Blvd. Suite 237 ua es ence 17a. State ve n e t 7c. Yes, Decedent Lured In Twp Ci>mberland rownsnip? nd ^NO, pecezlem LNed w;min 17h D°"nry' Mechanicsbur PA 17050 actual limns of City l Bao 1 B. Father's Name (First, middle, last, suffix) 1g. Mother's Name (First middle, maiden surname) Joseph Claude Wi1lianLS Hilda E. Ditty 20a. Infortnem's Noma (Type 1 Print) 206. Infom~ent's Meiling Address (Sheet, city I lawn, state, zq code) Dale C. St~nbaugh 2100 Bent Creek Blvd. Suite 237 Mechanicsburg',, PA 17050 21 a. MetMtl of Disposdion ®Crematon ^ Donation 21 b. Data of Disposition (Hoorn, day, year) 2t c. Place of Disposition (Name of cemetery, crematory a other place) 21tl. Location (Ciry!town, state, zip cafe) ^ Budal ^ Removal from State ~ Was Cremation or Donation AuMOdred ^ Omer - S ~ ~ by Medlin ExeminerlCororeR Yee^ No 0 c t o b e r 4, 201 1 Ct3mberland Crenatory LLC Carl isle, PA 17013 22a. Signature of Furmerel Se ' nsee (or person ectirg as such) 22b. Ucense Number 22c. Name and Address of Facility - ~ L FD 012774-L Richardson Funeral 1•t(h3e Inc. 29 S. Enola Dr. Enola, PA 170'15 Complete items ac anty when certifying physician rs not avaAable at dme of deem is 23a. To the be owledge, de at me ' slated. (SigneNre end ti / ~ /)~ 236. tic se Number ~ ` ~ ~O 23c. Date Signed (Month, day, yeerl `^ certlry rake of deem. ~ //lv/ !1// ' ~ ~~D - / ~/ Items 24-26 must ce completes et' person 24. Time of Des 2 . Date P unced De d (Momh, y, year) 26. Was Case Referred to Medical Examiner !Coroner for assort Omer than Crematio or Dmetlon? who pronounces death. - / .IJJ ~~ ~7 // G-/ ~t - / ~~1~~ ^ Ves ~No CAUSE OF DEATH (See Inetruaions a ampks) m Approximate intervaC Pad II: Enter otMr simifxant andnons cantdbimgg is deem 2P. DN Tobacco Use Contnbute to Death? Item 27. Pan I: Enter ma chain of events - tliseases, injures, or canplicatpns -that directly caused tlta deem. DO NOT enter terminal events such as cardiac arrest, Onsal to Death but not resu0lnq in me underlymg cause gNen in Part L ^ Yes ^ Probabl respirelory crest, or venoicular imbnllatbn wimoul stowing the etidogy. List only one cause a each line. , IMMEDIATE CAUSE (Fin l tli y ^ No ^ Lnkrwwn a sease a condifion re5u18nq m death) _-~ a, ~ N ~ ~ ~~.~~ ~ ~ ~ J~ ~ ~ ~~~ I / 29. II Female: ^ Due to (a as a mnseque Q'. Nol pragnam wihin pall year $$aeopuemiellyy list condibotx, ti airy, b leading to the cause Nsted on line a ^ Pregnant at tlme of deem . Emer me UNDERLYING CAUSE Due to (or as a consequence o()~. ^ Not pregnant bin pregnant within 42 days (disease a injury mat iniUatetl ttre I of death events resulting m deem) LAST' ~ ^ Due to (or as a calseRUence o(f~ i Not pregnant, Hit pregnan143 days l0 1 year d 1 before death ^ Unknown it pregnant wbhln me past year 30e. Was en Autopsy Perfor ed? 30b. Were Autopsy Flntlings 31. Manner of Deem 32a. Date of In)ury (Hoorn, day, year) 326. Describe How Injury Occurted 32c. Place of Injury' Home, Farm, Street, Factory, m Avalleble PMr to Completion ^ Natural ^ Hemipde OfNce Building, etc. (spearyJ of Cause of Death? ^ Ves No ^ Ye5 ^ No ^ Accltlent ^ Pantlmg Investigator 32d. Time of Injury 32e. Injury at Work? 3N. I1 Trereponelbn Injury (SpearyJ 32g. Location of injury (Street city I lawn, state) t ^ Suicmde ^ Could Not ce Determined ^ Yes ^ No ^ DdverlOperata ^ Passenger ^ Pedestrian M ^ Omar - Specry~ 33e. Certifier (check any one) • CenlfyMg phyelchn (Physk;ian cenirying cause of deem when arwmer physician has prawunced death aM Completed Item 23 33b. SIgnaNra en TPoe of Certifier ^- i~ ~ rp1 To the heat of my knowledq, deatll aeumd due to the eauu(e) end manner as elaed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~-cY r/ •\ ~ ~ ~~ ~ r • PronaulacMg antl xrtllying phyalckn P pro g Hying to cause a deem ( hyeidan born nounan deem eM ce ' ) ' 330 lJcense Num 33tl. Date mgrretl (Month, day, year) To the but of my knowMdge, deem occurred st tM dme, dMe, and plea, end due to tlta auaa(e) end nunmr as ataled_ _ _ _ _ _ _ _ _ _ _ ^ ~ _ _ _ _ _ _ • Medkel EaammMlGaoner `~ ~ ~ ( 1 ~ S S ~ ~ ' ( m„-,. xj 2/' Z Z Q (t On tlx Wah of szaminstbn and! or investigelion, In my opinion, dstl(epeuned H the dme, Bete, orb plea, end dw to the auea(a) end manner u elated. ^ 34. Name end Atltlrus a Person WM Canpktetl Cfluee of OeaM (Item 27) ype ! Pm'inl J ~ ~ Il 35. Regi51reI8 SigneNre DlstMl Nu ' ~ I ~ / I a I ~I ~ I 36. Date FiI~{(Mon~h, day, Yurl d / a `^^ Q S Q ~ v\ S l 0 6 L~w"t1..Q,~ 0/ /O/.