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Home My WebLink About11-08-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Sarah L. Mulroy a/k/a: a/k/a: a/k/a: Deceased ESTATE NO: 21- 1 ~ SS NO: 016-24-2482 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 e.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 3/12/2002 and codicil(s) dated 3/12/2003 Steven C. Mulroy, named as C-Executor, has completed a Renunciation which is filed simultaneous with the filing of this Petition. (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 afer 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(8): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durance 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 (]f Administration e.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 divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8). except as follows:- Name Address Relat o~shi to Decede `~- ~7 ^7S~ ~~ ~'~~~ ~" J l-•~ USE ADDITIONAL SHEETS [F NECESSARY' ~ C -- iJ THIS SECTION MUST BE COMPLETED: A --~-' Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 412 Black Latch Lane (Camp Hill), Lower Allen Township, PA 17011 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 94 years of age, died 10/29/2011 (Month, Day, Year of death) Estimated value of decedent's property at death Harrisburg, Pennsylvania (City and State where death occurred) If domiciled in PA All personal property $ 200,000.00 If not domiciled in PA Personal property in Pennsylvania $ _[f not domiciled in PA Personal property in County $ -Value of Real Estate in Pennsylvania $ 200,000.00 Total Estimated Value $ 400,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 412 BldCk Latch Lane, Camp HIII, PA 17011 Signature(s) Name(s) & Mailing Address(es) ~Z .7 i T~7 L. ~~ ~.! i ._ r"+"! ~~ O -z-, G Ellen C. McGowan, 354 Martingale Dr., Camp Hill, PA 17011 Interim Form RR'-02 revised 12.26.10 by Cumberland County pending action by the Coun Page I of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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 ~~+h day of ?J C,v ~ ~;, ~,~ l- ~ ~.-~ ~ ~ ~ 1,1 ~ c~ ,. ;o For the Register , ~ ~. ~ R,-~ ~ c __ ~~ --•- DECREE OF PROBATE AND GRANT OF LETTERS -~ -' ~~ ~,. Estate of ~~((~,~ L• ~(i ~ ( J ,Deceased File Number: 21- ZO ~ I - t Z Q 1 AND NOW, this ~ day of ~JrnA Q_ ,~ 2 ~ ~ , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) ~ .~ -P t'1 C Ivll'~z(ll,t I(~.i In in the above estate and that instruments(s) dated admitted to probate and filed of record as the Will and Codicil(s) of in the petition be rC®lenda Farner trasbaugh, Register of Wills ~Q-( ~ FEES: Letters .................... $ Will ........................ lei (10) Short Certificates z{0 (1) Renunciations....... y Bond ............................ Other ............................. ................................. . ............................... Automation FEE......... 5.00 JCS FEE ................... +i2^n322.50 tJic.J TOTAL ................ $ ~8-~~ Signature of Counsel Re to Enter ppearance Atty's Signature PRINTED Name: Richard E. Connell, Esq. Supreme Court ID No.: 21542 Address: 2303 Market Street Camp Hill, PA 17011 Phone: 717.232.8731 FaX: 717.232.2142 ~. , ~, ~ "' J ~~ -~ ~ °~, ;-,~-, ~~ o -~, Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 oft n5 r7 r~' r LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 17926477 Certification Number 1.114 REV 11/2008 YPE I PRtl4T IN PERMANENL BLACK INK This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Oyff.~ce for permanent filing. LG~ ~'l ~ _- IOV 0 2011 Local Registrar Date Issued n . :: _ ~ .. ~. -- _- ~1TC7 ...._ - _.. .,~ ; -:> rn f _ _ - -- ------- ~_ ' ~7 ...