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HomeMy WebLinkAbout04-18-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, .and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Robert E Young - Decedent's Information ~ I I Name: Mary J. Eldridge File No: 21-12 r'/ a/k/a: Mary Jo Eldridge (Assigned by Register) a/k/a: a!k/a: Social Security No: Date of Death: 03/02!2012 Age at Death: 91 Decedent was domiciled at death in Cumberland County, PA (Stare) with his/her last principal residence at 815 Crooked Stick Dr., Mechanicsburg 17050 Mechanicsburg Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Brasstown Assisted Living Facility, 30546 Hiawasse Towns GA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ...................... All personal property $ If not domiciled in Pennsylvania ................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ................ Personal property in County $ Valrra of Waal ectafe in Pennsvlvania ................................................................... $ 100,000.00 TOTAL ESTIMATED VALUE $ 100,000.00 Real estate in Pennsylvania situated at (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County ® A. petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 04/19/2007 ~ and Codicil(s) thereto dated State relevant circumstances (e.g., renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not marry, was not divorced, 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), 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 Grant of Letters of Administration (lf applicable) c.t.a., d.b.n., d.b.n.c.ka., pedente life, durante absentia. durante minoritate If Administration, c.ta or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to,pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the additional sheets, if necessary): le (if anyj~td heirs (attach _C~ z~ ]~ f"i-7 t;~~ n ~ ~~~~ Name Relationship Address ~ -~ _ 'il ~ Q ~ ~7 Form RW-02 rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2 nr' Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } t i ~ ;r; I , :` O ' bl Only ~ .-~r ~ ~ , ;t,,, ~ c ~ti`L,'~~~., ~ ~~ ~ - Petitioner(s) Printed Name Petitioner(s) Printed Address Robert E. Young 815 Crooked Stick Dr. i CLERK - . Mechanicsburg, PA 17050 QR~~,~s~ ~ r ~ i J ~_ The Petitioner(s) above-named swear(s) or affirm(s) the statements to me roregotng reuuon are uuC anu wiiec~ w ~~~~ ~~~~ ~~ •~~~ ~~~~••„~•a` a„~ belief of Petitioner(s) and that, as Personal Representative(s) of the D cadent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed a subscribed before ma~yy'~ ~ - Date h'~~~~b/.,.Z me this day o i ~ ,O~/ ~ ~ Date Date Y~ A Register Date BOND Required? ~ YES ~ NO FEES: Letters .......................................... $ 210.00 ( 5 )Short Certificate(s)......... r 20.00 ( )Renunciation(s) .............. ( )Codicil(s) ........................ ( )Affidavit(s) ...................... Bond ............................................. Commission .................................. Other Will 15.00 Automation Fee ............................ 5.00 JCS Fee ....................................... 23.50 TOTAL ......................................... $ 273.50 To the Register of ~11s: Please enter my appearance by my signature below: Attorney,Si nature: ,~ Printed Name: Linda J. Olsen, Esq. Supreme Court 92858 ID Number: Firm Name: Hazen Elder Law Address: 2000 Linglestown Rd. Suite 202 Harrisburg, PA 17110 Phone: 717-540-4332 Fax: 717-540-4313 E-mail: DECREE OF THE REGISTER Date of Death: 0310212012 Social Security No: 285-18-8329 Estate of Mary J. Eldridge File No: 21-12 a/k/a: Ma Jo Eldrid e AND NOW, ' ~ ~~,~2 __ , in consideration of the foregoing Petition, satisfactory proof ha ing been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Robert E. Young in the above estate and (if applicable) that the instrument(s) dated 04/19/2007 described in the Petition be admitted to probate and filed of record as~last Will (a~Id~Codicil(s)) of Copyright (c) 2011 for so ere~nly The Lackner Group, In V II ~ ~ 2 of 2 GEORGIA DERTH CERTIFICATE A. BIRTH CERTIFICATE NUMBER +i ~ ~ ~ ~ I ~ B. STATE FILE NUMBER DECEDENT'S. LEGAL FULL NA~1E iFIRST, MlDOt#~ LA£T 1 a. LAST NAME AT BIRTH (IF I~MaLF) 2. SEX 2a. DATE I 'ATH (MOroav Ri t ~ . I Fa~;er Female March ~.