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Home My WebLink About01-30-12PETITION FOR GRANT OF LETTERS REGISTIER OF WILLS OF __ Cc~~M6r~c.~x~i~ COUNTY, PENNSYLVANIA Petitioner(s) named btrlow, who is,tare 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)'the following and respecttitlly request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Jo r41~ !t G-~s !} a/k/a: a/k/a: Date of Death: ;~'.~~~~~-R.Y 1 7 ~ ~~,~ y~ Decedent was domicih#d at death in _ GUtvtP~~~~t ~ County, principal residence at ~; 3~ ~2t C Ft T~n-+ P~~ Street address Post Off' d File No:~~,~1 ~ ` (Assigned by Register) Social Security No: a o 3 (~ ~ 7 Age at death: ~ v~ ~l CS. rce an Zip Code City, Township or Borough County Decedent died at P~"'~`t'Ml.t 1+t~~L1~Fa SyS~,r,g }{,}p~tS 3Jr2G 1'1°st't~h ~PrvPl~l-!N t7 to ( P~ Street address, Post Office and Zip Code City, Township or Borough Count Y State Estimate of value of decedends property at death: If dontici[ed in PennsylDania ............................ All personal property $ Ijnot domiciled in Pent~sy[vania ........................ Personal property in Pennsylvania $ Ijnot domiciled in Pent{sylvania ........................ Personal property in County $ Value of real estate in P~ennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $_ yDo, o oa Real estate in Pennsylvania situated at: 5 3 ~ ~fL(C-tl-rv rl P6,~C~ ~'0~ ~I ~~i~trr/! Cf (,tj t//jl, (Attach additional sheets, ifneceSsary.) Street address, Post Office and Zi Code ~~ ~ ~~ BF~t.A~~ P Ctty, Township or Borough County A. Petition for Prdbate and Grant of Letters Testamentary Petitioner(s) aver(s) he/slhe/they is/are the Executor(s) named in the last Will of the Decedent, dated A Pti t L '1 2d o thereto dated - 9 and Codicil(s) State relevant circumstances (eg. renunciation, death ojexecrr[or, etc'.J Except as follows: after the execution of the instrument(s) offered for probate Decedent did not many, was not divorced, was not a party to a pending divorce proceeding whey@in the grounds for divorce had been established as defined in 23 Pa. C.S. § :!323(8), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Gr:ijnt of Letters of Administration (If applicable) c.t.u., d. b. n., d.b.n.c.t.u., pendente lite, durunte absentia, durance minoritate If Administration, G!,t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decec(ent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8) aUid was neither the victim of a killing nor ever adjudicated an incapacitated person. ^NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a propertsearch has/have ascertained that Decedent lefr no Will and was survivedby the following spo~e4i$any) and }I'efi's (attgt~r additional sheets, iJ~neces.~ury): ~'~- ~~77 ~ ~ rn Name ', Relationshi y -^ C~ =: ~1 Address _~ ~~ _ ~ O ~, -rt ~ i _ ` ~ ~~ ` s _y f '~f3 .. (Stare) with his/her last c~~N(3ER t.M..l9 FornrRW-n1 ,-e~. tnitiiznti Page 1 of 2 Oath of Personal Representative ~~} -or~~~at u . f i~~.ti~ r! _ t...~J CO~(VtONWEALTH QF PENNSYLVANIA } } SS: ,.;aa. ,,~^, ~'~'~ .f~,~ 30 ~ 9~ c~3 COUNTY OF (',(,~ ~'T~ } Petitioner(s) rinsed Name ~y'•';'~ ~' Petitioner(s) Prince The Petitioner(s) above-na ed swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as~ersot:al Representative(s) of the Decedent, the Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed a d subscrit;ed before _ ~~ (~ ~C>~-- Date 1-L~-1 Z me 's .rLlr day of V ~ Date sy~ ~ ~, , , Date For the ite~ister ' Date BOND Required: Q ~'ESO To the Register of Wi!!s: FEES: ', ~~`"'''``"`'"''"""`' Please enter my appearance by my signature below: Letters ...................... $ 'f?~U ( S )Short Certificate(s)...... ~ ~j ( ) Renunciation(s)L....... . ( )Codicil(s) ............ . ( )Affidavit(s)...., ....... . Bond ........................ Commissi o n................. . / n Other _-1~`I~/~ ....... 