- tJ~• n ~ _~ T ; .. .1> ~ ~~ d C` "'rl COMMONWEALTH OF PENNSYLVANfA • DEPARTMENT OF HEALTH • VITAL RECORDS CORONER'S CERTIFICATE OF DEATH yQaa IwwM.walwww wwJ wvw wlww ~..._.._ cr.rr• ~„ ~ .n n.n~n 1. Kure a Dacedarn (Rrel, nidde, laa4 eulnxl z. Sax a Socel seculry Narbr ~. Dm a Oenh (MOMh, ar, Y~1 Sarah L. Mulroy Female 016 - 24 - 2482 October 29, 2011 s. Aga tf,el IlhtlNay) l1MU 1 uMu 1 a e. DW d BM1h (Mash, ?. aMpace rd ebb « >w. Pba d own cn.ck ana Mmaw Drys trwaa auwrl fbepiW: Otlrec 90 Yn. ~ December 10, 1920 Lynn, MA ^inpelbm ®ERIOutpatkM ^DOA ^NUCingName ^Reeitlence ^Olher-Spedly: eb. Camty d DmBi _ &. CiN, solo, Tap. d Daalh 8d. FaaWy Nam.ln nd Yetlhrton, Dhn aeaer aM ~) 9. wu Deaadem d f 8apanic origin? ®No ^ vea to. Rata: Amedran Fi6.n. Rleck wNm, ac. Dauphin Harrisburg (n yea, apetly' Canon, (SpMrj9 Harrisburg Hospital Mexba PuubRlgn ) ab g , . White 11. Decedxda Und Kam d aalk dun acct d ta. Do not wN 12. Wm Deadeye ever n do 1a DaadwtlY Edlcatlon (Speony ody higMat pvk opmpNlad) 11. AbdW 96h1a: MarIW, Nava Manbd. 15. Surviving Spoua (n atle, pNa maben name) IOM d waw KhN d &rMnw / /Mushy V.S Amnd Faces? Ebrrenhry I Sawrdary (o-t2) cow (t ~ or 5F) wbOM'ed~ a`°n''°d ISM Homemaker Domestic ®rm ^NO 12 4 Widowed i6. DeoedenYe AWMr7 Adams (StroeL dY /town, arm, 2V oadel 412 Blacklatch Lane Deadens Did Decadent Adwl Reaidena na. Sne - Pennsylvania thane 17o.(~vea Duwdudlhrodn Lower Allen T »- Camp Hill PA 17011 T7 ,?b. Cary Cumberland 17d ^ ~ ~~+ , AaualLn:ha Citylllao 18. Fatlnrs Name (Fha1, mtlda, beL uAdx) 18. Momer'e Name (Bret mklde, maben eumeme) John. Cornelius Cou hlin Ruth Constance Hannan 20e. InbrtMrRa Nana (Type I Pdr4) tab. InbmaM's Madhlg /dame (S1reN, tly /ban, atsb, rip safe) Ellen McGowan 354 Martin ale Drive, Cam Hill, PA 17011 21t Madcd d I ^ ~bn ^ OoWIOn 21b. Den d DlepaWon (MoM, day, year) 21c. Plana d Dbpatlbn (Kra a amuuy, aanWOry «adwr pha) 21tl. Lceatlon ICIy /town, ems, rip node) ® &rid ^ Banque( loan Stm ! yym f?annliorr«Dartlm AWcrbad p ounr-seedy: ' hyMaNnlExunhwrlCorornR ^vm^No November 2, 2011 Gate of Heaven Cemetery Upper Allen Ttap. , PA 17055 72e. d ( sc8rq m wdl) 22h. L'eana NumWr 22t. Nome aM Ad6ms a Feeeny - FD 013 340 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070 ConplMa name 23ee ay atierl Ceatlyhlg 23a To tln flea d my bxrMedBe, dmlh oxurred al pn tlma, ripe aM else ehnd. (Sigmnae and 1Me) 23b. Lianx Number 23c. Dale Sgnetl (Moray day Year) physitlen b not awibble M ems d dee01 b , , «rlay aar d dmm. Bum 24.28 met m oanpehd W person 21. tans or Dmm 25. Date Pmrounad Dmd (Mash, dry, year) 28. Nhs Case Referred b Madkal Examiner / c«oner for a Reason War than Cremation « DanNlon7 w~ r~xnm ~+ 05:42 A M. October 29, 2011 ®yy ^ ~ CAUSE OF DEATH (Sne Inntrtletlona and eaannpbs) r Approaknefe Ndervd: thm 27. Put L• Enter nr GOtlDSl,OYOWS - d'aemm, iripaim, a aonptlatkne - tM directly ceased tln dean. DO NOT edar taMnel evue6 euM a striae styes, 1 Owes b DeeN Put II: Fsqu otlnr M nd rmutlhlp n tlh uMedying Huse given n Pad I. 28. Db Tabeoro Use Caardxa b Deap~? ^ yes ^ Probahy . aeplMay urml, «vadrkWr fbdbtlon wMad aMwMq the etlobpy. Lbl oNy one tale on each Ina. i YMEDIATE CAUSE tFoal dimme « 1 .~} NO ^ IA11alaNn anatlm rmMlYgnEeem) ~ ~ Probable Myocardial Infarction ~ zB.nFemab: Due b (« m ^ canaaguana ot): ; ^ rroI WeBnun whim Pen yea Seq~uWv Im~dnnpa b tlw a ~ on N~ie e. b. r ^ Pregnrd a11Ym a deeN EmrBn IMWERLYING CUBE rite b (a m a mnequence op: r ' ^ Nd arepnm, d,t pngnea alnn az mn ~. 1 ~,ara re a~il~,~mrn° r d auto Duab orma ( mnaglnnce oQ: ^ Na Pregnnl• but pretlrianl /3 days b 1 yar d, ~ i hMore dmtlt ^ DNCam if Prepem within the pmt year 3oa Wm sn Aubpey Padariad7 300. Wen Aubpay FmOnga AvelaMs Prior ro Cencletla 31. Mwiu d Death 32a. Dab d Ir(uy (Mash. dry, year) 32n, Describe Flow Inwry Omared 32c. Plane d Iryury: Hans, Farm, Street, Faaay, d Ceub d Omm? ®Nenxd ^ tbmldde Office Buidnp, etc. (SPeu?i'1 ^ Ym ®No ^ Ym ^ No ^ Aaiduit ^ PeMllp Immlgodon 32d. ram d kfury 32e. hiArry ar Wark? 321. H Tmepabtlm Iryay (SPedlyJ 3zp. L«atian d Iry'ury (shat. «Y I tovm, abtel ^ Suede ^ CoiM Nd ba Delermhed ^ rm ^ No ^ Driver y DDerator ^ Pa•a•ntlu ^PedmlNn M Otlrr - Spedly: 33a Csntlhx (arsdr say one) 33b Sgehee aM Tide d • drtllrlrw PhY~ IPhyNdur autllynp caws d aeon, when endow DhYsldan naa praouMed dean rd mrpneo Ibm 29) TelM hwdmy broaMdga. deathowlwad Aerofh auaa(a)and manrwrasl.d__________________~__~~__________^ - Graham S. Hetrick, Coroner ' Prorcrndrq alyd aa0ryhlg phyalelrl.