~~ ~~11I~ Mary J. Eldridge I AY 5. DATE O III (MOIDAYrrt~} I, 3. SOCIAL SECURITY NUMBER '' 4,8. A j(YEARS) 4b. UNDER # YEAR 14c. UND ~ h D L. „ I ~ ~ HOURS ' MINUTES MONTHS DAYS 285-18-8329 ~I ~ ~~~I~I',I June9, 1920 1 7b. ZIP CODE 7c. CITY OR TOWN OF RESIDENCE ''L', a. STREETANDNUMBER OF RESIDENCE BIRTHPLACE talTY p,ND ware oR'rbR~li;w courvTRV) ~ 6 ~ . I ~ Cro lied Stick Dr. 17050 Mechanicsburg 15 0 Payne, OH I 8 i I COUNTY OF RESIDENCE 7e. STATE OF RESIDENCE 7f. COUNTRY 7g. INSIDE CITY LIMITS 8. ARMED FORCES I 7d I : OUmbeCland PA USA ^ yes a No ~ Unknown. ^ Yes ~ No r! Unknown. Sa. OCCUPATION 8b. NATURE OF BUSINESS ~ ~ ~ iBG. EMPLd I z Homemaker Home ~ i ~ ~ I I ~~ ~~ none: O MARITAL STATUS 9 ~ SE'S NAME ~ I D. SPOU I 11. FATH : S NAME (FIRSr; MItwLE, LAST) ~ I . '' - R TO FIRST ARRIAGE 1F'fAFE Ci1VE NAME PRiO ) ( ~~ • I ~: Married ~ ' ^ Dlvordad Married, but separated c' Mew~r Married I I ~ I I' I I , dFld id T Ri h I' I dwardll~~'~~d~~- I ~ e; Vtfl¢ovaed ^ urhkgtown I I gcl r c ar homas , I p LL: A RIAGE i2. MOTHER'S NAME PRIOR TO FIRS] M, 13. DECEDENT'S EDUCATION (HIGHdsk, vEL) III ~ ~I 65~ ' BA g ~~ (e helor' + B ~ . 14a. I'dFORMANT'S NArAE I rFlaeT, MIDDLE, LAST) I ~ (FIRST nnlooLE, Lash ' , . ., ac ® , ~I - etn grade or less r_ P I 'I I ',.. Master's ~ ~ ~. MA, M$, n Med, MSW1 ~ gth -12th grade; rro diploma ~ f~ t 9 ~~ g II I ~ ~ ~ kflgh school graduate oe GED com~ll~ I Ih Doctorate ( a~LIF~hD, Edb) or prpf~t~>;ipnal degree B ~~ o ~ ~ ~ f- Z I . l ~ l l C , JD) ~ I f~~W~~ f~1D. DDS, r>ItiNMi LL ~ Svrrze college erecrt, tsut no degree I f Unknown) I - ee fe- .. A AS ~ As~ocrate der g A ) 9 ` ~' i I I I I L ° Pa 'ne r t Do oth Jan Y y W en e ~ G o ~ ~ I ~ ~ RELATIONSHIPI~h'Kp~ (DECEDENT 14b I 14c. MAILING ADDRESS (STREETA ~ ~ ~ R CITY, c ~ E, 21F+CODE) I I I ' ~I I ~ U I I I . dour titer in GA 30555 ~' ' ,I, ~ I~Caysville,l ~ ? 151 Mountain View R l11 ~ ~ ~ t 5 H{uPANIC ORIGIM I i I ~ ' t 6. DECEDENT`S RACE ' ~ ~ ~,~~ No not SpanlshlHli~ an~GLatino ' I ~~ I ~ pl I I I I I I I"~ sa White ^ BlacklAfrican American ^ Samoan hI ves. Puerto Rican n Japanese ^ ~COrea,n . crAmerican Indi~nl/~V>~~ip~`Nativbi~il I ~ u Yes, Mexican, Mexican American, Chicano ^ Asian Mdi~pl I ~ I' ^ ~~I~liarrt~ESe r~ Other Asian I o Yes, Cuban ,I) ~uuLM~'~d~ ~lawaiian ~ Offer Pacific lsl~nder ~ n s e ~ r~ u Yes, other SpanishlHlspaniclLatino (slp~ailfY) ~ ~ ~ o l I I I I I I I ~ i~~ F p ~]' ~iuamanianlChamorro o Other I I I I~ I I I~ I ~ III ~ D Unknown I I ~I 'I li n Unknown t7a. IF DEATH OCCL~RED IN HOSPIIfAL' I 17b. IF DEATH OCCURF{ HER THA ''I ~' ~1~~17AL I I ome _ Other d n wit e is H r ode Facit' D ceden m Ily T ~ 'HibmelLon lit N 's i F ~~ g , ur t rg ata y G a Hospice 1 n inpatient u Emergency Room/Outpatients i I~ Dead on ~ I mo- 20. COUNTY OF DEA N, I ~ ~~ 18. FACILtTY'NAME '~ I I I ~ p ~ 19.E IILMfiY ADDRESS IsTREerAND Nu , ¢ ~rr. srArE. zI I o y I l ~ I I~ Towns ~ I ' L j ~ Brassto~unAssistedLivingFacility rise,GA30~~6 ~ 21. METHOD bF DISPOSITION 22 >?4.JLCr~ OF DISPOSITION MaMEArrD c d4I~TFAODRess~ V I ~I~ I, 23. DATE OF DISPOSI I I I i I i (MO/pgY(`'RI I I I I ~Illr~t (State I I I I I R emov Buria# o Donation ^ I I FUq't~~~~l~ochran Crematory I ~ I I I I I! ~ ~7 I I ~ m Cremation ,~ Entombment ~ Other ~ I ~ ~I ~ 'wille, GA 30555 I I I i I ~~ r" ~ 246. LICENSE NUMBER NAME & CERTIFIED INI d 24a. EMSALAAER S ~, I ~ I µ I I /A I I' N O ! NO"1 EA4BALMED 2 5. FUNERAL HOME