1 ~~ .......... Automation Fee ............... ~~- 1CS Fee . .................... ~~ TOTAL ..................... $~ Attorney Signature: Printed Name: Supreme Court ID Number: Firm Name: Address: Phone: Fax: Email: DECREE OF THE REGISTER Estate of a/k/a: AND NOW, satisfactory proof ha me Instrument(s) dated described in the Petitio be Fmm RW-0? rev. 10/I1i20!! ;scented before me, IT are hereby granted to _, ~l ~- , in consi~era ion of the fore oing Petition, ECREED that Lett rs bE° ~~~~-~ FileNo• ~f -- SO~-~ ~' to the above estate and (if applicable) that to probate and filed of record as the las Will (and C dicil(s)) of Decedent. ~ '~ Register of ' 1 Chi/ G Cl/t/ Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION! OF DEATH WARNING: ~ ~Irt1~0 1t~ate this copy by photostat or photograph. ~~taaa 9 ~~~ ' 1, yq! I Fee for this certificate, $6.00 ~~ This is to certify that the information here given i. ~~~'~ '~~~ ~~ ~~ ~; correctly copied from an original Certificate of Deatl duly filed with me as Local Registrar. The origins ~~ ~, certificate will be forwarded to the State Vita ~~~IS L0~(~r Records Office for permanent filing. 7 i P 18 2 2 6 7 5 2 !, ~~~~~~-~~ c;~~ ..P ~ ~ /~ ~ z Certification Numbe~ r ~- Type/Print In ' Local Re ).strar Date Issued COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS Permanent it 1. Deudent's Legal Name (First, Middle ~~ yr vG/y s A State Flle Number: Last, Suffix) John H. Losh Sa A e-Last Bi thd 2. Sez 3. Social Security Number 4 Date of Oesth (Mo ~~r) ( 11 Mo Male 203-10-5097 d~~ . g r ay (Yrs) Sb. Under MencM Year Se. Under 1 Da B. Date o1 Birth (MO/Oay/Ywer) (Spell Menth) 7a. BlKhplacw (City and 5 or Foreign Mry) D.Ya tioura Mlnu:es 97 Harz- abur PA ga. Residence (State or Foralgn Country December 15 1924 7b. Birtnplece (County) Bb. Residence (Street and Nu be I l d Penns lvania m r - nc u e Apt No.) Bc. Did Oeeedent Liw In a Tewnshlp7 536 Brighton Pla Bd. Residence (County) ce $7ves, decadent Ilved In Unper Allen _ L Calmber land _ wp 9. Ever In VS Armed Forces? 10 8•. Residenp(21p Code) QNO, decadent Ilwtl within limits of city/boro Marital St t ® Yes Q No Q Unknown . a us at nma of Death Q Mewled WI ow 31. SuMVin S ( g D Divorced Q Never Married Q Unknown g Pouse'a Name If wife, ive nam rlor to first marriap) 32. Father's Name (First, Mldtlla, Last, 5 fflx) Charles Loah 13. Mother's Name PrlOr to First Marriage (First, Middle, last) 14a. Informant's Name Evel Rahn ~ Mr. Barry J. Losh 14b. Relationship to Decedent 14c. Informant's Mailing Address (StreM and Number, City, State, Zlp Coda) - ~+ ....................... ............ Son 5217 Ro al Drive Mechanicsbur PA 17055 a - .................. If Death Oecurre<( in a HoaPltal: ; ate O ...... .............-... ea ec on y one ~In -~~~~~~~-"""""" ,. ........................................................................ ........ ........................ Patient If De~t/i Occurred SomewMr h O Th ~~ ~~~ " yyy Emergwncy Room/Outpatient 1 e t er an •Hoa Pita(: [] HOS I Facillry " """""""""'""'""""""-"^"" P ; ~ Deudent's Home Dwad on Arrival Nursing NomUion -Term Gr F ili p~ '. E 19b. Facility Name (if net Instlcutlon, gN Pinnacle Health S t e ac ty Other (SPeei strewt and number; lSc. City or Town, Stacw, and 21p Code 13d Count f D h H ~i ys em lg . y o eat arrtabur .,Hoa g p• Harrisburg, PA 17101 D ~, a. Method of Disposltlon Q Bu Q Removal from State au hin al Cremation lBb. Data of Disposition 16c. Platt o1 Dispostlon (Name of umetery cremato or oth D l ry other (s eel ) , er p onation , ace) 1-20-2012 Crem ti lgd. Locatlon of Disposltlon (Cit or To a on Society of Pennsylvania, Inc. S y Harrisburg, PA 17109 n, Tate, and Zip) 17a. 51 lure o} Funeral S~lea Uun r Person In Charge of Interment 17b. Uunae Number 17c Name and Complete Address of Fu FD-136753 oral Fa<Ility , ~ Auer Cremation Services of Penns lvania Inc. 4100 Joneato R d 18. Decedent's Education -Check the bo h oa Harrigbur PA 17109 that best descrlbN the 19. Decadent of Hispanic Origin - C)leck tM 2 ighest degree or Iwel of school comple 0. Decedent sRau - heck ONE OR MORE raves to Indicate what ed at the time of death. box that best tlescrlbp whether the dacetlent M d Q 8th grade or lass I t ecedent considered himself or henalf to be. is Spanish/Nlspanl4LStlno. Check the "NO" Q No diploma, 9th - 12th grade I Nl h ®Whlte Q Korean box If Decedent la not Spanlsh/Nlapanl4Latlno Q Bl k / Q g school graduate or GED