(Phypdui bath pmtlpa¢alg tlseei eM artllying b sues a deem) To tlw hw d my lalorladgs, deeM snorted u the din4 dab, and pea, alld dw ro Ore cwaa(a) sad mamer m abbd, _ _ _ _ _ _ _ _ _ _ _ ' _ _ "" ^ 33c. tJCewe Number 33d. Doh Sped (MOdh, day, ymr) . re.elw Er.drnr r coranr October 31, 2011 On tlta ham d amneatla and 1 «NwatlgMlon, b my oplrbll, deem oecumd M tM.Brea, dab, and etas, and dw ro the sweep) aM manrrr a atabd_ 3/. Name arc Addeo d Pena Who Conpbted Caws d Dmdr (Hem 27) Type /Prim ~ fl°~8Y` °~" - ~ ~ 07~ /~ °~~ ~ ~ / I x. Doh ( dn'• ~ /~~i~~G // Graham S. Hetrick 1271 South 28th Street Harrisbu PA 17111 oywadrn Pertnn No. _ _ V 10:.] V l O "~ RENUNCIATION Cumberland REGISTER OF WILLS COUNTY, PENNSYLVANIA n `~ S7 -t-j ~__T_~-~ ~- ~> rn =z~ ~:° c~~ ~, _~ ~_, ~ '~ C.% `r, ~- =; ~-- .u .~ --~ n i cu :~~ ~ '~ ;'i '' __ i c~ C7 -r, Estate of Sarah 1r,.Mulroy ,Deceased I, Steven C. Mulroy , in my capacit as (Print Name) Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Ellen C. McGowan October 31, 2011 (Dare) ~~ (Signature) 14329 Tunsberg Terrace (.Street Address) Midlothian, VA 23113 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Form RW-06 rev. 10.13.06 Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he er~t executed the renunciation for the purpos stated within on this 3! jr day of c~b~' oZo// ~1 ~7 ~ ~, a ~ot Public ~' y mmission Expires: ~u..~. .tl~ ,ZclS (Si re and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) ~~~ CAMP NILL BDRO, CUMBERLAND COUNTr MY COMMISSION EXPIRES JUNE 21, 2015 LAST WILL AND TESTAMENT OF SARAH L. MULROY ,--~ ' ' ~;$, _.. _., ...__..,q -; - KNOW ALL MEN BY THESE PRESENTS, that I, SARAH L. rM~~2,O~'-; of ~ _ 412 Blacklatch Lane, Camp Hill, Lower Allen Township, Cumber~~`x~drCou~ty, ` - .. Pennsylvania, do hereby make, declare, and publish this as my L-~~t Will~-_and Testament, hereby revoking all former wills and codicils heretofore made by me at ~~~ t_-; _V., any time. FIRST: I direct that my Co-Executors, 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. SECOND: I bequeath my automobile and personal effects, such household goods, if any, as may be my individual property and other tangible property of like nature (not including cash or securities), together with any existing insurance thereon to my children, living on the thirty-first day after my death, or if any child of mine has predeceased me leaving issue to survive him or her then to his or her issue, per stirpes by right of representation and not per capita, to be divided among them by my Co-Executors with due regard to their personal preferences in as nearly equal shares as practical. Any such personal things not so divided shall thereafter be disposed of by my Co-Executors by public sale or in such manner as my Co- Executors shall select, and all proceeds therefrom shall form a part of the residue of my estate hereinafter disposed o£ Any such article or articles allotted to a minor may, as my Co-Executors think advisable, either be delivered to the minor or any person to hold for the minor, or be sold and the proceeds paid for the benefit of the minor to his/her parent or the guardian of his/her property or to any trust which, during my lifetime, I established for the minor. Any such article or articles allotted to my son, THOMAS H. MULROY, may, as my Co-Executors think advisable, either be delivered to the said THOMAS H. MULROY, or any person to hold for him or be sold, with the proceeds of such sale to be paid to the Trustees appointed herein as property distributable for the benefit of THOMAS H. MULROY, as hereinafter provided in Item FIFTH hereof. J -1- THIRD: I give to the Trustees hereinafter named to be included as part of the trust estate to be held for as provided under ITEM FIFTH 2. hereof, Thirty-Five Thousand ($35,000.00) Dollars whether by cash or other property. FOURTH: During my lifetime, I have established trusts for each of my grandchildren pursuant to Section 2503(c) of the Internal Revenue Code. At the time of executing this Will, there are certain of my grandchildren to whose trusts I have made some annual contributions. It is my intent that each trust below listed for the named grandchildren, should receive a distribution from my estate, to assure that the total of all gifts to a named beneficiary's trust made during my lifetime and as supplemented at my death pursuant to this paragraph shall equal Fifty Thousand ($50,000.00) Dollars. The amount of the additional gift pursuant to this Will to be added to the lifetime gifts is to be determined upon my death, by subtracting the gross value of all lifetime gifts made to each such trust (as computed by using the average price per share on the date I executed irrevocable instructions for such gifts, or if no such irrevocable instructions were signed, then on the date I gave directions to my stock broker or the transfer agent to effect such gift, times the number of shares transferred when each such lifetime gift was made), from $50,000.00. I give that extra amount for each such trust either in cash or stock as my Co-Executors shall determine. For either of the referenced trusts to which my Co-Executors determine, in their sole discretion, that I made lifetime gifts totaling $50,000.00, pursuant to my annual gifting plan, no gift hereunder is made. The Trusts to which, as of the date of this Will, there have not been lifetime gifts totaling $50,000.00 are: GIFT TRUST FOR BENEFIT OF JILLIAN M. SELLERS; GIFT TRUST FOR BENEFIT OF NORA McGRATH MULROY. FIFTH: I give, devise and bequeath the rest, residue and remainder of my estate, real, personal and mixed and of any nature whatsoever and wherever situated, in equal shares, one share for each child then living or dead represented by descendants then living (per stirpes and not per capita), but further provided that, if my son, THOMAS H. MULROY, shall survive me, his share shall be held in separate trust, as set forth in Paragraph 2(a) of this Item FIFTH, by the trustees herein named, and provided that if any descendant of any child of mine, which descendant inherits by representation entitled to distribution shall be under age thirty-five (35), the share of such descendant of any child of mine shall be held, in separate trust by the trustees herein named, for and upon the trusts, purposes and conditions hereinafter set forth: ,. Gz.- .-t -2- 1. For any such descendant of a child of mine who, at the time of the creation of his/her trust, is younger than thirty-five (35) years of age, the Trustees shall distribute to him/her one-half (1/2) of the principal of his/her trust upon his/her attaining the age of twenty-five (25) years. When he/she shall have reached the age of thirty-five (35) years, the Trustees shall distribute to him/her the balance of his/her trust. Before he/she reaches the age of thirty-five (35) years, the Trustees shall pay all of the net income of his/her trust to him/her or for his or her benefit in convenient installments at least as often as quarter annually. 