NAME 25a. FUNERAL HOME ADDRESS (sTR~rAr+o NUMBER, arv, couNrr, srarE, nP cod~)I ! I I I II I " I Q Finch-Cochran Funeral 1 tome 30555 I I ~ P. Box 39 1 idge McCaysviVll~;IC ' 2 6. FUNERAL DIRECTOR'S NAME (pRtta'n 26b. LICENSE NUMB R PT E OF FUNS EGTOR I I ~ I I a. N 4i1~ L. „ ILL 5006 ~ I I u u l I II Karen Bond u, ~rl.,l ,,, i ~ _ _ _ iY 2 7. DATE PRt3Nt]i7NCED D Q I ~ -I~ I N ED D lh"~ 29a. PRONUt7NCER'6 NAM~MD T LE taretrerl I ~ I~~ ~ I A i 28. IME PR I o I, U ~ ~' '' I 03/0212612 ' ~ 10:25 A M ~~y J, $otts IIII RI~I I ~ I r I ACTUAL OR PRESUMED IXi~ I~ 30 O 2 Z ~ I ! 9b. PRONOUNGER'S LICENSE N BER I I I ' ~ I wIM I I I I J, IIII III I . OF DEATH I I RN 10082fi ~ ~ I ~ ~I ~ 10 25 A.M. I,~I ~ I i T i~ ~ ~ p ek, ~ ~ mpllcaU ~++ tt ~ rectiy caused tFie death. DO NOT et>terterminal 31 Part L Enterthe ch in o ev ,ty~t ases inlur s,~o ' I ~ II ~ I~~~fiI'' ~ ' I ; I~ I DO NOT ABBREVIATE. I y the etiolo in fth ti ~ p ~ ~ ~ ~ ~ II roximate interval betmretmnres PPP ~ ~nset and death g . g on w a tl n - or ventnc N P I I ~ such as cardiac arrest, respiratgrh ~m$ e q l'~ I " ~ ~ I ~ 4 , II ~ MMEDIATE CAllSE {Final III III I I' I A i ~ y . dlsease or condition r~sultin in death ' ~ IIII I ue td, as a consequence of 9 yh',,~',r,rlI (IIII j IIII"'' ~ I ~,(~ `~ B CJ~ ~~~' -"" ~`~~ e t t „~,~ 'eQ/~ - _ Enterthe UN~)H}RLYING one a a. cause lstad Due to, or as a consequence bf CAUSE (dlsease or iniury that Initiated the events I rJ III i ~~I { {a ,~~ resulting in death) LAST C ~ ~ ~ _ ~ ~~ - TT I I Due to, or as a ntirrseque of I i I I I I ~ o I I I ~D~ Ib ~ ~p~ ~ ~ ~ '.~N I { I 1 i I I 2: I I Ip11t not resulting in the underlying cause given n PBkt I I Part II. Enter athece,~nifica t condi ton i f i ~_ c ~ ~ ~~ 'WAS AUT Y PERFORMED }-~~'. ~ I . ~ I ' ~ ~' I ~~~ I ~I ~I'II I~ I Z ~ ~ ~~. I ^~es oNo crUnknown DEATH I I I~~ WAS CA~ 33. WERE AI}`TOPSY FINDINGS AVAILAB 33a. INJURY OF ANY KIND INDFGATED IN 7HE CAUS ~ ~'f~t CORONA R PART II WITH THE DECEDENT Pi ~' I T ' I'~~ F ~RRED TO MEDICAL EXAMINEr ~ I '~ ~- d ~ IO ORjI~ J I (IF TO COMPLETE THE CAUSE OF DEr~ I ' it i Milli k i LLI .Yes ~No ~ Unknown ^ Yes ~ I ~~qp ^ Unknom°n ~ Yes I I rl'i1 I~ I ~ nowrt ~ ~i ~r* ~ ~ + 35, T BACCO US1= CONTRIBUTE T Q. I 36, t ~ i ~! E I ~~- - I,i ~i! L g T , MANNER ~ I'!~W I I ~ tural II a dent r d ~ I I V~~~Ye5 lI ~,,I ~ ~ e I NotA ~II~~~ ~I~,~ ~ ~~ ~ ' I i~' I p ~ ^ Not ~lh~~1i wRhin the past year I I ~ u I I I u~ Gcufd not be determin3d a Pending tnuasttgation I v L bat pregnant within 42 days of desih o Not ~~~~~~ n ~1nKlhrbWn ~ I I I ~ o Not dh~~I~,f, but pregnant 43 days to 1 year before death ^ Homicide n Suicide n tl~rblb~bly !III ^ Pregnant at the time of death c Unknown if pregnant within the past year j 38. DATE OF INJURY (MaoAVnR) 39. TIME OFINJURY 40. PLACE OF INJURY (a:g.,DeceAenfshoma cans,trucUa+eile,r~aatualrar~tWpodederas) 41. INJURYAT WORK I I li I~ I l i) I I r Yes ~ No ~ Unknown I I I_ _ ~iTE COU(VTY ! I ' I IP G D~ 42. LOCATION OF INJURY STREET AND NUMBER I I C~II'Y I I I I ~ ' I i II 44. IF, TRANSPO j N ~7 INJURY Y OCCURRED I I ~ T I„ RIBE HOW INJUR I I I 43. pESG I Ver/Operator' (+ P e e ~ ~ ,Other I i c urred at the time Lp be, and dull ;t 46. On the bases or examni i ahd/arinve i 4 . To the trest of my knr~vlcdge death occurred atthe time d I tcamr a T cense N_ e(s) stated to t I d dt l ~ ~ ) ~ ace, an ~ ~ ~~ pe I I I ~ date, p I cause('s) stated. f~,P~tiical Cechfirer i lcen ~~ ~ , I I I (PRINT AND 51C3N} I~ Z I ~ (PRINT !k '~ S1 N) ~~ ~ ©~~~ I~ ~ ©~ 1~TH ~I i I I 46a. DATE SIGNED(Maq~X~~)I 'i ~~ ~ 46b. HOUR OF DEATH 45a. DA E ED tNromaY,v~I 5b. HOUFy'I 16:2$ A'!1'~ I I ~ ~ I -, ~ ' 47. PE ON', OMPLET}NODAUSE OF DEATH (rvaME.AnbRES~',~{~l}V'j~tr.zlvcoD~ f I I GG . ^.~r~ ,, C ~T ~ t , ~ ~ p u ~~yy ~ ~ ~ ~ 4' l ~ ` - , `.J Y1N~~ -~4 - -...... ~• _.. ~ w MY A.S.