comp ® Some college credit but no degree . ac or A rlcan American Q Vietnamese 4eted No, not Spansh/Nispanlc/Iatino Q American Intllan or Alaska Native Q Other A i , Q Associate degree (s g. AA, AS) I s an Yes, Mexlean, Mexican American, Chicano Q Asian Intllan Q Nathre NawNlan Q Yas Puerto Rican e Q Bachelor's tlegre e( .g. BA, AB, BS) , Q Chinese Q Guamanian or Chamorro Q Yes Cuban Q Master's degree ( .g. MA, MS, ME , i I Q P no Q Yes, other S Q Sam g, MEd, MSW, MBA Panish/NlsPanie/Latlno s Q Doctorate (e.g. PhD, EdD) or Profs Q Japanese Q Other pecific Islander slonal degree . MO DDS DVM LLB JD (SpecHy) Q Other (Specify) 21. Decedent's Single Race Self-Designat ® WhKe on -Check ONLY ONE to Indicate what the deutlant considered himself or heraeM to be 22a Decade t' V l . . n s sue Occupation -Indicate type of work Q JaPenese Q Samoan d Q Black or Afrlun American one during most of working 11/e. 00 NOT VSE RETIRED. Q Korean Q Other Pacific Islander Q American Intllan or Alaska Native Q A l I di Q Vietnamese Q Don't Know/Not Sure SaleB Marketing l an n an Q Other Allan Q Refused Q Chinese Q Native Nawalian Q Other (SPacify) 22b. Kind o Business/Industry Q Filipino Q Guamanian or Chamorro SY. Pahl Insurance ITEMS • - M T 8 COMP ETEO BY PERSON WNO PRONOUNCES OR 2 a. Date Pronounce ea Mo ay r 23 ignature o Person Pronouncing Daat On y when app Ica a 23e Ll N CERTIFIES DEATN . unse um ar 1 ~ I ~ _2~ 1 Z 23d. Date Signed (MO/Day/Yr) 24. Time of Death /1~ • r 23 W . as Medlin Examiner or Coroner COntattedi Q vas ® No CAUSE OF DEATH ~ 26. Pert 1. Enter the chain o^ events-- splratory arrest or ve tricular fl Approximate Iseases, InJunas, or compllotlona--that directly caused the death. 00 NOT enter terminal events such as cardiac arrest € Int l lll ti , erva : r a on without sho ing the etiology. DO NOT ABBREVIATE. Enter only on yse o a Ilne. Add additional lines I{ necessary 1 Onset to Death IMMEDIATE CAUSE ----------> (Final di / ~~~.('-~' ~ Sp ~ ~ / (' ), O ( / ~ t ] ` ~C sease or condition resulting In death) i. _ ) Due to (or as a tonsequenu ot): II b i r tit ~ t ~ ~ /w ~ If any, leadlrng to the caluse _ n ~ ~ Oue to (or as a consagw ot) listed on line a. Enter [he c{ UNDERLYIN (4 CAUSE (disease or Injury that ~I Due to (or as a consequenu of): Initiated the events resulting d4 In death) LAST ~ . Due to (or as • consequence ef): 1 y~ 2H. Part 11. Enter other l b ut not resulting In the untleri ying cause given In Part 1 27. Was an autopsy per/ormedT ~" P ~ ~ ~ ~ ` u ~ ~i}../ n ~ ~~~~ ' 'rS ' dam- j ~ ~ l ~ 2B. Were auto s fin In No P Y p evallabla to complete Me cause of dpth7 29. If Female: Q Not nent within past year 30. Old Tobaeeo Use Contribute to Daathi Yes No 31. Manner of Death ~ ^~^ Q Prag t et time of death Q Yea Q Probably Natural Q Nomiclda Q No ~ Unknown ~ Q Not Pregnant, but Pregnant with ACCident Q pending Investlgatlon n 42 daYS of death Q Not pregnant, but pregnant 43 tl ys [0 1 year before death Q !iulelde Q Couitl not be determined 32. Data of Injury (MO/Day/Yr) (Spell Month) Q Unknown If pregnant within the t s Year 33. Time of Injury 34. Place of Injury (e.g. home; constructio n site; farm; school) 33. Weatlon of Injury (Street and Number, Glry, State, ZID Cotlw) 3a. Injury at Work 37. If TranspoRatl n Injury, SpecHy: 3B. Describe How Injury Occurred: Q Yes Q Driver/Operato Q Pedestrian Q No Q Passengr. Q Other (SDecify) 39a. Grtlfler (Check only one): _ Q CertNying phys{elan - To the bast of Q Pr i y knowledge, death occurred due to the cause(s) and manner stated onounc ng & Grtlfying physician - Q Medical Examiner/Cor O To the best of my knowledge, death occurred at the time, daU, and place, and due to the eausw(s) and manner t t d oner - n the s a e examination, /or Inveatlgetion, In my opinion, deat rre t the time, date, and place, and due to the u u ae( ) d man ner s ta t d Signature of certifier: ~ ~ e ~ t /~ n c ~ Title of certlRer: Ucan N b 1 r ~ ~ ~ ~ 3 9 ame, Adtlress Ip Cotle Ot Pers se um er: 2J ~! 1(t n Gompletl use 1 Death (Ib ~ 9c. Date 31 ned (MO/Day ) 4 0. Registrar s DlstAtt N D ~ O ~ ~~ 4~ er ~~- /// OLr/~ 41. Reg stray s SI n u - " eg stray FI Date o ey r 4 3. Amendments '/ ~0` I i - . , ~: Disposltlon Permit No. 0697246 H305-143 REV 07/2011 '-- _. _ r •.;~ n ~.