~/ ta•,._e ~e ~S I~oY3 Disposition Pertnd No. ~.6So ~~ THIS IS A COPY' OF YOUR WILL, THE ORIGINAL CAN BE FOUND AT GATES, HALBIEIIJNI'%R ~ HATCH, P.C. LAST WILL AND TESTAMENT 1013 MUMMA l3OAIy, Si1ITE 100 LEMOYNE PA 17043 OF (717 '731-9600 BLANCHE A. STAMBAUGH I, BLANCHE A. STAMBAUGH, now of 2100 Bent Creek Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, do publish and declare this to be my Last Will anti Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Familyand Background Information. I am married to DALE C. STAMBAUGH. We have no children together. My child from my previous marriage is MICHAEL A. TROUTMAN. Throughout this Will, DALE C. STAMBAUGH will be referred 'to as "my husband" or " my spouse," and MICHAEL A. TROUTMAN will be referred to as "my child" or "my son". The word "issue" will include my child as well as my other descendants. (B) Appointment of Executor. I appoint as my Executor and successor Ixecutor (all hereinafter referred to as Executor) under this Will, the following named persons to nerve without bond and without being required to account to any Court: Executor: My son, MICHAEL A. TROUTMAN. Successor Executor: My grandson, SHAWN J. TROUTMAN. SECOND: Funeral and Last Illness Expenses; Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, capon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will, out of my residuary estate, without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which. may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. ~~ 6~ LAST WILL AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 2 THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my son, MICHAEL A. TROUTMAN, per stirpes. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Family Home. [THIS ARTICLE IS INTENTIONALLY LEFT BLANK.] FIFTH: Residuary Gifts. (A) I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies or devises (and including any property over which'.[ may have a power of appointment), in the following amounts to the respective named and designated beneficiary: (1) TEN THOUSAND DOLLARS ($10,000.00) of the residue of my estate sh<~Il be distributed to my grandson, SHAWN J. TROUTMAN. (2) FIFTEEN HUNDRED DOLLARS ($1,500.00) of the residue of my estate shall be distributed to my granddaughter, SARAH TROUTMAN. (3} FIFTEEN HUNDRED DOLLARS ($1,500.00) of the residue of my estate shall be distributed to my grandson, JOSEPH TROUTMAN. - ~~/ - 1"J ~ , - LAST WII,L AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 3 (4) FIFTEEN HUNDRED DOLLARS ($1,500.00) of the residue of my estate shall be distributed to my grandson, STEVEN TROUTMAN. 1 give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies, devises or residuary bequests (and including any property over which I may have a Power of Appointment), to my son, MICHAEL A. TROI71'MAN, per stirpes. (C) Distributions During Administration. Prior to final distribution of my estate, the Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. A distribution may be made subject to any indebtedness or liability of my estate. SIXTH: Suendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SEVENTH: Powers of Eaeeutor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be ,generally conferred from time to time upon him by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such deeds and instruments as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1} To sell, exchange or otherwise dispose of any property, real, personal or mixed, at any time held or acquired hereunder, at public or private sale, for cash or on teens, without ,~. L-2 ~" _~ --- - ~~ ~ LAST WILL AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 4 advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting imrestments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (~ To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. ("n To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate, including the power to borrow at a reasonable rate of interest. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carryon the business thereof, to join with other owners in adopting any form of management for any business ar property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an ~j LAST WILL AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 5 investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in feE; simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shal l use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or ;shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem _ ~ ~,~5. LAST WILL AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 6 equitable and fair under all circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. (F) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be deterrnined in the discretion of the Trustee, then the Trustee shall distribute the property among such oi'the persons to whom the Trustee is authorized to distribute income, and in such proportions, as tYie Trustee in its discretion shall determine. (G) Unless the context clearly states otherwise, when the authority and power ur.~der this Will is vested in two (2) or more Executors, the authority and powers are to be held jointly by the Executors. A majority of the Executors may exercise any authority or power granted under this Will or granted bylaw, and may act under this Will. Any attempt by one such Executor to a.ct under this Will on other than ministerial acts shall be void. The action of one such Executor under this Will may be validated by a subsequent ratification of the act by a majority of the Executors. EIGHTH: Rights and Liabilities of Eaeeutor. No bond or other security shal l be required of any Executor. This instrument always shall be construed in favor of the validity oaf any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment of the estate, the overall performance of the entire estate shall be taken into account. L ---/_ _~ ~r '~)~ LAST WILL AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 7 Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. NINTH: Taz Elections. In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my sp+~use in such proportions as they may agree. In accordance with IRC Section 2632(a) and without. regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. TENTH: Definitions and General Provisions. (A) Survival. Any beneficiary, including my spouse, ~vho dies within sixty (60) days after my death shall be considered not to have survived me. (B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired, including income, which may belong to a Trust at any given time. (C) Children. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person, the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one share and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. --~-- Y LAST WILL AND TESTAMENT OF BLANCHE A. STAMBAUGH PAGE 8 (E) Other terms. The use of any gender includes the other genders, and the use ofeither the singular or the plural includes the other. (F) Captions. The captions set forth in this Will at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit tree provisions hereof or to affect in any way their construction and application. (G) Powers of Appointment are Eaereised. By this Will I exercise a.ny Power of Appointment which I may possess at my death. IN WITNESS VV)E~REOF, I, BLANCHE A. STAMBAUGH, the Testatrix., have to this my Last WiII and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my hand and seal this 3 a-, day of February, 2009. ~ ~ .1--- , BLANCHE A. STAMBAUGH Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and eight (8) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. G~~ ~~~> ~ ~; ~ (print name) `~ . ~i~.,~ik~ residing at ~~in` ~~Gc~_~~''_ residing at ~ a rc..~ ~~ P !Cl ~~ C~-Q~ t, t- . F 2. ~ n9 K ~q N 0 (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF av"~' The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~. Ls ~ Zvi ~% z_- GIB.-,,, i~-cZ~i, i, t_ ~( Testatrix ,~K) ' -- Witness /w a°. ~~..~,~_ Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this ~ day of February, 2009. ~.----~ COMMONWEALTH O_F PF?:iJSYLVANIA Notarial Seal Teri L, Walker, Nofary Public Lemoyne Elorc f,~ imrerland County My Commissia~~ i-~cpires Jan. 20, 2011 Member, PennsyH~ani: Association of Notaries