~Q, yY { Y ttt/// r f I V ` ~ ~~,t 1 J ~ ~ E il 1st d.R SIGN URE R) AND SIGN) R ~ I , ~ O !{I AY 49. DAT (LrE~D jRJEGISTRAR) (M rvr(~~ ; 1 o ~{,+~ o~~"' Y U -4 ~ IZ ~ I ~ U' iVt'~,~. 1 ..1 ( I ~ - - Form 3903 (Rev. 09!2009) --- y IjP p G ~ I I This certificate does .not constitute a certified cod withoutthe a ro riate cerkifi atr, ra on'tMI~'bac'k. I I I i~. _ , I ~iis is an vzact copy of the death cert~ate receiveff c~~fllfor fiCtn9 in Towns County. LocaCCustocCtan Cert~ing Official a County Of Towns Date LAST WILL AND TESTAMENT OF MARY JO ELDRIDGE I, MARY JO ELDRIDGE of Dauphin County, Pennsylvania, declare this to be my Last Will and Testament hereby revoking all prior Wills and Codicils. ITEM I. I direct that the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM II. All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. ITEM III. I give, devise and bequeath my tangible personal property to my husband, THOMAS R. ELDRIDGE. In the event THOMAS R. ELDRIDGE predeceases me or fails to survive me by thirty (30) days, then I give, devise and bequeath my tangible personal property in accordance with any memorandum which I have handwritten or signed, lc>cated with my will or with my valuable papers and found within 30 days of the probate of my will. Gifts may only be to persons n ~ ~ A who survive me or to organizations which exist at my death, and i.f there is~~nflict,F..~e ~±'~-? ,7 '-~ ' :~ r ~~n r memorandum having the latest date shall govern. To the extent no such memorand~'~~un~pr r.'~: < <~ -~ .n ;~ ~• { ~'; ,-) r `~ - z-r t y ~' 1 all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Item IV heY•eof. ITEM IV. All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows: A. ONE-FOURTH (1/4) of my estate to my son, ROBERT E. YOUNG, of Cumberland County, Pennsylvania. In the event ROBERT E. YOUNG predeceases me or fails to survive me by thirty (30) days, then his share shall be distributed to his wife, NANCY R. YOUNG. If both ROBERT E. YOUNG and his wife predecease me, their share shall be distributed in equal shares to ROBERT E. YOUNG's issues, per stirpes. B. ONE-FOURTH (1/4) of my estate to my daughter, MARGUERITE KELLER, of Colorado. In the event MARGUERITE KELLER predeceases me or fails to survive me by thirty (30) days, then her share shall be distributed to her issue, per stirpes; C. ONE-FOURTH (1/4) of my estate to my daughter, DOROTHY J. PAYNE, of Hayesville, North Carolina. In the event DOROTHY J. PAYNE predeceases me or fails to survive me by thirty (30) days, then her share shall be distributed to her spouse, JAMES W. PAYNE, per stirpes; and D. ONE-FOURTH (1/4) of my estate to be held in a Special Supplemental Care Trust for the benefit of my daughter, ANNE E. KERB, of Old Washington, Ohia, to beheld, managed, and administered according to Item IX herein. In the event ANNE E. KERB predeceases me or fails to survive my death by thirty (30) days, then her share shall be distributed to her spouse, GARY KERR. If GARY KERR fails to survive my death by thirty (30) days, this share of my estate shall be distributed to ANNE E. KERR's issue, per stirpes. 2 ITEM V. If a beneficiary under this Will has not attained the agE: of thirty (30) years, the share of the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the terms in Article VI. ITEM VI. In the event that a Trust is created by or as a result oi' any part of this Will for beneficiaries under the age of thirty (30), the terms and conditions of the Trust shall be as follows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, care and education (including college, trade school, or other similar training or education) of the child until the child attains the age of thirty (30) years. B. Upon attaining the age of twenty-two (22), one-third (1/3) of the principal and accumulated income of the child's share shall be distributed outright to the child. C. Upon attaining the age oftwenty-five (25), one-half (1 /2) of the remaining principal and accumulated income of the child's remaining share shall be distributed outright to the child. D. Upon attaining the age of thirty (30), the remaining principal and accumulated income of the child's share shall be distributed outright to the child. E. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or other processes of law. ITEM VII. In order to carry out the purposes of the Trust for beneficiaries under the age of thirty (30), outlined in ITEMS V and VI of this Will, the Trustee, in addition to all other powers 3 granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; to pay from my estate reasonable compensation for all their services, (i) to receive required minimum distributions from any individual retirement account of which the trust beneficiary is the beneficiary; to make elections with regard to individual retirement accounts; and to distribute the required minimum distribution to the trust beneficiary(ies). Payments made hereunder to or for the trust beneficiary's benefit from any qualified plan or individual retirement account payable to the trust by reason of my death shall equal at least the amount of the mandatory minimum distributions from such plans or accounts and shall comply with the requirements of Revenue 4 Ruling 89-89, I.R.S. 1989-27. No qualified assets shall be used to pay administrative expenses or taxes of my estate, (j) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. ITEM VIII. I hereby appoint my son, ROBERT E. YOUNG, as Trustee of the Trust(s) created in this Will outlined in ITEMS V through VII for any beneficiary(ies) under the age of thirty (30). If ROBERT E. YOUNG is unable or unwilling to act as Trustee hereunder, I appoint my daughter, DOROTHY J. PAYNE, as successor Trustee. ITEM IX. ~ecial S~plemental Care Trust for ANNE E. KERR. a disabled adult. I hereby nominate and appoint my son ROBERT E. YOUNG, as Trustee of the Special Supplemental Care Trust under this my Last Will and Testament. If ROBERT E. YOUNG is unable or unwilling to serve, I appoint my daughter, DOROTHY J. PAYNE, as successor Tnzstee. If both ROBERT E. YOiJNG and DOROTHY J. PAYNE are unable or unwilling to serve, I appoint The Family Trust, of Allegheny County, or its successors, as successor Trustee. The share of my estate that is set aside for ANNE E. KERR shall be held by my Trustee, ROBERT E. YOUNG or his successor(s), in trust for ANNE E. KERR's benefit in a Special Supplemental Care Trust in accordance with the following provisions: A. INTENT It is my intention by this trust to create a purely discretionary supplemental care fund for the benefit of ANNE E. KERR and not to displace financial assistance that may otherwise be available 5 to her. Illustrative of the kinds of supplemental, non-support disbursements that would be appropriate for my Trustee to make from this trust for ANNE E. KERB include: sophisticated medical or dental or diagnostic work or treatment for which there are not funds otherwise available, including plastic surgery or other non-necessary medical procedures; private rehabilitative training; dental care; recreation and transportation; differentials in cost between housing and shelter for shared and private rooms in institutional settings; supplemental nursing care and similar care that assistance programs may not otherwise provide; telephone and television service; companions for travel, reading, driving and cultural experiences and payments to bring her siblinl;s or others for visitation in the event my Trustee deems that appropriate and reasonable. B. It is important that ANNE E. KERB maintain a high level of Human dignity and that her care be humane. If this trust were to be eroded by creditors, subjected to liens or encumbrances, or cause assistance