~ :.> ~'r'1 t~J v. t.J _~ ~~... LAST WILL AND TESTAMENT ~,~ ~~=~ ~~ ~ _ KNOW ALL MEN BY THESE PRESENTS, that I, JOHN H. LOSH curre it ~i siding ---~ ~.~ in Cumberland ~ounty, Commonwealth of Pennsylvania, being in good health and c~'sound an~ll,, c~ disposing memory do hereby make, declaze and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: IIII I ' direct that all of my debts not barred by the statute of limitations, expenses of my ~ast illness, funeral expenses, costs of administration and claims allowed in the administration o~ my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I give and bequeath my tangible personal property (not including cash and securities), toget~er with any existing insurance thereon, as set forth in sepazate memoranda, which I shall pla~Ce with my Will, to the persons therein designated. It is my intention that the memoranda shall not be construed to be a revocation of my Will in any respect, even though the memoranda are e~Cecuted after this Will. If such memoranda do not exist on the date of my death, I give and bequea h my tangible personal property (not including cash and securities), together with any existing insurance thereon, to the following persons in the percentages indicated: BARRY . LOSH and KIMBERLY LOSH, jointly or the survivor of them 60% AIMEE LOSH 20% NICOLE I LOSH 20%~ provided that myl Executor shall make the selection of items to be included in each unequal share. THIRD: '' I hold the Surviving Trustmaker's General Power of Appointment in Article Seven, Se~tion 2, pazagraph d of my living trust referred to as the JOHN H. LOSH and AVIS J. LOSH, ~'rustees, or their successors in trust, under the LOSH JOINT REVOCABLE LIVING TRUST, dated June 28, 1995, and any amendments thereto (the "GENERAL POWER OF APPOINTMENT"). I hereby exercise the GENERAL POWER OF APPOINTMENT to appoint and give all trust property remaining at my death to the following beneficiaries in the percentagesindic ted: /1'` 1 ~, ~c - -- ~x-r %~+~, J <:.,. ~ ~~ ~-;- r _~; ~: -r~, ~~ ~..~'. BARRY .~. LOSH and KIMBERLY LOSH, jointly or the survivor of them 60% The Trustee for AIMEE LOSH under ARTICLE FIFTH of this Will 20% The Trus'~ee for NICOLE LOSH-under ARTICLE FIFTH of this Will 20%. FOURT I give, devise and bequeath the rest, residue and remainder of my estate, whether real, pe sonal or mixed, and of any nature whatsoever and wherever situate, to the following benefi iaries in the percentages indicated: BARRY . LOSH and KIMBERLY LOSH, jointly or the survivor of them 60% The Trus ee for AIMEE LOSH under ARTICLE FIFTH of this Will 20% The Trustee for NICOLE LOSH under ARTICLE FIFTH of this Will 20%. FIFTH: '' The Trusts for each of my granddaughters shall be administered and distributed as follows: a. Distribution of Trust Share for AIMEE LOSH 1. Distributions of Net Income My Trustee shall pay to or apply for the benefit of AIMEE LOSH, at least semi-wally during her lifetime, all of the net income from her trust share. 2. Distributions of Principal If AI EE LOSH has not attained the age of thirty (30) years, my Trustee, in its so a and absolute discretion, may apply to, or for the benefit of AIMEE LOS as much of the principal from her trust share as my Trustee deems advis ble for her health, education and maintenance. If AIMEE LOSH has attain d the age of thirty (30) years, my Trustee shall pay to or apply for AIM~E LOSH`s benefit such amounts from the principal of her trust share as she may at any time request in writing. 3. Guidelines for Discretionary Distributions With egard to my Trustee's discretionary authority over the distribution of princi alto AIMEE LOSH, it is my desire that my Trustee be conservative in exercising such discretion. 