2. The share of my son, THOMAS H. MULROY, (as used herein in this paragraph 2 and its subparts, sometimes referred to as "beneficiary") as determined under the provisions of this Item FIFTH also including the gift specifically made under Item THIRD, shall be held primarily for him and to promote his comfort and happiness, by the Trustees, IN TRUST, for the following uses and purposes since he has been unable to support himself for years due to mental illness and therefore has been receiving governmental assistance to meet his basic needs: (1) The intent of this Trust is to enhance Tom'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 not to supplant any such benefits. All actions of the Trustees shall be directed toward carrying out this intent. THOMAS H. MULROY, 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 Trustees may, in their absolute discretion, distribute so much income and principal for the benefit of the beneficiary as the Trustees, in their 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 Thomas and the trustees may accumulate the income and add it to the principal of the trust. The Trustees are 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 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 r -3- 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 Trustees, in the Trustees' 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 THOMAS H. MULROY. The Trustees shall not be required to distribute income currently. The Trustees 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. However, while the Trust remains in existence, the Trustees may also expend such amounts of income and principal therefrom as they, in their sole discretion, may deem necessary for the health, maintenance, support and complete education of my other children but only if the Trustees determine that such child or children do not have sufficient assets otherwise available. Nevertheless, this trust is primarily for Thomas's benefit and his present and future needs shall be considered first. Any determination made by the Trustees 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 Trust may apply for the benefit of THOMAS H. MULROY for his lifetime, such amounts of principal or income, up to the whole thereof, as the Trustees in their discretion may from time to time deem advisable for the satisfaction of his 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 Trustees, 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 Trustees shall not by their actions in any way reduce the actual or potential services or financial assistance for basic maintenance, support, t -4- 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. Furthermore, because this trust is to be conserved and maintained for the special needs of THOMAS H. MULROY, 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 any other state, or the United States, or any other governmental agency. (c) Public Benefits. Because Thomas seems to be unable to maintain and support himself independently, the Trustees shall, in the exercise of their best judgment and fiduciary duty, in making distributions to on behalf of the beneficiary for special purposes, take into consideration the applicable resource limitations of the 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 THOMAS H. MULROY. If terminating on the death of THOMAS H. MULROY, the Trustees shall distribute any remaining principal and accumulated income, in equal shares, to my then living issue, per stirpes. Thomas 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 Trustees' discretionary right to invade trust principal for the beneficiary herein has the effect of rendering the beneficiary ineligible for Supplementary Security Income (SSI) or any other public program, the Trustees shall terminate this trust, and the undistributed balance of the trust estate shall be distributed free of trust in equal shares to my sons, RICHARD L. MULROY and STEVEN C. MULROY. ~~ , -5- In determining whether the existence of the trust has the effect of rendering said beneficiary ineligible for SSI or any other public program, the Trustees are 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. (f) Expenses. Upon the death of THOMAS H. MULROY, the Trustees in the Trustees' 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 Trustees, their attorney, and other agents) if, in the Trustees' sole discretion, other satisfactory provisions have not been made for the payment of such expenses. The Trustees