benefits to be unavailable or terminated, it is likely that: the trust corpus would be depleted prior to her death, especially if the cost of care for her would be high. In such event there would be no coverage for emergencies or supplementation to basic needs. The trust provisions contained in this instrument should be interpreted by my Trustee in light of these concerns and this intent. C. My Trustee shall pay or apply for the benefit of my daughter for her lifetime such amounts from the principal or income, or both, of this trust up to the whale thereof, as the Trustee, in the Trustee's sole and absolute discretion, may from time to time deem necessary or advisable for the satisfaction of ANNE E. KERR's special non-support needs, if any. Any income not distributed shall be added annually to principal. As used in this instrument, "special non-support needs" refers to the requisites for maintaining my daughter's good health, safety and welfare when, in the 6 discretion of the Trustee, such requisites are not being provided by any public agency, office or department of the state where she lives or of the United States, or are not otherwise being provided by other sources of income available to her. Special non-support needs shall include but shall not be limited to the list of suggested non-support items set out in this article. D. In the event that she is unable to maintain and support herself independently, the Trustee may, in the exercise of the Trustee's best judgment and fiduciary duty, seek support and maintenance for her from all available public and private sources. The Trustee shall take into consideration the applicable resources and limitations of any public assistance program foi• which she is eligible. In carrying out the provisions of this trust, my Trustee shall be mindful of the probable future needs of my daughter, but not of the trust remainder beneficiaries. E. No part of the corpus of the trust created by this article shall be used to supplant or replace public assistance benefits of any county, state, federal or other governmental agency that has a legal responsibility to serve persons with disabilities that are the same or similar to those which ANNE E. KERB may be experiencing. For purposes of determining my daughter's public assistance eligibility, no part of the principal or undistributed income of the trust shall be considered available to her. In the event that the Trustee is required to release principal or income of the trust to or on behalf of ANNE E. KERB to pay for benefits or services which such public assistance is otherwise authorized to provide were it not for the existence of this trust, or ir.~ the event the Trustee is requested to petition the court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request. 1\Qy Trustee is authorized, in the Trustee's discretion, to take whatever administrative or judicial steps may be necessary to continue the public assistance program eligibility of ANNE E. K)E:RR, including obtaining 7 instructions from a court of competent jurisdiction ruling that the trust corpus is not available to the beneficiary for such eligibility purposes. Further, my Trustee should coope;rate with the beneficiary's conservator, guardian, or legal representative to seek support and maintenance for the beneficiary from all available resources, including but not limited to, the Supplemental Social Security Income Program (SSI); the Medicaid Program; and any additional, similar or successor programs; and from any private support sources. Any expense of the Trustee, including reasonable attorney fees, shall be a proper charge to the trust. F. SPENDTHRIFT PROVISIONS No interest in the principal or income of this trust shall be anticipated, assigned or encumbered or shall be subject to any creditor or to any legal process prior to the