2 It is any express desire that my Trustee take into consideration the future prob~ble needs of AIMEE LGSH prior to making any discretionary dis butions hereunder. desire that my Trustee give assistance to AIMEE LGSH by making age loans to her or by other appropriate means for: purchase of a residence. purchase, establishment, or continuance of a business or professional ~y other extraordinary opportunity or expense deemed by my Trustee to in the best interests of AIMEE LGSH. ~g discretionary distributions to AIMEE LGSH, my Trustee shall be of, and take into consideration any additional sources of income and available to AIMEE LGSH which arise outside o:f this agreement known to my Trustee. d ask that my Trustee, before making distributions to AIMEE LOSH, l her of the long-term income tax deferral advantage of retaining funds any retirement plan. Furth r, I would also ask that my Trustee, before making distributions to AIM E LOSH, remind her of any long-term advantages of retaining assets in her t st share. 4. Distribution on the Death of AIMEE LGSH After attaining the age of thirty (30) years, AIMEE LOSH shall have the unli ited and unrestricted general testamentary power to appoint the entire princi al and any accrued and undistributed net income of her trust share as it exists at her death. AIMEE LGSH shall exercise this general power of appoi tment by a valid last will and testament or a valid living trust agree ent. In exercising this general power of appointment, AIMEE LOSH shall pecifically refer to this power. AIM E LGSH shall have the sole and exclusive right to exercise this general powe~ of appointment. This eneral power of appointment specifically grants to AIMEE LOSH the right t appoint property to her own estate. It also specifically grants to her the ri ht to appoint the property among persons, corporations, or other entitie in equal or unequal proportions, and on such terms and conditions, wheth r outright or in trust, as she may elect. To tl~e extent this general power of appointment is not exercised, my Trustee shall istribute the remaining trust properly to the then living descendants of AIM~E LOSH, per stirpes. If AI EE LOSH has no surviving issue, my Trustee shall distribute the rem 'ping trust property in equal shares, per stirpes, to my then living a,.....,. a---~- b. Distribution of Trust Share for NICOLE LOSH 1. Distributions of Net Income My Trustee shall pay to, or apply for the benefit of, NICOLE LOSH, at least semi-,wally during her lifetime, all of the net income from her trust share. 2. Dil~tributions of Principal If NI OLE LOSH has not attained the age of thirty (30) years, my Trustee, in its sol and absolute discretion, may apply to, or for the benefit of NICOLE LOS as much of the principal from her trust share as my Trustee deems advis le for her health, education and maintenance. If NIC',OLE LOSH has attain d the age of thirty (30) years, my Trustee shall pay to or apply for NICO E LOSH`s benefit such amounts from the principal of her trust share as she may at any time request in writing. 3. Guidelines for Discretionary Distributions With r Bard to my Trustee's discretionary authority over the distribution of princi al to NICOLE LOSH, it is my desire that my Trustee be conservative in exe cising such discretion. It ism express desire that my Trustee take into consideration the future probab a needs of NICOLE LOSH prior to making any discretionary distrib tions hereunder. I also esire that my Trustee give assistance to NICOLE LOSH by making mortga a loans to her or by other appropriate means for: The purchase of a residence. The purchase, establishment, or continuance of a business or professional prac ice. Any other extraordinary opportunity or expense deemed by my Trustee to be i the best interests of NICOLE LOSH. In maki g discretionary distributions to NICOLE LOSH, my Trustee shall be mindfu of, and take into consideration any additional sources of income and I I~, 4 principal available to NICOLE LOSH which arise outside of this agreement and ire known to my Trustee. I world ask that my Trustee, before making distributions to NICOLE LOSH, remi~d her of the long-term income tax deferral advantage of retaining funds insid any retirement plan. Fort er, I would also ask that my Trustee, before making distributions to NIC LE LOSH, remind her of any long-term advantages of retaining assets in he trust share. 