shall make no payments for obligations incurred for said beneficiary's health, support, and maintenance if the Trustees shall determine in their 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. SIXTH: 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 beneficiary shall pay all costs including but not limited to attorney 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 had predeceased me without surviving issue. SEVENTH: 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. EIGHTH: My Co-Executors and Trustees and their successors shall have, in addition to the powers and authority conferred upon them by law, the following additional discretionary powers and authority: (a) To retain any property received by them. (b) To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of trusts herein ,? ~: -6- created, and upon such terms and conditions as the Trustees or Co-Executors shall deem wise. (c) 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 the Trustees or Co-Executors shall deem wise, without being limited by any statute or rule of law regarding investments by the Trustees or Co- Executors. (d) 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 Trustees or Co-Executors would purchase as an investment; and even though to retain such property might violate sound diversification principles. (e) To cause any security or other property which may at any time constitute a portion of a trust or of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. (f) To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of a trust or of my estate, and to take any action with reference to such securities which, in the opinion of the Trustees or Co-Executors, is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to them as the owner of any securities constituting a portion of a trust or of my estate; to accept and hold as a portion of a trust of my estate securities resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. (g) To pay all costs, taxes, charges and expenses in connection with the administration of a trust of my estate, including compensation to the Trustees or Co-Executors. (h) 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 Trustees or Co-Executors may determine. (i) To transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by them, at public or private sale or otherwise. -7- (j) 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. (k) To make distribution in cash or in kind. (1) To execute and deliver all documents necessary or appropriate for the exercise of their powers. (m) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of a trust or of my estate. NINTH: And I do further direct that: (a) No Executor or Trustee shall be liable for any loss resulting to his estate from any investment or reinvestment made or retained in good faith. (b) No Executor or Trustee shall be liable for any loss to my estate or to any trust fund thereof unless the same shall occur through his own gross neglect or willful malfeasance. TENTH: I hereby designate my sons, RICHARD L. MULROY, and STEVEN C. MULROY, as Co-Trustees of the trusts created herein. If, at any time, by reason of death, resignation or otherwise, either of my Co-Trustees shall fail to qualify, then the surviving Co-Trustee may and shall continue to act as Trustee of the trusts without need for appointment or replacement. The Co-Trustees shall be reimbursed for expenses on behalf of the trust or trust estate and shall receive reasonable compensation for extraordinary services rendered to the trusts or trust estate. Trustees shall be entitled to reimburse themselves for any personal costs incurred in the administration of these trusts and for any of the expenses of the trusts they have paid. ELEVENTH: This situs of the Trusts created herein for all purposes shall be Cumberland County, Commonwealth of Pennsylvania. TWELFTH: No Trustee acting hereunder shall be compelled to post bond or enter security