actual receipt by the beneficiary. Furthermore, because this trust is to be conserved and maintained for the special non-support needs of ANNE E. KERB throughout her life, no part of the corpus hereof, neither principal nor undistributed income, shall be construed as part of ANNE E. KERR'S estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care by any public entity, office, department, or agency of any state or the United States or any governmental agency. Under no circumstances can the beneficiary compel a distribution. G. TRUSTEE AUTHORITY TO TERMINATE TRUST Notwithstanding anything to the contrary contained in this trust, i:n the event that the trust has the effect of rendering ANNE E. KERB ineligible for any program of public benefit, the Trustee is authorized, but not required, to terminate this trust. In determining whether the existence of the trust has the effect of rendering ANNE E. KERB ineligible for any program of public benefit, my Trustee s is granted full and complete discretion to initiate either administrative or judicial proceedings, or both, for the purpose of determining eligibility. All costs relating therf;to, including reasonable attorney fees, shall be a proper charge to the trust. In the event of voluntary termination, the undistributed balance of the trust shall be distributed to ANNE E. KERR's spouse, GARY KERB. If GARY KERB is not surviving then the undistributed balance of the trust shall be distributed to ANNE E. KERR.'s issue, per stirpes. H. VOLUNTARY CARE It is my wish that subsequent to the termination of the trust for the benefit of ANNE E. KERR, if my contingent beneficiaries are living and distribution has been made outright to them, if ANNE E. KERB is still living because there has been a voluntary termination of the trust in accordance with the provisions of this article, that such contingent beneficiaries will conserve, manage and distribute the proceeds of the former trust for the benefit of ANNE E. KERB to insure that she receives sufficient funds for her basic living and supplemental needs when public assistance benefits are unavailable or insufficient. This request pertaining to the use and management of the trust proceeds after the termination of the trust is not mandatory, but is an expression of my wishes only. I. BENEFICIARIES OF TRUST RESIDUE UPON DEATH OF DISABLED BENEFICIARY Unless sooner terminated, the trust created for ANNE E. KERB shall terminate upon her death. At that time all remaining trust assets shall be distributed to ANNE E. KERR's spouse, GARY KERB. If GARY KERB is not surviving, then all remaining trust assets shall be distributed to ANNE E. KERR's issue, per stirpes. 9 J. TRUSTEE'S POWERS Subject to the requirement that my Trustee be prudent, my Trustee shall have full power and authority to manage and control the trust estate and to sell, exchange, lease;, rent, assign, transfer and otherwise dispose of any or part thereof upon such terms and conditions as my Trustee may, in my Trustee's discretion, deem proper. My Trustee may invest or reinvest all or any part of the trust estate in such common or preferred stocks, bonds, debentures, mortgages, deeds, deeds of trust, notes and other securities, investments of property, including common trust funds, which my Trustee, in my Trustee's absolute discretion, may select or determine. It is my express intention that the Trustee shall have full power to invest and reinvest the trust funds as I might do if living, without being restricted to forms of investments which Trustees may be otherwise pernnitted by law to make, and without any requirements as to diversification ofinvestments. My Trustee may continue to hold in the form in which received, any securities or any property which I might own at the time of my death or which my Trustee may at any time acquire hereunder; and