4. Distribution on the Death of NICOLE LOSH After attaining the age of thirty (30) years, NICOLE LOSH: shall have the unlirr~ited and unrestricted general testamentary power to ap oint the entire princ~pal and any accrued and undistributed net income of her trust share as it exists) at her death. NICOLE LOSH shall exercise this general power of appoi tment by a valid last will and testament or a valid living trust agree ent. In exercising this general power of appointment, NICOLE LOSH shall specifically refer to this power. NICO'ILE LOSH shall have the sole and exclusive right to exercise this gener power of appointment. This eneral power of appointment specifically grants to NICOLE LOSH the right t appoint property to her own estate. It also specifically grants to her the ri ht to appoint the property among persons, corporations, or other entitie in equal or unequal proportions, and on such terms and conditions, wheth r outright or in trust, as she may elect. To the extent this general power of appointment is not exercised, my Trustee shall 'stribute the remaining trust property to the then living descendants of NICO E LOSH, per stirpes. If NICI~LE LOSH has no surviving issue, my Trustee shall distribute the remaining trust property in equal shares, per stirpes, to my then living ao~,.o.. ,....,. SIXTH: I I hereby nominate, constitute, and appoint BARRY J. LOSH as Executor of this, my Last W~11 and Testament. In the event that BARRY J. LOSH shall predecease me, or be unwilling or able to act as my Executor, as aforesaid, then I nominate, constitute and appoint KIMBE Y LOSH as Executor of this, my Last Will and Testament. My Executor or ', 5 other personal representative shall not be required to post bond regardless of state of residence. All references to the Executor herein shall be applicable to any substihrte Executor. SEVEN H: The appointment, resignation, replacement, and succession of my Trustees shall be governe as follows: Section 1. I ereby nominate, constitute and appoint BARRY J. LOSH, as Trustee of the trusts created by this, my Last Will and Testament, without the necessity for posting security regardless of stat of residence. Section 2. y Trustee may resign by giving thirty days' written notice to the successor Trustee, if any, d to all of the beneficiaries then eligible to receive mandatory or discretionary distributions of n t income from any trust created under this Will. Section 3. If ARRY J. LOSH is unwilling or unable to serve as Trustee, or cannot continue to serve or any reason, then I nominate, constitute and appoint KIMBERLY LOSH to be the successor rustee, without the necessity for posting security regardless of state of residence. Section 4. y successor Trustee, whether corporate or individual, shall have all of the rights, powers, d privileges, and be subject to all of the obligations and duties, both discretionary and inisterial, as given to the original Trustees. Any successor T stee shall be subject to any restrictions imposed on the original Trustees. No successor Trustee shall be required to examine the accounts, records, and acts of any previous Trustees. No successor Tru~tee shall in any way be responsible for any act or omission to act on the part of any previous Trus ees. Section 5. No withstanding any other provisions of this, my Last Will and Testament, my Trustee may not exercise or participate in the exercise of discretion with respect to the distribution of inc me or principal to any person my Trustee is legally obligated to support, to the extent the dist bution discharges the support obligation of my Trustee. EIGHTH: My Executor and rustee shall have, in addition to the powers and authority conferred upon them by law, the f llowing additional powers and authority: 1. To ell, exchange, lease, transfer, partition, give options upon, mortgage, or pledge, or otherwi a dispose of any property, real or personal, at any time constituting a portion 6 of a trust or my estate at public or private sale, and upon such terms and conditions as the Executor or Trusltee shall deem advantageous. 