notwithstanding any provisions of law to the contrary. THIRTEENTH: If any beneficiary under the foregoing provisions is under the age of twenty-one (21) years, the Trustees are authorized to deliver such share ~'. . ~ to any individual or trust company selected by them, including one of the Trustees, as Custodian for said remainderman under the Uniform Gifts or Transfers to Minors Act of the state where the beneficiary resides. FOURTEENTH: I hereby nominate, constitute and appoint my son, STEVEN C. MULROY, and my daughter, ELLEN C. McGOWAN, as Co-Executors of this my Last Will and Testament. I direct that no Executor appointed by me in accordance with this paragraph shall be required to furnish any bond or other security for the faithful performance of his duties, notwithstanding any provisions of law to the contrary. If at any time by reason of death, resignation or otherwise, either of my Co-Executors shall fail to qualify or cease to act as Co-Executor, then the surviving Co-Executor may and shall continue to act as Co-Executor of my estate without need for appointment of a replacement. FIFTEENTH: 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; that my Co-Executors pay, or provide for payment of all such taxes at such time or times, and in such manner as my Co-Executors deem best. SIXTEENTH: I authorize my Co-Executors to make, in their discretion, in whole or in part, any election or allocation with respect to the Generation-Skipping Transfer Tax under Chapter 13 of the Internal Revenue Code. My Co-Executors shall be without liability to anyone for making or failing to make such election or allocation or the manner in which such allocation is made. IN WITNESS WHEREOF, I, SARAH L. MULROY, the Testatrix to this my Last Will and Testament, typewritten on nine (9) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal this /a~ay of ~ra-2 ~~ , 2002. ~n ~~~.~ __ i. o~ ~n (SEAL) SARAH L. MULR( ~-, -9- The preceding instrument consisting of nine (9) typewritten pages, each identified by the signature of the Testatrix, SARAH L. MULROY, was on this day and the date thereof signed, published, and declared by SARAH L. MULROY, 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. ... ;~ ~~ 1'/lc, _. _Y, ,/~~ e C ei ..CU`"L - IQ - COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND I, SARAH L. MULROY, the person whose name is signed to the attached or foregoing instrument, having been qualified according to law, do hereby acknowledge that I signed the instrument as my Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. L' =_z SARAH L. MULROY Sworn or affirmed to and acknowledged before me, by SARAH L. MULROY, the Testatrix, this /,~ `day of ~- , 2002. i/ ~. Notary ublic .' ~l07AFtIl~L Sal. C~LOW~4 J. CCPPL~Sl~17H, l~ota~t Ptrb!!s C !i!!! Bau, Gurr~e~farx! Co~ntp c«nmisaia, ~;,~ Jude z~, zoo3 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND We, ~7c/ n /~a~ie / erno{~a /Uancy ~. ~o~oe/~ and !!~~ , /~Ic~ion~ ,G . o.,nc// ,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 SARAH L. MULROY, 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, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by ~rk./cn /~Q/'ie ~"PPor4~a , and /jjon~y ~ . ,(offer ,and ~;'cl~ur~cl ~'. ~onne// ,witnesses this /,~~` day of /Zl4~c~i , 2002. \ % ' Notary u lic NOTAi~AL 3EAl C~iLOitlA J. COPPERSMITH, Nosy Pt~l Camp HNI moo, t~xt~sti~d Co~aniy E;ommfeeipn ,k~ 2i, 2003 CODICIL TO THE WILL ~ ,~ ~, SARAH L. MULROY -""=' =r= `~~ `"' `--; `-: ~ -~, t~ _r,F.~ _~.