may invest any part of the trust funds in property located within or outside of the Commonwealth of Pennsylvania. My Trustee is further authorized to invest in life, annuity, accident, sickness, including disability, and medical insurance on behalf of and for the benefit of the trust beneficiaries. My Trustee shall not be obligated to undertake litigation for collection of any benefits or assets payable by reason of my death including, but not limited to, such benefits under life insurance policies, employee benefit plans or other contracts, plans or arrangements providing for payment or transfer at death which are payable to my Trustee unless my Trustee is indemnified to my Trustee's satisfaction against any liability and the expense of such litigation. Payment to my Trustee and the 10 receipt of or release by my Trustee shall fully discharge any payor, and no payor need inquire into or take notice of my Will to see to the application of such payment. My Trustee shall, in addition to the powers granted above, have all powers otherwise granted under the Pennsylvania Fiduciaries' Powers Act as amended after the date; of my Will and after my death. My Trustee shall specifically have the powers to invest in non-income producing assets. K. UNSUPERVISED ADMINISTRATION The trust created by this Will may be administered by my Trustee free from the control of any court that may otherwise have jurisdiction over my estate. ITEM X. Over the years I have loaned money to my children. Documentation of those loans will be kept with the Will. These loans are not to be forgiven in the event of my death. If there is a discrepancy between my records and my child's records regarding payments made by him or her on any loan, my records shall prevail unless adequate proof of such payment is provided to my Executor. ITEM XI. I nominate and appoint my son, ROBERT E. YOUN(s, as Executor of my Will. If ROBERT E. YOUNG is unable or unwilling to act as Executor, I appoint my daughter, DOROTHY J. PAYNE, as Executrix of my Will. I direct that my Executor or Successor Executrix be permitted to serve without bond. In addition to those powers granted by law, I grant them power to sell both real and personal property, at private or public sale, to invest cash without being limited to statutory investments, to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. 11 IN WITNESS WHEREOF, I, MARY JO ELDRIDGE, hereby set Amy hand to this my Last ~~. ~ ~ ~ f , 2007, at Harrisburg, Pennsylvania. Will and Testament, on ~ t~, / ,~ / ~ _ ~ MA J ~ -RIDGE In our presence, the above-named MARY JO ELDRIDGE signed this and declared this to be her Last Will and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Address Name 2000 Lin~lestown Rd., Suite 202, Harrisburg PA 17110 2000 Lin4lestown Rd., Suite 202, Harrisburg PA 17110 12 I, MARY JO ELDRIDGE, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed o dthee uteose.5 therein expressed. Will, and that I signed it willingly as my free and voluntary p ~ Sworn to or affirmed and acknowledged before me by MARY~O ELDRIDGE, the Testatrix, this / day of 2007. ei~ A . Notary Public ~~~ ~ M ~J E RIDGE ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mersa M. Kain, Notary Publ'~c Susquehanna Twp., Dauphin County My Corranission E~ires Aug.11,2010 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were prese ~ ~ ldn ate' as her freemand oluntary act for the instrument as her Will; that she signed and executed ~Y purposes therein expressed; that each of us in her sigh tanme e~nteen (18) yearsllo moreof age of that to the best of our knowledge, that she was at tha gh sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by ~~ ~ z, and m (9'iG(',f S ~IGL~- witnesses, this ~~ day of ~R,~ I , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M. Kain, Notary Public CAmm F-~P~ ~ 11~ U 13