2. T invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life i surance, annuities or other securities (including proprietary mutual funds of the corporate Execut r or Trustee), or such property, real or personal, as the Executor or Trustee shall deem adv tageous, without being limited by any statutes or rule of law regarding investments by t e Executor or Trustee. 3. Tc~ retain, without incurring any liability, as investments, any property owned by me at the time of lmy death, as long as they deem it advantageous, and even though such property is not the kind of roperty an Executor or Trustee would purchase as an investment; and even though to retains ch property might violate sound diversification principles; and to make any division, distribu 'on or partition of the estate or trust property in cash or kind, or partly in cash and partly in kind pro rata or non-pro rata. 4. To cause any security or other property which may 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 itle will pass by delivery. 5. To structure, or sale constitute a porti securities which, any such reorgan or subscription ri of my estate resu subscription. ~nsent to the reorganization, consolidation, readjustment of the financial the assets of any corporation or other organization, the securities of which of a trust or of my estate, and to take any action with reference to such the opinion of the Executor or Trustee is necessary to obtain the benefit of tion, consolidation, readjustment or sale; to exercise any conversion privilege :given to them as owner of any securities constituting a portion of a trust or g from any reorganization, consolidation, readjustment, sale, conversion or 6. To ay all costs, taxes, charges and expenses in connection with the administration of trust or of my estate, including such compensations to Executor or Trustee. .~ ~ ~ 7 My corporate Ex~cutor or corporate Trustee shall receive compensation for the performance of its functions here~nder in accordance with its schedule of fees in effect. from time to time during the period over v~hich it services are performed. Any individual trustee who is also a beneficiary shall serve witho~t compensation. 7. T determine what is "income" and what is "principal" hereunder, and their decision thereon hall be final; and to purchase securities at a premium or discount, and to apply or charge said pr mium or discount against income or principal as the 1xecutor or Trustee may determine. ~I i 8. Tl~e Executor may make payments to or on behalf of any person who is the beneficiary here der but in no event, however, shall payments be made to any creditor or other such person beca se of anticipation of payment by the beneficiary, and any such claim made by way of anticipati n by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation actin as an Executor or Trustee hereunder, for the purpose of protecting and preserving or imp owing my estate or trust hereunder; to execute promissory notes or other obligations for ounts so borrowed upon such terms and conditions as they deem advisable. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and oth~r agents and employees and to pay them reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time the shall think proper, and they shall have the power to do any and all things they deem necessary o appropriate, including the power to close out, liquidate or sell the business at such time and upo~ such terms as to them shall deem best. i ~~ 12. 1V~y Executor may exercise any available elections with regard to state or federal income, inheritance, estate, succession, or gift tax law. Generally, I anticipate that my Executor will elect to minimize the estate tax payable by my estate. However, I would expect that some consideration be given to the estate tax payable in my spouse's estate upon her death, especially if she should die rior to the time the election is made. The determination of my Executor with respect to the ex~rcise of the election shall be conclusive upon all affected persons. 