~ ._' .Sy .,- I, SARAH L. MULROY, having made my Last Will and Testament dated March`~~ ` 12, 2002 do hereby make, publish and declare this to be the sole Codicil to my said Last Will and Testament. I. I hereby delete Paragraph Fourth as set forth in my Will dated March 12, 2002 and in its stead provide the following: DURING MY LIFETIME, I HAVE ESTABLISHED TRUSTS FOR EACH OF MY GRANDCHILDREN PURSUANT TO SECTION 2503 (c) OF THE INTERNAL REVENUE CODE. AT THE TIME OF EXECUTING THIS WILL, THERE ARE CERTAIN OF MY GRANDCHILDREN TO WHOSE TRUSTS I HAVE MADE SOME ANNUAL CONTRIBUTIONS BUT NOT AS FULLY AS FOR OTHER GRANDCHILDREN. IT IS MY INTENT THAT EACH TRUST BELOW LISTED FOR THE NAMED GRANDCHILDREN, SHOULD RECEIVE A DISTRIBUTION FROM MY ESTATE, TO ASSURE THAT THE TOTAL OF ALL GIFTS TO THE BELOW NAMED BENEFICIARY'S TRUST MADE DURING MY LIFETIME, AND AS SUPPLEMENTED AT MY DEATH PURSUANT TO THIS PARAGRAPH SHALL EQUAL FIFTY THOUSAND ($50,000) DOLLARS. THE AMOUNT OF THE GIFT, IF ANY, PURSUANT TO THIS PARAGRAPH SHALL BE DETERMINED BY SUBTRACTING THE GROSS VALUE OF ALL LIFETIME GIFTS MADE TO SUCH TRUST (THE LIFETIME GIFTS TO BE COMPUTED BY USING THE AVERAGE PRICE PER SHARE ON THE DATE THAT THE PRIOR GIFTS WERE MADE -THE DATE THE GIFTS WERE MADE BEING DETERMINED BY THE DATE OF THE EXECUTION OF IRREVOCABLE AND INSTRUCTIONS FOR TRANSFER OF SUCH GIFTS TO THE TRANSFER AGENT, OR IF NO SUCH IRREVOCABLE INSTRUCTIONS WERE SIGNED, THEN ON THE DATE I GAVE DIRECTIONS TO MY STOCKBROKER OR THE TRANSFER AGENT TO EFFECT SUCH GIFT THAT AVERAGE PRICE TO BE MULTIPLIED TIMES THE NUMBER OF SHARES TRANSFERRED ON THE DATE WHEN EACH SUCH LIFETIME GIFT WAS MADE) FROM THE AMOUNT, FIFTY THOUSAND ($50,000) DOLLARS. I GIVE SUCH EXTRA AMOUNT, IF ANY, FOR EACH NAMED ,~ ~. -1- _,-, ~~ „T ` L' ~ LJ __j.., TRUST EITHER IN CASH OR STOCK AS MY CO-EXECUTORS SHALL DETERMINE. IF THE CO-EXECUTORS DETERMINE IN THEIR SOLE DISCRETION THAT AS TO THE RESPECTIVE TRUSTS I DID MAKE LIFETIME GIFTS TOTALING FIFTY THOUSAND ($50,000) DOLLARS, NO GIFT TO SUCH RESPECTIVE TRUST IS MADE HEREUNDER. THE TRUSTS TO WHICH AS OF THIS DATE THERE ARE NOT OR MAY NOT HAVE BEEN LIFETIME GIFTS TOTALING FIFTY THOUSAND ($50,000) DOLLARS ARE: GIFT TRUST FOR THE BENEFIT OF JILLIAN M. SELLERS; GIFT TRUST FOR THE BENEFIT OF NORA McGRATH MULROY; AND GIFT TRUST FOR THE BENEFIT OF CHRISTINA MARIE MULROY. II. In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated March 12, 2002, together with this sole Codicil as and for my Last Will and Testament. IN WITNESS WHEREOF, I, SARAH L. MULROY, the Testatrix to this Codicil to my Last Will and Testament, typewritten on three (3) sheets of paper which I have identified at the bottom of each age by my signature, hereunto set my hand and seal this j~76~ day of ~ , 2003. n '~CUL~'Z, ~, 2 (SEAL) SARAH L. MULROY r ~. -2- The preceding instrument consisting of three (3) typewritten pages, identified by the signature of the Testatrix, was on this day and date thereof, signed, published and declared by SARAH L. MULROY the Testatrix therein named, as and for a Codicil to her Last Will and Testament, 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. ~~.J h,`v°~.,~ ., -3- COMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: We, ~a.,-c~~, ~'I~ ~anne/I l`Ii~~tR~D C . <ar-~QU ,and llek J~1 `G~~ 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 SARAH L. MULROY sign and execute the instrument as a Codicil to Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testatrix, signed the Codicil to her Last Will and Testament as witnesses; and that to the best of our knowledge, the Testatrix was at the time eighteen or more years of age, of sound mind and under no constraint or undue influence. _,~ ~- r ~ r~~_ Sworn or affirm/ed to anJ d subscribed to before me by ~11ar«-~ rn. Can» ~ ll , ~ctiRR.O ~=. C.GKhE'~! and ~Ile-, ~t~~~,t ,witnesses, this ~~ day of /LJarch , 2003. ~.~ ~7 /._.. _ ~ISN'r ~. Vtl~4'GR~~,~,,„ f Wliuyi. . l~G~ ~ mRi ry~yy~~~i~~~'yy Z~. ~ . -4- 4 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND . I, SARAH L. MULROY, 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 a Codicil to my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~~2. x-12 ~ . i% 2~-~~ SARAH L. MULROY Sworn or affirmed to and acknowledged before me, by SARAH L. MULROY, the Testatrix, this /a`~`day of /tlwr~h , 2003. ~~ ~ ~. -s- t~'AI~. S'Et~ ~. ~~ ~ ~0. ,