13. T e Executor or Trustee may, but shall not be required to, prepare and file accountings with any Court. Prior to delivering all of the property of any trust hereunder to a successor Truste$ or to making any partial or complete distribution of trust principal or of my estate assets, the ~xecutor or Trustee may require an approval of its accounting either by a release and disch~rge by the beneficiary or beneficiaries of any such trust or by a Court of competent jurisdiction. All of the Executor's or Trustee's fees and expenses (including reasonable attorn~y's fees) attributable to any such accounting and approval shall be paid by such trust. ~I 14. The Trust~e in its sole and absolute discretion may terminate any trust hereunder at any time it determine that the aggregate value of the trust property renders continued administration economically inf asible and, upon such termination, shall pay over the remaining trust property to the income be ficiary or, proportionately, the income beneficiaries thereof (or to a parent or legal guardian in he case of a minor beneficiary). Upon sucl# termination, the remainder interest in such trust shall be extinguished and the Trustee shall be accountable with respect to such trust only to such income beneficiary or beneficiaries (or t~ a parent or legal guardian in the case of minor beneficiary). 15. To minimize any tax in respect of any trust, or any beneficiary thereof, or for such other purpose as i deems appropriate, the Trustee may in its sole and absolute discretion remove all or any part of a property of, or the situs of administration of, such trust from one jurisdiction to another and ele t, by an instrument filed with the trust records, that thereafter such trust shall be construed, regu ated and governed as to administration by the laws of such other jurisdiction. J 9 16. Tc} compromise controversies. 17. advantageous Tc~ do all other acts in their judgment necessary or desirable for the proper and na~agement, investment and distribution of a trust or of my estate. NINTH: because of my d attributable pass pay, or provide Executor deems IN WITNESS Wl hereunto set my h I direct that all transfer and inheritance taxes, state or federal, assessed nth, whether the funds, property or insurance proceeds to which such taxes are nder this Will or not, shall be paid out of my residuary estate; that my Executor .r payment of all such taxes at such time, or times, and in such manner as my EOF, I, JOHN H. LOSH, the Testator to this my Last Will and Testament and seal the ~ day of ~i~ 2009. J H. L SH The preceding in trument with each pageidentified by the initials of the Testator, JOHN H. LOSH, this day and date thereof signed, published and declared by JOHN H. LOSH, the Testator therein n ed, as and for his Last Will, in the presence of us who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses. /, ;, ~ L( ',•' . ~, ~, v ~ I '~ io COMMONWEALTH OF PENNSYLVANIA :SS COi1NTY OF CU~VIBERLAND I, JOHN . LOSH, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my ast Will; that I signed it willingly; and that I signed it as my free ayLi voluntary act for the purposes there n expressed. „ ,~ / ) LOSH Sworn or a~ffirmed,/tJo and acknowledged before me by JOHN H. LOSH, Testator, the ~~ day Ibf _,1~~~21L. , 2009. ~~ (SEAL) Notary Public NOTARIAL 8EAL DAVIO N RADCLIFF Noblry-PubNc EAST Ti~W, dJWIERLIMID COUNTY My E~ku Jun 2!, 2012 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CU1~rIBERLAND We ~ ~ f f ~ and L~~ ` - n the witnesses whose n mes are signed to the attached or foregoing instrument, being duly qualified according to law, do depose nd say that we were present and saw Testator sign and execute the instrument as his Last Will; that he igned willingly and that he executed it as his free and voluntary act for the purposes therein expressed; at each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of ur knowledge the Testator was at that time eighteen or more years of age, of sound i and under no onstr int or undue influence. ~~ Sworn or ffirmed o and subscribed to before me by ~1 f nn; ~'r L . I ~{asp-c r ~ and ~~ ~- ~ ~ T~ witnesses, this ~ day of ,~, , 2009. (SEAL) NOTARIAL SEAL DAVID H RAOCLIFf Notary Public Notuy Public EAST PENNS T1NP, CUN>BERLAND COUNTY Nl~ ion Expkq Jun 29, 2012 11